AN ACT ENABLING PARTNERSHIPS FOR GROWTH
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, 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 sums set forth in sections 2 and 2A, for the several purposes and subject to the conditions specified in this act, are 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. These sums shall be in addition to any amounts previously authorized and made available for these purposes.
SECTION 2.
EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Office of the Secretary
7002-8000.. For the program administered by the Massachusetts Development Finance Agency for site assembly, site assessment, predevelopment permitting and other predevelopment and marketing activities that enhance a site's readiness for commercial, industrial or mixed-use development; provided, that a portion of the funds shall be used to facilitate the expansion or replication of successful industrial parks; and provided further, that funding shall be awarded in a manner that promotes geographic equity................ $15,000,000
7002-8001.. For the Massachusetts Growth Capital Corporation established in section 2 of chapter 40W of the General Laws for a program to provide matching grants to community development financial institutions certified by the United States Treasury or community development corporations certified under chapter 40H of the General Laws to enable the community development financial institution or community development corporation to leverage federal or private investments for the purpose of making loans and grants to small businesses including, but not limited to, businesses owned by women, veterans, minorities and immigrants; provided, that the program shall prioritize socially or economically disadvantaged businesses, which may include, but shall not be limited to, minority-owned, women-owned, veteran-owned, and immigrant-owned small businesses, that have historically faced obstacles accessing capital and have been disproportionately impacted by the 2019 novel coronavirus pandemic; and provided further, that grants shall be awarded in a manner that promotes geographic equity............................ $35,000,000
7002-8002.. To provide funds to the Massachusetts Broadband Incentive Fund established in section 6C of chapter 40J of the General Laws for capital repairs and improvements to broadband infrastructure owned by the Massachusetts Technology Park Corporation established by section 3 of chapter 40J............................... $5,000,000
7002-8003.. For the Massachusetts Technology Park Corporation established by section 3 of chapter 40J for matching grants that support collaboration among manufacturers located in the commonwealth and institutions of higher education, non-profits and other public or quasi-public entities; provided, that eligible grantees shall include, but not be limited to, participants in the Manufacturing USA institutes established under the National Network for Manufacturing Innovation; provided further, that grants shall be awarded and administered consistent with the strategic goals and priorities of the advanced manufacturing collaborative established by section 10B of chapter 23A; and provided further, that grants shall be awarded in a manner that promotes geographic, social, racial, and economic equity........................... $10,000,000
7002-8004.. For projects receiving assistance from the Scientific and Technology Research and Development Matching Grant Fund established by section 4G of chapter 40J of the General Laws; provided, that not less than $2,000,000 shall be expended for the University of Massachusetts Amherst for capital improvements to the marine station in Gloucester; provided further, that use of funds may include the following purposes: (i) capital improvements, equipment and faulty start-up costs at the marine station, and (ii) capital equipment and other start-up costs for a sustainable seafood production center of excellence including, but not limited to, acquiring, expanding, improving or leasing a facility on Gloucester Harbor in Gloucester; and provided further, that the University of Massachusetts Amherst shall provide a 50 per cent match to these funds; and provided further, that grants shall be awarded in a manner that promotes geographic, social, racial and economic equity...... $52,000,000
7002-8027.. For a competitive program of grants or other financial assistance to support economic development, job creation and housing and climate resilience initiatives, including nature-based solutions projects that incorporate these elements for the public purpose of promoting economic opportunity and prosperity in small towns or rural areas of the commonwealth; provided, that such financial assistance may be offered to a municipality or other public entity, a community development corporation, non-profit entity or for-profit entity; provided further, that such financial assistance shall support a project located in a municipality with a population of not more than 7,000 year-round residents or a population density of not more than 500 persons per square mile; provided further, that financial assistance offered pursuant to this line item may be administered by the executive office through a contract with the Massachusetts Development Finance Agency established by section 2 of chapter 23G; provided further, that grants shall be awarded in a manner that promotes geographic, social, racial, and economic equity; and provided further, that the administering agency may establish additional program requirements through regulations or policy guidelines............................................ $20,000,000
7002-8028.. For the Massachusetts Growth Capital Corporation, established in section 2 of chapter 40W of the General Laws to provide, in consultation with the microbusiness development center within the Massachusetts office of business development, grants to low- and moderate-income entrepreneurs to acquire, expand, improve or lease a facility, to purchase or lease equipment or to meet other capital needs of a business with not more than 20 employees and annual revenues not exceeding $2,500,000, including alternative energy generation projects; provided, that grants may be used for capital projects or equipment purchases necessary to uphold public health and social distancing protocols for customers and staff related to the 2019 novel coronavirus pandemic; provided, that preference shall be given to businesses located in low-income or moderate-income areas or socially and economically disadvantaged businesses, which shall include, but shall not limited to, minority-owned, women-owned, immigrant-owned and veteran-owned businesses; and provided further, that prioritization in awarding grants shall be given to businesses that have been disproportionately impacted by the 2019 novel coronavirus pandemic; and provided further, that grants shall be awarded in a manner that promotes geographic equity... $25,000,000
7002-8029.. For a competitive grant program administered by the office of travel and tourism; provided, that funds may be used to: (i) provide tourism and cultural marketing funds to businesses and regional tourism councils for the purpose of promoting and advertising in-state tourism in order to create jobs, support tourism-related businesses in the commonwealth and stimulate the state and local economies of the commonwealth; and (ii) improve facilities and destinations visited by in-state and out-of-state travelers, with the goals of increasing visitation, enticing repeat visitation and increasing the direct and indirect economic impacts of the tourism industry in all regions of the commonwealth; provided further, that grants shall support the design, repair, renovation, improvement, expansion and construction of facilities owned by municipalities or non-profit entities; provided further, that all grantees to improve facilities and destinations visited by in-state and out-of-state travelers shall provide a match based on a graduated formula determined by the Massachusetts office of travel and tourism; provided further, that grant recipients shall be required to measure and report on return-on-investment data after the expenditure of grant funds; provided further, that the program shall prioritize socially or economically disadvantaged businesses, which may include, but shall not be limited to, minority-owned, women-owned, veteran-owned, and immigrant-owned small businesses, that have historically faced obstacles accessing capital; provided further, that grants shall be awarded in a manner that promotes geographic equity; and provided further, that not less than $4,000,000 shall be allocated to regional tourism councils in order to provide regional advertising, public relations and other marketing initiatives that will promote in-state tourism and encourage the upholding of necessary public health and social distancing protocols relative to the 2019 novel coronavirus pandemic...................................................... $14,000,000
7002-8031.. For a program to provide assistance to projects that will improve, rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties to achieve the public purposes of eliminating blight, increasing housing production, supporting economic development projects, increasing the number of commercial buildings accessible to persons with disabilities and conserving natural resources through the targeted rehabilitation and reuse of vacant and underutilized property; provided, that such assistance shall take the form of a grant or a loan provided to a municipality or other public entity, a community development corporation, non-profit entity or for-profit entity; provided further, that eligible uses of funding shall include, but not be limited to, improvements and additions to or alterations of structures and other facilities necessary to comply with requirements of building codes, fire or other life safety codes and regulations pertaining to accessibility for persons with disabilities, where such code or regulatory compliance is required in connection with a new commercial residential or civic use of such structure or facility, and the targeted removal of existing underutilized structures or facilities to create or activate publicly-accessible recreational or civic spaces; provided further, that funding shall be awarded on a competitive basis in accordance with guidelines developed by the agency; provided further, that financial assistance offered pursuant to this line item may be administered by the executive office through a contract with the Massachusetts Development Finance Agency established by section 2 of chapter 23G; provided further, that the executive office or the Massachusetts Development Finance Agency may establish additional program requirements through regulations or policy guidelines; provided further, that financial assistance offered pursuant to this item shall be awarded, to the extent feasible, in a manner that reflects geographic and demographic diversity and social, racial, and economic equity within the commonwealth; and provided further, that program funds may be used for the reasonable costs of administering the program not to exceed 5 per cent of the total assistance made during the fiscal year...................................................... $40,000,000
7002-8032.. For grants and technical assistance to be made to municipalities and regional applicants to support planning and locally-driven initiatives related to community development, housing production, workforce training and economic opportunity, childcare and early education initiatives and climate resilience initiatives, including nature-based solutions projects, that incorporate these elements, across the commonwealth within individual communities, regions or a defined subset of communities therein; provided, that funds may be expended for culturally competent and multi-lingual technical assistance and training to small businesses; provided further, that preference for these funds shall be given to businesses located in low- or moderate-income areas and owned by women, veterans, minorities or immigrants; and provided further, that grants shall be awarded in a manner that promotes geographic equity... $10,000,000
7002-8033.. For an employment social enterprise capital grant program to be administered by the executive office of housing and economic development, in consultation with the executive office of labor and workforce development, for the development of eligible facilities for non-profit employment social enterprises that sell goods and services and enhance economic development; provided, that eligible applicants shall be non-profit organizations operating employment social enterprises targeting individuals facing significant barriers to employment; provided further, that grants to non-profits shall support costs associated with the acquisition of real property, the design, construction, repair, rehabilitation or renovation of an eligible facility and soft costs directly related to the development of an eligible facility; provided further, that eligible employment social enterprises shall offer paid employment opportunities to low-income individuals, with priority to socially and economically disadvantaged populations who experience complex needs and barriers to employment that require intensive interventions; provided further, that eligible organizations shall provide the following services for targeted individuals as an integrated part of their paid employment in a social enterprise: (i) outreach to targeted populations; (ii) on-the-job training and skill development, including worksite supervision and performance coaching; (iii) comprehensive supportive services for at least 1 year, including, but not limited to, case management, aimed at helping to overcome barriers to employment; (iv) assistance to obtain external employment; and (v) job retention services which includes follow up with beneficiaries for at least 1 year and employers to support job retention and advancement; provided further, that prioritization for grant awards shall be given to organizations: (a) targeting low-income communities specifically aimed at reducing social and economic inequities, including, but not limited to, inequities affecting individuals who have faced racial or ethnic prejudice; (b) serving high-risk populations that can demonstrate a significant social return on investment; and (c) providing goods and services that can demonstrate a positive community or environmental impact; provided further, that grants shall be awarded in a manner that promotes geographic, social, racial, and economic equity; and provided further, that not less than $2,700,000 shall be expended to UTEC, Inc. for costs associated with the acquisition, design, construction and renovation of buildings to provide programming, training, instruction, manufacturing, distribution, retail or storage for the purpose of providing a pathway to social and economic success for high-risk young adults................................ $27,700,000
7002-8034.. For the Commonwealth Zoological Corporation established in section 2 of chapter 92B of the General Laws, for costs associated with the preparation of plans, studies and specifications, repairs, construction, renovations, improvements, maintenance, asset management and demolition and other capital improvements including those necessary for the operation of facilities operated by Zoo New England, including the Franklin Park Zoo and the Walter D. Stone Memorial Zoo; provided, that not less than $2,500,000 shall be used for construction and be required to have a one-to-one match; provided further, that grants shall be awarded in a manner that promotes geographic equity; and provided further, that Zoo New England shall provide a matching amount equal to $1 for every $1 disbursed from this item............................................. $12,500,000
7002-8035.. For the Massachusetts Growth Capital Corporation established in section 2 of chapter 40W of the General Laws, to provide working capital loans to small businesses severely impacted by the 2019 novel coronavirus pandemic; provided, that funds shall include, but not be limited to, employee payroll and benefit costs, mortgage interest, rent, utilities and interest on other debt obligations; provided further, that loan amounts dispersed under this item shall not require repayment if the loan recipient: (i) expends the entirety of the loan payment on employee payroll and benefit costs, mortgage interest, rent, utilities and interest on other debt obligations and not less than 60 per cent of the loan payment on payroll and benefit costs; (ii) maintains the same or greater number of employees as the period prior to the governor's March 10, 2020 declaration of a state of emergency relative to the 2019 novel coronavirus pandemic; and (iii) maintains employee wage or annual salary levels at not less than 75 per cent as the period prior to the governor's March 10, 2020 declaration of a state of emergency relative to the 2019 novel coronavirus pandemic; provided further, that priority in awarding grants shall be given to: (i) businesses that serve areas of the commonwealth particularly impacted by the outbreak of the 2019 novel coronavirus pandemic; and (ii) businesses that have not received aid from federal programs related to the 2019 novel coronavirus; provided further, that not less than $20,000,000 shall be made available to minority-owned, women-owned immigrant-owned, and veteran-owned businesses; provided further, that loans shall be awarded in a manner that promotes geographic equity; and provided further, that not later than April 1, 2021, the Massachusetts Growth Capital Corporation shall submit a report to the house and senate committees on ways and means detailing: (i) loan recipients; (ii) loan amounts by recipient; and (iii) any additional criteria considered in the awarding of loans and in determining loan forgiveness................... $30,000,000
7002-8036.. For local economic development projects; provided, that not less than $500,000 shall be expended to the Boch Center for capital improvements needed to safely reopen the Wang and Shubert theatres located in the city of Boston; provided further, that not less than $500,000 shall be expended for the department of veterans' services to develop and operate a 3-year pilot program to assist veterans and members of the Massachusetts National Guard in transitioning their military skill sets into civilian skill sets; provided further, that the program shall focus on priorities including, but not limited to: (i) assisting veterans and members of the Massachusetts National Guard in navigating applicable professional licensure requirements; (ii) providing analysis of veterans' and members' of the Massachusetts National Guard current skill sets; and (iii) matching military skill sets with civilian workforce skill sets, particularly in those areas of the civilian workforce with a need for additional skilled workers; provided further, that the department shall submit annual reports to the clerks of the senate and the house of representatives, the joint committee on veterans and federal affairs, the joint committee on labor and workforce development and the house and senate committees on ways and means detailing the results of the pilot program including, but not limited to: (a) the number of veterans placed in civilian jobs; (b) the number of women veterans participating in the program; (c) the types of jobs veterans were placed in; (d) the number of veterans who required assistance with navigating professional licensure requirements; (e) the efficacy of the pilot program in assisting veterans in finding civilian employment; and (f) an analysis of remaining barriers facing veterans transitioning to civilian jobs; provided further, that at the conclusion of the 3-year pilot program, the annual report shall also include any draft legislation or recommendations for funding to continue or improve the program; provided further, that not less than $300,000 shall be expended for the removal of a blighted structure on Main street, in the town of Ware; provided further, that not less than $250,000 shall be expended for Springfield Neighborhood Housing Services, Inc. in the city of Springfield for capitalization of the revolving loan funds program; provided further, that not less than $250,000 shall be expended for Revitalize CDC in the city of Springfield for the GreenNFit Neighborhood Rebuild program; provided further, that not less than $200,000 shall be expended for improvements to telecommunications and electric infrastructure in order to facilitate the extension of internet service infrastructure to properties on Pamet Point road, Old County road and Bound Brook Island road in the towns of Wellfleet and Truro; provided further, that not less than $500,000 shall be expended in equal amounts to the towns of Avon, Braintree, Canton, East Bridgewater, Easton, Milton, Randolph, Sharon, Stoughton and West Bridgewater for local economic development projects; provided further, that not less than $400,000 shall be equally expended for business development, infrastructure and streetscape improvements to the towns of Abington, Holbrook, Rockland and the city known as the town of Braintree; provided further, that not less than $500,000 shall be expended for costs associated with establishing a health and life science center at Greenfield Community College, including, but not limited to, design and engineering studies, that will support the expansion of the health science workforce; provided further, that not less than $100,000 shall be expended for business development, infrastructure and streetscape improvements in Wollaston center in the city of Quincy; provided further, that not less than $500,000 shall be expended for a downtown trolley implementation pilot program between the city of Peabody and the city of Salem; provided further, that $55,000 shall be expended to Lazarus House, Inc., for the construction, reconstruction and renovation of the Holly Street Shelter to support self-sufficiency and housing stability; provided further, that not less than $1,000,000 shall be expended for the University of Massachusetts at Amherst to establish new testing and piloting facilities and upgrade existing facilities and equipment for the advancement of water technology and testing; provided further, that $100,000 shall be expended to Lazarus House, Inc. for renovations to their soup kitchen to improve their respite and supportive services for the purpose of providing a pathway to social and economic success to low-income or homeless residents of the Greater Merrimack Valley; provided further, that not less than $100,000 shall be expended for urban and community forestry greening in the city of Malden; provided further, that not less than $300,000 shall be expended for the department of housing and community development to create a Cape Cod and Islands Covid-19 Workforce Housing Relief Fund to be managed and administered by the Housing Assistance Corporation to provide funds for any combination of property acquisition, soft costs or gap construction funding in order to develop housing for low-to-moderate income year-round residents of Cape Cod, Martha's Vineyard and Nantucket; provided further, that said fund shall have funds available for expenditure for fiscal years 2021 to 2026, inclusive, based on a plan to be submitted by the Housing Assistance Corporation in consultation with the Falmouth Housing Trust, Inc., the Lower Cape Community Development Corporation, the Cape Cod commission, the Martha's Vineyard commission, the town of Nantucket, the Island Housing Trust Corporation and Housing Nantucket; provided further, that not less than $250,000 shall be provided to the Community Development Corporation of Southern Berkshire, Inc. for the remediation of 100 Bridge street in the town of Great Barrington; provided further, that not less than $200,000 shall be expended for the Berkshire Family Young Men's Christian Association, Inc. in the city of Pittsfield for facility renovations; provided further, that not less than $50,000 shall be provided to the Senior Center Consortium representing the towns of Ashfield, Buckland and Shelburne and the western Franklin county region for the project management and design of the renovation and expansion of the senior center in the village of Shelburne Falls; provided further, that not less than $100,000 shall be expended for the planning, design and construction of municipal buildings in the town of Wilmington; provided further, that not less than $100,000 shall be expended for economic development improvements on the state highway route 113 corridor located in the towns of Groveland and West Newbury; provided further, that not less than $350,000 shall be expended for the town of Falmouth to administer a grant program to support small businesses in reopening and resuming their operations by assisting in paying costs associated with rent, utilities, staffing, insurance and the cost of required personal protection equipment; provided further, that not less than $250,000 shall be expended for Project Mission, a non-profit organization dedicated to build and advance financial empowerment and self-reliance among Latino and immigrant families; provided further, that not less than $275,000 shall be expended to the Newton Housing Authority in the city of Newton for the purpose of replacing in-unit natural gas appliances, including stoves, ranges, dryers and water heaters, with electric appliances; provided further, that not less than $250,000 shall be expended for a feasibility study to identify an optimal location and operational model for a parking structure within the transit-oriented development district in the downtown section of the city of Attleboro; provided further, that not less than $250,000 shall be expended for the demolition, cleanup and development of the former Attleboro Dye Works site located on Maple avenue adjacent to the Ten Mile river in the town of Seekonk; provided further, that not less than $75,000 shall be expended to the Wellesley Housing Authority in the town of Wellesley for the purpose of replacing in-unit natural gas appliances, including stoves, ranges, water heaters and dryers, with electric appliances; provided further, that not less than $5,000,000 shall be transferred to the aquaculture innovation fund within the department of agricultural resources established in section 125 of chapter 128 of the General Laws; provided further, that not less than $200,000 shall be expended for tourism development, including, but not limited to, signage and pedestrian accommodations, in the towns of Essex, Manchester-by-the-Sea and Rockport and the city of Gloucester; provided further, that not less than $500,000 shall be expended to Salisbury Beach Partnership, Inc., a 501(c)(3) non-profit organization, for the purchase and restoration of the historic carousel at Salisbury beach in the town of Salisbury; provided further, that not less than $165,000 shall be expended for the planning, purchase and installation of electric vehicle charging stations in the town of Bedford; provided further, that not less than $165,000 be expended for the planning, purchase and installation of electric vehicle charging stations in the city of Waltham; provided further, that not less than $165,000 shall be expended for the planning, purchase and installation of electric vehicle charging stations in the town of Carlisle; provided further, that not less than $500,000 shall be expended for the Massachusetts Biomedical Initiatives, Inc. to support academic-based research and development, to raise scientific awareness and to support initiatives to increase diversity in the fields of life sciences and biotechnology; provided further, that not less than $75,000 shall be expended for the Pilgrim Hall museum in the town of Plymouth to support necessary capital improvements; provided further, that not less than $500,000 shall be expended to the city of Boston for activation, beautification and enhancements of public spaces in commercial districts and for the expansion of the ReStore program to include indoor improvements and capital needs for small businesses associated with reopening during the 2019 novel coronavirus; provided further, that not less than $75,000 shall be expended for the Plymouth Antiquarian Society to support necessary capital improvements; provided further, that not less than $300,000 shall be expended to the town of Maynard for traffic control measures at the Assabet River rail trail crossing; provided further, that not less than $325,000 shall be expended to the Neponset River Regional Chamber for businesses in the town of Norwood that were impacted by the June 28, 2020 rainstorm; provided further, that not less than $125,000 shall be expended for the Bussey Brook Boardwalk as part of the Roslindale Gateway Path project located in the Roslindale section of the city of Boston; provided further, that not less than $50,000 shall be expended for the Roslindale Village Main Street, Inc. Wayfinding and Placemaking Initiatives located in the Roslindale section of the city of Boston; provided further, that not less than $125,000 shall be expended for costs associated with the vocation technical training program at the Blackstone Valley Education Hub; provided further, that not less than $100,000 shall be expended for costs associated with the renovation of the Milford Area Chamber of Commerce office and the purchase of equipment, computers and software; provided further, that not less than $500,000 shall be expended equally to the city of Worcester and the towns of Auburn, Grafton, Leicester, Millbury, Northbridge, Shrewsbury and Upton for economic development purpose; provided further, that not less than $100,000 shall be expended to the town of Hudson for improvements to the Hudson Housing Authority community room; provided further, that not less than $250,000 shall be expended to design a waterfront park in the city of Chelsea; provided further, that not less than $100,000 shall be expended for costs associated with the renovation of the Italian American World War II Veterans of the United States, Post No. 40, building in the town of Milford; provided further, that not less than $78,000 shall be expended for Choices4Teens Mentoring Group Inc. in the city of Brockton to acquire, upgrade and maintain technology and equipment; provided further, that not less than $75,000 shall be expended for costs associated with the repair of the Sacarrappa bridge in the town of Oxford; provided further, that not less than $100,000 shall be expended to the town of Shirley for improvements to the War Memorial Building that comply with the federal Americans with Disabilities Act; provided further, that not less than $100,000 shall be expended for an economic development master plan for the town of Sterling; provided further, that not less than $50,000 shall be expended for the celebration of the Schooner Ernestina-Morrissey return to the city of New Bedford in collaboration with the Massachusetts Maritime Academy, Schooner Ernestina-Morrissey Advisory Board, Schooner Ernestina-Morrissey Association, Inc., Cape Verdean Association in New Bedford, Inc. and the city of New Bedford; provided further, that not less than $100,000 shall be expended for the Zeiterion Theatre in the city of New Bedford to safely and sustainably reopen to the public, including, but not limited to, for outdoor cultural events and concerts in downtown New Bedford; provided further, that not less than $75,000 shall be expended for a land geo-technical feasibility study for economic development in the town of Westminster; provided further, that the unexpended balance in item 7066-8110 of chapter 113 of the acts of 2018 shall be made available for the purposes of renovating the University of Massachusetts at Dartmouth Star Store college of visual and performing arts campus in the city of New Bedford into a twenty-first century arts and design hub connecting downtown arts, commerce and entertainment to working waterfront venues and activities, including expanded mixed use at the New Bedford state pier; provided further, that funds shall be made available for immediate site readiness needs for mixed-use development at the New Bedford State Pier in the city of New Bedford in accordance with section 58 of chapter 228 of the acts of 2018; provided further, that such funds shall be in addition to the unexpended balance in item 6720-1350, as authorized in chapter 286 of the acts of 2014, to carry out the mixed-use development of the pier which may include, but shall not be limited to, water-dependent cargo, commercial fishing, marine transportation, marine educational facilities, fresh produce and seafood markets and other uses related to tourism and public recreation connecting the working waterfront to the arts and culture center in the downtown area of the city of New Bedford; provided further, that not less than $100,000 shall be expended for costs associated with economic development projects in the town of Millville; provided further, that not less than $250,000 shall be expended for capital improvements and technology upgrades for training, academic credit certificates and associate degree programs in high-demand fields for Springfield Technical Community College in the city of Springfield; provided further, that not less than $500,000 be expended for a competitive grant program to be administered by the department of early education and care for licensed early education and care providers in the city of Attleboro and the towns of Franklin, Millis, Natick, Needham, Norfolk, North Attleborough, Plainville, Sherborn, Wayland, Wellesley and Wrentham for the purpose of defraying fixed operating costs and costs associated with modifications to early education and care services necessitated by the COVID-19 public health emergency to be awarded based on demonstrated financial need and current reopening status or future plans to reopen during the pandemic; provided further, that not less than $50,000 shall be expended for improvements to the biology laboratory in Wilson hall at Westfield State University in the city of Westfield; provided further, that not less than $125,000 shall be expended to Valley Opportunity Council, Inc., in the city of Chicopee for capital improvements to facilities and technology used for the workforce development programs that it administers; provided further, that not less than $100,000 shall be expended for developing automated city services in the city of Melrose; provided further, that not less than $500,000 shall be expended for a zero interest small business revolving loan fund to be administered by the South Eastern Economic Development Corporation in the city of Taunton for small business owners for general business purposes that have been impacted by COVID-19 in the towns of Berkley, Carver, Dighton, Marion, Middleborough, Raynham and Wareham, the city of Taunton and the city known as the town of Bridgewater; provided further, that not more than 12 per cent of the amount appropriated in this item shall be retained by the South Eastern Economic Development Corporation for technical loan services and for the administration of the program; provided further, that not less than $125,000 shall be expended to the Springfield Cultural Partnership Incorporated in the city of Springfield for capital improvements to make upgrades to cultural and arts programs to encourage tourism; provided further, that not less than $300,000 shall be expended to the city of Malden for economic development and environmental remediation projects along the Malden river and Roosevelt park; provided further, that not less than $100,000 shall be expended for improvements to the snack shack located at the South Common recreation fields in the town of Berlin; provided further, that $200,000 shall be expended to the city of Lowell for economic development programming; provided further, that not less than $100,000 shall be expended for expanded wireless internet service in the city of Gardner; provided further, that $100,000 shall be expended to the town of Westford for economic development programming; provided further, that $50,000 shall be expended to the town of Groton for economic development programming; provided further, that $50,000 shall be expended to the town of Pepperell for economic development programming; provided further, that not less than $200,000 shall be expended for the Massachusetts Veterans and Warriors to Agriculture Program Fund; provided further, that not less than $250,000 shall be expended to construct a roadway connector from Santilli highway to Rivergreen Business Park in the city of Everett; provided further, that $50,000 shall be expended to the town of Dunstable for economic development programming; provided further, that not less than $450,000 shall be expended to the towns of Granville, Montgomery, Tolland and Russell for the expansion of broadband internet access; provided further, that not less than $10,000,000 shall be expended for a grant program administered by the department of elementary and secondary education for community after school and out-of-school time programs to support community partnerships, workforce training and health and safety expenses related to the 2019 novel coronavirus in preparation for the 2020-2021 school year; provided further, that not less than $500,000 shall be expended for a competitive grant program administered by the executive office of housing and economic development for startup companies; provide further, that a "startup company" shall be defined as a newly emerged business venture that aims to develop a viable business model to meet a marketplace need; provided further, that the executive office shall promulgate parameters of eligibility and guidelines for application to the grant program and that the program shall be open for applications not later than December 1, 2020 and the funding shall be awarded to selected applicants not later than July 1, 2021; provided further, that the executive office shall submit a report to the clerks of the house and senate detailing the progress of the pilot program as well as the economic results of the grants on the recipient startup companies not later than December 1, 2021; provided further, that not less than $100,000 shall be expended for information technology and broadband infrastructure improvements and upgrades along state highway route 79 and to municipal buildings and structures in the town of Lakeville; provided further, that not less than $200,000 shall be expended for high-speed broadband infrastructure improvements and upgrades to support businesses and economic development along Swansea Mall drive in the town of Swansea; provided further, that not less than $1,000,000 shall be expended for economic development and housing infrastructure improvements in the Flint neighborhood area adjacent to and along Pleasant street in the city of Fall River; provided further, that not less than $500,000 shall be expended for economic development improvements in the Slade's Ferry Commercial district in the town of Somerset; provided further, that not less than $2,000,000 shall be expended for grants supporting small businesses and workforce development programs in the MetroWest region, including the cities of Framingham and Franklin and the towns of Ashland, Holliston, Hopkinton, Medway and Natick; provided further, that not less than $500,000 shall be expended for renovations and improvements of the Agganis Sports Complex in the city of Lynn; provided further, that not less than $1,000,000 shall be expended for costs associated with, but not limited to, design and engineering studies, acquiring and improving real property and other costs for an advanced manufacturing research, development and small batch production laboratory known as the Eruptor Lab in the town of Amherst; provided further, that not less than $500,000 shall be expended to fund capital improvements related to health and safety standards for early childcare facilities at United South End Settlements in the city of Boston; provided further, that not less than $500,000 shall be expended for the Natick Center Associates, Inc. for economic development in Natick center to assist in recovery from the combined effects of the 2019 fire and the 2019 novel coronavirus pandemic; provided further, that not less than $150,000 shall be expended to the town of Millis for economic development; provided further, that not less than $150,000 shall be expended for the Sherborn Business Association, Inc. for revenue lost due to the 2019 novel coronavirus pandemic; provided further, that not less than $100,000 shall be expended to the Center for Arts in Natick, Inc. for revenue lost due to the 2019 novel coronavirus pandemic; provided further, that not less than $300,000 shall be expended for the executive office of housing and economic development to contract with a non-profit, which has a proven model for engagement with no less than 5 years of experience establishing connections between innovative products and Massachusetts-based manufacturers and suppliers, to build-out programming that assists startups with preparing to scale manufacturing and sourcing their supply chains to manufacturers from all regions in the commonwealth; provided further, that not less than $75,000 shall be expended to the South End Community Center of Springfield, Inc. community youth corps program in the city of Springfield; provided further, that not less than $75,000 shall be expended to the town of Hudson for a pilot commuter shuttle service linking employees to the Southborough commuter rail which makes stops in employment hubs such as Boston, Worcester and Framingham; provided further, that not less than $50,000 be expended to the disability commission of the city of Framingham; provided further, that not less than $200,000 shall be expended for capital improvements to the Cabot theatre in the city of Beverly; provided further, that not less than $500,000 shall be expended to Greenfield Community College for the development of a SIMS lab; provided further, that not less than $500,000 shall be expended for the Stationery Factory, LLC in the town of Dalton for accessibility improvements; provided further, that not less than $150,000 shall be expended to the community revitalization fund run by the Greater Northampton Chamber of Commerce, Inc., the Florence Civic and Business Assoc., Inc. and the Downtown Northampton Association to support losses by Northampton, Florence and Leeds small businesses due to the 2019 novel coronavirus pandemic; provided further, that not less than $250,000 shall be expended to the town of Wakefield for building refurbishments for the Albion cultural exchange to ensure accessibility to second-floor artist lofts; provided further, that not less than $100,000 shall be expended to the city of Melrose for reconstruction of the friends parking lot in the downtown commercial district to support transit-oriented housing development efforts; provided further, that not less than $100,000 shall be expended for All Aces, Inc. in the city of Boston to provide equitable relief relative to impacts caused by the 2019 novel coronavirus pandemic; provided further, that not less than $150,000 shall be expended for the New North Citizens Council, Inc. for youth and senior information technology data instruction programming; provided further, that not less than $25,000 shall be expended for the New England Center for Arts and Technology, Inc. for career training in the restaurant industry; provided further, that not less than $100,000 shall be expended for reimbursements for expenditures related to the 2019 novel coronavirus pandemic, including but not limited to personal protective equipment, in the town of Ipswich; provided further, that not less than $100,000 shall be expended for the Kingston Business Association, Inc. for revenue lost during the 2019 novel coronavirus pandemic; provided further, that not less than $250,000 shall be expended for the historic restoration of the Governor Bellingham-Cary house in the city of Chelsea; provided further, that not less than $200,000 shall be expended for capital improvements to the Charlestown Working Theater, Inc. in the Charlestown section of the city of Boston; provided further, that not less than $100,000 shall be expended for the Homeless Prevention Council, Inc. in lower cape cod to support self-sufficiency and housing stability; provided further, that not less than $150,000 shall be expended for the Cape Cod commission for the application and administration of early education funding and grants; provided further, that not less than $100,000 shall be expended for Smart from the Start, Inc. in the city of Boston; provided further, that not less than $150,000 shall be expended for economic development in the town of Pembroke; provided further, that not less than $400,000 shall be expended for the New North Citizen Council, Inc. for a minority community down payment and closing costs assistance program; provided further, that not less than $350,000 shall be expended for the Talking Information Center, Incorporated in the town of Marshfield to provide supports to radio reading services for visually impaired and otherwise disabled listeners across Massachusetts; provided further, that not less than $50,000 shall be expended for funding to conduct a study to investigate opportunities in the opportunity zones in the city of Framingham; provided further, that not less than $20,000 shall be expended for the Framingham History Center, Inc; provided further, that not less than $500,000 shall be expended for the blue economy initiative at the University of Massachusetts at Dartmouth for the flume tank for ocean technology research and development; provided further, that not less than $100,000 shall be expended for infrastructure improvements and federal Americans with Disabilities Act-compliant upgrades to the bathhouse and boathouse at West beach located on West Rodney French boulevard in the city of New Bedford; provided further, that not less than $25,000 shall be expended for the town of Dracut for investments in economic development; provided further, that not less than $150,000 shall be expended for the Wayside Inn Foundation in the town of Sudbury; provided further, that not less than $285,000 shall be expended for the study of improvements to and redevelopment of commercial districts in the town of Brookline; provided further, that not less than $56,000 shall be expended for the Arlington Historical Society for maintenance, refurbishment, and replacement of critical assets at the Jason Russell house and the Smith museum cultural attractions; provided further, that not less than $250,000 shall be expended for the town of Belmont for costs associated with designs for the community path to connect town centers; provided further, that not less than $750,000 shall be expended for the Fitchburg State University theater block renovations; provided further, that not less than $250,000 shall be expended for the New England Historic Genealogical Society for revenue lost during the 2019 novel coronavirus pandemic; provided further, that not less than $250,000 shall be expended for costs related to a wastewater treatment facility in the town of Southborough; provided further, that not less than $150,000 shall be expended for changes in gas line sizing to increase capacity in the town of Leicester; provided further, that not less than $250,000 shall be expended for the Malden department of public works to aid the purchase of new equipment; provided further, that not less than $50,000 shall be expended for the city of Malden to aid the purchase of new equipment for the Malden fire department; provided further, that not less than $50,000 shall be expended for the city of Malden to aid the purchase of new safety equipment for the Malden police department; provided further, that not less than $1,000,000 shall be expended for the city of Malden for repairs to public parking garages to continue to revitalize Malden center; provided further, that not less than $250,000 shall be expended for the city of Malden for federal Americans with Disabilities Act-compliant upgrades to the Oak Grove community center; provided further, that not less than $75,000 shall be expended for marketing materials for the promotion of a rural development district in the town of Leicester; provided further, that not less than $100,000 shall be expended for the establishment of an advanced manufacturing innovation village in the village of Rochdale in the town of Leicester; provided further, that not less than $1,000,000 shall be expended for the city of Newton for the rehabilitation of the Gath memorial pool; provided further, that not less than $1,000,000 shall be expended for the towns of Burlington and Bedford for use by each municipality to prepare unleased, pre-permitted commercial space for use by the life science industry, including costs of planning and utilities; provided further, that the funds shall be split evenly unless otherwise agreed by the municipalities; provided further, that not less than $100,000 shall be expended for the Worcester urban agenda food hub of the Worcester regional chamber of commerce to provide targeted, in-depth and hands-on support to diverse urban food entrepreneurs in the city of Worcester; provided further, that not less than $30,000 shall be expended for the Care Center of Holyoke; provided further, that not less than $100,000 shall be expended for the city of Pittsfield to use as a site readiness grant to support the preparation of properties on Technology drive in Pittsfield for commercial development and use; provided further, that not less than $50,000 shall be expended to the town of Great Barrington for a feasibility study for the merger of the Great Barrington water district; provided further, that not less than $100,000 shall be expended for land acquisition for senior housing in the town of Lenox; provided further, that not less than $150,000 shall be expended for the Wayland housing authority; provided further, that not less than $150,000 shall be expended for the Sudbury housing trust; provided further, that not less than $50,000 shall be expended to the Berkshire regional planning commission for a regional overlay study of cell towers in Berkshire county; provided further, that not less than $20,000 shall be expended to Berkshire Grown, Inc. for a feasibility study for a meat processing facility in Berkshire county; provided further, that not less than $30,000 shall be expended to Girls Inc. of the Valley for partnering with Holyoke public schools to provide STEM training through its eureka program at the University of Massachusetts at Amherst; provided further, that not less than $35,000 shall be expended for economic development in the town of Grafton; provided further, that not less than $35,000 shall be expended for economic development in the town of Northbridge; provided further, that not less than $30,000 shall be expended for economic development in the town of Upton; provided further, that not less than $1,000,000 shall be expended for the redevelopment of the downtown corridor in the town of Winchester; provided further, that not less than $1,000,000 shall be expended to the parks and recreation department of the city of Newton to be combined with partnering funds from the city to support the design, repair, renovation, improvement and construction of a modern facility at Crystal lake public beach to replace the old bathhouse, to support tourism and recreational needs of Crystal lake; provided further, that not less than $500,000 shall be expended for the expansion of the Mary Cruise Kennedy Senior Center in the city of Brockton; provided further, that not less than $500,000 shall be expended for maintenance, repairs and additions to the Brockton Cape Verdean Association building; provided further, that not less than $1,000,000 shall be expended for the planning and development of a regional transit service in the town of Stoneham; provided further, that not less than $500,000 shall be expended for design funding for sewer, roadway and pedestrian infrastructure improvement in the Easton Industrial Park in the town of Easton; provided further, that not less than $50,000 shall be expended for the revitalization, repair, and electrical upgrades of the Robert Goddard Rocket and Fountain area in Goddard park in the town of Auburn; provided further, that not less than $250,000 shall be expended for free remote field trip experiences for Massachusetts schools by the Boston Museum of Science on the topics of science, technology, engineering and mathematics; provided further, that not less than $250,000 shall be expended for, in consultation with the department of conservation and recreation, renovations and improvements to the historic Stone Building in Hemlock Gorge in Wellesley to establish a visitor center, including but not limited to: improvements to the interior and exterior of the building, the building's immediate surroundings and the development of a paved trail from the parking lot on Ellis street in Newton along Route 9 to the Stone building, connecting to the sidewalk along the south side of Route 9 in Wellesley; provided further, that not less than $75,000 shall be expended for the Stoneham Historical Society, Inc. to increase remote access to enhance and provide remote programming; provided further, that not less than $50,000 shall be expended for the renovation of the playground at the West Somerville Neighborhood school in the city of Somerville; provided further, that not less than $75,000 shall be expended for the Winchester Historical Society, Inc. to increase remote access to enhance and provide remote programming; provided further, that not less than $250,000 shall be expended to support the capital costs at the Colonel Floyd Apartments in the town of Brookline; provided further, that not less than $10,000 shall be expended for the Massachusetts Alliance for Portuguese Speakers Framingham office; provided further, that not less than $10,000 shall be expended for the Framingham public schools drama department; provided further, that not less than $500,000 shall be expended for a laundry facility at the Bunker Hill housing development in the Charlestown section of Boston; provided further, that not less than $10,000 shall be expended for Downtown Framingham Inc.; provided further, that not less than $10,000 shall be expended for Amazing Things Arts Center, Inc; provided further, that not less than $20,000 shall be expended for the Ashland Community Theatre; provided further, that not less than $10,000 shall be expended for the city of Framingham for funding for professional and technical consultants in order to undertake a downtown parking study; provided further, that not less than $20,000 shall be expended for the Ashland Historical Society; provided further, that not less than $10,000 shall be expended for the Ashland housing authority; provided further, that not less than $100,000 shall be expended for the Weymouth Teen Center Jobs program; provided further, that not less than $50,000 shall be expended for the implementation of a parking management program in downtown Reading; provided further, that not less than $50,000 shall be expended for the town of Scituate for economic development in the North Scituate business district; provided further, that not less than $50,000 shall be expended for technology upgrades to the Willis Ave Community Center in the city of Medford; provided further, that not less than $50,000 shall be expended for cultural and educational programs for the senior center and the Ventress Memorial Library of the town of Marshfield; provided further, that not less than $15,000 shall be expended for the Hitchcock Center for the Environment, Inc. in Amherst for expenses related to virtual tours and educational programming; provided further, that not less than $15,000 shall be expended for The Eric Carle Museum of Picture Book Art, Inc. in Amherst for expenses related to virtual tours and programming; provided further, that not less than $15,000 shall be expended for the National Yiddish Book Center, Inc. in Amherst for expenses related to virtual tours and programming; provided further, that not less than $20,000 shall be expended for the Amherst Cinema Center, Inc. for revenue lost during the 2019 novel coronavirus pandemic and needed modifications to ensure adherence to public health guidelines; provided further, that not less than $40,000 shall be expended for the Taunton Council on Aging for the purchasing of supplies and hiring of qualified staff to increase program offerings to seniors in order to reduce social isolation and improve health and mental health in respond to the 2019 novel coronavirus pandemic; provided further, that not less than $50,000 shall be expended for the Methuen Arlington Neighborhood, Inc. for workforce development training for young men and women; provided further, that not less than $50,000 shall be expended for the Amherst Business Improvement District, Inc. to provide economic relief to restaurants in distress as a result of the 2019 novel coronavirus pandemic health or economic crisis in the town of Amherst ; provided further, that not less than $75,000 shall be expended for the Methuen Arlington Neighborhood District for façade and signage to promote local, small businesses; provided further, that not less than $75,000 shall be expended for The Downtown Amherst Foundation, Inc. in its efforts to revitalize downtown Amherst; provided further, that not less than $100,000 shall be expended for the city of Lawrence for the rehabilitation of the handball court located at the corner of Oxford street and Lowell street; provided further, that not less than $125,000 shall be expended for the Methuen Arlington Neighborhood, Inc. community center in the city of Methuen for youth recreational programming; provided further, that not less than $150,000 shall be expended for the city of Watertown for business assistance grants for store redesign, outside seating and other improvements to ensure safe business operations during the 2019 novel coronavirus pandemic; provided further, that not less than $150,000 shall be expended for a public facilities planning study to result in new housing and economic development opportunities in the downtown of the city of Methuen; provided further, that not less than $200,000 shall be expended to the town of Andover for upgrades to the Andover Senior Center; provided further, that not less than $250,000 shall be expended for strategic planning and pre-development expenditures resulting in a mixed-use and historic preservation project at the Searles Estate in the city of Methuen; provided further, that not less than $250,000 shall be expended for the Amherst Municipal Affordable Housing Trust to be used to develop and secure affordable housing; provided further, that not less than $250,000 shall be expended for the town of Amherst to use to develop climate resilience affordable multi-family units, upon receiving LEED Gold or LEED silver certification; provided further, that not less than $300,000 shall be expended for the town of Littleton for costs associated with the expansion of commuter parking at the Littleton Massachusetts Bay Transportation Authority train station; provided further, that not less than $500,000 shall be expended for the city of Lawrence for the construction of a footbridge along the Lawrence Rail Trail; provided further, that not less than $450,000 shall be expended for a gateway identification, signage, wayfinding and beautification program for economic development districts in the city of Methuen; provided further, that not less than $150,000 be ; provided to the town of Braintree for economic development; provided further, that not less than $250,000 shall be expended for Northeastern University for equipment and infrastructure at its Technology Research Center in Burlington; provided further, that not less than $250,000 shall be expended for design, construction and making safety and other improvements to roadways and sidewalks, and to improve pedestrian and bicycle safety, including a crosswalk, at Soldiers Field road at William F. Smith Playground in the city of Boston; provided further, that not less than $100,000 shall be expended for the Leo M. Birmingham Parkway Trust Fund which shall be used for the purposes of advancing recreational, educational, and conservation interests including, but not limited to, the maintenance of facilities and infrastructure improvements for the parcel of land; provided further, that not less than $150,000 shall be expended for the town of Wilmington and its development committee for consultation services to develop, promote and retain small businesses within the town of Wilmington; provided further, that not less than 25,000 shall be expended for Roslindale Village main streets in the city of Boston for training and resources; provided further, that not less than $1,500,000 shall be expended for Roca, Inc. to provide and administer a transitional employment program to at-risk, court involved young people and adults; provided further, that not less than $1,000,000 shall be made available to the Dorchester Bay Economic Development Corporation, in matching grants for low-income housing developments in which at least 50 per cent of units are affordable; provided further, that not less than $1,000,000 shall be made available to the Codman Square Neighborhood Development Corporation, in matching grants for low-income housing developments in which at least 50 per cent of units are affordable; provided further, that not less than $300,000 shall be expended for the department of transitional assistance to establish a telephone hotline to provide residents of the commonwealth information and consultation on program benefits, program eligibility, application processes and intersectionality with other programs facilitated by agencies including, but not limited to, the executive office of housing and economic development, the executive office of labor and workforce development and the executive office of education; provided further, that not less than $500,000 shall be expended to establish an online platform in order to conduct and provide services, communication and support for non-profits, charitable organizations and other mission-oriented institutions impacted by the 2019 novel coronavirus pandemic; provided further, that not less than $2,000,000 shall be expended for grants to be made available for seafood processing facilities for the purposes of mechanical or technological upgrades necessary to: (i) combat the effects of the 2019 novel coronavirus pandemic on supply chains, processing, distribution and sale of seafood products; (ii) limit the transmission of the 2019 novel coronavirus among the workforce; and (iii) undertake any further compliance measures in response to executive orders issued related to the declaration of the state of emergency beginning as of March 10, 2020; provided further, that not less than $100,000 shall be expended for the Canton housing authority for the renovation, reconstruction and improvement of existing housing units under the authority's control; provided further, that not less than $1,000,000 shall be expended for the Massachusetts Food Trust Program established by section 65 of chapter 23A of the General Laws; provided further, that not less than $500,000 shall be expended for the office of travel and tourism to expand and promote agriculture tourism in the aquaculture and cranberry industries; provided further, that not less than $2,000,000 shall be expended for the New North Citizen's Council, Inc. in Springfield for programming at the Barbara Rivera Community Center, including youth programs, HIV outreach, family support, disabled and the community welcome center, to help individuals from housing and food bank programs; provided further, that not less than $150,000 shall be expended for the town of Tewksbury and its development committee for consultation services to develop, promote and retain small businesses within the town of Tewksbury; provided further, that not less than $300,000 shall be expended for Taunton public schools for the adoption of a new English language arts program to provide online access for students and families to address equity and learning gaps; provided further, that no less than $25,000 shall be expended for Mission Hill Main Streets, Inc. in the city of Boston for training and resources; provided further, that not less than $1,000,000 shall be expended for the town of Arlington for the redesign of the Arlington Heights Commercial Corridor; provided further, that not less than $500,000 shall be expended for the town of Arlington for improvements to Arlington center and Whittemore park; provided further, that not less than $500,000 shall be expended for the town of Arlington for the Arlington workforce training program; provided further, that not less than $400,000 shall be expended for the town of Randolph to be used for business district revitalization efforts; provided further, that not less than $25,000 shall be expended to JP Centre and South Main Streets in the city of Boston for training and resources; provided further, that not less than $5,000,000 shall be expended for the relocation of Springfield Technical Community College's Allied Health Service Programs in Building 20 across Federal street to Building 103B at Springfield Technology Park, operated by Springfield Technical Community College's Assistance Corporation, an eligible public entity, as established by section 125 of chapter 273 of the acts of 1994, to address infrastructure inadequacies in Building 20 and allow for the sustainability of important healthcare programs that contribute to the regional workforce; provided further, that not less than $350,000 shall be expended for Commonwealth Kitchen, Inc. for the purpose of developing an economic development recovery plan including regional market based strategies to address food access and security in gateway municipalities, as defined in section 3A of chapter 23A of the General Laws, and Boston, including but not limited to, assessing infrastructure and food chain gaps; provided further, that not less than $400,000 shall be expended to the town of Milton to be used for overlay district revitalization efforts; provided further, that not less than $250,000 shall be expended to create a pilot Sibling Cities Youth Work Initiative program for the design, planning, and implementation of a tri-community jobs creation and training effort wherein the city of Boston, city of Haverhill and town of Lexington shall collaborate on a pilot in pairing and matching employers with underprivileged youth and young adults; provided further, that not less than $25,000 shall be expended to Three Square Main Streets JP in the city of Boston for training and resources; provided further, that no less than $200,000 shall be expended for the town of Clinton for parking solutions for older housing stock in the downtown area; provided further, that not less than $25,000 shall be expended for the Allston Village Main Streets, Inc. for the beautification of the Allston and Brighton business district; provided further, that not less than $100,000 shall be expended for The Megan House Foundation, Inc. in conjunction with The Bridge Club of Greater Lowell to be expended for the purpose of the Career Success in Sobriety program; provided further, that not less than $50,000 shall be expended for local economic development in the town of Holliston; provided further, that not less than $200,000 shall be expended to the Clinton housing authority for Presentation Apartments to improve building quality; provided further, that not less than $300,000 shall be expended for the town of Lancaster to be used for the creation of a new well system to help alleviate town water shortage; provided further, that not less than $750,000 shall be expended to CitySpace Easthampton for the renovation of Old Town Hall; provided further, that not less than $1,000,000 shall be expended for the MassChallenge technology incubator; provided further, that not less than $1,000,000 shall be expended for the city of Revere for investments in economic development; provided further, that not less than $1,000,000 shall be expended for town of Winthrop for investments in economic development; provided further, that not less than $1,000,000 shall be expended for infrastructure improvements to parks and open space in the city of Medford; provided further, that not less than $1,000,000 shall be expended for parking improvements and economic development opportunities for Medford square in the city of Medford; provided further, that not less than $1,000,000 shall be expended for parking improvements and economic development opportunities for West Medford square in the city of Medford; provided further, that not less than $250,000 shall be expended for the West Medford Community Center in the city of Medford; provided further, that not less than $1,500,000 shall be expended for capital improvements for the Needham housing authority; provided further, that not less than $4,000,000 shall be expended for the Shaw Wharf Pier in the city of Boston; provided further, that such funds shall be disbursed upon a match of not less than $1 in private contributions for every $1 in state grant funding; provided further, that not less than $100,000 shall be expended for infrastructure including public sewer improvements towards the construction of the Power Mill Place affordable housing development in the town of Acton; provided further, that not less than $100,000 shall be expended for infrastructure improvements for economic development at Depot square in the town of Ayer; provided further, that not less than $250,000 shall be expended for the Island Housing Trust on the island of Martha's Vineyard for wastewater remediation in housing development; provided further, that not less than $5,000,000 shall be expended to the New England Aquarium Corporation for costs associated with the preparation of plans, studies and specifications, repairs, construction, renovations, maintenance, asset management and demolition and other capital improvements including those necessary for the operation of facilities operated by the New England Aquarium Corporation on Central wharf in the city of Boston; provided further, that not less than $200,000 shall be expended to the Brookline Housing Authority in the town of Brookline for the purpose of modernizing kitchens including replacement of in-unit natural gas appliances, including stoves, ranges, water heaters and dryers, with electric appliances; provided further, that not less than $1,000,000 shall be expended to the city of Newton for the construction of the Newton Center for Active Living; provided further, that not less than $500,000 shall be expended to the department of housing and community development to distribute as grants to any provider of temporary housing assistance, including, but not limited to, family shelters, shelters for adults, hotels or motels used for emergency shelter, emergency apartments, domestic violence shelters, runaway and homeless youth shelters or safe houses for refugees, for the purpose of providing and installing dispensers for disposable menstrual products, including, but not limited to, sanitary napkins, tampons and panty liners at no cost to menstruating individuals; provided further, that the products shall be available in a convenient manner that does not stigmatize any persons seeking such products; provided further, that not less than $100,000 shall be expended for an economic development grant for the downtown area in the town of North Reading; provided further, that not less than $180,000 shall be expended to the Center for Women and Enterprise for the design, planning and construction of a new innovation center in the city of Brockton; provided further, that not less than $150,000 shall be expended for the construction and expansion of a deck and hospitality area at the clubhouse at the D.W. Field golf course in the city of Brockton; provided further, that not less than $100,000 shall be expended for the replacement and repair of roads within D.W. Field park in the city of Brockton; provided further, that not less than $100,000 shall be expended for life sciences planning and zoning in the city of Brockton; provided further, that not less than $350,000 shall be expended for infrastructure improvements, upgrades for compliance with the federal Americans with Disabilities Act, safety code compliance and the rehabilitation and renovation of the historical building serving as the Cape Verdean Veterans Memorial Hall in the city of New Bedford; provided further, that not less than $300,000 shall be expended for the planning, design, development, and construction of a recreational area at 40 to 48 Geneva avenue, inclusive, in the Grove Hall section in the city of Boston; provided further, that not less than $100,000 shall be expended for downtown storefront revitalization for the city of Leominster; provided further, that not less than $100,000 shall be expended to fund capital improvements and construction related costs for the development of a new facility operated by Harvard Street Neighborhood Health Center Inc., a federally qualified health center, on Blue Hill avenue in the city of Boston; provided further, that not less than $750,000 shall be expended for capital improvements to the "Z" building at the Dimock Center in the city of Boston to provide additional clinical stabilization services; and provided further, that not less than $50,000 shall be expended to the town of Tyngsborough for economic development programming.... $102,304,000
7002-8037.. For capital grants or other financial assistance for urban farms; provided, that "urban farms" shall mean any real estate or a portion thereof in agricultural, horticultural or agricultural and horticultural use that is not more than 2 acres in area; provided further, that each grant recipient's gross sales of agricultural, horticultural or agricultural and horticultural products resulting from such uses together shall total not less than $500 in the previous year; provided further, that grant recipients shall be located in a city or town that: (i) has a population of not less than 50,000 inhabitants; or (ii) meets the definition of a gateway municipality under section 3A of chapter 23A of the General Laws; and provided further, that grants shall be awarded in a manner that promotes geographic, social, racial, and economic equity........ $2,000,000
7002-8038.. For a program to provide financial and capital assistance to restaurants impacted by the 2019 novel coronavirus; provided, that said program shall be administered by the executive office of housing and economic development; provided further, that grants may be used for, but shall not be limited to, capital projects or equipment purchases necessary to uphold necessary public health and social distancing protocols for customers and staff related to the 2019 novel coronavirus pandemic; provided further, that grants may be used for, but shall not be limited to, employee payroll and benefit costs, mortgage interest, rent, utilities and interest on other debt obligations; provided further, that the executive office shall prioritize independently owned and operated restaurants, seasonal restaurants and geographic equity when establishing the program criteria; provided further, that the program shall prioritize socially or economically disadvantaged businesses, which may include, but shall not be limited to, minority-owned, women-owned, veteran-owned, and immigrant-owned small businesses, that have historically faced obstacles accessing capital; and provided further, that grants shall be awarded in a manner that promotes geographic equity..................................... $20,000,000
SECTION 2A.
TREASURER AND RECEIVER GENERAL
Lottery Commission
0640-0100.. For costs associated with information technology projects at the state lottery commission.............................. $15,000,000
Massachusetts Cultural Council
0640-0303.. For a competitive grant program to be administered by the Massachusetts cultural council to: (i) promote artists, among all disciplines and sectors, including, arts, humanities and sciences, in creating new mediums to showcase their art, including showcasing their work in a variety of media formats and platforms, including, video, audio and interactive platforms; and (ii) promote local museums in the commonwealth, to showcase their exhibits and events by using remote access, including, video, audio and interactive platforms; provided, that funds may be used to assist artists to enhance and expand remote media platforms in response to the outbreak of the 2019 novel coronavirus, also known as COVID-19; provided further, that the funds may be used to increase remote access to enhance and provide remote programming and operations by local museums; provided further, that the Massachusetts cultural council shall determine the criteria to evaluate applications for the grant program; provided further, that the criteria shall promote remote access to cultural experiences, including new operation and programming models within the arts, humanities and sciences; provided further, that the criteria shall include, but not be limited to, the commitment by the artists and museums to improve and diversify access to remote cultural experiences, the artists and museums having the knowledge and skill to develop and implement the remote media platforms; provided further, that the criteria shall prioritize local artists, local museums, local performing arts organizations, local performance venues, and other arts and cultural non-profit organizations in the commonwealth, including, small to mid-sized museums; and provided further, that grants shall be awarded in a manner that promotes geographic, social, racial, and economic equity....................................................... $6,000,000
0640-0304.. For a competitive grant program to be administered by the Massachusetts cultural council, in consultation with the department of elementary and secondary education, to assist public school districts in providing access to cultural experiences in the community, including arts, humanities and sciences, through the use of information technology to provide remote experiences; provided, that the funds may be used to reimburse the costs incurred by school districts providing remote cultural experiences in response to the outbreak of the 2019 novel coronavirus, also known as COVID-19; provided further, that the Massachusetts cultural council, in consultation with the department of elementary and secondary education, shall determine criteria used to evaluate applications for the grant program; provided further, that the criteria shall promote access to cultural experiences, including, arts, humanities and sciences, for public school districts; provided further, that the criteria shall include, but not be limited to, school districts using creative means to educate students during the outbreak of COVID-19 in place of school field trips and the ease of student access to the remote cultural experience; and provided further, that grants shall be awarded in a manner that promotes geographic, social, racial, and economic equity............................ $5,000,000
0640-0305.. For a non-profit infrastructure and equipment grant program administered by the Massachusetts cultural council; provided, that grants shall be awarded on a competitive basis to non-profit arts, cultural and tourism institutions and organizations that temporarily suspended in-person public attendance due to the 2019 novel coronavirus pandemic; provided further, that grants shall be awarded to assist institutions with infrastructure costs necessary to safely and sustainably reopen to the public while upholding necessary public health and social distancing protocols relative to the 2019 novel coronavirus pandemic; provided further, that the following criteria shall be used in prioritizing grant awards: (i) capital improvements and equipment purchases deemed critical to safeguard institution staff, volunteers and exhibitions; (ii) capital improvement and equipment purchases deemed critical to safely allow public attendance; (iii) relative financial need of the applying institution; (iv) geographic, social, racial, and economic diversity of grant recipients; (v) diversity of type of organizations or institutions receiving funding; and (vi) the likelihood that one-time infrastructure and equipment assistance will enable the institution to reopen safely and sustainably; and provided further, that the Massachusetts cultural council shall report to the chairs of the house and senate committees on ways and means and the chairs of the joint committee on tourism, arts and cultural development on the process and criteria for grant selection not less than 30 days before awarding grants.......... $20,000,000
JUDICIARY
Trial Court
1102-5702.. For costs associated with information technology capital improvements at the trial court to support the provision of virtual mediation services; provided, that funding shall be awarded in a manner that promotes geographic equity................ $15,000,000
EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Department of Housing and Community Development
7004-0059.. For state financial assistance in the form of grants or loans to accelerate and support the creation of low-income and moderate-income housing in close proximity to transit nodes; provided, that the program shall be administered to: (i) maximize the amount of affordable residential and mixed-use space in close proximity to transit nodes, resulting in higher density, compact development and pedestrian-friendly, inclusive and connected neighborhoods; (ii) increase mass transit ridership; (iii) decrease traffic congestion and reduce greenhouse gas emissions; and (iv) increase economic opportunity for disadvantaged populations by making it easier for residents of affordable housing to access public transportation, including transportation supporting commutes to employment centers; provided further, that entities eligible to receive financial assistance shall include governmental bodies, community development corporations, local housing authorities, community action agencies, community-based or neighborhood-based non-profit housing organizations, other non-profit organizations and for-profit entities; provided further, that financial assistance provided pursuant to this section shall be made on a competitive basis, with preference for projects in communities disproportionately impacted by the 2019 novel coronavirus health and economic crisis; provided further, that grants shall be awarded in a manner that promotes geographic, social, racial, and economic equity; provided further, that funds may be used to assist units occupied by and affordable to persons with incomes not more than 110 per cent of the area median income as defined by the United States Department of Housing and Urban Development with priority given to projects that provide higher and deeper levels of affordability; provided further, that not less than 25 per cent of the occupants of housing in projects assisted by this item shall be persons whose income is not more than 60 per cent of the area median income as defined by the United States Department of Housing and Urban Development; provided further, that financial assistance offered pursuant to this item may be administered by the department of housing and community development through a contract with the Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts of 1985, which in turn may directly offer financial assistance for the purposes set forth herein or may enter into subcontracts with non-profit organizations established pursuant to chapter 180 of the General Laws for the purposes herein; provided further, that the department may provide financial support to non-profit and for-profit developers that enter into binding agreements to set aside residential units in market-rate, transit-oriented housing, over and above any units required to be set aside under local zoning or approvals, for rent or sale to income-qualified households at affordable rents or sale prices, as applicable; and provided further, that the department may establish additional program requirements through regulations or policy guidelines ........................................... $50,000,000
7004-0064.. For financial assistance to accelerate and support the creation and preservation of sustainable and climate resilient affordable multifamily housing; provided, that such financial assistance shall be made to: (i) incorporate efficient, sustainable and climate-resilient design practices in affordable residential development to support positive climate mitigation outcomes; (ii) reduce greenhouse gas emissions and reliance on fossil fuels; (iii) increase resiliency of existing housing developments to mitigate impacts of climate change, including flooding and extreme temperatures; and (iv) enhance emergency preparedness, including sustainable means of power generation to allow for sheltering vulnerable populations in place; provided further, that financial assistance shall be made available on a competitive basis to community development corporations, local housing authorities, community action agencies, community-based or neighborhood-based non-profit housing organizations, other non-profit organizations and for-profit entities; provided further, that funds may be used to assist units occupied by and affordable to persons with incomes not more than 110 per cent of the area median income as defined by the United States Department of Housing and Urban Development with priority given to projects that provide higher and deeper levels of affordability; provided further, that not less than 25 per cent of the occupants of housing in projects assisted by this item shall be persons whose income is not more than 60 per cent of the area median income as defined by the United States Department of Housing and Urban Development; provided further, that financial assistance shall be awarded in a manner that promotes geographic, social, racial, and economic equity provided further, that financial assistance provided pursuant to this section may be administered by the department of housing and community development through contracts with the Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts of 1985, the Massachusetts Housing Finance Agency, established in chapter 708 of the acts of 1966, or both, which authorities may directly offer financial assistance for the purposes set forth herein or may enter into subcontracts with non-profit organizations established pursuant to chapter 180 of the General Laws for those purposes; and provided further, that the administering agency may establish additional program requirements through regulations or policy guidelines...................................................... $10,000,000
7004-0065.. For state financial assistance to cities and towns or agencies, boards, commissions, authorities, departments or instrumentalities thereof or community development corporations or non-profit organizations to assist in the revitalization of neighborhoods and communities with properties in blighted or substandard conditions by subsidizing the purchase price, borrowing costs or costs of demolition or renovation of up to 50 units of residential rental housing or 1 to 4 units of home ownership residential housing that have been cited for building or sanitary code violations or that are subject to cancellation of commercial property insurance due to substandard property conditions or are otherwise blighted or substandard; provided, that contracts entered into by the department of housing and community development for those projects may include, but shall not be limited to, projects providing for demolition, renovation, remodeling, reconstruction, redevelopment and hazardous material abatement, including asbestos and lead paint, and for compliance with state codes and laws and for adaptations necessary for compliance with the federal Americans with Disabilities Act of 1990; provided further, that preference shall be given to community development corporations and local non-profit organizations, organizations sponsoring projects that secure private funds and projects with the greatest impact on community stabilization in weak markets including, but not limited to, rural communities and communities that have been disproportionately affected by the 2019 novel coronavirus pandemic, disinvestment, foreclosure and abandonment; provided further, that financial assistance shall be awarded in a manner that promotes geographic, social, racial, and economic equity; provided further, that such rehabilitated housing shall remain affordable for such period as shall be established by the department through guidance taking into account differences in market conditions and the type of restrictions best suited to promoting community stabilization in different markets; and provided further, that an amount not to exceed 2 per cent of the amount expended may pay for administrative costs directly attributable to the purposes of this program, including costs of support personnel...................................................... $50,000,000
7004-0066.. For a gateway city housing pilot program to support the construction of shovel-ready, market-rate housing opportunities in gateway municipalities, as defined in section 3A of chapter 23A of the General Laws, by providing funding in an amount not more than 150 per cent of the maximum housing development incentive program tax credit under chapter 40V of the General Laws; provided, that awards to projects shall be awarded to: (i) communities that have satisfied the 10 per cent affordable housing stock requirements under chapter 40B of the General Laws; (ii) non-profit developers; (iii) new construction or market rate apartment rentals or homeownership; (iv) projects that are ready to commence construction within 6 months of approval; and (v) projects that are located in a zoning area that permits high density housing such as a transformative development initiative district, waterfront or a zoning overlay district such as those permitted under chapter 40R of the General Laws; provided further, that funding shall be awarded in a manner that promotes geographic, social, racial, and economic equity; and provided further, that a developer's fee under the program would be deferred by 33 per cent with positive net cash flow from the development to be split with the commonwealth on an equal basis after payment of any first mortgage permanent financing................. $5,000,000
EXECUTIVE OFFICE OF EDUCATION
Department of Elementary and Secondary Education
7035-2020.. For capital grants to vocational technical schools to expand operating capacities; provided, that grants shall be administered by the department of elementary and secondary education on a competitive basis to vocational technical schools; provided further, that grants may be used for building expansions and renovations, as well as equipment purchases; provided further, that prioritization for grant awards shall be given to, but not limited to, vocational technical schools: (i) with significant waiting lists; (ii) offering programs focused on industries and careers disproportionately impacted by the 2019 novel coronavirus pandemic; and (iii) serving students from gateway municipalities as defined in section 3A of chapter 23A of the General Laws or municipalities with high proportions of low-income and non-English or limited-English speaking populations; provided further, that the department shall award grants in a manner that promotes geographic, social, racial, and economic equity; and provided further, that the department shall submit to the chairs of the house and senate committees on ways and means a report detailing the criteria used to award grants not less than 30 days before awarding said grants.................................. $15,000,000
Department of Higher Education
7066-2020.. For a grant program administered by the department of higher education to support career-oriented programs and initiatives at the community and municipal colleges to support training, academic credit certificates and associate degree programs in high-demand fields, including, but not limited to, healthcare and allied health, information technology and cybersecurity, or first-responder programs such as fire science, emergency medical technician and criminal justice; provided, that grant preference shall be given to support and expand programs and initiatives targeting high-demand fields disproportionately impacted by the 2019 novel coronavirus pandemic; provided further, that grants shall be awarded in a manner that promotes geographic, social, racial, and economic equity; and provided further, that funding may be used for resources to recruit, retain and graduate students, including, but not limited to, technology tools such as software, licenses, laptops, curriculum development or student services....................... $15,000,000
SECTION 3. Chapter 12 of the General Laws is hereby amended by adding the following section:-
Section 35. (a) There shall be a student loan ombudsman within the office of the attorney general. The student loan ombudsman shall receive, review and assist in resolving complaints from student loan borrowers including, but not limited to, those concerning attempts to resolve complaints in collaboration with institutions of higher education, student loan servicers, the division of banks and any other participants in student loan lending.
(b) The responsibilities of the ombudsman may include, but shall not be limited to, helping student loan borrowers: (i) explore repayment options; (ii) apply for federal income-driven repayment plans; (iii) avoid or remove a default; (iv) end wage garnishments, tax refund interceptions or benefit offsets; (v) resolve billing disputes with student loan servicers; (vi) obtain student loan details and information; (vii) stop harassing collection calls; and (viii) apply for loan discharges or forgiveness.
The ombudsman shall prepare, make available or direct those seeking assistance to student loan borrower education presentations and materials regarding student loans. The presentations and materials shall include, but not be limited to, an explanation of: (i) key student loan terms; (ii) documentation requirements; (iii) monthly payment obligations; (iv) income-based repayment options; (v) student loan forgiveness; and (vi) disclosure requirements. The ombudsman shall make best efforts to inform public employees about the federal Public Service Loan Forgiveness Program and direct them to available information about the program.
(c) Annually, not later than January 1, the ombudsman shall file a report on activities related to student loans and student loan servicers, as defined in section 1 of chapter 93L, with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on financial services.
The report shall include, but not be limited to: (i) the number of complaints received by the ombudsman from student loan borrowers and the names of the student loan servicers against whom such complaints were filed; (ii) the types of complaints received by the ombudsman from student loan borrowers; (iii) the types of resolutions reached for complaints received; and (iv) recommendations to improve the effectiveness of the position of student loan ombudsman.
The report shall also include an overview of any information received from the division of banks including, but not limited to: (i) the number of complaints received by the division of banks concerning student loans: (ii) the types of complaints received by the division of banks concerning student loans; (iii) the types of resolutions reached by the division of banks; and (iv) recommendations to improve the regulation, oversight and enforcement efforts of the division of banks with respect to student loan servicers. Information and data in the report shall be in an aggregate and de-identified format.
(d) The ombudsman shall receive information from the division of banks to assist the ombudsman in fulfilling its duties under this section.
SECTION 4. Section 6C of chapter 20 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 3, the figure "17" and inserting in place thereof the following figure:- 18.
SECTION 5. Said section 6C of said chapter 20, as so appearing, is hereby further amended by inserting after the word "designee", in line 17, the following words:- ; 1 of whom shall be an expert in healthy soils practices as defined in section 7A of chapter 128, appointed by the secretary of energy and environmental affairs.
SECTION 6. Said section 6C of said chapter 20, as so appearing, is hereby further amended by inserting after the word "foods", in line 58, the following words:- , particularly those foods produced using healthy soils practices as defined in section 7A of chapter 128.
SECTION 7. Subsection (d) of said section 6C of said chapter 20, as so appearing, is hereby further amended by inserting after the word "production", in line 70, the following words:-, particularly through practices that promote healthy soils as defined in section 7A of chapter 128.
SECTION 8. Section 20 of chapter 21 of the General Laws, as so appearing, is hereby amended by adding the following 2 paragraphs:-
(15) To assist in the development of a healthy soils program, as instructed by the director, to: (i) improve soil quality on lands utilized for commercial farming, suburban and urban lawns, yards and gardens, public and private forests, parks and other open or green spaces and non-paved outdoor areas of office complexes, mixed-use facilities, businesses, industries and colleges and other institutions; (ii) increase carbon sequestration or storage on such lands to help reduce harmful atmospheric greenhouse gases and the effects of climate change; and (iii) provide other measurable benefits, determined as applicable under the program to certain types of lands, related to climate change, plant growth, erosion control and water absorption and quality. The commission, in the development of the program or any significant change to the established program, if requested by the director, shall consult with 1 or more of the following organizations, as appropriate for the type of land intended to be covered under the program: (i) the department of agricultural resources; (ii) department of environmental protection; (iii) department of fish and game; (iv) the Nature Conservancy; (v) Massachusetts Forest Alliance Limited; (v) the Massachusetts Association of Conservation Districts, Inc.; (vi) Massachusetts Farm Bureau Federation, Incorporated; (vii) the National Resources Conservation Services within the United States Department of Agriculture; (viii) Massachusetts chapter of the Northeast Organic Farming Association; (ix) the University of Massachusetts Extension; (x) the University of Massachusetts at Amherst and (xi) any individual or other organization designated by the director.
(16) To encourage and promote the use of healthy soils policies and practices by private and public landowners, including commercial farmers, and any assistance available to program participants, which may consist of grants, technical assistance or education on the benefits and implementation of healthy soils best practices, as the director may instruct, to achieve the purposes of the healthy soils program.
SECTION 9. Chapter 23A of the General Laws is hereby amended by adding the following section:-
Section 69. (a) The MOBD shall establish a micro business development center, in this section referred to as the center, which shall foster micro businesses in the commonwealth by providing resources, including information on available loans, grants and technical assistance. The center shall provide micro businesses with information and technical assistance related to aspects of micro business management, including but not limited to, (i) business plan development; (ii) technology development; (iii) lending assistance; (iv) market research support; and (v) procurement and contracting aid. For the purposes of this section the term "micro business" shall mean a business: (i) with no more than 5 employees; (ii) located in a city or town with 75 per cent of residents living under the federal poverty level; and (iii) with no more than $200,000 in annual revenue.
(b) The center shall advise the Massachusetts Growth Capital Corporation in the design, administration and disbursement of loans and grants to entrepreneurs in the commonwealth for low and moderate-income entrepreneurs who are forming, running or expanding microbusinesses in the commonwealth.
(c) The center may expend funds as may be appropriated therefor, accept federal funds, or private gifts and grants to assist in carrying out the purposes as set forth in this section.
SECTION 10. Section 1 of chapter 23G of the General Laws, as so appearing, is hereby amended by striking out the definition "Equity investments" and inserting in place thereof the following definition:-
"Equity investments", (i) investments that result in the agency holding an ownership interest in any company; (ii) a membership interest that constitutes voting rights in a company; (iii) an interest in real estate or other assets; (iv) a grant or loan designated pursuant to a competitive process administered by the agency, provided to governmental subdivisions, community development corporations, community action agencies, for-profit entities, private property owners, nonprofit entrepreneur support organizations and business operators for design, construction or improvement of buildings or real estate to spur economic development; (v) a transaction which in substance falls into any of these categories even though it may be structured as some other form of business transaction, including, but not limited to, a lease of real estate for such duration as the agency deems appropriate in light of the amount of the equity to be invested; and (vi) an equity security; provided, however, that "equity investments" shall not include any of the foregoing if the interest is taken as security for a loan.
SECTION 11. Said chapter 23G is hereby further amended by adding the following section:-
Section 47. (a) There shall be established within the agency a maritime piers repair and rehabilitation program to advance the public purpose of ensuring the physical integrity and safety of piers and other maritime infrastructure that is essential to the continued viability of (i) maritime industries; (ii) water-dependent uses, as defined in section 1 of chapter 91; and (iii) other commercial and industrial uses that contribute to the economic vitality of a designated port area. The agency, in consultation with the secretary of housing and economic development, shall design and implement the program. The agency may coordinate with other agencies, community development organizations and instrumentalities of the commonwealth to effectuate this section.
(b) The program shall be eligible to receive funds as appropriated by the general court, the board, federal grants and programs, and transfers, grants and donations from state agencies, foundations and private parties. Such funds shall be held in a separate account or accounts segregated from other funds. Money in or received for the fund may be deposited with and invested by an institution designated by the executive office and paid as the agency shall direct. A return on an investment received by the fund shall be deposited and held for the use and benefit of the fund. The agency may make payments from a deposit account for use under this section.
(c) The agency shall use the fund to make grants, loans or a combination thereof for the reconstruction, repair, renovation or rehabilitation of existing commercial and marine industrial infrastructure and public or private maritime transportation infrastructure. Eligible recipients of such financial assistance shall include public entities, community development corporations, non-profit and for-profit corporations and other private business entities. In making a loan or grant, the agency shall consider: (i) the impacts on future economic growth, commercial and industrial development and wastewater and wastewater pre-treatment within the designated port area and on the commercial fishing industry; (ii) the attendant economic benefits to the commonwealth; and (iii) the benefits to the commonwealth's transportation system including the benefits derived from enhancing intermodal connections from the seaports to road, rail and air facilities. Funding shall be awarded on a competitive basis in accordance with guidelines developed by the agency.
(d) The agency shall be reimbursed from the fund for all reasonable and necessary direct costs and expenses incurred in any fiscal year associated with its administration, management and operation of the fund, including reasonable staff time and out-of-pocket expenses and the reasonable and approved administrative costs.
(e) The agency shall submit an annual report to the clerks of the house of representatives and the senate who shall forward the report to the house and senate committees on ways and means and the joint committee on economic development and emerging technologies not later than December 31. The report shall include a current assessment of the progress of each project funded through the program.
SECTION 12. Chapter 26 of the General Laws is hereby amended by inserting after section 3 the following section:-
Section 3A. (a) The division of banks shall maintain a consumer assistance unit. The unit may provide assistance in response to complaints involving any person or entity that the division has authority to regulate or in other areas as the commissioner deems appropriate, which may include, but shall not be limited to, complaints and requests for assistance involving state-chartered banks and credit unions, check cashers, foreign transmittal companies, sales finance companies, mortgage lenders, brokers, originators and student loan servicers.
(b) The unit shall share information with the student loan ombudsman to assist the student loan ombudsman in fulfilling the student loan ombudsman's duties under section 35 of chapter 12.
SECTION 13. Chapter 29 of the General Laws is hereby amended by inserting after section 2MMMMM the following 2 sections:-
Section 2NNNNN. There shall be a Student Loan Assistance Trust Fund administered by the office of the attorney general.
Expenditures may be made from the fund to: (i) fund the work of the student loan ombudsman established under section 35 of chapter 12; (ii) provide direct counseling and assistance to student loan borrowers; (iii) receive, review and assist in the resolution of complaints from student loan borrowers; and (iv) pursue legal action on behalf of student loan borrowers including, but not limited to, the investigation of complaints, the costs of personnel and litigation, the engagement of experts and the enforcement of settlements.
Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The fund shall retain all interest earned on sums deposited in the fund.
The fund may receive revenue from: (i) appropriations or other money authorized by the general court designated to the fund; and (ii) funds from public or private sources specifically designated for the purposes of this section, including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth.
The office of the attorney general shall provide an annual report to the house and senate committees on ways and means on the fund's activity. The report shall include, but not be limited to: (i) the total amount of money in the fund, designated by source; (ii) the amount of money received by the fund, designated by source; (iii) if settlement funds were received, the percentage of the total settlement amount deposited into the fund; (iv) an accounting of all expenditures from the fund; (v) a description of the activities and staff supported by the fund; and (vi) revenue and expenditure projections for the current fiscal year and for the next fiscal year.
Section 2OOOOO (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Healthy Soils Program Fund. The secretary of energy and environmental affairs shall administer the fund. Notwithstanding any general or special law to the contrary, there shall be credited to the fund any revenue subject to appropriations or other money authorized by the general court and specifically designated to be credited to the fund, including monies appropriated from the Gaming Economic Development Fund, established under section 2DDDD of chapter 29, and any gifts, grants, private contributions, investment income earned by the fund's assets and any designated funds from other sources. No expenditures from the fund shall cause the fund to be in deficiency at the close of the fiscal year. Any money in the fund at the end of the fiscal year shall not revert to the General Fund, shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.
(b) Amounts credited to the fund shall be expended, without further appropriation, for the purpose to implement, administer and develop healthy soils practices under the healthy soils program, including, but not limited to, program research and development, education and training in program practices and policies and to provide grants on a competitive basis to individuals, public and private entities and charitable organizations to implement healthy soils practices; provided, however, that no loans shall be made from said fund. Expenditures made from the fund shall complement and not replace existing local, state, private or federal funding for related training and educational programs for healthy soils practices
SECTION 14. Section 23 of chapter 32 of the General Laws, as so appearing, is hereby amended by adding the following subdivision:-
(8)(a) It shall be the policy of the PRIM board to use minority investment managers to manage PRIT Fund assets, encompassing all asset classes, and to increase the racial, ethnic, and gender diversity of PRIT Fund investments to the greatest extent feasible, consistent with sound investment policy. The PRIM board and the executive director shall take affirmative steps to remove any barriers to the full participation of minority investment managers in investment opportunities. Such affirmative steps shall include, but not be limited to, consideration of whether current investment policy discourages the use of minority investment managers through quantitative or qualitative restrictions, including, but not limited to, number of years track record and minimum assets under management.
(b) It shall be the goal of the PRIM board that not less than 20 per cent of investment managers be minorities, females and persons with disabilities. It shall further be the goal of the PRIM board to utilize businesses owned by minorities, females and persons with disabilities for not less than 20 per cent of total contracts awarded pursuant to section 23B.
(c) Annually, not later than January 15 of each year, the PRIM board shall file with the house and senate committee on ways and means and with the joint committee on public service a report detailing its progress toward implementing the policies and goals outlined above. Such report shall include documentation related to all minority investment managers considered for investment, including documentation, where applicable, of the reasons for declining any such investment.
SECTION 15. Section 4A of chapter 40 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
By a majority vote of their legislative bodies, and with the approval of the mayor, board of selectmen or other chief executive officer, any contiguous cities and towns may enter into an agreement to allocate public infrastructure costs, municipal service costs and local tax revenue associated with the development of an identified parcel or parcels or development within the contiguous communities generally; provided, that the agreement shall be approved by the department of revenue.
SECTION 16. Section 1A of chapter 40A of the General Laws, as so appearing, is hereby amended by inserting after the introductory paragraph the following 10 definitions:-
"Accessory dwelling unit", a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; (ii) is not larger in floor area than 1/2 the floor area of the principal dwelling or 900 square feet, whichever is smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality, including but not limited to additional size restrictions, owner-occupancy requirements and restrictions or prohibitions on short-term rental of accessory dwelling units.
"As of right", development that may proceed under a zoning ordinance or by-law without the need for a special permit, variance, zoning amendment, waiver or other discretionary zoning approval.
"Eligible locations", areas that by virtue of their infrastructure, transportation access, existing underutilized facilities or location make highly suitable locations for residential or mixed use smart growth zoning districts or starter home zoning districts, including without limitation: (i) areas near transit stations, including rapid transit, commuter rail and bus and ferry terminals; or (ii) areas of concentrated development, including town and city centers, other existing commercial districts in cities and towns and existing rural village districts.
"Gross density", a units-per-acre density measurement that includes land occupied by public rights-of-way and any recreational, civic, commercial and other nonresidential uses.
"Lot", an area of land with definite boundaries that is used or available for use as the site of a building or buildings.
"MBTA community", a city or town that is: (i) one of the 51 cities and towns as defined in section 1 of chapter 161A; (ii) one of the 14 cities and towns as defined in said section 1 of said chapter 161A; (iii) other served communities as defined in said section 1 of said chapter 161A; or (iv) a municipality that has been added to the Massachusetts Bay Transportation Authority under section 6 of chapter 161A or in accordance with any special law relative to the area constituting the authority.
"Mixed-use development", development containing a mix of residential uses and non-residential uses, including, without limitation, commercial, institutional, industrial or other uses;
"Multi-family housing", a building with 3 or more residential dwelling units or 2 or more buildings on the same lot with more than 1 residential dwelling unit in each building.
"Natural resource protection zoning", zoning ordinances or by-laws enacted principally to protect natural resources by promoting compact patterns of development and concentrating development within a portion of a parcel of land so that a significant majority of the land remains permanently undeveloped and available for agriculture, forestry, recreation, watershed management, carbon sequestration, wildlife habitat or other natural resource values.
"Open space residential development", a residential development in which the buildings and accessory uses are clustered together into 1 or more groups separated from adjacent property and other groups within the development by intervening open land. An open space residential development shall be permitted only on a plot of land of such minimum size as a zoning ordinance or by-law may specify which is divided into building lots with dimensional control, density and use restrictions for such building lots varying from those otherwise permitted by the ordinance or by-law and open land. The open land may be situated to promote and protect maximum solar access within the development. The open land shall either be conveyed to the city or town and accepted by said city or town for park or open space use, or be made subject to a recorded use restriction enforceable by said city or town or a non-profit organization the principal purpose of which is the conservation of open space, providing that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadway.
SECTION 17. Said section 1A of said chapter 40A, as so appearing, is hereby further amended by striking out the definition of "Transfer of development rights" and inserting in place thereof the following definition:-
"Transfer of development rights", the regulatory procedure whereby the owner of a parcel may convey development rights, extinguishing those rights on the first parcel, and where the owner of another parcel may obtain and exercise those rights in addition to the development rights already existing on that second parcel.
SECTION 18. Said chapter 40A is hereby further amended by inserting after section 3 the following section:-
Section 3A. (a)(1) An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children. For the purposes of this section, a district of reasonable size shall: (i) have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A; and (ii) be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable.
(b) An MBTA community that fails to comply with this section shall not be eligible for funds from: (i) the Housing Choice Initiative as described by the governor in a message to the general court dated December 11, 2017; (ii) the Local Capital Projects Fund established in section 2EEEE of chapter 29; or (iii) the MassWorks infrastructure program established in section 63 of chapter 23A.
(c) The department, in consultation with the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation, shall promulgate guidelines to determine if an MBTA community is in compliance with this section.
SECTION 19. Section 5 of said chapter 40A, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-
Except as provided herein, no zoning ordinance or by-law or amendment thereto shall be adopted or changed except by a two-thirds vote of all the members of the town council, or of the city council where there is a commission form of government or a single branch, or of each branch where there are 2 branches, or by a two-thirds vote of a town meeting; provided, however, that the following shall be adopted by a vote of a simple majority of all members of the town council or of the city council where there is a commission form of government or a single branch or of each branch where there are 2 branches or by a vote of a simple majority of town meeting:
(1) an amendment to a zoning ordinance or by-law to allow any of the following as of right: (a) multifamily housing or mixed-use development in an eligible location; (b) accessory dwelling units, whether within the principal dwelling or a detached structure on the same lot; or (c) open-space residential development;
(2) an amendment to a zoning ordinance or by-law to allow by special permit: (a) multi-family housing or mixed-use development in an eligible location; (b) an increase in the permissible density of population or intensity of a particular use in a proposed multi-family or mixed use development pursuant to section 9; (c) accessory dwelling units in a detached structure on the same lot; or (d) a diminution in the amount of parking required for residential or mixed-use development pursuant to section 9;
(3) zoning ordinances or by-laws or amendments thereto that: (a) provide for TDR zoning or natural resource protection zoning in instances where the adoption of such zoning promotes concentration of development in areas that the municipality deems most appropriate for such development, but will not result in a diminution in the maximum number of housing units that could be developed within the municipality; or (b) modify regulations concerning the bulk and height of structures, yard sizes, lot area, setbacks, open space, parking and building coverage requirements to allow for additional housing units beyond what would otherwise be permitted under the existing zoning ordinance or by-law; and
(4) the adoption of a smart growth zoning district or starter home zoning district in accordance with section 3 of chapter 40R. Any amendment that requires a simple majority vote shall not be combined with an amendment that requires a two-thirds majority vote. If, in a city or town with a council of fewer than 25 members, there is filed with the clerk prior to final action by the council a written protest against a zoning change under this section, stating the reasons duly signed by owners of 50 per cent or more of the area of the land proposed to be included in such change or of the area of the land immediately adjacent extending 300 feet therefrom, no change of any such ordinance shall be adopted except by a two-thirds vote of all members.
SECTION 20. Section 9 of said chapter 40A, as so appearing, is hereby amended by inserting after the word "interests," in line 34, the following words:- ; provided, however, that nothing herein shall prohibit a zoning ordinance or by-law from allowing transfer of development rights to be permitted as of right, without the need for a special permit or other discretionary zoning approval.
SECTION 21. Said section 9 of said chapter 40A, as so appearing, is hereby further amended by striking out, in lines 39 and 43, the word "cluster" each time it appears and inserting in place thereof in each instance the following words:- open space residential.
SECTION 22. Said section 9 of said chapter 40A, as so appearing, is hereby further amended by inserting, after the word "control,", in line 47, the following words:- ; provided, however, that nothing herein shall prohibit a zoning ordinance or by-law from allowing open space residential developments to be permitted as of right, without the need for a special permit or other discretionary zoning approval.
SECTION 23. Said section 9 of said chapter 40A, as so appearing, is hereby further amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:-
Zoning ordinances or by-laws may also provide that special permits may be granted for reduced parking space to residential unit ratio requirements after a finding by the special permit granting authority that the public good would be served and that the area in which the development is located would not suffer a substantial adverse effect from such diminution in parking.
SECTION 24. Said section 9 of said chapter 40A, as so appearing, is hereby further amended by inserting after the twelfth paragraph the following paragraph:-
A special permit issued by a special permit granting authority shall require a simple majority vote for any of the following: (a) multifamily housing that is located within 1/2 mile of a commuter rail station, subway station, ferry terminal or bus station; provided, that not less than 10 per cent of the housing shall be affordable to and occupied by households whose annual income is less than 80 per cent of the area wide median income as determined by the United States Department of Housing and Urban Development and affordability is assured for a period of not less than 30 years through the use of an affordable housing restriction as defined in section 31 of chapter 184; (b) mixed-use development in centers of commercial activity within a municipality, including town and city centers, other commercial districts in cities and towns and rural village districts; provided, that not less than 10 per cent of the housing shall be affordable to and occupied by households whose annual income is less than 80 per cent of the area wide median income as determined by the United States Department of Housing and Urban Development and affordability is assured for a period of not less than 30 years through the use of an affordable housing restriction as defined in section 31 of chapter 184; or (c) a reduced parking space to residential unit ratio requirement, pursuant to this section; provided, that a reduction in the parking requirement will result in the production of additional housing units.
SECTION 25. Section 17 of said chapter 40A, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-
The court, in its discretion, may require a plaintiff in an action under this section appealing a decision to approve a special permit, variance or site plan to post a surety or cash bond in an amount of not more than $50,000 to secure the payment of costs if the court finds that the harm to the defendant or to the public interest resulting from delays caused by the appeal outweighs the financial burden of the surety or cash bond on the plaintiffs. The court shall consider the relative merits of the appeal and the relative financial means of the plaintiff and the defendant.
SECTION 26. Section 2 of chapter 40G of the General Laws, as so appearing, is hereby amended by striking out, in lines 23 to 26, inclusive, the words "1 person appointed by the governor who is a cabinet secretary or officer of the commonwealth having experience appropriate to the functions of MTDC" and inserting in place thereof the following words:- the executive director of the Massachusetts Technology Park Corporation established in section 3 of chapter 40J.
SECTION 27. Said section 3 of said chapter 40R, as so appearing, is hereby further amended by inserting after the word "use", in line 19, the following words:-
; provided, however, that a smart growth zoning district or starter home zoning district ordinance or by-law shall be adopted by a simple majority vote of all the members of the town council, or of the city council where there is a commission form of government or a single branch, or of each branch where there are 2 branches, or by a simple majority vote of a town meeting.
SECTION 28. Section 2 of chapter 40R of the General Laws, as amended by section 12 of chapter 5 of the acts of 2019, is hereby amended by inserting after the word "is", in line 4, the following words:- equal to or.
SECTION 29. Said section 2 of said chapter 40R, as so amended, is hereby further amended by striking out the definition of "Approving authority".
SECTION 30. Said section 2 of said chapter 40R, as so amended, is hereby further amended by inserting after the definition of "Open space" the following definition:-
"Plan approval authority", a unit of municipal government designated by the city or town to review projects and issue approvals under section 11.
SECTION 31. Section 3 of said chapter 40R, as so appearing, is hereby amended by inserting after the word "have", in line 4, the following word:- safe.
SECTION 32. Said section 3 of said chapter 40R, as so appearing, is hereby further amended by inserting after the word "frequent", in line 5, the following word:- pedestrian.
SECTION 33. Said section 3 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 14, the words "by a city or town".
SECTION 34. Section 6 of said chapter 40R, as so appearing, is hereby amended by striking out, in lines 55 to 56, the words "the comprehensive housing plan, housing production plan or housing production summary submitted as part of".
SECTION 35. Subsection (a) of said section 6 of said chapter 40R, as so appearing, is hereby amended by striking out clause (8) and inserting in place thereof the following clause:-
(8) A proposed smart growth zoning district or starter home zoning district shall not impose restrictions on age or any other occupancy restrictions on the district as a whole or any portion thereof or project therein. Applicants may pursue the development of specific projects within a smart growth zoning district that are exclusively for the elderly, the disabled or for assisted living; provided, that the department shall adopt regulations limiting the percentage of units in the district that qualify the city or town for density bonus payments under section 9 that may be subject to such restrictions that limit occupancy exclusively for the elderly, the disabled or for assisted living. Not less than 25 per cent of the housing units in a project that limits occupancy exclusively for the elderly, the disabled or for assisted living within a smart growth zoning district shall be affordable housing, as defined in section 2.
SECTION 36. Said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out, in line 86, the word "approving" and inserting in place thereof the following words:- plan approval.
SECTION 37. Said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) The zoning for a proposed smart growth zoning district or starter home zoning district may provide for mixed use development subject to any limitations that may be imposed by regulations of the department. In a starter home zoning district, mixed use development shall only be permitted if the proposed density achieves a minimum of 4 units per acre.
SECTION 38. Said section 6 of said chapter 40R, as so appearing, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) Any amendment or repeal of a zoning ordinance or by-law affecting an approved smart growth zoning district or starter home zoning district shall not be effective without the written approval by the department. No such amendment or repeal shall be effective until the city or town has made the payment required under subsection (b) of section 14. Each amendment or repeal shall be submitted to the department with an evaluation of the effect on the number of projected units that will remain developable, if any, in relation to the number of units that have been built and the number of units that determined any corresponding zoning incentive payment paid to the city or town. Amendments shall be approved only to the extent that the district remains in compliance with this chapter. If the department does not respond to a complete request for approval of an amendment or repeal within 60 days of receipt, the request shall be deemed approved.
SECTION 39. Section 7 of said chapter 40R, as so appearing, is hereby amended by striking out, in line 14, the word "approving" and inserting in place thereof the following words:- plan approval.
SECTION 40. Said section 7 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 17 through 20, inclusive, the words "the city or town's comprehensive housing plan, housing production plan, or the housing production summary submitted with the city or town's initial application for approval by the department, as applicable,".
SECTION 41. Section 9 of said chapter 40R, as amended by section 13 of chapter 5 of the acts of 2019, is hereby further amended by striking out, in lines 18 through 21, inclusive, the words ", and consistent with either the city or town's comprehensive housing plan or housing production plan, if any, or the housing production summary submitted in accordance with section 8".
SECTION 42. Section 10 of said chapter 40R, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 3, the words "approving" and inserting in place thereof the following words:- plan approval.
SECTION 43. Said section 10 of said chapter 40R, as so appearing, is hereby further amended by striking out, in lines 6 through 8, inclusive, the words "and is consistent with the city or town's comprehensive housing plan or housing production plan, if any, and any applicable master plan or plans for the city or town".
SECTION 44. Said chapter 40R, as so appearing, is hereby amended by striking out section 11 and inserting in place thereof the following section:-
Section 11. (a)A city or town may incorporate provisions within the smart growth zoning district or starter home zoning district ordinance or by-law that prescribe contents of an application for approval of a project. The ordinance or by-law may require the applicant to pay for reasonable consulting fees to provide peer review of the applications for the benefit of the plan approval authority. Such fees shall be held by the municipality in a separate account and used only for expenses associated with the review of the development application by outside consultants and any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith. The smart growth zoning district or starter home zoning district ordinance or by-law may provide for the referral of the plan to municipal officers, agencies or boards other than the plan approval authority for comment. Any such board, agency or officer shall provide any comments within 60 days of its receipt of a copy of the plan and application for approval.
(b) An application to a plan approval authority for approval under a smart growth zoning district or starter home zoning district ordinance or by-law shall be governed by the applicable zoning provisions in effect at the time of the submission, while the plan is being processed, during the pendency of any appeal and for 3 years after approval. If an application is denied, the zoning provisions in effect at the time of the application shall continue in effect with respect to any further application filed within 2 years after the date of the denial except as the applicant may otherwise choose.
(c) An application for approval under this section shall be filed by the applicant with the city or town clerk and a copy of the application including the date of filing certified by the town clerk shall be filed forthwith with the plan approval authority. The plan approval authority shall hold a public hearing for which notice has been given as provided in section 11 of chapter 40A. The decision of the plan approval authority shall be made, and a written notice of the decision filed with the city or town clerk, within 120 days of the receipt of the application by the city or town clerk. The required time limits for such action may be extended by written agreement between the applicant and the plan approval authority, with a copy of such agreement being filed in the office of the city or town clerk. Failure of the plan approval authority to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the plan. The applicant who seeks approval of a plan by reason of the failure of the plan approval authority to act within such time prescribed, shall notify the city or town clerk, in writing within 14 days from the expiration of said 120 days or extended time, if applicable, of such approval and that notice has been sent by the applicant to parties in interest. The applicant shall send such notice to parties in interest by mail and each such notice shall specify that appeals, if any, shall be made pursuant to this section and shall be filed within 20 days after the date the city or town clerk received such written notice from the applicant that the plan approval authority failed to act within the time prescribed.
(d) The plan approval authority shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the city or town clerk and that all plans referred to in the decision are on file with the plan approval authority. If 20 days have elapsed after the decision has been filed in the office of the city or town clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the city or town clerk shall so certify on a copy of the decision. If the plan is approved by reason of the failure of the plan approval authority to timely act, the clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant.
(e) The project shall be approved by the plan approval authority subject only to those conditions that are necessary: (1) to ensure substantial compliance of the proposed project with the requirements of the smart growth zoning district or starter home zoning district ordinance or by-law; or (2) to mitigate any extraordinary adverse impacts of the project on nearby properties. An application may be denied only on the grounds that: (i) the project does not meet the conditions and requirements set forth in the smart growth zoning district or starter home zoning district ordinance or by-law; (ii) the applicant failed to submit information and fees required by the ordinance or by-law and necessary for an adequate and timely review of the design of the project or potential project impacts; or (iii) it is not possible to adequately mitigate extraordinary adverse project impacts on nearby properties by means of suitable conditions.
(f) Any court authorized to hear appeals under section 17 of chapter 40A shall be authorized to hear an appeal from a decision under this section by a party who is aggrieved by such decision. Such appeal may be brought within 20 days after the decision has been filed in the office of the city or town clerk. Notice of the appeal, with a copy of the complaint shall be given to such city or town clerk so as to be received within such 20 days. Review shall be based on the record of information and plans presented to the plan approval authority. To avoid delay in the proceedings, instead of the usual service of process, the plaintiff shall within 14 days after the filing of the complaint, send written notice thereof, with a copy of the complaint, by delivery or certified mail to all defendants, including the members of the plan approval authority, and shall within 21 days after the entry of the complaint file with the clerk of the court an affidavit that such notice has been given. If no such affidavit is filed within such time, the complaint shall be dismissed.
(g) A complaint by a plaintiff challenging the approval of a project under this section shall allege the specific reasons why the project fails to satisfy the requirements of this chapter or other applicable law and allege specific facts establishing how the plaintiff is aggrieved by such decision. The plan approval authority's decision in such a case shall be affirmed unless the court concludes the plan approval authority abused its discretion under subsection (e) in approving the project. The applicant and all members of the plan approval authority shall be named as defendant parties.
(h) A plaintiff seeking to reverse approval of a project under this section shall post a bond in an amount to be set by the court that is sufficient to cover twice the estimated: (i) annual carrying costs of the property owner, or a person or entity carrying such costs on behalf of the owner for the property, as may be established by affidavit; plus (ii) an amount sufficient to cover the defendant's attorneys fees, all of which shall be computed over the estimated period of time during which the appeal is expected to delay the start of construction. The bond shall be forfeited to the property owner in an amount sufficient to cover the property owner's carrying costs and legal fees less any net income received by the plaintiff from the property during the pendency of the court case in the event a plaintiff does not substantially prevail on its appeal.
(i) An applicant for plan approval who appeals from a project denial or conditional approval shall identify in its complaint the specific reasons why the plan approval authority's decision fails to satisfy requirements of this chapter or other applicable law. The plan approval authority shall have the burden of justifying its decision by substantial evidence in the record.
(j) The land court department, the superior court department and the housing court department shall have jurisdiction over an appeal under this section and shall give priority to such an appeal.
(k) The first paragraph of section 16 of chapter 40A shall not apply to applications for projects within a smart growth zoning district or starter home zoning district.
(l) A project approval shall remain valid and shall run with the land indefinitely provided that construction has commenced within 2 years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall also be extended if the project proponent is actively pursuing other required permits for the project or there is other good cause for the failure to commence construction, or as may be provided in an approval for a multi-phase project.
SECTION 45. Chapter 40R is hereby amended by striking out section 14, as amended by section 14 of chapter 5 of the acts of 2019, and inserting in place thereof the following section:-
Section 14. (a) If, within 3 years, no construction of an approved project has been started within the smart growth zoning district or starter home zoning district, the department shall require the cities and towns to repay to the department all monies paid to the city or town under this chapter for said smart growth zoning district or starter home zoning district. Said 3 years shall commence on the date of the payment of the zoning incentive payment for said smart growth zoning district or starter home zoning district and may be extended by the department for good cause in accordance with the department's regulations. All monies repaid to the department under this section shall be credited to the funding source from which the payment originated.
(b) Within 60 days of receiving written approval by the department of an amendment of a zoning ordinance or by-law affecting an approved smart growth zoning district or starter home zoning district in accordance with subsection (g) of section 6, the city or town shall repay to the department any portion of the zoning incentive payment received in excess of the zoning incentive payment that would have been payable based on the sum of (i) the number of units that have been built and (ii) the number of units, if any, that will remain developable under the smart growth zoning or starter home zoning. The department may include under clause (ii) in the preceding sentence any units that are developable in 1 or more adopted smart growth zoning district or starter home zoning district for which no zoning incentive payment has been paid but for which the city or town is nonetheless eligible if the associated units would have the effect of replacing some or all of the units that will no longer be developable as a result of the proposed amendment or repeal. All monies repaid to the department under this section shall be credited to the funding source from which the payment originated.
SECTION 46. Section 1 of chapter 40S of the General Laws, as so appearing, is hereby amended by striking out, in line 51, the word "properties" and inserting in place thereof the following word:- buildings.
SECTION 47. Said section 1 of said chapter 40S, as so appearing, is hereby further amended by inserting, in line 61, after the figure "40R," the following words:- including without limitation smart growth zoning districts and starter home zoning districts as defined in section 1 of said chapter 40R.
Governor dissaproved of the following section by pocket veto
SECTION 48. Section 1 of chapter 40V of the General Laws, as so appearing, is hereby amended by inserting after the word "units", in line 18, the following words:- and not less than 10 per cent affordable: (i) rental units for persons whose income is not more than 60 per cent of the area median income; or (ii) owner-occupied units for persons whose income is not more than 80 per cent of the area median income.
SECTION 49. Section 2 of said chapter 40V, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The application shall include a plan that shall include a description of the activities, public and private, contemplated for such zone as of the date of the adoption of the zone plan, including information as the department may require in written guidelines.
Governor dissaproved of the following section by pocket veto
SECTION 50. Section 4 of said chapter 40V, as so appearing, is hereby amended by inserting after the word "units", in line 8, the following words:- and not less than 10 per cent affordable: (A) rental units for persons whose income is not more than 60 per cent of the area median income; or (B) owner-occupied units for persons whose income is not more than 80 per cent of the area median income.
SECTION 51. Said section 4 of said chapter 40V, as so appearing, is hereby further amended by striking out, in line 15, the words "as certified projects under section 2" and inserting in place thereof the following words:- under section 2 as certified projects under this section.
SECTION 52. Said section 4 of said chapter 40V, as so appearing, is hereby further amended by striking out, in line 25, the words "executed agreement by the municipality which" and inserting in place thereof the following words:- agreement executed by the municipality that is approved by the department and.
SECTION 53. Subsection (e) of said section 4 of said chapter 40V, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
The department shall review each pending project proposal and completed certified housing development project not less than once every 2 years. The certification of a project may be revoked by the department if: (i)(A) the municipality that approved the project proposal files a petition that satisfies the authorization requirements for a municipal application or the petition of the director of the department; and (B) the department determines, after an independent investigation, that representations made by the sponsors in its project proposal are materially different from the conduct of the sponsors subsequent to the certification and such difference is found to frustrate the public purposes that the certification was intended to advance; or (ii) the project no longer meets the criteria in this section. Upon revocation, the commonwealth and the municipality may bring a cause of action against the sponsors for the value of any economic benefit received by the sponsors prior to or subsequent to such revocation.
SECTION 54. The third paragraph of said subsection (e) of said section 4 of said chapter 40V, as so appearing, is hereby amended by adding the following sentence:- The report shall include, but not be limited to: (i) a list of municipalities with approved HD zones; (ii) a list of housing development projects that have received certification; (iii) information about each housing development project, including the site address, project sponsor, range of rents of the residential units, type of residential units, number of each type of residential unit, number of affordable rental units for persons whose income is not more than 60 per cent of the area median income and the number of affordable owner-occupied units for persons whose income is not more than 80 per cent of the area median income; and (iv) the total amount of qualified project expenditures for which a tax credit was issued or reserved pursuant to section 5 for each housing development project, the year the credit was issued and the completion or estimated completion year of the housing development project.
Governor dissaproved of the following section by pocket veto
SECTION 55. Section 5 of said chapter 40V, as so appearing, is hereby amended by inserting after the word "rate", in lines 4 and 14, the following words:- and affordable.
SECTION 56. The General Laws are hereby amended by inserting after chapter 40W the following chapter:-
CHAPTER 40X.
TOURISM DESTINATION MARKETING DISTRICTS.
Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-
"Commissioner", the commissioner of revenue.
"Elector", a tourism destination marketing district member or the authorized representative of a district member.
"Lead jurisdiction", the city or town in which the tourism destination marketing district petition is filed.
"Lodging business", any hotel or motel, as defined in section 1 of chapter 64G, and subject to the excise imposed by chapter 64G.
"Lodging business owner", the owner of record or the owner's authorized representative, of a lodging business.
"Management entity", an entity designated in a tourism destination marketing district plan to receive funds to carry out and implement the purposes of the tourism destination marketing district. The tourism destination marketing district plan shall designate a regional tourism council as the management entity. The management entity shall be required to furnish a surety bond conditioned on the faithful performance of its duties.
"Municipal governing body", the city council or board of aldermen in a city or the board of selectmen or town council in a town.
"Special assessment", a payment for supplemental services or improvements specified by the tourism destination marketing district plan.
"Special assessment formula", a formula used to calculate the special assessment pursuant to section 7.
"Standard government services", governmental functions, programs, activities, facilities, improvements and other services that a municipality is authorized to perform or provide.
"Supplemental services", the provision of programs, activities or information in addition to the standard governmental services provided in the tourism destination marketing district, including, marketing, sales activities or events in addition to other tourism and travel promotion activities.
"Tourism destination marketing district", a district formed pursuant to this chapter, which is a geographic area with clearly defined boundaries. A tourism destination marketing district may include multiple tourism regions served by multiple regional tourism councils; provided, however, that there shall only be 1 regional tourism council designated as the management entity for each tourism destination marketing district. Only those lodging businesses meeting the criteria described in the petition and tourism destination marketing district plan shall be liable for the tourism destination marketing district's special assessment. The geographic regions within a tourism destination marketing district need not be contiguous.
"Tourism destination marketing district committee" or "district committee", a committee selected by the management entity's board of directors responsible for overseeing the ongoing district plan.
"Tourism destination marketing district member" or "district member", a lodging business owner who participates in a tourism destination marketing district.
"Tourism destination marketing district plan" or "district plan", the strategic plan for the tourism destination marketing district that sets forth the supplemental services and programs, budget and special assessment structure, the criteria for inclusion of lodging businesses, and the management entity and tourism destination marketing district committee for the tourism destination marketing district, and is approved by the local municipal governing body as part of the creation of the tourism destination marketing district. The updated tourism destination marketing district plan shall take effect upon the approval of a majority of electors, with each elector's vote having the same weight. Any amendment to the tourism destination marketing district plan under section 9 shall be deemed to be an update of the tourism destination marketing district plan.
Section 2. The rights and powers of the management entity of the tourism destination marketing district approved by a municipal governing body pursuant to section 3 shall include: (i) retaining or recruiting business; (ii) administering and managing the tourism destination marketing district; (iii) promoting economic development; (iv) formulating a special assessment structure; (v) planning and design services; (vi) design, engineer, construct, maintain or operate buildings, facilities, urban streetscapes or infrastructure to further economic development and public purposes; (vii) accumulating interest; (viii) incurring costs or indebtedness; (ix) entering into contracts; (x) suing and being sued; (xi) employing legal and accounting services; (xii) undertaking planning, feasibility and market analyses; (xiii) developing, implementing, and conducting tourism marketing and promotional activities; and (xiv) other supplemental services or programs that would further the purposes of this chapter.
Section 3. (a) The organization of a tourism destination marketing district shall be initiated by a petition of the lodging business owners within the proposed tourism destination marketing district, which shall be filed in the office of the clerk of the municipality that is to serve as the lead jurisdiction. The petition shall contain:-
(i) the signatures of 62 per cent of the tourism destination marketing district members in the proposed tourism destination marketing district;
(ii) a description of and site map delineating the boundaries of the proposed tourism destination marketing district;
(iii) the initial list of lodging businesses to be included in the proposed tourism destination marketing district. Lodging businesses that commence operations after the formation of the tourism destination marketing district and meet the criteria by which lodging businesses are assessed by the tourism destination marketing district shall be included in the tourism destination marketing district pursuant to section 4;
(iv) the proposed tourism destination marketing district plan, which shall set forth the supplemental services and programs, update mechanism, criteria by which lodging businesses are assessed by the tourism destination marketing district, and budget and special assessment structures; and
(v) the identity and address of the management entity and the tourism destination marketing district committee.
A copy of said petition shall be filed with the clerk of the lead jurisdiction and the commissioner within 30 days of receipt of such petition by the clerk of the lead jurisdiction.
(b) All required procedures related to the formation, operation and renewal of the tourism destination marketing district shall only be carried out by the lead jurisdiction. A lead jurisdiction is authorized to form a tourism destination marketing district that includes other cities or towns; provided, however, that the lead jurisdiction may not vote to form a tourism destination marketing district that includes the territorial jurisdiction of another city or town within the tourism destination marketing district's boundaries until it has received consent, by vote, from such other city or town's local municipal governing body.
Section 4. (a) The municipal governing body of the lead jurisdiction shall hold a public hearing within 60 days of the receipt of a petition. Written notification of such hearing shall be sent to each tourism destination marketing district member within the boundary of the proposed tourism destination marketing district at least 30 days prior to such hearing, by mailing notice to the address listed in the business records of the municipalities proposed to be included within the boundaries of the tourism destination marketing district or, if no such records exist, by such other method as determined by the clerk of the municipality. Notification of the hearing shall also be published for 2 consecutive weeks in a newspaper of general circulation in the area, with the first date of publication beginning at least 14 days prior to such hearing listed on the municipality's website. Such public notice shall contain the proposed boundaries of the tourism destination marketing district, the proposed special assessment rate formula, a summary of the supplemental services provided by the petitioners and where the property owner may obtain a full copy of the petition and the management plan.
(b) Prior to the public hearing, the municipal governing body of the lead jurisdiction shall direct the clerk of the lead jurisdiction or the clerk's designee to determine that the establishment criteria and other petition requirements have been met, as set forth in section 3.
(c) At the public hearing, the municipal governing body of the lead jurisdiction shall determine if the petition satisfies the purposes set forth and the establishment criteria of this chapter and shall obtain public comment regarding the tourism destination marketing district plan and the effect the proposed tourism destination marketing district will have on the lodging business owners within the proposed tourism destination marketing district. If it appears that said petition is not in conformity with the purposes and establishment criteria, said local municipal governing body shall dismiss the petition. At the public hearing, the presiding officer or clerk of said local municipal governing body shall read into the record the basis for determining the special assessment pursuant to section 7 and the process by which tourism destination marketing district members may vote not to renew such tourism destination marketing district.
(d) Not more than 45 days after the close of the public hearing, the municipal governing body, in its sole discretion, may approve or disapprove the tourism destination marketing district by majority vote. Upon such declaration, the tourism destination marketing district may commence operations.
(e) Notice of the declaration of the organization of the tourism destination marketing district shall be mailed or delivered to each tourism destination marketing district member within the proposed tourism destination marketing district. The notice shall explain: (i) that membership in the tourism destination marketing district is irrevocable unless as provided in subsection (g) or the dissolution under section 10; (ii) a description of the basis for determining the special assessment; (iii) the criteria by which lodging businesses are assessed by the tourism destination marketing district; (iv) the special assessment rate; and (v) the proposed supplemental services to be provided by the tourism destination marketing.
Such notice shall be published for 2 consecutive weeks in a newspaper of general circulation in the area, the last publication being not more than 14 days after the vote to declare the tourism destination marketing district organized and shall be posted on the municipality's website.
(f) Once established, participation in the tourism destination marketing district shall be permanent until after the discontinuation of the tourism destination marketing district as provided in this section, or until the dissolution of the tourism destination marketing district under section 10. All participating lodging business owners shall make payments in accordance with the special assessment set out in the petition or management plan. Non-participating lodging business owners in the tourism destination marketing district shall become tourism destination marketing district members and shall be assessed on the date that their business meets the criteria by which lodging businesses are assessed by the tourism destination marketing district.
(g) On or before the fifth anniversary of the organization of a newly created tourism destination marketing district and the fifth anniversary thereafter of the date of the most recent renewal of the tourism destination marketing district under this section, the tourism destination marketing district committee shall call a renewal meeting of the tourism destination marketing district members to: (i) review the history of the tourism destination marketing district since its organization or, if applicable, its most recent renewal; (ii) propose an updated tourism destination marketing district plan to succeed the then current tourism destination marketing district plan; and (iii) consider whether to continue the tourism destination marketing district. The meeting shall be held at a location within the tourism destination marketing district. Notice of the meeting shall be given to tourism destination marketing district members at least 30 days prior to the meeting. The tourism destination marketing district shall continue after each renewal meeting if a majority of tourism destination marketing district members who are not more than 30 days in arrears in any payment due to the tourism destination marketing district and are present at the renewal meeting, in person or by proxy, vote to renew the tourism destination marketing district.
Such renewal shall last for a term of 5 years commencing on the first day of the next fiscal year of the tourism destination marketing district.
(h) If the tourism destination marketing district members elect not to continue the tourism destination marketing district, the tourism destination marketing district committee shall conclude the business of the tourism destination marketing district prior to the sixth anniversary of the tourism destination marketing district's creation, or of the prior renewal vote, as the case may be, and proceed to discontinue the tourism destination marketing district. Notice of the discontinuation vote shall be given to the municipal governing body of the lead jurisdiction, which shall formally declare the tourism destination marketing district dissolved as of such sixth anniversary; provided, however, that the tourism destination marketing district shall not be dissolved until it has received the accounts receivable due to the tourism destination marketing district and until it has satisfied or paid in full all of its outstanding indebtedness, obligations and liabilities, or until funds are on deposit and available therefor, or until a repayment schedule has been formulated and approved by said local municipal governing body.
(i) Except as necessary to conclude the business of the tourism destination marketing district, the tourism destination marketing district shall not incur any new or increased financial obligations after such sixth anniversary. Upon the dissolution of a tourism destination marketing district, the remaining assets shall first be applied to repay obligations of the tourism destination marketing district, and then in accordance with the tourism destination marketing district plan, as updated.
(j) Nothing in this section shall prevent the filing of a subsequent petition for a similar project.
Section 5. (a) Each tourism destination marketing district shall be governed by a management entity's tourism destination marketing district committee to oversee its operations and ensure the implementation of the tourism destination marketing district plan. The management entity and its tourism destination marketing district committee shall be set forth in the petition and tourism destination marketing district plan. A majority of the membership of the tourism destination marketing district committee shall be lodging business owners paying the tourism destination marketing district assessment.
(b) A tourism destination marketing district plan shall, within the limitations described in section 9, be updated at least once every 5 years by the tourism destination marketing district committee, and a copy thereof shall be mailed or delivered to each tourism destination marketing district member and shall file a copy of such update with the municipal governing body and the commissioner.
Section 6. All lodging businesses described in the petition and located within the proposed tourism destination marketing district shall be considered in the special assessment methodology for the supplemental services and programs as outlined in the tourism destination marketing district plan.
Section 7. (a) By formal approval of a tourism destination marketing district, the municipal governing body of a lead jurisdiction shall adopt the special assessment methodology for the financing of supplemental services submitted in the tourism destination marketing district plan for the tourism destination marketing district.
(b) The basis of such special assessment may be determined by a formula utilizing any 1 or a combination of the following:
(i) different rates for varying classifications of lodging businesses;
(ii) different rates for different benefit zones; or
(iii) any other formula which meets the objectives of the tourism destination marketing district.
The special assessment shall be equal to a percentage, not to exceed 2 per cent, of the total amount of rent taxable under chapter 64G.
(c) The methodology for determining the tourism destination marketing district special assessment shall be set forth in the original petition as required by section 3.
(d) In addition to receiving funds from the tourism destination marketing district special assessment, the management entity may receive grants, donations or gifts on behalf of the tourism destination marketing district.
Section 8. (a) Assessed lodging businesses shall pay the tourism destination marketing district special assessment to the commissioner at the time provided for filing the return required by section 16 of chapter 62C. All sums received by the commissioner under this chapter shall, at least quarterly, be distributed, credited and paid by the state treasurer upon certification of the commissioner, to each management entity in proportion to the amount of such sums received from the respective tourism destination marketing districts.
(b) The special assessments collected shall be used solely to fund supplemental services identified and approved in the tourism destination marketing district plan for the tourism destination marketing district.
(c) Following establishment of the tourism destination marketing district, if any return by an assessed lodging business is not filed with the commissioner on or before its due date or within any extension of time granted by the commissioner, there shall be added to and become a part of the special assessment a penalty of 1 per cent of the amount required to be shown as the special assessment on such return for each month or fraction thereof during which such failure continues, not exceeding, in the aggregate, 25 per cent of said amount.
(d) If any amount of the special assessment is not paid to the commissioner on or before the date prescribed for payment of such special assessment, determined with regard to any extension of time for payment, there shall be added to the amount shown as the special assessment on such return a penalty of 1 per cent of the amount of such special assessment for each month or fraction thereof during which such failure continues, not exceeding, in the aggregate, 25 per cent of said amount.
(e) An annual audit, certified by a certified public accountant, of the revenues generated, the grants, donations and gifts received, and the expenses incurred by the tourism destination marketing district shall be made within 120 days of the close of the fiscal year, and shall be placed on file with the commissioner. Such accounting shall be a public record.
(f) The commissioner may promulgate rules and regulations for the assessing, reporting, collecting, remitting and enforcement of the special assessment under this section.
Section 9. (a) At any time after the establishment of a tourism destination marketing district pursuant to this chapter, the tourism destination marketing district plan upon which the establishment was based may, upon the recommendation of the management entity's tourism destination marketing district committee be amended by the municipal governing body of the lead jurisdiction after compliance with the procedures set forth in this section; provided, however, that a lead jurisdiction may not approve amendments to the boundaries of a tourism destination marketing district that include the territorial jurisdiction of a city or town not yet included in the tourism destination marketing district without the consent, by vote, from such other city or town's local municipal governing body.
Amendments to the tourism destination marketing district plan shall be subject to the approval of the municipal governing body of the lead jurisdiction for the following: (i) providing for additional supplemental services that affect more than 25 per cent of the total annual budget; (ii) incurring indebtedness; (iii) changing the special assessment methodology, management entity or tourism destination marketing district committee; or (iv) change the tourism destination marketing district boundaries; provided, however, that said municipal governing body, after a public hearing, determines that it is in the public interest to adopt said amendments.
(b) The municipal governing body shall give notice of the public hearing for the amendment to the district plan. Such notice shall be published for 2 consecutive weeks in a newspaper of general circulation in the area, with the first date of publication beginning at least 14 days prior to such hearing, and shall specify the time and the place of such hearing and the amendments to be considered.
(c) The local municipal governing body may, within 30 days of the public hearing and, in its sole discretion, declare the amendments approved or disapproved. If approved, such amendments shall be effective upon the date of such approval.
(d) Upon the adoption of any amendment to the tourism destination marketing district boundaries that increases the size of the tourism destination marketing district, any assessed lodging business owner to be added to the tourism destination marketing district shall be notified of the new boundaries of the tourism destination marketing district in accordance with section 4.
Section 10. (a) Any tourism destination marketing district established or extended pursuant to this chapter may be disestablished by declaration of the local municipal governing body of the lead jurisdiction in either of the following circumstances:
(i) if said local municipal governing body finds there has been misappropriation of funds, malfeasance or a violation of law in connection with the management of the tourism destination marketing district, it shall hold a hearing on disestablishment. Notice of the hearing shall be mailed to all tourism destination marketing district members within the tourism destination marketing district and shall be published in a newspaper of general circulation in the area at least 14 days prior to such hearing; or
(ii) during the operation of the tourism destination marketing district, there shall be a 30-day period each year in which the tourism destination marketing district may be dissolved by petition to the local municipal governing body and a subsequent decision by the local municipal governing body to authorize the dissolution. The 30-day period shall begin each successive year on the anniversary of the date the local municipal governing body formally approved the tourism destination marketing district. In order to be considered by the local municipal governing body, a petition to dissolve a tourism destination marketing district shall contain the signatures of a majority of the electors. The local municipal governing body shall hold a public hearing within 30 days of receipt of a completed petition on the issue of dissolution. Notice of the hearing shall be mailed to all tourism destination marketing district members within the tourism destination marketing district and shall be published in a newspaper of general circulation in the area at least 14 days prior to such hearing.
Following the public hearing, the local municipal governing body may declare the tourism destination marketing district dissolved; provided, however, that no tourism destination marketing district shall be dissolved until it has satisfied or paid in full all of its outstanding indebtedness, obligations and liabilities; or until funds are on deposit and available therefor; or until a repayment schedule has been formulated and municipally approved therefor. In addition, the tourism destination marketing district shall be prohibited from incurring any new or increased financial obligations.
(b) Any liabilities, either current or future, incurred as a result of action to accomplish the purposes of the tourism destination marketing district plan shall not be an obligation of the municipality. Said liabilities shall be paid for entirely from special assessment revenue gained from the assessed lodging businesses in the tourism destination marketing district.
(c) Upon the dissolution of a tourism destination marketing district, any remaining revenues derived from the sale of assets acquired with special assessments collected shall be refunded to the lodging businesses owners in the tourism destination marketing district in which special assessments were charged by applying the same methodology used to calculate the special assessment in the fiscal year in which the tourism destination marketing district is dissolved in amounts proportionate to each lodging business's share of the total special assessments collected in the fiscal year in which the tourism destination marketing district is dissolved or in accordance with the tourism destination marketing district plan, as updated.
Section 11. The validity of an assessment levied pursuant to this chapter shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the formal approval of the tourism destination marketing district by the local municipal governing body of the lead jurisdiction. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after entry of judgment.
SECTION 57. Said section 6 of said chapter 62, as so appearing, is hereby further amended by adding the following subsection:-
(w)(1) As used in this subsection, the following words shall have the following meanings unless the context clearly requires otherwise:
"Commissioner", the commissioner of revenue.
"Cranberry bog", an area actively cultivated for the harvesting or production of cranberries.
"Qualified renovation'', the renovation, repair, replacement, regrading or restoration of a cranberry bog for the cultivation, harvesting or production of cranberries or any other activity or action associated with the renovation of an abandoned cranberry bog; provided, however, that "qualified renovation" shall not include the construction of facilities or structures for the processing of cranberries.
"Qualified renovation expenditure", an expenditure or a cost directly incurred in connection with the qualified renovation of a cranberry bog; provided, however, that "qualified renovation expenditure" shall not include costs incurred in acquiring or purchasing property for the construction of structures for the cultivation, harvesting or production of cranberries.
"Secretary", the secretary of energy and environmental affairs.
"Taxpayer'', a taxpayer subject to taxation under this chapter.
(2)(i) A taxpayer primarily engaged in cranberry production shall be allowed a credit against the taxes imposed by this chapter equal to 25 per cent of the total qualified renovation expenditures incurred in connection with the qualified renovation of a cranberry bog during the taxable year; provided, however, the amount of the credit that may be claimed by a taxpayer under this section shall not exceed $100,000.
(ii) The credit under this subsection shall be taken against the taxes imposed under this chapter and shall be refundable. The commissioner shall apply the credit against the liability of the taxpayer as determined on its return, as first reduced by any other available credits, and shall then refund to the taxpayer the balance of the credits. If the amount of the credit allowed under this subsection exceeds the taxpayer's tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward by the taxpayer to any of the 5 subsequent taxable years.
(iii) The secretary, in consultation with the commissioner of agricultural resources, shall authorize annually, for the period beginning January 1, 2020 and ending December 31, 2024, tax credits under this subsection together with section 38II of chapter 63 in an amount not to exceed $2,000,000 per taxable year. No credits shall be allowed under this subsection except to the extent authorized in this paragraph.
(3) For a taxpayer to qualify for a credit under this subsection, the taxpayer shall file with the secretary a summary of qualified renovation expenditures in connection with the qualified renovation. The secretary shall approve the summary of qualified renovation expenditures and provide notice to the commissioner. Any qualified renovation expenditures applicable to this credit shall be treated for purposes of this subsection as made on the date that the secretary provides notice of the certification to the commissioner.
(4) Any portion of tax credits not awarded by the secretary in a calendar year shall not be applied to awards in a subsequent calendar year. The secretary shall provide any documentation that the commissioner may deem necessary to confirm compliance with subparagraph (iii) of paragraph (2) and the commissioner shall provide a report confirming compliance to the secretary of administration and finance.
(5) The secretary shall annually, not later than September 1, file a report with the house and senate committees on ways and means, the joint committee on environment, natural resources and agriculture and the joint committee on revenue identifying the total amount of tax credits claimed and the total amount of tax credits refunded pursuant to this subsection in the preceding fiscal year.
(6) The secretary, in consultation with the commissioner of agricultural resources and the commissioner of revenue, shall promulgate regulations or other guidelines necessary for the administration and implementation of this subsection.
SECTION 58. Section 6I of said chapter 62, as so appearing, is hereby amended by striking out, in line 70, the figure "$20,000,000" and inserting in place thereof the following figure:- $40,000,000.
SECTION 59. Said section 6I of said chapter 62, as so appearing, is hereby further amended by striking out the figure "$40,000,000", inserted by section 54, and inserting in place thereof the following figure:- $20,000,000.
SECTION 60. Subsection (b) of section 31H of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out the figure "$20,000,000" and inserting in place thereof the following figure:- $40,000,000.
SECTION 61. Said section 31H of said chapter 63, as so appearing, is hereby further amended by striking out the figure "$40,000,000", inserted by section 56, and inserting in place thereof the following figure:- $20,000,000.
Governor dissaproved of the following section by pocket veto
SECTION 62. Chapter 63 of the General Laws is hereby amended by inserting after section 38HH the following 2 sections:-
Section 38II. (a) The purpose of this section shall be to attract capital investment to businesses in rural areas of the commonwealth in order to promote the retention and expansion of existing jobs, stimulate the creation of new jobs, and attract new business and industry to rural areas of the commonwealth.
(b) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Affiliate", an entity that directly or indirectly through 1 or more intermediaries, controls, is controlled by, or is under common control with another entity. An entity is controlled by another entity if: (i) the controlling entity holds, directly or indirectly, the majority voting or ownership interest in the controlled entity; or (ii) has control over the day-to-day operations of the controlled entity by contract or by law.
"Closing date", the date on which a rural growth fund has collected all of the amounts specified by subsection (c).
"Credit-eligible capital contribution", an investment of cash by a person subject to tax under this chapter in a rural growth fund that equals the amount specified on a tax credit certificate issued by the MOBD under paragraph (5) of subsection (c) of this section; provided, however, that the investment shall purchase an equity interest in the rural growth fund or purchase, at par value or premium, a debt instrument that has a maturity date at least 5 years from the closing date.
"MOBD", the Massachusetts office of business development established in section 1 of chapter 23A.
"Investment authority", the amount stated on the notice issued under paragraph (5) of subsection (c) certifying the rural growth fund; provided, however, that at least 60 per cent of a rural growth fund's investment authority shall be comprised of credit-eligible capital contributions.
"Jobs created", newly created positions of employment that were not previously located in the commonwealth at the time of the initial rural growth investment in the rural business concern and that require a minimum of 35 hours worked each week, measured each year by subtracting the number of employment positions at the time of the initial rural growth investment in the rural business concern from the monthly average of employment positions for the applicable year. The monthly average shall be calculated by adding together the number of employment positions existing on the last day of each month of the applicable year and dividing by 12. Such number shall not be less than zero.
"Jobs retained", positions requiring a minimum of 35 hours worked each week that existed prior to the initial rural growth investment. Retained jobs shall be counted each year based on the monthly average of employment positions for the applicable year. The monthly average shall be calculated by adding together the number of employment positions existing on the last day of each month of the applicable year and dividing by 12. Such number shall not exceed the initial amount of retained jobs reported and shall be reduced each year if employment at the rural business concern drops below such number.
"Principal business operations", the principal operations of a business are located at the place or places where at least 80 per cent of its employees work or where employees that are paid at least 80 per cent of its payroll work; provided, however, that an out-of-state business that has agreed to relocate employees using the proceeds of a rural growth investment to establish its principal business operations in a rural area in the commonwealth shall be deemed to have its principal business operations in this new location if it satisfies this definition within 180 days after receiving the rural growth investment, unless the MOBD agrees to a later date.
"Rural area", a municipality with population densities of less than 500 residents per square mile, according to the latest decennial census of the United States.
"Rural business concern", a business that, at the time of the initial investment in the company by a rural growth fund: (i) has less than 250 employees and not more than $10,000,000 in revenue for the preceding taxable year; (ii) has its principal business operations in 1 or more rural areas in the commonwealth; and (iii) is engaged in industries related to manufacturing, plant sciences, services or technology or other industries as MOBD may approve, or, if not engaged in such industries, the MOBD makes a determination that the investment will be highly beneficial to the economic growth of the commonwealth.
"Rural growth fund", an entity certified by the MOBD under subsection (c).
"Rural growth investment", any capital or equity investment in a rural business concern or any loan to a rural business concern with a stated maturity at least 1 year after the date of issuance.
(c)(1) The MOBD shall accept applications for approval as a rural growth fund; provided, however, that the application shall include:
(i) the total investment authority sought by the applicant under the business plan;
(ii) the following documents and other evidence:
(A) a copy of the applicant's or an affiliate of the applicant's license as a rural business investment company under 7 U.S.C. 2009cc, or as a small business investment company under 15 U.S.C. 681; and evidence sufficient to prove that at least 1 principal in a rural business investment company licensed under 7 U.S.C. 2009cc et seq. or a small business investment company licensed under 15 U.S.C. 681 is, and has been for at least 4 years, an officer or employee of the applicant or of an affiliate of the applicant on the date the application is submitted; and (B) evidence sufficient to prove, to the satisfaction of the MOBD, that as of the date the application is submitted, the applicant or affiliates of the applicant have invested at least $50,000,000 in non-public companies located in rural areas;
(iii) an estimate of the number of jobs created and jobs retained in the commonwealth as a result of the applicant's rural growth investments;
(iv) a business plan that includes a revenue impact assessment projecting state and local tax revenue to be generated by the applicant's proposed rural growth investments prepared by a nationally recognized third-party independent economic forecasting firm using a dynamic economic forecasting model that analyzes the applicant's business plan over the 10 years following the date the application is submitted to the MOBD; provided, however, that the dynamic forecasting model shall consider the economic impact of retained jobs as well as created jobs in the business plan;
(v) a signed affidavit from each investor stating the amount of credit-eligible capital contributions each taxpayer commits to make; and
(vi) a non-refundable application fee of $5,000.
(2) The MOBD shall make an application determination within 30 days of receipt in the order in which the applications are received. The MOBD shall deem applications received on the same day to have been received simultaneously. The MOBD shall not approve more than $100,000,000 in investment authority and not more than $60,000,000 in credit-eligible capital contributions under this section. If a request for investment authority exceeds this limitation, the MOBD shall reduce the investment authority and the credit-eligible capital contributions for that application as necessary to avoid exceeding the limit. If multiple applications received on the same day request a combined investment authority that exceeds this limitation, the MOBD shall proportionally reduce the investment authority and the credit eligible capital contributions for those applications as necessary to avoid exceeding the limit.
(3) The MOBD shall deny an application submitted under this section if any of the following are true:
(i) the application is incomplete or the application fee is not paid in full;
(ii) the applicant does not satisfy all the criteria described in clause (ii) of paragraph (1);
(iii) the revenue impact assessment submitted under clause (iv) of paragraph (1) does not demonstrate that the applicant's business plan, and associated created and retained jobs, will result in a positive economic impact on the commonwealth over a 10-year period that exceeds the cumulative amount of tax credits that would be issued to the applicant's investors under subsection (d) if the application were approved;
(iv) the credit-eligible capital contributions described in affidavits submitted under clause (v) of paragraph (1) do not equal at least 60 per cent of the total amount of investment authority sought under the applicant's business plan; or
(v) the MOBD has already approved the maximum amount of investment authority and credit eligible capital contributions allowed under paragraph (2).
(4) If the MOBD denies an application, the applicant may provide additional information to the MOBD to complete, clarify or cure defects in the application identified by the MOBD within 15 days of the notice of denial for reconsideration and determination. If the applicant completes, clarifies or cures its application within 15 days after the date of the notice of denial, the application shall be considered complete as of the original date of submission. If the applicant fails to provide the information to complete, clarify or cure its application within the 15-day period, the application remains denied and must be resubmitted in full with a new date of submission. The MOBD shall review and reconsider such applications within 30 days and before any pending application submitted after the original submission date of the reconsidered application.
(5) The MOBD shall not deny a rural growth fund application or reduce the requested investment authority for reasons other than those described in paragraphs (2) and (3). Upon approval of an application, the MOBD shall provide a written approval to the applicant as a rural growth fund specifying the amount of the applicant's investment authority and a tax credit certificate to each investor whose affidavit was included in the application specifying the amount of the investor's credit-eligible capital contribution.
(6) After receiving the approval issued under paragraph (5), a rural growth fund shall:
(i) within 60 days:
(A) collect the credit-eligible capital contributions from each taxpayer issued a tax credit certificate under paragraph (5), and
(B) collect 1 or more investments of cash that, when added to the contributions collected under subclause (A), equal the rural growth fund's investment authority; provided, however, that at least 10 per cent of the rural growth fund's investment authority shall be comprised of equity investments contributed by affiliates of the rural growth fund, including employees, officers and directors of such affiliates; and
(ii) within 65 days, send to the MOBD documentation sufficient to prove that the amounts described in clause (i) have been collected.
(7) If the rural growth fund fails to fully comply with paragraph (6), the rural growth fund's approval shall lapse and the corresponding investment authority and credit-eligible capital contributions under said paragraph (6) shall not count toward the limits on the program size prescribed in paragraph (2). The MOBD shall first award lapsed investment authority pro rata to each rural growth fund that was awarded less than the requested investment authority under said paragraph (2), which a rural growth fund may allocate to its investors at its discretion. Any remaining investment authority may be awarded by the MOBD to new applicants.
(d) (1) There is hereby allowed a nonrefundable tax credit for taxpayers that made a credit-eligible capital contribution to a rural growth fund and were issued a tax credit certificate under paragraph (5) of subsection (c). The credit may be claimed against the tax imposed by this chapter. The credit may not be sold, transferred or allocated to any other entity other than an affiliate subject to the tax imposed by this chapter.
(2) On the closing date, the taxpayer shall earn a vested credit equal to the amount of the taxpayer's credit-eligible capital contribution to the rural growth fund as specified on the tax credit certificate. The taxpayer may claim up to 25 per cent of the credit authorized under this subsection for each of the taxable years that includes the third, fourth, fifth or sixth anniversary of the closing date, exclusive of amounts carried forward pursuant to paragraph (3).
(3) If the amount of the credit for a taxable year exceeds the tax otherwise due for that year, the excess shall be carried forward to ensuing taxable years until fully used. A taxpayer claiming a credit under this section shall submit a copy of the tax credit certificate with the taxpayer's return for each taxable year for which the credit is claimed.
(e)(1) The MOBD shall revoke a tax credit certificate issued under subsection (c) if any of the following occurs with respect to a rural growth fund before it exits the program in accordance with paragraph (4):
(i) the rural growth fund in which the credit-eligible capital contribution was made does not invest 100 per cent of its investment authority in rural growth investments in the commonwealth within 2 years of the closing date; provided, however, that, for the purpose of satisfying the requirements of this clause, the maximum amount of rural growth investments that a rural growth fund may count with respect to a single rural business concern, including amounts invested in affiliates of the rural business concern, may not exceed the greater of $5,000,000 or 20 per cent of the rural growth fund's investment authority;
(ii) the rural growth fund, after satisfying clause (i), fails to maintain rural growth investments equal to 100 per cent of its investment authority until the sixth anniversary of the closing date; provided, however, that an investment shall be considered to be "maintained" even if the investment is sold or repaid if the rural growth fund reinvests an amount equal to the capital returned or recovered by the fund from the original investment, exclusive of any profits realized, in other rural growth investments in the commonwealth within 12 months of the receipt of such capital; provided further, that amounts received periodically by a rural growth fund shall be treated as continually invested in rural growth investments if the amounts are reinvested in 1 or more rural growth investments by the end of the following calendar year; provided, further, that, for purposes of satisfying the requirements of this clause, the maximum amount of rural growth investments that a rural growth fund may count with respect to a single rural business concern, including amounts invested in affiliates of the rural business concern, may not exceed the greater of $5,000,000 or 20 per cent of the rural growth fund's investment authority;
(iii) the rural growth fund, before exiting the program in accordance with paragraph (4), makes a distribution or payment that results in the rural growth fund having less than 100 per cent of its investment authority invested in rural growth investments in the commonwealth or available for investment in rural growth investments and held in cash and other marketable securities; or
(iv) the rural growth fund makes a rural growth investment in a rural business concern that directly or indirectly through an affiliate owns, has the right to acquire an ownership interest, makes a loan to, or makes an investment in the rural growth fund, an affiliate of the rural growth fund or an investor in the rural growth fund; provided, however, that this clause does not apply to investments in publicly traded securities by a rural business concern or an owner or affiliate of such concern; and provided further, that a rural growth fund shall not be considered an affiliate of a rural business concern solely as a result of its rural growth investment.
(2) Before revoking 1 or more tax credit certificates under this subsection, the MOBD shall notify the rural growth fund of the reasons for the pending revocation. The rural growth fund shall have 90 days from the date the notice was received to correct any violation outlined in the notice to the satisfaction of the MOBD and avoid revocation of the tax credit certificate.
(3) If tax credit certificates are revoked under this subsection, the associated investment authority and credit-eligible capital contributions shall not count toward the limit on total investment authority and credit-eligible capital contributions described in paragraph (2) of subsection (c). The MOBD shall first award reverted authority pro rata to each rural growth fund that was awarded less than the requested investment authority under paragraph (5) of subsection (c). The MOBD may award any remaining investment authority to new applicants.
(4) On or after the sixth anniversary of the closing date, a rural growth fund may apply to the MOBD to exit the program and no longer be subject to the provisions of this section. The MOBD shall respond to the application within 30 days of receipt. In evaluating the application, the fact that no tax credit certificates have been revoked and that the rural growth fund has not received a notice of revocation that has not been cured under paragraph (2) shall be sufficient evidence to prove that the rural growth fund is eligible to exit. The MOBD shall not unreasonably deny an application submitted under this paragraph. If the application is denied, the notice shall include the reasons for the denial.
(5) The MOBD shall not revoke a tax credit certificate after the rural growth fund's exit from the program.
(6) Once a rural growth fund has been determined to be eligible to exit under paragraph (4), if the number of jobs created and jobs retained by the rural business concerns that received rural growth investments from the rural growth fund, calculated pursuant to reports filed by the rural growth fund pursuant to subsection (g), is less than the number projected in the rural growth fund's business plan filed as part of its application for certification under subsection (c), then the commonwealth shall receive a percentage of any distribution or payment made to the equity holders of the rural growth fund in excess of the rural growth fund's investment authority and an amount equal to any projected increase in the equity holders' federal or state tax liability, including penalties and interest, related to the equity holders' ownership, management or operation of the fund; such percentage shall be equal to the percentage shortfall of the number of jobs created and retained relative to the projected jobs created and retained, as such number of jobs is certified under subsection (g) of this section; provided, however, that all reports filed by a rural growth fund under subjection (g) shall be taken into account to arrive at a summation of jobs created and retained.
(7) If the rural growth fund's rural growth investments achieved a 20 per cent or greater internal rate of return, the commonwealth shall receive 15 per cent of any distribution or payment made to the equity holders of the rural growth fund in excess of the rural growth fund's investment authority and an amount equal to any projected increase in the equity holders' federal or state tax liability, including penalties and interest, related to the equity holders' ownership of the fund. Any amounts payable to the state pursuant to paragraph (6) of this subsection shall be in addition to amounts due under this paragraph.
(8) All amounts payable to the commonwealth pursuant to paragraph (6) and (7) shall be subject to appropriation for purposes of supporting rural school aid.
(f) A rural growth fund, before making a rural growth investment, may request from the MOBD a written opinion as to whether the business in which it proposed to invest is a rural business concern. The MOBD, not later than the 15 business day after the date of receipt of the request, shall notify the rural growth fund of its determination. If the MOBD fails to notify the rural growth fund by the 15 business day of its determination, the business in which the rural growth fund proposes to invest shall be considered a rural business concern.
(g)(1) Each rural growth fund shall submit a report to the MOBD on or before the fifth business day after the second anniversary of the closing date. The report shall provide documentation as to the rural growth fund's rural growth investments and include:
(i) a bank statement evidencing each rural growth investment;
(ii) the name, location and industry of each business receiving a rural growth investment, including either the determination letter set forth in subsection (f) or evidence that the business qualified as a rural business concern at the time the investment was made;
(iii) the number of jobs created or jobs retained as a result of the rural growth fund's rural growth investments as of the last day of the preceding 2 calendar years; provided, however, that job numbers shall be certified by each rural business concern's independent certified public accountant that is licensed to do business in the commonwealth or by the rural growth fund's nationally recognized independent certified public accounting firm. MOBD shall publish a list of nationally recognized independent certified public accounting firms, which shall include at least 10 firms, within 12 months of certifying the first rural growth fund and shall periodically update such list as MOBD deems appropriate; and
(iv) any other information required by the MOBD.
(2) On or before the last day of February of each year following the year in which the report required under paragraph (1) is due, the rural growth fund shall submit an annual report to the MOBD, which shall include the following:
(i) the number of jobs created or jobs retained as a result of the rural growth fund's rural growth investments as of the last day of the preceding calendar year, which number shall be independently certified in accordance with clause (iii) of paragraph (1);
(ii) the average annual salary of the positions described in clause (i); and
(iii) any other information required by the MOBD.
(h) The MOBD shall promulgate regulations necessary to implement the provisions in this section.
Section 38JJ. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Commissioner", the commissioner of revenue.
"Cranberry bog", an area actively cultivated for the harvesting or production of cranberries.
"Qualified renovation'', the renovation, repair, replacement, regrading or restoration of a cranberry bog for the cultivation, harvesting or production of cranberries or any other activity or action associated with the renovation of an abandoned cranberry bog; provided, however, that "qualified renovation" shall not include the construction of facilities or structures for the processing of cranberries.
"Qualified renovation expenditure", an expenditure or a cost directly incurred in connection with the qualified renovation of a cranberry bog; provided, however, that "qualified renovation expenditure" shall not include costs incurred in acquiring or purchasing property for the construction of facilities or structures for the cultivation, harvesting or production of cranberries.
"Secretary", the secretary of energy and environmental affairs.
"Taxpayer'', a taxpayer subject to taxation under this chapter.
(b)(1) A taxpayer primarily engaged in cranberry production shall be allowed a credit against the taxes imposed by this chapter equal to 25 per cent of the total qualified renovation expenditures incurred in connection with the qualified renovation of a cranberry bog during the taxable year; provided, however, the amount of the credit that may be claimed by a taxpayer under this section shall not exceed $100,000.
(2) The credit under this section shall be taken against the taxes imposed under this chapter and shall be refundable. The commissioner shall apply the credit against the liability of the taxpayer as determined on its return, as first reduced by any other available credits, and shall then refund to the taxpayer the balance of the credits. If the amount of the credit allowed under this section exceeds the taxpayer's tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward by the taxpayer to any of the 5 subsequent taxable years.
(3) The secretary, in consultation with the commissioner of agricultural resources, shall authorize annually, for the period beginning January 1, 2020 and ending December 31, 2024, tax credits under this subsection together with subsection (w) of section 6 of chapter 62 in an amount not to exceed $2,000,000 per taxable year. No credits shall be allowed under this section except to the extent authorized in this section.
(c) For a taxpayer to qualify for the credit provided for under this section, the taxpayer shall file with the secretary a summary of qualified renovation expenditures in connection with the qualified renovation. The secretary shall approve the summary of qualified renovation expenditures and provide notice to the commissioner. Any qualified renovation expenditures applicable to this credit shall be treated for purposes of this section as made on the date that the secretary provides notice of the certification to the commissioner.
(d) Any portion of tax credits not awarded by the secretary in a calendar year shall not be applied to awards in a subsequent calendar year. The secretary shall provide any documentation that the commissioner may deem necessary to confirm compliance with paragraph (3) of subsection (b) and the commissioner shall provide a report confirming compliance to the secretary of administration and finance.
(e) The secretary shall annually, not later than September 1, file a report with the house and senate committees on ways and means, the joint committee on environment, natural resources and agriculture and the joint committee on revenue identifying the total amount of tax credits claimed and the total amount of tax credits refunded pursuant to this section in the preceding fiscal year.
(f) The secretary, in consultation with the commissioner of agricultural resources and the commissioner of revenue, shall promulgate regulations or other guidelines necessary for the administration and implementation of this section.
Governor dissaproved of the following section by pocket veto
SECTION 63. Section 2 of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the seventh sentence the following sentence:- The registry of motor vehicles shall not provide a motor vehicle registration to a natural person until the registry of motor vehicles has confirmed the validity and status of the person's driver's license and certified that the person is in compliance with this chapter and with applicable rules and regulations promulgated by the registry of motor vehicles.
SECTION 64. Section 24A of chapter 93 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(e) A student loan servicer licensed under chapter 93L who is engaged solely in the activities of a student loan servicer shall not be required to: (i) obtain a debt collector license pursuant to subsection (a); or (ii) register as a third party loan servicer pursuant to subsection (b); provided, however, that if a student loan servicer acts, represents, operates or holds itself out as a third party loan servicer or debt collector outside of the scope of said chapter 93L, the student loan servicer shall register as a third party loan servicer or obtain a debt collector license, or both, as appropriate. A licensed student loan servicer who engages in third party loan servicing activities or debt collection activities within the scope of said chapter 93L shall comply with all state and federal laws and regulations governing third party loan servicers and debt collection when acting in such capacity.
SECTION 65. The General Laws are hereby amended by inserting after chapter 93K the following chapter:-
CHAPTER 93L.
STUDENT LOAN SERVICERS.
Section 1. As used in this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:
"Commissioner", the commissioner of banks.
"Person", a natural person, corporation or other entity.
"Servicing", (i) receiving or soliciting a scheduled periodic payment from a borrower pursuant to the terms of a student loan and making the principal, interest and other payments to the owner of the loan or other third party with respect to the amounts received from the borrower as may be required pursuant to the terms of the servicing loan document or servicing contract; (ii) maintaining account records for a loan and communicating with the borrower regarding the loan on behalf of the owner of the loan during a period in which no payment is required on the loan; or (iii) interacting with a borrower, including activities to help prevent default on obligations arising from a loan, to facilitate the activities described in clause (i) or clause (ii); provided, however, that the actions of the student loan ombudsman under section 35 of chapter 12 and the actions of the division of banks consumer assistance unit under section 3A of chapter 26 shall not constitute servicing.
"Student loan", a loan primarily used to finance post-secondary education or other school-related expenses.
"Student loan borrower", a resident of the commonwealth who has received or agreed to repay a student loan or a person who shares responsibility with that resident for repaying the student loan.
"Student loan servicer", a person responsible for servicing a student loan to a student loan borrower.
Section 2. (a) A person shall not directly or indirectly act as a student loan servicer without first obtaining a student loan servicer license pursuant to subsection (e) or an automatic federal student loan servicer license pursuant to subsection (f), as applicable, unless the person is exempt from licensure pursuant to subsection (b); provided, however, that a person with an automatic federal student loan servicer license shall not directly or indirectly act as a student loan servicer, other than pursuant to a contract with the United States Secretary of Education under 20 U.S.C. 1087f, without first obtaining a student loan servicer license under subsection (e).
(b) The following persons shall be exempt from student loan servicer licensing requirements under this section: (i) banks and credit unions, including federal credit unions and out-of-state banks and credit unions; (ii) wholly-owned subsidiaries of banks and credit unions; and (iii) nonprofit or public institutions of higher education.
(c) A person seeking to act as a student loan servicer, other than pursuant to a contract with the United States Secretary of Education under 20 U.S.C. 1087f, shall submit an application for a student loan servicer license in such form as the commissioner shall prescribe. The application may require that an applicant provide: (i) a financial statement prepared by a certified public accountant or a public accountant; (ii) a history of criminal convictions of the applicant; or (iii) any other information the commissioner considers necessary.
(d) An application for a student loan servicer license shall be accompanied by: (i) a nonrefundable license fee; (ii) a nonrefundable investigation fee; and (iii) a surety bond that provides for coverage for the applicant in an amount determined by the commissioner and in a form prescribed by the commissioner. The secretary of administration and finance shall annually determine the amounts of the license and investigation fees required under clauses (i) and (ii) pursuant to section 3B of chapter 7. The amount and form of the surety bond required under clause (iii) shall be determined by the commissioner.
(e) After the filing of an application for an initial student loan servicer license and the payment of the license and investigation fees, the commissioner shall investigate the financial condition, responsibility, financial and business experience, character and general fitness of the applicant.
The commissioner may issue a student loan servicer license if the commissioner finds that: (i) the applicant's financial condition is sound; (ii) the applicant's business has been conducted and will be conducted honestly, fairly, equitably, carefully, efficiently and in a manner consistent with this chapter; (iii) (A) if the applicant is an individual, the individual is properly qualified and of good character; (B) if the applicant is a partnership, each partner is properly qualified and of good character; (C) if the applicant is a corporation or association, the president, chair of the executive committee, senior officer responsible for the corporation's business and chief financial officer or any other person who performs similar functions as determined by the commissioner, each director, each trustee and each shareholder owning at least 10 per cent of each class of the securities of the corporation are properly qualified and of good character; or (D) if the applicant is a limited liability company, each member is properly qualified and of good character; (iv) no person on behalf of the applicant has knowingly made any incorrect statement of a material fact in the application or in any report or statement made pursuant to this chapter; (v) no person acting on behalf of the applicant has knowingly failed to state any material fact necessary to give the commissioner any information required by the commissioner; (vi) the applicant has paid the license and investigation fees and provided the required surety bond under subsection (d); and (vii) the applicant has met all other requirements as determined by the commissioner.
(f) The commissioner shall issue an automatic federal student loan servicer license to a person that acts or intends to act as a student loan servicer pursuant to a contract with the United States Secretary of Education under 20 U.S.C. 1087f. The automatic federal student loan servicer license shall be irrevocable and shall not expire except as otherwise provided in this section.
Upon receipt of the automatic federal student loan servicer license, the student loan servicer shall pay the license and investigation fees and provide the required bond under subsection (d).
A person issued an automatic federal student loan servicer license shall provide written notice to the commissioner not more than 7 business days after receiving notification of the expiration, revocation or termination of a contract awarded by the United States Secretary of Education under 20 U.S.C 1087f. An automatic federal student loan servicer license shall immediately expire if the licensee is no longer acting as a student loan servicer pursuant to a contract with the United States Secretary of Education under said 20 U.S.C. 1087f. Nothing in this subsection shall prevent the commissioner from issuing a cease and desist or injunction against a student loan servicer to cease activities in violation of this chapter to the extent permitted by law.
(g) A student loan servicer license issued pursuant to subsection (e) shall be valid for 1 year as of a date determined by the commissioner unless suspended or revoked and shall not be automatically renewed.
(h) A student loan servicer license issued pursuant to subsection (e) may be renewed upon the filing of a renewal application containing all of the required documents and fees as provided in subsection (c). A renewal application shall be filed not less than 30 days before the expiration of the student loan servicer's current license. The commissioner may assess a late fee for renewal applications filed less than 30 days before the expiration of a student loan servicer license.
If an application for renewal of a student loan servicer license under said subsection (e) has been filed with the commissioner not later than the date the previous license is to expire, the license sought to be renewed shall continue in full force and effect until the issuance of the renewal license or until the commissioner has notified the licensee in writing of the commissioner's refusal to renew the license, together with the grounds upon which that refusal is based. The commissioner may refuse to renew a student loan servicer license for any reason that the commissioner may refuse to issue an initial student loan servicer license under said subsection (e).
(i) The commissioner may consider an application for a student loan servicer license under subsection (e) abandoned if the applicant fails to respond to a request for information required under this section within 60 days after such request is made. The commissioner shall notify the applicant, in writing, that the application shall be considered abandoned if the applicant fails to submit that information within the required time period. Abandonment of an application pursuant to this subsection shall not preclude the applicant from submitting a new application for a student loan servicer license under this chapter.
Section 3. Not later than 15 days after a licensed student loan servicer ceases to engage in the business of student loan servicing for any reason including, but not limited to: (i) a business decision to terminate operations in the commonwealth; (ii) license expiration, revocation or termination; (iii) bankruptcy; or (iv) voluntary dissolution, the licensee shall provide written notice of surrender to the commissioner and shall surrender to the commissioner the student loan servicer license or automatic federal student loan servicer license for each location in which the licensee has ceased to engage in such business.
The notice shall include, but not be limited to: (i) the location where the records of the student loan servicer shall be stored; and (ii) the name, address and telephone number of an individual authorized to provide access to the records. The surrender of a student loan servicer license or automatic federal student loan servicer license shall not affect the licensee's civil or criminal liability arising from acts or omissions occurring before the surrender of the license.
Section 4. The commissioner may participate in a multistate licensing system for the sharing of regulatory information and for the application, by electronic or other means, and licensing of persons engaged in student loan servicing. The commissioner may establish requirements for participation by an applicant in a multistate licensing system that vary from the provisions of this chapter. The commissioner may require a background investigation of each applicant for a student loan servicer license by means of fingerprint and state and national criminal history record checks by the department of criminal justice information services pursuant to section 172 of chapter 6 and the Federal Bureau of Investigation.
If the applicant is a partnership, association, corporation or other form of business organization, the commissioner may require a background investigation for each member, director and principal officer of the applicant and any individual acting as a manager of an office location. The applicant shall pay directly to the multistate licensing system any additional fees related to participation in the multistate licensing system.
Section 5. (a) If a person licensed as a student loan servicer under subsection (e) of section 2 intends to operate at any place in addition to the address on the license or plans to change the location of its place of business, the licensee shall: (i) notify the commissioner, in writing, not less than 30 days before doing so; and (ii) shall pay a fee for each additional location at a reasonable cost as determined by the commission. Such notice shall contain the address of any additional or changed location and such other information required by the commissioner. A student loan servicer license shall not be transferable or assignable.
(b) A student loan servicer shall maintain adequate records of each student loan transaction for not less than 2 years following the final payment on the student loan or the assignment of the student loan, whichever occurs first, or except as otherwise required by federal law or a contract with the United States Secretary of Education under 20 U.S.C. 1087f. The commissioner may request these records from a student loan servicer and the servicer shall comply with the request not later than 5 business days after the request is received. The commissioner may, upon request, grant a student loan servicer additional time to make such records available.
Section 6. A student loan servicer shall comply with all applicable federal laws and regulations relating to student loan servicing. A violation of a federal law or regulation shall be a violation of this chapter and the commissioner may investigate any such violation pursuant to section 7.
Section 7. (a) The commissioner shall conduct investigations and examinations: (i) for initial licensing, license renewal, license suspension, license revocation or termination or determining compliance with this chapter; and (ii) of violations or complaints arising under this chapter.
In an investigation or examination conducted pursuant to this section, the commissioner may access, receive and use information from any relevant party's books, accounts, records, files, documents and other information as needed.
If there is reason to believe that a person other than a licensee has violated this chapter, the commissioner may investigate the person as necessary. The commissioner may examine the person who allegedly violated this chapter and may compel the production of relevant books, accounts, records, files, documents and other information as needed.
The total cost for any investigation or examination shall be paid by the student loan servicer not more than 30 days after the receipt of an invoice for the total cost, shall be in accordance with fees determined annually by the secretary of administration and finance pursuant to section 3B of chapter 7 and shall include expenses for necessary travel outside of the commonwealth to conduct the investigation or examination.
All records of investigations and reports of examinations by the commissioner, including workpapers, information derived from the reports and responses to the reports, and any copies thereof in the possession of a student loan servicer under the supervision of the commissioner, shall be confidential and privileged communications; provided, however, that nothing in this subsection shall interfere with the work of the office of the student loan ombudsman established under section 35 of chapter 12; and provided further, that records shall be made public if it is in the public interest.
For the purposes of this subsection, records of investigation and reports of examinations shall include records of investigation and reports of examinations conducted by a financial regulatory agency of the federal government, another state or a foreign government that are considered confidential by the agency or foreign government and are in the possession of the commissioner. In a proceeding before a court, the court may issue a protective order in appropriate circumstances to protect the confidentiality of the record and order that the record on file with the court or filed in connection with the court proceeding be sealed and that the public be excluded from any portion of the proceeding at which the record is disclosed. Copies of the reports of examination shall be furnished to a licensee for the licensee's use only and shall not be exhibited to any other person, organization or agency without prior written approval by the commissioner. The commissioner may furnish information, reports and statements relating to the licensees under the commissioner's supervision to regulatory agencies of the federal government, other states and foreign countries and to law enforcement agencies as considered appropriate.
(b) In an investigation or examination conducted pursuant to this section, the commissioner shall have free access to the documents and records of the student loan servicer or any other person under investigation or examination. Unless the commissioner has reasonable grounds to believe that the documents or records of the student loan servicer or other person have been or are at risk of being altered or destroyed for the purposes of concealing a violation of this chapter, the student loan servicer or owner of the documents and records shall have access to the documents or records as necessary to conduct ordinary business affairs.
(c) No student loan servicer or person subject to investigation or examination under this section shall knowingly withhold, amend, remove, mutilate or destroy any books, records, computer records or other information requested by the commissioner.
(d) The commissioner may suspend a student loan servicer license issued under subsection (e) of section 2 if the commissioner finds that: (i) the student loan servicer has violated this chapter; or (ii) a fact or condition exists that would have warranted a denial of the license if the fact or condition existed at the time of the original application for the license.
(e) The commissioner may revoke or refuse to renew a student loan servicer license issued under subsection (e) of section 2 if the commissioner finds: (i) 2 or more violations or facts or conditions as described in subsection (d) during a license period; (ii) reckless or willful conduct on the part of the licensee; or (iii) it is in the public interest to revoke or refuse to renew the license.
(f) Notwithstanding any general or special law to the contrary, if the commissioner determines that a person has violated this chapter or that a person or entity associated with a student loan servicer has committed fraud or engaged in unfair, deceptive or dishonest activities, the commissioner may take action against that person or entity including, but not limited to: (i) suspension or revocation of that person's license pursuant to subsection (e); (ii) imposition of an administrative penalty of not more than $50,000 per incident; or (iii) both.
Section 8. A student loan servicer shall not engage in unfair methods of competition or unfair or deceptive acts or practices. A violation of this chapter shall also be a violation of chapter 93A. Nothing in this chapter shall preclude an action being brought under said chapter 93A or any other law.
The commissioner may notify the attorney general or the student loan ombudsman established in section 35 of chapter 12 of a potential violation of this chapter or said chapter 93A.
Section 9. The commissioner shall promulgate rules and regulations necessary to implement this chapter.
SECTION 66. Section 3 of chapter 101 of the General Laws, as so appearing, is hereby amended by striking out the words "one year", in line 23, and inserting in place thereof the following words:- 3 years.
SECTION 67. Section 87T of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word "hairdressing", in line 63, the following words:- ; provided further, that "hairdressing" shall not include natural hair braiding.
SECTION 68. Said section 87T of said chapter 112, as so appearing, is hereby further amended by inserting after the definition of "Mobile services" the following definition:-
"Natural hair braiding", twisting, wrapping, weaving, extending, locking or braiding the hair of any person either by hand or with a mechanical device.
SECTION 69. The first paragraph of section 87V of said chapter 112, as so appearing, is hereby amended by adding following sentence:- Natural hair braiding shall be exempt from the rules and regulations issued by the board.
SECTION 70. Section 1 of chapter 121B of the General Laws, as so appearing, is hereby amended by striking out the definition of "Tenant member" and inserting in place thereof the following definition:-
"Tenant member", a member of the board of a housing authority who is: (i) a tenant who has signed a lease for a public housing unit owned and operated by the housing authority; (ii) a tenant in a public housing unit owned and operated on behalf of a housing authority; (iii) a participant in a rental assistance program administered by a housing authority; or (iv) an adult over the age of 18 years old who is authorized to reside in the unit of another pursuant to clause (i), (ii) or (iii).
SECTION 71. Section 5 of said chapter 121B, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following 3 paragraphs:-
In a town, 4 members of a redevelopment authority that is not a housing authority shall be elected by the town; provided, however, that of the members originally elected at an annual town meeting, the candidate who received the highest number of votes shall serve for 5 years, the candidate who received the next highest number of votes shall serve for 4 years, the candidate who received the next highest number of votes shall serve for 2 years and the candidate who received the next highest number of votes shall serve for 1 year. Notwithstanding the preceding sentence, upon the initial organization of a redevelopment authority that is not a housing authority, if a town so votes at an annual or special town meeting called for the purpose of organizing a redevelopment authority that is not a housing authority, 4 members of the redevelopment authority shall be appointed immediately by the board of selectmen to serve only until the qualification of their successors; provided, however, that the successors shall be elected at the next annual town meeting as provided in this paragraph.
Notwithstanding section 20 of chapter 43B or any other general or special law to the contrary, in a town, 1 member of a housing authority shall be a tenant member appointed by the board of selectmen and 3 members shall be elected by the town; provided, however, that of the members originally elected at an annual town meeting, the candidate who received the highest number of votes shall serve for 5 years, the candidate who received the next highest number of votes shall serve for 4 years and the candidate who received the next highest number of votes shall serve for 2 years. Notwithstanding the preceding sentence, upon the initial organization of a housing authority, if a town so votes at an annual or special town meeting called for the purpose of organizing a housing authority, 3 members of the authority shall be appointed immediately by the board of selectmen to serve only until the qualification of their successors; provided, however, that the successors shall be elected at the next annual town meeting as provided in this paragraph.
A tenant, where applicable, shall be appointed by the town from a list of names submitted by a duly recognized tenants' organization in the town. A tenants' organization may submit a list to the board of selectmen that shall contain not less than 2 and not more than 5 names and the board shall make the appointment from among the names so submitted; provided, however, that if there is no such tenants' organization, the housing authority shall immediately post notices throughout the common areas of the authority and provide each household with notice of the opportunity to be appointed to the housing authority board and, if any person wishes to be considered for such appointment, that person shall submit their name within 30 days thereafter to the town clerk; provided further, that the notice shall include contact information for the town clerk and for any independent technical training programs available pursuant to section 5B. The board of selectmen shall appoint a tenant member from the list; provided, however, that where federal law requires the town to maintain a member who is a federally-subsidized tenant, a federally-subsidized tenant shall be given preference for the appointment. If there are no public housing units owned and operated by the local housing authority and if there are no such units owned and operated on behalf of the local housing authority, the board of selectmen shall appoint a person meeting the eligibility requirements for a tenant member. If a list of names is not submitted within 60 days after a vacancy occurs, the board of selectmen shall appoint a tenant member of its own choosing to the authority. The town shall provide any written notice to tenants' organizations as required by this section not less than 90 days before the expiration of the term of a tenant member. If a vacancy occurs in the term of a tenant member for any reason other than the expiration of a term, the town shall provide written notice to the tenants' organizations within 10 business days after the vacancy occurs. The board of selectmen shall make the appointment of the successor tenant member within a reasonable time after the expiration of 60 days following the provision of notice as provided in this section.
SECTION 72. Said chapter 121B is hereby further amended by striking out section 5A, as so appearing, and inserting in place thereof the following section:-
Section 5A. A housing authority may request a waiver of the requirement to appoint a tenant member to a housing authority board if the department determines that a housing authority provided notice pursuant to section 5 and there is no person who is eligible and willing to serve as a tenant member on the board. The waiver shall be for a term of 1 year and may be renewed by the department. A housing authority shall submit a written statement to the department, explaining why a waiver is being requested and documenting the steps that it took to educate tenants about the right of a tenant to serve on a housing authority board; provided, however, that such steps shall include the housing authority meeting with all local tenants' organizations. Before issuing a waiver, the department shall, in addition to reviewing the written statement, make a determination that the housing authority provided notice pursuant to said section 5.
If the department grants a waiver, it shall notify the housing authority and the town that a person other than a person who is eligible to be a tenant member may be appointed to the tenant member seat on the board for a 1-year term. The housing authority shall notify any tenants' organizations of the waiver and post a notice of the waiver throughout common areas of the authority.
SECTION 73. Section 7A of chapter 128 of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Garden" the following 3 definitions:-
"Greenhouse gas benefits", greenhouse gas emissions source reduction or carbon sequestration.
"Healthy soils", soils that enhance their continuing capacity to function as a biological system, increase soil organic matter, improve soil structure and water and nutrient-holding capacity and result in net long-term greenhouse gas benefits.
"Healthy soils practices", practices that: (i) improve measurable soil health on lands utilized for commercial farming, suburban and urban lawns, yards and gardens, public and private forests, parks and other open spaces and non-paved outdoor areas of office complexes, mixed-use facilities, businesses, industries and colleges and other institutions; (ii) provide 1 or more of the following benefits: (A) improve food production; (B) encourage the health, growth and biological diversity of plants and forests; (C) increase water infiltration reducing storm water run-off; (D) provide drought and crop resilience; (E) enhance water quality; and (F) reduce the use of fertilizers and herbicides; and (iii) provide greenhouse gas benefits.
SECTION 74. The second paragraph of section 13 of chapter 136 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Any retail establishment that operates on January first, November eleventh or the second Monday in October, under the exemption granted by this section, shall compensate employees working on any of said days at a rate specified under clause (50) of section 6 or such larger sum as may be determined by contract; provided, however, that such work shall be voluntary and refusal to work for any retail establishment on such legal holidays shall not be grounds for discrimination, dismissal, discharge, reduction in hours or any other penalty.
SECTION 75. Said second paragraph of said section 13 of said chapter 136, as so appearing, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- Any retail establishment that operates on January first, November eleventh or the second Monday in October, under the exemption granted by this section, shall not require any employee to perform such work and an employee's refusal to work for any retail establishment on such legal holidays shall not be grounds for discrimination, dismissal, discharge, reduction in hours or any other penalty.
SECTION 76. Section 24L of chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 82 and 83, the words:- , as that term is defined in section 1 of chapter 93L.
SECTION 77. Section 152A of said chapter 149 is hereby amended by striking out the definition of "Wait staff employee", as so appearing, and inserting in place thereof the following definition:-
"Wait staff employee", a person, including a waiter, waitress, bus person, person in a quick service restaurant who prepares or serves food or beverages as part of a team of counter staff or any other counter employee who: (i) serves beverages or prepared food directly to patrons or who clears patrons' tables; (ii) works in a restaurant, banquet facility or other place where prepared food or beverages are served; and (iii) has no managerial responsibility during a day in which the person serves beverages or prepared food or clears patrons' tables.
SECTION 78. Chapter 175 of the General Laws is hereby amended by inserting after section 4F the following section:-
Section 4G. (a) An insurer that utilizes an applicant's Massachusetts driving history as a rating or underwriting factor for private passenger motor vehicle insurance in the commonwealth, a licensed insurance producer or third-party representative shall verify the applicant's Massachusetts driving history through the use of the registry of motor vehicles database or a reliable third-party database prior to processing payment or issuing a policy, unless the driving history is unavailable at the time of the initial inquiry due to a temporary website outage, service interruption or other circumstances beyond the control of the insurer, producer or third-party representative. When providing a private passenger automobile insurance quote, an insurer, licensed insurance producer or third-party representative shall provide a disclosure regarding the verification of an applicant's Massachusetts driving history.
SECTION 79. Subsection (a) of section 168 of said chapter 175, as so appearing, is hereby amended by adding the following definitions:-
"Personal vehicle sharing", the authorized use of a vehicle by an individual other than the vehicle's owner through a personal vehicle sharing program.
"Personal vehicle sharing program", a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration.
SECTION 80. Said section 168 of said chapter 175, as so appearing, is hereby further amended by striking out, in lines 18 to 27, inclusive the words "(b) The commissioner may, upon the payment of the fee prescribed by section 14, issue to any suitable person aged 18 or older, a license to act as a special insurance broker to negotiate, continue or renew contracts of insurance against any of the hazards specified in section 47, except as specified in clause Fifteenth thereof, and except accident and health, workers' compensation, compulsory motor vehicle liability, with the exception of motor vehicle policies for transportation network vehicles, and life insurance on property or interests in the commonwealth with an unauthorized company upon the following conditions:" and inserting in place thereof the following words:- (b) The commissioner may, upon the payment of the fee prescribed by section 14, issue to any suitable person aged 18 or older, a license to act as a special insurance broker to negotiate, continue or renew contracts of insurance against any of the hazards specified in section 47, except as specified in clause Fifteenth thereof, and except accident and health, workers' compensation, compulsory motor vehicle liability, with the exception of both motor vehicle policies for transportation network vehicles and any contracts that directly or indirectly provide insurance or other forms of protection, including without limitation, collision damage waivers, for vehicles and vehicle drivers engaged in personal vehicle sharing through a personal vehicle sharing program, and life insurance on property or interests in the commonwealth with an unauthorized company upon the following conditions:
SECTION 81. Said section 168 of said chapter 175, as so appearing, is hereby further amended by striking out subsection (i) and inserting in place thereof the following 2 subsections:-
(i) Nothing in this section shall preclude a personal vehicle sharing program from procuring a contract of insurance for itself, vehicles, and vehicle drivers engaged in personal vehicle sharing, if the personal vehicle sharing program or the policyholder expressly acknowledges its understanding, that: (1) the company from which insurance is procured is not admitted to transact insurance in the commonwealth; and (2) in the event of the insolvency of the company, a loss shall not be paid by the Massachusetts Insurers Insolvency Fund under chapter 175D.
(j) The commissioner may promulgate regulations as necessary to implement this section.
SECTION 82. Section 2 of chapter 175M of the General Laws is hereby amended by striking out subsection (f), as appearing in the 2018 Official Edition, and inserting in place thereof the following subsection:-
(f) The taking of family or medical leave shall not affect an employee's right to accrue vacation time, sick leave, bonuses, advancement, seniority, length-of-service credit or other employment benefits, plans or programs. During the duration of an employee's family or medical leave, the employer shall provide for, contribute to or otherwise maintain the employee's employment-related health insurance benefits, if any, at the level and under the conditions coverage would have been provided if the employee had continued working continuously for the duration of such leave.
Governor dissaproved of the following section by pocket veto
SECTION 83. Chapter 184 of the General Laws is hereby amended by adding the following section:-
Section 36. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
"Affiliate", an entity owned or controlled by an owner or under common control with the owner.
"Auction" or "public auction", the sale of a housing accommodation under power of sale in a mortgage loan by public bidding.
"Borrower", a mortgagor of a mortgage loan.
"Deed in lieu," a deed for the collateral property or the housing accommodation that the mortgagee accepts from the borrower in exchange for the release of the borrower's obligation under the mortgage loan.
"Designee", a nonprofit organization, established pursuant to chapter 180, which is selected by members of a tenant association.
"Department", the department of housing and community development.
"Elderly tenant household", a tenant household in which 1 or more of the residents are age 65 or older.
"Foreclosure," a legal proceeding to terminate a borrower's interest in property instituted by the mortgagee and regulated under chapter 244.
"Housing accommodation," a building, structure or part thereof, rented or offered for rent for living or dwelling purposes, including, without limitation, houses, apartments, condominium units, cooperative units and other multi-family residential dwellings; provided, however, that a housing accommodation shall not include a group residence, homeless shelter, lodging house, orphanage, temporary dwelling structure or transitional housing; and provided, further that a housing accommodation shall not include a borrower-occupied housing accommodation if the borrower is domiciled in the housing accommodation at the initiation of the short-sale, deed in lieu or foreclosure process.
"Member", a natural person who is a member of a tenant association.
"Minimum tenant participation percentage", the minimum percentage of tenants who must participate as members of the tenant association as defined by the city or town in a municipal ordinance; provided, that the minimum tenant participation percentage shall be not less than 51 per cent of the tenant-occupied housing units. The percentage shall be calculated based on the number of tenant-occupied housing units in a property. If more than 1 person is a lessee in a unit, all of the tenants who are lessees for that unit shall participate as members of the tenant association if the unit is counted towards the participating percentage of units.
"Mortgage loan," a loan secured wholly or partially by a mortgage on a housing accommodation.
"Mortgagee," an entity to whom property is mortgaged, the mortgage creditor or lender including, but not limited to, mortgage servicers, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee or any successor in interest or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement.
"Owner", a person, firm, partnership, corporation, trust, organization, limited liability company or other entity, or its successors or assigns that holds title to real property.
"Purchaser", a party who has entered into a purchase contract with an owner and who will, upon performance of the purchase contract, become the new owner of the property.
"Purchase contract", a binding written agreement whereby an owner agrees to sell property including, without limitation, a purchase and sale agreement, contract of sale, purchase option or other similar instrument.
"Sale", an act by which an owner conveys, transfers or disposes of property by deed or otherwise, whether through a single transaction or a series of transactions; provided, that a disposition of housing by an owner to an affiliate of such owner shall not constitute a sale.
"Short-sale," sale approved by the mortgagee to a bona fide purchaser at a price that is less than borrower's existing debt on the housing accommodation.
"Successor", the entity through which the tenant association will take title to the property, which may be a corporation, with the sole stockholder being the tenant association; a housing cooperative organized under chapter 157B, a limited liability company in which the tenant association is the member; a limited partnership in which the tenant association is a general partner or when permitted by the municipality's ordinance, a joint venture between any of such entities and another party with: (i) the requisite experience in acquiring, developing and owning residential property and (ii) the financial capacity to guaranty financing of the purchase transaction.
"Tenant", a natural person who has: (i) entered into an express written lease or rental agreement with the owner for exclusive possession of the premises for at least 6 months or (ii) paid rent to the owner and the owner has accepted said rent for at least 6 months.
"Tenant association", an organization with a membership limited to present tenants of a property that is: (i) registered with the municipality that has adopted an ordinance consistent with this section or (ii) a non-profit organization incorporated under chapter 180.
"Third-party offer", an offer to purchase the mortgaged property for valuable consideration by an arm's length purchaser; provided, that a third-party offer shall not include an offer by the borrower or tenants.
"Third-party purchaser", a purchaser who is not a tenant association, a designee or an affiliate.
(b) A city or town may adopt this section in the manner provided in section 4 of chapter 4. The acceptance of this local option by a municipality shall take effect no later than 180 days after such acceptance. A city or town may at any time revoke the acceptance of this section in the manner provided in said section 4 of said chapter 4. The revocation shall not affect agreements relative to a tenants' right to purchase that have already been asserted prior to the revocation. In addition, the ordinance or bylaw accepting this section may contain provisions that establish:
(i) tenancy protections for non-elderly tenant households that do not participate in the tenant association; and
(ii) exclusion of applicability to properties with fewer than a designated number of units; different exclusion numbers may be adopted for owner-occupied properties and properties with no owner occupancy; and
(iii) criteria for qualified designee; and
(iv) the tenant association's ability to exercise rights hereunder through a joint venture or partnership with another entity with requisite experience in developing, owning or operating residential real estate or an entity that has the financial capacity to guaranty the financing of the purchase transaction; and
(v) exclusion of classes of properties not enumerated in subsection (k).
(c) In any city or town that votes to adopt the provisions of this section, an owner of a residential building shall:
(i) notify the municipality and each tenant household, in writing by hand delivery and United States' mail, of the owner's intention to sell the property, with copy of the municipality's prepared summary of the ordinance adopted hereunder; and
(2) provide a tenant association with the minimum tenant participation percentage, an opportunity to make an offer to purchase the property prior to entering into an agreement to sell such property pursuant to the time periods contained in this section, but no owner shall be under any obligation to enter into an agreement to sell such property to the tenants.
(d) a tenant association with the minimum tenant participation percentage may select a successor entity or a designee to act on its behalf as purchaser of the property and shall give the owner and the municipality notice of its selection.
(e) A tenant association with the minimum tenant participation percentage, or its successor or designee, may, within 15 days after receipt of the owner's intention to sell, submit an offer to the owner to purchase the property. Failure to submit a timely offer shall constitute an irrevocable waiver of the tenants' rights under subsection (e) and the owner may enter into a contract sell the property to a third party, subject to subsections (f) to (i), inclusive. If the owner and the tenant association, or its successor, or its designee, have not entered into an agreement within 15 days after receipt of the notice of the owner's intent to sell, the owner may enter into an agreement to sell the property to a third party, subject to subsections (f) to (i), inclusive.
(f) Upon execution of any purchase contract with a third party, the owner shall, within 7 days, submit a copy of the contract along with a proposed purchase contract for execution by tenant association or its successor, or designee. If the tenant association, or its successor or, its designee, elect to purchase the property, the tenant association, or its successor, or its designee, shall within 30 days after the receipt of the third party purchase contract and the proposed purchase contract, execute the proposed purchase contract or such other agreement as is acceptable to both parties. The time periods set forth in this subsection may be extended by agreement between the owner and the tenant association, its successor or its designee. Except as otherwise specified in subsection (h), the terms and conditions of the proposed purchase contract offered to the tenant association, successor, or its designee, shall be the same as those of the executed third party purchase contract.
(g) After receipt of the third party purchase contract provided for in subsection (f), the tenant association or its successor or designee may, within the 15 day time period prescribed in said subsection (f), make a counteroffer by executing and submitting to the owner an amended proposed purchase contract. Failure by the tenant association, successor or its designee, to execute the purchase contract or submit a counteroffer within the 15 day period referenced in subsection (f) shall constitute a waiver of the tenants' right to purchase under these subsections. If the tenant association, successor or its designee, submits a counteroffer, the owner shall have 15 days from the date it receives the amended proposed purchase contract to execute the amended proposed purchase contract or reject, in writing, the counteroffer. However, if the owner rejects a counteroffer, it may not subsequently enter into any purchase contract with a third party on terms that are the same as, or materially more favorable to the proposed third party purchaser, than the economic terms and conditions in the counteroffer proposed by the tenant association, successor, or its designee, unless the owner first provides a copy of such new third party purchase contract, along with a new proposed purchase contract for execution by the tenant association, successor, or its designee, which shall contain the same terms and conditions as the newly executed third party purchase contract, except as otherwise specified by subsection (h), and the tenant association, successor, or its designee, shall have 30 days from the date they receive the third party purchase contract and the proposed purchase contract to execute the proposed purchase contract or such other agreement as is acceptable to the owner and the tenant association, successor, or its designee.
(h) Any purchase contract offered to, or proposed by, the tenant association, its successor or its designee shall provide at least the following terms:
(i) the earnest money deposit shall not exceed the lesser of:
(1) the deposit in the third party purchase contract;
(2) 5 per cent of the sale price; or
(3) $250,000; provided, however, that the owner and the tenant association, or its successor, or its designee, may agree to modify the terms of the earnest money deposit; provided, further, that the earnest money deposit shall be held under commercially-reasonable terms by an escrow agent selected jointly by the owner and the tenant association, its successor or its designee;
(ii) the earnest money deposit shall be refundable for not less than 90 days from the date of execution of the purchase contract or such greater period as provided for in the third party purchase contract; provided, however, that if the owner unreasonably delays the buyer's ability to conduct due diligence during the 90 day period, the earnest money deposit shall continue to be refundable for a period greater than 90 days. After the expiration of the specified time period, the earnest money deposit shall be forfeited and the right to purchase of the tenant association, its successor or designee shall be irrevocably waived.
(i) The tenant association or its successor, or designee, shall have 160 days from execution of the purchase and sale agreement to perform all due diligence, secure financing for and close on the purchase of the building. Failure to exercise the purchase option within 160 days shall constitute a waiver of the purchase option by the tenant association, its successor or, or its designee.
(j) Any notice required by this section shall be deemed to have been provided when delivered in person or mailed by certified or registered mail, return receipt requested, to the party to whom notice is required. Notice shall be deemed to have been provided when either: (i) the notice is delivered in hand to the tenant or an adult member of the tenant's household; or (ii) the notice is sent by first class mail and a copy is left in or under the door of the tenant's dwelling unit. A notice to the affected municipality shall be sent to the chief executive officer.
(k) This section shall not apply to the following:
(i) property that is the subject of a government taking by eminent domain or a negotiated purchase in lieu of eminent domain;
(ii) a proposed sale to a purchaser pursuant to terms and conditions that preserve affordability, as determined by the department;
(iii) any sale of publicly-assisted housing, as defined in section 1 of chapter 40T;
(iv) rental units in any hospital, skilled nursing facility, or health facility;
(v) rental units in a nonprofit facility that has the primary purpose of providing short term treatment, assistance or therapy for alcohol, drug or other substance abuse; provided, that such housing is incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the housing;
(vi) rental units in a nonprofit facility that provides a structured living environment that has the primary purpose of helping homeless persons obtain the skills necessary for independent living in a permanent housing and where occupancy is restricted to a limited and specific period of time of not more than 24 months and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception;
(vii) public housing units managed by the local housing authority;
(viii) federal public housing units that are subsidized and regulated under federal laws, to the extent such applicable federal laws expressly preempt the provisions of this section;
(ix) any residential property where the owner is a natural person who owns 6 or fewer residential rental units in the municipality and who resides in the commonwealth;
(x) any unit that is held in trust on behalf of a disabled individual who permanently occupies the unit, or a unit that is permanently occupied by a disabled parent, sibling, child or grandparent of the owner of that unit; or
(xi) any rental unit that is owned or managed by a college or university for the express purpose of housing students.
(l) The tenant association, successor or its designee shall ensure that their purchase of the property will not result in the displacement of any elderly tenant households that choose not to participate in the purchase of the property.
(m)(1) An owner shall give notice to each tenant household of a housing accommodation of the intention to sell the housing accommodation by way of short-sale to avoid foreclosure. Such notice shall be mailed by regular and certified mail, with a simultaneous copy to the attorney general, the director of housing and community development and to the municipality adopting this section within 2 business days of the owner's submission of a request or application to the mortgagee for permission to sell the housing accommodation by way of short-sale or to accept a deed in lieu. This notice shall also include a notice of the rights provided by this section.
(2) No mortgagee may accept any third party offers or deem the owner's application for short-sale submitted for review unless and until the mortgagee receives documentation in a form approved by the attorney general demonstrating that the tenants of the housing accommodation have been informed of the owner's intent to seek a short-sale or deed in lieu and the tenants have expressed their interest in exercising a right of first refusal within 60 days, assigning that right of first refusal, or the tenants have waived those rights. If tenants have not affirmatively expressed their interest in exercising a right of first refusal or in assigning that right within 60 days, or have not affirmatively waived that right within 60 days, the tenants' rights are deemed waived.
(3) Before a housing accommodation may be transferred by short-sale or deed-in-lieu, the owner shall notify each tenant household, with a simultaneous copy to the attorney general and the director of housing and community development, and the municipality adopting this section, by regular and certified mail, of any bona fide offer that the mortgagee intends to accept. Before any short-sale or transfer by deed-in-lieu, the owner shall give each tenant household such a notice of the offer only if households constituting at least 51 per cent of the households occupying the housing accommodation notify the owner, in writing, that they collectively desire to receive information relating to the proposed sale. Tenants may indicate this desire within the same notice described in paragraph (2). Any notice of the offer required to be given under this subsection shall include the price, calculated as a single lump sum amount and of any promissory notes offered in lieu of cash payment.
(4) A group of tenants representing at least 51 per cent of the households occupying the housing accommodation that are entitled to notice under paragraph (3) shall have the collective right to purchase, in the case of a third party offer that the mortgagee intends to accept, provided that the group of tenants:
(i) submits to the owner reasonable evidence that the tenants of at least 51 per cent of the occupied units in the housing accommodation have approved the purchase of the housing accommodation;
(ii) submits to the owner a proposed purchase and sale agreement on substantially equivalent terms and conditions within 60 days of receipt of notice of the offer made under paragraph (3);
(iii) obtains a binding commitment for any necessary financing or guarantees within an additional 90 days after execution of the purchase and sale agreement; and
(iv) closes on such purchase within an additional 90 days after the end of the 90-day period described in clause (iii).
No owner shall unreasonably refuse to enter into, or unreasonably delay the execution or closing on a purchase and sale with tenants who have made a bona fide offer to meet the price and substantially equivalent terms and conditions of an offer for which notice is required to be given pursuant to paragraph (3). Failure of the tenants to submit such a purchase and sale agreement within the first 60-day period, to obtain a binding commitment for financing within the additional 90-day period or to close on the purchase within the second 90-day period, shall serve to terminate the rights of such tenants to purchase. The time periods provided in this paragraph may be extended by agreement. Nothing herein shall be construed to require an owner to provide financing to such tenants. A group or association of tenants that has the right to purchase pursuant to this subsection, at its election, may assign its purchase right pursuant to this subsection to the city or town in which the housing accommodation is located, or the housing authority of the city or town in which the housing accommodation is located, or an agency of the commonwealth, nonprofit, community development corporation, affordable housing developer, or land trust, for the purpose of permanently continuing the use of the housing accommodation as affordable rental housing.
(5) The right of first refusal created in this subsection shall inure to the tenants for the time periods provided in paragraph (4), beginning on the date of notice to the tenants under paragraph (1). The effective period for such right of first refusal shall begin anew for each different offer to purchase that the mortgagee intends to accept. The right of first refusal shall not apply with respect to any offer received by the owner for which a notice is not required pursuant to paragraph (3).
(6) In any instance where the tenants are not the successful purchaser of the housing accommodation, the mortgagee shall provide evidence of compliance with this section by filing an affidavit of compliance with the attorney general, the director of housing and community development and the registry of deeds for the county and district where the property is located within 7 days of the sale.
(7) It is illegal for the owner to evict a tenant or tenants in order to avoid application of this subsection.
(8) Aggrieved tenants may seek damages under chapter 93A and may file a complaint with the attorney general. Tenants may seek damages including compensatory relief in the form of a percentage of the sales price, injunctive relief in the form of specific performance to compel transfer of the property or both compensatory and injunctive relief. Nothing in this subsection shall be construed to limit or constrain the rights tenants currently have under applicable laws, including but not limited to chapters 186 and 186A. At all times, all parties shall negotiate in good faith.
(9) The attorney general shall enforce this section and shall promulgate rules and regulations necessary for enforcement. The attorney general may seek injunctive, declaratory, and compensatory relief on behalf of tenants and the commonwealth in a court of competent jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice to tenants, sample notice of offer, and other necessary documents.
(n)(1) When a mortgagee seeks judicial determination of the right to foreclose, then the mortgagee shall provide a copy of the complaint by regular and certified mail to the tenants of the housing accommodation and to the municipality adopting this section. The mortgagee shall also provide tenants and the municipality, by regular and certified mail, with a copy of any order of notice issued by the land court, if applicable, within 5 days of issuance.
(2) The mortgagee shall provide each tenant household and the municipality adopting this section, by regular and certified mail, a copy of any and all notices of sale published pursuant to section 14 of chapter 244. A copy shall be provided simultaneously with the successive publication notices.
(3) No later than 5 business days before the auction of a housing accommodation, the tenants shall inform the mortgagee, in writing, if a group of tenants representing at least 51 per cent of the households occupying the housing accommodation or an entity to which they have assigned their right of first refusal intend to exercise their right of first refusal at auction and desire to receive information relating to the proposed auction.
(4) A group of tenants representing at least 51 per cent of the households occupying the housing accommodation or an entity to which they have assigned their right of first refusal may exercise their collective right to purchase the housing accommodation, in the event of a third party offer at auction that the mortgagee receives, provided that the group of tenants:
(i) submits to the mortgagee reasonable evidence that the tenants of at least 51 per cent of the occupied homes in the housing accommodation have approved the purchase of the housing accommodation;
(ii) submits to the mortgagee a proposed purchase and sale agreement on substantially equivalent terms and conditions to that received by the mortgagee in the third party offer within 60 days of receipt of notice of the bid made under paragraph (3) of this subsection;
(iii) obtains a binding commitment for any necessary financing or guarantees within an additional 90 days after execution of the purchase and sale agreement; and
(iv) closes on such purchase within an additional 90 days after the end of the 90-day period under clause (iii).
No mortgagee shall unreasonably refuse to enter into, or unreasonably delay the execution or closing on a purchase and sale with tenants who have made a bona fide offer to meet the price and substantially equivalent terms and conditions of a bid received at auction. Failure of the tenants to submit such a purchase and sale agreement within the first 60-day period, to obtain a binding commitment for financing within the additional 90-day period or to close on the purchase within the second 90-day period, shall serve to terminate the rights of such tenants to purchase. The time periods provided in this paragraph may be extended by agreement.
Nothing herein shall be construed to require a mortgagee to provide financing to such tenants. A group or association of tenants that has the right to purchase hereunder, at its election, may assign its purchase right hereunder to the city, town, housing authority, or agency of the commonwealth, nonprofit, community development corporation, affordable housing developer, or land trust for the purpose of permanently continuing the use of the housing accommodation as affordable rental housing.
If there are no third party bids at auction for the housing accommodation, the tenants shall have a right of first refusal whenever the mortgagee seeks to sell the housing accommodation. The tenants shall be notified of any offers the mortgagee intends to accept and shall be given an opportunity to meet the price and substantially the terms of a third-party offer based on the same time line described in paragraph (4).
(5) The right of first refusal created herein shall inure to the tenants for the time periods herein before provided, beginning on the date of notice to the tenants under paragraph (1).
(6) In any instance where the tenants are not the successful purchaser of the housing accommodation, the seller of such unit shall provide evidence of compliance with this section by filing an affidavit of compliance with the attorney general, the director of housing and community development, and the registry of deeds for the county and district where the property is located within seven days of the sale.
(7) It is illegal for the owner to evict a tenant or tenants in order to avoid application of this law.
(8) Aggrieved tenants may seek damages under chapter 93A and may file a complaint with the attorney general. Tenants may seek damages including a percentage of the sales price or injunctive relief in the form of specific performance to compel transfer of property. Nothing in this act shall be construed to limit or constrain in any way the rights tenants currently have under applicable laws, including but not limited to chapters 186 and 186A. At all times, all parties must negotiate in good faith.
(9) The attorney general shall enforce this section and shall promulgate rules and regulations necessary for enforcement. The attorney general may seek injunctive, declaratory, and compensatory relief on behalf of tenants and the commonwealth in a court of competent jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice to tenants, sample notice of offer, and other necessary documents.
SECTION 84. Section 2 of chapter 239 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:- The defendant named in a summary process summons and complaint shall not include any minors, and any such minors' names so included shall be expunged from any court record and electronic docket entry.
Governor dissaproved of the following section by pocket veto
SECTION 85. Said chapter 239 is hereby amended by adding the following section:-
Section 15. (a) As used in this section, the following terms shall have the following meanings unless the context clearly requires otherwise:-
"Consumer report", a written, oral or other communication of any information by a consumer reporting agency bearing on a person's credit worthiness, credit standing or credit capacity that is used or expected to be used or collected, in whole or in part, for the purpose of serving as a factor in establishing the person's eligibility for rental housing or other purposes authorized under section 51 of chapter 93.
"Consumer reporting agency", an individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency or other entity that, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
''Court'', the trial court of the commonwealth established pursuant to section 1 of chapter 211B and any departments or offices established within the trial court.
"Court record", paper or electronic records or data in any communicable form compiled by, on file with or in the care custody or control of the court that concern a person and relate to the nature or disposition of an eviction action or a lessor action.
"Eviction action", (i) a summary process action under this chapter to recover possession of residential premises; (ii) a civil action under section 19 of chapter 139 to obtain an order requiring a tenant or occupant to vacate residential premises; (iii) a civil action brought pursuant to sections 11, 12 or 13 of chapter 186 or subsection (a) of section 4 of chapter 186A; or (iv) any other civil action brought against a tenant or occupant of residential premises to obtain possession of or exclusive access to the residential premises.
"Lessor action", any civil action brought against the owner, manager or lessor of residential premises by the tenant or occupant of such premises relating to or arising out of such property, rental, tenancy or occupancy for breach of warranty, breach of any material provision of the rental agreement or violation of any other law.
"No-fault eviction", any eviction action in which the notice to quit, notice of termination or complaint does not include an allegation of nonpayment of rent or of a violation of any material term of the tenancy by the tenant or occupant; provided, however, that a "no-fault eviction" shall include an action brought after termination of a tenancy for economic, business or other reasons not constituting a violation of the terms of the tenancy.
(b) Any person having a court record of a no-fault eviction on file in a court may petition the court to seal the court record at any time after the conclusion of the action, including the exhaustion of all rights of appeal. The petition shall be on a form furnished by the trial court of the commonwealth, signed under the penalties of perjury and filed in the same court as the action sought to be sealed. If an action was active in more than 1 court during its pendency, then a petition may be filed in each such court. Notice need not be given to parties to the original action. The court may, in its discretion, process such petitions administratively without a hearing.
(c) Upon motion and for good cause shown or as otherwise authorized by this section, court records sealed under this section may, at the discretion of the court and upon a balancing of the interests of the litigants and the public in nondisclosure of the information with the interests of the requesting party, be made available for scholarly, educational, journalistic or governmental purposes only; provided, however, that identifying information of parties shall remain sealed unless the court determines that release of such information is appropriate under this subsection and necessary to fulfill the purpose of the request. Nothing in this subsection shall be deemed to permit the release of personal identifying information for commercial purposes.
(d) Nothing in this section shall prohibit the dissemination of information regarding a money judgment as necessary for the sole purpose of collection.
(e) A consumer reporting agency shall not disclose the existence of or information regarding a court record of a no-fault eviction action sealed under this section or use information contained in a sealed court record as a factor to determine any score or recommendation to be included in a consumer report unless the court record was available for inspection with the court not more than 30 days of the report date. A consumer reporting agency may include in a consumer report information found in publicly-available court records; provided, however, that the consumer report shall include a person's full name, whether an eviction action was a fault eviction, a no-fault eviction or a lessor action and the outcome of any eviction action if such information is contained in the publicly-available court record. Information contained in a sealed court record shall be removed from the consumer report or from the calculation of any score or recommendation to be included in a consumer report not more than 30 days of the sealing of the court record from which it is derived. Any credit reporting agency that violates this subsection shall be liable in tort, in a court of competent jurisdiction, to the person who is the subject of the consumer report for damages or for $100 per day of such violation, whichever is greater, and the costs of the action, including reasonable attorney's fees. Nothing in this subsection shall be deemed to waive the rights or remedies of any person under any other law or regulation.
(f) An application used to screen applicants for housing or credit that seeks information concerning prior eviction actions of the applicant shall include the following statement: "An applicant for housing or credit with a sealed record on file with the court in a no-fault eviction action may answer €˜no record' to an inquiry relative to that sealed court record."
(g) A party who obtains a judgment in an eviction action or a lessor action shall, not more than 14 days after satisfaction of the judgment, file with the court in which the judgment was entered a notice of satisfaction of the judgment. A party that has satisfied a judgment may, upon noncompliance with this subsection by the other party, seek equitable relief to correct the court record and shall be entitled to costs and reasonable attorney's fees. Upon the filing of a notice of satisfaction of judgment or court judgment deeming the judgment satisfied in an eviction action or lessor action, a party may petition the court to seal the court record pertaining to that action. The petition shall be on a form furnished by the trial court of the commonwealth, signed under the penalties of perjury and filed in the same court as the action sought to be sealed. If an action was active in more than 1 court during its pendency, a petition may be filed in each such court. Notice need not be given to parties to the original action. The court shall comply with the petitioner's request and seal the court record if the judgment has been satisfied and the action has concluded with all rights of appeal exhausted. The court may process such petitions administratively without a hearing.
SECTION 86. Section 100 of chapter 142 of the acts of 2011 is hereby repealed.
SECTION 87. Section 276 of chapter 165 of the acts of 2014 is hereby amended by striking out the words "and 2020", inserted by section 237 of chapter 218 of the acts of 2016, and inserting in place thereof the following words:-, 2020, 2021, 2022 and 2023.
SECTION 88. Notwithstanding the fourth paragraph of section 5 of chapter 121B of the General Laws, if a town has 4 elected members of a housing authority board on the effective date of this act, any vacant seat or, if there is no vacant seat, the first seat set to expire not less than 60 days after the effective date of this act, shall be filled by the appointment of a tenant member unless a waiver has been granted by the department pursuant to section 5A of said chapter 121B that allows for the appointment of a person who is not eligible to be a tenant member.
SECTION 89. Tenants required to be appointed to housing authority boards pursuant to the fifth paragraph of section 5 of chapter 121B of the General Laws shall be appointed not more than 90 days after the effective date of this act.
SECTION 90. On the effective date of this act, a housing authority may request a waiver of the requirement to appoint a tenant member to a housing authority board pursuant to section 5 of chapter 121B of the General Laws if a person who is eligible to be a tenant member is already serving as either an elected member or a member appointed to fill a vacancy by the board of selectmen. The waiver shall be valid for 1 year and may be renewed for successive 1-year terms until the expiration of the current tenant member's term or until that member vacates the position and, at that time, the board of selectmen shall appoint a tenant member pursuant to said section 5 of said chapter 121B.
SECTION 91. Notwithstanding the number of elected members on the local housing authority board, any votes taken by a local housing authority and any votes taken by a town with respect to a local housing authority between August 6, 2014 and the effective date of this act are hereby ratified, validated and confirmed.
SECTION 92. (a) There shall be a special commission to conduct a comprehensive study relative to the impact of automation, artificial intelligence, global trade, access to new forms of data and the internet of things on the workforce, businesses and economy. The main objective of the commission shall be to ensure sustainable jobs, fair benefits and workplace safety standards for workers in all industries, including, but not limited to, access to adequate and affordable health insurance, financial security in retirement, unemployment insurance and disability insurance. The commission shall consist of: 2 persons appointed by the president of the senate, 1 of whom shall serve as co-chair; 2 persons appointed by the speaker of the house of representatives, 1 of whom shall serve as co-chair; 1 person appointed by the minority leader of the senate; 1 person appointed by the minority leader of the house of representatives; the secretary of labor and workforce development or a designee; 2 persons appointed by the governor, 1 of whom shall have expertise in the future of work issues and 1 of whom shall have experience in workforce training and education; 2 persons appointed by the attorney general, 1 of whom shall have expertise in fair labor and workers' rights and 1 of whom shall have expertise in future of work issues; and 6 persons appointed by the co-chairs, 3 of whom shall be members of the labor community with experience in future of work issues and 3 of whom shall be members of the business community with experience in future of work issues.
(b) The commission shall study and evaluate the future of work including, but not limited to: (i) trends and drivers of the transformation of industries and employment and how they will impact workers; (ii) policies and practices that may assist workers, businesses and communities to thrive and maintain a robust economy while responding to the rapid transformation of technology, workplace practices, environmental and security concerns and global interdependence; (iii) the impact of industry transformation on worker access to affordable and adequate healthcare, financial security in retirement and adequate unemployment insurance, disability insurance and other benefits; (iv) best practices on maintaining cohesive and beneficial partnerships between workers and employers during industry growth and transformation; and (v) any other factors the commission deems relevant.
(c) The commission, in collaboration with the executive office of labor and workforce development, shall: (i) develop and maintain an inventory of the current and future trends and factors that will likely drive the transformation of industries and work over the next 25 years; (ii) research best practices from state, national and international sources and develop case studies and examples for the future of work; (iii) gather data and input from employers and workers from the major industrial sectors in every region of the commonwealth; and (iv) work with organizations that engage in workforce training to identify best practices and any obstacles that may exist to adequate workforce training during future industry transformation.
(d) The task force shall meet not less than 4 times in different geographic regions and shall accept input from the public during not less than 2 public hearings and solicit expert testimony from individuals identified by the commission. The commission shall convene its first meeting not later than December 31, 2021.
(e) Not later than September 1, 2021, the commission shall file a report of its analysis, recommendations and any proposed legislation necessary to effectuate its recommendations to the clerks of the senate and house of representatives, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development.
The report shall include, but not be limited to, legislative and policy recommendations that: (i) ensure workers in the future secure access to affordable and adequate healthcare, financial security in retirement and adequate unemployment insurance, disability insurance and other benefits; (ii) provide for portable, transferable, cost-efficient and time-efficient credentialing; (iii) support life-long learning and talent development for workers of all ages; (iv) help workers maintain relevant skills or learn new skills for the careers and workplaces of the future; (v) prepare young people to succeed in the careers and workplaces of the future; (vi) ensure employers and workforce training entities are up to date on training needs for workers in current and future industries and careers; and (vii) enable workers, businesses and workforce training entities to simultaneously learn and incorporate new technologies into workforce training.
SECTION 93. (a) There is hereby established a special legislative commission, pursuant to section 2A of chapter 4 of the General Laws, to study journalism in underserved communities in the commonwealth. The commission shall: (i) conduct a comprehensive study relative to communities underserved by local journalism in the commonwealth; (ii) review all aspects of local journalism including, but not limited to, the adequacy of press coverage of cities and towns, ratio of residents to media outlets, print and digital business models for media outlets, the impact of social media on local news, strategies to improve local news access, public policy solutions to improve the sustainability of local press business models and private and nonprofit solutions, and identifying career pathways and existing or potential professional development opportunities for aspiring journalists in the commonwealth.
(b) The commission shall consist of the following 23 members: the chairs of the joint committee on community development and small business, who shall serve as co-chairs; 1 member of the house of representatives appointed by the speaker; 1 member of the senate appointed by the senate president; 1 member who shall be a professor at the Northeastern School of Journalism; 1 member who shall be a member of the Boston Association of Black Journalists; 1 member who shall be a member of the National Association of Hispanic Journalists; 1 member who shall be a member of the Asian American Journalists Association of New England; 1 of who shall be a representative from the Massachusetts Newspaper Publishers Association; 11 members to be appointed by the chairs: 2 of whom shall be representatives of public colleges or universities of the commonwealth with either a journalism or communications program, 1 of whom shall be a representative of a private college or university of the commonwealth with either a journalism or communications program, and 8 of whom shall be currently employed or freelance journalists, editors or producers from independent community news outlets from across the commonwealth; provided, that the appointees shall represent communities underserved by professional news organizations, rural communities, immigrants communities, working-class communities and communities of color; 3 members to be appointed by the governor who shall be representatives of journalism unions or associations; provided, that the appointees shall be selected from the following unions and associations: (i) the NewsGuild €“ Communication Workers of America, (ii) the Screen Actors Guild-American Federation of Television and Radio Artists, (iii) the National Association of Broadcast Employees and Technicians €“ Communications Workers of America, (iv) the Association of Independents in Radio, (v) the Boston Chapter of the National Writers Union, (vi) the New England Newspaper and Press Association, or (vii) the New England Chapter of the Society of Professional Journalists. All appointments shall be made no later than 30 days following the effective date of this act.
(c) The commission shall hold public information sessions in order to promote the work of the commission and to solicit public comment pursuant to the work of the commission.
(d) The commission shall accept written and oral comment from the public beginning at the first meeting of the commission.
(e) The commission shall meet no less than 5 times to review, study and analyze existing literature, quantitative and qualitative data on the status of journalism in the commonwealth and review the oral and written public comments.
(f) No later than August 1, 2021, the commission shall submit its findings, along with recommendations for legislation, if any, to the clerks of the house of representatives and the senate and the joint committee of community development and small business.
(g) The special commission may make such interim reports as it considers appropriate.
SECTION 94. There is hereby established a special commission pursuant to section 2A of chapter 4 of the General Laws to conduct an investigation and study regarding the needs of agriculture in the commonwealth in the 21st century, including the viability, efficiency, climate change resiliency, education, technical assistance and energy needs of farms and means of ensuring farms' ability to adapt to changing economic, climate and energy conditions.
The commission shall consist of 1 member who shall be appointed by the senate president, who shall serve as co-chair; 1 member who shall be appointed by the minority leader of the senate; 1 member who shall be appointed by the speaker of the house of representatives, who shall serve as co-chair; 1 member who shall be appointed by the minority leader of the house of representatives; the house and senate chairs of the joint committee on environment, natural resources and agriculture; the house and senate chairs of the joint committee on telecommunications, utilities and energy; the secretary of energy and environmental affairs or a designee; the secretary of housing and economic development or a designee; the commissioner of agricultural resources or a designee; a representative of the Massachusetts Farm Bureau Federation, Incorporated; a representative of the University of Massachusetts center for agriculture, food and the environment; a representative of the Massachusetts chapter of the Northeast Organic Farming Association; a representative of the Cape Cod Cranberry Growers' Association; and a representative of the Massachusetts Association of Dairy Farmers, Inc. Members shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission. The executive office of energy and environmental affairs and executive office of housing and economic development may furnish reasonable staff and other support for the work of the commission.
The commission shall review: (i) methods of supporting farms including development of tax incentives and credits for equipment related to farm-based renewable energy projects; (ii) effects of zoning ordinances and bylaws on farm-based renewable energy projects and means of reducing administrative and regulatory barriers to such projects; (iii) potential zoning exemptions of farm renewable energy systems; (iv) the feasibility of establishing an incentive program to facilitate the growth of non-solar renewable-energy distributed-generation projects on farms; (v) methods of encouraging the use of renewable energy resources on farms; (vi) development of potential grant programs in support of farms to develop farm-based renewable energy capabilities including wind harvesting, energy conserving refrigerated food storage pilot projects, methane capture and green combustion and solar and photovoltaic energy projects; (vii) feasibility of using farms as resiliency centers during power outages or extreme weather events by installing technology such as battery storage or microgrids; (viii) the effects of climate change and means by which farms may seek to adapt to climate change; (ix) methods of promoting and facilitating more prompt interconnection of energy projects owned or operated by agricultural producers; (x) the development of a single uniform application for use by owners of farms in the commonwealth for application to any and all grant and other assistance programs administered by the department of agricultural resources and consistent with federal grant and program application criteria; (xi) the benefits of designating an administrator or separate office within the department of agricultural resources to provide advice, technical assistance and other guidance to owners of farms who apply for grants and other programs; (xii) ways to support, expand and enhance opportunities for agricultural tourism; (xiii) the timing of grant applications to the department of agricultural resources and department responses with a view to facilitating more efficient and timely use of grant funds; (xiv) administrative and regulatory barriers to and restrictions on farm owners placing renewable energy structures on farmland; (xv) means of addressing the need for education and technical assistance to farmers; and (xvi) any other matters the commission deems relevant to supporting the viability of farms in the commonwealth.
The commission shall file a report of its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the senate and the house of representatives, the chairs of the senate and house committees on ways and means, the senate and house chairs of the joint committee on environment, natural resources and agriculture, and the house and senate chairs of the joint committee on telecommunications, utilities and energy not later than June 30, 2021.
Governor dissaproved of the following section by pocket veto
SECTION 95. Notwithstanding any general or special law to the contrary, there shall be established a special commission to investigate, study and make legislative recommendations on the participation of minority business enterprises and women business enterprises in public construction projects, including, but not limited to: (i) a review of the efficiency and adequacy of current laws and regulations designed to promote diversity; (ii) a review of employment data and recruitment strategies for public construction projects; and (iii) development of best practices for the promotion of diversity and application of such practices to public construction projects. The commission shall consist of 19 members, 1 of whom shall be appointed by the governor and who shall serve as co-chair; 1 of whom shall be appointed by the attorney general and who shall serve as co-chair; 2 of whom shall be members of the senate, 1 of whom shall be appointed by the president of the senate and 1 of whom shall be appointed by the minority leader of the senate; 2 of whom shall be members of the house of representatives, 1 of whom shall be appointed by the speaker of the house, and 1 of whom shall be appointed by the minority leader of the house of representatives; the commissioner of capital asset management and maintenance or a designee; the inspector general or a designee; the chairperson of the Massachusetts Municipal Association, Inc. or a designee; the president of the Massachusetts Building Trades Council or a designee; the president of the Associated General Contractors of Massachusetts, Inc. or a designee; the president of the Building Trades Employers Association of Boston and Eastern Massachusetts, Inc. or a designee; the president of Associated Subcontractors of Massachusetts, Inc. or a designee; the president of Construction Industries of Massachusetts, Inc. or a designee; the president of the Massachusetts AFL-CIO or a designee; 2 representatives of the Massachusetts Minority Contractors Association, Inc.; a representative of the Boston chapter of the National Association of Women and Construction; and a representative of the Policy Group on Tradeswomen's Issues. The commission shall file a report on the results of its study, together with its recommendations and any legislation necessary to carry such recommendations into effect, with the clerks of the house of representatives and the senate not later than July 31, 2021.
SECTION 96. Notwithstanding any general or special law to the contrary, 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, $420,504,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face "Commonwealth Economic Development Act of 2021", and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to 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, 2056. 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 provision of this act, be general obligations of the commonwealth.
SECTION 97. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 2A, 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, $206,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face "Commonwealth Economic Development Act of 2021", and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to 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, 2056. 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 provision of this act, be general obligations of the commonwealth.
SECTION 98. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Covered establishment", a restaurant or other eating or drinking establishment offering same-day food or drink for sale in a single commercial transaction through any third-party delivery service platform, with less than 25 retail locations within the commonwealth.
"COVID-19 emergency", the state of emergency declared by the governor on March 10, 2020 in order to address the outbreak of the 2019 novel coronavirus, also known as COVID-19.
"Customer", an individual using a third-party delivery service platform to place an online order.
"Online order", an order for food or drinks placed by a customer through a third-party delivery service platform provided by a third-party delivery service company for pickup or delivery in the commonwealth.
"Purchase price", the menu price publicly offered on the third-party delivery service platform by a covered establishment. The purchase price shall not include any taxes, gratuities or other fees that may make up the total cost charged to the customer for an online order.
"Third-party delivery service company", a corporation, partnership, sole proprietorship or other entity qualified to do business in the commonwealth that is engaged in facilitating same-day delivery or pickup of food and beverages through a third-party delivery service platform for 20 or more separately owned and operated covered establishments.
"Third-party delivery service platform", any online enabled application, software, website or system offered or utilized by a third-party delivery service company to facilitate the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, covered establishments.
(b) Notwithstanding any general or special law to the contrary, no third-party delivery service company, from the effective date of this act until the termination of the COVID-19 emergency, shall charge a covered establishment a delivery fee per online order for the use of its services and fees other than a delivery fee that totals more than 15 per cent of the purchase price of the online order. No third-party delivery service company shall reduce the compensation rates paid to the delivery service driver, or garnish gratuities, as a result of this section.
(c) This section shall preempt, supersede or nullify any inconsistent, contrary or conflicting local law, ordinance, rule or regulation relating to third-party delivery service platforms and third-party delivery service companies fees, including with respect to any agreements with covered establishments using third-party delivery service companies.
(d) A violation of this section shall be an unfair and deceptive trade practice in violation of chapter 93A of the General Laws.
SECTION 99. There is hereby established a special legislative commission pursuant to section 2A of chapter 4 of the General Laws to examine and make recommendations on addressing the recovery of the cultural and creative sector, including the arts, humanities and sciences, as a result of the outbreak of the 2019 novel coronavirus, also known as COVID-19, and the effects of the governor's March 10, 2020 declaration of a state of emergency pursuant to executive order 591. The special commission shall review and develop recommendations and best practices for the recovery, promotion and continued growth and vitality of the cultural and creative sector in the commonwealth. The special legislative commission shall meet no fewer than 4 times, in diverse locations throughout the commonwealth.
The commission shall consist of the following 13 members: the house and senate chairs of the joint committee on tourism, arts and cultural development, who shall serve as co-chairs; the executive director of the Massachusetts cultural council or a designee; the executive director of MassCreative, Inc. or a designee; 1 member of the commonwealth association of museums; 1 member of the educational theatre association; and 7 members to be appointed by the co-chairs: 2 of whom shall be representatives from 2 different designated cultural districts in the commonwealth; and 5 artists from different disciplines and sectors, including the arts, humanities and sciences. All appointments shall be made not later than 30 days after the effective date of this act. The commission shall convene its first meeting not later than 60 days after the effective date of this act.
The commission shall examine ways to increase recovery and promote remote operations and programming in the commonwealth, including, challenges maintaining and operating programming, including, training staff, developing new creative work regardless of format, barriers in reopening physical locations and maintaining a virtual presence, strategies for increased marketing and strategies for cross-promotional partnerships with other industries, including the hospitality industry.
The chairs of the commission shall work to facilitate information and data requests of the commission members, ensure that the work of the commission incorporates feedback from the cultural and creative sector statewide and coordinate cooperation throughout the review. The commission shall submit a report of its review and its recommendations, together with drafts of legislation, if any, necessary to carry out the recommendations of the commission by filing the same with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on tourism, arts and cultural development, not later than June 30, 2021.
SECTION 100. The executive office of housing and economic development shall issue guidance to assist local officials in determining the voting thresholds for various zoning amendments. Such guidance shall be assembled in consultation with the department of housing and community development, the Massachusetts attorney general's municipal law unit, and Massachusetts Housing Partnership.
SECTION 101. The secretary of housing and economic development shall report annually to the clerks of the house of representatives and the senate, the chairs of the joint committee on housing and the chairs of the senate and house committees on ways and means, on the activities and status of the Housing Choice Initiative, as described by the governor in a message to the general court dated December 11, 2017, including progress made towards the production of 135,000 new units by 2025. The report also shall include a list of all cities and towns that qualify as "housing choice" communities, a list and description of grant funds disbursed to such cities and towns and a description of how the funds were used to support the production of new housing.
Governor dissaproved of the following section by pocket veto
SECTION 102. Sections 15 to 24, inclusive, sections 27 46 and 47, and sections 97 and 98, shall take effect 90 days after enactment.
SECTION 103. Sections 70 to 72, inclusive, and sections 88 to 91, inclusive, shall take effect 120 days from the effective date of this act.
SECTION 104. Sections 48 to 55, section 58, section 60, inclusive shall apply to tax years beginning on or after January 1, 2021.
SECTION 105. Section 4G of chapter 175 of the General Laws shall apply to all policies issued on or after January 1, 2021.
Governor dissaproved of the following section by pocket veto
SECTION 106. The Massachusetts office of business development shall accept applications for approval as a rural growth fund as required under subsection (c) of section 38II of chapter 63 of the General Laws not more than 90 days after the effective date of this act.
SECTION 107. The secretary of administration and finance shall establish the fees required under chapter 93L of the General Laws not later than June 30, 2021.
SECTION 108. The first report required under section 35 of chapter 12 of the General Laws shall be submitted not later than July 1, 2022.
SECTION 109. Sections 3 and 12 shall take effect on July 1, 2021.
SECTION 110. Chapter 93L of the General Laws shall take effect on July 1, 2021.
SECTION 111. Section 75 shall take effect on January 1, 2023.
SECTION 112. Sections 59 and 61 shall take effect on January 1, 2026.
Governor dissaproved of the following section by pocket veto
SECTION 113. Said sections 62 and 103 shall be repealed on July 1, 2026.
Approved (in part), January 14, 2021.