Print Print
  • Acts
  • 1997
  • Chapter 88 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 1997 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to immediately make appropriations for the fiscal year ending June 30, 1997, and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 1997 and for certain other activities and projects in said fiscal year, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise herein or in said appropriation acts for the several purposes and subject to the conditions specified herein or in said appropriation acts and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 1997. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

SECTION 2.

JUDICIARY.

Committee for Public Counsel Services.

0321-1510
................................$3,192,675
0321-1512
................................$2,191,650
0321-1520
................................$1,442,850

Appeals Court.

0322-0100
................................$29,569

DISTRICT ATTORNEYS.

Plymouth District Attorney.

0340-0800
................................$154,000

SECRETARY OF STATE.

0526-0100
................................$460,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Group Insurance Commission.

1108-5200
................................$2,586,651
1108-5500
................................$32,900

Department of Revenue.

1233-2000
................................$150,000

Reserves.

1599-0036
................................$836,000

Operational Services Division.

1775-0100
................................$426,049

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Metropolitan District Commission.

2440-0010
................................$242,000
2440-2000
................................$582,041
2444-9005
................................$250,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Division of Medical Assistance.

4000-0820
................................$40,000,000
4000-0830
................................$29,386,000

Massachusetts Commission for the Blind.

4110-1000
................................$118,858

Massachusetts Soldiers' Home.

4180-1100
................................$148,000

Holyoke Soldiers' Home.

4190-1100
................................$112,000

Department of Social Services.

4800-0041
................................$3,330,236

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.

Department of Highways.

6030-7201
................................$8,467,862
6030-7221
................................$1,293,693

OFFICE OF LABOR, EDUCATION AND WORKFORCE DEVELOPMENT.

Department of Housing and Community Development.

7004-9005
................................$948,489

Department of Economic Development.

7007-0900
................................$880,000
7007-1000
................................$418,000
7007-1300
................................$66,000

Department of Education.

7010-0005
................................$2,111,810

Board of Higher Education.

7119-0100
................................$54,144
7520-0423
................................$70,605

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Office of the Secretary.

8000-0040
................................$1,006,671

Department of Public Safety.

8312-1000
................................$195,000

Department of Correction.

8900-0001
................................$375,000
8900-0004
................................$600,000

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth herein are hereby appropriated from the General Fund unless specifically designated otherwise and shall be for the several purposes and subject to the conditions specified herein, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 1997. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

SECRETARY OF STATE.

0521-0010
For reimbursements to municipalities for extended polling hours in fiscal year 1997 and for the costs of a special election for the House of Representatives
................................$245,335

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Reserves.

1599-3384
For a reserve for the payment of certain court judgments, settlements, and legal fees, in accordance with regulations promulgated by the comptroller, which were ordered to be paid in fiscal year 1998 or a prior fiscal year; provided, that $1,500,000 shall fund the settlement agreements in Judge Rotenberg Educational Center, Inc. v. Campbell, et. al., U. S. District Court, C. A. No. 96-1179EFH; provided further, that $205,000 shall be expended for the case June G. Williams v. Commonwealth of Massachusetts Metropolitan District Commission; provided further, that $117,500 shall be expended for the case Jean Witkowski, et al vs. the commonwealth; and provided further, that $134,725 shall be expended for the case Donald A. Dinsdale vs. Commonwealth of Massachusetts
................................$11,839,725
1599-3399
For the settlement owed in the case of Independence Park, Inc. vs. Commonwealth of Massachusetts
................................$6,300,000
1599-3823
For a reserve to meet the fiscal year 1997 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the National Association of Government Employees (Unit 3), and to meet the costs of salary adjustments and benefits necessary to provide equal salary adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 1997 and 1998 such amounts as may be necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers; provided further, that this item shall not expire until June 30, 1998; and provided further, that a total of $40,000 of the sum appropriated herein shall be made available to meet the commonwealth's obligations pursuant to the provisions of Articles 23 and 26 of said agreement, and shall not expire until June 30, 1999
.................................................$1,778,000
Collective Bargaining Reserve Fund..................100.0%
1599-3824
For a reserve to meet the fiscal year 1998 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the National Association of Government Employees (Unit 3), and to meet the costs of salary adjustments and benefits necessary to provide equal salary adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1998 such amounts as may be necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers; and provided further, that this item shall not expire until June 30, 1998
....................................................$2,390,000
Collective Bargaining Reserve Fund..................100.0%
1599-3825
For a reserve to meet the fiscal year 1997 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Massachusetts Organization of State Engineers and Scientists (Unit 9), and to meet the costs of salary adjustments and benefits necessary to provide equal salary adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 1997 and 1998 such amounts as may be necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers; provided further, that this item shall not expire until June 30, 1998; and provided further, that a total of $65,000 of the sum appropriated herein shall be made available to meet the commonwealth's obligations pursuant to the provisions of paragraph D of section 12 of Article 23A and paragraph G of section 1 of Article 24A of said agreement, and shall not expire until June 30, 1999
......................................................$3,060,000
Collective Bargaining Reserve Fund..................100.0%
1599-3826
For a reserve to meet the fiscal year 1998 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Massachusetts Organization of State Engineers and Scientists (Unit 9), and to meet the costs of salary adjustments and benefits necessary to provide equal salary adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1998 such amounts as may be necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers; and provided further, that this item shall not expire until June 30, 1998
......................................................$5,436,000
Collective Bargaining Reserve Fund..................100.0%
1599-3827
For a reserve to meet the fiscal year 1997 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the state lottery commission and the Service Employees International Union, Local 254, AFL-CIO, and to meet the costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said collective bargaining agreement; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 1997 and 1998 such amounts as may be necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committee on ways and means; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers; provided further, that this item shall not expire until June 30, 1998
.....................................................$510,000
Collective Bargaining Reserve Fund..................100.0%
1599-3828
For a reserve to meet the fiscal year 1998 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the state lottery commission and the Service Employees International Union, Local 254, AFL-CIO, and to meet the costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said collective bargaining agreement; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1998 such amounts as may be necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers; provided further, that this item shall not expire until June 30, 1998
.......................................................$1,100,000
Collective Bargaining Reserve Fund..................100.0%
1599-3829
For a reserve to meet the fiscal year 1998 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Alliance, AFSCME/SEIU, AFL-CIO (Units 2, 8, and 10), and to meet the costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1998 such amounts as may be necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers; provided further, that this item shall not expire until June 30, 1998; and provided further, that a total of $512,000 of the sum appropriated herein shall be made available to meet the commonwealth's obligations pursuant to the provisions of paragraph D of section 15 of Article 23A, section 8 of Article 24A, and section 10 of Article 25 of said agreement, and shall not expire until June 30, 1999
......................................................$17,335,000
Collective Bargaining Reserve Fund..................100.0%
1599-3917
For a reserve for the payment of principal and interest on bonds issued by Essex county, dated February 1, 1996, for repairs and renovations of courthouses subsequently acquired by the commonwealth
................................$147,958
Local Aid Fund..................100.0%

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Department of Medical Assistance.

4000-0440
For the payment of prior fiscal years' expenses for a program of medical services for disabled children and adults
................................$1,700,000

Department of Transitional Assistance.

4405-2010
For payment of prior fiscal year expenses for special grants recipients of the state supplemental security income program residing in rest homes; provided, that all expenditures made from this item shall be subject to the provisions of item 4405-2000 of section 2 of chapter 38 of the acts of 1995
................................$200,000
4408-1010
For payment of prior fiscal year expenses of health services provided to recipients of emergency aid to the elderly, disabled, and children; provided, that all expenditures made from this item shall be subject to the provisions of item 4408-1000 of section 2 of chapter 38 of the acts of 1995
................................$700,000

Department of Social Services.

4800-0001
For payment of prior years' expenses for the foster care program, the group care program, for social service providers, and certain administrative costs
................................$1,154,634

Department of Labor and Workforce Development.

7003-0603
For school-to-work connecting activities; provided, that notwithstanding the provisions of any general or special law to the contrary, the department of labor and workforce development, in cooperation with the board of education and the MassJobs council, is hereby authorized to establish and support a public-private partnership to link high school students with economic and learning opportunities on the job as part of the school-to-work transition program; provided further, that said program may include the award of matching grants to regional employment boards or other local public-private partnerships involving local community job commitments and work-site learning opportunities for students; provided further, that such grants shall require at least a 200 per cent match in wages for such students from private sector participants; provided further, that the program shall include, but not be limited to, a provision that business leaders commit resources to pay salaries, to provide mentoring and instruction on the job and to work closely with teachers, and a provision that public funds shall assume the cost of connecting schools and businesses to work to ensure that such students serve productively on the job; and provided further, that the department shall provide not less than $122,000 for the establishment of a rapid response program within the corporation for business, work and learning
................................$2,500,000

Division of Standards.

7006-0070
For the support of the division of standard's municipal inspection efforts pursuant to section 2 OO of chapter 29 of the General Laws, as inserted by section 50 of chapter 43 of the acts of 1997; provided, that up to fifteen per cent of the amount appropriated herein may be expended for administrative costs of said division
................................$300,000

Department of Education.

7027-0017
For additional matching grants for various school-to-work programs including the jobs for bay state graduates program and the CS-squared program; provided, that the department of education shall collaborate with the department of labor and workforce development to administer said programs; provided further, that any funds distributed from this item to cities, towns, or regional school districts shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee without further appropriation, notwithstanding the provisions of any general or special law to the contrary; provided further, that each grant awarded hereunder shall be matched by the recipient from local, federal, or private funds; provided further, that the board of education may determine the percentage match required on an individual grant basis; and provided further, that $450,000 shall be made available for the state's matching grant for the CS-squared program, so called at the corporation for business, work and learning
................................$885,000
Local Aid Fund..................100.0%

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Office of the Secretary.

8001-1900
For the design and construction of regional lockup facilities and short term detention units; provided, that not less than $2,600,000 shall be expended for a regional lock-up facility for Hampshire county; provided further, that $2,000,000 shall be expended for the construction of short-term detention units for use by the cities and towns of Berkshire county; provided further, that $1,000,000 shall be expended for the construction of short-term detention units for use by the cities and towns of Worcester county; and provided further, that $120,000 shall be expended for a one-time payment for unforeseen expenses for damages incurred to the I Building, so-called, as a result of the recent riot at the Worcester county jail; provided further, that said $120,000 shall fully satisfy the commonwealth's obligation for said riot damages
................................$6,240,000
Local Aid Fund..................100.0%

SECTION 2B. To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 1997, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations, and to meet certain requirements of law, the sums set forth herein are hereby authorized from the Intragovernmental Service Fund for the several purposes specified herein or in said appropriation acts, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 1997. The sums authorized herein shall be in addition to any amounts previously authorized and made available for the purposes of said items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Reserves.

1599-3100
................................$50,000

SECTION 2C.I. For the purpose of making available in fiscal year 1998 balances of appropriations which otherwise would revert on June 30, 1997, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of the general appropriation act for fiscal year 1998; provided, however, that for items which do not appear in said section 2 of said general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the funds designated for the corresponding item in said section 2 of said general appropriation act; provided, however, that for items which do not appear in said section 2 of said general appropriation act, the amounts in this section are re-appropriated from the funds designated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. The sums re-appropriated herein shall be in addition to any amounts available for said purposes.

JUDICIARY.

Appeals Court.

0322-0100
................................$29,569

Trial Court.

0330-3000
................................$70,000

Superior Court Department.

0331-0100
................................$40,000

Juvenile Court Department.

0337-0003
................................$1,755,225

DISTRICT ATTORNEYS.

Suffolk District Attorney.

0340-0100
................................$350,000

EXECUTIVE.

Executive.

0411-1000
................................$1,326,164

SECRETARY OF STATE.

0526-0100
................................$460,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Division of Capital Planning and Operations.

1102-9999
................................$3,740,000

Reserves.

1599-0036
................................$836,000
1599-3384
................................$10,000,000
1599-3750
................................$400,000
1599-3790
................................$190,000
1599-3821
................................$11,000,000
1599-3822
................................$672,484
1599-3823
................................$1,778,000
1599-3824
................................$2,390,000
1599-3825
................................$3,060,000
1599-3826
................................$5,436,000
1599-3827
................................$510,000
1599-3828
................................$1,100,000
1599-3829
................................$17,335,000
1599-3854
................................$700,884
1599-3917
................................$147,958
1599-4421
................................$1,750,772
1599-7500
................................$400,000

Human Resources Division.

1750-0104
................................$453,000

Information Technology Division.

1790-0107
................................$4,990,440

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Office of the Secretary.

2010-0100
................................$288,170

Department of Environmental Management.

2100-0005
................................$7,971,215

Department of Environmental Protection.

2260-8870
................................$39,825

Department of Fisheries, Wildlife, and Environmental Law Enforcement.

2320-0200
................................$260,000
2330-0120
................................$100,000

Metropolitan District Commission.

2440-0010
................................$145,000
2440-0100
................................$50,000
2440-1203
................................$50,000
2440-1210
................................$10,400

Department of Food and Agriculture.

2520-0300
................................$5,980
2520-1200
................................$19,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Division of Medical Assistance.

4000-0325
................................$1,500,000

Department of Social Services.

4800-1996
................................$3,399,521

Department of Labor and Workforce Development.

7003-0603
................................$2,500,000

Department of Housing and Community Development.

7004-9005
................................$75,000

Division of Standards.

7006-0070
................................$300,000

Department of Economic Development.

7007-0900
................................$880,000
7007-1000
................................$418,000
7007-1300
................................$66,000
7007-2215
................................$27,000

Department of Education.

7027-0017
................................$885,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Office of the Secretary.

8000-0040
................................$1,006,671
8001-1900
................................$6,240,000

Massachusetts Emergency Management Agency.

8800-0032
................................$78,000
8800-0034
................................$3,154,897
8800-0050
................................$15,000
8800-0051
................................$348,552

Department of Correction.

8900-0001
................................$375,000

EXECUTIVE OFFICE OF ELDER AFFAIRS.

Office of the Secretary.

9110-0100
................................$100,000

II. For the purpose of making available in fiscal year 1998 certain balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 1997, the unexpended balances of the authorizations listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2B of the general appropriation act for fiscal year 1998; provided, however, that for items which do not appear in said section 2 or 2B of said general appropriation act, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2, 2A, or 2B of this act or in prior appropriation acts. Amounts in this section are re-authorized from the funds designated for the corresponding item in said section 2 or 2B of said general appropriation act; provided, however, that for items which do not appear in said section 2 or 2B of said general appropriation act, the amounts in this section are re-authorized from the funds designated for the corresponding item in section 2, 2A, or 2B of this act or in prior appropriation acts. The sums re-authorized herein shall be in addition to any amounts available for said purposes.

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Office of the Secretary.

2001-1001
................................$35,000
2001-1002
................................$35,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Department of Correction.

8900-0011
................................$40,000
8900-0021
................................$150,000

SECTION 2D. For the purpose of making available for expenditure in fiscal year 1998 certain balances of authorizations which otherwise revert on June 30, 1997, the expiration dates of items listed below are hereby extended through June 30, 1998.

7510-7881
7510-7891

SECTION 2E. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth herein are hereby appropriated from the Capital Investment Trust Fund, created by section 107 of this act, for the several purposes and subject to the conditions specified herein, and subject to the provisions of law regulating the disbursement of public funds. Notwithstanding the provisions of any general or special law to the contrary, appropriations made in this section shall not expire until June 30, 1999.

JUDICIARY.

Trial Court.

0330-9999
For the purchase or lease of equipment or other items for a program of intermediate sanctions, as authorized in item 0330-8968 of section 2 of chapter 12 of the acts of 1996, including but not limited to, the purchase of mobile substance abuse testing vans, the acquisition and build-out of leased or purchased space for day reporting centers and detention facilities, including modular units, and the purchase of equipment, such as electronic monitoring devices to support curfew enforcement, home confinement, and other such sanctions that may qualify as alternatives to incarceration; provided, that no funds appropriated in this item shall be expended for the costs of state personnel or contracted personnel; provided further, that not more than 2 per cent of the funds authorized herein shall be expended for the administration of any projects funded herein; and provided further, that the chief justice for administration and finance shall submit a report detailing any such administrative expenditures to the house and senate committees on ways and means
................................$10,000,000

SECRETARY OF STATE.

Secretary of State.

0526-0400
For a program of matching grants to units of municipal government and to private, nonprofit organizations for the preservation of historic properties, landscapes and sites; provided, that such funds shall be awarded in accordance with regulations promulgated by the state secretary in his capacity as chairman of the Massachusetts historical commission
................................$10,000,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Division of Capital Planning and Operations.

1102-7977
For the costs associated with emergency deferred maintenance and repairs to capital assets owned by the commonwealth; provided, that expenditures from this item shall include, but not be limited to, deferred maintenance, repairs, and related costs at hospitals, and facilities and institutions operated by the departments of mental health, mental retardation, public health, and youth services, the soldier's homes, the state correctional institutions operated by the department of corrections, police barracks operated by the department of state police, and state buildings operated and maintained by the division of capital planning and operations and the bureau of state office buildings for projects including, but not limited to, state house renovations, John W. McCormack Building sprinkler systems, and projects for compliance with the Americans with Disabilities Act, so-called; provided further, that priority be given to those projects deemed by the commissioner of said division to be emergency in nature and the most cost-effective to effectuate; provided further, that notwithstanding the provisions of section 40B of chapter 7 of the General Laws, the commissioner of the division of capital planning and operations may, upon the request of a state agency or building authority, delegate project control and supervision to that state agency or building authority over projects funded from this item whose estimated cost is less than $500,000 if said commissioner determines that the agency or authority has the ability to control and supervise such project; and provided further, that funds for such emergency deferred maintenance and repair projects may be expended notwithstanding the provisions of sections 39B to 40N, inclusive, of chapter 7 of the General Laws whenever the total cost of such project is $500,000 or less
................................$24,000,000
1102-7978
For the costs associated with emergency deferred maintenance and repairs to capital assets owned by the commonwealth at state institutions of higher education; provided, that any expenditure from this item shall include, but not be limited to, deferred maintenance and related projects at the university of Massachusetts, institutions within the state college system, and institutions within the community college system; provided, that priority be given to those projects deemed emergency in nature and the most cost-effective to effectuate by the commissioner of said division; provided further, that priority also be given to projects for which operating funds at each institution would be used in order to reduce reliance on such operating funds for deferred maintenance capital projects and that any new capacity in operating funds previously budgeted for capital purposes continue to be used for capital improvements; provided further, that priority be given to those projects deemed by the commissioner of said division to be emergency in nature and the most cost-effective to effectuate; provided further, that notwithstanding the provisions of section 40B of chapter 7 of the General Laws, the commissioner of the division of capital planning and operations may, upon the request of a state agency or building authority, delegate project control and supervision to that state agency or building authority over projects funded from this item whose estimated cost is less than $500,000 if said commissioner determines that the agency or authority has the ability to control and supervise such project; and provided further, that funds for such emergency deferred maintenance and repair projects may be expended notwithstanding the provisions of sections 39B to 40N, inclusive, of chapter 7 of the General Laws whenever the total cost of such project is $500,000 or less
................................$10,000,000
1102-7979
For the costs associated with emergency deferred maintenance and repairs to capital assets owned by the commonwealth in state-owned court facilities operated by the trial court; provided, that priority be given to those projects deemed emergency in nature and the most cost-effective to effectuate by the chief justice for administration and finance; provided further, that priority be given to those projects deemed by the commissioner of said division to be emergency in nature and the most cost-effective to effectuate; provided further, that notwithstanding the provisions of section 40B of chapter 7 of the General Laws, the commissioner of the division of capital planning and operations may, upon the request of a state agency or building authority, delegate project control and supervision to that state agency or building authority over projects funded from this item whose estimated cost is less than $500,000 if said commissioner determines that the agency or authority has the ability to control and supervise such project; and provided further, that funds for such emergency deferred maintenance and repair projects may be expended notwithstanding the provisions of sections 39B to 40N, inclusive, of chapter 7 of the General Laws whenever the total cost of such project is $500,000 or less
................................$13,500,000

Reserves.

1599-3912
For costs related to environmental remediation projects undertaken by state agencies pursuant to executive order 350, the governor's clean state initiative, so-called
................................$3,500,000
1599-3919
For a reserve to be transferred to the water pollution abatement trust to fund financial assistance to local governmental units to meet debt service obligations on bonds incurred by such local governmental units after July 1, 1993, to finance the costs of water treatment projects or portions thereof which have been approved by the department of environmental protection and which have been completed, as determined by the department, on or prior to the promulgation date of the department's regulations related to the implementation of the safe drinking water revolving fund, so called; provided, that of the amount so transferred, not less than $800,000 shall be expended for debt service payments by the city of North Adams; provided further, that not less than $1,200,000 shall be expended for debt service payments by the city of Attleboro; provided further, for the purpose of protecting the public health and safety, the following shall be expended from this item: $400,000 to reimburse the Grafton water district for expenses incurred for contamination correction of the Follette Street well site, $500,000 for a grant to the town of Hinsdale for the Lower Main Street water main replacement project, so-called, $500,000 for alleviating the contamination of groundwater and wells, including the costs associated with the installation of a waterline to deliver potable drinking water, to the residents of Assonet village in the town of Freetown, and $279,000 for alleviating the contamination of groundwater and wells, including the costs associated with the installation of a waterline, to deliver potable drinking water in the town of Mendon
................................$6,000,000
1599-7977
For a reserve to fund site acquisition costs for the purpose of developing an industrial park, including an advanced materials technology center, at the Kerr Mill site, so-called, in the city of Fall River; provided, that said acquisition process shall be managed by the Massachusetts government land bank in consultation with the university of Massachusetts at Dartmouth, and that said site shall be acquired by and held in the name of said land bank
................................$4,000,000

Information Technology Division.

1790-0106
For expenses related to correcting the date-handling logic problems, so-called, in critical commonwealth computing systems, including, but not limited to, systems at the department of revenue and the division of employment and training, in order to sustain uninterrupted operations through the year 2000 and beyond; provided, that upon approval of the secretary of administration and finance, funds appropriated herein may be transferred to other items of appropriation for the purposes of correcting said problems; and provided further, said secretary shall file a quarterly report with the house and senate committees on ways and means delineating by agency the projects and amounts on which funds have been expended, the progress status of each project, completion dates, and estimates for any additional costs necessary for the completion of the correcting of the date-handling logic problems, so-called
................................$7,000,000
1790-0130
For a reserve to fund the planning, design, acquisition, implementation and oversight of educational technology projects; provided, that $20,000,000 shall be expended for the planning, design, acquisition, implementation and oversight of educational technology projects to encourage and support statewide and local investments in education technology projects by school districts, regional school districts, charter schools and, where applicable, educational collaboratives, including no more than $4,600,000 for statewide technology projects administered by the department of education; provided further, that preference shall be given to school districts that do not have a connectivity to district or statewide networks; provided further, that funds may be expended for matching grants to encourage and support local investments in education technology projects by school districts, regional school districts, charter schools and, where applicable, educational collaboratives, which shall submit updated local technology plans to the department of education; provided further, that such local technology plan shall identify a demonstration of broad-based community involvement and coordination with community resources, a clear vision statement with realistic goals describing how technology shall be employed to enhance the education curriculum, professional development, classroom and school management and equal access for all students; an inventory of current technology, a summary of recent expenditures and an assessment of technology skills among students, teachers and school administrators; a description of the hardware, software and personnel initiatives that shall be used to implement the plan over the succeeding five years following submission of the plan, including potential sources of funding and cost estimates, a specific plan for the first year of implementation; and a description of how the plan shall be monitored, evaluated and, where applicable, revised; provided further, that anticipated capital spending levels in excess of $30 per student contained within each local technology plan shall not be eligible for matching grant funds, and any such capital expenditures exceeding a spending level of $30 per student shall be borne by the applicant school district, regional school district, charter school or educational collaborative; provided further, that no grant funds shall be expended for administrative, personnel and other operational costs; provided further, that each grant awarded herein shall be matched by the recipient from all sources, including local, federal or private resources; provided further, that 50 per cent of all educational technology expenditures, including related administrative and operational costs, made in the fiscal year prior to the submission of the local technology plan by a school district, regional school district, charter school or educational collaborative shall be used for purposes of determining its local match and 100 per cent of all educational technology expenditures, including related administrative and operational costs, made in the fiscal year within which occurs the submission of the local technology plan by a school district, regional school district, charter school or educational collaborative shall be used for purposes of determining its local match; provided further, that the department of education shall submit a report detailing the amount of grants awarded to grant recipients and descriptions of such project to the house and senate committees on ways and means and the house and senate committees on science and technology; and provided further, that the department of education shall ensure that the matching resources shall not place an unreasonable financial burden upon grant recipients, based upon a recipient's available financial resources; and provided further, that $10,000,000 shall be expended for technology projects at the institutions within the system of public higher education
................................$30,000,000
1790-0140
For technology upgrades and other automation projects at the registries of deeds; provided, that registries of deeds of those counties which have been abolished shall be given priority in expenditures made from this item
................................$5,000,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Department of Environmental Management.

2120-7977
For on-going studies and the preparation of plans, if necessary, and for the on-going repair, reconstruction, construction, and improvements to dams and flood control projects; provided, that the department of environmental management shall give priority to funding dams and flood control projects owned by the commonwealth which pose the greatest risk to public health and safety
................................$5,000,000
2120-7978
For the cost of centennial celebration improvements, so-called, to the commonwealth's forest and parks system; provided, that expenditures from this item shall include, but not be limited to, systemwide beautification improvements, systemwide campground improvements, and improvements and renovations to state forest and park facilities; provided, that no funds expended from this item shall be expended for the cost of state personnel or contracted personnel; and provided further, that allocations from this item shall be expended for said improvements in each of the department's regions
................................$7,000,000

Department of Environmental Protection.

2200-0001
For reimbursements to municipalities, authorities, water pollution control districts or other entities pursuant to grants previously made under the authority of chapter 747 of the acts of 1970, chapter 406 of the acts of 1978, chapter 286 of the acts of 1982, chapter 723 of the acts of 1983, chapter 233 of the acts of 1984, chapter 786 of the acts of 1985, chapter 307 of the acts of 1987, and chapter 564 of the acts of 1987; provided, that said reimbursements shall be consistent with a payment schedule provided by the department of environmental protection; provided further, that funds appropriated herein shall first be expended for reimbursement of those municipalities, authorities, water pollution control districts or other entities which were eligible for reimbursement in fiscal year 1996; provided further, that reimbursements under this item shall be in partial satisfaction of amounts due pursuant to grants previously awarded to said municipalities, authorities, water pollution control districts or other entities under the above-referenced authorities
................................$20,500,000

Metropolitan District Commission.

2420-1401
For the acquisition of property, easements, rights in development and associated costs for property surrounding the Wachusett reservoir, so-called, for the protection of said reservoir and surrounding watershed pursuant to 310 CMR 22.20A and 40 CFR Ch.I sections 141.70 and 141.71
................................$16,000,000
2440-9800
For repairs and improvements to rinks, pools and other properties under the jurisdiction of the metropolitan district commission; provided, that, notwithstanding the provisions of any general or special law, rule or regulation to the contrary, with respect to all activities, including procurement and contract management, required for the purposes of this item and funded by the amount appropriated herein, all authorities and responsibilities normally belonging to the division of capital planning and operations shall belong solely to the commission; provided further, that the commission shall conduct all such activities in a manner consistent with the best interest of the commonwealth and according to sound business practice; provided further, that the commission shall file bimonthly reports detailing all encumbrances and expenditures of funds appropriated herein, and the status of all repairs to be funded from this item, with the secretary of environmental affairs, the secretary of administration and finance and the house and senate committees on ways and means; provided further, that no funds appropriated herein shall be expended for any personnel or administrative costs of the commission; provided further, that $8,000,000 of the amount appropriated herein shall be expended for the construction of the Pope John Paul II Park as a passive parkland site under the care, custody, and control of said commission; provided further, that said $8,000,000 shall be expended solely for the construction and completion of said parkland; provided further, that said commission shall not expend any of said $8,000,000 until said commissions plans receive the prior review and approval of the house committee on ways and means
................................$13,000,000

BOARD OF LIBRARY COMMISSIONERS.

7000-9111
For grants to cities and towns for approved public library projects as authorized by sections 19G to 19I, inclusive, of chapter 78 of the General Laws; provided, that said grants may only be awarded for projects which have commenced after April 10, 1996
................................$14,500,000

Department of Housing and Community Development.

7004-8975
For the demolition of certain abandoned buildings which represent a severe public health and safety risk, as authorized in item 3722-9950 of section 2B of chapter 277 of the acts of 1995
................................$4,000,000
7004-8976
For state financial assistance in the form of community development action grants by the commonwealth acting by and through the department of housing and community development pursuant to section 57A of chapter 121B of the General Laws, as authorized in item 3722-8896 of section 2 of chapter 494 of the acts of 1993
................................$10,300,000
7004-8977
For the renovation, remodeling, reconstruction, redevelopment, hazardous material abatement, including asbestos and lead paint, and for compliance with state codes and laws; provided, that the amount made available herein shall fund projects undertaken for the purpose of compliance with state codes and laws or for other purposes related to the health and safety of residents, as authorized in item 3722-8894 of section 2 of chapter 494 of the acts of 1993; provided, that said department may enter into a contract or contracts with housing authorities for projects undertaken pursuant to section 25 and clause (j) of section 26 of chapter 121B of the General Laws
................................$2,500,000

Board of Higher Education.

7066-0115
For the purposes of implementing section 15E of chapter 15A of the General Laws to encourage private fundraising by the commonwealth's public institutions of higher education; provided, that funds shall be disbursed on a quarterly basis in proportion to the amount of funds raised by each institution; and provided further, that the board of higher education shall implement this program in a manner which ensures that each institution shall have an equal opportunity to secure matching funds from this item
................................$14,000,000

SECTION 3. Subsection (a) of section 49 of chapter 7 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after the sixth sentence the following sentence:- In the event the representative of a public safety union or the designee of the president of the Massachusetts AFL/CIO is a public employee, he or she shall be granted leave, without loss of pay or benefits and without being required to make up lost time, if on duty, for regularly scheduled work hours while in the performance of responsibilities of the commission.

SECTION 4. Chapter 7A of the General Laws is hereby amended by striking out section 12, as so appearing, and inserting in place thereof the following section:-

Section 12. (a) All reports published pursuant to this section shall be filed with the governor, the secretary of administration and finance, the house and senate committees on ways and means and the clerks of the house and senate, and any other parties specified in general or special law.

The comptroller shall prepare an annual statutory basis financial report based on the final closing of the accounting records. Such statutory basis financial report, so called, shall be published not later than October 31 of each year.

The report shall present fairly the aggregated financial statements for the budgeted governmental funds, the non-budgeted governmental funds, the capital project governmental funds, the proprietary funds, the fiduciary funds, and the general fixed assets and general long-term obligations account groups; such statements shall be audited in accordance with generally accepted auditing standards and generally accepted governmental auditing standards, and the report of the auditor shall be included.

The comptroller shall include, supplemental to the aggregated financial statements in the statutory basis financial report, a statement of the consolidated net surplus in the operating funds for the preceding fiscal year, and the amount by which such surplus exceeds >= per cent of the total amount of state tax revenues as defined in chapter 29B, the amount in the Commonwealth Stabilization Fund at the close of the preceding year, and the amount by which such amount exceeds 5 per cent of the budgeted revenues and other financial resources pertaining to the budgeted funds.

Accompanying the statutory basis financial statements the comptroller shall include financial statements for such individual funds as have been established by law, and combining statements for such funds, including but not limited to a statement that compares the budget to final operations for each fund subject to appropriation. In addition, the comptroller shall publish a supplementary schedule to the statutory basis financial report of the balances, revenues, and expenditures of the non-appropriated funds maintained by each public institution of higher education.

The comptroller may include such narratives, statistical tables, and other disclosures and reference material in the statutory basis financial report as are recommended by the general court, the auditors, or as are common in general practice and that he deems appropriate in his professional judgment; provided, however, that such disclosures shall include a statement of obligations and expenses incurred by the commonwealth for bond counsel and bond underwriting for such fiscal year, and a statement of all agreements for debt collection services, revenue optimization projects, and cost savings projects.

The comptroller shall produce a set of revenue and expenditure records for each account that comprises the underlying detail to the statutory basis financial report. This revenue and expenditure account detail, so called, shall be available to any party upon request.

(b) The comptroller shall prepare an annual federal funds report based on the final closing of the accounting records. Such final federal funds report, so called, shall be published not later than the second Wednesday in January. The report shall present fairly all federal funds received by each agency and department during the fiscal year. Said report shall include for each program of federal financial participation the opening balances, revenues, and other sources, expenses and other uses, and ending balances for the fiscal year. The final federal funds report shall be audited in conjunction with the state single audit and the report of the auditor shall be included.

(c) The comptroller shall prepare a comprehensive annual financial report in conformity to generally accepted accounting principles. Such comprehensive annual financial report, so called, shall be published not later than the second Wednesday in January. The report shall present fairly the general purpose financial statements of the commonwealth and related notes and other reference material, in conformity to generally accepted accounting principles. The general purpose financial statements and related notes and other reference material required by generally accepted accounting principles shall be audited in accordance with generally accepted auditing standards and generally accepted governmental auditing standards and the report of the auditor shall be included.

The comprehensive annual financial report shall include a statement showing the medicaid liability and a statement showing the total medicaid liability, whether paid or unpaid, measured pursuant to generally accepted accounting principles.

The comptroller may include narratives, statistical tables, and other disclosures and reference material in the report that the auditors recommend and that he deems appropriate in his professional judgment.

SECTION 5. Chapter 10 of the General Laws is hereby amended by inserting after section 35Q the following section:-

Section 35R. There shall be established and set up on the books of the commonwealth a separate fund, to be administered by the commissioner of public health as provided in sections 2D to 2F, inclusive, of chapter 111, to be known as the Massachusetts AIDS Fund. Said fund shall consist of all revenues received by the commonwealth under the provisions of section 6G of chapter 62, from public and private sources as appropriations, gifts, grants, and donations, and from the federal government as reimbursements, grants-in-aid or other receipts, to further the purposes of said fund as set out in section 2E of said chapter 111. All revenues credited to said fund under this section shall remain in said fund, not subject to appropriation, for application to said purposes. The state treasurer shall not deposit said revenues in, or transfer said revenues to, the General Fund or any other fund other than the Massachusetts AIDS Fund. The state treasurer shall deposit monies in said fund in accordance with the provisions of section 34 and 34A of chapter 29 in such manner as will secure the highest interest rate available consistent with safety of the fund and with the requirement that all amounts on deposit be available for immediate withdrawal at any time. Said fund shall be expended only for the purpose stated in section 2E of chapter 111 at the direction of the commissioner of public health, and any unexpended balances shall be redeposited, as herein provided, for further use consistent with this section. The provisions of this section shall apply to all funds received by the commonwealth after July 1, 1995 under the provisions of section 6G of chapter 62.

SECTION 6. The second paragraph of section 2FF of chapter 29 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The comptroller shall report in the annual statutory basis financial report on the amounts of revenue credited to said fund as defined by clause (a) of the preceding paragraph for the prior fiscal year and an estimate of said amounts projected to be credited to said fund for the current fiscal year.

SECTION 7. Section 5 of chapter 29 of the General Laws is hereby repealed.

SECTION 8. Section 5C of said chapter 29, as amended by section 6 of chapter 10 of the acts of 1997, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- The comptroller shall annually, on or before October 31, certify to the commissioner of administration the amount of the consolidated net surplus in the operating funds at the close of the preceding fiscal year.

SECTION 9. The first paragraph of said section 5C of said chapter 29, as appearing in said section 6 of said chapter 10, is hereby amended by striking out clause (a) and inserting in place thereof the following clause:-

(a) an amount equal to one-half of 1 per cent of the total revenue from taxes in the preceding fiscal year shall be available to be used as revenue for the current fiscal year.

SECTION 10. Said section 5C of said chapter 29 is hereby further amended by striking out the last paragraph.

SECTION 11. Chapter 29B of the General Laws is hereby amended by striking out section 5, as appearing in the 1996 Official Edition, and inserting in place thereof the following section:-

Section 5. The comptroller shall include in his report submitted pursuant to subdivision (a) of section 12 of chapter 7A a report of the state tax revenues and allowable state tax revenues for the next preceding fiscal year.

SECTION 12. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in line 464 the words "one hundred and seventy-five dollars" and inserting in place thereof the following:- $250.

SECTION 13. Said section 5 of said chapter 59, as so appearing, is hereby further amended by striking out, in lines 498 and 499 the words "one hundred and seventy-five dollars" and inserting in place thereof the following:- $250.

SECTION 14. Clause Twenty-second of said section 5 of said chapter 59, as so appearing, is hereby amended by adding the following paragraph:-

(g) For the purposes of this clause, $2,000.00 of this exemption or up to the sum of $175.00, whichever basis is applicable shall be borne by the city or town; the balance, up to the sum of $75 shall be borne by the commonwealth.

SECTION 15. Said section 5 of said chapter 59, as so appearing, is hereby further amended by striking out, in lines 541 and 547, the words "three hundred and fifty dollars" and inserting in place thereof, in each instance, the following:- $425.

SECTION 16. Said section 5 of said chapter 59, as so appearing, is hereby further amended by striking out, in line 556, the words "one hundred and seventy-five dollars" and inserting in place thereof the following:- $250.

SECTION 17. Said section 5 of said chapter 59, as so appearing, is hereby further amended by striking out, in lines 577 and 582, the words "seven hundred dollars" and inserting in place thereof, in each instance, the following:- $775.,- and by striking out, in line 592, the words "five hundred and twenty-five dollars" and inserting in place thereof the following:- $600.

SECTION 18. Said section 5 of said chapter 59, as so appearing, is hereby further amended by striking out, in lines 610 and 611, and in lines 616 and 617, the words "eight hundred and seventy-five dollars" and inserting in place thereof, in each instance, the following:- $950.

SECTION 19. Said section 5 of said chapter 59, as so appearing, is hereby further amended by striking out, in line 626, the words "seven hundred dollars" and inserting in place thereof the following:- $775.

SECTION 20. Said section 5 of said chapter 59, as so appearing, is hereby further amended by striking out, in lines 631 and 632, the words "one hundred and seventy-five dollars" and inserting in place thereof the following:- $250.

SECTION 21. Said section 5 of said chapter 59, as so appearing, is hereby further amended by striking out, in lines 655 and in lines 660 and 661, the words "five hundred and twenty-five dollars" and inserting in place thereof, in each instance, the following:- $600.

SECTION 22. Said section 5 of said chapter 59, as so appearing, is hereby further amended by striking out, in line 672, the following words "three hundred and fifty dollars" and inserting in place thereof the following:- $425.

SECTION 23. Section 1 of chapter 64H of the General Laws, as so appearing, is hereby amended by inserting after the word "television", in line 194, the following words:- internet access services, electronic mail services, electronic bulletin board services, web hosting services or similar on-line computer services.

SECTION 24. Section 8 of chapter 70 of the General Laws, as so appearing, is hereby amended by inserting after the word "budget", in line 4, the following words:- ; provided, however, that effective July 1, 1997, school or school districts which are determined to be under-performing or chronically under-performing within the meaning of sections 1J and 1K of chapter 69 may not allocate any such funds to cover legal expenses incurred in challenging such determination or in challenging actions taken by the board, the department or the commissioner in connection with such determination.

SECTION 25. Section 1A of chapter 75 of the General Laws, as so appearing, is hereby amended by striking out, in line 33, the words "be appointed for more than two consecutive terms" and inserting in place thereof the following words:- serve for more than ten years.

SECTION 26. Section 9 of chapter 118E of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the words "age or disability," and inserting in place thereof the words:- age, disability or blindness.

SECTION 27. Subsection (2) of section 9A of said chapter 118E, as so appearing, is hereby amended by striking out clause (e) and inserting in place thereof the following clause:-

(e) persons who are disabled, blind or chronically ill and eligible for benefits under the provisions of sections 16 and 16A.

SECTION 28. Section 16 of said chapter 118E, as so appearing, is hereby amended by inserting after the word "commonwealth", in line 3, the following words:- including persons who are blind.

SECTION 29. Section 16A of said chapter 118E, as so appearing, is hereby amended by inserting after the word "commonwealth", in line 2, the following words:- , including children who are blind.

SECTION 30. Chapter 151A of the General Laws is hereby amended by inserting after section 29E the following section:-

Section 29F. (a) An individual filing a new initial claim for unemployment benefits shall, at the time of filing such claim, disclose whether or not he owes an uncollected overissuance of food stamp coupons, as defined in section 13 (c) (1) of the Food Stamp Act of 1977. The commissioner shall notify the state food stamp agency enforcing such obligation of an individual who discloses that he owes an uncollected overissuance of food stamp coupons and who is determined to be eligible for unemployment benefits.

(b) The commissioner shall deduct and withhold from any unemployment benefits payable to an individual who owes an uncollected overissuance of food stamps:

(1) the amount specified by the individual to the commissioner to be deducted and withheld under this clause;

(2) the amount, if any, determined pursuant to an agreement submitted to the state food stamp agency under section 13 (c) (3) (A) of the Food Stamp Act of 1977; or

(3) any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13 (c) (3) (B) of said Food Stamp Act.

(c) Any amount deducted and withheld under this section shall be paid by the commissioner to the appropriate state food stamp agency.

(d) Any amount deducted and withheld under subsection (b) shall for all purposes be treated as if it were paid to the individual as unemployment benefits and paid by such individual to the state food stamp agency as repayment of the individual's uncollected overissuance.

(e) For the purposes of this section, the term "unemployment benefits" shall mean benefits payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.

(f) This section shall apply only if arrangements have been made for reimbursement by the state food stamp agency, so-called, for the administrative costs incurred by the commissioner under this section which are attributable to the repayment of uncollected overissuance to said state food stamp agency.

SECTION 31. Section 46 of said chapter 151A, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 48, the words "section 453 (e)" and inserting in place thereof the following:- sections 453 (e) and 453 (f).

SECTION 32.

N.B. -- This section was vetoed by the Acting Governor and has NOT been signed into law.

Said chapter 151A is hereby further amended by inserting after section 62 the following section:-

Section 62A. (a) The division of employment and training shall provide a minimum level of in-person assistance at the following regional offices: Worcester, Milford, Dudley, Springfield, Gardner, Greenfield, Pittsfield, North Adams, New Bedford, Northampton, Taunton, Brockton, Boston, Lawrence and Framingham.

(b) At said regional offices, in addition to such other access by telephone to offices of the division in existence on July 1, 1997, the deputy director shall maintain walk-in services, including the provision of general information, application assistance, claims information and orientation.

(c) The division shall provide an orientation to individuals who have applied for unemployment compensation within 15 days from the date upon which said application was made. At the orientation the claimant shall be informed of the determination process, eligibility criteria and requirements, including those mandated by worker profiling, and the address and telephone number to report to for division services. The division shall also provide claimants with information relative to the medical security plan and training benefit extensions established pursuant to section 30. The orientation may be provided through multilingual audio-visual methods, but the claimant shall have the opportunity for face-to-face interaction with division staff.

(d) The deputy director shall take any such actions as may be necessary to ensure that any notice to an individual issued by the division:

(i) is written in simple and clear language;

(ii) includes the address and telephone number of the regional office of the division which serves the recipient and the statewide toll free telephone number; and

(iii) that not later that January 1, 1998 the division shall issue all notices and materials explaining the provisions of this section in English, Spanish, Chinese, Haitian Creole, Italian, Portuguese, Vietnamese, Laotian, Khmer, Russian and any other language that is the primary language of at least 10,000 or > of 1% of all residents of the commonwealth. If the division fails to issue a bilingual notice in the claimant's primary language and such omission results in the claimant's failure to meet a deadline or requirement, the division's omission shall constitute good cause for the claimant's failure.

(e) Whenever an employee who, at the time has been employed for at least one week, is separated from work permanently, for an indefinite period or for a period of seven or more days, the employer, at the time of the separation, shall deliver to such employee written information furnished or approved by the division which shall contain the name and address of the employer, the identification number assigned to the employer by the division, instructions on how to file a claim for unemployment compensation, the address and telephone number of the regional office of the division which serves the recipient and the telephone claims number. An employer who fails to provide such information to a separated employee shall have no standing to contest such employee's claim and any benefits paid shall remain charged to the employer's account.

(f) A claimant shall be deemed to have initiated a claim for unemployment compensation benefits on the first day that the claimant contacts or attempts to contact the division, whether or not such employee is able to speak with a division representative at the time.

SECTION 33. Section 1 of chapter 166A of the General Laws, as amended by section 110 of chapter 43 of the acts of 1997, is hereby further amended by inserting after the definition of "Director" the following definition:-

"Division", the community antenna television commission established under section 2.

SECTION 34. The first paragraph of section 2 of said chapter 166A, as amended by section 111 of said chapter 43, is hereby further amended by adding the following sentence:- The director shall be appointed by the governor for a term coterminous with the governor and shall serve at the pleasure of the governor.

SECTION 35. The second paragraph of said section 2 of said chapter 166A, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 11 and 12, the word "executive" and inserting in place thereof, in each instance, the following word:- assistant.

SECTION 36. Section 1 of chapter 176N of the General Laws is hereby amended by striking out the definition of "Late enrollee", as amended by section 16 of chapter 47 of the acts of 1997, and inserting in place thereof the following definition:-

"Late enrollee," an eligible employee or dependent who requests enrollment in a group health plan or insurance arrangement after the plan initial enrollment period, their initial eligibility date provided under the terms of the plan or arrangement or the group's annual open enrollment period; provided, however, that an insured shall not be considered a late enrollee if the request for enrollment to the insurer is made within 30 days after termination of coverage provided under another health insurance plan or arrangement where such coverage has ceased due to termination of the spouse's employment or death of the spouse or if the request for enrollment is made pursuant to section 9A, 9C or 18 of chapter 118E.

SECTION 37. The third paragraph of section 10 of chapter 218 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out the line reading "district court of Newburyport".

SECTION 38. The fourth paragraph of said section 10 of said chapter 218, as so appearing, is hereby amended by inserting after the line "fourth district court of eastern Middlesex" the following line:- district court of Newburyport.

SECTION 39. Paragraph (a) of section 12 of chapter 372 of the acts of 1984 is hereby amended by striking out the fifth sentence, as most recently amended by section 1 of chapter 14 of the acts of 1997, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under the authority of this act shall not exceed $3,910,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.

SECTION 40. Section 16 of said chapter 372 is hereby amended by striking out the fourth sentence, as most recently amended by section 2 of said chapter 14, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under the authority of this act shall not exceed the sum of $3,910,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.

SECTION 41. Section 4 of chapter 268 of the acts of 1990 is hereby repealed.

SECTION 42. Section 5 of said chapter 268 is hereby repealed.

SECTION 43. Chapter 110 of the acts of 1993 is hereby amended by striking out section 340 and inserting in place thereof the following section:-

Section 340. Notwithstanding the provisions of any general or special law to the contrary, the Martha's Vineyard commission may, by majority vote of its members, incur a one time debt not to exceed the sum of $400,000 for the purpose of purchasing, rehabilitating and bringing into compliance with all local, state and federal codes the Olde Stone Building on New York avenue in the town of Oak Bluffs for the purpose of providing office and meeting room facilities for said commission.

SECTION 44. Item 8800-0051 of section 2A of chapter 120 of the acts of 1995 is hereby amended by inserting after the word "means", in line 28, the following words:- ; and provided, further, that $5,000 shall be obligated for the Worcester Tornado Memorial.

SECTION 45. The second paragraph of section 3 of chapter 71 of the acts of 1996 is hereby amended by adding the following sentence:- Members in service of the state retirement system who are eligible for said creditable service under this act on the effective date of this act shall make application for said creditable service no later than October 15, 1997.

SECTION 46. Item 0321-1510 of section 2 of chapter 151 of the acts of 1996 is hereby amended by striking out, in line 8, the word "only" and inserting in place thereof the following words:- and prior years bills.

SECTION 47. Said item 0321-1510 of said section 2 of said chapter 151 is hereby further amended by inserting after the figure "0321-1512", in line 15, the following:- and to item 0321-1520.

SECTION 48. Item 0321-1512 of said section 2 of said chapter 151 is hereby amended by striking out, in line 8, the word "only" and inserting in place thereof the following words:- and prior years bills.

SECTION 49. Said item 0321-1512 of said section 2 of said chapter 151 is hereby further amended by inserting after the figure "0321-1510", in line 9, the following:- and to item 0321-1520.

SECTION 50. Item 0321-1520 of said section 2 of said chapter 151 is hereby amended by striking out, in line 7, the word "only",- and by inserting after the word "ninety-seven", in line 9, the following words:- and prior years bills; and provided further, that the chief counsel may transfer funds to item 0321-1510 and to item 0321-1512 as necessary pursuant to schedules submitted to the house and senate committees on ways and means 30 days prior to any such transfer.

SECTION 51. Item 0526-0100 of said section 2 of said chapter 151 is hereby amended by inserting after the word "appropriation", in line 17, the following words:- ; provided, further, that not less than $400,000 shall be expended for a grant to the town of Framingham for funding restoration of the Hollis Street fire station; provided, further, that $25,000 shall be obligated for the Worcester women's history project to preserve and exhibit historic artifacts; and provided further, that $35,000 be obligated for the patriot squadron of the Association of Naval Aviation, Inc. for the development and maintenance of the Norfolk-Plymouth memorial grove, so-called.

SECTION 52. Section 2 of chapter 151 of the acts of 1996 is hereby amended by striking out item 2100-0005 and inserting in place thereof the following item:-

2100-0005
For the department of environmental management pursuant to the purposes of sections 10A½ of chapter 91 of the General Laws; provided, that $120,000 shall be expended for the Martha's Vineyard commission; provided further, that $200,000 be expended for the dredging of Pillings pond in the town of Lynnfield; provided further, that $100,000 shall be expended for the dredging of Gleason and Norton ponds in the town of Framingham; provided further, that not less than $30,000 shall be expended for the planning and engineering of a dredging project of the Wareham river; provided further, that not less than $1,000,000 shall be expended for the continuation of the Hardy pond restoration in the city of Waltham, including dredging; provided further, that $200,000 shall be expended for the restoration and protection of Chandler pond in Brighton, including but not limited to dredging; provided further, that not less than $200,000 shall be expended for direct removal of debris, obstructions, and siltation in the Aberjona river located in the town of Winchester; provided further, that not less than $75,000 shall be expended to inspect dams in the towns of Carver, Halifax, Plymouth and Middleborough; provided further, that not less than $150,000 shall be expended for the restoration of Milford pond, also known as Cedar Swamp pond, in the town of Milford; provided further, that not less than $938,100 shall be expended for the state share of costs associated with the dredging of the non-federal anchorage areas in Scitutate Harbor and the channels in the North and South River, jointly with the town of Marshfield; provided further, that not less than $500,000 shall be expended for the state share of costs associated with the dredging of Wellfleet Harbor; provided further, that not less than $215,000 shall be expended for the state share of costs associated with the dredging of Cohasset Harbor; provided further, that not less than $400,000 shall be expended for the costs associated with the dredging of Quincy public landing in Boston harbor; and provided further, that the department shall enter into an agreement with the city of Pittsfield to fund up to 50 per cent of a project for the removal of the accretion and revetment of the bank of the Housatonic river near Fairfield street in the city of Pittsfield, not to exceed $25,000
................................$10,652,014
General Fund 71.782%
Harbors and Inland Water Maintenance Fund 28.218%.

SECTION 53. Item 2100-2030 of said section 2 of said chapter 151 is hereby amended by striking out, in lines 20 to 22, inclusive, the words "enter into an intragovernmental service agreement with the department of fisheries, wildlife, and environmental law enforcement" and inserting in place thereof the following words:- give a grant to the city of Newburyport.

SECTION 54. Item 4180-1100 of said section 2 of said chapter 151 is hereby amended by striking out, in line 2, the words "one hundred thirty-two thousand dollars" and inserting in place thereof the following:- $280,000.

SECTION 55. Item 4190-1100 of said section 2 of said chapter 151 is hereby amended by striking out, in line 2, the words "eighty-eight thousand dollars" and inserting in place thereof the following:- $200,000.

SECTION 56. Said section 2 of said chapter 151 is hereby further amended by striking out item 4405-2000 and inserting in place thereof the following item:-

4405-2000
For the state supplement to the supplemental security income program for the aged and disabled, including a program for emergency needs for supplemental security income recipients; provided, that the expenses of special grants recipients residing in rest homes, as provided in section 7A of chapter 118A of the General Laws, may be paid from this item; provided further, that services shall be provided to the extent determined to be possible within the appropriation, and the department shall amend applicable rules, regulations or eligibility determination methods and seek all necessary waivers to ensure expenditures under said program do not exceed the appropriation herein; provided further, that not more than $1,200,000 shall be obligated for a community-based emergency aid to the elderly, disabled and children to supplemental security income conversion advocacy program; provided further, that not less than $25,000 shall be allocated for legal appeal services for emergency aid to the elderly, disabled and children to supplemental security income conversions; provided further, that the department of transitional assistance, in collaboration with the division of medical assistance, is hereby authorized to establish a new optional supplement living arrangement category under the supplemental security income program that makes payments to persons living in assisted living residences certified pursuant to chapter 19D of the General Laws who meet the income and clinical eligibility criteria established by the department and said division; provided further, that said optional category of payments shall only be administered in conjunction with the medicaid group adult foster care benefit; provided further, that 60 days prior to implementation of said optional category, the department and the division shall file with the house and senate committees on ways and means, a plan that shall establish a maximum percentage of residents at an assisted living facility who may receive such benefits; provided further, that the implementation of said optional category of payments shall be contingent on the submission of said plan; provided further, that notwithstanding provisions of any general or special law to the contrary, persons receiving services under the provisions of subsection (a) of section 6 of chapter 354 of the acts of 1994 on June 30, 1996 shall continue to receive said services until the implementation of said optional category of payments; provided further, that the eligibility of said persons for said optional category of payments shall be determined at the time said optional category of payments is implemented; provided further, that the expenses of a program to aid emergency aid to the elderly, disabled and children recipients in becoming eligible for said supplemental security income program may be paid from this item; provided further, that the department is authorized to expend not more than $3,300,000 from this item solely for the purpose of meeting calendar year 1996 maintenance of effort requirements in accordance with the rules of the supplemental security income program; and provided further, that the department is authorized to expend up to $2,500,000 from this item to reimburse recipients for half of the federal administrative cost assessed to the state for issuing state supplemental payments that were paid from a corresponding portion of said payment during the months of January, 1997 to June, 1997, inclusive
$194,921,619.

SECTION 57. Said section 2 of said chapter 151 is hereby further amended by striking out item 4513-1000 and inserting in place thereof the following item:-

4513-1000
For the administration of the division of family health services, including a program of maternal and child health in addition to any federal funds received for this program; provided, that not less than $250,000 shall be expended for community-based prenatal outreach and education programs targeted to those communities with severe infant mortality issues; provided further, that not less than $21,535,639 shall be expended for early intervention services; provided further, that the department shall report quarterly to the house and senate committees on ways and means the total number of units of service purchased and the total expenditures for such units of service paid by the department, the division of medical assistance and private payers for early intervention services for each of the following units: home visit, center-based individual, child focused group, parent focused group, screening and assessment; provided further, that the department shall make all reasonable efforts to secure third party and medicaid reimbursements for the early intervention services funded herein; provided further, that nothing herein shall give rise to enforceable legal rights to any such services or an enforceable entitlement to the early intervention services funded herein; provided further, that nothing stated herein shall be construed as giving rise to such enforceable legal rights or such enforceable entitlement; provided further, that notwithstanding the provisions of any general or special law to the contrary, the funds made available herein shall be the only state funds available for said early intervention program and the department shall not expend funds for said program in excess of the amount made available herein; provided further, that not less than $107,000 shall be expended for the Our Babies/Our Future program; provided further, that $100,000 shall be expended for the "Women Enjoying Longer Lives" program; provided further, that not less than $100,000 shall be expended for the purposes of section 51 of chapter 111 of the General Laws and section 10 of chapter 218 of the acts of 1995; provided further, that said department shall file a report with the joint committee on health care not later than December 31, 1996 for the purpose of establishing a mechanism for the collection of data concerning the implementation of and hospital compliance with said chapter 218 of the acts of 1995; provided further, that not less than $35,000 shall be expended for the Framingham teen parenting program; provided further, that an amount not to exceed $1,300,000 may be expended for reimbursements to providers for early intervention services rendered in the prior fiscal year resulting from a denial of third party reimbursement claims; provided further, that not less than $1,783,500 shall be expended for rape prevention and victim services; provided further, that not less than $3,263,000 shall be expended for family planning services provided by agencies certified as comprehensive family planning agencies; provided further, that not less than $75,000 shall be expended for a program for the promotion of preventive medicine through physical fitness and sports activities to be administered by the governor's committee on physical fitness and sports; provided further, that not less than $1,290,063 shall be expended for school and community-based teen health programs; provided further, that not less than $200,000 shall be provided to the Northeastern University conflict resolution program; provided further, that not less than $79,200 shall be expended for the North Quabbin domestic violence prevention program created by this act; and provided further, that not less than $100,000 shall be expended for Mujeres Y Ninos to provide a full-time child advocate-parent educator specialist to attend to the needs of Latino women in recovery with a focus on pregnant women, new parents and mothers recently reunified with children
$31,987,472

SECTION 58. Item 1599-3800 of section 2A of chapter 154 of the acts of 1996, as re-appropriated by paragraph I of section 2C of chapter 204 of the acts of 1996, is hereby amended by striking out the second clause and inserting in place thereof the following clause:- ; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 1996 and 1997 such amounts as may be necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with an allocation plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers.

SECTION 59. Item 1599-3802 of said section 2A of said chapter 154, as re-appropriated by paragraph I of section 2C of said chapter 204, is hereby amended by inserting after the word "means", in line 27, the following words:- ; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to 13.84 per cent of the amounts of said transfers.

SECTION 60. Item 1599-3803 of said section 2A of said chapter 154, as amended by section 135 of chapter 204 of the acts of 1996 and re-appropriated by paragraph I of section 2C of said chapter 204, is hereby further amended by striking out the second clause and inserting in place thereof the following clause:- ; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 1996 and 1997 such amounts as may be necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with an allocation plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers.

SECTION 61. Item 1599-7500 of said section 2A of said chapter 154, as amended by section 134 of chapter 204 of the acts of 1996 and re-appropriated by paragraph I of section 2C of said chapter 204 is hereby amended by inserting after the word "means", in line 22, the words:- ; and provided further, that an amount not to exceed $400,000 shall be available in fiscal year 1998 to meet the costs of the classification study required by section 21.04 of Article XXI of said collective bargaining agreement, and may be transferred by said secretary from this item to item 7066-0000 of section 2 of chapter 43 of the acts of 1998 in order to be expended for said purpose.

SECTION 62. Item 1750-0103 of section 2A of chapter 10 of the acts of 1997 is hereby amended by striking out the item number "1750-0103" and inserting in place thereof the following item number:- 1750-0104.

SECTION 63. Section 2 of chapter 43 of the acts of 1997 is hereby amended by striking out item 0330-2205 and inserting in place thereof the following item:-

0330-2205
For the costs associated with maintaining and operating courthouse facilities owned by the commonwealth; provided, that two additional maintenance personnel positions shall be funded from this item in fiscal year 1998 and that said additional employees shall be assigned to the trial court building in Fall River at the former Durfee High School; provided further, that four custodians employed by Franklin county in fiscal year 1997 shall be reclassified as state employees for fiscal year 1998 and shall be compensated from this item; and provided further, that any court maintenance personnel employed by Middlesex county that have been reclassified as state employees pursuant to section 5 of chapter 48 of the acts of 1997 shall be compensated from this item and shall not suffer a lapse in compensation between service as employees of said Middlesex county and service as state employees
$17,701,280.

SECTION 64. Said section 2 of said chapter 43 is hereby further amended by striking out item 0330-3200 and inserting in place thereof the following item:-

0330-3200
For the court security program, including personnel and expenses; provided, that $790,000 shall be expended for additional security guards; provided further, that $720,625 shall be expended for 25 additional court officers; provided further, that said security guards and court officers may be available for assignment in accordance with juvenile court expansion funded pursuant to item 0337-0003 of this act; provided further, that all other per diem court officers shall be paid the daily rate in accordance with collective bargaining agreements; and provided further, that $460,000 shall be expended for 23 additional security guards to be assigned to the Middlesex county courthouses in Cambridge and Lowell
................................$28,178,857.

SECTION 65. Said section 2 of said chapter 43 is hereby amended by striking out item 0332-2800 and inserting in place thereof the following item:-

0332-2800
For the district court of Newburyport; provided, that two additional probation officers, one additional sessions clerk, one additional assistant clerk magistrate, and one additional procedures clerk I position shall be funded from this item in fiscal year 1998
................................$1,311,876.

SECTION 66. Item 0332-6500 of said section 2 of said chapter 43 is hereby amended by striking out the word "associate".

SECTION 67. Said section 2 of said chapter 43 is hereby further amended by inserting after item 0540-1100 the following two items:-

0540-1400
For the Middlesex northern district registry of deeds; provided, that the payroll expenditures for said registry paid from item 0511-0000 prior to the enactment of the final supplemental appropriation act for fiscal year 1997 may be charged to this item
................................$1,392,737
0540-1500
For the Middlesex southern district registry of deeds; provided, that the payroll expenditures for said registry paid from item 0511-0000 prior to the enactment of the final supplemental appropriation act for fiscal year 1997 may be charged to this item
................................$3,634,297.

SECTION 68. Item 1102-3301 of said section 2 of said chapter 43 is hereby amended by adding after the words "Massachusetts arts commission;" the following proviso:- provided, that not less than $12,000 shall be made available to fund capital improvements to the commonwealth children's center, so-called, located in the McCormack state office building for the purpose of renovating the children's bathrooms to conform with the provisions of the Americans With Disabilities Act and the safety and health standards required by the office of child care services;.

SECTION 69. Said section 2 of said chapter 43 is hereby amended by striking out item 2010-0100 and inserting in place thereof the following item:-

2010-0100
For recycling and related purposes consistent with the recycling plan of the solid waste master plan which includes municipal equipment grants, a municipal recycling incentive program, recycled product procurement, guaranteed annual tonnage assistance, recycling transfer stations, source reduction and technical assistance, consumer education and participation campaign, municipal household hazardous waste program, the recycling loan program, research and development, recycling market development and recycling business development, and the operation of the Springfield materials recycling facility; provided, that not less than $100,000 shall be expended for a public education campaign to encourage participation in existing curbside pick-up recycling programs in the city of Boston; provided further, that not less than $1,125,000 shall be expended for the recycling loan fund; provided further, that not less than $625,000 shall be expended for business assistance and research and development, including, the strategic envirotechnology partnership, so-called, at public, private, and quasi-public educational and research institutions; provided further, that not less than $500,000 of the amount appropriated herein shall be expended for a recycling industry reimbursement program pursuant to section 241A; provided further, that not more than $2,200,000 shall be expended on municipal recycling incentive programs, so-called; and provided further, that the secretary of environmental affairs shall prepare a strategic plan to assess and evaluate the supply of recyclable materials and demand of recyclable materials, and promote the use of recyclable materials in manufacturing and production pursuant to section 291
................................$7,000,000
Clean Environment Fund 100.0%.

SECTION 70. Item 2320-0200 of said section 2 of said chapter 43 is hereby amended by inserting after the word "canal" the following words:- ; and provided further, that not less than $50,000 shall be expended for the following projects at the Quabbin reservoir: (1) erection of educational signs which describe the species of fish within said reservoir, including maps delineating areas where such species frequent and how such species may be caught; (2) the production of a professionally developed booklet which describes the species of fish within said reservoir, including maps delineating areas where such species frequent and how such species may be caught; (3) the construction of a jetty at the boat landing at gate 8, so-called; and (4) improvements which enhance the handicapped accessibility of public rest rooms at said reservoir.

SECTION 71. Item 4000-0300 of said section 2 of said chapter 43 is hereby amended by inserting after the word "attendants" in line 39 the following word:- provided further, that notwithstanding any general or special law to the contrary, $1,500,000 shall be used for a program of marketing, education and outreach about the benefits available pursuant to chapter 203 of the acts of 1996.

SECTION 72. Item 4000-0314 of said section 2 of said chapter 43 is hereby amended by adding after the word "Reform" the following words:- ; provided, that only federal funds received from the allocation established by the Personal Responsibility and Work Opportunity Reconciliation Act may be credited to this item.

SECTION 73. Said section 2 of said chapter 43 is hereby further amended by inserting after item 4000-0830 the following item:-

4000-0842
For a program of MassHealth payments, so-called, to certain publicly-operated entities providing Title XIX reimbursable services, directly or through contracts with hospitals, under an agreement with the division relating to such payments and transfers, and established in accordance with Title XIX of the Social Security Act or federal waivers thereof, federal regulations promulgated thereunder, the terms of the waiver under section 1115 of the Social Security Act, state law and the state medicaid plan; provided, that funds may be expended from this item only for services rendered during fiscal year 1998; provided further, that expenditures from this item shall reduce payments from the uncompensated care pool, established pursuant to section 18 of chapter 118G of the General Laws, to said entities by a comparable amount; provided further, that the division shall notify the house and senate committees on ways and means should expenditures from this item be rendered ineligible for federal reimbursement; provided further, that all expenditures from this item shall be reported quarterly to the house and senate committees on ways and means; provided further, that this appropriation shall be funded in part through intergovernmental transfers to the commonwealth of municipal or other nonfederal public funds; and provided further, that the Boston Public Health Commission and the Cambridge Public Health Commission shall transfer to the General Fund not less than ½ the gross amounts, so-called, made by the division under managed care contracts with said commissions
................................$206,256,201

SECTION 74. Item 4110-1000 of said section 2 of said chapter 43 is hereby amended by inserting after the word "program", the following words:- ; provided, that not less than $400,000 be expended for the Talking Information Center.

SECTION 75. Item 4403-2000 of said section 2 of said chapter 43 is hereby amended by striking out the words "Transitional Aid to Needy Families Fund . . . . 61.98%" and "General Fund . . . . .38.02%" and inserting in place thereof the following words:- "Transitional Aid to Needy Families Fund . . . . 55.37%; General Fund . . . . 44.63%".

SECTION 76. Said section 2 of said chapter 43 is hereby amended by striking out item 4405-2000 and inserting in place thereof the following item:-

4405-2000
For the state supplement to the supplemental security income program for the aged and disabled, including a program for emergency needs for supplemental security income recipients; provided, that the expenses of special grants recipients residing in rest homes, as provided in section 7A of chapter 118A of the General Laws, may be paid from this item; provided further, that the department of transitional assistance, in collaboration with the division of medical assistance, is hereby authorized to fund an optional supplement living arrangement category under the supplemental security income program that makes payments to persons living in assisted living residences certified pursuant to chapter 19D of the General Laws who meet the income and clinical eligibility criteria established by the department and said division; provided further, that said optional category of payments shall only be administered in conjunction with the medicaid group adult foster care benefit; provided further, that notwithstanding the provisions of any general or special law to the contrary, persons receiving services under the provisions of subsection (a) of section 6 of chapter 354 of the acts of 1994 on June 30, 1996 shall continue to receive said services until the implementation of said optional category of payments; and provided further, that the expenses of a program to aid emergency aid to the elderly, disabled and children recipients in becoming eligible for said supplemental security income program may be paid from this item, prior appropriation continued
................................$177,329,659.

SECTION 77. Said section 2 of said chapter 43 is hereby further amended by striking out item 4510-0712 and inserting in place thereof the following item:-

4510-0712
The department of public health is hereby authorized to expend an amount not to exceed $473,500 in revenues collected from the licensure of health facilities, for program costs of the division of health care quality; provided, that the department is hereby further authorized to expend an amount not to exceed $800,000 from revenues collected from individuals applying for emergency medical technician licensure and recertification; and provided further, that notwithstanding the provisions of any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system
................................$1,273,500.

SECTION 78. Said section 2 of said chapter 43 is hereby further amended by inserting after item 4513-1112 the following item:-

4516-0263
The department of public health is hereby authorized to expend an amount not to exceed $1,400,000 from fees collected from insurers and individuals for various blood lead testing; provided, that notwithstanding the provisions of any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system
................................$1,400,000.

SECTION 79. Item 4800-0017 of said section 2 of said chapter 43 is hereby amended by striking out the words "with a Boys and Girls club".

SECTION 80. Item 7004-9005 of said section 2 of said chapter 43 is hereby amended by inserting after the words "Chelsea housing authority" the following words:- ; provided further, that $75,000 shall be expended for the establishment of community technology centers at the Commonwealth Housing Development and Jackson Mann Community Center in the Allston-Brighton section of the city of Boston.

SECTION 81. Said section 2 of said chapter 43 is hereby further amended by striking item 8910-0000 and inserting in place thereof the following two items:-

8910-0000
For a reserve to fund county correctional programs; provided, that not more than $385,000 shall be expended for an intermediate sanctions program at the New Bedford district court; provided further, that not less than $4,900,531 shall be made available to Barnstable county; provided further, that not less than $3,630,303 shall be made available to Berkshire county; provided further, that not less than $22,473,767 shall be made available to Bristol county; provided further, that not less than $775,592 shall be made available to Dukes county; provided further, that not less than $20,610,564 shall be made available to Essex county; provided further, that not less than $34,015,834 shall be made available to Hampden county; provided further, that not less than $6,940,500 shall be made available to Hampshire county; provided further, that not less than $59,714 shall be made available to Nantucket county; provided further, that not less than $13,928,823 shall be made available to Norfolk county; provided further, that not less than $25,188,320 shall be made available to Plymouth county; provided further, that said funds appropriated to Plymouth county shall be expended for operating and debt service costs associated with state inmates housed in the Plymouth county facility, pursuant to the provisions of clauses 3 and 4 of the Memorandum of Agreement signed May 14, 1992; provided further, that not less than $63,032,618 shall be made available to Suffolk county; provided further, that not less than $22,009,212 shall be made available to Worcester county; provided further, that the balance of funds appropriated herein shall be distributed among the counties by the county government finance review board, upon prior notification to the house and senate committees on ways and means; provided further, that Suffolk county shall not receive additional funding from said balance for county corrections maintenance and operation expenses; provided further, that funds distributed from this item shall be paid to the treasurer of each county who shall place said funds in a separate account within the treasury of each county; provided further, that the treasurer shall authorize temporary transfers into this account for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the state under this item; provided further, that upon receipt of the state distribution, the treasurer shall be authorized to transfer out of said account an amount equal to the funds so advanced; provided further, that all funds deposited in said accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs' departments of the various counties, including, but not limited to, maintenance and operation of jails and houses of correction, without further appropriation; provided further, that the sheriff's department of each county shall reimburse the county treasurer of each county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriff's department of each county heretofore paid by the county including, but not limited to, the cost of employee benefits; provided further, that the spending plans required by this item shall be developed by the county government finance review board, in consultation with the Massachusetts Sheriffs' Association; provided further, that in accordance with section 247 of chapter 38 of the acts of 1995, all spending plans shall be detailed by subsidiary and object code in accordance with any and all expenditure classification requirements promulgated by the comptroller; provided further, that said spending plans shall be accompanied by a delineation of all personnel employed by each county correctional facility including, but not limited to, position, title, classification, rank, grade, salary and full-time or part-time status; provided further, that said spending plans shall be accompanied by a delineation of all vehicles leased, owned or operated by each county sheriff; provided further, that said delineation shall include vehicle make and model, year, mileage, condition, date purchased or leased, and vehicle primary use; provided further, that no sheriff shall purchase any new vehicles or major equipment in fiscal year 1998 unless such purchase is made pursuant to a multicounty or regionalized collaborative procurement arrangement, or is directly related to significant population increase or is otherwise necessary to address an immediate and unanticipated public safety crisis, and is approved by the county government finance review board and the executive office of public safety; provided further, that notwithstanding the provisions contained herein, sheriffs may purchase "marked" prisoner transportation vans, so-called, upon notification to the county government finance review board; provided further, that the county government finance review board and the executive office of public safety shall identify and develop county correction expenditures which shall be reduced through shared contracts, regionalized services, bulk purchasing and other centralized procurement savings programs; provided further, that documentation of said expenditures and savings shall be submitted to the house and senate committees on ways and means not later than December 30, 1997 and shall make provision for said system of shared contracts, regionalized services, bulk purchasing and other centralized procurement savings to take effect no later than June 30, 1998; provided further, that the daily count sheet for county facilities, so-called, compiled by the executive office of public safety, shall be filed with the Massachusetts Sheriffs' Association not less than monthly; provided further, that all revenues including, but not limited to, revenue received from housing federal prisoners, United States Marshal's, canteen revenues, inmate industries and work-crew revenues shall be tracked and reported quarterly to the house and senate committees on ways and means and the Massachusetts Sheriff's Association; provided further, that on or before October 15, 1997, each county sheriff shall submit a final spending plan for fiscal year 1998 to the county government finance review board, detailing the level of resources deemed necessary for the operation of each county correction facility and the expenditures which shall be reduced to remain within the appropriation; provided further, that failure by a county sheriff to comply with any provision of this item shall result in a reduction of subsequent quarterly payments to amounts consistent with a rate of expenditure of 95 per cent of the rate of expenditure for fiscal year 1997, as determined by the county government finance review board; provided further, that each sheriff shall submit to the executive office of public safety and the house and senate committees on ways and means copies of said spending plans not later than October 15, 1997; provided further, that on or before November 15, 1997, the county government finance review board shall have approved final fiscal year 1998 county corrections budgets; provided further, that the county government finance review board shall provide the executive office of public safety and the house and senate committees on ways and means with copies of said approved budgets no later than December 15, 1997; provided further, that said budgets shall include distribution schedules for the final two quarters of fiscal year 1998, and said plans shall be used to make all subsequent quarterly distributions; provided further, that services shall be provided to the extent determined to be possible within the amount appropriated herein, and each sheriff shall make all necessary adjustments to ensure that expenditures do not exceed said appropriation; provided further, that each county shall expend during fiscal year 1998, for the operation of county jails and houses of correction and other statutorily authorized facilities and functions of the office of the sheriff, in addition to the amount distributed from this item, not less than 102.5 per cent of the amount expended in fiscal year 1997 for such purposes from own-source revenues, which shall not be less than 5 per cent of total county revenues including, but not limited to, amounts levied pursuant to sections 30 and 31 of chapter 35 of the General Laws and amounts provided pursuant to sections 11 to 13, inclusive, of chapter 64D of the General Laws; provided further, that in fiscal year 1998, those counties which have not met maintenance of effort obligations in prior fiscal years shall expend not less than the minimum contribution, as defined above from own-source revenues; provided further, that notwithstanding the provisions stated herein, the maintenance of effort obligations for Suffolk county shall be 8.75 per cent of the total Suffolk county corrections operating budget as approved by the county government finance review board; provided further, that notwithstanding the provisions of any general or special law to the contrary, the deputy commissioner of revenue for local services shall certify on or before May 15, 1998 that all municipalities have appropriated and transferred to their respective county treasuries, not less than 102.5 of the municipality's prior year obligations or minimum contributions as defined above, whichever is greater, for county corrections; provided further, that if any municipality fails to transfer said obligation, said deputy commissioner is hereby authorized and directed to withhold an amount equal to the shortfall in the obligation due to the county from said municipality's fourth quarter local aid "cherry sheet" distribution, so-called, authorized from account 0611-5500 of section 2 and from funds made available from the state lottery fund distribution in section 3 of this act; provided further, that on or before August 1, 1998, said commissioner shall report all such withholdings to the house and senate committees on ways and means; provided further, that in fiscal year 1998, notwithstanding the provisions of section 20A of chapter 59 of the General Laws, any county except Suffolk and Nantucket may increase its county tax for said fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the mayor or manager; provided further, that any county which borrowed under the provisions of section 6 of chapter 193 of the acts of 1989 on or before July 31, 1998 or which borrowed in fiscal year 1989 under the provisions of section 36A of chapter 35 of the General Laws, is hereby authorized to refund such debt for a term not to exceed seven years from the date of the original loan with payments on such refunding loan to be made in accordance with the provisions of chapter 35 of the General Laws and section 12 of chapter 64D of the General Laws, as may be applicable; and provided further, that each sheriff shall continue to report all expenditures on the Massachusetts management accounting reporting system, so-called, in accordance with the latest expenditure classification requirements promulgated by the state comptroller pursuant of the provisions of section 27 of chapter 29 of the General Laws
................................$250,094,030
Local Aid Fund 100.0%
8910-0107
For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the sheriff of the former Middlesex county; provided, that the spending plan required by this item shall be detailed by subsidiary and in accordance with any and all expenditure classification requirements promulgated by the comptroller; provided further, that said spending plan shall be accompanied by a delineation of all personnel employed by such correctional facility; provided further, that said spending plan shall be accompanied by a delineation of all vehicles leased, owned or operated by said sheriff; provided further, that said delineation shall include vehicle make and model, year, mileage, condition, date purchased or leased, and vehicle primary use; provided further, that said sheriff shall not purchase any new vehicles or major equipment in fiscal year 1998 unless such purchase is made pursuant to a multi-county or regionalized collaborative procurement arrangement, or is directly related to significant population increase or is otherwise necessary to address an immediate and unanticipated public safety crisis; provided further, that the daily count sheet for county facilities, so-called, compiled by the executive office of public safety, shall be filed with the Massachusetts Sheriffs' Association not less than monthly; provided further, that on or before October 15, 1997, said sheriff shall submit a final spending plan for fiscal 1998 to the Massachusetts Sheriffs' Association, detailing the level of resources deemed necessary for the operation of each correction facility and the expenditures which shall be reduced to remain within the appropriation; provided further, that said sheriff shall submit to the executive office of public safety and the house and senate committees on ways and means copies of said spending plan not later than October 15, 1997; provided further, that services shall be provided to the extent determined to be possible within the amount appropriated herein, and said sheriff shall make all necessary adjustments to ensure that expenditures do not exceed said appropriation; and provided further, that said sheriff shall continue to report all expenditures on the Massachusetts management accounting reporting system, so-called, in accordance with the latest expenditure classification requirements promulgated by the state comptroller pursuant to the provisions of section 27 of chapter 29 of the General Laws
................................$41,737,543.

SECTION 82. Said section 2 of said chapter 43 is hereby amended by inserting after item 9110-9002 the following:-

Federal Appropriations

9110-0850
For the purposes of a federally funded grant entitled, Coordinated Aging, Rehabilitation and Disability Services
................................$83,922
9110-1074
For the purposes of a federally funded grant entitled, Older Americans Assistance, Title III and Title VII; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies
................................$9,915,740
9110-1095
For the purposes of a federally funded grant entitled, Health Information Counseling and Assistance; provided that the executive office of elder affairs may provide periodic payments in advance to participating agencies
................................$350,000
9110-1173
For the purposes of a federally funded grant entitled, Older Americans Act - Title III Nutrition Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies
................................$13,350,000
9110-1178
For the purposes of a federally funded grant entitled, Community Service Employment Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies
................................$1,950,000
9110-1181
For the purposes of a federally funded grant entitled, Cash in Lieu of Commodities Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies
................................$3,850,000.

SECTION 83. Subsection (d) of section 210 of said chapter 43 is hereby amended by striking out the words "clause (1) and (2)" and inserting in place thereof the following words:- clauses (1), (2) and (3).

SECTION 84. Section 211 of said chapter 43 is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Notwithstanding the provisions of subsection (a), a person who is not a citizen of the United States, but who either is a qualified alien within the meaning of section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. section 1641, or is otherwise permanently residing in the United States under color of law, may receive different benefits which shall be no less than the same benefits provided on July 1, 1997, to the eligibility group described in clause (g) of subsection (2) of section 9A of chapter 118E, unless said person (i) is residing in a nursing facility, as defined by 42 U.S.C. section 1396r, as of June 30, 1997, (ii) was receiving services or benefits pursuant to said chapter 118E as of June 30, 1997, (iii) had an application for long-term care services pending on July 1, 1997, or (iv) is eligible for federally reimbursed services or benefits; provided that services or benefits other than emergency services shall not be provided to undocumented aliens unless required by federal law.

SECTION 85. Said chapter 43 is hereby further amended by inserting after section 240 the following new section:-

Section 241A. (a) Notwithstanding the provisions of any general or special law to the contrary, for the purposes of this section, the following terms shall, unless the context clearly indicates otherwise, have the following meanings:-

"Designated feed stock materials", postconsumer waste material, as defined in this section, and as specified by the department of environmental protection, including, but not limited to, paper, glass and plastic bottles, and tires, which has been through a reclaiming process, as defined in this section, and is ready for use as an input to a system that transforms them, and any other inputs, into products of economic value; said materials shall not include post-industrial waste materials or metals.

"Designated unprocessed materials", those materials shall be limited exclusively to postconsumer waste material, as defined in this section, and as specified by the department of environmental protection, including, but not limited to, theretofore unprocessed loose paper, glass and plastic bottles and tires; provided, however, that said materials shall not include metals.

"Eligible business", a company or corporation, which (A) either: (i) uses designated unprocessed materials in their reclaiming process; or (ii) uses designated feed stock materials, generated by an eligible business, in their manufacturing process; and (B) has at least 50 per cent of its full-time equivalent non-salaried workforce in the commonwealth. A business shall not be considered eligible which: (i) has been convicted of violating any state or federal civil or criminal environmental law in the past three years; or (ii) acts as an intermediary or broker between companies and corporations engaged in the manufacturing process or reclaiming process.

"Manufacturing process", those activities by which designated materials are used as an input to a system that transforms them, and any other inputs, into products of added economic value and resold to a nonaffiliated business.

"Postconsumer waste material", any product generated by a business or consumer that has served its intended use, and that has been separated from solid waste for the purposes of collection, recycling and disposition and that does not include postindustrial waste material.

"Postindustrial waste material", internally generated scrap or fragments of products commonly returned to industrial or manufacturing processes, including home scrap or mill broke.

"Reclaiming process", those activities which densify, shred, bale, grind, culletize or otherwise process theretofore designated unprocessed material.

"Virgin feed stock materials", those materials extracted from their natural resource base and that are prepared for input into a system that transforms them and any other inputs, into products of economic value.

(b) The department of environmental protection, subject to the provisions of this section, shall promulgate final regulations by April 1, 1998, which establish the recycling industries reimbursement grant program for eligible businesses in the commonwealth, hereafter referred to as the program, for implementation 30 days after said final regulations are submitted to the house and senate committees on ways and means for review, subject to appropriation. Said program shall be funded, subject to appropriation, by the Clean Environment Fund, established pursuant to section 323F of chapter 94 of the General Laws.

(c) The department of environmental protection shall determine which materials within the designated unprocessed materials and the designated feed stock materials shall be eligible for a reimbursement grant; provided, that no materials that are hazardous waste under applicable state and federal environmental laws shall be eligible for said reimbursement grant. Said department shall evaluate and report the potential for successful recycling of each designated material under investigation, including an objective analysis which identifies materials with stable or mature markets and problematic materials with unstable immature markets. Said problematic materials may include, but not be limited to, green glass, mixed paper, newspaper and plastics. Said department shall also identify materials which may require stimulation by inclusion as a designated unprocessed materials and designated feed stock material.

(d) The department of environmental protection shall determine the amount of the reimbursement grants for eligible businesses, which amount shall be based upon the following factors including, but not limited to: (i) the differences between market prices or price quotations for virgin feed stock materials and the price paid for designated feed stock materials by an eligible business engaged in the manufacturing process in the commonwealth; (ii) the amount of designated feed stock material sold by eligible businesses engaged in the reclaiming process in the commonwealth; (iii) the amount of designated feed stock material used by eligible businesses engaged in the manufacturing process in the commonwealth; and (iv) the market history and price fluctuations of materials. Said department shall make periodic adjustments to reimbursement grant rates as deemed necessary, based on the condition of the markets. Said department shall also have the authority to establish additional criteria upon which to award reimbursement grants; provided that within 6 months of the effective date of this section, said department shall submit the initial implementation plan for the program including, but not limited to, proposed additional materials and criteria, to the house and senate committees on ways and means and the joint committee on natural resources and agriculture. Said department shall determine a maximum annual reimbursement grant limit per eligible business.

(e) The department of environmental protection shall design a promotional strategy for the reimbursement grant program that will reach the maximum number of potentially eligible businesses. Said department shall coordinate said promotion strategy with existing programs in business development and the recycling loan fund to achieve the efficient use of activities and funds.

(f) The department of environmental protection shall design and implement controls to prevent fraud and waste of program funds, including, but not limited to: (i) awarding reimbursement grants to companies or corporations which attempt to reclaim the same batch of designated unprocessed materials multiple times; or (ii) awarding reimbursement grants to companies or corporations which purchase designated feed stock materials, but do not use said materials in the manufacturing process.

(g) The department of environmental protection may enter into interagency service agreements or other cooperative agreements with any agency of the commonwealth which it deems appropriate to develop and implement said program including, but not limited to, the department of economic affairs, and the strategic envirotechnology partnership, so called, to promote, evaluate or analyze said program.

(h) The department of environmental protection, in cooperation with the department of revenue, shall review and approve applications for the reimbursement grants allowed in this section. Application for reimbursement grant shall be made in writing on a form prescribed by said department and shall contain information including, but not limited to, and where applicable, on the purchase of designated unprocessed materials, the sale of designated feed stock materials, a description of the designated feed stock materials, the amount of designated materials, the percentage of designated feed stock materials, the percentage of postindustrial waste material and the percentage of virgin feed stock materials used in manufacturing and the products manufactured. Reimbursement grants shall be processed and awarded in a timely fashion. Any business which falsifies any information contained in its application for reimbursement grant shall be subject to a fine of double the amount of said reimbursement grant.

(i) An annual report detailing the reimbursement grant program as implemented, including but not limited to: amounts and numbers of reimbursement grants requested and awarded shall be submitted to the house and senate committees on ways and means and the joint committee on natural resources and agriculture by January 1 of each year for the most recent fiscal year.

SECTION 86. Said chapter 43 is hereby further amended by striking out section 310 and inserting in place thereof the following section:-

Section 310. The provisions of sections 50, 160, and 237 shall take effect on June 30, 1997.

SECTION 87. Section 5 of chapter 48 of the acts of 1997 is hereby amended by adding the following sentence:- All persons employed by the former Franklin county or by an abolished county as that term is defined in section 1, whose work functions primarily concern the operation and maintenance of such county's court facilities assumed by the state pursuant to section 567 of chapter 151 of the acts of 1996 or pursuant to this section, shall be transferred to the employment of the commonwealth in the manner provided in section 21 of chapter 203 of the acts of 1988.

SECTION 88. Paragraph (b) of the second paragraph of section 11 of said chapter 48 is hereby amended by adding the following sentence:- Employees shall be transferred without change in union representation.

SECTION 89. Notwithstanding the provisions of any general or special law to the contrary, an amount not to exceed $190,000 of the balance which otherwise would revert on June 30, 1997, from item 1599-3790 of section 2A of chapter 204 of the acts of 1996 shall remain available for expenditure until June 30, 1999.

SECTION 90. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer, as of June 30, 1997, to the Children's and Seniors' Health Care Assistance Fund the unexpended balance in the public sector responsibility account established pursuant to section 16 of chapter 118F of the General Laws and subsequently repealed by section 274 of chapter 151 of the acts of 1996. The division of health care finance and policy may expend in fiscal year 1998 an amount not to exceed $200,000 of the amount so transferred for a comprehensive survey of the uninsured and underinsured of the commonwealth pursuant to section 25 of chapter 203 of the acts of 1996, as amended; provided, that said survey shall also report on the number of persons potentially eligible for the senior pharmacy program authorized pursuant to section 16B of chapter 118E of the General Laws.

SECTION 91. Notwithstanding the provisions of any general or special law to the contrary, the group insurance commission is hereby authorized to transfer from item 1108-5230 of section 2 of chapter 151 of the acts of 1996 to item 1108-5200 of said section 2 of said chapter 151 such amounts as may be necessary to carry out the provisions of said item 1108-5200 where the amounts otherwise available are insufficient.

SECTION 92. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer, as of October 1, 1997, $33,300,000 from the General Fund to the uncompensated care pool pursuant to the provisions of section 20 of chapter 47 of the acts of 1997. Said transfer is hereby deemed a temporary start-up loan to the uncompensated care pool; provided, that the loan authorized herein shall be repaid to the General Fund on or before June 30, 1998.

SECTION 93. Notwithstanding the provisions of any general or special law to the contrary, the metropolitan district commission is hereby authorized to expend $15,801.25 for services provided by the CAPRON lighting and sound company in prior fiscal years, and $1,277.50 for services provided by McGinley Hart and Associates in prior fiscal years.

SECTION 94. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, any and all revenues collected from the operation of the function of the jail, house of corrections, and registries of deeds of the former Middlesex county shall become revenues of the commonwealth on July 1, 1997. All revenues collected from the operation of said functions prior to the effective date of chapter 48 of the acts of 1997 which have not been expended or encumbered before said effective date shall be transferred to the commonwealth. All revenues collected under the provisions of this section shall be deposited in the General Fund.

SECTION 95. Notwithstanding the provisions of any general or special law to the contrary, the funds appropriated in item 8312-1000 of section 2 of this act shall be expended only to fund a one-time payment to a former bureau of special investigations' employee, which specifically relates to a mediation settlement regarding the status of his departure.

SECTION 96. Notwithstanding the provisions of any general or special law to the contrary, the funds appropriated in item 8900-0001 of section 2 of this act shall be expended only to fund violence pay, so-called, to employees and former employees of the department of correction, owed to them as a result of the class action arbitration opinion of the office of employee relations between the Massachusetts Correction Officers Federated Union and the Commonwealth of Massachusetts - ARB#1489 (OER #92-0214).

SECTION 97. Notwithstanding the provisions of any general or special law to the contrary, the funds appropriated in item 4110-1000 of section 2 of this act shall be expended only to fund for retroactive pay for children's service workers incurred in prior fiscal years.

SECTION 98. Notwithstanding the provisions of any general or special law to the contrary, the enrollment period for the senior pharmacy program, so- called, established pursuant to section 16B of chapter 118E of the General Laws, is hereby extended until December 31, 1997.

SECTION 99.

N.B. -- This section was vetoed by the Acting Governor and has NOT been signed into law.

The department of social services is hereby authorized and directed to submit to the house and senate committees on ways and means and the executive office of administration and finance on a monthly basis, commencing September 1, 1997, a monthly status report on expenditures from item 4800-1100 in section 2 of the general appropriation act for the fiscal year ending June 30, 1998 detailing monthly expenditures from the AA subsidiary, by object code. Said report shall compare AA expenditures, by object code, to expenditures made during the same fiscal accounting periods in fiscal years 1996 and 1997 for employees of bargaining unit 8. Said report shall include a projection of total expenditures from said item 4800-1100 in fiscal year 1998 which shall be based in part on reported year to date expenditures. Said department shall be prohibited from hiring new employees to fill positions funded from item 4800-0015 during any month that projected annual expenditures from item 4800-1100 exceed the total amount appropriated therein until such time as the executive office of administration and finance certifies in writing to the house and senate committees on ways and means that the total amounts available in item 4800-1100 shall be sufficient to meet projected fiscal year 1998 obligations.

SECTION 100. Notwithstanding the provisions of any general or special law to the contrary, the department of environmental management is hereby authorized to issue grants to non-governmental entities from the following accounts as reported on the Massachusetts management accounting and reporting system, so-called: 2121-8889, 2121-8884 and 2121-8962; provided further, that the department may issue grants to non-governmental entities from fund 290 authorizations, so-called.

SECTION 101. Notwithstanding the provisions of any general or special law to the contrary, the department of environmental management is hereby authorized to obtain copyrights and trademarks to and in materials prepared by private vendors or department employees and to enter into agreements with private entities to license the right to reproduce, manufacture, adapt, distribute, publish, perform and display products incorporating such copyrighted or trademarked materials; provided, that such materials may be sold either by said private entities or by the department; and provided further, that the department shall deposit all proceeds received under any said agreements and from the sale of merchandise by the department in the Second Century Fund established by section 2EE of chapter 29 of the General Laws.

SECTION 102. Notwithstanding the provisions of any general or special law to the contrary, to the extent that a taxpayer has been assessed a sales tax on internet access services, electronic mail services, electronic bulletin board services, web hosting services or similar on-line computer services, the commissioner, upon application of the taxpayer, shall abate the tax so assessed. As part of any such abatement, the taxpayer shall refund to its customers any sums collected as sales tax on sales of internet access services, electronic mail services, electronic bulletin board services, web hosting services or similar on-line computer services.

SECTION 103. The special commission on taxation of telecommunication services' established pursuant to section 670 of chapter 151 of the acts of 1996 is hereby revived and continued. Said special commission shall file its final report on or before December 1, 1998.

SECTION 104. Notwithstanding the provisions of chapter 716 of the acts of 1989 or any other general or special law to the contrary, the Cape Cod Regional Transportation Authority's intermodal transportation project, so-called, in the town of Barnstable shall not be subject to the jurisdiction of the Cape Cod Commission established by said chapter 716.

SECTION 105. Notwithstanding the provisions of any general or special law to the contrary, $320,000 of the amount appropriated in item 4512-0200 of section 2 of chapter 151 of the acts of 1996 shall be encumbered and expended for the Center for Health and Human Services, Inc. of New Bedford.

SECTION 106. The state treasurer is hereby authorized and directed to transfer the sum of $20,200,000 from revenues credited to the Local Aid Fund in fiscal year 1997 to (a) the Water Pollution Abatement Revolving Fund for the purposes of the commonwealth's match to federal capitalization grants pursuant to section 3 of chapter 29C of the General Laws, and (b) the Water Treatment Facilities Revolving Fund established pursuant to section 20 of chapter 275 of the acts of 1989 or any successor fund established for the purpose of creating a safe drinking water revolving fund program, so-called; provided, however, that $7,600,000 of the amount transferred herein shall be transferred to said Water Pollution Abatement Revolving Fund as the state match for federal capitalization grants received under Title VI of the Federal Clean Water Act for application by the Water Pollution Abatement Trust to the purposes specified in said chapter 29C; provided further, that $12,600,000 of the amount transferred herein shall be transferred to said Water Treatment Facilities Revolving Fund, or any successor fund established for the purpose of creating a safe drinking water revolving fund program as the state matching requirements for federal capitalization grants under Title XIV of the Federal Public Health Service Act, commonly known as the Safe Drinking Water Act, 42 USC 300f et seq., as amended, for application by the Water Pollution Abatement Trust.

SECTION 107. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established on the books of the commonwealth the Capital Investment Trust Fund, the sole purpose of which shall be to fund items appropriated in section 2E of this act. The comptroller is hereby authorized and directed to transfer to said fund, effective June 30, 1997, $229,800,000 from the General Fund. Said fund shall be established as a separate expendable trust, subject to the control of the secretary of administration and finance, who shall serve as the trustee of said fund. Said fund shall expire on June 30, 1999 and any unexpended balance in said fund at said time shall be transferred to the Commonwealth Stabilization Fund established pursuant to section 2H of chapter 29 of the General Laws. Said fund may be credited with other appropriations, grants, gifts, or other contributions explicitly made to said fund. Income derived from the investment of amounts credited to said fund shall be credited to said Commonwealth Stabilization Fund.

SECTION 108. Notwithstanding the provisions of sections 2H, 2I, 5, 5B and 5C of chapter 29 and section 6 of chapter 29B of the General Laws or any other provisions of general or special law to the contrary, the treasurer is hereby authorized and directed to credit and transfer not less than $100,000,000 from the General Fund to the Commonwealth Stabilization Fund as of June 30, 1997. Nothing contained herein shall prohibit the transfer of further 1997 revenue from the General Fund to the Commonwealth Stabilization Fund pursuant to the statutory plan contained in said sections 2H, 2I, 5, 5B and 5C of said chapter 29 and said section 6 of said chapter 29B.

SECTION 109. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer, as of June 30, 1997, the sum of $128,000,000 from the General Fund to the Caseload Increase Mitigation Fund established by section 2NN of chapter 29 of the General Laws, said sum representing the commonwealth's unanticipated federal revenue increase attributable to the provisions of federal welfare reform, so-called.

SECTION 110. Notwithstanding the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, the commissioner of environmental management is hereby authorized to enter into lease agreements for the placement of communications antennas on buildings, communications towers, and properties under the control of said department of environmental management, on such terms and conditions as said commissioner deems appropriate. Said agreements may include, without limitation, provisions for access to buildings, communications towers, and properties and for placement and use of ancillary equipment, facilities, and fixtures. Said agreements shall have a maximum duration, including extensions, of 15 years. The lease rate paid for any agreement entered into pursuant to this section shall be for the full and fair market value. Any such antenna installations must comply with all applicable federal, state, and local laws, regulations, and ordinances and shall be subject to a public hearing in a municipality in which said antennas are proposed to be located. Said public hearing shall be advertised in a newspaper of general circulation in said municipality not less than 30 days prior to said public hearing.

The chief executive authority in any such municipality may appeal to the secretary of administration and finance a decision by said commissioner of said department of environmental management to enter into a lease agreement for the placement of such communication antennas in said municipality. Said secretary shall render a decision on any such appeal within 60 days after receipt of said appeal.

Said commissioner of the department of environmental management shall, 30 days before the execution of any agreement authorized by this section, submit the agreement to the inspector general for his review and comment. The inspector general may review any agreement and shall report any such findings to the commissioner within 15 days of receipt. The commissioner shall submit the agreement and the comments of the inspector general, if any, to the house and senate committees on ways and means and state administration at least 15 days prior to execution of any such agreement. Said commissioner shall also submit a written report specifically determining: that the agreement is in the public interest; that the lease payments received by the commonwealth are for the full and fair market value; that any activities authorized by the agreement will not interfere with the commonwealth's current and anticipated future use of the building, tower, or property; and that the activities authorized by the agreement will not change the essential character of the building or property.

Revenues received from any agreement authorized by this section shall be deposited in the Second Century Fund established pursuant to section 2EE of chapter 29 of the General Laws.

SECTION 111. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, a nursing home (i) located in the city of Springfield; (ii) in receipt of a determination of need project application approval by the commissioner of public health and the public health council acting as the department of public health during November of 1984 that was amended during August of 1990; and (iii) which commenced operations in 1988 pursuant to the determination of need project application approval described in clause (ii) shall have established as its maximum capital expenditure the amount of $6,924,043.

SECTION 112.

N.B. -- This section was vetoed by the Acting Governor and has NOT been signed into law.

Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the city of Medford, the town of Winchester, the city of Woburn, the city of Revere, the town of Arlington, the city of Malden, the city of Lynn, the city of Waltham, the town of Lincoln, and the town of Lexington shall remain in area code 617.

SECTION 113. Notwithstanding the provisions of any general or special law to the contrary, including the provisions of section 3 of chapter 151 of the acts of 1997, an additional $20,000,000 in revenues derived from the state lottery shall be distributed to the cities and towns as "additional lottery revenues" in accordance with the schedule listed below. After the final reconciliation of lottery revenues, as certified in the comptroller's annual financial report for fiscal year 1997, if actual State Lottery Fund revenue growth for said fiscal year exceeds the $20,000,000 additional lottery revenues distributed pursuant to this section, the excess shall be carried forward into fiscal year 1998 and final adjustments of lottery distribution to cities and towns shall be made by the state treasurer without further appropriation by adjusting the second quarterly payment of said fiscal year 1998 to distribute said excess through the lottery formula, so-called. If actual State Lottery Fund revenue growth falls short of the $20,000,000 distributed to cities and towns pursuant to this section, final adjustments of lottery distributions to cities and towns shall be made by the state treasurer by decreasing the second quarterly payment of fiscal year 1998 to recover the shortfall in accordance with said formula. The treasurer shall notify the house and senate committees on ways and means and the secretary of administration and finance of any such adjustments by December 31, 1997.

MUNICIPALITY AMOUNT
ABINGTON 51,392
ACTON 37,580
ACUSHNET 39,682
ADAMS 45,051
AGAWAM 93,978
ALFORD 319
AMESBURY 53,250
AMHERST 212,231
ANDOVER 59,468
ARLINGTON 113,733
ASHBURNHAM 21,811
ASHBY 12,325
ASHFIELD 4,443
ASHLAND 34,255
ATHOL 64,945
ATTLEBORO 153,406
AUBURN 43,648
AVON 9,169
AYER 17,847
BARNSTABLE 62,953
BARRE 21,905
BECKET 2,050
BEDFORD 22,006
BELCHERTOWN 40,391
BELLINGHAM 42,157
BELMONT 46,630
BERKLEY 18,763
BERLIN 5,806
BERNARDSTON 6,194
BEVERLY 110,990
BILLERICA 120,698
BLACKSTONE 36,150
BLANDFORD 3,152
BOLTON 6,204
BOSTON 1,737,071
BOURNE 33,770
BOXBOROUGH 8,037
BOXFORD 12,522
BOYLSTON 8,767
BRAINTREE 82,775
BREWSTER 13,247
BRIDGEWATER 95,697
BRIMFIELD 10,974
BROCKTON 432,351
BROOKFIELD 14,126
BROOKLINE 102,780
BUCKLAND 7,624
BURLINGTON 45,846
CAMBRIDGE 223,785
CANTON 40,370
CARLISLE 7,084
CARVER 45,788
CHARLEMONT 4,000
CHARLTON 43,936
CHATHAM 4,263
CHELMSFORD 93,050
CHELSEA 126,955
CHESHIRE 13,832
CHESTER 4,381
CHESTERFIELD 2,697
CHICOPEE 242,506
CHILMARK 126
CLARKSBURG 8,471
CLINTON 55,017
COHASSET 11,898
COLRAIN 5,896
CONCORD 27,156
CONWAY 4,542
CUMMINGTON 2,056
DALTON 26,773
DANVERS 50,120
DARTMOUTH 67,937
DEDHAM 55,341
DEERFIELD 14,859
DENNIS 15,227
DIGHTON 17,116
DOUGLAS 23,309
DOVER 6,269
DRACUT 106,129
DUDLEY 38,791
DUNSTABLE 6,063
DUXBURY 28,503
EAST BRIDGEWATER 40,478
EAST BROOKFIELD 6,497
EAST LONGMEADOW 36,282
EASTHAM 4,228
EASTHAMPTON 63,026
EASTON 65,416
EDGARTOWN 1,504
EGREMONT 1,561
ERVING 1,978
ESSEX 7,102
EVERETT 92,376
FAIRHAVEN 51,720
FALL RIVER 501,103
FALMOUTH 39,615
FITCHBURG 177,923
FLORIDA 1,963
FOXBOROUGH 39,267
FRAMINGHAM 186,121
FRANKLIN 73,575
FREETOWN 25,703
GARDNER 108,300
GAY HEAD 45
GEORGETOWN 20,262
GILL 5,926
GLOUCESTER 71,921
GOSHEN 2,007
GOSNOLD 17
GRAFTON 46,120
GRANBY 20,780
GRANVILLE 4,576
GREAT BARRINGTON 18,950
GREENFIELD 74,359
GROTON 23,038
GROVELAND 17,945
HADLEY 9,193
HALIFAX 27,336
HAMILTON 17,562
HAMPDEN 14,662
HANCOCK 914
HANOVER 29,152
HANSON 32,789
HARDWICK 8,576
HARVARD 45,725
HARWICH 12,818
HATFIELD 7,874
HAVERHILL 219,072
HAWLEY 616
HEATH 2,445
HINGHAM 36,776
HINSDALE 6,262
HOLBROOK 39,523
HOLDEN 46,301
HOLLAND 5,496
HOLLISTON 34,464
HOLYOKE 206,740
HOPEDALE 20,722
HOPKINTON 21,473
HUBBARDSTON 11,922
HUDSON 54,392
HULL 31,476
HUNTINGTON 9,325
IPSWICH 28,493
KINGSTON 27,694
LAKEVILLE 22,213
LANCASTER 24,250
LANESBOROUGH 7,198
LAWRENCE 517,880
LEE 14,920
LEICESTER 42,027
LENOX 9,995
LEOMINSTER 145,336
LEVERETT 5,016
LEXINGTON 44,350
LEYDEN 2,349
LINCOLN 14,919
LITTLETON 16,126
LONGMEADOW 35,252
LOWELL 505,727
LUDLOW 72,321
LUNENBURG 29,894
LYNN 401,929
LYNNFIELD 21,056
MALDEN 211,208
MANCHESTER 6,529
MANSFIELD 51,094
MARBLEHEAD 35,588
MARION 6,555
MARLBOROUGH 90,234
MARSHFIELD 58,091
MASHPEE 11,521
MATTAPOISETT 10,022
MAYNARD 32,044
MEDFIELD 25,170
MEDFORD 179,227
MEDWAY 32,611
MELROSE 80,194
MENDON 12,766
MERRIMAC 21,842
METHUEN 146,443
MIDDLEBOROUGH 67,275
MIDDLEFIELD 1,042
MIDDLETON 9,493
MILFORD 80,304
MILLBURY 45,633
MILLIS 24,075
MILLVILLE 10,459
MILTON 66,068
MONROE 82
MONSON 31,022
MONTAGUE 30,520
MONTEREY 699
MONTGOMERY 2,203
MOUNT WASHINGTON 128
NAHANT 8,018
NANTUCKET 2,377
NATICK 69,301
NEEDHAM 45,636
NEW ASHFORD 282
NEW BEDFORD 514,211
NEW BRAINTREE 3,367
NEW MARLBOROUGH 1,144
NEW SALEM 2,028
NEWBURY 14,771
NEWBURYPORT 42,758
NEWTON 148,600
NORFOLK 32,992
NORTH ADAMS 93,850
NORTH ANDOVER 59,320
NORTH ATTLEBOROUGH 87,144
NORTH BROOKFIELD 20,183
NORTH READING 30,200
NORTHAMPTON 95,092
NORTHBOROUGH 30,943
NORTHBRIDGE 57,797
NORTHFIELD 10,248
NORTON 55,949
NORWELL 17,617
NORWOOD 69,174
OAK BLUFFS 2,240
OAKHAM 5,222
ORANGE 40,028
ORLEANS 5,030
OTIS 840
OXFORD 57,145
PALMER 45,225
PAXTON 12,339
PEABODY 136,092
PELHAM 4,191
PEMBROKE 46,970
PEPPERELL 39,033
PERU 3,390
PETERSHAM 2,611
PHILLIPSTON 5,241
PITTSFIELD 182,779
PLAINFIELD 1,113
PLAINVILLE 22,390
PLYMOUTH 123,040
PLYMPTON 7,267
PRINCETON 9,110
PROVINCETOWN 3,765
QUINCY 269,135
RANDOLPH 104,553
RAYNHAM 29,731
READING 58,549
REHOBOTH 24,403
REVERE 166,586
RICHMOND 2,806
ROCHESTER 11,204
ROCKLAND 58,533
ROCKPORT 14,825
ROWE 172
ROWLEY 14,419
ROYALSTON 3,757
RUSSELL 6,058
RUTLAND 21,267
SALEM 111,936
SALISBURY 15,896
SANDISFIELD 766
SANDWICH 36,370
SAUGUS 67,140
SAVOY 2,789
SCITUATE 36,204
SEEKONK 28,827
SHARON 39,440
SHEFFIELD 6,036
SHELBURNE 5,415
SHERBORN 5,523
SHIRLEY 36,495
SHREWSBURY 67,386
SHUTESBURY 4,749
SOMERSET 37,304
SOMERVILLE 285,553
SOUTH HADLEY 62,740
SOUTHAMPTON 15,504
SOUTHBOROUGH 12,191
SOUTHBRIDGE 77,332
SOUTHWICK 27,501
SPENCER 48,869
SPRINGFIELD 810,184
STERLING 19,390
STOCKBRIDGE 2,510
STONEHAM 60,880
STOUGHTON 89,832
STOW 12,385
STURBRIDGE 22,248
SUDBURY 24,677
SUNDERLAND 13,251
SUTTON 22,711
SWAMPSCOTT 29,160
SWANSEA 46,310
TAUNTON 216,888
TEMPLETON 30,263
TEWKSBURY 83,061
TISBURY 2,568
TOLLAND 152
TOPSFIELD 11,974
TOWNSEND 34,693
TRURO 797
TYNGSBOROUGH 30,835
TYRINGHAM 291
UPTON 13,623
UXBRIDGE 43,501
WAKEFIELD 66,347
WALES 6,993
WALPOLE 52,703
WALTHAM 139,136
WARE 40,742
WAREHAM 56,429
WARREN 18,677
WARWICK 1,721
WASHINGTON 1,827
WATERTOWN 77,170
WAYLAND 19,347
WEBSTER 63,047
WELLESLEY 37,913
WELLFLEET 1,765
WENDELL 3,425
WENHAM 9,985
WEST BOYLSTON 18,268
WEST BRIDGEWATER 14,680
WEST BROOKFIELD 11,864
WEST NEWBURY 8,949
WEST SPRINGFIELD 78,601
WEST STOCKBRIDGE 2,747
WEST TISBURY 1,072
WESTBOROUGH 29,653
WESTFIELD 148,579
WESTFORD 42,900
WESTHAMPTON 4,065
WESTMINSTER 17,639
WESTON 10,405
WESTPORT 30,217
WESTWOOD 21,587
WEYMOUTH 187,293
WHATELY 2,809
WHITMAN 56,689
WILBRAHAM 31,594
WILLIAMSBURG 7,869
WILLIAMSTOWN 21,596
WILMINGTON 40,399
WINCHENDON 44,072
WINCHESTER 35,429
WINDSOR 2,274
WINTHROP 64,839
WOBURN 82,002
WORCESTER 809,635
WORTHINGTON 3,090
WRENTHAM 29,459
YARMOUTH 35,495

SECTION 113A. Notwithstanding the provisions of any general or special law to the contrary, the town of Southbridge is hereby authorized to expend the remaining balances in item 3722-9020 of section 2 of chapter 748 of the acts of 1987 and item 3722-9110 of section 2 of chapter 749 of the acts of 1987 for the following infrastructure improvements to the Hamilton Mills site, so-called, consistent with the recovery from the fire of April 16, 1987; installation of a water line, a sewer line and lift station; construction of a new entranceway from Main street; demolition of a certain three-story brick building designated IE on a site plan prepared by Earth Tech and dated November 20, 1996 and facade improvements to buildings designated 2E and 10E on said site plan, with the consent of the present owners of said buildings; paving of the area indicated on the site plan prepared by Earth Tech and dated November 20, 1996; and landscaping within the 30 feet front setback and 20 feet side setback within 60 feet of Main street to screen the site; provided, that Southbridge shall present plans for execution of said infrastructure improvements to the executive office for administration and finance for review; and provided further, that any outstanding balances from such funds shall be returned to the commonwealth.

SECTION 114. Sections 2 to 2E, inclusive, sections 4 to 11, inclusive, sections 41 and 42, sections 46 to 62, inclusive, sections 90 and 91, sections 93, 95 to 97, inclusive, sections 105 to 109, inclusive, and section 113 shall take effect as of June 30, 1997. Sections 30 and 31 shall take effect on September 28, 1997. Sections 87 and 88 shall take effect as of July 11, 1997. Section 23 shall take effect as of September 1, 1990 and shall expire on July 1, 1999. The remainder of this bill shall take effect as of July 1, 1997.

Approved August 29, 1997.