HOUSE . . . . . . . No. 4789
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The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, June 24, 2024.
The committee on Ways and Means, to whom was referred the Bill relative to strengthening Massachusetts’ economic leadership (House, No. 4722), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 4789) [Bond Issue: General Obligation Bonds: $2,860,000,000.00].
For the committee,
AARON MICHLEWITZ.
FILED ON: 6/24/2024
HOUSE . . . . . . . . . . . . . . . No. 4789
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to strengthening Massachusetts’ economic leadership.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith finance improvements to the commonwealth’s economic infrastructure, drive industry innovation, and promote economic opportunity and job creation, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. To provide for a program of community development, economic opportunities, support for local governments, increased industry innovation, job creation and the promotion of economic reinvestment through the funding of infrastructure improvements the sums set forth in sections 2 to 2C, inclusive, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the laws regulating the disbursement of public funds. These sums shall be in addition to any amounts previously authorized and made available for the purposes of those items. The sums set forth in sections 2 to 2B, inclusive, shall be made available until June 30, 2029. The sums set forth in section 2C shall be made available until June 30, 2034.
SECTION 2.
EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Office of the Secretary
7002-1352For a grant program to coastal communities to be administered by the seaport economic council established by Executive Order No. 564; provided, that funding shall be used for community planning and investment activities that stimulate economic development and create jobs in the maritime economy sector, and to construct, improve, repair, maintain and protect coastal assets that are vital to achieving these goals; and provided further, that the planning, prioritization, selection and implementation of projects shall consider climate change impacts in furtherance of the goals of climate change mitigation and adaptation consistent with the integrated state hazard mitigation and climate change adaptation plan................ $100,000,000
7002-1522 For grants administered by Massachusetts Technology Development Corporation established in section 2 of chapter 40G of the General Laws, and doing business as MassVentures; provided, that such grants shall be made on a competitive basis to growing Massachusetts-based companies commercializing technologies developed with assistance of a Small Business Innovation Research or Small Business Technology Transfer grant from a federal agency, including, but not limited to, the United States Department of Defense, the United States Department of Energy or the National Science Foundation…………….…………….$25,000,000
7002-1523For grants administered by Massachusetts Technology Development Corporation established in section 2 of chapter 40G of the General Laws, and doing business as MassVentures; provided, that such grants shall be made on a competitive basis to Massachusetts-based companies in support of agricultural biotechnology or non-therapeutic biomanufacturing technologies developed with assistance of a Small Business Innovation Research or Small Business Technology Transfer grant from a federal agency, including, but not limited to, the United States Department of Energy, the United States Department of Agriculture, the United States Food and Drug Administration or the National Science Foundation……..…....$5,000,000
7002-8003For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws for matching grants that support agricultural biotechnology or non-therapeutic biomanufacturing among private entities, institutions of higher education, non-profits and other public or quasi-public entities located in the commonwealth; provided, that grants shall be awarded and administered consistent with the strategic goals and priorities of the Massachusetts advanced manufacturing collaborative established in section 10B of chapter 23A of the General Laws; and provided further, that grants shall be awarded in a manner that promotes geographic, social and economic equity………………………….…………$5,000,000
7002-8039 For the Scientific and Technology Research and Development Matching Grant Fund established in section 4G of chapter 40J of the General Laws……….......$95,000,000
7002-8044 For a program to be administered by the Massachusetts Development Finance Agency for site assembly, site assessment, predevelopment permitting and other predevelopment and marketing activities that enhance a site’s readiness for commercial, industrial or mixed-use development; provided, that a portion of the funds may be used to facilitate the expansion or replication of successful industrial parks and to support the revitalization of downtown centers…………………………………………................ $3,000,000
7002-8046 For the Massachusetts Growth Capital Corporation established pursuant to section 2 of chapter 40W of the General Laws for a program to provide matching grants to community development financial institutions certified by the United States Treasury or community development corporations certified under chapter 40H of the General Laws to enable them to leverage federal or private investments for the purpose of making loans to small businesses; provided, that such programs shall prioritize socially or economically disadvantaged businesses, which may include, but shall not be limited to, minority-owned, women-owned, veteran-owned or immigrant-owned small businesses, that have historically faced obstacles to accessing capital……………………………………………………………................ $35,000,000
7002-8053 For the Brownfields Redevelopment Fund established in section 29A of chapter 23G of the General Laws……………………………………….…................ $30,000,000
7002-8054 For the Massachusetts Growth Capital Corporation established in section 2 of chapter 40W of the General Laws, in consultation with the microbusiness development center within the Massachusetts office of business development, to provide grants to low- and moderate-income entrepreneurs to acquire, expand, improve or lease a facility, to purchase or lease equipment or to meet other capital needs of a business with not more than 20 employees and annual revenues not exceeding $2,500,000, including alternative energy generation projects; provided, that preference shall be given to businesses located in low-income or moderate-income areas or socially or economically disadvantaged businesses, which shall include, but shall not be limited to, minority-owned, women-owned, immigrant-owned or veteran-owned businesses; and provided further, that grants shall be awarded in a manner that promotes geographic equity…………………………………………………………………..........................$10,000,000
7002-8056 For a competitive grant program administered by the office of travel and tourism; provided, that funds may be used to improve facilities and destinations visited by in-state and out-of-state travelers to increase visitation, entice repeat visitation and promote the direct and indirect economic impacts of the tourism industry in all regions of the commonwealth; provided further, that grants shall support the design, repair, renovation, improvement, expansion and construction of facilities owned by municipalities or non-profit entities; provided further, that in evaluating grant applications, priority shall be given to projects located in state-designated cultural districts and projects that promote nature-based, agricultural and other forms of rural tourism; provided further, that all grantees to improve facilities and destinations visited by in-state and out-of-state travelers shall provide a match based on a graduated formula determined by the office of travel and tourism; provided further, that grant recipients shall be required to measure and report on return-on-investment data after the expenditure of grant funds; provided further, that grants shall be awarded in a manner that promotes geographic equity; and provided further, that a portion of the funding may be used to make capital investments that support the commemoration of the 250th anniversary of the founding of the United States…...... $40,000,000
7002-8057 For the Commonwealth Zoological Corporation established in section 2 of chapter 92B of the General Laws, for costs associated with the preparation of plans, studies and specifications, repairs, construction, renovations, improvements, maintenance, asset management and demolition and other capital improvements including those necessary for the operation of facilities operated by Zoo New England, including the Franklin Park Zoo and the Walter D. Stone Memorial Zoo…………………………………………………….…................ $15,000,000
7002-8058 For the Massachusetts Broadband Incentive Fund established in section 6C of chapter 40J of the General Laws, for capital repairs and improvements to broadband infrastructure owned by the Massachusetts Technology Park Corporation established in section 3 of chapter 40J………………………………………………………….…................$10,000,000
7002-8059 For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws for grant programs that support collaboration among manufacturers located in the commonwealth and institutions of higher education, non-profits or other public or quasi-public entities; provided, that eligible grantees shall include, but not be limited to, participants in the Manufacturing USA institutes, public and private academic institutions, non-profits and private business entities; provided further, that grant programs funded from this item shall consider the strategic goals and priorities of the Massachusetts advanced manufacturing collaborative established in section 10B of chapter 23A of the General Laws; and provided further, that grants shall be awarded in a manner that promotes geographic, social, racial, and economic equity……………………………………………….…...$99,000,000
7002-8061 For the MassWorks infrastructure program established in section 63 of chapter 23A of the General Laws…………………………………………................$400,000,000
7002-8062 For a program to provide assistance to projects that will improve, rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties to achieve the public purposes of eliminating blight, increasing housing production, supporting economic development projects, increasing the number of commercial buildings accessible to persons with disabilities and conserving natural resources through the targeted rehabilitation and reuse of vacant and underutilized property; provided, that such assistance shall take the form of a grant or a loan provided to a municipality or other public entity, a community development corporation, non-profit entity or for-profit entity; provided further, that eligible uses of funding shall include, but not be limited to: (i) improvements and additions to or alterations of structures and other facilities necessary to comply with requirements of building, fire or other life safety codes and regulations pertaining to accessibility for persons with disabilities, where such code or regulatory compliance is required in connection with a new commercial, residential or civic use of such structure or facility; and (ii) the targeted removal of existing underutilized structures or facilities to create or activate publicly-accessible recreational or civic spaces; provided further, that financial assistance offered pursuant to this line item may be administered by the executive office of economic development through a contract with the Massachusetts Development Finance Agency established in section 2 of chapter 23G of the General Laws; provided further, that the executive office or the Massachusetts Development Finance Agency may establish additional program requirements through regulations or policy guidelines; provided further, that funding shall be awarded on a competitive basis in accordance with such program requirements; provided further, that financial assistance offered pursuant to this item shall be awarded, to the extent feasible, in a manner that reflects geographic and demographic diversity and social, racial and economic equity within the commonwealth; and provided further, that program funds may be used for the reasonable costs of administering the program not to exceed 5 per cent of the total assistance made during the fiscal year…………………………………………........$40,000,000
7002-8066For a capital grant program to be administered by the executive office of economic development, in consultation with the executive office for administration and finance, to provide grants to support large, transformational projects to drive economic growth; provided, that such program may be known as Mass Impact…....……....….............................$250,000,000
7002-8068 For the rural development program established in section 66A of chapter 23A of the General Laws....…………………………………………….…................$100,000,000
7002-8069 For a capital grant program to be administered by the executive office of economic development to provide grants or other financial assistance to private businesses that are constructing or expanding commercial, industrial or manufacturing facilities in the commonwealth which may include, but are not limited to: (i) the construction or expansion of facilities in a manner that eliminates or minimizes the use of fossil-fuel heating and cooling equipment or incorporates other decarbonization measures that would not otherwise be incorporated into the facility design; (ii) the integration of design features that make a facility more resilient to the impacts of climate change, where such design features would not otherwise be economically feasible; or (iii) capital investments that support the creation of a significant number of new jobs in the commonwealth; provided, that the secretary of economic development shall promulgate program guidelines around the administration of the program, which may include administering the program through a contract with the Massachusetts Development Finance Agency or other appropriate quasi-governmental agency………………........$25,000,000
7002-8070 For a capital grant program to be administered by the Massachusetts Technology Park Corporation established in chapter 40J of the General Laws, to support the adoption and application of artificial intelligence capabilities to public policy problems and to leverage emerging artificial intelligence technologies to advance the commonwealth’s lead in technology sectors including, but not limited to, life sciences, healthcare and hospitals, financial services, advanced manufacturing, robotics and education; provided, that grants shall support capital expenses related to activities that leverage emerging artificial intelligence technologies to advance the commonwealth’s lead in such technology sectors; provided further, that grants shall be awarded and administered consistent with the strategic goals and priorities of the AI Strategic Task Force established by Executive Order No. 628; and provided further, that funds shall be used to support the incubation of artificial intelligence firms, advance the adoption of artificial intelligence technologies and support artificial intelligence software and hardware technology development and commercialization activities..…………………….….…................$100,000,000
7002-8072 For a competitive program administered by the Massachusetts Technology Park Corporation established in chapter 40J of the General Laws to provide grants or other financial assistance for infrastructure support for industry-led consortia focused on advancing the commonwealth’s global leadership and growing jobs in key emerging technology sectors including, but not limited to, quantum information sciences and technology, bioindustrial manufacturing and non-therapeutic biomanufacturing, which may include alternative proteins, which are proteins created from plant-based, fermented or cell-cultured inputs and processes to create foods that share sensory characteristics that are consistent with conventional meat and dairy; provided, that grants shall support the development, demonstration, deployment and commercialization of technology in said key emerging technology sectors; and provided further, that funds shall be expended for infrastructure that supports training, company incubation and acceleration, technology testing and evaluation and other commercial and economic development needs……………………………………………………………..........$75,000,000
7002-8074 For a competitive program administered by the Massachusetts Technology Park Corporation established in chapter 40J of the General Laws to provide grants or other financial assistance to support research and development of robotics technology, including but not limited to, robotics incubation, testing, training, workforce development, research and development and commercialization activities; provided, that grants may be made to non-profits, public or private universities or private business entities…………………..................$25,000,000
SECTION 2A.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary
0640-0308 For the Massachusetts Cultural Facilities Fund established in section 42 of chapter 23G of the General Laws for the acquisition, design, construction, repair, renovation, rehabilitation or other capital improvement or deferred maintenance to a cultural facility…………………………………………………………………………………$50,000,000
1100-2520 For grants or other financial assistance to cities, towns, regional organizations whose membership is exclusively composed of municipal governments, municipal redevelopment authorities or agencies or quasi-governmental agencies to support economic development in the commonwealth, including efforts that support workforce development, higher education, tourism and arts and culture; provided, that purposes may include, but shall not be limited to, planning and studies, preparation of plans and specifications, site assembly and preparation, dispositions, acquisitions, repairs, renovations, improvements, construction, demolition, remediation, modernization and reconstruction of facilities, infrastructure, equipment and other capital assets, technical assistance and information technology equipment and infrastructure…………………………………………………………………………$100,000,000
1100-2521 For the Massachusetts Educational Financing Agency established in section 4 of chapter 15C of the General Laws to assist students, their parents and others responsible for paying the costs of education as well as assisting institutions of higher education in supporting access to affordable higher education opportunities……………………$85,000,000
Board of Library Commissioners
7000-9093For a municipal grant program to support cities and towns for approved public library projects pursuant to sections 19G to 19J, inclusive, of chapter 78 of the General Laws; provided, that grants may be awarded to municipalities submitting applications jointly or through a regional planning agency....……………………………………….......... $150,000,000
SECTION 2B.
SECRETARY OF THE COMMONWEALTH
Massachusetts Historical Commission
0526-2013For a grant program to units of municipal government and to private, nonprofit organizations for the preservation of historic properties, landscapes and sites; provided, that such funds shall be awarded in accordance with regulations promulgated by the chair of the Massachusetts historical commission.......................................................................... $8,000,000
SECTION 2C.
EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Office of the Secretary
7002-0026For the Massachusetts Life Sciences Investment Fund established in section 6 of chapter 23I of the General Laws; provided, that not less than $80,000,000 shall be expended for expansion of the Manning College of Nursing & Health Sciences facilities at the University of Massachusetts Boston…………………………………………........... $580,000,000
7002-8077For the Clean Energy Investment Fund established in section 15 of chapter 23J of the General Laws to promote jobs, economic development and workforce development through capital grants to companies and governmental entities for the purposes of supporting and stimulating research and development, innovation, manufacturing, commercialization and deployment of technologies in the commonwealth………………………………….$200,000,000
7002-8078For the Massachusetts Offshore Wind Industry Investment Trust Fund established in section 9A of chapter 23J of the General Laws to support the offshore wind industry and facilitate economic development activity..……………….……………$200,000,000
SECTION 3. Section 16G of chapter 6A of the General Laws, as amended by sections 20 and 21 of chapter 7 of the acts of 2023, is hereby further amended by striking out subsections (i) and (j) and inserting in place thereof the following 2 subsections:-
(i) The secretary shall, subject to appropriation, establish within the executive office an office of performance management and oversight to improve the effectiveness of the economic development efforts of the commonwealth. The secretary shall appoint a director of said office who shall have economic development experience in the public or private sector. The director shall establish performance metrics for the public and quasi-public agencies within the executive office or subject to section 56 of chapter 23A, and any regional economic development organization or other private organizations under contract with the commonwealth to perform economic development services, as the secretary shall determine. In developing or revising these performance metrics, the director may from time to time seek out private sector advice and models that can be adapted to the needs of the commonwealth. The secretary shall require each agency or organization reporting to the office to submit an annual plan, including the goals, programs and initiatives for the forthcoming year, and an evaluation of the performance on the goals, programs and initiatives outlined in the preceding year’s plan. Such reports shall be in a form directed by the director and shall incorporate such performance metrics as the director shall establish.
(j) The director shall prepare an annual report on the progress the agencies or organizations reporting to the office are making towards achieving stated goals in their annual plan. The annual report shall be made available to the public not later than December 31 and shall be published on the official website of the commonwealth and shall be forwarded to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on economic development and emerging technologies.
SECTION 4. Said section 16G of said chapter 6A, as so amended, is hereby further amended by striking out subsection (m) and inserting in place thereof the following subsection:-
(m) Every 4 years, the secretary of economic development, in consultation with the secretary of energy and environmental affairs shall prepare a report that evaluates the status of the commercial fishing industry and includes recommendations for appropriate actions to be taken to maintain and revitalize the commercial fishing, shellfish and seafood industry.
In carrying out this requirement, the secretaries may, and are encouraged to, seek the laboratory, technical, education and research skills and facilities of public institutions of higher education.
SECTION 5. Subsection (n) of said section 16G of said chapter 6A, as appearing in the 2022 Official Edition, is hereby amended by striking out the second sentence.
SECTION 6. Said section 16G of said chapter 6A is hereby further amended by striking out, in lines 255 to 256, as so appearing, the words “executive office and paid as the fund director shall direct” and inserting in place thereof the following words:- secretary of economic development.
SECTION 7. Said section 16G of said chapter 6A is hereby further amended by striking out, in line 273, as so appearing, the words “The executive office shall submit an annual” and inserting in place thereof the following words:- In years when expenditures are made from the fund, the executive office shall submit a.
SECTION 8. Section 35FF of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out the words “clean energy”, in lines 46, 51, 52, 53, 57, 64, 75, 87, 89, 94, 98, 138, 139, 140, and 141 to 142, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 9. Chapter 22 of the General Laws is hereby amended by striking out section 12 and inserting in place thereof the following section:-
Section 12. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Mixed martial arts”, as defined in section 32 of chapter 147.
“Unarmed combative sport”, as defined in section 32 of chapter 147.
(b) There shall be within the office of public safety and inspections a commission, to be known as the state athletic commission, consisting of the commissioner of occupational licensure, or their designee, and 4 persons to be appointed by the governor, 1 of whom shall have a background in the sport of boxing and 1 of whom shall have a background in the sport of mixed martial arts. Members shall serve for terms of 3 years or until a successor is appointed. The governor shall from time to time designate 1 member as chair. A quorum of 3 members shall be required for the commission to exercise its authority, and an affirmative vote of a majority of the commissioners present at a commission meeting shall be required for all commission actions. The members appointed by the governor may be reimbursed for necessary travel expenses incurred in the performance of their duties.
(c) If a member is absent without justification for 4 consecutive meetings or for more than 50 per cent of the meetings in a single calendar year, the member’s seat on the commission shall be vacant and the governor shall appoint a successor consistent with subsection (b). The commission shall, by rule, define what constitutes excused and unexcused absences.
(d) Each commission member shall serve at the pleasure of the governor.
(e) The commission shall appoint a full-time executive director to assume the role of the commission’s administrative and executive head. The executive director shall have: (i) not less than 5 years of experience in unarmed combative sports; and (ii) skills and experience in management. The executive director shall serve at the pleasure of the commission, shall devote their full time and attention to the office’s duties and shall receive a salary as determined by the commission. The executive director shall be responsible for administering and enforcing the provisions of law relative to the commission. The executive director may, subject to the approval of the commission, employ other employees, consultants, agents and advisors, including, but not limited to, legal counsel, and shall attend the meetings of the commission.
(f) The commission may deputize 1 or more persons to represent the commission and to be present at a match or exhibition held under sections 32 to 51, inclusive, of chapter 147; provided, however, that such deputies shall be compensated in an amount fixed by the commission for each match or exhibition attended; and provided further, that the commission may approve that such deputies be reimbursed for necessary travel expenses incurred in the performance of their duties.
(g) No deputy shall be assigned to regulate an event under the authority or jurisdiction of the commission who has not received formal training on the laws and rules of the commission and related issues within the previous 12 months prior to the scheduled event. The commission may reimburse deputies for necessary travel expenses incurred while attending a formal training.
SECTION 10. Subsection (b) of section 3A of chapter 23A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Expansion of an existing facility” and inserting in place thereof the following definition:-
“Expansion project”, the expansion of an existing facility located in the commonwealth that results in a net increase in the number of permanent full-time employees at the expanded facility.
SECTION 11. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by inserting after the definition of “Gateway municipality” the following definition:-
“In-state relocation project”, the relocation of a business from 1 location in the commonwealth to another location in the commonwealth that results in a net increase in the number of permanent full-time employees.
SECTION 12. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of “Municipal project endorsement” and inserting in place thereof the following definition:-
“Municipal project endorsement”, an endorsement of a city council with the approval of the mayor in a city, a select board or a board of selectmen in a town that: (i) finds a proposed project is consistent with the municipality’s economic development objectives; (ii) finds a proposed project has a reasonable chance of increasing or retaining employment opportunities as advanced in the proposal; and (iii) provides a description of the local tax incentive, if any, offered by the municipality in support of the proposed project.
SECTION 13. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by inserting after the definition of “Municipality” the following definition:-
“Out-of-state relocation project”, the relocation of a business and permanent full-time employees from outside the commonwealth to a location within the commonwealth.
SECTION 14. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of “Proportion of compliance” and inserting in place thereof the following definition:-
“Proportion of compliance”, a determination made by the economic assistance coordinating council, established pursuant to section 3B, of a certified project’s compliance with obligations related to capital investment, job creation, job retention or other obligations applicable to the certified project.
SECTION 15. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of “Replacement of an existing facility” and inserting in place thereof the following definition:-
“Retention project”, a project that enables a controlling business to retain at least 50 permanent full-time employees at a facility located within a gateway city or in an adjacent city or town that is accessible by public transportation to residents of a gateway city; provided, that without such project, the retained jobs would be relocated outside of the commonwealth.
SECTION 16. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out, in line 113, the words “and approved by the EACC”.
SECTION 17. The first sentence of subsection (a) of section 3B of said chapter 23A, as appearing in section 66 of chapter 7 of the acts of 2023, is hereby amended by striking out the words “who shall serve as co-chairperson”.
SECTION 18. Said section 3B of said chapter 23A, as appearing in the 2022 Official Edition, is hereby further amended by striking out clauses (iii) to (vii), inclusive, and inserting in place thereof following clauses:-
(iii) authorize municipalities to apply to the United States Foreign Trade Zone Board for the privilege of establishing, operating and maintaining a foreign trade zone in accordance with section 3G;
(iv) assist municipalities in obtaining state and federal resources and assistance for certified projects and other job creation and retention opportunities;
(v) provide appropriate coordination with other state programs, agencies, authorities and public instrumentalities to enable certified projects and other job creation and retention opportunities to be more effectively promoted by the commonwealth; and
(vi) monitor the implementation of the economic development incentive program.
SECTION 19. Subsection (c) of said section 3B of said chapter 23A, as most recently amended by section 67 of chapter 7 of the acts of 2023, is hereby further amended by striking out the first 2 sentences and inserting in place thereof the following sentence:- The director of MOBD shall be responsible for administering the EDIP in consultation with the secretary of economic development and the EACC.
SECTION 20. Section 3C of said chapter 23A, as appearing in the 2022 Official Edition, is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
(a) A controlling business may petition the EACC to certify a proposed project by submitting the following to the EACC: (i) a detailed description of the proposed project; (ii) a representation by the controlling business regarding the amount of capital investment to be made, the number of new jobs to be created and the number of existing jobs to be retained; (iii) a representation by the controlling business regarding any other economic benefits or other public benefits expected to result from the construction of the proposed project; and (iv) any other information that the EACC shall require by regulation, policy or guidance.
(b)(1) Upon receipt of a completed project proposal, the EACC may certify the proposed project, deny certification of the proposed project or certify the proposed project with conditions. In order to certify a proposed project, with or without conditions, the EACC shall make the following required findings based on the project proposal and any additional investigation that the EACC shall make: (i) the proposed project is located or will be located within the commonwealth; (ii) the proposed project qualifies as an expansion project, in-state relocation project, out-of-state relocation project or retention project; (iii) the controlling business has committed to maintaining new and retained jobs for a period of at least 3 years after the completion of the proposed project; (iv) the proposed project appears to be economically feasible and the controlling business has the financial and other means to undertake and complete the proposed project; (v) the EDIP tax credits available to the controlling business pursuant to this chapter are a significant factor in its decision to undertake the proposed project; and (vi) the proposed project complies with all applicable statutory requirements and with any other criteria that the EACC may prescribe by regulation, policy or guidance.
(2) The EACC shall, by regulation, policy or guidance, provide for the contents of an application for project certification, which may include a requirement that the controlling business provide written evidence to support clause (v).
SECTION 21. Subsection (d) of said section 3C of said chapter 23A, as so appearing, is hereby amended by striking out the last sentence.
SECTION 22. Section 3D of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 4 to 5, the words “awarded and the schedule on which those credits may be claimed” and inserting in place thereof the following words:- awarded, the schedule on which those credits may be claimed and the extent to which the credits are refundable.
SECTION 23. Said section 3D of said chapter 23A, as so appearing, is hereby further amended by striking out, in lines 25 to 29, inclusive, the words “and (vii) commitments, if any, made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain women or minority-owned businesses during the construction of the certified project” and inserting in place thereof the following words:- (vii) commitments, if any, made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain women or minority-owned businesses during the construction of the certified project; and (viii) the commitments, if any, set forth in a municipal project endorsement.
SECTION 24. Said section 3D of said chapter 23A, as so appearing, is hereby further amended by striking out, in lines 35 to 37, inclusive, the words “and (iii) limit or restrict the right of the controlling business to carry unused tax credits forward to subsequent tax years” and inserting in place thereof the following words:- (iii) limit or restrict the right of the controlling business to carry unused tax credits forward to subsequent tax years; and (iv) allow all or some portion of the credits to be refundable.
SECTION 25. Said section 3D of said chapter 23A, as so appearing, is hereby further amended by striking out subsection (b).
SECTION 26. Said chapter 23A is hereby further amended by striking out section 3E and inserting in place thereof the following section:-
Section 3E. (a) Tax increment financing may be offered by a municipality in accordance with section 59 of chapter 40 to the controlling business of a certified project, or to any person or entity undertaking a real estate project or to any person or entity expanding a facility if the municipality finds that there is a strong likelihood that any of the following will occur within the area in question within a specific and reasonably proximate period of time: (i) a significant influx or growth in business activity; (ii) the creation of a significant number of new jobs and not merely a replacement or relocation of current jobs within the commonwealth; or (iii) a private project or investment that contributes significantly to the resiliency of the local economy.
(b)(1) A municipality may offer a special tax assessment to the controlling business of a certified project, to a person or entity undertaking a real estate project or to a person or entity proposing to retain permanent full-time jobs at a facility that otherwise would be at risk of relocating outside of the commonwealth. A special tax assessment shall be set forth in a written agreement between the municipality and the property owner. The agreement shall include, but shall not be limited to, the amount of the tax reduction and the period of time over which such reduction shall be in effect, which shall be for not less than 5 years and not more than 20 years. A special tax assessment approved by the municipality shall provide for a reduction of the real property tax that otherwise would be due. The reduction shall be based upon a percentage reduction in the tax that otherwise would be due on the full assessed value of the affected property. The special tax assessment shall provide for tax reduction at least equal to the following: (i) in the first year, the tax reduction shall be not less than 50 per cent of the tax that would be due based on the full assessed value of the affected property; (ii) in the second and third years, the tax reduction shall be not less than 25 per cent of the tax that would be due based on the full assessed value of the affected property; and (iii) in the fourth and fifth years, the tax reduction shall be not less than 5 per cent of the tax that would be due based on the full assessed value of the affected property. The municipality may at its discretion provide for greater real property tax reductions than those described in clauses (i) to (iii), inclusive.
(2) A municipality may approve special tax assessments if it determines that: (i) the property owner is: (A) either undertaking a project or otherwise making an investment that contributes to economic revitalization of the municipality and significantly increases employment opportunities for residents of the municipality; or (B) retaining permanent full-time employees that otherwise would be relocated to a facility outside of the commonwealth; (ii) the special tax assessment is reasonably necessary to enable the owner’s investment in the project or to retain the jobs that otherwise would be relocated; and (iii) the total amount of local tax foregone is reasonably proportionate to the public benefits resulting from the special tax assessment.
(c) If a municipality offers tax increment financing or special tax assessment to the owner or controlling business of a certified project or to the owner of a facility where a certified project is located, the municipality shall notify the EACC by submitting a fully executed copy of the adopted local incentive agreement and any amendments thereto.
SECTION 27. Section 3F of said chapter 23A, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words “Not later than 2 years after the initial certification of a project by the EACC, and annually thereafter, the” and inserting in place thereof the following word:- The.
SECTION 28. Said section 3F of said chapter 23A, as so appearing, is hereby further amended by striking out, in line 37, the words “with job creation requirements”.
SECTION 29. Said section 3F of said chapter 23A, as so appearing, is hereby further amended by striking out subsections (d) and (e) and inserting in place thereof the following 2 subsections:-
(d) Revocation of a project certification shall take effect on the first day of the tax year in which the material noncompliance occurred, as determined by the EACC, and all EDIP tax credits available to the controlling business shall be rescinded and any claimed tax credits awarded under this chapter shall be recaptured in accordance with subsection (g) of section 6 of chapter 62 and subsection (i) of section 38N of chapter 63.
(e) Notwithstanding any general law to the contrary, if a municipality terminates a local tax incentive agreement, the municipality may recapture the value of the tax not paid by making a special assessment on the owner of the parcel of real property in the tax year that follows the municipality’s decision to terminate the agreement. The assessment, payment and collection of the special assessment shall be governed by procedures provided for the taxation of omitted property pursuant to section 75 of chapter 59 notwithstanding the time period set forth in said chapter 59 for which omitted property assessments may be imposed for each of the fiscal years included in the special assessment.
SECTION 30. Said chapter 23A is hereby further amended by striking out section 3H and inserting in place thereof the following section:-
Section 3H. (a) There shall be a permit regulatory office within the executive office of economic development. The secretary of economic development shall appoint a person with experience in permitting and business development to serve as the director of the permit regulatory office. The director of the permit regulatory office shall: (i) serve as the state permit ombudsman to new and expanding businesses; (ii) work with other state agencies, but not including divisions of the state secretary’s office, to expedite the process of obtaining state licenses, permits, state certificates, state approvals and other requirements of law; (iii) provide technical assistance to municipalities interested in streamlining local permitting processes; (iv) review and approve or deny municipal priority development site proposals made pursuant to chapter 43D and monitor the development of priority development sites; (v) subject to appropriation, administer and award technical assistance grants pursuant to chapter 43D; and (vi) support the administration of the growth districts initiative as defined in chapter 43E. The permit regulatory office shall consult with the secretary of energy and environmental affairs, the secretary of housing and livable communities and the secretary of transportation prior to approving or denying a proposed priority development site.
(b) There shall be a regulatory ombudsman within the permit regulatory office to address regulatory matters of interest to the business community. The regulatory ombudsman shall work in partnership with the state permitting ombudsman to assist businesses in the process of complying with state regulations and other requirements of law that affect businesses. The regulatory ombudsman shall facilitate communication between individual businesses and state agencies and provide periodic training to regulatory personnel in state agencies on how to identify the small business impacts of regulation, how to reduce those impacts and how to expedite and streamline the process or compliance.
(c) The director of the permit regulatory office shall file an annual report with the house and senate committees on ways and means not later than January 1 detailing the activities of the permit regulatory office.
SECTION 31. Said chapter 23A is hereby further amended by inserting after section 3L the following 2 sections:-
Section 3M. (a)(1) For the purposes of this section, “office” shall mean the Massachusetts office of business development established in section 1, or any constituent office thereof.
(2) There is hereby established a pilot program for a live theater tax credit for which a live theater company doing business with a Massachusetts-based theater venue, theater company, theater presenter or producer may be eligible. The credit shall be established to support the expansion of pre-Broadway productions, pre-off Broadway productions and national tour launches, as those terms are defined in paragraph (1) of subsection (ee) of section 6 of chapter 62 and subsection (a) of section 38OO of chapter 63 and shall assist in the development of long run show development and growth.
(b)(1) The office, directly or through a constituent office, shall run a competitive grant program to award live theater tax credits. An applicant may only be awarded a tax credit if they meet the requisite criteria and qualifications for the credit as outlined in this section and subsection (ee) of section 6 of chapter 62 or section 38OO of chapter 63. The office shall establish criteria for prioritization of credits, which may include anticipated economic impact and other factors at the discretion of the office. The total cumulative value of the credits authorized pursuant to this section and subsection (ee) of section 6 of chapter 62 or section 38OO of chapter 63 shall not exceed $5,000,000 annually.
(2) An applicant for a live theater tax credit shall properly prepare, sign and submit to the office an application for certification of the theater production. The application shall provide all information and data the office deems necessary for the evaluation and administration of the application, including, but not limited to, any information about the theater production company or its related partners or presenters and a specific Massachusetts live theater or musical production as well as such other information as the office, in its discretion, requires to evaluate and prioritize applications. The eligible theater production budget shall be not less than $100,000. The maximum credit for any production shall not be more than $5,000,000, or a lesser amount as determined by the office.
(3) The office shall review completed applications, determine whether they meet the requisite criteria and qualifications for certification and award tax credits at their sole discretion. If a theater production or presentation is determined to be eligible, the office shall issue a certification of the eligible theater production or presentation to the theater production company, co-producer or presenter and to the commissioner of revenue. The certification shall provide a unique identification number for the production and shall be a statement of conditional eligibility for the production.
(c) Upon completion of an eligible theater production for which a certification has been granted, the applicant shall properly prepare, sign and submit to the office and the department of revenue a cost accounting in connection with the eligible theater production. The cost accounting shall contain a cost report and an accountant’s certification. In computing payroll costs, production and performance expenditures and transportation expenditures for which a credit may be claimed, an eligible theater production shall subtract any state funds, state loans or state guaranteed loans. The office and commissioner of revenue may rely, without independent investigation, upon an accountant’s certification, in the form of an opinion, confirming the accuracy of the information included in the cost report. If the office or the department of revenue receives information that is materially inconsistent with representations made in an application, the office may rescind the certification.
(d) The office, in consultation with the commissioner of revenue, shall promulgate rules and regulations to administer this section.
Section 3N. (a)(1) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Digital interactive media”, as defined in subsection (ii) of section 6 of chapter 62.
“Digital interactive media production company”, as defined in subsection (ii) of section 6 of chapter 62.
“Office”, the Massachusetts office of business development established in section 1, or any constituent office thereof.
(b)(1) There is hereby established a pilot program for a digital interactive media tax credit for which a digital interactive media production company doing business in the commonwealth may be eligible. The credit shall support digital interactive media production in the commonwealth and maintain students in the commonwealth.
(2) The office shall establish a pilot program to award digital interactive media tax credits to qualified digital interactive media production companies for the employment of persons within the commonwealth in connection with the production of digital interactive media in the commonwealth within any consecutive 12-month period. An applicant shall only be awarded a tax credit if they meet the requisite criteria and qualifications for credit as outlined in this section and subsection (ii) of section 6 of chapter 62 or section 38TT of chapter 63.
(3) The office shall establish criteria for prioritization of credits, which may include anticipated economic impact and other factors at the discretion of the office, including the extent to which credits are refundable. The total cumulative value of the credits authorized pursuant to this section and subsection (ii) of section 6 of chapter 62 or section 38TT of chapter 63 shall not exceed $5,000,000 annually.
(c)(1) The office may certify 1 or more digital interactive media production companies upon timely receipt of an application, on a form prescribed by the office, and any information the office determines, including, but not limited to, information to verify any digital interactive media production expenses.
(2) The office shall review completed applications and determine whether they meet the requisite criteria and qualifications for certification. If a digital interactive media company is determined to be eligible, the office shall issue a certification and coordinate with the department of revenue for the administration of a tax credit. If the office or the department of revenue receives information that is materially inconsistent with representations made in an application, the office may rescind the certification.
(3) The office may impose a fee for the processing of applications under this section.
(d) The office may promulgate regulations as necessary for the administration of this section.
SECTION 32. Section 62 of said chapter 23A is hereby repealed.
SECTION 33. Said chapter 23A is hereby further amended by striking out section 66 and inserting in place thereof the following 2 sections:-
Section 66. (a) For purposes of this section and section 66A, “rural community” shall mean a municipality with a population density of less than 500 persons per square mile or a population of less than 7,000 persons, in each case as shown in the most recent U.S. decennial census.
(b) There shall be a rural policy advisory commission within, but not subject to the supervision or control of, the executive office of economic development. The mission of the commission shall be to enhance the economic vitality of rural communities and advance the health and well-being of rural residents.
(c) The commission shall consist of the following 15 members: the speaker of the house of representatives, ex officio, or a designee; the president of the senate, ex officio, or a designee; the secretary of economic development, ex officio, or a designee; and 12 persons to be appointed by the governor, 1 of whom shall be from the Berkshire regional planning commission, 1 of whom shall be from the Cape Cod commission, 1 of whom shall be from the central Massachusetts regional planning district commission, 1 of whom shall be from the Franklin regional council of governments, 1 of whom shall be from the Martha’s Vineyard commission, 1 of whom shall be from the Montachusett regional planning commission, 1 of whom shall be from the Nantucket planning and economic development commission and 1 of whom shall be from the Pioneer Valley planning commission. Commission members shall be persons with demonstrated interest and experience in advancing the interests of rural residents.
(d) Members of the commission shall serve a maximum of 3 consecutive 3-year terms. Vacancies in the membership of the commission shall be filled for the balance of the unexpired term. The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it considers necessary. The members of the commission shall receive no compensation for their services but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties. Members shall be considered special state employees for the purposes of chapter 268A.
(e) The commission shall serve as a research body for issues critical to the welfare and vitality of rural communities and shall: (i) study, review and report on the status of rural communities and residents in the commonwealth; (ii) advise the general court and the executive branch of the impact of existing and proposed state laws, policies and regulations on rural communities; (iii) advance legislative and policy solutions that address rural needs; (iv) advocate to ensure that rural communities receive a fair share of state investment; (v) promote collaboration among rural communities to improve efficiency in delivery of services; and (vi) develop and support new leadership in rural communities. The executive office shall, subject to appropriation, provide the commission with adequate office space and any research, analysis or other staff support that the commission reasonably requires.
(f) The commission shall meet on a quarterly basis at the discretion of the chair. Meeting locations shall rotate between Boston, Cape Cod and the Islands, central Massachusetts and western Massachusetts. Meetings shall be open to the public pursuant to sections 18 to 25, inclusive, of chapter 30A.
(g) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds for any of the purposes of this section. The funds shall be deposited in a separate account with the state treasurer, shall be received by the state treasurer on behalf of the commonwealth and shall be expended by the commission under the law.
(h) The commission shall annually, not later than June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the house of representatives and the senate who shall forward the same to the joint committee on economic development and emerging technologies.
Section 66A. (a) The executive office of economic development shall administer a rural development program to promote economic opportunity and prosperity in rural communities. The program shall provide financial assistance on a competitive basis to municipalities, other public entities, community development corporations or non-profit entities for infrastructure projects, downtown improvements and other projects that advance economic and community development, stable housing markets and priorities identified by the rural policy advisory commission established in section 66.
(b) The secretary of economic development shall, through guidelines or regulations, establish an application process and criteria to prioritize the distribution of financial assistance, taking into account the diversity of rural communities. The guidelines or regulations shall allow for joint applications by 2 or more rural communities for a single project serving the municipalities.
(c) The secretary of economic development shall report annually to the house and senate committees on ways and means and the joint committee on community development and small businesses on the activities and status of the program.
SECTION 34. Subsection (a) of section 69 of said chapter 23A, as appearing in the 2022 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- For the purposes of this section, the term “micro business” shall mean a business entity with: (i) a principal place of business in the commonwealth; (ii) not more than 10 full-time employees; and (iii) annual revenue of not more than $250,000.
SECTION 35. Section 27 of chapter 23G of the General Laws, as so appearing, is hereby amended by striking out, in line 103, the words “clean and renewable energy technology” and inserting in place thereof the following words:- climatetech, as defined in section 1 of chapter 23J.
SECTION 36. Chapter 23I of the General Laws is hereby amended by striking out section 1 and inserting in place thereof the following section:-
Section 1. The general court finds and declares that:
(1) research in the life sciences and regenerative and preventative medicine presents a significant opportunity of yielding fundamental biological knowledge from which may emanate therapies to relieve, on a large scale, human suffering from disease and injury;
(2) the extraordinary biomedical scientists working within institutions of higher education, research institutes, hospitals and life sciences companies can contribute significantly to the welfare of mankind by performing outstanding research in these fields;
(3) promoting the health of residents of the commonwealth is a fundamental purpose of state government;
(4) promoting life sciences research to foster the development of the next generation of health-related innovations, to enhance the competitive position of the commonwealth in this vital sector of the economy and to improve the quality and delivery of health care for the people of the commonwealth is a clear public purpose and governmental function;
(5) public support for, and promotion of, the life sciences will benefit the commonwealth and its residents through improved health status and health outcomes, economic development and contributions to scientific knowledge, and such research will lead to breakthroughs and improvements that might not otherwise be discovered due to the lack of existing market incentives, especially in the area of regenerative and preventative medicine, such as stem cell research;
(6) public support for, and promotion of, life sciences research has the potential to provide cures or new treatments for many debilitating diseases that cause tremendous human suffering and cost the commonwealth millions of dollars each year;
(7) it is imperative for the purposes of the commonwealth’s competitiveness to invest in life sciences research, biotechnology, nanotechnology, bio-security and health-related artificial intelligence to leverage revenues and to encourage cooperation and innovation among public and private institutions involved in life sciences research and related applications;
(8) the purpose of this chapter is to continue the establishment of the Massachusetts Life Sciences Center, to grant that center the power to contract with other entities to receive other funds and to disburse those funds consistent with the purpose of this chapter;
(9) the Massachusetts Life Sciences Center is intended to: (i) promote the best available research in life sciences disciplines through diverse institutions and to build upon existing strengths in the area of biosciences in order to spread the economic benefits across the commonwealth; and (ii) foster improved health care outcomes in the commonwealth and the world; and
(10) the investments of the Massachusetts Life Sciences Center are intended to support future statewide, comprehensive strategies to lead the nation in life sciences-related research, innovations and employment.
SECTION 37. Section 2 of said chapter 23I, as appearing in the 2022 Official Edition, is hereby amended by inserting after the definition of “Equity investment” the following definition:-
“Health equity”, addressing the preventable disproportion and differences in the burden of disease, experienced by populations that have been disadvantaged by their social or economic status, geographic location or environment.
SECTION 38. Said section 2 of said chapter 23I, as so appearing, is hereby further amended by striking out the definition of “Life sciences” and inserting in place thereof the following definition:-
“Life sciences”, advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications, including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical technology, medical devices, nanotechnology, natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA interference, stem cell research and veterinary science.
SECTION 39. Section 3 of said chapter 23I, as amended by section 133 of chapter 7 of the acts of 2023, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b)(1) The center shall be governed and its corporate powers exercised by a board of directors consisting of 9 directors: 1 of whom shall be the secretary of administration and finance or their designee; 1 of whom shall be the secretary of economic development or their designee; 1 of whom shall be the president of the University of Massachusetts or their designee; and 6 of whom shall be appointed by the governor, 1 of whom shall be a chief executive officer of a Massachusetts-based life sciences corporation that is a member of the board of directors of the Massachusetts Biotechnology Council, 1 of whom shall be a researcher involved in the commercialization of biotechnology, pharmaceuticals, medical technology or medical diagnostic products, 1 of whom shall have significant experience in the medical device sector and shall be a member of the Massachusetts Medical Device Industry Council board of directors, 1 of whom shall have significant experience in the health equity subsector of the life sciences sector, 1 of whom shall have significant experience in the digital health subsector of the life sciences sector and 1 of whom shall be a member of the board of the Massachusetts Health and Hospital Association.
(2) Each appointed member shall serve a term of 5 years; provided, however, that in making initial appointments, the governor shall appoint 1 director to serve for a term of 1 year, 1 director to serve for a term of 2 years, 1 director to serve for a term of 3 years and 1 director to serve for a term of 4 years. The secretary of the executive office of administration and finance and the secretary of economic development, or their designees, shall serve as co-chairs of the board. Any person appointed to fill a vacancy in the office of an appointed director of the board shall be appointed in a like manner and shall serve for only the unexpired term of such director. Any director shall be eligible for reappointment. Any director may be removed from their appointment by the governor for cause.
SECTION 40. Said section 3 of said chapter 23I is hereby further amended by striking out, in line 38, as appearing in the 2022 Official Edition, the word “Four” and inserting in place thereof the following word:- Six.
SECTION 41. Said section 3 of said chapter 23I is hereby further amended by inserting after the word “center”, in line 71, as so appearing, the following words:- ; provided, however, that the president may, in their discretion, elect to appoint and employ a chief administrative and operational officer.
SECTION 42. Section 4 of said chapter 23I is hereby amended by striking out the word “Investment”, in line 64, as so appearing, and inserting in place thereof the following word:- Breakthrough.
SECTION 43. Subsection (a) of said section 4 of said chapter 23I, as amended by section 134 of chapter 7 of the acts of 2023, is hereby further amended by inserting after clause (23) the following clause:-
(23A) to disburse, appropriate, grant, loan or allocate bond proceeds to institutions of higher education, nonprofit organizations, other public or quasi-public entities in the commonwealth and certified life sciences companies; provided, that eligible grantees shall include private businesses; provided further, that grants shall be awarded and administered consistent with the strategic goals and priorities of the center; provided further, that grants administered for the purchase of equipment to be owned by, leased to or located within the premises of a private business shall be administered in support of a partnership with an institution of higher education or nonprofit corporation with a mission of supporting the life sciences in the commonwealth; provided further, that a private university or business entity shall not be eligible for a grant unless the center determines that a grant to such university or entity will result in a significant public benefit and any private benefit is incidental to a legitimate public purpose; and provided further, that grants shall be administered in a manner that promotes geographic, social, racial and economic equity;.
SECTION 44. Said section 4 of said chapter 23I is hereby further amended by striking out the word “Investment”, in line 159, as appearing in the 2022 Official Edition, and inserting in place thereof the following word:- Breakthrough.
SECTION 45. Said subsection (a) of said section 4 of said chapter 23I, as amended by section 134 of chapter 7 of the acts of 2023, is hereby further amended by striking out clauses (31) and (32) and inserting in place thereof the following 3 clauses:-
(31) to track and report to the general court on federal initiatives that have an impact on life sciences companies doing business in the commonwealth;
(32) to create award programs to acknowledge successful companies, public and private institutions and programs in industry-specific areas, as determined by the center; and
(33) to convene an advisory board as may be necessary in its judgment to carry out the purposes of this chapter.
SECTION 46. Subsection (c) of section 5 of said chapter 23I, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 64, the word “Investment” and inserting in place thereof the following word:- Breakthrough.
SECTION 47. Subsection (d) of said section 5 of said chapter 23I, as so appearing, is hereby amended by striking out, in line 92, the figure “$30,000,000” and inserting in place thereof the following figure:- $50,000,000.
SECTION 48. Subsection (e) of said section 5 of said chapter 23I, as so appearing, is hereby amended by striking out, in line 107, the figure “5” and inserting in place thereof the following figure:- 3.
SECTION 49. Said subsection (e) of said section 5 of said chapter 23I, as so appearing, is hereby further amended by striking out, in line 120, the word “shall” and inserting in place thereof the following word:- may.
SECTION 50. Said chapter 23I is hereby further amended by striking out section 6 and inserting in place thereof the following section:-
Section 6. (a) There shall be established and placed within the center a fund to be known as the Massachusetts Life Sciences Breakthrough Fund to finance the activities of the center. The fund shall be credited with: (i) any appropriations or other money authorized by the general court and specifically designated to be credited thereto; (ii) additional funds subject to the direction and control of the center; (iii) pension funds; (iv) federal grants or loans; (v) royalties or private investment capital which may properly be applied in furtherance of the objectives of the fund; (vi) any proceeds from the sale of qualified investments secured or held by the fund; (vii) fees and charges imposed relative to the making of qualified investments as defined by the center, secured or held by the fund; and (viii) any other money which may be available to the center for the purposes of the fund from any other source. Any funds deposited in the fund shall be available to the center for the purposes described in this section without further appropriation. All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be made available for expenditure in the subsequent fiscal year.
(b) The center shall invest and reinvest the fund and the income thereof only as follows:
(i) making qualified investments pursuant to subsection (c);
(ii) defraying the ordinary and necessary expenses of administration and operation associated with the center; provided, however, that said administrative and operational expenses shall not exceed 15 per cent of the maximum amount authorized to be expended from the fund in a fiscal year;
(iii) investing any funds not required for immediate disbursement in the purchase of such securities as may be lawful investments for fiduciaries in the commonwealth;
(iv) paying binding obligations associated with such qualified investments which shall be secured by the fund as the same become payable; or
(v) paying principal or interest on qualified investments secured by the fund or paying any redemption premium required to be paid when such qualified investments shall be redeemed prior to maturity; provided, however, that money in the fund shall not be withdrawn at any time in such an amount as would reduce the amount of the fund to less than the minimum requirement thereof established by the board, except for the purpose of paying binding obligations associated with qualified investments which shall be secured by the fund as the same become payable.
(c) The fund shall be held and applied by the center, subject to the approval of the board, to make qualified investments, grants, research and other funding and loans designed to advance the following public purposes for the life sciences in the commonwealth:
(i) to stimulate increased financing for the expansion of research and development by leveraging private financing for highly productive state-of-the-art research and development facilities, equipment and instrumentation and by providing financing related thereto, including, but not limited to, financing for the construction or expansion of such new facilities;
(ii) to make targeted investments, including, but not limited to, research funding, proof of concept funding and funding for the development of devices, drugs or therapeutics and to promote manufacturing activities for new or existing advanced technologies and life sciences research; provided, that funding provided for the purchase of equipment to be owned by, leased to or located within the premises of a private businesses shall be made in support of a partnership with an institution of higher education or nonprofit corporation with a mission of supporting the life sciences in the commonwealth; provided further, that a private university or business entity shall not be eligible for funding unless the center determines that such funding will result in a significant public benefit and any private benefit is incidental to a legitimate public purpose; and provided further, that grants shall be awarded in a manner that promotes geographic, social, racial and economic equity;
(iii) to make matching grants to colleges, universities, independent research institutions, nonprofit entities, public instrumentalities, companies and other entities in connection with support from the federal government, industry and other grant-funding sources related to the expansion of research and development and to increase and strengthen economic development, employment opportunities and commercial and industrial sectors in the field of life sciences;
(iv) to provide bridge financing to colleges, universities, independent research institutions, nonprofit entities, public instrumentalities, companies and other entities for the receipt of grants as described in clause (iii) awarded or to be awarded by the federal government, industry or other sources;
(v) to provide fellowships, co-ops, high school internships, for which additional consideration shall be given to minority students at schools where at least 80 per cent of the student population is eligible for free or reduced lunch, college internships, for which additional consideration shall be given to minority students enrolled full-time or part-time at a community college, loans and grants;
(vi) to provide workforce training grants to prepare individuals for life sciences careers;
(vii) to provide funding for development, coordination and marketing of higher education programs; and
(viii) to make qualified grants to certified life sciences companies for site remediation, preparation and ancillary infrastructure improvement projects.
(d) Proceeds of the fund may be used by the center to fund life sciences initiatives, including, but not limited to:
(i) international trade initiatives;
(ii) qualified grants and equity investments to further workforce development and education in the life sciences and to promote a diverse life sciences workforce in the commonwealth;
(iii) activities that facilitate the transfer of technology from the commonwealth’s research institutions to the commonwealth’s life science industries for productive use by such industries and to make targeted investments in proof of concept funding for emerging technologies;
(iv) a program to promote the research and development of plant-made pharmaceuticals and industrial products through field trials, in collaboration with the department of agricultural resources;
(v) initiatives to promote the research, development, adoption and productive application of artificial intelligence within the commonwealth’s life science industries;
(vi) initiatives to promote health equity, including programs that help identify and address preventable disproportion and differences in the burden of disease or opportunities to achieve optimal health, experienced by populations that have been disadvantaged by their social or economic status, geographic location or environment;
(vii) initiatives to promote the efficient collection, storage and sharing of biological samples and health information to assist with research and development of new treatments for disease or otherwise improve patient outcomes;
(viii) initiatives to promote biomanufacturing and supply chain resiliency in the life sciences in the commonwealth;
(ix) initiatives to promote diversity and equity in life sciences entrepreneurship; and
(x) a program to make qualified equity investments in early-stage life sciences companies and enterprises seeking to raise seed capital; provided, however, that qualified equity investments shall not exceed $250,000 in any 1 enterprise; and provided further, that the center shall not make such qualified equity investments unless the investment has been approved by a majority vote of the board, the recipient is a life sciences company certified pursuant to section 5 and the center finds, to the extent possible, that a definite benefit to the commonwealth’s economy may reasonably be expected from the qualified investment. In evaluating a request or application for a qualified equity investment, the center shall consider whether:
(A) the proceeds of the equity investment shall only be used to cover the seed capital needs of the enterprise except as hereinafter authorized;
(B) the enterprise has a reasonable chance of success;
(C) the center’s participation is necessary to the success of the enterprise because funding for the enterprise is unavailable in the traditional capital markets or contingent upon matching funds or because funding has been offered on terms that would substantially hinder the success of the enterprise;
(D) the enterprise has reasonable potential to create a substantial amount of primary employment in the commonwealth;
(E) the enterprise’s principals have made or are prepared to make a substantial financial and time commitment to the enterprise; and
(F) a reasonable effort has been made to find a professional investor to invest in the enterprise and such effort was successful.
(e)(1) The center shall not make a qualified investment pursuant to subsection (c) unless:
(i) the investment has been approved by a majority vote of the board;
(ii) the recipient is a certified life sciences company pursuant to section 5 or a project or initiative listed in subsection (d);
(iii) the securities to be purchased shall be qualified securities;
(iv) there shall be a reasonable possibility that the center shall, at a minimum, recoup its initial investment;
(v) binding commitments have been made to the center by the enterprise for adequate reporting of financial data to the center, including, but not limited to, a requirement for an annual or other periodic audit of the books of the enterprise, and for such control on the part of the center as the board shall consider prudent over the management of the enterprise, to protect the investment of the center, including, but not limited to, the board’s right to access financial and other records of the enterprise; and
(vi) the center finds, to the extent possible, that a definite benefit to the commonwealth’s economy may reasonably be expected from the qualified investment; provided, that in evaluating a request or application for funding, the center shall consider the following:
(A) the appropriateness of the project;
(B) whether the project has significant potential to expand employment;
(C) the project’s potential to enhance technological advancements;
(D) the project’s potential to lead to a breakthrough medical treatment for a particular disease or medical condition;
(E) the project’s potential for leveraging additional funding or attracting resources to the commonwealth;
(F) the project’s potential to promote manufacturing in the commonwealth; and
(G) evidence of potential royalty income and contractual means to recapture such income for the purposes of this chapter, as the center considers appropriate;
(vii) to the extent the investment is a capital investment made pursuant to clause (viii) of subsection (c), the investment has been approved by the secretary of administration and finance upon request of the center; provided, however, that said request shall be submitted to the secretary of administration and finance in writing and shall include, but shall not be limited to:
(A) a description of the project or program to be funded;
(B) the economic benefits to the commonwealth which can reasonably be expected from the project or program;
(C) a copy of the proposed contract or other document executing the transaction between the center and the recipient of the funds;
(D) a description of the contractual or other legal remedies available to the center upon non-performance of the contract or other document executing the transaction by the recipient, including, but not limited to, any provisions for restitution or reimbursement of the funds granted, loaned or otherwise invested in or with the recipient; and
(E) any other information as the secretary of administration and finance may determine; and
(viii) the qualified investment conforms with the rules approved by the board.
(2) Rules approved by the board shall set the terms and conditions for investments that shall constitute qualified investments, including, but not limited to, loans, guarantees, loan insurance or reinsurance, equity investments, grants awarded pursuant to clause (iii) of subsection (c), other financing or credit enhancing devices, as established by the center directly or on its own behalf or in conjunction with other public instrumentalities, or private institutions or the federal government. The rules shall provide that qualified investments made pursuant to clauses (i) and (ii) of said subsection (c) shall involve a transaction with the participation of at least 1 at-risk private party; provided, that the rules approved by the board shall establish the terms, procedures, standards and conditions which the center shall employ to identify qualified applications, process applications, make investment determinations, safeguard the fund, advance the objective of increasing employment opportunities, oversee the progress of qualified investments and secure the participation of other public instrumentalities, private institutions or the federal government in qualified investments; and provided further, that the rules shall provide for negotiated intellectual property agreements between the center and a qualified investment recipient which shall include, but shall not be limited to, the terms and conditions by which the fund’s support may be reduced or withdrawn.
(f) The center may solicit investments by private institutions or investors in the activities of the fund and may reach agreements with such private institutions or investors regarding the terms of any such investments, including, but not limited to, the rights of such investors to participate in the income or appropriation of the fund. To further the objective of securing investments by private institutions or investors in the activities of the fund pursuant to the preceding sentence, the center may develop a proposal creating a separate investment entity which shall permit the commingling of the fund’s resources with the maximum participation by such private institutions or investors in a manner consistent with the public purpose of the fund and under the terms and conditions established to protect and preserve the assets of the fund.
(g) Copies of the approved rules, and any modifications, shall be submitted to the clerks of the house of representatives and the senate, who shall forward the same to the house and senate committees on ways and means and the joint committee on economic development and emerging technologies.
(h) Qualified investment transactions made by the center pursuant to this section shall not, except as specified in this chapter, be subject to chapter 175, or any successor thereto, and shall be payable solely from the fund and shall not constitute a debt or pledge of the full faith and credit of the commonwealth, the center or any subdivision of the commonwealth.
(i) The center shall not make expenditures from or a commitment of the assets of the fund, including, but not limited to, the making of qualified investments secured by the fund, if following the making of said qualified investment, the amount of the fund shall be less than the minimum requirement established by the board.
SECTION 51. Subsection (a) of section 7 of said chapter 23I, as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- The center may, in its discretion, transfer funds from the Massachusetts Life Sciences Breakthrough Fund established in section 6 to the Dr. Craig C. Mello Small Business Equity Investment Fund to advance the purposes of this section.
SECTION 52. Subsection (a) of section 8 of said chapter 23I, as so appearing, is hereby amended by adding the following sentence:- The center may, in its discretion, transfer funds from the Massachusetts Life Sciences Breakthrough Fund established in section 6 to the Dr. Judah Folkman Higher Education Grant Fund to advance the purposes of this section.
SECTION 53. Sections 9, 10 and 12 of said chapter 23I are hereby repealed.
SECTION 54. Section 15 of said chapter 23I, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 18, the words “October 1”, and inserting in place thereof the following words:- December 31.
SECTION 55. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Clean energy research” the following 3 definitions:-
“Certified climatetech company”, climatetech company certified pursuant to subsection (b) of section 16.
“Climatetech”, clean energy and other advanced and applied technologies that contribute to the decarbonization of the economy, reduce and mitigate greenhouse gas emissions, or mitigate the impacts of climate change through adaptation, resiliency and environmental sustainability.
“Climatetech company”, a business corporation, partnership, firm, unincorporated association or other entity engaged in research, development, innovation, manufacturing, deployment or commercialization of climatetech technologies in the commonwealth and any affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, 64H or 64I.
“Climatetech research”, clean energy research, advanced and applied research in new climatetech technologies.
SECTION 56. Section 2 of said chapter 23J is hereby amended by striking out, in lines 16, 17, 23, 24, 25 and 26, 30, 36, 39, 54, 55, 88 and 89, 90 and 102, as so appearing, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 57. Said section 2 of said chapter 23J is hereby further amended by striking out, in line 32, as so appearing, the word “clean” and inserting in place thereof the following word:- climatetech.
SECTION 58. Section 3 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 14, 37, 72, 87, 90, 92, 109, 112, 113, 131 to 132, 136, 141, 169, 170 to 171, 171, 177, 179, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 59. Section 5 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 26 and 28, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 60. Section 7 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 2, 3 and 7, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 61. Section 8 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 10, 14, 32 and 34, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 62. Section 9 of said chapter 23J, as so appearing, is hereby amended by inserting after the words “renewable energy”, in lines 24, 26, 28, 29, 31, 32, 36, 41 54, 97, 105 and 134, each time they appear, the following words:- and climatetech.
SECTION 63. Said section 9 of said chapter 23J, as so appearing, is hereby further amended by inserting after the words “clean energy”, in lines 52 and 58, each time they appear, the following words:- and climatetech.
SECTION 64. Subsection (d) of said section 9 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 78 to 86, inclusive, the words “industry; (ii) the use of renewable energy by electricity customers in the commonwealth; (iii) public education and training regarding renewable energy including, but not limited to, promoting programs and investments that lead to pathways toward economic self-sufficiency for low- and moderate-income individuals and communities in the clean energy industry; (iv) product and market development; (v) pilot and demonstration projects and other activities designed to increase the use and affordability of renewable energy” and inserting in place thereof the following words:- and climatetech industry; (ii) the use of renewable energy by electricity customers in the commonwealth; (iii) public education and training regarding renewable energy and climatetech, including, but not limited to, promoting programs and investments that lead to pathways toward economic self-sufficiency for low- and moderate-income individuals and communities in the clean energy and climatetech industry; (iv) product and market development; (v) pilot and demonstration projects and other activities designed to increase the use and affordability of renewable energy and climatetech.
SECTION 65. Said section 9 of said chapter 23J, as so appearing, is hereby further amended by inserting after the word “projects”, in line 123, the following words:- ; provided, that climatetech technologies eligible for assistance shall be consistent with the definition of climatetech as set forth in section 1.
SECTION 66. Section 9A of said chapter 23J, as so appearing, is hereby amended by striking out, in line 84, the word “and”.
SECTION 67. Subsection (b) of said section 9A of said chapter 23J, as so appearing, is hereby amended by striking out clause (12) and inserting in place thereof the following 3 clauses:-
(12) promote jobs, economic and workforce development through capital grants to companies and governmental entities for the purpose of supporting and stimulating research, and development, innovation, manufacturing, commercialization and deployment of offshore wind in the commonwealth;
(13) provide for the necessary and reasonable administrative and personnel costs of the center or of the executive office of energy and environmental affairs related to administering the fund; and
(14) otherwise further the public purposes set forth in this section.
SECTION 68. Section 10 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 3 and 6, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 69. Section 13 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 1, 6, 7, 13, 14 to 15, 17, 18, 20, 23 to 24, 24, 26, 33 to 34, 34, 36 to 37, 42, 44, 49, 56, 64 and 75, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 70. Section 15 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 2 and 71, the words “Clean Energy”, each time they appear, and inserting in place thereof in each instance the following word:- Climatetech.
SECTION 71. Said section 15 of said chapter 23J, as so appearing, is hereby further amended by striking out, in lines 8, 18, 21, 22, 25, 30 to 31, 35 to 36, 38, 40, 42, 44 to 45 and 47, the words “clean energy”, each time they appear, and inserting in place thereof in each instance the following word:- climatetech.
SECTION 72. Said section 15 of said chapter 23J, as so appearing, is hereby further amended by striking out, in line 47, the word “and”.
SECTION 73. Subsection (b) of said section 15 of said chapter 23J, as so appearing, is hereby amended by striking out clause (x) and inserting in place thereof the following 2 clauses:-
(x) promoting jobs, economic and workforce development through capital grants to companies and governmental entities for the purpose of supporting and stimulating research and development, innovation, manufacturing, commercialization and deployment of climatetech technologies in the commonwealth; and
(xi) providing for the necessary and reasonable administrative and personnel costs of the center or of the executive office of energy and environmental affairs related to administering the fund.
SECTION 74. Said chapter 23J is hereby further amended by adding the following section:-
Section 16. (a) There shall be established and placed within the center a climatetech tax incentive program that shall be administered by the center. The purpose of the program shall be to develop and expand climatetech related employment opportunities in the commonwealth and to promote climatetech related economic development in the commonwealth by supporting and stimulating research, development, innovation, manufacturing and deployment in the climatetech sector. A climatetech company certified pursuant to subsection (b) shall be eligible for participation in the program.
(b) The center may, upon a majority vote of the board, certify a climatetech company as eligible upon: (i) the timely receipt, as determined by the center, of a certification proposal supported by independently verifiable information, signed under the pains and penalties of perjury by a person expressly authorized to contract on behalf of the climatetech company and shall include, but shall not be limited to, an estimate of the projected new state revenue the climatetech company expects to generate during the period for which the company seeks certification, together with a plan that shall include, but shall not be limited to: (A) precise goals and objectives, by which the climatetech company proposes to achieve the projected new state revenue; (B) an estimate of the number of permanent full-time employees to be hired or retained; (C) an estimate of the year in which the company expects to hire or retain the employees; (D) an estimate of the projected average salaries of said employees; (E) an estimate of the projected taxable income pursuant to chapter 62 generated by said employees; (F) an estimate of the methods by which the company shall obtain new employees and pursue a diverse workforce; and (G) if applicable, an estimate of the company’s planned capital investment in the commonwealth; and (ii) findings made by the center, based on the certification proposal, documents submitted therewith and any additional investigation by the center that shall be incorporated in its approval, that: (1) the climatetech company is likely to contribute substantially to research, development, innovation, manufacturing, commercialization or deployment of climatetech in the commonwealth; (2) the climatetech company has a substantial likelihood of meeting all statutory requirements and any other criteria that the center may prescribe, including, but not limited to, criteria in the following areas: (A) leveraging additional funding or attracting additional resources to the commonwealth; (B) increasing research, development, innovation, manufacturing, commercialization or deployment of climate technologies within the commonwealth; and (C) creating employment in the commonwealth; and (3) the climatetech company has a substantial likelihood of meeting its state revenue, employment growth and applicable capital investment projections, as specified in the certification proposal, over the period for which it receives benefits.
(c)(1) Certification granted pursuant to subsection (b) shall be valid for 5 years starting with the tax year in which certification is granted. Each certified climatetech company shall file an annual report with the center certifying whether it has met the specific targets established in the proposal pursuant to clause (i) of subsection (b) and, if not, detailing its progress towards those targets.
(2) The certification of a climatetech company may be revoked by the center after an investigation by the center and a determination that the climatetech company is in material noncompliance with its certification proposal; provided, however, that the center shall review said certified climatetech company at least annually. Revocation shall take effect on the first day of the tax year in which the center determines the certified climatetech company to be in material noncompliance. The commissioner of revenue shall, as of the effective date of the revocation, disallow any credits allowed by the original certification of tax benefits under this section. The commissioner of revenue shall issue regulations to establish a process to recapture the value of any credits allowed by the certification under this section. For the purposes of this paragraph, “material noncompliance” shall mean the failure of a certified climatetech company to substantially achieve the new state revenue, job growth and capital investment projections set forth in its certification proposal or any other act, omission or misrepresentation by the certified climatetech company that frustrates the public purpose of the climatetech tax incentive program.
(3) Nothing in this subsection shall limit any legal remedies available to the commonwealth against any certified climatetech company.
(d)(1) The center, in consultation with the department of revenue, may annually authorize incentives, including those established in subsections (ff) and (gg) of section 6 of chapter 62, subsection (j) of section 38M of chapter 63, section 38PP of said chapter 63, section 38QQ of said chapter 63, section 38RR of said chapter 63, the second paragraph of subsection (c) of section 42B of said chapter 63 and subsection (yy) of section 6 of chapter 64H, that shall not exceed $30,000,000 annually. The center, in consultation with the department of revenue, may limit the incentives to a specific dollar amount or time duration or in any other manner deemed appropriate by the department of revenue; provided, however, that the department of revenue shall only allocate the incentives among certified climatetech companies.
(2) The center, in consultation with the department of revenue, shall provide an estimate to the secretary of administration and finance of the tax cost of extending benefits to a proposed project before certification, as approved by the commissioner of revenue, based on reasonable projections of project activities and costs. Tax incentives shall not be available to a certified climatetech company unless expressly granted by the secretary of administration and finance in writing.
SECTION 75. Section 18 of chapter 23N of the General Laws, as most recently amended by section 137 of chapter 7 of the acts of 2023, is hereby further amended by striking out subsections (b) and (c) and inserting in place thereof the following subsections:-
(b) The fund shall be administered by the secretary of economic development. Money in the fund shall be competitively granted pursuant to existing workforce development programs that develop and strengthen workforce opportunities for low-income communities or vulnerable youth and young adults in the commonwealth, including providing opportunities and strategies to promote stable employment and wage growth, or competitively granted to eligible recipients described in subsection (c).
(c) Eligible grant recipients shall provide opportunities that: (i) target at risk youth, including resources to empower youth to succeed in the workforce; (ii) provide job skills trainings, including programs offering trainings in multiple languages and areas for development, including education and hands on skills; (iii) promote adult literacy, including strategies to master reading and writing and providing digital formats to increase accessibility; and (iv) provide English language learning programs to promote access to the workforce; provided, however, that as an alternative, eligible grant recipients may provide opportunities that: (A) provide job skills trainings, including education and hands-on skills for individuals with intellectual, developmental or physical disabilities; or (B) facilitate work permits, professional credentialing or other workforce opportunities for non-citizens permanently residing under color of law or otherwise lawfully present in the commonwealth. The secretary of economic development shall establish criteria to evaluate applications for the grant program; provided, that the criteria shall include, but shall not be limited to, at risk populations; provided further, that preference shall be given to eligible grant recipients providing opportunities for individuals who meet at least 2 of the following: (i) is under 30 years of age; (ii) is a victim of violence; (iii) is over 18 years of age and does not have a high school diploma; (iv) has been convicted of a felony; (v) has been unemployed or has had a family income below 250 per cent of the federal poverty level for not less than 6 months; (vi) lives in a census tract where over 20 per cent of the populations fall below the federal poverty line; (vii) is an immigrant, refugee or person of color; or (viii) is an individual with an intellectual, developmental or physical disability.
SECTION 76. Chapter 29 of the General Laws is hereby amended by striking out section 2AAAA and inserting in place thereof the following section:-
Section 2AAAA. There shall be established and set up on the books of the commonwealth a separate fund to be known as the State Athletic Commission Fund to be administered by the commissioner of occupational licensure. The fund shall consist of any money from licensing fees or other fees and fines collected under sections 32 to 35, inclusive, sections 40, 40A and 42 of chapter 147 and section 12 of chapter 265. Not more than $500,000 in each fiscal year shall be expended, without further appropriation, by the commissioner of occupational licensure for the costs of operating and administering the state athletic commission. Any amount credited to the fund that exceeds $500,000 shall be deposited into the General Fund. For the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division of occupational licensure may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.
SECTION 77. Section 29K of said chapter 29, as appearing in the 2022 Official Edition, is hereby amended by adding the following subsection:-
(h) Notwithstanding any general or special law to the contrary, the board of directors of a state authority may meet independently of management or in executive session to discuss matters pertaining to the audit or compensation committees.
SECTION 78. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(g) Notwithstanding section 39M of chapter 30, or any general or special law to the contrary, a governmental body may, in a single procurement in accordance with section 5, procure: (i) broadband internet service; (ii) the design, installation, maintenance and operation of fiber optic cables and other equipment to provide broadband internet service to a public building or buildings; (iii) the design, installation, maintenance and operation of a wireless communication network for a public building or public land; or (iv) any combination of the foregoing. All such fiber optic cables, wireless network equipment and other physical improvements designed, installed, maintained and operated pursuant to such procurement shall be considered supplies.
SECTION 79. Section 59 of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “and pursuant to regulations issued by the economic assistance coordinating council established under section 3B of chapter 23A,”.
SECTION 80. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out clause (i) and inserting in place thereof the following clause:- (i) includes a description of the parcels to be included in the agreement;.
SECTION 81. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in line 30, the words “within such TIF area”.
SECTION 82. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 32 to 33, the words “as required by said regulations”.
SECTION 83. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out clause (vii).
SECTION 84. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in line 90, the figure “(viii)” and inserting in place thereof the following figure:- (vii).
SECTION 85. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 91 to 92, the words “and the economic assistance coordinating council”.
SECTION 86. Section 6 of chapter 40A of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
A zoning ordinance or by-law shall provide that construction or operations under a building permit shall conform to any subsequent amendment of the ordinance or by-law unless the use or construction is commenced within a period of not more than 12 months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. Construction or operations under a special permit issued pursuant to section 9 or site plan approval pursuant to the local ordinance or by-law shall conform to any subsequent amendment of the zoning ordinance or by-law or of any other local land use regulations unless the use or construction is commenced within a period of 3 years after the issuance of the special permit or site plan approval and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. For the purpose of the prior sentence, construction involving the redevelopment of previously disturbed land shall be deemed to have commenced upon substantial investment in site preparation or infrastructure construction, and construction of developments intended to proceed in phases shall proceed expeditiously, but not continuously, among phases.
SECTION 87. Subsection (a) of section 4G of chapter 40J of the General Laws, as so appearing, is hereby amended by inserting after the word “granted”, in line 21, the following words:- ; provided, however, that the University of Massachusetts may leverage funding sourced from an agency to meet the match requirement.
SECTION 88. Subsection (c) of said section 4G of said chapter 40J, as so appearing, is hereby amended by inserting after the word “blockchain”, in line 61, the following words:- , non-therapeutic biomanufacturing.
SECTION 89. Subsection (c) of section 6B of said chapter 40J, as most recently amended by section 179 of chapter 7 of the acts of 2023, is hereby further amended by striking out the last sentence.
SECTION 90. Section 2 of chapter 43D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Interagency permitting board”.
SECTION 91. Said section 2 of said chapter 43D, as so appearing, is hereby further amended by striking out the definition of “Priority development site” and inserting in place thereof the following 2 definitions:-
“Permit regulatory office”, the office within the executive office of economic development established pursuant to section 3H of chapter 23A.
“Priority development site”, a privately or publicly owned property that is: (i) eligible under applicable zoning provisions, including special permits or other discretionary permits, for the development or redevelopment of a building at least 50,000 square feet of gross floor area in new or existing buildings or structures; and (ii) designated as a priority development site by the permit regulatory office. Several parcels or projects may be included within a single priority development site.
SECTION 92. Said chapter 43D is hereby further amended by striking out section 3 and inserting in place thereof the following section:-
Section 3. (a) A governing body seeking designation of a priority development site shall file a formal proposal with the permit regulatory office. If the proposal includes an intention to develop housing within the priority development site, the governing body shall provide a copy of the proposal to the secretary of housing and livable communities. The proposal shall include: (i) a detailed description of the property; (ii) a good faith commitment to comply with this chapter; (iii) a description of the uses that could be developed within the priority development site; and (iv) such other information as the secretary shall require by regulation or program guidelines, after consultation with the secretary of energy and environmental affairs, the secretary of housing and livable communities and the secretary of transportation.
(b) The secretary shall by regulation or program guidelines establish criteria for designating priority development sites. These criteria shall include a preference for areas that include 1 or more of the following: (i) underutilized buildings or facilities; (ii) adequate utilities for the types of development anticipated to occur; (iii) convenient access to a public transit station; or (iv) areas in which electric grid capacity can satisfy new all electric buildings. Priority development sites shall not include areas containing highly sensitive natural resources or areas in which development would be at significant risk from rising sea levels or other flood risk caused or exacerbated by climate change.
SECTION 93. Section 11 of said chapter 43D, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 2 to 3, the words “unless the permit expressly allows the transfer without the approval of the issuing authority” and inserting in place thereof the following words:- except as provided in a local ordinance or bylaw or in an applicable state law or regulation.
SECTION 94. Said chapter 43D is hereby further amended by striking out section 12 and inserting in place thereof the following section:-
Section 12. A municipality that has a priority development site shall be eligible for priority consideration for: (i) any grant program administered by the executive office of economic development; (ii) other state resources for business development such as quasi-public financing and training programs; (iii) brownfields remediation assistance administered by the Massachusetts Development Finance Agency; and (iv) technical assistance provided by the regional planning council; provided, that the state financial assistance or technical assistance shall be intended to facilitate development within the priority development site; and provided further that priority consideration for such grants and other financial assistance shall apply only to a municipality that is in compliance with the multifamily zoning requirements of section 3A of chapter 40A, if applicable.
SECTION 95. Section 13 of said chapter 43D is hereby repealed.
SECTION 96. Section 6 of chapter 62 of the General Laws is hereby amended by striking out, in line 149, as appearing in the 2022 Official Edition, the words ““EDIP contract” and “proposed project”” and inserting in place thereof the following words:- “EDIP contract”, “proportion of compliance”, “proposed project” and “refundable credit”.
SECTION 97. Said section 6 of said chapter 62 is hereby further amended by striking out, in lines 154 to 157, inclusive, as so appearing, the words “, up to an amount equal to 50 per cent of the liability in a taxable year; provided, however, that the 50 per cent limitation shall not apply where the credit is refundable under paragraph (6)”.
SECTION 98. Said section 6 of said chapter 62 is hereby further amended by striking out, in lines 159 to 163, inclusive, as so appearing, the words “; provided further, that a credit awarded in connection with a certified project that will retain permanent full-time employees in a gateway municipality without creating a net increase in permanent full-time employees shall not exceed $5,000 per retained employee”.
SECTION 99. Paragraph (3) of subsection (g) of said section 6 of said chapter 62, as most recently amended by section 215 of chapter 7 of the acts of 2023, is hereby further amended by striking out the last sentence and inserting in place thereof the following 2 sentences:- The EACC shall provide the commissioner with the documentation that the commissioner deems necessary to confirm compliance with the annual cap and the commissioner shall provide a report confirming compliance to the secretary of administration and finance and the secretary of economic development. Notwithstanding section 21 of chapter 62C, the department of revenue shall provide the EACC with documentation confirming tax credits claimed under this subsection by the owner or lessee of a certified project.
SECTION 100. Paragraph (8) of said subsection (g) of said section 6 of said chapter 62, as appearing in the 2022 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The amount of credits subject to recapture shall be equal to the taxpayer’s proportion of compliance, as determined by the EACC as part of its revocation process and reported to the taxpayer and the department of revenue at the time that certification is revoked.
SECTION 101. Subsection (r) of said section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in line 949, the figure “$30,000,000” and inserting in place thereof the following figure:- $50,000,000.
SECTION 102. Said section 6 of said chapter 62, as most recently amended by chapter 88 of the acts of 2024, is hereby further amended by striking out subsection (t).
SECTION 103. Said section 6 of said chapter 62, as so amended, is hereby further amended by adding the following 5 subsections:-
(ee)(1) As used in this subsection, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Advertising and public relations expenditure”, a cost incurred within the commonwealth by an eligible theater production for goods or services related to the marketing, public relations, creation and placement of print, electronic, television, billboards or other forms of advertising to promote the eligible theater production.
“Eligible theater production”, a live stage musical, dance or theatrical production or tour being presented in a qualified production facility that is either: (i) a pre-Broadway production; (ii) a pre-off Broadway production; or (iii) a national tour launch.
“Eligible theater production certificate”, a certificate issued by the office, in consultation with the commissioner, certifying that a production is an eligible theater production that meets the rules or regulations of the office, and that it has been awarded a tax credit in a specified amount, pursuant to section 3M of chapter 23A.
“National tour launch”, a live stage production that, in its original or adaptive version, is performed in a qualified production facility and opens its national tour in the commonwealth.
“Office”, the Massachusetts office of business development established in section 1 of chapter 23A, or any constituent office thereof.
“Payroll”, all salaries, wages, fees and other compensation from sources within the commonwealth, including, but not limited to, taxes, benefits and any other consideration incurred or paid to talent and non-talent employees of the applicant for services rendered within the commonwealth to and on behalf of an eligible theater production; provided, that the payroll expenditure shall be incurred or paid by the applicant for services related to any portion of an eligible theater production from its pre-production stages, including, but not limited to: (i) the writing of the script; (ii) casting; (iii) hiring of service providers; (iv) purchases from vendors; (v) marketing; (vi) advertising; (vii) public relations; (viii) load in; (ix) rehearsals; (x) performances; (xi) other eligible theater production related activities; and (xii) load out; and provided further, that the payroll expenditure shall be directly attributable to the eligible theater production and shall be limited to the first $100,000 of wages incurred or paid to each employee of an eligible theater production in each tax year.
“Pre-Broadway production”, a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for the city of New York’s Broadway theater district within 24 months after its presentation in the commonwealth.
“Pre-off Broadway production”, a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for the city of New York’s off-Broadway theater district within 24 months after its presentation in the commonwealth.
“Production and performance expenditures”, a contemporaneous exchange of cash or cash equivalent for goods or services related to development, production, performance or operating expenditures incurred in the commonwealth for a qualified theater production, including, but not limited to, expenditures for design, construction and operation, including sets, special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with sound, lighting, staging, advertising and public relations expenditures, facility expenses, rentals, per diems, accommodations and other related costs.
“Qualified production facility”, a facility located in the commonwealth in which live theater productions are, or are intended to be, exclusively presented that contains at least 1 stage, a seating capacity of not less than 175 seats, dressing rooms, storage areas and other ancillary amenities necessary for the eligible theater production.
“Transportation expenditures”, expenses incurred in the commonwealth for the packaging, crating and transportation both to the commonwealth for use in a qualified theater production of sets, costumes or other tangible property constructed or manufactured outside the commonwealth, or from the commonwealth after use in a qualified theater production of sets, costumes or other tangible property constructed or manufactured in the commonwealth and the transportation of the cast and crew to and from the commonwealth; provided, that “transportation expenditures” shall include any portion performed in the commonwealth of the packaging, crating and transporting of property and equipment used for special and visual effects, sound, lighting and staging, costumes, wardrobes, make-up and related accessories and materials and any other performance or production-related property and equipment.
(2) Any taxpayer that has been awarded an eligible theater production certificate and has completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall be allowed a tax credit against taxes imposed by this chapter. The credit shall not exceed $5,000,000 and shall be equal to: (i) 35 per cent of the total in-state payroll costs; (ii) 25 per cent of the production and performance expenditures; and (iii) 25 per cent of transportation expenditures. Additionally, the credit shall not exceed the amount of credit specified in the eligible theater production certificate.
(3) The tax credit shall be allowed against the tax for the taxable period in which the credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward for not more than 5 succeeding tax years.
(4) If a taxpayer has not claimed the tax credits in whole or part, a taxpayer eligible for the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity and such assignee of the tax credits that have not claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the assignee for not more than 5 succeeding tax years from the date an eligible theater production certificate is first issued by the office. The assignor shall perfect the transfer by notifying the commissioner, in writing, within 30 calendar days following the effective date of the transfer and shall provide any information as may be required by the commissioner to administer and carry out this subsection.
(5) The commissioner shall promulgate such rules and regulations necessary for the administration of this subsection.
(ff)(1) As used in this subsection, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Capital investment”, expenses incurred for the site preparation and construction, repair, renovation, improvement or equipping of a building, structure, facility or other improvements to real property, including, but not limited to, site-related utility and transportation infrastructure improvements.
“Center”, the Massachusetts clean energy technology center established in section 2 of chapter 23J.
“Certified climatetech company”, a climatetech company, as defined in section 1 of chapter 23J.
“Climatetech facility”, any building, complex of buildings or structural components of buildings, including access infrastructure, and all machinery and equipment used in the research, manufacturing, assembly, development, provision, or administration of goods or services in the climatetech sector.
“Owner”, a taxpayer subject to tax under this chapter that: (i) holds title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for at least 50 years.
“Tenant”, a taxpayer subject to tax under this chapter that is a lessee in climatetech facility.
(2) An owner or tenant, to the extent authorized by the climatetech tax incentive program established in section 16 of chapter 23J, may be allowed a refundable credit against the taxes imposed under this chapter in an amount up to 50 per cent of the owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded pursuant to this subsection shall be distributed in equal parts over the 5 taxable years that correspond to the period in which the owner or tenant is certified pursuant to said section 16 of said chapter 23J.
(3) An owner shall be eligible for a tax credit authorized under this subsection if the owner demonstrates to the center that: (i) the owner is a certified climatetech company; (ii) the owner’s total capital investment in the climatetech facility equals not less than $5,000,000; and (iii) the climatetech facility shall employ not less than 50 new full-time employees by the fifth year of the owner’s certification period under section 16 of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit.
(4) A tenant shall be eligible for a tax credit authorized pursuant to this subsection if the tenant demonstrates to the center that: (i) the tenant is a certified climatetech company; (ii) the owner has made a total capital investment in the facility that is not less than $5,000,000; (iii) the tenant occupies a leased area of the climatetech facility that represents not less than 25 per cent of the total leasable square footage of the facility; and (iv) the tenant shall employ not less than 13 full-time employees by the fifth year of the tenant’s certification period under section 16 of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit. The amount of tax credits awarded under this subsection to a tenant for a taxable year shall not exceed the tenant’s total lease payments for occupancy of the climatetech facility for the taxable year.
(5) The department of revenue shall issue the refundable portion of the credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (d) of section 16 of chapter 23J.
(6) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection and shall be allowed as a credit against the tax due under this chapter from such owners, partners or members in a manner determined by the commissioner.
(7) The department of revenue shall promulgate such rules and regulations as are necessary to administer the credit established in this subsection.
(gg)(1) A taxpayer, to the extent authorized by the climatetech tax incentive program established in section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts clean energy technology center established in section 2 of said chapter 23J, in consultation with the department of revenue.
(2) A taxpayer taking a credit under this subsection shall commit to the creation of not less than 5 net new permanent full-time employees in the commonwealth.
(3) A credit allowed under this subsection shall reduce the liability of the taxpayer under this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds the taxpayer’s liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized by the climatetech tax incentive program, shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable years.
(4) The department of revenue shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (d) of section 16 of chapter 23J.
(5) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection and shall be allowed as a credit against the tax due under this chapter from such owners, partners or members in a manner determined by the commissioner.
(hh)(1) An employer engaged in business in the commonwealth, which is not a business corporation subject to the excise under chapter 63, may be allowed a credit in each taxable year against the tax liability imposed by this chapter equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the taxable year, whichever is less. If a credit allowed pursuant to this subsection exceeds the tax otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of the taxpayer, be refunded to the taxpayer.
(2) For an employer to be eligible for a credit under this subsection: (i) the intern shall be enrolled in or a recent graduate of a public or private institution of higher education located in the commonwealth; (ii) the intern shall have been employed as a qualified intern by the employer for at least 12 weeks in the taxable year for which the credit is claimed; and (iii) the employer shall demonstrate that the total number of interns employed in the taxable year exceeds the average number of interns employed by the taxpayer per year over the previous 3 years. An intern shall not be qualified if the intern participating in another internship or apprenticeship program for which an employer has claimed a credit in the taxable year under this subsection or chapter 63.
(3) The total cumulative value of the credits authorized pursuant to this subsection and section 38SS of chapter 63 shall not exceed $10,000,000 annually. An employer shall not claim more than $100,000 in credits under this subsection for any taxable year. A credit allowed under this subsection shall not be transferable.
(4) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection and shall be allowed as a credit against the tax due under this chapter of such owners, partners or members, in a manner determined by the commissioner.
(5) The executive office of economic development, in consultation with the commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to this subsection and section 38SS of chapter 63 and shall allocate the credit in accordance with the standards and requirements set forth in regulations promulgated pursuant to this subsection. The secretary of economic development, in consultation with the commissioner, shall promulgate regulations establishing an application process for the credit.
(6) The secretary of economic development shall annually file a report with the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development identifying the following: (i) total amount of tax credits claimed pursuant to this subsection and section 38SS of chapter 63; (ii) the number of participating interns; and (iii) the number of participating employers. In the fourth submission of said annual report, the secretary of economic development shall provide an assessment of the effectiveness of the credit offered under this subsection and section 38SS of chapter 63 in achieving the goal of retaining graduating talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the department of revenue may provide to the secretary of economic development de-identified, statistical tax return information related to the tax filings of former participating interns for the 5 tax years beginning after the conclusion of the internship to evaluate whether former interns are employed and domiciled in the commonwealth after the internship; provided, that such information shall be shared in a manner that prevents the identification of particular tax returns.
(ii)(1) As used in this subsection, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Digital”, a system that uses discrete, or discontinuous, values ordinarily symbolized numerically to represent information for input, processing, transmission and storage. A digital system shall be contrasted with an “analog” system, which uses a continuous range of values to represent information. The term “digital” shall include, but shall not be limited to, information input, processed, transmitted and stored via the Internet.
“Digital interactive media”, products or platforms that: (i) are intended for commercial production, use or distribution; (ii) contain at least 2 of the following types of data: text, sound, fixed images, animated images, video, video effects or 3D geometry; and (iii) are digital, interactive and media. Digital interactive media shall not include: (A) software development designed and developed primarily for internal or operational purposes of the company; (B) largely static Internet sites designed to provide information about a person, business, company or firm; (C) products regulated under the applicable gambling law; or (D) obscene material or performance or a game designed primarily for private, political, industrial, corporate or institutional purposes.
“Digital interactive media production company”, a company, including any subsidiaries, engaged in the business of producing digital interactive media. A digital interactive media production company shall not include any company which is more than 25 per cent owned, affiliated or controlled, by any company or person that is in default on a loan made by the commonwealth or a loan guaranteed by the commonwealth.
“Digital interactive media production expense”, all expenditures that clearly and demonstrably occurred in the commonwealth directly relating to digital interactive media production to be used in the production of the end product under development, including, but not limited to, testing software, source code development, patches, updates, sprites, 3-dimensional models, engine development and other back-end programming activities, performance and motion capture, audio production, tool development, original scoring, and level design; costs associated with photography and sound synchronization, lighting and related services; live operations, information technology support, data analysis and activities related to a community of users; rental of facilities and equipment; purchase of prepackaged audio files, video files, photographic files or libraries; purchase of licenses to use pre-recorded audio files, video or photographic files; development costs associated with producing audio files and video files; provided, that digital interactive media production expenses shall include all professionals whose work is directly related to the digital interactive media, including accountants and lawyers. Digital interactive media production expenses shall not include: (i) expenditures for or related to marketing, promotion and distribution; (ii) administrative, payroll and management services which are not directly related to digital interactive media management or production; (iii) amounts that are later reimbursed by the commonwealth, (iv) costs related to the transfer of tax credits; and (v) amounts that are paid to persons or entities as a result of their participation in profits from the exploitation of the production.
“Interactive”, a digital media system for inputting, processing, transmitting or storing information or data in which users of the system are able to respond to the digital media system by inputting, transmitting, processing or storing information or data in response to the information or data provided to them through the digital media system. Digital media system shall include communications delivered via electronic energy where the information stored, transmitted or received is in digital form.
“Media”, communication tools used to store, transmit, distribute and deliver information and data, including methods and mechanisms for information distribution through distributed networks, such as the Internet, and through physical media including compact disc, CD-ROM, various types of DVD and other removable storage drives and devices.
(2) A taxpayer engaged in the making of digital interactive media shall be allowed a credit against the taxes imposed by this chapter for the employment of persons within the commonwealth in connection with the production of digital interactive media in the commonwealth within any consecutive 12-month period. The credit shall be equal to an amount not more than 25 per cent of the total aggregate payroll paid by a digital interactive media production company that constitutes Massachusetts source income, when total digital interactive media production expenses incurred in the commonwealth equal or exceed $50,000 during the taxable year. For purposes of this subsection, the term “total aggregate payroll” shall not include the salary of any employee whose salary is equal to or greater than $1,000,000.
(3) A taxpayer shall be allowed an additional credit against the taxes imposed by this chapter equal to 25 per cent of all digital interactive media production expenses, not including the payroll expenses used to claim a credit pursuant to paragraph (2), where the production takes place in a gateway municipality.
(4) The tax credit shall be taken against the taxes imposed under this chapter and shall, at the election of the taxpayer, be refundable to the extent provided for in section 3N of chapter 23A. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward by the taxpayer to any of the 5 subsequent taxable years.
(5)(1) All or any portion of tax credits issued in accordance with this subsection may be transferred, sold or assigned to other taxpayers with tax liabilities under this chapter or chapter 63. Any tax credit that is transferred, sold or assigned and taken against taxes imposed by this chapter or said chapter 63 shall not be refundable. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward by the transferee, buyer or assignee to any of the 5 subsequent taxable years from which a certificate is initially issued by the department of revenue.
(2) An owner or transferee desiring to make a transfer, sale or assignment shall submit to the commissioner a statement which describes the amount of tax credit for which the transfer, sale or assignment of tax credit is eligible. The owner or transferee shall provide to the commissioner information as the commissioner may require for the proper allocation of the credit. The commissioner shall provide to the taxpayer a certificate of eligibility to transfer, sell or assign the tax credits. The commissioner shall not issue a certificate to a taxpayer that has an outstanding tax obligation with the commonwealth in connection with any digital interactive media for any prior taxable year. A tax credit shall not be transferred, sold or assigned without a certificate.
(6) The commissioner, in consultation with the Massachusetts office of business development, shall promulgate regulations necessary for the administration of this subsection.
SECTION 104. Subsection (a) of section 31M of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out the definition of “Life sciences” and inserting in place thereof the following definition:-
“Life sciences”, advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications, including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical technology, medical devices, nanotechnology, natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA interference, stem cell research and veterinary science.
SECTION 105. Subsection (j) of section 38M of said chapter 63, as so appearing, is hereby amended by striking out, in lines 120 to 121, the words “and (ii) equipment for the federal National Aeronautics and Space Administration”, and inserting in place thereof the following words:-
(ii) equipment for the federal National Aeronautics and Space Administration; and (iii) medical countermeasures, including, but not limited to: (A) medicines and medical supplies that can be used to diagnose, prevent or treat diseases related to chemical, biological, radiological or nuclear threats; (B) biologic products, vaccines, blood products and antibodies; and (C) antimicrobial or antiviral drugs, diagnostic tests to identify threat agents and personal protective equipment.
SECTION 106. Paragraph (1) of subsection (k) of said section 38M of said chapter 63, as so appearing, is hereby amended by striking out the definition of “Life sciences” and inserting in place thereof the following 3 definitions:-
“Climatetech”, as defined in section 1 of chapter 23J.
“Climatetech company”, as defined in section 1 of chapter 23J.
“Life sciences”, advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications, including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical technology, medical devices, nanotechnology, natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA interference, stem cell research and veterinary science.
SECTION 107. Said paragraph (1) of said subsection (k) of said section 38M of said chapter 63, as so appearing, is hereby further amended by striking out the definition of “Taxpayer” and inserting in place thereof the following definition:-
“Taxpayer”, a person, certified life sciences company or certified climatetech company subject to the taxes imposed by this chapter or chapters 62, 64H or 64I.
SECTION 108. Paragraph (2) of said subsection (k) of said section 38M of said chapter 63, as so appearing, is hereby amended by inserting after the figure “23I”, in line 144, the following words:- or the climatetech tax incentive program established in subsection (d) of section 16 of chapter 23J.
SECTION 109. Section 38N of said chapter 63, as amended by section 229 of chapter 7 of the acts of 2023, is hereby further amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) As used in this section, “Certified project”, “EDIP contract”, “Proportion of compliance” and “Refundable credit” shall have the same meanings as ascribed to them in section 3A of chapter 23A.
SECTION 110. Said section 38N of said chapter 63 is hereby further amended by striking out, in lines 7 to 10, inclusive, as appearing in the 2022 Official Edition, the words “, up to an amount equal to 50 per cent of the liability in a taxable year; provided, however, that the 50 per cent limitation shall not apply where the credit is refundable under subsection (d)”.
SECTION 111. Said section 38N of said chapter 63 is hereby further amended by striking out, in lines 13 to 17, inclusive, as so appearing, the words “; provided, however, that a credit awarded in connection with a certified project that will retain permanent full-time employees in a gateway municipality without creating a net increase in permanent full-time employees shall not exceed $5,000 per retained employee”.
SECTION 112. Said section 38N of said chapter 63 is hereby further amended by striking out, in line 27, as so appearing, the word “or”, the second time it appears, and inserting in place thereof the following word:- of.
SECTION 113. Said section 38N of said chapter 63 is hereby further amended by striking out, in line 29, as so appearing, the word “or”, the second time it appears, and inserting in place thereof the following word:- of.
SECTION 114. The second paragraph of said subsection (c) of said section 38N of said chapter 63, as so appearing, is hereby further amended by adding the following sentence:- Notwithstanding section 21 of chapter 62C, the department of revenue shall provide the EACC with documentation confirming credits claimed under this section by a corporation subject to tax under this chapter that is the controlling business of a certified project or an affiliate of a controlling business.
SECTION 115. Said section 38N of said chapter 63 is hereby further amended by striking out, in line 46, as so appearing, the words “31A or”.
SECTION 116. Subsection (i) of said section 38N of said chapter 63, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The amount of credits subject to recapture shall be equal to the corporation’s proportion of compliance, as determined by the EACC as part of its revocation process and reported to the corporation and the department of revenue at the time certification is revoked.
SECTION 117. Subsection (a) of section 38U of said chapter 63, as so appearing, is hereby amended by striking out the definition of “Life sciences” and inserting in place thereof the following definition:-
“Life sciences”, advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications, including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical technology, medical devices, nanotechnology, natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA interference, stem cell research and veterinary science.
SECTION 118. Said chapter 63 is hereby further amended by inserting after section 38NN the following 6 sections:-
Section 38OO. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Advertising and public relations expenditure”, a cost incurred within the commonwealth by an eligible theater production for goods or services related to the marketing, public relations, creation and placement of print, electronic, television, billboards or other forms of advertising to promote the eligible theater production.
“Eligible theater production”, a live stage musical, dance or theatrical production or tour being presented in a qualified production facility that is either: (a) a pre-Broadway production; (b) a pre-off Broadway production; or (c) a national tour launch.
“Eligible theater production certificate”, a certificate issued by the office, in consultation with the commissioner, certifying that a production is an eligible theater production that meets the rules or regulations of the office, and that it has been awarded a tax credit in a specified amount, pursuant to section 3M of chapter 23A.
“National tour launch”, a live stage production that, in its original or adaptive version, is performed in a qualified production facility and opens its national tour in the commonwealth.
“Office”, the Massachusetts office of business development established in section 1 of chapter 23A, or any constituent office thereof.
“Payroll”, all salaries, wages, fees and other compensation from sources within the commonwealth, including, but not limited to, taxes, benefits and any other consideration incurred or paid to talent and non-talent employees of the applicant for services rendered within the commonwealth to and on behalf of an eligible theater production; provided, that the payroll expenditure shall be incurred or paid by the applicant for services related to any portion of an eligible theater production from its pre-production stages, including, but not limited to: (i) the writing of the script, (ii) casting, (iii) hiring of service providers, (iv) purchases from vendors, (v) marketing, (vi) advertising, (vii) public relations, (viii) load in, (ix) rehearsals, (x) performances, (xi) other eligible theater production related activities, and (xii) load out; and provided further, that the payroll expenditure shall be directly attributable to the eligible theater production and shall be limited to the first $100,000 of wages incurred or paid to each employee of an eligible theater production in each tax year.
“Pre-Broadway production”, a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for the city of New York’s Broadway theater district within 24 months after its presentation in the commonwealth.
“Pre-off Broadway production”, a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for the city of New York’s off-Broadway theater district within 24 months after its presentation in the commonwealth.
“Production and performance expenditures”, a contemporaneous exchange of cash or cash equivalent for goods or services related to development, production, performance or operating expenditures incurred in the commonwealth for a qualified theater production, including, but not limited to, expenditures for design, construction and operation, including sets, special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with sound, lighting, staging, advertising and public relations expenditures, facility expenses, rentals, per diems, accommodations and other related costs.
“Qualified production facility”, a facility located in the commonwealth in which live theater productions are, or are intended to be, exclusively presented that contains at least 1 stage, a seating capacity of not less than 175 seats, dressing rooms, storage areas and other ancillary amenities necessary for the eligible theater production.
“Transportation expenditures”, expenses incurred in the commonwealth for the packaging, crating and transportation both to the commonwealth for use in a qualified theater production of sets, costumes or other tangible property constructed or manufactured outside the commonwealth, or from the commonwealth after use in a qualified theater production of sets, costumes or other tangible property constructed or manufactured in the commonwealth and the transportation of the cast and crew to and from the commonwealth; provided, that “transportation expenditures” shall include any portion performed in the commonwealth of the packaging, crating and transporting of property and equipment used for special and visual effects, sound, lighting and staging, costumes, wardrobes, make-up and related accessories and materials and any other performance or production-related property and equipment.
(b) Any taxpayer that has been awarded an eligible theater production certificate and has completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall be allowed a tax credit against taxes imposed by this chapter. The credit shall not exceed $5,000,000 and shall be equal to: (i) 35 per cent of the total in-state payroll costs; (ii) 25 per cent of the production and performance expenditures; and (iii) 25 per cent of transportation expenditures. Additionally, the credit shall not exceed the amount of credit specified in the eligible theater production certificate.
(c) The tax credit shall be allowed against the tax for the taxable period in which the credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward for not more than 5 succeeding tax years.
(d) If a taxpayer has not claimed the tax credits in whole or part, a taxpayer eligible for the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity and such assignee of the tax credits that have not claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the assignee for not more than 5 succeeding tax years from the date an eligible theater production certificate is first issued by the office. The assignor shall perfect the transfer by notifying the commissioner, in writing, within 30 calendar days following the effective date of the transfer and shall provide any information as may be required by the commissioner to administer and carry out this section.
(e) Credits allowed to corporations that are included in a combined group within the meaning of section 32B may be shared with other corporations within such group that are also doing business in the commonwealth, to the extent those corporations are engaged in a unitary business.
(f) Credits allowed to a company that is an S corporation, as defined in section 1361 of the Code, partnership or a limited liability company that is taxed as a partnership shall be passed through respectively to persons designated as partners, members or owners of such companies on a pro rata basis or pursuant to an executed agreement among such persons designated as S corporation shareholders, partners or members documenting an alternate distribution method without regard to their sharing of other tax or economic attributes of such entity.
(g) The commissioner shall promulgate such rules and regulations necessary for the administration of this section.
Section 38PP. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Capital investment”, expenses incurred for the site preparation and construction, repair, renovation, improvement or equipping of a building, structure, facility or other improvements to real property, including, but not limited to, site-related utility and transportation infrastructure improvements.
“Center”, the Massachusetts clean energy technology center established in section 2 of chapter 23J.
“Certified climatetech company”, a climatetech company, as defined in section 1 of chapter 23J.
“Climatetech facility”, any building, complex of buildings or structural components of buildings, including access infrastructure, and all machinery and equipment used in the research, manufacturing, assembly, development, provision, or administration of goods or services in the climatetech sector.
“Owner”, a taxpayer subject to tax under this chapter that: (i) is a corporation that holds title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for at least 50 years.
“Tenant”, a taxpayer subject to tax under this chapter that is a lessee in climatetech facility.
(b) An owner or tenant, to the extent authorized by the climatetech tax incentive program established in section 16 of chapter 23J, may be allowed a refundable credit against the taxes imposed under this chapter, in an amount up to 50 per cent of the owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond to the period in which the owner or tenant is certified pursuant to said section 16 of said chapter 23J.
(c) An owner shall be eligible for a tax credit authorized under this section if the owner demonstrates to the center that: (i) the owner is a certified climatetech company; (ii) the owner’s total capital investment in the climatetech facility equals not less than $5,000,000; and (iii) the climatetech facility shall employ not less than 50 new full-time employees by the fifth year of the owner’s certification period under section 16 of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit.
(d) A tenant shall be eligible for a tax credit authorized pursuant to this section if the tenant demonstrates to the center that: (i) the tenant is a certified climatetech company; (ii) the owner has made a total capital investment in the facility that is not less than $5,000,000; (iii) the tenant occupies a leased area of the climatetech facility that represents not less than 25 per cent of the total leasable square footage of the facility; and (iv) the tenant shall employ not less than 13 full-time employees by the fifth year of the tenant’s certification period under section 16 of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit. The amount of tax credits awarded under this section to a tenant for a taxable year shall not exceed the tenant's total lease payments for occupancy of the climatetech facility for the taxable year.
(e) The department of revenue shall issue the refundable portion of the credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (d) of section 16 of chapter 23J.
(f) The department of revenue shall promulgate such rules and regulations as are necessary to administer the credit established in this section.
Section 38QQ. (a) For the purposes of this section, unless the context clearly requires otherwise, the terms “qualified research expenses”, “base amount”, “qualified organization base period amount”, “basic research” and any other terms affecting the calculation of the credit shall have the same meanings as under section 41(e)(1)(A) of the Internal Revenue Code as amended and in effect on August 12, 1991.
(b)(1) A taxpayer may, to the extent authorized pursuant to the climatetech tax incentive program established by section 16 of chapter 23J, be allowed a credit against its excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the qualified research expenses for the taxable year, over the base amount, and 15 per cent of the basic research payments determined pursuant to section 41(e)(1)(A) of said Code.
(2) In determining the amount of the credit allowable under this section, the commissioner may aggregate the activities of all corporations that are members of a controlled group of corporations, as defined in section 41(f)(1)(A) of said Code, and may aggregate the activities of all entities, whether or not incorporated, that are under common control, as defined in section 41(f)(1)(B) of said Code.
(c) For a qualified climatetech company, research and development costs, within the meaning of section 41 of the Code, shall include, those qualified research expenditures that are performed both inside and outside of the commonwealth.
(d) For purposes of section 30, the deduction from gross income that may be taken with respect to any expenditures qualifying for a credit under said section 41 of said Code shall be based upon its cost less the credit allowable under this section; provided, however, that section 280C(c) of the Code shall not apply.
(e) The credit allowed hereunder for any taxable year shall not reduce the excise to less than the amount due under subsection (b) of section 32, subsection (b) of section 39, section 67 or under any other general or special law.
(f) The credit allowed under this section shall be limited to 100 per cent of a corporation’s first $25,000 of excise, as determined before the allowance of any credits, plus 75 per cent of the corporation’s excise, as so determined in excess of $25,000. The commissioner of revenue shall promulgate regulations similar to those authorized under section 38(c)(2)(B) of the Code for purposes of apportioning the $25,000 amount among members of a controlled group. Nothing in this section shall alter section 32C, as it affects other credits under this chapter.
(g) If a corporation files a combined return of income under section 32B, a credit generated by an individual member corporation under this section shall first be applied against the excise attributable to that company under sections 32 or 39, subject to the limitations of subsections (d) and (e). A member corporation with an excess research and development credit may apply its excess credit against the excise of another group member if such other member corporation may use additional credits under the limitations of subsections (e) and (f). Unused, unexpired credits generated by a member corporation shall be carried over from year to year by the individual corporation that generated the credit and shall not be refundable. Nothing in this section shall alter subsection (h) of section 31A.
(h) A corporation entitled to a credit under this section for any taxable year may carry over and apply to its excise for any of the next succeeding 15 taxable years that portion, as reduced from year to year, of its credit which exceeds its excise for the taxable year. A corporation may carry over and apply to its excise for any subsequent taxable year that portion, as reduced from year to year, of those credits which were not allowed by subsection (g).
(i) The commissioner of revenue shall promulgate regulations necessary to carry out this section.
Section 38RR. (a) A taxpayer, to the extent authorized by the climatetech tax incentive program established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts clean energy technology center established in section 2 of said chapter 23J, in consultation with the department of revenue.
(b) A taxpayer taking a credit under this section shall commit to the creation of not less than 5 net new permanent full-time employees in the commonwealth.
(c) A credit allowed under this section shall reduce the liability of the taxpayer under this chapter for the taxable year. If a credit claimed under this section by a taxpayer exceeds the taxpayer’s liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized by the climatetech tax incentive program, shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable years.
(d) The department of revenue shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (d) of section 16 of chapter 23J.
Section 38SS. (a) A business corporation engaged in business in the commonwealth may be allowed a credit each taxable year against the liability imposed by this chapter in an amount equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the taxable year, whichever is less. If a credit allowed pursuant to this section exceeds the tax otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of the taxpayer, be refunded to the taxpayer.
(b) For an employer to be eligible for a credit under this section: (i) the intern shall be enrolled in or a recent graduate of a public or private institution of higher education located in the commonwealth; (ii) the intern shall have been employed as a qualified intern by the employer for at least 12 weeks in the taxable year for which the credit is claimed; and (iii) the employer shall demonstrate that the total number of interns employed in the taxable year exceeds the average number of interns employed by the taxpayer per year over the previous 3 years. An intern shall not be qualified if the intern is participating in another internship or apprenticeship program for which an employer has claimed a credit in the taxable year under this chapter or subsection (hh) of section 6 of chapter 62.
(c) The total cumulative value of the credits authorized pursuant to this section and subsection (hh) of section 6 of chapter 62 shall not exceed $10,000,000 annually. An employer shall not claim more than $100,000 in credits under this section for any taxable year. A credit allowed under this section shall not be transferable.
(d) The executive office of economic development, in consultation with the commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to this section and subsection (hh) of section 6 chapter 62 and shall allocate the credit in accordance with the standards and requirements set forth in regulations promulgated pursuant to this section. The secretary of economic development, in consultation with the commissioner, shall promulgate regulations establishing an application process for the credit.
(e) The secretary of economic development shall annually file a report with the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development identifying the following: (i) total amount of tax credits claimed pursuant to this section and subsection (hh) of section 6 of chapter 62; (ii) the number of participating interns; and (iii) the number of participating employers. In the fourth submission of said annual report, the secretary of economic development shall provide an assessment of the effectiveness of the credit offered under this section and subsection (hh) of section 6 of chapter 62 in achieving the goal of retaining graduating talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the department of revenue may provide to the secretary of economic development de-identified, statistical tax return information related to the tax filings of former participating interns for the 5 tax years beginning after the conclusion of the internship to evaluate whether former interns are employed and domiciled in the commonwealth after the internship; provided, that such information shall be shared in a manner that prevents the identification of particular tax returns.
Section 38TT. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Digital”, a system that uses discrete, or discontinuous, values ordinarily symbolized numerically to represent information for input, processing, transmission and storage. A digital system shall be contrasted with an analog system, which uses a continuous range of values to represent information. The term “digital” shall include, but shall not be limited to, information input, processed, transmitted and stored via the Internet.
“Digital interactive media”, products or platforms that: (i) are intended for commercial production, use or distribution; (ii) contain at least 2 of the following types of data: text, sound, fixed images, animated images, video, video effects or 3D geometry; and (iii) are digital, interactive and media. Digital interactive media shall not include: (A) software development designed and developed primarily for internal or operational purposes of the company; (B) largely static Internet sites designed to provide information about a person, business, company or firm; (C) products regulated under the applicable gambling law; or (D) obscene material or performance or a game designed primarily for private, political, industrial, corporate or institutional purposes.
“Digital interactive media production company”, a company, including any subsidiaries, engaged in the business of producing digital interactive media. A digital interactive media production company shall not include any company which is more than 25 per cent owned, affiliated or controlled, by any company or person that is in default on a loan made by the commonwealth or a loan guaranteed by the commonwealth.
“Digital interactive media production expense”, all expenditures that clearly and demonstrably occurred in the commonwealth directly relating to digital interactive media production to be used in the production of the end product under development, including, but not limited to, testing software, source code development, patches, updates, sprites, 3-dimensional models, engine development and other back-end programming activities, performance and motion capture, audio production, tool development, original scoring, and level design; costs associated with photography and sound synchronization, lighting and related services; live operations, information technology support, data analysis and activities related to a community of users; rental of facilities and equipment; purchase of prepackaged audio files, video files, photographic, or libraries; purchase of licenses to use pre-recorded audio files, video, or photographic files; development costs associated with producing audio files and video files; provided, that digital interactive media production expenses shall include all professionals whose work is directly related to the digital interactive media, including accountants and lawyers. Digital interactive media production expenses shall not include: (i) expenditures for or related to marketing, promotion and distribution; (ii) administrative, payroll and management services which are not directly related to digital interactive media management or production; (iii) amounts that are later reimbursed by the commonwealth, (iv) costs related to the transfer of tax credits; and (v) amounts that are paid to persons or entities as a result of their participation in profits from the exploitation of the production.
“Interactive”, a digital media system for inputting, processing, transmitting or storing information or data in which users of the system are able to respond to the digital media system by inputting, transmitting, processing or storing information or data in response to the information or data provided to them through the digital media system. Digital media system shall include communications delivered via electronic energy where the information stored, transmitted or received is in digital form.
“Media”, communication tools used to store, transmit, distribute and deliver information and data, including methods and mechanisms for information distribution through, distributed networks, such as the Internet, and through physical media including compact disc, CD-ROM, various types of DVD and other removable storage drives and devices.
(b) A taxpayer engaged in the making of digital interactive media shall be allowed a credit against the taxes imposed by this chapter for the employment of persons within the commonwealth in connection with the production of digital interactive media in the commonwealth within any consecutive 12-month period. The credit shall be equal to an amount not more than 25 per cent of the total aggregate payroll paid by a digital interactive media production company that constitutes Massachusetts source income, when total digital interactive media production expenses incurred in the commonwealth equal or exceed $50,000 during the taxable year. For purposes of this subsection, the term “total aggregate payroll” shall not include the salary of any employee whose salary is equal to or greater than $1,000,000.
(c) A taxpayer shall be allowed an additional credit against the taxes imposed by this chapter equal to 25 per cent of all digital interactive media production expenses, not including the payroll expenses used to claim a credit pursuant to subsection (b), where the production takes place in a gateway municipality.
(d) The tax credit shall be taken against the taxes imposed under this chapter and shall, at the election of the taxpayer, be refundable to the extent provided for in section 3N of chapter 23A. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward by the taxpayer to any of the 5 subsequent taxable years.
(e)(1) All or any portion of tax credits issued in accordance with this subsection may be transferred, sold or assigned to other taxpayers with tax liabilities under this chapter or chapter 62. Any tax credit that is transferred, sold or assigned and taken against taxes imposed by this chapter or said chapter 62 shall not be refundable. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward by the transferee, buyer or assignee to any of the 5 subsequent taxable years from which a certificate is initially issued by the department of revenue.
(2) An owner or transferee desiring to make a transfer, sale or assignment shall submit to the commissioner a statement which describes the amount of tax credit for which the transfer, sale or assignment of tax credit is eligible. The owner or transferee shall provide to the commissioner information as the commissioner may require for the proper allocation of the credit. The commissioner shall provide to the taxpayer a certificate of eligibility to transfer, sell or assign the tax credits. The commissioner shall not issue a certificate to a taxpayer that has an outstanding tax obligation with the commonwealth in connection with any digital interactive media for any prior taxable year. A tax credit shall not be transferred, sold or assigned without a certificate.
(f) The commissioner, in consultation with the Massachusetts office of business development, shall promulgate regulations necessary for the administration of this section.
SECTION 119. Section 42B of said chapter 63, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 50 and 51, the words “, a certified life sciences” and inserting in place thereof the following words:- or the climatetech tax incentive program established in section 16 of chapter 23J, a certified.
SECTION 120. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by adding the following 2 subsections:-
(yy)(1) Sales of tangible personal property purchased for a certified climatetech company, to the extent authorized pursuant to the climatetech tax incentive program established in section 16 of chapter 23J, for use in connection with the construction, alteration, remodeling, repair or remediation of research, development or manufacturing or other commercial facilities used for the provisions of goods or services in the climatetech sector and utility support systems. Only purchases made on or after the effective date of this paragraph shall be eligible for this exemption.
(2) As used in this subsection, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Climatetech”, as defined in section 1 of chapter 23J.
“Climatetech company”, as defined in section 1 of chapter 23J.
“Utility support systems”, all areas of utility support systems, including, but not limited to: site, civil, mechanical, electrical and plumbing systems.
(zz)(1) Sales of tangible personal property to a qualifying digital interactive media company, as defined in subsection (ii) of section 6 of chapter 62, or to a digital interactive media, as defined in said subsection (ii), student project at an accredited school, for the production expenses related to a school digital interactive media project.
(2) For the purposes of this paragraph, a qualifying digital interactive media production company shall expend in the aggregate not less than $50,000 within the commonwealth in connection with the production in the commonwealth within any consecutive 12-month period and have the approval of the secretary of economic development and the commissioner.
(3) Any digital interactive media production company that intends to produce all, or parts of, a digital interactive media production in the commonwealth and qualify for the exemption provided by this subsection shall provide an estimate of total expenditures to be made in the commonwealth in connection with the production digital interactive media and shall designate a member or representative of the digital interactive media production company as a primary liaison with the commissioner for the purpose of facilitating the proper reporting of expenditures and other information as required by the commissioner. The estimate of expenditures shall be filed no sooner than the beginning of the tax year for the qualified digital interactive media production company or within 90 days of the start of digital interactive media production expenses and before the end of digital interactive media production expenses or within 1 year after the end of tax year for the qualified digital interactive media production company claiming the tax credit. Any qualifying digital interactive production company that has been approved, which fails to expend $50,000 within a consecutive 12-month period shall be liable for the sales taxes that would have been paid had the approval not been granted. The sales taxes shall be considered due as of the date that taxable expenditures were made.
(4) The commissioner shall promulgate rules for the implementation of this subsection.
SECTION 121. Chapter 98 of the General Laws is hereby amended by adding the following section:-
Section 59. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Charging session”, an event starting when a customer of an EVSE initiates a purchase of electric vehicle charging services from an EVSE and ends when either the EVSE or the customer ends the continuous transfer of electric vehicle charging services to that customer’s electric vehicle.
“Commercial electric vehicle charging station”, an EVSE, or a group of EVSEs, at a certain location where every EVSE within that group is owned and operated by the same person or entity and which requires users to pay the EVSE owner a fee for electric vehicle charging services.
“Director”, the director of standards in the office of consumer affairs and business regulation.
“Division”, the division of standards in the office of consumer affairs and business regulation.
“Electric vehicle”, a battery electric vehicle that draws propulsion energy solely from an on-board electrical energy storage device during operation that is charged from an external source of electricity or a plug-in hybrid electric vehicle with an on-board electrical energy storage device that can be recharged from an external source of electricity which also has the capability to run on another fuel.
“Electric vehicle charging services”, the transfer of electric energy from an electric vehicle charging station to a battery or other storage device in an electric vehicle and billing services, networking and operation and maintenance.
“Electric vehicle supply equipment” or “EVSE”, a device or system designed and used specifically to transfer electrical energy to an electric vehicle, either as charge transferred through physical or wireless connection, by loading a fully charged battery, or by other means.
“EVSE connector”, a cable and connector combination that carries electrical current from a commercial electric vehicle charging station’s enclosure to the port of an electric vehicle.
“EVSE owner”, any person owning, in whole or in part, a commercial electric vehicle charging station in the commonwealth.
“Network roaming”, the act of a member of 1 electric vehicle charging station billing network using a charging station that is outside of the member’s billing network with the member’s billing network account information.
(b)(1) An EVSE owner shall register, on a form created by the division, a commercial electric vehicle charging station with the division prior to offering electric vehicle charging services to the public. The division shall set the length of the term of the registration by regulation. An applicant for registration shall submit such registration in the manner determined by the division along with the appropriate registration fee established pursuant to subsection (d).
(2) No person shall operate a commercial electric vehicle charging station without first registering the device with the division. An EVSE owner who owns more than 1 commercial electric vehicle charging station in the commonwealth shall separately register each commercial electric vehicle charging station. The registrant shall notify the division within 30 days if the station is sold or ownership is otherwise transferred, if the operator changes or if the station ceases operation.
(c) The registration form may include the commercial electric vehicle charging station’s street address, geographic location, hours of operation, charging level, the number, make and model for each EVSE, the number and type of connectors for each EVSE, hardware compatibility for each EVSE, accepted methods of payment and any other information the division finds necessary.
(d) The division shall establish a fee schedule for registrations, renewals and inspections, including the imposition of late charges when appropriate, by regulation. The division may retain such registration fees and fines it collects to support its operations.
(e) An EVSE owner shall display, on each EVSE clearly visible to a user of that EVSE, the price per kilowatt-hours of the electric vehicle charging services and any other costs a user might encounter when purchasing electric vehicle charging services from the EVSE. The price shown on such display shall display any taxes imposed on the sale of the charging services. No sign, advertising material or other display or product that is placed upon, above or around an EVSE shall directly or indirectly obscure the posted price.
(f) No EVSE owner shall sell electric vehicle charging services at any price other than the price so posted at the time of the sale. Any EVSE owner who sells electric vehicle charging services to a customer from an EVSE shall display on each EVSE, at a location and in a manner clearly visible to a user of that EVSE, the total volume of electricity transferred during each charging session. Any advertisement, statement or display of electric vehicle charging services prices shall display the total price, including any taxes, usage fees and any membership fees required to obtain the price displayed.
(g)(1) The director and the division’s inspectors shall have the power to test, inspect and seal all EVSEs in accordance with standards set forth in the most recent publication of the National Institute of Standards and Technology Handbook 44 as adopted by the National Conference on Weights and Measures. Notwithstanding any other general law or special law to the contrary, said testing, inspection and sealing shall be the sole responsibility of the division. All EVSE connectors and related equipment and systems shall meet all the applicable requirements contained in the most recent publication of the National Institute of Standards and Technology Handbook 44.
(2) All EVSE connectors and related equipment and systems, which the division determines have met the standard contained herein shall be marked in a manner visible to consumers, as determined by the division. The division shall also affix a security seal to said EVSE pursuant to the standards contained in the most recent publication of National Institute of Standards and Technology Handbook 44.
(h) The division may adopt, amend, alter or repeal and shall enforce all such reasonable orders, rules and regulations as may be necessary or suitable for the administration and enforcement of this section and the division may, in such administration and enforcement, at any time cause to be made by its agents or representatives an audit, examination or investigation of the books, records, papers, vouchers, accounts and documents of any EVSE owner, who shall make them available, upon oral or written demand, to the division or any of its duly authorized agents or representatives. Every EVSE owner shall keep such records as may be prescribed by the orders, rules or regulations adopted by the division.
(i) A violation of any provision of this section shall be subject to a penalty of a civil citation of not more than $5,000 pursuant to section 29A. Upon the second violation of this section, the division may, in addition to assessing a civil citation, suspend the right of such registrant to engage in the business of selling electric vehicle charging services for a period not exceeding 3 months and upon the third or subsequent violation, in addition to assessing a civil citation, suspend such right for a period not exceeding 1 year. Any party aggrieved by any action of the division pursuant to this subsection may appeal in accordance with section 29A.
(j) All EVSE connectors and related equipment and systems which cannot be made to conform to the standard described in subsection (g) shall be taken out of service and marked or labelled in a manner by the division until it meets such standard. Whoever removes said mark or label without the consent of the person affixing the same shall be punished by a fine of not more than $5,000 or shall be subject to a civil citation as provided in section 29A.
(k) The owner or operator of a commercial electric vehicle charging station shall provide payment options that allow access to the charging station by the general public. A person shall not be required to pay a subscription fee to use a commercial electrical vehicle charging station or be required to obtain a membership in a club, association or organization as a condition of using the station; provided, however, that owners and operators of a commercial electrical vehicle charging station may have separate price schedules conditioned on a subscription or membership.
(l) The owner or operator of a public electric vehicle charging station or a designee shall disclose on an ongoing basis to the United States Department of Energy National Renewable Energy Laboratory or other publicly available database designated by the division in consultation with the department of energy resources, the station’s geographic location, hours of operation, charging level, hardware compatibility, schedule of fees, accepted methods of payment and the amount of network roaming charges for nonmembers, if any.
SECTION 122. Section 2 of chapter 128 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 78, the word “October” and inserting in place thereof the following word:- December.
SECTION 123. Section 5 of chapter 128A of the General Laws, as so appearing, is hereby amended by inserting after the word “racing”, in line 257, the following words:- or simulcasting under chapter 128C.
SECTION 124. Subsection (5) of section 2 of chapter 128C of the General Laws, as most recently amended by section 6 of chapter 26 of the acts of 2023, is hereby further amended by striking out the first 2 sentences and inserting in place thereof the following 2 sentences:- The running horse racing meeting licensee located in Suffolk county and Worcester county may simulcast at any location in Suffolk county or Worcester county, respectively, approved by the commission: (a) unlimited running horse racing; (b) on any day during the calendar year, unlimited harness horse racing, except during live racing performances of the harness horse racing licensee located in Norfolk county; and (c) on any day during the calendar year prior to 5:30 p.m., a total of 4 greyhound racing performances, including the racing performance of the Bristol county greyhound racing licensee, when available within the authorized time, which shall be mandatory, and shall pay a fee of 3 per cent for the racing performances to the Bristol county greyhound racing licensee, and 3 interstate greyhound dog racing simulcasts. The Suffolk county and Worcester county horse racing licensee shall simulcast the racing cards of the harness horse racing licensee located in Norfolk county and shall pay a fee of 11 per cent for the intrastate racing cards, and shall pay a 2 per cent premium with respect to any interstate harness horse simulcasts received, over and above the costs of obtaining such simulcasts, except during any 12 weeks per year chosen by the Suffolk county or Worcester county licensee and identified in its annual application for a racing meeting license, during which no premium need be paid.
SECTION 125. Section 19A of chapter 138 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 3, the words “19C or 19D” and inserting in place thereof the following words:- 19C, 19D or 19E.
SECTION 126. Chapter 140 of the General Laws is hereby amended by striking out section 182A and inserting in place thereof the following section:-
Section 182A. (a) Every ticket of admission or other evidence of right of entry to any theatrical exhibition, public show or public amusement or exhibition required to be licensed by sections 181 and 182, for admission to which a price is charged, shall bear on its face the price charged for such ticket or other evidence of right of entry by the person issuing the same or causing the same to be issued. Whoever issues or causes to be issued such a ticket or other evidence of right of entry in violation of this section shall be punished by a fine of not more than $500.
(b)(1) No person, firm, corporation or other entity shall employ a paperless ticketing system unless the consumer is given an option at the time of initial sale to purchase the same paperless tickets in transferable form that the consumer can transfer at any price, and at any time, and without additional fees.
(2) The established price for any given ticket shall be the same regardless of the form or transferability of such ticket.
(3) The ability for a ticket to be transferred shall not constitute a special service for the purpose of imposing a service charge subject to section 185D. It shall be unlawful to penalize, discriminate against or deny access to a ticket buyer on the basis that the ticket was transferred or resold, including if the ticket was transferred or resold independent from the initial sale ticketing system.
(4) Nothing in this subsection shall limit or restrict a venue operator or primary ticket issuer from imposing requirements on the ticketing platform and technology used by ticket holders for entry.
(c) Notwithstanding subsection (b), an operator of any such theatrical exhibition, public show or public amusement or exhibition, or such operator’s agent, may offer paperless tickets that do not allow for transferability; provided, that: (i) the transferability restrictions shall be clearly disclosed as a condition of purchase or otherwise obtaining such tickets prior to initial offering or sale and the ticket holder shall agree to the restrictions; or (ii) such tickets shall be included in a membership pass at a discounted price offered by a professional sports organization for seating in venues or stadiums with a fixed capacity of not less than 19,000 seats that guarantees entry to a specified number of events in a specified time period with seat assignments: (A) assigned not more than 4 hours prior to the commencement of the event; and (B) variable from game to game and not intended for season ticket holders. Tickets provided under a membership pass may be restricted from being transferred or resold, including through the operator or operator’s agents, and shall be clearly marked as such prior to initial offering or sale. Such membership pass shall not mean a subscription or season ticket package offered for sale and shall not result in the sale of more than 5 per cent of the maximum amount of all seats that will be made available at a venue for a particular event to be sold under this subsection.
(d) A ticket of admission to a theatrical exhibition, public show or public amusement or exhibition shall be considered a license. Venue operators, or operators’ agents, may maintain and enforce policies and conditions or requirements for ticket purchase with respect to conduct, behavior, public health and safety or age at the venue or event and may establish limits on the quantity of tickets that may be purchased.
(e) The commissioner of the division of occupational licensure may undertake functionality testing, audits and other measures to ensure that a paperless ticketing system used for entry access to theatrical exhibitions, public shows or public amusements or exhibitions meets reasonable standards of reliability for providing entry to persons with verified authentic paperless tickets.
SECTION 127. Said chapter 140 is hereby further amended further by striking out sections 185A to 185D, inclusive, and inserting in place thereof the following 4 sections:-
Section 185A. (a) No person shall engage in the business of reselling or facilitating a mechanism for 2 or more parties to participate in the resale of any ticket of admission to any theatrical exhibition, public show or public amusement or exhibition required to be licensed under sections 181 and 182 or under chapter 128A, whether such business is conducted on or off the premises on which such ticket or other evidence is to be used, without being licensed by the commissioner of occupational licensure; provided, however, that any primary ticket issuer and any operator or manager of a website or other platform to facilitate resale, or resale through a competitive bidding process, solely between third parties and that does not in any other manner engage in reselling of tickets shall be exempt from said licensing requirements.
(b) A license shall be granted only upon a written application setting forth such information as the commissioner of occupational licensure may require. Each license issued under this section shall be in force until the first day of January next after its date, unless sooner revoked. No such license shall be transferred or assigned except upon written permission of the commissioner of occupational licensure. The sale of a ticket or pass, entitling the holder of said ticket or pass to admission to any such theatrical exhibition, public show or public amusement or exhibition upon payment either of nothing or a sum less than that demanded of the public generally, shall be deemed to be a resale pursuant to subsection (a).
Section 185B. (a) The fee for each license granted under section 185A and for each annual renewal thereof shall be determined annually by the secretary of administration and finance under section 3B of chapter 7 for the filing thereof.
(b) If any licensee demonstrates that their business provides a service to facilitate ticket transactions without charging any fees or surcharges above the established face value ticket price, on every transaction, except a reasonable and actual service charge for the delivery of tickets, then the fees for licensing shall be waived.
(c)(1) The applicant for a license shall file with the application a bond in the penal sum of $25,000, which bond shall be approved by the commissioner of occupational licensure. Each such bond shall be conditioned that the obligor: (i) shall not be guilty of any fraud or extortion; (ii) shall not violate directly or indirectly any of the provisions of sections 185A through 185F, inclusive, or any of the provisions of the license provided for in said sections; (iii) shall comply with the provisions of said sections 185A through 185F, inclusive; and (iv) shall pay all damages occasioned to any person by reason of any misstatement, misrepresentation, fraud or deceit or any unlawful act or omission that such obligor or their agents or employees, while acting within the scope of their employment, made, committed or omitted in connection with said sections in the business conducted under such license or caused by any other violation in carrying on the business for which such license is granted. One or more recoveries or payments upon such bond shall not vitiate the same but such bond shall remain in full force and effect; provided, however, that the aggregate amount of all such recoveries or payments shall not exceed the penal sum thereof.
(2) Before the commissioner shall draw upon such bond, the commissioner of occupational licensure shall issue a determination in writing which shall include the basis of such action. The commissioner of occupational licensure shall notify in writing the licensee of any such determination and shall afford the licensee an opportunity to respond within 20 days of the receipt of such determination. In no event may the bond be drawn upon in less than 25 days after the service of a determination to the licensee. Such written notice may be served by delivery thereof personally to the licensee or by certified mail to the last known business address of such licensee. Only upon such determination of the commissioner shall money be withdrawn from the bond.
(3) The commencement of any action against the surety upon any such bond for a sum or sums aggregating or exceeding the amount of such bond shall require a new and additional bond in like amount as the original bond, which shall be filed within 30 days after the demand therefor.
(4) Failure to file such bond within such period shall constitute cause for the revocation of the license theretofore issued to the licensee upon whom such demand shall have been made.
(5) Any suit or action against the surety on any bond required by this section shall be commenced within 1 year after the cause of action shall have accrued.
Section 185C. (a) For the purpose of this section, “ticket purchasing software” shall mean any machine, device, computer program or computer software that, on its own or with human assistance, bypasses security measures or access control systems on a retail ticket purchasing platform, or other controls or measures on a retail ticket purchasing platform that assist in implementing a limit on the number of tickets that can be purchased, to purchase tickets.
(b) The commissioner of occupational licensure, after notice to the licensee and reasonable opportunity to be heard, may revoke a license or may suspend the license for such period as the commissioner may deem proper, upon satisfactory proof that the licensee has violated or permitted a violation of any condition of the license or of any rule or regulation of the commissioner under section 185E. If the license is revoked, the licensee shall be disqualified to receive a license for 1 year after the expiration of the term of the license so revoke.
(c) No person, firm, corporation or other entity shall utilize or sell ticket purchasing software to purchase tickets. Any person, firm, corporation or other entity who knowingly utilizes ticket purchasing software to purchase tickets shall be subject to a civil penalty in an amount not less than $500 per violation and shall forfeit all profits made from the sale of any such unlawfully obtained tickets. Any person, firm, corporation or other entity who is a licensee who is adjudicated guilty of the following acts shall have their license revoked and may be barred from licensure for a period not to exceed 3 years if such licensee: (i) knowingly utilized ticket purchasing software in order to purchase tickets; (ii) knowingly resold or offered to resell a ticket that such licensee knew was obtained using ticket purchasing software; or (iii) intentionally maintained any interest in or maintained any control of the operation of ticket purchasing software to purchase tickets.
(d) Any person, firm, corporation or other entity that has knowledge of the use of ticket purchasing software in violation of this chapter and fails to notify the office of the attorney general within 30 days shall be subject to a civil penalty in the amount of $500 per violation.
Section 185D. (a) For the purpose of this section, “service charges” shall mean costs incurred by a licensee related solely to the procuring and selling of such ticket and not related to the general business operation of the licensee. Service charges shall include, but shall not be limited to, charges for messengers, postage and long-distance telephone calls, extensions of credit and costs attributable thereto.
(b) No licensee under section 185A shall sell tickets or facilitate the sale, resell or facilitate the resale of any ticket to any theatrical exhibition, public show or public amusement or exhibition of any description without a guarantee to each purchaser of such sold or resold tickets that they shall provide a full refund of the amount paid by the purchaser, including, but not limited to all service charges if any of the following occurs: (i) the event for which such ticket has been sold or resold is cancelled; (ii) the ticket received by the purchaser does not grant the purchaser admission to the event described on the ticket; (iii) the ticket was not delivered to the purchaser prior to the occurrence of the event, unless such failure of delivery was due to an act or omission of the purchaser; or (iv) the ticket fails to conform to its description as advertised unless the purchaser has pre-approved a substitution of tickets. Provision of a replacement ticket to the same event that is in a comparable location, where applicable, and at no additional cost to the consumer, shall be considered providing a full refund for the purposes of this section.
(c) A licensee shall disclose in a clear and conspicuous manner the portion of the ticket price stated in dollars that represents a service charge or any other fee or surcharge to the purchaser. Such a disclosure of the total cost and fees shall be displayed in the ticket listing prior to the ticket being selected for purchase. Disclosures of subtotals, fees, charges and any other component of the total price shall not be false or misleading and may not be presented more prominently or in the same or larger size as the total price.
(d) Any person, firm, corporation or other entity who violates this section may be barred from licensure for a period not to exceed 3 years and shall be subject to a civil penalty of not more than $5,000 per violation.
(e) The imposition of a fee, on an annual or per order basis, for customers purchasing tickets other than by immediate payment therefor in cash, which includes a membership fee, office expenses and the cost of processing credit card orders, shall not be deemed a violation of this section.
SECTION 128. Section 185E of said chapter 140, as appearing in the 2022 Official Edition, is hereby amended by inserting after the second sentence, the following sentence:- A licensee shall keep full and accurate sets of records showing: (i) the prices at which all tickets have been bought and sold by such licensee; and (ii) the names and addresses of the person, firm or corporation from whom they were bought.
SECTION 129. Section 4 of chapter 142A of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “two” and inserting in place thereof the following figure:- 5.
SECTION 130. Section 5 of said chapter 142A, as so appearing, is hereby amended by inserting after the word “jurisdiction”, in line 5, the following words:- or an arbitrator pursuant to section 4.
SECTION 131. Said section 5 of said chapter 142A, as so appearing, is hereby further amended by striking out, in lines 9 to 13, inclusive, the words “owner has exhausted all customary and reasonable efforts to collect the judgment but the contractor has filed for bankruptcy, fled the jurisdiction or the owner is otherwise unable to collect such judgment after execution” and inserting in place thereof the following words:- contractor has failed to pay the judgment or award and the director has determined that reasonable efforts to collect have been made.
SECTION 132. Section 7 of said chapter 142A, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
An owner may make a claim to the fund only if the owner has complied with section 3, has obtained a judgment or arbitration award and has filed the claim to the fund not more than 7 years from the date of the contract, the contractor has failed to pay the judgment or award and the director has determined that reasonable efforts to collect have been made.
SECTION 133. Said section 7 of said chapter 142A, as so appearing, is hereby further amended by striking out, in lines 12 and 13, the words “ten thousand dollars” and inserting in place thereof the following figure:- $25,000.
SECTION 134. Said section 7 of said chapter 142A, as so appearing, is hereby further amended by striking out, in lines 15 and 18, the words “seventy-five thousand dollars”, each time they appear, and inserting in place thereof, in each instance, the following figure:- $150,000.
SECTION 135. Section 9 of said chapter 142A, as so appearing, is hereby amended by adding the following subsection:-
(e) Prior to approving any application for registration or renewal conforming to the requirements of this chapter, the director shall refer identifying information regarding an applicant to the department of criminal justice information services, which shall obtain criminal offender record information but shall transmit to the director only information regarding any conviction of the applicant of gross fraud or cheat at common law, as defined in section 76 of chapter 266.
SECTION 136. Section 15 of said chapter 142A is hereby repealed.
SECTION 137. Section 17 of said chapter 142A, as appearing in the 2022 Official Edition, is hereby amended by striking out clause (17) and inserting in place thereof the following 4 clauses:-
(17) engaging in gross fraud or cheat pursuant to section 76 of chapter 266;
(18) having a license, certificate, registration or authority issued by another state or territory of the United States, the District of Columbia or a foreign state or nation with authority to issue such a license, certificate, registration or authority revoked, cancelled, suspended, not renewed or otherwise acted against, or if the holder has been disciplined, if the basis for the action would constitute a basis for disciplinary action in the commonwealth;
(19) failing to repay the fund in full, including the appropriate amount of annual interest, for any amount paid from the fund because of the contractor’s or subcontractor’s conduct; or
(20) violating any other provision of this chapter.
SECTION 138. Said section 17 of said chapter 142A, as so appearing, is hereby further amended by adding the following paragraph:-
For purposes of this section, the conduct of a contractor or subcontractor shall be deemed to include the conduct of their agents, employees, salespersons or subcontractors, whether or not an express relationship exists, if the work or activities is within the scope of the contract and not for additional work beyond the contract undertaken by separate agreement with the owner.
SECTION 139. The first paragraph of section 18 of said chapter 142A, as so appearing, is hereby amended by adding the following sentence:- The director may also enter into a consent agreement with a registrant to impose 1 or more administrative penalties, including, but not limited to, voluntary revocation of the registration.
SECTION 140. Chapter 147 of the General Laws is hereby amended by striking out section 36 and inserting in place thereof the following 3 sections:-
Section 36. At every boxing, kickboxing, mixed martial arts or other unarmed combative sporting event, sparring match or exhibition, there shall be in attendance a referee, duly licensed under this section and sections 35 and 35A. There shall also be in attendance not less than 3 duly-licensed judges, each of whom shall, at the termination of a match or exhibition, vote for the contestant in whose favor the decision should, in their opinion, be rendered or, for a draw if, in their opinion, neither contestant is entitled to a decision in their favor and the decision shall be rendered in favor of the contestant receiving a majority of the votes or, if neither receives a majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a decision, the vote of each judge shall be announced from the ring. The referee shall have full power to stop the match or exhibition whenever they deem it advisable because of the physical condition of a contestant or when 1 contestant is clearly outclassed by their opponent or for other sufficient reason. The commission shall declare forfeited any prize, remuneration or purse or any part thereof belonging to a contestant if, in the judgment of a majority of the commissioners after consultation with the judges and the referee, the contestant was not competing in good faith. The fees of the referee and other licensed officials shall be fixed by the commission and shall be paid by the licensed organization prior to the match or exhibition.
Section 36A. (a) The commission shall set forth rules and regulations for contracts between a manager and an unarmed combatant and contracts between a promoter and an unarmed combatant. An unarmed combatant shall not enter a contract with a manager or a promoter unless the contract is filed with the commission prior to a scheduled contest in an amount of time established by the commission. The commission shall only honor a contract that is executed and notarized on a form provided by the commission unless the contract terms comply with the requirements set forth by the commission.
(b) The commission shall have the authority and discretion to invalidate, enforce, mediate or modify contracts pursuant to subsection (a). The commission may require that each contract include language authorizing the commission to withhold any portion of a promoter’s or manager’s share of a purse in the event of a contractual dispute with a contestant over their entitlement to any portion of a purse.
(c) The commission shall be the sole arbiter of a breach of contract and shall establish rules governing the manner in which contract disputes shall be resolved.
Section 36B. Whoever violates any provision of sections 32 to 51, inclusive, or who conducts themself at any time or place in a manner that is deemed by the commission to discredit any unarmed combative sports, may have their license revoked and be fined, suspended or otherwise disciplined in such manner as the commission may direct.
SECTION 141. Said chapter 147 is hereby further amended by striking out section 39B and inserting in place thereof the following section:-
Section 39B. A person licensed under section 33 to conduct boxing, kickboxing, mixed martial arts or other unarmed combative sports events, sparring matches or exhibitions, except those persons to whom a special license may be granted thereunder without the requirement of a bond or payment of the annual fee, shall take out a policy of accident insurance on each contestant participating in the match or exhibition in an amount determined by the commission, but not less than $10,000, to compensate the contestant for medical and hospital expenses incurred as the result of injuries received in such match or exhibition and a policy in an amount determined by the commission, but not less than $100,000, to be paid to the estate of a deceased contestant in the event of the death of the contestant resulting from participation in the match or exhibition. The premiums on the policies shall be paid by the licensee.
SECTION 142. Subsection (4) of section 25Q of chapter 152 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:-Subsection (1) shall not apply to groups that have been in existence for at least 5 years and have established a premium payment plan acceptable to the commissioner.
SECTION 143. Section 85W of chapter 231 of the General Laws, as so appearing, is hereby amended by inserting after the word “compensation”, in line 2, the following words:- in excess of $500 per year.
SECTION 144. Section 1 of chapter 270 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “, grains of paradise”.
SECTION 145. The ninth paragraph of section 10 of chapter 498 of the acts of 1993, as amended by section 142 of chapter 268 of the acts of 2022, is hereby further amended by striking out the last sentence.
SECTION 146. Said section 10 of chapter 498 of the acts of 1993, as amended, is hereby further amended by adding the following paragraph:-
Notwithstanding the provisions of any general or special law to the contrary and notwithstanding any provision to the contrary in the Devens Reuse Plan or By-laws: (i) there shall be no square foot limit or cap on the amount of commercial or industrial development that may occur within Devens; and (ii) there shall be no limit or cap on the number of residential units that may be developed within Devens. Nothing in the foregoing sentence shall modify other provisions of the By-Laws regulating the development of housing within Devens or requiring the issuance of development permits by the Devens Enterprise Commission for specific projects.
SECTION 147. Chapter 195 of the acts of 2014, as amended by section 207 of chapter 6 of the acts of 2017, is hereby further amended by inserting after section 4 the following section:-
Section 4A. The Boston convention and exhibition center in the city of Boston shall be designated and known as the Thomas Michael Menino Convention and Exhibition Center. The Authority shall erect and maintain suitable markers bearing such designation.
SECTION 148. Within 30 days after the effective date of this act, the secretary of economic development and the secretary of housing of livable communities shall convene a working group that shall include representatives from the towns of Ayer, Harvard and Shirley, the Massachusetts Development Finance Agency and the Devens committee to determine a strategy and plan to provide for increased housing production within Devens, including, but not limited to, the feasibility of allowing not more than 400 multi-family residential units in the Innovation and Technology Center zoning district established by Article V(A)(13) of the Devens Reuse Plan or By-Laws. The secretaries of economic development and housing and livable communities shall report the findings of the working group to the clerks of the house of representatives and the senate and the joint committee on economic development and emerging technologies within 180 days after the effective date of this act.
SECTION 149. (a) There shall be within the executive office of economic development a 5-year surety bond assistance pilot program to encourage the participation of economically and socially disadvantaged businesses in bidding for and securing contracts for capital projects. The program may include, but shall not be limited to:
(i) providing technical assistance to eligible contractors to secure surety bonds; and
(ii) providing financial assistance to guarantee surety bonds required on behalf of the commonwealth or on behalf of any county, city, town, district or other political subdivision of the commonwealth or other public instrumentality for the construction, reconstruction, alteration, remodeling, repair or demolition of public buildings or other public works.
(b) The executive office of economic development shall establish eligibility requirements and other program terms through regulations or program guidelines; provided, however, that such eligibility requirements shall, to the extent possible, prioritize financial assistance provided by the program to promote participation of businesses owned by persons from socially and economically disadvantaged groups for whom access to capital facility projects and state assisted building projects in the commonwealth has been historically limited. The executive office may administer the program through 1 or more contracts with the Massachusetts Development Finance Agency or Massachusetts Growth Capital Corporation.
(c) Not later than December 31 of each year, the executive office of economic development shall submit a report to the clerks of the house of representatives and the senate and the joint committee on economic development and emerging technologies detailing the activities of the program in the previous year, including, but not limited to, an analysis of the provision of technical and financial assistance services and its impact on increasing access and participation in capital projects for historically disadvantaged groups. The report shall be made public on the executive office of economic development’s website.
(d) The secretary of economic development may promulgate regulations or program guidelines as necessary to implement this section.
(e) Implementation of this section shall be subject to the United States Treasury’s approval to use federal funding for the purposes described herein.
SECTION 150. (a) For purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Approval”, except as otherwise provided in subsection (b), any permit, certificate, order, excluding enforcement orders, license, certification, determination, exemption, variance, waiver, building permit or other approval or determination of rights from any municipal, regional or state governmental entity, including any agency, department, commission or other instrumentality thereof, concerning the use or development of real property, and any environmental permit, including certificates, licenses, certifications, determinations, exemptions, variances, waivers, building permits or other approvals or determinations of rights issued or made under chapter 21 of the General Laws, chapter 21A of the General Laws except section 16 of said chapter 21A, chapter 21D of the General Laws, section 3B of chapter 21E of the General Laws, sections 61 to 62L, inclusive, of chapter 30 of the General Laws, chapter 30A of the General Laws, chapter 40 of the General Laws, chapters 40A to 40C, inclusive, of the General Laws, chapter 40R of the General Laws, chapter 40Y of the General Laws, chapter 41 of the General Laws, chapter 43D of the General Laws, section 21 of chapter 81 of the General Laws, chapter 91 of the General Laws, chapter 131 of the General Laws, chapter 131A of the General Laws, chapter 143 of the General Laws, sections 4 and 5 of chapter 249 of the General Laws, chapter 258 of the General Laws or chapter 665 of the acts of 1956 or any local by-law or ordinance.
“Development”, division of a parcel of land into 2 or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of a building or other structure or facility or any grading, soil removal or relocation, excavation or landfill or any use or change in the use of any building or other structure or land or extension of the use of land.
“Tolling period”, the period from January 1, 2023 to January 1, 2025, inclusive.
(b)(1) Notwithstanding any general or special law to the contrary, an approval in effect or existence during the tolling period shall be extended for a period of 2 years in addition to the lawful term of the approval; provided, however, that nothing in this section shall extend or purport to extend: (i) a permit or approval issued by the United States government or an agency or instrumentality thereof or a permit or approval of which the duration of effect or the date or terms of its expiration are specified or determined under a law or regulation of the United States government or an agency or instrumentality thereof; (ii) a permit, license, privilege or approval issued by the division of fisheries and wildlife under chapter 131 of the General Laws; (iii) an approval, determination, exemption, certification, statement of qualification or any other administrative action by the department of energy resources under 225 CMR 20.00, subsection (c) of section 17 of chapter 25A of the General Laws or corresponding regulations under 225 CMR 21.00; (iv) any agreement entered into by the Massachusetts Department of Transportation or the Massachusetts Bay Transportation Authority or any permit, license or approval issued by the department or authority relating to the sale, acquisition or lease or development of real property owned in whole or in part by the department or authority or the sale, acquisition, lease or development of any interest therein related to such real property pursuant to chapter 6C or chapter 161A of the General Laws; or (v) any enforcement order, consent decree or settlement agreement.
(2) Nothing in this section shall affect the ability of a municipal, regional or state governmental entity, including an agency, department, commission or other instrumentality thereof, to revoke or modify a specific permit or approval, or extension of a specific permit or approval, under this section, when that specific permit or approval or the law or regulation under which the permit or approval was issued contains language authorizing the modification or revocation of the permit or approval.
(3) If an approval tolled under this section is based upon the connection to a sanitary sewer system, the extension of the approval shall be contingent upon the availability of sufficient capacity, on the part of the treatment facility, to accommodate the development for whose approval has been extended. If sufficient capacity is not available, then the permit holders whose approvals have been extended shall have priority with regard to the further allocation of gallonage over the permit holders who have not received approval of a hookup prior to the effective date of this section. Priority regarding the distribution of further gallonage to a permit holder who has received the extension of an approval under this section shall be allocated in order of the granting of the original approval of the connection.
(4) If an owner or petitioner sells or otherwise transfers a property or project in order for an approval to receive an extension, all commitments made by the original owner or petitioner under the terms of the permit shall be assigned to and assumed by the new owner or petitioner. If the new owner or petitioner does not meet or abide by such commitments, then the approval shall not be extended under this section.
(5) Nothing in this section shall be construed or implemented in such a way as to modify a requirement of law that is necessary to retain federal delegation to or assumption by the commonwealth of the authority to implement a federal law or program.
(6) Any project covered by approval in effect during the tolling period shall be governed by the applicable provisions of any local ordinance or by-law, if any, in effect at the time of the granting of the approval, unless the owner or petitioner of such project elects to waive the provisions of this section.
SECTION 151. The Massachusetts clean energy technology center, in consultation with the executive office of economic development, shall set benchmarks for the climatetech tax incentive program established in section 16 of chapter 23J of the General Laws, inserted by section 74. After the program has been in effect for 5 years, the center, in consultation with the executive office of economic development, shall conduct an evaluation of the program by comparing climatetech advancements in the commonwealth against the benchmarks. The center shall review progress made towards the goals of developing and expanding climatetech industry-related employment opportunities and climatetech-related economic development by supporting and stimulating research, development, innovation, manufacturing, deployment and commercialization in the climatetech sector. The center shall submit a written report to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on telecommunications, utilities and energy, the joint committee on environment and natural resources and the joint committee on agriculture not later than December 31, 2029.
SECTION 152. The Massachusetts office of business development, in conjunction with the commissioner of revenue, shall report on the impact of the live theater tax credit pursuant to subsection (ee) of section 6 of chapter 62 of the General Laws and section 38OO of chapter 63 of the General Laws and shall submit the report to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on economic development and emerging technologies not later than December 31, 2028. The office and commissioner shall collaborate with the live theater industry to collect the relevant data for the report. The report shall include data to assess the direct and indirect economic impacts of the live theater tax credit on the economy of the commonwealth, including, but not limited to, estimates of theater tickets sales to domestic and international visitors, spending by live theater productions on adjacent businesses, wages paid for setting up and taking down productions and impacts on businesses in proximity to theaters, including, but not limited to, hotels and restaurants.
SECTION 153. Notwithstanding section 39M of chapter 30 of the General Laws, chapter 149 of the General Laws and chapter 149A of the General Laws, a public agency or municipality may require a project labor agreement and require the project labor agreement to be incorporated into the contract specifications; provided, that the public agency or municipality shall make a determination prior to issuing a request for proposals that requiring such project labor agreement is in the best interest of the commonwealth.
SECTION 154. Notwithstanding section 4 of chapter 128C of the General Laws or any other general or special law to the contrary, the running horse racing licensee in Suffolk county that conducted simulcasting as of December 31, 2020 shall not be obligated to make any further payments into the Running Horse Capital Improvements Trust Fund, established pursuant to section 11 of chapter 494 of the acts of 1978.
SECTION 155. (a) Notwithstanding section 17 of chapter 138 of the General Laws or any other law, rule, regulation or provision to the contrary, the licensing board for the city of Boston may grant 1 non-transferable restricted license for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to The Boston Landing Hotel Project located at 178-170 Guest street in the Brighton section of the city of Boston approved by the board of the Boston Redevelopment Authority, and is located within Planned Development Area No. 87, Boston Landing, Guest street and Life street in the Brighton section of the city of Boston.
(b) If a licensee pursuant to subsection (a) terminates or fails to renew the license or if the license is cancelled, revoked or otherwise no longer in use, the license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing board and the licensing board may then grant that license to a new applicant within Planned Development Area No. 87, Boston Landing in the Brighton section of the city of Boston. The licensing board shall not approve the transfer of the license granted pursuant to this section to a location outside of said Planned Development Area No. 87 in the Brighton section of the city of Boston.
SECTION 156. (a) There is hereby established a special commission to study the future of payments and sales transactions by credit card and other forms of payment and the impacts for small businesses in the commonwealth. The commission shall solicit input from the public, businesses and the payments industry on payment trends, the prevalence of cashless transactions and cashless businesses in the commonwealth, credit card fees, mobile payments, buy-now-pay-later financing and other aspects of the payments industry.
(b) The commission shall study and review: (i) the cost to small businesses operating in the commonwealth of conducting sales transactions with consumers using credit cards or other means of payment, including, but not limited to, cash, check or similar means; (ii) the impact of the increasing use of credit cards or other means of payment by consumers on small businesses; and (iii) the impact of section 28A of chapter 140D of the General Laws on small businesses owned and operated in the commonwealth. The commission shall report on the impact on small businesses operating in the commonwealth and provide recommendations on the future use of credit cards and other forms of payment for the long-term success of small businesses in the commonwealth.
(c) The commission shall consist of the following members: the chairs of the joint committee on financial services, who shall serve as co-chairs; 1 member appointed by the attorney general; the secretary of economic development, or a designee; the commissioner of the division of banks, or a designee; 1 member appointed by the Massachusetts Bankers Association; a representative of the Retailers Association of Massachusetts, Inc.; a representative of the Massachusetts Restaurant Association; 1 member appointed by the Massachusetts chapter of the national federation of independent businesses; and 2 members appointed by the governor who shall have experience owning and operating a small business in the commonwealth. The appointees of the governor shall represent diverse geographic areas of the commonwealth.
(d) Not later than July 1, 2025, the commission shall file a report and its recommendations with the clerks of the house of representatives and the senate, the joint committee on financial services and the joint committee on economic development and emerging technologies.
SECTION 157. Notwithstanding any general or special law to the contrary, the unexpended and unencumbered balances of the bond-funded authorizations in the following accounts shall cease to be available for expenditure 180 days after the effective date of this act: 7002-0015, 7002-8005, 7002-8013, 7002-8016, 7002-8017, 7002-8018, 7002-8019, 7002-8020, 7002-8022, 7002-8035, 7002-8037, 7002-8038, 7002-8052, 7002-8060, 7005-8035, 7007-9035, 7002-8010, 7002-8015, 7002-8030, 7002-8045, 7002-8050, 7002-8055 and 7002-8065.
SECTION 158. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out sections 2 to 2B, inclusive, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $1,880,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to Strengthening Massachusetts’ Economic Leadership” and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2059. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
SECTION 159. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 2C, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate $980,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to Strengthening Massachusetts’ Economic Leadership” and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2064. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
SECTION 160. Pursuant to section 121, a commercial electric vehicle charging station operating in the commonwealth as of January 1, 2025 shall be required to register with the division of standards in the office of consumer affairs and business regulation not later than January 1, 2026.
SECTION 161. Sections 3M and 3N of chapter 23A of the General Laws, inserted by section 31, subsections (ee) and (ii) of section 6 of chapter 62 of the General Laws, inserted by section 103, and sections 38OO and 38TT of chapter 63 of the General Laws, inserted by section 118, subsection (zz) of section 6 of chapter 64H of the General Laws, inserted by section 120, shall take effect for taxable years beginning on or after January 1, 2025.
SECTION 162. Subsection (hh) of section 6 of chapter 62 of the General Laws, inserted by section 103, and section 38SS of chapter 63 of the General Laws, inserted by section 118, shall take effect for taxable years beginning on or after January 1 of the first year following a fiscal year which closes with a consolidated net surplus of at least $400,000,000 pursuant to section 5C of chapter 29 of the General Laws. Annually, not later than 30 days after the comptroller certifies the amount of the consolidated net surplus pursuant to said section 5C of said chapter 29, the commissioner of revenue shall certify to the secretary of administration and finance whether said subsection (hh) of said section 6 of said chapter 62, inserted by said section 103, and said section 38SS of said chapter 63, inserted by said section 118, shall take effect pursuant to this section; provided, however, that no such certification by the commissioner of revenue shall be required in any year after said subsection (hh) of said section 6 of said chapter 62, inserted by said section 103, and said section 38SS of said chapter 63, inserted by said section 118, take effect.
SECTION 163. Sections 3M and 3N of chapter 23A of the General Laws, inserted by section 31, subsections (ee) and (ii) of section 6 of chapter 62 of the General Laws, inserted by section 103, and sections 38OO and 38TT of chapter 63 of the General Laws, inserted by section 118, subsection (zz) of section 6 of chapter 64H of the General Laws, inserted by section 120, are hereby repealed; provided, however, that any credits allowed pursuant to this act may be carried forward pursuant to subsections (ee) and (ii) of said section 6 of said chapter 62, inserted by section 103, and said sections 38OO and 38TT of said chapter 63, inserted by section 118, after January 1, 2030.
SECTION 164. Section 163 shall take effect on January 1, 2030.
SECTION 165. Subsection (hh) of section 6 of chapter 62 of the General Laws, inserted by section 103, and section 38SS of chapter 63 of the General Laws, inserted by section 118, are hereby repealed.
SECTION 166. Section 165 shall take effect on January 1 of the sixth tax year following the effective date of subsection (hh) of section 6 of chapter 62 of the General Laws, inserted by section 103, and section 38SS of chapter 63 of the General Laws, inserted by section 118, as determined pursuant to section 162.
SECTION 167. Sections 74, 101, 102; subsections (ff) and (gg) of section 6 of chapter 62 of the General Laws, inserted by section 103; sections 38PP, 38QQ, and 38RR of chapter 63 of the General Laws, inserted by section 118; and subsection (yy) of section 6 of chapter 64H of the General Laws, inserted by section 120, shall apply to tax years beginning on or after January 1, 2024.