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  • Acts
  • 2006
  • Chapter 192 AN ACT MAKING APPROPRIATIONS FOR FISCAL YEAR 2006 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 forthwith to make appropriations for the fiscal year beginning July 1, 2005, and to make certain changes in law, 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 2006, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts and subject to laws regulating the disbursement of public funds.
Notwithstanding any general or special law to the contrary, appropriations made in this act shall not revert and shall be available for expenditure until June 30, 2007. The sums in said section 2 shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

JUDICIARY.
Committee for Public Counsel Services.

0321-1510......................................................... $24,616,630
0321-1520.......................................................... $3,075,487

Middlesex District Attorney.

0340-0201............................................................. $14,102

Eastern District Attorney.

0340-0301............................................................. $17,322

Hampden District Attorney.

0340-0501............................................................. $29,660

Berkshire District Attorney.

0340-1100............................................................ $150,000
0340-1101............................................................. $12,100

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Department of Veterans' Services.

1410-0010 ............................................................ $25,000

Division of Human Resources.

1750-0111 ............................................................ $80,000

Department of Mental Health.

5911-1000.......................................................... $1,500,000
5920-1000.......................................................... $1,182,400
5930-1000............................................................ $700,800

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT.
Department of Housing and Community Development.

7004-9005......................................................... $10,748,698
7007-0900............................................................ $200,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.
Office of the Secretary.

8000-0010 . .......................................................... $40,000
8000-0040.......................................................... $2,140,112

Military Division.

8700-0001............................................................ $675,000

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 in this section are hereby appropriated from the General Fund unless specifically designated otherwise, for the several purposes and subject to the conditions specified in this section, and subject to laws regulating the disbursement of public funds. Notwithstanding any general or special law to the contrary, appropriations made in this section shall not revert and shall be available for expenditure until June 30, 2007. The sums shall be in addition to any amounts previously appropriated and made available for the purposes of these items.

JUDICIARY.
Committee for Public Counsel Services.

0321-1513
For additional costs of the public defender division pursuant to sections 5 and 7 of chapter 54 of the acts of 2005; provided, that no funds from this appropriation shall support existing costs associated with line item 0321-1500 .............................. $4,560,649

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Reserves.

The Governor disapproved the following item [for message, see House, No. 5210]
The Legislature overrode the Governor's veto.

1599-1975
For a reserve for the Massachusetts Turnpike Authority to be used solely to restore and develop Parcels 6, 12 and 18 to be used exclusively by nonprofit entities and as identified in the Central Artery Tunnel Project Joint Development Protocol for Surface Parcels dated June 26, 2003 along the Rose Fitzgerald Kennedy Greenway in the City of Boston, provided however, that not less than $16 million of this amount shall be used solely for decking and the development of Parcel 6 $31,000,000

1599-4080
For a reserve to meet the fiscal year 2007 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, and to meet the fiscal year 2007 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so-called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2007 such amounts as are necessary to meet said costs 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.................... $2,504,177

The Governor disapproved the following item [for message, see House, No. 5210]
The Legislature overrode the Governor's veto.

1599-4131
For a reserve for the payment of a portion of the salary adjustments and other economic items provided for in various collective bargaining agreements negotiated between the board of trustees of the University of Massachusetts and: the Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA; the Professional Staff Union, Local 509, Service Employees International Union, AFL-CIO/CLC; the University Staff Association/Massachusetts Teachers Association/NEA; the International Brotherhood of Police Officer, Local 432, Units A and B; the International Brotherhood of Teamsters, Local 25 (two units); the University of Massachusetts and the International Brotherhood of Police Officers, Local 399; the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 507; the National Association of Government Employees, Local 245; the American Federation of Teachers, Local 1895, AFL-CIO, Faculty Federation; the American Federation of Teachers, Local 1895, AFL-CIO, Educational Services; International Association of Police Officers, Local 399; the Massachusetts Society of Professors/Lowell; the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 1776; the Graduate Employee Organization, Local 2322, UAW; the Service Employees' International Union, Local 509, Unit B; the Service Employees' International Union, Local 254, AFL-CIO, CLC, Clerical-Technical Unit; the Service Employees' International Union, Local 254, AFL-CIO, CLC, Professional/Mid-Management Unit; the National Association of Government Employees; the Graduate Employee Organization, Local 1596, UAW; the Graduate Employee Organization Boston, Local 1596, UAW; provided, that said payments shall fund the fiscal year 2002 payments associated with salary adjustments and other economic items provided for in the collective bargaining agreements; provided further, that, not later than ninety days from the effective date of this act employees covered by the terms of the collective bargaining agreements listed in this item shall be paid a lump sum amount equal to the difference between (a) the salary specified in the relevant agreement and (b) the salary each received, for the period July 1, 2001 through July 6, 2002; provided, further, that employees covered by the terms of the collective bargaining agreements listed in this item shall, subject to appropriation in fiscal year two thousand and seven and thereafter, continue to be paid salaries in effect for fiscal year 2002 until the parties to said collective bargaining agreements reach agreement or lawful impasse in negotiations for successor agreements; provided, further, that the president of the University of Massachusetts shall expend these funds for such salary adjustments and other economic items in accordance with the provisions herein and the terms of the collective bargaining agreements listed in this item; provided further, that funds appropriated in this item shall be transferred by the comptroller to the University based upon a schedule submitted by the president of the University of Massachusetts; provided further, that any requirement that the employer shall submit to the general court a request for an appropriation necessary to fund cost items in a collective bargaining agreement shall not apply to the funding for salary adjustments and other economic items set forth in this item for the collective bargaining agreements listed in this item, notwithstanding the provisions of chapter 150E of the General Laws, including subsection (c) of section 7 of said chapter 150E or any other general or special law to the contrary nor the expiration of any collective bargaining agreement and any contractual requirements relative to allocation of appropriations which would interfere with or impede the payment of salary adjustments and other economic items provided for in this item for the collective bargaining agreements listed in this item and shall not apply to the payment of such salary adjustments and other economic items, notwithstanding the expiration of any collective bargaining agreement; provided further, that notwithstanding the provisions of chapter 150E of the General Laws or any other general or special law to the contrary, appropriation or expenditure of funds in this item shall not constitute or create an obligation for the commonwealth or any institutions of public higher education to provide any other salary adjustments or economic benefits associated with any fiscal year prior to fiscal year 2002, as otherwise provided in such collective bargaining agreements............................................ $14,575,687

The Governor disapproved the following item [for message, see House, No. 5210]
The Legislature overrode the Governor's veto.

1599-4133
For a reserve for the payment of a portion of the salary adjustments and other economic items provided for in various collective bargaining agreements negotiated between the board of higher education and: the Association of Professional Administrators; and the American Federation of State, County and Municipal Employees, Council 93, Local 1067, AFL-CIO; provided, that the payments shall fund the fiscal year 2002 payments associated with salary adjustments and other economic items provided for in such collective bargaining agreements; provided further, that, no later than 30 days from the effective date of this act employees covered by the collective bargaining agreements listed in this item shall be paid a lump sum amount equal to the difference between: (a) the salary specified in the relevant agreement; and (b) the salary each received for the period from July 1, 2001 through June 30, 2002; provided further, that employees covered by the collective bargaining agreements in this item shall, subject to appropriation in fiscal year 2007 and thereafter, continue to be paid salaries in effect for fiscal year 2002 until the parties to the collective bargaining agreements reach agreement or lawful impasse in negotiations for successor agreements; provided further, that the chancellor of higher education shall expend these funds for such salary adjustments and other economic items in accordance with this item and the terms of the collective bargaining agreements in this item; provided further, that funds appropriated in this item shall be transferred by the comptroller to the board of higher education based upon a schedule submitted by the chancellor of higher education; provided further, that any requirement that the employer shall submit to the general court a request for an appropriation necessary to fund cost items in a collective bargaining agreement shall not apply to the funding for salary adjustments set forth in this item for the collective bargaining agreements in this item, notwithstanding chapter 150E of the General Laws, including subsection (c) of section 7 of said chapter 150E, or any other general or special law to the contrary or the expiration of any collective bargaining agreement and any contractual requirements relative to allocation of appropriations which would interfere with or impede the payment of salary adjustments and other economic items provided for in this item for the collective bargaining agreements listed in this item and shall not apply to the payment of such salary adjustments and other economic items, notwithstanding the expiration of any collective bargaining agreement; provided further, that notwithstanding said chapter 150E or any other general or special law to the contrary, appropriation or expenditure of funds in this item shall not constitute or create an obligation for the commonwealth or any institution of public higher education to provide any other salary adjustments or economic benefits associated with any fiscal year prior to or other than fiscal year 2002, as otherwise provided in such collective bargaining agreement.............................................. $5,764,199

1599-4202
For a reserve to meet the fiscal year 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the American Federation of State, County and Municipal Employees, SEIU, Unit 2, and to meet the fiscal year 2007 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2007 such amounts as are necessary to meet said costs 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......... $18,642,595

1599-4203
For a reserve to meet the fiscal year 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the International Brotherhood of Correctional Officers, National Association of Government Employees, Unit 4A, and to meet the fiscal year 2007 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2007 such amounts as are necessary to meet said costs 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............................. $281,356

1599-4204
For a reserve to meet the fiscal year 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the State Police Association of Massachusetts, and to meet the fiscal year 2006 and 2007 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 and 2007 such amounts as are necessary to meet said costs 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...................................................... $49,303,804

1599-4205
For a reserve to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Professional Staff Union/Massachusetts Teachers Association/NEA at the Amherst and Boston campuses, and to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 and 2007 such amounts as are necessary to meet said costs 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 $6,797,183

1599-4206
For a reserve to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Professional Staff Union/Massachusetts Teachers Association/NEA, Unit B at the Amherst campus, and to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 and 2007 such amounts as are necessary to meet said costs 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 $94,996

1599-4207
For a reserve to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the American Federation of State, County and Municipal Employees, AFL-CIO, Local 507 at the Dartmouth campus, and to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 and 2007 such amounts as are necessary to meet said costs 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............................. $552,012

1599-4208
For a reserve to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Federation of Maintenance and Custodial Employees, MFT, AFT, AFL-CIO at the Dartmouth campus, and to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 and 2007 such amounts as are necessary to meet said costs 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 $267,022

1599-4209
For a reserve to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the American Federation of Teachers, Local 1895, AFL-CIO, Educational Services Unit at the Dartmouth campus, and to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 and 2007 such amounts as are necessary to meet said costs 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............................. $939,082

1599-4210
For a reserve to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the American Federation of State, County and Municipal Employees, AFL-CIO, Local 1776 at the Amherst campus, and to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 and 2007 such amounts as are necessary to meet said costs 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........................... $1,344,343

1599-4211
For a reserve to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Service Employees International Union, Local 888 at the Lowell campus, and to meet the fiscal year 2005, 2006 and 2007 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 and 2007 such amounts as are necessary to meet said costs 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.......... $2,071,538

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Massachusetts Commission for the Deaf and Hard of Hearing.

4125-0102
For the costs associated with providing interpreter services for the deaf and hard of hearing at State House public hearings and events; provided, that the commission shall be responsible for providing interpreters at all public hearings and events that they consider necessary; and provided further, that the commission shall establish and maintain a dedicated phone line that allows the public to inform the commission of upcoming hearings......................................... $12,000

SECTION 2C.I. For the purpose of making available in fiscal year 2007 balances of appropriations which otherwise would revert on June 30, 2006, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, and the unexpended balance of all appropriations in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 45 of the acts of 2005; provided, however, that for items which do not appear in said section 2 of said chapter 45, 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 chapter 45; provided, however, that for items which do not appear in said section 2 of said chapter 45, the amounts in this section are re-appropriated from the funds designated for the corresponding item in said 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. All amounts appropriated in said section 2 and 2A of this act shall be available for expenditure in fiscal year 2007.

Economic Development.
Department of Workforce Development.

7002-0012.. ....................................................... $3,800,000

The Governor disapproved the following item [for message, see House, No. 5210]
The Legislature overrode the Governor's veto.

7003-0605 ........................................................... $706,666
7003-0803.. ....................................................... $2,000,000

Department of Business and Technology.

7007-1300............................................................ $935,000

Department of Education.

The Governor reduced the following item [for message, see House, No. 5210]
The Legislature overrode the Governor's veto.

7027-0016.......................................................... $2,600,000

The Governor disapproved the following item [for message, see House, No. 5210]
The Legislature overrode the Governor's veto.

7027-0019.......................................................... $3,000,000
7035-0002.......................................................... $3,000,000

The Governor disapproved the following item [for message, see House, No. 5210]
The Legislature overrode the Governor's veto.

7035-0004............................................................. $66,000

SECTION 2C.II. For the purpose of making available in fiscal year 2007 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2006, 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 chapter 45 of the acts of 2005; provided, however, that for items which do not appear in said section 2 or 2B of said chapter 45, 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 chapter 45; provided, however, that for items which do not appear in said section 2 or 2B of said chapter 45, 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 HEALTH AND HUMAN SERVICES
Department of Transitional Assistance.

4401-1100......................................................... $17,000,000

The Governor disapproved the following item [for message, see House, No. 5210]
SECTION 2 1/2.
Section 1A of chapter 15D of the General Laws, inserted by chapter ___ of the acts of 2006, is hereby amended by striking out the definition of “Placement agency” and inserting in place thereof the following definition:-
“Placement agency”, a department, agency or institution of the commonwealth, or any political subdivision thereof, or a person who provides custodial care and social services to children and who receives, by agreement with a parent or guardian, by contract with a state agency or as a result of referral by a court of competent jurisdiction, any child under 18 years of age, for placement in family foster care or a group care facility, or for adoption.

The Governor disapproved the following item [for message, see House, No. 5210]
The Legislature overrode the Governor's veto.
SECTION 2 3/4. Subsection (b) of section 19L of chapter 90 of the General Laws, inserted by chapter 120 of the acts of 2006, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Municipal police officers or municipal police departments shall not conduct terminal audits.

The Governor disapproved the following item [for message, see House, No. 5210]
The Legislature overrode the Governor's veto.
SECTION 3. Item 1599-4124 of section 2A of chapter 6 of the acts of 2005 is hereby amended by striking out the words “July 6, 2003” and inserting in place thereof the following words:- July 1, 2003.

SECTION 4. Item 0340-1100 of section 2 of chapter 45 of the acts of 2005 is hereby amended by adding the following words:— ; and provided further, that $150,000 shall be expended for the operation and management of the Berkshire County Drug Task Force.

SECTION 5. Item 1410-0010 of said section 2 of said chapter 45 is hereby amended by adding the following words:— ; provided further, that not less than $25,000 shall be provided for the Massachusetts Commission on Veterans’ Employment Opportunities.

The Governor returned the following section with recommendation of amendment [for message, see House, No. 5242]
SECTION 6. Item 7004-9005 of said section 2 of said chapter 45 is hereby amended by inserting after the words “appropriated in this item” the following words:— ; provided further, that $7,748,698 shall be expended for funds owed to local housing authorities for prior operating subsidy deficiencies; provided further, the department of housing and community development shall not expend less than $3,000,000 of the funds appropriated herein to increase by 6 per cent the department’s allowable non-utility expense levels on all housing authority budgets for elderly and family public housing effective July 1, 2005.

SECTION 7. Said section 2 of said chapter 45 is hereby further amended by striking out item 7006-1000 and inserting in place thereof the following item:—

7006-1000
For the operation of the division of energy resources............................ $1,041,404


SECTION 8. Said section 2 of said chapter 45 is hereby further amended by inserting after item 7006-1001 the following item:—

7006-1003
For the operation of the division of energy resources; provided, that notwithstanding any general or special law to the contrary, the amount assessed under section 11H of chapter 25A of the General Laws shall be equal to the amount expended from this item.............. $400,000


SECTION 9. Item 7007-0900 of said section 2 of said chapter 45 is hereby amended by adding the following words:— ; provided further, that not less than $200,000 shall be provided for the Basketball Hall of Fame in Springfield.

SECTION 10. Item 1599-2005 of section 2A of chapter 81 of the acts of 2005 is hereby amended by adding the following words:— ; provided further, that in addition to said purposes, funds may be used to meet the costs associated with the flood emergency beginning on May 14, 2006; provided further, that said costs may include costs to state agencies, the match required for Federal Emergency Management Agency reimbursement, and any other monies deemed necessary for flood relief; and provided further, that the funds appropriated herein shall be made available until June 30, 2007.

SECTION 11. Subsection (b) of section 16 of chapter 106 of the acts of 2005 is hereby amended by striking out the words, "Commonwealth Stabilization Fund established in section 2H of said chapter 29" and inserting in place thereof the following words:- General Fund.

SECTION 12. Item 7004-0097 of section 2E of chapter 122 of the acts of 2006 is hereby amended by striking out the words “provided further, that not less than $2,000,000 shall be expended for the purpose of expanding the groundwater monitoring system in the city of Boston” and inserting in place thereof the following words:— provided further, that not less than $2,000,000 is to be appropriated to the City of Boston for a demonstration project to attempt to increase groundwater levels in a section of the City adjacent to the Southwest Corridor, with all phases of the design and implementation of the project to be overseen by the Boston Groundwater Trust; provided further, that such funds are to be expended with the advance agreement of the Boston Groundwater Trust and in consultation with, among others, the Massachusetts Bay Transportation Authority; provided further, that in undertaking management of the demonstration project, neither the City of Boston nor the Boston Groundwater Trust assume any liability for the cause of the low groundwater levels in this area, and nor does the success or failure of the project change any potentially responsible party’s accountability for the creation of the low groundwater problem.

SECTION 13. Said item 7004-0097 of said section 2E of said chapter 122 is hereby further amended by adding the following words:- ; and provided further, that $200,000 shall be expended for the Central Square theater project in the city of Cambridge.

The Governor returned the following section with recommendation of amendment [for message, see House, No. 5242]
SECTION 14.
Clause (3) of subsection (a) of section 95 of chapter 139 of the acts of 2006 is hereby amended by adding the following words:- provided further, that a community health center which provides twenty-four hour emergency services, a Program of All-Inclusive Care for the Elderly (PACE program) and a 340B pharmacy program and provides essential services to underserved communities shall be awarded not less than the level of funding it was awarded in the previous fiscal year pursuant to section 31 of chapter 45 of the Acts of 2005.

The Governor returned the following section with recommendation of amendment [for message, see House, No. 5242]
SECTION 15. Employees covered by the terms of the collective bargaining agreements in item 1599-4131 of section 2A who, after July 7, 2002, retired or otherwise terminated employment, or the beneficiary of such an employee who died after July 7, 2002, shall be paid, not later than 30 days after the effective date of this act, a lump sum amount equal to the difference between: (a) the salary specified in the relevant agreement; and (b) the salary each received for the time they were employed during the period July 1, 2001 through July 6, 2002; provided, however, that notwithstanding chapter 32 of the General Laws, the amount of the retirement allowance paid under said chapter 32 to an employee who prior to retirement was covered by the terms of the collective bargaining agreements in said items 1599-4131 of said section 2A and who retired after July 7, 2002, shall be calculated as though the employee's regular compensation for any period of employment from July 1, 2001 through July 6, 2002 had been received by the employee in accordance with such agreement and appropriate retirement deductions withheld. Appropriate adjustments shall be made to an employee's retirement allowance, including payments retroactive to the effective date of retirement.

Employees covered by the terms of the collective bargaining agreements in item 1599-4133 of section 2A who, after July 1, 2002, retired or otherwise terminated employment, or the beneficiary of such an employee who died after July 1, 2002, shall be paid, not later than 30 days after the effective date of this act, a lump sum amount equal to the difference between: (a) the salary specified in the relevant agreement; and (b) the salary each received for the time they were employed during the period July 1, 2001 through June 30, 2002; provided, however, that notwithstanding chapter 32 of the General Laws, the amount of the retirement allowance paid under said chapter 32 to an employee who prior to retirement was covered by the terms of the collective bargaining agreements in said item 1599-4133 of said section 2A and who retired after June 30, 2002, shall be calculated as though the employee's regular compensation for any period of employment from July 1, 2001 through July 1, 2002 had been received by the employee in accordance with such agreement and appropriate retirement deductions withheld. Appropriate adjustments shall be made to an employee's retirement allowance, including payments retroactive to the effective date of retirement.

SECTION 16. In connection with the construction of a hospital or hospital related buildings only and, notwithstanding any general or special law or rule or regulation to the contrary, no height limit shall be imposed pursuant to the General Laws upon Parcel 6 in the Charlestown Navy Yard except for that promulgated under chapter 91 of the General Laws governing the height of new or expanded buildings for non-water dependent use as a function of separation from the Little Mystic and Main Channel, which shall be measured only from the project shoreline bordering said channels at the north by northeasterly end of said Parcel 6, provided however that the base of any building or buildings on said Parcel 6 shall be setback from 16th Street in accordance with the requirements of the Design Guidelines established in the Memorandum of Agreement dated June 1978 by and among the General Services Administration, the Advisory Counsel on Historic Preservation, the Massachusetts State Historic Preservation Officer and the Boston Redevelopment Authority, as that Memorandum of Agreement and Design Guidelines has, or may be amended from time to time; and provided further, that any portion of those buildings above the first 2 stories shall be further setback a minimum of an additional 25 feet; and provided further, that the secretary of environmental affairs has determined that the project, of which such construction is a part, adequately and properly complies with sections 61 to 62H, inclusive, of chapter 30 of the General Laws, and the Boston Redevelopment Authority has issued an adequacy determination for the project of which such construction is a part pursuant to article 80 of the Boston zoning code.

The Governor returned the following section with recommendation of amendment [for message, see House, No. 5242]
SECTION 17.
Notwithstanding any general or special law to the contrary, the withdrawal of water from Spot Pond reservoir by the town of Winchester under the Spot Pond Elevation Management Agreement between the town of Winchester and the Massachusetts Water Resources Authority dated October 27, 2002 shall be considered a water sharing agreement for the purposes of chapter 21G of the General Laws and as defined in 310 CMR 36.00. So long as the agreement remains in effect and the town of Winchester withdraws water from Spot Pond in compliance with this agreement, the withdrawal of water from Spot Pond shall not require registration or a permit under said chapter 21G.

Approved (in part) July 28, 2006.