AN ACT RELATIVE TO STRENGTHENING MASSACHUSETTS’ ECONOMIC LEADERSHIP
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, drive industry innovation, and promote economic opportunity and job creation, 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 community development, economic opportunities, support for local governments, increased industry innovation, job creation and the promotion of economic reinvestment through the funding of infrastructure improvements the sums set forth in sections 2 to 2C, inclusive, 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. These sums shall be in addition to any amounts previously authorized and made available for the purposes of those items. The sums set forth in sections 2 to 2B, inclusive, shall be made available until June 30, 2029. The sums set forth in section 2C shall be made available until June 30, 2034.
SECTION 2.
EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Office of the Secretary
7002-0083 For an employment social enterprise capital grant program to be administered by the executive office of economic development, in consultation with the executive office of labor and workforce development, for the development of eligible facilities for nonprofit employment social enterprises that sell goods and services and enhance economic development; provided, that eligible applicants shall be nonprofit organizations operating employment social enterprises targeting individuals facing significant barriers to employment; provided further, that grants to nonprofits 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 overcoming barriers to employment; (iv) assistance to obtain external employment; and (v) job retention services, which shall include follow-up with beneficiaries and employers for at least 1 year 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; (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; and provided further, that grants shall be awarded in a manner that promotes geographic, social and economic equity.......................................................................................... $10,000,000
7002-1352 For a grant program to coastal communities to be administered by the seaport economic council established by Executive Order No. 564; provided, that funding shall be used for community planning and investment activities that stimulate economic development and create jobs in the maritime economy sector and to construct, improve, repair, maintain and protect coastal assets that are vital to achieving these goals; provided further, that the planning, prioritization, selection and implementation of projects shall consider climate change impacts in furtherance of the goals of climate change mitigation and adaptation consistent with the integrated state hazard mitigation and climate change adaptation plan; and provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws.......................................................................................... $100,000,000
7002-1522 For grants administered by the Massachusetts Technology Development Corporation established in section 2 of chapter 40G of the General Laws and doing business as MassVentures; provided, that such grants shall be made on a competitive basis to growing Massachusetts-based companies commercializing technologies developed with the assistance of a Small Business Innovation Research or Small Business Technology Transfer grant from a federal agency, including, but not limited to, the United States Department of Defense, the United States Department of Energy or the National Science Foundation.......................................................................................... $25,000,000
7002-1523 For grants administered by the Massachusetts Technology Development Corporation established in section 2 of chapter 40G of the General Laws and doing business as MassVentures; provided, that such grants shall be made on a competitive basis to Massachusetts-based companies in support of the development of alternative proteins developed with the assistance of a Small Business Innovation Research or Small Business Technology Transfer grant from a federal agency including, but not limited to, the United States Department of Energy, the United States Department of Agriculture, the United States Food and Drug Administration or the National Science Foundation.......................................................................................... $5,000,000
7002-8039 For the Scientific and Technology Research and Development Matching Grant Fund established in section 4G of chapter 40J of the General Laws; provided, that not less than $30,000,000 shall be expended to the University of Massachusetts at Amherst for the expansion of its department of food science and development of a regional resilient and sustainable food innovation hub; and provided further, that not less than $8,000,000 shall be expended to the University of Massachusetts at Dartmouth for blue economy initiatives, including, but not limited to, blue tech research and the development of new technology created for improving ocean health, promoting the responsible use of the ocean, stimulating economic development and creating jobs in the blue economy................................................ $133,000,000
7002-8044 For a program to be administered by the Massachusetts Development Finance Agency established in section 2 of chapter 23G of the General Laws 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 funds may be used to facilitate the expansion or replication of successful industrial parks and to support the revitalization of downtown centers; and provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws.......................... $3,000,000
7002-8046 For the growth capital division of the Massachusetts Development Finance Agency established in section 2 of chapter 23G 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 leverage federal or private investment for the purpose of making loans to small businesses; provided, that such grants shall prioritize socially or economically disadvantaged businesses, which may include, but shall not be limited to, minority-owned, women-owned, worker-owned, veteran-owned or immigrant-owned small businesses that have historically faced obstacles to accessing capital............................................. $35,000,000
7002-8053 For the Brownfields Redevelopment Fund established in section 29A of chapter 23G of the General Laws; provided, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws.......................................................................................... $30,000,000
7002-8054 For the growth capital division of the Massachusetts Development Finance Agency established in section 2 of chapter 23G of the General Laws, in consultation with the microbusiness development center within the Massachusetts office of business development, to provide grants to low- and moderate-income entrepreneurs to acquire, expand, improve or lease a facility, purchase or lease equipment or 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 preference shall be given to businesses located in low-income or moderate-income areas or socially or economically disadvantaged businesses, which may include, but shall not be limited to, minority-owned, women-owned, worker-owned, immigrant-owned or veteran-owned businesses; and provided further, that grants shall be awarded in a manner that promotes geographic equity.......................................................................................... $10,000,000
7002-8056 For a competitive grant program to be administered by the office of travel and tourism; provided, that funds may be used to improve facilities and destinations visited by in-state and out-of-state travelers to increase visitation, entice repeat visitation and increase 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 nonprofit entities; provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws; provided further, that in evaluating grant applications, priority shall be given to projects located in state-designated cultural districts and projects that promote nature-based, agricultural and other forms of rural tourism; 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 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 grants shall be awarded in a manner that promotes geographic equity; and provided further, that funds made available in this item may be used to make capital investments that support the commemoration of the two hundred and fiftieth anniversary of the founding of the United States.......................................................................................... $40,000,000
7002-8057 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.................................................. $15,000,000
7002-8058 For 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 in section 3 of said chapter 40J.......................................................................................... $10,000,000
7002-8059 For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws for grant programs that support collaboration among manufacturers located in the commonwealth and institutions of higher education, nonprofit entities or other public or quasi-public entities; provided, that eligible grantees shall include, but not be limited to, participants in the Manufacturing USA institutes, public and private academic institutions, nonprofit entities and private business entities; provided further, that grant programs funded from this item shall consider the strategic goals and priorities of the advanced manufacturing collaborative established in section 10B of chapter 23A of the General Laws; and provided further, that grants shall be awarded in a manner that promotes geographic, social and economic equity.......................................................................................... $99,000,000
7002-8061 For the MassWorks infrastructure program established in section 63 of chapter 23A of the General Laws; provided, that, pursuant to subsection (b) of section 3A of chapter 40A of the General Laws, grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in said section 3A of said chapter 40A.......................................................................................... $400,000,000
7002-8062 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 loan provided to a municipality or other public entity, a community development corporation, nonprofit entity or for-profit entity; provided further, that eligible uses of funding shall include, but not be limited to: (i) improvements and additions to or alterations of structures and other facilities necessary to comply with requirements of building, 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 (ii) the targeted removal of existing underutilized structures or facilities to create or activate publicly-accessible recreational or civic spaces; provided further, that financial assistance in this item may be administered by the executive office of economic development through a contract with the Massachusetts Development Finance Agency established in section 2 of chapter 23G of the General Laws; 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 funds shall be awarded on a competitive basis in accordance with guidelines developed by the agency; provided further, that financial assistance in this item shall be awarded, to the extent feasible, in a manner that reflects geographic and demographic diversity and social and economic equity within the commonwealth; provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws; 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 financial assistance awarded during the fiscal year.......................................................................................... $90,000,000
7002-8063 For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws for matching grants that support alternative proteins among private entities, institutions of higher education, nonprofit entities and other public or quasi-public entities located in the commonwealth; provided, that grants shall be awarded and administered consistent with the strategic goals and priorities of the Massachusetts advanced manufacturing collaborative established in section 10B of chapter 23A of the General Laws; and provided further, that grants shall be awarded in a manner that promotes geographic, social and economic equity.......................................................................................... $5,000,000
7002-8066 For a capital grant program administered by the executive office of economic development, in consultation with the executive office for administration and finance, to provide grants to support large, transformational projects to drive economic growth; provided, that the program may be known as Mass Impact; provided further, that not less than $2,500,000 shall be expended for the Museum of Science in the city of Boston for the development of a multimodal riverwalk across the Charles river in order to create a missing pedestrian and cycling link, connect businesses and support an inclusive tourism ecosystem; provided further, that projects shall leverage private, federal, municipal or other sources of financial assistance to be eligible for financial assistance in this item; provided further, that the total amount of state funds awarded, including, but not limited to funds in this item, for an individual project shall not exceed 30 per cent of the total development cost of the project; provided further, that the executive office of economic development shall annually submit a report to the house and senate committees on ways and means that shall include, but shall not be limited to, the: (i) projects awarded financial assistance in this item; (ii) total estimated cost of projects awarded financial assistance in this item; (iii) total amount of state funds awarded to projects, including but not limited to, financial assistance in this item, delineated by funding source; (iv) total amount of funding contributed from other sources, including federal, municipal, private or other sources, to projects awarded financial assistance in this item, delineated by funding source; and (v) estimated economic impact of projects awarded financial assistance in this item; provided further, that upon the completion of a project awarded financial assistance in this item, the executive office shall submit a report to the house and senate committees on ways and means that shall include, but shall not be limited to, the: (i) total cost of the completed project; (ii) total amount of state funds expended on the completed project, delineated by funding source; and (iii) total amount of funding contributed from other sources, including federal, municipal, private or other sources, to the completed project, delineated by funding source; provided further, that not less than 3 years and not more than 4 years following completion of a project awarded financial assistance in this item, the executive office shall submit to the house and senate committees on ways and means a report detailing the estimated economic impact created by the state’s investment in such project; and provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws.......................................................................................... $252,500,000
7002-8068 For the rural development program established in section 66A of chapter 23A of the General Laws.................................................................... $100,000,000
7002-8069 For a capital grant program to be administered by the executive office of economic development to provide grants or other financial assistance to private businesses that are constructing or expanding commercial, industrial or manufacturing facilities in the commonwealth which may include, but shall not be limited to: (i) the construction or expansion of facilities in a manner that eliminates or minimizes the use of fossil-fuel heating and cooling equipment, or incorporates other decarbonization measures that would not otherwise be incorporated into the facility design; (ii) the integration of design features that make a facility more resilient to the impacts of climate change, where such design features would not otherwise be economically feasible; and (iii) capital investments that support the creation of a significant number of new jobs in the commonwealth; provided, that the secretary of economic development shall issue program guidelines around the administration of the program which may include the administration of the program through a contract with the Massachusetts Development Finance Agency established in section 2 of chapter 23G of the General Laws, or any other appropriate quasi-governmental agency.......................................................................................... $25,000,000
7002-8070 For a capital grant program to be administered by the Massachusetts Technology Park Corporation established in chapter 40J of the General Laws to support the adoption and application of artificial intelligence capabilities to public policy problems and to leverage emerging artificial intelligence technologies to advance the commonwealth’s lead in technology sectors, including, but not limited to, life sciences, healthcare and hospitals, financial services, advanced manufacturing, robotics and education; provided, that grants shall support capital expenses related to activities that leverage emerging artificial intelligence technologies to advance the commonwealth’s lead in technology sectors; provided further, that grants shall be awarded and administered in a manner consistent with the strategic goals and priorities of the Artificial Intelligence Strategic Task Force established by Executive Order No. 628; provided further, that funds shall be used to support the incubation of artificial intelligence firms, advance the adoption of artificial intelligence technologies and support artificial intelligence software and hardware technology development and commercialization activities; and provided further, that not less than $3,000,000 shall be expended to support the establishment of the commonwealth as a leader in applied artificial intelligence in financial services by establishing a Financial Innovation and Research Center in the city of Worcester to conduct research on applied artificial intelligence and machine learning for the financial services sector, establish literacy and education programs in artificial intelligence for students, employees, employers and the public, support entrepreneurship and build an ecosystem for applied research in artificial intelligence and machine learning in the financial services sector.......................................................................................... $103,000,000
7002-8072 For a competitive program to be administered by the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws to provide grants or other financial assistance for infrastructure support for industry-led consortia focused on advancing the commonwealth’s global leadership and growing jobs in key emerging technology sectors, including, but not limited to, quantum information sciences and technology, bioindustrial manufacturing and nontherapeutic biomanufacturing, which may include alternative proteins; provided, that “alternative proteins” shall mean proteins created from plant-based, ferments or cell-cultured inputs and processes to create foods that share sensory characteristics that are consistent with conventional meat and dairy products; provided further, that the grants shall support the development, demonstration, deployment and commercialization of technology in such key emerging technology sectors; provided further, that funds shall be expended for infrastructure that support training, company incubation and acceleration, technology testing and evaluation and other commercial and economic development needs; and provided further, that not less than $40,000,000 shall be expended for a quantum innovation hub to be located in the Pioneer Valley region of the commonwealth................ $115,000,000
7002-8074 For a competitive program to be administered by the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws to provide grants or other financial assistance to support research and development of robotics technology including, but not limited to, robotics incubation, testing, training, workforce development, research and development and commercialization activities; provided, that grants may be made to nonprofit entities, public or private universities or private business entities......................................................................................... $25,000,000
7002-8075 For a grant program for cities and towns to support the vitality of downtowns and main streets; provided, that grants may be used for technical assistance to develop, sustain or strengthen business districts, town centers, commercial corridors, cultural districts or other walkable mixed-use areas; provided further, that funds may be used for community planning and investment activities that stimulate economic development, expand entrepreneurship and create jobs in the downtown economy sector and to construct, improve, repair, maintain and protect downtown assets; provided further, that the executive office of economic development may establish additional program requirements through regulations or policy guidelines; provided further, that funds shall be awarded on a competitive basis in accordance with such program requirements; and 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 and economic equity.......................................................................................... $9,500,000
SECTION 2A.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary
0640-0308 For the Massachusetts Cultural Facilities Fund established in section 42 of chapter 23G of the General Laws for the acquisition, design, construction, repair, renovation, rehabilitation or other capital improvement or deferred maintenance to cultural facilities; provided, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws.......................................................................................... $50,000,000
1100-2520 For grants or other financial assistance to cities, towns, regional organizations whose membership is exclusively composed of municipal governments, municipal redevelopment authorities or agencies or quasi-governmental agencies to support economic development in the commonwealth, including efforts that support workforce development, higher education, tourism, arts and culture; provided, that eligible purposes of the grants may include, but shall not be limited to, planning and studies, preparation of plans and specifications, site assembly and preparation, dispositions, acquisitions, repairs, renovations, improvements, construction, demolition, remediation, modernization and reconstruction of facilities, infrastructure, equipment and other capital assets, technical assistance, and information technology equipment and infrastructure; and provided further, that grants or other financial assistance under this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws.......................................................................................... $100,000,000
1100-2521 For the Massachusetts Educational Financing Authority established in section 4 of chapter 15C of the General Laws to assist students, their parents, legal guardians and others responsible for paying the costs of the student’s education and assist institutions of higher education in supporting access to affordable higher education opportunities.......................................................................................... $85,000,000
1599-1017 For local economic development projects; provided, that not less than $100,000 shall be expended to the Tantasqua regional school district for a district wide electric vehicle charger installation project; provided further, that not less than $5,000,000 shall be expended for Gloucester city hall; provided further, that not less than $1,000,000 shall be expended for the University of Massachusetts at Amherst marine station in the city of Gloucester for a study and implementation plan for the development of the blue economy on the north shore and an ocean cluster on Cape Ann; provided further, that not less than $10,000,000 shall be expended for the town of Manchester-by-the-Sea to modernize, upgrade and expand electrical power transmission and distribution infrastructure for the purpose of hosting the expansion of the Cell Signaling Technology campus; provided further, that not less than $75,000 shall be expended to the town of Shrewsbury for an economic development strategy to promote business development along United States highway route 20; provided further, that not less than $25,000 shall be expended for the façade grant program in the town of Shrewsbury for improvements to commercial buildings of small businesses; provided further, that not less than $150,000 shall be expended for multimodal transportation enhancements and the construction of urban park enhancements in the town center business district in the town of Shrewsbury; provided further, that not less than $1,575,000 shall be expended for economic development through improved infrastructure and roadways for the Otis street project in the town of Westborough; provided further, that not less than $1,000,000 shall be expended for the Taunton municipal lighting plant for the expansion of broadband services to commercial enterprises and residents; provided further, that not less than $10,000,000 shall be expended for a grant program funding capital projects at rest homes; provided further, that not less than $2,000,000 shall be expended for the McKinney playground in the Brighton section of the city of Boston for the implementation of the master plan including ball field renovations and pathway improvements; provided further, that not less than $2,500,000 shall be expended for the rehabilitation of the former Malden district courthouse for the purpose of creating a new arts and culture space; provided further, that not less than $100,000 shall be expended for North Quabbin Chamber of Commerce, Inc.; provided further, that not less than $500,000 shall be expended for the Franklin Regional Council of Governments; provided further, that not less than $200,000 shall be expended for Economic Development and Industrial Corporation in the town of Orange; provided further, that not less than $500,000 shall be expended for the department of public works in the city of Holyoke to develop a strategic plan to maximize revenue and to enhance economic activity and initiatives; provided further, that not less than $2,000,000 shall be expended to Adams Presidential Center and Foundation, Inc in the city of Quincy; provided further, that not less than $100,000 shall be expended for the town of Wayland for their United States highway route 20 master plan and future town-wide master and strategic plans; provided further, that not less than $100,000 shall be expended to fund an economic development coordinator for the town of Wayland; provided further, that not less $100,000 shall be expended for the implementation of section 3A of chapter 40A of the General Laws in the town of Wayland; provided further, that not less than $4,000,000 shall be expended for Holyoke Health Center, Inc. for planning, renovations, improvements, construction, the modernization of facilities, infrastructure, equipment and other capital needs for the workforce education and training center for the Pioneer Valley; provided further, that not less than $500,000 shall be expended for the town of Wakefield for critical upgrades to the Albion Cultural Exchange to allow for an elevator and accessibility to the second floor for micro work spaces; provided further, that not less than $1,000,000 shall be expended for the Cape Verdean Association of Boston Inc. for the acquisition of their building to continue providing youth employment and violence prevention services; provided further, that not less than $100,000 shall be expended for wayfinding signage improvements and streetscape enhancements in the historic downtown and central business district of the city of Methuen; provided further, that not less than $20,000 shall be expended for the town of Natick to study the feasibility of shared-use path along the half-mile stretch of the northeast section of the town between the town of Weston and the town of Wayland; provided further, that not less than $100,000 shall be expended for electrical and internet utility service improvements at east Natick industrial park; provided further, that not less than $250,000 shall be expended for improvements to the energy management system at the Nevins Memorial library in the city of Methuen; provided further, that not less than $250,000 shall be expended to support the sustainable re-use of the historic Edward F. Searles estate in the city of Methuen; provided further, that not less than $500,000 shall be expended for the design of the redevelopment of Middlesex avenue parking structure in the town of Natick; provided further, that not less than $500,000 shall be expended for pedestrian, bike lanes and traffic safety improvements in the town of Natick; provided further, that not less than $200,000 shall be expended for the town of Somerset to support Pedals and Parks program for revitalization of parks and bicycle lanes; provided further, that not less than $2,000,000 shall be expended for the preparation of building a sports complex in western Massachusetts housing the International Volleyball Hall of Fame; provided further, that not less than $500,000 shall be expended for the repurposing of the former police station on Russells Mills road in the town of Dartmouth into a business incubator space for graduates of Greater New Bedford Regional Vocational high school who are under 30 years of age and who did not attend a higher education institution and are starting a business; provided further, that not less than $150,000 shall be expended for New England Culinary Arts Training for a financial assistance pilot program for students; provided further, that not less than $500,000 shall be expended for Science Club For Girls in the city of Cambridge to support educational programs in science, technology, engineering and mathematics for girls and gender-expressive youth; provided further, that not less than $5,000,000 shall be expended to the New England Historic Genealogical Society for improvements to areas that house and preserve historical artifacts and records of the commonwealth; provided further, that not less than $6,000,000 shall be expended for the restoration of a historic façade at the Alexandra hotel in the city of Boston; provided further, that not less than $30,000 shall be expended for the construction of a fence around Depot Square park in the town of Ayer; provided further, that not less than $1,750,000 shall be expended for necessary renovation and expansion of the Greater New Bedford Community Health Center, Inc.; provided further, that not less than $500,000 shall be expended for the New Bedford community economic development center for the Capitol theater on Acushnet avenue; provided further, that not less than $150,000 shall be expended to the town of Oakham for building upgrades and general improvements, including the construction of a new town hall; provided further, that not less than $1,000,000 shall be expended for Courniotes hall at American International College for capital improvements and repairs necessary due to lightning strike in July, 2023; provided further, that not less than $150,000 shall be expended for the construction of a new fire station in the town of Barre; provided further, that not less than $2,500,000 shall be expended for capital costs related to the construction of the Louis D. Brown Peace Institute's Center for Healing, Teaching and Learning for families and communities throughout the commonwealth impacted by murder, trauma, grief and loss; provided further, that not less than $10,000,000 shall be expended for the design and construction of a new North End community center in the North End section of the city of Boston; provided further, that not less than $20,000,000 shall be expended for the route 128 exit 19 interchange improvement project (phase II) in the city of Beverly currently identified as Massachusetts Department of Transportation highway project number 607727; provided further, that not less than $150,000 shall be expended to the town of Hubbardston for the construction of a new fire station; provided further, that not less than $150,000 shall be expended for the construction of a new police station in the town of Hardwick; provided further, that not less than $250,000 shall be expended for the purpose of promoting economic development and making improvements in the town of Grafton; provided further, that not less than $1,000,000 shall be expended for Children’s Services of Roxbury, Inc. to renovate and transform 2 underutilized buildings; provided further, that not less than $500,000 shall be expended for FORGE to sustain and expand a state-wide program which promotes manufacturing and innovation, including climate tech, through the support of hardtech startup manufacturing readiness and local supply chains; provided further, that not less than $250,000 shall be expended for economic development promotion in the town of Upton; provided further, that not less than $100,000 shall be expended for electronic signage in the city of Lancaster; provided further, that not less than $250,000 shall be expended for Higher Expectations sports complex in the city of Springfield; provided further, that not less than $1,000,000 shall be expended for renovations from the John B. Gough House in the town of Boylston; provided further, that not less than $200,000 shall be expended for septic systems on town-owned land in Post Office square in the town of Sharon; provided further, that not less than $1,000,000 shall be expended for the renovation of the train depot in the town of Stoughton; provided further, that not less than $250,000 shall be expended for the construction of a new fire station in the city of Southbridge; provided further, that not less than $50,000 shall be expended for Hebron food pantry for the costs associated with the purchase and compliance of the building located at 40 Emory street in the city of Attleboro; provided further, that not less than $250,000 shall be expended for promoting economic development and making improvements in the town of Northbridge; provided further, that not less than $1,000,000 shall be expended for capital expenditures in the town of Lexington for events related to the 250th anniversary celebration; provided further, that not less than $250,000 shall be expended for African Diaspora Mental Health Association LLC in the city of Springfield; provided further, that not less than $250,000 shall be expended for Stevens Mill, LLC for the renovation of Stevens Linen mill for senior and affordable housing units along with the buildout of new business space in the town of Dudley; provided further, that not less than $2,000,000 shall be expended for the project of dredging the Ten Mile river; provided further, that not less than $500,000 shall be expended to the Friends of Sholan Farms, Inc. for improvements at Sholan Farms in the city of Leominster; provided further, that not less than $500,000 shall be expended for Main Street Indian Orchard downtown revitalization in the city of Springfield; provided further, that not less than $500,000 shall be expended for the development of athletic fields behind the Leominster high school in the city of Leominster; provided further, that not less than $100,000 shall be expended for a United States highway route 20 master plan; provided further, that not less than $5,000,000 shall be expended for the Chinatown branch library in the city of Boston; provided further, that not less than $100,000 shall be expended for recruitment and funding of an economic development coordinator position for the town of Sudbury; provided further, that not less than $3,500,000 shall be expended for the Westmass Area Development Corporation to support the redevelopment and expansion of properties and expenses associated with carbon neutral developments to support the residents and businesses of Ludlow Mills; provided further, that not less than $500,000 shall be expended for Sturdy Health, Inc. for the completion and interconnection of a combined heat and power plant aimed at minimizing the use of fossil-fuel heating and cooling at their facility in the city of Attleboro; provided further, that not less than $50,000 shall be expended for the Corporation for Public Management for the development of a downtown initiative in the city of Chicopee; provided further, that not less than $500,000 shall be expended for a water pollution control pump station and combined sewer overflow facility improvements in the city of Chicopee; provided further, that not less than $35,000 shall be expended for the implementation of Locally Grown Sudbury, including Sudbury grown fairs, a climate resilient food security engagement series, a farmers' market feasibility plan and other initiatives for the town of Sudbury; provided further, that not less than $500,000 shall be expended to the city of Leominster for the stabilization of the North Nashua river; provided further, that not less than $250,000 shall be expended for the development and expansion of water infrastructure in the town of Charlton to encourage business development and mitigate PFAS; provided further, that not less than $2,500,000 shall be expended for capital upgrades to the Lynn Community Health Center; provided further, that not less than $250,000 shall be expended for Black History in Action for Cambridgeport, Inc in the city of Cambridge for the design and construction of the Center for Black Exuberance to foster collective liberation practices through the arts, education and public history; provided further, that not less than $5,000,000 shall be expended for capital improvements to the Boston Shipyard and Marina; provided further, that not less than $250,000 shall be expended for Hope Community Development Corporation in the city of Springfield for community outreach; provided further, that not less than $1,000,000 shall be expended for new sidewalks, pedestrian safety, traffic calming and capital improvements for the town of Hamilton’s core business district; provided further, that not less than $250,000 shall be expended for Boys & Girls Club Family Center, Inc. on Acorn street in the city of Springfield; provided further, that not less than $250,000 shall be expended for the Spring of Hope body and soul program; provided further, that not less than $1,500,000 shall be expended for capital improvements to Museum of African American History, Incorporated; provided further, that not less than $150,000 shall be expended to the town of Georgetown for the Georgetown Youth Community Center to help youth and at-risk youth develop networking and job skills; provided further, that not less than $2,500,000 shall be expended for the expansion and renovation of the Huntington theatre; provided further, that not less than $300,000 shall be expended to the city of Medford for revitalizing Medford square’s waterfront area for community use and recreational purposes; provided further, that not less than $2,500,000 shall be expended to the city of Boston for the construction planning, capital projects and deferred maintenance by Revolutionary Spaces, Inc. at the Old State House and Old South Meeting House; provided further, that not less than $250,000 shall be expended to Parent Villages, Inc. for a youth outreach center; provided further, that not less than $300,000 shall be expended to Riverside Place in the city of Medford for the installation of seating and outdoor coverage for residents; provided further, that not less than $250,000 shall be expended to Springfield Neighborhood Housing Services, Inc.; provided further, that not less than $150,000 shall be expended to the town of Topsfield for public safety and access improvements to enhance connectivity in and around the downtown area; provided further, that not less than $150,000 shall be expended to the town of Ipswich for the weatherization and efficiency upgrades to the historic Hall-Haskell House and its surrounding historic district; provided further, that not less than $2,000,000 shall be expended for the expansion of the Berkshire Innovation Center at the William Stanley Business Park in the city of Pittsfield; provided further, that not less than $5,000,000 shall be expended to Harvard Street Neighborhood Health Center Inc. for the purpose of planning and construction of a new state of the art, ADA-compliant health center in the Dorchester section of the city of Boston; provided further, that not less than $1,500,000 shall be expended to the city of Fitchburg to assist with the redevelopment, renovation and site improvement of underutilized properties to provide additional housing capacity; provided further, that not less than $1,000,000 shall be expended for Lowell Community Health Center, Inc. for the development and operation of the Family Medicine Residency Program; provided further, that not less than $250,000 shall be expended to the town of Mansfield for the designing, planning and improving development in the parkway from North Main street and Chauncy street; provided further, that not less than $150,000 shall be expended to the town of Newbury for the construction of a new, ADA-compliant playground at the Central street athletic fields; provided further, that not less than $100,000 shall be expended to 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 $10,000,000 shall be expended to UTEC, Inc. for establishing a new social enterprise facility to provide employment training and best reduce recidivism for individuals in the Merrimack valley area; provided further, that not less than $5,000,000 shall be expended to Sueños Basketball for the construction or procurement of a new youth athletic facility center in Lawrence; provided further, that not less than $500,000 shall be expended to the Fitchburg public library to develop a learning lab for resume workshops and job training programming; provided further, that not less than $2,500,000 shall be expended to the city of Boston for the design and construction of the BCYF Dorchester Community Center; provided further, that not less than $150,000 shall be expended to the town of Southampton for the construction of a new safety complex; provided further, that not less than $35,000 shall be expended for the Godfrey Triangle WWII memorial restoration in Springfield; provided further, that not less than $5,000,000 shall be expended to the city of Boston for the design and renovation of Madison Park Technical Vocational high school; provided further, that not less than $1,000,000 shall be expended for repairs to public parking garages to revitalize the Malden center area of the city of Malden; provided further, that not less than $1,000,000 shall be expended for revitalization of the Pleasant street business district in the city of Malden; provided further, that not less than $300,000 shall be expended to Chelsea Black Community Inc. to support the infrastructure needed for in-house workforce development initiatives; provided further, that not less than $500,000 be expended to La Colaborativa to support expanded access to green jobs and workforce development programs to residents with limited work readiness skills or English fluency; provided further, that not less than $350,000 shall be expended to Governor Bellingham-Cary House Association for needed renovations of the Governor Bellingham-Cary House; provided further, that not less than $800,000 shall be expended for the reconstruction, improvements and to upgrade access to the boat ramp, parking lot and shore fishing facility at Laurel lake in the town of Lee; provided further, that not less than $150,000 shall be expended to the town of Somerset for the façade grant program to assist small businesses in improving their commercial building façades and other exterior features; provided further, that not less than $2,500,000 shall be expended to the Boston Symphony Orchestra for security upgrades at Tanglewood in Berkshire county; provided further, that not less than $250,000 shall be expended for the development of a micro-regional transit program in southern Berkshire county; provided further, that not less than $500,000 shall be expended for the city of Worcester to establish a storefront façade improvement program; provided further, that not less than $500,000 shall be expended for the town of Leicester to redevelop and re-use town-managed property for the development of an entrepreneurship center and commercial kitchen; provided further, that not less than $1,000,000 shall be expended to Berkshire Film and Media Collaborative, Inc. for the completion of the International Education center in Berkshire county; provided further, that not less than $500,000 shall be expended for the emergency replacement of the Brookside road bridge in the town of Great Barrington; provided further, that not less than $2,500,000 shall be expended for the acquisition of 167-171 Main street in the city of Marlborough for the design, construction and further economic development efforts of the Marlborough village district; provided further, that not less than $500,000 shall be expended for the town of Leicester to partner with Massachusetts Biotechnology Council, Inc. to establish a veterinary training and research program; provided further, that not less than $300,000 shall be expended for fire and emergency medical services in the town of Norfolk; provided further, that not less than $250,000 shall be expended to the town of Tewksbury to assist in redesigning route 38 in the town of Tewksbury from Colonial drive to Shawsheen street; provided further, that not less than $250,000 shall be expended for the redesign of route 38 in the town of Tewksbury; provided further, that not less than $250,000 shall be expended to the town of Wilmington to assist in redesigning route 38 in the town of Wilmington from Burlington avenue to Richmond street; provided further, that not less than $2,000,000 shall be expended to the city of Boston for the redesign and construction of Blue Hill avenue; provided further, that not less than $1,000,000 shall be expended to the town of Tewksbury for restoration, clearing and renovation of, or development of the Trahan Elementary school and North Street Elementary school properties; provided further, that not less than $20,000 shall be expended to the town of Norwell for the purpose of promoting an economic growth plan and making improvements within the town; provided further, that not less than $500,000 shall be expended to the town of Tewksbury for the construction or renovation of sidewalks on North street; provided further, that not less than $1,000,000 shall be expended for the North End Waterfront Neighborhood Health Center; provided further, that not less than $300,000 shall be expended to the town of Southborough for economic development projects, including wayfinding signage; provided further, that not less than $300,000 shall be expended to the town of Northborough for economic development projects, including wayfinding signage and signage and façade improvements to the downtown area in the town of Northborough; provided further, that not less than $400,000 shall be expended to the town of Westborough for economic development projects, including the creation of an electric vehicle station plan, costs associated with rotary redesign, sidewalk improvements, and municipal parking improvements, and other projects in the town of Westborough; provided further, that not less than $500,000 shall be expended to Habitat for Humanity Greater Boston, Inc. for infrastructure, renovation and development costs at 104-108 Walter street in the Roslindale section of the city of Boston; provided further, that not less than $2,000,000 shall be expended to the city of Boston for the design and renovation of Billings field in the West Roxbury section of the city of Boston; provided further, that not less than $45,000 shall be expended for the town of Boxborough for the replacement of the culvert at Guggins brook beneath Liberty Square road; provided further, that not less than $50,000 shall be expended to the Economic Development Council of Western Massachusetts, Inc. to assist displaced businesses in the city of Springfield; provided further, that not less than $1,000,000 shall be expended to assist the city of Worcester in its 10-year cultural plan to promote diversity, equity and inclusion programming; provided further, that not less than $250,000 shall be expended to Old Hill Community Center in the city of Springfield; provided further, that not less than $100,000 shall be expended for the Dismas House in the city of Worcester; provided further, that not less than $200,000 shall be expended for the Salem YMCA childcare program outdoor recreational center; provided further, that not less than $500,000 shall be expended for the 2-year pilot program to expand the service of the Salem Skipper into the city of Beverly and the town of Danvers; provided further, that not less than $1,000,000 shall be expended for the South Salem commuter rail stop to support the final design phase work; provided further, that not less than $1,500,000 shall be expended to CitySpace, Inc. in the city of Easthampton for the renovation of the old town hall; provided further, that not less than $650,000 shall be expended to Helfrich Brothers Inc. for the investment of advanced machinery specifically designed for the manufacturing of GreenTech products; provided further, that not less than $750,000 shall be expended to the office of transportation planning to conduct a land use and transportation study of the interstate 495 corridor and MetroWest region of the commonwealth as recommended by the 2018 495/MetroWest Suburban Edge Community commission, including: (i) the current conditions of regional transportation in the region; (ii) establishing the future regional transportation, housing and economic development priorities; (iii) making recommendations to improve the region's residents' and workers' mobility; and (iv) connecting the region’s major transit routes; provided further, that not less than $1,000,000 shall be expended to the YMCA of the North Shore, Inc. for the Haverhill YMCA development projects; provided further, that not less than $1,000,000 shall be expended to the city of Haverhill for the repair and renovation of the Haverhill stadium and other park and recreation projects; provided further, that not less than $10,000,000 shall be expended to the Haverhill public library for necessary improvements to infrastructure and accessibility; provided further, that not less than $300,000 shall be expended to the Springfield Symphony Orchestra, Inc. to develop and grow the Springfield symphony youth orchestra and educational programming initiative, for the development of new employment opportunities including paid student internships, for scholarship dollars for educational concerts and to create programming in western Massachusetts; provided further, that not less than $2,000,000 shall be expended for the Boys & Girls Club of Greater Lowell, Inc. for the repair and renovation of the club’s property at Middlesex street in the city of Lowell to allow for the expansion and creation of programs to provide workforce development training, aid in closing the academic achievement gap and for the creation of permanent new jobs in the city of Lowell; provided further, that not less than $1,000,000 shall be expended to convert the former McKinley school in the city of Revere into a food hub; provided further, that not less than $10,000,000 shall be expended for Suffolk Downs to support mixed use development for the project in the city of Boston and the city of Revere; provided further, that not less than $280,000 shall be expended for the city of Revere to conduct a master planning exercise for the Squire road corridor; provided further, that not less than $50,000,000 shall be expended for Nubian square for a life sciences training development on the Blair site in the Dudley Square economic development area in the city of Boston; provided further, that not less than $1,000,000 shall be expended to address business improvements and vacancy in West Medford square in the city of Medford; provided further, that not less than $1,000,000 shall be expended for improvements to business districts, sidewalks and bridge repairs in the town of Arlington; provided further, that not less than $1,000,000 shall be expended to address business improvements and vacancy in the town of Arlington; provided further, that not less than $4,700,000 shall be expended for capital repairs, ADA enhancements and a feasibility study for water line replacement on Georges island; provided further, that not less than $2,000,000 shall be expended to the city of Quincy for dredging the channel in Quincy Bay and beach restoration in the Merrymount neighborhood; provided further, that not less than $500,000 shall be expended for Pawtucket Farm Wildlife Sanctuary to protect the last farm in Lowell for urban agriculture, community gardens, youth career development and to build an urban environmental education center; provided further, that not less than $500,000 shall be expended for the Planned Parenthood League of Massachusetts, Inc. for infrastructure projects, including but not limited to, renovations, facility upgrades and the expansion of health service areas, to enhance healthcare delivery and support community health needs; provided further, that not less than $1,000,000 shall be expended for the city of Boston to develop a design of a comprehensive park renovation of Clifford park; provided further, that not less than $75,000 shall be expended to the Brookline Community Foundation, Inc. for community theater and diverse cultural programming; provided further, that not less than $5,000,000 shall be expended for the New Bedford Whaling Museum’s welcome and exhibition center; provided further, that not less than $750,000 shall be expended for capital funding to find a new accessible home for Vinfen’s Gateway Arts program, which provides working artists with disabilities a vocational and employment opportunity fostering independence in the community; provided further, that not less than $3,000,000 shall be expended for YMCA Southcoast for infrastructure upgrades; provided further, that not less than $1,000,000 shall be expended for construction of a boat renovation, storage and educational workshop space at the Azorean Maritime Heritage Society, Inc. in the city of New Bedford; provided further, that not less than $2,000,000 shall be expended for the Eastern States Exposition in West Springfield for improvements to the Better Living Center to increase economic activity and tourism in western Massachusetts; provided further, that not less than $500,000 shall be expended for the town of Scituate for the design and construction of North Scituate sewer; provided further, that not less than $500,000 shall be expended for costs associated with the purchase of information technology, medical equipment and interior building construction and licensing for a community health center in the city of Springfield; provided further, that not less than $500,000 shall be expended for improvements to downtown area in the town of Plympton to increase economic activity; provided further, that not less than $800,000 shall be expended for improvements at the intersection of Great Pond road and Osgood street on state highway route 125 and the nearby vicinity in the town of North Andover; provided further, that not less than $3,000,000 shall be expended for Worcester Polytechnic Institute to establish an Innovation Hub for Recovery and Regeneration to serve as a focal point in research, workforce development, corporate-university partnerships and entrepreneurial growth in the region; provided further, that not less than $10,000,000 shall be expended for the Massachusetts Port Authority for the planning and rehabilitation of the North Jetty located in the South Boston waterfront to support the offshore wind industry and to import special project and break-bulk cargoes; provided further, that not less than $500,000 shall be expended for the town of Kingston for roadway safety improvements; provided further, that not less than $250,000 shall be expended for the purpose of identifying a proper site and management model and establishing an Upper Cape Blue Economy and Business Accelerator as identified in the Cape Cod Blue Economy Project: A Call to Action report; provided further, that not less than $10,000,000 shall be expended for the reconstruction and rehabilitation of the South Jetty in the Raymond L. Flynn Marine Park in the South Boston section of the city of Boston; provided further, that not less than $250,000 shall be expended to the town of Halifax to assist with the implementation of the MBTA Communities Act provisions; provided further, that not less than $800,000 shall be expended for Westfield State University to build a new mental health hub to address workforce shortages in behavioral health, nursing and healthcare in western Massachusetts; provided further, that not less than $50,000 shall be expended for the Allston-Brighton Community Development Corporation to renovate the Hill House in the city of Boston; provided further, that not less than $100,000 shall be expended for improvements to the South Shore Irish Heritage Trail in the town of Scituate; provided further, that not less than $1,000,000 shall be expended for the historic Iron Horse Music Hall in the city of Northampton; provided further, that not less than $250,000 shall be expended for the Center After School Program, Inc. in the city of Springfield; provided further, that not less than $5,000,000 shall be expended for the Boston Children’s Museum for planning, repairs, renovations, improvements, construction and the modernization of facilities, infrastructure, equipment and other capital needs; provided further, that not less than $100,000 shall be expended for the town of Scituate for maintenance and improvements to the Scituate Visitor Center; provided further, that not less than $4,300,000 shall be expended for marina and pier enhancements on Spectacle Island; provided further, that not less than $1,000,000 shall be expended for the city of Boston for the design of connection walking paths to Moakley park in the South Boston section of the city of Boston; provided further, that not less than $500,000 shall be expended for the Zeiterion Performing Arts Center, Inc., for its reopening planning and support; provided further, that not less than $2,000,000 shall be expended for the study, design and construction of a new school building for the Shaw-Taylor Elementary School in the city of Boston; provided further, that not less than $2,000,000 shall be expended for the city of Worcester to support the historic preservation and adaptive reuse of the Worcester Memorial Auditorium; provided further, that not less than $150,000 shall be expended for the Plymouth Regional Economic Development Foundation, Inc. to study ways to meet the needs of resident entrepreneurs and manufacturers; provided further, that not less than $150,000 shall be expended to the town of Plymouth to conduct site assessments and determine suitable locations for commercial redevelopment; provided further, that not less than $150,000 shall be expended to the town of Plymouth to hire a consultant to assist with the Plymouth regional convention center implementation strategy, including site selection, pre-design work, determining market performance, build program, job creation projections, incentives package and infrastructure improvement; provided further, that not less than $150,000 shall be expended to the town of Plymouth for improvements to the Herring pond and State road intersection to support commercial growth in the village of Cedarville; provided further, that not less than $500,000 shall be expended for renovations and restoration of the Soldiers and Sailors Memorial Building in the city of Melrose; provided further, that not less than $522,000 shall be expended for capital repairs and Americans with Disabilities Act enhancements to Peddocks island pier; provided further, that not less than $100,000 shall be expended to the town of Clinton for waste removal at the WHEAT Community Services site; provided further, that not less than $250,000 shall be expended to the town of Oxford to facilitate the expansion of sewer services through intermunicipal sewer agreements; provided further, that not less than $100,000 shall be expended to the town of Clinton for furnishings, equipment and materials in support of beautification and placemaking activities in downtown Clinton; provided further, that not less than $250,000 shall be expended for storefront improvements of the Centralville section in the city of Lowell; provided further, that not less than $2,000,000 shall be expended to the town of Canton for the purposes of redeveloping the former St. Gerard Majella church property on Washington street in the town of Canton; provided further, that not less than $500,000 shall be expended for the museum at the Paul Revere Heritage Site in the town of Canton; provided further, that not less than $500,000 shall be expended for improvements to the industrial park in the town of Avon; provided further, that not less than $250,000 shall be expended for the town of Douglas to conduct an updated Master Plan; provided further, that not less than $500,000 shall be expended for roadway and sidewalk improvements for Billerica Center and Boston Road in the town of Billerica; provided further, that not less than $200,000 shall be expended to the city of Westfield for the South Maple and Pleasant streets economic development projects; provided further, that not less than $500,000 shall be expended to Northern Essex Community College to create pathways for high school students to pursue licensed practical nurse certification alongside their high school diploma; provided further, that not less than $1,000,000 shall be expended to the city of Boston for the renovation of Daisy field at Olmsted park; provided further, that not less than $100,000 shall be expended to the Springfield Museums Corporation for renovations to the childhood home and garage of Dr. Seuss; provided further, that not less than $100,000 shall be expended to the town of Marshfield for 4 solar panel pedestrian lights; provided further, that not less than $50,000 shall be expended to the city of Lowell for a feasibility study and schematic design in conjunction with the Merrimack Valley Rowing Association for the development of a boathouse and restaurant on property located along the Merrimack river; provided further, that not less than $500,000 shall be expended for the design and construction of the Sword street culvert replacement project in the town of Auburn; provided further, that not less than $200,000 shall be expended to the town of Oxford for economic development of the downtown area; provided further, that not less than $500,000 shall be expended to the city of Melrose for renovations to its public safety buildings; provided further, that not less than $1,000,000 shall be expended to the town of Bedford for public infrastructure related to the proposed fire station at 139 Great road; provided further, that not less than $75,000 shall be expended to the Trustees of Reservations for renovations at the William Cullen Bryant homestead property in the town of Cummington; provided further, that not less than $1,500,000 shall be expended on the New Garden Park, Inc infrastructure improvements for the Greendale Project in the city of Worcester; provided further, that not less than $250,000 shall be expended for the Middlesex 3 Coalition to improve economic development programs in the Middlesex 3 region along United States highway route 3 from the town of Burlington to the New Hampshire border; provided further, that not less than $1,000,000 shall be expended for the Create 508 - Youth Creatives and Entrepreneurs program in the city of Worcester; provided further, that not less than $125,000 shall be expended for efforts to implement a wayfinding signage plan in Hingham Harbor and to highlight assets to growing businesses, regional shoppers and travelers; provided further, that not less than $500,000 shall be expended to the city of Brockton for roadway and safety improvements at D.W. Field park; provided further, that not less than $1,000,000 shall be expended to the city of Lawrence for small business loans, startup incubators and grants for local businesses to expand operations and create jobs; provided further, that not less than $250,000 shall be expended for the restoration of the Damon Tavern in the town of North Reading; provided further, that not less than $250,000 shall be expended for the Lowell Youth Leadership Program, Inc. in the city of Lowell; provided further, that not less than $5,000,000 shall be expended to expand the life sciences apprenticeship program administered by the Massachusetts Biotechnology Educational Foundation, Inc.; provided further, that not less than $250,000 shall be expended to the town of Walpole in order to reopen the East Walpole Fire Station; provided further, that not less than $300,000 shall be expended to the Neponset River Regional Chamber of Commerce; provided further, that not less than $75,000 in matching grants shall be expended for improvements to Newhall Park in the town of Lynnfield; provided further, that not less than $100,000 shall be expended to the Neponset River Regional Chamber to establish a business incubator accelerator space for regional business growth; provided further, that not less than $5,000,000 shall be expended for a pilot program for supportive housing loans and rental assistance through the Massachusetts rental voucher program to support the development by the Charles River Center of permanent independent housing for individuals with autism or intellectual disabilities in an integrated housing development, through partnerships with 1 or more nonprofit organizations and including the provision of services to such development; provided further, that not less than $500,000 shall be expended to the city of Brockton for the support of downtown revitalization efforts; provided further, that not less than $125,000 shall be expended to the town of Reading for the proper recognition of former resident, civil rights leader and Boston Celtics’ great Bill Russell; provided further, that not less than $1,000,000 shall be expended to the town of Belchertown for repairs, renovations and remediation of town-owned buildings formerly serving as the Belchertown State School; provided further, that not less than $1,000,000 shall be expended to the city of Lawrence for training programs, apprenticeships and educational initiatives to enhance the skills of the workforce and meet the needs of emerging industries; provided further, that not less than $950,000 shall be expended for the RecoveryWorks program at Massachusetts General Hospital; provided further, that not less than $200,000 in matching grants shall be expended for the construction of the new municipal complex in the town of Middleton; provided further, that not less than $1,000,000 shall be expended to the town of West Springfield for planning and acquiring land for the development of a new police station; provided further, that not less than $250,000 shall be expended to the town of Oxford to construct a “Welcome & Interpretive Center” in conjunction with expanded community wayfinding, branding and streetscape improvements; provided further, that not less than $150,000 shall be expended for the establishment of the Greylock Glen Commission; provided further, that not less than $325,000 shall be expended to Lever, Inc. to support entrepreneurs in Berkshire county; provided further, that not less than $500,000 shall be expended for the Williamstown Meetinghouse Preservation Fund, Inc.; provided further, that not less than $250,000 shall be expended for the Adams Theater in the town of Adams; provided further, that not less than $325,000 shall be expended for renovations of the Mohawk Theater in the town of North Adams; provided further, that not less than $350,000 shall be expended for the Massachusetts Museum of Contemporary Art in the town of North Adams; provided further, that not less than $500,000 shall be expended to the town of Burlington for a design study to advance state highway route 3A and Cambridge street roadway improvements that support safe mobility options and unlock new housing and mixed-use development in the Burlington town center; provided further, that not less than $1,000,000 shall be expended to the city known as the town of Amherst to make business district sidewalks fully accessible to residential neighborhoods; provided further, that not less than $1,000,000 shall be expended for construction and other project costs of a new department of public works facility in the town of Boxford; provided further, that not less than $1,000,000 shall be expended to the town of Granby to develop, renovate or construct the Granby municipal building; provided further, that not less than $50,000 shall be expended to the town of Wellesley for the early development stages of an arts and cultural center; provided further, that not less than $500,000 shall be expended for capital improvements to Follow Your Art Community Studios, Inc. in the city of Melrose; provided further, that not less than $200,000 shall be expended to the town of Dighton for infrastructure upgrades to the Main street corridor zoned for business; provided further, that not less than $50,000 shall be expended for façade and storefront improvements in the Vinal square section of the town of Chelmsford; provided further, that not less than $5,000,000 shall be expended for rural wastewater and public water supplies; provided further, that not less than $1,000,000 shall be expended to the city known as the town of Amherst for the installation of solar canopies on municipal parking lots; provided further, that not less than $500,000, shall be expended for Americans with Disabilities Act compliance for elevator construction for the redevelopment of multi-story properties within business districts in the city of Lowell; provided further, that not less than $100,000 shall be expended to the town of West Newbury for the construction of a crosswalk at the Page school/Pipestave intersection; provided further, that not less than $750,000 shall be expended to the Woburn Golf and Ski Authority for water delivery system improvements, including irrigation; provided further, that not less than $500,000 shall be expended to the Shelburne Falls fire district for the bridge of flowers; provided further, that not less than $50,000 shall be expended for the Sports Museum of New England for archive preservation support for exhibits, visitors and the commonwealth; provided further, that not less than $1,000,000 shall be expended to the town of Boxford for the repairs to the superstructure of the Endicott road bridge; provided further, that not less than $10,000,000 shall be expended to support the critical care operations of New England Life Flight, Inc., d/b/a Boston MedFlight; provided further, that not less than $500,000 shall be expended for a commercial fisheries workforce development training program in the Cape Cod region to build a career pipeline that supports the commercial fishing industry; provided further, that not less than $1,000,000 shall be expended to the Naismith Basketball Hall of Fame in the city of Springfield to establish a new major exhibit exploring the intersection of basketball and hip-hop music, showcasing its diverse impact on society; provided further, that not less than $12,000,000 shall be expended for construction, renovation and infrastructure improvements to support the imaging innovation initiative for the Marine Biological Laboratory located in Woods Hole section of the town of Falmouth; provided further, that not less than $1,000,000 shall be expended for Greentown Labs in the city of Somerville for operations and diverse entrepreneurship program, operational support and for graduates of the Accel accelerator program for diverse entrepreneurs to join the Greentown incubator as member companies; provided further, that not less than $2,000,000 shall be expended to Roxbury Main Streets to provide relief for license fees, rent and payroll for micro businesses on Blue Hill avenue; provided further, that not less than $300,000 shall be expended to the city known as the town of Agawam for the Walnut street extension and the Ramah circle redevelopment and redesign project; provided further, that not less than $150,000 shall be expended to the Cape Cod Chamber of Commerce and the Cape Cod Commission to support deployment of electric vehicle charging stations at Cape Cod hotels and other accommodation locations by analyzing industry and local trends, creating installation and grant guides, conducting outreach and support activities, and developing a pilot incentive program to complement existing state and utility programs; provided further, that not less than $2,000,000 shall be expended for the Middleton Electric Light Department in the town of Middleton to modernize, upgrade and expand electrical power transmission and distribution infrastructure for the purpose of ensuring an adequate backup system for the town’s municipal and public safety facilities, electric vehicle infrastructure and utility scale solar, battery storage capacity during grid outages; provided further, that not less than $350,000 shall be expended to support New England Public Media's facility through infrastructure improvements and staffing that will serve to create economic opportunities, promote job creation, increase industry innovation and support community engagement; provided further, that not less than $5,000,000 shall be expended to support the replacement and upgrade of the energy and heating system at Beverly Hospital; provided further, that not less than $500,000 shall be expended to the town of Danvers for river resiliency upgrades and expanding pedestrian access to Danversport waterfront and businesses; provided further, that not less than $50,000 shall be expended for the startup of the Framingham Economic Development Corporation established in chapter 283 of the acts of 2022; provided further, that not less than $1,000,000 shall be expended for the pedestrian bridge at Torbert MacDonald state park in the city of Medford; provided further, that not less than $150,000 shall be expended for capital improvements in the town of Wenham to enhance and revitalize the downtown corridor; provided further, that not less than $500,000 shall be expended to the town of North Reading for roadway improvements to Concord street in the town of North Reading; provided further, that not less than $1,000,000 shall be expended to expand and design the state highway route 110 widening project in the town of Westford; provided further, that not less than $3,000,000 shall be expended for the redevelopment of the property located at 12 North Main street in the town of Westford; provided further, that not less than $200,000 shall be expended for equipment, upgrades and other services for a wellness center for the police department of the town of Westford; provided further, that not less than $250,000 shall be expended for improvements to the Cogswell ArtSpace in the city of Haverhill; provided further, that not less than $1,000,000 shall be expended to the city of Somerville to support adult education and English literacy at the Somerville Center for Adult Learning Experiences; provided further, that not less than $1,000,000 shall be expended for renovation and restoration of the Harry G. Uhlman, Jr. Memorial Band Stand in Marine Park in the South Boston section of the city of Boston; provided further, that not less than $5,000,000 shall be expended for businesses with not more than 10 employees or sole proprietorships and annual net profits not exceeding $250,000; provided further, that not less than $1,000,000 shall be expended to the Develop Springfield Corporation to support the adaptive reuse for housing and commercial development for the main and state street development project in the downtown section of the city of Springfield; provided further, that not less than $200,000 shall be expended for lighting and security improvements to the north end bike path in the city of Springfield; provided further, that not less than $500,000 shall be expended for Boston Little Saigon, Inc. to establish and maintain 1975: A Vietnamese Diaspora Memorial in the Dorchester section of the city of Boston in the area known as the Little Saigon district; provided further, that such funds may be expended for commemorative events in 2025 related to the fiftieth anniversary of the end of the Vietnam war; provided further, that not less than $500,000 shall be expended to the town of Sterling for upgrades in downtown Sterling; provided further, that not less than $20,000,000 shall be expended for a grant to the Martin Richard Foundation and the Boys and Girls Clubs of Dorchester, Inc. to support the construction and renovation of the fieldhouse in the Harbor Point neighborhood in the Dorchester section of the city of Boston, a facility utilized for advancing the social, intellectual or physical needs of children and youth; provided further, that the grants may be matched from local and private sources; provided further, that not less than $1,000,000 shall be expended to the Leahy-Holloran Community Center for infrastructure upgrades and maintenance of the pool, locker room and restroom facilities; provided further, that not less than $500,000 shall be expended to the city of Braintree for economic development; provided further, that not less than $1,000,000 shall be expended for Fields Corner Main Streets to develop and maintain a transit-oriented, vibrant and diverse business district; provided further, that not less than $150,000 shall be expended for economic development in the town of Belmont; provided further, that not less than $250,000 shall be expended for economic development in the town of Holbrook; provided further, that not less than $300,000 shall be expended for the Irish Pastoral Center for resources and staffing to provide educational and workforce training to low-income and marginalized residents; provided further, that not less than $250,000 shall be expended for Gallivan boulevard median for greening through tree cover in the Dorchester section of the city of Boston; provided further, that not less than $400,000 shall be expended for Boston Harbor Now, Inc. for an electrified ferry fleet from the Boston Harbor Islands National and State Park area gateways; provided further, that not less than $125,000 shall be expended for the town of West Springfield’s planning department to promote economic development opportunities; provided further, that not less than $1,000,000 shall be expended for costs associated with the Mount Auburn street improvement project in the city of Watertown; provided further, that not less than $500,000 shall be expended for the planning, design, renovation and restoration of the town common and town center in town of Winchester; provided further, that not less than $500,000 shall be expended for the planning, design, renovation and restoration of the Winchester Town Hall; provided further, that not less than $500,000 shall be expended for intersection improvements in the town of Stoneham; provided further, that not less than $500,000 shall be expended for the planning, design, renovation and restoration of Whip Hill in the town of Stoneham; provided further, that not less than $500,000 shall be expended to obtain right-of-way as necessary for reconstruction of the intersection of North Quincy street and Crescent street in the city of Brockton; provided further, that not less than $500,000 shall be expended for Brockton public safety complex; provided further, that not less than $400,000 shall be expended for the monitoring, stabilization or capping of a ground soil PFAS contamination site near the town water wells in the town of Pepperell; provided further, that not less than $500,000 shall be expended for the town of Dunstable for the development of the Dunstable town center trail loop to enhance accessibility and encourage active transportation and recreation; provided further, that not less than $35,000 shall be expended for the town of Harvard for the purchase of a drone to be used by the police and fire departments; provided further, that not less than $500,000 shall be expended for the design and construction of a youth programming facility operated by SPOKE in the Old Colony Redevelopment in the South Boston section of the city of Boston; provided further, that not less than $2,000,000 shall be expended for the design of Ryan Playground in the Charlestown section of the city of Boston; provided further, that not less than $100,000 shall be expended for the Fort Point Arts Community for art and music festivals and performances; provided further, that not less than $500,000 shall be expended for Americans with Disabilities Act compliance at the woodworking shop in the Dennis-Yarmouth Regional High School; provided further, that not less than $500,000 shall be expended for the planning, design or construction of public infrastructure projects in the Commercial Triangle area of the city of Everett; provided further, that not less than $150,000 shall be expended for the improvements to street fronts of businesses in the city of Everett; provided further, that not less than $2,000,000 shall be expended for the redesign of Everett square; provided further, that not less than $200,000 shall be expended for East Somerville Main Streets for the further promotion of East Somerville as a culinary and cultural tourism destination; provided further, that not less than $20,000 shall be expended for the 250th American Revolution anniversary planning and programming jointly by the town of Danvers, Danvers Alarm List Co., Danvers Historical Society and Peabody Historical Society; provided further, that not less than $500,000 shall be expended for the Amherst council on aging facility in the city known as the town of Amherst; provided further, that not less than $5,000,000 shall be expended for the city of Somerville to improve pedestrian access to the East Somerville MBTA Station; provided further, that not less than $5,000,000 shall be expended for the department of conservation and recreation to create a public-private partnership to implement a public marina at the dock located between the Steriti memorial skating rink and the Prince street park on Commercial street in the North End section of the city of Boston; provided further, that not less than $1,000,000 shall be expended to study economic viability and infrastructure along state highway route 99 in the Sullivan Square section of Charlestown section of the city of Boston; provided further, that not less than $2,000,000 shall be expended for PFAS mitigation and remediation in the town of Littleton; provided further, that not less than $5,000,000 shall be expended for the USS Constitution Museum to plan, design and fabricate dynamic interactive exhibits to offer a world-class introduction in a new gateway facility; provided further, that not less than $100,000 shall be expended for the One Bead Project for career readiness programming for school age children in the city of Boston; provided further, that not less than $300,000 shall be expended to the Newton Cultural Alliance for exterior signage and to make improvements to the driveways and parking areas at the Nathaniel Allen House; provided further, that not less than $350,000 shall be expended for the Belmont hockey program; provided further, that not less than $100,000 shall be expended for the Ames Free Library in the town of Easton; provided further, that not less than $75,000 shall be expended for the Newton Cultural Alliance, Inc., Newton Community Pride and New Art Center in Newton, Inc. for the creation of the Washington Street Cultural Coalition to provide research and staffing for the planning of a new cultural district in the city of Newton to stimulate local businesses and cultural events; provided further, that not less than $150,000 shall be expended for the town of Southwick for the design and construction of culvert projects on Tannery road and Vining Hill road; provided further, that not less than $150,000 shall be expended for economic development in the city known as the town of Agawam; provided further, that not less than $150,000 shall be expended for economic development in the town of Southwick; provided further, that not less than $60,000 shall be expended for updating the 2019 Littleton Common revitalization road map; provided further, that not less than $100,000 shall be expended for the Bacon Free Library in the town of Natick; provided further, that not less than $25,000 shall be expended for Amesbury Chamber of Commerce to update their computer systems; provided further, that not less than $100,000 shall be expended for the Greater Lowell Chamber of Commerce to conduct small business training in the city of Lowell and the towns of Billerica, Chelmsford, Dracut, Tewksbury and Tyngsborough; provided further, that not less than $50,000 shall be expended for the Boys and Girls Club of Greater Westfield, Inc.; provided further, that not less than $1,000,000 shall be expended for infrastructure improvements on the site of the former Winthrop middle school on Pauline street in the city of Winthrop; provided further, that not less than $10,000,000 shall be expended for infrastructure and other public improvements to support the redevelopment of the Watertown Square section of the city of Watertown; provided further, that not less than $4,000,000 shall be expended for water system needs in the town of Northfield; provided further, that not less than $4,000,000 shall be expended for a research and education regional simulation lab at the Elaine Marieb College of Nursing at the University of Massachusetts at Amherst; provided further, that not less than $1,000,000 shall be expended for design, engineering, repairs and improvements to the King street bridge in the town of Royalston; provided further, that not less than $1,000,000 shall be expended for capital repairs and improvements to the Academy of Music in the city of Northampton; provided further, that not less than $200,000 shall be expended for capital upgrades and improvements to the Veterans of Foreign Wars parkway in the West Roxbury section of the city of Boston; provided further, that not less than $200,000 shall be expended for capital upgrades and improvements to the West Roxbury parkway in the West Roxbury section of the city of Boston; provided further, that not less than $200,000 shall be expended for capital upgrades and improvements to the Turtle Pond parkway in the Hyde Park section of the city of Boston; provided further, that not less than $200,000 shall be expended for capital upgrades and improvements to the Enneking parkway in the Hyde Park section of the city of Boston; provided further, that not less than $500,000 shall be expended to Habitat for Humanity Greater Boston, Inc. for infrastructure, renovation and development costs at 104 to 108 Walter street, inclusive, in the Roslindale section of the city of Boston; provided further, that not less than $250,000 shall be expended for capital upgrades at the Parkway Community YMCA in the West Roxbury section of the city of Boston; provided further, that not less than $250,000 shall be expended for capital upgrades at the Thomas M. Menino YMCA in the Hyde Park section of the city of Boston; provided further, that not less than $100,000 shall be expended to the town of Norwood for improvements to Morse Hill Veterans park; provided further, that not less than $1,000,000 shall be expended for the Roslindale Gateway Path project located in the Roslindale section of the city of Boston; provided further, that not less than $2,000,000 shall be expended to the city of Boston for the design and renovation of Billings field in the West Roxbury neighborhood of the city of Boston; provided further, that not less than $250,000 shall be expended to the town of Walpole to reopen the East Walpole fire station; provided further, that not less than $2,000,000 shall be expended to the department of conservation and recreation to implement an integrated approach for public access and trails and recreation opportunities to enhance visitor experiences at Havey beach located on the Charles river in the West Roxbury section of the city of Boston; provided further, that not less than $1,000,000 shall be expended for Jacob's Pillow Dance Festival, Inc. in the town of Becket for construction and development costs of a new theater; provided further, that not less than $200,000 shall be expended to the Berkshire Regional Planning Commission for business resiliency and succession planning activities; provided further, that not less than $1,000,000 shall be expended for renovation and improvements at the Berkshire Museum in the city of Pittsfield; provided further, that not less than $250,000 shall be expended to Berkshire Community College for the development and improvement of a workforce training and community education facility; provided further, that not less than $250,000 shall be expended to the Berkshire Historical Society for a feasibility study and acquisition, improvement and renovation costs for a Berkshire history center in the city of Pittsfield; provided further, that not less than $500,000 shall be expended to the town of Walpole to engage the necessary planning consultants to repurpose and redevelop the former Massachusetts Correctional Institution - Cedar Junction in the town of Walpole; provided further, that not less than $250,000 shall be expended to the Hilltown Youth Recovery Theater for a feasibility study, acquisition, improvements and capital costs for outdoor adventure-based educational programming and accessibility upgrades; provided further, that not less than $500,000 shall be expended to the Shaker Ridge Trails collaborative for infrastructure improvements and development of mountain bike trails in the towns of Hancock and Lanesborough; provided further, that not less than $500,000 shall be expended for well water infrastructure improvements in the town of Clarksburg and the city of North Adams for economic sustainability at the state highway route 2 hairpin turn corridor; provided further, that not less than $1,000,000 shall be expended to construct the gateway district sewer extension in the town of Lenox; provided further, that not less than $1,000,000 shall be expended to the city of Pittsfield for improvements, development and reconstruction of the historic Wahconah park; provided further, that not less than $500,000 shall be expended to the Massachusetts Biotechnology Education Foundation, Inc. for equipment, technology and other educational resources to support and expand the Life Sciences Career Hub and its workforce and apprenticeship programs; provided further, that not less than $2,000,000 shall be expended to the Carroll Center for the Blind, Inc. for the renovation of its residential-based independent living and workforce development training facilities; provided further, that not less than $1,000,000 shall be expended to the city of Gloucester for planning and design of wastewater collection and treatment infrastructure projects; provided further, that not less than $500,000 shall be expended to the city of Newburyport for the installation of lights on State street and other economic development projects; provided further, that not less than $500,000 shall be expended to the town of Ipswich for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Newbury for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Salisbury for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Rowley for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Wenham for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Manchester-By-The-Sea for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Topsfield for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Boxford for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Rockport for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Middleton for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Hamilton for economic development projects; provided further, that not less than $500,000 shall be expended to the town of West Newbury for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Essex for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Georgetown for economic development projects; provided further, that not less than $500,000 shall be expended to the town of Groveland for economic development projects; provided further, that not less than $500,000 shall be expended to the town of North Reading for economic development projects; provided further, that not less than $500,000 shall be expended to the town of North Andover for economic development projects; provided further, that not less than $5,000,000 shall be expended to the USS Constitution Museum to plan, design and fabricate dynamic interactive exhibits to offer a world-class introduction in a new gateway facility; provided further, that not less than $2,000,000 shall be expended for a new fire public safety facility in the city of Everett; provided further, that not less than $2,000,000 shall be expended for the planning, design and construction of public infrastructure projects along the state highway route 99 corridor in the city of Everett; provided further, that not less than $5,000,000 shall be expended for infrastructure improvements in the Arlington section of the city of Methuen including, but not limited to, drainage and sewerage, road pavement, engineering costs and business outreach; provided further, that not less than $1,000,000 shall be expended to the city of Lawrence for the Lawrence gateway project brownfield assessment to support planning and redevelopment for mixed use economic development, affordable housing, structured parking solar energy and energy efficiency; provided further, that not less than $1,000,000 shall be expended for the renovation of the O’Connell South Common in the city of Lawrence including, but not limited to, the completion of asbestos abatement, lead paint remediation and brick renovation and concrete masonry in the Vandekerkove bandstand; provided further, that not less than $1,000,000 shall be expended to the town of Bedford for public infrastructure related to the proposed fire station at 139 Great road in the town of Bedford; provided further, that not less than $200,000 shall be expended to conduct a planning study to identify a secondary water source to support future housing and commercial growth in the town of Rutland; provided further, that not less than $1,000,000 shall be expended for improvements to the downtown area in the city of Gardner; provided further, that not less than $50,000 shall be expended for safety improvements at the intersection of Main street and state highway route 56 in the town of Rutland; provided further, that not less than $1,000,000 shall be expended for water and sewer rehabilitation upgrades in the town of Spencer; provided further, that not less than $500,000 shall be expended for upgrades to the pre-kindergarten and kindergarten school building in the town of Phillipston; provided further, that not less than $1,000,000 shall be expended for PFAS mitigation in the town of Princeton; provided further, that not less than $1,000,000 shall be expended for the establishment of a public safety complex in the town of West Brookfield; provided further, that not less than $250,000 shall be expended for the preparation of the demolition plan and RAM plan at the brownfield site in the town of Holden; provided further, that not less than $1,000,000 shall be expended for capital expenditures in the town of Concord for events related to its two hundred and fiftieth anniversary celebration; provided further, that not less than $1,880,000 shall be expended to the city of Agawam for installing a new roofing system at the department of public works annex facility; provided further, that not less than $1,000,000 shall be expended for capital expenditures in the town of Lexington for events related to its two hundred and fiftieth anniversary celebration; provided further, that not less than $90,000 shall be expended to the city of Easthampton to develop the Easthampton Arts Hub; provided further, that not less than $2,700,000 shall be expended to the town of Barnstable for infrastructure improvements and other upgrades at Bismore Park Marina, the Marina at Prince Cove and Barnstable Harbor Marina; provided further, that not less than $2,300,000 shall be expended to the town of Eastham for the implementation and construction of a village center in the North Eastham section of the town of Eastham; provided further, that not less than $100,000 shall be expended to the city of Holyoke to support the Transformative Development Initiative fellow program; provided further, that not less than $5,000,000 shall be expended to the town of Provincetown for engineering, permitting and other costs associated with the construction of a visitors’ center for Stellwagen Bank National Marine Sanctuary; provided further, that not less than $100,000 shall be expended to the city of Holyoke for the purchase of new vehicles; provided further, that not less than $1,200,000 shall be expended to the town of Montgomery for culvert replacement on Main road; provided further, that not less than $100,000 shall be expended to the town of Russell for the planning and development of a new playground; provided further, that not less than $1,000,000 shall be expended to the town of Southampton for construction of a new public safety complex; provided further, that not less than $500,000 shall be expended for capital expenditures in the town of Lincoln for events related to its fiftieth anniversary celebration; provided further, that not less than $500,000 shall be expended to the city of Westfield for infrastructure improvements to Turnpike Industrial road; provided further, that not less than $500,000 shall be expended to the city of Westfield for infrastructure improvements to Westfield Industrial Park road; provided further, that not less than $250,000 shall be expended to the city of Westfield for capital investments in equipment at Westfield Technical Academy; provided further, that not less than $500,000 shall be expended to the Westfield-Barnes Regional Airport for costs associated with designing, developing and constructing a new access taxiway to the southwest quadrant; provided further, that not less than $1,980,000 shall be expended to Westfield State University for the development and construction of a new mental health hub to address workforce shortages in behavioral health, nursing and healthcare in western Massachusetts; provided further, that not less than $1,500,000 shall be expended to the city of West Springfield for building redevelopment on Westfield street to promote economic development; provided further, that not less than $200,000 shall be expended to the city of Attleboro for the wayfinding signage program; provided further, that not less than $500,000 shall be expended for the Berkshire Community Land Trust Farmsteads for Farmers River Run Farm redevelopment project in the town of Great Barrington; provided further, that not less than $500,000 shall be expended to the town of Southwick for inland dredging of Lake Congamond; provided further, that not less than $500,000 shall be expended for the acquisition and development of and improvements to a new facility for Elizabeth Freeman Center, Inc. in the city of Pittsfield; provided further, that not less than $500,000 shall be expended for the Adams Memorial school building revitalization project in the town of Adams; provided further, that not less than $1,000,000 shall be expended to Irish Cultural Centre, Inc. for restoration and improvements at the cultural center facility in the town of Canton; provided further, that not less than $1,000,000 shall be expended for the Millicent Library in the town of Fairhaven for heating, ventilation, and air conditioning system upgrades; provided further, that not less than $100,000 shall be expended for infrastructure improvements that support downtown revitalization in the town of Millbury; provided further, that not less than $1,000,000 shall be expended for infrastructure improvements that support transportation to and from business districts in the town of Auburn; provided further, that not less than $600,000 shall be expended to the town of Pepperell for the repointing of masonry and other restorations to the Lawrence Library; provided further, that not less than $600,000 shall be expended to the town of Tyngsborough for the development of the new department of public works headquarters; provided further, not less than $100,000 shall be expended to the Westborough public schools for the purchase of a wheelchair accessible vehicle for the Bridging Over to Right Opportunities program; provided further, that not less than $1,300,000 shall be expended to the town of Dunstable for the water main replacement project on Main street, Hillcrest street and Lowell street; provided further, that not less than $5,000,000 shall be expended to the Boys & Girls Club of Greater Lowell, Inc. for the repair and renovation of its property at Middlesex street in the city of Lowell to allow for the expansion and creation of programs to provide workforce development training, aid in closing the academic achievement gap and for the creation of permanent new jobs in the city of Lowell; provided further, that not less than $500,000 shall be expended to Martha Eliot Health Center for capital improvements; provided further, that not less than $500,000 shall be expended for repairs and improvements to the One Grafton Common building in the town of Grafton; provided further, that not less than $1,500,000 shall be expended for traffic improvements to Hartford avenue in the towns of Bellingham and Medway; provided further, that not less than $500,000 shall be expended to implement new branding and wayfinding in the city known as the town of Franklin; provided further, that not less than $1,000,000 shall be expended for extending the sidewalk between Pound street and Main street in the town of Medfield; provided further, that not less than $1,000,000 shall be expended to The Dimock Center in the Roxbury section of the city of Boston for capital improvements and expansion of community health center services; provided further, that not less than $2,000,000 shall be expended to the city of Chelsea to fund construction at the Latimer Overlook public open space in the waterfront section of the city of Chelsea; provided further, that not less than $250,000 shall be expended for public safety building upgrades in the town of Berlin; provided further, that not less than $400,000 shall be expended for stormwater and water infrastructure improvements in the town of Sherborn; provided further, that not less than $500,000 shall be expended to the town of Northborough for infrastructure improvements for veterans; provided further, that not less than $1,000,000 shall be expended for business district sidewalk upgrades in the town of West Boylston; provided further, that not less than $1,215,500 shall be expended to the city of Quincy for predredging activities including, but not limited to, mobilization, site preparation, removal and reinstallation of floating docks and piles and demobilization in Quincy bay and beach restoration in the Merrymount section of the city of Quincy; provided further, that not less than $1,784,500 shall be expended to the city of Quincy for economic development projects; provided further, that not less than $1,750,000 shall be expended to the town of Abington for economic development projects; provided further, that not less than $1,750,000 shall be expended to the town of Hanover for economic development projects; provided further, that not less than $1,750,000 shall be expended to the town of Holbrook for economic development projects; provided further, that not less than $1,750,000 shall be expended to the town of Rockland for economic development projects; provided further, that not less than $4,000,000 shall be expended for the construction of a new fire station in the town of Boylston; provided further, that not less than $1,000,000 shall be expended for neighborhood revitalization in the city of Worcester; provided further, that not less than $500,000 shall be expended to Mattapan Community Health Center, Inc. for capital improvements; provided further, that not less than $1,500,000 shall be expended for the renovation of Great Plain avenue in the town of Needham; provided further, that not less than $1,000,000 shall be expended for FORGE to sustain and expand a statewide program which promotes manufacturing and innovation, including climate tech, through the support of hardtech startup manufacturing readiness and local supply chains; provided further, that not less than $1,000,000 shall be expended for the Blackstone Valley Chamber of Commerce, Inc. in the village of Whitinsville in the town of Northbridge for regional economic development initiatives; provided further, that not less than $1,000,000 shall be expended to the town of Monson for construction of a salt shed; provided further, that not less than $1,500,000 shall be expended for the Monson Developmental Center in the town of Monson for economic development projects; provided further, that not less than $2,000,000 shall be expended for economic development opportunities on state highway route 146A in the town of Uxbridge; provided further, that not less than $500,000 shall be expended to the Brimfield Antique Shows LLC in the town of Brimfield for economic development; provided further, that not less than $2,500,000 shall be expended for water, sewer and road improvements to promote economic development opportunities on state highway route 16 in the towns of Mendon and Hopedale; provided further, that not less than $1,000,000 shall be expended for the revitalization project at the former Berkshire Trail elementary school building in the town of Cummington; provided further, that not less than $5,000,000 shall be expended to Massachusetts Bay Community College for the design and construction of the center for cybersecurity education; provided further, that not less than $2,700,000 shall be expended for the renovation of the train depot in the town of Stoughton; provided further, that not less than $150,000 shall be expended to the town of Bridgewater for infrastructure improvements; provided further, that not less than $1,000,000 shall be expended to the Children's Museum in Easton, Inc. to support capital improvement projects and infrastructure upgrades; provided further, that not less than $750,000 shall be expended to replace the ramp and seawall at Milton landing in the town of Milton; provided further, that not less than $100,000 shall be expended to the town of Milton to support infrastructure improvements; provided further, that not less than $100,000 shall be expended for sidewalk installation and repairs in the town of West Bridgewater; provided further, that not less than $100,000 shall be expended to the town of West Bridgewater for the construction of a water treatment plant; provided further, that not less than $100,000 shall be expended to the town of West Bridgewater for the maintenance of athletic fields; provided further, that not less than $525,000 shall be expended to the Turner Free Library in the city known as the town of Randolph to improve accessibility pursuant to the Americans with Disabilities Act; provided further, that not less than $575,000 shall be expended to the Jonathan Belcher House in the city known as the town of Randolph for renovations to support accessibility pursuant to the Americans with Disabilities Act; provided further, that not less than $1,000,000 shall be expended for capital upgrades at the Italian Home for Children located in the Jamaica Plain section of the city of Boston; provided further, that not less than $2,000,000 shall be expended to the city of Chelsea to fund the design, permitting and community engagement efforts in creating resilience to coastal flooding and extreme precipitation along a Critical Urban Freight Corridor on Eastern avenue and Marginal street; provided further, that not less than $250,000 shall be expended to Roslindale Village Main Street, Inc., located in the Roslindale section of the city of Boston for planning and development projects related to economic development; provided further, that not less than $250,000 shall be expended to West Roxbury Main Streets, Inc., located in the West Roxbury section of the city of Boston for planning and development projects related to economic development; provided further, that not less than $250,000 shall be expended to Hyde Park Main Streets, Inc., located in the Hyde Park section of the city of Boston for planning and development projects related to economic development; provided further, that not less than $250,000 shall be expended to Centre/South Main Streets, Inc., located in the Jamaica Plain section of the city of Boston for planning and development projects related to economic development; provided further, that not less than $10,000,000 shall be expended for improvements to the intersection of state highway route 2, Taylor road and Piper road in the town of Acton and the state highway route 2 rotary in the town of Concord; provided further, that not less than $3,000,000 shall be expended to the West Newton Cinema Foundation, Inc. for capital repairs and improvements to support its educational, community and cultural programming; provided further, that not less than $10,000,000 shall be expended for the renovation of and capital improvements to the Bristol county superior courthouse in the city of Taunton; provided further, that not less than $2,000,000 shall be expended to GreenRoots, Inc. in the city of Chelsea for capital projects to promote green space access, environmental programming and climate resiliency; provided further, that not less than $10,000,000 shall be expended to the Massachusetts Department of Transportation for corridor and safety improvements along state highway route 3A and adjacent roadways in the city known as the town of Weymouth and the towns of Hingham, Hull, Cohasset, Scituate, Norwell, Marshfield and Duxbury; provided further, that not less than $1,500,000 shall be expended to the city of Haverhill to support local businesses and entrepreneurship including, but not limited to signage; provided further, that not less than $1,500,000 shall be expended to the city of Lawrence to support local businesses and entrepreneurship through means including, but not limited to, signage; provided further, that not less than $150,000 shall be expended to the Cape Cod Chamber of Commerce and the Cape Cod commission to support the deployment of electric vehicle charging stations in the Cape Cod region by analyzing industry and local trends, creating installation and grant guides, conducting outreach and support activities and developing a pilot incentive program to encourage electric vehicle usage; provided further, that not less than $12,000,000 shall be expended to the Marine Biological Laboratory for construction, renovations and infrastructure improvements to support the Imaging Innovation Initiative in Woods Hole in the town of Falmouth; provided further, that not less than $50,000 shall be expended to the town of Chelmsford for beautification improvements to increase economic development and provide an improved neighborhood streetscape in the Vinal square area; provided further, that not less than $100,000 shall be expended to Plymouth Regional Economic Development Foundation, Inc. for capital and equipment upgrades for commercial shared kitchens and food manufacturers to support local economic development; provided further, that not less than $250,000 shall be expended to the town of Plymouth for costs associated with relieving zoning impediments to additional housing and commercial development; provided further, that not less than $50,000 shall be expended to the city of Easthampton for business and building improvements to promote economic development; provided further, that not less than $1,000,000 shall be expended to the Leicester Water Supply District for capital improvements; provided further, that not less than $500,000 shall be expended to the Greater Gardner Chamber of Commerce for economic development projects within the community; provided further, that not less than $500,000 shall be expended to the Wachusett Area Chamber of Commerce, Inc. for economic development projects within the community; provided further, that not less than $1,000,000 shall be expended to the town of Leicester for the repair and rehabilitation of the former Leicester middle school building to support economic development and the creation of training opportunities; provided further, that not less than $2,000,000 shall be expended for the conversion of certain buildings of the Templeton Developmental Center for use by the environmental police; provided further, that not less than $10,000,000 shall be expended to the economic development and industrial corporation of the city of Lynn for infrastructure improvements on the waterfront; provided further, that not less than $250,000 shall be expended to the city of Holyoke for the Holyoke Redevelopment Authority to pursue local economic projects; provided further, that not less than $500,000 shall be expended to the Malden Senior Center for capital improvements; provided further, that not less than $250,000 shall be expended to the city of Malden for a feasibility study for a teen or intergenerational center; provided further, that not less than $1,000,000 shall be expended to the Edgar P. Benjamin Healthcare Center, Inc. to support the development of a state-of-the-art dialysis treatment center; provided further, that not less than $500,000 shall be expended to Justice For Housing, Inc. for capital improvements to and the expansion of Brie's House to continue to provide safe and stable temporary housing and wraparound stabilization services to formerly incarcerated people; provided further, that not less than $1,000,000 shall be expended for the planning and development of a Cabo Verdean cultural center in the city of Boston; provided further, that not less than $500,000 shall be expended for beach revitalization efforts in the town of Falmouth; provided further, that not less than $150,000 shall be expended for the department of conservation and recreation for an arts and culture installation in section II of Southwest Corridor park at Columbus avenue between Tremont street and Heath street in the city of Boston; provided further, that not less than $10,000,000 shall be expended for necessary and urgent sustainability, accessibility and structural improvements to the Tower Building at the Massachusetts College of Art and Design; provided further, that not less than $1,000,000 shall be expended to CommonWealth Kitchen, Inc. for expansion of its nonprofit food business incubator and urban food manufacturing social enterprise in support of the local food economy; provided further, that not less than $1,000,000 shall be expended to Urban League of Eastern Massachusetts, Inc. in the Roxbury section of the city of Boston for capital improvements, equipment procurement and increased workforce development capacity for the clean energy economy; provided further, that not less than $5,000,000 shall be expended to the Reading senior center for the construction of a new facility; provided further, that not less than $100,000 shall be expended to Talented and Gifted Association, Inc. for the purchase of a bus for the Boston Mobile Desegregation Museum; provided further, that not less than $9,000,000 shall be expended to support mixed used development and the creation of affordable housing in the redevelopment project at Suffolk Downs in the cities of Boston and Revere; provided further, that such funds shall not be expended until the obligations in the cooperation agreement to fund on a dollar-for-dollar basis for the East Boston Housing Stabilization Trust Fund are fulfilled; provided further, that not less than $500,000 shall be expended to the Whittier Street Health Center for capital improvements; provided further, that not less than $3,000,000 shall be expended to the town of Foxborough for the feasibility and design of regional sewer infrastructure along the United States highway Route 1 corridor in the town of Foxborough and nearby municipalities in the region; provided further, that not less than $2,000,000 shall be expended to the town of Mansfield for the construction of a council on aging facility; provided further, that not less than $2,000,000 shall be expended for the dredging of the Ten Mile river in the city known as the town of North Attleborough; provided further, that not less than $300,000 shall be expended to Berkshire Black Economic Council Inc. for the acquisition, development and improvement of a new facility for economic development in the city of Pittsfield; provided further, that not less than $250,000 shall be expended for renovations and improvements to Memorial Hall in the town of Shelburne; provided further, that not less than $900,000 shall be expended for a water transportation vessel for the city known as the town of Winthrop for an express route inner harbor ferry; provided further, that not less than $500,000 shall be expended to the town of Cheshire for renovations, improvements and development of the municipal building at the former Cheshire elementary school; provided further, that not less than $500,000 shall be expended to New North Citizens Council, Inc. for construction costs associated with the Joshua's house program; provided further, that not less than $1,000,000 shall be expended to Develop Springfield Corporation to support the adaptive reuse of residential and commercial space at the intersection of Main street and State street in the city of Springfield; provided further, that not less than $1,000,000 shall be expended to American International College for necessary capital improvements and repairs to Courniotes Hall to support student enrichment and programming, including public health; provided further, that not less than $1,000,000 shall be expended to the city of Chicopee for a water pollution control pump station and combined sewer overflow facility improvements; provided further, that not less than $250,000 shall be expended to the Massachusetts LGBT Chamber of Commerce, Inc. for economic development projects; provided further, that not less than $8,750,000 shall be expended to the Massachusetts Department of Transportation for the construction of a rail spur connecting Joint Base Cape Cod to the Cape Cod Central Railroad; provided further, that not less than $1,500,000 shall be expended to Hockomock Young Men’s Christian Association, Inc. for the design and construction of a food security hub in the town of Plainville to serve the surrounding communities; provided further, that not less than $300,000 shall be expended to Hebron Food Pantry for costs associated with the relocation of the food pantry to 40 Emory street in the city of Attleboro, including necessary upgrades and renovations; provided further, that not less than $150,000 shall be expended to the Massachusetts Bay Transportation Authority for a Fairmount line beautification and restoration project; provided further, that not less than $1,000,000 shall be expended to the North End Housing Initiative, Inc. in the city of Springfield for the planning and development of public affordable housing at Springfield Pharmacy at the intersection of Main street and Waverly street; provided further, that not less than $500,000 shall be expended to the Salvation Army donation center in the city of Springfield for capital improvements to improve accessibility to affordable durable goods and textiles in the community; provided further, that not less than $2,500,000 shall be expended to the Lowell Community Health Center, Inc. for renovations to support the Family Medicine Residency program; provided further, that not less than $1,000,000 shall be expended to the city of Boston to acquire or renovate space for the establishment of a community health center in the Hyde Park section of the city of Boston to expand neighborhood-based health services; provided further, that not less than $840,000 shall be expended to the Zeiterion Performing Arts Center, Inc. for reopening planning and capital support; provided further, that not less than $1,000,000 shall be expended to the Black Economic Council of Massachusetts, Inc. for planning, renovations, improvements, construction, the modernization of facilities, infrastructure, equipment and other capital needs located in Nubian square in the city of Boston to promote economic development in the community; provided further, that not less than $250,000 shall be expended to the Family Health Center of Worcester, Inc. for the creation of a capital master plan, including workforce housing, for the campus at 26 Queen street in the city of Worcester; provided further, that not less than $1,000,000 shall be expended for the rehabilitation and restoration of the Ionic avenue Boys’ Club building located at 2 Ionic avenue in the city of Worcester to transform the space into a community arts center; provided further, that not less than $500,000 shall be expended to Panlyfe Project 333 to address food insecurity in the Mattapan section of the city of Boston; provided further, that not less than $2,000,000 shall be expended to the city of Worcester Redevelopment Authority for urban revitalization plan implementation; provided further, that not less than $500,000 shall be expended to the city of Beverly for a consultant to provide construction phase services on behalf of the city; provided further, that not less than $1,000,000 shall be expended to the city of Beverly for the Brimbal Avenue Phase II infrastructure project; provided further, that not less than $150,000 shall be expended to We Are Better Together Warren Daniel Hairston Project, Inc in the Roxbury section of the city of Boston to support its mission to heal those affected by violence and incarceration and expand its headquarters; provided further, that not less than $1,000,000 shall be expended to the city of Beverly to reconstruct the roadways including, but not limited to, L.P. Henderson road, Sam Fonzo drive and Cherry Hill drive; provided further, that not less than $3,000,000 shall be expended to the town of East Longmeadow for improvements to the intersection of North Main street, Mapleshade avenue and Westwood avenue; provided further, that not less than $3,500,000 shall be expended to the town of Palmer for the replacement and expansion of a sewer siphon at Thorndike street; provided further, that not less than $230,000 shall be expended to the Wilbraham public library in the town of Wilbraham to replace the chiller and update the main floor; provided further, that not less than $500,000 shall be expended to the University of Massachusetts’ Cold Spring Orchard Research and Education Center for building and facilities improvements in the town of Belchertown; provided further, that not less than $300,000 shall be expended to town of Warren to purchase an old train depot to be used for the design of the town common; provided further, that not less than $300,000 shall be expended to the town of South Hadley for reconstruction of Buttery Brook park; provided further, that not less than $100,000 shall be expended to the town of Hampden for the expansion, design and remediation of the fire station; provided further, that not less than $10,000,000 shall be expended on capital improvements to the state pier facility in the city of New Bedford which may include, but shall not be limited to, a multi-use facility for water dependent cargo, commercial fishing improvements, commercial marine transportation improvements, marine educational facilities and fresh produce and fish market space and for planning, design, engineering and construction costs associated with an extension of the commuter rail line in the city of New Bedford to connect passengers with the ongoing mixed-use development of the state pier to access ferry services, the Schooner Ernestina-Morrissey and other uses related to tourism and public recreation connecting the working waterfront to the arts and cultural center in the downtown area of the city of New Bedford; provided further, that said funds shall be in addition to funds authorized pursuant to item 6720-1350 of chapter 286 of the acts of 2014; provided further, that not less than $1,600,000 shall be expended to the town of Ludlow to help revitalize the East street corridor; provided further, that not less than $2,500,000 shall be expended to the city of Danvers for the implementation of the Lebel Grove property’s conceptual design including, but not limited to, passive recreation, outdoor classrooms and event space; provided further, that not less than $1,000,000 shall be expended to the city of Salem for the redevelopment of the Courthouse Complex project in the city of Salem; provided further, that not less than $1,000,000 shall be expended to the city of Salem for the redevelopment of the old town hall; provided further, that not less than $500,000 shall be expended to the city of Salem for the redevelopment of the Peabody street park and South River harbor walk connected to the El Centro project; provided further, that not less than $250,000 shall be expended to the Avon council on aging for improvements to the Memory Cafe to serve senior citizens experiencing dementia; provided further, that not less than $300,000 shall be expended to the Halifax council on aging for technology, computer lab stations and senior wellness equipment for the audio-video room; provided further, that not less than $500,000 shall be expended for structural improvements and renovations to Stetson Hall in the city known as the town of Randolph; provided further, that not less than $500,000 shall be expended to Wildlands Trust, Inc. for infrastructure that supports water quality, wildlife habitat and community activity at D.W. Field park in the city of Brockton; provided further, that not less than $250,000 shall be expended for Downtown Brockton Association, Inc. to establish a business improvement district and implement programs in the downtown area of the city of Brockton; provided further, that not less than $2,000,000 shall be expended for the acquisition and design of sidewalks located on state highway route 58 and state highway route 14 in the town of Whitman; provided further, that not less than $2,000,000 shall be expended for the planning and design of the pedestrian crossing signals at the intersection of state highway route 18 and North Bedford street in the town of East Bridgewater; provided further, that not less than $2,000,000 shall be expended for the acquisition and design costs associated with the reconstruction of the intersection located at state highway route 27, North Quincy street and Massasoit boulevard in the city of Brockton including, but not limited to, assessment and potential resolution to the culvert nearby; provided further, that not less than $2,000,000 shall be expended for the Old Colony Planning Council, in collaboration with the metropolitan area planning council, the Southeastern Regional Planning and Economic Development District and the Cape Cod commission to develop a preliminary plan and design of the Frederick Douglas tunnel program within the regions and the cities of Boston, Brockton and New Bedford and create connectivity to places of public significance and the underground railroad; provided further, that not less than $1,000,000 shall be expended to United South End Settlements for the completion of its facilities improvement project to create additional classroom space and upgrade infrastructure for low-income students in its early childhood education program; provided further, that not less than $500,000 shall be expended to Focus Springfield, Inc. for technology and translation service upgrades; provided further, that not less than $2,000,000 shall be expended to the Springfield Housing Authority for the construction of a joint community laundry facility; provided further, that not less than $1,000,000 shall be expended to Square One 947 Main Corporation to make capital improvements and repairs to community programming facilities; provided further, that not less than $1,000,000 shall be expended to the Boys & Girls Club Family Center, Inc. for the construction and maintenance of facilities; provided further, that not less than $275,000 shall be expended for the roadway reconstruction of North Main street in the town of Belchertown; provided further, that not less than $720,000 shall be expended to the town of Dover for economic development projects; provided further, that not less than $720,000 shall be expended to the town of Milford for economic development projects; provided further, that not less than $720,000 shall be expended to the town of Millis for economic development projects; provided further, that not less than $720,000 shall be expended to the town of Plainville for economic development projects; provided further, that not less than $720,000 shall be expended to the town of Wrentham for economic development projects; provided further, that not less than $195,000 shall be expended to the town of Longmeadow to regrade and improve the Glenbrook field at Glenbrook middle school; provided further, than not less than $1,500,000 shall be expended to the town of Norfolk for educational upgrades and improvements; provided further, that not less than $200,000 shall be expended for the town of Hanson to develop a regional pond management plan; provided further, that not less than $1,500,000 shall be expended to the city of Peabody to offset the costs of the new Peabody public safety facility; provided further, that not less than $200,000 shall be expended to Upham’s Corner Main Street, Incorporated to support infrastructure needs of main street businesses, including improvements to abutting public spaces; provided further, that not less than $200,000 shall be expended to Greater Ashmont Main Street, Inc. to support infrastructure needs of main street businesses, including improvements to abutting public spaces; provided further, that not less than $200,000 shall be expended to Fields Corner Main Street, Inc. to support infrastructure needs of main street businesses, including improvements to abutting public spaces; provided further, that not less than $200,000 shall be expended to Four Corners Main Street, Inc. to support infrastructure needs of main street businesses, including improvements to abutting public spaces; provided further, that not less than $200,000 shall be expended to Chinatown Main Street, Inc. to support infrastructure needs of main street businesses, including improvements to abutting public spaces; provided further, that not less than $200,000 shall be expended to Bowdoin Geneva Main Streets to support infrastructure needs of main street businesses, including improvements to abutting public spaces; provided further, that not less than $1,000,000 shall be expended to the city of Peabody for the site redevelopment of the Rousselot Factory; provided further, that not less than $5,000,000 shall be expended to Worcester Polytechnic Institute to establish an Innovation Hub for Recovery and Regeneration to serve as a focal point in research, workforce development, corporate-university partnerships and entrepreneurial growth in the region; provided further, that not less than $5,000,000 shall be expended for the creation and operation of a cyber range in the city of Worcester pursuant to a partnership between Quinsigamond Community College and Worcester State University; provided further, that not less than $200,000 shall be expended to the Uniquely Abled Academy at the Excel Program at Bridgewater State University for workforce development and educational resources; provided further, that not less than $200,000 shall be expended to the Public Health Association visiting nurses program in the town of Stoughton for capital improvements; provided further, that not less than $500,000 shall be expended to the city known as the town of Braintree for capital improvement projects; provided further, that not less than $500,000 shall be expended to the city known as the town of Bridgewater for capital improvement projects; provided further, that not less than $500,000 shall be expended to the town of Easton for capital improvement projects; provided further, that not less than $500,000 shall be expended to the town of Milton for capital improvement projects; provided further, that not less than $500,000 shall be expended to the city known as the town of Randolph for capital improvement projects; provided further, that not less than $500,000 shall be expended to the town of Stoughton for capital improvement projects; provided further, that not less than $500,000 shall be expended to the town of West Bridgewater for capital improvement projects; provided further, that not less than $2,500,000 shall be expended for capital costs related to the construction of the Louis D. Brown Peace Institute's Center for Healing, Teaching and Learning for families and communities throughout the commonwealth impacted by murder, trauma, grief and loss; provided further, that not less than $2,000,000 shall be expended for South Boston Community Health Center to be matched by the health center and other partners to fund critical renovations and expansion at its main facility to accommodate continued growth in primary care services and to allow for better patient flow to enhance infection control protocols; provided further, that not less than $1,000,000 shall be expended to Inquilinos Boricuas en Acción, Inc. for the construction of La CASA: Center for Arts, Self-determination and Activism, a center for economic mobility programming, youth development, resident services and arts serving low-income families and the conversion of 2 office buildings to 46 units of affordable housing; provided further, that not less than $750,000 shall be expended to the Boston Center for Youth and Families for the planning, design and construction of year-round handball and racquetball courts at the Curley Community Center in the South Boston section of the city of Boston to promote community recreation; provided further, that not less than $750,000 shall be expended to YMCA of Greater Boston, Inc. for the planning, design and construction of the William McGonagle community center in the South Boston section of the city of Boston; provided further, that not less than $500,000 shall be expended to the city of Boston for the first planning, design, acquisition and construction of My Brother’s Keeper Boston’s Opportunity Lab to provide leadership training and support for disadvantaged students; provided further, that not less than $100,000 shall be expended for Snapchef Foundation Inc. for upgrades to and maintenance of their stove and kitchen to continue their culinary training program and community meal preparation; provided further, that not less than $500,000 shall be expended for Work Incorporated for the renovation of a family support center to serve over 500 individuals with disabilities and their families; provided further, that not less than $250,000 shall be expended to The BASE located in the Roxbury section of the city of Boston for the acquisition of headquarters facilities to continue to serve and offer community programming to urban youth; provided further, that not less than $450,000 shall be expended to the GK Fund, Inc. to provide grants to increase access to the startup economy for individuals from historically underrepresented groups in the city of Boston and gateway cities that participate in the Transformative Development Initiative of the Massachusetts Development Finance Agency; provided further, that not less than $500,00 shall be expended to VietAID for improvements of facilities and for support of its community programming; provided further, that not less than $500,000 shall be expended to the Helen Y. Davis Leadership Academy Charter Public School in the Dorchester section of the city of Boston for infrastructure and facility improvements; provided further, that not less than $250,000 shall be expended to Cape Cod Canal Region Foundation, Inc. to promote economic development in the downtown area of the town of Bourne through revitalization and beautification; provided further, that not less than $200,000 shall be expended for the creation of a comprehensive master plan for the town of Shrewsbury; provided further, that not less than $25,000 shall be expended for a redevelopment plan for vacant property in the town of Shrewsbury; provided further, that not less than $75,000 shall be expended for the creation of a corridor study and economic development strategy to promote business development along state highway route 9 in the town of Shrewsbury; provided further, that not less than $1,000,000 shall be expended for the Simonelli Innovation Center at the Hamilton Mills building in the town of Southbridge for district revitalization and community development projects in the historic Globe Village in the town of Southbridge; provided further, that not less than $500,000 shall be expended to the town of Monson for local and public community development projects at Silver Bell Farm; provided further, that not less than $2,500,000 shall be expended to Northern Essex Community College for the establishment of a cleanroom laboratory in the city of Haverhill to act as a shared-use space with Whittier Regional Vocational Technical high school; provided further, that not less than $1,000,000 shall be expended to MassChallenge Inc. for capital support of early-commercialization output programs with an emphasis on applied artificial intelligence; provided further, that not less than $7,000,000 shall be expended to the city of Fall River for economic development and revitalization efforts in the Flint neighborhood and Pleasant street corridor of the city; provided further, that not less than $2,000,000 shall be expended to the town of Westport for the construction and installation of water and sewage lines along the United States highway route 6 corridor; provided further, that not less than $1,000,000 shall be expended to the town of Swansea for the installation of sewage lines; and provided further, that not less than $200,000 shall be expended to the Bacon Free Library in the town of Natick for capital improvements.......................................................................................... $864,517,000
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Office of the Secretary
2000-7076 For capital grants or other financial assistance administered by the executive office of energy and environmental affairs, in consultation with the department of agricultural resources and division of marine fisheries, to promote and support the growth and economic competitiveness of the commonwealth's agricultural, commercial fishing and cranberry-growing sectors; provided, that the executive office shall prioritize applicants for grants or other financial assistance that focus on innovative approaches to enhance environmental benefits, promote climate resiliency and encourage increased economic activity in its respective sector including, but not limited to: (i) capital infrastructure improvements that promote energy efficiency; (ii) the purchase or expanded use of clean and renewable energy technologies; (iii) tools to address barriers to economic growth, including the purchase of energy efficient equipment and technology; (iv) tools and technologies to support practices that promote resilience against the impacts of climate change; (v) tools and technologies to facilitate sustainability and new product development; (vi) acquisition and purchase of innovative commercial fishing gear designed to protect stocks and species of concern; and (vii) capital infrastructure improvements related to developing and strengthening workforce development and training programs; provided further, that grants made pursuant to this item may be awarded to public higher education institutions, vocational technical schools, or community-based organizations to support the economic competitiveness of the commonwealth's agricultural, commercial fishing and cranberry-growing sectors; provided further, that grants or other financial assistance shall be made on a competitive basis and awarded in a manner that promotes geographic equity; and provided further, that grants or other financial assistance awarded in this item shall be distributed equally among the agriculture, commercial fishing and cranberry-growing sectors.......................................................................................... $21,000,000
BOARD OF LIBRARY COMMISSIONERS
7000-9093 For a program of grants to cities and towns for approved public library projects pursuant to sections 19G to 19J, inclusive, of chapter 78 of the General Laws; provided, that grants may be awarded to municipalities submitting applications jointly or through a regional planning agency; provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws; and provided further, that grant recipients may expend funds for alternative energy generation, energy infrastructure projects and other decarbonization projects at public libraries.......................................................................................... $150,000,000
EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
Office of the Secretary
7004-0711 For the Small Properties State Acquisition Funding Pilot program established in item 1599-6084 of section 2A of chapter 268 of the acts of 2022; provided, that said program shall issue soft loans to supplement other acquisition soft loans administered by municipal or other affordable housing acquisition lenders on a rolling basis; provided further, that acquisitions pursuant to this program shall follow the affordability restrictions of said affordable housing acquisition lenders; and provided further, that loans under this program shall be used for the acquisition of: (i) buildings of 1 to 8 units, inclusive, of residential housing for rental or ownership; or (ii) mixed-use buildings for a term of not less than 30 years.......................................................................................... $10,000,000
SECTION 2B.
SECRETARY OF THE COMMONWEALTH
Massachusetts Historical Commission
0526-2013 For a grant program to units of municipal government and to nonprofit organizations for the preservation of historic properties, landscapes and sites; provided, that funds shall be awarded in accordance with regulations promulgated by the chair of the Massachusetts historical commission; and provided further, that grants or other financial assistance in this item shall only be awarded to projects within municipalities that have been deemed in compliance or interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the General Laws.......................................................................................... $8,000,000
SECTION 2C.
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Office of the Secretary
4000-8079 For a program to address the capital needs of nursing facilities throughout the commonwealth; provided, that the executive office of health and human services shall provide, in consultation with the Massachusetts Senior Care Association, Inc., forgivable, low- or no-interest loans to nursing facilities contracted as MassHealth providers to support capital improvements that shall include, but not be limited to: (i) developing nursing facility specialized care units including: (a) infectious disease isolation units; (b) dementia special care units; (c) degenerative neurological units; (d) geriatric psychiatry units; (e) traumatic brain injury units; (f) bariatric units; and (g) behavioral health and substance use disorder units; (ii) addressing urgently needed capital improvements including, but not limited to, heating, ventilation, air conditioning, air filtration system upgrades to help prevent the spread of airborne illnesses, roofing or other infrastructure replacement and repair projects, alternative energy conversion projects and elevator renovations to comply with new state and federal requirements; and (iii) funding innovative projects including, but not limited to, conversion of sections within nursing facilities into affordable housing, veterans housing or assisted living units to better accommodate the individual needs of residents and conversion of multi-bed rooms to single occupancy to enhance privacy; provided further, that loans shall be available to non-profit entities to facilitate the acquisition of nursing facilities incorporated as for-profit entities; provided further, that the executive office, in consultation with the Massachusetts Senior Care Association, Inc., shall establish a methodology for the distribution of funds; and provided further, that not later than March 1, 2025, the executive office shall submit methodology criteria to the house and senate committees on ways and means and the joint committee on elder affairs.......................................................................................... $50,000,000
EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Office of the Secretary
7002-0026 For the Massachusetts Life Sciences Breakthrough Fund established under section 6 of chapter 23I of the General Laws; provided, that not less than $80,000,000 shall be expended for expansion of the Manning College of Nursing & Health Sciences facilities at the University of Massachusetts Boston.......................................................................................... $580,000,000
7002-8077 For the Clean Energy Investment Fund established in section 15 of chapter 23J of the General Laws to promote job creation, economic development and workforce development through capital grants to nonprofit organizations, private entities and governmental entities for the purposes of supporting and stimulating research and development, innovation, manufacturing, commercialization and deployment of climatetech technologies in the commonwealth.......................................................................................... $200,000,000
7002-8078 For the Massachusetts Offshore Wind Industry Investment Trust Fund established in section 9A of chapter 23J of the General Laws to support the offshore wind industry and facilitate economic development activity.......................................................................................... $200,000,000
SECTION 3. Section 204 of chapter 6 of the General Laws is hereby amended by striking out, in lines 4 and 5, the words “president of the Massachusetts growth capital corporation”, as appearing in the 2022 Official Edition, and inserting in place thereof the following words:- executive director of the Massachusetts Development Finance Agency.
SECTION 4. Section 16G of chapter 6A of the General Laws, as amended by section 21 of chapter 7 of the acts of 2023, is hereby further amended by striking out subsections (i) and (j) and inserting in place thereof the following 2 subsections:-
(i) The secretary shall, subject to appropriation, establish within the executive office an office of performance management and oversight to improve the effectiveness of the economic development efforts of the commonwealth. The secretary shall appoint a director of said office who shall have economic development experience in the public or private sector. The director shall establish performance metrics for the public and quasi-public agencies within the executive office or subject to section 56 of chapter 23A, and any regional economic development organization or other private organizations under contract with the commonwealth to perform economic development services, as the secretary shall determine. In developing or revising these performance metrics, the director may from time to time seek out private sector advice and models that can be adapted to the needs of the commonwealth. The secretary shall require each agency or organization reporting to the office to submit an annual plan, including the goals, programs and initiatives for the forthcoming year, and an evaluation of the performance on the goals, programs and initiatives outlined in the preceding year’s plan. Such reports shall be in a form directed by the director and shall incorporate such performance metrics as the director shall establish.
(j) The director shall prepare an annual report on the progress the agencies or organizations reporting to the office are making towards achieving stated goals in their annual plan. The annual report shall be made available to the public not later than December 31 and shall be published on the official website of the commonwealth and shall be forwarded to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on economic development and emerging technologies.
SECTION 5. Said section 16G of said chapter 6A, as so amended, is hereby further amended by striking out subsection (m) and inserting in place thereof the following subsection:-
(m) Every 4 years, the secretary of economic development, in consultation with the secretary of energy and environmental affairs shall prepare a report that evaluates the status of the commercial fishing industry and includes recommendations for appropriate actions to be taken to maintain and revitalize the commercial fishing, shellfish and seafood industry.
In carrying out this requirement, the secretaries may, and are encouraged to, seek the laboratory, technical, education and research skills and facilities of public institutions of higher education.
SECTION 6. Subsection (n) of said section 16G of said chapter 6A, as so amended, is hereby further amended by striking out the second sentence.
SECTION 7. Said section 16G of said chapter 6A is hereby further amended by striking out, in lines 255 to 256, as so appearing, the words “executive office and paid as the fund director shall direct” and inserting in place thereof the following words:- secretary of economic development.
SECTION 8. Said section 16G of said chapter 6A is hereby further amended by striking out, in line 273, as so appearing, the words “The executive office shall submit an annual” and inserting in place thereof the following words:- In years when expenditures are made from the fund, the executive office shall submit a.
SECTION 9. Chapter 7 of the General Laws is hereby amended by striking out section 4I and inserting in place thereof the following section:-
Section 4I. There shall be within the executive office for administration and finance, but not under its supervision or control, a commission to be known as the civil service commission, consisting of 5 members, 1 of whom because of vocation, employment, occupation or affiliation, may be classified as a bona fide representative of labor and 2 of whom shall have prior experience serving as a town administrator, city manager, select board member or city councilor.
Upon the expiration of the term of office of a commissioner of the civil service commission, a successor shall be appointed by the governor for 5 years; provided, however, that if such successor is not appointed within 60 days of the expiration of the term of office of a commissioner, said commissioner shall be deemed to be reappointed to a full term. Not more than 3 of such members of the commission shall be members of the same political party, and, of the members of the commission who are enrolled as members of a political party on the voting list used at the primaries, not more than a majority of such members shall be of the same political party. The governor shall, from time to time, designate 1 of the members as chair. The positions of chair and each other member of the commission shall be classified in accordance with section 45 of chapter 30 and the salaries shall be determined in accordance with section 46C of said chapter 30. The commissioners shall be reimbursed for their travel and other necessary expenses incurred in attending meetings.
Meetings of the commission shall be held at such time and location as it may determine and the commission shall meet upon the request of the personnel administrator. The commission shall in its rules of practice and procedure provide for the conduct of hearings throughout the commonwealth when it would best serve the interested parties.
The commission or any member thereof, or the personnel administrator may require, in connection with the activities authorized by law, any official or employee of the human resources division to give full information and to provide all papers and records relating to any official act performed by them.
SECTION 10. Said chapter 7 is hereby further amended by inserting after section 4S the following section:-
Section 4T. A position shall be established at the manager level under the supervision of the director of diversity and equal opportunity with the responsibility to promote diversity and equal opportunity in civil service employment throughout the commonwealth. The manager of civil service diversity, equity and inclusion shall be responsible for: (i) overseeing initiatives and addressing issues involving diversity, equity and inclusion in public safety employment, with a particular focus on civil service municipalities and municipalities that have left the civil service system; and (ii) providing support to the commission on recruitment, hiring and retention of municipal police officers and firefighters in the commonwealth established by section 78 of chapter 31.
SECTION 11. Section 35FF of chapter 10 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the words “clean energy”, in lines 46, 51, 52, 53, 57, 64, 75, 87, 89, 94, 98, 138, 139, 140, and 141 to 142, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 12. Section 8F of chapter 12 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the figure “$200,000” and inserting in place thereof the following figure:- $500,000.
SECTION 13. Said section 8F of said chapter 12, as so appearing, is hereby further amended by striking out, in line 24, the figure $500,000” and inserting in place thereof the following figure:- $1,000,000.
SECTION 14. Section 14 of chapter 13 of the General Laws, as so appearing, is hereby amended by inserting after the word “twelve”, in line 14, the following words:- and chapter 112A.
SECTION 15. Section 23 of chapter 20 of the General Laws is hereby amended by striking out subsection (b), as so appearing, and inserting in place thereof the following subsection:-
(b)(1) Notwithstanding any general or special law to the contrary, the department of agricultural resources, with the approval of the co-holder, if any, in its sole discretion, may grant to any owner of land subject to an agricultural preservation restriction held by the commonwealth a nonassignable special permit allowing nonagricultural activities to occur on land restricted for agricultural purposes if: (i) the land is being actively utilized for full-time commercial agriculture; (ii) the permit is for a period of not less than 1 year which may, at the discretion of the department, be renewed; (iii) the grant of a special permit will not defeat or derogate from the intent and purposes of retaining the land for agricultural use and preserving the natural agricultural resources of the commonwealth; and (iv) the agricultural preservation restriction owner meets all requirements pertaining to special permits contained in the agricultural preservation restriction agreement form utilized by the commonwealth at the time of application for the special permit. In making the determination, the department shall consider the long-term productivity of the agricultural resource and the sustainability of the farm enterprise.
(2) Notwithstanding paragraph (1), the department may approve a special permit for a trial period of 1 year to evaluate a proposal for nonagricultural activities. If a special permit is issued to a permit holder for a 1-year trial period, the department shall notify the special permit holder not later than 90 days before the end of the 1-year trial period of the department’s decision to renew, revoke or amend the permit. If the department fails to notify the special permit holder of its decision to renew, revoke or amend the special permit, the special permit shall automatically be renewed for a period of 5 years.
SECTION 16. Said section 23 of said chapter 20, as so appearing, is hereby further amended by striking out, in line 98, the words “for a special permit authorized in” and inserting in place thereof the following words:- any owner of land subject to an agricultural preservation restriction aggrieved by a decision of the department relative to a special permit authorized pursuant to.
SECTION 17. Said chapter 20 is hereby further amended by adding the following section:-
Section 33. Notwithstanding any general or special law to the contrary, the secretary of energy and environmental affairs shall establish a program to acquire by purchase, gift, lease, eminent domain or otherwise lands and waters and easements therein to protect and conserve land for the purpose of furthering the mission of the department of the agricultural resources including, but not limited to, retaining land for farming or agriculture as defined by section 1A of chapter 128 and providing affordable and equitable access to agricultural and horticultural lands.
The commissioner of agricultural resources may, from funds appropriated to carry out this section or from funds received from other sources, compensate a landowner for the acquisition by the department of real estate owned by the landowner in such amount as determined by the commissioner to be equitable in consideration of anticipated benefits from such acquisition in accordance with any land acquisition regulations of the department. The commissioner may use department funds to create, replace and maintain appropriate infrastructure and improvements that the department deems consistent with the goals of this section and the department’s mission.
The department may lease, license or otherwise manage these lands as it deems necessary to implement this section and carry out the department’s mission and goals.
Acquisition of land or water under this section shall not guarantee any public access unless otherwise agreed to by the department.
The department may promulgate rules and regulations relative to the rights, privileges and use of lands, waters, real estate interests and associated improvements acquired and maintained under this section.
The department may dispose of any such real estate as permitted under section 5A of chapter 3 with a two thirds vote of the general court or through the sale to a qualified farmer or beginning farmer in conjunction with permanent protection of the real estate interest, including through an agricultural preservation restriction to the commonwealth or other qualified conservation entity.
SECTION 18. Section 4C of chapter 21A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following subsection:-
(l) The ocean management plan shall require an environmental DNA study to determine the nature of the habitat of and usage by the marine life specific to the area and shall examine potential impacts to the ecosystem, including, but not limited to, commercial and recreational fishing.
SECTION 19. Chapter 22 of the General Laws is hereby amended by striking out section 12 and inserting in place thereof the following section:-
Section 12. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Mixed martial arts”, as defined in section 32 of chapter 147.
“Unarmed combative sport”, as defined in said section 32 of said chapter 147.
(b) There shall be within the office of public safety and inspections a commission, to be known as the state athletic commission, consisting of the commissioner of occupational licensure or their designee, and 4 persons to be appointed by the governor, 1 of whom shall have a background in the sport of boxing and 1 of whom shall have a background in the sport of mixed martial arts. Members shall serve for terms of 3 years or until a successor is appointed. The governor shall from time to time designate 1 member as chair. A quorum of 3 members shall be required for the commission to exercise its authority, and an affirmative vote of a majority of the commissioners present at a commission meeting shall be required for all commission actions. The members appointed by the governor may be reimbursed for necessary travel expenses incurred in the performance of their duties.
(c) If a member is absent without justification for 4 consecutive meetings or for more than 50 per cent of the meetings in a single calendar year, the member’s seat on the commission shall be vacant and the governor shall appoint a successor consistent with subsection (b). The commission shall, by rule, define what constitutes excused and unexcused absences.
(d) Each commission member shall serve at the pleasure of the governor.
(e) The commissioner of the division of occupational licensure shall appoint a full-time executive director to assume the role of the commission’s administrative and executive head. The commission may, with the approval of the commissioner, establish qualifications for the executive director, which shall include: (i) minimum years of experience in unarmed combative sports; and (ii) skills and experience in management. The executive director shall devote their full time and attention to the commission’s duties. The executive director shall be responsible for administering to the operation of the commission. The executive director may, subject to the review of the commission and approval of the commissioner of the division of occupational licensure, hire employees, consultants, agents and advisors, including, but not limited to, legal counsel, and shall attend the meetings of the commission. The executive director and any other employee of the commission shall be an employee of the division of occupational licensure.
(f) The commission may deputize 1 or more persons to represent the commission and to be present at a match or exhibition held under sections 32 to 51, inclusive, of chapter 147; provided, however, that such deputies shall be compensated in an amount fixed by the commission, and approved by the commissioner of the division of occupational licensure, for each match or exhibition attended; and provided further, that the commission may, subject to approval of the commissioner of the division of occupational licensure, approve that such deputies be reimbursed for necessary travel expenses incurred in the performance of their duties.
(g) No deputy shall be assigned to regulate an event under the authority or jurisdiction of the commission who has not received formal training on the laws and rules of the commission and related issues within the previous 12 months prior to the scheduled event. The commission may, subject to approval of the commissioner of the division of occupational licensure, reimburse deputies for necessary travel expenses incurred while attending a formal training.
SECTION 20. Subsection (b) of section 3A of chapter 23A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Expansion of an existing facility” and inserting in place thereof the following definition:-
“Expansion project”, the expansion of an existing facility located in the commonwealth that results in a net increase in the number of permanent full-time employees at the expanded facility.
SECTION 21. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by inserting after the definition of “Gateway municipality” the following definition:-
“In-state relocation project”, the relocation of a business from 1 location in the commonwealth to another location in the commonwealth that results in a net increase in the number of permanent full-time employees.
SECTION 22. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of “Municipal project endorsement” and inserting in place thereof the following definition:-
“Municipal project endorsement”, an endorsement of a city council with the approval of the mayor in a city, a select board or a board of selectmen in a town that: (i) finds a proposed project is consistent with the municipality’s economic development objectives; (ii) finds a proposed project has a reasonable chance of increasing or retaining employment opportunities as advanced in the proposal; and (iii) provides a description of the local tax incentive, if any, offered by the municipality in support of the proposed project.
SECTION 23. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by inserting after the definition of “Municipality” the following definition:-
“Out-of-state relocation project”, the relocation of a business and permanent full-time employees from outside the commonwealth to a location within the commonwealth.
SECTION 24. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of “Proportion of compliance” and inserting in place thereof the following definition:-
“Proportion of compliance”, a determination made by the economic assistance coordinating council, established pursuant to section 3B, of a certified project’s compliance with obligations related to capital investment, job creation, job retention or other obligations applicable to the certified project.
SECTION 25. Said subsection (b) of said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of “Replacement of an existing facility” and inserting in place thereof the following definition:-
“Retention project”, a project that enables a controlling business to retain not less than 50 permanent full-time employees at a facility located within a gateway city or in an adjacent city or town that is accessible by public transportation to residents of a gateway city; provided, that without such project, the retained jobs would be relocated outside of the commonwealth.
SECTION 26. Said section 3A of said chapter 23A, as so appearing, is hereby further amended by striking out, in line 113, the words “and approved by the EACC”.
SECTION 27. The first sentence of subsection (a) of section 3B of said chapter 23A, as appearing in section 66 of chapter 7 of the acts of 2023, is hereby amended by striking out the words “who shall serve as co-chairperson”.
SECTION 28. Said section 3B of said chapter 23A, as most recently amended by section 67 of said chapter 7, is hereby further amended by striking out clauses (iii) to (vii), inclusive, and inserting in place thereof the following 4 clauses:-
(iii) authorize municipalities to apply to the United States Foreign Trade Zone Board for the privilege of establishing, operating and maintaining a foreign trade zone in accordance with section 3G;
(iv) assist municipalities in obtaining state and federal resources and assistance for certified projects and other job creation and retention opportunities;
(v) provide appropriate coordination with other state programs, agencies, authorities and public instrumentalities to enable certified projects and other job creation and retention opportunities to be more effectively promoted by the commonwealth; and
(vi) monitor the implementation of the economic development incentive program.
SECTION 29. Subsection (c) of said section 3B of said chapter 23A, as so amended, is hereby further amended by striking out the first 2 sentences and inserting in place thereof the following sentence:- The director of MOBD shall be responsible for administering the EDIP in consultation with the secretary of economic development and the EACC.
SECTION 30. Section 3C of said chapter 23A, as appearing in the 2022 Official Edition, is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
(a) A controlling business may petition the EACC to certify a proposed project by submitting the following to the EACC: (i) a detailed description of the proposed project; (ii) a representation by the controlling business regarding the amount of capital investment to be made, the number of new jobs to be created and the number of existing jobs to be retained; (iii) a representation by the controlling business regarding any other economic benefits or other public benefits expected to result from the construction of the proposed project; and (iv) any other information that the EACC may require by regulation, policy or guidance.
(b)(1) Upon receipt of a completed project proposal, the EACC may certify the proposed project, deny certification of the proposed project or certify the proposed project with conditions. In order to certify a proposed project, with or without conditions, the EACC shall make the following required findings based on the project proposal and any additional investigation that the EACC shall make: (i) the proposed project is located or will be located within the commonwealth; (ii) the proposed project qualifies as an expansion project, in-state relocation project, out-of-state relocation project or retention project; (iii) the controlling business has committed to maintaining new and retained jobs for a period of not less than 3 years after the completion of the proposed project; (iv) the proposed project appears to be economically feasible and the controlling business has the financial and other means to undertake and complete the proposed project; (v) the EDIP tax credits available to the controlling business pursuant to this chapter are a significant factor in its decision to undertake the proposed project; and (vi) the proposed project complies with all applicable statutory requirements and with any other criteria that the EACC may prescribe by regulation, policy or guidance.  
(2) The EACC shall, by regulation, policy or guidance, provide for the contents of an application for project certification, which may include a requirement that the controlling business provide written evidence to support clause (v).
SECTION 31. Subsection (d) of said section 3C of said chapter 23A, as so appearing, is hereby amended by striking out the last sentence.
SECTION 32. Section 3D of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 4 to 5, the words “awarded and the schedule on which those credits may be claimed” and inserting in place thereof the following words:- awarded, the schedule on which those credits may be claimed and the extent to which the credits are refundable.
SECTION 33. Said section 3D of said chapter 23A, as so appearing, is hereby further amended by striking out, in lines 25 to 29, inclusive, the words “and (vii) commitments, if any, made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain women or minority-owned businesses during the construction of the certified project” and inserting in place thereof the following words:- (vii) commitments, if any, made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain women or minority-owned businesses during the construction of the certified project; and (viii) the commitments, if any, set forth in a municipal project endorsement.
SECTION 34. Said section 3D of said chapter 23A, as so appearing, is hereby further amended by striking out, in lines 35 to 37, inclusive, the words “and (iii) limit or restrict the right of the controlling business to carry unused tax credits forward to subsequent tax years” and inserting in place thereof the following words:- (iii) limit or restrict the right of the controlling business to carry unused tax credits forward to subsequent tax years; and (iv) allow all or some portion of the credits to be refundable.
SECTION 35. Said section 3D of said chapter 23A, as so appearing, is hereby further amended by striking out subsection (b).
SECTION 36. Said chapter 23A is hereby further amended by striking out section 3E, as so appearing, and inserting in place thereof the following section:-
Section 3E. (a) Tax increment financing may be offered by a municipality in accordance with section 59 of chapter 40 to the controlling business of a certified project, or to any person or entity undertaking a real estate project or to any person or entity expanding a facility if the municipality finds that there is a strong likelihood that any of the following will occur within the area in question within a specific and reasonably proximate period of time: (i) a significant influx or growth in business activity; (ii) the creation of a significant number of new jobs and not merely a replacement or relocation of current jobs within the commonwealth; or (iii) a private project or investment that contributes significantly to the resiliency of the local economy.
(b)(1) A municipality may offer a special tax assessment to the controlling business of a certified project, to a person or entity undertaking a real estate project or to a person or entity proposing to retain permanent full-time jobs at a facility that otherwise would be at risk of relocating outside of the commonwealth. A special tax assessment shall be set forth in a written agreement between the municipality and the property owner. The agreement shall include, but shall not be limited to, the amount of the tax reduction and the period of time over which such reduction shall be in effect, which shall be for not less than 5 years and not more than 20 years. A special tax assessment approved by the municipality shall provide for a reduction of the real property tax that otherwise would be due. The reduction shall be based upon a percentage reduction in the tax that otherwise would be due on the full assessed value of the affected property. The special tax assessment shall provide for tax reduction at least equal to the following: (i) in the first year, the tax reduction shall be not less than 50 per cent of the tax that would be due based on the full assessed value of the affected property; (ii) in the second and third years, the tax reduction shall be not less than 25 per cent of the tax that would be due based on the full assessed value of the affected property; and (iii) in the fourth and fifth years, the tax reduction shall be not less than 5 per cent of the tax that would be due based on the full assessed value of the affected property. The municipality may at its discretion provide for greater real property tax reductions than those described in clauses (i) to (iii), inclusive.
(2) A municipality may approve special tax assessments if it determines that: (i) the property owner is either: (A) undertaking a project or otherwise making an investment that contributes to economic revitalization of the municipality and significantly increases employment opportunities for residents of the municipality; or (B) retaining permanent full-time employees that otherwise would be relocated to a facility outside of the commonwealth; (ii) the special tax assessment is reasonably necessary to enable the owner’s investment in the project or to retain the jobs that otherwise would be relocated; and (iii) the total amount of local tax foregone is reasonably proportionate to the public benefits resulting from the special tax assessment.
(c) If a municipality offers tax increment financing or special tax assessment to the owner or controlling business of a certified project or to the owner of a facility where a certified project is located, the municipality shall notify the EACC by submitting a fully executed copy of the adopted local incentive agreement and any amendments thereto.
SECTION 37. Section 3F of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “Not later than 2 years after the initial certification of a project by the EACC, and annually thereafter, the” and inserting in place thereof the following word:- The.
SECTION 38. Said section 3F of said chapter 23A, as so appearing, is hereby further amended by striking out, in line 37, the words “with job creation requirements”.
SECTION 39. Said section 3F of said chapter 23A, as so appearing, is hereby further amended by striking out subsections (d) and (e) and inserting in place thereof the following 2 subsections:-
(d) Revocation of a project certification shall take effect on the first day of the tax year in which the material noncompliance occurred, as determined by the EACC, and all EDIP tax credits available to the controlling business shall be rescinded and any claimed tax credits awarded under this chapter shall be recaptured in accordance with subsection (g) of section 6 of chapter 62 and subsection (i) of section 38N of chapter 63.
(e) Notwithstanding any general law to the contrary, if a municipality terminates a local tax incentive agreement, the municipality may recapture the value of the tax not paid by making a special assessment on the owner of the parcel of real property in the tax year that follows the municipality’s decision to terminate the agreement. The assessment, payment and collection of the special assessment shall be governed by procedures provided for the taxation of omitted property pursuant to section 75 of chapter 59 notwithstanding the time period set forth in said chapter 59 for which omitted property assessments may be imposed for each of the fiscal years included in the special assessment.
SECTION 40. Said chapter 23A is hereby further amended by striking out section 3H, as most recently amended by section 70 of chapter 7 of the acts of 2023, and inserting in place thereof the following section:-
Section 3H. (a) There shall be a permit regulatory office within the executive office of economic development. The secretary of economic development shall appoint a person with experience in permitting and business development to serve as the director of the permit regulatory office. The director of the permit regulatory office shall: (i) serve as the state permit ombudsman to new and expanding businesses; (ii) work with other state agencies, but not including divisions of the state secretary’s office, to expedite the process of obtaining state licenses, permits, state certificates, state approvals and other requirements of law; (iii) provide technical assistance to municipalities interested in streamlining local permitting processes; (iv) review and approve or deny municipal priority development site proposals made pursuant to chapter 43D and monitor the development of priority development sites; (v) subject to appropriation, administer and award technical assistance grants pursuant to chapter 43D; and (vi) support the administration of the growth districts initiative as defined in chapter 43E. The permit regulatory office shall consult with the secretary of energy and environmental affairs, the secretary of housing and livable communities and the secretary of transportation prior to approving or denying a proposed priority development site; provided, that for local review procedures the regulatory office shall consult with relevant municipal officials and regional planning agencies responsible for local review procedures.
(b) There shall be a regulatory ombudsman within the permit regulatory office to address regulatory matters of interest to the business community. The regulatory ombudsman shall work in partnership with the state permitting ombudsman to assist businesses in the process of complying with state regulations and other requirements of law that affect businesses. The regulatory ombudsman shall facilitate communication between individual businesses and state agencies and provide periodic training to regulatory personnel in state agencies on how to identify the small business impacts of regulation, how to reduce those impacts and how to expedite and streamline the process or compliance.
(c) The director of the permit regulatory office shall file an annual report with the house and senate committees on ways and means not later than January 1 detailing the activities of the permit regulatory office.
SECTION 41. Said chapter 23A is hereby further amended by inserting after section 3L the following section:-
Section 3M. (a)(1) For the purposes of this section, “office” shall mean the Massachusetts office of business development established in section 1, or any constituent office thereof. 
(2) There is hereby established a pilot program for a live theater tax credit for which a live theater company doing business with a Massachusetts-based theater venue, theater company, theater presenter or producer may be eligible. The credit shall be established to support the expansion of pre-Broadway productions, pre-off-Broadway productions, national tour launches and regional professional theater productions, as those terms are defined in paragraph (1) of subsection (ff) of section 6 of chapter 62 and subsection (a) of section 38QQ of chapter 63, and shall assist in the development of long run show development and growth.
(b)(1) The office, directly or through a constituent office, shall run a competitive grant program to award live theater tax credits. An applicant shall only be awarded a tax credit if they meet the requisite criteria and qualifications for the credit as outlined in this section and subsection (ff) of section 6 of chapter 62 or section 38QQ of chapter 63. The office shall establish criteria for prioritization of credits, which may include anticipated economic impact and other factors at the discretion of the office. The total cumulative value of the credits authorized pursuant to this section and subsection (ff) of section 6 of chapter 62 or section 38QQ of chapter 63 shall not exceed $7,000,000 annually.
(2) An applicant for a live theater tax credit shall properly prepare, sign and submit to the office an application for certification of the theater production. The application shall provide all information and data the office deems necessary for the evaluation and administration of the application, including, but not limited to, any information about the theater production company or its related partners or presenters and a specific Massachusetts live theater or musical production as well as such other information as the office, in its discretion, requires to evaluate and prioritize applications. The eligible theater production budget shall be not less than $100,000. The maximum credit for any production shall not be more than $7,000,000, or a lesser amount as determined by the office.
(3) The office shall review completed applications, determine whether they meet the requisite criteria and qualifications for certification and award tax credits in the office’s sole discretion. If a theater production or presentation is determined to be eligible, the office shall issue a certification of the eligible theater production or presentation to the theater production company, co-producer or presenter and to the commissioner of revenue. The certification shall provide a unique identification number for the production and shall be a statement of conditional eligibility for the production.
(c) Upon completion of an eligible theater production for which a certification has been granted, the applicant shall properly prepare, sign and submit to the office and the department of revenue a cost accounting in connection with the eligible theater production. The cost accounting shall contain a cost report and an accountant’s certification. In computing payroll costs, production and performance expenditures and transportation expenditures for which a credit may be claimed, an eligible theater production shall subtract any state funds, state loans or state guaranteed loans. The office and commissioner of revenue may rely, without independent investigation, upon an accountant’s certification, in the form of an opinion, confirming the accuracy of the information included in the cost report. If the office or the department of revenue receives information that is materially inconsistent with representations made in an application, the office may rescind the certification.
(d) The office, in consultation with the commissioner of revenue, shall promulgate rules and regulations to administer this section.
SECTION 42. Section 56 of said chapter 23A is hereby amended by striking out, in lines 18 and 19, as appearing in the 2022 Official Edition, the words:- , the Massachusetts Growth Capital Corporation.
SECTION 43. Section 62 of said chapter 23A is hereby repealed.
SECTION 44. Said chapter 23A is hereby further amended by striking out section 66, as most recently amended by section 99 of chapter 7 of the acts of 2023, and inserting in place thereof the following 2 sections:-
Section 66. (a) For purposes of this section and section 66A, “rural community” shall mean a municipality with a population density of less than 500 persons per square mile or a population of less than 7,000 persons, in each case as shown in the most recent U.S. decennial census.
(b) There shall be a rural policy advisory commission within, but not subject to the supervision or control of, the executive office of economic development. The mission of the commission shall be to enhance the economic vitality of rural communities and advance the health and well-being of rural residents.
(c) The commission shall consist of the following 15 members: the speaker of the house of representatives, ex officio, or a designee; the president of the senate, ex officio, or a designee; the secretary of economic development, ex officio, or a designee; and 12 persons to be appointed by the governor, 1 of whom shall be from the Berkshire regional planning commission, 1 of whom shall be from the Cape Cod commission, 1 of whom shall be from the central Massachusetts regional planning district commission, 1 of whom shall be from the Franklin regional council of governments, 1 of whom shall be from the Martha’s Vineyard commission, 1 of whom shall be from the Montachusett regional planning commission, 1 of whom shall be from the Nantucket planning & economic development commission and 1 of whom shall be from the Pioneer Valley planning commission. Commission members shall be persons with demonstrated interest and experience in advancing the interests of rural residents.
(d) Members of the commission shall serve a maximum of 3 consecutive 3-year terms. Vacancies in the membership of the commission shall be filled for the balance of the unexpired term. The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it considers necessary. The members of the commission shall receive no compensation for their services but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties. Members shall be considered special state employees for the purposes of chapter 268A.
(e) The commission shall serve as a research body for issues critical to the welfare and vitality of rural communities and shall: (i) study, review and report on the status of rural communities and residents in the commonwealth; (ii) advise the general court and the executive branch of the impact of existing and proposed state laws, policies and regulations on rural communities; (iii) advance legislative and policy solutions that address rural needs; (iv) advocate to ensure that rural communities receive a fair share of state investment; (v) promote collaboration among rural communities to improve efficiency in delivery of services; and (vi) develop and support new leadership in rural communities. The executive office shall, subject to appropriation, provide the commission with adequate office space and any research, analysis or other staff support that the commission reasonably requires.
(f) The commission shall meet on a quarterly basis at the discretion of the chair. Meeting locations shall rotate between the city of Boston, Cape Cod and the Islands region, central Massachusetts and western Massachusetts. Meetings shall be open to the public pursuant to sections 18 to 25, inclusive, of chapter 30A.
(g) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds for any of the purposes of this section. The funds shall be deposited in a separate account with the state treasurer, shall be received by the state treasurer on behalf of the commonwealth and shall be expended by the commission under the law.
(h) The commission shall annually, not later than June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the house of representatives and the senate who shall forward the same to the joint committee on economic development and emerging technologies.
Section 66A. (a) The executive office of economic development shall administer a rural development program to promote economic opportunity and prosperity in rural communities. The program shall provide financial assistance on a competitive basis to municipalities, other public entities, community development corporations, regional planning agencies or non-profit entities for infrastructure projects, downtown improvements and other projects that advance economic and community development, stable housing markets and priorities identified by the rural policy advisory commission established in section 66.
(b) The secretary of economic development shall, through guidelines or regulations, establish an application process and criteria to prioritize the distribution of financial assistance, taking into account the diversity of rural communities. The guidelines or regulations shall allow for joint applications by 2 or more rural communities for a single project serving the municipalities.
(c) The secretary of economic development shall report annually to the house and senate committees on ways and means and the joint committee on community development and small businesses on the activities and status of the program.
SECTION 45. Subsection (a) of section 69 of said chapter 23A, as appearing in the 2022 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- For the purposes of this section, “micro business” shall mean a business entity with: (i) a principal place of business in the commonwealth; (ii) not more than 10 full-time employees; (iii) annual net profit of not more than $250,000; and (iv) annual revenue not to exceed a threshold amount established by the director of the MOBD, provided that such threshold amount shall be not less than $250,000.
SECTION 46. Said section 69 said chapter 23A, as so appearing, is hereby further amended by striking out, in lines 17 and 18, the words “Massachusetts Growth Capital Corporation” and inserting in place thereof the following words:- growth capital division of the Massachusetts Development Finance Agency.
SECTION 47. Said chapter 23A is hereby further amended by adding the following section:-
Section 70. (a) The terms defined in paragraph (zz) of section 6 of chapter 64H shall apply to this section unless the context clearly requires otherwise.
(b) The secretary of the executive office of economic development, in consultation with the commissioner of revenue, shall determine qualifications for qualified data centers, to qualify for a sales and use tax exemption pursuant to paragraph (zz) of section 6 of chapter 64H.
(c) To apply for the sales and use tax exemption pursuant to paragraph (zz) of section 6 of chapter 64H, the owner or operator of a data center shall submit to the secretary of economic development an application on a form prescribed by the commissioner of revenue that shall include:
(i) the name, address and telephone number of the owner or operator;
(ii) the address of the site where the qualified data center is or will be located, including, but not limited to, information sufficient to identify the facility composing the data center, and the expected commercial operations date of each data center building that will be located at the data center facility;
(iii) the anticipated aggregate square feet of the qualified data center for which the sales and use tax exemption is being sought; provided, that in determining whether the facility has the required square footage, the total square footage of the data center facility shall include the space that houses the computer information technology equipment, networking, data processing or data storage, including, but not limited to, servers and routers and the following spaces that support the operation of enterprise information technology equipment including, but not limited to, office space, meeting space, loading dock space and mechanical and other support facilities;
(iv) the anticipated investment associated with the qualified data center for which the sales and use tax exemption is being sought;
(v) the anticipated number of jobs that the data center will create and maintain within 1 year, 5 years and 10 years of operations after certification; and
(vi) an affirmation, signed by an authorized executive representing the owner or operator, that the data center is expected to satisfy the certification requirements in this section as a qualified data center.
(d)(1) Within 60 days after receiving a completed application, the secretary of economic development shall review the application submitted by the owner or operator of a data center and certify the data center as a certified qualified data center if the data center meets all requirements of this section.
(2) The secretary shall issue a written certification that the data center qualifies for the sales and use tax exemption or provide written reasons for its denial and an opportunity for the applicant to cure any deficiencies.
(3) Failure to approve or deny the application within 60 days after the date the owner or operator submits the application to the secretary shall constitute approval of the qualified data center and the secretary shall issue written certification to the owner or operator within 14 days.
(4) The certification shall provide the following information related to each data center:
(i) the effective date of the certification;
(ii) the total square footage of the qualified data center;
(iii) the total amount of land costs, construction costs, refurbishment costs and eligible data center equipment; and
(iv) the beginning and ending dates of the sales and use tax exemption for the first data center building, which shall begin on the effective date of the certification and be valid for qualification period, and for a qualified data center that is comprised of more than 1 data center building, the expected commercial operations dates and expected qualification periods for subsequent data center buildings expected to be located at the qualified data center.
(5) The secretary shall send a copy of the certification to the commissioner of revenue.
(e) The effective date of the certification shall be the date on which the application was submitted to the secretary or a prospective date stated in the application that does not exceed 5 years after the date on which the application was submitted; provided, that the certification shall be valid through the qualification period.
(f) The secretary and commissioner shall review the certification after 10 years.
(g)(1) For the purposes of this section, the term “material noncompliance” shall mean the failure of a qualified data center to substantially achieve the investment requirements and minimum number of jobs pursuant to paragraph (zz) of section 6 of chapter 64H.
(2) The secretary may revoke the certification of a qualified data center after an investigation by the executive office of economic development, in consultation with the department of revenue, and a written determination that the qualified data center is in material noncompliance with this section, paragraph (zz) of section 6 of chapter 64H or the certification.
(3) Revocation shall take effect on the first day of the tax year in which the executive office of economic development determines the qualified data center to be in material noncompliance. The commissioner of revenue shall, as of the effective date of the revocation, disallow any credits, exemptions or other tax benefits allowed by the original certification of tax benefits pursuant to paragraph (zz) of section 6 of chapter 64H.
(h) Each qualified data center shall file a report with the secretary and commissioner prior to the end of the tenth year of the qualification period detailing whether it has met the specific investment requirements pursuant to paragraph (zz) of section 6 of chapter 64H.
(i) The secretary, in consultation with the commissioner of revenue, shall promulgate regulations and shall issue instructions or forms necessary for the implementation of this section.
SECTION 48. Section 16 of chapter 23D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 7 and 8, the words “Massachusetts Growth Capital Corporation” and inserting in place thereof the following words:- Massachusetts Development Finance Agency.
SECTION 49. Section 20 of said chapter 23D is hereby repealed.
SECTION 50. Section 1 of chapter 23G of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the definition of “Bonds” the following definition:-
“Community development corporation” or “CDC”, a community development corporation as defined in section 2 of chapter 40H and certified pursuant to section 2A of said chapter 40H.
SECTION 51. Said section 1 of said chapter 23G, as so appearing, is hereby further amended by striking out the definition of “Massachusetts Health and Educational Facilities Authority” and inserting in place thereof the following 3 definitions:-
“Massachusetts Growth Capital Corporation”, the Massachusetts Growth Capital Corporation established in chapter 40W, the power, functions, assets and liabilities of which have been merged into the Massachusetts Development Finance Agency.
“Massachusetts Health and Educational Facilities Authority”, or “HEFA”, the authority established in section 4 of chapter 614 of the acts of 1968.
“Micro business”, a business entity with: (i) a principal place of business in the commonwealth; (ii) not more than 10 full-time employees; (iii) annual net profit of not more than $250,000; and (iv) annual revenue not to exceed a threshold amount established by the director of the MOBD, provided that such threshold amount shall be not less than $250,000.
SECTION 52. Said section 1 of said chapter 23G, as so appearing, is hereby further amended by inserting after the definition of “Revenues” the following definition:-
“Small business”, a business entity, including its affiliates, that: (i) is independently owned and operated; (ii) has a principal place of business in the commonwealth; and (iii) would be defined as a “small business” under applicable federal law.
SECTION 53. Section 2 of said chapter 23G is hereby amended by striking out subsection (b), as amended by section 126 of chapter 7 of the acts of 2023, and inserting in place thereof the following subsection:-
(b) The agency shall be governed and its corporate powers exercised by a board of directors consisting of the secretary of administration and finance or a designee; the secretary of economic development or a designee, who shall serve as chair; and 13 members to be appointed by the governor, 1 of whom shall be experienced in real estate development, 1 of whom shall be experienced in commercial or industrial credit, 1 of whom shall be experienced in mortgage lending, 1 of whom shall be experienced in banking or investment banking, 1 of whom shall be experienced in planning and the redevelopment of environmentally contaminated lands, 1 of whom shall be a representative of organized labor, 1 of whom shall be experienced in community economic development and employed by a CDC or a representative of the Massachusetts Association of Community Development Corporations, 1 of whom shall be a representative of a community bank in the commonwealth, 1 of whom shall be a representative of an organization of small businesses or manufacturing companies in the commonwealth, 1 of whom shall be experienced in small business financing or restructuring and 1 of whom shall be a small business owner. Each member appointed by the governor shall serve for a term of 3 years; provided, however, that of the initial appointed members, 4 shall serve terms of 2 years and 5 shall serve terms of 3 years. A person appointed to fill a vacancy in the office of a member of the board shall be appointed in a like manner and shall serve for only the unexpired term of such member. A member shall be eligible for reappointment. A member may be removed from their appointment by the governor for cause.
SECTION 54. Said section 2 of said chapter 23G is hereby further amended by striking out, in line 34, as appearing in the 2022 Official Edition, the word “Six” and inserting in place thereof the following word:- Eight.
SECTION 55. Said section 2 of said chapter 23G is hereby further amended by striking out subsection (l), as so appearing, and inserting in place thereof the following 3 subsections:-
(l) The agency shall be the successor to the Massachusetts Growth Capital Corporation, previously established in section 2 of chapter 40W. All real estate, property rights, personal property, funds, moneys, revenues, receipts, contract rights and other intangible assets, equipment and any other ownership, possessory or security interests of any kind whatsoever, or any portion thereof, held by the Massachusetts Growth Capital Corporation including, but not limited to, funds previously appropriated by the commonwealth for the Massachusetts Growth Capital Corporation, shall be deemed for record notice and otherwise, as applicable, to belong to the agency on the same basis and with the same interest as previously held by the Massachusetts Growth Capital Corporation. All obligations and liabilities of said Massachusetts Growth Capital Corporation shall become obligations and liabilities of the Agency. Any resolution taken by or commitment made by the Massachusetts Growth Capital Corporation with respect to any financing, including loans, bond issuances, guarantees and insurance and any other action made by the Massachusetts Growth Capital Corporation shall be a resolution, commitment or action of the agency.
(m) The Massachusetts Growth Capital Corporation shall continue as long as it shall have bonds or insurance or guarantee commitments outstanding and until its existence is terminated by law. Upon the termination of the existence of the agency, all right, title and interest in and to all of its assets and all of its obligations, duties, covenants and agreements shall vest in and be possessed, performed and assumed by the commonwealth.
(n) Any documentary materials or data made or received by any member or employee of the Agency and consisting of, or to the extent that such materials or data consist of, trade secrets or commercial or financial information regarding the operation of any business conducted by an applicant for any form of assistance that the agency is authorized to render or regarding the competitive position of such applicant in a particular field of endeavor, shall not be deemed public records of the agency and shall not be subject to section 10 of chapter 66. Any discussion or consideration of such trade secrets or commercial or financial information may be held by the board in executive sessions but the purpose of any such executive session shall be set forth in the official minutes of the agency, and no business that is not directly related to such purpose shall be transacted nor shall any vote be taken during such executive session.
SECTION 56. Subsection (a) of section 3 of said chapter 23G, as so appearing, is hereby amended by striking out clause (34) and (35) and inserting in place thereof the following 10 clauses:-
(34) to make loans, including working capital and contract based loans, provide guarantees, loan insurance or reinsurance or otherwise provide financing or credit enhancing devices for the operation of companies which have a principal place of business in the commonwealth including, but not limited to, loans to lending institutions under terms and conditions requiring the proceeds of such loans to be used by such lending institutions for the making of loans for the operation of companies;
(35) to contract or enter into agreements, licenses and easements, with municipalities, the federal government, any agency thereof or any other person or entity including, but not limited to, the commonwealth or any public agencies thereof, regional entities and utility companies, to provide utility services including, but not limited to, electricity, gas, cable television, broadband and telephone services and to acquire, construct, maintain and operate any such systems for utility services;
(36) to borrow money by the issuance of debt obligations whether tax exempt or taxable and secure such obligations by the pledge of its revenues or the revenues, mortgages and notes of others; provided, however, that the corporation shall not issue debt obligations pursuant to this clause if the principal amount of those debt obligations, when added to the principal amount of existing debt obligations issued by the corporation under this clause, excluding debt obligations previously refunded or to be refunded by the corporation, would exceed $30,000,000;
(37) to consent, subject to any contract with noteholders or bondholders, whenever it deems necessary or desirable to implement this chapter, to the modification, with respect to rate of interest, time of payment of an installment of principal or interest, or other terms, of a mortgage, mortgage loan, mortgage loan commitment, contract or other agreement to which the agency is a party;
(38) to create, issue, buy and sell stock and other capital participation instruments, hold such stock and capital participation instruments and underwrite the creation of a capital market for these securities;
(39) to provide advisory services, technical assistance and training programs to small businesses as may be necessary or desirable to carry out this chapter;
(40) to create and issue shares that a person, firm or corporation may purchase; provided, however, that each share issued shall be in the form of non-voting common stock with each share having a par value of $10; provided, however, that the total value of the shares issued shall not exceed $25,000,000;
(41) to make loans or grants to, or otherwise finance or invest in, a business to further the purposes of this chapter; provided, however, that such loans or grants may be made to certified community development corporations or other community based nonprofit entities for the purpose of such corporations or entities providing financing to businesses;
(42) to provide loan guarantees to public or private entities for the purpose of causing such entities to provide financing to a business; and
(43) to require, by contract in a financing agreement, or otherwise, specific operational activities, financial actions or management changes, as conditions for the receipt of a loan, financing or investment by the corporation.
SECTION 57. Said subsection (a) of said section 3 of said chapter 23G is hereby further amended by inserting after clause (43), inserted by section 56, the following paragraph:-
No debt obligation issued under clause (36), no stock or capital participation instrument created under clause (38) and no share issued under clause (40) by the agency shall be or become an indebtedness or obligation of the commonwealth and shall be plainly stated on the face of each bond, capital participation instrument, share or other evidence of indebtedness that it does not constitute an indebtedness or obligation of the commonwealth and is payable solely from the revenues or income of the agency.
SECTION 58. Said chapter 23G is hereby further amended by adding the following 2 sections:-
Section 48. (a) There shall be within the agency a growth capital division to provide growth capital and other financial assistance to small businesses.
(b) The agency may participate in projects to provide capital or increase or improve the availability of capital; provided, however, that before such participation, the agency shall find and incorporate in the official records of the corporation that the project is reasonably expected to: (i) support or promote economic development, revitalization or stability; (ii) promote employment opportunities for residents; (iii) promote the creation or retention of jobs; or (iv) support the creation or expansion of a business sector whose success would enhance the economic development of the commonwealth, quality of life of residents or employment opportunities for residents.
The agency shall not participate in a project unless it determines, in writing, that its participation is necessary because without such participation adequate funding for the project would not be available or would be offered on terms that would preclude the success of the project. The agency shall prioritize participation in projects that enhance the quality of life of a target area as defined in section 2 of chapter 40H or enhance the quality of life and promote employment opportunities for low- and moderate-income residents of the commonwealth. If a certified community development corporation requests that the agency participate in a project, the agency shall make a determination of whether the project is likely to provide employment opportunities to or enhance the quality of life of low- and moderate-income residents of the commonwealth, or whether the project supports the creation or expansion of the business sector in the region served by the CDC.
(c) The agency may participate in projects to provide capital or increase or improve the availability of capital available to minority-owned or women-owned contractors. The agency shall not participate in a project unless it determines, in writing, that its participation is necessary because without such participation adequate funding for the project would not be available or would be offered on terms that would preclude the success of the project. The agency shall endeavor to participate in projects each year that promote the equitable growth of minority-owned or women-owned businesses.
(d) The agency may establish or invest in the capital stock of any corporation organized to increase capital available to small businesses or to engage local residents and businesses to work together to undertake programs, projects and activities that develop and improve urban, rural and suburban communities by creating and expanding economic opportunities for low- and moderate-income people. Without limitation, any such corporation may: (i) serve as a financial intermediary between entities undertaking projects and small businesses and public or private sources of capital including, but not limited to, direct lenders, guarantors or grant makers; and (ii) provide financial and managerial consulting services to entities undertaking projects, small businesses and minority-owned or women-owned contractors. Any corporation so organized may accomplish its purposes by means of investing in the equity capital of, making grants to, making loans to or issuing loan guarantees to entities undertaking projects or to small businesses. The agency may have a controlling or a minority interest in such a corporation, as the directors of the agency shall determine; provided, however, that at least 1 director of the agency shall sit on the board of directors of the corporation.
(e) Before making an investment in the equity capital of, making grants to, making loans to or issuing loan guarantees to entities undertaking projects or to small businesses, a corporation established or in which the agency has invested under subsection (d) shall make the following findings:
(i) such action is consistent with the objectives of this section and may reasonably be expected to contribute to the redevelopment and economic well-being of the commonwealth, will create or retain jobs or will assist minority- or women-owned businesses;
(ii) the funds provided by the agency will be used solely in connection with the costs of the project or the operation of the small business;
(iii) the contract for participation in a project requires: (A) adequate reporting of financial data from the small business or project to the corporation; (B) that a business receiving financial products shall participate in financial and managerial consulting services; and (C) an annual or other periodic audit of the books of the project or the small business; and
(iv) the corporation’s participation is necessary to the successful completion of the proposed project or to the success of the small business because funding for the project or small business is unavailable in the traditional capital markets or that credit has been offered on terms that would preclude the success of the project or the small business.
If the agency desires to sell or otherwise dispose of stock received under a contract under this section, the small business or entity undertaking a project, or the small business or entity’s nominee, shall not later than 120 days have the right of first refusal upon the sale and the right to meet a subsequent bona fide offer by a third party. The agency shall not, individually or in combination with a corporation established or invested in by the agency under this section, own more than 49 per cent of the voting stock in a small business. Upon the request of the agency, the commissioner of banks shall examine the books of a corporation established or invested in by the agency under this section, if such examination is a condition of the particular investment, lending, loan guaranty or grant program administered by such corporation.
(f) The agency shall establish a program to support the provision of financial and managerial consulting and technical assistance to eligible companies that receive financial assistance from the commonwealth or any public authorities thereof. Services that may be supported shall include, but not be limited to, procurement of investment capital, management, administration, production, product marketing, assisting business in securing federal contracts and business expansion, renovation and diversification. The program may include: (i) referrals to technical assistance provided without charge to eligible companies by public and private small business support organizations; (ii) financial support to engage private consultants; and (iii) a directory of organizations, experts and consultants available to be engaged to offer financial or managerial consulting services. The agency shall coordinate the program with the United State Small Business Administration, the Massachusetts Small Business Development Center Network and other private for profit and nonprofit providers of consulting and technical assistance to small businesses.
(g) The agency may provide matching grants to fund consulting and technical assistance to small businesses who receive financial assistance from the commonwealth or any of the commonwealth’s public authorities. The grants shall be used by the recipient businesses to pay for mandated small business consulting and technical assistance services. Prior to awarding a grant, the agency shall have determined that the financial or managerial consulting services mandated as a condition of financial support of the small business are not available without charge from an entity participating in the program and that procuring such services creates a hardship and impedes the likelihood of success of a project. Grants awarded pursuant to this subsection shall require a 100 per cent match by the recipient.
(h) The agency may disburse loans and grants to low- and moderate-income entrepreneurs who are forming, operating or expanding micro businesses in the commonwealth, in consultation with the micro business development center established by section 69 of chapter 23A.
Section 49. (a) The agency may establish and administer an economic stabilization program to provide flexible, high-risk financing:
(i) necessary to implement a change of ownership, corporate restructuring or turnaround plan for economically viable but troubled businesses that face the likelihood of a large employment loss in the commonwealth, closure of a plant located in the commonwealth or failure without such a change of ownership, corporate restructuring or turnaround plan; provided, however, that the program shall provide assistance to firms in specific mature industries for the purpose of technological investment or upgrading of management operations in order for the business to maintain future economic stability; and provided further, that the financial participation of the agency shall aim to supplement private financial institutions and public economic development agencies when such institutions are unable to provide all the financing or bear all of the risk necessary to transfer ownership, restructure or turnaround a business where the business might otherwise fail, experience closure of a plant located in the commonwealth or greatly reduce its employment in the commonwealth; and
(ii) in connection with starting up employee-owned businesses or the implementation of employee-ownership projects; provided, however, that the financial participation of the agency shall aim to supplement private financial institutions and public economic development agencies when such institutions are unable to provide all the financing or bear all of the risk necessary to starting up an employee-owned business or implement an employee-ownership project.
(b) Before providing assistance in connection with the purchase of a troubled business pursuant to clause (i) of subsection (a), the agency’s directors shall determine and incorporate in the minutes of a meeting of the directors that the business:
(i) is likely to experience a large loss of employment in the commonwealth, closure of a plant located in the commonwealth or failure without a loan, financing or investment by the agency;
(ii) within a specific mature industry, requires assistance to technological investment or upgrading of management operations for the business to maintain future economic stability;
(iii) or person seeking to purchase the troubled business has taken or shall take such actions as the directors deem necessary to ensure the business has a reasonable chance to continue as a successful business including, but not limited to, changes in its operations, financing or management, and that the actions are included as a condition for financing by the agency in the financing agreement; and
(iv) or person seeking to purchase the troubled business has made diligent efforts to obtain the financing necessary to continue its operations or transfer ownership of the business from private financial institutions and public economic development agencies and such financing is unavailable or has been offered on terms that would prevent the successful continuation or change in ownership of the business.
(c) When providing assistance in connection with starting up an employee-owned business or implementation of an employee-ownership project pursuant to clause (ii) of subsection (a), the directors shall determine and incorporate in the minutes of a meeting of the directors that the business:
(i) or person seeking assistance has taken or shall take such actions as the directors deem necessary to ensure that the employee-owned business or employee-ownership project has a reasonable chance to succeed; and
(ii) except with respect to assistance for pre-feasibility and feasibility studies, has made diligent efforts to obtain the financing necessary to institute or implement the employee-ownership project from private financial institutions and public economic development agencies and such financing is unavailable or has been offered on terms that would prevent the successful institution or implementation of the employee-owned business or employee-ownership project.
(d) The agency shall seek to direct not less than 10 percent of the financing provided by the economic stabilization program to businesses that are employee-owned businesses to meet the purposes of this section.
SECTION 59. Chapter 23I of the General Laws is hereby amended by striking out section 1, as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
Section 1. The general court finds and declares that:
(1) research in the life sciences and regenerative and preventative medicine presents a significant opportunity of yielding fundamental biological knowledge from which may emanate therapies to relieve, on a large scale, human suffering from disease and injury;
(2) the extraordinary biomedical scientists working within institutions of higher education, research institutes, hospitals and life sciences companies can contribute significantly to the welfare of mankind by performing outstanding research in these fields;
(3) promoting the health of residents of the commonwealth is a fundamental purpose of state government;
(4) promoting life sciences research to foster the development of the next generation of health-related innovations, to enhance the competitive position of the commonwealth in this vital sector of the economy and to improve the quality and delivery of health care for the people of the commonwealth is a clear public purpose and governmental function;
(5) public support for, and promotion of, the life sciences will benefit the commonwealth and its residents through improved health status and health outcomes, economic development and contributions to scientific knowledge, and such research will lead to breakthroughs and improvements that might not otherwise be discovered due to the lack of existing market incentives, especially in the area of regenerative and preventative medicine, such as stem cell research;
(6) public support for, and promotion of, life sciences research has the potential to provide cures or new treatments for many debilitating diseases that cause tremendous human suffering and cost the commonwealth millions of dollars each year;
(7) it is imperative for the purposes of the commonwealth’s competitiveness to invest in life sciences research, biotechnology, nanotechnology, bio-security and health-related artificial intelligence to leverage revenues and to encourage cooperation and innovation among public and private institutions involved in life sciences research and related applications;
(8) the purpose of this chapter is to continue the establishment of the Massachusetts Life Sciences Center, to grant that center the power to contract with other entities to receive other funds and to disburse those funds consistent with the purpose of this chapter;
(9) the Massachusetts Life Sciences Center is intended to: (i) promote the best available research in life sciences disciplines through diverse institutions and to build upon existing strengths in the area of biosciences in order to spread the economic benefits across the commonwealth; and (ii) foster improved health care outcomes in the commonwealth and the world; and
(10) the investments of the Massachusetts Life Sciences Center are intended to support future statewide, comprehensive strategies to lead the nation in life sciences-related research, innovations and employment.
SECTION 60. Section 2 of said chapter 23I, as so appearing n, is hereby amended by inserting after the definition of “Equity investment” the following definition:-
“Health equity”, addressing the preventable disproportion and differences in the burden of disease, experienced by populations that have been disadvantaged by their social or economic status, geographic location or environment.
SECTION 61. Said section 2 of said chapter 23I, as so appearing, is hereby further amended by striking out the definition of “Life sciences” and inserting in place thereof the following definition:-
“Life sciences”, advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications, including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical technology, medical devices, nanotechnology, natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA interference, stem cell research and veterinary science.
SECTION 62. Section 3 of said chapter 23I, as amended by section 133 of chapter 7 of the acts of 2023, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b)(1) The center shall be governed and its corporate powers exercised by a board of directors consisting of 9 directors: 1 of whom shall be the secretary of administration and finance or their designee; 1 of whom shall be the secretary of economic development or their designee; 1 of whom shall be the president of the University of Massachusetts or their designee; and 6 of whom shall be appointed by the governor, 1 of whom shall be a chief executive officer of a Massachusetts-based life sciences corporation that is a member of the board of directors of the Massachusetts Biotechnology Council, 1 of whom shall be a researcher involved in the commercialization of biotechnology, pharmaceuticals, medical technology or medical diagnostic products, 1 of whom shall have significant experience in the medical device sector and shall be a member of the Massachusetts Medical Device Industry Council board of directors, 1 of whom shall have significant experience in the health equity subsector of the life sciences sector, 1 of whom shall have significant experience in the digital health subsector of the life sciences sector and 1 of whom shall be a member of the board of the Massachusetts Health and Hospital Association, Inc.
(2) Each appointed member shall serve a term of 5 years; provided, however, that in making initial appointments, the governor shall appoint 1 director to serve for a term of 1 year, 1 director to serve for a term of 2 years, 1 director to serve for a term of 3 years and 1 director to serve for a term of 4 years. The secretary of administration and finance and the secretary of economic development, or their designees, shall serve as co-chairs of the board. Any person appointed to fill a vacancy in the office of an appointed director of the board shall be appointed in a like manner and shall serve for only the unexpired term of such director. Any director shall be eligible for reappointment. Any director may be removed from their appointment by the governor for cause.
SECTION 63. Said section 3 of said chapter 23I is hereby further amended by striking out, in line 38, as appearing in the 2022 Official Edition, the word “Four” and inserting in place thereof the following word:- Six.
SECTION 64. Said section 3 of said chapter 23I is hereby further amended by inserting after the word “center”, in line 71, as so appearing, the following words:- ; provided, however, that the president may, in the president’s discretion, elect to appoint and employ a chief administrative and operational officer.
SECTION 65. Section 4 of said chapter 23I is hereby amended by striking out the word “Investment”, in line 64, as so appearing, and inserting in place thereof the following word:- Breakthrough.
SECTION 66. Subsection (a) of said section 4 of said chapter 23I, as amended by section 134 of chapter 7 of the acts of 2023, is hereby further amended by inserting after clause (23) the following clause:-
(23A) to disburse, appropriate, grant, loan or allocate bond proceeds to institutions of higher education, nonprofit organizations, other public or quasi-public entities in the commonwealth and certified life sciences companies; provided, that eligible grantees shall include private businesses; provided further, that grants shall be awarded and administered consistent with the strategic goals and priorities of the center; provided further, that grants administered for the purchase of equipment to be owned by, leased to or located within the premises of a private business shall be administered in support of a partnership with an institution of higher education or nonprofit corporation with a mission of supporting the life sciences in the commonwealth; provided further, that a private university or business entity shall not be eligible for a grant unless the center determines that a grant to such university or entity will result in a significant public benefit and any private benefit is incidental to a legitimate public purpose; and provided further, that grants shall be administered in a manner that promotes geographic, social, racial and economic equity;.
SECTION 67. Said section 4 of said chapter 23I is hereby further amended by striking out the word “Investment”, in line 159, as appearing in the 2022 Official Edition, and inserting in place thereof the following word:- Breakthrough.
SECTION 68. Said subsection (a) of said section 4 of said chapter 23I, as amended by section 134 of chapter 7 of the acts of 2023, is hereby further amended by striking out clauses (31) and (32) and inserting in place thereof the following 3 clauses:-
(31) to track and report to the general court on federal initiatives that have an impact on life sciences companies doing business in the commonwealth;
(32) to create award programs to acknowledge successful companies, public and private institutions and programs in industry-specific areas, as determined by the center; and
(33) to convene an advisory board as may be necessary in its judgment to carry out the purposes of this chapter.
SECTION 69. Subsection (c) of section 5 of said chapter 23I, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 64, the word “Investment” and inserting in place thereof the following word:- Breakthrough.
SECTION 70. Subsection (d) of said section 5 of said chapter 23I, as so appearing, is hereby amended by striking out, in line 92, the figure “$30,000,000” and inserting in place thereof the following figure:- $40,000,000.
SECTION 71. Subsection (e) of said section 5 of said chapter 23I, as so appearing, is hereby amended by striking out, in line 107, the figure “5” and inserting in place thereof the following figure:- 3.
SECTION 72. Said subsection (e) of said section 5 of said chapter 23I, as so appearing, is hereby further amended by striking out, in line 120, the word “shall” and inserting in place thereof the following word:- may.
SECTION 73. Said chapter 23I is hereby further amended by striking out section 6, as so appearing, and inserting in place thereof the following section:-
Section 6. (a) There shall be established and placed within the center a fund to be known as the Massachusetts Life Sciences Breakthrough Fund to finance the activities of the center. The fund shall be credited with: (i) any appropriations or other money authorized by the general court and specifically designated to be credited thereto; (ii) additional funds subject to the direction and control of the center; (iii) pension funds; (iv) federal grants or loans; (v) royalties or private investment capital which may properly be applied in furtherance of the objectives of the fund; (vi) any proceeds from the sale of qualified investments secured or held by the fund; (vii) fees and charges imposed relative to the making of qualified investments as defined by the center, secured or held by the fund; and (viii) any other money which may be available to the center for the purposes of the fund from any other source. Any funds deposited in the fund shall be available to the center for the purposes described in this section without further appropriation. All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be made available for expenditure in the subsequent fiscal year.
(b) The center shall invest and reinvest the fund and the income thereof only as follows:
(i) making qualified investments pursuant to subsection (c);
(ii) defraying the ordinary and necessary expenses of administration and operation associated with the center; provided, however, that said administrative and operational expenses shall not exceed 15 per cent of the maximum amount authorized to be expended from the fund in a fiscal year;
(iii) investing any funds not required for immediate disbursement in the purchase of such securities as may be lawful investments for fiduciaries in the commonwealth;
(iv) paying binding obligations associated with such qualified investments which shall be secured by the fund as the same become payable; or
(v) paying principal or interest on qualified investments secured by the fund or paying any redemption premium required to be paid when such qualified investments shall be redeemed prior to maturity; provided, however, that money in the fund shall not be withdrawn at any time in such an amount as would reduce the amount of the fund to less than the minimum requirement thereof established by the board, except for the purpose of paying binding obligations associated with qualified investments which shall be secured by the fund as the same become payable.
(c) The fund shall be held and applied by the center, subject to the approval of the board, to make qualified investments, grants, research and other funding and loans designed to advance the following public purposes for the life sciences in the commonwealth:
(i) to stimulate increased financing for the expansion of research and development by leveraging private financing for highly productive state-of-the-art research and development facilities, equipment and instrumentation and by providing financing related thereto, including, but not limited to, financing for the construction or expansion of such new facilities;
(ii) to make targeted investments, including, but not limited to, research funding, proof of concept funding and funding for the development of devices, drugs or therapeutics and to promote manufacturing activities for new or existing advanced technologies and life sciences research; provided, that funding provided for the purchase of equipment to be owned by, leased to or located within the premises of a private businesses shall be made in support of a partnership with an institution of higher education or nonprofit corporation with a mission of supporting the life sciences in the commonwealth; provided further, that a private university or business entity shall not be eligible for funding unless the center determines that such funding will result in a significant public benefit and any private benefit is incidental to a legitimate public purpose; and provided further, that grants shall be awarded in a manner that promotes geographic, social, racial and economic equity;
(iii) to make matching grants to colleges, universities, independent research institutions, nonprofit entities, public instrumentalities, companies and other entities in connection with support from the federal government, industry and other grant-funding sources related to the expansion of research and development and to increase and strengthen economic development, employment opportunities and commercial and industrial sectors in the field of life sciences;
(iv) to provide bridge financing to colleges, universities, independent research institutions, nonprofit entities, public instrumentalities, companies and other entities for the receipt of grants as described in clause (iii) awarded or to be awarded by the federal government, industry or other sources;
(v) to provide fellowships, co-ops, high school internships, for which additional consideration shall be given to minority students at schools where at least 80 per cent of the student population is eligible for free or reduced lunch, college internships, for which additional consideration shall be given to minority students enrolled full-time or part-time at a community college, loans and grants;
(vi) to provide workforce training grants to prepare individuals for life sciences careers;
(vii) to provide funding for development, coordination and marketing of higher education programs; and
(viii) to make qualified grants to certified life sciences companies for site remediation, preparation and ancillary infrastructure improvement projects.
(d) Proceeds of the fund may be used by the center to fund life sciences initiatives, including, but not limited to:
(i) international trade initiatives;
(ii) qualified grants and equity investments to further workforce development and education in the life sciences and to promote a diverse life sciences workforce in the commonwealth;
(iii) activities that facilitate the transfer of technology from the commonwealth’s research institutions to the commonwealth’s life science industries for productive use by such industries and to make targeted investments in proof of concept funding for emerging technologies;
(iv) a program to promote the research and development of plant-made pharmaceuticals and industrial products through field trials, in collaboration with the department of agricultural resources;
(v) initiatives to promote the research, development, adoption and productive application of artificial intelligence within the commonwealth’s life science industries;
(vi) initiatives to promote health equity, including programs that help identify and address preventable disproportion and differences in the burden of disease or opportunities to achieve optimal health, experienced by populations that have been disadvantaged by their social or economic status, geographic location or environment;
(vii) initiatives to promote the efficient collection, storage and sharing of biological samples and health information to assist with research and development of new treatments for disease or otherwise improve patient outcomes;
(viii) initiatives to promote biomanufacturing and supply chain resiliency in the life sciences in the commonwealth;
(ix) initiatives to promote diversity and equity in life sciences entrepreneurship; and
(x) a program to make qualified equity investments in early-stage life sciences companies and enterprises seeking to raise seed capital; provided, however, that qualified equity investments shall not exceed $250,000 in any 1 enterprise; and provided further, that the center shall not make such qualified equity investments unless the investment has been approved by a majority vote of the board, the recipient is a life sciences company certified pursuant to section 5 and the center finds, to the extent possible, that a definite benefit to the commonwealth’s economy may reasonably be expected from the qualified investment. In evaluating a request or application for a qualified equity investment, the center shall consider whether:
(A) the proceeds of the equity investment shall only be used to cover the seed capital needs of the enterprise except as hereinafter authorized;
(B) the enterprise has a reasonable chance of success;
(C) the center’s participation is necessary to the success of the enterprise because funding for the enterprise is unavailable in the traditional capital markets or contingent upon matching funds or because funding has been offered on terms that would substantially hinder the success of the enterprise;
(D) the enterprise has reasonable potential to create a substantial amount of primary employment in the commonwealth;
(E) the enterprise’s principals have made or are prepared to make a substantial financial and time commitment to the enterprise; and
(F) a reasonable effort has been made to find a professional investor to invest in the enterprise and whether such effort was successful.
(e)(1) The center shall not make a qualified investment pursuant to subsection (c) unless:
(i) the investment has been approved by a majority vote of the board;
(ii) the recipient is a certified life sciences company pursuant to section 5 or a project or initiative listed in subsection (d);
(iii) the securities to be purchased shall be qualified securities;
(iv) there shall be a reasonable possibility that the center shall, at a minimum, recoup its initial investment;
(v) binding commitments have been made to the center by the enterprise for adequate reporting of financial data to the center, including, but not limited to, a requirement for an annual or other periodic audit of the books of the enterprise, and for such control on the part of the center as the board shall consider prudent over the management of the enterprise, to protect the investment of the center, including, but not limited to, the board’s right to access financial and other records of the enterprise; and
(vi) the center finds, to the extent possible, that a definite benefit to the commonwealth’s economy may reasonably be expected from the qualified investment; provided, that in evaluating a request or application for funding, the center shall consider the following:
(A) the appropriateness of the project;
(B) whether the project has significant potential to expand employment;
(C) the project’s potential to enhance technological advancements;
(D) the project’s potential to lead to a breakthrough medical treatment for a particular disease or medical condition;
(E) the project’s potential for leveraging additional funding or attracting resources to the commonwealth;
(F) the project’s potential to promote manufacturing in the commonwealth; and
(G) evidence of potential royalty income and contractual means to recapture such income for the purposes of this chapter, as the center considers appropriate;
(vii) to the extent the investment is a capital investment made pursuant to clause (viii) of subsection (c), the investment has been approved by the secretary of administration and finance upon request of the center; provided, however, that said request shall be submitted to the secretary of administration and finance in writing and shall include, but shall not be limited to:
(A) a description of the project or program to be funded;
(B) the economic benefits to the commonwealth which can reasonably be expected from the project or program;
(C) a copy of the proposed contract or other document executing the transaction between the center and the recipient of the funds;
(D) a description of the contractual or other legal remedies available to the center upon non-performance of the contract or other document executing the transaction by the recipient, including, but not limited to, any provisions for restitution or reimbursement of the funds granted, loaned or otherwise invested in or with the recipient; and
(E) any other information as the secretary of administration and finance may determine; and
(viii) the qualified investment conforms with the rules approved by the board.
(2) Rules approved by the board shall set the terms and conditions for investments that shall constitute qualified investments, including, but not limited to, loans, guarantees, loan insurance or reinsurance, equity investments, grants awarded pursuant to clause (iii) of subsection (c), other financing or credit enhancing devices, as established by the center directly or on its own behalf or in conjunction with other public instrumentalities, or private institutions or the federal government. The rules shall provide that qualified investments made pursuant to clauses (i) and (ii) of said subsection (c) shall involve a transaction with the participation of at least 1 at-risk private party; provided, that the rules approved by the board shall establish the terms, procedures, standards and conditions which the center shall employ to identify qualified applications, process applications, make investment determinations, safeguard the fund, advance the objective of increasing employment opportunities, oversee the progress of qualified investments and secure the participation of other public instrumentalities, private institutions or the federal government in qualified investments; and provided further, that the rules shall provide for negotiated intellectual property agreements between the center and a qualified investment recipient which shall include, but shall not be limited to, the terms and conditions by which the fund’s support may be reduced or withdrawn.
(f) The center may solicit investments by private institutions or investors in the activities of the fund and may reach agreements with such private institutions or investors regarding the terms of any such investments, including, but not limited to, the rights of such investors to participate in the income or appropriation of the fund. To further the objective of securing investments by private institutions or investors in the activities of the fund pursuant to the preceding sentence, the center may develop a proposal creating a separate investment entity which shall permit the commingling of the fund’s resources with the maximum participation by such private institutions or investors in a manner consistent with the public purpose of the fund and under the terms and conditions established to protect and preserve the assets of the fund.
(g) Copies of the approved rules, and any modifications, shall be submitted to the clerks of the house of representatives and the senate, who shall forward the same to the house and senate committees on ways and means and the joint committee on economic development and emerging technologies.
(h) Qualified investment transactions made by the center pursuant to this section shall not, except as specified in this chapter, be subject to chapter 175, or any successor thereto, and shall be payable solely from the fund and shall not constitute a debt or pledge of the full faith and credit of the commonwealth, the center or any subdivision of the commonwealth.
(i) The center shall not make expenditures from or a commitment of the assets of the fund, including, but not limited to, the making of qualified investments secured by the fund, if following the making of said qualified investment, the amount of the fund shall be less than the minimum requirement established by the board.
SECTION 74. Subsection (a) of section 7 of said chapter 23I, as so appearing, is hereby amended by adding the following sentence:- The center may, in its discretion, transfer funds from the Massachusetts Life Sciences Breakthrough Fund established in section 6 to the Dr. Craig C. Mello Small Business Equity Investment Fund to advance the purposes of this section.
SECTION 75. Subsection (a) of section 8 of said chapter 23I, as so appearing, is hereby amended by adding the following sentence:- The center may, in its discretion, transfer funds from the Massachusetts Life Sciences Breakthrough Fund established in section 6 to the Dr. Judah Folkman Higher Education Grant Fund to advance the purposes of this section.
SECTION 76. Sections 9, 10 and 12 of said chapter 23I are hereby repealed.
SECTION 77. Section 15 of said chapter 23I, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 18, the words “October 1”, and inserting in place thereof the following words:- December 31.
SECTION 78. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Center” the following definition:-
“Certified climatetech company”, a climatetech company that has been certified by the center for participation in the climatetech industry tax incentive program established in section 16.
SECTION 79. Said section 1 of said chapter 23J, as so appearing, is hereby further amended by inserting after the definition of “Clean energy research” the following 3 definitions:- 
“Climatetech”, clean energy and any other advanced and applied technologies that contribute to the decarbonization of the economy, reduce and mitigate greenhouse gas emissions or mitigate the impacts of climate change through adaptation, resiliency and environmental sustainability. 
“Climatetech company”, a business corporation, partnership, firm, unincorporated association or other entity engaged in research, development, innovation, manufacturing, deployment or commercialization of climatetech technologies in the commonwealth and any affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, 64H or 64I. 
“Climatetech research”, clean energy research and other advanced and applied research in new climatetech technologies.
SECTION 80. Section 2 of said chapter 23J is hereby amended by striking out, in lines 16, 17, 23, 24, 25 and 26, 30, 36, 39, 54, 55, 88 and 89, 90 and 102, as so appearing, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 81. Said section 2 of said chapter 23J is hereby further amended by striking out, in line 32, as so appearing, the word “clean” and inserting in place thereof the following word:- climatetech.
SECTION 82. Section 3 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 14, 37, 72, 87, 90, 92, 109, 112, 113, 131 and 132, 136, 141, 169, 170 and 171, 177 and 179, the words “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 83. Said section 3 of said chapter 23J, as so appearing, is hereby further amended by striking out, in lines 66 and 134, the words “Clean Energy” and inserting in place thereof, in each instance, the following words:- Climatetech.
SECTION 84. Section 5 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 26 and 28, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 85. Section 7 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 2, 3 and 7, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 86. Section 8 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 10, 14, 32 and 34, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 87. Section 9 of said chapter 23J, as so appearing, is hereby amended by inserting after the words “renewable energy”, in lines 24, 26, 28, 29, 31, 32, 36, 41 54, 97, 105 and 134, each time they appear, the following words:- and climatetech.
SECTION 88. Said section 9 of said chapter 23J, as so appearing, is hereby further amended by inserting after the words “clean energy”, in lines 52 and 58, each time they appear, the following words:- and climatetech.
SECTION 89. Subsection (d) of said section 9 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 78 to 86, inclusive, the words “industry; (ii) the use of renewable energy by electricity customers in the commonwealth; (iii) public education and training regarding renewable energy including, but not limited to, promoting programs and investments that lead to pathways toward economic self-sufficiency for low- and moderate-income individuals and communities in the clean energy industry; (iv) product and market development; (v) pilot and demonstration projects and other activities designed to increase the use and affordability of renewable energy” and inserting in place thereof the following words:- and climatetech industry; (ii) the use of renewable energy by electricity customers in the commonwealth; (iii) public education and training regarding renewable energy and climatetech, including, but not limited to, promoting programs and investments that lead to pathways toward economic self-sufficiency for low- and moderate-income individuals and communities in the clean energy and climatetech industry; (iv) product and market development; (v) pilot and demonstration projects and other activities designed to increase the use and affordability of renewable energy and climatetech.
SECTION 90. Said section 9 of said chapter 23J, as so appearing, is hereby further amended by inserting after the word “projects”, in line 123, the following words:- ; provided, that climatetech technologies eligible for assistance shall be consistent with the definition of climatetech as set forth in section 1.
SECTION 91. Section 9A of said chapter 23J, as so appearing, is hereby amended by striking out, in line 84, the word “and”.
SECTION 92. Subsection (b) of said section 9A of said chapter 23J, as so appearing, is hereby amended by striking out clause (12) and inserting in place thereof the following 3 clauses:-
(12) promote jobs, economic and workforce development through capital grants to companies and governmental entities for the purpose of supporting and stimulating research, and development, innovation, manufacturing, commercialization and deployment of offshore wind in the commonwealth;
(13) provide for the necessary and reasonable administrative and personnel costs of the center or of the executive office of energy and environmental affairs related to administering the fund; and
(14) otherwise further the public purposes set forth in this section.
SECTION 93. Section 10 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 3 and 6, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 94. Section 13 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 1, 6, 7, 13, 14 to 15, 17, 18, 20, 23 to 24, 24, 26, 33 to 34, 34, 36 to 37, 42, 44, 49, 56, 64 and 75, the words “clean energy”, each time they appear, and inserting in place thereof, in each instance, the following word:- climatetech.
SECTION 95. Section 15 of said chapter 23J, as so appearing, is hereby amended by striking out, in lines 2 and 71, the words “Clean Energy”, each time they appear, and inserting in place thereof in each instance the following word:- Climatetech.
SECTION 96. Said section 15 of said chapter 23J, as so appearing, is hereby further amended by striking out, in lines 8, 18, 21, 22, 25, 30 to 31, 35 to 36, 38, 40, 42, 44 to 45 and 47, the words “clean energy”, each time they appear, and inserting in place thereof in each instance the following word:- climatetech.
SECTION 97. Said section 15 of said chapter 23J, as so appearing, is hereby further amended by striking out, in line 47, the word “and”.
SECTION 98. Subsection (b) of said section 15 of said chapter 23J, as so appearing, is hereby amended by striking out clause (x) and inserting in place thereof the following 2 clauses:-
(x) promoting jobs, economic and workforce development through capital grants to companies and governmental entities for the purpose of supporting and stimulating research and development, innovation, manufacturing, commercialization and deployment of climatetech technologies in the commonwealth; and
(xi) providing for the necessary and reasonable administrative and personnel costs of the center or of the executive office of energy and environmental affairs related to administering the fund.
SECTION 99. Said chapter 23J is hereby further amended by adding the following section:-
Section 16. (a) There shall be established and placed within the center a climatetech tax incentive program that shall be administered by the center. The purpose of the program shall be to develop and expand climatetech related employment opportunities in the commonwealth and to promote climatetech related economic development in the commonwealth by supporting and stimulating research, development, innovation, manufacturing and deployment in the climatetech sector. A climatetech company certified pursuant to subsection (b) shall be eligible for participation in the program.
(b) The center may, upon a majority vote of the board, certify a climatetech company as eligible upon: (i) the timely receipt, as determined by the center, of a certification proposal supported by independently verifiable information, signed under the pains and penalties of perjury by a person expressly authorized to contract on behalf of the climatetech company and shall include, but shall not be limited to, an estimate of the projected new state revenue the climatetech company expects to generate during the period for which the company seeks certification, together with a plan that shall include, but shall not be limited to: (A) precise goals and objectives, by which the climatetech company proposes to achieve the projected new state revenue; (B) an estimate of the number of permanent full-time employees to be hired or retained; (C) an estimate of the year in which the company expects to hire or retain the employees; (D) an estimate of the projected average salaries of said employees; (E) an estimate of the projected taxable income pursuant to chapter 62 generated by said employees; (F) an estimate of the methods by which the company shall obtain new employees and pursue a diverse workforce; and (G) if applicable, an estimate of the company’s planned capital investment in the commonwealth; and (ii) findings made by the center, based on the certification proposal, documents submitted therewith and any additional investigation by the center that shall be incorporated in its approval, that: (1) the climatetech company is likely to contribute substantially to research, development, innovation, manufacturing, commercialization or deployment of  climatetech  in the commonwealth; (2) the climatetech company has a substantial likelihood of meeting all statutory requirements and any other criteria that the center may prescribe, including, but not limited to, criteria in the following areas: (A) leveraging additional funding or attracting additional resources to the commonwealth; (B) increasing research, development, innovation, manufacturing, commercialization or deployment of climate technologies within the commonwealth; and (C) creating employment in the commonwealth; and (3) the climatetech company has a substantial likelihood of meeting its state revenue, employment growth and applicable capital investment projections, as specified in the certification proposal, over the period for which it receives benefits.
(c)(1) Certification granted pursuant to subsection (b) shall be valid for 5 years starting with the tax year in which certification is granted. Each certified climatetech company shall file an annual report with the center certifying whether it has met the specific targets established in the proposal pursuant to clause (i) of subsection (b) and, if not, detailing its progress towards those targets.
(2) The certification of a climatetech company may be revoked by the center after an investigation by the center and a determination that the climatetech company is in material noncompliance with its certification proposal; provided, however, that the center shall review said certified climatetech company at least annually. Revocation shall take effect on the first day of the tax year in which the center determines the certified climatetech company to be in material noncompliance. The commissioner of revenue shall, as of the effective date of the revocation, disallow any credits allowed by the original certification of tax benefits under this section. The commissioner of revenue shall issue regulations to establish a process to recapture the value of any credits allowed by the certification under this section. For the purposes of this paragraph, “material noncompliance” shall mean the failure of a certified climatetech company to substantially achieve the new state revenue, job growth and capital investment projections set forth in its certification proposal or any other act, omission or misrepresentation by the certified climatetech company that frustrates the public purpose of the climatetech tax incentive program.
(3) Nothing in this subsection shall limit any legal remedies available to the commonwealth against any certified climatetech company.
(d)(1) The center, in consultation with the department of revenue, may annually authorize incentives, including those established in subsections (gg) and (hh) of section 6 of chapter 62, subsection (j) of section 38M of chapter 63, section 38RR of said chapter 63, section 38SS of said chapter 63, section 38TT of said chapter 63, the second paragraph of subsection (c) of section 42B of said chapter 63 and subsection (yy) of section 6 of chapter 64H, that shall not exceed $30,000,000 annually. The center, in consultation with the department of revenue, may limit the incentives to a specific dollar amount or time duration or in any other manner deemed appropriate by the department of revenue; provided, however, that the department of revenue shall only allocate the incentives among certified climatetech companies.
(2) The center, in consultation with the department of revenue, shall provide an estimate to the secretary of administration and finance of the tax cost of extending benefits to a proposed project before certification, as approved by the commissioner of revenue, based on reasonable projections of project activities and costs. Tax incentives shall not be available to a certified climatetech company unless expressly granted by the secretary of administration and finance in writing. 
SECTION 100. Section 18 of chapter 23N of the General Laws, as most recently amended by section 137 of chapter 7 of the acts of 2023, is hereby further amended by striking out subsections (b) and (c) and inserting in place thereof the following subsections:-
(b) The fund shall be administered by the secretary of economic development. Money in the fund shall be competitively granted pursuant to existing workforce development programs that develop and strengthen workforce opportunities for low-income communities or vulnerable youth and young adults in the commonwealth, including providing opportunities and strategies to promote stable employment and wage growth, or competitively granted to eligible recipients described in subsection (c).
(c) Eligible grant recipients shall provide opportunities that: (i) target at risk youth, including resources to empower youth to succeed in the workforce; (ii) provide job skills trainings, including programs offering trainings in multiple languages and areas for development, including education and hands on skills; (iii) promote adult literacy, including strategies to master reading and writing and providing digital formats to increase accessibility; and (iv) provide English language learning programs to promote access to the workforce; provided, however, that as an alternative, eligible grant recipients may provide opportunities that: (A) provide job skills trainings, including education and hands-on skills for individuals with intellectual, developmental or physical disabilities; or (B) facilitate work permits, professional credentialing or other workforce opportunities for non-citizens permanently residing under color of law or otherwise lawfully present in the commonwealth. The secretary of economic development shall establish criteria to evaluate applications for the grant program; provided, that the criteria shall include, but shall not be limited to, at risk populations; provided further, that preference shall be given to eligible grant recipients providing opportunities for individuals who meet at least 2 of the following: (i) is under 30 years of age; (ii) is a victim of violence; (iii) is over 18 years of age and does not have a high school diploma; (iv) has been convicted of a felony; (v) has been unemployed or has had a family income below 250 per cent of the federal poverty level for not less than 6 months; (vi) lives in a census tract where over 20 per cent of the populations fall below the federal poverty line; (vii) is an immigrant, refugee or person of color; or (viii) is an individual with an intellectual, developmental or physical disability.
SECTION 101. Section 29K of said chapter 29, as appearing in the 2022 Official Edition, is hereby amended by adding the following subsection:-
(h) Notwithstanding any general or special law to the contrary, the board of directors of a state authority may meet independently of management or in executive session to discuss matters pertaining to the audit or compensation committees.
SECTION 102. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(g) Notwithstanding section 39M of chapter 30, or any general or special law to the contrary, a governmental body may, in a single procurement in accordance with section 5, procure: (i) broadband internet service; (ii) the design, installation, maintenance and operation of fiber optic cables and other equipment to provide broadband internet service to a public building or buildings; (iii) the design, installation, maintenance and operation of a wireless communication network for a public building or public land; or (iv) any combination of the foregoing. All such fiber optic cables, wireless network equipment and other physical improvements designed, installed, maintained and operated pursuant to such procurement shall be considered supplies.
SECTION 103. Section 1 of chapter 31 of the General Laws is hereby amended by striking out, in lines 4 to 6, inclusive, as so appearing, the words “personnel administrator of the human resources division within the executive office for administration and finance” and inserting in place thereof the following words:- agency head or chief human resources officer of the human resources division within the executive office for administration and finance or a delegated agent.
SECTION 104. Said section 1 of said chapter 31 is hereby further amended by striking out, in lines 18 to 21, inclusive, as so appearing, the words “(e) assuring fair treatment of all applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, age, national origin, sex, marital status, handicap,” and inserting in place thereof the following words:- (e) notwithstanding potential remedies provided by any other laws that prohibit discrimination in employment, assuring fair treatment of all applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, age, national origin, sex, marital status, military status, disability, sexual orientation, gender identity.
SECTION 105. Said section 1 of said chapter 31 is hereby further amended by striking out, in line 44, as so appearing, the words ““Department” or “division”” and inserting in place thereof the following word:- “Division”.
SECTION 106. Said section 1 of said chapter 31, as amended by section 59 of chapter 205 of the acts of 2024, is hereby further amended by inserting after the definition “Departmental unit” the following definition:-
“Disability”, any condition or characteristic, physical or mental, which substantially limits one or more major life activities; or a record of such impairment; or the external manifestations of such impairment.
SECTION 107. Said section 1 of said chapter 31 is hereby further amended by inserting after the word “examination”, in line 71, as appearing in the 2022 Official Edition, the following words:- , where required by the rules of the administrator,.
SECTION 108. Said section 1 of said chapter 31 is hereby further amended by striking out, in line 82 to 85, inclusive, as so appearing, the definition of “Handicap”.
SECTION 109. Said section 1 of said chapter 31 is hereby further amended, by striking out, in lines 94 and 95, as so appearing, the words “six or section twenty-eight” and inserting in place thereof the following words:- 6, 6D or 28.
SECTION 110. Subsection (b) of section 2 of said chapter 31, as so appearing, is hereby amended by striking out the third and fourth paragraphs and inserting in place thereof the following 2 paragraphs:-
The appeal shall be accompanied by such form as the commission may prescribe containing a statement of the allegations that form the basis of the aggrieved person’s appeal with specific reference to the provisions of this chapter or the rules of the administrator or basic merit principles that have been violated, together with an explanation of how the person has been harmed.
Hearings on any appeal pending before the commission may be held before any member thereof, who shall report their findings of fact and recommendations to the commission for its action. Alternatively, the chair of the commission may appoint as hearing officer any other disinterested person who is experienced in adjudication or well-versed in the provisions of this chapter; provided, that upon the conclusion of any such hearing, and consistent with the provisions governing tentative decisions set forth in the Standard Adjudicatory Rules of Practice and Procedure, the assigned hearing officer shall report their findings of fact and recommendations to the commission for its action.
SECTION 111. Said section 2 of said chapter 31, as so appearing, is hereby further amended by inserting after the figure “31A”, in line 49, the following words:- or this chapter.
SECTION 112. Said section 2 of said chapter 31, as so appearing, is hereby further amended by striking out subsections (d) to (g), inclusive, and inserting in place thereof the following 5 subsections:-
(d) To hear and decide appeals concerning performance evaluations or performance audits conducted by the administrator, as provided by this chapter or chapter 31A.
(e) To award reasonable attorneys’ fees and costs up to $25,000 to an appellant who prevails in an appeal brought under this chapter, upon an express finding of either bad faith on the part of the appointing authority or an egregious or willfully repeated violation of this chapter, unless special circumstances would render such an award in full unjust.
(f) To recommend any proposed rule changes to the administrator it feels would be consistent with basic merit principles outlined in this chapter and would be in the public interest.
(g) To adopt such rules of procedure as necessary for the conduct of its proceedings.
(h) To close all or a portion of a hearing or proceeding conducted by the commission pursuant to this chapter, and to make such orders deemed necessary to protect the privacy of a person’s health or other acutely sensitive or confidential information.
SECTION 113. Section 4 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 12 and 13 and 27, the words “in one or more newspapers” and inserting in place thereof the following words:- on the websites of the administrator and the commission.
SECTION 114. Said section 4 of said chapter 31, as so appearing, is hereby further amended by inserting after the word “copy”, in line 23, the following words:- or transmit the entire revised set of rules via electronic media.
SECTION 115. Section 5 of said chapter 31, as so appearing, is hereby amended by striking out, in line 30, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities.
SECTION 116. Said section 5 of said chapter 31, as so appearing, is hereby further amended by striking out, in line 33, the word “handicapped” and inserting in place thereof the following words:- persons with disabilities.
SECTION 117. Section 6 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “twenty-six, forty, forty-seven, fifty-six, and sixty” and inserting in place thereof the following words:- 6D, 26, 40, 47, 56 and 60.
SECTION 118. Section 6A of said chapter 31, as so appearing, is hereby amended by striking out, in line 15, the word “department” and inserting in place thereof the following word:- division.
SECTION 119. Said chapter 31 is hereby further amended by inserting after section 6C the following section:-
Section 6D. Notwithstanding any general or special law to the contrary, the administrator may approve the original appointments of a municipal appointing authority sanctioned by sections 59A, 59B or 59C; provided, that the administrator’s role in facilitating such alternative original appointments shall not serve as the predicate for any claim asserted against the administrator under chapter 151B.
SECTION 120. Section 6D of said chapter 31, as inserted by section 119, is hereby repealed.
SECTION 121. Section 20 of said chapter 31, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “not exceeding ten dollars,”.
SECTION 122. Said section 20 of said chapter 31, as so appearing, is hereby further amended by striking out, in lines 8 to 24, inclusive, the second and third paragraphs.
SECTION 123. The fourth paragraph of section 21 of said chapter 31, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The administrator shall notify the Massachusetts commission against discrimination when it issues a certification with this limitation.
SECTION 124. Said section 21 of said chapter 31, as so appearing, is hereby further amended by adding the following paragraph:-
The administrator may limit eligibility to appear on a certification for an original appointment to persons who are fluent in a specified foreign language commonly spoken among the constituency to be served if the appointing authority requests such limitation in its requisition. For public safety departments that have entered into an agreement with the administrator to facilitate alternative pathway appointments under section 59A, at the end of the hiring cycle as defined by such agreement, any appointment to a municipal public safety position that resulted in the non-selection of another candidate entitled to a preference under section 26 and such other candidate would have been appointed but for the limitation of the special certification requiring foreign language fluency, the appointment shall be deemed by the local appointing authority to be pursuant to sections 59A and 59D if said restriction on the basis of foreign language fluency yielded an appointment of a candidate not entitled to any statutory preference.
SECTION 125. Section 24 of said chapter 31, as so appearing, is hereby amended by inserting after the word “questions”, in lines 3 to 4, the following words:- or training and experience sheet.
SECTION 126. Said section 24 of said chapter 31, as so appearing, is hereby further amended by striking out, in line 14, the words “, within thirty days,” and inserting in place thereof the following words:- shall forthwith.
SECTION 127. Section 25 of said chapter 31, as so appearing, is hereby amended by striking out, in line 21, the words “last examination taken” and inserting in place thereof the following words:- highest examination score achieved.
SECTION 128. Said section 25 of said chapter 31, as so appearing, is hereby further amended by striking out, in line 51, the words “shall nullify an appointment of such person” and inserting in place thereof the following words:- may, in the administrator’s discretion, nullify an appointment of such person; provided, however, that the name of a person who has been certified to an appointing authority for an entry-level position and who is under consideration for appointment shall remain in effect until the hiring process is completed by the appointing authority and any notice of appointment submitted to the administrator.
SECTION 129. Section 27 of said chapter 31, as so appearing, is hereby amended by inserting after the word “accept”, in line 3, the following words:- a promotional.
SECTION 130. Said section 27 of said chapter 31, as so appearing, is hereby further amended by striking out, in line 5, the word “If” and inserting in place there of the following words:- In the case of either an original or promotional vacancy, if.
SECTION 131. The first paragraph of said section 27 of said chapter 31, as so appearing, is hereby further amended by adding the following sentence:- If the administrator or an appointing authority delegated by the administrator, applying the formula for original appointments set out in the rules of the administrator, certifies from an eligible list the names of persons who are qualified and willing to accept an original appointment, the appointing authority, pursuant to the civil service law and rules, may appoint only from among such persons; provided, however, that for each such person, if any, who is bypassed or rejected as not being in compliance with applicable entrance requirements or who withdraws from the application process, the appointing authority may appoint from among a group that includes the next highest-ranked person on the certification; and provided further, that the administrator or an appointing authority delegated by the administrator shall not include the name of any person who has been so bypassed or rejected on any future certification from the same original appointment eligible list unless directed to do so by the commission.
SECTION 132. Said section 27 of said chapter 31, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
If an appointing authority makes an original or promotional appointment from a certification of any qualified person other than the qualified person whose name appears highest, and the person whose name ranks highest on the certification is willing to accept such appointment, the appointing authority shall immediately provide to the person who ranked highest a written statement of the reasons for appointing the person whose name was not highest and such appointment shall be effective only when such statement of reasons has been provided. This written statement shall notify the bypassed individual of their right to appeal to the commission, should the reasons proffered not be deemed by the individual sound and sufficient, within 60 days of issuance of the statement of reasons. In response to a public records request, the appointing authority shall make a copy of such statement available for inspection.
SECTION 133. Section 33 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 5 to 6, the word “department” and inserting in place thereof the following word:- departmental.
SECTION 134. Section 41A of said chapter 31, as so appearing, is hereby amended by striking out, in line 4, the word “chairman” and inserting in place thereof the following word:- chair.
SECTION 135. The first paragraph of section 42 of said chapter 31, as so appearing, is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:- If the commission finds that the appointing authority has failed to follow said requirements and that the rights of said person have been prejudiced thereby, the commission may order the appointing authority to restore said person to employment immediately with or without loss of compensation or other rights.
SECTION 136. The first paragraph of section 43 of said chapter 31, as so appearing, is hereby amended by striking out the first 2 sentences and inserting in place thereof the following 2 sentences:- If a person aggrieved by a decision of an appointing authority made pursuant to section 41 shall, within 10 days after receiving written notice of such decision, appeal in writing to the commission, they shall be given a preliminary hearing before a member of the commission or some other disinterested person designated by the chair of the commission. The preliminary hearing shall occur within 60 days after docketing the appeal and, if required, a full evidentiary hearing shall commence within 180 days after docketing the appeal, unless the parties otherwise agree or a member of the commission determines, as a matter of discretion, that a continuance is necessary.
SECTION 137. The second paragraph of said section 43 of said chapter 31, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- If the commission determines, by a preponderance of the evidence, that there was just cause for an action taken against such person, it shall affirm the action of the appointing authority and deny the appeal; provided, however, that if the commission does not so determine, it shall reverse the action and allow the appeal, in whole or in part, and the person concerned may be returned to their position with or without loss of compensation or other benefits and subject to such other orders as the commission may deem appropriate to restore and protect the rights provided to such person under this chapter; provided, further, that if the preponderance of the evidence establishes that the action was based upon harmful error in the application of the appointing authority’s procedure, an error of law or upon any factor or conduct on the part of the employee not reasonably related to the fitness of the employee to perform in the position, the commission shall allow the appeal, in whole or in part, and the person concerned may be returned to their position with or without loss of compensation or other benefits.
SECTION 138. Section 45 of said chapter 31, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
An aggrieved individual who has prevailed in any appeal brought under this chapter shall be reimbursed by the local appointing authority or, if aggrieved by action or inaction of a state official, by the comptroller of the commonwealth, the following expenditures: (i) the filing fee paid to the commission; (ii) an amount not to exceed $1,500 for attorneys’ fees actually incurred in conjunction with each of the following: (A) an appointing authority hearing; (B) a hearing before the commission; and (C) an action for judicial review pursuant to section 44; and (iii) an amount not to exceed $500 for summons to witnesses and any other expenses actually incurred in such successful appeal. In addition to the amounts stated above, the commission may award such additional reasonable attorneys’ fees and costs up to $25,000 to an appellant who prevails in an appeal brought under this chapter, upon an express finding of either bad faith on the part of the appointing authority or an egregious or willfully repeated violation of this chapter, unless special circumstances would render such additional award unjust.
SECTION 139. Section 47A of said chapter 31, as so appearing, is hereby amended by striking out, in line 50, the word “handicapped” and inserting in place thereof the following word:- disabled.
SECTION 140. Section 48 of said chapter 31 is hereby amended by striking out, in line 38, as so appearing, the word “selectmen” and inserting in place thereof the following words:- select boards.
SECTION 141. Said section 48 of said chapter 31 is hereby further amended by striking out, in line 74, as so appearing, the word “men” and inserting in place thereof the following word:- persons.
SECTION 142. Section 53 of said chapter 31, as so appearing, is hereby amended by striking out, in line 17, the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 143. Section 58 of said chapter 31, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following 3 paragraphs:-
No applicant for examination for original appointment to the police force or fire force of a city or town shall be required, by rule or otherwise, to be a resident of such city or town at the time of filing an application for examination. If any person who has resided in a city or town for 1 year immediately prior to the date of examination for original appointment to the police force or fire force of the city or town has the same standing on the eligible list established as the result of the examination as another person who has not resided in the city or town, the administrator, when certifying names to the appointing authority for the police force or the fire force of the city or town, shall place the name of the person who has so resided ahead of the name of the person who has not so resided; provided, that upon written request of the appointing authority to the administrator, the administrator shall, when certifying names from the eligible list for original appointment to the police force or fire force of a city or town, place the names of all persons who have resided in the city or town for 1 year immediately prior to the date of examination ahead of the name of any person who has not so resided; provided further, that any applicant who earned a high school diploma from a public school located within the geographical confines of the city or town or so resided in the city or town when they received their public high school diploma shall have the same claim to preferential placement on the certification as those persons who have resided in the city or town for 1 year immediately prior to the date of examination.
In the case of a municipality, with a population of less than 75,000 inhabitants, seeking to draw from a regional pool of candidates, the administrator may, upon written request of the hiring authority, when certifying names from the eligible list for original appointment, place the names of all persons who have resided in another municipality within 10 miles of the perimeter of the requisitioning municipality ahead of the name of any person who has not so resided in or adjacent to the requisitioning municipality. In the case of a municipality with a population of more than 75,000 inhabitants, a public safety department appointing authority from that city and its counterpart from any other municipality may jointly petition the administrator to include on the portion of the eligible list of individuals seeking original appointment that are preferred on the basis of residency the names of candidates residing in those specifically-identified municipalities if the city appointing authority is so authorized to petition for expansion of the residency preference by a vote of the legislative body of the hiring municipality. Whenever the residency preference to be applied to eligible lists extends beyond the perimeter of the requisitioning municipality, the administrator shall specify the contours of the preference-eligible geographical zone on the administrator’s website. Thereafter, upon written request of the appointing authority to the administrator, the administrator shall, when certifying names from an eligible list for original appointment to the police or fire force of the municipality, place the names of all persons who satisfy the published criteria for residency preference ahead of the name of any person who does not satisfy the criteria.
Notwithstanding any general or special law to the contrary, any person who receives an appointment to the police force or fire force of a city or town shall within 9 months after appointment establish residence within such city or town or at any other place in the commonwealth that is within 10 miles of the perimeter of such city or town; provided, however, that a city or town may increase the 10-mile residency limit under a collective bargaining agreement negotiated under chapter 150E.
SECTION 144. Section 59 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “section sixty and by sections thirty-six and thirty-six A of chapter forty-eight” and inserting in place thereof the following words:- sections 59A and 60 and by sections 36 and 36A of chapter 48.
SECTION 145. Said section 59 of said chapter 31, as so appearing, is hereby further amended by striking out, in lines 12 and 14, the word “four”, both times it appears, and inserting in place thereof, in each instance, the following figure:- 2.
SECTION 146. Said section 59 of said chapter 31, as so appearing, is hereby further amended by striking out, in line 18, the words “one year after certification” and inserting in place thereof the following words:- 1 year after appointment and performance of the job duties.
SECTION 147. Said chapter 31 is hereby further amended by inserting after section 59 the following 4 sections:-
Section 59A. (a) Notwithstanding any general or special law to the contrary, the administrator may authorize an appointing authority to create its own registers of entry-level municipal police and firefighter candidates after the appointing authority has entered into a written agreement with the administrator to adhere in the hiring process to basic merit principles and to commit to recruiting and considering candidates of diverse backgrounds, and upon submission of an anti-nepotism, anti-patronage and anti-favoritism policy acceptable to the administrator.
(b) An appointing authority that has entered into a written agreement with the administrator pursuant to subsection (a) may designate candidates to appear on a local public safety register from which candidates may be considered for original appointment to permanent police officer or firefighter. Sections 26 and 27 shall not apply to candidates designated by the appointing authority to be considered from the local public safety register.
(c) A candidate may be appointed as a permanent police officer from a local public safety register without having first passed the entry examination required by section 6 if they meet the minimum educational attainment and age requirements for appointment set forth in the second paragraph of section 58 and the health and physical fitness standards set forth in section 61A, and also satisfy 1 of the following conditions: (i) future successful completion of a prescribed course of study at a police academy approved by the municipal police training committee pursuant to section 96B of chapter 41; (ii) receipt of a passing mark, within the past 5 years, on: (A) a civil service examination for police officer administered by the administrator; (B) a qualifying examination administered by the appointing authority that has been validated by a test-development expert and that tests the knowledge, skills and abilities to perform the primary or dominant duties of the position; or (C) any other examination approved by the administrator in consultation with individuals deemed to be subject matter experts in the policing profession; (iii) current service in the commonwealth as a salaried police officer certified by the peace officer standards and training commission; (iv) graduation within the past 5 years from a police academy approved by the municipal police training committee; or (v) receipt of a waiver from the municipal police training committee excusing the named candidate from further academy training.
(d) No individual appointed as a police officer may perform the duties of a sworn police officer prior to completion of the prescribed course of study approved by the municipal police training committee pursuant to section 96B of chapter 41 or receipt of a waiver of such training requirement from the committee.
(e) A candidate may be appointed from a local public safety register as a permanent firefighter without having first passed the entry examination required by section 6 if they meet the minimum educational attainment and age requirements for appointment set forth in the second paragraph of section 58 and the health and physical fitness standards set forth in section 61A and satisfy 1 of the following conditions: (i) prior or proximately anticipated graduation from a fire academy, or anticipated completion within the next 12 months of another prescribed course of study culminating in certification, approved by the Massachusetts fire training council pursuant to section 165 of chapter 6; (ii) receipt of a passing mark, within the past 5 years, on: (A) a civil service examination for firefighter administered by the administrator; (B) a qualifying examination administered by the appointing authority that has been validated by a test-development expert and that tests the knowledge, skills and abilities to perform the primary or dominant duties of the position; or (C) any other examination approved by the administrator in consultation with individuals deemed to be subject matter experts in the firefighting profession; or (iii) current service, for a minimum of 6 months, in the commonwealth as a salaried firefighter; or (iv) past service as a salaried firefighter in another jurisdiction together with certification acceptable to the Massachusetts fire training council.
(f) In all cases, whether involving either police or fire position candidacies under this section, no appointment shall be deemed effective for civil service purposes until notification of the appointment to the administrator in a manner prescribed by the administrator. Nothing in this section regarding the appointment of candidates from a local public safety register shall be construed to apply to any municipal public safety personnel ranked above the entry-level position of police officer or firefighter.
(g) Upon investigation and substantiation by the commission of allegations that an appointing authority has violated material terms of the written agreement entered into with the administrator, the commission, in consultation with the administrator, may order modifications, suspension or termination of the agreement.
Section 59B. (a) Notwithstanding any general or special law to the contrary, the administrator may authorize an appointing authority to establish an entry-level police cadet program leading to civil service tenure. The cadet program shall be established by the appointing authority, in accordance with basic merit principles and section 21A of chapter 147, except that a person appointed as a police cadet shall not be required to reside in the municipality making the appointment and may be of any age once the person’s eighteenth birthday has transpired. Cadet program requirements shall be approved by both the administrator and an authorized designee of the municipal police training committee established in section 116 of chapter 6. A cadet shall not be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction be made from their compensation for the purpose thereof, but a cadet who satisfies all prerequisites for appointment to the police force of a city or town, and is appointed as a permanent full-time police officer, shall have their police cadet service considered as creditable service for purposes of retirement; provided, that the person pays into the annuity savings fund of the retirement system such amount as the retirement board determines equal to that which they would have paid had they been a member of the retirement system during the period of training as a police cadet.
(b) A cadet may be appointed to fill a vacancy in a position in the lowest grade of a municipal police force through a cadet appointment without certification from an eligible list. In order to maintain cadet-appointment status, the cadet shall pass a qualifying exam and be a member in good standing in the appointing authority-sponsored cadet program for a time period specified by the administrator but not less than 12 months. Upon successful completion of the cadet program and contingent upon graduation from a police academy approved by the municipal police training committee, the appointing authority may effectuate a civil service appointment of the cadet to the permanent police force through notification to the administrator. The appointee shall then serve the probationary period specified in section 61 before gaining tenure status. The appointing authority shall report in writing to the administrator any such permanent original appointment.
Section 59C. (a) Notwithstanding any general or special law to the contrary, any person who has completed not less than 24 months of service as a fire cadet may, subject to a program established by the head of the fire department as defined in section 1 of chapter 148, on behalf of a municipality accepting this chapter, which program has been approved by both the administrator and the Massachusetts fire training council established in section 164 of chapter 6, be appointed to fill a vacancy in a position in the lowest grade in the civil service fire force of the city or town without certification from an eligible list prepared under this chapter; provided, however, that such person shall be on a fire entrance eligible list prepared under this chapter or shall have passed another qualifying examination approved by the administrator.
(b) Any change in working conditions for incumbent firefighters directly precipitated by the employment of fire cadets shall trigger the bargaining obligations set forth in section 6 of chapter 150E. A cadet shall not be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction be made from their compensation for the purpose thereof; provided, however, that a cadet who satisfies all prerequisites for appointment to the firefighting force of a city or town, and is appointed as a permanent full-time firefighter, shall have their fire cadet service considered as creditable service for purposes of retirement; provided further, that the cadet pays into the annuity savings fund of the retirement system such amount as the retirement board determines equal to that which they would have paid had they been a member of the retirement system during the period of training as a fire cadet.
Section 59D. The percentage of candidates appointed to a permanent position from a local public safety service register or a cadet program, pursuant to sections 59A to 59C, inclusive, shall not exceed, in the aggregate, more than 50 per cent of the appointing authority’s overall appointments to the entry-level police and firefighter ranks during the time period established by the written agreement between the administrator and the appointing authority that authorizes the alternative appointment methodologies permitted by this chapter.
SECTION 148. Sections 59A, 59C and 59D of chapter 31 of the General Laws, as inserted by section 147, are hereby repealed.
SECTION 149. Section 60A of said chapter 31, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 4, the word “selectmen” and inserting in place thereof the following words:- select board.
SECTION 150. Section 61 of said chapter 31, as so appearing, is hereby amended by adding the following sentence:- Unless otherwise provided by civil service rule, and with appropriate adjustments to the timing of performance evaluations called for therein, the second paragraph of section 34 shall apply to persons covered by this section.
SECTION 151. Section 63 of said chapter 31, as so appearing, is hereby amended by striking out, in line 25, the word “handicapping” and inserting in place thereof the following word:- disabling.
SECTION 152. Section 65 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 8 and 10, the word “four”, both times it appears, and inserting in place thereof, in each instance, the following figure:- 2.
SECTION 153. Said section 65 of said chapter 31, as so appearing, is hereby further amended by adding the following paragraph:-
Unless otherwise provided by civil service rule, and with appropriate adjustments to the timing of performance evaluations called for therein, the second paragraph of section 34 shall apply to persons covered by this section.
SECTION 154. Section 67 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “and the seniority of such employee as determined pursuant to section thirty-three” and inserting in place thereof the following words:- , the seniority of such employee as determined pursuant to section 33 and available demographic data, in aggregate form, regarding the complement of civil service employees in each department.
SECTION 155. Said section 67 of said chapter 31, as so appearing, is hereby further amended by inserting after the word “the”, in line 21, the following words:- commission or the.
SECTION 156. Said section 67 of said chapter 31, as so appearing, is hereby further amended by striking out, in lines 23 and 24, the words “one hundred dollars” and inserting in place thereof the following figure:- $500.
SECTION 157. The second paragraph of section 72 of said chapter 31, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- After conducting an inquiry pursuant to this paragraph, the commission or administrator may recommend to or order the appointing authority that such employee be removed or may make other appropriate recommendations or orders.
SECTION 158. Said section 72 of said chapter 31, as so appearing, is hereby further amended by inserting after the word “witnesses”, in line 18, the following words:- , demand to inspect documents.
SECTION 159. Section 73 of said chapter 31, as so appearing, is hereby amended by inserting after the word “of”, in line 1, the following words:- the commission or.
SECTION 160. Section 74 of said chapter 31, as so appearing, is hereby amended by striking out the third and fourth paragraphs and inserting in place thereof the following 2 paragraphs:-
No person making an appointment to any civil service position shall receive or consider a recommendation of an applicant for such appointment given by any member of the general court, board of alders or city council, except as to the character or residence of the applicant.
Any person who has been elected to public office by popular vote or by the board of alders or city council of a city or the select board of a town shall not be eligible to be designated as a representative of civil service.
SECTION 161. Said chapter 31 is hereby further amended by striking out section 75, as so appearing, and inserting in place thereof the following section:-
Section 75. No person shall deny or interfere with the right of civil service employees employed by any city or town to petition, individually or collectively, the city or town government or any member thereof, to furnish information to the mayor, city or town manager, city council, board of alders or select board or appear before any committee of such council or boards, or deny or interfere with the right of any civil service employees to petition, individually or collectively, the general court or any member thereof, to furnish information to either branch of the general court or appear before any of its committees or to furnish information to, or cooperate with, law enforcement authorities. This section shall not be construed to authorize an employee who is not on leave to be absent from employment without permission during regular working hours.
SECTION 162. Section 77 of said chapter 31, as so appearing, is hereby amended by inserting after the word “The”, in line 1, the following words:- commission or the.
SECTION 163. Said chapter 31 is hereby further amended by adding the following section:-
Section 78. (a) There shall be a permanent commission on recruitment, hiring and retention of municipal police officers and firefighters in the commonwealth to consist of 1 member appointed by the speaker of the house of representatives, who shall serve as co-chair, 1 member appointed by the president of the senate, who shall serve as co-chair and 1 member appointed by the governor, who shall serve as co-chair; and consisting of the following members or their designees: the chairs of the joint committee on public service and the chairs of the joint committee on public safety and homeland security, who may serve as vice chairs; the secretary of administration and finance; the chief human resources officer for the commonwealth; the chair of the civil service commission; the attorney general; the secretary of public safety and security; the chair of the Massachusetts peace officer standards and training commission; the executive director of the municipal police training committee; the president of the Massachusetts Chiefs of Police Association, Inc.; the president of the Massachusetts major city chiefs of police; the chair of the Massachusetts Law Enforcement Policy Group, Inc.; a representative of police officers selected by the co-chairs from candidates recommended from a major federation of police officer unions in the commonwealth; a member of a correctional officers’ union; the president of Massachusetts Association of Minority Law Enforcement Officers, Inc.; the president of Massachusetts Association of Women in Law Enforcement, Inc.; the chair of the Massachusetts fire training council; the state fire marshal; the president of Fire Chiefs’ Association of Massachusetts, Inc.; the president of the Professional Fire Fighters Association of Massachusetts; the secretary of veterans affairs; the president of the Massachusetts veteran service agents; the commander of the disabled veterans of Massachusetts; the executive director of Massachusetts Municipal Association, Inc.; the president of the Massachusetts Mayors Association, Inc.; the chair of the Massachusetts Municipal Human Resources Association; the executive director of the American Civil Liberties Union of Massachusetts, Inc.; the president of the Boston chapter of the New England area conference of the National Association for Advancement of Colored People; and the chair of the Massachusetts commission against discrimination.
(b) The co-chairs may appoint a steering committee and subcommittees to carry out the mandate of the commission. Members of the commission shall be subject to chapter 268A as it applies to special state employees and shall receive no compensation for their services.
(c) The commission shall be a resource to the commonwealth and municipalities on issues related to the recruitment, hiring and retention of highly qualified candidates of diverse backgrounds for municipal police officer and firefighter positions. In support of this objective, the commission may: (i) obtain, interpret and apply current research and evaluation data, including information reported pursuant to section 67, to program initiatives and policy development and identify and advocate for solutions to address gaps in strategies for employment of highly qualified and diverse municipal public safety personnel; and (ii) recommend measures to increase, where appropriate, representation within municipal public safety departments of historically under-represented populations, including, but not limited to, females and persons of color, and monitor the compliance by municipal public safety departments with any commitments they may have entered into to diversify their workforces.
(d) The commission may examine and evaluate the implementation of all reforms related to the recruitment, hiring and retention of municipal police officers and firefighters in the commonwealth made by the special legislative commission to study and examine the civil service law, personnel administration rules, hiring procedures and by-laws for municipalities not subject to the civil service law and state police hiring practices, established in section 107 of chapter 253 of the acts of 2020, by: (i) studying, reviewing and reporting on the hiring outcomes of: (A) any civil service appointments facilitated by sections 59A to 59C, inclusive; (B) reforms made to civil service residency preference provisions of section 58; and (C) any other civil service reforms implemented, including, but not limited to, the increased frequency of civil service examinations and the lowering of examination fees; and (ii) making recommendations: (A) to ensure that adopted reforms are being implemented consistent with the intent of the special legislative commission; and (B) for further legislation in furtherance of the commission’s mandate.
(e) The commission may examine and evaluate all aspects of the recruitment, hiring and retention of municipal police officers and firefighters in all municipalities in the commonwealth and make pertinent recommendations to agencies and officers of the commonwealth and local subdivisions of government not governed by this chapter that advance basic merit principles in the recruitment, hiring and retention of highly qualified police officers and firefighters of diverse backgrounds across the commonwealth.
(f) The commission may obtain from all state agencies and municipalities such information and assistance as the commission may require.
(g) Not later than July 1 of each year, the commission shall submit an annual report on its activities and findings, including any recommendations, to the governor, the clerks of the house of representatives and the senate, the joint committee on public service and the joint committee on public safety and homeland security.
SECTION 164. Section 59 of chapter 40 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “and pursuant to regulations issued by the economic assistance coordinating council established under section 3B of chapter 23A,”.
SECTION 165. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out clause (i) and inserting in place thereof the following clause:- (i) includes a description of the parcels to be included in the agreement;.
SECTION 166. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in line 30, the words “within such TIF area”.
SECTION 167. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 32 and 33, the words “as required by said regulations”.
SECTION 168. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out clause (vii).
SECTION 169. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in line 90, the figure “(viii)” and inserting in place thereof the following figure:- (vii).
SECTION 170. Said section 59 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 91 and 92, the words “and the economic assistance coordinating council”.
SECTION 171. Section 6 of chapter 40A of the General Laws is hereby amended by striking out the second paragraph, as so appearing, and inserting in place thereof the following paragraph:-
A zoning ordinance or by-law shall provide that construction or operations under a building permit shall conform to any subsequent amendment of the ordinance or by-law unless the use or construction is commenced within a period of not more than 12 months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. Construction or operations under a special permit issued pursuant to section 9 or site plan approval pursuant to the local ordinance or by-law shall conform to any subsequent amendment of the zoning ordinance or by-law or of any other local land use regulations unless the use or construction is commenced within a period of 3 years after the issuance of the special permit or site plan approval and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. For the purpose of the prior sentence, construction involving the redevelopment of previously disturbed land shall be deemed to have commenced upon substantial investment in site preparation or infrastructure construction, and construction of developments intended to proceed in phases shall proceed expeditiously, but not continuously, among phases.
SECTION 172. Section 4G of chapter 40J of the General Laws, as so appearing, is hereby amended by inserting after the word “granted”, in line 21, the following words:- ; provided, however, that the University of Massachusetts may leverage funding sourced from an agency to meet the match requirement.
SECTION 173. Subsection (c) of section 6B of said chapter 40J, as most recently amended by section 179 of chapter 7 of the acts of 2023, is hereby further amended by striking out the last sentence.
SECTION 174. Chapter 40W of the General Laws is hereby repealed.
SECTION 175. Section 2 of chapter 43D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Interagency permitting board”.
SECTION 176. Said section 2 of said chapter 43D, as so appearing, is hereby further amended by striking out the definition of “Priority development site” and inserting in place thereof the following 2 definitions:-
“Permit regulatory office”, the permit regulator office in the executive office of economic development established in section 3H of chapter 23A.
“Priority development site”, a privately or publicly owned property that is: (i) eligible under applicable zoning provisions, including special permits or other discretionary permits, for the development or redevelopment of a building of not less than 50,000 square feet of gross floor area in new or existing buildings or structures; and (ii) designated as a priority development site by the permit regulatory office; provided, however, that several parcels or projects may be included within a single priority development site.
SECTION 177. Said chapter 43D is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-
Section 3. (a) A governing body seeking designation of a priority development site shall file a formal proposal with the permit regulatory office. If the proposal includes an intention to develop housing within the priority development site, the governing body shall provide a copy of the proposal to the secretary of housing and livable communities. The proposal shall include: (i) a detailed description of the property; (ii) a good faith commitment to comply with this chapter; (iii) a description of the uses that could be developed within the priority development site; and (iv) such other information as the secretary shall, after consultation with the secretary of energy and environmental affairs, the secretary of housing and livable communities and the secretary of transportation, require by regulation or guidelines .
(b) The secretary shall by regulation or guidelines establish the criteria for designating priority development sites. These criteria shall include a preference for areas that include at least 1 of the following: (i) underutilized buildings or facilities; (ii) adequate utilities for the types of development anticipated to occur; (iii) convenient access to a public transit station; or (iv) areas in which electric grid capacity can satisfy new all electric building. Priority development sites shall not include areas containing highly sensitive natural resources or areas in which development would be at significant risk from rising sea levels or other flood risk caused or exacerbated by climate change.
SECTION 178. Section 11 of said chapter 43D, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) Permits shall not transfer automatically to successors in title except as provided in a local ordinance or by-law or in an applicable state law or regulation.
SECTION 179. Said chapter 43D is hereby further amended by striking out section 12, as so appearing, and inserting in place thereof the following section:-
Section 12. A municipality containing a priority development site shall receive priority consideration for: (i) grant programs administered by the executive office of economic development; (ii) state resources for business development including, but not limited to, quasi-public financing and training programs; (iii) brownfields remediation assistance administered by the Massachusetts Development Finance Agency; and (iv) technical assistance provided by the regional planning council. Such state financial or technical assistance shall be used to facilitate development within the priority development site. Priority consideration for such grants and other financial assistance shall apply only to a municipality that is in compliance with the multi-family zoning requirements under section 3A of chapter 40A, if applicable.
SECTION 180. Section 13 of said chapter 43D is hereby repealed.
SECTION 181. Section 1 of chapter 55 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the definition of “Candidate’s committee” the following definition:-
“Childcare services”, care services provided to a candidate’s child or dependent child including, but not limited to, baby-sitting services by an individual or a nonprofit or for-profit organization that provides such services and any other costs directly related to such services that occur as a result of campaign activities; provided, however, that expenses related to childcare services shall not include payments to a family member, as defined in section 1 of chapter 50, of a child, unless the family member owns, operates or is employed by a professional daycare or babysitting service or a nonprofit or for-profit organization that provides childcare services and the cost of the service is not greater than such family member would otherwise charge.
SECTION 182. Section 6 of said chapter 55, as so appearing, is hereby amended by inserting after the word “to”, in line 64, the following words:- the provision of childcare services,.
SECTION 183. Chapter 61A of the General Laws is hereby amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-
Section 2. Land shall be considered to be in horticultural use when primarily and directly used in: (i) raising fruits, vegetables, berries, nuts and other foods for human consumption, feed for animals, tobacco, flower, sod, trees, nursery or greenhouse products and ornamental plants and shrubs for the purpose of selling such products or a product derived from such plants in the regular course of business; (ii) raising forest products under a certified forest management plan, approved by and subject to procedures established by the state forester, designed to improve the quantity and quality of a continuous crop for the purpose of selling these products in the regular course of business; or (iii) a related manner which is incidental to those uses and represents a customary and necessary use in raising such products and preparing them for market or the products derived therefrom for market.
SECTION 184. Section 6 of chapter 62 of the General Laws is hereby amended by striking out, in line 149, as so appearing, the words ““EDIP contract” and “proposed project”” and inserting in place thereof the following words:- “EDIP contract”, “proportion of compliance”, “proposed project” and “refundable credit”.
SECTION 185. Said section 6 of said chapter 62 is hereby further amended by striking out, in lines 154 to 157, inclusive, as so appearing, the words “, up to an amount equal to 50 per cent of the liability in a taxable year; provided, however, that the 50 per cent limitation shall not apply where the credit is refundable under paragraph (6)”.
SECTION 186. Said section 6 of said chapter 62 is hereby further amended by striking out, in lines 159 to 163, inclusive, as so appearing, the words “; provided further, that a credit awarded in connection with a certified project that will retain permanent full-time employees in a gateway municipality without creating a net increase in permanent full-time employees shall not exceed $5,000 per retained employee”.
SECTION 187. Paragraph (3) of subsection (g) of said section 6 of said chapter 62, as most recently amended by section 215 of chapter 7 of the acts of 2023, is hereby further amended by striking out the last sentence and inserting in place thereof the following 2 sentences:- The EACC shall provide the commissioner with the documentation that the commissioner deems necessary to confirm compliance with the annual cap and the commissioner shall provide a report confirming compliance to the secretary of administration and finance and the secretary of economic development. Notwithstanding section 21 of chapter 62C, the department of revenue shall provide the EACC with documentation confirming tax credits claimed under this subsection by the owner or lessee of a certified project.
SECTION 188. Paragraph (8) of said subsection (g) of said section 6 of said chapter 62, as appearing in the 2022 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The amount of credits subject to recapture shall be equal to the taxpayer’s proportion of compliance, as determined by the EACC as part of its revocation process and reported to the taxpayer and the department of revenue at the time that certification is revoked.
SECTION 189. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 949, as so appearing, the figure “$30,000,000” and inserting in place thereof the following figure:- $40,000,000.
SECTION 190. Said section 6 of said chapter 62, as most recently amended by section 12 of chapter 206 of the acts of 2024, is hereby further amended by striking out subsection (t).
SECTION 191. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 1422, as appearing in the 2022 Official Edition, the figure “50” and inserting in place thereof the following figure:- 10.
SECTION 192. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 1468, as so appearing, the word “its” and inserting in place thereof the following words:- the owner’s.
SECTION 193. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 1488, as so appearing, the words “owner’s capital investment in” and inserting in place thereof the following words:- total leasable square footage of.
SECTION 194. Said section 6 of said chapter 62, as most recently amended by section 12 of chapter 206 of the acts 2024, is hereby further amended by adding the following 4 subsections:-
(ff)(1) As used in this subsection, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Advertising and public relations expenditure”, a cost incurred within the commonwealth by an eligible theater production for goods or services related to the marketing, public relations, creation and placement of print, electronic, television, billboards or other forms of advertising to promote the eligible theater production.
“Eligible theater production”, a live stage musical, dance or theatrical production or tour being presented in a qualified production facility that is either: (i) a pre-Broadway production; (ii) a pre-off Broadway production; (iii) a national tour launch; or (iv) a regional professional theater production.
“Eligible theater production certificate”, a certificate issued by the office, in consultation with the commissioner, certifying that a production is an eligible theater production that meets the rules or regulations of the office and has been awarded a tax credit in a specified amount, pursuant to section 3M of chapter 23A. 
“National tour launch”, a live stage production that, in its original or adaptive version, is performed in a qualified production facility and opens its national tour in the commonwealth.
“Office”, the Massachusetts office of business development established in section 1 of chapter 23A or any constituent office thereof.
“Payroll”, all salaries, wages, fees and other compensation from sources within the commonwealth, including, but not limited to, taxes, benefits and any other consideration incurred or paid to talent and non-talent employees of the applicant for services rendered within the commonwealth to and on behalf of an eligible theater production; provided, that the payroll  expenditure shall be incurred or paid by the applicant for services related to any portion of an  eligible theater production from its pre-production stages, including, but not limited to: (i) the  writing of the script; (ii) casting; (iii) hiring of service providers; (iv) purchases from vendors; (v) marketing; (vi) advertising; (vii) public relations; (viii) load in; (ix) rehearsals; (x)  performances; (xi) other eligible theater production related activities; and (xii) load out; and  provided further, that the payroll expenditure shall be directly attributable to the eligible theater production and shall be limited to the first $100,000 of wages incurred or paid to each employee of an eligible theater production in each tax year. 
“Pre-Broadway production”, a live stage production that, in its original or adaptive  version, is performed in a qualified production facility having a presentation scheduled for the city of New York’s Broadway theater district within 24 months after its presentation in the commonwealth.
“Pre-off-Broadway production”, a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for the city of New York’s off-Broadway theater district within 24 months after its presentation in the commonwealth. 
“Production and performance expenditures”, a contemporaneous exchange of cash or  cash equivalent for goods or services related to development, production, performance or  operating expenditures incurred in the commonwealth for a qualified theater production,  including, but not limited to, expenditures for design, construction and operation, including sets,  special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with sound, lighting, staging, advertising and public relations expenditures, facility expenses, rentals,  per diems, accommodations and other related costs.
“Qualified production facility”, a facility located in the commonwealth in which live theater productions are, or are intended to be, exclusively presented that contains at least 1 stage, a seating capacity of not less than 175 seats, dressing rooms, storage areas and other ancillary amenities necessary for the eligible theater production.
“Regional professional theater production”, a live stage production that is performed in a qualified production facility with a professional cast and crew.
“Transportation expenditures”, expenses incurred in the commonwealth for the packaging, crating and transportation both to the commonwealth for use in a qualified theater production of  sets, costumes or other tangible property constructed or manufactured outside the commonwealth, or from the commonwealth after use in a qualified theater production of sets, costumes or other tangible property constructed or manufactured in the commonwealth and the transportation of the cast and crew to and from the commonwealth; provided, that “transportation expenditures” shall include any portion performed in the commonwealth of the packaging, crating and transporting of property and equipment used for special and visual effects, sound, lighting and staging, costumes, wardrobes, make-up and related accessories and materials and any other performance or production-related property and equipment. 
(2) Any taxpayer that has been awarded an eligible theater production certificate and has completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall be allowed a tax credit against taxes imposed by this chapter. The credit shall not exceed $7,000,000 and shall be equal to: (i) 35 per cent of the total in-state payroll costs; (ii) 25 per cent of the production and performance expenditures; and (iii) 25 per cent of transportation expenditures. Additionally, the credit shall not exceed the amount of credit specified in the eligible theater production certificate.
(3) The tax credit shall be allowed against the tax for the taxable period in which the  credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward for not more than 5 succeeding tax years.
(4) If a taxpayer has not claimed the tax credits, in whole or part, a taxpayer eligible for  the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or  otherwise to any individual or entity, and such assignee of the tax credits that have not claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the assignee for not more than 5 succeeding tax years from the date an eligible theater production certificate is first issued by the office. The assignor shall perfect the transfer by notifying the commissioner, in writing, within 30 calendar days following the effective date of the transfer and shall provide any information as may be required by the commissioner to administer and carry out this subsection. 
(5) The commissioner shall promulgate such rules and regulations necessary for the administration of this subsection.
(gg)(1) As used in this subsection, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Capital investment”, expenses incurred for the site preparation and construction, repair, renovation, improvement or equipping of a building, structure or facility or other improvements to real property including, but not limited to, site-related utility and transportation infrastructure improvements.  
“Center”, the Massachusetts clean energy technology center established in section 2 of chapter 23J.  
“Certified climatetech company”, as defined in section 1 of chapter 23J.
“Climatetech facility”, any building, complex of buildings or structural components of buildings, including access infrastructure and machinery and equipment used in the research, manufacturing, assembly, development, provision or administration of goods or services in the climatetech sector.
“Owner”, a taxpayer subject to tax under this chapter that: (i) holds title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for not less than 50 years.
“Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a climatetech facility.
(2) An owner or tenant, to the extent authorized by the climatetech tax incentive program established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed by this chapter in an amount, as determined by the center, of not more than 50 per cent of the owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded pursuant to this subsection shall be distributed in equal parts over the 5 taxable years that correspond with the period in which the owner or tenant is certified pursuant to said section 16 of said chapter 23J.
(3) An owner shall be eligible for a tax credit authorized under this subsection if the owner demonstrates to the center that the: (i) owner is a certified climatetech company; (ii) owner's total capital investment in the climatetech facility is not less than $5,000,000; and (iii) climatetech facility will employ not less than 50 new full-time employees by the fifth year of the owner's certification period under section 16 of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit.
(4) A tenant shall be eligible for a tax credit authorized under this subsection if the tenant demonstrates to the center that the: (i) tenant is a certified climatetech company; (ii) owner has made a total capital investment in the facility that is not less than $5,000,000; (iii) tenant occupies a leased area of the climatetech facility that represents not less than 25 per cent of the total leasable square footage of the facility; and (iv) tenant will employ not less 13 full-time employees by the fifth year of the tenant's certification period under section 16 of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit. The amount of tax credits awarded under this subsection to a tenant for a taxable year shall not exceed the tenant's total lease payments for occupancy of the climatetech facility for the taxable year.
(5) The department of revenue shall issue the refundable portion of the credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (d) of section 16 of chapter 23J.
(6) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection and shall be allowed as a credit against the tax due under this chapter from such owners, partners or members in a manner determined by the commissioner.
(7) The department of revenue shall promulgate such rules and regulations as necessary to administer the credit established in this subsection. 
(hh)(1) A taxpayer, to the extent authorized by the climatetech tax incentive program established in section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts clean energy technology center established in section 2 of said chapter 23J, in consultation with the department of revenue.
(2) A taxpayer taking a credit under this subsection shall commit to the creation of not less than 5 net new permanent full-time employees in the commonwealth.
(3) A credit allowed under this subsection shall reduce the liability of the taxpayer under this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds the taxpayer’s liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized by the climatetech tax incentive program, shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable years.
(4) The department of revenue shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (d) of section 16 of chapter 23J.
(5) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection and shall be allowed as a credit against the tax due under this chapter from such owners, partners or members in a manner determined by the commissioner.
(ii)(1) An employer engaged in business in the commonwealth, which is not a business corporation subject to the excise under chapter 63, may be allowed a credit in each taxable year against the tax liability imposed by this chapter equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the taxable year, whichever is less. If a credit allowed pursuant to this subsection exceeds the tax otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of the taxpayer, be refunded to the taxpayer.
(2) For an employer to be eligible for a credit under this subsection: (i) the intern shall be enrolled in or a recent graduate of a public or private institution of higher education located in the commonwealth; (ii) the intern shall have been employed as a qualified intern by the employer for not less than 12 weeks in the taxable year for which the credit is claimed; and (iii) the employer shall demonstrate that the total number of interns employed in the taxable year exceeds the average number of interns employed by the taxpayer per year over the previous 3 years. An intern shall not be qualified if the intern participating in another internship or apprenticeship program for which an employer has claimed a credit in the taxable year under this subsection or chapter 63.
(3) The total cumulative value of the credits authorized pursuant to this subsection and section 38UU of chapter 63 shall not exceed $10,000,000 annually. An employer shall not claim more than $100,000 in credits under this subsection for any taxable year. A credit allowed under this subsection shall not be transferable.
(4) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection and shall be allowed as a credit against the tax due under this chapter of such owners, partners or members, in a manner determined by the commissioner.
(5) The executive office of economic development, in consultation with the commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to this subsection and section 38UU of chapter 63 and shall allocate the credit in accordance with the standards and requirements set forth in regulations promulgated pursuant to this subsection. The secretary of economic development, in consultation with the commissioner, shall promulgate regulations establishing an application process for the credit.
(6) The secretary of economic development shall annually file a report with the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development identifying the following: (i) total amount of tax credits claimed pursuant to this subsection and section 38UU of chapter 63; (ii) the number of participating interns; and (iii) the number of participating employers. In the fourth submission of said annual report, the secretary of economic development shall provide an assessment of the effectiveness of the credit offered under this subsection and section 38UU of chapter 63 in achieving the goal of retaining graduating talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the department of revenue may provide to the secretary of economic development de-identified, statistical tax return information related to the tax filings of former participating interns for the 5 tax years beginning after the conclusion of the internship to evaluate whether former interns are employed and domiciled in the commonwealth after the internship; provided, that such information shall be shared in a manner that prevents the identification of particular tax returns.
SECTION 195. Subsection (a) of section 31M of chapter 63 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Life sciences” and inserting in place thereof the following definition:-
“Life sciences”, advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications, including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical technology, medical devices, nanotechnology, natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA interference, stem cell research and veterinary science.
SECTION 196. Section 38M of said chapter 63, as so appearing, is hereby amended by striking out, in lines 120 and 121, the words “and (ii) equipment for the federal National Aeronautics and Space Administration”, and inserting in place thereof the following words:-
(ii) equipment for the federal National Aeronautics and Space Administration; and (iii) medical countermeasures, including, but not limited to: (A) medicines and medical supplies that can be used to diagnose, prevent or treat diseases related to chemical, biological, radiological or nuclear threats; (B) biologic products, vaccines, blood products and antibodies; and (C) antimicrobial or antiviral drugs, diagnostic tests to identify threat agents and personal protective equipment.
SECTION 197. Paragraph (1) of subsection (k) of said section 38M of said chapter 63, as so appearing, is hereby amended by striking out the definition of “Life sciences” and inserting in place thereof the following 3 definitions:-
“Climatetech”, as defined in section 1 of chapter 23J.
“Climatetech company”, as defined in section 1 of chapter 23J.
“Life sciences”, advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications, including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical technology, medical devices, nanotechnology, natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA interference, stem cell research and veterinary science.
SECTION 198. Said paragraph (1) of said subsection (k) of said section 38M of said chapter 63, as so appearing, is hereby further amended by striking out the definition of “Taxpayer” and inserting in place thereof the following definition:-
“Taxpayer”, a person, certified life sciences company or certified climatetech company subject to the taxes imposed by this chapter or chapters 62, 64H or 64I.
SECTION 199. Said section 38M of said chapter 63, as so appearing, is hereby further amended by inserting after the figure “23I”, in line 144, the following words:- or the climatetech tax incentive program established in subsection (d) of section 16 of chapter 23J.
SECTION 200. Section 38N of said chapter 63, as amended by section 229 of chapter 7 of the acts of 2023, is hereby further amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) As used in this section, “Certified project”, “EDIP contract”, “Proportion of compliance” and “Refundable credit” shall have the same meanings as ascribed to them in section 3A of chapter 23A.
SECTION 201. Said section 38N of said chapter 63 is hereby further amended by striking out, in lines 7 to 10, as appearing in the 2022 Official Edition, inclusive, the words “, up to an amount equal to 50 per cent of the liability in a taxable year; provided, however, that the 50 per cent limitation shall not apply where the credit is refundable under subsection (d)”.
SECTION 202. Said section 38N of said chapter 63 is hereby further amended by striking out, in lines 13 to 17, inclusive, as so appearing, the words “; provided, however, that a credit awarded in connection with a certified project that will retain permanent full-time employees in a gateway municipality without creating a net increase in permanent full-time employees shall not exceed $5,000 per retained employee”.
SECTION 203. Said section 38N of said chapter 63 is hereby further amended by striking out, in line 27, as so appearing, the word “or”, the second time it appears, and inserting in place thereof the following word:- of.
SECTION 204. Said section 38N of said chapter 63 is hereby further amended by striking out, in line 29, as so appearing, the word “or”, the second time it appears, and inserting in place thereof the following word:- of.
SECTION 205. The second paragraph of subsection (c) of said section 38N of said chapter 63, as amended by section 229 of chapter 7 of the acts of 2023, is hereby further amended by adding the following sentence:- Notwithstanding section 21 of chapter 62C, the department of revenue shall provide the EACC with documentation confirming credits claimed under this section by a corporation subject to tax under this chapter that is the controlling business of a certified project or an affiliate of a controlling business.
SECTION 206. Said section 38N of said chapter 63 is hereby further amended by striking out, in line 46, as so appearing, the words “31A or”.
SECTION 207. Subsection (i) of said section 38N of said chapter 63, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The amount of credits subject to recapture shall be equal to the corporation’s proportion of compliance, as determined by the EACC as part of its revocation process and reported to the corporation and the department of revenue at the time certification is revoked.
SECTION 208. Subsection (a) of section 38U of said chapter 63, as so appearing, is hereby amended by striking out the definition of “Life sciences” and inserting in place thereof the following definition:-
“Life sciences”, advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications, including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical technology, medical devices, nanotechnology, natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA interference, stem cell research and veterinary science.
SECTION 209. Section 38LL of said chapter 63, as so appearing, is hereby amended by striking out, in line 9, the figure “50” and inserting in place thereof the following figure:- 10.
SECTION 210. Section 38MM of said chapter 63, as so appearing, is hereby amended by striking out, in line 28, the word “its” and inserting in place thereof the following words:- the owner’s.
SECTION 211. Said section 38MM of said chapter 63, as so appearing, is hereby further amended by striking out, in lines 47 and 48, the words “owner’s capital investment in” and inserting in place thereof the following words:- total leasable square footage of.
SECTION 212. Said chapter 63 is hereby further amended by inserting after section 38PP, inserted by section 26 of chapter 150 of the acts of 2024, the following 5 sections:- 
Section 38QQ. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Advertising and public relations expenditure”, a cost incurred within the commonwealth by an eligible theater production for goods or services related to the marketing, public relations, creation and placement of print, electronic, television, billboards or other forms of advertising to promote the eligible theater production. 
“Eligible theater production”, a live stage musical, dance or theatrical production or tour being presented in a qualified production facility that is either: (i) a pre-Broadway production; (ii) a pre-off-Broadway production; (iii) a national tour launch; or (iv) a regional professional theater production.
“Eligible theater production certificate”, a certificate issued by the office, in consultation with the commissioner, certifying that a production is an eligible theater production that meets the rules or regulations of the office and that it has been awarded a tax credit in a specified amount, pursuant to section 3M of chapter 23A.
“National tour launch”, a live stage production that, in its original or adaptive version, is performed in a qualified production facility and opens its national tour in the commonwealth.
“Office”, the Massachusetts office of business development established in section 1 of  chapter 23A, or any constituent office thereof.
“Payroll”, all salaries, wages, fees and other compensation from sources within the  commonwealth, including, but not limited to, taxes, benefits and any other consideration incurred or paid to talent and non-talent employees of the applicant for services rendered within the commonwealth to and on behalf of an eligible theater production; provided, that the payroll  expenditure shall be incurred or paid by the applicant for services related to any portion of an  eligible theater production from its pre-production stages, including, but not limited to: (i) the  writing of the script; (ii) casting; (iii) hiring of service providers; (iv) purchases from vendors; (v) marketing; (vi) advertising; (vii) public relations; (viii) load in; (ix) rehearsals; (x) performances; (xi) other eligible theater production related activities; and (xii) load out; and provided further, that the payroll expenditure shall be directly attributable to the eligible theater production and shall be limited to the first $100,000 of wages incurred or paid to each employee of an eligible theater production in each tax year. 
“Pre-Broadway production”, a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for the city of New York’s Broadway theater district within 24 months after its presentation in the  commonwealth.
“Pre-off-Broadway production”, a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for the  city of New York’s off-Broadway theater district within 24 months after its presentation in the  commonwealth.
“Production and performance expenditures”, a contemporaneous exchange of cash or  cash equivalent for goods or services related to development, production, performance or  operating expenditures incurred in the commonwealth for a qualified theater production,  including, but not limited to, expenditures for design, construction and operation, including sets, special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with sound, lighting, staging, advertising and public relations expenditures, facility expenses, rentals, per diems, accommodations and other related costs.
“Qualified production facility”, a facility located in the commonwealth in which live theater productions are, or are intended to be, exclusively presented that contains at least 1 stage, a seating capacity of not less than 175 seats, dressing rooms, storage areas and other ancillary amenities necessary for the eligible theater production.
“Regional professional theater production”, a live stage production that is performed in a qualified production facility with a professional cast and crew.
“Transportation expenditures”, expenses incurred in the commonwealth for the packaging, crating and transportation both to the commonwealth for use in a qualified theater production of  sets, costumes or other tangible property constructed or manufactured outside the commonwealth, or from the  commonwealth after use in a qualified theater production of sets, costumes or other tangible property constructed or manufactured in the commonwealth and the transportation of the cast and crew to and from the commonwealth; provided, that “transportation expenditures” shall include any portion performed in the commonwealth of the packaging, crating and transporting of property and equipment used for special and visual effects, sound, lighting and staging, costumes, wardrobes, make-up and related accessories and materials and any other performance or production-related property and equipment.
(b) Any taxpayer that has been awarded an eligible theater production certificate and has completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall be allowed a tax credit against taxes imposed by this chapter. The credit shall not exceed $7,000,000 and shall be equal to: (i) 35 per cent of the total in-state payroll costs; (ii) 25 per cent of the production and performance expenditures; and (iii) 25 per cent of transportation expenditures. Additionally, the credit shall not exceed the amount of credit specified in the eligible theater production certificate.
(c) The tax credit shall be allowed against the tax for the taxable period in which the  credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward for not more than 5 succeeding tax years.
(d) If a taxpayer has not claimed the tax credits, in whole or part, a taxpayer eligible for the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or  otherwise to any individual or entity, and such assignee of the tax credits that have not claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the assignee for not more than 5 succeeding tax years from the date an eligible theater production certificate is first issued by the office. The assignor shall perfect the transfer by notifying the commissioner, in writing, within 30 calendar days following the effective date of the transfer and shall provide any information as may be required by the commissioner to administer and carry out this section. 
(e) Credits allowed to corporations that are included in a combined group within the meaning of section 32B may be shared with other corporations within such group that are also doing business in the commonwealth, to the extent those corporations are engaged in a unitary business.
(f) Credits allowed to a company that is an S corporation, as defined in section 1361 of the Code, partnership or a limited liability company that is taxed as a partnership shall be passed through respectively to persons designated as partners, members or owners of such companies on a pro rata basis or pursuant to an executed agreement among such persons designated as S corporation shareholders, partners or members documenting an alternate distribution method without regard to their sharing of other tax or economic attributes of such entity.
(g) The commissioner shall promulgate such rules and regulations necessary for the administration of this section.
Section 38RR. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Capital investment”, expenses incurred for the site preparation and construction, repair, renovation, improvement or equipping of a building, structure or facility or other improvements to real property including, but not limited to, site-related utility and transportation infrastructure improvements. 
“Center”, the Massachusetts clean energy technology center established in section 2 of chapter 23J.  
“Certified climatetech company”, as defined in section 1 of chapter 23J.
“Climatetech facility”, a building, complex of buildings or structural components of buildings, including access infrastructure, and all machinery and equipment used in the research, manufacturing, assembly, development, provision or administration of goods or services in the climatetech sector.
“Owner”, a taxpayer subject to tax under this chapter that: (i) is a corporation that holds title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for not less than 50 years.
“Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a climatetech facility.  
(b) An owner or tenant, to the extent authorized by the climatetech tax incentive program established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed by this chapter in an amount, as determined by the center, of not more than 50 per cent of the owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond to the period in which the owner or tenant is certified pursuant to said section 16 of said chapter 23J.
(c) An owner shall be eligible for a tax credit under this section if the owner demonstrates to the center that the: (i) owner is a certified climatetech company; (ii) owner's total capital investment in the climatetech facility equals not less than $5,000,000; and (iii) climatetech facility will employ not less than 50 new full-time employees by the fifth year of the owner's certification period under section 16 of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit.
(d) A tenant shall be eligible for a tax credit under this section if the tenant demonstrates to the center that the: (i) tenant is a certified climatetech company; (ii) owner’s total capital investment in the facility equals not less than $5,000,000; (iii) tenant occupies a leased area of the climatetech facility that represents not less than 25 per cent of the total leasable square footage of the facility; and (iv) tenant shall employ not less than 13 full-time employees by the fifth year of the tenant's certification period under section 16 of chapter 23J. Upon verification, the center shall provide this information to the department of revenue for the purpose of administering the credit. The amount of tax credits awarded under this section to a tenant for a taxable year shall not exceed the tenant's total lease payments for occupancy of the climatetech facility for the taxable year.
(e) The department of revenue shall issue the refundable portion of the credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (d) of section 16 of chapter 23J.
(f) The department of revenue shall promulgate such rules and regulations as necessary to administer the credit established in this section.
Section 38SS. (a) A taxpayer may, to the extent authorized pursuant to the climatetech tax incentive program established in section 16 of chapter 23J, be allowed a credit against its excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the qualified research expenses for the taxable year, over the base amount, and 15 per cent of the basic research payments determined pursuant to section 41(e)(1)(A) of the Internal Revenue Code; provided, that the terms ''qualified research expenses'', ''base amount'', ''qualified organization base period amount'', ''basic research'' and any other terms affecting the calculation of the credit shall have the same meanings as defined in said section 41 of said Code unless the context requires otherwise.
In determining the amount of the credit allowable under this section, the commissioner of revenue may aggregate the activities of all corporations that are members of a controlled group of corporations, as defined by 41(f)(1)(A) of the Internal Revenue Code, and may aggregate the activities of all entities, whether or not incorporated, that are under common control as defined in section 41(f)(1)(B) of said Code. 
(b) For a qualified climatetech company, research and development costs, within the meaning of section 41 of said Code, shall include those qualified research expenditures that are performed both inside and outside the commonwealth. 
(c) For purposes of section 30, the deduction from gross income that may be taken with respect to any expenditures qualifying for a credit under said section 41 of the Internal Revenue Code shall be based upon its cost less the credit allowable under this section; provided, however, that section 280C(c) of said Code shall not apply. 
(d) The credit allowed hereunder for any taxable year shall not reduce the excise to less than the amount due under subsection (b) of section 39, section 67 or any other general or special law.
(e) The credit allowed under this section shall be limited to 100 per cent of a corporation's first $25,000 of excise, as determined before the allowance of any credits, plus 75 per cent of the corporation's excise, as so determined in excess of $25,000. The commissioner of revenue shall promulgate regulations similar to those authorized under section 38(c)(2)(B) of the Internal Revenue Code for the purposes of apportioning the $25,000 amount among members of a controlled group. Nothing in this section shall alter section 32C as it affects other credits under this chapter. 
(f) If a corporation files a combined return of income under section 32B, a credit generated by an individual member corporation under this section shall first be applied against the excise attributable to that company under section 39, subject to the limitations of subsections (d) and (e). A member corporation with an excess research and development credit may apply its excess credit against the excise of another group member if such other member corporation may use additional credits under the limitations of said subsections (d) and (e). Unused and unexpired credits generated by a member corporation shall be carried over from year to year by the individual corporation that generated the credit and shall not be refundable. Nothing in this section shall alter subsection (h) of section 31A.
(g) A corporation entitled to a credit under this section for a taxable year may carry over and apply to its excise for any of the next succeeding 15 taxable years that portion, as reduced from year to year, of its credit which exceeds its excise for the taxable year. A corporation may carry over and apply to its excise for any subsequent taxable year that portion, as reduced from year to year, of those credits which were not allowed under subsection (f). 
(h) The commissioner of revenue shall promulgate regulations necessary to carry out this section. 
Section 38TT. (a) A taxpayer, to the extent authorized by the climatetech tax incentive program established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts clean energy technology center established in section 2 of said chapter 23J, in consultation with the department of revenue.
(b) A taxpayer taking a credit under this section shall commit to the creation of not less than 5 net new permanent full-time employees in the commonwealth.
(c) A credit allowed under this section shall reduce the liability of the taxpayer under this chapter for the taxable year. If a credit claimed under this section by a taxpayer exceeds the taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized by the climatetech tax incentive program, shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable years.
(d) The department of revenue shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (d) of section 16 of chapter 23J.
Section 38UU. (a) A business corporation engaged in business in the commonwealth may be allowed a credit each taxable year against the liability imposed by this chapter in an amount equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the taxable year, whichever is less. If a credit allowed pursuant to this section exceeds the tax otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of the taxpayer, be refunded to the taxpayer.
(b) For an employer to be eligible for a credit under this section: (i) the intern shall be enrolled in or a recent graduate of a public or private institution of higher education located in the commonwealth; (ii) the intern shall have been employed as a qualified intern by the employer for not less than 12 weeks in the taxable year for which the credit is claimed; and (iii) the employer shall demonstrate that the total number of interns employed in the taxable year exceeds the average number of interns employed by the taxpayer per year over the previous 3 years. An intern shall not be qualified if the intern is participating in another internship or apprenticeship program for which an employer has claimed a credit in the taxable year under this chapter or subsection (ii) of section 6 of chapter 62.
(c) The total cumulative value of the credits authorized pursuant to this section and subsection (ii) of section 6 of chapter 62 shall not exceed $10,000,000 annually. An employer shall not claim more than $100,000 in credits under this section for any taxable year. A credit allowed under this section shall not be transferable.
(d) The executive office of economic development, in consultation with the commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to this section and subsection (ii) of section 6 chapter 62 and shall allocate the credit in accordance with the standards and requirements set forth in regulations promulgated pursuant to this section. The secretary of economic development, in consultation with the commissioner, shall promulgate regulations establishing an application process for the credit.
(e) The secretary of economic development shall annually file a report with the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development identifying the following: (i) total amount of tax credits claimed pursuant to this section and subsection (ii) of section 6 of chapter 62; (ii) the number of participating interns; and (iii) the number of participating employers. In the fourth submission of said annual report, the secretary of economic development shall provide an assessment of the effectiveness of the credit offered under this section and subsection (ii) of section 6 of chapter 62 in achieving the goal of retaining graduating talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the department of revenue may provide to the secretary of economic development de-identified, statistical tax return information related to the tax filings of former participating interns for the 5 tax years beginning after the conclusion of the internship to evaluate whether former interns are employed and domiciled in the commonwealth after the internship; provided, that such information shall be shared in a manner that prevents the identification of particular tax returns.
SECTION 213. Section 42B of said chapter 63, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 50 and 51, the words “, a certified life sciences” and inserting in place thereof the following words:- or the climatetech tax incentive program established in section 16 of chapter 23J, a certified.
SECTION 214. Section 6 of chapter 64H of the General Laws, as amended by section 29 of chapter 178 of the acts of 2024, is hereby further amended by adding the following 2 paragraphs:-
(yy)(1) Sales of tangible personal property purchased for a certified climatetech company, to the extent authorized pursuant to the climatetech tax incentive program established in section 16 of chapter 23J for use in connection with the construction, alteration, remodeling, repair or remediation of research, development or manufacturing or other commercial facilities used for the provisions of goods or services in the climatetech sector and utility support systems.
(2) As used in this paragraph, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Climatetech”, as defined in section 1 of chapter 23J.
“Climatetech company”, as defined in section 1 of chapter 23J.
“Utility support systems”, all areas of utility support systems including, but not limited to, site, civil, mechanical, electrical and plumbing systems.
(zz)(1) Sales of: (A) eligible data center equipment for use in a qualified data center; (B) computer software for use in a qualified data center; (C) electricity for use or consumption in the operation of a qualified data center; or (D) construction costs incurred for the construction, renovation or refurbishment of a qualified data center.
(2) If the secretary revokes the certification of a qualified data center the commissioner shall, as of the effective date of the revocation, disallow any credits, exemptions or other tax benefits allowed by the original certification of tax benefits under this paragraph.
(3) If the qualified data center is sold to a new owner prior to the expiration of the exemption, tax benefits under this paragraph shall remain in effect and apply to a subsequent owner for the remaining duration of the 20-year qualification period.
(4) As used in this paragraph, the following words shall, unless the context clearly otherwise requires, have the following meanings:
“Colocation tenant”, a person, partnership, company, corporation or other entity that contracts with or leases from the owner or operator of a qualified data center to use or occupy all or part of a qualified data center.
“Computer software”, software purchased, leased, utilized or loaded at a qualified data center, including, but not limited to, maintenance, licensing and software customization.
“Construction costs”, costs of materials, labor, services and equipment purchased or leased to construct a qualified data center facility, including, but not limited to, the cost of data center building, accessory building, building improvement, land development, site improvement, site utility infrastructure, building materials, steel, concrete, gravel, engineering services, heavy equipment, cranes, transportation equipment, excavation, storm water system and management, access roads, bridges, fencing, lighting, landscaping and other costs to construct the facility.
“Eligible data center equipment”, computers and equipment supporting computing, networking, data processing or data storage, including, but not limited to: (i) servers and routers, computer servers and routers, connections, chassis, networking equipment, switches, racks, fiber optic and copper cables, trays, conduits and other enabling machinery, equipment and hardware; (ii) component parts, replacement parts and upgrades; (iii) cooling systems, cooling towers, chillers, mechanical equipment, HVAC equipment, refrigerant piping, fuel piping and storage, adiabatic and free cooling systems, water softeners, air handling units, indoor direct exchange units, fans, ducting, filters and other temperature control infrastructure; (iv) power infrastructure for transformation, generation, distribution or management of electricity used for the operations and maintenance of a qualified data center, including, but not limited to, substations, switchyards, transformers, generators, uninterruptible power supplies, backup power generation systems, battery systems, energy efficiency measures, supplies, fuel piping and storage, duct banks, switches, switchboards, testing equipment and related utility infrastructure; (v) monitoring and security equipment; (vi) water conservation systems, including, but not limited to, equipment designed to collect, conserve and reuse water; (vii) modular data center equipment and preassembled components of any item described in this paragraph, including, but not limited to, components used in the manufacturing of modular data centers; and (viii) any other personal property or equipment that is used or consumed in the operation and maintenance of the qualified data center.
“Qualification period”, a 20-year period of time beginning on the effective date of the certification by the secretary of the qualified data center for the first data center building, and expiring at the end of the twentieth full calendar year following the calendar year in which the certification became effective; provided, that if the qualified data center is comprised of more than 1 data center building, the qualification period for each subsequent data center building that is constructed at the qualified data center facility shall start when each data center building begins commercial operations, as evidenced by receipt of a certificate of occupancy, and shall continue for a period of 20 full calendar years, expiring at the end of the twentieth full calendar year following the calendar year each respective data center building began commercial operations.
“Qualified data center”, a facility in the commonwealth that:
(A) is owned or leased by: (i) the operator of the data center facility; or (ii) a person, partnership, company, corporation or other entity under common ownership of the operator of the data center facility;
(B) is comprised of 1 or more data center buildings that consist in the aggregate of not less than 100,000 square feet and that are located on a single parcel, or on contiguous parcels, where the total eligible qualified data center costs of the data center facility are at least $50,000,000 within a 10-year period from the effective date of the certification by the secretary as a qualified data center facility;
(C) is constructed or substantially refurbished;
(D) maintains a minimum of 100 jobs in the commonwealth; and
(E) is used to house computer information technology equipment, networking, data processing or data storage, including, but not limited to, servers and routers for the storage, management and dissemination of data and information where the facility has the following characteristics: (i) uninterruptible power supplies, generator backup power, or both; (ii) sophisticated fire suppression and prevention systems; and (iii) enhanced security; provided, that a qualified data center shall be considered to have enhanced security if it has restricted access to the facility to selected personnel, permanent security guards, video camera surveillance, an electronic system requiring pass codes, keycards or biometric scans or similar security features.
“Qualified data center costs”, expenditures made for the construction, refurbishment, renovation or improvement of a facility to be used as a qualified data center, including, but not limited to, the cost of land, land development, site improvement, site utility infrastructure, construction, data center building, accessory building, building improvement and eligible data center equipment.
“Secretary”, the secretary of economic development.
“Substantially refurbished”, a rebuild, modification or construction of not less than 100,000 square feet of an existing facility that is a qualified data center where the total eligible qualified data center costs are not less than $50,000,000 within a 10-year period from the effective date of the certification by the secretary as a qualified data center facility, including, but not limited to: (i) installation of computer information technology equipment, networking, data processing or data storage, including servers and routers, environmental control, computer software and energy efficiency improvements; and (ii) building improvements.
(3) The commissioner shall promulgate regulations necessary for the administration of this paragraph.
SECTION 215. Section 1A of chapter 69 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following paragraph:-
The commissioner shall require each district to: (i) notify students, prior to graduating from high school, of the availability of the free application for federal student aid, known as the FAFSA; (ii) provide students with information on federal and state financial aid options for post-secondary education; and (iii) provide students with instructions for completing state and federal financial aid applications. The commissioner shall provide guidance to districts related to the implementation of this paragraph regarding the distribution of information concerning the FAFSA and information to parents and guardians related to all options for financial assistance for high school students contemplating a post-secondary education.
SECTION 216. Said chapter 69 is hereby further amended by adding the following section:-
Section 39. (a) Notwithstanding any general or special law to the contrary, the department shall set measurable educator diversity goals for the commonwealth and shall collect and publicly report statewide educator diversity data in an online report. The data shall include, but not be limited to: (i) the hiring and retention of diverse educators; (ii) racial and ethnic demographics of educators who complete Massachusetts state educator preparation programs; (iii) teacher qualification data; and (iv) the racial and ethnic demographics of all persons applying for and completing educator certification in the commonwealth. Annually, not later than June 30, the department shall report on state educator diversity data and goals to the board of elementary and secondary education and the clerks of the senate and house of representatives and the joint committee on education.
(b) Each public school district and charter school shall collect and report to the department educator diversity data in a manner prescribed by the department; provided, that the department shall utilize existing reporting mechanisms and schedules to collect educator diversity data and outcomes.
SECTION 217. Section 38G of chapter 71 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the twenty-fourth paragraph the following paragraph:-
In addition to the requirements of this section, the department shall incentivize all educators and administrators to be trained in strategies related to evidence-based culturally responsive and linguistically sustaining pedagogy and practices. The department may consider incentives including, but not limited to, certification fee waivers, resources curated and published by the department, professional development opportunities, grants and optional training during the certification and recertification process.
SECTION 218. Said chapter 71 is hereby further amended by inserting after section 38G½ the following section:-
Section 38G¾. (a) To promote a diverse educator workforce, the department shall establish guidelines for plans to increase diversity among teaching, administration and staff positions of districts, as defined in section 2 of chapter 70, and charter schools, as defined in section 89. The guidelines shall be designed to help districts and schools achieve the following goals: (i) identifying and eliminating discriminatory barriers to hiring educators in a district or school; (ii) identifying, recruiting and hiring employees who are members of groups underrepresented in the educator workforce; (iii) developing, promoting and retaining employees who are members of groups underrepresented in the educator workforce; and (iv) promoting equal opportunity in employment for educators; provided, however, that in developing such guidelines, the department shall consult with relevant stakeholders, including experts and school leaders from public school districts and charter schools that have experienced significant increases in hiring and retaining diverse educators.
(b) The department shall establish a process for reviewing plans based on clearly defined criteria; provided, however, that a public school district or charter school shall amend any plan deemed not to conform with the requirements of this section; and provided further, that a public school district or charter school shall be deemed to have satisfied the requirements of this section if it has prioritized diversity in its 3-year plan required by section 1S of chapter 69 or in any other strategic plan developed by the district, as determined by the department.
(c) The department shall require approved educator preparation programs to implement plans to examine and address barriers to equity in program enrollment and completion; provided, however, that the plans shall be required as part of the educator preparation program approval process and the department shall make each program’s plan publicly available. The department shall establish guidelines for educator preparation program plans.
(d) The department shall provide technical assistance to public school districts and charter schools related to their diversity plans.
(e) The board of elementary and secondary education shall review progress on educator diversity on a regular basis and may provide further recommendations to districts and schools regarding educator diversity.
SECTION 219. Said chapter 71 is hereby further amended by adding the following section:-
Section 101. (a) Public school districts and charter schools shall appoint or hire a diversity, equity and inclusion officer or establish a diversity team. The role and responsibilities of a diversity officer or team may be assigned to an existing school employee or existing school entity. A diversity officer or team shall report directly to the superintendent of the school. Diversity officers or teams shall coordinate their school district’s compliance with the requirements of this section and applicable federal and state laws. Each school district and charter school shall post information on its diversity officer or team on a publicly accessible website.
(b) Public school districts and charter schools shall establish a process for advising the school committee or board of trustees on matters of diversity, equity and inclusion in the school district or charter school which may include establishing an educator diversity council consisting of educators, administrators, parents or caregivers and students and which shall meet regularly with the superintendent or the diversity officer or teams and the school committee or board of trustees. For such councils that are established, members shall, to the best ability of a school district or charter school, represent a diversity of identities including, but not limited to, race, ethnicity, culture, immigration status, sex, gender, sexual orientation, religion, disability and socioeconomic level. The school committee or board of trustees may appoint a member of the committee to serve as an ex-officio member of the educator diversity council.
(c) Pursuant to guidelines established by the Massachusetts commission against discrimination, in consultation with the department, superintendents, school committee members, boards of trustees members, district leaders, principals and school district employees shall attend diversity and implicit bias training every 5 years; provided, however, that training completed during certification or recertification pursuant to section 38G shall satisfy this requirement for the year in which the training was completed.
SECTION 220. Section 18 of chapter 74 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
The department of elementary and secondary education shall establish basic competency-based vocational-technical teacher training standards which shall serve as the fundamental, pedagogical requirements for beginning vocational-technical instructors. The department shall further require that all persons seeking to meet the department's requirements shall have successfully passed performance and written tests in areas as determined by the board or shall have satisfied alternative measures of proficiency established by the board and shall have successfully completed an approved seminar on teaching skills and methods.
Governor returned the following sections with recommendation of amendment, for message see House, No. 5112
SECTION 221. Section 34A of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 102, the words “at least twenty thousand dollars” and inserting in place thereof the following words:- not less than $25,000.
SECTION 222. Said section 34A of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 104 and 105, the words “at least forty thousand dollars” and inserting in place thereof the words:- not less than $50,000.
SECTION 223. Section 34O of said chapter 90, as so appearing, is hereby amended by striking out, in line 17, the words “five thousand dollars” and inserting in place thereof the following figure:- $30,000.
SECTION 224. Chapter 111 of the General Laws is hereby amended by striking out section 27D, as so appearing, and inserting in place thereof the following section:-
Section 27D. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Board of health”, any body politic or political subdivision of the commonwealth that acts as a board of health, public health commission or a health department for a municipality, region or district including, but not limited to, municipal boards of health, regional health districts established pursuant to section 27B and boards of health that share services pursuant to section 4A of chapter 40.
“Foundational capabilities”, cross-cutting skills and capacities needed to support basic public health programs and other protections and activities including, but not limited to: (i) assessment and surveillance; (ii) emergency preparedness and response; (iii) policy development; (iv) communications; (v) community partnership development; (vi) organizational administrative competences; (vii) data-driven interventions; or (viii) accountability and performance management.
“Foundational public health services”, a nationally recognized framework for a minimum set of public health service, including, but not limited to, public health programs and foundational capabilities.
“Public health programs”, programs that include, but shall not be limited to: (i) communicable disease control; (ii) public health nursing services; (iii) epidemiology; (iv) food and water protection; (v) chronic disease and injury prevention; (vi) environmental public health; (vii) maternal, child and family health; or (viii) access to and linkage with clinical care, where applicable.
(b) The department, in consultation with municipalities and other stakeholders, shall establish a state action for public health excellence program to: (i) provide uniform access for every resident to foundational public health services; provided, however, that foundational public health services shall further equity, including for historically underrepresented communities; (ii) assist boards of health in adopting practices to improve the efficiency and effectiveness of the delivery of foundational public health services; (iii) develop a set of standards for foundational public health services across the commonwealth; and (iv) promote and provide adequate resources for boards of health that shall include, but shall not be limited to: (A) supporting boards of health to meet the standards established pursuant to clause (iii) and pursuant to subsection (c) to improve municipal and regional health systems; (B) increasing cross-jurisdictional sharing of public health programs to strengthen the service delivery capabilities of municipal and regional public health systems; (C) improving planning and system accountability of municipal and regional public health systems, including, but not limited to, statewide data collection and reporting systems; (D) establishing workforce credentialing standards, including, but not limited to, education and training standards for municipal and regional public health officials and staff; and (E) expanding access to professional development, training and technical assistance for municipal and regional public health officials and staff.
(c) The standards for local foundational public health services developed pursuant to clause (iii) of subsection (b) shall include, but not be limited to: (i) standards for inspections, epidemiology and communicable disease investigation and reporting, permitting and other local public health responsibilities as required by law or under regulations of the department or the department of environmental protection; (ii) workforce education, training and credentialing standards; and (iii) standards for contributing required data. The standards shall consider applicable national standards and shall be developed in consultation with local boards of health, public health organizations, academic experts in the field of public health and members of the special commission on local and regional public health established in chapter 3 of the resolves of 2016.
(d)(1) Subject to appropriation, boards of health shall implement and comply with the standards developed pursuant to subsections (b) and (c), individually or through cross-jurisdictional sharing of public health programs in the form of comprehensive public health districts, formal shared services or other arrangements for sharing public health programs.
(2) Annually, not later than August 31, boards of health shall submit a report to the department, which shall include information demonstrating compliance with the standards pursuant to subsections (b) and (c) during the preceding fiscal year.
(e) Subject to appropriation, the department and the department of environmental protection shall, according to each agency’s jurisdiction and authority, provide comprehensive core public health educational and training opportunities and technical assistance to municipal and regional public health officials and staff to support such officials in obtaining credentials and foundational capabilities required by the standards developed pursuant to subsections (b) and (c); provided, however, that such educational and training opportunities and technical assistance shall be offered in diverse geographic locations throughout the commonwealth or online. The department and the department of environmental protection may contract with other state agencies or external entities to provide said educational and training opportunities and technical assistance and shall provide such training opportunities and technical assistance free of charge.
(f)(1) Subject to appropriation, the department shall provide funds to boards of health to implement and comply with the standards developed pursuant to subsections (b) and (c), including through cross-jurisdictional sharing of public health programs in the form of comprehensive public health districts, formal shared services and other arrangements for sharing public health programs.
(2) The funds under this subsection may be used to provide:
(i) grants and technical assistance to municipalities that demonstrate limited operational capacity to meet local public health responsibilities as required by law or regulations;
(ii) competitive grants to increase the efficiency and effectiveness of the delivery of public health programs across not less than 2 municipalities through:
(A) expanding shared services arrangements to include more municipalities;
(B) expanding shared services arrangements to provide a more comprehensive and equitable set of public health programs or sustainable business model; or
(C) supporting new cross-jurisdictional sharing arrangements; provided, however, that grants provided pursuant to this clause shall supplement and shall not replace existing state, local, private or federal funding to boards of health and regional health districts; provided further, that boards of health shall apply for funds pursuant to this clause in a manner determined by the department; provided further, that the application shall include, but not be limited to: (I) a description of how the applicant will increase the efficiency and effectiveness in the delivery of public health programs; (II) certification by the applicant that, at the time of the application, the applicant meets or will use funding to meet workforce standards as determined by the department; (III) certification that the applicant shall submit written documentation on the implementation of systems to increase efficiency in providing local public health programs, including data, to the department in a manner to be prescribed by the department; and (IV) the applicant’s plan for the long-term sustainability of strengthening local public health programs; provided further, that the department shall adopt rules, regulations or guidelines for the administration and enforcement of this clause including, but not limited to, establishing applicant selection criteria, funding priorities, application forms and procedures, grant distribution and other requirements; and provided further, that not less than 33 per cent of the grants awarded shall be distributed to municipalities with a median household income below the median income of the commonwealth; and
(iii) annual noncompetitive funding to ensure that all residents of the commonwealth are provided with foundational public health services that meet or exceed the standards set pursuant to this section; provided, however, that funds provided pursuant to this clause shall be distributed based on the level of implementation of the standards established in this section and using a formula based on population, level of cross-jurisdictional sharing and sociodemographic data; provided further, that to receive funding pursuant to this clause, a board of health shall submit an annual report to the department and the department of environmental protection that: (A) demonstrates progress or implementation of the standards; and (B) confirms that funding provided pursuant to this clause shall supplement and shall not replace existing state, local, private or federal funding to boards of health and regional health districts; provided further, that the report shall not require data that is otherwise reported to the department under subsection (d); provided further, local governments shall be granted relief from the department for good cause, including, but not limited to economic or fiscal hardship; and provided further, that data demonstrating implementation and compliance with the standards shall be submitted in a form prescribed by the department.
(g) Subject to appropriation, the department shall develop a system to provide for increased standardization, integration and unification of public health reporting and systems for the measuring of standard responsibilities of boards of health including, but not limited to, inspections, code enforcement, communicable disease management and local regulations. The system shall be developed in coordination with the department of environmental protection. If feasible and in compliance with state and federal privacy requirements, the data and an analysis of the data shall be available on the department’s website; provided, however, that any such published data shall exclude personal identifying information.
(h) Annually, the department shall estimate the amount of funds necessary to meet the requirements of this section for the upcoming fiscal year. The department shall report the estimate to the secretary of administration and finance and the house and senate committees on ways and means for the upcoming fiscal year in advance of the day assigned for submission of the budget by the governor to the general court pursuant to section 7H of chapter 29 and shall publish the estimate on the department’s website.
(i) If an outbreak of a disease or health care situation important to the public health occurs, as determined by the commissioner or the commissioner of environmental protection, affecting more than 1 board of health, the department may coordinate the affected boards of health, assemble and share data on affected residents and organize the public health response within and across the affected communities.
(j) Biennially, not later than December 1, in every even numbered year, the department, in consultation with the department of environmental protection, shall submit a report detailing the impact of the state action for public health excellence program established in subsection (b), the status of the local public health programs and their ability to meet the requirements of this section including, but not limited to: (i) the number of board of health and regional health district officials and staff that meet workforce standards as determined by the department; (ii) the number of board of health and regional health district officials and staff that attended educational and training opportunities; (iii) the number of boards of health and regional health districts that are in compliance with data reporting requirements of this section; and (iv) the number of municipalities participating in regional public health collaborations. In preparing the report, the department shall consult with the department of environmental protection. The report shall be filed 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 public health and be publicly posted on the websites of the department and the department of environmental protection.
(k) Notwithstanding any general or special law to the contrary, if the commissioner, the commissioner of environmental protection or their authorized representatives determine that failure to meet standards established in subsections (b) and (c) in a timeframe consistent with the timeframe established in subsection (d) constitutes a threat to public health, they shall, in writing, notify the appropriate board of health of such determination and request that the board of health, in writing, notify the department of actions taken to effect appropriate protection. If the commissioner is not so notified or, if after notification, the commissioner determines the such actions are not sufficient to protect public health, the department may restrict future funding provided under clause (iii) of subsection (f) and shall report these insufficiencies in its report issued under subsection (j).
(l) Nothing in this section shall limit the authority or responsibility of a board of health as otherwise established pursuant to the General Laws including, but not limited to, section 127A.
SECTION 225. Said chapter 111 is hereby further amended by striking out section 243, as so appearing, and inserting in place thereof the following section:-
Section 243. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Parkinson’s disease”, a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of specific degenerative changes in the area of the brain called the basal ganglia, characterized by tremor at rest, slow movements, muscle rigidity, stooped posture and unsteady or shuffling gait.
“Parkinsonisms”, related conditions that cause a combination of the movement abnormalities seen in Parkinson's disease, including tremor at rest, slow movement, muscle rigidity, impaired speech or muscle stiffness which often overlap with and can evolve from what appears to be Parkinson’s disease; provided, however, that “Parkinsonisms” shall include, but not be limited to: Multiple System Atrophy, Dementia with Lewy Bodies, Corticobasal Degeneration and Progressive Supranuclear Palsy.
(b) The department shall, subject to appropriation, establish a registry to record cases of Parkinson’s and Parkinsonisms that occur in residents of the commonwealth and such information concerning these cases as it shall deem necessary and appropriate in order to determine the incidence and prevalence of such diseases.
(c) The registry and system of collection and dissemination of information shall be under the direction of the commissioner, who may enter into contracts, grants or other agreements as are necessary for the conduct of the program.
(d) All patients diagnosed with Parkinson’s disease or related Parkinsonisms shall be provided a written and oral notice regarding the collection of information and patient data on Parkinson’s disease and related Parkinsonisms. Patients who do not wish to participate in the collection of data for purposes of research in this registry shall affirmatively opt out in writing after an opportunity to review the documents and ask questions. No patient shall be required to participate in this registry and patients may change their data collection participation status at any time by submitting a request in writing.
(e) The department shall establish a system for the collection and dissemination of information determining the incidence and prevalence of Parkinson’s disease and related Parkinsonisms. The department shall designate Parkinson’s disease and related Parkinsonisms as diseases required to be reported in the commonwealth or any part of the commonwealth.
All cases of Parkinson’s disease and related Parkinsonisms diagnosed or treated in the commonwealth shall be reported to the department; provided, however, that the mere incidence of a patient with Parkinson’s disease or a related Parkinsonism shall be the sole required information for this registry for any patient who chooses not to participate. For the subset of patients who choose not to participate, no further data shall be reported to the registry.
The department may create, review and revise a list of data points required as part of mandated Parkinson’s disease reporting under this section. The list shall include, but not be limited to, necessary triggering diagnostic conditions, consistent with the latest World Health Organization’s International Statistical Classification of Diseases and Related Health Problems and resulting case data including, but not limited to, diagnosis, treatment and survival.
The department may implement and administer this subsection through a bulletin or similar instruction to providers without taking regulatory action.
(f) The department shall provide notification of the mandatory reporting of Parkinson’s disease and Parkinsonism on its website and may also provide that information to professional associations representing physicians, nurse practitioners and hospitals not less than 90 days prior to requiring information be reported.
(g) Any hospital, facility, physician, surgeon, physician assistant or nurse practitioner who diagnoses or is responsible for providing primary treatment to Parkinson’s disease or Parkinsonism patients shall report each case of Parkinson’s disease and Parkinsonisms as required by subsection (e) to the department in a format prescribed by the department. The department may enter into data sharing contracts with data reporting entities and their associated electronic medical record systems vendors to securely and confidentially receive information related to Parkinson’s disease testing, diagnosis and treatment.
(h) The department may enter into agreements to furnish data collected in this registry to other states’ Parkinson’s disease registries, federal Parkinson’s disease control agencies, local health officers or health researchers for the study of Parkinson’s disease; provided, however, that before confidential information is disclosed to those agencies, officers, researchers or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information and, in the case of researchers, shall:
(i) obtain approval of their committee for the protection of human subjects established in accordance with 45 C.F.R. 46; and
(ii) provide documentation to the department that demonstrates to the department’s satisfaction that the entity has established the procedures and has the ability to maintain the confidentiality of the information.
(i) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. To ensure privacy, the department shall promulgate a coding system that removes any identifying information about the patient.
(j) Notwithstanding any general or special law to the contrary, a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose and not be further disclosed.
The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency or entity furnishing such information to liability and shall not be considered a waiver of any privilege or a violation of a confidential relationship.
(k) The department shall maintain an accurate record of all persons who are given access to confidential information under this section. The record shall include: (i) the name of the person authorizing access; (ii) the name, title, address and organizational affiliation of persons given access; (iii) dates of access; and (iv) the specific purpose for which such confidential information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.
(l) Notwithstanding any general or special law to the contrary, confidential information under this section shall not be available for subpoena and shall not be disclosed, subject to discovery or compelled to be produced in any civil, criminal, administrative or other proceeding. Such confidential information shall not be deemed admissible as evidence in any civil, criminal, administrative or other tribunal or court for any reason.
This subsection shall not prohibit the publication by the department of reports and statistical compilations that do not identify individual cases or individual sources of information.
Notwithstanding the restrictions in this subsection, the individual to whom the information pertains shall have access to such information.
(m) This section shall not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinson’s disease or related Parkinsonisms to maintain their own facility-based Parkinson’s disease or Parkinsonisms registries.
(n) Annually, the department shall report to the house and senate committees on ways and means and the joint committee on public health, a program summary update on the incidence and prevalence of Parkinson’s and related Parkinsonisms in the commonwealth, delineated by county, and including the number of records that have been included and reported into the registry and demographic information such as patients, by age, gender and race. The report shall be published in a downloadable format on the department’s webpage or on a dedicated webpage for the registry.
(o) The department shall create and maintain a webpage titled “An overview from the Massachusetts Parkinson’s Research Registry” within the department’s public information website to allow public access to information related to the registry, the yearly program summary required by this section and any other relevant or helpful information related to the registry. This information may be published in any form deemed appropriate by the department.
SECTION 226. Chapter 112 of the General Laws is hereby amended by striking out section 9, as so appearing, and inserting in place thereof the following section:-
Section 9. (a) (1) An applicant for limited registration under this section may, upon payment of a fee to be determined annually by the secretary of administration and finance under section 3B of chapter 7, be registered by the board of registration of medicine as an intern, fellow or medical officer for such time as it may subscribe if the applicant furnishes to the board with satisfactory proof that:
(i) the applicant is at least 18 years of age and of good moral character;
(ii)(A) the applicant has creditably completed 2 years of a premedical course of study at an accredited college or university and not less than 3½ years of study in a legally chartered medical school in the United States or Canada having the power to grant degrees in medicine; (B) if not enrolled in or a graduate of a legally chartered medical school in the United States or Canada, the applicant is the holder of a standard certificate granted after an examination by the Education Commission for Foreign Medical Graduates unless granted an exemption by the board; or (C) the applicant has completed a minimum of 2 years of premedical education at an accredited college or university in the United States, Canada or Puerto Rico or, if the applicant has studied medicine in a medical school outside the United States, Canada or Puerto Rico that is recognized by the World Health Organization, has completed all the formal requirements for the degree corresponding to doctor of medicine, except internship and social service and has completed 1 year of clinical clerkship approved by the liaison committee on medical education of the American Medical Association; and
(iii)(A) the applicant has been appointed as an intern, fellow or medical officer in: (1) a hospital or other institution of the commonwealth or a county or municipality thereof; (2) a hospital or clinic that is incorporated under the laws of the commonwealth; (3) a clinic that is affiliated with a hospital licensed by the department of public health under section 71 of chapter 111; (4) an outpatient clinic operated by the department of mental health; (5) the department of public health for duty in clinics or in programs operated or approved by the department of public health; or (6) programs approved by the board of registration in medicine and leading toward certification by specialty boards recognized by the American Medical Association; or
(B) the applicant has applied to participate in the medical assistance program administered by the secretary of health and human services under chapter 118E and Title XIX of the Social Security Act and any federal demonstration or waiver relating to the medical assistance program for the limited purpose of ordering and referring services covered under the program if regulations governing such limited participation are promulgated under section 37 of said chapter 118E.
(2) A person with a limited registration under this section may practice medicine only in: (i) the hospital, institution, clinic or program designated on the applicant’s certificate of limited registration or outside such hospital, institution, clinic or program under the supervision of 1 of its medical officers who is a duly registered physician for the treatment of persons accepted by such hospital, institution, clinic or program as patients; or (ii) any hospital, institution, clinic or program affiliated for training purposes with the hospital, institution, clinic or program designated on the certificate, which affiliation shall be approved by the board and pursuant to regulations established by the hospital, institution, clinic or program. The name of the hospital, institution, clinic or program so affiliated and so approved shall be indicated on the certificate. Limited registration under this section may be revoked at any time by the board.
(b) Notwithstanding this section, an internationally-trained physician who has been licensed or otherwise authorized to practice medicine in a country other than the United States shall be eligible to apply for a limited license to practice medicine for a 1-year term after satisfying the criteria in paragraph (2) of subsection (c); provided, however, that the 1-year limited license shall not be renewed more than once; and provided further, that such limited registration shall provide a pathway for the issuance of a full unrestricted license to practice medicine in accordance with, and upon satisfaction of, the criteria in paragraph (3) of said subsection (c).
(c)(1) For the purposes of this subsection, the following words shall have the following meanings unless the context clearly requires otherwise:
“Commission”, the Educational Commission for Foreign Medical Graduates.
“Internationally-trained physician”, a physician who has received a degree of doctor of medicine or its equivalent from a legally chartered medical school outside the United States and recognized by the World Health Organization and who has been licensed or otherwise authorized to practice medicine in a country other than the United States and who has practiced medicine for at least 1 year.
“Licensing exam”, the United States Medical Licensing Examination.
“Participating healthcare facility”, a federally-qualified health center, community health center, hospital or other healthcare facility approved by the board that provides an assessment and evaluation program designed to develop, assess and evaluate an internationally-trained physician’s nonclinical skills according to criteria developed or approved by the board; provided, that a participating healthcare facility shall provide medical care in a physician shortage area.
“Physician shortage area”, a geographic region or population in the commonwealth experiencing a shortage of physicians, especially primary care physicians or psychiatrists, relative to population and need; provided, however, that the health care workforce center or its equivalent in the department of public health shall assist the board in determining the regions or populations comprising a “physician shortage area”.
(2) The board shall issue a limited license to an applicant if the participating facility and the applicant submit evidence acceptable to the board that the applicant: (i) is an internationally-trained physician; (ii) has a valid certificate issued by the commission or other credential evaluation service approved by the board; provided, however, that the board may waive such certification if the applicant is unable to obtain the required documentation from a noncooperating country; (iii) has achieved a passing score on Step 1 and Step 2-Clinical Knowledge of the Licensing Exam; (iv) has entered into an agreement with the participating healthcare facility providing that the facility shall develop, assess and evaluate the applicant’s familiarity with nonclinical skills and standards appropriate for medical practice in the commonwealth according to assessment and evaluation criteria developed or approved by the board; (v) shall enter a full-time full employment relationship with the participating facility after the board issues a limited license to practice medicine to the applicant; and (vi) has satisfied other criteria that may be developed by the board to implement this subsection.
(3) An internationally-trained physician who provides the board with proof of: (i) successful completion of the participating facility’s assessment and evaluation program; (ii) a passing score on Step 3 of the Licensing Exam; and (iii) any additional prerequisites that the board may require, may apply for a renewable 2-year restricted license to practice medicine only in a physician shortage area; provided, however, that a 2-year restricted license shall not be renewed more than once; and provided further, that any additional prerequisites for eligibility shall not include post-graduate clinical training and that the restricted license shall authorize the holder to practice independently in a primary care specialty, psychiatry or other specialty as may be approved by the board. After 2 years of restricted practice, the internationally-trained physician may apply for a full, unrestricted license to practice medicine.
SECTION 227. Section 79 of said chapter 112, as so appearing, is hereby amended by adding the following 2 sentences:- The board may assess a licensed nurse a penalty of not more than $2,000 for each violation of regulations promulgated pursuant to this section and for each violation of any general law that governs the practice of nursing. The board, through regulation, shall ensure that any fine levied is commensurate with the severity of the violation.
SECTION 228. Said chapter 112 is hereby further amended by inserting after section 91 the following section:-
Section 91A. (a) For the purposes of this section, “preceptor chiropractor” shall mean a registered chiropractor authorized to practice chiropractic in the commonwealth who is: (i) designated by an approved chiropractic school or college as an instructor; and (ii) the chiropractor of record at the chiropractic facility to which a student extern is assigned.
(b) An individual that is a current student enrolled in the final academic year at a chiropractic school or college approved by the board may practice the full scope of chiropractic under the direct supervision of a preceptor chiropractor; provided, that the student extern shall have: (i) completed all academic and clinical class requirements for the degree of doctor of chiropractic from a chiropractic school or college approved by the board; and (ii) passed at least 3 of the 4 levels of the examinations administered by the National Board of Chiropractic Examiners.
(c) The student extern shall practice under the direct supervision and license of the preceptor chiropractor and shall not be authorized to sign legal documents generally signed by the preceptor chiropractor; provided, however, that the board, in its discretion, may authorize a student extern to practice chiropractic pursuant to this section at more than 1 chiropractic facility. An individual may be authorized by the board to practice chiropractic as a student extern for not less than 4 weeks and not more than 16 weeks during the student’s final academic year.
SECTION 229. The General Laws are hereby amended by inserting after chapter 112 the following chapter:-
CHAPTER 112A.
NURSE LICENSURE COMPACT.
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Adverse action”, an administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual’s license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice or any other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance of a cease and desist action.
“Alternative program”, a non-disciplinary monitoring program approved by a licensing board.
“Compact” or “Nurse Licensure Compact”, the legally binding agreement between party states as adopted by the National Council of State Boards of Nursing Nurse Licensure Compact in its Final Version dated May 4, 2015, and entered into by the commonwealth in accordance with this chapter.
“Coordinated licensure information system”, an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.
“Current significant investigative information”, (i) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or (ii) investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
“Encumbrance”, a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.
“Home state”, the party state which is the nurse’s primary state of residence.
“Interstate commission”, the Interstate Commission of Nurse Licensure Compact Administrators as established in section 6 of this chapter.
“Licensing board”, a party state’s regulatory body responsible for issuing nurse licenses.
“Multistate license”, a license to practice as a registered nurse, a licensed practical or vocational nurse issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.
“Multistate licensure privilege”, a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse, a licensed practical or vocational nurse in a remote state.
“Nurse”, a registered nurse, a licensed practical or vocational nurse, as those terms are defined by each party state’s practice laws.
“Party state”, the commonwealth and any other state that has adopted this compact.
“Remote state”, a party state other than the home state.
“Single-state license”, a license issued by a party state that authorizes the practice of nursing only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.
“State”, a state, territory or possession of the United States and the District of Columbia.
“State practice laws”, a party state’s laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice and establish the methods and grounds for imposing discipline; provided, however, that “State practice laws” do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
Section 2. (a) A multistate license to practice as a nurse issued by a home state to a resident in that state shall be recognized by each party state as authorizing a nurse to practice as a registered nurse, a licensed practical or vocational nurse under a multistate licensure privilege in each party state.
(b) A state shall implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
(c) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:
(i) the applicant shall meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws;
(ii) (A) the applicant shall have graduated or is eligible to graduate from a licensing board-approved registered nurse or practical or vocational nurse pre-licensure education program; or (B) has graduated from a foreign registered nurse or practical or vocational nurse pre-licensure education program that: (1) has been approved by the authorized accrediting body in the applicable country; and (2) has been verified by an independent credentials review agency to be comparable to a licensing board-approved pre-licensure education program;
(iii) if a graduate of a foreign pre-licensure education program not taught in English or if English is not the individual’s native language, the applicant shall have successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening;
(iv) the applicant has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized predecessor, as applicable;
(v) the applicant is eligible for or holds an active, unencumbered license;
(vi) the applicant has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;
(vii) the applicant has not been convicted or found guilty, or entered into an agreed disposition, of a felony offense under applicable state or federal law;
(viii) the applicant has not been convicted or found guilty, or entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
(ix) the applicant is not currently enrolled in an alternative program;
(x) the applicant is subject to self-disclosure requirements regarding current participation in an alternative program; and
(xi) the applicant has a valid United States Social Security number.
(d) All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse’s multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse’s authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
(e) A nurse practicing in a party state shall comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.
(f) Individuals not residing in a party state shall continue to be able to apply for a party state’s single-state license as provided by the laws of each party state; provided, however, that the single-state license granted to these individuals shall not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single-state license.
(g) A nurse holding a home state multistate license on the effective date of this compact in the commonwealth may retain and renew the multistate license issued by the nurse’s then-current home state; provided, however, that:
(i) a nurse who changes primary state of residence after this compact’s effective date in the commonwealth shall meet all applicable requirements of this section to obtain a multistate license from a new home state.
(ii) a nurse who fails to satisfy the multistate licensure requirements of this section due to a disqualifying event occurring after this compact’s effective date in the commonwealth shall not be eligible to retain or renew a multistate license and the nurse’s multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the interstate commission.
Section 3. (a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.
(b) A nurse may hold a multistate license, issued by the home state, in only 1 party state at a time.
(c) If a nurse changes primary state of residence by moving between 2 party states, the nurse shall apply for licensure in the new home state, and the multistate license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the interstate commission.
(1) The nurse may apply for licensure in advance of a change in primary state of residence.
(2) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
(d) If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state shall convert to a single-state license and shall be valid only in the former home state.
Section 4. (a) In addition to the other powers conferred by state law, a licensing board may:
(i) take adverse action against a nurse’s multistate licensure privilege to practice within that party state; provided however, that only the home state may to take adverse action against a nurse’s license issued by the home state; and provided further that for purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state and in so doing, the home state shall apply its own state laws to determine appropriate action;
(ii) issue cease and desist orders or impose an encumbrance on a nurse’s authority to practice within that party state;
(iii) complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations; provided however, that the licensing board may take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system; and provided further, that the administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions;
(iv) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence; provided, however, that subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or for the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedures of that court applicable to subpoenas issued in proceedings pending before it; and provided further that the issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located;
(v) obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions;
(vi) if otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse; and
(vii) take adverse action based on the factual findings of the remote state; provided, however, that the licensing board follows its own procedures for taking such adverse action.
(b) If adverse action is taken by the home state against a nurse’s multistate license, the nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse’s multistate license shall include a statement that the nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the order.
(c) Nothing in this compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.
Section 5. (a) All party states shall participate in a coordinated licensure information system of all licensed registered nurses and licensed practical or vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
(b) The interstate commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact.
(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse actions against a nurse, any current significant investigative information, denials of applications with the reasons for such denials and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.
(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
(h) The compact administrator of each party state shall furnish a uniform data set relative to nurses to the compact administrator of each other party state, which shall include, at a minimum:
(i) identifying information;
(ii) licensure data;
(iii) information related to alternative program participation; and
(iv) any other information that may facilitate the administration of this compact as determined by interstate commission rules.
The compact administrator of a party state shall provide all investigative documents and information requested by another party state.
Section 6. (a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators which shall be an instrumentality of the party states.
Venue is proper and judicial proceedings by or against the interstate commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the interstate commission is located; provided, however, that the interstate commission may waive venue and jurisdictional defenses to the extent that it adopts or consents to participate in alternative dispute resolution proceedings.
Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b)(1) Each party state shall have only 1 administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the interstate commission shall be filled in accordance with the laws of the party state in which the vacancy exists.
(2) Each administrator shall be entitled to 1 vote with regard to the promulgation of rules and creation of by-laws and shall otherwise have an opportunity to participate in the business and affairs of the interstate commission. An administrator shall vote in person or by such other means as provided in the by-laws. The by-laws may provide for an administrator’s participation in meetings by telephone or other means of communication.
(3) The interstate commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the by-laws or rules of the interstate commission.
(4) All meetings shall be open to the public and public notice of meetings shall be given in the same manner as required under any rules promulgated under section 7.
(5) The interstate commission may convene in a closed, nonpublic meeting if the subject of the meeting before the interstate commission is in regard to:
(i) noncompliance of a party state with its obligations under this compact;
(ii) the employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the interstate commission’s internal personnel practices and procedures;
(iii) current, threatened or reasonably anticipated litigation;
(iv) negotiation of contracts for the purchase or sale of goods, services or real estate;
(v) accusing any person of a crime or formally censuring any person;
(vi) disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(vii) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(viii) disclosure of investigatory records compiled for law enforcement purposes;
(ix) disclosure of information related to any reports prepared by or on behalf of the interstate commission for the purpose of investigation of compliance with this compact; or
(x) matters specifically exempted from disclosure by federal or state statute.
(6) If a meeting, or portion of a meeting, is closed pursuant to this section, the interstate commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The interstate commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission or on order of a court of competent jurisdiction.
(c) The interstate commission shall, by a majority vote of the administrators, prescribe by-laws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact including, but not limited to:
(i) establishing the fiscal year of the interstate commission;
(ii) providing reasonable standards and procedures for:
(A) the establishment and meetings of other committees; and
(B) governing any general or specific delegation of any authority or function of the interstate commission;
(iii) providing reasonable procedures for calling and conducting meetings of the interstate commission with reasonable advance notice of all meetings and providing an opportunity for attendance at such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets; provided, however, that the interstate commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the interstate commission shall make public a copy of the vote to close the meeting, revealing the vote of each administrator, with no proxy votes allowed;
(iv) establishing the titles, duties and authority and reasonable procedures for the election of the officers of the interstate commission;
(v) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission; provided, however, that notwithstanding any civil service or other similar laws of any party state, the by-laws shall exclusively govern the personnel policies and programs of the interstate commission; and
(vi) providing a mechanism for winding up the operations of the interstate commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations.
(d) The interstate commission shall publish its by-laws and rules and any amendments thereto in a convenient form on its website.
(e) The interstate commission shall maintain its financial records in accordance with the by-laws.
(f) The interstate commission shall meet and take such actions as are consistent with this compact and the by-laws.
(g) The interstate commission may:
(i) promulgate uniform rules to facilitate and coordinate implementation and administration of this compact; provided, however, that such rules shall have the force and effect of law and shall be binding in all party states;
(ii) bring and prosecute legal proceedings or actions in the name of the interstate commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;
(iii) purchase and maintain insurance and bonds;
(iv) borrow, accept or contract for services of personnel including, but not limited to, employees of a party state or nonprofit organizations;
(v) cooperate with other organizations that administer state compacts related to the regulation of nursing including, but not limited to, sharing administrative or staff expenses, office space or other resources;
(vi) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact and establish the interstate commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(vii) accept all appropriate donations, grants and gifts of money, equipment, supplies, materials and services and receive, utilize and dispose of the same; provided, however, that the interstate commission shall avoid any appearance of impropriety or conflict of interest;
(viii) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, whether real, personal or mixed; provided, however, that the interstate commission shall avoid any appearance of impropriety or conflict of interest;
(ix) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;
(x) establish a budget and make expenditures;
(xi) borrow money;
(xii) appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives and consumer representatives and other such interested persons;
(xiii) provide and receive information from, and to cooperate with, law enforcement agencies;
(xiv) adopt and use an official seal; and
(xv) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.
(h)(1) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(2) The interstate commission may levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the interstate commission, by regulations which shall be binding upon all party states.
(3) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same. The interstate commission shall not pledge the credit of any of the party states, except by and with the authority of such party state.
(4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established in its by-laws. All receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and a report of the audit shall be included in and become part of the annual report of the interstate commission.
(i) (1) The administrators, officers, executive director, employees and representatives of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing that any such actual or alleged act, error or omission had occurred, within the scope of interstate commission employment, duties or responsibilities. Nothing in this paragraph shall provide immunity to any such person for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of such person.
(2) The interstate commission shall defend any administrator, officer, executive director, employee or representative of the interstate commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities or that the person against whom the claim is made had a reasonable basis for believing any such actual or alleged act, error or omission had occurred within the scope of interstate commission employment, duties or responsibilities and the actual or alleged act, error or omission did not result from that person’s intentional, willful or wanton misconduct. Nothing herein shall prohibit any such person from retaining counsel at such person’s own expense.
(3) The interstate commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the interstate commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.
Section 7. (a) The interstate commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted hereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions in this compact.
(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the interstate commission.
(c) Prior to promulgation and adoption of a final rule by the interstate commission, and at least 60 days in advance of the meeting at which any such rule will be considered and voted upon, the interstate commission shall file a notice of proposed rulemaking on the website of:
(i) the interstate commission; and
(ii) each licensing board or the publication in which each state would otherwise publish proposed rules.
(d) The notice of proposed rulemaking shall include:
(i) the proposed time, date and location of the meeting in which the rule will be considered and voted upon;
(ii) the text of the proposed rule or amendment and the reason therefor;
(iii) a request for comments on the proposed rule from any interested person; and
(iv) the manner in which interested persons may submit notice to the interstate commission of their intention to attend the public hearing and any written comments.
(e) Prior to adoption of a proposed rule, the interstate commission shall allow persons to submit written data, facts, opinions and arguments which shall be made available to the public.
(f) The interstate commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.
(g) The interstate commission shall publish the place, time and date of the scheduled public hearing.
(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings shall be recorded and a copy of such recording shall be made available upon request.
(2) Nothing in this section shall require a separate hearing on each rule. Rules may be grouped for the convenience of the interstate commission at hearings required by this section.
(h) If no person appears at the public hearing, the interstate commission may proceed with promulgation of the proposed rule.
(i) Following the scheduled hearing date or by the close of business on the scheduled hearing date if the hearing was not held, the interstate commission shall consider all written and oral comments received.
(j) The interstate commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule based on the rulemaking record and the full text of the rule.
(k) Upon determination that an emergency exists, the interstate commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided, however, that the usual rulemaking procedures provided herein shall be retroactively applied to the rule as soon as reasonably possible but not later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that requires adoption immediately to:
(i) meet an imminent threat to public health, safety or welfare;
(ii) prevent a loss of interstate commission or party state funds; or
(iii) meet a deadline for the promulgation of an administrative rule that is required by federal law.
(l) The interstate commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency and grammatical errors. Public notice of any revisions shall be posted on the website of the interstate commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the interstate commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision shall not take effect without the approval of the interstate commission.
Section 8. (a)(1) Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact’s purposes and intent.
(2) The interstate commission may receive service of process in any proceeding that may affect the powers, responsibilities or actions of the interstate commission and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the interstate commission shall render a judgment or order void as to the interstate commission, this compact or any rules promulgated hereunder.
(b)(1) If the interstate commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the interstate commission shall:
(i) provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the interstate commission; and
(ii) provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state’s membership in this compact may be terminated upon an affirmative vote of a majority of the administrators and all rights, privileges and benefits conferred by this compact may be terminated on the date cited; provided, however, that a cure of the default shall not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the interstate commission to the governor of the defaulting state and to the executive officer of the defaulting state’s licensing board and each of the party states.
(4) A state whose membership in this compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The interstate commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the interstate commission and the defaulting state.
(6) The defaulting state may appeal the action of the interstate commission by petitioning the United States District Court for the District of Columbia or the federal district in which the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.
(c)(1) Upon request by a party state, the interstate commission shall attempt to resolve disputes related to the compact that arise among party states and between party and nonparty states.
(2) The interstate commission shall promulgate rules providing for mediation and binding dispute resolution for disputes, as appropriate.
(3) If the interstate commission cannot resolve disputes among party states arising under this compact:
(i) the party states may submit the issues in dispute to an arbitration panel, which shall be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute; and
(ii) the decision of a majority of the arbitrators shall be final and binding.
(d)(1) The interstate commission, in the reasonable exercise of its discretion, shall enforce this compact.
(2) By majority vote, the interstate commission may initiate legal action in the United States District Court for the District of Columbia or the federal district in which the interstate commission has its principal offices against a party state that is in default to enforce compliance with this compact and any rules and by-laws promulgated hereunder. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of litigation, including reasonable attorneys’ fees.
(3) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may pursue any other remedies available under federal or state law.
Section 9. (a) This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by not less than 26 states or December 31, 2018. All party states to this compact that were also were parties to the prior Nurse Licensure Compact, superseded by this compact, shall be deemed to have withdrawn from the prior compact within 6 months after the effective date of this compact.
(b) Each party state to this compact shall continue to recognize a nurse’s multistate licensure privilege to practice in that party state issued under the prior compact until such party state has withdrawn from the prior compact.
(c) Any party state may withdraw from this compact by enacting a law repealing the same. A party state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.
(d) A party state’s withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
(e) Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this compact.
(f) This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless it is enacted into the laws of all party states.
(g) Representatives of nonparty states to this compact shall be invited to participate in the activities of the interstate commission, on a nonvoting basis, prior to the adoption of this compact by all states.
Section 10. This compact shall be liberally construed to effectuate its purposes. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or if the applicability thereof to any government, agency, person or circumstance is held to be invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
Section 11. The executive director of the board of registration in nursing or a designee thereof shall be the administrator of the nurse licensure compact for the commonwealth.
Section 12. The board of registration in nursing shall adopt regulations in the same manner as all other states legally joining in the compact and may adopt additional regulations as necessary to implement this chapter.
Section 13. The board of registration in nursing may recover from a nurse the costs of investigation and disposition of cases resulting in any adverse disciplinary action taken against that nurse’s license or privilege to practice. Funds collected pursuant to this section shall be deposited in the Quality in Health Professions Trust Fund established in section 35X of chapter 10.
Section 14. The board of registration in nursing may take disciplinary action against the practice privilege of a registered nurse or of a licensed practical or vocational nurse practicing in the commonwealth under a license issued by the party state. The board’s disciplinary action may be based on disciplinary action against the nurse’s license taken by the nurse’s home state.
Section 15. In reporting information to the coordinated licensure information system under section 8 related to the nurse licensure compact, the board of registration in nursing may disclose personally identifiable information about the nurse, including the nurse’s social security number.
Section 16. Nothing in this chapter, including the entrance of the commonwealth into the nurse licensure compact, shall supersede existing labor laws.
Section 17. The commonwealth, its officers and employees, and the board of registration in nursing and its agents who act in accordance with this chapter shall not be liable for any act or omission in good faith while engaged in the performance of their duties under this chapter. Good faith shall not include willful misconduct, gross negligence or recklessness.
Section 18. As part of the licensure and background check process for a multistate license and to determine the suitability of an applicant for multistate licensure, the board of registration in nursing, prior to issuing any such multistate license, shall conduct a fingerprint-based check of the state and national criminal history databases, as authorized by 28 CFR 20.33 and Public Law 92-544.
Fingerprints shall be submitted to the identification section of the department of state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check, according to the policies and procedures established by the state identification section and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state identification section and the department of criminal justice information services for requests submitted by the board of registration in nursing as authorized in this section to ensure the continued suitability of these individuals for licensure. The department of criminal justice information services may disseminate the results of the state and national criminal background checks to the executive director of the board of registration in nursing and authorized staff of the board.
All applicants shall pay a fee to be established by the secretary of administration and finance, in consultation with the secretary of public safety, to offset the costs of operating and administering a fingerprint-based criminal background check system. The secretary of administration and finance, in consultation with the secretary of public safety, may increase the fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited into the Fingerprint-Based Background Check Trust Fund established in section 2HHHH of chapter 29.
The board of registration in nursing may receive all criminal offender record information and the results of checks of state and national criminal history databases under Public Law 92-544. When the board of registration in nursing obtains the results of checks of state and national criminal history databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.
Notwithstanding subsections 9 and 9½ of section 4 of chapter 151B, if the board of registration in nursing receives criminal record information from the state or national fingerprint-based criminal background checks that includes no disposition or is otherwise incomplete, the agency head may request that an applicant for licensure provide additional information regarding the results of the criminal background checks to assist the agency head in determining the applicant’s suitability for licensure.
SECTION 230. Section 2 of chapter 128 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 78, the word “October” and inserting in place thereof the following word:- December.
SECTION 231. Section 5 of chapter 128A of the General Laws, as so appearing, is hereby amended by inserting after the word “racing”, in line 257, the following words:- or simulcasting under chapter 128C.
SECTION 232. Subsection (5) of section 2 of chapter 128C of the General Laws, as most recently amended by section 6 of chapter 26 of the acts of 2023, is hereby further amended by striking out the first 2 sentences and inserting in place thereof the following 2 sentences:- The running horse racing meeting licensees located in Suffolk county and Worcester county may simulcast at any location in Suffolk county or Worcester county, respectively, as approved by the commission: (a) unlimited running horse racing; and (b) on any day during the calendar year, unlimited harness horse racing, except during live racing performances of the harness horse racing licensee located in Norfolk county. The Suffolk county and Worcester county horse racing licensees shall simulcast the racing cards of the harness horse racing licensee located in Norfolk county and shall pay a fee of 11 per cent for the intrastate racing cards and shall pay a 2 per cent premium with respect to any interstate harness horse simulcasts received over and above the costs of obtaining such simulcasts, except during any 12 weeks per year chosen by the Suffolk county or Worcester county licensees and identified in their annual applications for a racing meeting license, during which no premium need be paid.
SECTION 233. Said chapter 128C is hereby further amended by adding the following section:-
Section 10. (a) Notwithstanding sections 1 to 8, inclusive, or any other general or special law to the contrary, no racing meeting licensee, including licensees holding racing meetings in connection with a state or county fair as defined in section 1 of chapter 128A, shall be required to pay any fees or other money into the greyhound capital improvements trust fund or the greyhound promotional trust fund.
(b) All amounts in the greyhound capital improvements trust fund and the greyhound promotional trust fund attributable to any greyhound dog racing meeting licensees shall be returned by the Massachusetts Gaming Commission to the licensees without further condition.
SECTION 234. Section 1 of chapter 130 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Close season” and inserting in place thereof the following definition:-
“Close season” or “closed season”, the time during which fish cannot lawfully be taken or a time or area when and where the use of fishing gear is prohibited.
SECTION 235. Said section 1 of said chapter 130, as so appearing, is hereby further amended by inserting after the definition of “Fish car” the following 2 definitions:-
“Fishing gear”, a trap, net, fish car or other device that: (i) is intact; (ii) functions as intended to take, hold or capture fish; and (iii) is in the water during open season.
“Fishing gear debris”, a trap, net, fish car or other device that: (i) is not intact; (ii) does not function as intended to take, hold or capture fish; and (iii) is in the water during closed season.
SECTION 236. Said section 1 of said chapter 130, as so appearing, is hereby further amended by striking out the definition of “Open season” and inserting in place thereof the following definition:-
“Open season”, the time during which fish may lawfully be taken or a time or area where the use of a particular fishing gear is permitted.
SECTION 237. Said chapter 130 is hereby further amended by striking out section 31, as so appearing, and inserting in place thereof the following section:-
Section 31. No person shall, without the consent of the owner, take, use, destroy, injure or molest fishing gear. The division, with the approval of the marine fisheries advisory commission and the department, shall promulgate regulations that may authorize or permit the removal of fishing gear debris from the waters under the jurisdiction of the commonwealth and the adjacent coastal shoreline; provided, however, that fishing gear debris collected by the division shall not be subject to chapter 134.
SECTION 238. Section 32 of said chapter 130 is hereby repealed.
SECTION 239. Chapter 138 of the General Laws is hereby amended by striking out section 15F, as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
Section 15F. (a) Notwithstanding any other provision of this chapter, the local licensing authority of any city or town in which the granting of licenses to sell alcoholic beverages is authorized in this chapter may issue to an applicant a special license to sell at an indoor or outdoor agricultural event: (i) wine produced by or for the applicant if the wine is in sealed containers for off-premises consumption and the applicant is authorized to operate a farmer-winery under section 19B; (ii) malt beverages produced by or for the applicant if the malt beverages are in sealed containers for off-premises consumption and the applicant is authorized to operate a farmer-brewery under section 19C or a pub brewery under section 19D; or (iii) distilled products produced by or for the applicant if the distilled product is in sealed containers for off-premises consumption and the applicant is authorized to operate a farmer-distillery under section 19E. For the purposes of this section, “agricultural event” shall be limited to those events certified by the department of agricultural resources pursuant to this section.
(b) Sales of alcoholic beverages under this section shall be conducted by the licensee or by an agent, representative or solicitor of the licensee to customers who are not less than 21 years of age. A licensee under this section may provide, at no charge, samples of its alcoholic beverages to prospective customers at an indoor or outdoor agricultural event; provided, however, that such samples shall be served by the licensee or by the agent, representative or solicitor of the licensee to individuals who are at least 21 years of age and shall be consumed in the presence of the licensee or the agent, representative or solicitor of the licensee; provided further, that a sample of: (i) wine shall not exceed 1 ounce; (ii) a distilled product shall not exceed 0.25 ounce; and (iii) a malt beverage shall not exceed 2 ounces; and provided further, that not more than 5 samples of wine or malt beverages and not more than 4 samples of distilled products shall be served to an individual prospective customer.
(c) An applicant for a special license under this section shall first submit a plan to the department of agricultural resources that shall demonstrate that the event is an agricultural event. The plan shall include: (i) a description of the event; (ii) the date, time and location of the event; (iii) a copy of the operational guidelines or rules for the event; (iv) written proof that the prospective licensee has been approved as a vendor at the event, including the name and contact information of the on-site manager; and (v) a plan depicting the premises and the specific location where the license shall be exercised.
(d) Upon review of the plan, the department may certify that the event is an agricultural event; provided, however, that in making that determination, the department shall consider: (i) operation as a farmers' market or agricultural fair approved or inspected by the department; (ii) the frequency and regularity of the event, including dates, times and locations; (iii) the number of vendors; (iv) the terms of vendor agreements; (v) the presence of an on-site manager; (vi) the training of the on-site manager; (vii) any operational guidelines or rules, which shall include vendor eligibility and produce source; (viii) the focus of the event on local agricultural products grown or produced within the market area; (ix) the types of shows or exhibits, including those described in subsection (f) of section 2 of chapter 128; and (x) the event’s sponsorship or operation by an agricultural or horticultural society organized under the laws of the commonwealth or by a local grange organization or association that has a primary purpose of promoting agriculture and its allied industries. The department of agricultural resources may promulgate rules and regulations necessary for the operation, oversight, approval and inspection of agricultural events under this section.
(e) In addition to its application, an applicant for a special license under this section shall file with the local licensing authority proof of certification from the department of agricultural resources that the event is an agricultural event. A special license under this section shall designate the specific premises and the dates and times covered. A special license may be granted for an indoor or outdoor agricultural event that takes place on multiple dates or times during a single calendar year, but a special license shall not be granted for an agricultural event if the event is not scheduled to take place within 1 calendar year.
(f) The special license shall be conspicuously displayed at the licensed premises. A copy of a special license granted by the local licensing authority shall be submitted by the authority to the commission not less than 7 days before the date the agricultural event is scheduled to begin. The local licensing authority may charge a fee for each special license granted, but such fee shall not exceed $50. A special license granted under this section shall be nontransferable to any other person, corporation or organization and shall be clearly marked “nontransferable” on its face.
(g) A special license under this section may be granted by a local licensing authority for a portion of premises that are licensed under section 12; provided, however that: (i) the holder of the special license shall document the legal basis for use of the premises; (ii) the area in which the special license is to be approved shall be physically delineated from the area remaining under the control of the holder of the license granted under said section 12; (iii) the holder of the special license shall be solely liable for all activities that arise out of the special license; and (iv) the holder of the special license shall not pay any consideration directly or indirectly to the holder of the license granted under said section 12 for the access to or use of the premises.
SECTION 240. Section 19A of said chapter 138, as so appearing, is hereby amended by striking out, in line 3, the words “19C or 19D” and inserting in place thereof the following words:- 19C, 19D or 19E.
SECTION 241. Section 19C of said chapter 138, as so appearing, is hereby amended by inserting after the word “premises”, in line 124, the following words:- or in accordance with section 15F.
SECTION 242. Section 19D of said chapter 138, as so appearing, is hereby amended by inserting after the word “premises”, in line 126, the following words:- , or in accordance with section 15F.
SECTION 243. Section 19E of said chapter 138, as so appearing, is hereby amended by inserting after the word “premises”, in line 125, the following words:- , or in accordance with section 15F.
SECTION 244. Section 26 of said chapter 138, as so appearing, is hereby amended by striking out, in lines 3 and 22, the word “his” and inserting in place thereof, in each instance, the following word:- their.
SECTION 245. Said section 26 of said chapter 138, as so appearing, is hereby further amended by inserting after the word “States” in lines 4 and 16, each time it appears, the following words:- or a qualified alien under the Immigration and Nationality Act, 8 U.S.C. 1101.
SECTION 246. Said section 26 of said chapter 138, as so appearing, is hereby further amended by inserting after the word “citizen”, in line 6, the following words:- or qualified alien.
SECTION 247. Said section 26 of said chapter 138, as so appearing, is hereby further amended by striking out, in line 16, the word “him” and inserting in place thereof the following word:- them.
SECTION 248. Chapter 140 of the General Laws is hereby amended by striking out section 182A, as so appearing, and inserting in place thereof the following section:-
Section 182A. (a) Every ticket of admission or other evidence of right of entry to any theatrical exhibition, public show or public amusement or exhibition required to be licensed by sections 181 and 182 for admission to which a price is charged, shall bear on its face the price charged for such ticket or other evidence of right of entry by the person issuing the same or causing the same to be issued. Whoever issues or causes to be issued such a ticket or other evidence of right of entry in violation of this section shall be punished by a fine of not more than $500.
(b) A theatrical exhibition, public show or public amusement or exhibition, or an agent thereof, shall not restrict the transferability of a ticket sold unless the terms and conditions of the restrictions on transferability are clearly and conspicuously provided to the consumer prior to purchase and the consumer acknowledges receipt of such disclosure prior to purchase.
(c) A ticket of admission to a theatrical exhibition, public show or public amusement or exhibition shall be considered a license. Venue operators, or operators’ agents, may maintain and enforce policies and conditions or requirements for ticket purchase with respect to conduct, behavior, public health and safety or age at the venue or event and may establish limits on the quantity of tickets that may be purchased.
(d) The commissioner of the division of occupational licensure may undertake functionality testing, audits and other measures to ensure that a paperless ticketing system used for entry access to theatrical exhibitions, public shows or public amusements or exhibitions meets reasonable standards of reliability for providing entry to persons with verified authentic paperless tickets.
SECTION 249. Said chapter 140 is hereby further amended further by striking out sections 185A to 185D, inclusive, as so appearing, and inserting in place thereof the following 4 sections:-
Section 185A. (a) No person shall engage in the business of selling tickets or the business of reselling or facilitating a mechanism for 2 or more parties to participate in the resale of any ticket of admission to any theatrical exhibition, public show or public amusement or exhibition required to be licensed under sections 181 and 182 or under chapter 128A, whether such business is conducted on or off the premises on which such ticket or other evidence is to be used, without being licensed by the commissioner of occupational licensure.
(b) A license shall be granted only upon a written application setting forth such information as the commissioner of occupational licensure may require. Each license issued under this section shall be in force until the first day of January next after its date, unless sooner revoked. No such license shall be transferred or assigned except upon written permission of the commissioner of occupational licensure. The sale of a ticket or pass, entitling the holder of said ticket or pass to admission to any such theatrical exhibition, public show or public amusement or exhibition upon payment either of nothing or a sum less than that demanded of the public generally shall be deemed to be a resale pursuant to subsection (a).
Section 185B. (a) The fee for each license granted under section 185A and for each annual renewal thereof shall be determined annually by the secretary of administration and finance under section 3B of chapter 7 for the filing thereof.
(b) If any licensee demonstrates that their business provides a service to facilitate ticket transactions without charging any fees or surcharges above the established face value ticket price, on every transaction, except a reasonable and actual service charge for the delivery of tickets, then the fees for licensing may be waived at the discretion of the commissioner of occupational licensure.
(c)(1) The applicant for a license shall file with the application a bond in the penal sum of $25,000, which bond shall be approved by the commissioner of occupational licensure. Each such bond shall be conditioned that the obligor: (i) shall not be guilty of any fraud or extortion; (ii) shall not violate directly or indirectly any of the provisions of sections 185A to 185F, inclusive, or any of the provisions of the license provided for in said sections; (iii) shall comply with the provisions of said sections 185A to 185F, inclusive; and (iv) shall pay all damages occasioned to any person by reason of any misstatement, misrepresentation, fraud or deceit or any unlawful act or omission that such obligor or their agents or employees, while acting within the scope of their employment, made, committed or omitted in connection with said sections in the business conducted under such license or caused by any other violation in carrying on the business for which such license is granted. One or more recoveries or payments upon such bond shall not vitiate the same but such bond shall remain in full force and effect; provided, however, that the aggregate amount of all such recoveries or payments shall not exceed the penal sum thereof.
(2) Before drawing upon such bond, the commissioner of occupational licensure shall issue a determination in writing which shall include the basis of such action. The commissioner shall notify in writing the licensee of any such determination and shall afford the licensee an opportunity to respond within 20 days of the receipt of such determination. In no event may the bond be drawn upon in less than 25 days after the service of a determination to the licensee. Such written notice may be served by delivery thereof personally to the licensee or by certified mail to the last known business address of such licensee. Only upon such determination of the commissioner shall money be withdrawn from the bond.
(3) The commencement of any action against the surety upon any such bond for a sum or sums aggregating or exceeding the amount of such bond shall require a new and additional bond in like amount as the original bond, which shall be filed within 30 days after the demand therefor.
(4) Failure to file such bond within such period shall constitute cause for the revocation of the license theretofore issued to the licensee upon whom such demand shall have been made.
(5) Any suit or action against the surety on any bond required by this section shall be commenced within 1 year after the cause of action shall have accrued.
Section 185C. (a) For the purpose of this section, “ticket purchasing software” shall mean any machine, device, computer program or computer software that, on its own or with human assistance, bypasses security measures or access control systems on a retail ticket purchasing platform, or other controls or measures on a retail ticket purchasing platform that assist in implementing a limit on the number of tickets that can be purchased, to purchase tickets.
(b) The commissioner of occupational licensure, after notice to the licensee and reasonable opportunity to be heard, may revoke a license or may suspend the license for such period as the commissioner may deem proper, upon satisfactory proof that the licensee has violated or permitted a violation of any condition of the license or of any rule or regulation of the commissioner under section 185E. If the license is revoked, the licensee shall be disqualified to receive a license for 1 year after the expiration of the term of the license so revoked.
(c) No person, firm, corporation or other entity shall utilize or sell ticket purchasing software to purchase tickets. Any person, firm, corporation or other entity who knowingly utilizes ticket purchasing software to purchase tickets shall be subject to a civil penalty in an amount not less than $500 per violation and shall forfeit all profits made from the sale of any such unlawfully obtained tickets. Any person, firm, corporation or other entity who is a licensee who is adjudicated guilty of the following acts shall have their license revoked and may be barred from licensure for a period not to exceed 3 years if such licensee: (i) knowingly utilized ticket purchasing software in order to purchase tickets; (ii) knowingly resold or offered to resell a ticket that such licensee knew was obtained using ticket purchasing software; or (iii) intentionally maintained any interest in or maintained any control of the operation of ticket purchasing software to purchase tickets.
(d) Any person, firm, corporation or other entity that has knowledge of the use of ticket purchasing software in violation of this chapter and fails to notify the office of the attorney general within 30 days shall be subject to a civil penalty in the amount of $500 per violation.
Section 185D. (a) For the purpose of this section, “service charges” shall mean costs incurred by a licensee related solely to the procuring and selling of tickets to any theatrical exhibition, public show or public amusement or exhibition and not related to the general business operation of the licensee. Service charges shall include, but shall not be limited to, charges for messengers, postage and long-distance telephone calls, extensions of credit and costs attributable thereto.
(b) No licensee under section 185A shall sell tickets, resell tickets or facilitate the sale or resale of any ticket to any theatrical exhibition, public show or public amusement or exhibition of any description without a guarantee to each purchaser of such sold or resold tickets that they shall provide a full refund of the amount paid by the purchaser, including, but not limited to, all service charges if any of the following occurs: (i) the event for which such ticket has been sold or resold is cancelled; (ii) the ticket received by the purchaser does not grant the purchaser admission to the event described on the ticket; (iii) the ticket was not delivered to the purchaser prior to the occurrence of the event, unless such failure of delivery was due to an act or omission of the purchaser; or (iv) the ticket fails to conform to its description as advertised unless the purchaser has pre-approved a substitution of tickets. Provision of a replacement ticket to the same event that is in a comparable location, where applicable, and at no additional cost to the consumer, shall be considered providing a full refund for the purposes of this section.
(c) A licensee shall disclose in a clear and conspicuous manner the portion of the ticket price stated in dollars that represents a service charge or any other fee or surcharge to the purchaser. Such a disclosure of the total cost and fees shall be displayed in the ticket listing prior to the ticket being selected for purchase; provided, that the total ticket price, inclusive of any service charges or any other fee or surcharge but excluding taxes, shall be disclosed at the time of the initial presentation or listing of the ticket price. Disclosures of subtotals, fees, charges and any other component of the total price shall not be false or misleading and may not be presented more prominently or in a larger size than the total price. Failure to disclose the fees clearly and conspicuously or misrepresenting the total ticket price under this section shall constitute an unfair or deceptive act or practice under chapter 93A.
(d) Any person, firm, corporation or other entity who violates this section may be barred from licensure for a period not to exceed 3 years and shall be subject to a civil penalty of not more than $5,000 per violation.
(e) The imposition of a fee, on an annual or per order basis, for customers purchasing tickets other than by immediate payment therefor in cash, which includes a membership fee, office expenses and other costs of processing credit card orders, shall not be deemed a violation of this section.
SECTION 250. Section 185E of said chapter 140, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- A licensee shall keep full and accurate sets of records showing: (i) the prices at which all tickets have been bought and sold by such licensee; and (ii) the names and addresses of the person, firm or corporation from whom they were bought.
SECTION 251. Section 4 of chapter 142A of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “two” and inserting in place thereof the following figure:- 5.
SECTION 252. Section 5 of said chapter 142A, as so appearing, is hereby amended by inserting after the word “jurisdiction”, in line 5, the following words:- or an arbitrator pursuant to section 4.
SECTION 253. Said section 5 of said chapter 142A, as so appearing, is hereby further amended by striking out, in lines 9 to 13, inclusive, the words “owner has exhausted all customary and reasonable efforts to collect the judgment but the contractor has filed for bankruptcy, fled the jurisdiction or the owner is otherwise unable to collect such judgment after execution” and inserting in place thereof the following words:- contractor has failed to pay the judgment or award and the director has determined that reasonable efforts to collect have been made.
SECTION 254. Section 7 of said chapter 142A, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
An owner may make a claim to the fund only if the owner has complied with section 3, has obtained a judgment or arbitration award and has filed the claim to the fund not more than 7 years from the date of the contract, the contractor has failed to pay the judgment or award and the director has determined that reasonable efforts to collect have been made.
SECTION 255. Said section 7 of said chapter 142A, as so appearing, is hereby further amended by striking out, in lines 12 and 13, the words “ten thousand dollars” and inserting in place thereof the following figure:- $25,000.
SECTION 256. Said section 7 of said chapter 142A, as so appearing, is hereby further amended by striking out, in lines 15 and 18, the words “seventy-five thousand dollars”, each time they appear, and inserting in place thereof, in each instance, the following figure:- $150,000.
SECTION 257. Section 9 of said chapter 142A, as so appearing, is hereby amended by adding the following subsection:-
(e) Prior to approving any application for registration or renewal conforming to the requirements of this chapter, the director shall refer identifying information regarding an applicant to the department of criminal justice information services, which shall obtain criminal offender record information but shall transmit to the director only information regarding any conviction of the applicant of gross fraud or cheat at common law, as defined in section 76 of chapter 266.
SECTION 258. Section 15 of said chapter 142A is hereby repealed.
SECTION 259. Section 17 of said chapter 142A, as appearing in the 2022 Official Edition, is hereby amended by striking out clause (17) and inserting in place thereof the following 4 clauses:-
(17) engaging in gross fraud or cheat pursuant to section 76 of chapter 266;
(18) having a license, certificate, registration or authority issued by another state or territory of the United States, the District of Columbia or a foreign state or nation with authority to issue such a license, certificate, registration or authority revoked, cancelled, suspended, not renewed or otherwise acted against, or if the holder has been disciplined, if the basis for the action would constitute a basis for disciplinary action in the commonwealth;
(19) failing to repay the fund in full, including the appropriate amount of annual interest, for any amount paid from the fund because of the contractor’s or subcontractor’s conduct; or
(20) violating any other provision of this chapter.
SECTION 260. Said section 17 of said chapter 142A, as so appearing, is hereby further amended by adding the following paragraph:-
For purposes of this section, the conduct of a contractor or subcontractor shall be deemed to include the conduct of their agents, employees, salespersons or subcontractors, whether or not an express relationship exists, if the work or activities is within the scope of the contract and not for additional work beyond the contract undertaken by separate agreement with the owner.
SECTION 261. The first paragraph of section 18 of said chapter 142A, as so appearing, is hereby amended by adding the following sentence:- The director may also enter into a consent agreement with a registrant to impose 1 or more administrative penalties, including, but not limited to, voluntary revocation of the registration.
SECTION 262. Section 53 of chapter 146 of the General Laws, as so appearing, is hereby amended by adding the following 2 subsections:-
(h) A public high school that operates hoisting equipment as part of a vocational technical education program approved under chapter 74 shall be exempt from this section if the school: (i) has not less than 1 supervisory instructor who holds a license issued by the division of occupational licensure pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in charge of hoisting equipment during that period of operation; and (ii) provides an in-service training program for its instructors.
(i) A training facility that is recognized by the division of apprentice standards and that trains apprentices for the occupation of operating engineer shall be exempt from this section if the facility: (i) has not less than 1 supervisory instructor who holds a license issued by the division of occupational licensure pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in charge of hoisting equipment during that period of operation; and (ii) provides an in-service training program for its instructors.
SECTION 263. Chapter 147 of the General Laws is hereby amended by striking out section 36 and inserting in place thereof the following 3 sections:-
Section 36. At every boxing, kickboxing, mixed martial arts or other unarmed combative sporting event, sparring match or exhibition, there shall be in attendance a referee, duly licensed under this section and sections 35 and 35A. There shall also be in attendance not less than 3 duly-licensed judges, each of whom shall, at the termination of a match or exhibition, vote for the contestant in whose favor the decision should, in their opinion, be rendered or, for a draw if, in their opinion, neither contestant is entitled to a decision in their favor and the decision shall be rendered in favor of the contestant receiving a majority of the votes or, if neither receives a majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a decision, the vote of each judge shall be announced from the ring. The referee shall have full power to stop the match or exhibition whenever they deem it advisable because of the physical condition of a contestant or when 1 contestant is clearly outclassed by their opponent or for other sufficient reason. The commission shall declare forfeited any prize, remuneration or purse or any part thereof belonging to a contestant if, in the judgment of a majority of the commissioners after consultation with the judges and the referee, the contestant was not competing in good faith. The fees of the referee and other licensed officials shall be fixed by the commission and shall be paid by the licensed organization prior to the match or exhibition.
Section 36A. (a) The commission shall set forth rules and regulations for contracts between a manager and an unarmed combatant and contracts between a promoter and an unarmed combatant. An unarmed combatant shall not enter a contract with a manager or a promoter unless the contract is filed with the commission prior to a scheduled contest in an amount of time established by the commission. The commission shall only honor a contract that is executed and notarized on a form provided by the commission unless the contract terms comply with the requirements set forth by the commission.
(b) The commission may invalidate, enforce, mediate or modify contracts pursuant to subsection (a). The commission may require that each contract include language authorizing the commission to withhold any portion of a promoter’s or manager’s share of a purse in the event of a contractual dispute with a contestant over their entitlement to any portion of a purse.
(c) The commission shall be the sole arbiter of a breach of contract and shall establish rules governing the manner in which contract disputes shall be resolved.
Section 36B. Whoever violates any provision of sections 32 to 51, inclusive, or who conducts themself at any time or place in a manner that is deemed by the commission to discredit any unarmed combative sports, may have their license revoked and be fined, suspended or otherwise disciplined in such manner as the commission may direct.
SECTION 264. Said chapter 147 is hereby further amended by striking out section 39B and inserting in place thereof the following section:- 
Section 39B. A person licensed under section 33 to conduct boxing, kickboxing, mixed martial arts or other unarmed combative sports events, sparring matches or exhibitions, except those persons to whom a special license may be granted thereunder without the requirement of a bond or payment of the annual fee, shall take out a policy of accident insurance on each contestant participating in the match or exhibition in an amount determined by the commission, but not less than $10,000, to compensate the contestant for medical and hospital expenses incurred as the result of injuries received in such match or exhibition and a policy in an amount determined by the commission, but not less than $100,000, to be paid to the estate of a deceased contestant in the event of the death of the contestant resulting from participation in the match or exhibition. The premiums on the policies shall be paid by the licensee.
SECTION 265. Subsection (4) of section 25Q of chapter 152 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:-Subsection (1) shall not apply to groups that have been in existence for at least 5 years and have established a premium payment plan acceptable to the commissioner.
SECTION 266. Section 2 of the chapter 167F of the General Laws, as so appearing, is hereby amended by striking out, in lines 343 and 344, the words “Massachusetts Growth Capital Corporation created under chapter 40W” and inserting in place thereof the following words:- growth capital division of the Massachusetts Development Finance Agency established in section 2 of chapter 23G.
SECTION 267. Paragraph 14G of section 63 of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out clauses (2) and (3) and inserting in place thereof the following 3 clauses:-
(2) initially rated NAIC 1 or NAIC 2 subsequent to such acquisition, either by the NAIC-SVO or by the insurer pursuant to a filing exemption in accordance with the requirements of the NAIC-SVO;
(3) are provisionally rated NAIC 1Z or NAIC 2Z by the insurer in accordance with the requirements of the NAIC-SVO; provided, however, that in the event that the provisionally rated bonds, notes, evidences of indebtedness or contractual obligations for the payment of money or the long-term debt of the institution or institutions issuing, assuming or guaranteeing the bonds, notes, evidences of indebtedness or contractual obligations for the payment of money subsequently fail to qualify under clause (1) or (2) after any appeal by the insurer within the applicable time periods specified by the NAIC-SVO, the bonds, notes, evidences of indebtedness or contractual obligations for the payment of money shall no longer qualify as permitted investments under this paragraph; provided further, that no company may invest more than an aggregate of 2 per cent of its admitted assets in bonds, notes, evidences of indebtedness or contractual obligations for the payment of money issued, guaranteed or insured by any one institution pursuant to this paragraph; or
(4) are of an exchange-traded fund registered pursuant to the Investment Company Act of 1940; provided, that:
(i) the exchange-traded fund is solvent and reported not less than $100,000,000 of net assets in its latest annual or more recent certified audited financial statement;
(ii) the exchange-traded fund operates as a corporation, trust or other substantially similar legal structure registered with the Securities and Exchange Commission pursuant to the Investment Company Act of 1940, and the offered shares of the exchange-traded fund are registered under the Securities Act of 1933; provided, however, that each exchange-traded fund shall be treated as the issuer of the securities issued by the fund for the purposes of this paragraph;
(iii) the NAIC-SVO has designated the exchange-traded fund as meeting the criteria to be placed on the list promulgated by the NAIC-SVO of exchange-traded funds eligible for reporting as a long-term bond in the purposes and procedures manual of the NAIC-SVO or a successor publication; and
(iv) the amount of the domestic stock or mutual life company’s investment in the exchange-traded fund does not exceed 15 per cent of said company’s capital and surplus.
Subclause (iii) shall not authorize a domestic stock or mutual life company to invest in a bond exchange-traded fund that has embedded structural features designed to deliver performance that does not track the full unlevered and positive return of the underlying index or exposure, including a leverage or inverse exchange-traded fund.
An insurer may deposit with the department shares of a bond exchange-traded fund described by clause (4) as a statutory deposit if state law requires a statutory deposit from the insurer.
SECTION 268. Section 85W of chapter 231 of the General Laws, as so appearing, is hereby amended by inserting after the word “compensation”, in line 2, the following words:- in excess of $500 per year.
SECTION 269. Section 35C of chapter 244 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(i)(1) For purposes of this subsection, the following words shall have the following meanings unless the context clearly requires otherwise:
“Entity”, an entity with a tax-exempt filing status under section 501(c)(3) of the Internal Revenue Code or an entity controlled by an entity with such tax-exempt filing status.
“Shared appreciation mortgage”, a mortgage or security instrument that is a second lien on the residential property for the percentage of shared appreciation required to be paid under the accompanying shared appreciation promissory note and secured by such shared appreciation mortgage.
“Shared appreciation”, the percentage share of the appreciation in the value of a residential property as defined in a shared appreciation mortgage and shared appreciation promissory note.
(2) If an entity obtains from a person acquiring or re-acquiring a residential property a shared appreciation mortgage encumbering such residential property that secures the contingent right of the entity to receive a percentage share of the appreciation in value of such residential property upon: (i) the sale, conveyance, assignment or other transfer thereof; (ii) refinancing or other payoff or satisfaction of the new first priority mortgage loan encumbering such residential property; or (iii) the occurrence of other events specified in such shared appreciation mortgage or such shared appreciation promissory note, including reaching a defined maturity date, then the entity and the maker, lender, grantor or holder of the new first priority mortgage loan shall not be liable for monetary relief, injunctive relief or other equitable relief at common law or by statute, including chapter 93A, chapter 140D, chapter 183C and section 49 of chapter 271 for the use of or the terms of said shared appreciation mortgage or shared appreciation promissory note, so long as such person receives a full disclosure, in writing as required herein and in advance of the closing of such person’s acquisition or re-acquisition of such residential property, stating that such person will be required to enter into a shared appreciation mortgage and shared appreciation promissory note to such entity at said closing and upon such person’s entering into a new first priority mortgage loan. A shared appreciation mortgage and shared appreciation promissory note offered under this subsection shall be permitted only if a person has received notice or is otherwise shown to be not less than 90 days delinquent on their prior mortgage loan. An offer for a shared appreciation mortgage shall be invalid if there is no reduction of the prior delinquent mortgage loan principal the person owes or owed when the person acquires or re-acquires such residential property and enters into a new first priority mortgage loan.
(3) An entity shall not offer a shared appreciation mortgage and shared appreciation promissory note to a person without first providing written notice disclosing substantially the following information:
Notice of Shared Appreciation Mortgage Agreement
In connection with your acquisition or re-acquisition of your property at _______________, the undersigned entity intends to make an offer to you to enter into a shared appreciation mortgage and shared appreciation promissory note. Please be advised that under such shared appreciation mortgage and promissory note:
You will not be required to make any payment on the shared appreciation mortgage or shared appreciation note during the mortgage term.
You must pay the shared appreciation mortgage upon refinancing of your new first priority mortgage loan or upon the sale of the property.
Your percentage of shared appreciation will be based on the amount that your prior mortgage debt has been reduced.
(4) Said written notice may include substantially the following information:
You are encouraged to discuss this agreement with family, community service providers, housing counselors or others at any time during this mortgage process. If you fail or refuse to seek housing counseling, the entity may choose not to proceed. A list of housing counselors certified by the United States Department of Housing and Urban Development is enclosed with this notice or has otherwise been provided.
In order to proceed with this transaction, you must sign, date and return this notice to us promptly, but in not less than 7 days after your receipt of this notice.
By signing this notice, you are not bound to proceed to enter into a shared appreciation mortgage and promissory note. The entity has no obligation to proceed to assist you with acquiring or reacquiring a residential property or otherwise proceed to negotiate a shared appreciation mortgage and promissory note. No shared appreciation mortgage or promissory note shall be binding on you or the entity until a final shared appreciation mortgage and note are signed and dated by both you and the entity.
Your shared appreciation mortgage and promissory note shall become due and payable upon the sale, conveyance, assignment or other transfer of your residential property, upon refinancing of the new first priority mortgage loan encumbering such residential property, or other payoff or satisfaction of such new first priority mortgage loan, or upon the occurrence of other events specified in the shared appreciation mortgage or shared appreciation promissory note, including reaching a defined maturity date.
(5) The attorney general may promulgate rules and regulations to implement this subsection.
SECTION 270. Section 1 of chapter 270 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “, grains of paradise”.
SECTION 271. The ninth paragraph of section 10 of chapter 498 of the acts of 1993, as amended by section 142 of chapter 268 of the acts of 2022, is hereby further amended by striking out the last sentence.
SECTION 272. Said section 10 of said chapter 498, as so amended, is hereby further amended by adding the following paragraph:-
Notwithstanding the provisions of any general or special law to the contrary and notwithstanding any provision to the contrary in the Devens Reuse Plan or by-laws: (i) there shall be no square foot limit or cap on the amount of commercial or industrial development that may occur within Devens; and (ii) there shall be no limit or cap on the number of residential units that may be developed within Devens. Nothing in the foregoing sentence shall modify other provisions of the by-laws regulating the development of housing within Devens or requiring the issuance of development permits by the Devens Enterprise Commission for specific projects.
SECTION 273. Paragraph (ii) of subsection (g) of section 4 of chapter 152 of the acts of 1997, as amended by section 2 of chapter 256 of the acts of 2006, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- The authority shall allow the South Boston Community Development Foundation to sponsor not less than 3 events annually at the Boston Convention and Exhibition Center and not less than 6 events annually at the Lawn on D to raise funds for the South Boston Community Development Foundation as provided for herein and shall include access to on site parking facilities.
SECTION 274. Chapter 195 of the acts of 2014, as amended by section 207 of chapter 6 of the acts of 2017, is hereby further amended by inserting after section 4 the following section:-
Section 4A. The Boston convention and exhibition center in the city of Boston shall be designated and known as the Thomas Michael Menino Convention and Exhibition Center. The Authority shall erect and maintain suitable markers bearing such designation.
SECTION 275. Item 7066-8110 of section 2 of chapter 113 of the acts of 2018 is hereby amended by striking out the words “for heating, ventilation and air conditioning systems at the University of Massachusetts at Dartmouth” and inserting in place thereof the following words:- for capital improvements for the premises located at 182 Union street in the city of New Bedford.
SECTION 276. Item 7002-8036 of section 2 of chapter 358 of the acts of 2020 is hereby amended by striking out the words “the University of Massachusetts at Dartmouth Star Store college of visual and performing arts campus” and inserting in place thereof the following words:- the Star Store located at 182 Union street.
SECTION 277. Section 148 of chapter 24 of the acts of 2021 is hereby amended by striking out the figure "2025" and inserting in place thereof the following figure:- 2030.
SECTION 278. Section 73 of chapter 2 of the acts of 2023 is hereby amended by striking out the words "August 1, 2024", each time they appear, and inserting in place thereof, in each instance, the following words:- "December 31, 2024".
SECTION 279. (a) There shall be within the executive office of economic development a 5-year surety bond assistance pilot program to encourage the participation of economically and socially disadvantaged businesses in bidding for and securing contracts for capital projects. The program may include, but shall not be limited to:
(i) providing technical assistance to eligible contractors to secure surety bonds; and
(ii) providing financial assistance to guarantee surety bonds required on behalf of the commonwealth or on behalf of any county, city, town, district or other political subdivision of the commonwealth or other public instrumentality for the construction, reconstruction, alteration, remodeling, repair or demolition of public buildings or other public works.
(b) The executive office of economic development shall establish eligibility requirements and other program terms through regulations or program guidelines; provided, however, that such eligibility requirements shall, to the extent possible, prioritize financial assistance provided by the program to promote participation of businesses owned by persons from socially and economically disadvantaged groups for whom access to capital facility projects and state assisted building projects in the commonwealth has been historically limited. The executive office may administer the program through 1 or more contracts with the Massachusetts Development Finance Agency or Massachusetts Growth Capital Corporation.
(c) Not later than December 31 of each year, the executive office of economic development shall submit a report to the clerks of the house of representatives and the senate and the joint committee on economic development and emerging technologies detailing the activities of the program in the previous year, including, but not limited to, an analysis of the provision of technical and financial assistance services and its impact on increasing access and participation in capital projects for historically disadvantaged groups. The report shall be made public on the executive office of economic development’s website.
(d) The secretary of economic development may promulgate regulations or program guidelines as necessary to implement this section.
(e) Implementation of this section shall be subject to the United States Treasury’s approval to use federal funding for the purposes described herein.
SECTION 280. (a) For purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Approval”, except as otherwise provided in subsection (b), any permit, certificate, order, excluding enforcement orders, license, certification, determination, exemption, variance, waiver, building permit or other approval or determination of rights from any municipal, regional or state governmental entity, including any agency, department, commission or other instrumentality thereof, concerning the use or development of real property, and any environmental permit, including certificates, licenses, certifications, determinations, exemptions, variances, waivers, building permits or other approvals or determinations of rights issued or made under chapter 21 of the General Laws, chapter 21A of the General Laws except section 16 of said chapter 21A, chapter 21D of the General Laws, section 3B of chapter 21E of the General Laws, sections 61 to 62L, inclusive, of chapter 30 of the General Laws, chapter 30A of the General Laws, chapter 40 of the General Laws, chapters 40A to 40C, inclusive, of the General Laws, chapter 40R of the General Laws, chapter 40Y of the General Laws, chapter 41 of the General Laws, chapter 43D of the General Laws, section 21 of chapter 81 of the General Laws, chapter 91 of the General Laws, chapter 131 of the General Laws, chapter 131A of the General Laws, chapter 143 of the General Laws, sections 4 and 5 of chapter 249 of the General Laws, chapter 258 of the General Laws or chapter 665 of the acts of 1956 or any local by-law or ordinance.
“Development”, division of a parcel of land into 2 or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of a building or other structure or facility or any grading, soil removal or relocation, excavation or landfill or any use or change in the use of any building or other structure or land or extension of the use of land.
“Tolling period”, the period from January 1, 2023 to January 1, 2025, inclusive.
(b)(1) Notwithstanding any general or special law to the contrary, an approval in effect or existence during the tolling period shall be extended for a period of 2 years in addition to the lawful term of the approval; provided, however, that nothing in this section shall extend or purport to extend: (i) a permit or approval issued by the United States government or an agency or instrumentality thereof or a permit or approval of which the duration of effect or the date or terms of its expiration are specified or determined under a law or regulation of the United States government or an agency or instrumentality thereof; (ii) a permit, license, privilege or approval issued by the division of fisheries and wildlife under chapter 131 of the General Laws; (iii) an approval, determination, exemption, certification, statement of qualification or any other administrative action by the department of energy resources under 225 CMR 20.00, subsection (c) of section 17 of chapter 25A of the General Laws or corresponding regulations under 225 CMR 21.00; (iv) any agreement entered into by the Massachusetts Department of Transportation or the Massachusetts Bay Transportation Authority or any permit, license or approval issued by the department or authority relating to the sale, acquisition or lease or development of real property owned in whole or in part by the department or authority or the sale, acquisition, lease or development of any interest therein related to such real property pursuant to chapter 6C or chapter 161A of the General Laws; or (v) any enforcement order, consent decree or settlement agreement.
(2) Nothing in this section shall affect the ability of a municipal, regional or state governmental entity, including an agency, department, commission or other instrumentality thereof, to revoke or modify a specific permit or approval, or extension of a specific permit or approval, under this section, when that specific permit or approval or the law or regulation under which the permit or approval was issued contains language authorizing the modification or revocation of the permit or approval.
(3) If an approval tolled under this section is based upon the connection to a sanitary sewer system, the extension of the approval shall be contingent upon the availability of sufficient capacity, on the part of the treatment facility, to accommodate the development for whose approval has been extended. If sufficient capacity is not available, then the permit holders whose approvals have been extended shall have priority with regard to the further allocation of gallonage over the permit holders who have not received approval of a hookup prior to the effective date of this section. Priority regarding the distribution of further gallonage to a permit holder who has received the extension of an approval under this section shall be allocated in order of the granting of the original approval of the connection.
(4) If an owner or petitioner sells or otherwise transfers a property or project in order for an approval to receive an extension, all commitments made by the original owner or petitioner under the terms of the permit shall be assigned to and assumed by the new owner or petitioner. If the new owner or petitioner does not meet or abide by such commitments, then the approval shall not be extended under this section.
(5) Nothing in this section shall be construed or implemented in such a way as to modify a requirement of law that is necessary to retain federal delegation to or assumption by the commonwealth of the authority to implement a federal law or program.
(6) Any project covered by approval in effect during the tolling period shall be governed by the applicable provisions of any local ordinance or by-law, if any, in effect at the time of the granting of the approval, unless the owner or petitioner of such project elects to waive the provisions of this section.
SECTION 281. The Massachusetts clean energy technology center, in consultation with the executive office of economic development, shall set benchmarks for the climatetech tax incentive program established in section 16 of chapter 23J of the General Laws, inserted by section 99. After the program has been in effect for 5 years, the center, in consultation with the executive office of economic development, shall conduct an evaluation of the program by comparing climatetech advancements in the commonwealth against the benchmarks. The center shall review progress made towards the goals of developing and expanding climatetech industry-related employment opportunities and climatetech-related economic development by supporting and stimulating research, development, innovation, manufacturing, deployment and commercialization in the climatetech sector. The center shall submit a written report to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on telecommunications, utilities and energy, the joint committee on environment and natural resources and the joint committee on agriculture not later than December 31, 2029.
SECTION 282. The Massachusetts office of business development, in conjunction with the commissioner of revenue, shall report on the impact of the live theater tax credit pursuant to subsection (ff) of section 6 of chapter 62 of the General Laws and section 38QQ of chapter 63 of the General Laws and shall submit the report to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on economic development and emerging technologies not later than December 31, 2028. The office and commissioner shall collaborate with the live theater industry to collect the relevant data for the report. The report shall include data to assess the direct and indirect economic impacts of the live theater tax credit on the economy of the commonwealth, including, but not limited to, estimates of theater tickets sales to domestic and international visitors, spending by live theater productions on adjacent businesses, wages paid for setting up and taking down productions and impacts on businesses in proximity to theaters, including, but not limited to, hotels and restaurants.
SECTION 283. (a) Notwithstanding section 39M of chapter 30 of the General Laws, chapter 149 of the General Laws and chapter 149A of the General Laws, a public agency or municipality may require a project labor agreement on contracts for public works construction and may require the project labor agreement to be incorporated into the contract specifications; provided, that prior to including a project labor agreement requirement, the public agency or municipality shall make a determination prior to issuing a request for proposals or bids that the project labor agreement on a specific project is in the best interest of the commonwealth, public agency or municipality.
(b) In making a determination of the best interest of the commonwealth, public agency or municipality pursuant to subsection (a), the agency or municipality shall consider the effects a project labor agreement may have on: (i) construction efficiency, cost and direct and indirect economic benefits to the public agency or municipality; (ii) the availability of a sufficient supply of skilled, qualified workers to complete the project; (iii) the timing of, and the prevention of delays or disruptions to, the construction process; (iv) the safety and quality of the public construction project; (v) the expansion of registered apprenticeship programs and workforce development in the construction industry; and (vi) the promotion of employment and training opportunities for women, minority workers and veterans.
(c) The department of labor standards shall promulgate regulations to increase diversity of contractors in project labor agreements, including, but not limited to: (i) incentivizing a certain percentage of contracts with minority-owned businesses; and (ii) demographics of the workforce reflecting the demographics, to the extent possible, where a project is located.
SECTION 284. Notwithstanding chapter 31 of the General Laws or any other general or special law to the contrary, a city or town, on behalf of which legislation has been duly filed with the general court between January 4, 2023 and July 31, 2024, inclusive, to remove any or all positions within the police or fire department of the city or town and which includes an documented local approval as acknowledged by the clerk of the senate or house of representatives, may exempt any position within the police or fire department as specified within such legislation without the need for any further action by the general court on such legislation; provided, however, that any city or town that seeks an exemption pursuant to this section shall submit a letter indicating that the city or town still seeks such exemption from said chapter 31 to the personnel administrator of the division of human resources within the executive office for administration and finance, the joint committee on public service and the chair of the civil service commission duly signed by: (i) the mayor or city manager, in the case of a city, or the chair of the select board or town manager, in the case of a town; and (ii) the police chief or fire chief, as applicable, of the department seeking exemption; provided further, that any such letter shall be received by the personnel administrator of the division of human resources in proper form not later than February 15, 2025; and provided further, that the exemption for the position or department for which such letter is so submitted shall take effect on March 1, 2025.
SECTION 285. (a) Notwithstanding section 4 of chapter 128C of the General Laws, section 11 of chapter 494 of the acts of 1978 or any other general or special law to the contrary, the running horse racing licensee in Suffolk county that conducted simulcasting as of December 31, 2020 and the greyhound dog racing meeting licensee located in Bristol county shall not be obligated to make any further payments into the Running Horse Capital Improvements Trust Fund, established pursuant to said section 11 of said chapter 494.
(b) All amounts in the Running Horse Capital Improvements Trust Fund attributable to any greyhound dog racing meeting licensees shall be returned by the Massachusetts Gaming Commission to the licensees without further condition.
SECTION 286. (a) Notwithstanding section 17 of chapter 138 of the General Laws or any other law, rule, regulation or provision to the contrary, the licensing board for the city of Boston may grant 1 non-transferable restricted license for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to The Boston Landing Hotel Project located at 178-170 Guest street in the Brighton section of the city of Boston approved by the board of the Boston Redevelopment Authority, and is located within Planned Development Area No. 87, Boston Landing, Guest street and Life street in the Brighton section of the city of Boston.
(b) If a licensee pursuant to subsection (a) terminates or fails to renew the license or if the license is cancelled, revoked or otherwise no longer in use, the license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing board and the licensing board may then grant that license to a new applicant within Planned Development Area No. 87, Boston Landing in the Brighton section of the city of Boston. The licensing board shall not approve the transfer of the license granted pursuant to this section to a location outside of said Planned Development Area No. 87 in the Brighton section of the city of Boston.
SECTION 287. Notwithstanding any general or special law to the contrary, the secretary of administration and finance, following a public hearing, shall increase the fee for obtaining or renewing a license, certificate, registration, permit or authority issued by a board within the department of public health, excluding the board of registration in medicine, as necessary to implement the provisions of chapter 112A of the General Laws. The amount of the increase in fees shall be deposited in the Quality in Health Professions Trust Fund established in section 35X of chapter 10 of the General Laws.
SECTION 288. (a) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall study the feasibility of establishing a program that allows certain educator candidates to complete the testing requirements pursuant to section 38G of chapter 71 of the General Laws at no cost to candidates. Such program shall apply to candidates who are determined by the department to qualify for financial assistance, or have: (i) attempted to complete the testing requirements pursuant to said section 38G of said chapter 71; (ii) failed to meet the minimum score requirements established by the department; and (iii) earned a score or scores within 1 standard error of measurement of passing, as determined by the department. The study may include analysis of prior or existing voucher systems designed to pay for licensure test fees.
(b) Not later than October 1, 2025, the department shall file a report, including any analysis or recommendations on the feasibility of the program with the clerks of the senate and the house of representatives and the joint committee on education.
SECTION 289. (a) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall conduct a study and report on potential initiatives to incentivize diverse and highly effective educators to work in high-needs schools and districts, including incentives to recruit new and diverse teachers to high-needs schools and policies or practices to retain diverse and effective teachers currently teaching in high-needs schools. For the purposes of this section, “high-needs schools or districts” shall mean a school or district with a high percentage of low-income students and English learners, which may include a school or district implementing a turnaround plan.
(b) Not later than October 1, 2025, the department shall file a report with the clerks of the senate and house of representatives and the joint committee on education, including any analysis or recommendations. The report shall include, but not be limited to: (i) a survey of educator salaries and benefits across school districts and charter schools; (ii) an assessment of potential incentives to attract educators to high-needs school districts, including but not limited to the establishment of loan forgiveness, scholarship and housing support programs and the status of such currently or previously existing state programs; (iii) the feasibility of financial incentives for achieving National Board certification; (iv) the feasibility of establishing a master educator corps program to be administered by the department and to incentivize educators that have achieved a certain level of mastery to transfer to high-needs school districts; (v) an assessment of a salary parity scale for educators that have switched to high-needs school districts; (vi) any other program, as determined by the department, to help meet the educator requirements of high-needs school districts; and (vii) an assessment of any additional actions necessary to achieve these objectives.
SECTION 290. Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall, subject to appropriation, develop and administer a pilot program for teacher apprenticeships.
(b) The department shall file a report with the clerks of the senate and house of representatives and the joint committee on education not more than 1 year after the completion of the pilot on the outcome of the pilot program and recommendations related to making the apprenticeship program permanent.
SECTION 291. (a) Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance may enter into an agreement to accept title to the property at 182 Union street in the city of New Bedford conveying the premises as covered by a lease dated February 28, 2000, as amended. Said conveyance shall take place as soon as possible and a deed of conveyance shall be executed by the seller to the commonwealth of the premises at 182 Union street in the city of New Bedford. The donation of the real estate for exclusively public purposes, prior to acceptance by the division, shall require an independent appraisal of the property’s fair market value and a phase I environmental study to ensure that the property has no environmental damage or other environmental issues that would expose the division to liability. The inspector general shall review and comment on the appraisal and study within 60 days of receipt. Following the appraisal and phase I environmental study, the division’s legal counsel shall issue a written opinion regarding acceptance of the proposed real estate donation for final review and an acceptance decision by the secretary of administration and finance, which shall consider the: (i) usefulness of the property for public purposes including, but not limited to, artist lofts, studios and public gallery space; (ii) marketability of the property relative to its condition; (iii) any restrictions, reservations, easements or other limitations associated with the property; (iv) the results of the environmental study; and (v) any potential liability for cleanup or restoration of the property that may be imposed upon a transferee by law.
(b) Within 180 days of acceptance by the secretary pursuant to subsection (a) and subsequent conveyance of said property to the commonwealth, the division shall hold at least 1 public hearing in the city of New Bedford in collaboration with the Waterfront Historic Area League of New Bedford, Inc., People Acting in Community Endeavors, Inc., Massachusetts Design Art & Technology Institute, Inc., Bristol Community College, Bridgewater State University and the Massachusetts Development Finance Agency to gather community input on appropriate public purposes for the premises, including, but not limited to, artist lofts, studios and public gallery space.
(c) Following a public hearing in accordance with subsection (b), the division may lease, for a term not to exceed 35 years, inclusive of any options for renewal or extension of such lease, all or a portion of the premises at 182 Union street in the city of New Bedford to the Massachusetts Development Finance Agency, or other public entity or nonprofit organization deemed appropriate by the division, to implement the public purposes identified pursuant to said public hearing process, subject to appropriation. Consideration for said lease shall be $1.
SECTION 292. There is hereby established an auto body labor rate advisory board to address any issues related to auto body labor rates. The advisory board shall consist of: 1 person appointed by the commissioner of insurance, who shall serve as co-chair; 1 person appointed by the attorney general, who shall serve as co-chair; 1 person appointed by the director of standards; 3 persons selected from the auto insurance industry by the Automobile Insurers Bureau of Massachusetts; 3 persons selected from the auto repair industry from different geographic regions of the commonwealth by the Alliance of Automotive Service Providers of Massachusetts, Inc.; 1 person selected by the Massachusetts State Automobile Dealers Association, Inc; 1 person selected by the Massachusetts Association of Insurance Agents, Inc.; and 3 persons to be appointed by the co-chairs, 1 of whom shall be from a consumer advocacy group, 1 of whom shall be from a group representing the business community and 1 of whom shall be an economist with expertise on the insurance industry.
The advisory board shall be responsible for creating, implementing and overseeing a survey given to relevant auto body shops. The advisory board shall collect industry data including, but not limited to: (i) labor rates in neighboring states; (ii) auto body shop costs; (iii) total labor costs; (iv) inflation data; (v) work force data; (vi) vocational-technical school trends; (vii) insurance premiums; and (viii) any additional information as requested by the advisory board. The results of the survey and the data collected shall be reviewed and analyzed by the advisory board.
Not later than December 31, 2025, the advisory board shall make recommendations to the division of insurance for a fair and equitable labor rate and file a report of its findings, conclusions and recommendations with the clerks of the senate and house of representatives, the joint committee on financial services, the senate and house committees on ways and means and the division of insurance.
SECTION 293. (a) Ninety days after the effective date of this act, all employees and officers of the Massachusetts Growth Capital Corporation shall be deemed employees and officers of the Massachusetts Development Finance Agency. For the purposes of this section, the Massachusetts Growth Capital Corporation shall be the transferor agency and the Massachusetts Development Finance Agency shall be the transferee agency.
(c) All petitions, requests, investigations and other proceedings appropriately and duly brought before the transferor agency or duly begun by the transferor agency and pending before it before the effective date of this act shall continue unabated and remain in force but shall be assumed and completed by the transferee agency.
(d) All orders, findings, rules and regulations duly made and all approvals duly granted by the transferor agency that are in force immediately before the effective date of this act shall continue in force until superseded, revised, rescinded or canceled by the transferee agency.
(e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of the transferor agency, shall be transferred to the transferee agency. All duly existing contracts, leases and obligations of the transferor agency shall continue in effect and shall be assumed by the transferee agency.
(f) All powers, duties and obligations of the transferor agency pursuant to any general or special law shall remain in effect after the effective date of this act and shall become powers, duties and obligations of the transferee agency.
(g) No existing right or remedy shall be lost, impaired or affected by this section.
(h) All references in any general or special law to the Massachusetts Growth Capital Corporation or an officer or employee thereof shall refer to the Massachusetts Development Finance Agency or an officer or employee thereof.
SECTION 294. Not later than 30 days after the effective date of this act, the governor shall appoint 5 new members of the board of directors of the Massachusetts Development Finance Agency, 1 of whom shall be experienced in community economic development and employed by a community development corporation or a representative of the Massachusetts Association of Community Development Corporations, 1 of whom shall be a representative of a community bank in the commonwealth, 1 of whom shall be a representative of an organization of small businesses or manufacturing companies in the commonwealth, 1 of whom shall be experienced in small business financing or restructuring and 1 of whom shall be a small business owner.
SECTION 295. (a) Notwithstanding any general or special law to the contrary, a certain parcel of land located at 173 Alford street situated partly in the city of Everett and partly in the city of Boston shall be removed from, and not be considered to be within, the boundaries or a part of the Mystic River designated port area pursuant to 310 C.M.R. 25 and 310 C.M.R. 9 or any other applicable law, rule or regulation; provided, however, that such removal shall only be for the purpose of converting the parcel into a professional soccer stadium and a waterfront park; provided further, that prior to said removal of the parcel from the designated port area the department of environmental protection shall review said removal and report to the secretary of energy and environmental affairs and the joint committee on environment and natural resources on said removal and provide any recommendations; provided further, that said review and recommendations shall be publicly available on the department of environmental protection’s website; and provided further, that said review shall be completed not later than March 15, 2025. Said parcel consists of approximately 43.11 acres and is located on the southeasterly side of Alford street, on the southwesterly side of Dexter street and bounded southerly by the Mystic river and is more particularly described in a deed recorded in the land court department of the Middlesex southern district registry district as document No. 1554521 and recorded with the Middlesex southern district registry of deeds in book 56211, page 350 and also recorded in the land court department in the Suffolk county registry of deeds as document No. 786425 and recorded with the Suffolk county registry of deeds in book 47428, page 145. Site redevelopment on the parcel shall be subject to licensing in accordance with 310 C.M.R. 9 as a non-water-dependent use.
(b) If the professional soccer stadium and waterfront park fail to be permitted and constructed within a reasonable time after the effective date of this act, as determined by the secretary of energy and environmental affairs, then subsection (a) shall be void and the port area designation and corresponding use restrictions under 310 C.M.R. 25 and 310 C.M.R. 9 shall be restored to the parcel; provided, however, that such determination of a reasonable time period shall not be made sooner than 5 years after the effective date of this act.
Nothing in this section shall be construed to exempt or alter the site’s obligations under chapter 91 of the General Laws or 310 C.M.R. 9 beyond designated port area-related use restrictions.
(c) The department of environmental protection, in consultation with the office of coastal zone management, shall: (i) complete a review of existing designated port area criteria and use restrictions; and (ii) update relevant regulations based on the results of the review; provided, however, that any updates to regulations shall include, but not be limited to: (A) the protection of traditional maritime industrial activities; (B) the addition of allowable uses consistent with future maritime industrial uses and clean energy activities; (C) the reevaluation of compatible uses within designated port areas; (D) a requirement, to the extent feasible, that all traditional and new allowed uses be resilient to coastal flood damage; (E) examining the feasibility of creating working port easements to purchase development rights from landowners in designated port areas; (F) opportunities to create grants and revolving loan funds to update port infrastructure, including conversion from 1 designated port area use to another designated port area use; (G) consideration of coastal flood resilience for inland neighborhoods; and (H) an assessment of new and adjacent areas that could be added to designated port areas to reduce net loss of acreage; provided, however, that said regulations shall not be updated pursuant to clause (ii) until the results of the review pursuant to clause (i) are submitted to the joint committee on energy and environment and said results are publicly available on the department of environmental protection website.
(d) Except for the boundary adjustment provided for pursuant to subsection (a), there shall be no boundary adjustments to designated port areas until the review required pursuant to subsection (c) is completed; provided, however, that the department of environmental protection and the office of coastal zone management shall complete the review not later than July 31, 2025; provided, that the department and office of coastal zone management may continue to conduct boundary reviews.
(e) The commonwealth, having previously transferred control to, and taken on the behalf of the city of Boston a certain parcel of land situated in the city of Boston, being a part of a state highway location, Layout No. 5242 dated September 11, 1962, and shown as Parcel No. 8 in an Order of Taking recorded with said Layout No. 5242 in the Suffolk county registry of deeds in book 7681, page 307, and as shown on the plan filed therewith, and also shown as parcel 0201831001 on the city of Boston assessors’ maps, shall transfer, remise, and release to the city of Boston any interest the commonwealth may have in such parcel.
(f) The construction of the professional soccer stadium and waterfront park and any site redevelopment, pursuant to subsection (a), shall include improvements to increase the availability of public transportation through the Massachusetts Bay Transportation Authority to access the stadium and waterfront park; provided, however, that the Massachusetts Bay Transportation Authority, in consultation with relevant stakeholders, shall develop a plan on to how to provide access to the professional soccer stadium and waterfront park through public transportation, including, but not limited to, bus routes and shall publish said plan to its website not later than March 1, 2025.
(g) There shall not be any public funding for the construction of the professional soccer stadium and waterfront park on the parcel, pursuant to subsection (a), including, but not limited to, municipal or state appropriations; provided, however, that nothing in this subsection shall prohibit: (i) funding for public infrastructure designed to support the site for which it is otherwise eligible under section 63 of chapter 23A of the General Laws or other similar state programs if there are matching private funds; or (ii) eligibility for credits pursuant to subsection (j) of section 6 of chapter 62 of the General Laws or section 38Q of chapter 63 of the General Laws.
(h)(i) Prior to the removal of the parcel from the designated port area pursuant to subsection (a), the owner of the professional soccer stadium shall enter into a community impact agreement with: (1) the city of Boston, and (2) the city of Everett.
(ii) The parties to the community impact agreements pursuant to paragraph (i) shall commence negotiations as of the effective date of this act and engage in direct negotiations in good faith and without unreasonable delay.
(iii) If no agreement has been reached by the parties as of May 1, 2025 pursuant to paragraph (ii) the parties shall enter into mediation. During the mediation a mediator shall directly oversee all negotiations between the parties; The mediator shall be mutually agreed upon by both parties to the community impact agreement.
(iv) If no agreement has been reached by the parties as of December 31, 2025 pursuant to paragraph (iii) the parties shall submit to binding arbitration before a tripartite panel comprised of: (i) a representative of the owner, (ii) a representative from the host community that is a party to the community impact agreement, and (iii) a neutral arbitrator. The mediator shall not serve as the arbitrator and the arbitrator shall be mutually agreed upon by both parties to the community impact agreement.
(v) The community impact agreements pursuant to paragraph (i) shall be submitted to the executive office of energy and environmental affairs prior to the parcel being removed from the designated port area, pursuant to subsection (a).
SECTION 296. (a)(1) Notwithstanding any general or special law to the contrary, and subject to section 5A of chapter 3 of the General Laws, the commissioner of conservation and recreation shall lease to the New Bedford Harbor Development Commission, doing business as the New Bedford Port Authority, a certain area in and over the waters of the Acushnet river in the city of New Bedford, together with improvements thereon and all easements, rights, privileges and appurtenances thereto for the operation and maintenance of a recreational marine boating facility and recreational area known as the Pope’s Island Marina for a term of 10 years with 2 5-year options to extend.
(2) The New Bedford Harbor Development Commission shall not enter into sub-agreements for the operation and maintenance of the marina without prior written authorization from the commissioner of conservation and recreation. True copies of any such written authorization shall be filed with the clerks of the senate and house of representatives not later than 45 days after execution.
(b) The lease and any extensions executed under this section shall be on terms and conditions acceptable to the commissioner of conservation and recreation; provided, however, that the lease and any extensions thereof shall provide, at its sole cost and expense, that the New Bedford Harbor Development Commission: (i) provide oversight, operations, maintenance and repair of the property, including the land, facilities and appurtenances associated therewith during the term of the lease; (ii) shall carry comprehensive general liability insurance naming the commonwealth as a co-insured, protecting the commonwealth against all claims for personal injury or property damage arising from the use of the land and appurtenances associated therewith during the term of the lease and any extension thereof; (iii) subject to clauses (v) and (vi), may retain revenues from usage fees during the term of the lease and the proceeds from concessions associated with use of the property for the sole purpose of the design, construction, operation, programming, maintenance and repair expenses of the property over the course of the lease in addition to a 1-time reimbursement for costs defined herein; (iv) may charge not more than $90 per linear foot for use of slips without prior written authorization from the commissioner of conservation and recreation; (v) shall deposit into an escrow account, shared with the department of conservation and recreation, not less than $100,000 annually, adjusted to the price adjustment formulae indices every 5 years, to fund capital investments of the property; (vi) shall pay to the department of conservation, in quarterly installments, 10 per cent of the annual gross revenues defined as total gross revenues after deduction of the $100,000 described in clause (v); (vii) shall, not later than 3 months after the close of each calendar year, prepare an annual report detailing its performance against the goals for the prior year, detailing all revenues and expenditures of funds for the prior year pursuant to this section, regardless of source, and specifying all usage and programming fee rates associated with planned programs and activities, and submit the report to the commissioner of conservation and recreation; (viii) shall not design, install or construct any facilities on the property without the written approval of the commissioner of conservation and recreation; (ix) shall be responsible for all utility costs; (x) shall provide not less than 20 parking spaces at no charge to visitors of the abutting playground facility; and (xi) may be responsible for outreach and stewardship with the written approval of the commissioner of conservation and recreation.
(c) The lease and any extensions thereof executed under this section shall each be reviewed by the inspector general for comment and recommendation.
(d) Before entering into the lease, the commissioner of conservation and recreation shall determine the exact boundaries of the property after completion of a title examination and a survey each commissioned by the department of conservation and recreation.
(e) The New Bedford Harbor Development Commission shall be responsible for all costs and expenses associated with any engineering, surveys, appraisals and lease preparation related to the execution of the lease and any extensions thereof under this section; provided, however, that the commonwealth shall not be required to contribute to any such costs.
(f) Within 90 days of the effective date of this section, the commissioner of conservation and recreation shall issue to the New Bedford Harbor Development Commission a license to operate and maintain the marina. The terms of said license shall be consistent with this section.
(g) If the land, building and facilities, field and appurtenances comprising the property cease to be used by the New Bedford Harbor Development Commission for the purposes and in the manner described in this section at any time before the conclusion of the lease term, the property shall revert to the commonwealth upon such terms and conditions as the commissioner of department of conservation and recreation may determine, and shall be assigned to the care, custody and control of the department of conservation and recreation.
(h) If the commissioner of conservation and recreation fails to enter into a lease with the New Bedford Harbor Development Commission pursuant subsection (a) before July 1, 2025, the commissioner shall issue, on or before October 1, 2025, a request for proposals seeking a lessee to operate and maintain the Pope’s Island Marina and recreational area. Any lease resulting from a request for proposals process pursuant to this section shall be for a term not to exceed 20 years, inclusive of any extensions.
(i) Funds authorized for the Pope’s Island Marina and the adjoining recreational area in item 2300-7026 of chapter 286 of the acts of 2014, as extended by chapter 140 of the acts of 2022, and in item 6720-2261 of chapter 176 of the acts of 2022 shall be made available to advance the lease agreement pursuant to this section.
SECTION 297. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Candidate”, shall have the same meaning as in section 1 of chapter 55 of the General Laws.
“Materially deceptive audio or visual media”, an image or audio or video recording concerning the safety or regular operations of an election or a candidate’s appearance, speech or conduct that has been fabricated or intentionally manipulated in a manner such that the image or audio or video recording would: (i) falsely appear to a reasonable person to be authentic; and (ii) would cause a reasonable person to have a fundamentally different understanding or impression of the expressive content of such image or audio or video recording than that person would have if the person were hearing or seeing an unaltered, original image or audio or video recording.
“Person”, an individual, corporation, political committee, association, operation, firm, partnership, trust or other form of business or personal association.
“Political party”, shall have the same meaning as in section 1 of chapter 50 of the General Laws.
(b) Except as provided in subsection (c), a person, candidate, campaign committee, political action committee, political issues committee, political party or other entity shall not, within 90 days of an election at which a candidate for elective office will appear on the ballot, distribute with actual malice materially deceptive audio or visual media: (i) depicting the candidate with the intent to injure the candidate’s reputation or deceive a voter into voting for or against the candidate; or (ii) concerning the safety or regular operations of an election intended to disrupt the integrity of the electoral process.
(c)(1) Subsection (b) shall not apply if the audio or visual media includes a disclosure stating: “This _____ has been manipulated.”
(2) The blank in the disclosure required by paragraph (1) shall be filled with 1 of the following terms that most accurately describe the media: (i) image; (ii) video; or (iii) audio.
(3)(i) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media; provided, however, that if the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.
(ii) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, at the beginning of the audio, at the end of the audio and, if the audio is greater than 2 minutes in length, interspersed within the audio at intervals of not greater than 2 minutes each.
(d)(1) A candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section or the attorney general may seek injunctive or other equitable relief prohibiting the distribution of such audio or visual media.
(2) A candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section may bring an action for general or special damages against a person, candidate, campaign committee, political action committee, political issues committee, political party or other entity that distributed the materially deceptive audio or visual media. A court may also award a prevailing party reasonable attorney’s fees and costs. This subsection shall not limit or preclude a plaintiff from securing or recovering any other available legal remedy.
(3) In any civil action alleging a violation of this section, the plaintiff shall bear the burden of establishing the violation through clear and convincing evidence.
(e)(1) This section shall not alter or negate any rights, obligations or immunities of an interactive service provider under 47 U.S.C. section 230.
(2) This section shall not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, producer or mobile application or streaming service that broadcasts materially deceptive audio or visual media prohibited by this section as part of a bona fide newscast, news interview, news documentary or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the materially deceptive audio or visual media.
(3) This section shall not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, producer or mobile application or streaming service when it is paid to broadcast materially deceptive audio or visual media.
(4) This section shall not apply to an internet website or a regularly published newspaper, magazine or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes materially deceptive audio or visual media prohibited by this section, if the publication clearly states that the materially deceptive audio or visual media does not accurately represent the speech or conduct of the candidate.
(5) This section shall not apply to materially deceptive audio or visual media that constitutes satire or parody.
SECTION 298. Not later than 30 days after the effective date of this act, the secretary of economic development and the secretary of housing and livable communities shall convene a working group that shall include representatives from the towns of Ayer, Harvard and Shirley, the Massachusetts Development Finance Agency, the Devens committee and the Devens Enterprise Commission to determine a strategy and plan to provide for increased housing production within Devens, including, but not limited to, the feasibility of allowing not more than 400 multi-family residential units in the Innovation and Technology Center zoning district established by Article V(A)(13) of the zoning by-laws of the Devens Regional Enterprise Zone. The secretaries of economic development and housing and livable communities shall report the findings of the working group to the clerks of the house of representatives and the senate and the joint committee on economic development and emerging technologies not later than 180 days after the effective date of this act.
SECTION 299. (a) Not later than October 1, 2025, the department of elementary and secondary education or any department or agency thereof designated by the executive office of education, shall establish a public information campaign, which shall be for a duration of not less than 1 year, to educate and promote awareness to the public of available state scholarships and loan forgiveness programs for prospective educators. The campaign shall include, but not be limited to, information about the availability of and eligibility for such scholarships and loan forgiveness programs. The department of elementary and secondary education, or any department or agency thereof designated by the executive office of education, shall seek to ensure that the public information campaign reaches individuals applying to public institutions of higher education under section 5 of chapter 15A of the General Laws and community colleges under section 10 of said chapter 15A of the General Laws.
(b) Not later than October 1, 2027, the department shall report to the joint committee on education on the impact of the public information campaign, including data on the numbers of applicants for available state scholarships and loan forgiveness programs and the awarding of such scholarships and loan forgiveness program participants.
SECTION 300. (a) The department of elementary and secondary education shall conduct a comprehensive evaluation of the pilot program, authorized by 603 CMR 7.04(2)(f). The evaluation shall include: (i) a measurement of student impacts as measured by factors established by the commissioner of the department of elementary and secondary education; (ii) an assessment of progress made in diversifying the educator workforce; and (iii) an assessment of the impacts on candidates of diverse backgrounds.
(b) The department shall file a report of said evaluation of the pilot program with the clerks of the house of representatives and the senate and the joint committee on education not later than 90 days after the conclusion of the pilot program.
(c) The commissioner of the department of elementary and secondary education shall, in consultation with relevant stakeholders, and based on the alternative assessment pilot program authorized in 603 CMR 7.04(2)(f), determine, subject to approval of the board of elementary and secondary education, whether to make permanent components of the pilot program that may be used to fulfill testing requirements in section 38G of chapter 71 of the General Laws, which would allow candidates for certification to earn a provisional or initial certification.
(d) The department may implement, subject to approval of the board of elementary and secondary education, an alternative certification process that may allow for a waiver of not more than 1 of the 2 tests required by section 38G of said chapter 71, per candidate, and may include consideration of factors, including, but not limited to, whether a candidate has: (i) obtained certification in another state or territory in the United States, the District of Columbia, or the Commonwealth of Puerto Rico, as approved by the department; (ii) completed a satisfactory portfolio of items that may include student feedback or competency-based projects; (iii) obtained a master’s degree or doctorate from an accredited institution; provided that the advanced degree relates to the content area for which the individual is seeking certification, as determined by the department; (iv) successfully completed a department-approved educator preparation program for the role and at the level of the license sought; or (v) successfully completed field-based experience of not less than 2 years in the role and at the level of the license sought.
SECTION 301. If a district or charter school has a diversity officer or team already in place on the effective date of section 101 of chapter 71 of the General Laws, such district or charter school shall be deemed to be in compliance with said section 101 of said chapter 71.
SECTION 302. The board of elementary and secondary education may promulgate rules and regulations to implement section 39 of chapter 69 of the General Laws and section 38G¾ of chapter 71 of the General Laws.
SECTION 303. (a) There is hereby established a special legislative commission pursuant to section 2A of chapter 4 of the General Laws to study the future of payments and sales transactions by credit card and other forms of payment and the impacts for small businesses in the commonwealth. The commission shall solicit input from the public, businesses and the payments industry on payment trends, the prevalence of cashless transactions and cashless businesses in the commonwealth, credit card fees, mobile payments, buy-now-pay-later financing and other aspects of the payments industry.
(b) The commission shall study and review: (i) the cost to small businesses operating in the commonwealth of conducting sales transactions with consumers using credit cards or other means of payment, including, but not limited to, cash, check or similar means; (ii) the impact of the increasing use of credit cards or other means of payment by consumers on small businesses; and (iii) the impact of section 28A of chapter 140D of the General Laws on small businesses owned and operated in the commonwealth. The commission shall report on the impact on small businesses operating in the commonwealth and provide recommendations on the future use of credit cards and other forms of payment for the long-term success of small businesses in the commonwealth.
(c) The commission shall consist of: the chairs of the joint committee on financial services, who shall serve as co-chairs; 1 member appointed by the attorney general; the secretary of economic development or a designee; the commissioner of banks or a designee; 1 member appointed by the Massachusetts Bankers Association; a representative of the Retailers Association of Massachusetts, Inc.; a representative of the Massachusetts Restaurant Association; 1 member appointed by the Massachusetts chapter of the National Federation of Independent Businesses; and 2 members appointed by the governor who shall have experience owning and operating a small business in the commonwealth. The appointees of the governor shall represent diverse geographic areas of the commonwealth.
(d) Not later than December 1, 2025, the commission shall file a report and its recommendations with the clerks of the house of representatives and the senate, the joint committee on financial services and the joint committee on economic development and emerging technologies.
SECTION 304. The commissioner of agriculture shall conduct a study on the presence of substances including, but not limited to, mercury, parabens, estrogenic chemicals from placenta, benzophenone, diethanolamine, nonylphenol, phthalates and talc powder and other chemicals known to be endocrine disruptors in cosmetic products and the potential negative effects of such substance-containing cosmetic products on minors. The study shall include, but not be limited to: (i) the effects of such substance-containing products on the health of persons under the age of 18; (ii) the effect of advertisements, whether oral, written, graphic or pictorial, that encourage minors to purchase cosmetic products containing such substances; (iii) the use of images, voices or depictions of persons under the age of 18 for the purpose of promoting the sale of such substance-containing cosmetic products including, but not limited to, hair relaxers and skin bleaching products, including an analysis of the use of images of minors delineated by age, race and sex; (iv) a list of cosmetic products that use child-like images or children to market such substance-containing cosmetic products; and (v) a geographic analysis of the areas in the commonwealth where such substance-containing cosmetic products are sold.
The commissioner shall submit a report of its findings and recommendations to the joint committee on public health, the joint committee on racial equity, civil rights and inclusion and the senate and house committees on ways and means not later than May 1, 2025.
SECTION 305. (a) There shall be a special working group on youth sports to conduct an investigation and study of the current state of youth sports. The working group shall study and make recommendations relative to the regulation of youth sports, including, but not limited to: (i) maximum participation hours per youth sport in a defined period of time; (ii) licensing of businesses and coaches, including licensing fees and the conditions under which any such licensing fee may be waived to promote access to participation; and (iii) standards for player safety, including concussion protocols and athletic trainer requirements. The working group shall conduct not less than 3 public hearings.
(b) The working group shall consist of: the chair of the state athletic commission, who shall serve as chair of the working group; 2 members appointed by the president of the senate; 2 members appointed by the speaker of the house of representatives; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; and 7 members appointed by the governor who shall have experience and expertise in youth sports. Members of the working group shall not be compensated for their service.
(c) The working group shall report to the general court and to the state athletic commission the results of its investigation and study and its recommendations, if any, together with drafts of regulations to be promulgated by the commission and legislation necessary to carry its recommendations into effect, by filing the same with the commission, the clerks of the senate and house of representatives, the joint committee on economic development and emerging technologies and the joint committee on health care financing not later than 120 days after the third public hearing conducted by the working group.
SECTION 306. There shall be a special commission to study and recommend ways to regulate micro-mobility vehicles. The study shall include, but not be limited to: (i) a review of current state and local laws and regulations for micro-mobility vehicles; (ii) recommendations to regulate micro mobility vehicles, including on bike paths, sidewalks and shared use paths; and (iii) recommendations to support the expansion of micro-mobility vehicle use and innovation including shared micro-mobility options for municipalities.
The commission shall consist of: the secretary of transportation or a designee, who shall serve as chair; the secretary of public safety and security or a designee; the commissioner of conservation and recreation or a designee; 1 person to be appointed by the senate president; 1 person to be appointed by the speaker of the house of representatives; 3 persons to be appointed by the secretary of transportation, 1 of whom shall have experience in and knowledge of the electric bicycle sector, 1 of whom shall have experience in and knowledge of the electric scooter industry and 1 of whom shall have mobility business experience; 1 person to be a representative of Consulting Planners of Massachusetts; 2 persons to be representatives of Massachusetts Municipal Association, Inc., 1 of whom shall represent a town and 1 of whom shall represent a city; 1 person to be a representative of WalkBoston, Inc.; 1 person to be a representative of Massachusetts Bicycle Coalition, Incorporated; 1 person to be a representative of Massachusetts Chiefs of Police Association, Inc.; and 1 person to be a representative of the National Bicycle Dealers Association.
The commission shall file a report of its findings and recommendations with the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than December 1, 2025.
SECTION 307. (a) Not later than 1 year after the effective date of this act and before the adoption of any regulations for the administration of the state action for public health excellence program pursuant to section 27D of chapter 111 of the General Laws, the department of public health shall hold not fewer than 3 public hearings in diverse geographic locations throughout the commonwealth or online to identify ways to improve the efficiency and effectiveness of the delivery of local public health services, in alignment with the recommendations of the special commission on local and regional public health established in chapter 3 of the resolves of 2016.
(b) Not later than March 31, 2025, the department of public health shall submit a report to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on public health. The report shall include an analysis of needs, opportunities, challenges, timeline and cost for the implementation of section 27D of said chapter 111.
SECTION 308. The special commission on local and regional public health established in chapter 3 of the resolves of 2016 is hereby revived and continued to December 31, 2025. As soon as practicable following the effective date of this act, the department shall convene the special commission at least once to review the amendments to section 27D of chapter 111 of the General Laws and funding available to support and enhance the commonwealth’s local and regional public health system.
SECTION 309. The standards for foundational public health services developed pursuant to subsections (b) and (c) of section 27D of chapter 111 of the General Laws shall be consistent with the recommendations of the report approved in June 2019 by the special commission on local and regional and public health established by chapter 3 of the resolves of 2016, and shall be implemented and complied with by a phased schedule adopted by the department of public health. The department of public health shall publish a list of the local public health standards established pursuant to said subsections (b) and (c) of said section 27D of said chapter 111 not later than 90 days following the effective date of this act.
SECTION 310. Notwithstanding any general or special law to the contrary, the unexpended and unencumbered balances of the bond-funded authorizations in the following accounts shall cease to be available for expenditure 180 days after the effective date of this act: 7002-0015, 7002-8005, 7002-8013, 7002-8016, 7002-8017, 7002-8018, 7002-8019, 7002-8020, 7002-8022, 7002-8035, 7002-8037, 7002-8038, 7002-8052, 7002-8060, 7005-8035, 7007-9035, 7002-8010, 7002-8015, 7002-8030, 7002-8045, 7002-8050, 7002-8055 and 7002-8065.
SECTION 311. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out sections 2 to 2B, inclusive, 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, $2,928,517,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to Strengthening Massachusetts’ Economic Leadership” 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, 2059. 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 312. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 2C, 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 $1,030,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to Strengthening Massachusetts’ Economic Leadership” 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, 2064. 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 313. The director of campaign and political finance shall promulgate regulations to implement section 182 not later than January 31, 2025.
SECTION 314. The first annual program summary required by subsection (n) of section 243 of chapter 111 of the General Laws shall be submitted not later than December 31, 2025.
SECTION 315. Section 3M of chapter 23A of the General Laws, inserted by section 41, subsection (ff) of section 6 of chapter 62 of the General Laws, inserted by section 194, and section 38QQ and of chapter 63 of the General Laws, inserted by section 212, are hereby repealed; provided, however, that any credits allowed pursuant to this act may be carried forward pursuant to subsection (ff) of said section 6 of said chapter 62, inserted by section 194, and said section 38QQ of said chapter 63, inserted by section 212, after January 1, 2030.
SECTION 316. Subsection (ii) of section 6 of chapter 62 of the General Laws, inserted by section 194, and section 38UU of chapter 63 of the General Laws, inserted by section 212, are hereby repealed.
SECTION 317. Section 292 is hereby repealed.
SECTION 318. Section 297 is hereby repealed.
SECTION 319. Section 3M of chapter 23A of the General Laws, inserted by section 41, subsection (ff) of section 6 of chapter 62 of the General Laws, inserted by section 194, and section 38QQ of chapter 63 of the General Laws, inserted by section 212, shall take effect for taxable years beginning on or after January 1, 2025.
SECTION 320. Subsection (ii) of section 6 of chapter 62 of the General Laws, inserted by section 194, and section 38UU of chapter 63 of the General Laws, inserted by section 212, shall take effect for taxable years beginning on or after January 1 of the first year following a fiscal year which closes with a consolidated net surplus of at least $400,000,000 pursuant to section 5C of chapter 29 of the General Laws. Annually, not later than 30 days after the comptroller certifies the amount of the consolidated net surplus pursuant to said section 5C of said chapter 29, the commissioner of revenue shall certify to the secretary of administration and finance whether said subsection (ii) of said section 6 of said chapter 62, inserted by said section 194, and said section 38UU of said chapter 63, inserted by said section 212, shall take effect pursuant to this section; provided, however, that no such certification by the commissioner of revenue shall be required in any year after said subsection (ii) of said section 6 of said chapter 62, inserted by said section 194, and said section 38UU of said chapter 63, inserted by said section 212, take effect.
SECTION 321. Subsection (o) of section 243 of chapter 111 of the General Laws shall take effect on January 1, 2025.
SECTION 322. Section 315 shall take effect on January 1, 2030.
SECTION 323. Section 318 shall take effect on February 1, 2025.
SECTION 324. Section 316 shall take effect on January 1 of the sixth tax year following the effective date of subsection (ii) of section 6 of chapter 62 of the General Laws, inserted by section 194, and section 38UU of chapter 63 of the General Laws, inserted by section 212, as determined pursuant to section 320.
SECTION 325. Sections 99, 189, 190; subsections (gg) and (hh) of section 6 of chapter 62 of the General Laws, inserted by section 194; sections 38RR, 38SS, and 38TT of chapter 63 of the General Laws, inserted by section 212 shall apply to tax years beginning on or after January 1, 2024.
SECTION 326. The exemption authorized in paragraph (zz) of section 6 of chapter 64H of the General Laws, inserted by section 214, shall be effective for costs incurred after the effective date of this act.
SECTION 327. Sections 120 and 148 shall take effect on January 1, 2035.
SECTION 328. Section 143 shall take effect 1 year after the effective date of this act.
SECTION 329. Sections 275 and 276 shall take effect upon the conveyance of the property at 182 Union street in the city of New Bedford to the commonwealth pursuant to section 291.
SECTION 330. Section 317 shall take effect on January 1, 2026.
SECTION 331. Sections 3, 42, 46, 48 to 58, inclusive, 174 and 266 shall take effect 90 days after the effective date of this act.
Approved (in part), November 20, 2024.