AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2015 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 purposes, which are forthwith to make supplemental appropriations for fiscal year 2015 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 2015, the sums set forth in sections 2 to 2E, inclusive, 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, 2015. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. These sums shall be made available until June 30, 2016. Notwithstanding any general or special law to the contrary, appropriations made in section 2 shall not revert and shall be available for expenditure until June 30, 2010.
SECTION 2.
JUDICIARY
Committee for Public Counsel Services
District Attorneys
Bristol District Attorney
Secretary of the commonwealth
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Department of Revenue
Office of the Secretary of Administration and Finance
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Conservation and Recreation
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Office of the Secretary of Health and Human Services
Department of Public Health
Department of Children and Families
Department of Mental Health
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Department of Transportation
EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Massachusetts Office of Travel and Tourism
EXECUTIVE OFFICE OF EDUCATION
Department of Elementary and Secondary Education
STATE UNIVERSITIES
University of Massachusetts
Framingham State University
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Military Division
Department of Correction
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, 2015. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of these items. These sums shall be made available until June 30, 2016.
trial court
OFFICE OF THE TREASURER AND RECEIVER GENERAL
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary for Administration and Finance
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Office of the Secretary of Health and Human Services
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Office of the Secretary
SECTION 2C.I. For the purpose of making available in fiscal year 2016 balances of appropriations which otherwise would revert on June 30, 2015, the unexpended balances of the appropriations listed below, not to exceed the amount specified below for each item, are hereby reappropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 165 of the acts of 2014. For items that do not appear in said section 2 of said chapter 165, the amounts in this section are hereby reappropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A in prior appropriation acts. The unexpended balances of all appropriations in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17 are hereby reappropriated for the purposes of and subject to the conditions stated for the corresponding item in said section 2 of said chapter 165 or section 2A of chapter 194 of the acts of 2011. The sums reappropriated in this section shall be in addition to any amounts available for those purposes.
JUDICIARY
Committee for Public Counsel Services
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary of Administration and Finance
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Public Utilities
Department of Environmental Protection
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES>
Department of Transitional Assistance
Department of Public Health
Department of Children and Families
Department of Mental Health
EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Massachusetts Office of Travel and Tourism
EXECUTIVE OFFICE OF EDUCATION
Department of Early Education and Care
Department of Higher Education
niversity of Massachusetts
Cape Cod Community College
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
State Police Crime Laboratory
Department of Fire Services
SHERIFFS
Hampden Sheriff’s Office
SECTION 2C.II. For the purpose of making available in fiscal year 2016 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2015, the unexpended balances of the authorizations listed below, not to exceed the amount specified below for each item, are hereby reauthorized for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2B of chapter 165 of the acts of 2014. Amounts in this section are hereby reauthorized from the funds designated for the corresponding item in said section 2 or 2B of said chapter 165. For items that do not appear in said section 2 or 2B of said chapter 165 the amounts in this section are hereby reauthorized from the funds designated for the corresponding item in section 2, 2A or 2B or prior appropriation acts. The sums reauthorized in this section shall be in addition to any amounts available for those purposes.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Human Resources Division
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Office of the Chief Medical Examiner
SECTION 3. Section 207 of chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 21 and 22, the words “public welfare under chapter one hundred and eighteen or one hundred and eighteen E” and inserting in place thereof the following words:- transitional assistance under chapter 118 or of the division of medical assistance under chapter 118E.
SECTION 4. Section 14A of chapter 6A of the General Laws, as so appearing, is hereby amended by striking out, in line 34, the words “and (7)” and inserting in place thereof the following words:- (7) provide consolidated human resource services to the employees of the department of higher education, the department of early education and care and the department of elementary and secondary education; and (8).
SECTION 5. Subsection (a) of section 45 of chapter 7C of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Eight members shall be appointed by the governor, 3 of whom shall have not fewer than 15 years of experience as registered architects in the commonwealth who may be architects emeritus but who shall not have a record of disciplinary action, 3 of whom shall have not fewer than 15 years of experience as registered engineers in the commonwealth but who shall not have a record of disciplinary action and 2 of whom shall be representatives of the public who are not architect designers, engineers or construction contractors.
SECTION 6. Subsection (c) of said section 45 of said chapter 7C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- The board shall employ an executive director who shall be appointed by the secretary of administration and finance and who shall have either: (1) not fewer than 15 years of experience as a registered architect but who shall not have a record of disciplinary action; or (2) not fewer than 15 years of experience as a registered engineer but who shall not have a record of disciplinary action. The board shall employ such other staff or consultants as it may deem necessary, subject to appropriation.
SECTION 7. Said chapter 7C is hereby further amended by striking out section 59, as so appearing, and inserting in place thereof the following section:-
Section 59. As used in this section “schematic design” shall, unless the context clearly requires otherwise, mean a basic and preliminary revision, development and implementation of the study or program parameters, or both the study and program parameters, and a further, but preliminary, investigation of the construction details, mechanical system, code issues, construction schedule, site utilities and cost estimate, including preliminary designs and design premises upon which the design scheme is based.
An appropriation or authorization for the design or construction of a building project, beyond schematic design, for which a state agency is the using agency shall require the satisfactory completion of a study or program through schematic design before any services for the design or construction of the project may be contracted for, performed by contract or otherwise, or funds allotted, encumbered or expended therefor, unless such appropriation or authorization specifically states that no such study or program need or shall be done.
No provider of design services for any building project for which a state agency is the using agency shall be selected by the designer selection board or by the administering agency and no design services shall be performed beyond schematic design for or by such administering agency for any building project for which the satisfactory completion of a study program is required prior to the design or construction of that project unless: (i) the study or program or, if appropriate, both have been satisfactorily completed through schematic design; (ii) the using agency certifies in writing to the commissioner that the study or program, including schematic design or, if appropriate, both, correspond to the current needs of that agency, including its current long-term capital facilities development plan; (iii) the commissioner requests that the director of programming, the director of project management or the director of facilities management review the study or program, including schematic design or, if appropriate, both and the director certifies in writing to the commissioner that the study or program, including schematic design or, if appropriate, both reflects the using agency’s needs as stated, that they provide an accurate estimate of the project requirements, cost and schedule and that the project can be accomplished within the appropriation or authorization for that project and recommends proceeding with design, construction or, if appropriate, both; and (iv) the commissioner: (1) certifies in writing to the secretary of administration and finance that the study or program, including schematic design or, if appropriate, both are in conformity with the scope and purpose of the appropriation or authorization for the project and legislative intent in regard to long-range capital facility plans for the using agency; (2) approves proceeding with regard to long-range capital facility plans for the using agency; and (3) approves proceeding with design, construction or, if appropriate, both.
If the director whose review is requested or the commissioner fail to certify, recommend or approve, the commissioner shall immediately send notice of the commissioner’s decision and the reasons for the decision to the secretary of administration and finance and to the house and senate committees on ways and means.
SECTION 8. Section 35AAA of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out the seventh sentence and inserting in place thereof the following 2 sentences:- Any fiscal year-end balance in the fund that is not subject to appropriation shall not revert to the General Fund but shall remain in the fund and be available for expenditure during the next fiscal year. Any fiscal year-end balance in the fund that is subject to appropriation shall not be subject to section 5C of chapter 29.
SECTION 9. Section 21 of chapter 15A of the General Laws, as so appearing, is hereby amended by inserting after the word, “education”, in line 54, the following words:- except as otherwise required by section 4.
Governor returned following section with recommendation of amendment, for message see House, No. 3838
SECTION 10. Section 5 of chapter 21J of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, the figure “$1,500,000” and inserting in place thereof, in each instance, the following figure:- $2,500,000.
SECTION 11. Section 41 of chapter 36 of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 12, the figure "2018" and inserting in place thereof, in each instance, the following figure:- 2020.
SECTION 12. Subsection (a) of section 6I of chapter 40J of the General Laws, as appearing in section 63 of chapter 46 of the acts of 2015, is hereby amended by striking out the word “non-state” and inserting in place thereof the following word:- private.
SECTION 13. Section 25B of chapter 54 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following subsection:-
(q) No early voting ballot cast under this section shall be counted if the officer charged with the duty of counting the ballot is cognizant of the fact that the voter has died prior to the opening of the polls on the day of the election.
SECTION 14. Section 24B of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words “and the commissioner of education”.
SECTION 15. Said section 24B of said chapter 112, as so appearing, is hereby further amended by striking out, in lines 3 and 4, the words “and the commissioner”.
SECTION 16. Said section 24B of said chapter 112, as so appearing, is hereby further amended by striking out, in lines 8 and 9, in lines 10 and 11, and in line 15, the words “and said commissioner”.
Governor disapproved of the following section, for message see House, No. 3838
SECTION 17. Chapter 118E of the General Laws is hereby amended by adding the following section:-
Section 78. A nonprofit home health agency providing services pursuant to Title XIX of the federal Social Security Act in accordance with 114.3 C.M.R. 50.00 and with Medicaid services not including continuous skilled nursing comprising at least 7 per cent of its total visits shall qualify for a community-based safety net adjustment. The adjustment shall amount to not less than 22 per cent for skilled nursing, physical therapy, occupational therapy and speech therapy and 18 per cent for home health aide services; provided, however, that those adjustments and the base rate would remain at the same level past 60 days of service.
The adjustment shall not apply to nonprofit agencies that currently receive an episodic payment rate for their Medicaid population.
SECTION 18. The fifth paragraph of section 17 of chapter 138 of the General Laws is hereby amended by striking out the first sentence, as amended by section 72 of chapter 287 of the acts of 2014, and inserting in place thereof the following sentence:- The licensing board for the city of Boston may grant 660 licenses for the sale of all alcoholic beverages under section 12.
SECTION 19. Said first sentence of said fifth paragraph of said section 17 of said chapter 138 is hereby further amended by striking out the figure “660”, as appearing in section 18, and inserting in place thereof the following figure:- 665.
SECTION 20. Section 3 of chapter 176Q of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following clause:-
(x) to make applications to the United States Secretary of Health and Human Services to waive any applicable provisions of the Patient Protection and Affordable Care Act, Pub. L. 111-148, as amended from time to time, as provided for by 42 U.S.C. § 18052, and to implement the state plans of any such waiver in a manner consistent with applicable state and federal laws, as authorized by the United States Secretary of Health and Human Services pursuant to said 42 U.S.C. § 18052.
SECTION 21. Section 39 of chapter 207 of the General Laws, as so appearing, is hereby amended by striking out, in lines 43 and 44, the words “him of twenty-five dollars by said other person” and inserting in place thereof the following words:- the secretary of $25 for applications delivered by mail, facsimile or hand or $20 for applications submitted electronically.
SECTION 22. The second paragraph of chapter 313 of the acts of 2010 is hereby amended by adding the following sentence:- The co-chairs of the commission may each appoint up to 3 additional commission members to fulfill the purpose of the commission.
SECTION 23. Subsection (e) of section 49 of chapter 9 of the acts of 2011 is hereby amended by striking out, in line 2, the words, “January 1, 2016,” and inserting in place thereof the following words:- January 1, 2017.
SECTION 24. Subsection (f) of said section 49 of said chapter 9 is hereby amended by striking out, in line 1, the words “June 30, 2016” and inserting in place thereof the following words:- June 1, 2017.
SECTION 25. Section 102 of chapter 35 of the acts of 2013 is hereby amended by striking out the figure “2015”, each time it appears, and inserting in place thereof, in each instance, the following figure:- 2017.
SECTION 26. Item 7002-0021 of section 2 of chapter 38 of the acts of 2013 is hereby amended by striking out the words “December 31, 2015” and inserting in place thereof the following words:- June 30, 2016.
SECTION 27. Item 7061-0011 of section 2 of chapter 165 of the acts of 2014 is hereby amended by inserting after the words “regional school district” the following words:- ; provided however, that funds in the amount of $630,000 appropriated for this item for this clause in fiscal year 2015 shall not revert but shall be made available for the purposes of this clause until June 30, 2016.
SECTION 28. Item 7077-0023 of said section 2 of said chapter 165 is hereby amended by inserting after the word “University”, the second time it appears, the following words:- ; provided further, that the amount allocated to the feasibility study shall not revert and shall be made available until June 30, 2016.
SECTION 29. Item 8324-0000 of said section 2 of said chapter 165, as amended by section 50 of chapter 359 of the acts of 2014, is hereby further amended by inserting after the figure “2015”, the second time it appears, the following words:- ; provided further, that amounts allocated to fire department training academies shall not revert and shall be made available until June 30, 2016.
SECTION 30. Said chapter 165 is hereby further amended by striking out section 233 and inserting in place thereof the following section:-
Section 233. (a) There shall be a special commission to be known as the 495/MetroWest Suburban Edge community commission which shall consist of: 3 members of the senate, 1 of whom shall serve as co-chair and 1 of whom shall be appointed by the minority leader; 3 members of the house of representatives, 1 of whom shall serve as co-chair and 1 of whom shall be appointed by the minority leader; the secretary of housing and economic development or a designee who shall serve as co-chair; the secretary of transportation or a designee; the secretary of energy and environmental affairs or a designee; the executive director of the Massachusetts Development Finance Agency or a designee; 1 member selected by the 495/Metrowest Corridor Partnership, Inc.; 1 member selected by the Metropolitan Area Planning Council; 1 member selected by the Massachusetts Municipal Association, Inc.; 1 member selected by the Massachusetts Association of Planning Directors; 1 member selected by NAIOP Massachusetts, Inc.; 1 member selected by the Massachusetts Water Works Association Inc.; 1 member selected by the MetroWest Regional Transit Authority; and 9 persons to be appointed by the governor, 1 of whom shall be an academic focused on suburban development, 1 of whom shall be a real estate professional with experience working in edge communities, 1 of whom shall be a water resources expert with experience working in edge communities, 1 of whom shall be a transportation engineer with experience working in edge communities and 5 of whom shall be municipal officials who represent different municipalities served by the 495/MetroWest Corridor Partnership, Inc.
(b) The commission shall make an investigation and study relative to development challenges being experienced by edge communities, such as needs to address transportation, water, cellular and energy infrastructure, transit services, residential development, reuse of former industrial facilities and historic mills, brownfields reclamation, downtown redevelopment and other constraints. The commission shall hold at least 3 public forums in the region to solicit stakeholders’ feedback before developing policy responses and recommendations to ensure that edge communities may participate in the commonwealth's development initiatives and benefit from the commonwealth's resources. The commission shall focus its investigation and study on the 35 municipalities served by the 495/MetroWest Corridor Partnership, Inc. and shall develop a pilot program to address the issues to be studied and investigated by the commission. The commission shall choose certain municipalities served by the 495/MetroWest Corridor Partnership, Inc. to partake in the pilot program; provided, however, that the 5 municipalities represented by municipal officials chosen by the governor for appointment on the commission shall participate in the pilot program. For the purposes of this section, "edge community" shall mean a municipality with a population of not more than 35,000, with a 5 per cent variance to account for postcensal population estimates.
(c) The commission shall report to the clerks of the senate and the house of representatives and to the joint committee on economic development and emerging technologies detailing the results of its investigation and study and include its recommendations, if any, for legislation necessary to carry those recommendations into effect by filing the same with the clerks of the senate and the house of representatives by December 31, 2016.
(d) All appointments to the commission shall be made within 90 days after the effective date of this act.
SECTION 31. The first sentence of subsection (a) of section 54 of chapter 286 of the acts of 2014 is hereby amended by striking out the figure “11” and inserting in place thereof the following figure:- 16.
SECTION 32. Section 73 of chapter 287 of the acts of 2014 is hereby repealed.
SECTION 33. Section 132 of said chapter 287 is hereby amended by striking out, in line 1, the figure “73,”.
SECTION 34. Chapter 431 of the acts of 2014 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
There shall be a task force on child sexual abuse prevention. The task force shall be co-chaired by the child advocate and the executive director of the Children’s Trust and shall include: the attorney general or a designee; the lieutenant governor or a designee; the house and senate chairs of the joint committee on children, families and persons with disabilities; the house minority leader or a designee; the senate minority leader or a designee; the commissioner of public health or a designee; the commissioner of early education and care or a designee; the commissioner of children and families or a designee; the executive director of the Massachusetts office of victim assistance or a designee; the executive director of the Massachusetts District Attorneys Association or a designee; the director of the victim services unit of the sex offender registry board or a designee; the commissioner of elementary and secondary education or a designee; and representatives from each of the following child and youth service providers and advocacy organizations who shall be appointed by the governor: the Alliance of Massachusetts YMCAs, Inc.; the Massachusetts Society for the Prevention of Cruelty to Children; the Massachusetts Children's Alliance, Inc.; the Massachusetts Citizens for Children, Inc.; the Children's League of Massachusetts, Inc.; The Mass Mentoring Partnership, Inc.; the Girl Scouts; the Massachusetts Alliance of Boys & Girls Clubs, Inc.; the Massachusetts Association for the Treatment of Sexual Abusers, Inc.; the Massachusetts After School Partnership, Inc.; the Roman Catholic Archdiocese of Boston; and the Massachusetts Adolescent Sexual Offender Coalition, Inc. The governor may appoint additional representatives from agencies serving children, law enforcement, religious organizations and others as necessary to fulfill the purpose of the task force.
SECTION 35. Said chapter 431 is hereby further amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
The task force shall periodically report on its activities and recommendations to the governor, the clerks of the house of representatives and senate and the senate and house chairs of the joint committee on children, families and persons with disabilities and shall submit a final report on or before June 30, 2017.
SECTION 36. Item 0910-0210 of section 2 of chapter 46 of the acts of 2015 is hereby amended by striking out the figure “$650,000”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $850,000.
SECTION 37. Item 0940-0101 of said section 2 of said chapter 46 is hereby amended by striking out the figure “$2,168,911”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $2,518,911.
SECTION 38. Item 0940-0102 of said section 2 of said chapter 46 is hereby amended by striking out the figure “$210,000”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $240,000.
SECTION 39. Item 1102-3309 of said section 2 of said chapter 46 is hereby amended by striking out the figure “$2,380,120” and inserting in place thereof the following figure:- $2,555,120.
SECTION 40. Item 1233-2401 of said section 2 of said chapter 46 is hereby amended by striking out the figure “$250,000” and inserting in place thereof the following figure:- $350,000.
SECTION 41. Item 1410-0012 of said section 2 of said chapter 46 is hereby amended by adding the following words:- “; and provided further, that the department shall appropriate to each program or its successor under item 1410-0012 of section 2 of chapter 165 of the acts of 2014 the same appropriation in fiscal year 2016.
SECTION 42. Item 1410-0250 of said section 2 of said chapter 46 is hereby amended by striking out the word “Chelsea,” and inserting in place thereof the following words:- “Chelsea; and provided further, that the department shall appropriate to each program or its successor under item 1410-0250 of section 2 of chapter 165 of the acts of 2014 the same appropriation in fiscal year 2016.
SECTION 43. Item 4000-0300 of said section 2 of said chapter 46 is hereby amended by inserting after the words “chapter 165 of the acts of 2014” the following words:- ; provided further, that in fiscal year 2016, in addition to the 50 per cent provided for in the previous proviso, the executive office shall expend the full amount in item 4000-0700 of chapter 38 of the acts of 2013 for payments to any acute pediatric hospital and pediatric specialty unit as defined in section 8A of chapter 118E of the General Laws to compensate for high complexity pediatric care.
SECTION 44. Item 4510-0110 of said section 2 of said chapter 46 is hereby amended by inserting after the word “Initiative” the following words:- ; provided further, that not less than $175,000 shall be expended to develop and administer a pilot program to prevent and treat addiction to opioid and related substances; provided further, that the pilot shall be administered by a federally-approved community health center agency that administers licensed community health center sites in not less than 3 counties and has been treating opioid-addicted patients for a minimum of 5 years; provided further, that the program shall include prevention and treatment for patients and professional support for primary care providers and shall include the use of tools to assess risk factors, the development of patient registries, the provision of pain management alternatives and the development of best practices protocols to assist primary care providers; provided further, that the pilot program shall report to the department of public health and the house and senate committees on ways and means 6 and 12 months after the initiation of the program.
SECTION 45. Item 4513-1026 of said section 2 of said chapter 46 is hereby amended by striking out the words “Good Samaritans” and inserting in place thereof the following words:- Samaritans, Inc. of Boston.
Governor disapproved of the following section, for message see House, No. 3838
SECTION 46. Item 7003-0900 of said section 2 of said chapter 46 is hereby amended by adding the following words:- ; provided, that the department shall expend $150,000 for the operation of the joint labor-management committee for municipal police and fire.
SECTION 47. Said Item 7003-0900 of said section 2 of said chapter 46 is hereby further amended by striking out the figure “$2,149,659” and inserting in place thereof the following figure:- $2,299,659.
SECTION 48. Item 7007-1202 of said section 2 of said chapter 46 is hereby amended by striking out the word “non-state”, inserted by section 5 of chapter 107 of the acts of 2015, and inserting in place thereof the following word:- private.
SECTION 49. Item 7008-0900 of said section 2 of said chapter 46 is hereby amended by inserting after the word “Chelsea” the following words:- ; provided further, that not less than $500,000 shall be expended for the Outside the Box festival in the city of Boston.
SECTION 50. Item 1599-2040 of section 2B of said chapter 46 is hereby amended by striking out the figure, “$5,000,000” and inserting in place thereof the following figure:- $30,303,853.
SECTION 51. Section 2D of said chapter 46 is hereby amended by striking out item 7043-1005, the last time it appears, and inserting in place thereof the following 11 items:-
Department of Elder Affairs.
SECTION 52. Item 1595-1068 of section 2E of said chapter 46 is hereby amended by adding the following words:- and provided further, that up to $707,000,000 in payments made for state and federal fiscal year 2014 or 2015 shall be made from the Medical Assistance Trust Fund, of which up to $283,000,000 shall be made to the Cambridge Public Health Commission for dates of service in state and federal fiscal year 2014 or 2015 only after the Cambridge Public Health Commission transfers up to $141,500,000 of its funds to the Medical Assistance Trust Fund using a federally permissible source of funds which shall fully satisfy the non-federal share of such payment.
SECTION 53. Said item 1595-1068 of said section 2E of said chapter 46 is hereby further amended by striking out the figure “$462,000,000” and inserting in place thereof the following figure:- $1,027,500,000.
SECTION 53A. Section 194 of said chapter 46 is hereby further amended by striking out section 194 and inserting in place thereof the following section:-
Section 194. (a) Notwithstanding any general or special law to the contrary, prior to transferring the consolidated net surplus in the budgetary funds to the Commonwealth Stabilization Fund under section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2015 as follows: (i) transfer ½ of the surplus, not to exceed $10,000,000, to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws; and (ii) transfer ½ of the surplus, not to exceed $10,000,000, to the Massachusetts Life Sciences Investment Fund established in section 6 of chapter 23I of the General Laws.
(b) After making the transfers required under clauses (i) and (ii) of subsection (a), the comptroller shall transfer, to the extent available, $120,000,000, or any remaining funds, to the Commonwealth Stabilization Fund established in section 2H of said chapter 29 of the General Laws.
SECTION 54. The working group established in section 164 of chapter 46 of the acts of 2015 is hereby revived and continued and shall file a report of its findings and recommendations, along with any drafts of legislation necessary to implement its recommendations, with the clerks of the senate and house of representatives on or before March 1, 2016.
SECTION 55. Notwithstanding any general or special law to the contrary, prior to the close of fiscal year 2015 and upon the recommendation of both the secretary of administration and finance and the secretary of health and human services, or their designees, the comptroller shall adjust any fiscal year 2015 appropriation fund split against or transfer out of the Community First Trust Fund, established in section 35AAA of chapter 10 of the General Laws, to match final department fiscal year 2015 Community First Trust Fund expenditures.
SECTION 56. Notwithstanding any general or special law to the contrary, the secretary of health and human services, with the written approval of the secretary of administration and finance, may authorize transfers of surplus among items 4000-0320, 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0875, 4000-0880, 4000-0885, 4000-0940, 4000-0950, 4000-0990, 4000-1400, 4000-1420, and 4000-1425 of section 2 of chapter 165 of the acts of 2014 for the purpose of reducing any deficiency in these items, but any such transfer shall be made not later than October 31, 2015.
SECTION 57. Notwithstanding any general or special law to the contrary, any unexpended balances, not exceeding a total of $20,000,000, in items 4000-0600, 4000-0700 and 4000-1425 of section 2 of chapter 165 of the acts of 2014 shall not revert to the General Fund until October 31, 2015 and may be expended by the executive office of health and human services to pay for services enumerated in said items 4000-0600, 4000-0700 and 4000-1425 of said section 2 of said chapter 165 provided during fiscal year 2015.
SECTION 58. There is hereby established on the books of the commonwealth a Debt Defeasance Trust Fund to be used, without further appropriation, in the manner and for the purposes specified in section 59. The comptroller shall transfer the sum of $113,200,000 to said Trust Fund from the General Fund. The Trust Fund shall not be subject to appropriation and the balance remaining at the end of fiscal year 2015 shall not revert to the General Fund.
SECTION 59. Notwithstanding any general or special law to the contrary, the state treasurer shall expend on or before May 31, 2016, from the Debt Defeasance Trust Fund established in said section 58 an amount not to exceed $113,200,000 to purchase securities to be held for the credit of or cash deposit into a sinking fund to be established in accordance with section 49 of chapter 29 of the General Laws. The monies in such sinking fund shall be applied to pay, at maturity or upon redemption, bonds of the commonwealth to be identified by the state treasurer at the time the sinking fund is established, including the payment of any redemption premium on those bonds and any interest accrued or to accrue to the date of maturity or earlier redemption of such bonds. In selecting the bonds to be paid from the sinking fund, the state treasurer shall attempt to maximize the financial benefits to the commonwealth. The state treasurer may enter into an agreement with a trustee to establish the sinking fund for the benefit of the holders of the bonds to be paid pursuant to this section. Said section 49 of said chapter 29 applicable to sinking funds established with trustees shall apply to the deposit of funds pursuant to this section, to the extent such provisions are consistent with this section.
SECTION 60. Notwithstanding sections 58 and 59, if any monies remain in the Debt Defeasance Trust Fund established in said section 58 on or after June 1, 2016, the comptroller shall, with the consent of the state treasurer and the secretary of administration and finance, transfer such monies from the Debt Defeasance Trust Fund established in section 58 to the General Fund, to be made available exclusively for item 0699-0015 without further appropriation.
SECTION 61. Section 58 is hereby repealed.
SECTION 62. In fiscal year 2015, the comptroller shall credit $732,585 to the Money Follows the Person Rebalancing Demonstration Grant Trust Fund, an amount equal to the amount of federal financial participation received in the fourth quarter of state fiscal year 2014, in accordance with section 35TT of chapter 10 of the General Laws.
Governor returned following section with recommendation of amendment, for message see House, No. 3838
SECTION 63. On or before November 17, 2015, the department of children and families shall report to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on any new or updated policies, procedures and guidelines put into place at the department over the last year in order to provide systemic improvements that shall ensure the safety and well-being of children in the custody of the department and in-home placements and shall provide an update on the progress made in each area. The report shall include any performance benchmarks used to assess new or updated policies as well as any procedures the department will take to improve its evaluation of children suspected of abuse or neglect.
SECTION 64. Notwithstanding any general or special law to the contrary, MassHealth and any commercial insurer that insures MassHealth subscribers shall provide double electric breast pumps to expectant and new mothers per birth as specifically prescribed by their attending physician, consistent with the Patient Protection and Affordable Care Act of 2010, Public Law 111-148.
SECTION 65. Notwithstanding any general or special law to the contrary, a retired police officer, firefighter or emergency medical technician of a town, city or district who is appointed as a special police officer, call or auxiliary firefighter or a call or auxiliary emergency medical technician of a town, city or district pursuant to any general or special law authorizing such appointment shall be subject to chapter 151A of the General Laws.
SECTION 66. (a) Notwithstanding sections 32 to 36, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of public health, may lease for a term, including extensions, not to exceed 15 years, a parcel of land on the campus of the Lemuel Shattuck hospital in the Jamaica Plain section of the city of Boston to the Shattuck Child Care Center, Inc., a not for profit corporation, to operate a child day care center. The exact boundaries of the property to be leased shall be determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of public health, based upon a survey or other plan acceptable to the commissioners. The lease shall be in accordance with the terms and conditions specified in this section.
(b) The lease may authorize the Shattuck Child Care Center, Inc. to locate modular units on the leased premises and to undertake such site work and other work as may be reasonably required to prepare the leased premises for the modular units. The commissioner of capital asset management and maintenance may license or otherwise permit the Shattuck Child Care Center, Inc. access over, on and under other portions of the Lemuel Shattuck hospital campus for the purpose of connecting the leased premises to public utilities. The lease shall require the Shattuck Child Care Center, Inc. to carry comprehensive general liability insurance, with the commonwealth named as a co-insured, to protect the commonwealth against all personal injury or property damage on the facilities during the term of the lease and may contain such other terms and provisions as the commissioner of capital asset management and maintenance, in consultation with the commissioner of public health, considers appropriate.
(c) Notwithstanding sections 39A to 39S, inclusive, of chapter 30 of the General Laws, sections 44A to 44M, inclusive, of chapter 149 of the General Laws and any other general or special law to the contrary, the Shattuck Child Care Center, Inc. may procure the project authorized by this act, and any necessary design and construction services for the project, without undertaking a competitive bid process; provided, however, that the Shattuck Child Care Center, Inc. shall pay prevailing wages in accordance with sections 26 and 27 of chapter 149 of the General Laws in connection with any such construction.
(d) The Shattuck Child Care Center, Inc. shall annually compensate the commonwealth in the sum of $1.00 for the term of the lease authorized in this section. The Shattuck Child Care Center, Inc. shall pay all costs and expenses of the transaction authorized in this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any surveys, all costs, liabilities and expenses of any nature and kind related to the development, maintenance, use and operation of the leased premises and the operation costs for the portion of the parcels set aside for use by the commonwealth.
(e) Notwithstanding subsection (a) of this section, the commissioner of capital asset management and maintenance shall comply with the fifth and sixth paragraphs of section 36 of chapter 7C of the General Laws.
(f) No lease agreement entered into pursuant to this section by or on behalf of the commonwealth shall be valid unless the lease provides that the property shall be used solely to operate a child day care center or activities directly related to the operation of a child day care center. If, for any reason, the property ceases to be used for the purposes described in this section, the commonwealth may terminate the lease. If the lease is terminated, the care, custody and control of the property shall be with the commonwealth and the division of capital asset management and maintenance.
SECTION 67. Notwithstanding section 28 of chapter 53 of the General Laws or any other general or special law to the contrary, the state primary in 2016 shall be held on Thursday, September 8, 2016.
SECTION 68. Notwithstanding section 3 of chapter 53 of the General Laws or any other general or special law to the contrary, a person whose name is not printed on the September 8, 2016 state primary ballot as a candidate for an office, but who receives sufficient votes to nominate the person for the office, shall file in the office of the state secretary a written acceptance of the nomination and a receipt from the state ethics commission verifying that a statement of financial interest has been filed pursuant to chapter 268B of the General Laws not later than 5:00 P.M. on Monday, September 12, 2016.
SECTION 69. Notwithstanding sections 11, 13 and 53A of chapter 53 of the General Laws and section 5 of chapter 55B of the General Laws or any other general or special law to the contrary, objections to and withdrawals from nominations made at the September 8, 2016 state primary shall be filed with the state secretary not later than 12:00 P.M. on Tuesday, September 13, 2016.
SECTION 70. Notwithstanding section 14 of chapter 53 of the General Laws or any other general or special law to the contrary, any vacancies from the September 8, 2016 state primary caused by death, withdrawal or ineligibility under section 69 shall be filled by an executive committee, determined by the state party committee, of the same political party who made the original nomination.
SECTION 71. Notwithstanding section 15 of chapter 53 of the General Laws or any other general or special law to the contrary, when a nomination is made to fill a vacancy caused by the death, withdrawal or ineligibility of a candidate from the September 8, 2016 state primary, the certificate of nomination shall be on a form prescribed by the state secretary, shall be signed by the executive committee appointed by the state committee of the same political party as provided for in section 70 and shall be filed with the state secretary not later than 5:00 P.M. on Wednesday, September 14, 2016.
SECTION 72. Notwithstanding section 135 of chapter 54 of the General Laws or any other general or special law to the contrary, a petition for a recount of the September 8, 2016 state primary shall be filed with the appropriate local election officials not later than 5:00 P.M. on Monday, September 12, 2016 and all recounts shall be completed and notice of the results shall be sent to the state secretary not later than 5:00 P.M. on Friday, September 16, 2016.
Petitions for district wide and statewide recounts of the September 8, 2016 state primary shall be submitted to the appropriate local election officials for certification not later than 12:00 P.M. on Monday, September 12, 2016 and local election officials shall complete certification not later than 12:00 P.M. on Tuesday, September 13, 2016. Thereafter, certified petitions shall be filed with the secretary of state not later than 5:00 P.M. on Wednesday, September 14, 2016. If the state secretary determines that the contest is eligible for a statewide or district wide recount, the state secretary shall notify the local election officials who shall complete the recount and shall notify the state secretary of the results of the recount not later than 4:00 P.M. on Tuesday, September 20, 2016.
SECTION 73. Notwithstanding sections 8 to 10, inclusive, of chapter 55B of the General Laws or any other general or special law to the contrary, the state ballot law commission shall notify candidates of any objections filed to nominations at the September 8, 2016 state primary not later than 5:00 P.M. on Tuesday, September 13, 2016. Notice of the commission hearings shall be given by telephone and electronic mail. Hearings on objections shall be held on Thursday, September 15, 2016 and decisions shall be rendered not later than 5:00 P.M. on Friday, September 16, 2016.
SECTION 74. Notwithstanding any general or special law to the contrary, local election officials shall transmit absentee ballots to voters covered under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. section 20302 et seq., whose applications were received at least 45 days before the November 8, 2016 state election, not later than Saturday, September 24, 2016.
SECTION 75. Notwithstanding any general or special law to the contrary, the state secretary may add or change any dates relating to the nominations made at the September 8, 2016 state primary that the state secretary considers necessary for the orderly administration of the November 8, 2016 state election by providing notice of the change to the state parties and any affected person, by filing notice with the rules and regulations division, by posting on the state secretary’s website and by whatever other means the state secretary considers appropriate.
SECTION 76. The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:
(1) between the University of Massachusetts and the American Federation of State, County, and Municipal Employees, Local 1776, Unit A01;
(2) between the University of Massachusetts and the Professional Staff Union/MTA/NEA, Units A52 & B42;
(3) between the University of Massachusetts and the Professional Staff Union/MTA/NEA, Unit A15;
(4) between the University of Massachusetts and the American Federation of Teachers, Local 1895, Unit D85;
(5) between the Barnstable Sheriffs Office and the National Correctional Employees Union, Local 122; and
(6) between the Commonwealth of Massachusetts and the State Police Association of Massachusetts, Unit 5A.
Governor returned following section with recommendation of amendment, for message see House, No. 3838
SECTION 77. Notwithstanding any general or special law to the contrary, the board of the commonwealth health insurance connector shall submit a report to the joint committee on health care financing and the house and senate committees on ways and means not less than 90 days prior to submitting an application and not less than 10 days after submitting an application under clause (x) of section 3 of chapter 176Q of the General Laws detailing the intent and proposed changes to the state plan and state laws.
SECTION 78. Notwithstanding any general or special law to the contrary, there shall be a special legislative commission established pursuant to section 4A of chapter 4 of the General Laws to study pancreatic cancer. The commission shall consist of: the house and senate chairs of the joint committee on public health; the house minority leader or a designee; the senate minority leader or a designee; 2 members to be appointed by the senate president, 1 of whom shall be a person with pancreatic cancer or a survivor and 1 of whom shall be a medical specialist in pancreatic cancer; 2 members to be appointed by the speaker of the house of representatives, 1 of whom shall be a person with pancreatic cancer or a survivor and 1 of whom shall be a medical specialist in pancreatic cancer; the secretary of health and human services or a designee; the commissioner of public health or a designee; the commissioner of insurance or a designee; and 4 members to be appointed by the governor, 1 of whom shall be a person with pancreatic cancer or a survivor, 1 of whom shall be a medical specialist in pancreatic cancer and 2 of whom shall be members of the public with demonstrated expertise in issues relating to the work of the commission. The special commission shall make an investigation and study to:
(1) establish a mechanism in order to ascertain the prevalence of pancreatic cancer in the commonwealth and the unmet needs of persons with pancreatic cancer and those of their families and collect time-of-diagnosis statistics and likely risks for pancreatic cancer;
(2) study pancreatic cancer prevention, screening, education and support programs for in the commonwealth; and
(3) provide recommendations for additional legislation, support programs and resources necessary to meet the unmet needs of persons with pancreatic cancer and their families and how to effectuate an early diagnosis and treatment for pancreatic cancer patients.
Vacancies in the membership of the commission shall be filled in the same manner provided for the original appointments.
The commission shall organize within 120 days following the appointment of a majority of its members and shall select a chair and vice-chair from among the members. The chairperson shall appoint a secretary who need not be a member of the commission.
The members shall serve without compensation for their duties on the commission but shall be reimbursed for necessary expenses incurred in the performance of their duties.
The commission may call to its assistance and avail itself of the services of the employees of any state, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purposes.
SECTION 79. Section 18 shall take effect as of September 1, 2015.
SECTION 80. Section 19 shall take effect on September 1, 2016.
SECTION 81. Section 61 shall take effect on June 1, 2016.
Approved (in part), November 2, 2015.