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The 191st General Court of the Commonwealth of Massachusetts

AN ACT PROVIDING CONTINUED INVESTMENT IN THE LIFE SCIENCES INDUSTRY IN THE COMMONWEALTH

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith finance improvements to the Commonwealth’s economic infrastructure and promote economic opportunity for the life sciences ecosystem, 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 a program of economic development and job creation, the sum set forth in section 2, for the several purposes and subject to the conditions specified in this act, is hereby made available, subject to the laws regulating the disbursement of public funds; provided, however, that the amounts specified in an item or for a particular project may be adjusted in order to facilitate projects authorized in this act. This sum shall be in addition to any amounts previously authorized and made available for these purposes.

SECTION 2.

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Massachusetts Life Sciences Center

7002-0015.. For the Massachusetts Life Sciences Investment Fund established by section 6 of chapter 23I of the General Laws to achieve continued job growth through capital grants that advance education, workforce development, including English as a Second Language training, early-stage company growth through spaces dedicated to life sciences companies, advanced bio-manufacturing and scientific innovation; provided, however, that not less than $47,000,000 shall be expended for design, construction, development and related infrastructure improvements, including equipment, for an integrated biotechnology and precision manufacturing research and training facility at the University of Massachusetts at Amherst to meet workforce demands relative to the intersecting areas of medical devices, biotechnology and digital health in collaboration with industry; provided, however, that said funds shall not be used for faculty salaries; provided further, that not less than $20,000,000 shall be expended for the design, construction, development and related infrastructure improvements, including equipment, for a center for nursing innovation to be constructed at the University of Massachusetts at Boston to provide students and practitioners access to state-of-the art simulation labs and clinical training and research spaces; provided, however, that said funds shall not be used for faculty salaries; provided further, that not less than $21,750,000 shall be expended for expansion and renovation of the center for advanced biomanufacturing and digital health at the University of Massachusetts at Dartmouth to support teaching and research in the areas of rapid prototyping and micro-fabrication, including 2 digital health facilities in the areas of health data visualization and bioinformatics and sequencing, as well as the renovation and expansion of laboratories to enable increased enrollment; provided, however, that said funds shall not be used for faculty salaries; provided further, that not less than $50,000,000 shall be expended for the renovation and related infrastructure improvements, including equipment, for a joint proposal between the University of Massachusetts at Lowell and the University of Massachusetts Medical School in Worcester to advance neuroscience-related workforce training, research, and commercialization of devices and image-based diagnostics relative to neuro-imaging and neuro-informatics across the commonwealth; provided, however, that said funds shall not be used for faculty salaries; provided further, that not less than $6,000,000 shall be expended for the development and related infrastructure improvements, including equipment, for the center for data-driven discovery and healthcare at the University of Massachusetts Medical School in Worcester to advance mobile health and digital technologies through the creation of the Massachusetts living lab which shall include a physical and virtual environment to support the implementation and development of these goals through collaboration with industry partners, higher education institutions and medical facilities; provided, however, that said funds shall not be used for faculty salaries; provided further, that not less than $5,000,000 shall be expended for the development of a biomanufacturing platform by the University of Massachusetts Medical School in Worcester for cell and gene therapies at the MassBiologics SouthCoast Facility located in the city of Fall River to advance workforce training and innovative processes relative to cell and gene therapy biomanufacturing; provided, however, that said funds shall not be used for faculty salaries; provided further, that no funds shall be transferred from this item for capital projects until the secretary of administration and finance certifies in writing to the board of the Massachusetts Life Sciences Center established by section 3 of said chapter 23I of the General Laws and to the house and senate committees on ways and means that all sources of funding for that phase of the project have been committed and are available as necessary for commencement of said capital projects; provided further, that said written certification shall include copies of all business plans, letters of financial commitment and other documentation as said secretary and said board deem necessary to certify that all other sources of funding have been secured and provided further, that funds appropriated for the design, construction, and related infrastructure improvements at the University of Massachusetts Medical School in Worcester, University of Massachusetts at Amherst, University of Massachusetts at Boston, University of Massachusetts at Lowell, and University of Massachusetts at Dartmouth shall be transferred to the University of Massachusetts Building Authority for these capital projects; provided, further, that not less than $3,220,000 shall be expended for the design, construction, development and related infrastructure improvements, including equipment, for a Center for Innovation, Engineering and Energy at the Massachusetts Maritime Academy to address workforce skills gaps in the areas of biotechnology and life sciences; energy, including green energy; and secondary education in STEM areas; provided, however, that said funds shall not be used for faculty salaries; provided, further, that not less than $10,000,000 shall be expended for construction, renovations and infrastructure improvements to support the Imaging Innovation Initiative for the Marine Biological Laboratory located in Woods Hole in the town of Falmouth; provided, further, that not less than $5,000,000 shall be expended for grants to promote regionally-based efforts to increase life sciences, advanced bio-manufacturing and scientific innovation throughout the commonwealth that shall be distributed in collaboration with regional economic development organizations, as provided for in section 3K of chapter 23A of the General Laws, and ensure that grants shall be based on regional and employer needs and include a public and private partnership; provided further, that not less than $10,000,000 shall be expended for grants to community colleges established by section 5 of chapter 15A of the General Laws or vocational technical schools, as defined in section 2 of said chapter 23I, that collaborate with the center and at least 1 advanced bio-manufacturing or life science company to address regional workforce demands and increase regional employment opportunities in the areas of biotechnology and life sciences through a technical education program, workforce development education and training program or an apprenticeship program; provided, further, that funds shall be expended annually for capital grants related to diversity in the fields of life sciences and biotechnology in the commonwealth, which shall include but not be limited to investments in minority-owned businesses, grants to school districts and community colleges with significant minority populations, and the planning and implementation of strategies to increase diversity in the workforce in the fields of life sciences and biotechnology; and provided further, that the department shall issue an annual report to the house and senate committees on ways and means not later than February 1 on the total funds expended and the number and type of grants awarded: (i) to minority-owned businesses; (ii) to school districts with significant minority student populations; (iii) to University of Massachusetts colleges and private colleges and universities, broken down by school; (iv) to community colleges, broken down by school; (v) for existing or new initiatives to increase workforce diversity in the fields of life sciences and biotechnology..................................................... $472,970,000

SECTION 3. To meet the expenditures necessary in carrying out section 2, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, $472,970,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Life Sciences Center Capital Improvement Loan Act of 2018, and shall be issued for a maximum term of years, not exceeding 30 years, as recommended by the governor in a message to the general court dated June 19, 2017, under Section 3 of Article LXII of the Amendments to the Constitution; provided, however that all such bonds shall be payable not later than June 30, 2053. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth. 

SECTION 4. Section 5 of chapter 23I of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 92, the figure “$25,000,000” and inserting in place thereof the following figure:- $30,000,000.

SECTION 5. Section 6 of said chapter 23I, as so appearing, is hereby amended by striking out, in lines 68 to 69, the words “fellowships, co-ops, internships” and inserting in place thereof the following words:- fellowships, co-ops, high school internships, for which additional consideration shall be given to minority students at schools where at least 80 per cent of the student population is eligible for free or reduced lunch, college internships, for which additional consideration shall be given to minority students enrolled full-time or part-time at a community college.

SECTION 6. Said section 6 of said chapter 23I, as so appearing, is hereby further amended by inserting after the word “herein”, in line 75, the following words:- ; provided further, that the center shall file an annual report, not later than December 1, with the house and senate committees on ways and means detailing the following: (i) the total funds expended on high school internships; (ii) the total funds expended on college internships; (iii) the number of students participating in the internship programs from each high school, school district, college and university in the commonwealth; (iv) the percentage of high school internships awarded to minority students attending schools where at least 80 per cent of the student population is eligible for free or reduced lunch; (v) the percentage of college internships awarded to minority students enrolled full-time or part-time at a community college; (vi) the racial and ethnic composition of the high school and college internship programs; and (vii) an analysis of the impact of the college internship program on the ability of its participants to enter the full-time job market in the life science industries after graduation.

SECTION 7. Section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 940, the figure “$25,000,000” and inserting in place thereof the following figure:- $30,000,000.

SECTION 8. Section 38CC of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 20, the figure “$25,000,000” and inserting in place thereof the following figure:- $30,000,000.

SECTION 9. Chapter 130 of the acts of 2008 is hereby amended by striking out section 49 and inserting in place thereof the following section:-

SECTION 49. The value of any tax incentive award under the life sciences tax incentive program established in subsection (d) of section 5 of chapter 23I of the General Laws, which extends beyond December 31, 2028, including carry-forwards of losses or credits, shall be taken into account during the year awarded and the full amount of such tax benefits potentially realized in periods after December 31, 2028 shall be counted against the annual ceilings for years ending prior to January 1, 2029. Tax incentives authorized pursuant to the life sciences tax incentive program shall count toward the $30,000,000 annual ceiling only if they are not otherwise available to a taxpayer. 

SECTION 10. Section 54 of said chapter 130, as most recently amended by section 57 of chapter 46 of the acts of 2013, is hereby further amended by striking out the figure “2018” and inserting in place thereof the following figure:- 2028.

SECTION 11. To provide for the continued availability of a bond-funded spending authorization that otherwise would expire, the balance of item 7002-0015 and any allocations thereof shall be extended to June 30, 2023 for the purposes of, and subject to, the conditions stated for the item in the original authorization, as amended to date.

SECTION 12. Sections 4, 7, 8 and 9 shall take effect on January 1, 2019.

Approved June 15, 2018.