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  • Acts
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  • Chapter 52 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2014 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS

      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 2014, 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 the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2014. These sums 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.

0321-1520
$8,000,000

Trial Court.

0321-2000
$53,000

DISTRICT ATTORNEYS

Worcester District Attorney.

0340-0400
$46,722

Hampden District Attorney.

0340-0500
$132,391

Bristol District Attorney.

0340-0900
$200,000
0340-0998
$250,000

Berkshire District Attorney.

0340-1198
$67,000

SECRETARY OF THE COMMONWEALTH

0521-0000
$310,901

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Group Insurance Commission.

1108-5200
$16,000,000

Reserves.

1599-0026
$500,000
1599-2013
$670,000
1599-3384
$2,500,000
1599-4444
$15,025,316
1599-7104
$2,500,000

Human Resources Division.

1750-0300
$1,766,344

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Department of Fish and Game.

2330-0100
$350,000
2330-0120
$100,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary.

4000-0005
$4,800,000

Department of Youth Services.

4200-0200
$3,030,853
4200-0300
$4,873,738

Department of Children and Families.

4800-0015
$1,650,000
4800-1100
$1,130,000

Department of Elder Affairs.

9110-1455
$1,019,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Office of the Secretary.

7002-0021
$2,000,000

Department of Housing and Community Development.

7004-0101
$32,746,306
7004-0103
$12,640,246
7004-0104
$200,000

Massachusetts Marketing Partnership.

7008-0900
$289,000

EXECUTIVE OFFICE OF EDUCATION

University of Massachusetts.

7100-0200
$50,000

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Career Services.

7002-0012
$1,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Chief Medical Examiner.

8000-0122
$150,000

SHERIFFS

Hampden Sheriff’s Office.

8910-0102
$762,570

Worcester Sheriff’s Office.

8910-0105
$383,000

Middlesex Sheriff’s Office.

8910-0107
$2,500,000

Franklin Sheriff’s Office.

8910-0108
$650,000

Berkshire Sheriff’s Office.

8910-0445
$50,000

Essex Sheriff’s Office.

8910-0619
$5,869,420

Barnstable Sheriff’s Office.

8910-8200
$2,500,000

Bristol Sheriff’s Office.

8910-8300
$6,500,000

Dukes Sheriff’s Department.

8910-8400
$265,000

Norfolk Sheriff’s Office.

8910-8600
$2,700,000

Plymouth Sheriff’s Office.

8910-8700
$5,000,000

Suffolk Sheriff’s Office.

8910-8800
$1,000,000

Hampshire Sheriff’s Office.

8910-0110
$686,000

     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 in this section, for the several purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2014. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary.

1599-0091
For a reserve to be administered by the executive office for administration and finance; provided, that not less than $150,000 shall be expended by the division of marine fisheries for investigations of invertebrate species and fisheries in coastal waters, including a ventless lobster trap survey employing the services of contracted fishing vessels
$150,000
1599-1206
For the salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Service Employees International Union, local 509, for family child care providers, effective for the purposes of section 7 of chapter 150E of the General Laws
$3,232,824
1599-4000
For a reserve to support community colleges that serve a critical role in creating opportunity for local communities of the highest need; provided, that not less than $3,000,000 shall be provided to Roxbury Community College
$5,000,000
1599-6901
For the fiscal year 2014 annualized costs of the human service provider salary increases funded in item 1599-6901 of section 2 of chapter 139 of the acts of 2012; provided, that the secretary of administration and finance may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2014 amounts that are necessary to meet these 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
$10,695,490

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Department of Public Health.

4516-1005
For the department of public health, which may expend not more than $120,000 generated by fees collected from providers or insurers for sexually-transmitted infections testing performed at the state laboratory institute; provided, that revenues collected may be used to supplement the costs of the laboratory; and provided further, that notwithstanding 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 lesser of this authorization or the most recent revenue estimate, as reported in the state accounting system
$120,000

Department of Mental Health.

5095-1016
For the department of mental health, which may expend not more than $500,000 in revenue collected from occupancy fees charged to the tenants of the state hospitals; provided, that all fees collected shall be expended to support the costs to sustain operations of the state hospital facilities; and, provided further, that notwithstanding 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 lesser of this authorization or the most recent revenue estimate, as reported in the state accounting system
$500,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Office of Business Development.

7007-0210
For the purpose of the Brownfields Redevelopment Fund established pursuant to section 29A of chapter 23G of the General Laws
$15,000,000

     SECTION 2E.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

CTF Transfer to the Mass Transportation Trust Fund.

1595-6368
$30,115,915

     SECTION 3.  The first paragraph of section 3 of chapter 38 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out clauses (13) to (19), inclusive, and inserting in place thereof the following 6 clauses:-
     (13)  death in any public or private conveyance;
     (14)  fetal death, as defined in section 202 of chapter 111, where the period of gestation has been 20 weeks or more or where fetal weight is 350 grams or more;
     (15)  death of children under the age of 18 years from any cause;
     (16)  any person found dead;
     (17)  death in an emergency treatment facility, medical walk-in center, child care center or under foster care; or
     (18)  deaths occurring under such other circumstances as the chief medical examiner shall prescribe in regulations promulgated pursuant to chapter 30A.
     SECTION 4.  Chapter 151F of the General Laws is hereby repealed.
     SECTION 5.  Section 23 of chapter 176O of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 3, the words “in real time” and inserting in place thereof the following words:- within 2 working days.
     SECTION 6.  Said section 23 of said chapter 176O, as so appearing, is hereby further amended by striking out the words “within 2 working days”, inserted by section 5, and inserting in place thereof the following words:- in real time.
     SECTION 7.  Section 3 of chapter 176Q of the General Laws, as so appearing, is hereby amended by adding the following clause:-
     (w)  to administer payments for additional required benefits in accordance with 42 U.S.C. section 18031(d)(3)(B).
     SECTION 8.  Sections 9, 17 and 18 of said chapter 176Q are hereby repealed.
     SECTION 9.  Section 9 of chapter 211B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 133, the word “court,” and inserting in place thereof the following words:- court; and
     (xxiv)  the authority to approve, upon the request of the court administrator, the court administrator’s application for and acceptance on behalf of the commonwealth of any funds, including grants, bequests, gifts or contributions, from any person which shall be deposited in a separate account and may be expended by the court administrator, without further appropriation, in accordance with chapter 29 and any rules or regulations promulgated thereunder.
     SECTION 10.  Section 9A of said chapter 211B, as so appearing, is hereby amended by striking out, in line 171, the word “court,” and inserting in place thereof the following words:- court; and
     (xxiv)  the authority, subject to the approval of the chief justice of the trial court, to apply for and accept on behalf of the commonwealth any funds, including grants, bequests, gifts or contributions, from any person which shall be deposited in a separate account and may be expended by the court administrator, without further appropriation, in accordance with chapter 29 and any rules or regulations promulgated thereunder.
     SECTION 11.  Section 11A of chapter 293 of the acts of 2006, as appearing in section 16 of chapter 129 of the acts of 2008, is hereby amended by striking out, in line 20, the figure “2” and inserting in place thereof the following figure:- 3.
     SECTION 12.  Item 1599-2013 of section 2A of chapter 142 of the acts of 2011 is hereby amended by inserting after the word “families”, inserted by section 28 of chapter 36 of the acts of 2013, the following words:- , and for costs of cases in which the department of developmental services is a defendant.
     SECTION 13.  The fourth sentence of section 73 of chapter 36 of the acts of 2013 is hereby amended by striking out the words “March 15, 2014” and inserting in place thereof the following words:- June 16, 2014.
     SECTION 14.  Item 0340-0400 of section 2 of chapter 38 of the acts of 2013 is hereby amended by inserting after the words “paid from this item” the following words:- ; provided further, that not less than $46,722 shall be expended on upgrades to extend the life of the computer systems at the Worcester district attorney’s office.
     SECTION 15.  Item 0521-0000 of said section 2 of said chapter 38 is hereby amended by adding the following words:- ; provided further, that $310,901 shall be expended for the costs of the following special elections: (i) fifth Middlesex senatorial district; (ii) fourth Hampden representative district; (iii) thirteenth Suffolk representative district; (iv) second Suffolk representative district; (v) sixteenth Suffolk representative district; (vi) fifth Suffolk representative district; and (vii) ninth Norfolk representative district; and provided further, that the funds shall be in addition to any amounts previously appropriated and made available for expenditure through June 30, 2015.
     SECTION 16.  Item 1410-0010 of said section 2 of said chapter 38 is hereby amended by striking out the words “the Stand Up and Play Foundation, Boston chapter, for rehabilitative adaptive equipment for veterans” and inserting in place thereof the following words:-  Salute Military Golf Association Boston for veteran rehabilitative equipment.
     SECTION 17.  Item 1599-0026 of said section 2 of said chapter 38 is hereby amended by inserting after the words “accountability and transparency for local governments” the following words:- ; provided further, that not less than $500,000 shall be expended to fund a pilot program in Plymouth county, including projects of regionalized county government services.
     SECTION 18.  Said section 2 of said chapter 38 is hereby further amended by striking out item 1599-0081.
     SECTION 19.  Item 2300-0100 of said section 2 of said chapter 38 is hereby amended by striking out the words “180 days after the effective date of this item” and inserting in place thereof the following words:- May 1, 2014.
     SECTION 20.  Item 2330-0100 of said section 2 of said chapter 38 is hereby amended by inserting after the words “hinder the existing functions of the plant” the following words:- ; provided further, that not less than $350,000 shall be expended for the implementation of an interdepartmental service agreement with the department of public health to address new concerns associated with bacterial contamination of marine waters and shellfish.
     SECTION 21.  Item 2330-0120 of said section 2 of said chapter 38 is hereby amended by adding the following words:- ; provided, that $100,000 shall be expended to conduct a stock assessment of black sea bass in coastal waters in collaboration with the Atlantic States Marine Fisheries Commission and the Mid-Atlantic Fishery Management Council and employing the services of contracted fishing vessels.
     SECTION 22.  Item 3000-4065 of said section 2 of said chapter 38 is hereby amended by striking out the figure “168” and inserting in place thereof the following figure:- 166.
     SECTION 23.  Said section 2 of said chapter 38 is hereby further amended by inserting after item 4580-1000 the following item:-

4590-0081
For a public health evaluation grant program; provided, that the executive office for administration and finance shall issue a report to the house and senate committees on ways and means within 30 days of issuing a request for proposal for this program detailing the criteria to be used to award grants; provided further, that grant recipients shall be selected through a competitive grant process in which successful proposals shall: (a) demonstrate substantial experience conducting evaluations of federal, state or local public health programs; (b) focus on the evaluation of a state-funded department of public health program which may include, but shall not be limited to, school-based health centers, smoking cessation programs,  HIV/AIDS prevention and treatment programs, obesity prevention programs and child nutrition programs; (c) identify the state administrative datasets to be used; (d) ensure compliance with applicable privacy regulations, including institutional review board policies; and (e) propose an evaluation to be completed in not more than 24 months, which shall provide analysis that examines the following areas of policy relevance: (i) the quantifiable effect of the program on the population treated through the program; (ii) an estimate of the cost to the commonwealth of the public health problem being addressed through the program; (iii) a comparison of the cost of the program and the estimated short-term and long-term benefits received by program recipients through the program; (iv) data limitations in estimating the effect of the program; and (v) recommendations for further study; provided further, that in awarding grants, priority shall be given to organizations located within the commonwealth; provided further, that not more than 50 per cent of the amount appropriated in this item shall be granted to any 1 organization; provided further, that the request for proposals shall be issued not later than June 30, 2014; provided further, that the department of public health, the center for health information and analysis, the executive office of health and human services, the executive office of education, the department of housing and community development and other relevant state agencies shall work with grant recipients funded through this item, as necessary, to provide secure access to state collected data that is necessary for evaluations; provided further, that organizations receiving funds through this item shall report quarterly to the house and senate committees on ways and means, the joint committee on public health and the department of public health on: (A) the status and preliminary results of studies funded through this item; and (B) any obstacles encountered in accessing data or other information that is negatively affecting the completion of the study; and provided further, that funds appropriated in this item shall not revert and shall be available for expenditure through the term of grants awarded under this item, but not later than October 1, 2016
$500,000

     SECTION 24.  Item 4800-0038 of said section 2 of said chapter 38 is hereby amended by striking out the words “March 1” and inserting in place thereof the following words:- November 30.
     SECTION 25.  Item 7004-0104 of said section 2 of said chapter 38 is hereby amended by adding the following words:- , prior appropriation continued.
     SECTION 26.  Item 7004-9316 of said section 2 of said chapter 38 is hereby amended by striking out the figure “90”, each time it appears, and inserting in place thereof, in each instance, the following figure:- 50.
     SECTION 27.  Item 7008-0900 of said section 2 of said chapter 38 is hereby amended by inserting after the words “Memorial Day to Columbus Day” the following words:- ; provided further, that not less than $200,000 shall be expended for any hosting fees associated with visiting historical artifacts touring the commonwealth in 2014; provided further, that not less than $89,000 shall be provided for the support of the Plymouth Amphitheater.
     SECTION 28.  Item 7066-0036 of said section 2 of said chapter 38 is hereby amended by striking out the words “August 1, 2014” and inserting in place thereof the following words:- December 31, 2014; and provided further, that funds may be expended through December 31, 2014.
     SECTION 29.  Item 8000-0122 of said section 2 of said chapter 38 is hereby amended by striking out the figure “$2,570,700”, the first time it appears, and inserting in place thereof the following figure:- $2,720,700.
     SECTION 30.  Item 8910-0108 of said section 2 of said chapter 38 is hereby amended by adding the following words:- ; provided, that not less than $40,000 shall be expended for the Franklin County Opioid Education and Awareness Task Force.
     SECTION 31.  Item 8910-0445 of said section 2 of said chapter 38 is hereby amended by striking out, in line 2, the figure “$250,000” and inserting in place thereof the following figure:- $300,000.
     SECTION 32.  Item 1595-1068 of section 2E of said chapter 38 is hereby amended by striking out the figure “$568,025,000”, inserted by section 40 of chapter 118 of the acts of 2013, and inserting in place thereof the following figure:- $620,025,000.
     SECTION 33.  Item 1595-6368 of said section 2E of said chapter 38 is hereby amended by inserting after the figure “ 2014”, in line 14, the following words:- ; provided further, that $115,915 shall be expended for the Montachusett Regional Transit Authority to support services in the town of Athol.
     SECTION 34.  The third sentence of the first paragraph of section 183 of said chapter 38 is hereby amended by striking out the figure “2014” and inserting in place thereof the following figure:- 2015.
     SECTION 35.  The first sentence of subsection (a) of section 56A of chapter 118 of the acts of 2013 is hereby amended by inserting after the word “program”, the third time it appears, the following words:- ; and provided further, that with the written approval of the executive office for administration and finance, funds may be expended regardless of federal reimbursement.
     SECTION 36.  (a) Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation may incur liabilities and make expenditures in fiscal years 2014 and 2015 in excess of funds available to the department for snow and ice removal; provided, that the expenditures shall be approved by the secretary of transportation in consultation with the secretary of administration and finance. No expenditures shall be made in excess of funds available until $38,000,000 has been expended for snow and ice removal in each of fiscal years 2014 and 2015 and the negative balance of funds available for snow and ice removal shall not exceed $50,000,000 at any time during each fiscal year. The state comptroller may certify for payment invoices in excess of funds available to the department.
     (b)  The Massachusetts Department of Transportation shall, on or before May 1 in fiscal years 2014 and 2015, report to the executive office for administration and finance and the house and senate committees on ways and means the total amounts budgeted and expended for snow and ice removal. The department shall seek appropriations, as required, to cure deficiencies resulting from the removal of snow and ice for fiscal years 2014 and 2015.
     SECTION 37.  The salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the State Police Association of Massachusetts, Unit 5A, shall be effective for the purposes of section 7 of chapter 150E of the General Laws.
     SECTION 38.  The special commission established in section 164 of chapter 38 of the acts of 2013 is hereby revived and continued. The commission shall file a report detailing its work and findings, including any legislative recommendations, with the clerks of the house of representatives and the senate not later than December 31, 2014.
     SECTION 39.  (a) Notwithstanding any general or special law to the contrary, the secretary of energy and environmental affairs shall convene an advisory committee on flood risks created by climate change. The advisory committee shall be chaired by the secretary, or the secretary’s designee, and shall be comprised of representatives with expertise in the following areas: coastal zone and river flooding, hydrological and hydraulic modeling, natural hazard preparedness and mitigation, sea level and storm surge projections, risk measurement and reduction, emergency management planning and scenario planning.
     (b)  The advisory committee shall complete a report, not later than July 1, 2015 which shall include:  (i) a set of combined sea-level rise and storm-surge scenarios for the commonwealth;
     (ii)  estimates of risk levels of each scenario occurring by 2030, 2050 and 2100; (iii) estimates of flood water levels in coastal areas under each scenario, which shall reflect appropriate local information such as local uplift and subsidence and coastal erosion rates; (iv) estimates based on hydrological and hydraulic modeling of flood water levels in each scenario in historically coastal areas currently protected by dams, including the Charles River Basin and the Mystic River Basin; (v) maps of areas subject to inundation in each scenario; and (vi) recommendations for additional studies to assess the vulnerability of state agency and public utility assets based on the scenarios developed.
     (c)  The advisory committee shall conduct an initial public hearing before procuring any contract for consulting services and a second hearing before finalizing its report. The report shall be filed with the clerks of the senate and house of representatives, who shall forward the report to the senate and house chairs of the joint committee on environment, natural resources and agriculture.
     SECTION 40.  Section 5 shall take effect as of October 1, 2013.
     SECTION 41.  Section 6 shall take effect on October 1, 2014.

Approved, March 17, 2014.