SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2869

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

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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

7002-0026 For the Massachusetts Life Sciences Breakthrough Fund established under section 6 of chapter 23I of the General Laws………………………………….... $225,000,000

7002-0083For an employment social enterprise capital grant program to be administered by the executive office of economic development, in consultation with the executive office of labor and workforce development, for the development of eligible facilities for nonprofit employment social enterprises that sell goods and services and enhance economic development; provided, that eligible applicants shall be nonprofit organizations operating employment social enterprises targeting individuals facing significant barriers to employment; provided further, that grants to nonprofits shall support costs associated with the acquisition of real property, the design, construction, repair, rehabilitation or renovation of an eligible facility and soft costs directly related to the development of an eligible facility; provided further, that eligible employment social enterprises shall offer paid employment opportunities to low-income individuals, with priority to socially- and economically-disadvantaged populations who experien`ce complex needs and barriers to employment that require intensive interventions; provided further, that eligible organizations shall provide the following services for targeted individuals as an integrated part of their paid employment in a social enterprise: (i) outreach to targeted populations; (ii) on-the-job training and skill development, including worksite supervision and performance coaching; (iii) comprehensive supportive services for at least 1 year, including, but not limited to, case management, aimed at overcoming barriers to employment; (iv) assistance to obtain external employment; and (v) job retention services, which shall include follow-up with beneficiaries for at least 1 year and employers to support job retention and advancement; provided further, that prioritization for grant awards shall be given to organizations: (a) targeting low-income communities specifically aimed at reducing social and economic inequities; (b) serving high-risk populations that can demonstrate a significant social return on investment; and (c) providing goods and services that can demonstrate a positive community or environmental impact; and provided further, that grants shall be awarded in a manner that promotes geographic, social and economic equity…………………….$10,000,000

7002-1352For a grant program to coastal communities administered by the seaport economic council established in executive order 564; provided, that funds 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; 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; and provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws....…………………………………………………................ $100,000,000

7002-1522 For grants administered by the 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 the 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 the 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 the development of alternative proteins developed with the 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

7002-8039 For the Scientific and Technology Research and Development Matching Grant Fund established in section 4G of chapter 40J of the General Laws; provided, that not less than $30,000,000 shall be expended to the University of Massachusetts at Amherst for the expansion of its department of food science and development of a regional resilient and sustainable food innovation hub; and provided further, that not less than $8,000,000 shall be expended to the University of Massachusetts at Dartmouth for blue economy initiatives, including, but not limited to, blue tech research and the development of new technology created for improving ocean health, promoting the responsible use of the ocean, stimulating economic development and creating jobs in the blue economy…….......................................$133,000,000

7002-8044 For a program to be administered by the Massachusetts Development Finance Agency established in section 2 of chapter 23G of the General Laws 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 funds may be used to facilitate the expansion or replication of successful industrial parks and to support the revitalization of downtown centers; and provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws………………………................ $3,000,000

7002-8046 For the Massachusetts Growth Capital Corporation established in 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 leverage federal or private investment for the purpose of making loans to small businesses; provided, that such grants shall prioritize socially or economically disadvantaged businesses, which may include, but shall not be limited to, minority-owned, women-owned, worker-owned, veteran-owned or immigrant-owned small businesses that have historically faced obstacles to accessing capital………………………………………………………………………................ $35,000,000

7002-8053For the Brownfields Redevelopment Fund established in section 29A of chapter 23G of the General Laws; provided, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A 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, purchase or lease equipment or 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 may include, but shall not be limited to, minority-owned, women-owned, worker-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 to be 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 increase 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 nonprofit entities; provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws; 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 funds made available in this item may be used to make capital investments that support the commemoration of the two hundred and fiftieth 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

7002-8058For 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 said 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, nonprofit entities 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, nonprofit entities and private business entities; provided further, that grant programs funded from this item shall consider the strategic goals and priorities of the 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………………………………............$99,000,000

7002-8061 For the MassWorks infrastructure program established in section 63 of chapter 23A of the General Laws; provided, that, pursuant to subsection (b) of section 3A of chapter 40A of the General Laws, grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in said section 3A of said chapter 40A……………………………………………….…................$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 loan provided to a municipality or other public entity, a community development corporation, nonprofit 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 in this 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 funds shall be awarded on a competitive basis in accordance with guidelines developed by the agency; provided further, that financial assistance in this item shall be awarded, to the extent feasible, in a manner that reflects geographic and demographic diversity and social and economic equity within the commonwealth; provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws; 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 financial assistance awarded during the fiscal year……………………………………..….…................$90,000,000

7002-8063For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws for matching grants that support alternative proteins among private entities, institutions of higher education, nonprofit entities 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

7002-8066For a capital grant program 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 the program may be known as Mass Impact; provided further, that projects shall leverage private, federal, municipal or other sources of financial assistance to be eligible for financial assistance in this item; provided further, that the total amount of state funds awarded, including, but not limited to funds in this item, for an individual project shall not exceed 30 per cent of the total development cost of the project; provided further, that the executive office of economic development shall annually submit a report to the house and senate committees on ways and means that shall include, but shall not be limited to, the: (i) projects awarded financial assistance in this item; (ii) total estimated cost of projects awarded financial assistance in this item; (iii) total amount of state funds awarded to projects, including but not limited to, financial assistance in this item, delineated by funding source; (iv) total amount of funding contributed from other sources, including federal, municipal, private or other sources, to projects awarded financial assistance in this item, delineated by funding source; and (v) estimated economic impact of projects awarded financial assistance in this item; provided further, that upon the completion of a project awarded financial assistance in this item, the executive office shall submit a report to the house and senate committees on ways and means that shall include, but shall not be limited to, the: (i) total cost of the completed project; (ii) total amount of state funds expended on the completed project, delineated by funding source; and (iii) total amount of funding contributed from other sources, including federal, municipal, private or other sources, to the completed project, delineated by funding source; provided further, that not less than 3 years and not more than 4 years following completion of a project awarded financial assistance in this item, the executive office shall submit to the house and senate committees on ways and means a report detailing the estimated economic impact created by the state’s investment in such project; and provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws…....…….……......................................................................$50,000,000

7002-8068For 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 shall not be 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; and (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 issue program guidelines around the administration of the program which may include the administration of the program through a contract with the Massachusetts Development Finance Agency established in section 2 of chapter 23G of the General Laws, or any other appropriate quasi-governmental agency………………………………………............$25,000,000

7002-8070For a capital grant program to be administered by the Massachusetts Technology Park Corporation established in section 3 of 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 technology sectors, which shall include, but not be limited to, life sciences, healthcare and hospitals, financial services, advanced manufacturing, robotics and education; provided further, that grants shall be awarded and administered in a manner consistent with the strategic goals and priorities of the Artificial Intelligence Strategic Task Force established by executive order 629; provided further, that funds may 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; and provided further, that not less than $3,000,000 shall be expended to support the establishment of the commonwealth as a leader in applied artificial intelligence in financial services by establishing a Financial Innovation and Research Center in the city of Worcester to conduct research on applied artificial intelligence and machine learning for the financial services sector, establish literacy and education programs in artificial intelligence for students, employees, employers and the public, support entrepreneurship and build an ecosystem for applied research in artificial intelligence and machine learning in the financial services sector..…………….............. $103,000,000

7002-8072 For a competitive program to be administered by the Massachusetts Technology Park Corporation established in section 3 of 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 nontherapeutic biomanufacturing, which may include alternative proteins; provided, that “alternative proteins” shall mean proteins created from plant-based, ferments or cell-cultured inputs and processes to create foods that share sensory characteristics that are consistent with conventional meat and dairy products; provided further, that the grants shall support the development, demonstration, deployment and commercialization of technology in such key emerging technology sectors; provided further, that funds shall be expended for infrastructure that support training, company incubation and acceleration, technology testing and evaluation and other commercial and economic development needs; and provided further, that not less than $40,000,000 shall be expended for a quantum innovation hub to be located in the Pioneer Valley region of the commonwealth……………………………................$115,000,000

7002-8074 For a competitive program to be administered by the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws to provide grants and 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 nonprofit entities, public or private universities or private business entities…………………………………………………................$25,000,000

7002-8075For a grant program for cities and towns to support the vitality of downtowns and main streets; provided, that grants may be used for technical assistance to develop, sustain or strengthen business districts, town centers, commercial corridors, cultural districts or other walkable mixed-use areas; provided further, that funds may be used for community planning and investment activities that stimulate economic development, expand entrepreneurship and create jobs in the downtown economy sector and to construct, improve, repair, maintain and protect downtown assets; provided further, that the executive office of economic development may establish additional program requirements through regulations or policy guidelines; provided further, that funds shall be awarded on a competitive basis in accordance with such program requirements; and 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 and economic equity……………..$9,500,000

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 cultural facilities; provided, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws…………………………………………………………………………………$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, arts and culture; provided, that eligible purposes of the grants 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; and provided further, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws……………………………$100,000,000

1100-2521 For the Massachusetts Educational Financing Authority established in section 4 of chapter 15C of the General Laws to assist students, their parents, legal guardians and others responsible for paying the costs of the student’s education and assist institutions of higher education in supporting access to affordable higher education opportunities………..$85,000,000

1599-1016For local economic development projects; provided, that not less than $10,000,000 shall be expended for infrastructure and other public improvements to support the redevelopment of the Watertown Square section of the city of Watertown; provided further, that not less than $4,000,000 shall be expended for water system needs in the town of Northfield; provided further, that not less than $4,000,000 shall be expended for a research and education regional simulation lab at the Elaine Marieb College of Nursing at the University of Massachusetts at Amherst; provided further, that not less than $1,000,000 shall be expended for design, engineering, repairs and improvements to the King street bridge in the town of Royalston; provided further, that not less than $1,000,000 shall be expended for capital repairs and improvements to the Academy of Music in the city of Northampton; provided further, that not less than $200,000 shall be expended for capital upgrades and improvements to the Veterans of Foreign Wars Parkway in the West Roxbury section of the city of Boston; provided further, that not less than $200,000 shall be expended for capital upgrades and improvements to the West Roxbury parkway in the West Roxbury section of the city of Boston; provided further, that not less than $200,000 shall be expended for capital upgrades and improvements to the Turtle Pond parkway in the Hyde Park section of the city of Boston; provided further, that not less than $200,000 shall be expended for capital upgrades and improvements to the Enneking parkway in the Hyde Park section of the city of Boston; provided further, that not less than $500,000 shall be expended to Habitat for Humanity Greater Boston, Inc. for infrastructure, renovation and development costs at 104 to108 Walter street, inclusive, in the Roslindale section of the city of Boston; provided further, that not less than $250,000 shall be expended for capital upgrades at the Parkway Community YMCA in the West Roxbury section of the city of Boston; provided further, that not less than $250,000 shall be expended for capital upgrades at the Thomas M. Menino YMCA in the Hyde Park section of the city of Boston; provided further, that not less than $100,000 shall be expended to the town of Norwood for improvements to Morse Hill Veterans park; provided further, that not less than $1,000,000 shall be expended for the Roslindale Gateway Path project located in the Roslindale section of the city of Boston; provided further, that no less than $2,000,000 shall be expended to the city of Boston for the design and renovation of Billings field in the West Roxbury neighborhood of the city of Boston; provided further, that not less than $250,000 shall be expended to the town of Walpole to reopen the East Walpole fire station; provided further, that not less than $2,000,000 shall be expended to the department of conservation and recreation to implement an integrated approach for public access and trails and recreation opportunities to enhance visitor experiences at Havey beach located on the Charles river in the West Roxbury section of the city of Boston; provided further, that not less than $1,000,000 shall be expended for Jacob's Pillow Dance Festival, Inc. in the town of Becket for construction and development costs of a new theater; provided further, that not less than $200,000 shall be expended to the Berkshire Regional Planning Commission for business resiliency and succession planning activities; provided further, that not less than $1,000,000 shall be expended for renovation and improvements at the Berkshire Museum in the city of Pittsfield; provided further, that not less than $250,000 shall be expended to Berkshire Community College for the development and improvement of a workforce training and community education facility; provided further, that not less than $250,000 shall be expended to the Berkshire Historical Society for a feasibility study and acquisition, improvement and renovation costs for a Berkshire history center in the city of Pittsfield; provided further, that not less than $500,000 shall be expended to the town of Walpole to engage the necessary planning consultants to repurpose and redevelop the former Massachusetts Correctional Institution - Cedar Junction in the town of Walpole; provided further, that not less than $250,000 shall be expended to the Hilltown Youth Recovery Theater for a feasibility study, acquisition, improvements and capital costs for outdoor adventure-based educational programming and accessibility upgrades; provided further, that not less than $500,000 shall be expended to the Shaker Ridge Trails collaborative for infrastructure improvements and development of mountain bike trails in the towns of Hancock and Lanesborough; provided further, that that not less than $500,000 shall be expended for well water infrastructure improvements in the town of Clarksburg and the city of North Adams for economic sustainability at the state highway route 2 hairpin turn corridor; provided further, that not less than $1,000,000 shall be expended to construct the gateway district sewer extension in the town of Lenox; provided further, that not less than $1,000,000 shall be expended to the city of Pittsfield for improvements, development and reconstruction of the historic Wahconah park; provided further, that not less than $500,000 shall be expended to the Massachusetts Biotechnology Education Foundation, Inc. for equipment, technology and other educational resources to support and expand the Life Sciences Career Hub and its workforce and apprenticeship programs; provided further, that not less than $2,000,000 shall be expended to the Carroll Center for the Blind, Inc. for the renovation of its residential-based independent living and workforce development training facilities; provided further, that not less than $1,000,000 shall be expended to the city of Gloucester for planning and design of wastewater collection and treatment infrastructure projects; provided further, that not less than $500,000 shall be expended to the city of Newburyport for the installation of lights on State street and other economic development projects; provided further, that not less than $500,000 shall be expended to the town of Ipswich for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Newbury for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Salisbury for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Rowley for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Wenham for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Manchester-By-The-Sea for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Topsfield for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Boxford for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Rockport for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Middleton for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Hamilton for economic development projects; provided further, that not less than $500,000 shall be expended to the town of West Newbury for economic development projects; provided further, that not less than $500,000 shall be expended for the town of Essex for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Georgetown for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Groveland for economic development projects; provided further, that not less than $500,000 shall be expended to the town of North Reading for economic development projects; provided further, that not less than $500,000 shall be expended to the town of North Andover for economic development projects; provided further, that not less than $5,000,000 shall be expended to the USS Constitution Museum to plan, design and fabricate dynamic interactive exhibits to offer a world-class introduction in a new gateway facility; provided further, that not less than $2,000,000 shall be expended for a new fire public safety facility in the city of Everett; provided further, that not less than $2,000,000 shall be expended for the planning, design and construction of public infrastructure projects along the state highway route 99 corridor in the city of Everett; provided further, that not less than $5,000,000 shall be expended for infrastructure improvements in the Arlington section of the city of Methuen including, but not limited to, drainage and sewerage, road pavement, engineering costs and business outreach; provided further, that not less than $1,000,000 shall be expended to the city of Lawrence for the Lawrence gateway project brownfield assessment to support planning and redevelopment for mixed use economic development, affordable housing, structured parking solar energy and energy efficiency; provided further, that not less than $1,000,000 shall be expended for the renovation of the O’Connell South Common in the city of Lawrence including, but not limited to, the completion of asbestos abatement, lead paint remediation and brick renovation and concrete masonry in the Vandekerkove bandstand; provided further, that not less than $1,000,000 shall be expended to the town of Bedford for public infrastructure related to the proposed fire station at 139 Great road in the town of Bedford; provided further, that not less than $200,000 shall be expended to conduct a planning study to identify a secondary water source to support future housing and commercial growth in the town of Rutland; provided further, that not less than $1,000,000 shall be expended for improvements to the downtown area in the city of Gardner; provided further, that not less than $50,000 shall be expended for safety improvements at the intersection of Main street and state highway route 56 in the town of Rutland; provided further, that not less than $1,000,000 shall be expended for water and sewer rehabilitation upgrades in the town of Spencer; provided further, that not less than $500,000 shall be expended for upgrades to the pre-kindergarten and kindergarten school building in the town of Phillipston; provided further, that not less than $1,000,000 shall be expended for PFAS mitigation in the town of Princeton; provided further, that not less than $1,000,000 shall be expended for the establishment of a public safety complex in the town of West Brookfield; provided further, that not less than $250,000 shall be expended for the preparation of the demolition plan and RAM plan at the brownfield site in the town of Holden; provided further, that not less than $1,000,000 shall be expended for capital expenditures in the town of Concord for events related to its two hundred and fiftieth anniversary celebration; provided further, that not less than $1,880,000 shall be expended to the city of Agawam for installing a new roofing system at the department of public works annex facility; provided further, that not less than $1,000,000 shall be expended for capital expenditures in the town of Lexington for events related to its two hundred and fiftieth anniversary celebration; provided further, that not less than $90,000 shall be expended to city of Easthampton to develop the Easthampton Arts Hub; provided further, that not less than $2,700,000 shall be expended for the town of Barnstable for infrastructure improvements and other upgrades at Bismore Park Marina, the Marina at Prince Cove and Barnstable Harbor Marina; provided further, that not less than $2,300,000 shall be expended to the town of Eastham for the implementation and construction of a village center in the North Eastham section of the town of Eastham; provided further, that not less than $100,000 shall be expended to city of Holyoke to support the Transformative Development Initiative fellow program; provided further, that not less than $5,000,000 shall be expended to the town of Provincetown for engineering, permitting and other costs associated with the construction of a visitors’ center for Stellwagen Bank National Marine Sanctuary; provided further, that not less than $100,000 shall be expended to the city of Holyoke for the purchase of new vehicles; provided further, that not less than $1,200,000 shall be expended to the town of Montgomery for culvert replacement on Main road; provided further, that not less than $100,000 shall be expended to the town of Russell for the planning and development of a new playground; provided further, that not less than $1,000,000 shall be expended to the town of Southampton for construction of a new public safety complex; provided further, that not less than $500,000 shall be expended for capital expenditures in the town of Lincoln for events related to its fiftieth anniversary celebration; provided further, that not less than $500,000 shall be expended to the city of Westfield for infrastructure improvements to Turnpike Industrial road; provided further, that not less than $500,000 shall be expended to the city of Westfield for infrastructure improvements to Westfield Industrial Park road; provided further, that not less than $250,000 shall be expended to the city of Westfield for capital investments in equipment at Westfield Technical Academy; provided further, that not less than $500,000 shall be expended to the Westfield-Barnes Regional Airport for costs associated with designing, developing and constructing a new access taxiway to the southwest quadrant; provided further, that not less than $1,980,000 shall be expended to Westfield State University for the development and construction of a new mental health hub to address workforce shortages in behavioral health, nursing and healthcare in western Massachusetts; provided further, that not less than $1,500,000 shall be expended to the city of West Springfield for building redevelopment on Westfield street to promote economic development; provided further, that not less than $200,000 shall be expended to the city of Attleboro for the wayfinding signage program; provided further, that not less than $500,000 shall be expended for the Berkshire Community Land Trust Farmsteads for Farmers River Run Farm redevelopment project in the town of Great Barrington; provided further, that not less than $500,000 shall be expended to the town of Southwick for inland dredging of Lake Congamond; provided further, that not less than $500,000 shall be expended for the acquisition and development of and improvements to a new facility for Elizabeth Freeman Center, Inc. in the city of Pittsfield; provided further, that not less than $500,000 shall be expended for the Adams Memorial school building revitalization project in the town of Adams; provided further, that not less than $1,000,000 shall be expended to Irish Cultural Centre, Inc. for restoration and improvements at the cultural center facility in the town of Canton; provided further, that not less than $1,000,000 shall be expended for the Millicent Library in the town of Fairhaven for heating, ventilation, and air conditioning system upgrades; provided further, that not less than $100,000 shall be expended for infrastructure improvements that support downtown revitalization in the town of Millbury; provided further, that not less than $1,000,000 shall be expended for infrastructure improvements that support transportation to and from business districts in the town of Auburn; provided further, that not less than $600,000 shall be expended to the town of Pepperell for the repointing of masonry and other restorations to the Lawrence Library; provided further, that not less than $600,000 shall be expended to the town of Tyngsborough for the development of the new department of public works headquarters; provided further, not less than $100,000 shall be expended to the Westborough public schools for the purchase of a wheelchair accessible vehicle for the Bridging Over to Right Opportunities program; provided further, that not less than $1,300,000 shall be expended to the town of Dunstable for the water main replacement project on Main street, Hillcrest street and Lowell street; provided further, that not less than $5,000,000 shall be expended to the Boys & Girls Club of Greater Lowell, Inc. for the repair and renovation of its property at Middlesex street in the city of Lowell to allow for the expansion and creation of programs to provide workforce development training, aid in closing the academic achievement gap and for the creation of permanent new jobs in the city of Lowell; provided further, that not less than $500,000 shall be expended to Martha Eliot Health Center for capital improvements; provided further, that not less than $500,000 shall be expended for repairs and improvements to the One Grafton Common building in the town of Grafton; provided further, than not less than $1,500,000 shall be expended for traffic improvements to Hartford avenue in the towns of Bellingham and Medway; provided further, that not less than $500,000 shall be expended to implement new branding and wayfinding in the city known as the town of Franklin; provided further, than not less than $1,000,000 shall be expended for extending the sidewalk between Pound street and Main street in the town of Medfield; provided further, that not less than $1,000,000 shall be expended to The Dimock Center in the Roxbury section of the city of Boston for capital improvements and expansion of community health center services; provided further, that not less than $2,000,000 shall be expended to the city of Chelsea to fund construction at the Latimer Overlook public open space in the waterfront section of the city of Chelsea; provided further, that not less than $250,000 shall be expended for public safety building upgrades in the town of Berlin; provided further, than not less than $400,000 shall be expended for stormwater and water infrastructure improvements in the town of Sherborn; provided further, that not less than $500,000 shall be expended to the town of Northborough for infrastructure improvements for veterans; provided further, that not less than $1,000,000 shall be expended for business district sidewalk upgrades in the town of West Boylston; provided further, that not less than $1,215,500 shall be expended to the city of Quincy for predredging activities including, but not limited to, mobilization, site preparation, removal and reinstallation of floating docks and piles and demobilization in Quincy bay and beach restoration in the Merrymount section of the city of Quincy; provided further, that not less than $1,784,500 shall be expended to the city of Quincy for economic development projects; provided further, that not less than $1,750,000 shall be expended to the town of Abington for economic development projects; provided further, that not less than $1,750,000 shall be expended to the town of Hanover for economic development projects; provided further, that not less than $1,750,000 shall be expended to the town of Holbrook for economic development projects; provided further, that not less than $1,750,000 shall be expended to the town of Rockland for economic development projects; provided further, that not less than $4,000,000 shall be expended for the construction of a new fire station in the town of Boylston; provided further, that not less than $1,000,000 shall be expended for neighborhood revitalization in the city of Worcester; provided further, that not less than $500,000 shall be expended to Mattapan Community Health Center, Inc. for capital improvements; provided further, than not less than $1,500,000 shall be expended for the renovation of Great Plain avenue in the town of Needham; provided further, that not less than $1,000,000 shall be expended for FORGE to sustain and expand a statewide program which promotes manufacturing and innovation, including climate tech, through the support of hardtech startup manufacturing readiness and local supply chains; provided further, that not less than $1,000,000 shall be expended for the Blackstone Valley Chamber of Commerce, Inc. in the village of Whitinsville in the town of Northbridge for regional economic development initiatives; provided further, that not less than $1,000,000 shall be expended to the town of Monson for construction of a salt shed; provided further, that not less than $1,500,000 shall be expended for the Monson Developmental Center in the town of Monson for economic development projects; provided further, that not less than $2,000,000 shall be expended for economic development opportunities on state highway route 146A in the town of Uxbridge; provided further, that not less than $500,000 shall be expended to the Brimfield Antique Show in the town of Brimfield for economic development; provided further, that not less than $2,500,000 shall be expended for water, sewer and road improvements to promote economic development opportunities on state highway route 16 in the towns of Mendon and Hopedale; provided further, that not less than $1,000,000 shall be expended for the revitalization project at the former Berkshire Trail elementary school building in the town of Cummington; provided further, that not less than $5,000,000 shall be expended to Massachusetts Bay Community College for the design and construction of the center for cybersecurity education; provided further, that not less than $2,700,000 shall be expended for the renovation of the train depot in the town of Stoughton; provided further, that not less than $150,000 shall be expended to the town of Bridgewater for infrastructure improvements; provided further, that not less than $1,000,000 shall be expended to the Children's Museum in Easton to support capital improvement projects and infrastructure upgrades; provided further, that not less than $750,000 shall be expended to replace the ramp and seawall at Milton landing in the town of Milton; provided further, that not less than $100,000 shall be expended to the town of Milton to support infrastructure improvements; provided further, that not less than $100,000 shall be expended for sidewalk installation and repairs in the town of West Bridgewater; provided further, that not less than $100,000 shall be expended to the town of West Bridgewater for the construction of a water treatment plant; provided further, that not less than $100,000 shall be expended to the town of West Bridgewater for the maintenance of athletic fields; provided further, that not less than $525,000 shall be expended to the Turner Free Library in the city known as the town of Randolph to improve accessibility pursuant to the Americans with Disabilities Act; provided further, that not less than $575,000 shall be expended to the Jonathan Belcher House in the city known as the town of Randolph for renovations to support accessibility pursuant to the Americans with Disabilities Act; provided further, that not less than $1,000,000 shall be expended for capital upgrades at the Italian Home for Children located in the Jamaica Plain section of the city of Boston; provided further, that not less than $2,000,000 shall be expended to the city of Chelsea to fund the design, permitting and community engagement efforts in creating resilience to coastal flooding and extreme precipitation along a Critical Urban Freight Corridor on Eastern avenue and Marginal street; provided further, that not less than $250,000 shall be expended to Roslindale Village Main Street, Inc., located in the Roslindale section of the city of Boston for planning and development projects related to economic development; provided further, that not less than $250,000 shall be expended to West Roxbury Main Streets, Inc., located in the West Roxbury section of the city of Boston for planning and development projects related to economic development; provided further, that not less than $250,000 shall be expended to Hyde Park Main Streets, Inc., located in the Hyde Park section of the city of Boston for planning and development projects related to economic development; provided further, that not less than $250,000 shall be expended to Centre/South Main Streets, Inc., located in the Jamaica Plain section of the city of Boston for planning and development projects related to economic development; provided further, that not less than $10,000,000 shall be expended for improvements to the intersection of state highway route 2, Taylor road and Piper road in the town of Acton and the state highway route 2 rotary in the town of Concord; provided further, that not less than $3,000,000 shall be expended to the West Newton Cinema Foundation, Inc. for capital repairs and improvements to support its educational, community and cultural programming; provided further, that not less than $10,000,000 shall be expended for the renovation of and capital improvements to the Bristol county superior courthouse in the city of Taunton; provided further, that not less than $2,000,000 shall be expended to GreenRoots, Inc. in the city of Chelsea for capital projects to promote green space access, environmental programming and climate resiliency; provided further, that not less than $10,000,000 shall be expended to the Massachusetts Department of Transportation for corridor and safety improvements along state highway route 3A and adjacent roadways in the city known as the town of Weymouth and the towns of Hingham, Hull, Cohasset, Scituate, Norwell, Marshfield and Duxbury; provided further, that not less than $1,500,000 shall be expended to the city of Haverhill to support local businesses and entrepreneurship including, but not limited to signage; provided further, that not less than $1,500,000 shall be expended to the city of Lawrence to support local businesses and entrepreneurship through means including, but not limited to, signage; provided further, that not less than $150,000 shall be expended to the Cape Cod Chamber of Commerce and the Cape Cod commission to support the deployment of electric vehicle charging stations in the Cape Cod region by analyzing industry and local trends, creating installation and grant guides, conducting outreach and support activities and developing a pilot incentive program to encourage electric vehicle usage; provided further, that not less than $12,000,000 shall be expended to the Marine Biological Laboratory for construction, renovations and infrastructure improvements to support the Imaging Innovation Initiative in Woods Hole in the town of Falmouth; provided further, that not less than $50,000 shall be expended to the town of Chelmsford for beautification improvements to increase economic development and provide an improved neighborhood streetscape in the Vinal square area; provided further, that not less than $100,000 shall be expended to Plymouth Regional Economic Development Foundation, Inc. for capital and equipment upgrades for commercial shared kitchens and food manufacturers to support local economic development; provided further, that not less than $250,000 shall be expended to the town of Plymouth for costs associated with relieving zoning impediments to additional housing and commercial development; provided further, that not less than $50,000 shall be expended to the city of Easthampton for business and building improvements to promote economic development; provided further, that not less than $1,000,000 shall be expended to the Leicester Water Supply District for capital improvements; provided further, that not less than $500,000 shall be expended to the Greater Gardner Chamber of Commerce for economic development projects within the community; provided further, that not less than $500,000 shall be expended to the Wachusett Area Chamber of Commerce, Inc. for  economic development projects within the community; provided further, that not less than $1,000,000 shall be expended to the town of Leicester for the repair and rehabilitation of the former Leicester middle school building to support economic development and the creation of training opportunities; provided further, that not less than $2,000,000 shall be expended for the conversion certain buildings of the Templeton Developmental Center for use by the environmental police; provided further, that not less than $10,000,000 shall be expended to the economic development and industrial corporation of the city of Lynn for infrastructure improvements on the waterfront; provided further, that not less than $250,000 shall be expended to the city of Holyoke for the Holyoke Redevelopment Authority to pursue local economic projects; provided further, that not less than $500,000 shall be expended to the Malden Senior Center for capital improvements; provided further, that not less than $250,000 shall be expended to the city of Malden for a feasibility study for a teen or intergenerational center; provided further, that not less than $1,000,000 shall be expended to the Edgar P. Benjamin Healthcare Center, Inc. to support the development of a state-of-the-art dialysis treatment center; provided further, that not less than $500,000 shall be expended to Justice For Housing, Inc. for capital improvements to and the expansion of Brie's House to  continue to provide safe and stable temporary housing and wraparound stabilization services to formerly incarcerated people; provided further, that not less than $1,000,000 shall be expended for the planning and development of a Cabo Verdean cultural center in the city of Boston; provided further, that not less than $500,000 shall be expended for beach revitalization efforts in the town of Falmouth; provided further, that not less than $150,000 shall be expended for the department of conservation and recreation for an arts and culture installation in section II of Southwest Corridor park at Columbus avenue between Tremont street and Heath street; provided further, that not less than $10,000,000 shall be expended for necessary and urgent sustainability, accessibility and structural improvements to the Tower Building at the Massachusetts College of Art and Design; provided further, that not less than $1,000,000 shall be expended to CommonWealth Kitchen, Inc. for expansion of its nonprofit food business incubator and urban food manufacturing social enterprise in support of the local food economy; provided further, that not less than $1,000,000 shall be expended to Urban League of Eastern Massachusetts, Inc. in the Roxbury section of the city of Boston for capital improvements, equipment procurement and increased workforce development capacity for the clean energy economy; provided further, that not less than $5,000,000 shall be expended to the Reading senior center for the construction of a new facility; provided further, that not less than $100,000 shall be expended to Talented and Gifted Association, Inc. for the purchase of a bus for the Boston Mobile Desegregation Museum; provided further, that not less than $9,000,000 shall be expended to support mixed used development and the creation of affordable housing in the redevelopment project at Suffolk Downs in the cities of Boston and Revere; provided further, that such funds shall not be expended until the obligations in the cooperation agreement to fund on a dollar-for-dollar basis for the East Boston Housing Stabilization Trust Fund are fulfilled; provided further, that not less than $500,000 shall be expended to the Whittier Street Health Center for capital improvements; provided further, that not less than $3,000,000 shall be expended to the town of Foxborough for the feasibility and design of regional sewer infrastructure along the United States highway Route 1 corridor in the town of Foxborough and nearby municipalities in the region; provided further, that not less than $2,000,000 shall be expended to the town of Mansfield for the construction of a council on aging facility; provided further, that not less than $2,000,000 shall be expended for the dredging of the Ten Mile river in the city known as the town of North Attleborough; provided further, that not less than $300,000 shall be expended to Berkshire Black Economic Council for the acquisition, development and improvement of a new facility for economic development in the city of Pittsfield; provided further, that not less than $250,000 shall be expended for renovations and improvements to Memorial Hall in the town of Shelburne; provided further, that not less than $900,000 shall be expended for  a water transportation vessel for the city known as the town of Winthrop for an express route inner harbor ferry; provided further, that not less than $500,000 shall be expended to the town of Cheshire for renovations, improvements and development of the municipal building at the former Cheshire elementary school provided further, that not less than $500,000 shall be expended to New North Citizens Council, Inc. for construction costs associated with the Joshua's house program; provided further, that not less than $1,000,000 shall be expended to Develop Springfield Corporation to support the adaptive reuse of residential and commercial space at the intersection of Main street and State street in the city of Springfield; provided further, that not less than $1,000,000 shall be expended to American International College for necessary capital improvements and repairs to Courniotes Hall to support student enrichment and programming, including public health; provided further, that not less than $1,000,000 shall be expended to the city of Chicopee for a water pollution control pump station and combined sewer overflow facility improvements; provided further, that not less than $250,000 shall be expended to the Massachusetts LGBT Chamber of Commerce, Inc. for economic development projects; provided further, that not less than $8,750,000 shall be expended to the Massachusetts Department of Transportation for the construction of a rail spur connecting Joint Base Cape Cod to the Cape Cod Central Railroad; provided further, that not less than $1,500,000 shall be expended to Hockomock Young Men’s Christian Association, Inc. for the design and construction of a food security hub in the town of Plainville to serve the surrounding communities; provided further, that not less than $300,000 shall be expended to Hebron Food Pantry for costs associated with the relocation of the food pantry to 40 Emory street in the city of Attleboro, including necessary upgrades and renovations; provided further, that not less than $150,000 shall be expended to the Massachusetts Bay Transportation Authority for a Fairmount line beautification and restoration project; provided further, that not less than $1,000,000 shall be expended to the North End Housing Initiative, Inc. in the city of Springfield for the planning and development of public affordable housing at Springfield Pharmacy at the intersection of Main street and Waverly street; provided further, that not less than $500,000 shall be expended to the Salvation Army donation center in the city of Springfield for capital improvements to improve accessibility to affordable durable goods and textiles in the community; provided further, that not less than $2,500,000 shall be expended to the Lowell Community Health Center, Inc. for renovations to support the Family Medicine Residency program; provided further, that not less than $1,000,000 shall be expended to the city of Boston to acquire or renovate space for the establishment of a community health center in the Hyde Park section of the city of Boston to expand neighborhood-based health services; provided further, that not less than $840,000 shall be expended to the Zeiterion Performing Arts Center, Inc. for reopening planning and capital support; provided further, that not less than $1,000,000 shall be expended to the Black Economic Council of Massachusetts, Inc. for planning, renovations, improvements, construction, the modernization of facilities, infrastructure, equipment and other capital needs located in Nubian square in the city of Boston to promote economic development in the community; provided further, that not less than $250,000 shall be expended to the Family Health Center of Worcester, Inc. for the creation of a capital master plan, including workforce housing, for the campus at 26 Queen street in the city of Worcester; provided further, that not less than $1,000,000 shall be expended for the rehabilitation and restoration of the Ionic avenue Boys’ Club building located at 2 Ionic avenue in the city of Worcester to transform the space into a community arts center; provided further, that not less than $500,000 shall be expended to Panlyfe Project 333 to address food insecurity in the Mattapan section of the city of Boston; provided further, that not less than $2,000,000 shall be expended to the city of Worcester Redevelopment Authority for urban revitalization plan implementation; provided further, that not less than $500,000 shall be expended to the city of Beverly for a consultant to provide construction phase services on behalf of the city; provided further, that not less than $1,000,000 shall be expended to the city of Beverly for the Brimbal Avenue Phase II infrastructure project; provided further, that not less than $150,000 shall be expended to We Are Better Together Warren Daniel Hairston Project, Inc in the Roxbury section of the city of Boston to support its mission to heal those affected by violence and incarceration and expand its headquarters; provided further, that not less than $1,000,000 shall be expended to the city of Beverly to reconstruct the roadways including, but not limited to, L.P. Henderson road, Sam Fonzo drive and Cherry Hill drive; provided further, that not less than $3,000,000 shall be expended to the town of East Longmeadow for improvements to the intersection of North Main street, Mapleshade avenue and Westwood avenue; provided further, that not less than $3,500,000 shall be expended to the town of Palmer for the replacement and expansion of a sewer siphon at Thorndike street; provided further, that not less than $230,000 shall be expended to the Wilbraham public library in the town of Wilbraham to replace the chiller and update the main floor; provided further, that not less than $500,000 shall be expended to the University of Massachusetts’ Cold Spring Orchard Research and Education Center for building and facilities improvements in the town of Belchertown; provided further, that not less than $300,000 shall be expended to town of Warren to purchase an old train depot to be used for the design of the town common; provided further, that not less than $300,000 shall be expended to the town of South Hadley for reconstruction of Buttery Brook park; provided further, that not less than $100,000 shall be expended to the town of Hampden for the expansion, design and remediation of the fire station; provided further, that not less than $10,000,000 shall be expended on capital improvements to the state pier facility in the city of New Bedford which may include, but shall not be limited to, a multi-use facility for water dependent cargo, commercial fishing improvements, commercial marine transportation improvements, marine educational facilities and fresh produce and fish market space and for planning, design, engineering and construction costs associated with an extension of the commuter rail line in the city of New Bedford to connect passengers with the ongoing mixed-use development of the state pier to access ferry services, the Schooner Ernestina-Morrissey and other uses related to tourism and public recreation connecting the working waterfront to the arts and cultural center in the downtown area of the city of New Bedford; provided further, that said funds shall be in addition to funds authorized pursuant to item 6720-1350 of chapter 286 of the acts of 2014; provided further, that not less than $1,600,000 shall be expended to the town of Ludlow to help revitalize the East street corridor; provided further, that not less than $2,500,000 shall be expended to the city of Danvers for the implementation of the Lebel Grove property’s conceptual design including, but not limited to, passive recreation, outdoor classrooms and event space; provided further, that not less than $1,000,000 shall be expended to the city of Salem for the redevelopment of the Courthouse Complex project in the city of Salem; provided further, that not less than $1,000,000 shall be expended to the city of Salem for the redevelopment of the old town hall; provided further, that not less than $500,000 shall be expended to the city of Salem for the redevelopment of the Peabody street park and South River harbor walk connected to the El Centro project; provided further, that not less than $250,000 shall be expended to the Avon council on aging for improvements to the Memory Cafe to serve senior citizens experiencing dementia; provided further, that not less than $300,000 shall be expended to the Halifax council on aging for technology, computer lab stations and senior wellness equipment for the audio-video room; provided further, that not less than $500,000 shall be expended for structural improvements and renovations to Stetson Hall in the city known as the town of Randolph; provided further, that not less than $500,000 shall be expended to Wildlands Trust, Inc. for infrastructure that supports water quality, wildlife habitat and community activity at D.W. Field park in the city of Brockton; provided further, that not less than $250,000 shall be expended for Downtown Brockton Association, Inc. to establish a business improvement district and implement programs in the downtown area of the city of Brockton; provided further, that not less than $2,000,000 shall be expended for the acquisition and design of sidewalks located on state highway route 58 and state highway route 14 in the town of Whitman; provided further, that not less than $2,000,000 shall be expended for the planning and design of the pedestrian crossing signals at the intersection of state highway route 18 and North Bedford street in the town of East Bridgewater; provided further, that not less than $2,000,000 shall be expended for the acquisition and design costs associated with the reconstruction of the intersection located at state highway route 27, North Quincy street and Massasoit boulevard in the city of Brockton including, but not limited to, assessment and potential resolution to the culvert nearby; provided further, that not less than $2,000,000 shall be expended for the Old Colony Planning Council, in collaboration with the metropolitan area planning council, the Southeastern Regional Planning and Economic Development District and the Cape Cod commission to develop a preliminary plan and design of the Frederick Douglas tunnel program within the regions and the cities of Boston, Brockton and New Bedford and create connectivity to places of public significance and the underground railroad; provided further, that not less than $1,000,000 shall be expended to United South End Settlements for the completion of the its facilities improvement project to create additional classroom space and upgrade infrastructure for low-income students in its early childhood education program; provided further, that not less than $500,000 shall be expended to Focus Springfield, Inc. for technology and translation service upgrades; provided further, that not less than $2,000,000 shall be expended to the Springfield Housing Authority for the construction of a joint community laundry facility; provided further, that not less than $1,000,000 shall be expended to Square One 947 Main Corporation to make capital improvements and repairs to community programming facilities; provided further, that not less than $1,000,000 shall be expended to the Boys & Girls Club Family Center, Inc. for the construction and maintenance of facilities; provided further, that not less than $275,000 shall be expended for the roadway reconstruction of North Main street in the town of Belchertown; provided further, that not less than $720,000 shall be expended to the town of Dover for economic development projects; provided further, that not less than $720,000 shall be expended to the town of Milford for economic development projects; provided further, that not less than $720,000 shall be expended to the town of Millis for economic development projects; provided further, that not less than $720,000 shall be expended to the town of Plainville for economic development projects; provided further, that not less than $720,000 shall be expended to the town of Wrentham for economic development projects; provided further, that not less than $195,000 shall be expended to the town of Longmeadow to regrade and improve the Glenbrook field at Glenbrook middle school; provided further, than not less than $1,500,000 shall be expended to the town of Norfolk for educational upgrades and improvements; provided further, that not less than $200,000 shall be expended for the town of Hanson to develop a regional pond management plan; provided further, that not less than $1,500,000 shall be expended to the city of Peabody to offset the costs of the new Peabody public safety facility; provided further, that not less than $200,000 shall be expended to Uphams Corner Main Streets to support infrastructure needs of main street businesses, including improvements to abutting public spaces; provided further, that not less than $200,000 shall be expended to Greater Ashmont Main Streets to support infrastructure needs of main street businesses, including improvements to abutting public spaces; provided further, that not less than $200,000 shall be expended to Fields Corner Main Streets to support infrastructure needs of main street businesses, including improvements to abutting public spaces; provided further, that not less than $200,000 shall be expended to Four Corners Main Streets to support infrastructure needs of main street businesses, including improvements to abutting public spaces; provided further, that not less than $200,000 shall be expended to Chinatown Main Streets to support infrastructure needs of main street businesses, including improvements to abutting public spaces; provided further, that not less than $200,000 shall be expended to Bowdoin Geneva Main Streets to support infrastructure needs of main street businesses, including improvements to abutting public spaces; provided further, that not less than $1,000,000 shall be expended to the city of Peabody for the site redevelopment of the Rousselot Factory; provided further, that not less than $5,000,000 shall be expended to Worcester Polytechnic Institute to establish an Innovation Hub for Recovery and Regeneration to serve as a focal point in research, workforce development, corporate-university partnerships and entrepreneurial growth in the region; provided further, that not less than $5,000,000 shall be expended for the creation and operation of a cyber range in the city of Worcester pursuant to a partnership between Quinsigamond Community College and Worcester State University; provided further, that not less than $200,000 shall be expended to the Uniquely Abled Academy at the Excel Program at Bridgewater State University for workforce development and educational resources; provided further, that not less than $200,000 shall be expended to the Public Health Association visiting nurses program in the town of Stoughton for capital improvements; provided further, that not less than $500,000 shall be expended to the city known as the town of Braintree for capital improvement projects; provided further, that not less than $500,000 shall be expended to the city known as the town of Bridgewater for capital improvement projects; provided further, that not less than $500,000 shall be expended to the town of Easton for capital improvement projects; provided further, that not less than $500,000 shall be expended to the town of Milton for capital improvement projects; provided further, that not less than $500,000 shall be expended to the city known as the town of Randolph for capital improvement projects; provided further, that not less than $500,000 shall be expended to the town of Stoughton for capital improvement projects; provided further, that not less than $500,000 shall be expended to the town of West Bridgewater for capital improvement projects; provided further, that not less than $2,500,000 shall be expended for capital costs related to the construction of the Louis D. Brown Peace Institute's Center for Healing, Teaching and Learning for families and communities throughout the commonwealth impacted by murder, trauma, grief and loss; provided further, that not less than $2,000,000 shall be expended for South Boston Community Health Center to be matched by the health center and other partners to fund critical renovations and expansion at its main facility to accommodate continued growth in primary care services and to allow for better patient flow to enhance infection control protocols; provided further, that not less than $1,000,000 shall be expended to Inquilinos Boricuas en Acción, Inc. for  the construction of La CASA: Center for Arts, Self-determination and Activism, a center for economic mobility programming, youth development, resident services and arts serving low-income families and the conversion of 2 office buildings to 46 units of affordable housing; provided further, that not less than $750,000 shall be expended to the to the Boston Center for Youth and Families for the planning, design and construction of year-round handball and racquetball courts at the Curley Community Center in the South Boston section of the city of Boston to promote community recreation; provided further, that not less than $750,000 shall be expended to YMCA of Greater Boston, Inc. for the planning, design and construction of the William McGonagle community center in the South Boston section of the city of Boston; provided further, that not less than $500,000 shall be expended to the city of Boston for the first planning, design, acquisition and construction of My Brother’s Keeper Boston’s Opportunity Lab to provide leadership training and support for disadvantaged students; provided further, that not less than $100,000 shall be expended for Snapchef Foundation Inc. for upgrades to and maintenance of their stove and kitchen to continue their culinary training program and community meal preparation; provided further, that not less than $500,000 shall be expended for Work Incorporated for the renovation of a family support center to serve over 500 individuals with disabilities and their families; provided further, that not less than $250,000 shall be expended to The BASE located in the Roxbury section of the city of Boston for the acquisition of headquarters facilities to continue to serve and offer community programming to  urban youth; provided further, that not less than $450,000 shall be expended to the GK Fund, Inc. to provide grants to increase access to the startup economy for individuals from historically underrepresented groups in the city of Boston and gateway cities that participate the Transformative Development Initiative of the Massachusetts Development Finance Agency; provided further, that not less than $500,00 shall be expended to VietAID for improvements of facilities and for support of its community programming; provided further, that not less than $500,000 shall be expended to the Helen Y. Davis Leadership Academy Charter Public School in the Dorchester section of the city of Boston for infrastructure and facility improvements; provided further, that not less than $250,000 shall be expended to Cape Cod Canal Region Foundation, Inc. to promote economic development in the downtown area of the town of Bourne through revitalization and beautification; provided further, that not less than $200,000 shall be expended for the creation of a comprehensive master plan for the town of Shrewsbury; provided further, that not less than $25,000 shall be expended for a redevelopment plan for vacant property in the town of Shrewsbury; provided further, that not less than $75,000 shall be expended for the creation of a corridor study and economic development strategy to promote business development along state highway route 9 in the town of Shrewsbury; provided further, that not less than $1,000,000 shall be expended for the Simonelli Innovation Center at the Hamilton Mills building in the town of Southbridge for district revitalization and community development projects in the historic Globe Village in the town of Southbridge; provided further, that not less than $500,000 shall be expended to the town of Monson for local and public community development projects at Silver Bell Farm; provided further, that not less than $2,500,000 shall be expended to Northern Essex Community College for the establishment of a cleanroom laboratory in the city of Haverhill to act as a shared-use space with Whittier Regional Vocational Technical high school; provided further, that not less than $1,000,000 shall be expended to MassChallenge Inc. for capital support of early-commercialization output programs with an emphasis on applied artificial intelligence; provided further, that not less than $7,000,000 shall be expended to the city of Fall River for economic development and revitalization efforts in the Flint neighborhood and Pleasant street corridor of the city; provided further, that not less than $2,000,000 shall be expended to the town of Westport for the construction and installation of water and sewage lines along the United States highway route 6 corridor; provided further, that not less than $1,000,000 shall be expended to the town of Swansea for the installation of sewage lines; and provided further, that not less than $200,000 shall be expended to the Bacon Free Library in the town of Natick for capital improvements ………………………$376,190,000

Board of Library Commissioners

7000-9093For a program of grants to 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; provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws; and provided further, that grant recipients may expend funds for alternative energy generation, energy infrastructure projects and other decarbonization projects at public libraries.....…………………………………............................ $150,000,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary

2000-7076For capital grants or other financial assistance administered by the executive office of energy and environmental affairs, in consultation with the department of agricultural resources and division of marine fisheries, to promote and support the growth and economic competitiveness of the commonwealth's agricultural, commercial fishing and cranberry-growing sectors; provided, that the executive office shall prioritize applicants for  grants or other financial assistance that focus on innovative approaches to enhance environmental benefits, promote climate resiliency and encourage increased economic activity in its respective sector including, but not limited to: (i) capital infrastructure improvements that promote energy efficiency; (ii) the purchase or expanded use of clean and renewable energy technologies; (iii) tools to address barriers to economic growth, including the purchase of energy efficient equipment and technology; (iv) tools and technologies to support practices that promote resilience against the impacts of climate change; (v) tools and technologies to facilitate sustainability and new product development; (vi) acquisition and purchase of innovative commercial fishing gear designed to protect stocks and species of concern; and (vii) capital infrastructure improvements related to developing and strengthening workforce development and training programs; provided further, that grants made pursuant to this item may be awarded to public higher education institutions, vocational technical schools, or community-based organizations to support the economic competitiveness of the commonwealth's agricultural, commercial fishing and cranberry-growing sectors; provided further, that grants or other financial assistance shall be made on a competitive basis and awarded in a manner that promotes geographic equity; and provided further, that grants or other financial assistance awarded in this item shall be distributed equally among the agriculture, commercial fishing and cranberry-growing sectors ……….......................................................................$21,000,000

EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES

Office of the Secretary

7004-0709For the Small Properties State Acquisition Funding Pilot program established in item 1599-6084 of section 2A of chapter 268 of the acts of 2022; provided, that said program shall issue soft loans to supplement other acquisition soft loans administered by municipal or other affordable housing acquisition lenders on a rolling basis; provided further, that acquisitions pursuant to this program shall follow the affordability restrictions of said affordable housing acquisition lenders; and provided further, that loans under this program shall be used for the acquisition of: (i) buildings of 1 to 8 units, inclusive, of residential housing for rental or ownership; or (ii) mixed-use buildings for a term of not less than 30 years.........................................................................................................................$10,000,000

SECTION 2B.

SECRETARY OF THE COMMONWEALTH

Massachusetts Historical Commission

0526-2013For a grant program to units of municipal government and to nonprofit organizations for the preservation of historic properties, landscapes and sites; provided, that funds shall be awarded in accordance with regulations promulgated by the chair of the Massachusetts historical commission; and provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws................................................. $8,000,000

SECTION 2C.

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT

Office of the Secretary

7002-8077 For the Clean Energy Investment Fund established in section 15 of chapter 23J of the General Laws to promote job creation, economic development and workforce development through capital grants to nonprofit organizations, private entities and governmental entities for the purposes of supporting and stimulating research and development, innovation, manufacturing, commercialization and deployment of climatetech 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. Chapter 2 of the General Laws is hereby amended by adding the following 2 sections:-

Section 65. (a) The governor may appoint a  choreographer laureate of the commonwealth who shall be selected from a list of finalists to be submitted by the choreographer laureate nominating committee established in subsection (b). The choreographer laureate shall promote choreography and dance, elevate the dance legacy of, and current dance communities in, the commonwealth and choreograph performances for important public events and ceremonies. The choreographer laureate shall be appointed to serve for a term of 4 years and may be reappointed for a second term. A choreographer laureate vacancy shall be filled in the same manner as the original appointment.

(b)(1) There shall be a choreographer laureate nominating committee consisting of: the executive director of the Massachusetts cultural council or a designee, who shall serve as chair; the executive and artistic director of Jacob’s Pillow Dance Festival, Inc.; the executive artistic director of The Dance Complex; the president of New England Presenters; and a member of the Boston Ballet company to be selected by the chair. Nominating committee members shall serve without compensation.

(2) Not less than 5 months prior to the expiration of the tenure of the choreographer laureate, the nominating committee shall conduct culturally competent and linguistically diverse public outreach and seek nominations of potential candidates for selection as choreographer laureate. Each nominee shall be a resident of the commonwealth who shall be experienced in the art of choreography and produced a body of choreographic work. Nominations shall include biographical information about the nominee.

(3) The nominating committee shall review all nominations and select 3 finalists based on the nominee’s overall choreographic excellence and demonstrated commitment to the arts. Finalists shall represent the commonwealth’s diverse dance community. The nominating committee shall submit the names of the 3 finalists to the governor not less than 4 weeks before the expiration of the tenure of the choreographer laureate or as soon as possible in the event of a vacancy.

(c)(1) The choreographer laureate shall be an honorary position and the person appointed shall receive no remuneration from the commonwealth. The person appointed to the position of choreographer laureate shall not be considered a state official or a state employee for such person’s service in the position.

(2) The choreographer laureate shall be entitled to reimbursement for reasonable expenses incurred in the performance of duties as choreographer laureate, not to exceed $1,000 per fiscal year. Dancers and support staff selected by the choreographer laureate for performances at important public events and ceremonies, consistent with this section, shall be entitled to compensation, as determined by the secretary of administration and finance.

(3) Annually, not later than February 1, the choreographer laureate shall submit a report summarizing their activities within the scope of their appointment to the executive director of the office of travel and tourism, the executive director of the Massachusetts cultural council, the joint committee on tourism, arts and cultural development and the clerks of the senate and house of representatives.

Section 66. (a) The governor may appoint a musician laureate for the commonwealth who shall be selected from a list of finalists to be submitted by the musician laureate nominating committee pursuant in subsection (b). The musician laureate shall promote the musical arts, elevate the musical legacy of, and current musical communities in, the commonwealth and write and perform music for important public events and ceremonies. The musician laureate shall be appointed to serve for a term of 4 years and may be reappointed for a second term. A musician laureate vacancy shall be filled in the same manner as the original appointment.

(b)(1) There shall be a musician laureate nominating committee consisting of: the senate president or a designee; the speaker of the house of representatives or a designee; and 3 persons to be appointed by the governor, 1 of whom shall be a member of the board of directors of the Massachusetts cultural council. Nominating committee members shall serve without compensation.

(2) Not less than 5 months prior to the expiration of the tenure of the musician laureate, the nominating committee shall conduct culturally competent and linguistically diverse public outreach and receive nominations of potential candidates for selection as musician laureate. Each nominee shall be a resident of the commonwealth who shall be experienced in the art of music and produced a body of musical work. Nominations shall include biographical information about the nominee.

(3) The nominating committee shall review all nominations and select 3 finalists based on the nominee’s overall musical excellence and demonstrated commitment to the musical arts. Finalists shall represent the commonwealth’s diverse musical community. The nominating committee shall submit the names of the 3 finalists to the governor not less than 4 weeks before the expiration of the tenure of the musician laureate, or as soon as possible in the event of a vacancy.

(c)(1) The musician laureate shall be an honorary position and the person appointed shall receive no monetary remuneration from the commonwealth. The person appointed to the position of musician laureate shall not be considered a state official or a state employee for such person’s service in the position.

(2) The musician laureate shall be entitled to reasonable reimbursement for expenses incurred in the performance of duties as musician laureate, not to exceed $1,000 per fiscal year. Musicians and support staff selected by the musician laureate for performances at important public events and ceremonies, consistent with this section, shall be entitled to compensation, as determined by the secretary of administration and finance.

(3) Annually, not later than February 1, the laureate shall submit a report summarizing their activities within the scope of their appointment to the executive director of the office of travel and tourism, the executive director of the Massachusetts cultural council, the joint committee on tourism, arts and cultural development and the clerks of the senate and house of representatives.

SECTION 4. Section 7 of chapter 4 of the General Laws is hereby amended by striking out clause Sixtieth, appearing in the 2022 Official Edition, and inserting in place thereof the following clause:-

Sixtieth, “Age of criminal majority” the age of 19.

SECTION 5. Section 115A of chapter 6 of the General Laws, as so appearing, is hereby amended by striking out, in line 31, the figure “$5,000,000” and inserting in place thereof the following figure:- $10,000,000.

SECTION 6. Section 167 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 38, 40 and 41, the figure “18” and inserting in place thereof, in each instance, the following words:- criminal majority.

SECTION 7. Section 204 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “president of the Massachusetts growth capital corporation” and inserting in place thereof the following words:- executive director of the Massachusetts Development Finance Agency.

SECTION 8. Section 16G of chapter 6A of the General Laws is hereby amended by striking out subsections (i) and (j), as so appearing, 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 the 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 advice from individuals working in the private sector and examine models that can be adapted from the private sector 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 evaluation of the performance on the goals, programs and initiative outlined in the preceding year’s plan. Such reports shall be in a form directed by the director and 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 annually not later than December 31 and shall be published on the website of the executive office and forwarded to the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on economic development and emerging technologies.

SECTION 9. Said section 16G of said chapter 6A is hereby further amended by striking out subsection (m), as so appearing, 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 seek the laboratory, technical, education and research skills and facilities of public institutions of higher education. 

SECTION 10. The first paragraph of subsection (n) of said section 16G of said chapter 6A is hereby amended by striking out the second sentence, as so appearing. 

SECTION 11. Said section 16G of said chapter 6A is hereby further amended by striking out, in lines 255 and 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 12. 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 13. Section 35FF of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in lines 46, 51, 52, 53, 57, 64, 75, 87, 89, 94, 98, 138, 139, 140, and in lines 141 and 142, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 14. Section 8F of chapter 12 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the figure “$200,000” and inserting in place thereof the following figure:- $500,000.

SECTION 15. Said section 8F of said chapter 12, as so appearing, is hereby further amended by striking out, in line 24, the figure $500,000” and inserting in place thereof the following figure:- $1,000,000.

SECTION 16. Section 14 of chapter 13 of the General Laws, as so appearing, is hereby amended by inserting after the word “twelve”, in line 14, the following words:- and chapter 112A.

SECTION 17. Section 23 of chapter 20 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b)(1) Notwithstanding any general or special law to the contrary, the department of agricultural resources, with the approval of the co-holder, if any, in its sole discretion, may grant to any owner of land subject to an agricultural preservation restriction held by the commonwealth a nonassignable special permit allowing nonagricultural activities to occur on land restricted for agricultural purposes if: (i) the land is being actively utilized for full-time commercial agriculture; (ii) the permit is for a period of not less than 1 year which may, at the discretion of the department, be renewed; (iii) the grant of a special permit will not defeat or derogate from the intent and purposes of retaining the land for agricultural use and preserving the natural agricultural resources of the commonwealth; and (iv) the agricultural preservation restriction owner meets all requirements pertaining to special permits contained in the agricultural preservation restriction agreement form utilized by the commonwealth at the time of application for the special permit. In making the determination, the department shall consider the long-term productivity of the agricultural resource and the sustainability of the farm enterprise.

(2) Notwithstanding paragraph (1), the department may approve a special permit for a trial period of 1 year to evaluate a proposal for nonagricultural activities. If a special permit is issued to a permit holder for a 1-year trial period, the department shall notify the special permit holder not later than 90 days before the end of the 1-year trial period of the department’s decision to renew, revoke or amend the permit. If the department fails to notify the special permit holder of its decision to renew, revoke or amend the special permit, the special permit shall automatically be renewed for a period of 5 years.

SECTION 18. Said section 23 of said chapter 20, as so appearing, is hereby further amended by striking out, in line 98, the words “for a special permit authorized in” and inserting in place thereof the following words:- any owner of land subject to an agricultural preservation restriction aggrieved by a decision of the department relative to a special permit authorized pursuant to.

SECTION 19. Said chapter 20 is hereby further amended by adding the following section:-

Section 33. Notwithstanding any general or special law to the contrary, the secretary of energy and environmental affairs shall establish a program to acquire by purchase, gift, lease, eminent domain or otherwise lands and waters and easements therein to protect and conserve land for the purpose of furthering the department’s mission including, but not limited to, retaining land for farming or agriculture as defined by section 1A of chapter 128 and providing affordable and equitable access to agricultural and horticultural lands.

The commissioner may, from funds appropriated to carry out this section or from funds received from other sources, compensate a landowner for the acquisition by the department of real estate owned by the landowner in such amount as determined by the commissioner to be equitable in consideration of anticipated benefits from such acquisition in accordance with any land acquisition regulations of the department. The commissioner may use department funds to create, replace and maintain appropriate infrastructure and improvements that the department deems consistent with the goals of this section and the department’s mission.

The department may lease, license or otherwise manage these lands as it deems necessary to implement this section and carry out  the department’s mission and goals.

Acquisition of land or water under this section shall not guarantee any public access unless otherwise agreed to by the department.

The department may promulgate rules and regulations relative to the rights, privileges and use of lands, waters, real estate interests and associated improvements acquired and maintained under this section.

The department may dispose of any such real estate as permitted under section 5A of chapter 3 or through the sale to a qualified farmer or beginning farmer in conjunction with permanent protection of the real estate interest, including through an agricultural preservation restriction to the commonwealth or other qualified conservation entity.

SECTION 20. Chapter 21A of the General Laws is hereby amended by adding the following section:-

Section 29. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Charger”, a device having at least 1 charging port and connector for charging electric vehicles; provided, however, that “charger” shall also mean electric vehicle supply equipment.

“Charging network provider”, an entity that operates a digital communication network that remotely manages chargers, which may include charging station operators and manufacture chargers.

“Charging station”, a charger or group of chargers and the area in the immediate vicinity of such charger or group of chargers, which may include, at the discretion of the regulating entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress and egress; provided, however, that a “charging station” shall comprise only part of the property on which it is located.

“Charging station operator”, an entity that owns or provides chargers and supporting equipment and facilities at charging stations and is responsible for the operation and maintenance of chargers and supporting equipment and facilities; provided, however, that such operator may delegate responsibility for certain aspects of the charging station operation and maintenance to subcontractors.

“Connector”, a device that attaches an electric vehicle to a charging port to transfer electricity; provided, however, that “connector” shall also mean a plug.

“Direct current fast charger”, a charger that enables rapid charging by delivering direct-current electricity directly to an electric vehicle’s battery.

“Electric vehicle”, a battery electric vehicle that is either a zero-emission vehicle or a plug-in hybrid electric vehicle equipped with an on-board electrical energy storage device that can be recharged from an external source of electricity and has the capability to run on another fuel; provided, however, that “electric vehicle” shall not include a golf cart, electric bicycle or other micromobility device.

“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 related billing services, networking and operation and maintenance.

“Electric vehicle supply equipment”, a device, including at least 1 charging port and connector, for charging electric vehicles; provided, however, that “electric vehicle supply equipment” shall also mean a charger.

“Level 1”, a galvanically-connected electric vehicle supply equipment with a single-phase input voltage nominally 120 volts AC alternating current and a maximum output current of not more than 16 amperes alternating current.

“Level 2”, a galvanically-connected electric vehicle supply equipment with a single-phase input voltage range from 208 volts to 240 volts, inclusive, alternating current and maximum output current of not more than 80 amperes alternating current.

“National Electric Vehicle Infrastructure Formula program”, the federal program established pursuant to the Infrastructure Investment and Jobs Act, Pub.L.117-58.

“Public electric vehicle charging station”, an electric vehicle charging station located at a publicly-available parking space.

''Publicly-available parking space'', a parking space that has been designated by a property owner or lessee to be available to and accessible by the public and may include on-street parking spaces and parking spaces in surface lots or parking garages; provided, however, that “publicly-available parking space” shall not include a parking space that is part of or associated with residential property containing not more than 4 dwelling units or that is reserved for the exclusive use of an individual driver or vehicle or group of drivers or vehicles, including employees, tenants, visitors, residents of a common interest development and residents of an adjacent building.

“Publicly-funded and available charging station", a public electric vehicle charging station installed on or after January 1, 2025 that has received, or expects to receive, a grant, loan or other incentive from a federal or state government source or through a charge on ratepayers and is located at a publicly available parking space.

(b) The executive office of energy and environmental affairs shall promulgate regulations to: (i) monitor the utilization or frequency of use of such chargers and charging stations; (ii) monitor the reliability and availability of such chargers and charging stations including, but not limited to, whether reliability varies by the income of municipalities or neighborhoods or by regions of the commonwealth; and (iii) require charging network providers and charging station operators to share, free of charge, certain data fields, with third-party software developers via application programming interfaces; provided, however, that any such data sharing may be conditioned on measures to protect sensitive or confidential business information. The executive office may designate any of its agencies to promulgate such regulations.

(c) In promulgating regulations under this section, the executive office or its designated agency may apply different requirements to publicly-funded and available charging stations or other charging stations.

(d) Regulations promulgated under this section may vary by technology type, power levels, number of chargers per site, site ownership and according to whether chargers are: (i) networked; (ii) public; (iii) publicly-funded and available; (iv) level 1, level 2 or direct current fast chargers; or (v) all-inclusive mobile solar charging stations. Such regulations may apply to charging stations other than publicly-funded and available charging stations but shall not apply to chargers or charging stations installed at a residential property containing not more than 4 dwelling units. The executive office or its designated agency may, in its discretion, set such standards as it deems necessary for data formats that comply with electric vehicle charging industry best practices and standards.

(e) With respect to any regulations that may be promulgated pertaining to reliability, the executive office or its designated agency shall develop definitions of “uptime” and “exempted downtime” through a public process and in such a manner to promote, as much as is practicable, consistency with other jurisdictions and the National Electric Vehicle Infrastructure formula program requirements; provided, however, that the executive office or its designated agency may: (i) set standards for uptime; (ii) consider which events, if any, may count as exempted downtime; and (iii) take into account the quality and condition of software and hardware.

SECTION 21. Chapter 22 of the General Laws is hereby amended by striking out section 12, as appearing in the 2022 Official Edition, 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”, any form of unarmed combat involving the use of a combination of techniques including, but not limited to, grappling, kicking and striking, commonly associated with boxing, kickboxing, wrestling and various disciplines of the martial arts including, but not limited to, karate, kung fu, tae kwon-do, Jiu–Jitsu or any combination thereof.

“Unarmed combative sport”, any form of competition in which a blow is usually struck which may reasonably be expected to inflict injury and no weapon is used; provided, however, that ''unarmed combative sport'' shall not include professional wrestling.

(b) There shall be within the office of public safety and inspections a state athletic commission which shall consist of the commissioner of occupational licensure, or a 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 serve as 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 duties of the office and shall receive a salary as determined by the commission. The executive director shall be responsible for administering and enforcing the laws relative to the commission. The executive director may, subject to the approval of the commission, hire 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 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 authorize such deputies be reimbursed for necessary travel expenses incurred in the performance of their duties.

(g) A deputy assigned to attend a match or exhibition under this section shall be required to received formal training on the laws and rules of the commission and related issues within the 12 months prior to any such match or exhibition. The commission may reimburse deputies for necessary travel expenses incurred while attending a formal training.

SECTION 22. Subsection (b) of section 3A of chapter 23A of the General Laws, as so appearing, 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 23. 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 one 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 24. 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 by the city council with the approval of the mayor in a city or by a select board or 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 25. 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 in the commonwealth.

SECTION 26. 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 in 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 27. 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 not less than 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 and, without such project, the retained jobs would be relocated outside of the commonwealth.

SECTION 28. Said section 3A of said chapter 23A, is hereby further amended by striking out, in line 113, as so appearing, the words “and approved by the EACC”.

SECTION 29. 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 30. Subsection (b) of said section 3B of said chapter 23A, as appearing in the 2022 Official Edition, is hereby amended by striking out clauses (iii) to (vii), inclusive, and inserting in place thereof following 4 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 31. Subsection (c) of said section 3B of said chapter 23A, as amended by section 67 of chapter 7 of the acts of 2023, is hereby 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 32. 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 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 may 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 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 not less than 5 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 that may include a requirement that the controlling business provide written evidence to support the certification provided for in clause (v) in paragraph (1).

SECTION 33. Section 3D of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “awarded and the schedule on which those credits may be claimed” and inserting in place thereof the following words:-, the schedule on which those credits may be claimed and the extent to which the credits are refundable.

SECTION 34. 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 35. 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 36. Said chapter 23A is hereby further amended by striking out section 3E, as so appearing, 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, 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; provided, however, thqt such new jobs shallnot merely be a replacement or relocation of current jobs within the commonwealth; or (iii) a private project or investment that will contribute significantly to the resiliency of the local economy.

(b) A municipality may offer a special tax assessment to the controlling business of a certified project, a person or entity undertaking a real estate project or 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 this subsectioin.

 A municipality may approve special tax assessments if it determines that: (i) the property owner is 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 is retaining permanent full-time employees that otherwise would be relocated to a facility outside 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 a 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 37. Section 3F of said chapter 23A, as so appearing, 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 38. 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 39. 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 in 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 or special 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 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 40. Said chapter 23A is hereby further amended by striking out section 3H, as amended by section 70 of chapter 7 of the acts of 2023, 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 with permitting and business development to serve as the director of the office. The director shall: (i) serve as the state permit ombudsperson to new and expanding businesses; (ii) work with state agencies to expedite the process of obtaining state licenses, permits, state certificates, state approvals and other requirements of law, but not including divisions of the state secretary’s office; (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, award technical assistance grants pursuant to said chapter 43D; and (vi) support the administration of the growth districts initiative as defined in section 1 of 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 before approving or denying a proposed priority development site.

(b) There shall be a regulatory ombudsperson within the permit regulatory office to address regulatory matters of interest to the business community.  The regulatory ombudsperson shall work in partnership with the state permitting ombudsperson to provide assistance to businesses in the process of complying with state regulations and other requirements of law that affect businesses.  The regulatory ombudsperson 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) Annually, not later than 1, the director of the permit regulatory office shall file a report with the house and senate committees on ways and means detailing the activities of the office.

SECTION 41.  Section 56 of said chapter 23A is hereby amended by striking out, in lines 18 and 19, as appearing in the 2022 Official Edition, the words:- , the Massachusetts Growth Capital Corporation.

SECTION 42. Section 62 of said chapter 23A is hereby repealed.

SECTION 43. Subsection (a) of section 66 of said chapter 23A, as  amended by section 98 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 commission shall seek to enhance the economic vitality of rural communities and to advance the health and well-being of rural residents. For the purposes of this section and section 66A, “rural communities” shall mean municipalities with population density of less than 500 persons per square mile or a population of less than 7,000 persons as shown in the most recent federal decennial census.

SECTION 44. Said chapter 23A is hereby further amended by inserting after said section 66 the following section:- 

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 and nonprofit entities for infrastructure projects, downtown improvements and other projects that advance economic and community development, stable housing markets and other 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) Annually, not later than June 2, the secretary of economic development shall report on the activities and status of the program to the house and senate committees on ways and means and the joint committee on community development and small businesses. 

SECTION 45. 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, “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 46. Said section 69 said chapter 23A, as so appearing, is hereby further amended by striking out, in lines 17 and 18, the words “Massachusetts Growth Capital Corporation” and inserting in place thereof the following words:- growth capital division of the Massachusetts Development Finance Agency.

SECTION 47. Section 16 of chapter 23D of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “Massachusetts Growth Capital Corporation” and inserting in place thereof the following words:- Massachusetts Development Finance Agency.

SECTION 48. Section 20 of said chapter 23D is hereby repealed.

SECTION 49. Section 1 of chapter 23G of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the definition of “Bonds” the following definition:-

“Community development corporation” or “CDC”, a community development corporation as defined in section 2 of chapter 40H and certified pursuant to section 2A of said chapter 40H.

SECTION 50. Said section 1 of said chapter 23G, as so appearing, is hereby further amended by striking out the definition of “Massachusetts Health and Educational Facilities Authority” and inserting in place thereof the following 3 definitions:-

“Massachusetts Growth Capital Corporation”, the Massachusetts Growth Capital Corporation established in chapter 40W, the power, functions, assets and liabilities of which have been merged into the Massachusetts Development Finance Agency.

“Massachusetts Health and Educational Facilities Authority”, or “HEFA”, the authority established in section 4 of chapter 614 of the acts of 1968.

“Micro business”, 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 51. Said section 1 of said chapter 23G, as so appearing, is hereby further amended by inserting after the definition of “Revenues” the following definition:-

“Small business”, a business entity, including its affiliates, that (i) is independently owned and operated; (ii) has a principal place of business in the commonwealth; and (iii) would be defined as a “small business” under applicable federal law.

SECTION 52. Section 2 of said chapter 23G is hereby amended by striking out subsection (b), as amended by section 126 of chapter 7 of the acts of 2023, and inserting in place thereof the following subsection:-

(b) The agency shall be governed and its corporate powers exercised by a board of directors consisting of the secretary of administration and finance or a designee; the secretary of economic development or a designee, who shall serve as chair; and 13 members to be appointed by the governor, 1 of whom shall be experienced in real estate development, 1 of whom shall be experienced in commercial or industrial credit, 1 of whom shall be experienced in mortgage lending, 1 of whom shall be experienced in banking or investment banking, 1 of whom shall be experienced in planning and the redevelopment of environmentally contaminated lands, 1 of whom shall be a representative of organized labor, 1 of whom shall be experienced in community economic development and employed by a CDC or a representative of the Massachusetts Association of Community Development Corporations, 1 of whom shall be a representative of a community bank in the commonwealth, 1 of whom shall be a representative of an organization of small businesses or manufacturing companies in the commonwealth, 1 of whom shall be experienced in small business financing or restructuring and 1 of whom shall be a small business owner.   Each member appointed by the governor shall serve for a term of 3 years; provided, however, that of the initial appointed members, 4 shall serve terms of 2 years and 5 shall serve terms of 3 years.  A person appointed to fill a vacancy in the office of a member of the board shall be appointed in a like manner and shall serve for only the unexpired term of such member. A member shall be eligible for reappointment.  A member may be removed from their appointment by the governor for cause.

SECTION 53.  Said section 2 of said chapter 23G, as so amended, is hereby further amended by striking out, in line 34, as appearing in the 2022 Official Edition, the word “Six” and inserting in place thereof the following word:-  Eight.

SECTION 54.  Said section 2 of said chapter 23G is hereby further amended by striking out subsection (l), as so appearing, and inserting in place thereof the following 3 subsections:

(l)  The agency shall be the successor to the Massachusetts Growth Capital Corporation, previously established in section 2 of chapter 40W. All real estate, property rights, personal property, funds, moneys, revenues, receipts, contract rights and other intangible assets, equipment and any other ownership, possessory or security interests of any kind whatsoever, or any portion thereof, held by the Massachusetts Growth Capital Corporation including, but not limited to, funds previously appropriated by the commonwealth for the Massachusetts Growth Capital Corporation, shall be deemed for record notice and otherwise, as applicable, to belong to the agency on the same basis and with the same interest as previously held by the Massachusetts Growth Capital Corporation. All obligations and liabilities of said Massachusetts Growth Capital Corporation shall become obligations and liabilities of the Agency. Any resolution taken by or commitment made by the Massachusetts Growth Capital Corporation with respect to any financing, including loans, bond issuances, guarantees and insurance and any other action made by the Massachusetts Growth Capital Corporation shall be a resolution, commitment or action of the agency.

(m) The Massachusetts Growth Capital Corporation shall continue as long as it shall have bonds or insurance or guarantee commitments outstanding and until its existence is terminated by law.  Upon the termination of the existence of the agency, all right, title and interest in and to all of its assets and all of its obligations, duties, covenants and agreements shall vest in and be possessed, performed and assumed by the commonwealth.

(n)  Any documentary materials or data made or received by any member or employee of the Agency and consisting of, or to the extent that such materials or data consist of, trade secrets or commercial or financial information regarding the operation of any business conducted by an applicant for any form of assistance that the agency is authorized to render or regarding the competitive position of such applicant in a particular field of endeavor, shall not be deemed public records of the agency and shall not be subject to section 10 of chapter 66. Any discussion or consideration of such trade secrets or commercial or financial information may be held by the board in executive sessions but the purpose of any such executive session shall be set forth in the official minutes of the agency, and no business that is not directly related to such purpose shall be transacted nor shall any vote be taken during such executive session.

SECTION 55. Subsection (a) of section 3 of said chapter 23G, as so appearing, is hereby amended by striking out clause (34) and (35) and inserting in place thereof the following 10 clauses:-

(34) to make loans, including working capital and contract based loans, provide guarantees, loan insurance or reinsurance or otherwise provide financing or credit enhancing devices for the operation of companies which have a principal place of business in the commonwealth including, but not limited to, loans to lending institutions under terms and conditions requiring the proceeds of such loans to be used by such lending institutions for the making of loans for the operation of companies;

(35) to contract or enter into agreements, licenses and easements, with municipalities, the federal government, any agency thereof or any other person or entity including, but not limited to, the commonwealth or any  public agencies thereof, regional entities and utility companies, to provide utility services including, but not limited to, electricity, gas, cable television, broadband and telephone services and to acquire, construct, maintain and operate any such systems for utility services;

(36) to borrow money by the issuance of debt obligations whether tax exempt or taxable and secure such obligations by the pledge of its revenues or the revenues, mortgages and notes of others; provided, however, that the corporation shall not issue debt obligations pursuant to this clause if the principal amount of those debt obligations, when added to the principal amount of existing debt obligations issued by the corporation under this clause, excluding debt obligations previously refunded or to be refunded by the corporation, would exceed $30,000,000;

(37) to consent, subject to any contract with noteholders or bondholders, whenever it deems necessary or desirable  to implement this chapter, to the modification, with respect to rate of interest, time of payment of an installment of principal or interest, or other terms, of a mortgage, mortgage loan, mortgage loan commitment, contract or other agreement to which the agency is a party;

(38) to create, issue, buy and sell stock and other capital participation instruments, hold such stock and capital participation instruments and underwrite the creation of a capital market for these securities;

(39) to provide advisory services, technical assistance and training programs to small businesses as may necessary or desirable to carry out this chapter;

(40) to create and issue shares that a person, firm or corporation may purchase; provided, however, that each share issued shall be in the form of non-voting common stock with each share having a par value of $10; provided, however, that the total value of the shares issued shall not exceed $25,000,000;

(41) to make loans or grants to, or otherwise finance or invest in, a business to further the purposes of this chapter; provided, however, that such loans or grants may be made to certified community development corporations or other community based nonprofit entities for the purpose of such corporations or entities providing financing to businesses;

(42) to provide loan guarantees to public or private entities for the purpose of causing such entities to provide financing to a business; and

(43)  to require, by contract in a financing agreement, or otherwise, specific operational activities, financial actions or management changes, as conditions for the receipt of a loan, financing or investment by the corporation.

SECTION 56. Said subsection (a) of said section 3 of said chapter 23G is hereby further amended by inserting after clause (43), inserted by section 55, the following paragraph:-

No debt obligation issued under clause (36), no stock or capital participation instrument created under clause (38) and no share issued under clause (40) by the agency shall be or become an indebtedness or obligation of the commonwealth and shall be plainly stated on the face of each bond, capital participation instrument, share or other evidence of indebtedness that it does not constitute an indebtedness or obligation of the commonwealth and is payable solely from the revenues or income of the agency.

SECTION 57. Said chapter 23G is hereby further amended by adding the following 2 sections:-

Section 48. (a) There shall be within the agency a growth capital division to provide growth capital and other financial assistance to small businesses.

(b) The agency may participate in projects to provide capital or increase or improve the availability of capital; provided, however, that before such participation, the agency shall find and incorporate in the official records of the corporation that the project is reasonably expected to: (i) support or promote economic development, revitalization or stability; (ii) promote employment opportunities for residents; (iii) promote the creation or retention of jobs; or (iv) support the creation or expansion of a business sector whose success would enhance the economic development of the commonwealth, quality of life of residents of  or employment opportunities for residents.

The agency shall not participate in a project unless it determines, in writing, that its participation is necessary because without such participation adequate funding for the project would not be available or would be offered on terms that would preclude the success of the project. The agency shall prioritize participation in projects that enhance the quality of life of a target area as defined in section 2 of chapter 40H or enhance the quality of life and promote employment opportunities for low- and moderate-income residents of the commonwealth.  If a certified community development corporation requests that the agency participate in a project, the agency shall make a determination of whether the project is likely to provide employment opportunities to or enhance the quality of life of low- and moderate-income residents of the commonwealth, or whether the project supports the creation or expansion of the business sector in the region served by the CDC. 

(c) The agency may participate in projects to provide capital or increase or improve the availability of capital available to minority-owned or women-owned contractors.  The agency shall not participate in a project unless it determines, in writing, that its participation is necessary because without such participation adequate funding for the project would not be available or would be offered on terms that would preclude the success of the project.  The agency shall endeavor to participate in projects each year that promote the equitable growth of minority-owned or women-owned businesses.

(d) The agency may establish or invest in the capital stock of any corporation organized to increase capital available to small businesses or to engage local residents and businesses to work together to undertake programs, projects and activities that develop and improve urban, rural and suburban communities by creating and expanding economic opportunities for low- and moderate-income people. Without limitation, any such corporation may: (i) serve as a financial intermediary between entities undertaking projects and small businesses and public or private sources of capital including, but not limited to, direct lenders, guarantors or grant makers; and (ii) provide financial and managerial consulting services to entities undertaking projects, small businesses and minority-owned or women-owned contractors.  Any corporation so organized may accomplish its purposes by means of investing in the equity capital of, making grants to, making loans to or issuing loan guarantees to entities undertaking projects or to small businesses. The agency may have a controlling or a minority interest in such a corporation, as the directors of the agency shall determine; provided, however, that at least 1 director of the agency shall sit on the board of directors of the corporation.

(e) Before making an investment in the equity capital of, making grants to, making loans to or issuing loan guarantees to entities undertaking projects or to small businesses, a corporation established or in which the agency has invested under subsection (d) shall make the following findings:

(i) such action is consistent with the objectives of this section and may reasonably be expected to contribute to the redevelopment and economic well-being of the commonwealth, will create or retain jobs or will assist minority- or women-owned businesses;

(ii) the funds provided by the agency will be used solely in connection with the costs of the project or the operation of the small business;

(iii) the contract for participation in a project requires: (A) adequate reporting of financial data from the small business or project to the corporation; (B) that a business receiving financial products shall participate in financial and managerial consulting services; and (C)  an annual or other periodic audit of the books of the project or the small business; and

(iv) the corporation’s participation is necessary to the successful completion of the proposed project or to the success of the small business because funding for the project or small business is unavailable in the traditional capital markets or that credit has been offered on terms that would preclude the success of the project or the small business.

If the agency desires to sell or otherwise dispose of stock received under a contract under this section, the small business or entity undertaking a project, or the small business or entity’s nominee, shall not later than 120 days have the right of first refusal upon the sale and the right to meet a subsequent bona fide offer by a third party.  The agency shall not, individually or in combination with a corporation established or invested in by the agency under this section, own more than 49 per cent of the voting stock in a small business.  Upon the request of the agency, the commissioner of banks shall examine the books of a corporation established or invested in by the agency under this section, if such examination is a condition of the particular investment, lending, loan guaranty or grant program administered by such corporation.

(f) The agency shall establish a program to support the provision of financial and managerial consulting and technical assistance to eligible companies that receive financial assistance from the commonwealth or any public authorities thereof. Services that may be supported shall include, but not be limited to, procurement of investment capital, management, administration, production, product marketing, assisting business in securing federal contracts and business expansion, renovation and diversification. The program may include: (i) referrals to technical assistance provided without charge to eligible companies by public and private small business support organizations; (ii) financial support to engage private consultants; and (iii) a directory of organizations, experts and consultants available to be engaged to offer financial or managerial consulting services.  The agency shall coordinate the program with the United State Small Business Administration, the Massachusetts Small Business Development Center Network and other private for profit and nonprofit providers of consulting and technical assistance to small businesses.

(g) The agency may provide matching grants to fund consulting and technical assistance to small businesses who receive financial assistance from the commonwealth or any of the commonwealth’s public authorities. The grants shall be used by the recipient businesses to pay for mandated small business consulting and technical assistance services. Prior to awarding a grant, the agency shall have determined that the financial or managerial consulting services mandated as a condition of financial support of the small business are not available without charge from an entity participating in the program and that procuring such services creates a hardship and impedes the likelihood of success of a project. Grants awarded pursuant to this subsection shall require a 100 per cent match by the recipient.

(h) The agency may disburse loans and grants to low- and moderate-income entrepreneurs who are forming, operating or expanding micro businesses in the commonwealth, in consultation with the micro business development center established by section 69 of chapter 23A.

Section 49. (a) The agency may establish and administer an economic stabilization program to provide flexible, high-risk financing:

(i) necessary to implement a change of ownership, corporate restructuring or turnaround plan for economically viable but troubled businesses that face the likelihood of a large employment loss in the commonwealth, closure of a plant located in the commonwealth or failure without such a change of ownership, corporate restructuring or turnaround plan; provided, however, that the program shall provide assistance to firms in specific mature industries for the purpose of technological investment or upgrading of management operations in order for the business to maintain future economic stability; and provided further, that the financial participation of the agency shall aim to supplement private financial institutions and public economic development agencies when such institutions are unable to provide all the financing or bear all of the risk necessary to transfer ownership, restructure or turnaround a business where the business might otherwise fail, experience closure of a plant located in the commonwealth or greatly reduce its employment in the commonwealth; and

(ii)  in connection with starting up  employee-owned businesses or the implementation of employee-ownership projects; provided, however, that the financial participation of the agency shall aim to supplement private financial institutions and public economic development agencies when such institutions are unable to provide all the financing or bear all of the risk necessary to starting up an employee-owned business or implement an employee-ownership project.

(b) Before providing assistance in connection with the purchase of a troubled business pursuant to clause (i) of subsection (a), the agency’s directors shall determine and incorporate in the minutes of a meeting of the directors that the business:

(i) is likely to experience a large loss of employment in the commonwealth, closure of a plant located in the commonwealth or failure without the loan, financing or investment by the agency;

(ii) within a specific mature industry, requires assistance to technological investment or upgrading of management operations for the business to maintain future economic stability;

(iii) or person seeking to purchase the troubled business has taken or shall take such actions as the directors deem necessary to ensure the business has a reasonable chance to continue as a successful business including, but not limited to, changes in its operations, financing or management, and that the actions are included as a condition for financing by the agency in the financing agreement; and

(iv) or person seeking to purchase the troubled business has made diligent efforts to obtain the financing necessary to continue its operations or transfer ownership of the business from private financial institutions and public economic development agencies and such financing is unavailable or has been offered on terms that would prevent the successful continuation or change in ownership of the business.

(c) When providing assistance in connection with starting up an employee-owned business or implementation of an employee-ownership project pursuant to this clause (ii) of subsection (a), the directors shall determine and incorporate in the minutes of a meeting of the directors that the business:

(i) or person seeking assistance has taken or shall take such actions as the directors deem necessary to ensure that the employee-owned business or employee-ownership project has a reasonable chance to succeed; and

(ii) except with respect to assistance for pre-feasibility and feasibility studies, has made diligent efforts to obtain the financing necessary to institute or implement the employee-ownership project from private financial institutions and public economic development agencies and such financing is unavailable or has been offered on terms that would prevent the successful institution or implementation of the employee-owned business or employee-ownership project.

(d) The agency shall seek to direct not less than10 percent of the financing provided by the economic stabilization program to businesses that are employee-owned businesses to meet the purposes of this section.

SECTION 58.  Chapter 23I of the General Laws is hereby amended by striking out section 1, as appearing in the 2022 official edition, and inserting in place thereof the following section:-

Section 1. The general court finds and declares that:

(i) research in the life sciences and regenerative and preventative medicine presents a significant opportunity of yielding fundamental biological knowledge from which therapies may emanate to relieve, on a large scale, human suffering from disease and injury;

(ii) the extraordinary biomedical scientists working within institutions of higher education, research institutes, hospitals and life sciences companies can contribute significantly to the welfare of humanity by performing outstanding research in these fields;

(iii) promoting the health of residents is a fundamental purpose of state government;

(iv) 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;

(v) 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, including stem cell research;

(vi) public support for, and promotion of, life sciences research that mayprovide cures or new treatments for many debilitating diseases that cause tremendous human suffering and cost the commonwealth millions of dollars each year;

(vii) it is imperative for the purposes of the commonwealth's competitiveness to invest in life sciences research, biotechnology, nanotechnology, biosecurity and health-related artificial intelligence to leverage revenues and encourage cooperation and innovation among public and private institutions involved in life sciences research and related applications;

(viii) the purposes 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;

(ix) the Massachusetts Life Sciences Center will: (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

(x) the investments of the Massachusetts Life Sciences Center wll support future statewide, comprehensive strategies to lead the nation in life sciences-related research, innovations and employment. 

SECTION 59. Section 2 of said chapter 23I, as so appearing, 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 60. 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 61. Section 3 of said chapter 23I is hereby amended by striking out subsection (b), as amended by section 133 of chapter 7 of the acts of 2023, 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: the secretary of administration and finance or a designee, who shall serve as co-chair; the secretary of economic development or a designee, who shall serve as co-chair; the president of the University of Massachusetts or a designee; and 6 members to be appointed by the governor, 1 of whom shall be a chief executive officer of a life sciences corporation based in the commonwealth who shall be a member of the board of directors of the Massachusetts Biotechnology Council, Inc., 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 who shall be a member of the board of directors of the Massachusetts Medical Device Industry Council, Inc., 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, Inc.

(2) Each appointed member of the board shall serve for a term of 5 years; provided, however, that in making the 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. A 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. An appointed director shall be eligible for reappointment. A director appointed by the governor may be removed from their appointment by the governor for cause.

SECTION 62. 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 63. 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 elect to appoint and employ a chief administrative and operational officer.

SECTION 64. Section 4 of said chapter 23I is hereby amended by striking out, in line 64, as so appearing, the word “Investment” and inserting in place thereof the following word:- Breakthrough.

SECTION 65. Subsection (a) of said section 4 of said chapter 23I is hereby amended by inserting after clause (23), as so appearing, the following clause:-

(231/2) 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, however, 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 made in support of a partnership with an institution of higher education or nonprofit corporation with a mission of supporting the life sciences; provided further, that a private university or business entity shall not be eligible for a grant unless the center has made a finding that a grant to such university or entity will result in a significant public benefit and the private benefit is incidental to a legitimate public purpose; and provided further, that grants shall be awarded in a manner that promotes geographic and social economic equity;.

SECTION 66. Said section 4 of said chapter 23I is hereby further amended by striking out, in line 159, as so appearing, the words “Investment Fund, established pursuant to section 5” and inserting in place thereof the following word:-  Breakthrough Fund, established in section 6.

SECTION 67. Subsection (a) of said section 4 of said chapter 23I is hereby amended by striking out clauses (31) and (32), as so appearing, 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 this chapter.

SECTION 68. Section 5 of said chapter 23I is hereby amended by striking out, in line 64, as so appearing, the word “Investment” and inserting in place thereof the following word:- Breakthrough.

SECTION 69. Said section 5 of said chapter 23I is hereby further amended by striking out, in line 107, as so appearing, the figure “5” and inserting in place thereof the following figure:- 3.

SECTION 70. Said chapter 23I is hereby further amended by striking out section 6, as so appearing, and inserting in place thereof the following section:- 

Section 6. (a) There shall be within the center a 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 to the fund; (ii) additional funds subject to the direction and control of the center; (iii) pension funds; (iv) federal grants or loans directed to the fund; (v) royalties or private investment capital that 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 that may be available to the center for the purposes of the fund from any other sources. Any funds deposited in the fund shall be available to the center for the purposes of 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  available for expenditure in the subsequent fiscal year.

(b) The center shall invest and reinvest the fund and the income thereof as follows:              

(i) making qualified investments pursuant to subsection (c); 

(ii) defraying the ordinary and necessary expenses for the administration and operation of the center; provided, however, that 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 that 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 that would reduce the amount of the fund to less than the minimum requirement established by the board, except to pay 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: 

(i) stimulating 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) making targeted investments, including research funding, proof of concept funding and funding for the development of devices, drugs or therapeutics and promoting manufacturing activities for new or existing advanced technologies and life sciences research; provided, however, 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 has made a finding that such funding will result in a significant public benefit and the private benefit is incidental to a legitimate public purpose; and provided further, that grants shall be awarded in a manner that promotes geographic, social and economic equity.

(iii) making 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 increasing and strengthening economic development, employment opportunities and commercial and industrial sectors in the field of life sciences; 

(iv) providing 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) providing fellowships, co-ops, high school internships, for which additional consideration shall be given to  socially or economically disadvantaged 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  socially or economically disadvantaged students enrolled full-time or part-time at a community college, loans and grants;

(vi) providing workforce training grants to prepare individuals for life sciences careers; 

(vii) providing funding for development, coordination and marketing of higher education programs; and

(viii) making 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;

(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 targeted investments in proof of concept funding for emerging technologies; 

(iv) a program to promote, in collaboration with the department of agricultural resources, the research and development of plant-made pharmaceuticals and industrial products through field trials;

(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 to 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;

(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; provided further, that the center shall not make such qualified equity investments unless the: (A) investment has been approved by a majority vote of the board; (B) recipient is a certified life sciences company under section 5; and (C) center finds, to the extent possible, that a definite benefit to the commonwealth's economy is reasonably be expected from the investment.

In evaluating a request or application for a qualified equity investment under clause (x), the center shall consider whether: 

(i) the proceeds of the qualified equity investment shall only be used to cover the seed capital needs of the enterprise except as hereinafter authorized; 

(ii) the enterprise has a reasonable chance of success; 

(iii) 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; 

(iv) the enterprise has reasonable potential to create a substantial amount of primary employment, as defined in section 1 of chapter 23G, in the commonwealth; 

(v) the enterprise’s principals have made or are prepared to make a substantial financial and time commitment to the enterprise;  (vi) the securities to be purchased shall be qualified securities; 

(vii) a reasonable possibility exists that the center shall, at a minimum, recoup its initial investment; 

(viii) binding commitments have been made to the center by the enterprise for adequate reporting of financial data to the center, which shall include 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 the board's right to access, without limitation, financial and other records of the enterprise; and 

(ix) a reasonable effort has been made to find a professional investor to invest in the enterprise and such effort was unsuccessful.

(e) The center shall not make a qualified investment pursuant 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 center finds, to the extent possible, that a definite benefit to the commonwealth's economy may reasonably be expected from the qualified investment; provided, however, that in evaluating a request or application for investment under this subsection, the center shall consider: 

(A) the appropriateness of the project; 

(B) whether the project has significant potential to expand employment in the commonwealth; 

(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; 

(iv) 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 such request shall be submitted to the secretary in writing and shall include, but not be limited to: 

(A) a description of the project or program to be funded; 

(B) the economic benefits to the commonwealth that 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 may determine; and 

(v) the investment conforms with the rules approved by the board; provided, however, that the rules 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 redit enhancing devices, as established by the center directly, on its own behalf or in conjunction with other public instrumentalities, private institutions or the federal government; provided further, that said 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 further, that the rules shall establish the terms, procedures, standards and conditions that the center shall utilize 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 such qualified investments; and provided further, that said rules shall provide for negotiated intellectual property agreements between the center and a qualified investment recipient that shall include 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, the center may develop a proposal creating a separate investment entity, which shall permit the commingling of the fund's resources with 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 senate and house of representatives, 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, 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 an expenditure 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 71. Subsection (a) of section 7 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 Life Sciences Breakthrough Fund established in section 6 to the Dr. Craig C. Mello Small Business Equity Investment Fund to implement this section.

SECTION 72. 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 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 73. Sections 9, 10 and 12 of said chapter 23I are hereby repealed.

SECTION 74. 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 75. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Center” the following definition:-

“Certified climatetech company”, a climatetech company that has been certified by the center for participation in the climatetech industry tax incentive program established in section 16.

SECTION 76. Section 1 of said chapter 23J, as so appearing, is hereby amended by inserting after the definition of “Clean energy research” the following 3 definitions:-               “Climatetech”, clean energy and any 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 and other advanced and applied research in new climatetech technologies. 

SECTION 77. 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” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 78. 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 79. 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 and 132, 136, 141, 169, 170 and 171, 177 and 179, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech. 

SECTION 80. Said section 3 of said chapter 23J, as so appearing, is hereby further amended by striking out, in lines 66 and 134, the words “Clean Energy” and inserting in place thereof, in each instance, the following words:- Climatetech.

SECTION 81. Section 5 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 26 and 28, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech. 

SECTION 82. 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” and inserting in place thereof, in each instance, the following word:- climatetech. 

SECTION 83. 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” and inserting in place thereof, in each instance, the following word:- climatetech. 

SECTION 84. Section 9 of said chapter 23J, as so appearing, is hereby amended by inserting after the word “energy”, in lines 24, 26, the first time it appears, 28, 29, 31, 32, 36, 41, 52, 54, 58,97, 105 and 134, each time it appears, the following words:- and climatetech. 

SECTION 85. Subsection (d) of said section 9 of said chapter 23J, as so appearing, is hereby amended by striking out clauses (i) to (v), inclusive, and inserting in place thereof the following 5 clauses:-

(i) the growth of the renewable energy-provider 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 resources by and for consumers in the commonwealth;

SECTION 86. 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, however, that climatetech technologies eligible for assistance shall be consistent with the definition of climatetech.

SECTION 87. Section 9A of said chapter 23J is hereby amended by striking out, in line 24, as so appearing, the words “clean energy” and inserting in place thereof the following word:- climatetech.

SECTION 88. Subsection (b) of said section 9A of said chapter 23J, as so appearing, is hereby amended by striking out clauses (11) and (12) and inserting in place thereof the following 4 clauses:- 

(11) provide funding for planning, technical and program support to enable a municipality or group of municipalities with an approved municipal load aggregation plan authorized pursuant to section 134 of chapter 164, or with approved aggregations authorized pursuant to section 137 of said chapter 164 and other private aggregations with plans approved by the center, to enter into a long-term contract to purchase electricity from an offshore wind developer;

(12) promote jobs and economic and workforce development through capital grants to companies and governmental entities to of support and stimulate 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 of this section.

SECTION 89. Said section 9A of said chapter 23J, as so appearing, is hereby further amended by inserting after the word “energy”, in line 132, the following words:- , climatetech. 

SECTION 90. Section 10 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 3 and 6, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech. 

SECTION 91. Section 13 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 1, 6, 7, 13, 14 and 15, 17, 18, 20, 23 and 24, 26, 33 and 34, 36 and 37, 42, 44, 49, 56, 64 and 75, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 92. Section 15 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 2 and 71, the words “Clean Energy” and inserting in place thereof, in each instance, the following word:- Climatetech.

SECTION 93. 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 and 31, 35 and 36, 38,  40, 42, 44 and 45, and in line 47, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.

SECTION 94. Subsection (b) of said section 15 of said chapter 23J, as so appearing, is hereby amended by striking out clauses (ix) and (x) and inserting in place thereof the following 3 clauses:- 

(ix) supporting the long-term coexistence and sustainability of the fishing and climatetech industries;

(x) promoting jobs and economic and workforce development through capital grants to companies and governmental entities to support and stimulate 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 95. Said chapter 23J is hereby further amended by adding the following section:-

Section 16. (a) There shall be within the center a climatetech industry tax incentive program that shall be administered by the center. The purpose of the program shall be to develop and expand climatetech industry-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. Certified climatetech companies shall be eligible for participation in the program. 

(b) The center may, upon a majority vote of the board, certify a company as a climatetech company 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 company and shall include, but not be limited to, an estimate of the projected new state revenue the company expects to generate during the period for which the company seeks certification together with a plan that shall include, but not be limited to: (A) precise goals and objectives by which the 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 those 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: (A) the company is likely to contribute substantially to research, development, innovation, manufacturing, commercialization or deployment of  climatetech  in the commonwealth; (B) the 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: (1) leveraging additional funding or attracting additional resources to the commonwealth; (2) increasing research, development, innovation, manufacturing, commercialization or deployment of climate technologies within the commonwealth; and (3) creating employment in the commonwealth; and (B) the 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 each 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 program.   

(3) Nothing in this subsection shall limit any legal remedies available to the commonwealth against any certified climatetech company. 

 (d) The center, in consultation with the department of revenue, may authorize incentives, including those established in subsections (ee) and (ff) of section 6 of chapter 62, subsection (j) of section 38M of chapter 63, sections 38OO, 38PP and 38QQ 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, which 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.

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 17. (a) There shall be a Clean Energy and Climate Action Trust Fund. The fund shall be credited with: (i) any appropriations, bond proceeds or other money authorized by the general court and specifically designated to be credited to the fund; (ii) federal grants or loans directed to the fund; (iii) any gifts, grants and private donations; and (iv) interest earned on the assets of the funds. The fund shall be administered by the center and funds shall be expended for the purpose of reducing emissions from the built environment with energy efficient retrofits and upgrades. Any balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not be transferred to any other fund or revert to the General Fund.

(b) Annually, not later than June 1, the executive director shall report on the activities of the fund from the previous calendar year to the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on environment and natural resources and the joint committee on housing.

SECTION 96. Section 18 of chapter 23N of the General Laws is hereby amended by striking out subsections (b) and (c) , as amended by section 137 of chapter 7 of the acts of 2023, and inserting in place thereof the following 2 subsections:- 

(b)  The fund shall be administered by the secretary of economic development. Money in the fund shall be competitively granted: (I) pursuant to existing workforce development programs that develop and strengthen workforce opportunities for low-income communities or vulnerable youth and young adults, including providing opportunities and strategies to promote stable employment and wage growth; or (ii) competitively granted to eligible recipients pursuant to 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, however, that the criteria shall include, but not be limited to, at-risk populations; provided further, that preference shall be given to eligible grant recipients providing opportunities for individuals who at least 2 of the following: (i) are under 30 years of age; (ii) are a victim of violence; (iii) are over 18 years of age and do not have a high school diploma; (iv) have been convicted of a felony; (v) have been unemployed or have had a family income below 250 per cent of the federal poverty level for not less than 6 months; (vi) live in a census tract where over 20 per cent of the populations fall below the federal poverty line; or (vii) have an intellectual, developmental or physical disability.

SECTION 97. Chapter 25A of the General Laws is hereby amended by inserting after section 11F1/2 the following section:-

Section 11F 2/3. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Carbon intensity”, the quantity of lifecycle greenhouse gas emissions associated with a unit of specific transportation fuel expressed in grams of carbon dioxide equivalent per megajoule of transportation fuel.

“Clean fuel”, transportation fuel with a carbon intensity level that is below the clean fuels carbon intensity standard in a given year.

“Credit”, a unit of measurement equal to 1 metric ton of carbon dioxide equivalent that serves as a quantitative measure of the degree to which a fuel provider’s transportation fuel volume is lower than the carbon intensity established by the clean fuel standard.

"Credit generator", a transportation fuel provider of a clean fuel for use in the commonwealth which, if the electricity is to be used as a transportation fuel, may include, but shall not be limited to including, automakers, electric charging providers, electric utilities and electric vehicle fleet operators.

“Deficit”, a quantitative measure of the degree to which a fuel provider’s volume of transportation fuel is greater than the carbon intensity than permissible according to the annual clean fuel standard.

“Full fuels lifecycle”, the aggregate of greenhouse gas emissions, including direct emissions and significant indirect emissions including, but not limited to, significant emissions from land use changes as determined by Argonne National Laboratory’s Greenhouse Gases, Regulated Emissions, and Energy Use in Technologies model or subsequent prevailing standard.

“Transportation fuel provider”, an entity that functions as an importer, blender, refiner, producer or wholesale retailer of transportation fuels or as a retailer of a clean fuel.

(b)(1) The department shall establish a clean fuel standard that: (i) reduces the aggregate carbon intensity of transportation fuels by 80 per cent from 1990 levels by 2050; (ii) establishes a mechanism for the generation and trading of credits at a market-based rate to offset carbon deficits; and (iii) supports clean energy and accessible transportation projects in disadvantaged communities.

(2) The department shall establish an annual schedule to phase in implementation of the clean fuel standard’s carbon intensity reduction that considers the: (i) cost of compliance; (ii) technologies available to fuel providers; and (iii) need to maintain fuel quality and availability; provided, however, that the aggregate carbon intensity of a transportation fuel shall be measured on a full fuels lifecycle basis; and provided further, that the full fuels lifecycle shall be assessed annually.

(c)(1) The clean fuel standard shall establish a mechanism that assigns credits to transportation fuel providers whose fuel or fuels’ carbon intensity is below the standards adopted by the department and a market for the trading of credits at a market-based rate. Credits shall be quantified based on the total emissions across the lifecycle of the provider’s fuel or fuels and the annual maximum allowable carbon emission intensity for that year; provided, however, that such credits may be applied to future obligations or be traded on a market mechanism established by the department to satisfy or offset compliance obligations of transportation fuel providers incurring a deficit.

(2) Fuel providers subject to the clean fuel standard shall comply by importing, blending, refining or wholesaling transportation fuels with an average aggregate carbon intensity that is at or below the standard as determined by the department or by purchasing credits to offset any aggregate deficit incurred from transportation fuels exceeding the average carbon intensity standard for that year.

(d) Public entities serving as credit generators including, but not limited to, utilities and state agencies, shall invest or direct a percentage, as determined by the department, of the entity’s overall credit value to support clean energy and accessible transportation projects in disadvantaged communities beyond existing local, federal and state incentives. The department shall establish criteria for projects and goals in consultation with credit generators, communities, community leaders and environmental justice advocates.

(e) The clean fuel standard shall not apply to fuels for aviation, railroad locomotives, military vehicles or interstate waterborne vessels to the extent such standards are preempted by federal laws or regulations.

(f) The department shall promulgate rules, regulations, plans, proposals, procedures and administrative fees as necessary and appropriate to effectuate a clean fuel standard and credit marketplace to ensure compliance with this section and offset the costs of implementation of the clean fuel standard.

SECTION 98. Chapter 29 of the General Laws is hereby amended inserting after section 2DDDDDD the following section:-

Section 2EEEEEE. (a) There shall be established and set up on the books of the commonwealth an Educator Diversity Fund. The commissioner of elementary and secondary education shall administer the fund. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources including, but not limited to, gifts, grants and donations. The commissioner shall expend funds for the purposes of furthering the establishment of plans and programs to increase educator diversity and professional development pertaining to evidence-based culturally responsive and linguistically sustaining pedagogy and practices in the commonwealth. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. No expenditure made from the fund shall cause the fund to be in deficit. Amounts received from private sources shall be approved by the commissioner of elementary and secondary education and subject to review before being deposited in the fund to ensure that pledged funds are not accompanied by conditions, explicit or implicit, that may be detrimental to the implementation of plans and programs to increase educator diversity or professional development pertaining to evidence-based culturally responsive and linguistically sustaining pedagogy and practices. The review shall be made publicly available on the department's website.

(b) The commissioner shall establish a grant program for public school districts, charter schools, nonprofits or community-based organizations and institutions of higher education. Grants shall be provided for the following purposes: (i) to assist public school districts and charter schools with the establishment of plans and programs to increase educator diversity, including, but not limited to, the development of in-house teacher residency programs, pathways focused on recruiting, developing, and supporting educators who are members of groups underrepresented in the educator workforce, and other promising practices to increase the recruitment and retention of diverse educators; (ii) for professional development and other training for educators and other district and school staff pertaining to evidence-based culturally responsive and linguistically sustaining pedagogy and practices; (iii) to assist public school districts and charter schools with the establishment of programs to incentivize diverse and highly effective educators to work or continue working in districts and charter schools with high concentrations of economically disadvantaged students or English learners; and (iv) to support other evidence-based strategies to increase educator diversity and culturally responsive and linguistically sustaining practices in public school districts and charter schools. The commissioner shall utilize funding from the fund and may apply for federal, state or other funding.

(c) Annually, not later than December 1, the commissioner shall report to the clerks of the senate and house of representatives, the joint committee on education and the senate and house committees on ways and means on activity of the fund. The report shall include, but not be limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of expenditures from the fund; (iii) grant recipients and the amount received by each recipient; (iv) anticipated revenue and expenditure projections for the next year; (v) the number of public school districts, charter schools, nonprofits or community-based organizations, and institutions of higher education that applied for, but were not granted, funding; and (vi) the impact of the grant program, including the expenditure of funds by grantees and an analysis of the types of programs created by said funds. The report shall be publicly available on the department's website.

SECTION 99. Subsection (b) of section 29K of said chapter 29, as appearing in the 2022 Official Edition, is hereby amended by adding the following paragraph:-              

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 said audit or compensation committees.

SECTION 100. 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 other general or special law to the contrary, a governmental body may 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; and (iii) the design, installation, maintenance and operation of a wireless communication network for a public building or public land or any combination thereof, in a single procurement conducted in accordance with section 5. Any 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 101. Section 20 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out, in line 10 and 11, the words “18 years” and inserting in place thereof the following words:- criminal majority.

SECTION 102. Section 24 of chapter 37 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the words “18 years” and inserting in place thereof the following words:- criminal majority.

SECTION 103. 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 in section 3B of chapter 23A,”.

SECTION 104. 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 105. 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 106. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 32 and 33, the words “as required by said regulations”. 

SECTION 107. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out clause (vii). 

SECTION 108. 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 109. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 91 and 92, the words “and the economic assistance coordinating council”.  

SECTION 110. 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 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 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. 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 111. 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 further, that the University of Massachusetts may leverage funding sourced from an agency to meet the match requirement. 

SECTION 112. Subsection (c) of section 6B of said chapter 40J, as amended by section 179 of chapter 7 of the acts of 2023, is hereby further amended by striking out the last sentence. 

SECTION 113. Chapter 40W of the General Laws is hereby repealed.

SECTION 114. Section 98F of chapter 41 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 22, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority.

SECTION 115. Section 2 of chapter 43D of the General Laws, as so appearing, is hereby amended by striking out the definition of “Interagency permitting board”.

SECTION 116. 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 permit regulator office in the executive office of economic development establishedin 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 of not less than 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; provided, however, that several parcels or projects may be included within a single priority development site. 

SECTION 117. Said chapter 43D is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-

(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, after consultation with the secretary of energy and environmental affairs, the secretary of housing and livable communities and the secretary of transportation, require by regulation or guidelines .

(b) The secretary shall by regulation or guidelines establish the criteria for designating priority development sites. These criteria shall include a preference for areas that include at least 1 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 building. 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 118. Section 11 of said chapter 43D, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) Permits shall not transfer automatically to successors in title except as provided in a local ordinance or by-law or in an applicable state law or regulation.

SECTION 119. Said chapter 43D is hereby further amended by striking out section 12, as so appearing, and inserting in place thereof the following section:-

Section 12. A municipality containing a priority development site shall receive priority consideration for: (i) grant programs administered by the executive office of economic development; (ii) state resources for business development including, but not limited to, 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.  Such state financial or technical assistance shall be used to facilitate development within the priority development site.  Priority consideration for such grants and other financial assistance shall apply only to a municipality that is in compliance with the multi-family zoning requirements under section 3A of chapter 40A, if applicable.

SECTION 120. Section 13 of said chapter 43D is hereby repealed.

SECTION 121. Section 1 of chapter 55 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the definition of “Candidate’s committee” the following definition:-

“Childcare services”, care services provided to a candidate’s child or dependent child including, but not limited to, baby-sitting services by an individual, nonprofit or for-profit organizations that provide such services and any other costs directly related to such services that occur as a result of campaign activities; provided, however, that expenses related to child-care services shall not include payments to a family member, as defined in section 1 of chapter 50, of a child, unless the family member owns, operates or is employed by a professional daycare or babysitting service or a nonprofit or for-profit organization that provides childcare services and the cost of the service is not greater than such family member would otherwise charge.

SECTION 122. Section 6 of said chapter 55, as so appearing, is hereby amended by inserting, after the word “to”, in line 64, the following words:- the provision of child-care services,.

SECTION 123. Chapter 61A of the General Laws is hereby amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-

Section 2. Land shall be considered to be in horticultural use when primarily and directly used in: (i) raising fruits, vegetables, berries, nuts and other foods for human consumption, feed for animals, tobacco, flower, sod, trees, nursery or greenhouse products and ornamental plants and shrubs for the purpose of selling such products or a product derived from such plants in the regular course of business; (ii) raising forest products under a certified forest management plan, approved by and subject to procedures established by the state forester, designed to improve the quantity and quality of a continuous crop for the purpose of selling these products in the regular course of business; or (iii) in a related manner which is incidental to those uses and represents a customary and necessary use in raising such products and preparing them for market or the products derived therefrom for market.

SECTION 124. Section 6 of chapter 62 of the General Laws is hereby amended by striking out, in line 149, as so appearing, 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 125. Paragraph (3) of subsection (g) of said section 6 of said chapter 62 is hereby amended by striking out the last sentence, as amended by section 215 of chapter 7 of the acts of 2023, 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 126. 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 127.  Said section 6 of said chapter 62 is hereby further amended by striking out subsection (t), as amended by section 215 of chapter 7 of the acts of 2023.

SECTION 128. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 1422, as appearing in the 2022 Official Edition, the figure “50” and inserting in place thereof the following figure:- 10.

SECTION 129. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 1468, as so appearing, the word “its” and inserting in place thereof the following words:- the owner’s.

SECTION 130. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 1488, as so appearing, the words “owner’s capital investment in” and inserting in place thereof the following words:- total leasable square footage of. 

SECTION 131. Said section 6 of said chapter 62 is hereby further amended by striking out, in lines 1489 and 1490,  as so appearing, the words “, in the aggregate with other tenants at the offshore wind facility, not less than 200” and inserting in place thereof the following words:- not less than 50. 

SECTION 132. Said section 6 of said chapter 62, as most recently amended by section 23 of chapter 50 of the acts of 2023, is hereby further amended by adding the following 3 subsections:- 

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

“Capital investment”, expenses incurred for the site preparation and construction, repair, renovation, improvement or equipping of a building, structure or 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”, as defined in section 1 of chapter 23J.

“Climatetech facility”, any building, complex of buildings or structural components of buildings, including access infrastructure and 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 not less than 50 years.   

“Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a 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 take a refundable credit against the taxes imposed by this chapter in an amount, as determined by the center, of not more than 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 with 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 the: (i) owner is a certified climatetech company; (ii) owner's total capital investment in the climatetech facility is not less than $5,000,000; and (iii) climatetech facility will 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 under this subsection if the tenant demonstrates to the center that the: (i) tenant is a certified climatetech company; (ii) owner has made a total capital investment in the facility that is not less than $5,000,000; (iii) 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) tenant will employ not less 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 necessary to administer the credit established in this section. 

(ff)(1) 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 in this chapter in an amount determined by the Massachusetts clean energy technology center, 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 to be determined by the commissioner.

(gg)(1) An employer engaged in business within the commonwealth that is not a business corporation subject to the excise under chapter 63 may be allowed a credit 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 by 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 within the commonwealth; (ii) the intern shall have been employed as a qualified intern by the employer for not less than 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 such intern is 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 under this subsection and section 38RR 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 38RR of chapter 63 and shall allocate the credit in accordance with the standards and requirements set forth in regulations promulgated under 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 file an annual 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: (i) total amount of tax credits claimed under this subsection and section 38RR of chapter 63; (ii) the number of participating interns; and (iii) the number of participating employers; provided, however, that in the fourth submission of the annual report, the secretary of economic development shall provide an assessment of the effectiveness of the credit offered under this subsection and said section 38RR of said 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 conclusions of the internship to evaluate whether former interns are both employed and domiciled in the commonwealth after the internship. Said information must be shared in a manner that prevents the identification of particular tax returns.

SECTION 133.  Subsection (a) of section 31M of chapter 63 of the General Laws, as appearing in the 2022 Official Edition, 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 134.  Section 38M of said chapter 63, as so appearing, is hereby amended by striking out, in lines 120 and 121, the words “and (ii) equipment for the 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, medicines and medical supplies that can be used to diagnose, prevent or treat diseases related to chemical, biological, radiological or nuclear threats, biologic products, vaccines, blood products, antibodies, antimicrobial or antiviral drugs, diagnostic tests to identify threat agents and personal protective equipment.

SECTION 135. 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”, shall have the same meaning as ascribed to it in section 1 of chapter 23J. 

“Climatetech company”, shall have the same meaning as ascribed to it 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 136. 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 a certified climatetech company subject to the taxes imposed by chapter 62, 63, 64H or 64I.

SECTION 137. Said section 38M of said chapter 63, as so appearing, is hereby further 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 138. Section 38N of said chapter 63 is hereby amended by striking out subsection (a), as so  appearing, and inserting in place thereof the following subsection:- 

(a) As used in this section, “Certified project”, “EACC”, “EDIP contract”, “Proportion of compliance” and “Refundable credit” shall have the same meanings as ascribed to them in section 3A of chapter 23A.

SECTION 139. 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 140. 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 141. The second paragraph of subsection (c) of said section 38N of said chapter 63, as amended by section 229 of chapter 7 of the acts of 2023 , 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 142. Said section 38N of said chapter 63 is hereby further amended by striking out, in line 46, as appearing in the 2022 Official Edition, the words “31A or”. 

SECTION 143. 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 144.  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 145. Section 38LL of said chapter 63, as so appearing, is hereby amended by striking out, in line 9, the figure “50” and inserting in place thereof the following figure:- 10 

SECTION 146. Section 38MM of said chapter 63, as so appearing, is hereby amended by striking out, in line 28, the word “its” and inserting in place thereof the following words:- the owner’s.

SECTION 147. Said section 38MM of said chapter 63, as so appearing, is hereby further amended by striking out, in lines 47 and 48, the words “owner’s capital investment in” and inserting in place thereof the following words:- total leasable square footage of.  

SECTION 148. Said section 38MM of said chapter 63, as so appearing, is hereby further amended by striking out, in lines 48 to 50, inclusive, the words “, in the aggregate with other tenants at the offshore wind facility, not less than 200” and inserting in place thereof the following words:- not less than 50.

SECTION 149. Said chapter 63 is hereby further amended by inserting after section 38MM the following 4 sections:- 

 Section 38OO.  (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:   

“Capital investment”, expenses incurred for the site preparation and construction, repair, renovation, improvement or equipping of a building, structure or 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 as defined in section 1 of chapter 23J.

“Climatetech facility”, a 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 not less than 50 years.   

“Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a 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 take a refundable credit against the taxes imposed by this chapter in an amount, as determined by the center, of not more than 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 under this section if the owner demonstrates to the center that the: (i) owner is a certified climatetech company; (ii) owner's total capital investment in the climatetech facility equals not less than $5,000,000; and (iii) climatetech facility will 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 under this section if the tenant demonstrates to the center that the: (i) tenant is a certified climatetech company; (ii) owner’s total capital investment in the facility equals not less than $5,000,000; (iii) 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) tenant shall employ not less 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 necessary to administer the credit established in this section.

Section 38PP. (a) A taxpayer may, to the extent authorized pursuant to the climatetech tax incentive program established in 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 the Internal Revenue Code; provided, that 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 defined in said section 41 of said Code unless the context requires otherwise. 

In determining the amount of the credit allowable under this section, the commissioner of revenue may aggregate the activities of all corporations that are members of a controlled group of corporations as defined by 41(f)(1)(A) of the Internal Revenue 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. 

(b) For a qualified climatetech company, research and development costs, within the meaning of section 41 of said Code, shall include, those qualified research expenditures that are performed both inside and outside the commonwealth. 

(c) 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 the Internal Revenue Code shall be based upon its cost less the credit allowable under this section; provided, however, that section 280C(c) of said Code shall not apply. 

(d) The credit allowed hereunder for any taxable year shall not reduce the excise to less than the amount due under subsection (b) of section 39, section 67 or any other general or special law. 

(e) 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 Internal Revenue Code for the 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. 

(f) 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 section 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 said subsections (d) and (e). Unused and 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. 

(g) A corporation entitled to a credit under this section for a 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 under subsection (f). 

(h) The commissioner of revenue shall promulgate regulations necessary to carry out this section. 

Section 38QQ. (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 38RR. (a)  A business corporation engaged in business in the commonwealth shall be allowed a credit each taxable year against its excise due under 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 by this section exceeds the tax otherwise due under this chapter, 100 per cent of the balance of the 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, the: (i)  intern shall be enrolled in or a recent graduate of a public or private institution of higher education located in the commonwealth; (ii) intern shall have been employed as a qualified intern by the employer for not less than 12 weeks in the taxable year for which the credit is claimed; and (iii) 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 taxable years. An intern shall not be qualified if such 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 section 6 of chapter 62.

(c) The total cumulative value of the credits authorized in this section and subsection (gg) 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 of revenue, shall authorize, administer and determine eligibility for the tax credit pursuant to this section and subsection (gg) 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 of revenue, 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: (i) total amount of tax credits claimed pursuant to this section and subsection (gg) of section 6 of chapter 62; (ii) number of participating interns; and (iii) number of participating employers. In the fourth submission of the annual report, the secretary of economic development shall also provide an assessment of the effectiveness of the credit offered under this section and under said subsection (gg) of said section 6 of said 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 internships to evaluate whether former interns are both employed and domiciled in the commonwealth after their internship. Such information shall be shared in a manner that prevents the identification of particular tax returns.

SECTION 150. 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 151. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by adding the following paragraph:- 

(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. 

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

“Climatetech”, shall have the meaning ascribed to it in section 1 of chapter 23J.  

“Climatetech company”, shall have the same meaning ascribed to it 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.

SECTION 152. Section 1B of chapter 69 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

The board shall promulgate regulations requiring that all approved programs for teachers  shall include instruction on the appropriate use of augmentative and alternative communication and other assistive technologies. The board may require that individual professional development plans required by section 38G of chapter 71 address the learning needs of students who are nonverbal or have limited speech requiring augmentative and alternative communication.

SECTION 153. Said chapter 69 is hereby further amended by inserting after section 36 the following section:-

Section 37. (a) Notwithstanding any general or special law to the contrary, the department shall set measurable educator diversity goals for the state and collect and publish a report on statewide educator diversity data on the department’s website, which shall include such goals.  The data shall, include but not be limited to: (i) the hiring and retention of diverse educators; (ii) the racial and ethnic demographics of educators who complete Massachusetts state educator preparation programs; (iii) the racial and ethnic demographics of all persons applying for and completing educator certification in the commonwealth; and (iv) teacher qualification data. Annually, not later than June 30,  the department shall  share the report required under this section with the board of elementary and secondary education and the clerks of the senate and house of representatives and the joint committee on education.

(b) Public school districts and charter schools shall collect and report to the department educator diversity data in a manner prescribed by the department; provided, however, that the department shall utilize existing reporting mechanisms and schedules to collect educator diversity data and outcomes.

SECTION 154. The second paragraph of section 38G of chapter 71 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- . The board shall ensure that the established requirements for such certificates provide necessary accommodations for a person with a disability as required by all applicable state and federal laws.

SECTION 155. Said section 38G of said chapter 71, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraph:-

The department of elementary and secondary education shall, in consultation with relevant stakeholders, develop additional pathways for granting educator certification based on the alternative assessment pilot authorized in 603 CMR 7.04(2)(f) that may be used to satisfy the testing requirements of this section.

SECTION 156. Said section 38G of said chapter 71, as so appearing, is hereby further amended by inserting after the twenty-fourth paragraph the following paragraph:-

In addition to the requirements of this section, the department shall incentivize all educators and administrators to be trained in strategies related to evidence-based culturally responsive and linguistically sustaining pedagogy and practices. The department may consider incentives including, but not limited to, certification fee waivers, resources curated and published by the department, professional development opportunities, grants and optional training during the certification and recertification process.

SECTION 157. Said chapter 71 is hereby further amended by inserting after section 38G ½ the following section:-

Section 38G ¾. (a) To promote a diverse educator workforce, the department shall:

(1) establish guidelines for plans to increase diversity among teaching, administration, and staff positions in school districts as defined in section 2 of chapter 70 and charter schools, as defined in section 89. The guidelines shall include, but not be limited to, recommended policies designed to help districts and schools: (i) identify and eliminate discriminatory barriers to hiring in a district or school; (ii) identify, recruit and hire employees who are members of groups underrepresented in the educator workforce; (iii) develop, promote and retain employees who are members of groups underrepresented in the educator workforce; and (iv) promote equal opportunity in employment for educators; provided, however, that in developing such guidelines, the department shall consult with relevant stakeholders, including experts and school leaders from public school districts and charter schools that have experienced significant increases in hiring and retaining diverse educators;

(2) establish a process for reviewing plans based on clearly defined criteria; provided, however, that a public school district or charter school shall amend any plan deemed not to conform with the requirements of this section; and provided further, that a public school district or charter school shall be deemed to have satisfied the requirements of this section if it has prioritized diversity in its 3-year plan required by section 1S of chapter 69 or in any other strategic plan developed by the district; and

(3) require approved educator preparation programs to implement plans to examine and address barriers to equity in program enrollment and completion; provided, however, that the plans shall be required as part of the educator preparation program approval process and the department shall make each program’s plan publicly available. The department shall establish guidelines for educator preparation program plans.

(b) The board of elementary and secondary education shall review progress on educator diversity on a regular basis and may provide further recommendations to districts and schools regarding educator diversity.

SECTION 158. Said chapter 71 is hereby further amended by adding the following section:-

Section 100. (a) Public school districts and charter schools shall appoint or hire a diversity, equity and inclusion officer or establish a diversity team. The role and responsibilities of a diversity officer or team may be assigned to an existing school employee or existing school entity. A diversity officer or team shall report directly to the superintendent of the school. Diversity officers or teams shall coordinate their school district’s compliance with the requirements of this section and applicable federal and state laws.. Each school district and charter school shall post information on its diversity officer or team on a publicly accessible website.

(b) Public school districts and charter schools shall establish a process for advising the school committee or board of trustees on matters of diversity, equity and inclusion in the school district or charter school which may include establishing an educator diversity council consisting of educators, administrators, parents or caregivers and students and which shall meet regularly with the superintendent or the diversity officer or teams and the school committee or board of trustees. For such councils that are established, members shall, to the best ability of a school district or charter school, represent a diversity of identities including, but not limited to race, ethnicity, culture, immigration status, sex, gender, sexual orientation, religion, disability and socioeconomic level. The school committee or board of trustees may appoint a member of the committee to serve as an ex-officio member of the educator diversity council.

(c) Pursuant to guidelines established by the Massachusetts commission against discrimination, in consultation with the department, superintendents, school committee members, boards of trustees members, district leaders, principals and school district employees shall attend diversity and implicit bias training every 2 years; provided, however, that training completed during certification or recertification pursuant to section 38G of chapter 71 shall satisfy this requirement for the year in which the training was completed.

SECTION 159. Section 18 of chapter 74 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The state department shall establish basic competency-based vocational-technical teacher training standards which shall serve as the fundamental, pedagogical requirements for beginning vocational-technical instructors. The department shall further require that all persons seeking to meet the department's requirements shall have successfully passed performance and written tests in areas as determined by the board or shall have satisfied alternative measures of proficiency established by the board and shall have successfully completed an approved seminar on teaching skills and methods.

SECTION 160. Section 2E of chapter 90 of the General Laws, as most recently amended by chapter 28 of the acts of 2023, is hereby amended by adding the following subsection:

(e) The registrar shall furnish, upon application, to an owner of a private passenger motor vehicle distinctive registration plates that shall display on its face a design celebrating state parks. Any such person who bears such plates shall be provided the same benefits as a parking season pass holder. The design of the plate theme shall be determined by the department of conservation and recreation, in consultation with and subject to the approval of the registrar. There shall be a fee of not less than $100 dollars for such plates in addition to the established registration fee for private passenger motor vehicles and such fee shall be paid at the time of registration of the vehicle and at each renewal thereof. The portion of the total fee remaining after the deduction of costs directly attributable to the issuance of such plates shall be deposited in the State Parks Preservation Trust Fund established in section 35DD of chapter 10.

SECTION 16`. Section 34A of said chapter 90, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 102, the words “at least twenty thousand dollars” and inserting in place thereof the following words:- not less than $50,000.

SECTION `62. Said section 34A of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 104 and 105, the words “at least forty thousand dollars” and inserting in place thereof the words:- not less than $100,000.

SECTION 163. Section 34O of said chapter 90, as so appearing, is hereby amended by striking out, in line 17, the words “five thousand dollars” and inserting in place thereof the following figure:- $30,000.

SECTION 164. The General Laws are hereby amended by inserting after chapter 93L the following chapter:-

Chapter 93M

Portable Wireless Device Repair Act

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

"Authorized repair provider”, an individual or business who is unaffiliated with a manufacturer and who has an arrangement with the manufacturer under which the manufacturer grants to the individual or business a license to use a trade name, service mark or other proprietary identifier for the purposes of offering the services of diagnosis, maintenance or repair of portable wireless devices under the name of the manufacturer or other arrangement with the manufacturer to offer such services on behalf of manufacturer; provided, however, that a manufacturer who offers the services of diagnosis, maintenance or repair of portable wireless devices manufactured by the manufacturer or on its behalf, or sold or otherwise supplied by the manufacturer, and who does not do so exclusively through at least 1 arrangement as described herein, shall be considered an authorized repair provider with respect to such equipment.

"Documentation", a manual, diagram, reporting output, service code description, schematic, security code or password or other information used in effecting the services of diagnosis, maintenance or repair of portable wireless devices.

“Fair and reasonable terms”, costs and terms for obtaining a part, tool or documentation that are equivalent to the most favorable costs and terms under which the manufacturer offers the part, tool or documentation to an authorized repair provider accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use or other incentive or preference the manufacturer offers to an authorized repair provider or any additional cost, burden or impediment the manufacturer imposes on an owner or independent repair provider; provided, however, that for documentation, including any relevant updates, “fair and reasonable terms” shall mean at no charge, except that, when the documentation is requested in physical printed form, a charge may be included for the reasonable actual costs of preparing and sending the copy.

"Independent repair provider", an individual or business operating in the commonwealth, who does not have an arrangement as an authorized repair provider with a manufacturer and who is not affiliated with any individual or business who has such an arrangement with the manufacturer, that is engaged in the services of diagnosis, maintenance or repair of portable wireless devices; provided, however, that “independent repair provider” shall include a manufacturer or an individual or business who has an arrangement with that manufacturer, or who is affiliated with an individual or business who has such an arrangement with that manufacturer, that engages in the services of diagnosis, maintenance or repair of portable wireless devices that is not manufactured by or on behalf of, or sold or otherwise supplied by, that manufacturer.

"Manufacturer", a business engaged in the business of selling, leasing or otherwise supplying new portable wireless devices, or parts of equipment, manufactured by or on behalf of itself, to any individual or business.

"Owner", an individual or business who lawfully acquires a portable wireless device purchased or used in the commonwealth.

“Part”, a replacement part, either new or used, made available by or to a manufacturer for purposes of effecting the services of maintenance or repair of portable wireless devices manufactured by or on behalf of, sold or otherwise supplied by the manufacturer.

“Portable Wireless Device”, a handheld product that includes a battery, microphone, speaker and display designed to send and receive transmissions through a cellular radiotelephone service.

“Tool”, a software program, hardware implement or other apparatus used for diagnosis, maintenance or repair of portable wireless devices, including software or other mechanisms that provision, program or pair a part, calibrate functionality or perform any other function required to bring the product back to fully functional condition.

"Trade secret", anything tangible or intangible or electronically stored or kept that constitutes, represents, evidences or records intellectual property, including secret or confidentially held designs, processes, procedures, formulas, inventions or improvements, secrets of confidentially held scientific, technical, merchandising, production, financial, business or management information or anything within the definition in 18 U.S.C. 1839(3).

Section 2. Manufacturers of portable wireless devices or parts for such equipment, manufactured by the manufacturer or on its behalf, or sold or otherwise supplied by the manufacturer in the commonwealth shall make available to owners of such devices and to independent repair providers, on fair and reasonable terms, documentation, parts and tools, inclusive of any updates, for purposes of diagnosis, maintenance or repair of such devices. Nothing in this section shall require a manufacturer to make available a part that is no longer available to the manufacturer.

Section 3. Manufacturers that sell any diagnostic, service or repair information to any independent repair provider or any other third-party provider in a format that is standardized with other manufacturers and on terms and conditions more favorable than the manner and the terms and conditions pursuant to which an authorized repair provider obtains the same diagnostic, service or repair information shall be prohibited from requiring any authorized repair provider to continue purchasing diagnostic, service or repair information in a proprietary format unless such proprietary format includes diagnostic, service or repair information or functionality that is not available in such standardized format.

Section 4. Nothing in this chapter shall require a manufacturer to divulge a trade secret, except as necessary to provide documentation, parts and tools on fair and reasonable terms.

Section 5. Nothing in this chapter shall require manufacturers or authorized repair providers to provide an owner or independent repair provider access to non-diagnostic and non-repair information provided by a manufacturer to an authorized repair provider pursuant to the terms of an authorizing agreement.

Section 6. (a) The attorney general may initiate an action to seek an injunction to restrain any violations of this chapter and seek any relief authorized in chapter 93A.

(b) Prior to initiating any action under this section against an individual or a business, the attorney general shall provide the individual or business 30 days’ written notice identifying the specific provisions of this chapter the attorney general alleges have been or are being violated; provided, however, that if within the 30-day period the individual or business cures the noticed violation and provides the attorney general a written statement that the alleged violations have been cured and that no such further violations shall occur, no action shall be initiated against the individual or business. Written notice by the attorney general shall be delivered by certified mail and by first-class mail with proof of mailing. If an individual or business continues to violate this chapter following this cure period or breaches an express written statement provided to the attorney general under this subsection, the attorney general may initiate an action pursuant to subsection (a).

Section 7. Nothing in this chapter shall apply to a device approved by the United States Food and Drug Administration.

SECTION 165. Section 32H of chapter 94C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 34 and 35, the words “, 18 years of age or older” and inserting in place thereof the following words:- who has attained the age of criminal majority and has been.

SECTION 166. Said section 32H of said chapter 94C, as so appearing, is hereby further amended by striking out, in line 36, the figure “18” and inserting in place thereof the following words:- the age of criminal majority.

SECTION 167. Section 32M of said chapter 94C, as so appearing, is hereby amended by striking out, in line 1, the word “eighteen” and inserting in place thereof the following words:- criminal majority.

SECTION 168. Said section 32M of said chapter 94C, as so appearing, is hereby further amended by striking out, in line 6, the figure “18” and inserting in place thereof the following words:- criminal majority.

SECTION 169. Section 36 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “his eighteenth birthday” and inserting in place thereof the following words:- the age of criminal majority.

SECTION 170. 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 have the following meanings unless the context clearly requires otherwise:

“Charger”, a device having at least 1 charging port and connector for charging electric vehicles; provided, however, that “charger” shall also mean electric vehicle supply equipment.

“Charging network provider”, an entity that operates a digital communication network that remotely manages chargers which may include charging station operators and manufacture chargers.

“Charging station”, a charger or group of chargers and the area in the immediate vicinity of such charger or group of chargers, which may include, at the discretion of the regulating entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress and egress; provided, however, that a “charging station” may comprise only part of the property on which it is located.

“Charging station operator”, an entity that owns or provides chargers and supporting equipment and facilities at charging stations and is responsible for the operation and maintenance of the chargers and supporting equipment and facilities; provided, however, that such operator may delegate responsibility for certain aspects of the charging station operation and maintenance to subcontractors.

“Connector”, a device that attaches an electric vehicle to a charging port to transfer electricity; provided, however, that “connector” shall also mean a plug.

“Direct current fast charger”, a charger that enables rapid charging by delivering direct-current electricity directly to an electric vehicle’s battery.

“Electric vehicle”, a battery-powered electric vehicle that is either a zero-emission vehicle or a plug-in hybrid electric vehicle equipped with an on-board electrical energy storage device that can be recharged from an external source of electricity and has the capability to run on another fuel; provided, however, that “electric vehicle” shall not include a golf cart, electric bicycle or other micromobility device.

“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 related billing services, networking and operation and maintenance.

“Electric vehicle supply equipment”, a device, including at least 1 charging port and connector, for charging electric vehicles; provided, however, that “electric vehicle supply equipment” shall also mean a charger.

“Level 1”, a galvanically-connected electric vehicle supply equipment with a single-phase input voltage nominally 120 volts alternating current and a maximum output current of not more than 16 amperes alternating current.

“Level 2”, a galvanically-connected electric vehicle supply equipment with a single-phase input voltage range from 208 volts to 240 volts, inclusive, alternating current and a maximum output current of not more than 80 amperes alternating current.

“Public electric vehicle charging station”, an electric vehicle charging station located at a publicly-available parking space.

''Publicly-available parking space'', a parking space that has been designated by a property owner or lessee to be available to and accessible by the public and may include on-street parking spaces and parking spaces in surface lots or parking garages; provided, however, that “publicly-available parking space” shall not include a parking space that is part of or associated with residential property containing not more than 4 dwelling units or that is reserved for the exclusive use of an individual driver or vehicle or  group of drivers or vehicles, including employees, tenants, visitors, residents of a common interest development and residents of an adjacent building.

“Publicly-funded and available charging station", a public electric vehicle charging station installed on or after January 1, 2025 that has received, or expects to receive, a grant, loan or other incentive from a federal or state government source or through a charge on ratepayers and is located at a publicly available parking space.

(b) The division of standards shall promulgate regulations to: (i) inventory the number and location of charging stations; and (ii) ensure the accuracy of pricing and volumes of electricity purchased at public electric vehicle charging stations; provided, however, that, with respect to public electric vehicle charging stations, such regulations shall include setting minimum requirements for the communication and display of pricing information; provided further, that the division shall not prevent a charging station from operating due to an omission or inability of the division to test, inspect, seal or inventory the charging station or otherwise administer and enforce such regulations or, in the case of a public electric vehicle charging station, due to an omission or inability to ensure the accuracy of pricing and volumes of electricity purchased at, and information communicated by, such public electric vehicle charging station.

(c) Regulations promulgated pursuant to this section may vary by technology type, power levels, number of chargers per site, site ownership and according to whether charging stations and chargers are: (i) networked; (ii) level 1, level 2 or direct current fast chargers; or (iii) all-inclusive mobile solar charging stations. Such regulations shall not apply to chargers or charging stations installed at a residential property containing not more than 4 dwelling units.  The division may set standards for data formats that comply with electric vehicle charging industry best practices and standards, as determined by the division.

(d) Annually, not later than May 1, the division shall submit a report and accompanying data with respect to the inventory required under subsections (b) and (c) and other findings made and activities undertaken pursuant to said subsections (b) and (c) to the joint committee on ways and means, the joint committee on telecommunications, utilities and energy, the secretary of energy and environmental affairs and the secretary of administration and finance.

(e) In promulgating regulations under this section, the division may apply different requirements to publicly-funded and available electric vehicle chargers and other charging stations.

SECTION 171. Chapter 100A of the General Laws is hereby amended by adding the following section:-

Section 15. There shall be within the division of insurance an auto body labor rate advisory board to address any issues related to auto body labor rates. The advisory board shall consist of: (i) 1 person appointed by the commissioner of insurance; (ii) 1 person appointed by the attorney general; (iii) 1 person appointed by the director of standards; 3 persons selected from the auto insurance industry by the Automobile Insurers Bureau of Massachusetts, 1 of whom shall be chosen by the 3 persons to serve as co-chair; 3 persons selected from the auto repair industry from different geographic regions of the commonwealth by the Alliance of Automotive Service Providers of Massachusetts, Inc.,  1 of whom shall be chosen by the 3 persons to serve as co-chair; 1 person selected by the Massachusetts State Automobile Dealers Association, Inc; and 4 persons to be appointed by the co-chairs, 1 of whom shall be from vocational-technical schools, 2 of whom shall be from a consumer advocacy group and 1 of whom shall be an economist with expertise on the insurance industry. 

The advisory board shall meet not less than 2 times a year. The advisory board shall be responsible for creating, implementing and overseeing an annual survey given to relevant auto body shops. The survey shall compile data pertaining to contracted hourly labor rates, posted hourly labor rates, prevailing hourly labor rates and any additional information the advisory board deems relevant. The advisory board shall collect industry data including, but not limited to: (i) labor rates in neighboring states; (ii) auto body shop costs; (iii) total labor costs; (iv) inflation data; (v) work force data; (vi) vocational-technical school trends; (vii) insurance premiums; and (viii) any additional information as requested by the advisory board. The results of the survey and the data collected shall be reviewed and analyzed by the advisory board annually and the board shall make recommendations for a fair and equitable labor rate. 

Annually, not later than December 31, the advisory board shall file a report of its findings, conclusions and any recommendations with the clerks of the senate and house of representatives, the joint committee on financial services, the senate and house committees on ways and means and the division of insurance.

SECTION 172. Chapter 111 of the General Laws is hereby amended by striking out section 27D, as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-

Section 27D. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-

“Board of health”, any body politic or political subdivision of the commonwealth that acts as a board of health, public health commission or a health department for a municipality, region or district including, but not limited to, municipal boards of health, regional health districts established pursuant to section 27B and boards of health that share services pursuant to section 4A of chapter 40.

“Foundational capabilities”, cross-cutting skills and capacities needed to support basic public health programs and other protections and activities including, but not limited to: (i) assessment and surveillance; (ii) emergency preparedness and response; (iii) policy development; (iv) communications; (v) community partnership development; (vi) organizational administrative competences; (vii) data-driven interventions; or (viii) accountability and performance management.

“Foundational public health services”, a nationally recognized framework for a minimum set of public health service, including, but not limited to, public health programs and foundational capabilities.

“Public health programs”, programs that include, but shall not be limited to: (i) communicable disease control; (ii) public health nursing services; (iii) epidemiology; (iv) food and water protection; (v) chronic disease and injury prevention; (vi) environmental public health; (vii) maternal, child and family health; or (viii) access to and linkage with clinical care, where applicable.

(b) The department, in consultation with municipalities and other stakeholders, shall establish a state action for public health excellence program to: (i) provide uniform access for every resident to foundational public health services; provided, however, that foundational public health services shall further equity, including for historically underrepresented communities; (ii) assist boards of health in adopting practices to improve the efficiency and effectiveness of the delivery of foundational public health services; (iii) develop a set of standards for foundational public health services across the commonwealth; and (iv) promote and provide adequate resources for boards of health that shall include, but shall not be limited to: (A) supporting boards of health to meet the standards established pursuant to clause (iii) and pursuant to subsection (c) to improve municipal and regional health systems; (B) increasing cross-jurisdictional sharing of public health programs to strengthen the service delivery capabilities of municipal and regional public health systems; (C) improving planning and system accountability of municipal and regional public health systems, including, but not limited to, statewide data collection and reporting systems; (D) establishing workforce credentialing standards, including, but not limited to, education and training standards for municipal and regional public health officials and staff; and (E) expanding access to professional development, training and technical assistance for municipal and regional public health officials and staff.

(c) The standards for local foundational public health services developed pursuant to clause (iii) of subsection (b) shall include, but not be limited to: (i) standards for inspections, epidemiology and communicable disease investigation and reporting, permitting and other local public health responsibilities as required by law or under regulations of the department or the department of environmental protection; (ii) workforce education, training and credentialing standards; and (iii) standards for contributing required data. The standards shall consider applicable national standards and shall be developed in consultation with local boards of health, public health organizations, academic experts in the field of public health and members of the special commission on local and regional public health established in chapter 3 of the resolves of 2016.

(d)(1) Subject to appropriation, boards of health shall implement and comply with the standards developed pursuant to subsections (b) and (c), individually or through cross-jurisdictional sharing of public health programs in the form of comprehensive public health districts, formal shared services or other arrangements for sharing public health programs.

(2) Annually, not later than August 31, boards of health shall submit a report to the department shall include information demonstrating compliance with the standards pursuant to subsections (b) and (c) during the preceding fiscal year.

(e) Subject to appropriation, the department and the department of environmental protection shall, according to each agency’s jurisdiction and authority, provide comprehensive core public health educational and training opportunities and technical assistance to municipal and regional public health officials and staff to support such officials in obtaining credentials and foundational capabilities required by the standards developed pursuant to subsections (b) and (c); provided, however, that such educational and training opportunities and technical assistance shall be offered in diverse geographic locations throughout the commonwealth or online. The department and the department of environmental protection may contract with other state agencies or external entities to provide said educational and training opportunities and technical assistance and shall provide such training opportunities and technical assistance free of charge.

(f)(1) Subject to appropriation, the department shall provide funds to boards of health to implement and comply with the standards developed pursuant to subsections (b) and (c), including through cross-jurisdictional sharing of public health programs in the form of comprehensive public health districts, formal shared services and other arrangements for sharing public health programs.

(2) The funds under this subsection may be used to provide:

(i) grants and technical assistance to municipalities that demonstrate limited operational capacity to meet local public health responsibilities as required by law or regulations;

(ii) competitive grants to increase the efficiency and effectiveness of the delivery of public health programs across not less than 2 municipalities through:

(A) expanding shared services arrangements to include more municipalities;

(B) expanding shared services arrangements to provide a more comprehensive and equitable set of public health programs or sustainable business model; or

(C) supporting new cross-jurisdictional sharing arrangements; provided, however, that grants provided pursuant to this clause shall supplement and shall not replace existing state, local, private or federal funding to boards of health and regional health districts; provided further, that boards of health shall apply for funds pursuant to this clause in a manner determined by the department; provided further, that the application shall include, but not be limited to: (I) a description of how the applicant will increase the efficiency and effectiveness in the delivery of public health programs; (II) certification by the applicant that, at the time of the application, the applicant meets or will use funding to meet workforce standards as determined by the department; (III) certification that the applicant shall submit written documentation on the implementation of systems to increase efficiency in providing local public health programs, including data, to the department in a manner to be prescribed by the department; and (IV) the applicant’s plan for the long-term sustainability of strengthening local public health programs; provided further, that the department shall adopt rules, regulations or guidelines for the administration and enforcement of this clause including, but not limited to, establishing applicant selection criteria, funding priorities, application forms and procedures, grant distribution and other requirements; and provided further, that not less than 33 per cent of the grants awarded shall be distributed to municipalities with a median household income below the median income of the commonwealth; and

(iii) annual noncompetitive funding to ensure that all residents of the commonwealth are provided with foundational public health services that meet or exceed the standards set pursuant to this section; provided, however, that funds provided pursuant to this clause shall be distributed based on the level of implementation of the standards established in this section and using a formula based on population, level of cross-jurisdictional sharing and sociodemographic data; provided further, that to receive funding pursuant to this clause, a board of health shall submit an annual report to the department of public health and department of environmental protection that: (A) demonstrates progress or implementation of the standards; and (B) confirms that funding provided pursuant to this clause shall supplement and shall not replace existing state, local, private or federal funding to boards of health and regional health districts; provided further, that the report shall not require data that is otherwise reported to the department under subsection (d); provided further, local governments shall be granted relief from the department for good cause, including, but not limited to economic or fiscal hardship; and provided further, that data demonstrating implementation and compliance with the standards shall be submitted in a form prescribed by the department.

(g) Subject to appropriation, the department shall develop a system to provide for increased standardization, integration and unification of public health reporting and systems for the measuring of standard responsibilities of boards of health including, but not limited to, inspections, code enforcement, communicable disease management and local regulations. The system shall be developed in coordination with the department of environmental protection. If feasible and in compliance with state and federal privacy requirements, the data and an analysis of the data shall be available on the department’s website in a form that allows the public to conduct further analysis; provided, however, that any such published data shall exclude personal identifying information.

(h) Annually, the department shall estimate the amount of funds necessary to meet the requirements of this section for the upcoming fiscal year. The department shall report the estimate to the secretary of administration and finance and the house and senate committees on ways and means for the upcoming fiscal year in advance of the day assigned for submission of the budget by the governor to the general court pursuant to section 7H of chapter 29 and shall publish the estimate on the department’s website.

(i) If an outbreak of a disease or health care situation important to the public health occurs, as determined by the commissioner or the commissioner of  environmental protection, affecting more than 1 board of health, the department may coordinate the affected boards of health, assemble and share data on affected residents and organize the public health response within and across the affected communities.

(j) Biennially, not later than December 1, in every even numbered year, the department, in consultation with the department of environmental protection, shall submit a report detailing the impact of the state action for public health excellence program established in subsection (b), the status of the local public health programs and their ability to meet the requirements of this section including, but not limited to: (i) the number of board of health and regional health district officials and staff that meet workforce standards as determined by the department; (ii) the number of boards of health and regional health district officials and staff that attended educational and training opportunities; (iii) the number of boards of health and regional health districts that are in compliance with data reporting requirements of this section; and (iv) the number of municipalities participating in regional public health collaborations. In preparing the report, the department shall consult with the department of environmental protection. The report shall be filed with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on public health and be publicly posted on the websites of the department and the department of environmental protection.

(k) Notwithstanding any general or special law to the contrary, if the commissioner, the commissioner of environmental protection or their authorized representatives, determine that failure to meet standards established in subsections (b) and (c) in a timeframe consistent with the timeframe established in subsection (d), constitutes a threat to public health, they shall, in writing, notify the appropriate board of health of such determination and request that the board of health, in writing, notify the department of actions taken to effect appropriate protection. If the commissioner is not so notified or, if after notification, the commissioner determines the such actions are not sufficient to protect public health, the department may restrict future funding provided under clause (iii) of subsection (f) and shall report these insufficiencies in its report issued under subsection (j).

(l) Nothing in this section shall limit the authority or responsibility of a board of health as otherwise established pursuant to the General Laws including, but not limited to, section 127A.

SECTION 173. Said chapter 111 is hereby amended by striking out section 243, as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-

Section 243(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Parkinson’s disease”, a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of specific degenerative changes in the area of the brain called the basal ganglia, characterized by tremor at rest, slow movements, muscle rigidity, stooped posture and unsteady or shuffling gait.

“Parkinsonisms”, related conditions that cause a combination of the movement abnormalities seen in Parkinson's disease, including tremor at rest, slow movement, muscle rigidity, impaired speech or muscle stiffness which often overlap with and can evolve from what appears to be Parkinson’s disease; provided, however, that “Parkinsonisms” shall include, but not be limited to: Multiple System Atrophy, Dementia with Lewy Bodies, Corticobasal Degeneration and Progressive Supranuclear Palsy.

(b) The department shall, subject to appropriation, establish a registry to record cases of Parkinson’s and Parkinsonisms that occur in residents of the commonwealth and such information concerning these cases as it shall deem necessary and appropriate in order to determine the incidence and prevalence of such diseases.

(c) The registry and system of collection and dissemination of information shall be under the direction of the commissioner, who may enter into contracts, grants or other agreements as are necessary for the conduct of the program.

(d) All patients diagnosed with Parkinson’s disease or related Parkinsonisms shall be provided a written and oral notice regarding the collection of information and patient data on Parkinson’s disease and related Parkinsonisms. Patients who do not wish to participate in the collection of data for purposes of research in this registry shall affirmatively opt out in writing after an opportunity to review the documents and ask questions. No patient shall be required to participate in this registry and patients may change their data collection participation status at any time by submitting a request in writing.

(e) The department shall establish a system for the collection and dissemination of information determining the incidence and prevalence of Parkinson’s disease and related Parkinsonisms as advised by the advisory committee. The department shall designate Parkinson’s disease and related Parkinsonisms as diseases required to be reported in the commonwealth or any part of the commonwealth.

All cases of Parkinson’s disease and related Parkinsonisms diagnosed or treated in the commonwealth shall be reported to the department; provided, however, that the mere incidence of a patient with Parkinson’s disease or a related Parkinsonism shall be the sole required information for this registry for any patient who chooses not to participate.  For the subset of patients who choose not to participate, no further data shall be reported to the registry.

The department may create, review and revise a list of data points required as part of mandated Parkinson’s disease reporting under this section. The list shall include, but not be limited to, necessary triggering diagnostic conditions, consistent with the latest World Health Organization’s International Statistical Classification of Diseases and Related Health Problems and resulting case data including, but not limited to, diagnosis, treatment and survival.

The department may implement and administer this subsection through a bulletin or similar instruction to providers without taking regulatory action.

(f) The department shall provide notification of the mandatory reporting of Parkinson’s disease and Parkinsonism on its website and may also provide that information to professional associations representing physicians, nurse practitioners and hospitals not less than 90 days prior to requiring information be reported.

(g) Any hospital, facility, physician, surgeon, physician assistant or nurse practitioner who diagnoses or is responsible for providing primary treatment to Parkinson’s disease or Parkinsonism patients shall report each case of Parkinson’s disease and Parkinsonisms as required by subsection (e) to the department in a format prescribed by the department. The department may enter into data sharing contracts with data reporting entities and their associated electronic medical record systems vendors to securely and confidentially receive information related to Parkinson’s disease testing, diagnosis and treatment.

(h) The department may enter into agreements to furnish data collected in this registry to other states’ Parkinson’s disease registries, federal Parkinson’s disease control agencies, local health officers or health researchers for the study of Parkinson’s disease; provided, however, that before confidential information is disclosed to those agencies, officers, researchers or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information and, in the case of researchers, shall:

(i) obtain approval of their committee for the protection of human subjects established in accordance with 45 C.F.R. 46; and

(ii) provide documentation to the department that demonstrates to the department’s satisfaction that the entity has established the procedures and has the ability to maintain the confidentiality of the information.

(i) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential . To ensure privacy, the department shall promulgate a coding system that removes any identifying information about the patient.

(j) Notwithstanding any general or special law to the contrary, a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose and not be further disclosed.

If the security of confidentiality has been documented, the furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency or entity furnishing such information to liability and shall not be considered a waiver of any privilege or a violation of a confidential relationship.

(k) The department shall maintain an accurate record of all persons who are given access to confidential information under this section. The record shall include: (i) the name of the person authorizing access; (ii) the name, title, address and organizational affiliation of persons given access; (iii) dates of access; and (iv) the specific purpose for which such confidential information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.

(l) Notwithstanding any general or special law to the contrary, confidential information under this section shall not be available for subpoena and shall not be disclosed, subject to discovery or compelled to be produced in any civil, criminal, administrative or other proceeding. Such confidential information shall not be deemed admissible as evidence in any civil, criminal, administrative or other tribunal or court for any reason.

This subsection shall not prohibit the publication by the department of reports and statistical compilations that do not identify individual cases or individual sources of information.

Notwithstanding the restrictions in this subsection, the individual to whom the information pertains shall have access to such information.

(m) This section shall not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinson’s disease or related Parkinsonisms to maintain their own facility-based Parkinson’s disease or Parkinsonisms registries.

(n) Annually, the department shall report to the house and senate committees on ways and means and the joint committee on public health, a program summary update on the incidence and prevalence of Parkinson’s and related Parkinsonisms in the commonwealth, delineated by county, and including the number of records that have been included and reported into the registry and demographic information such as patients, by age, gender and race. The report shall be published in a downloadable format on the department’s webpage or on a designated Massachusetts Parkinson’s Research Registry webpage.

(o) The department shall create and maintain a webpage titled “An overview from the Massachusetts Parkinson’s Research Registry” within the department’s public information website to allow public access to information related to the registry, the yearly program summary required in this section and any other relevant or helpful information related to the registry This information may be published in any form deemed appropriate by the department.

SECTION 174. Said chapter 111 is hereby further amended by adding the following section:-

Section 245. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Smoke evacuation system”, smoke evacuators, laser plume evacuators or local exhaust ventilators that effectively capture and neutralize surgical smoke at the site of origin and before the smoke can make ocular contact or contact with the respiratory tract of the occupants of the room.

“Surgical smoke”, the by-product, including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants and other lung-damaging dust, that results from contact with tissue by an energy generating device.

(b) All hospitals and freestanding ambulatory surgical centers licensed under this chapter shall adopt policies to ensure the elimination of surgical smoke by use of a smoke evacuation system for any procedure that generates surgical smoke from the use of energy-based devices including, but not limited to, electrosurgery and lasers.

(c) Any hospital or freestanding ambulatory surgical center that violates subsection (b) shall be punished by a fine of not less than $500 for each violation.

SECTION 175.  Chapter 112 of the General Laws is hereby amended by striking out section 9, as appearing in the 2022 Official Edition, and inserting in place thereof the following section:- 

Section 9. (a) An applicant for limited registration under this section may, upon payment of a fee to be determined annually by the secretary of administration and finance under section 3B of chapter 7, be registered by the board as an intern, fellow or medical officer for such time as it may subscribe if the applicant furnishes to the board with satisfactory proof that: 

(i) the applicant is at least 18 years of age and of good moral character;

(ii)(A) the applicant has creditably completed 2 years of a premedical course of study at an accredited college or university and not less than 3½ years of study in a legally chartered medical school in the United States or Canada having the power to grant degrees in medicine; (B) if not enrolled in or a graduate of a legally chartered medical school in the United States or Canada, the applicant is the holder of a standard certificate granted after an examination by the Education Council for Foreign Medical Graduates unless granted an exemption by the board; or (C) the applicant has completed a minimum of 2 years of premedical education at an accredited college or university in the United States, Canada or Puerto Rico or, if the applicant has studied medicine in a medical school outside the United States, Canada or Puerto Rico that is recognized by the World Health Organization, has completed all the formal requirements for the degree corresponding to doctor of medicine, except internship and social service and has completed 1 year of clinical clerkship approved by the liaison committee on medical education of the American Medical Association; 

(iii) the applicant has been appointed as an intern, fellow or medical officer in: (A) a hospital or other institution of the commonwealth or a county or municipality thereof; (B) a hospital or clinic that is incorporated under the laws of the commonwealth; (C) a clinic that is affiliated with a hospital licensed by the department of public health under section 71 of chapter 111; (D) an outpatient clinic operated by the department of mental health; (E) the department of public health for duty in clinics or in programs operated or approved by the department of public health; or (F) programs approved by the board of registration in medicine and leading toward certification by specialty boards recognized by the American Medical Association; or

(iv) the applicant has applied to participate in the medical assistance program administered by the secretary of health and human services under chapter 118E and Title XIX of the Social Security Act and any federal demonstration or waiver relating to the medical assistance program for the limited purpose of ordering and referring services covered under the program if regulations governing such limited participation are promulgated under section 37 of said chapter 118E.

A person with a limited registration under this section may practice medicine only in: (i) the  hospital, institution, clinic or program designated on the applicant’s certificate of limited registration or outside such hospital, institution, clinic or program under the supervision of 1 of its medical officers who is a duly registered physician for the treatment of persons accepted by such hospital, institution, clinic or program as patients; or (ii)  any hospital, institution, clinic or program affiliated for training purposes with the hospital, institution, clinic or program designated on the certificate, which affiliation shall be approved by the board and pursuant to regulations established by the hospital, institution, clinic or program. The name of the hospital, institution, clinic or program so affiliated and so approved shall be indicated on the certificate. Limited registration under this section may be revoked at any time by the board. 

(b) Notwithstanding this section, an internationally-trained physician who has been licensed or otherwise authorized to practice medicine in a country other than the United States shall be eligible to apply for a limited license to practice medicine for a 1-year term after satisfying the criteria in paragraph (2) of subsection (c); provided, however, that the 1-year limited license shall not be renewed more than once; and provided further, that such limited registration shall provide a pathway for the issuance of a full unrestricted license to practice medicine in accordance with, and upon satisfaction of, the criteria in paragraph (3) of said subsection (c). 

(c)(1) For the purposes of this subsection, the following words shall have the following meanings unless the context clearly requires otherwise:

“Commission”, the Educational Commission for Foreign Medical Graduates. 

“Internationally-trained physician”, a physician who has received a degree of doctor of medicine or its equivalent from a legally chartered medical school outside the United States and recognized by the World Health Organization and who has been licensed or otherwise authorized to practice medicine in a country other than the United States and who has practiced medicine for at least 1 year. 

“Licensing exam”, the United States Medical Licensing Examination.  

“Participating healthcare facility”, a federally-qualified health center, community health center, hospital or other healthcare facility approved by the board that provides an assessment and evaluation program designed to develop, assess and evaluate an internationally-trained physician’s nonclinical skills according to criteria developed or approved by the board; provided, that participating healthcare facility shall provide medical care in a physician shortage area. 

“Physician shortage area”, a geographic region or population in the commonwealth experiencing a shortage of physicians, especially primary care physicians or psychiatrists, relative to population and need; provided, however, that the health care workforce center or its equivalent in the department of public health shall assist the board in determining the regions or populations comprising a “physician shortage area”.  

(2) The board shall issue a limited license to an applicant if the participating facility and the applicant submit evidence acceptable to the board that the applicant: (i) is an internationally-trained physician; (ii) has a valid certificate issued by the commission or other credential evaluation service approved by the board; provided, however, that the board may waive such certification if the applicant is unable to obtain the required documentation from a noncooperating country; (iii) has achieved a passing score on Step 1 and Step 2-Clinical Knowledge of the Licensing Exam; (iv) has entered into an agreement with the participating facility providing that the facility shall develop, assess and evaluate the applicant’s familiarity with nonclinical skills and standards appropriate for medical practice in the commonwealth according to assessment and evaluation criteria developed or approved by the board; (v) shall enter a full-time full employment relationship with the participating facility after the board issues a limited license to practice medicine to the applicant; and (vi) has satisfied other criteria that may be developed by the board to implement this subsection. 

(3) An internationally-trained physician who provides the board with proof of: (i) successful completion of the participating facility’s assessment and evaluation program; (ii) a passing score on Step 3 of the Licensing Exam; and (iii) any additional prerequisites that the board may require, may apply for a renewable 2-year restricted license to practice medicine only in a physician shortage area; provided, however, that a 2-year restricted license shall not be renewed more than once; and provided further, that any additional prerequisites for eligibility shall not include post-graduate clinical training and that the restricted license shall authorize the holder to practice independently in a primary care specialty, psychiatry or other specialty as may be approved by the board. After 2 years of restricted practice, the internationally-trained physician may apply for a full, unrestricted license to practice medicine.

SECTION 176. Said chapter 112 is hereby further amended by inserting after section 91 the following section:-

Section 91A. (a) For the purposes of this section, “preceptor chiropractor” shall mean a registered chiropractor authorized to practice chiropractic in the commonwealth who is: (i) designated by an approved chiropractic school or college as an instructor; and (ii) the chiropractor of record at the chiropractic facility to which a student extern is assigned.

(b) An individual that is a current student enrolled in the final academic year at a chiropractic school or college approved by the board may practice the full scope of chiropractic as a student extern under the direct supervision of a preceptor chiropractor; provided, however, that such student extern shall have: (i) completed all academic and clinical class requirements for the degree of doctor of chiropractic from a chiropractic school or college approved by the board; and (ii) passed not less than 3 of the 4 levels of the examinations administered by the National Board of Chiropractic Examiners.

(c) A student extern shall practice under the direct supervision and license of the preceptor chiropractor and shall not  sign legal documents generally signed by the preceptor chiropractor.  The board, in its discretion, may authorize a student extern to practice chiropractic pursuant to this section at more than 1 chiropractic facility. An individual may be authorized by the board to practice chiropractic as a student extern for not less than 4 weeks and not more than 16 weeks during the student’s final academic year.

SECTION 177. Section 79 of said chapter 112, as appearing in the 2022 Official Edition, is hereby amended by adding the following 2 sentences:- The board may assess a licensed nurse a penalty of not more than $2,000 for each violation of regulations promulgated pursuant to this section and for each violation of any general law that governs the practice of nursing. The board, through regulation, shall ensure that any fine levied is commensurate with the severity of the violation.

SECTION 178. The General Laws are hereby amended by inserting after chapter 112 the following chapter:-

Chapter 112A

Nurse Licensure Compact

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

“Adverse action”, an administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual’s license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice or any other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance of a cease and desist action.

“Alternative program”, a non-disciplinary monitoring program approved by a licensing board.

“Compact” or “Nurse Licensure Compact”, the legally binding agreement between party states as adopted by the National Council of State Boards of Nursing Nurse Licensure Compact in its Final Version dated May 4, 2015, and entered into by the commonwealth in accordance with this chapter.

“Coordinated licensure information system”, an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.

“Current significant investigative information”, (i) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or (ii) investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.

“Encumbrance”, a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.

“Home state”, the party state which is the nurse’s primary state of residence.

“Interstate commission”, the Interstate Commission of Nurse Licensure Compact Administrators as established in section 6 of this chapter.

“Licensing board”, a party state’s regulatory body responsible for issuing nurse licenses.

“Multistate license”, a license to practice as a registered nurse, a licensed practical or vocational nurse issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.

“Multistate licensure privilege”, a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse, a licensed practical or vocational nurse in a remote state.

“Nurse”, a registered nurse, a licensed practical or vocational nurse, as those terms are defined by each party state’s practice laws.

“Party state”, the commonwealth and any other state that has adopted this compact.

“Remote state”, a party state other than the home state.

“Single-state license”, a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.

“State”, a state, territory or possession of the United States and the District of Columbia.

“State practice laws”, a party state’s laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice and establish the methods and grounds for imposing discipline; provided, however, that “State practice laws” do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.

Section 2. (a) A multistate license to practice as a nurse issued by a home state to a resident in that state shall be recognized by each party state as authorizing a nurse to practice as a registered nurse, a licensed practical or vocational nurse under a multistate licensure privilege in each party state.

(b) A state shall implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

(c) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:

(i) the applicant shall meets the home state’s qualifications for licensure or renewal of licensure, as well as, all other applicable state laws;

(ii) (A) the applicant shall have graduated or is eligible to graduate from a licensing board-approved registered nurse or practical or vocational nurse pre-licensure education program; or (B) has graduated from a foreign registered nurse or practical or vocational nurse pre-licensure education program that: (1) has been approved by the authorized accrediting body in the applicable country; and (2) has been verified by an independent credentials review agency to be comparable to a licensing board-approved pre-licensure education program;

(iii) if a graduate of a foreign pre-licensure education program not taught in English or if English is not the individual’s native language, the applicant shall have successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening;

(iv) the applicant has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized predecessor, as applicable;

(v) the applicant is eligible for or holds an active, unencumbered license;

(vi) the applicant has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;

(vii) the applicant has not been convicted or found guilty, or entered into an agreed disposition, of a felony offense under applicable state or federal law;

(viii) the applicant has not been convicted or found guilty, or entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;

(ix) the applicant is not currently enrolled in an alternative program;

(x) the applicant is subject to self-disclosure requirements regarding current participation in an alternative program; and

(xi) the applicant has a valid United States Social Security number.

(d) All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse’s multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse’s authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.

(e) A nurse practicing in a party state shall comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.

(f) Individuals not residing in a party state shall continue to be able to apply for a party state’s single-state license as provided by the laws of each party state; provided, however, that the single-state license granted to these individuals shall not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single-state license.

(g) A nurse holding a home state multistate license on the effective date of this compact in the commonwealth may retain and renew the multistate license issued by the nurse’s then-current home state; provided, however, that:

(i) a nurse who changes primary state of residence after this compact’s effective date in the commonwealth shall meet all applicable requirements of this section to obtain a multistate license from a new home state.

(ii) a nurse who fails to satisfy the multistate licensure requirements of section of this section  due to a disqualifying event occurring after this compact’s effective date in the commonwealth shall not be eligible to retain or renew a multistate license and the nurse’s multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the interstate commission.

Section 3. (a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.

(b) A nurse may hold a multistate license, issued by the home state, in only 1 party state at a time.

(c) If a nurse changes primary state of residence by moving between 2 party states, the nurse shall apply for licensure in the new home state, and the multistate license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the interstate commission.

(1) The nurse may apply for licensure in advance of a change in primary state of residence.

(2) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.

(d) If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state shall convert to a single-state license and shall be valid only in the former home state.

Section 4. (a) In addition to the other powers conferred by state law, a licensing board may:

(i) take adverse action against a nurse’s multistate licensure privilege to practice within that party state; provided however, that only the home state may to take adverse action against a nurse’s license issued by the home state; and provided further that for purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state and in so doing, the home state shall apply its own state laws to determine appropriate action;

(ii) issue cease and desist orders or impose an encumbrance on a nurse’s authority to practice within that party state;

(iii) complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations; provided however, that the licensing board may take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system; and provided further, that the administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions;

(iv) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence; provided, however, that subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or for the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedures of that court applicable to subpoenas issued in proceedings pending before it; and provided further that the issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located;

(v) obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions;

(vi) if otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse; and

(vii) take adverse action based on the factual findings of the remote state; provided, however, that the licensing board follows its own procedures for taking such adverse action.

(b) If adverse action is taken by the home state against a nurse’s multistate license, the nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse’s multistate license shall include a statement that the nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the order.

(c) Nothing in this compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.

Section 5. (a) All party states shall participate in a coordinated licensure information system of all licensed registered nurses and licensed practical or vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.

(b) The interstate commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact.

(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse actions against a nurse, any current significant investigative information, denials of applications with the reasons for such denials and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.

(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.

(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.

(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.

(h) The compact administrator of each party state shall furnish a uniform data set relative to nurses to the compact administrator of each other party state, which shall include, at a minimum:

(i) identifying information;

(ii) licensure data;

(iii) information related to alternative program participation; and

(iv) any other information that may facilitate the administration of this compact as determined by interstate commission rules.

The compact administrator of a party state shall provide all investigative documents and information requested by another party state.

Section 6. (a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators which shall be an instrumentality of the party states.

Venue is proper and judicial proceedings by or against the interstate commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the interstate commission is located; provided, however, thatthe interstate commission may waive venue and jurisdictional defenses to the extent that it adopts or consents to participate in alternative dispute resolution proceedings.

Nothing in this compact shall be construed to be a waiver of sovereign immunity.

(b)(1) Each party state shall have only 1administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the interstate commission shall be filled in accordance with the laws of the party state in which the vacancy exists.

(2) Each administrator shall be entitled to 1 vote with regard to the promulgation of rules and creation of by-laws and shall otherwise have an opportunity to participate in the business and affairs of the interstate commission. An administrator shall vote in person or by such other means as provided in the by-laws. The by-laws may provide for an administrator’s participation in meetings by telephone or other means of communication.

(3) The interstate commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the by-laws or rules of the interstate commission.

(4) All meetings shall be open to the public and public notice of meetings shall be given in the same manner as required under any rules promulgated under section 7.

(5) The interstate commission may convene in a closed, nonpublic meeting if the subject of the meeting before the interstate commission is in regard to:

(i) noncompliance of a party state with its obligations under this compact;

(ii) the employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the interstate commission’s internal personnel practices and procedures;

(iii) current, threatened or reasonably anticipated litigation;

(iv) negotiation of contracts for the purchase or sale of goods, services or real estate;

(v) accusing any person of a crime or formally censuring any person;

(vi) disclosure of trade secrets or commercial or financial information that is privileged or confidential;

(vii) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(viii) disclosure of investigatory records compiled for law enforcement purposes;

(ix) disclosure of information related to any reports prepared by or on behalf of the interstate commission for the purpose of investigation of compliance with this compact; or

(x) matters specifically exempted from disclosure by federal or state statute.

(6) If a meeting, or portion of a meeting, is closed pursuant to this section, the interstate commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The interstate commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission or on order of a court of competent jurisdiction.

(c) The interstate commission shall, by a majority vote of the administrators, prescribe by-laws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact including, but not limited to:

(i) establishing the fiscal year of the interstate commission;

(ii) providing reasonable standards and procedures for:

(A) the establishment and meetings of other committees; and

(B) governing any general or specific delegation of any authority or function of the interstate commission;

(iii) providing reasonable procedures for calling and conducting meetings of the interstate commission with reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets; provided, however, that the interstate commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the interstate commission shall make public a copy of the vote to close the meeting, revealing the vote of each administrator, with no proxy votes allowed;

(iv) establishing the titles, duties and authority and reasonable procedures for the election of the officers of the interstate commission;

(v) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission; provided, however, that notwithstanding any civil service or other similar laws of any party state, the by-laws shall exclusively govern the personnel policies and programs of the interstate commission; and

(vi) providing a mechanism for winding up the operations of the interstate commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations.

(d) The interstate commission shall publish its by-laws and rules and any amendments thereto in a convenient form on its website.

(e) The interstate commission shall maintain its financial records in accordance with the bylaws.

(f) The interstate commission shall meet and take such actions as are consistent with this compact and the by-laws.

(g) The interstate commission may:

(i) promulgate uniform rules to facilitate and coordinate implementation and administration of this compact; provided, however, that such rules shall have the force and effect of law and shall be binding in all party states;

(ii) bring and prosecute legal proceedings or actions in the name of the interstate commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;

(iii) purchase and maintain insurance and bonds;

(iv) borrow, accept or contract for services of personnel including, but not limited to, employees of a party state or nonprofit organizations;

(v) cooperate with other organizations that administer state compacts related to the regulation of nursing including, but not limited to, sharing administrative or staff expenses, office space or other resources;

(vi) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact and establish the interstate commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;

(vii) accept all appropriate donations, grants and gifts of money, equipment, supplies, materials and services and to receive, utilize and dispose of the same; provided, however, that the interstate commission shall avoid any appearance of impropriety or conflict of interest;

(viii) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, whether real, personal or mixed; provided, however, that the interstate commission shall avoid any appearance of impropriety;

(ix) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;

(x) establish a budget and make expenditures;

(xi) borrow money;

(xii) appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives and consumer representatives and other such interested persons;

(xiii) provide and receive information from, and to cooperate with, law enforcement agencies;

(xiv) adopt and use an official seal; and

(xv) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.

(h)(1) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

(2) The interstate commission may levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the interstate commission, by regulations which shall be binding upon all party states.

(3) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.  The interstate commission shall not pledge the credit of any of the party states, except by and with the authority of such party state.

(4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established in its by-laws.  all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and a report of the audit shall be included in and become part of the annual report of the interstate commission.

(i) (1) The administrators, officers, executive director, employees and representatives of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing that any such actual or alleged act, error or omission had occurred, within the scope of interstate commission employment, duties or responsibilities.  Nothing in this paragraph shall provide immunity toany such person for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of such person.

(2) The interstate commission shall defend any administrator, officer, executive director, employee or representative of the interstate commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities or that the person against whom the claim is made had a reasonable basis for believing any such actual or alleged act, error or omission had occurred within the scope of interstate commission employment, duties or responsibilities and the actual or alleged act, error or omission did not result from that person’s intentional, willful or wanton misconduct.  Nothing herein shall prohibit any such person from retaining counsel at such person’s own expense.

(3) The interstate commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the interstate commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.

Section 7. (a) The interstate commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted hereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions in this compact.

(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the interstate commission.

(c) Prior to promulgation and adoption of a final rule by the interstate commission,and at least 60 days in advance of the meeting at which any such rule will be considered and voted upon, the interstate commission shall file a notice of proposed rulemaking on the website of:

(i)  the interstate commission; and

(ii) each licensing board or the publication in which each state would otherwise publish proposed rules.

(d) The notice of proposed rulemaking shall include:

(i) the proposed time, date and location of the meeting in which the rule will be considered and voted upon;

(ii) the text of the proposed rule or amendment and the reason therefor;

(iii) a request for comments on the proposed rule from any interested person; and

(iv) the manner in which interested persons may submit notice to the interstate commission of their intention to attend the public hearing and any written comments.

(e) Prior to adoption of a proposed rule, the interstate commission shall allow persons to submit written data, facts, opinions and arguments which shall be made available to the public.

(f) The interstate commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.

(g) The interstate commission shall publish the place, time and date of the scheduled public hearing.

(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings shall be recorded and a copy of such recording shall be made available upon request.

(2) Nothing in this section shall require a separate hearing on each rule. Rules may be grouped for the convenience of the interstate commission at hearings required by this section.

(h) If no person appears at the public hearing, the interstate commission may proceed with promulgation of the proposed rule.

(i) Following the scheduled hearing date or by the close of business on the scheduled hearing date if the hearing was not held, the interstate commission shall consider all written and oral comments received.

(j) The interstate commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule based on the rulemaking record and the full text of the rule.

(k) Upon determination that an emergency exists, the interstate commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided, however, that the usual rulemaking procedures provided herein shall be retroactively applied to the rule as soon as reasonably possible but not later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that requires adoption immediately to:

(i) meet an imminent threat to public health, safety or welfare;

(ii) prevent a loss of interstate commission or party state funds; or

(iii) meet a deadline for the promulgation of an administrative rule that is required by federal law.

(l) The interstate commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency and grammatical errors. Public notice of any revisions shall be posted on the website of the interstate commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the interstate commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision shall not take effect without the approval of the interstate commission.

Section 8. (a)(1) Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact’s purposes and intent.

(2) The interstate commission may receive service of process in any proceeding that may affect its powers, responsibilities or actions of the interstate commission and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the interstate commission shall render a judgment or order void as to the interstate commission, this compact or any rules promulgated hereunder.

(b)(1) If the interstate commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the interstate commission shall:

(i) provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the interstate commission; and

(ii) provide remedial training and specific technical assistance regarding the default.

(2) If a state in default fails to cure the default, the defaulting state’s membership in this compact may be terminated upon an affirmative vote of a majority of the administrators and all rights, privileges and benefits conferred by this compact may be terminated on the date cited; provided, however, that a cure of the default shall not relieve the offending state of obligations or liabilities incurred during the period of default.

(3) Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the interstate commission to the governor of the defaulting state and to the executive officer of the defaulting state’s licensing board and each of the party states.

(4) A state whose membership in this compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(5) The interstate commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the interstate commission and the defaulting state.

(6) The defaulting state may appeal the action of the interstate commission by petitioning the United States District Court for the District of Columbia or the federal district in which the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.

(c)(1) Upon request by a party state, the interstate commission shall attempt to resolve disputes related to the compact that arise among party states and between party and nonparty states.

(2) The interstate commission shall promulgate rules providing for mediation and binding dispute resolution for disputes, as appropriate.

(3) If the interstate commission cannot resolve disputes among party states arising under this compact:

(i) the party states may submit the issues in dispute to an arbitration panel, which shall be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute; and

(ii) the decision of a majority of the arbitrators shall be final and binding.

(d)(1) The interstate commission, in the reasonable exercise of its discretion, shall enforce this compact.

(2) By majority vote, the interstate commission may initiate legal action in the United States District Court for the District of Columbia or the federal district in which the interstate commission has its principal offices against a party state that is in default to enforce compliance with this compact and any rules and by-laws promulgated hereunder. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of litigation, including reasonable attorneys’ fees.

(3) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may pursue any other remedies available under federal or state law.

Section 9. (a) This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by not less than 26 states or December 31, 2018. All party states to this compact that were also were parties to the prior Nurse Licensure Compact, superseded by this compact, shall be deemed to have withdrawn from the prior compact within 6 months after the effective date of this compact.

(b) Each party state to this compact shall continue to recognize a nurse’s multistate licensure privilege to practice in that party state issued under the prior compact until such party state has withdrawn from the prior compact.

(c) Any party state may withdraw from this compact by enacting a law repealing the same. A party state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.

(d) A party state’s withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.

(e) Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this compact.

(f) This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless it is enacted into the laws of all party states.

(g) Representatives of nonparty states to this compact shall be invited to participate in the activities of the interstate commission, on a nonvoting basis, prior to the adoption of this compact by all states.

Section 10. This compact shall be liberally construed to effectuate its purposes. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or if the applicability thereof to any government, agency, person or circumstance is held to be invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

Section 11. The executive director of the board of registration in nursing or a designee threreof shall be the administrator of the nurse licensure compact for the commonwealth.

Section 12. The board of registration in nursing shall adopt regulations in the same manner as all other with states legally joining in the compact and may adopt additional regulations as necessary to implement this chapter.

Section 13. The board of registration in nursing may recover from a nurse the costs of investigation and disposition of cases resulting in any adverse disciplinary action taken against that nurse’s license or privilege to practice. Funds collected pursuant to this section shall be deposited in the Quality in Health Professions Trust Fund established in section 35X of chapter 10.

Section 14. The board of registration in nursing may take disciplinary action against the practice privilege of a registered nurse or of a licensed practical or vocational nurse practicing in the commonwealth under a license issued by the party state. The board’s disciplinary action may be based on disciplinary action against the nurse’s license taken by the nurse’s home state.

Section 15. In reporting information to the coordinated licensure information system under section 8 related to the nurse licensure compact, the board of registration in nursing may disclose personally identifiable information about the nurse, including social security number.

Section 16. Nothing in this chapter, including the entrance of the commonwealth into the nurse licensure compact, shall supersede existing labor laws.

Section 17. The commonwealth, its officers and employees, and the board of registration in nursing and its agents who act in accordance with this chapter shall not be liable for any act or omission in good faith while engaged in the performance of their duties under this chapter. Good faith shall not include willful misconduct, gross negligence or recklessness.

Section 18. As part of the licensure and background check process for a multistate license and to determine the suitability of an applicant for multistate licensure, the board of registration in nursing, prior to issuing any such multistate license, shall conduct a fingerprint-based check of the state and national criminal history databases, as authorized by 28 CFR 20.33 and Public Law 92-544.

Fingerprints shall be submitted to the identification section of the department of state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check, according to the policies and procedures established by the state identification section and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state identification section and the department of criminal justice information services for requests submitted by the board of registration in nursing as authorized in this section to ensure the continued suitability of these individuals for licensure. The department of criminal justice information services may disseminate the results of the state and national criminal background checks to the executive director of the board of registration in nursing and authorized staff of the board.

All applicants shall pay a fee to be established by the secretary of administration and finance, in consultation with the secretary of public safety, to offset the costs of operating and administering a fingerprint-based criminal background check system. The secretary of administration and finance, in consultation with the secretary of public safety, may increase the fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited into the Fingerprint-Based Background Check Trust Fund established in section 2HHHH of chapter 29.

The board of registration in nursing may receive all criminal offender record information and the results of checks of state and national criminal history databases under Public Law 92-544. When the board of registration in nursing obtains the results of checks of state and national criminal history databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.

Notwithstanding subsections 9 and 9 1/2 of section 4 of chapter 151B, if the board of registration in nursing receives criminal record information from the state or national fingerprint-based criminal background checks that includes no disposition or is otherwise incomplete, the agency head may request that an applicant for licensure provide additional information regarding the results of the criminal background checks to assist the agency head in determining the applicant’s suitability for licensure.

SECTION 179. Section 52 of chapter 119 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 5, the figure “18” and inserting in place thereof the following words:- the age of criminal majority.

SECTION 180. Said section 52 of said chapter 119, as so appearing, is hereby amended by striking out, in line 19, the figure “18” and inserting in place thereof the following words:- the age of criminal majority.

SECTION 181. Section 54 of said chapter 119, as so appearing, is hereby amended by striking out, in line 2, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority.

SECTION 182. Said section 54 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 21, the figure “18” and inserting in place thereof the following words:- the age of criminal majority.

SECTION 183. Section 58 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 8 to 12, inclusive, the words  “that any such probation may be imposed until such child reaches age eighteen or age nineteen in the case of a child whose case is disposed of after he has attained his eighteenth birthday or age 20 in the case of a child whose case is disposed of after he attains his nineteenth birthday” and inserting in place thereof the following words:- that any such probation may, in the case of an offense that occurred prior to the child’s eighteenth birthday, be imposed until such child reaches age 18 or 19 in the case of a child whose case is disposed of after the child has attained the child’s eighteenth birthday or age 20 in the case of a child whose case is disposed of after the child attains the child’s nineteenth birthday. In the case of an offense that occurred on or after the child’s eighteenth birthday, such probation may be imposed until such child reaches age 19 or age 20 in the case of a child whose case is disposed of after the child has attained the child’s nineteenth birthday, or age 21 in the case of a child whose case is disposed of after the child attains the child’s twentieth birthday.

SECTION 184. Said section 58 of said chapter 119, as so appearing, is hereby further amended by inserting after the word “eighteen”, in lines 26 and 27, the following words:- in a case where the offense occurred prior to the child’s eighteenth birthday.

SECTION 185. Said section 58 of said chapter 119, as so appearing, is hereby further amended by inserting after the word “birthday”, in lines 29 and 30, the following words:- In a case where the offense occurred on or after the child’s eighteenth birthday, the probationary or commitment period shall not be for a period longer than until such child attains the age of 19.

SECTION 186.  Said section 58 of said chapter 119, as so appearing, is hereby amended by inserting after the word “twenty-one”, in line 38, the following words:- in a case where the offense occurred prior to the child’s eighteenth birthday, or until he reaches the age of 23 in the case of a child whose offense occurred on or after the child’s eighteenth birthday.

SECTION 187.  Said section 58 of said chapter 119, as so appearing, is hereby further amended by inserting after the word “twenty-one”, in line 54, the following words:- in a case where the offense occurred prior to the child’s eighteenth birthday, or until they reach the age of 23 in the case of a child whose offense occurred on or after the child’s eighteenth birthday.

SECTION 188.  Said section 58 of said chapter 119, as so appearing, is hereby amended by inserting after the word “ twenty-one”, in line 48, the following words:- in a case where the offense occurred prior to the child’s eighteenth birthday, or until the age of 23 in the case of a child whose offense occurred on or after the child’s eighteenth birthday.

SECTION 189.  Said section 58 of said chapter 119, as so appearing, is hereby amended by inserting after the words “twenty-one”, in line 54, the following words:- in a case where the offense occurred prior to the child’s eighteenth birthday or until the child reaches the age of 23 in the case of a child whose offense occurred on or after the child’s eighteenth birthday.

SECTION 190.  Said section 58 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 79, the word “eighteenth” and inserting in place thereof the following words:- twenty-first.

SECTION 191. Said section 58 of said chapter 119, as so appearing, is hereby further amended by striking out, in lines 78 and 79, the words “the Massachusetts Correctional Institution, Cedar Junction, prior to his eighteenth birthday” and inserting in place thereof the following words:- any prison owned, operated, administered or subject to the control of the department of correction including, but not limited to: Massachusetts Correctional Institution, Cedar Junction; Massachusetts Correctional Institution, Norfolk; Massachusetts Correctional Institution, Concord; Massachusetts Correctional Institution, Framingham; Massachusetts Correctional Institution, Bridgewater; Massachusetts Correctional Institution, Plymouth; Massachusetts Correctional Institution, Warwick; and Massachusetts Correctional Institution, Monroe, prior to his twenty-first birthday.

SECTION 192. Said section 58 of said chapter 119, as so appearing, is hereby further amended by striking out, in lines 97 to 99, inclusive, the words “until such child attains his eighteenth birthday or his nineteenth birthday in the case of a child whose case is disposed of after he has attained his eighteenth birthday” and inserting the following words:- until such child attains their nineteenth birthday or their twentieth birthday in the case of a child whose case is disposed of after they have attained their nineteenth birthday.

SECTION 193. Section 60A of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 17, the words “his fourteenth and eighteenth birthdays” and inserting in place thereof the following words:-  the child’s fourteenth birthday and the child attaining the age of criminal majority.

SECTION 194. Said section 60A of said chapter 119, as so appearing, is hereby further amended by striking out, in line 20, the words, “been age 18 older” and inserting in place thereof the following words:- attained the age of criminal majority.

SECTION 195. Said section 60A of said chapter 119, as so appearing, is hereby further amended by striking out, in line 22, the words “were age 18 or older” and inserting in place thereof the following words:- attained the age of criminal majority.

SECTION 196. Section 63A of said chapter 119, as so appearing, is hereby amended by striking out, in line 1, the words “is 19 years of age” and inserting in place thereof the following words:- attained the age of criminal majority.

SECTION 197. Said section 63A of said chapter 119, as so appearing, is hereby further amended by striking out, in line 2, the figure “18” and inserting in place thereof the following words:- criminal majority.

SECTION 198. Section 65 of chapter 119, as so appearing, is hereby amended by striking out, in line 2, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority.

SECTION 200. Section 66 of said chapter 119, as so appearing, is hereby amended by striking out in lines 3 and 5 the words “18 years of age” and inserting in place thereof, in each instance, the following words:- the age of criminal majority.

SECTION 201. Section 67 of said chapter 119, as so appearing, is hereby amended by striking out, in the words “18 years of age”, each time they appear, and inserting in place thereof the following words:- the age of criminal majority.

SECTION 202.  Section 68 of said chapter 119, as so appearing, is hereby amended by striking out, in line 2, the figure “18” and inserting in place thereof the following words:- criminal majority.

SECTION 203. Said section 68 of said chapter 119, as so appearing, is hereby further amended by striking out in line 34, the words “18 years of age” and inserting in place thereof the following words:-  the age of criminal majority.

SECTION 204. Section 68A of said chapter 119, as so appearing, is hereby amended by striking out, in line 1, the words “18 years of age” and inserting in place thereof the following words:-  the age of criminal majority.

SECTION 205. Section 70 of said chapter 119, as so appearing, is hereby amended by striking out, in line 2, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority.

SECTION 206. Section 72 of said chapter 119, as so appearing, is hereby amended by striking out in lines 2 and 3 the words “their eighteenth birthday” and inserting in place thereof the following words:- the age of criminal majority.

SECTION 207. Said section 72 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 9, the word “twentieth” and inserting in place thereof the following words:- twenty-first.

SECTION 208. Said section 72 of said chapter 119, as so appearing, is hereby further amended by striking out, in lines 10 to 15, inclusive, the words “ prior to his eighteenth birthday, and is not apprehended until between such child’s eighteenth and nineteenth birthday, the court shall deal with such child in the same manner as if he has not attained his eighteenth birthday and all provisions and rights applicable to a child under 18 shall apply to such child” and inserting in place thereof the following words:- prior to attaining the age of criminal majority, and is not apprehended until between such child’s attainment of the age of criminal majority and the subsequent birthday, the court shall deal with such child in the same manner as if they have not attained the age of criminal majority and all provisions and rights applicable to a child under 18 shall apply to such child.

SECTION 209.  Subsection (b) of said section 72 of said chapter 119, as so appearing, is hereby amended by striking out, in line 18, the words “their eighteenth birthday”, in line 18, and inserting in place thereof the following words:- the age of criminal majority

SECTION 210. Section 72A of said chapter 119, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “his eighteenth birthday, and is not apprehended until after his nineteenth birthday,” and inserting in place thereof the following words:-

attaining the age of criminal majority, and is not apprehended until after the person’s subsequent birthday.

SECTION 211. Section 72B of said chapter 119, as so appearing, is hereby amended by striking out, each time they appear, the words “his eighteenth birthday” and inserting in place thereof, in each instance, the following words:- attaining the age of criminal majority.

SECTION 212. Section 74 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “his eighteenth birthday” and inserting in place thereof the following words:- attaining the age of criminal majority.

SECTION 213. Said section 74 of said chapter 119, as so appearing, is hereby further amended by striking out, in lines 10 and 14. the words “18 years of age” and inserting in place thereof, in each instance, the following words:-  the age of criminal majority.

SECTION 214. Section 84 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words “eighteen (or nineteen) years of age” and inserting in place thereof the following words:- the age of criminal majority or one year older.

SECTION 215. Subsection (a) of section 89 of said chapter 119, as so appearing, is hereby amended by striking out, in line 25, the figure “18” and inserting in place thereof the following words:- criminal majority.

SECTION 216. Section 15 of chapter 120 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the figure “18” and inserting in place thereof, in each instance, the following words:- the age of criminal majority.

SECTION 217. Section 21 of said chapter 120, as so appearing, is hereby amended by striking out, in lines 7, 9 and 10, the word “conviction” and inserting in place thereof, in each instance, the following word:- adjudication.

SECTION 218. Said section 21 of said chapter 120, as so appearing, is hereby further amended by striking out, in line 17, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority.

SECTION 219. Section 1 of chapter 128 of the General Laws, as so appearing, is hereby amended by inserting before the definition of “Commissioner” the following definition:-               “Agritourism”, any agriculturally related educational, entertainment, historical, cultural or recreational activity, including, but not limited to, you-pick operations, farm markets or horse farms that offer trail rides and hayrides to the general public conducted on a farm that allows or invites members of the general public to observe, participate in, experience, or enjoy such activities.

SECTION 220. Said chapter 128 is hereby further amended inserting after section 2E the following section:-

Section 2F. (a) A farming property may conduct agritourism activities if: (i) such activities generate not more than 25 per cent of the gross income of farm income; and (ii) not less than 35 per cent of gross farm income is generated come from the sale of products grown on the farm at which the agritourism activity, provided, however, not less than 65 per cent of gross farm income shall come from the sale of products grown on such farm or another farm in the commonwealth.

(b) A non-farming property owner may conduct agritourism activities if: (i) not less than 75 per cent of the acreage of the property is dedicated to traditional agricultural activities; and (ii) not less than 50 per cent of the agricultural product produced on the property, by either gross sales or volume, are purchased by the property and utilized in the agritourism activity.

SECTION 221. Section 1 of chapter 130 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Close season” and inserting in place thereof the following definition:-

“Close season” or “closed season”, the time during which fish cannot lawfully be taken or a time or area when and where the use of fishing gear is prohibited.

SECTION 222. Said section 1 of said chapter 130, as so appearing, is hereby further amended by inserting after the definition of “Fish car” the following 2 definitions:-

“Fishing gear”. a trap, net, fish car or other device that: (i) is intact; (ii) functions as intended to take, hold or capture fish; and (iii) is in the water during open season.

“Fishing gear debris”, a trap, net, fish car or other device that: (i) is not intact; (ii) does not function as intended to take, hold or capture fish; and (iii) is in the water during closed season.

SECTION 223. Said section 1 of said chapter 130, as so appearing, is hereby further amended by striking out the definition of “Open season” and inserting in place thereof the following  definition:-

“Open season”, the time during which fish may lawfully be taken or a time or area where the use of a particular fishing gear is permitted.

SECTION 224. Said chapter 130 is hereby further amended by striking out section 31, as so appearing, and inserting in place thereof the following section:-

Section 31. No person shall, without the consent of the owner, take, use, destroy, injure or molest fishing gear. The division of marine fisheries, with the approval of the marine fisheries advisory commission and the department of fish and game, shall promulgate regulations that may authorize or permit the removal of fishing gear debris from the waters under the jurisdiction of the commonwealth and the adjacent coastal shoreline; provided, however, that fishing gear debris collected by the division shall not be subject to chapter 134.

SECTION 225. Section 32 of said chapter 130 is hereby repealed.

SECTION 226. Chapter 138 of the General Laws is hereby amended by striking out section 15F, as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-

Section 15F. Notwithstanding any other provision of this chapter, the local licensing authority of any city or town in which the granting of licenses to sell alcoholic beverages is authorized in this chapter may issue to an applicant a special license to sell at an indoor or outdoor agricultural event: (i) wine produced by or for the applicant if the wine is in sealed containers for off-premises consumption and the applicant is authorized to operate a farmer-winery under section 19B; (ii) malt beverages produced by or for the applicant if the malt beverages are in sealed containers for off-premises consumption and the applicant is authorized to operate a farmer-brewery under section 19C or a pub brewery under section 19D; or (iii) distilled products produced by or for the applicant if the distilled product is in sealed containers for off-premises consumption and the applicant is authorized to operate a farmer-distillery under section 19E. For the purposes of this section, “agricultural event” shall be limited to those events certified by the department of agricultural resources pursuant to this section.

Sales of alcoholic beverages under this section shall be conducted by the licensee or by an agent, representative or solicitor of the licensee to customers who are not less than 21 years of age. A licensee under this section may provide, at no charge, samples of its alcoholic beverages to prospective customers at an indoor or outdoor agricultural event; provided, however, that such samples shall be served by the licensee or by the agent, representative or solicitor of the licensee to individuals who are at least 21 years of age and shall be consumed in the presence of the licensee or the agent, representative or solicitor of the licensee; provided further, that a sample of: (i) wine shall not exceed 1 ounce; (ii) a distilled product shall not exceed 0.25 ounce; and (iii) a malt beverage shall not exceed 2 ounces; and provided further, that not more than 5 samples of wine or malt beverages and not more than 4 samples of distilled products shall be served to an individual prospective customer.

An applicant for a special license under this section shall first submit a plan to the department of agricultural resources that shall demonstrate that the event is an agricultural event. The plan shall include: (i) a description of the event; (ii) the date, time and location of the event; (iii) a copy of the operational guidelines or rules for the event; (iv) written proof that the prospective licensee has been approved as a vendor at the event, including the name and contact information of the on-site manager; and (v) a plan depicting the premises and the specific location where the license shall be exercised.

Upon review of the plan, the department may certify that the event is an agricultural event; provided, however, that in making that determination, the department shall consider: (i) operation as a farmers' market or agricultural fair approved or inspected by the department; (ii) the frequency and regularity of the event, including dates, times and locations; (iii) the number of vendors; (iv) the terms of vendor agreements; (v) the presence of an on-site manager; (vi) the training of the on-site manager; (vii) any operational guidelines or rules, which shall include vendor eligibility and produce source; (viii) the focus of the event on local agricultural products grown or produced within the market area; (ix) the types of shows or exhibits, including those described in subsection (f) of section 2 of chapter 128; and (x) the event’s sponsorship or operation by an agricultural or horticultural society organized under the laws of the commonwealth or by a local grange organization or association that has a primary purpose of promoting agriculture and its allied industries. The department of agricultural resources may promulgate rules and regulations necessary for the operation, oversight, approval and inspection of agricultural events under this section.

In addition to its application, an applicant for a special license under this section shall file with the local licensing authority proof of certification from the department of agricultural resources that the event is an agricultural event. A special license under this section shall designate the specific premises and the dates and times covered. A special license may be granted for an indoor or outdoor agricultural event that takes place on multiple dates or times during a single calendar year, but a special license shall not be granted for an agricultural event if the event is not scheduled to take place within 1 calendar year.

The special license shall be conspicuously displayed at the licensed premises. A copy of a special license granted by the local licensing authority shall be submitted by the authority to the commission not less than 7 days before the date the agricultural event is scheduled to begin. The local licensing authority may charge a fee for each special license granted, but such fee shall not exceed $50. A special license granted under this section shall be nontransferable to any other person, corporation or organization and shall be clearly marked “nontransferable” on its face.

A special license under this section may be granted by a local licensing authority for a portion of premises that are licensed under section 12; provided, however that: (i) the holder of the special license shall document the legal basis for use of the premises; (ii) the area in which the special license is to be approved shall be physically delineated from the area remaining under the control of the holder of the license granted under said section 12; (iii) the holder of the special license shall be solely liable for all activities that arise out of the special license; and (iv) the holder of the special license shall not pay any consideration directly or indirectly to the holder of the license granted under said section 12 for the access to or use of the premises.

SECTION 227. Section 19C of said chapter 138, as so appearing, is hereby amended by inserting after the word “premises”, in line 124, the following words:-  or in accordance with section 15F.

SECTION 228. Section 19D of said chapter 138, as so appearing, is hereby amended by inserting after the word “premises”, in line 126, the following words:- , or in accordance with section 15F.

SECTION 229. Section 19E of said chapter 138, as so appearing, is hereby amended by inserting after the word “premises”, in line 125, the following words:- , or in accordance with section 15F.

SECTION 230. Section 26 of said chapter 138, as so appearing, is hereby amended by striking out, in lines 3 and 22, the word “his” and inserting in place thereof, in each instance, the following word:- their.

SECTION 231. Said section 26 of said chapter 138, as so appearing, is hereby further amended by inserting after the word “States” in lines 4 and 16, each time it appears, the following words:- or a qualified alien under the Immigration and Nationality Act, 8 U.S.C. 1101.

SECTION 232. Said section 26 of said chapter 138, as so appearing, is hereby further amended by inserting after the word “citizen”, in line 6, the following words:- or qualified alien.

SECTION 233. Said section 26 of said chapter 138, as so appearing, is hereby further amended by striking out, in line 16, the word “him” and inserting in place thereof the following word:- them.

SECTION 234. Said chapter 138 is hereby further amended by inserting after section 33B the following 2 sections:-

Section 33C. In a city or town that accepts this section in the manner provided in section 4 of chapter 4, an establishment holding a license to sell alcohol to be drunk o the premises under this chapter may sell alcoholic beverages or alcohol at a discounted price, in a manner as approved by the city or town.

Section 33D. In a city or town that accepts this section in the manner provided in section 4 of chapter 4, a common victualler duly licensed under chapter 140 or any person duly licensed under section 12 to sell all alcoholic beverages or only wines and malt beverages to be drunk on the premises may discount alcoholic beverages during a specified time period, subject to any ordinances, by-laws or other limitations provided by the city or town; provided, however, that: (i) the prices of alcoholic beverages shall not be changed during the time period in which they are discounted; (ii) alcoholic beverages shall not be discounted between the hours of 10 p.m. and the licensed establishment’s closing hour; and (iii) notice of the sale of discounted alcoholic beverages during the specified time period shall be conspicuously posted on the licensed premises and on the licensee’s publicly available website ot less than 3 days prior to the specified time. Authorized licensees may advertise events permitted under this section with the approval of the local licensing authority.

SECTION 235. Chapter 140 of the General Laws is hereby amended by inserting after section 131Y the following section:-

Section 131Z. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Robotic device”, a device capable of locomotion, navigation, movement or flight that operates at a distance from its operator or supervisor based on commands or in response to sensor data, or a combination thereof, including, but not limited to, an uncrewed aerial vehicle.

“Weapon”, a device designed to threaten or cause death, incapacitation or physical injury to a person including, but not limited to, firearms, chemical agents or irritants, flamethrowers, kinetic impact projectiles, weaponized lasers and explosive devices.

(b) No person shall , t manufacture, modify, sell, transfer, possess or operate a robotic device equipped or mounted with a weapon. Whoever knowingly violates this subsection shall be punished by imprisonment in the state prison for not less than 2½ years and not more than 5 years or in a jail or house of correction for not less than 18 months and not more than 2½ years. Whoever, after having been convicted of any of the offenses in this subsection, commits a second offense in violation of this subsection shall be punished by imprisonment in the state prison for not less than 5 years and not more than 7 years, whoever commits  third such offense, shall be punished by imprisonment in the state prison for not less than 7 years and not more than 10 years and whoever commits a fourth or subsequent offense, shall be punished by imprisonment in the state prison for not less than 10 years and not more than 15 years.

(c) No person shall, use a robotic device to: (i) threaten to commit a crime in violation of section 2 of chapter 275; (ii) harass another person in violation of section 43A of chapter 265; or (iii) physically restrain or to attempt to physically restrain another person. Whoever knowingly violates the of this subsection shall be punished by imprisonment in a house of correction for not more than 2½ years, by a fine of not more than $1,000 or by both such fine and imprisonment. Whoever, after having been convicted of any of the offenses set forth in this subsection, commits a second or subsequent offense under this subsection shall be punished by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 10 years, by a fine of not more than $15,000 or by both such fine and imprisonment.

(d) This section shall not apply to:

(i) the United States Department of Defense or any of its departments, agencies or units;

(ii) the Massachusetts National Guard;

(iii) a defense industrial company with respect to robotic devices that are within the scope of its contract with the United States Department of Defense;

(iv) a defense industrial company with respect to robotic devices that are within the scope of a waiver obtained from the attorney general;

(v) robotic devices within the scope of a waiver obtained from the attorney general solely for the development or testing of technology intended to detect, prevent or mitigate the unauthorized weaponization of robotic devices; any

(vi) robotic devices within the scope of a waiver obtained from the attorney general solely for educational or entertainment purposes; and

(vii) law enforcement agencies or officers, as those terms are defined in section 1 of chapter 6E, acting in the public performance of their duties, to operate a robotic device equipped or mounted with a weapon or disrupter technology: (A) to destroy, defuse or dispose of explosives or suspected explosives; (B) to destroy property when there is an imminent threat of death or serious bodily injury; or (C) for the development, evaluation, testing, education or training relating to the uses authorized in this clause.

(e) A law enforcement agency shall obtain a warrant or other required judicial authorization prior to deploying a robotic device: (i) onto private property in any situation in which a warrant would be required if the entry onto that property were made by an officer; and (ii) to conduct surveillance or location tracking in any situation in which a warrant or other required judicial authorization would be required if such surveillance or tracking were conducted by an officer or by the use of other technology.

(f) A person may bring a civil action for damages and equitable relief, including injunctive relief, resulting from a violation of this section or a regulation promulgated hereunder in a court of competent jurisdiction. A plaintiff who prevails in an action under this section shall be entitled to an award of reasonable attorneys’ fees and costs incurred in connection with such civil action.

(g) A law enforcement agency shall document, as a public record, every instance that it uses a robotic device and submit such information quarterly to the executive office of public safety and security. Reported information shall include: (i) the date and time of the use; (ii) the scope, target and objective of the use; (iii) whether the robotic device was equipped or mounted with a weapon; (iv) the permitted reason for use; and (v) whether a warrant or other legally required judicial authorization was obtained. The executive office of public safety and security shall annually, not later than March 31, publicly post this information on its website.

(h) The secretary of the executive office of public safety may promulgate rules and regulations to carry out the provisions of this section, including rules and regulations related to the permitted uses of robotic devices equipped or mounted with a weapon by law enforcement set forth in subsection (e).

(j) The attorney general shall promulgate rules and regulations relating to the exemptions described in subsection (d).

SECTION 236. Said chapter 140 is hereby further amended by striking out sections 185C and 185D, as appearing in the 2022 Official Edition, and inserting in place thereof the following 2 sections:-

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 deems appropriate, 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 revoked. 

(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 of 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 by the commissioner under subsection (b) of the following acts shall have their license revoked and may be barred from licensure for a period not to exceed 3 years if the licensee: (i) knowingly utilized ticket purchasing software in order to purchase tickets; (ii) knowingly resold or offered to resell a ticket that the 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 of $500 per violation.

Section 185D. (a) A licensee that facilitates the sale or resale of a ticket to any theatrical exhibition, public show, public amusement or exhibition shall disclose in a clear and conspicuous manner the total ticket price inclusive of fees, interests, charges and other components of the total ticket price; provided, however, that the total ticket price may not include shipping charges, taxes and any fees required by federal, state or local law.

(b) The total ticket price shall be disclosed: (i) at the time of the initial presentation or listing of the ticket price and anytime afterwards; (ii) prior to requiring a consumer to provide personal information, including, but not limited to, billing information; provided, however, that such information may be collected if the personal information is necessary to determine if the purchase by the consumer is legal; and (iii) prior to the ticket being selected for purchase. Notwithstanding the foregoing, a ticket purchased for a non-live movie or non-live show at a movie theater may display the ticket price and all ancillary charges after the customer selects the movie or show; provided, however, that all fees shall be clearly and conspicuously provided contemporaneously with the ticket price and prior to requiring a consumer to provide personal information, including billing information; and provided further, that such information may be collected if the personal information is necessary to determine if the purchase is legal.

(c) No licensee under section 185A shall sell or facilitate the sale of tickets or resell or facilitate the resale of any tickets to a theatrical exhibition, public show, public amusement or exhibition of any description without a guarantee to each purchaser of such sold or resold tickets that the purchaser shall be provided a full refund of the amount paid by the purchaser, including, but not limited to, all fees and charges, if any, if the: (i) event for which the ticket has been sold or resold is cancelled; (ii) ticket received by the purchaser does not grant the purchaser admission to the event described on the ticket; (iii) 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) ticket fails to conform to its description as advertised unless the purchaser has preapproved a substitution of tickets. The provision of a replacement ticket to the same event at a comparable location, where applicable, and at no additional cost to the consumer shall be considered a full refund under this section.

(d) Failure to disclose the fees clearly and conspicuously or misrepresenting the total ticket price under this section shall constitute an unfair or deceptive act or practice under chapter 93A.

(e) Any person, firm, corporation or other entity who violates this section may be barred from licensure for not more than 3 years and shall be subject to a civil penalty of not more than $5,000 per violation.

SECTION 237. 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 238. 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 239. 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 shall have failed to pay the judgment or award and the director has determined that reasonable efforts to collect the same have been made.   

SECTION 240. 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 with the fund not more than 7 years from the date of the contract, stating that the contractor has failed to pay the judgment or award and the director has determined that reasonable efforts to collect the same have been made.  

SECTION 241. 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 242. 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” and inserting in place thereof, in each instance, the following figure:- $150,000.    

SECTION 243. Section 15 of said chapter 142A is hereby repealed.   

SECTION 244. 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 3 clauses:- 

(17)  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, the basis for any such action would constitute a basis for disciplinary action in the commonwealth;

(18) 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; and

(19) violating any other provision of this chapter.

SECTION 244. Said section 17 of said chapter 142A, as so appearing, is hereby further amended by adding the following paragraph:- 

For the purposes of this section, the conduct of a contractor or subcontractor shall include the conduct of their agents, employees, salespersons and subcontractors, whether or not an express relationship exists, if the work or activity is within the scope of the contract and not for additional work beyond the contract undertaken by separate agreement with the owner.

SECTION 245. 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 administrative penalties, including, but not limited to, voluntary revocation of the registration.

SECTION 246. Section 53 of chapter 146 of the General Laws, as so appearing, is hereby amended by adding the following 2 subsections:-

(h) A public high school that operates hoisting equipment as part of a vocational technical education program approved under chapter 74 shall be exempt from this section if the school: (i) has not less than 1 supervisory instructor who holds a license issued by the division of occupational licensure pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in charge of hoisting equipment during that period of operation; and (ii) provides an in-service training program for its instructors.

(i) A training facility that is registered with the division of apprentice standards and which trains apprentices for the occupation of operating engineer shall be exempt from this section if the facility: (i) has not less than 1 supervisory instructor who holds a license issued by the division of occupational licensure pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in charge of hoisting equipment during that period of operation; and (ii) provides an in-service training program for its instructors.

SECTION 247. Chapter 147 of the General Laws is hereby amended by striking out section 36, as appearing in the 2022 Official Edition, 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 promulgate rules and regulations for contracts between a manager and an unarmed combatant and a promoter and an unarmed combatant; provided, however, that an unarmed combatant shall not enter into a contract with a manager or promoter unless the contracted is filed with the commission prior to a scheduled contast within an amount of time established by the commission. The commission shall only accept a contract that is executed and notarized on a form provided by the commission unless the terms of the contract otherwise comply with the requirements established by the commission.

(c) The commission shall be the sole arbiter of a complaint that a contestant did not that a contestant did not compete in good faith during a contest and may establish rules governing dispute resolution under this section. If, during a contest, a contestant is believed to not be competing in good faith, a member of the commission or their designee shall withhold any prize, remuneration or purse until a hearing is held. The commission shall, at a hearing following the contest, 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.

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 248. Said chapter 147 is hereby further amended by striking out section 39B, as so appearing, 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 249. Section 192 of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure “203” and inserting in place thereof the following figure:- 204.

SECTION 250. Said chapter 149 is hereby further amended by adding the following section:-

Section 204. (a) A client and a registered PEO or PEO group as defined in section 192 shall each be deemed an employer for the purposes of sponsoring retirement and welfare benefit plans for its covered employees.

(b) A fully-insured welfare benefit plan offered to the covered employees of a PEO or PEO group shall be treated as a single employer welfare benefit plan.

(c) A PEO or PEO group shall be deemed the employer of covered employees under chapter 176J, and all such covered employees shall be included in the full-time equivalents count for purposes of a fully-insured health insurance plan sponsored by a PEO or PEO group.

SECTION 251. Subsection (4) of section 25Q of chapter 152 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Subsection (1) shall not apply to groups that have been in existence for not less than 5 years and have established a premium payment plan acceptable to the commissioner.

SECTION 252. Section 2 of the chapter 167F of the General Laws, as so appearing, is hereby amended by striking out, in lines 343 and 344, the words “Massachusetts Growth Capital Corporation created under chapter 40W” and inserting in place thereof the following words:- growth capital division of the Massachusetts Development Finance Agency established in section 2 of chapter 23G.

SECTION 253. Paragraph 14G of section 63 of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out clauses (2) and (3) and inserting in place thereof the following 3 clauses:-

(2) initially rated NAIC 1 or NAIC 2 subsequent to such acquisition, either by the NAIC-SVO or by the insurer pursuant to a filing exemption in accordance with the requirements of the NAIC-SVO;

(3) are provisionally rated NAIC 1Z or NAIC 2Z by the insurer in accordance with the requirements of the NAIC-SVO; provided, however, that in the event that the provisionally rated bonds, notes, evidences of indebtedness or contractual obligations for the payment of money or the long-term debt of the institution or institutions issuing, assuming or guaranteeing the bonds, notes, evidences of indebtedness or contractual obligations for the payment of money subsequently fail to qualify under clause (1) or  (2) after any appeal by the insurer within the applicable time periods specified by the NAIC-SVO, the bonds, notes, evidences of indebtedness or contractual obligations for the payment of money shall no longer qualify as permitted investments under this paragraph; provided further, that no company may invest more than an aggregate of 2 per cent of its admitted assets in bonds, notes, evidences of indebtedness or contractual obligations for the payment of money issued, guaranteed or insured by any one institution pursuant to this paragraph; or

(4) are of an exchange-traded fund registered pursuant to the Investment Company Act of 1940; provided, that:

(i) the exchange-traded fund is solvent and reported not less than $100,000,000 of net assets in its latest annual or more recent certified audited financial statement;

(ii) the exchange-traded fund operates as a corporation, trust or other substantially similar legal structure registered with the Securities and Exchange Commission pursuant to the Investment Company Act of 1940, and the offered shares of the exchange-traded fund are registered under the Securities Act of 1933; provided, however, that each exchange-traded fund shall be treated as the issuer of the securities issued by the fund for the purposes of this paragraph;

(iii) the NAIC-SVO has designated the exchange-traded fund as meeting the criteria to be placed on the list promulgated by the NAIC-SVO of exchange-traded funds eligible for reporting as a long-term bond in the purposes and procedures manual of the NAIC-SVO or a successor publication; and

(iv) the amount of the domestic stock or mutual life company’s investment in the exchange-traded fund does not exceed 15 per cent of said company’s capital and surplus.

Subclause (iii) shall not authorize a domestic stock or mutual life company to invest in a bond exchange-traded fund that has embedded structural features designed to deliver performance that does not track the full unlevered and positive return of the underlying index or exposure, including a leverage or inverse exchange-traded fund.

An insurer may deposit with the department shares of a bond exchange-traded fund described by clause (4) as a statutory deposit if state law requires a statutory deposit from the insurer.

SECTION 254. Subsection (f) of section 2A of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out in line 106, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority.

SECTION 255. 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:-  exceeding $500 per year.

SECTION 256. Section 35C of chapter 244 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(i)(1) For purposes of this subsection, the following words shall have the following meanings unless the context clearly requires otherwise:

“Entity”, an entity with a tax-exempt filing status under section 501(c)(3) of the Internal Revenue Code or an entity controlled by an entity with such tax-exempt filing status.

“Shared appreciation mortgage”, a mortgage or security instrument that is a second lien on the residential property for the percentage of shared appreciation required to be paid under the accompanying shared appreciation promissory note and secured by such shared appreciation mortgage.

“Shared appreciation”, the percentage share of the appreciation in the value of a residential property as defined in a shared appreciation mortgage and shared appreciation promissory note.

(2) If an entity obtains from a person acquiring or re-acquiring a residential property a shared appreciation mortgage encumbering such residential property that secures the contingent right of the entity to receive a percentage share of the appreciation in value of such residential property upon: (i) the sale, conveyance, assignment or other transfer thereof; (ii) refinancing or other payoff or satisfaction of the new first priority mortgage loan encumbering such residential property; or (iii) the occurrence of other events specified in such shared appreciation mortgage or such shared appreciation promissory note, including reaching a defined maturity date, then the entity and the maker, lender, grantor or holder of the new first priority mortgage loan shall not be liable for monetary relief, injunctive relief or other equitable relief at common law or by statute, including chapter 93A, chapter 140D, chapter 183C and section 49 of chapter 271 for the use of or the terms of said shared appreciation mortgage or shared appreciation promissory note, so long as such person receives a full disclosure, in writing as required herein and in ‎advance of the closing of such person’s acquisition or re-acquisition of ‎such residential property, stating that such person will be required to enter into a shared appreciation mortgage and shared appreciation promissory note to such entity at said closing  and upon such person’s entering into a new first priority mortgage loan. A shared appreciation mortgage and shared appreciation promissory note offered under this subsection shall be permitted only if a person has received notice or is otherwise shown to be not less than 90 days delinquent on their prior mortgage loan. An offer for a shared appreciation mortgage shall be invalid if there is no reduction of the prior delinquent mortgage loan principal the person owes or owed when the person acquires or re-acquires such residential property and enters into a new first priority mortgage loan.

(3) An entity shall not offer a shared appreciation mortgage and shared appreciation promissory note to a person without first providing written notice disclosing substantially the following information:

Notice of Shared Appreciation Mortgage Agreement

In connection with your acquisition or re-acquisition of your property at _______________, the undersigned entity intends to make an offer to you to enter into a shared appreciation mortgage and shared appreciation promissory note. Please be advised that under such shared appreciation mortgage and promissory note:

You will not be required to make any payment on the shared appreciation mortgage or shared appreciation note during the mortgage term.

You must pay the shared appreciation mortgage upon refinancing of your new first priority mortgage loan or upon the sale of the property.

Your percentage of shared appreciation will be based on the amount that your prior mortgage debt has been reduced.

(4) Said written notice may include substantially the following information:

You are encouraged to discuss this agreement with family, community service providers, housing counselors or others at any time during this mortgage process. If you fail or refuse to seek housing counseling, the entity may choose not to proceed. A list of housing counselors certified by the United States Department of Housing and Urban Development is enclosed with this notice or has otherwise been provided.

In order to proceed with this transaction, you must sign, date and return this notice to us promptly, but in not less than 7 days after your receipt of this notice.

By signing this notice, you are not bound to proceed to enter into a shared appreciation mortgage and promissory note. The entity has no obligation to proceed to assist you with acquiring or reacquiring a residential property or otherwise proceed to negotiate a shared appreciation mortgage and promissory note. No shared appreciation mortgage or promissory note shall be binding on you or the entity until a final shared appreciation mortgage and note are signed and dated by both you and the entity.

Your shared appreciation mortgage and promissory note shall become due and payable upon the sale, conveyance, assignment or other transfer of your residential property, upon refinancing of the new first priority mortgage loan encumbering such residential property, or other payoff or satisfaction of such new first priority mortgage loan, or upon the occurrence of other events specified in the shared appreciation mortgage or shared appreciation promissory note, including reaching a defined maturity date.

(5) The attorney general may promulgate rules and regulations to implement this subsection.

SECTION 257. Section 13 of chapter 250 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure “18” and inserting in place thereof the following words:- criminal majority.

SECTION 258. Section 2 of chapter 258E of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the figure “18” and inserting in place thereof the following words:- criminal majority.

SECTION 259. Section 15A of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.

SECTION 260. Said section 15A of said chapter 265, as so appearing, is hereby further amended by striking out, in line 46, the words “is 18 years of age or older” and inserting in place thereof the following words:- has attained the age of criminal responsibility.

SECTION 261. Section 15B of said chapter 265, as so appearing, is hereby amended by striking out, in line 24, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.

SECTION 262. Section 18 of said chapter 265, as so appearing, is hereby amended by striking out, in lines 26 and 27, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.

SECTION 263. Section 18B of said chapter 265, as so appearing, is hereby amended by striking out, in lines 43 and 44, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.

SECTION 264. Section 19 of said chapter 265, as so appearing, is hereby amended by striking out, in lines 23 and 24, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.

SECTION 265. Section 43 of said chapter 265, as so appearing, is hereby amended by striking out, in lines 56 and 89, the words “18 years of age or over”, each time they appear, and inserting in place thereof, in each instance, the following words:- who has attained the age of criminal majority.

SECTION 266. Section 59 of said chapter 265, as so appearing, is hereby amended by striking out the figure “18” and inserting in place thereof the following words:- criminal majority.

SECTION 267. Section 10 of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in line 53 and 223, the words “18 years of age or older”, each time they appear, and inserting in place thereof, in both instances, the following words:- who has attained the age of criminal majority.

SECTION 268. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in line 55, the figure “18” and inserting in place thereof the words:- the age of criminal majority.

SECTION 269. Section 10E of said chapter 269, as so appearing, is hereby amended by striking out, in lines 40 and 41, the words “, 18 years of age or over,” and inserting in place thereof the following words:- who has attained the age of criminal majority.

SECTION 270.  Said section 10E of said chapter 269, as so appearing, is hereby further amended by striking out, in line 42, the figure “18” and inserting in place thereof the words:- the age of criminal majority.

SECTION 271. Section 10F of said chapter 269, as so appearing, is hereby amended by striking out, in lines 4 and 28, the words “18 years of age or over”, each time they appear, and inserting in place thereof, in each instance, the following words:- who has attained the age of criminal majority.

SECTION 272. Said section 10F of said chapter 269, as so appearing, is hereby further amended by striking out, in line 32, the figure “18” and inserting in place thereof the following words:- criminal majority.

SECTION 273. Said section 10F of said chapter 269, as so appearing, is hereby further amended by striking out, in lines 50 and 51, the words “17 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.

SECTION 274. Section 10G of said chapter 269, as so appearing, is hereby amended by striking out, in lines 34 and 35, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.

SECTION 275. Section 87 of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the figure “18” and inserting in place thereof the following words:- criminal majority.

SECTION 276. Said section 87 of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words “was eighteen years of age or older” and inserting in place thereof the following words:- had attained the age of criminal majority.

SECTION 277. Section 89A of said chapter 276, as so appearing, is hereby amended by striking out, in line 3, the figure “18” and inserting in place thereof the following words:- criminal majority.

SECTION 278. Section 89B of said chapter 276, as so appearing, is hereby amended by striking out, in line 3, the words “are 18 to 24” and inserting in place thereof the following words:- attained the age of criminal majority and are under 25.

SECTION 279. Section 100D of said chapter 276, as so appearing, is hereby amended by striking out, in line 8, the figure “17” and inserting in place thereof the following words:- criminal majority.

SECTION 280. Section 6B of chapter 280 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “18 years” and inserting in place thereof the following words:- criminal majority.

SECTION 281.  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 282.  Said section 10 of said chapter 498, as so amended, is hereby further amended by adding the following paragraph:-

Notwithstanding the Reuse Plan and associated zoning by-laws under this section or any other general or special law to the contrary, there shall be: (i) no square foot limit or cap on the amount of commercial or industrial development that may occur within Devens; and (ii) no limit or cap on the number of residential units that may be developed within Devens. Nothing in this section shall modify any 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 283. Item 7066-8110 of section 2 of chapter 113 of the acts of 2018 is hereby amended by striking out the words “for heating, ventilation and air conditioning systems at the University of Massachusetts at Dartmouth” and inserting in place thereof the following words:- for capital improvements for the premises located at 182 Union street in the city of New Bedford.

SECTION 284. Item 7002-8036 of section 2 of chapter 358 of the acts of 2020 is hereby amended by striking out the words “the University of Massachusetts at Dartmouth Star Store college of visual and performing arts campus” and inserting in place thereof the following words:- the Star Store located at 182 Union street.

SECTION 285. Section 148 of chapter 24 of the acts of 2021 is hereby amended by striking out the figure "2025" and inserting in place thereof the following figure:- 2030.

SECTION 286. Section 73 of chapter 2 of the acts of 2023 is hereby amended by striking out the words "August 1, 2024", each time they appear, and inserting in place thereof, in each instance, the following words:- "December 31, 2024".

SECTION 287.  Not later than 30 days after the effective date of this act, the secretary of economic development and the secretary of housing and 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 Enterprise Commission 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 zoning by-laws of the Devens Regional Enterprise Zone. The secretary of economic development and the secretary of housing and livable communities shall report the findings of the working group within 180 days after the effective date of this act.

SECTION 288. (a) There shall be established within the executive office of economic development a 5-year pilot surety bond assistance 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, providing: (i) technical assistance to eligible contractors to secure surety bonds; and (ii) financial assistance to guarantee surety bonds required on behalf of the commonwealth or on behalf of a county, city, town, district, 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 shall promulgate regulations or guidelines to establish eligibility requirements and other program terms; provided, however that such eligibility requirements shall seek to direct the financial assistance provided by the program to ensure fair participation of businesses owned by persons from socially and economically disadvantaged groups for whom access to capital facility projects and state-assisted building projects has been historically limited. The executive office may administer the program through contracts with the Massachusetts Development Finance Agency or the Massachusetts Growth Capital Corporation.

(c) Not later than December 31 of each year of the pilot program, the executive office shall provide a public report on its website detailing the activities of the program, 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. 

(d) Implementation of this section shall be subject to the United States Treasury’s approval of the use of federal funding for the purposes described herein.

SECTION 289. (a) For purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: 

“Approval”, except as otherwise provided in subsection (b), a permit, certificate, order, excluding enforcement orders, license, certification, determination, exemption, variance, waiver, building permit or other approval or determination of rights from a municipal, regional or state governmental entity, including any agency, department, commission or other instrumentality thereof, concerning the use or development of real property, 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, sections 61 to 62L, inclusive, of chapter 30 of the General Laws, chapter 30A of the General Laws, chapters 40 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, chapter 665 of the acts of 1956 or any local by-law or ordinance.

“Development”, a 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, any grading, soil removal or relocation, excavation or landfill, any use or change in the use of any building or other structure or land or the extension of the use of land.

“Tolling period”, 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.  

(2) 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 the authority relating to the sale, acquisition, lease or development of real property owned, in whole or in part, by the department or the authority or the sale, acquisition, lease or development of any interest therein related to such real property pursuant to chapter 6C of the General Laws or chapter 161A of the General Laws; (v) any approval from or issued by the department of environmental protection; (vi) any approval issued pursuant to section 40A of said chapter 131 or corresponding regulations under 310 CMR 10.00; (vii) any approval issued pursuant to section 13 of chapter 21A of the General Laws or corresponding regulations under 310 CMR 15.000; or (viii) any enforcement order, consent decree or settlement agreement. 

(3) 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 such specific permit or approval or the law or regulation under which such permit or approval was issued contains language authorizing the modification or revocation of the permit or approval. 

(4) If an approval tolled under this section is based upon the connection to a sanitary sewer system, the approval's extension shall be contingent upon the availability of sufficient capacity, on the part of the treatment facility, to accommodate the development for which approval has been extended. If sufficient capacity is not available, those permit holders whose approvals have been extended shall have priority with regard to the further allocation of gallonage over those 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 the order granting the original approval of the connection. 

(5) 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, the approval shall not be extended under this section.

(6) 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. 

(7) Any project covered by approval in effect during the tolling period shall be governed by any applicable local ordinance or by-law, if any, in effect at the time of the granting of the approval unless the owner or petitioner of the project elects to waive this section.

SECTION 290. The commissioner of the department of agriculture shall conduct a study on the presence of substances including, but not limited to, mercury, parabens, estrogenic chemicals from placenta, benzophenone, diethanolamine, nonylphenol, phthalates and talc powder and other chemicals known to be endocrine disruptors in cosmetic products and the potential negative effects of such substance-containing cosmetic products on minors. The study shall include, but not be limited to: (i) the effects of such substance-containing products on the health of persons under the age of 18; (ii) the effect of advertisements, whether oral, written, graphic or pictorial, that encourage minors to purchase cosmetic products containing such substances;  (iii) the use of images, voices or depictions of persons under the age of 18 for the purpose of promoting the sale of such substance-containing  cosmetic products including, but not limited to, hair relaxers and skin bleaching products, including an analysis of the use of images of minors delineated by age, race and sex; (iv) a list of cosmetic products that use child like images or children to market such substance-containing cosmetic products; and (v) a geographic analysis  of the areas in the commonwealth where such substance-containing cosmetic products are sold.

The commissioner shall submit a report of its findings and recommendations to the joint committee on public health, the joint committee on racial equity, civil rights and inclusion  and the senate and house committees on ways and means not later than May 1, 2025.

SECTION 291. (a) There shall be a special legislative commission to study and develop recommendations for supporting investments, policies and practices designed to promote equity in agriculture for socially disadvantaged groups in the commonwealth that have been historically excluded or have had less access to resources and opportunities in agriculture.

(b) The commission shall consist of: the commissioner of agricultural resources or a designee, who shall serve as chair; the chairs of the joint committee on agriculture; 1 member appointed by the Massachusetts Black and Latino Legislative Caucus; 1 member appointed by the Massachusetts House Asian Caucus; 2 members appointed by the Massachusetts food system caucus; 2 members appointed by the commissioner of agricultural resources who shall represent buy local groups funded by the department of agricultural resources; 2 members appointed by the Massachusetts Food System Collaborative; 1 member appointed by the commission on the status of African Americans; 2 members appointed by nonprofit organizations with the primary purpose of working with farmers from socially disadvantaged groups; 1 member appointed by the commission on the status of Latinos and Latinas; 1 member appointed by the commission on the status of Asian Americans and Pacific Islanders; 1 member appointed by the commission on Indian affairs; 1 member appointed by Massachusetts Farm Bureau Federation, Incorporated; 1 member appointed by the Mass Farmers Markets; and 1 member appointed by the Center for Agriculture, Food, and the Environment at the University of Massachusetts at Amherst. Members appointed to the commission shall, to the extent possible, represent a diversity of knowledge of urban and rural agricultural practices and experiences and be knowledgeable in agriculture.

(c) The commission shall investigate and study methods to promote equity in agriculture in the commonwealth and shall prepare a report including, but not limited to, recommendations related to: (i) data collection and dissemination; (ii) benchmark development and targeting areas of need; (iii) equitable access to grant programs and distribution of funds; (iv) increasing equity in the legislative, regulatory and sub-regulatory processes to support agriculture in the commonwealth; (v) improving equity in programs and services offered by the department of agricultural resources including, but not limited to, programs regarding land access and protection, farmer technical assistance and education, marketing and other existing programs identified by the commission; and (vi) the implementation and monitoring of equity goals in agriculture in the commonwealth established by the commission. The department of agricultural resources shall furnish reasonable staff and other support for the work of the commission.

(d) The commission shall hold not less than 3 public hearings in geographically diverse regions of the commonwealth; provided, however, that not less than 1 public hearing shall be held in a rural area and not less than 1 public hearing shall be held in an urban area with potential for increased urban agriculture.

(e) Not later than December 31, 2027, the commission shall file a report and any recommendations, including any legislation necessary to carry out the recommendations, with the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on agriculture. The report shall be made publicly available on the website of the department of agricultural resources.

SECTION 292.  There shall be a commission to study and make recommendations relative to the redomestication of the production of pharmaceutical products, for the purpose of encouraging, supporting, and incentivizing the production within the commonwealth of pharmaceutical products that are currently produced outside of the United States. The commission shall consist of the following members, including: the secretary of economic development or a designee, who shall serve as chair, the secretary of health and human services or a designee, 2 members appointed by the speaker of the house of representatives, 1 member appointed by the minority leader of the house of representatives, 2 members appointed by the senate president, 1 member appointed by the minority leader of the senate, 1 member appointed by the attorney general, whom shall have expertise in the law of intellectual property, and 12 members appointed by the governor, 2 of whom shall represent current manufacturers of pharmaceuticals in the commonwealth, 2 of whom shall represent businesses engaged in pharmaceutical research and development in the commonwealth, 1 of whom shall have expertise in manufacturing and materials logistics, 2 of whom shall represent institutions of higher learning in life sciences or business programs in the commonwealth, 1 of whom shall be an economist with expertise in the life sciences, 1 of whom shall represent organized labor, 1 of whom shall represent a patient advocacy organization, and 2 of whom shall represent consumers.

The commission shall: (i) meet not less than quarterly; (ii) conduct not less than 1 public hearing annually, which shall be accessible for remote electronic participation; and (iii) consult regularly with current and prospective manufacturers of pharmaceutical products in the commonwealth, provided, however, that the commission shall consider current barriers to pharmaceutical production in the commonwealth and the United States, incentives to encourage the relocation of pharmaceutical production to the commonwealth and the costs and benefits to the commonwealth of such relocation.

Annually, not later than July 1, prior to the issuance of a final report pursuant to this section, the commission shall file a report, together with any legislative and regulatory recommendations, with the secretary of economic development, the secretary of health and human services, the joint committee on economic development and emerging technologies, the joint committee on health care financing and the clerks of the senate and house of representatives.

The commission shall file its final report on July 1, 2029.

SECTION 293. (a) There shall be a special working group on youth sports to conduct an investigation and study of the current state of youth sports. The working group shall study and make recommendations relative to the regulation of youth sports, including, but not limited to: (i) maximum participation hours per youth sport in a defined period of time; (ii) licensing of businesses and coaches, including licensing fees and the conditions under which any such licensing fee may be waived to promote access to participation; and (iii) standards for player safety, including concussion protocols and athletic trainer requirements. The working group shall conduct not less than 3 public hearings.

(b) The working group shall consist of: the chair of the Massachusetts state athletic commission, who shall serve as chair of the working group; 2 members appointed by the president of the senate; 2 members appointed by the speaker of the house of representatives; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; and 7 members appointed by the governor who shall have experience and expertise in youth sports. Members of the working group shall not be compensated for their service.

(c) The working group shall report to the general court and the Massachusetts state athletic commission the results of its investigation and study and its recommendations, if any, together with drafts of regulations to be promulgated by the commission and legislation necessary to carry its recommendations into effect, by filing the same with the commission, the clerks of the senate and house of representatives, the joint committee on economic development and emerging technologies and the joint committee on health care financing not later than 120 days after the third public hearing conducted by the working group.

SECTION 294. (a) The department of elementary and secondary education shall, in consultation with relevant stakeholders and with the solicitation of public comment for a period of not less than 90 days, implement a 5-year pilot program to develop additional pathways for granting educator certification.

(b) The additional pathways may allow for waiver of not more than 1 of the testing requirements pursuant to section 38G of chapter 71 of the General Laws, per candidate, and may include consideration of factors including, but not limited to, whether a candidate has: (i) completed field-based experience of not less than 2 years in the role and at the level of the license sought; (ii) obtained certification in another state or territory in the United States, the District of Columbia, or the Commonwealth of Puerto Rico, as approved by the department; (iii) completed a satisfactory portfolio of items as determined by the department; (iv) obtained a master’s degree or doctorate from an accredited institution, provided that the advanced degree relates to the content area for which the individual is seeking certification, as determined by the department; or (v) completed a department-approved educator preparation program for the role and at the level of the license sought. This process shall give consideration to necessary accommodations for a person with a disability as defined in 42 U.S.C. §12102 and comply with other applicable state and federal laws.

(c) The department shall inform public school districts or charter schools which employ educators licensed through this pilot program of the supports and resources available for the educators to be effective, including, but not limited to, policies aligned with the guidelines established in section 38G ¾ of chapter 71 of the General Laws.

(d) The department shall conduct a comprehensive evaluation of the pilot program and the use of the additional licensure pathways during the pilot period. The evaluation shall include: (i) a measurement of student impacts according to factors determined by the department; (ii) an assessment of progress made in diversifying the educator workforce, including data on the demographics of participants, hiring rates and demographics of the districts and schools where candidates were hired, aggregated evaluation ratings and retention rates; and (iii) an assessment of the impacts on candidates of diverse backgrounds.

(e) The department shall file a report including the evaluation of the pilot program with the clerks of the house of representatives and the senate and the joint committee on education no later than 1 year after the conclusion of the pilot program.

SECTION 295. (a) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall study the feasibility of establishing a program which allows certain educator candidates to complete the testing requirements pursuant to section 38G of chapter 71 of the General Laws at no cost to candidates. Such program shall apply to candidates who are determined by the department to qualify for financial assistance, or have: (i) attempted to complete the testing requirements pursuant to said section 38G of said chapter 71; (ii) failed to meet the minimum score requirements established by the department; and (iii) earned a score or scores within 1 standard error of measurement of passing, as determined by the department. The study may include analysis of prior or existing voucher systems designed to pay for licensure test fees.

(b) Not later than October 1, 2025, the department shall file a report, including any analysis or recommendations on the feasibility of the program with the clerks of the senate and the house of representatives and the joint committee on education.

SECTION 296. (a) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall conduct a study analyzing the potential bias and accessibility of assessments used by educator candidates to complete the testing requirements pursuant to section 38G of chapter 71 of the General Laws.

(b) Not later than October 1, 2025, the department shall file a report with the clerks of the senate and the house of representatives and the joint committee on education on reducing potential bias and increasing accessibility of assessments used by educator candidates to complete the testing requirements pursuant to section 38G of chapter 71 of the General Laws, including any analysis or recommendations. The report shall include: (i) an analysis of potential racial, cultural, or linguistic biases of assessments used by educator candidates; (ii) data on candidates applying for accommodations and those receiving accommodations; (iii) data on the types of accommodations requests received and those granted; (iv) data on candidates retaking the assessment and any accommodations requested by such candidates; and (v) data on the passing rates for candidates who received accommodations and all candidates passing the assessment.

SECTION 297. (a) Notwithstanding any general or special law to the contrary, the department shall conduct a study and report on potential initiatives to incentivize diverse and highly effective educators to work in high-needs schools and districts, including incentives to recruit new and diverse teachers to high-needs schools and policies or practices to retain diverse and effective teachers currently teaching in high-needs schools. For the purposes of this section, “high-needs schools or districts” shall mean a school or district with a high percentage of low-income students and English learners, which may include a school or district implementing a turnaround plan.

(b) Not later than October 1, 2025, the department shall file a report with the clerks of the senate and house of representatives and the joint committee on education, including any analysis or recommendations. The report shall include, but not be limited to: (i) a survey of educator salaries and benefits across school districts and charter schools; (ii) an assessment of potential incentives to attract educators to high-needs school districts, including but not limited to the establishment of loan forgiveness, scholarship, and housing support programs and the status of such currently or previously existing state programs; (iii) the feasibility of financial incentives for achieving National Board certification; (iv) the feasibility of establishing a master educator corps program to be administered by the department and to incentivize educators that have achieved a certain level of mastery to transfer to high-needs school districts; (v) an assessment of a salary parity scale for educators that have switched to high-needs school districts; (vi) any other program, as determined by the department, to help meet the educator requirements of high-needs school districts; and (vii) an assessment of any additional actions necessary to achieve these objectives.

SECTION 298. (a) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall, subject to appropriation, develop and administer a pilot program for teacher apprenticeships.

(b) The department shall file a report with the clerks of the senate and house of representatives and the joint committee on education not more than 1 year after the completion of the pilot on the outcome of the pilot program and recommendations for making the apprenticeship program permanent.

SECTION 299. (a) Not later than October 1, 2025, the department of elementary and secondary education or any department or agency thereof designated by the executive office, shall establish a public information campaign, which shall be for a duration of not less than 1 year, to educate and promote awareness to the public of available state scholarships and loan forgiveness programs for prospective educators. The campaign shall include, but not be limited to, information about the availability of and eligibility for such scholarships and loan forgiveness programs. The department of elementary and secondary education, or any department or agency thereof designated by the executive office, shall seek to ensure that the public information campaign reaches individuals applying to public institutions of higher education under section 5 of chapter 15A of the General Laws and community colleges under section 10 of said chapter 15A of the General Laws.

(b) Not later than October 1, 2027, the department shall report to the joint committee on education on the impact of the public information campaign, including data on the numbers of applicants for available state scholarships and loan forgiveness programs and the awarding of such scholarships and loan forgiveness program participants.

SECTION 300. The state athletic commission, in coordination with the special working group established in section 293, shall conduct a public education campaign regarding youth sports. The commission shall exercise its discretion with regard to distribution means and methods; provided, however, that said campaign shall be directed primarily toward parents, coaches, youth athletes and other members of the public. The campaign shall include, but not be limited to, the physical and mental health, personal financial and economic development impacts of youth sports. The commission shall consult with subject matter experts in the preparation of said campaign, including on the matters of single sport specialization, appropriate training and overtraining conscious of athlete age and the relationship between youth sports participation and higher education or career outcomes.

SECTION 301. 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. 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 those 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 senate and house of representatives, 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 302. (a) The department of public health shall conduct a study to evaluate the safety and feasibility of the sale of cottage foods in the commonwealth; provided, however, that for the purposes of this section, "cottage foods" shall mean foods produced in a home kitchen or similar setting and are sold directly to consumers.

(b) The study shall: (i) assess the potential health risks associated with the production and sale of cottage foods: (ii) evaluate current regulations and standards in other states regarding cottage foods; (iii) analyze the economic impact on small-scale food producers and local communities; (iv) consider consumer demand and preferences for cottage foods; and (v) identify any necessary safeguards or regulatory measures to ensure public health and safety. The department may consult with representatives from local boards of health, small-scale food producers, consumer advocacy groups and food safety experts.

(c) The department shall submit a report of its findings and recommendations to the joint committee on public health and the senate and house committees on ways and means not later than May 1, 2025.

SECTION 303. (a)  Upon the effective date of this act, all employees and officers of the Massachusetts Growth Capital Corporation shall be deemed employees and officers of the Massachusetts Development Finance Agency. For the purposes of this section, the Massachusetts Growth Capital Corporation shall be the transferor agency and the Massachusetts Development Finance Agency shall be the transferee agency.

(c) All petitions, requests, investigations and other proceedings appropriately and duly brought before the transferor agency or duly begun by the transferor agency and pending before it before the effective date of this act shall continue unabated and remain in force but shall be assumed and completed by the transferee agency.

(d) All orders, findings, rules and regulations duly made and all approvals duly granted by the transferor agency that are in force immediately before the effective date of this act shall continue in force until superseded, revised, rescinded or canceled by the transferee agency.

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of the transferor agency, shall be transferred to the transferee agency. All duly existing contracts, leases and obligations of the transferor agency shall continue in effect and shall be assumed by the transferee agency.

(f) All powers, duties and obligations of the transferor agency pursuant to any general or special law shall remain in effect after the effective date of this act and shall become powers, duties and obligations of the transferee agency. 

(g) No existing right or remedy shall be lost, impaired or affected by this section.

(h) All references in any general or special law to the Massachusetts Growth Capital Corporation or an officer or employee thereof shall refer to the Massachusetts Development Finance Agency or an officer or employee thereof.

SECTION 304. Not later than 30 days after the effective date of this act, the governor shall appoint 5 new members of the board of directors of the Massachusetts Development Finance Agency, 1 of whom shall be experienced in community economic development and employed by a community development corporation or a representative of the Massachusetts Association of Community Development Corporations, 1 of whom shall be a representative of a community bank in the commonwealth, 1 of whom shall be a representative of an organization of small businesses or manufacturing companies in the commonwealth, 1 of whom shall be experienced in small business financing or restructuring and 1 of whom shall be a small business owner. 

SECTION 305. (a) Notwithstanding any general or special law to the contrary, a certain parcel of land located at 173 Alford street situated partly in the city of Everett and partly in the city of Boston shall be removed from and not be considered to be within the boundaries or a part of the Mystic River designated port area pursuant to 310 C.M.R. 25 and 310 C.M.R. 9 or any other applicable law, rule or regulation to convert the parcel into a professional soccer stadium and a waterfront park. The parcel consists of approximately 43.11 acres and is located on the southeasterly side of Alford street, on the southwesterly side of Dexter street and bounded southerly by the Mystic river and is more particularly described in a deed recorded in the land court department of the Middlesex southern district registry of deeds as document number 1554521 and recorded in the Middlesex southern district registry of deeds in book 56211, page 350 and also recorded in the land court department in the Suffolk county registry of deeds as document number 786425 and recorded in the Suffolk county registry of deeds in book 47428, page 145. Site redevelopment on the parcel shall be subject to licensing in accordance with 310 C.M.R. 9 as a nonwater-dependent use.

(b) If the professional soccer stadium and waterfront park fail to be permitted and constructed within a reasonable time after the effective date of this act, as determined by the secretary of energy and environmental affairs, subsection (a) shall be void and the port area designation and corresponding use restrictions under 310 C.M.R. 25 and 310 C.M.R. 9 shall be restored to the parcel; provided, however, that such determination of a reasonable time period shall not be made earlier than 5 years after the effective date of this act.

Nothing in this section shall exempt or alter the site’s obligations under chapter 91 of the General Laws or 310 C.M.R. 9 beyond designated port area-related use restrictions.

(c) The department of environmental protection, in consultation with the office of coastal zone management, shall: (i) complete a review of existing designated port area criteria and use restrictions; and (ii) update relevant regulations based on the results of the review; provided, however, that updates to regulations shall include, but not be limited to: (A) the protection of traditional maritime industrial activities; (B) the addition of allowable uses consistent with future maritime industrial uses and clean energy activities; (C) the reevaluation of compatible uses within designated port areas; (D) a requirement, to the extent feasible, that all traditional and new allowed uses be resilient to coastal flood damage; (E) examining the feasibility of creating working port easements to purchase development rights from landowners in designated port areas; (F) opportunities to create grants and revolving loan funds to update port infrastructure, including conversion from 1 designated port area use to another designated port area use; (G) consideration of coastal flood resilience for inland neighborhoods; and (H) an assessment of new and adjacent areas that could be added to designated port areas to reduce net loss of acreage.

(d) Except for any boundary adjustments provided for in subsection (a), there shall be no boundary adjustments to designated port areas until the review required in subsection (c) is completed; provided, however, that the department and the office shall complete the review not later than January 1, 2025; and provided further, that the department and the office may continue to conduct boundary reviews.

(e) The commonwealth, having previously transferred control to and taken on the behalf of the city of Boston a certain parcel of land situated in the city of Boston, being a part of a state highway location, layout no. 5242, dated September 11, 1962, and shown as Parcel No. 8 in an order of taking recorded with layout no. 5242 in the Suffolk county registry of deeds in book 7681, page 307, as shown on the plan filed therewith, and also shown as parcel 0201831001 on the city of Boston assessors’ maps, shall transfer, remise and release to the city of Boston any interest the commonwealth may have in such parcel.

SECTION 306. The initial regulations required to be promulgated by the executive office of energy and environmental affairs or its designated agency under section 29 of chapter 21A of the General Laws and the initial regulations required to be promulgated by the division of standards under section 59 of chapter 98 of the General Laws shall be promulgated not later than February 1, 2026 and shall apply to chargers installed on or after June 1, 2026.

SECTION 307. Notwithstanding any general or special law to the contrary, the secretary of administration and finance, following a public hearing, shall increase the fee for obtaining or renewing a license, certificate, registration, permit or authority issued by a board within the department of public health, excluding the board of registration in medicine, as necessary to implement the provisions of chapter 112A of the General Laws. The amount of the increase in fees shall be deposited in the Quality in Health Professions Trust Fund established in section 35X of chapter 10.

SECTION 308. Not later than 1 year after the effective date of this act, the department of youth services shall file a report with the clerks of the senate and house of representatives and the senate and house committees on ways and means detailing the impact of integrating 18-year-olds into the care and custody of the department of youth services; including, but not limited to: (i) the number of 18-year-olds in department of youth services custody and (ii) the offenses committed.

SECTION 309. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-

“Candidate”, shall have the same meanings as in section 1 of chapter 55.

“Materially deceptive audio or visual media”, an image or audio or video recording concerning the safety or regular operations of an election or  candidate’s appearance, speech or conduct that has been fabricated or intentionally manipulated in a manner such that the image or audio or video recording would: (i) falsely appear to a reasonable person to be authentic; and (ii) would cause a reasonable person to have a fundamentally different understanding or impression of the expressive content of such image or audio or video recording than that person would have if the person were hearing or seeing an unaltered, original image or audio or video recording.

“Person”, an individual, corporation, political committee, association, operation, firm, partnership, trust or other form of business or personal association.

“Political party”, shall have the same meaning as in section 1 of chapter 50 of the General Laws.

(b) Except as provided in subsection (c), a person, candidate, campaign committee, political action committee, political issues committee, political party or other entity shall not, within 90 days of an election at which a candidate for elective office will appear on the ballot, distribute with actual malice materially deceptive audio or visual media: (i) depicting the candidate with the intent to injure the candidate’s reputation or deceive a voter into voting for or against the candidate; or (ii) concerning the safety or regular operations of an election intended to disrupt the integrity of the electoral process.

(c)(1) Subsection (b) shall not apply if the audio or visual media includes a disclosure stating: “This _____ has been manipulated.”

(2) The blank in the disclosure required by paragraph (1) shall be filled with the following terms that most accurately describe the media: (i) image; (ii) video; or (iii) audio.

(3)(i) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media; provided, however, that if the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.

(ii) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, at the beginning of the audio, at the end of the audio and, if the audio is greater than 2 minutes in length, interspersed within the audio at intervals of not greater than 2 minutes each.

(d)(1) A candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section or the attorney general may seek injunctive or other equitable relief prohibiting the distribution of such audio or visual media.

(2) A candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section may bring an action for general or special damages against a person, candidate, campaign committee, political action committee, political issues committee, political party or other entity that distributed the materially deceptive audio or visual media. A court may also award a prevailing party reasonable attorney’s fees and costs. This subsection shall not limit or preclude a plaintiff from securing or recovering any other available legal remedy.

(3) In any civil action alleging a violation of this section, the plaintiff shall bear the burden of establishing the violation through clear and convincing evidence.

(e)(1) This section shall not alter or negate any rights, obligations or immunities of an interactive service provider under 47 U.S.C. section 230.

(2) This section shall not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, producer or mobile application or streaming service that broadcasts materially deceptive audio or visual media prohibited by this section as part of a bona fide newscast, news interview, news documentary or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the materially deceptive audio or visual media.

(3) This section shall not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, producer or mobile application or streaming service when it is paid to broadcast materially deceptive audio or visual media.

(4) This section shall not apply to an internet website or a regularly published newspaper, magazine or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes materially deceptive audio or visual media prohibited by this section, if the publication clearly states that the materially deceptive audio or visual media does not accurately represent the speech or conduct of the candidate.

(5) This section shall not apply to materially deceptive audio or visual media that constitutes satire or parody.

SECTION 310. (a) Notwithstanding section 39M of chapter 30 of the General Laws, chapter 149 of the General Laws or chapter 149A of the General Laws, a public agency or municipality may require a project labor agreement on contracts for public works construction and may require the project labor agreement to be incorporated into the contract specifications;  provided, however, that prior to including a project labor agreement requirement and prior to issuing a request for proposals or bids, the public agency or municipality shall make a determination that the project labor agreement on a specific project is in the best interest of the commonwealth, public agency or municipality. 

(b) In making a determination of the best interest of the commonwealth, public agency or municipality pursuant to subsection (a), the agency or municipality shall consider the effects a project labor agreement may have on: (i) construction efficiency, cost and direct and indirect economic benefits to the public agency or municipality; (ii) the availability of a sufficient supply of skilled, qualified workers to complete the project; (iii) the timing of, and the prevention of delays or disruptions to, the construction process; (iv) the safety and quality of the public construction project; (v) the expansion of apprenticeship programs and workforce development in the construction industry; and (vi) the promotion of employment and training opportunities for women, minority workers and veterans. 

(c) The department of labor standards shall promulgate regulations to increase diversity of contractors in project labor agreements, including, but not limited to: (i) incentivizing a certain percentage of contracts with minority-owned businesses; and (ii) demographics of the workforce reflecting the demographics, to the extent possible, where a project is located.

SECTION 311. There shall be a special commission to study and recommend ways to regulate micro-mobility vehicles. The study shall include, but not be limited to: (i) a review of current state and local laws and regulations for micro-mobility vehicles; (ii) recommendations to regulate micro mobility vehicles, including on bike paths, sidewalks and shared use paths; and (iii) recommendations to support the expansion of micro-mobility vehicle use and innovation including shared micro-mobility options for municipalities.

The commission shall consist of: the secretary of transportation or a designee, who shall serve as chair; 1 person to be appointed by the senate president; 1 person to be appointed by the speaker of the house of representatives; 1 person to be a representative of Consulting Planners of Massachusetts; 2 persons to be representatives of Massachusetts Municipal Association, Inc., 1 of whom shall represent a town and 1 of whom shall represent a city; the commissioner of conservation and recreation or a designee; 3 persons to be appointed by the secretary of transportation, 1 of whom shall have experience in and knowledge of the electric bicycle sector,  1 of whom shall have experience in and knowledge of the electric scooter industry and 1 of whom shall have mobility business experience; 1 person to be a representative of WalkMassachusetts; 1 person to be a representative of MassBike; the secretary of public safety and security or a designee; 1 person to be a representative of Massachusetts Major City Chiefs of Police Association, Inc.; and 1 person to be a representative of the National Bicycle Dealers Association.

The commission shall file a report of its findings and recommendations with the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than December 1, 2024.

SECTION 312. (a) The secretary of energy and environmental affairs shall convene an electric vehicle battery recycling commission to review and advise the general court on policies pertaining to the recovery and recycling of electric vehicle batteries in the commonwealth. The commission shall consult with universities and research institutions that have conducted research in the area of battery recycling with manufacturers of electric and hybrid vehicles and with the recycling industry.

(b) The commission shall be composed of: the secretary of energy and environmental affairs or a designee, who shall serve as chair; the chairs of the joint committee on environment and natural resources; members to  be appointed by the chair of the commission from each of the following: (i) the department of  energy resources; (ii) the department of environmental protection; ; (iii) a vehicle manufacturer or an organization that represents one or more vehicle manufacturers; (iv) a standards-developing organization that has a focus on automotive engineering; (v) an electronic waste recycler or an organization that represents one or more electronic waste recyclers; (vi) 1 or more companies specializing in the recycling of electric vehicle batteries, with demonstrated expertise in providing end-of-life battery management solutions, including recovering materials from end-of-life batteries and manufacturing sustainable battery materials; (vii) a motor vehicle repair shop or an organization that represents 1 or more motor vehicle repair shops; (viii) a motor vehicle junkyard or an organization that represents one or more motor vehicle junkyards; (ix) 1 or more environmental organizations that specializes in waste reduction and recycling; (x) a representative of the energy storage industry; and (xi) an electric vehicle battery manufacturer.

(c) On or before September 1, 2025, the electric vehicle battery recycling commission shall submit a report and policy recommendations to the general court aimed at ensuring that as close as possible to 100 per cent of electric vehicle batteries in the commonwealth are reused or recycled at end-of-life in a safe and cost-effective manner. The policy recommendations shall reflect entire lifecycle considerations for electric vehicle batteries, including, but not limited to, opportunities and barriers to the reuse of those batteries as energy storage systems after they are removed from the vehicle, opportunities to the extend the life of those batteries, best management considerations for those batteries at end-of-life, and the overall effect of different management practices on the environment and on local economic development. In developing the policy recommendations, the commission shall consider both in-state and out-of-state options for the recycling of electric vehicle batteries and the possibility of establishing an extended producer responsibility program for electric vehicle batteries.

SECTION 313. (a) Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance may enter into an agreement to accept title to the property at 182 Union street in the city of New Bedford conveying the premises as covered by a lease dated February 28, 2000, as amended. Said conveyance shall take place as soon as possible and a deed of conveyance shall be executed by the seller to the commonwealth of the premises at 182 Union street in the city of New Bedford. The donation of the real estate for exclusively public purposes, prior to acceptance by the division, shall require an independent appraisal of the property’s fair market value and a phase I environmental study to ensure that the property has no environmental damage or other environmental issues that would expose the division to liability.  The inspector general shall review and comment on the appraisal and study within 60 days of receipt.  Following the appraisal and phase I environmental study, the division’s legal counsel shall issue a written opinion regarding acceptance of the proposed real estate donation for final review and an acceptance decision by the secretary of administration and finance, which shall consider the: (i) usefulness of the property for public purposes including, but not limited to, artist lofts, studios and public gallery space; (ii) marketability of the property relative to its condition; (iii) any restrictions, reservations, easements or other limitations associated with the property; (iv) the results of the environmental study; and (v) any potential liability for cleanup or restoration of the property that may be imposed upon a transferee by law.

(b) Within 180 days of an acceptance decision by the secretary and subsequent conveyance of said property to the commonwealth, the division shall hold at least one 1 public hearing in the city of New Bedford in collaboration with the Waterfront Historic Area League of New Bedford, Inc., People Acting in Community Endeavors, Inc., Massachusetts Design Art & Technology Institute, Inc., Bristol Community College, Bridgewater State University and the Massachusetts Development Finance Agency to gather community input on appropriate public purposes for the premises, including, but not limited to, artist lofts, studios and public gallery space.

(c) Following a public hearing in accordance with subsection (b), the division may lease, for a term not to exceed 35 years, inclusive of any options for renewal or extension of such lease, all or a portion of the premises at 182 Union street in the city of New Bedford to the Massachusetts Development Finance Agency, or other public entity or nonprofit organization deemed appropriate by the division, to implement the public purposes identified pursuant to said public hearing process, subject to appropriation. Consideration for said lease shall be $1.

SECTION 314. 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, 7002-8065.

SECTION 315.  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 request of 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, $2,464,190,000. 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 issued under this section and interest thereon shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 316. (a)(1) Notwithstanding any general or special law to the contrary, and subject to section 5A of chapter 3 of the General Laws, the commissioner of conservation and recreation shall lease to the New Bedford Harbor Development Commission, doing business as the New Bedford Port Authority, a certain area in and over the waters of the Acushnet river in the city of New Bedford, together with improvements thereon and all easements, rights, privileges and appurtenances thereto for the operation and maintenance of a recreational marine boating facility and recreational area known as the Pope’s Island Marina for a term of 10 years with 2 5-year options to extend.

(2) The New Bedford Harbor Development Commission shall not enter into sub-agreements for the operation and maintenance of the marina without prior written authorization from the commissioner of conservation and recreation. True copies of any such written authorization shall be filed with the clerks of the senate and house of representatives not later than 45 days after execution.

(b) The lease and any extensions executed under this section shall be on terms and conditions acceptable to the commissioner of conservation and recreation; provided, however, that the lease and any extensions thereof shall provide, at its sole cost and expense, that the New Bedford Harbor Development Commission: (i) provide oversight, operations, maintenance and repair of the property, including the land, facilities and appurtenances associated therewith during the term of the lease; (ii) shall carry comprehensive general liability insurance naming the commonwealth as a co-insured, protecting the commonwealth against all claims for personal injury or property damage arising from the use of the land and appurtenances associated therewith during the term of the lease and any extension thereof; (iii) subject to clauses (v) and (vi), may retain revenues from usage fees during the term of the lease and the proceeds from concessions associated with use of the property for the sole purpose of the design, construction, operation, programming, maintenance and repair expenses of the property over the course of the lease in addition to a 1-time reimbursement for costs defined herein; (iv) may charge not more than $90 per linear foot for use of slips without prior written authorization from the commissioner of conservation and recreation; (v) shall deposit into an escrow account, shared with the department of conservation and recreation, not less than $100,000 annually, adjusted to the price adjustment formulae indices every 5 years, to fund capital investments of the property; (vi) shall pay to the department of conservation, in quarterly installments, 10 per cent of the annual gross revenues defined as total gross revenues after deduction of the $100,000 described in clause (v); (vii) shall, not later than 3 months after the close of each calendar year, prepare an annual report detailing its performance against the goals for the prior year, detailing all revenues and expenditures of funds for the prior year pursuant to this section, regardless of source, and specifying all usage and programming fee rates associated with planned programs and activities, and submit the report to the commissioner of conservation and recreation; (viii) shall not design, install or construct any facilities on the property without the written approval of the commissioner of conservation and recreation; (ix) shall be responsible for all utility costs; (x) shall provide not less than 20 parking spaces at no charge to visitors of the abutting playground facility; and (xi) may be responsible for outreach and stewardship with the written approval of the commissioner of conservation and recreation.

(c) The lease and any extensions thereof executed under this section shall each be reviewed by the inspector general for comment and recommendation.

(d) Before entering into the lease, the commissioner of conservation and recreation shall determine the exact boundaries of the property after completion of a title examination and a survey each commissioned by the department of conservation and recreation.

(e) The New Bedford Harbor Development Commission shall be responsible for all costs and expenses associated with any engineering, surveys, appraisals and lease preparation related to the execution of the lease and any extensions thereof under this section; provided, however, that the commonwealth shall not be required to contribute to any such costs.

(f) Within 90 days of the effective date of this section, the commissioner of conservation and recreation shall issue to the New Bedford Harbor Development Commission a license to operate and maintain the marina. The terms of said license shall be consistent with this section.

(g) If the land, building and facilities, field and appurtenances comprising the property cease to be used by the New Bedford Harbor Development Commission for the purposes and in the manner described in this section at any time before the conclusion of the lease term, the property shall revert to the commonwealth upon such terms and conditions as the commissioner of department of conservation and recreation may determine, and shall be assigned to the care, custody and control of the department of conservation and recreation.

(h) If the commissioner of conservation and recreation fails to enter into a lease with the New Bedford Harbor Development Commission pursuant subsection (a) before July 1, 2025, the commissioner shall issue, on or before October 1, 2025, a request for proposals seeking a lessee to operate and maintain the Pope’s Island Marina and recreational area. Any lease resulting from a request for proposals process pursuant to this section shall be for a term not to exceed 20 years, inclusive of any extensions.

(i) Funds authorized for the Pope’s Island Marina and the adjoining recreational area in item 2300-7026 of chapter 286 of the acts of 2014, as extended by chapter 140 of the acts of 2022, and in item 6720-2261 of chapter 176 of the acts of 2022 shall be made available to advance the lease agreement pursuant to this section.

SECTION 317. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 2C, the state treasurer shall, upon request of 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 $400,000,000. 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 issued under this section and interest thereon shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 318.  Subsection (gg) of section 6 of chapter 62 of the General Laws and section 38RR of chapter 63 of the General Laws shall apply to taxable years beginning on or after January 1 of the first year following the effective date of this act which follows a fiscal year that closes with a consolidated net surplus of not less than $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 (gg) of said section 6 of said chapter 62 and said section 38RR of said chapter 63 shall take effect pursuant to this section; provided, however, that no such certification shall be required in any year after the first year in which said subsection (gg) of said section 6 of said chapter 62 and said section 38RR of said chapter 63 take effect. 

SECTION 319.  If a district or charter school has a diversity officer or team already in place on the effective date of section 100 of chapter 71 of the General Laws, they shall be deemed to be in compliance with said section 100 of said chapter 71.

SECTION 320. (a) Not later than 1 year after the effective date of this act and before the adoption of any regulation for the administration of the state action for public health excellence program pursuant to section 27D of chapter 111 of the General Laws the department of public health shall hold not fewer than 3 public hearings in diverse geographic locations throughout the commonwealth or online to identify ways to improve the efficiency and effectiveness of the delivery of local public health services, in alignment with the recommendations of the special commission on local and regional public health established in chapter 3 of the resolves of 2016.

(b) Not later than March 31, 2025, the department of public health shall submit a report to the clerks of the house of representatives and the senate, the house and senate committee on ways and means and the joint committee on public health. The report shall include an analysis of needs, opportunities, challenges, timeline and cost analysis for the implementation of section 27D of said chapter 111.

SECTION 321. The special commission on local and regional public health established in chapter 3 of the resolves of 2016 is hereby revived and continued to December 31, 2024. As soon as possible following the effective date of this act, the department shall convene the special commission at least once to review the amendments to section 27D of chapter 111 of the General Laws and funding available to support and enhance the commonwealth’s local and regional public health system.

SECTION 322. The standards for foundational public health services developed pursuant to subsections (b) and (c) of section 27D of chapter 111 of the General Laws shall be consistent with the recommendations of the report of the special commission on local and regional and public health approved in June 2019 and shall be implemented and complied with by a phased schedule adopted by the department of public health. The department of public health shall publish a list of the local public health standards established pursuant to said subsections (b) and (c) of said section 27D of said chapter 111 not later than 90 days following the effective date of this act.

 SECTION 323. Subsection (gg) of section 6 of chapter 62 of the General Laws is hereby repealed.

SECTION 324. Section 38RR of chapter 63 of the General Laws is hereby repealed.

SECTION 325. Sections 4, 6, 101, 102, 114, 165 to 169, inclusive, 179 to 218, inclusive, 254 and 257 to 280, inclusive, shall take effect 1 year after the effective date of this act.

SECTION 326. Section 309 is hereby repealed.

SECTION 327. Section 164 shall take effect on January 1, 2025.

SECTION 328. The director of campaign and political finance shall promulgate regulations to implement section 122 not later than December 31, 2024.

SECTION 329. The board of elementary and secondary education shall promulgate rules and regulations to implement section 37 of chapter 69 of the General Laws and section 38G3/4 of chapter 71 of the General Laws.

SECTION 330. Sections 323 and 324 shall take effect on January 1 of the sixth tax year following the effective date of subsection (gg) of section 6 of chapter 62 of the General Laws and section 38RR of chapter 63 of the General Laws as determined pursuant to section 318.

SECTION 331. Sections 95, 127 and 151, subsections (ee) and (ff) of section 6 of chapter 62 of the General Laws and sections 38OO to 38QQ, inclusive, of chapter 63 of the General Laws shall apply to tax years beginning on or after January 1, 2024.

SECTION 332. Section 326 shall take effect on February 1, 2025.

SECTION 333. (a) Section 245 of chapter 111 of the General Laws shall take effect on January 1, 2025.

(b) Every hospital and freestanding ambulatory surgical center licensed in the commonwealth under chapter 111 of the General Laws shall report to the department of public health by April 1, 2025 regarding the policies they have adopted to comply with section 245 of said chapter 111.

SECTION 334. Sections 283 and 284 shall take effect upon the conveyance of the property at 182 Union street in the city of New Bedford to the commonwealth pursuant to section 313.

SECTION 335. The first annual program summary required by subsection (n) of section 243 of chapter 111 of the General Laws shall be submitted not later than December 31, 2025.

SECTION 346. Subsection (o) of section 243 of chapter 111 of the General Laws shall take effect on January 1, 2025.