Text of MA H 5100 (2024)

CORRECTED HOUSE . . . . . . . . . . . . . . No. 5100 The Commonwealth of Massachusetts _______________ The committee of conference on the disagreeing votes of the two branches with reference to the Senate amendment (striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2869) of the House Bill relative to strengthening Massachusetts’ economic leadership (House, No. 4804), reports, in part, recommending passage of the accompanying bill (House, No. 5100) [Bond Issue: General Obligation Bonds: $3,958,517,000.00]. November 12, 2024. Aaron Michlewitz Barry R. Finegold Jerald A. Parisella Michael J. Rodrigues David K. Muradian, Jr. CORRECTED 1 of 319 FILED ON: 11/12/2024 HOUSE . . . . . . . . . . . . . . . No. 5100 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ 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: 1 SECTION 1. To provide for a program of community development, economic 2 opportunities, support for local governments, increased industry innovation, job creation and the 3 promotion of economic reinvestment through the funding of infrastructure improvements the 4 sums set forth in sections 2 to 2C, inclusive, for the several purposes and subject to the 5 conditions specified in this act, are hereby made available, subject to the laws regulating the 6 disbursement of public funds. These sums shall be in addition to any amounts previously 7 authorized and made available for the purposes of those items. The sums set forth in sections 2 to 8 2B, inclusive, shall be made available until June 30, 2029. The sums set forth in section 2C shall 9 be made available until June 30, 2034. CORRECTED 2 of 319 10 SECTION 2. 11 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT 12 Office of the Secretary 13 7002-0083 For an employment social enterprise capital grant program to be 14 administered by the executive office of economic development, in consultation with the 15 executive office of labor and workforce development, for the development of eligible facilities 16 for nonprofit employment social enterprises that sell goods and services and enhance economic 17 development; provided, that eligible applicants shall be nonprofit organizations operating 18 employment social enterprises targeting individuals facing significant barriers to employment; 19 provided further, that grants to nonprofits shall support costs associated with the acquisition of 20 real property, the design, construction, repair, rehabilitation or renovation of an eligible facility 21 and soft costs directly related to the development of an eligible facility; provided further, that 22 eligible employment social enterprises shall offer paid employment opportunities to low-income 23 individuals, with priority to socially and economically disadvantaged populations who 24 experience complex needs and barriers to employment that require intensive interventions; 25 provided further, that eligible organizations shall provide the following services for targeted 26 individuals as an integrated part of their paid employment in a social enterprise: (i) outreach to 27 targeted populations; (ii) on-the-job training and skill development, including worksite 28 supervision and performance coaching; (iii) comprehensive supportive services for at least 1 29 year, including, but not limited to, case management, aimed at overcoming barriers to 30 employment; (iv) assistance to obtain external employment; and (v) job retention services, which 31 shall include follow-up with beneficiaries and employers for at least 1 year to support job CORRECTED 3 of 319 32 retention and advancement; provided further, that prioritization for grant awards shall be given to 33 organizations: (a) targeting low-income communities specifically aimed at reducing social and 34 economic inequities; (b) serving high-risk populations that can demonstrate a significant social 35 return on investment; and (c) providing goods and services that can demonstrate a positive 36 community or environmental impact; and provided further, that grants shall be awarded in a 37 manner that promotes geographic, social and economic 38 equity………………………………………………………………….$10,000,000 39 7002-1352 For a grant program to coastal communities to be administered by the 40 seaport economic council established by Executive Order No. 564; provided, that funding shall 41 be used for community planning and investment activities that stimulate economic development 42 and create jobs in the maritime economy sector and to construct, improve, repair, maintain and 43 protect coastal assets that are vital to achieving these goals; provided further, that the planning, 44 prioritization, selection and implementation of projects shall consider climate change impacts in 45 furtherance of the goals of climate change mitigation and adaptation consistent with the 46 integrated state hazard mitigation and climate change adaptation plan; and provided further, that 47 grants or other financial assistance in this item shall only be awarded to projects within 48 municipalities that have been deemed in compliance or interim compliance with the multi-family 49 zoning requirement in section 3A of chapter 40A of the General Laws................... $100,000,000 50 7002-1522 For grants administered by the Massachusetts Technology Development 51 Corporation established in section 2 of chapter 40G of the General Laws and doing business as 52 MassVentures; provided, that such grants shall be made on a competitive basis to growing 53 Massachusetts-based companies commercializing technologies developed with the assistance of 54 a Small Business Innovation Research or Small Business Technology Transfer grant from a CORRECTED 4 of 319 55 federal agency, including, but not limited to, the United States Department of Defense, the 56 United States Department of Energy or the National Science Foundation...............$25,000,000 57 7002-1523 For grants administered by the Massachusetts Technology Development 58 Corporation established in section 2 of chapter 40G of the General Laws and doing business as 59 MassVentures; provided, that such grants shall be made on a competitive basis to Massachusetts- 60 based companies in support of the development of alternative proteins developed with the 61 assistance of a Small Business Innovation Research or Small Business Technology Transfer 62 grant from a federal agency including, but not limited to, the United States Department of 63 Energy, the United States Department of Agriculture, the United States Food and Drug 64 Administration or the National Science Foundation………………………..……....$5,000,000 65 7002-8039 For the Scientific and Technology Research and Development Matching 66 Grant Fund established in section 4G of chapter 40J of the General Laws; provided, that not less 67 than $30,000,000 shall be expended to the University of Massachusetts at Amherst for the 68 expansion of its department of food science and development of a regional resilient and 69 sustainable food innovation hub; and provided further, that not less than $8,000,000 shall be 70 expended to the University of Massachusetts at Dartmouth for blue economy initiatives, 71 including, but not limited to, blue tech research and the development of new technology created 72 for improving ocean health, promoting the responsible use of the ocean, stimulating economic 73 development and creating jobs in the blue economy…….......................................$133,000,000 74 7002-8044 For a program to be administered by the Massachusetts Development 75 Finance Agency established in section 2 of chapter 23G of the General Laws for site assembly, 76 site assessment, predevelopment permitting and other predevelopment and marketing activities CORRECTED 5 of 319 77 that enhance a site’s readiness for commercial, industrial or mixed-use development; provided, 78 that funds may be used to facilitate the expansion or replication of successful industrial parks and 79 to support the revitalization of downtown centers; and provided further, that grants or other 80 financial assistance in this item shall only be awarded to projects within municipalities that have 81 been deemed in compliance or interim compliance with the multi-family zoning requirement in 82 section 3A of chapter 40A of the General Laws………………………................ $3,000,000 83 7002-8046 For the growth capital division of the Massachusetts Development Finance 84 Agency established in section 2 of chapter 23G of the General Laws for a program to provide 85 matching grants to community development financial institutions certified by the United States 86 Treasury or community development corporations certified under chapter 40H of the General 87 Laws to leverage federal or private investment for the purpose of making loans to small 88 businesses; provided, that such grants shall prioritize socially or economically disadvantaged 89 businesses, which may include, but shall not be limited to, minority-owned, women-owned, 90 worker-owned, veteran-owned or immigrant-owned small businesses that have historically faced 91 obstacles to accessing 92 capital………………………………………………………………………................ $35,000,000 93 7002-8053 For the Brownfields Redevelopment Fund established in section 29A of 94 chapter 23G of the General Laws; provided, that grants or other financial assistance in this item 95 shall only be awarded to projects within municipalities that have been deemed in compliance or 96 interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the 97 General Laws ……………………………………………………..…….…................ $30,000,000 CORRECTED 6 of 319 98 7002-8054 For the growth capital division of the Massachusetts Development Finance 99 Agency established in section 2 of chapter 23G of the General Laws, in consultation with the 100 microbusiness development center within the Massachusetts office of business development, to 101 provide grants to low- and moderate-income entrepreneurs to acquire, expand, improve or lease a 102 facility, purchase or lease equipment or meet other capital needs of a business with not more than 103 20 employees and annual revenues not exceeding $2,500,000, including alternative energy 104 generation projects; provided, that preference shall be given to businesses located in low-income 105 or moderate-income areas or socially or economically disadvantaged businesses, which may 106 include, but shall not be limited to, minority-owned, women-owned, worker-owned, immigrant- 107 owned or veteran-owned businesses; and provided further, that grants shall be awarded in a 108 manner that promotes geographic 109 equity………………………………………..........................$10,000,000 110 7002-8056 For a competitive grant program to be administered by the office of travel 111 and tourism; provided, that funds may be used to improve facilities and destinations visited by 112 in-state and out-of-state travelers to increase visitation, entice repeat visitation and increase the 113 direct and indirect economic impacts of the tourism industry in all regions of the commonwealth; 114 provided further, that grants shall support the design, repair, renovation, improvement, expansion 115 and construction of facilities owned by municipalities or nonprofit entities; provided further, that 116 grants or other financial assistance in this item shall only be awarded to projects within 117 municipalities that have been deemed in compliance or interim compliance with the multi-family 118 zoning requirement in section 3A of chapter 40A of the General Laws; provided further, that in 119 evaluating grant applications, priority shall be given to projects located in state-designated 120 cultural districts and projects that promote nature-based, agricultural and other forms of rural CORRECTED 7 of 319 121 tourism; provided further, that all grantees to improve facilities and destinations visited by in- 122 state and out-of-state travelers shall provide a match based on a graduated formula determined by 123 the office of travel and tourism; provided further, that grant recipients shall be required to 124 measure and report on return-on-investment data after the expenditure of grant funds; provided 125 further, that grants shall be awarded in a manner that promotes geographic equity; and provided 126 further, that funds made available in this item may be used to make capital investments that 127 support the commemoration of the two hundred and fiftieth anniversary of the founding of the 128 United States………………………………………………..…..…................ $40,000,000 129 7002-8057 For the Commonwealth Zoological Corporation established in section 2 of 130 chapter 92B of the General Laws for costs associated with the preparation of plans, studies and 131 specifications, repairs, construction, renovations, improvements, maintenance, asset management 132 and demolition and other capital improvements including those necessary for the operation of 133 facilities operated by Zoo New England, including the Franklin Park Zoo and the Walter D. 134 Stone Memorial Zoo…………………………………………….….…................ $15,000,000 135 7002-8058 For the Massachusetts Broadband Incentive Fund established in section 136 6C of chapter 40J of the General Laws for capital repairs and improvements to broadband 137 infrastructure owned by the Massachusetts Technology Park Corporation established in section 3 138 of said chapter 40J…………………………………………………..…................$10,000,000 139 7002-8059 For the Massachusetts Technology Park Corporation established in section 140 3 of chapter 40J of the General Laws for grant programs that support collaboration among 141 manufacturers located in the commonwealth and institutions of higher education, nonprofit 142 entities or other public or quasi-public entities; provided, that eligible grantees shall include, but CORRECTED 8 of 319 143 not be limited to, participants in the Manufacturing USA institutes, public and private academic 144 institutions, nonprofit entities and private business entities; provided further, that grant programs 145 funded from this item shall consider the strategic goals and priorities of the advanced 146 manufacturing collaborative established in section 10B of chapter 23A of the General Laws; and 147 provided further, that grants shall be awarded in a manner that promotes geographic, social and 148 economic equity……………………………………………………….…............$99,000,000 149 7002-8061 For the MassWorks infrastructure program established in section 63 of 150 chapter 23A of the General Laws; provided, that, pursuant to subsection (b) of section 3A of 151 chapter 40A of the General Laws, grants or other financial assistance in this item shall only be 152 awarded to projects within municipalities that have been deemed in compliance or interim 153 compliance with the multi-family zoning requirement in said section 3A of said chapter 154 40A…………………………………………………………………..….…................$400,000,000 155 7002-8062 For a program to provide assistance to projects that will improve, 156 rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties to achieve the 157 public purposes of eliminating blight, increasing housing production, supporting economic 158 development projects, increasing the number of commercial buildings accessible to persons with 159 disabilities and conserving natural resources through the targeted rehabilitation and reuse of 160 vacant and underutilized property; provided, that such assistance shall take the form of a grant or 161 loan provided to a municipality or other public entity, a community development corporation, 162 nonprofit entity or for-profit entity; provided further, that eligible uses of funding shall include, 163 but not be limited to: (i) improvements and additions to or alterations of structures and other 164 facilities necessary to comply with requirements of building, fire or other life safety codes and 165 regulations pertaining to accessibility for persons with disabilities where such code or regulatory CORRECTED 9 of 319 166 compliance is required in connection with a new commercial residential or civic use of such 167 structure or facility; and (ii) the targeted removal of existing underutilized structures or facilities 168 to create or activate publicly-accessible recreational or civic spaces; provided further, that 169 financial assistance in this item may be administered by the executive office of economic 170 development through a contract with the Massachusetts Development Finance Agency 171 established in section 2 of chapter 23G of the General Laws; provided further, that the executive 172 office or the Massachusetts Development Finance Agency may establish additional program 173 requirements through regulations or policy guidelines; provided further, that funds shall be 174 awarded on a competitive basis in accordance with guidelines developed by the agency; provided 175 further, that financial assistance in this item shall be awarded, to the extent feasible, in a manner 176 that reflects geographic and demographic diversity and social and economic equity within the 177 commonwealth; provided further, that grants or other financial assistance in this item shall only 178 be awarded to projects within municipalities that have been deemed in compliance or interim 179 compliance with the multi-family zoning requirement in section 3A of chapter 40A of the 180 General Laws; and provided further, that program funds may be used for the reasonable costs of 181 administering the program not to exceed 5 per cent of the total financial assistance awarded 182 during the fiscal year……………………………………..….…................$90,000,000 183 7002-8063 For the Massachusetts Technology Park Corporation established in section 184 3 of chapter 40J of the General Laws for matching grants that support alternative proteins among 185 private entities, institutions of higher education, nonprofit entities and other public or quasi- 186 public entities located in the commonwealth; provided, that grants shall be awarded and 187 administered consistent with the strategic goals and priorities of the Massachusetts advanced 188 manufacturing collaborative established in section 10B of chapter 23A of the General Laws; and CORRECTED 10 of 319 189 provided further, that grants shall be awarded in a manner that promotes geographic, social and 190 economic equity…………………………………………………..…………$5,000,000 191 7002-8066 For a capital grant program administered by the executive office of 192 economic development, in consultation with the executive office for administration and finance, 193 to provide grants to support large, transformational projects to drive economic growth; provided, 194 that the program may be known as Mass Impact; provided further, that not less than $2,500,000 195 shall be expended for the Museum of Science in the city of Boston for the development of a 196 multimodal riverwalk across the Charles river in order to create a missing pedestrian and cycling 197 link, connect businesses and support an inclusive tourism ecosystem; provided further, that 198 projects shall leverage private, federal, municipal or other sources of financial assistance to be 199 eligible for financial assistance in this item; provided further, that the total amount of state funds 200 awarded, including, but not limited to funds in this item, for an individual project shall not 201 exceed 30 per cent of the total development cost of the project; provided further, that the 202 executive office of economic development shall annually submit a report to the house and senate 203 committees on ways and means that shall include, but shall not be limited to, the: (i) projects 204 awarded financial assistance in this item; (ii) total estimated cost of projects awarded financial 205 assistance in this item; (iii) total amount of state funds awarded to projects, including but not 206 limited to, financial assistance in this item, delineated by funding source; (iv) total amount of 207 funding contributed from other sources, including federal, municipal, private or other sources, to 208 projects awarded financial assistance in this item, delineated by funding source; and (v) 209 estimated economic impact of projects awarded financial assistance in this item; provided 210 further, that upon the completion of a project awarded financial assistance in this item, the 211 executive office shall submit a report to the house and senate committees on ways and means CORRECTED 11 of 319 212 that shall include, but shall not be limited to, the: (i) total cost of the completed project; (ii) total 213 amount of state funds expended on the completed project, delineated by funding source; and (iii) 214 total amount of funding contributed from other sources, including federal, municipal, private or 215 other sources, to the completed project, delineated by funding source; provided further, that not 216 less than 3 years and not more than 4 years following completion of a project awarded financial 217 assistance in this item, the executive office shall submit to the house and senate committees on 218 ways and means a report detailing the estimated economic impact created by the state’s 219 investment in such project; and provided further, that grants or other financial assistance in this 220 item shall only be awarded to projects within municipalities that have been deemed in 221 compliance or interim compliance with the multi-family zoning requirement in section 3A of 222 chapter 40A of the General 223 Laws…....…….……......................................................................…...................$252,500,000 224 7002-8068 For the rural development program established in section 66A of chapter 225 23A of the General Laws....……………………………………….…................$100,000,000 226 7002-8069 For a capital grant program to be administered by the executive office of 227 economic development to provide grants or other financial assistance to private businesses that 228 are constructing or expanding commercial, industrial or manufacturing facilities in the 229 commonwealth which may include, but shall not be limited to: (i) the construction or expansion 230 of facilities in a manner that eliminates or minimizes the use of fossil-fuel heating and cooling 231 equipment, or incorporates other decarbonization measures that would not otherwise be 232 incorporated into the facility design; (ii) the integration of design features that make a facility 233 more resilient to the impacts of climate change, where such design features would not otherwise 234 be economically feasible; and (iii) capital investments that support the creation of a significant CORRECTED 12 of 319 235 number of new jobs in the commonwealth; provided, that the secretary of economic development 236 shall issue program guidelines around the administration of the program which may include the 237 administration of the program through a contract with the Massachusetts Development Finance 238 Agency established in section 2 of chapter 23G of the General Laws, or any other appropriate 239 quasi-governmental agency………………………………………............$25,000,000 240 7002-8070 For a capital grant program to be administered by the Massachusetts 241 Technology Park Corporation established in chapter 40J of the General Laws to support the 242 adoption and application of artificial intelligence capabilities to public policy problems and to 243 leverage emerging artificial intelligence technologies to advance the commonwealth’s lead in 244 technology sectors, including, but not limited to, life sciences, healthcare and hospitals, financial 245 services, advanced manufacturing, robotics and education; provided, that grants shall support 246 capital expenses related to activities that leverage emerging artificial intelligence technologies to 247 advance the commonwealth’s lead in technology sectors; provided further, that grants shall be 248 awarded and administered in a manner consistent with the strategic goals and priorities of the 249 Artificial Intelligence Strategic Task Force established by Executive Order No. 628; provided 250 further, that funds shall be used to support the incubation of artificial intelligence firms, advance 251 the adoption of artificial intelligence technologies and support artificial intelligence software and 252 hardware technology development and commercialization activities; and provided further, that 253 not less than $3,000,000 shall be expended to support the establishment of the commonwealth as 254 a leader in applied artificial intelligence in financial services by establishing a Financial 255 Innovation and Research Center in the city of Worcester to conduct research on applied artificial 256 intelligence and machine learning for the financial services sector, establish literacy and 257 education programs in artificial intelligence for students, employees, employers and the public, CORRECTED 13 of 319 258 support entrepreneurship and build an ecosystem for applied research in artificial intelligence 259 and machine learning in the financial services sector..…………….............. $103,000,000 260 7002-8072 For a competitive program to be administered by the Massachusetts 261 Technology Park Corporation established in section 3 of chapter 40J of the General Laws to 262 provide grants or other financial assistance for infrastructure support for industry-led consortia 263 focused on advancing the commonwealth’s global leadership and growing jobs in key emerging 264 technology sectors, including, but not limited to, quantum information sciences and technology, 265 bioindustrial manufacturing and nontherapeutic biomanufacturing, which may include alternative 266 proteins; provided, that “alternative proteins” shall mean proteins created from plant-based, 267 ferments or cell-cultured inputs and processes to create foods that share sensory characteristics 268 that are consistent with conventional meat and dairy products; provided further, that the grants 269 shall support the development, demonstration, deployment and commercialization of technology 270 in such key emerging technology sectors; provided further, that funds shall be expended for 271 infrastructure that support training, company incubation and acceleration, technology testing and 272 evaluation and other commercial and economic development needs; and provided further, that 273 not less than $40,000,000 shall be expended for a quantum innovation hub to be located in the 274 Pioneer Valley region of the commonwealth……………………………................$115,000,000 275 7002-8074 For a competitive program to be administered by the Massachusetts 276 Technology Park Corporation established in section 3 of chapter 40J of the General Laws to 277 provide grants or other financial assistance to support research and development of robotics 278 technology including, but not limited to, robotics incubation, testing, training, workforce 279 development, research and development and commercialization activities; provided, that grants CORRECTED 14 of 319 280 may be made to nonprofit entities, public or private universities or private business 281 entities……………………………………………………………………................$25,000,000 282 7002-8075 For a grant program for cities and towns to support the vitality of 283 downtowns and main streets; provided, that grants may be used for technical assistance to 284 develop, sustain or strengthen business districts, town centers, commercial corridors, cultural 285 districts or other walkable mixed-use areas; provided further, that funds may be used for 286 community planning and investment activities that stimulate economic development, expand 287 entrepreneurship and create jobs in the downtown economy sector and to construct, improve, 288 repair, maintain and protect downtown assets; provided further, that the executive office of 289 economic development may establish additional program requirements through regulations or 290 policy guidelines; provided further, that funds shall be awarded on a competitive basis in 291 accordance with such program requirements; and provided further, that financial assistance 292 offered pursuant to this item shall be awarded, to the extent feasible, in a manner that reflects 293 geographic and demographic diversity and social and economic equity……………..$9,500,000 294 SECTION 2A. 295 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE 296 Office of the Secretary 297 0640-0308 For the Massachusetts Cultural Facilities Fund established in section 42 298 of chapter 23G of the General Laws for the acquisition, design, construction, repair, renovation, 299 rehabilitation or other capital improvement or deferred maintenance to cultural facilities; 300 provided, that grants or other financial assistance under this item shall only be awarded to 301 projects within municipalities that have been deemed in compliance or interim compliance with CORRECTED 15 of 319 302 the multi-family zoning requirement in section 3A of chapter 40A of the General 303 Laws…………………………………………………………………………………$50,000,000 304 1100-2520 For grants or other financial assistance to cities, towns, regional 305 organizations whose membership is exclusively composed of municipal governments, municipal 306 redevelopment authorities or agencies or quasi-governmental agencies to support economic 307 development in the commonwealth, including efforts that support workforce development, 308 higher education, tourism, arts and culture; provided, that eligible purposes of the grants may 309 include, but shall not be limited to, planning and studies, preparation of plans and specifications, 310 site assembly and preparation, dispositions, acquisitions, repairs, renovations, improvements, 311 construction, demolition, remediation, modernization and reconstruction of facilities, 312 infrastructure, equipment and other capital assets, technical assistance, and information 313 technology equipment and infrastructure; and provided further, that grants or other financial 314 assistance under this item shall only be awarded to projects within municipalities that have been 315 deemed in compliance or interim compliance with the multi-family zoning requirement in 316 section 3A of chapter 40A of the General Laws……………………………$100,000,000 317 1100-2521 For the Massachusetts Educational Financing Authority established in 318 section 4 of chapter 15C of the General Laws to assist students, their parents, legal guardians and 319 others responsible for paying the costs of the student’s education and assist institutions of higher 320 education in supporting access to affordable higher education opportunities………..$85,000,000 321 1599-1017 For local economic development projects; provided, that not less than 322 $100,000 shall be expended to the Tantasqua regional school district for a district wide electric 323 vehicle charger installation project; provided further, that not less than $5,000,000 shall be CORRECTED 16 of 319 324 expended for Gloucester city hall; provided further, that not less than $1,000,000 shall be 325 expended for the University of Massachusetts at Amherst marine station in the city of Gloucester 326 for a study and implementation plan for the development of the blue economy on the north shore 327 and an ocean cluster on Cape Ann; provided further, that not less than $10,000,000 shall be 328 expended for the town of Manchester-by-the-Sea to modernize, upgrade and expand electrical 329 power transmission and distribution infrastructure for the purpose of hosting the expansion of the 330 Cell Signaling Technology campus; provided further, that not less than $75,000 shall be 331 expended to the town of Shrewsbury for an economic development strategy to promote business 332 development along United States highway route 20; provided further, that not less than $25,000 333 shall be expended for the façade grant program in the town of Shrewsbury for improvements to 334 commercial buildings of small businesses; provided further, that not less than $150,000 shall be 335 expended for multimodal transportation enhancements and the construction of urban park 336 enhancements in the town center business district in the town of Shrewsbury; provided further, 337 that not less than $1,575,000 shall be expended for economic development through improved 338 infrastructure and roadways for the Otis street project in the town of Westborough; provided 339 further, that not less than $1,000,000 shall be expended for the Taunton municipal lighting plant 340 for the expansion of broadband services to commercial enterprises and residents; provided 341 further, that not less than $10,000,000 shall be expended for a grant program funding capital 342 projects at rest homes; provided further, that not less than $2,000,000 shall be expended for the 343 McKinney playground in the Brighton section of the city of Boston for the implementation of the 344 master plan including ball field renovations and pathway improvements; provided further, that 345 not less than $2,500,000 shall be expended for the rehabilitation of the former Malden district 346 courthouse for the purpose of creating a new arts and culture space; provided further, that not CORRECTED 17 of 319 347 less than $100,000 shall be expended for North Quabbin Chamber of Commerce, Inc.; provided 348 further, that not less than $500,000 shall be expended for the Franklin Regional Council of 349 Governments; provided further, that not less than $200,000 shall be expended for Economic 350 Development and Industrial Corporation in the town of Orange; provided further, that not less 351 than $500,000 shall be expended for the department of public works in the city of Holyoke to 352 develop a strategic plan to maximize revenue and to enhance economic activity and initiatives; 353 provided further, that not less than $2,000,000 shall be expended to Adams Presidential Center 354 and Foundation, Inc in the city of Quincy; provided further, that not less than $100,000 shall be 355 expended for the town of Wayland for their United States highway route 20 master plan and 356 future town-wide master and strategic plans; provided further, that not less than $100,000 shall 357 be expended to fund an economic development coordinator for the town of Wayland; provided 358 further, that not less $100,000 shall be expended for the implementation of section 3A of chapter 359 40A of the General Laws in the town of Wayland; provided further, that not less than $4,000,000 360 shall be expended for Holyoke Health Center, Inc. for planning, renovations, improvements, 361 construction, the modernization of facilities, infrastructure, equipment and other capital needs for 362 the workforce education and training center for the Pioneer Valley; provided further, that not less 363 than $500,000 shall be expended for the town of Wakefield for critical upgrades to the Albion 364 Cultural Exchange to allow for an elevator and accessibility to the second floor for micro work 365 spaces; provided further, that not less than $1,000,000 shall be expended for the Cape Verdean 366 Association of Boston Inc. for the acquisition of their building to continue providing youth 367 employment and violence prevention services; provided further, that not less than $100,000 shall 368 be expended for wayfinding signage improvements and streetscape enhancements in the historic 369 downtown and central business district of the city of Methuen; provided further, that not less CORRECTED 18 of 319 370 than $20,000 shall be expended for the town of Natick to study the feasibility of shared-use path 371 along the half-mile stretch of the northeast section of the town between the town of Weston and 372 the town of Wayland; provided further, that not less than $100,000 shall be expended for 373 electrical and internet utility service improvements at east Natick industrial park; provided 374 further, that not less than $250,000 shall be expended for improvements to the energy 375 management system at the Nevins Memorial library in the city of Methuen; provided further, that 376 not less than $250,000 shall be expended to support the sustainable re-use of the historic Edward 377 F. Searles estate in the city of Methuen; provided further, that not less than $500,000 shall be 378 expended for the design of the redevelopment of Middlesex avenue parking structure in the town 379 of Natick; provided further, that not less than $500,000 shall be expended for pedestrian, bike 380 lanes and traffic safety improvements in the town of Natick; provided further, that not less than 381 $200,000 shall be expended for the town of Somerset to support Pedals and Parks program for 382 revitalization of parks and bicycle lanes; provided further, that not less than $2,000,000 shall be 383 expended for the preparation of building a sports complex in western Massachusetts housing the 384 International Volleyball Hall of Fame; provided further, that not less than $500,000 shall be 385 expended for the repurposing of the former police station on Russells Mills road in the town of 386 Dartmouth into a business incubator space for graduates of Greater New Bedford Regional 387 Vocational high school who are under 30 years of age and who did not attend a higher education 388 institution and are starting a business; provided further, that not less than $150,000 shall be 389 expended for New England Culinary Arts Training for a financial assistance pilot program for 390 students; provided further, that not less than $500,000 shall be expended for Science Club For 391 Girls in the city of Cambridge to support educational programs in science, technology, 392 engineering and mathematics for girls and gender-expressive youth; provided further, that not CORRECTED 19 of 319 393 less than $5,000,000 shall be expended to the New England Historic Genealogical Society for 394 improvements to areas that house and preserve historical artifacts and records of the 395 commonwealth; provided further, that not less than $6,000,000 shall be expended for the 396 restoration of a historic façade at the Alexandra hotel in the city of Boston; provided further, that 397 not less than $30,000 shall be expended for the construction of a fence around Depot Square park 398 in the town of Ayer; provided further, that not less than $1,750,000 shall be expended for 399 necessary renovation and expansion of the Greater New Bedford Community Health Center, 400 Inc.; provided further, that not less than $500,000 shall be expended for the New Bedford 401 community economic development center for the Capitol theater on Acushnet avenue; provided 402 further, that not less than $150,000 shall be expended to the town of Oakham for building 403 upgrades and general improvements, including the construction of a new town hall; provided 404 further, that not less than $1,000,000 shall be expended for Courniotes hall at American 405 International College for capital improvements and repairs necessary due to lightning strike in 406 July, 2023; provided further, that not less than $150,000 shall be expended for the construction 407 of a new fire station in the town of Barre; provided further, that not less than $2,500,000 shall be 408 expended for capital costs related to the construction of the Louis D. Brown Peace Institute's 409 Center for Healing, Teaching and Learning for families and communities throughout the 410 commonwealth impacted by murder, trauma, grief and loss; provided further, that not less than 411 $10,000,000 shall be expended for the design and construction of a new North End community 412 center in the North End section of the city of Boston; provided further, that not less than 413 $20,000,000 shall be expended for the route 128 exit 19 interchange improvement project (phase 414 II) in the city of Beverly currently identified as Massachusetts Department of Transportation 415 highway project number 607727; provided further, that not less than $150,000 shall be expended CORRECTED 20 of 319 416 to the town of Hubbardston for the construction of a new fire station; provided further, that not 417 less than $150,000 shall be expended for the construction of a new police station in the town of 418 Hardwick; provided further, that not less than $250,000 shall be expended for the purpose of 419 promoting economic development and making improvements in the town of Grafton; provided 420 further, that not less than $1,000,000 shall be expended for Children’s Services of Roxbury, Inc. 421 to renovate and transform 2 underutilized buildings; provided further, that not less than $500,000 422 shall be expended for FORGE to sustain and expand a state-wide program which promotes 423 manufacturing and innovation, including climate tech, through the support of hardtech startup 424 manufacturing readiness and local supply chains; provided further, that not less than $250,000 425 shall be expended for economic development promotion in the town of Upton; provided further, 426 that not less than $100,000 shall be expended for electronic signage in the city of Lancaster; 427 provided further, that not less than $250,000 shall be expended for Higher Expectations sports 428 complex in the city of Springfield; provided further, that not less than $1,000,000 shall be 429 expended for renovations from the John B. Gough House in the town of Boylston; provided 430 further, that not less than $200,000 shall be expended for septic systems on town-owned land in 431 Post Office square in the town of Sharon; provided further, that not less than $1,000,000 shall be 432 expended for the renovation of the train depot in the town of Stoughton; provided further, that 433 not less than $250,000 shall be expended for the construction of a new fire station in the city of 434 Southbridge; provided further, that not less than $50,000 shall be expended for Hebron food 435 pantry for the costs associated with the purchase and compliance of the building located at 40 436 Emory street in the city of Attleboro; provided further, that not less than $250,000 shall be 437 expended for promoting economic development and making improvements in the town of 438 Northbridge; provided further, that not less than $1,000,000 shall be expended for capital CORRECTED 21 of 319 439 expenditures in the town of Lexington for events related to the 250th anniversary celebration; 440 provided further, that not less than $250,000 shall be expended for African Diaspora Mental 441 Health Association LLC in the city of Springfield; provided further, that not less than $250,000 442 shall be expended for Stevens Mill, LLC for the renovation of Stevens Linen mill for senior and 443 affordable housing units along with the buildout of new business space in the town of Dudley; 444 provided further, that not less than $2,000,000 shall be expended for the project of dredging the 445 Ten Mile river; provided further, that not less than $500,000 shall be expended to the Friends of 446 Sholan Farms, Inc. for improvements at Sholan Farms in the city of Leominster; provided 447 further, that not less than $500,000 shall be expended for Main Street Indian Orchard downtown 448 revitalization in the city of Springfield; provided further, that not less than $500,000 shall be 449 expended for the development of athletic fields behind the Leominster high school in the city of 450 Leominster; provided further, that not less than $100,000 shall be expended for a United States 451 highway route 20 master plan; provided further, that not less than $5,000,000 shall be expended 452 for the Chinatown branch library in the city of Boston; provided further, that not less than 453 $100,000 shall be expended for recruitment and funding of an economic development 454 coordinator position for the town of Sudbury; provided further, that not less than $3,500,000 455 shall be expended for the Westmass Area Development Corporation to support the 456 redevelopment and expansion of properties and expenses associated with carbon neutral 457 developments to support the residents and businesses of Ludlow Mills; provided further, that not 458 less than $500,000 shall be expended for Sturdy Health, Inc. for the completion and 459 interconnection of a combined heat and power plant aimed at minimizing the use of fossil-fuel 460 heating and cooling at their facility in the city of Attleboro; provided further, that not less than 461 $50,000 shall be expended for the Corporation for Public Management for the development of a CORRECTED 22 of 319 462 downtown initiative in the city of Chicopee; provided further, that not less than $500,000 shall 463 be expended for a water pollution control pump station and combined sewer overflow facility 464 improvements in the city of Chicopee; provided further, that not less than $35,000 shall be 465 expended for the implementation of Locally Grown Sudbury, including Sudbury grown fairs, a 466 climate resilient food security engagement series, a farmers' market feasibility plan and other 467 initiatives for the town of Sudbury; provided further, that not less than $500,000 shall be 468 expended to the city of Leominster for the stabilization of the North Nashua river; provided 469 further, that not less than $250,000 shall be expended for the development and expansion of 470 water infrastructure in the town of Charlton to encourage business development and mitigate 471 PFAS; provided further, that not less than $2,500,000 shall be expended for capital upgrades to 472 the Lynn Community Health Center; provided further, that not less than $250,000 shall be 473 expended for Black History in Action for Cambridgeport, Inc in the city of Cambridge for the 474 design and construction of the Center for Black Exuberance to foster collective liberation 475 practices through the arts, education and public history; provided further, that not less than 476 $5,000,000 shall be expended for capital improvements to the Boston Shipyard and Marina; 477 provided further, that not less than $250,000 shall be expended for Hope Community 478 Development Corporation in the city of Springfield for community outreach; provided further, 479 that not less than $1,000,000 shall be expended for new sidewalks, pedestrian safety, traffic 480 calming and capital improvements for the town of Hamilton’s core business district; provided 481 further, that not less than $250,000 shall be expended for Boys & Girls Club Family Center, Inc. 482 on Acorn street in the city of Springfield; provided further, that not less than $250,000 shall be 483 expended for the Spring of Hope body and soul program; provided further, that not less than 484 $1,500,000 shall be expended for capital improvements to Museum of African American CORRECTED 23 of 319 485 History, Incorporated; provided further, that not less than $150,000 shall be expended to the 486 town of Georgetown for the Georgetown Youth Community Center to help youth and at-risk 487 youth develop networking and job skills; provided further, that not less than $2,500,000 shall be 488 expended for the expansion and renovation of the Huntington theatre; provided further, that not 489 less than $300,000 shall be expended to the city of Medford for revitalizing Medford square’s 490 waterfront area for community use and recreational purposes; provided further, that not less than 491 $2,500,000 shall be expended to the city of Boston for the construction planning, capital projects 492 and deferred maintenance by Revolutionary Spaces, Inc. at the Old State House and Old South 493 Meeting House; provided further, that not less than $250,000 shall be expended to Parent 494 Villages, Inc. for a youth outreach center; provided further, that not less than $300,000 shall be 495 expended to Riverside Place in the city of Medford for the installation of seating and outdoor 496 coverage for residents; provided further, that not less than $250,000 shall be expended to 497 Springfield Neighborhood Housing Services, Inc.; provided further, that not less than $150,000 498 shall be expended to the town of Topsfield for public safety and access improvements to enhance 499 connectivity in and around the downtown area; provided further, that not less than $150,000 shall 500 be expended to the town of Ipswich for the weatherization and efficiency upgrades to the historic 501 Hall-Haskell House and its surrounding historic district; provided further, that not less than 502 $2,000,000 shall be expended for the expansion of the Berkshire Innovation Center at the 503 William Stanley Business Park in the city of Pittsfield; provided further, that not less than 504 $5,000,000 shall be expended to Harvard Street Neighborhood Health Center Inc. for the purpose 505 of planning and construction of a new state of the art, ADA-compliant health center in the 506 Dorchester section of the city of Boston; provided further, that not less than $1,500,000 shall be 507 expended to the city of Fitchburg to assist with the redevelopment, renovation and site CORRECTED 24 of 319 508 improvement of underutilized properties to provide additional housing capacity; provided 509 further, that not less than $1,000,000 shall be expended for Lowell Community Health Center, 510 Inc. for the development and operation of the Family Medicine Residency Program; provided 511 further, that not less than $250,000 shall be expended to the town of Mansfield for the designing, 512 planning and improving development in the parkway from North Main street and Chauncy street; 513 provided further, that not less than $150,000 shall be expended to the town of Newbury for the 514 construction of a new, ADA-compliant playground at the Central street athletic fields; provided 515 further, that not less than $100,000 shall be expended to the city of Lawrence for the 516 rehabilitation of the handball court located at the corner of Oxford street and Lowell street; 517 provided further, that not less than $10,000,000 shall be expended to UTEC, Inc. for establishing 518 a new social enterprise facility to provide employment training and best reduce recidivism for 519 individuals in the Merrimack valley area; provided further, that not less than $5,000,000 shall be 520 expended to Sueños Basketball for the construction or procurement of a new youth athletic 521 facility center in Lawrence; provided further, that not less than $500,000 shall be expended to the 522 Fitchburg public library to develop a learning lab for resume workshops and job training 523 programming; provided further, that not less than $2,500,000 shall be expended to the city of 524 Boston for the design and construction of the BCYF Dorchester Community Center; provided 525 further, that not less than $150,000 shall be expended to the town of Southampton for the 526 construction of a new safety complex; provided further, that not less than $35,000 shall be 527 expended for the Godfrey Triangle WWII memorial restoration in Springfield; provided further, 528 that not less than $5,000,000 shall be expended to the city of Boston for the design and 529 renovation of Madison Park Technical Vocational high school; provided further, that not less 530 than $1,000,000 shall be expended for repairs to public parking garages to revitalize the Malden CORRECTED 25 of 319 531 center area of the city of Malden; provided further, that not less than $1,000,000 shall be 532 expended for revitalization of the Pleasant street business district in the city of Malden; provided 533 further, that not less than $300,000 shall be expended to Chelsea Black Community Inc. to 534 support the infrastructure needed for in-house workforce development initiatives; provided 535 further, that not less than $500,000 be expended to La Colaborativa to support expanded access 536 to green jobs and workforce development programs to residents with limited work readiness 537 skills or English fluency; provided further, that not less than $350,000 shall be expended to 538 Governor Bellingham-Cary House Association for needed renovations of the Governor 539 Bellingham-Cary House; provided further, that not less than $800,000 shall be expended for the 540 reconstruction, improvements and to upgrade access to the boat ramp, parking lot and shore 541 fishing facility at Laurel lake in the town of Lee; provided further, that not less than $150,000 542 shall be expended to the town of Somerset for the façade grant program to assist small businesses 543 in improving their commercial building façades and other exterior features; provided further, that 544 not less than $2,500,000 shall be expended to the Boston Symphony Orchestra for security 545 upgrades at Tanglewood in Berkshire county; provided further, that not less than $250,000 shall 546 be expended for the development of a micro-regional transit program in southern Berkshire 547 county; provided further, that not less than $500,000 shall be expended for the city of Worcester 548 to establish a storefront façade improvement program; provided further, that not less than 549 $500,000 shall be expended for the town of Leicester to redevelop and re-use town-managed 550 property for the development of an entrepreneurship center and commercial kitchen; provided 551 further, that not less than $1,000,000 shall be expended to Berkshire Film and Media 552 Collaborative, Inc. for the completion of the International Education center in Berkshire county; 553 provided further, that not less than $500,000 shall be expended for the emergency replacement of CORRECTED 26 of 319 554 the Brookside road bridge in the town of Great Barrington; provided further, that not less than 555 $2,500,000 shall be expended for the acquisition of 167-171 Main street in the city of 556 Marlborough for the design, construction and further economic development efforts of the 557 Marlborough village district; provided further, that not less than $500,000 shall be expended for 558 the town of Leicester to partner with Massachusetts Biotechnology Council, Inc. to establish a 559 veterinary training and research program; provided further, that not less than $300,000 shall be 560 expended for fire and emergency medical services in the town of Norfolk; provided further, that 561 not less than $250,000 shall be expended to the town of Tewksbury to assist in redesigning route 562 38 in the town of Tewksbury from Colonial drive to Shawsheen street; provided further, that not 563 less than $250,000 shall be expended for the redesign of route 38 in the town of Tewksbury; 564 provided further, that not less than $250,000 shall be expended to the town of Wilmington to 565 assist in redesigning route 38 in the town of Wilmington from Burlington avenue to Richmond 566 street; provided further, that not less than $2,000,000 shall be expended to the city of Boston for 567 the redesign and construction of Blue Hill avenue; provided further, that not less than $1,000,000 568 shall be expended to the town of Tewksbury for restoration, clearing and renovation of, or 569 development of the Trahan Elementary school and North Street Elementary school properties; 570 provided further, that not less than $20,000 shall be expended to the town of Norwell for the 571 purpose of promoting an economic growth plan and making improvements within the town; 572 provided further, that not less than $500,000 shall be expended to the town of Tewksbury for the 573 construction or renovation of sidewalks on North street; provided further, that not less than 574 $1,000,000 shall be expended for the North End Waterfront Neighborhood Health Center; 575 provided further, that not less than $300,000 shall be expended to the town of Southborough for 576 economic development projects, including wayfinding signage; provided further, that not less CORRECTED 27 of 319 577 than $300,000 shall be expended to the town of Northborough for economic development 578 projects, including wayfinding signage and signage and façade improvements to the downtown 579 area in the town of Northborough; provided further, that not less than $400,000 shall be 580 expended to the town of Westborough for economic development projects, including the creation 581 of an electric vehicle station plan, costs associated with rotary redesign, sidewalk improvements, 582 and municipal parking improvements, and other projects in the town of Westborough; provided 583 further, that not less than $500,000 shall be expended to Habitat for Humanity Greater Boston, 584 Inc. for infrastructure, renovation and development costs at 104-108 Walter street in the 585 Roslindale section of the city of Boston; provided further, that not less than $2,000,000 shall be 586 expended to the city of Boston for the design and renovation of Billings field in the West 587 Roxbury section of the city of Boston; provided further, that not less than $45,000 shall be 588 expended for the town of Boxborough for the replacement of the culvert at Guggins brook 589 beneath Liberty Square road; provided further, that not less than $50,000 shall be expended to 590 the Economic Development Council of Western Massachusetts, Inc. to assist displaced 591 businesses in the city of Springfield; provided further, that not less than $1,000,000 shall be 592 expended to assist the city of Worcester in its 10-year cultural plan to promote diversity, equity 593 and inclusion programming; provided further, that not less than $250,000 shall be expended to 594 Old Hill Community Center in the city of Springfield; provided further, that not less than 595 $100,000 shall be expended for the Dismas House in the city of Worcester; provided further, that 596 not less than $200,000 shall be expended for the Salem YMCA childcare program outdoor 597 recreational center; provided further, that not less than $500,000 shall be expended for the 2-year 598 pilot program to expand the service of the Salem Skipper into the city of Beverly and the town of 599 Danvers; provided further, that not less than $1,000,000 shall be expended for the South Salem CORRECTED 28 of 319 600 commuter rail stop to support the final design phase work; provided further, that not less than 601 $1,500,000 shall be expended to CitySpace, Inc. in the city of Easthampton for the renovation of 602 the old town hall; provided further, that not less than $650,000 shall be expended to Helfrich 603 Brothers Inc. for the investment of advanced machinery specifically designed for the 604 manufacturing of GreenTech products; provided further, that not less than $750,000 shall be 605 expended to the office of transportation planning to conduct a land use and transportation study 606 of the interstate 495 corridor and MetroWest region of the commonwealth as recommended by 607 the 2018 495/MetroWest Suburban Edge Community commission, including: (i) the current 608 conditions of regional transportation in the region; (ii) establishing the future regional 609 transportation, housing and economic development priorities; (iii) making recommendations to 610 improve the region's residents' and workers' mobility; and (iv) connecting the region’s major 611 transit routes; provided further, that not less than $1,000,000 shall be expended to the YMCA of 612 the North Shore, Inc. for the Haverhill YMCA development projects; provided further, that not 613 less than $1,000,000 shall be expended to the city of Haverhill for the repair and renovation of 614 the Haverhill stadium and other park and recreation projects; provided further, that not less than 615 $10,000,000 shall be expended to the Haverhill public library for necessary improvements to 616 infrastructure and accessibility; provided further, that not less than $300,000 shall be expended 617 to the Springfield Symphony Orchestra, Inc. to develop and grow the Springfield symphony 618 youth orchestra and educational programming initiative, for the development of new 619 employment opportunities including paid student internships, for scholarship dollars for 620 educational concerts and to create programming in western Massachusetts; provided further, that 621 not less than $2,000,000 shall be expended for the Boys & Girls Club of Greater Lowell, Inc. for 622 the repair and renovation of the club’s property at Middlesex street in the city of Lowell to allow CORRECTED 29 of 319 623 for the expansion and creation of programs to provide workforce development training, aid in 624 closing the academic achievement gap and for the creation of permanent new jobs in the city of 625 Lowell; provided further, that not less than $1,000,000 shall be expended to convert the former 626 McKinley school in the city of Revere into a food hub; provided further, that not less than 627 $10,000,000 shall be expended for Suffolk Downs to support mixed use development for the 628 project in the city of Boston and the city of Revere; provided further, that not less than $280,000 629 shall be expended for the city of Revere to conduct a master planning exercise for the Squire 630 road corridor; provided further, that not less than $50,000,000 shall be expended for Nubian 631 square for a life sciences training development on the Blair site in the Dudley Square economic 632 development area in the city of Boston; provided further, that not less than $1,000,000 shall be 633 expended to address business improvements and vacancy in West Medford square in the city of 634 Medford; provided further, that not less than $1,000,000 shall be expended for improvements to 635 business districts, sidewalks and bridge repairs in the town of Arlington; provided further, that 636 not less than $1,000,000 shall be expended to address business improvements and vacancy in the 637 town of Arlington; provided further, that not less than $4,700,000 shall be expended for capital 638 repairs, ADA enhancements and a feasibility study for water line replacement on Georges island; 639 provided further, that not less than $2,000,000 shall be expended to the city of Quincy for 640 dredging the channel in Quincy Bay and beach restoration in the Merrymount neighborhood; 641 provided further, that not less than $500,000 shall be expended for Pawtucket Farm Wildlife 642 Sanctuary to protect the last farm in Lowell for urban agriculture, community gardens, youth 643 career development and to build an urban environmental education center; provided further, that 644 not less than $500,000 shall be expended for the Planned Parenthood League of Massachusetts, 645 Inc. for infrastructure projects, including but not limited to, renovations, facility upgrades and the CORRECTED 30 of 319 646 expansion of health service areas, to enhance healthcare delivery and support community health 647 needs; provided further, that not less than $1,000,000 shall be expended for the city of Boston to 648 develop a design of a comprehensive park renovation of Clifford park; provided further, that not 649 less than $75,000 shall be expended to the Brookline Community Foundation, Inc. for 650 community theater and diverse cultural programming; provided further, that not less than 651 $5,000,000 shall be expended for the New Bedford Whaling Museum’s welcome and exhibition 652 center; provided further, that not less than $750,000 shall be expended for capital funding to find 653 a new accessible home for Vinfen’s Gateway Arts program, which provides working artists with 654 disabilities a vocational and employment opportunity fostering independence in the community; 655 provided further, that not less than $3,000,000 shall be expended for YMCA Southcoast for 656 infrastructure upgrades; provided further, that not less than $1,000,000 shall be expended for 657 construction of a boat renovation, storage and educational workshop space at the Azorean 658 Maritime Heritage Society, Inc. in the city of New Bedford; provided further, that not less than 659 $2,000,000 shall be expended for the Eastern States Exposition in West Springfield for 660 improvements to the Better Living Center to increase economic activity and tourism in western 661 Massachusetts; provided further, that not less than $500,000 shall be expended for the town of 662 Scituate for the design and construction of North Scituate sewer; provided further, that not less 663 than $500,000 shall be expended for costs associated with the purchase of information 664 technology, medical equipment and interior building construction and licensing for a community 665 health center in the city of Springfield; provided further, that not less than $500,000 shall be 666 expended for improvements to downtown area in the town of Plympton to increase economic 667 activity; provided further, that not less than $800,000 shall be expended for improvements at the 668 intersection of Great Pond road and Osgood street on state highway route 125 and the nearby CORRECTED 31 of 319 669 vicinity in the town of North Andover; provided further, that not less than $3,000,000 shall be 670 expended for Worcester Polytechnic Institute to establish an Innovation Hub for Recovery and 671 Regeneration to serve as a focal point in research, workforce development, corporate-university 672 partnerships and entrepreneurial growth in the region; provided further, that not less than 673 $10,000,000 shall be expended for the Massachusetts Port Authority for the planning and 674 rehabilitation of the North Jetty located in the South Boston waterfront to support the offshore 675 wind industry and to import special project and break-bulk cargoes; provided further, that not 676 less than $500,000 shall be expended for the town of Kingston for roadway safety 677 improvements; provided further, that not less than $250,000 shall be expended for the purpose of 678 identifying a proper site and management model and establishing an Upper Cape Blue Economy 679 and Business Accelerator as identified in the Cape Cod Blue Economy Project: A Call to Action 680 report; provided further, that not less than $10,000,000 shall be expended for the reconstruction 681 and rehabilitation of the South Jetty in the Raymond L. Flynn Marine Park in the South Boston 682 section of the city of Boston; provided further, that not less than $250,000 shall be expended to 683 the town of Halifax to assist with the implementation of the MBTA Communities Act provisions; 684 provided further, that not less than $800,000 shall be expended for Westfield State University to 685 build a new mental health hub to address workforce shortages in behavioral health, nursing and 686 healthcare in western Massachusetts; provided further, that not less than $50,000 shall be 687 expended for the Allston-Brighton Community Development Corporation to renovate the Hill 688 House in the city of Boston; provided further, that not less than $100,000 shall be expended for 689 improvements to the South Shore Irish Heritage Trail in the town of Scituate; provided further, 690 that not less than $1,000,000 shall be expended for the historic Iron Horse Music Hall in the city 691 of Northampton; provided further, that not less than $250,000 shall be expended for the Center CORRECTED 32 of 319 692 After School Program, Inc. in the city of Springfield; provided further, that not less than 693 $5,000,000 shall be expended for the Boston Children’s Museum for planning, repairs, 694 renovations, improvements, construction and the modernization of facilities, infrastructure, 695 equipment and other capital needs; provided further, that not less than $100,000 shall be 696 expended for the town of Scituate for maintenance and improvements to the Scituate Visitor 697 Center; provided further, that not less than $4,300,000 shall be expended for marina and pier 698 enhancements on Spectacle Island; provided further, that not less than $1,000,000 shall be 699 expended for the city of Boston for the design of connection walking paths to Moakley park in 700 the South Boston section of the city of Boston; provided further, that not less than $500,000 shall 701 be expended for the Zeiterion Performing Arts Center, Inc., for its reopening planning and 702 support; provided further, that not less than $2,000,000 shall be expended for the study, design 703 and construction of a new school building for the Shaw-Taylor Elementary School in the city of 704 Boston; provided further, that not less than $2,000,000 shall be expended for the city of 705 Worcester to support the historic preservation and adaptive reuse of the Worcester Memorial 706 Auditorium; provided further, that not less than $150,000 shall be expended for the Plymouth 707 Regional Economic Development Foundation, Inc. to study ways to meet the needs of resident 708 entrepreneurs and manufacturers; provided further, that not less than $150,000 shall be expended 709 to the town of Plymouth to conduct site assessments and determine suitable locations for 710 commercial redevelopment; provided further, that not less than $150,000 shall be expended to 711 the town of Plymouth to hire a consultant to assist with the Plymouth regional convention center 712 implementation strategy, including site selection, pre-design work, determining market 713 performance, build program, job creation projections, incentives package and infrastructure 714 improvement; provided further, that not less than $150,000 shall be expended to the town of CORRECTED 33 of 319 715 Plymouth for improvements to the Herring pond and State road intersection to support 716 commercial growth in the village of Cedarville; provided further, that not less than $500,000 717 shall be expended for renovations and restoration of the Soldiers and Sailors Memorial Building 718 in the city of Melrose; provided further, that not less than $522,000 shall be expended for capital 719 repairs and Americans with Disabilities Act enhancements to Peddocks island pier; provided 720 further, that not less than $100,000 shall be expended to the town of Clinton for waste removal at 721 the WHEAT Community Services site; provided further, that not less than $250,000 shall be 722 expended to the town of Oxford to facilitate the expansion of sewer services through 723 intermunicipal sewer agreements; provided further, that not less than $100,000 shall be expended 724 to the town of Clinton for furnishings, equipment and materials in support of beautification and 725 placemaking activities in downtown Clinton; provided further, that not less than $250,000 shall 726 be expended for storefront improvements of the Centralville section in the city of Lowell; 727 provided further, that not less than $2,000,000 shall be expended to the town of Canton for the 728 purposes of redeveloping the former St. Gerard Majella church property on Washington street in 729 the town of Canton; provided further, that not less than $500,000 shall be expended for the 730 museum at the Paul Revere Heritage Site in the town of Canton; provided further, that not less 731 than $500,000 shall be expended for improvements to the industrial park in the town of Avon; 732 provided further, that not less than $250,000 shall be expended for the town of Douglas to 733 conduct an updated Master Plan; provided further, that not less than $500,000 shall be expended 734 for roadway and sidewalk improvements for Billerica Center and Boston Road in the town of 735 Billerica; provided further, that not less than $200,000 shall be expended to the city of Westfield 736 for the South Maple and Pleasant streets economic development projects; provided further, that 737 not less than $500,000 shall be expended to Northern Essex Community College to create CORRECTED 34 of 319 738 pathways for high school students to pursue licensed practical nurse certification alongside their 739 high school diploma; provided further, that not less than $1,000,000 shall be expended to the city 740 of Boston for the renovation of Daisy field at Olmsted park; provided further, that not less than 741 $100,000 shall be expended to the Springfield Museums Corporation for renovations to the 742 childhood home and garage of Dr. Seuss; provided further, that not less than $100,000 shall be 743 expended to the town of Marshfield for 4 solar panel pedestrian lights; provided further, that not 744 less than $50,000 shall be expended to the city of Lowell for a feasibility study and schematic 745 design in conjunction with the Merrimack Valley Rowing Association for the development of a 746 boathouse and restaurant on property located along the Merrimack river; provided further, that 747 not less than $500,000 shall be expended for the design and construction of the Sword street 748 culvert replacement project in the town of Auburn; provided further, that not less than $200,000 749 shall be expended to the town of Oxford for economic development of the downtown area; 750 provided further, that not less than $500,000 shall be expended to the city of Melrose for 751 renovations to its public safety buildings; provided further, that not less than $1,000,000 shall be 752 expended to the town of Bedford for public infrastructure related to the proposed fire station at 753 139 Great road; provided further, that not less than $75,000 shall be expended to the Trustees of 754 Reservations for renovations at the William Cullen Bryant homestead property in the town of 755 Cummington; provided further, that not less than $1,500,000 shall be expended on the New 756 Garden Park, Inc infrastructure improvements for the Greendale Project in the city of Worcester; 757 provided further, that not less than $250,000 shall be expended for the Middlesex 3 Coalition to 758 improve economic development programs in the Middlesex 3 region along United States 759 highway route 3 from the town of Burlington to the New Hampshire border; provided further, 760 that not less than $1,000,000 shall be expended for the Create 508 - Youth Creatives and CORRECTED 35 of 319 761 Entrepreneurs program in the city of Worcester; provided further, that not less than $125,000 762 shall be expended for efforts to implement a wayfinding signage plan in Hingham Harbor and to 763 highlight assets to growing businesses, regional shoppers and travelers; provided further, that not 764 less than $500,000 shall be expended to the city of Brockton for roadway and safety 765 improvements at D.W. Field park; provided further, that not less than $1,000,000 shall be 766 expended to the city of Lawrence for small business loans, startup incubators and grants for local 767 businesses to expand operations and create jobs; provided further, that not less than $250,000 768 shall be expended for the restoration of the Damon Tavern in the town of North Reading; 769 provided further, that not less than $250,000 shall be expended for the Lowell Youth Leadership 770 Program, Inc. in the city of Lowell; provided further, that not less than $5,000,000 shall be 771 expended to expand the life sciences apprenticeship program administered by the Massachusetts 772 Biotechnology Educational Foundation, Inc.; provided further, that not less than $250,000 shall 773 be expended to the town of Walpole in order to reopen the East Walpole Fire Station; provided 774 further, that not less than $300,000 shall be expended to the Neponset River Regional Chamber 775 of Commerce; provided further, that not less than $75,000 in matching grants shall be expended 776 for improvements to Newhall Park in the town of Lynnfield; provided further, that not less than 777 $100,000 shall be expended to the Neponset River Regional Chamber to establish a business 778 incubator accelerator space for regional business growth; provided further, that not less than 779 $5,000,000 shall be expended for a pilot program for supportive housing loans and rental 780 assistance through the Massachusetts rental voucher program to support the development by the 781 Charles River Center of permanent independent housing for individuals with autism or 782 intellectual disabilities in an integrated housing development, through partnerships with 1 or 783 more nonprofit organizations and including the provision of services to such development; CORRECTED 36 of 319 784 provided further, that not less than $500,000 shall be expended to the city of Brockton for the 785 support of downtown revitalization efforts; provided further, that not less than $125,000 shall be 786 expended to the town of Reading for the proper recognition of former resident, civil rights leader 787 and Boston Celtics’ great Bill Russell; provided further, that not less than $1,000,000 shall be 788 expended to the town of Belchertown for repairs, renovations and remediation of town-owned 789 buildings formerly serving as the Belchertown State School; provided further, that not less than 790 $1,000,000 shall be expended to the city of Lawrence for training programs, apprenticeships and 791 educational initiatives to enhance the skills of the workforce and meet the needs of emerging 792 industries; provided further, that not less than $950,000 shall be expended for the 793 RecoveryWorks program at Massachusetts General Hospital; provided further, that not less than 794 $200,000 in matching grants shall be expended for the construction of the new municipal 795 complex in the town of Middleton; provided further, that not less than $1,000,000 shall be 796 expended to the town of West Springfield for planning and acquiring land for the development of 797 a new police station; provided further, that not less than $250,000 shall be expended to the town 798 of Oxford to construct a “Welcome & Interpretive Center” in conjunction with expanded 799 community wayfinding, branding and streetscape improvements; provided further, that not less 800 than $150,000 shall be expended for the establishment of the Greylock Glen Commission; 801 provided further, that not less than $325,000 shall be expended to Lever, Inc. to support 802 entrepreneurs in Berkshire county; provided further, that not less than $500,000 shall be 803 expended for the Williamstown Meetinghouse Preservation Fund, Inc.; provided further, that not 804 less than $250,000 shall be expended for the Adams Theater in the town of Adams; provided 805 further, that not less than $325,000 shall be expended for renovations of the Mohawk Theater in 806 the town of North Adams; provided further, that not less than $350,000 shall be expended for the CORRECTED 37 of 319 807 Massachusetts Museum of Contemporary Art in the town of North Adams; provided further, that 808 not less than $500,000 shall be expended to the town of Burlington for a design study to advance 809 state highway route 3A and Cambridge street roadway improvements that support safe mobility 810 options and unlock new housing and mixed-use development in the Burlington town center; 811 provided further, that not less than $1,000,000 shall be expended to the city known as the town 812 of Amherst to make business district sidewalks fully accessible to residential neighborhoods; 813 provided further, that not less than $1,000,000 shall be expended for construction and other 814 project costs of a new department of public works facility in the town of Boxford; provided 815 further, that not less than $1,000,000 shall be expended to the town of Granby to develop, 816 renovate or construct the Granby municipal building; provided further, that not less than $50,000 817 shall be expended to the town of Wellesley for the early development stages of an arts and 818 cultural center; provided further, that not less than $500,000 shall be expended for capital 819 improvements to Follow Your Art Community Studios, Inc. in the city of Melrose; provided 820 further, that not less than $200,000 shall be expended to the town of Dighton for infrastructure 821 upgrades to the Main street corridor zoned for business; provided further, that not less than 822 $50,000 shall be expended for façade and storefront improvements in the Vinal square section of 823 the town of Chelmsford; provided further, that not less than $5,000,000 shall be expended for 824 rural wastewater and public water supplies; provided further, that not less than $1,000,000 shall 825 be expended to the city known as the town of Amherst for the installation of solar canopies on 826 municipal parking lots; provided further, that not less than $500,000, shall be expended for 827 Americans with Disabilities Act compliance for elevator construction for the redevelopment of 828 multi-story properties within business districts in the city of Lowell; provided further, that not 829 less than $100,000 shall be expended to the town of West Newbury for the construction of a CORRECTED 38 of 319 830 crosswalk at the Page school/Pipestave intersection; provided further, that not less than $750,000 831 shall be expended to the Woburn Golf and Ski Authority for water delivery system 832 improvements, including irrigation; provided further, that not less than $500,000 shall be 833 expended to the Shelburne Falls fire district for the bridge of flowers; provided further, that not 834 less than $50,000 shall be expended for the Sports Museum of New England for archive 835 preservation support for exhibits, visitors and the commonwealth; provided further, that not less 836 than $1,000,000 shall be expended to the town of Boxford for the repairs to the superstructure of 837 the Endicott road bridge; provided further, that not less than $10,000,000 shall be expended to 838 support the critical care operations of New England Life Flight, Inc., d/b/a Boston MedFlight; 839 provided further, that not less than $500,000 shall be expended for a commercial fisheries 840 workforce development training program in the Cape Cod region to build a career pipeline that 841 supports the commercial fishing industry; provided further, that not less than $1,000,000 shall be 842 expended to the Naismith Basketball Hall of Fame in the city of Springfield to establish a new 843 major exhibit exploring the intersection of basketball and hip-hop music, showcasing its diverse 844 impact on society; provided further, that not less than $12,000,000 shall be expended for 845 construction, renovation and infrastructure improvements to support the imaging innovation 846 initiative for the Marine Biological Laboratory located in Woods Hole section of the town of 847 Falmouth; provided further, that not less than $1,000,000 shall be expended for Greentown Labs 848 in the city of Somerville for operations and diverse entrepreneurship program, operational 849 support and for graduates of the Accel accelerator program for diverse entrepreneurs to join the 850 Greentown incubator as member companies; provided further, that not less than $2,000,000 shall 851 be expended to Roxbury Main Streets to provide relief for license fees, rent and payroll for micro 852 businesses on Blue Hill avenue; provided further, that not less than $300,000 shall be expended CORRECTED 39 of 319 853 to the city known as the town of Agawam for the Walnut street extension and the Ramah circle 854 redevelopment and redesign project; provided further, that not less than $150,000 shall be 855 expended to the Cape Cod Chamber of Commerce and the Cape Cod Commission to support 856 deployment of electric vehicle charging stations at Cape Cod hotels and other accommodation 857 locations by analyzing industry and local trends, creating installation and grant guides, 858 conducting outreach and support activities, and developing a pilot incentive program to 859 complement existing state and utility programs; provided further, that not less than $2,000,000 860 shall be expended for the Middleton Electric Light Department in the town of Middleton to 861 modernize, upgrade and expand electrical power transmission and distribution infrastructure for 862 the purpose of ensuring an adequate backup system for the town’s municipal and public safety 863 facilities, electric vehicle infrastructure and utility scale solar, battery storage capacity during 864 grid outages; provided further, that not less than $350,000 shall be expended to support New 865 England Public Media's facility through infrastructure improvements and staffing that will serve 866 to create economic opportunities, promote job creation, increase industry innovation and support 867 community engagement; provided further, that not less than $5,000,000 shall be expended to 868 support the replacement and upgrade of the energy and heating system at Beverly Hospital; 869 provided further, that not less than $500,000 shall be expended to the town of Danvers for river 870 resiliency upgrades and expanding pedestrian access to Danversport waterfront and businesses; 871 provided further, that not less than $50,000 shall be expended for the startup of the Framingham 872 Economic Development Corporation established in chapter 283 of the acts of 2022; provided 873 further, that not less than $1,000,000 shall be expended for the pedestrian bridge at Torbert 874 MacDonald state park in the city of Medford; provided further, that not less than $150,000 shall 875 be expended for capital improvements in the town of Wenham to enhance and revitalize the CORRECTED 40 of 319 876 downtown corridor; provided further, that not less than $500,000 shall be expended to the town 877 of North Reading for roadway improvements to Concord street in the town of North Reading; 878 provided further, that not less than $1,000,000 shall be expended to expand and design the state 879 highway route 110 widening project in the town of Westford; provided further, that not less than 880 $3,000,000 shall be expended for the redevelopment of the property located at 12 North Main 881 street in the town of Westford; provided further, that not less than $200,000 shall be expended 882 for equipment, upgrades and other services for a wellness center for the police department of the 883 town of Westford; provided further, that not less than $250,000 shall be expended for 884 improvements to the Cogswell ArtSpace in the city of Haverhill; provided further, that not less 885 than $1,000,000 shall be expended to the city of Somerville to support adult education and 886 English literacy at the Somerville Center for Adult Learning Experiences; provided further, that 887 not less than $1,000,000 shall be expended for renovation and restoration of the Harry G. 888 Uhlman, Jr. Memorial Band Stand in Marine Park in the South Boston section of the city of 889 Boston; provided further, that not less than $5,000,000 shall be expended for businesses with not 890 more than 10 employees or sole proprietorships and annual net profits not exceeding $250,000; 891 provided further, that not less than $1,000,000 shall be expended to the Develop Springfield 892 Corporation to support the adaptive reuse for housing and commercial development for the main 893 and state street development project in the downtown section of the city of Springfield; provided 894 further, that not less than $200,000 shall be expended for lighting and security improvements to 895 the north end bike path in the city of Springfield; provided further, that not less than $500,000 896 shall be expended for Boston Little Saigon, Inc. to establish and maintain 1975: A Vietnamese 897 Diaspora Memorial in the Dorchester section of the city of Boston in the area known as the Little 898 Saigon district; provided further, that such funds may be expended for commemorative events in CORRECTED 41 of 319 899 2025 related to the fiftieth anniversary of the end of the Vietnam war; provided further, that not 900 less than $500,000 shall be expended to the town of Sterling for upgrades in downtown Sterling; 901 provided further, that not less than $20,000,000 shall be expended for a grant to the Martin 902 Richard Foundation and the Boys and Girls Clubs of Dorchester, Inc. to support the construction 903 and renovation of the fieldhouse in the Harbor Point neighborhood in the Dorchester section of 904 the city of Boston, a facility utilized for advancing the social, intellectual or physical needs of 905 children and youth; provided further, that the grants may be matched from local and private 906 sources; provided further, that not less than $1,000,000 shall be expended to the Leahy-Holloran 907 Community Center for infrastructure upgrades and maintenance of the pool, locker room and 908 restroom facilities; provided further, that not less than $500,000 shall be expended to the city of 909 Braintree for economic development; provided further, that not less than $1,000,000 shall be 910 expended for Fields Corner Main Streets to develop and maintain a transit-oriented, vibrant and 911 diverse business district; provided further, that not less than $150,000 shall be expended for 912 economic development in the town of Belmont; provided further, that not less than $250,000 913 shall be expended for economic development in the town of Holbrook; provided further, that not 914 less than $300,000 shall be expended for the Irish Pastoral Center for resources and staffing to 915 provide educational and workforce training to low-income and marginalized residents; provided 916 further, that not less than $250,000 shall be expended for Gallivan boulevard median for 917 greening through tree cover in the Dorchester section of the city of Boston; provided further, that 918 not less than $400,000 shall be expended for Boston Harbor Now, Inc. for an electrified ferry 919 fleet from the Boston Harbor Islands National and State Park area gateways; provided further, 920 that not less than $125,000 shall be expended for the town of West Springfield’s planning 921 department to promote economic development opportunities; provided further, that not less than CORRECTED 42 of 319 922 $1,000,000 shall be expended for costs associated with the Mount Auburn street improvement 923 project in the city of Watertown; provided further, that not less than $500,000 shall be expended 924 for the planning, design, renovation and restoration of the town common and town center in town 925 of Winchester; provided further, that not less than $500,000 shall be expended for the planning, 926 design, renovation and restoration of the Winchester Town Hall; provided further, that not less 927 than $500,000 shall be expended for intersection improvements in the town of Stoneham; 928 provided further, that not less than $500,000 shall be expended for the planning, design, 929 renovation and restoration of Whip Hill in the town of Stoneham; provided further, that not less 930 than $500,000 shall be expended to obtain right-of-way as necessary for reconstruction of the 931 intersection of North Quincy street and Crescent street in the city of Brockton; provided further, 932 that not less than $500,000 shall be expended for Brockton public safety complex; provided 933 further, that not less than $400,000 shall be expended for the monitoring, stabilization or capping 934 of a ground soil PFAS contamination site near the town water wells in the town of Pepperell; 935 provided further, that not less than $500,000 shall be expended for the town of Dunstable for the 936 development of the Dunstable town center trail loop to enhance accessibility and encourage 937 active transportation and recreation; provided further, that not less than $35,000 shall be 938 expended for the town of Harvard for the purchase of a drone to be used by the police and fire 939 departments; provided further, that not less than $500,000 shall be expended for the design and 940 construction of a youth programming facility operated by SPOKE in the Old Colony 941 Redevelopment in the South Boston section of the city of Boston; provided further, that not less 942 than $2,000,000 shall be expended for the design of Ryan Playground in the Charlestown section 943 of the city of Boston; provided further, that not less than $100,000 shall be expended for the Fort 944 Point Arts Community for art and music festivals and performances; provided further, that not CORRECTED 43 of 319 945 less than $500,000 shall be expended for Americans with Disabilities Act compliance at the 946 woodworking shop in the Dennis-Yarmouth Regional High School; provided further, that not 947 less than $500,000 shall be expended for the planning, design or construction of public 948 infrastructure projects in the Commercial Triangle area of the city of Everett; provided further, 949 that not less than $150,000 shall be expended for the improvements to street fronts of businesses 950 in the city of Everett; provided further, that not less than $2,000,000 shall be expended for the 951 redesign of Everett square; provided further, that not less than $200,000 shall be expended for 952 East Somerville Main Streets for the further promotion of East Somerville as a culinary and 953 cultural tourism destination; provided further, that not less than $20,000 shall be expended for 954 the 250th American Revolution anniversary planning and programming jointly by the town of 955 Danvers, Danvers Alarm List Co., Danvers Historical Society and Peabody Historical Society; 956 provided further, that not less than $500,000 shall be expended for the Amherst council on aging 957 facility in the city known as the town of Amherst; provided further, that not less than $5,000,000 958 shall be expended for the city of Somerville to improve pedestrian access to the East Somerville 959 MBTA Station; provided further, that not less than $5,000,000 shall be expended for the 960 department of conservation and recreation to create a public-private partnership to implement a 961 public marina at the dock located between the Steriti memorial skating rink and the Prince street 962 park on Commercial street in the North End section of the city of Boston; provided further, that 963 not less than $1,000,000 shall be expended to study economic viability and infrastructure along 964 state highway route 99 in the Sullivan Square section of Charlestown section of the city of 965 Boston; provided further, that not less than $2,000,000 shall be expended for PFAS mitigation 966 and remediation in the town of Littleton; provided further, that not less than $5,000,000 shall be 967 expended for the USS Constitution Museum to plan, design and fabricate dynamic interactive CORRECTED 44 of 319 968 exhibits to offer a world-class introduction in a new gateway facility; provided further, that not 969 less than $100,000 shall be expended for the One Bead Project for career readiness programming 970 for school age children in the city of Boston; provided further, that not less than $300,000 shall 971 be expended to the Newton Cultural Alliance for exterior signage and to make improvements to 972 the driveways and parking areas at the Nathaniel Allen House; provided further, that not less 973 than $350,000 shall be expended for the Belmont hockey program; provided further, that not less 974 than $100,000 shall be expended for the Ames Free Library in the town of Easton; provided 975 further, that not less than $75,000 shall be expended for the Newton Cultural Alliance, Inc., 976 Newton Community Pride and New Art Center in Newton, Inc. for the creation of the 977 Washington Street Cultural Coalition to provide research and staffing for the planning of a new 978 cultural district in the city of Newton to stimulate local businesses and cultural events; provided 979 further, that not less than $150,000 shall be expended for the town of Southwick for the design 980 and construction of culvert projects on Tannery road and Vining Hill road; provided further, that 981 not less than $150,000 shall be expended for economic development in the city known as the 982 town of Agawam; provided further, that not less than $150,000 shall be expended for economic 983 development in the town of Southwick; provided further, that not less than $60,000 shall be 984 expended for updating the 2019 Littleton Common revitalization road map; provided further, that 985 not less than $100,000 shall be expended for the Bacon Free Library in the town of Natick; 986 provided further, that not less than $25,000 shall be expended for Amesbury Chamber of 987 Commerce to update their computer systems; provided further, that not less than $100,000 shall 988 be expended for the Greater Lowell Chamber of Commerce to conduct small business training in 989 the city of Lowell and the towns of Billerica, Chelmsford, Dracut, Tewksbury and 990 Tyngsborough; provided further, that not less than $50,000 shall be expended for the Boys and CORRECTED 45 of 319 991 Girls Club of Greater Westfield, Inc.; provided further, that not less than $1,000,000 shall be 992 expended for infrastructure improvements on the site of the former Winthrop middle school on 993 Pauline street in the city of Winthrop; provided further, that not less than $10,000,000 shall be 994 expended for infrastructure and other public improvements to support the redevelopment of the 995 Watertown Square section of the city of Watertown; provided further, that not less than 996 $4,000,000 shall be expended for water system needs in the town of Northfield; provided further, 997 that not less than $4,000,000 shall be expended for a research and education regional simulation 998 lab at the Elaine Marieb College of Nursing at the University of Massachusetts at Amherst; 999 provided further, that not less than $1,000,000 shall be expended for design, engineering, repairs 1000 and improvements to the King street bridge in the town of Royalston; provided further, that not 1001 less than $1,000,000 shall be expended for capital repairs and improvements to the Academy of 1002 Music in the city of Northampton; provided further, that not less than $200,000 shall be 1003 expended for capital upgrades and improvements to the Veterans of Foreign Wars parkway in the 1004 West Roxbury section of the city of Boston; provided further, that not less than $200,000 shall be 1005 expended for capital upgrades and improvements to the West Roxbury parkway in the West 1006 Roxbury section of the city of Boston; provided further, that not less than $200,000 shall be 1007 expended for capital upgrades and improvements to the Turtle Pond parkway in the Hyde Park 1008 section of the city of Boston; provided further, that not less than $200,000 shall be expended for 1009 capital upgrades and improvements to the Enneking parkway in the Hyde Park section of the city 1010 of Boston; provided further, that not less than $500,000 shall be expended to Habitat for 1011 Humanity Greater Boston, Inc. for infrastructure, renovation and development costs at 104 to 1012 108 Walter street, inclusive, in the Roslindale section of the city of Boston; provided further, 1013 that not less than $250,000 shall be expended for capital upgrades at the Parkway Community CORRECTED 46 of 319 1014 YMCA in the West Roxbury section of the city of Boston; provided further, that not less than 1015 $250,000 shall be expended for capital upgrades at the Thomas M. Menino YMCA in the Hyde 1016 Park section of the city of Boston; provided further, that not less than $100,000 shall be 1017 expended to the town of Norwood for improvements to Morse Hill Veterans park; provided 1018 further, that not less than $1,000,000 shall be expended for the Roslindale Gateway Path project 1019 located in the Roslindale section of the city of Boston; provided further, that not less than 1020 $2,000,000 shall be expended to the city of Boston for the design and renovation of Billings field 1021 in the West Roxbury neighborhood of the city of Boston; provided further, that not less than 1022 $250,000 shall be expended to the town of Walpole to reopen the East Walpole fire station; 1023 provided further, that not less than $2,000,000 shall be expended to the department of 1024 conservation and recreation to implement an integrated approach for public access and trails and 1025 recreation opportunities to enhance visitor experiences at Havey beach located on the Charles 1026 river in the West Roxbury section of the city of Boston; provided further, that not less than 1027 $1,000,000 shall be expended for Jacob's Pillow Dance Festival, Inc. in the town of Becket for 1028 construction and development costs of a new theater; provided further, that not less than 1029 $200,000 shall be expended to the Berkshire Regional Planning Commission for business 1030 resiliency and succession planning activities; provided further, that not less than $1,000,000 shall 1031 be expended for renovation and improvements at the Berkshire Museum in the city of Pittsfield; 1032 provided further, that not less than $250,000 shall be expended to Berkshire Community College 1033 for the development and improvement of a workforce training and community education facility; 1034 provided further, that not less than $250,000 shall be expended to the Berkshire Historical 1035 Society for a feasibility study and acquisition, improvement and renovation costs for a Berkshire 1036 history center in the city of Pittsfield; provided further, that not less than $500,000 shall be CORRECTED 47 of 319 1037 expended to the town of Walpole to engage the necessary planning consultants to repurpose and 1038 redevelop the former Massachusetts Correctional Institution - Cedar Junction in the town of 1039 Walpole; provided further, that not less than $250,000 shall be expended to the Hilltown Youth 1040 Recovery Theater for a feasibility study, acquisition, improvements and capital costs for outdoor 1041 adventure-based educational programming and accessibility upgrades; provided further, that not 1042 less than $500,000 shall be expended to the Shaker Ridge Trails collaborative for infrastructure 1043 improvements and development of mountain bike trails in the towns of Hancock and 1044 Lanesborough; provided further, that not less than $500,000 shall be expended for well water 1045 infrastructure improvements in the town of Clarksburg and the city of North Adams for 1046 economic sustainability at the state highway route 2 hairpin turn corridor; provided further, that 1047 not less than $1,000,000 shall be expended to construct the gateway district sewer extension in 1048 the town of Lenox; provided further, that not less than $1,000,000 shall be expended to the city 1049 of Pittsfield for improvements, development and reconstruction of the historic Wahconah park; 1050 provided further, that not less than $500,000 shall be expended to the Massachusetts 1051 Biotechnology Education Foundation, Inc. for equipment, technology and other educational 1052 resources to support and expand the Life Sciences Career Hub and its workforce and 1053 apprenticeship programs; provided further, that not less than $2,000,000 shall be expended to the 1054 Carroll Center for the Blind, Inc. for the renovation of its residential-based independent living 1055 and workforce development training facilities; provided further, that not less than $1,000,000 1056 shall be expended to the city of Gloucester for planning and design of wastewater collection and 1057 treatment infrastructure projects; provided further, that not less than $500,000 shall be expended 1058 to the city of Newburyport for the installation of lights on State street and other economic 1059 development projects; provided further, that not less than $500,000 shall be expended to the CORRECTED 48 of 319 1060 town of Ipswich for economic development projects; provided further, that not less than 1061 $500,000 shall be expended to the town of Newbury for economic development projects; 1062 provided further, that not less than $500,000 shall be expended to the town of Salisbury for 1063 economic development projects; provided further, that not less than $500,000 shall be expended 1064 to the town of Rowley for economic development projects; provided further, that not less than 1065 $500,000 shall be expended to the town of Wenham for economic development projects; 1066 provided further, that not less than $500,000 shall be expended to the town of Manchester-By- 1067 The-Sea for economic development projects; provided further, that not less than $500,000 shall 1068 be expended to the town of Topsfield for economic development projects; provided further, that 1069 not less than $500,000 shall be expended to the town of Boxford for economic development 1070 projects; provided further, that not less than $500,000 shall be expended to the town of Rockport 1071 for economic development projects; provided further, that not less than $500,000 shall be 1072 expended to the town of Middleton for economic development projects; provided further, that 1073 not less than $500,000 shall be expended to the town of Hamilton for economic development 1074 projects; provided further, that not less than $500,000 shall be expended to the town of West 1075 Newbury for economic development projects; provided further, that not less than $500,000 shall 1076 be expended to the town of Essex for economic development projects; provided further, that not 1077 less than $500,000 shall be expended to the town of Georgetown for economic development 1078 projects; provided further, that not less than $500,000 shall be expended to the town of 1079 Groveland for economic development projects; provided further, that not less than $500,000 1080 shall be expended to the town of North Reading for economic development projects; provided 1081 further, that not less than $500,000 shall be expended to the town of North Andover for 1082 economic development projects; provided further, that not less than $5,000,000 shall be CORRECTED 49 of 319 1083 expended to the USS Constitution Museum to plan, design and fabricate dynamic interactive 1084 exhibits to offer a world-class introduction in a new gateway facility; provided further, that not 1085 less than $2,000,000 shall be expended for a new fire public safety facility in the city of Everett; 1086 provided further, that not less than $2,000,000 shall be expended for the planning, design and 1087 construction of public infrastructure projects along the state highway route 99 corridor in the city 1088 of Everett; provided further, that not less than $5,000,000 shall be expended for infrastructure 1089 improvements in the Arlington section of the city of Methuen including, but not limited to, 1090 drainage and sewerage, road pavement, engineering costs and business outreach; provided 1091 further, that not less than $1,000,000 shall be expended to the city of Lawrence for the Lawrence 1092 gateway project brownfield assessment to support planning and redevelopment for mixed use 1093 economic development, affordable housing, structured parking solar energy and energy 1094 efficiency; provided further, that not less than $1,000,000 shall be expended for the renovation of 1095 the O’Connell South Common in the city of Lawrence including, but not limited to, the 1096 completion of asbestos abatement, lead paint remediation and brick renovation and concrete 1097 masonry in the Vandekerkove bandstand; provided further, that not less than $1,000,000 shall be 1098 expended to the town of Bedford for public infrastructure related to the proposed fire station at 1099 139 Great road in the town of Bedford; provided further, that not less than $200,000 shall be 1100 expended to conduct a planning study to identify a secondary water source to support future 1101 housing and commercial growth in the town of Rutland; provided further, that not less than 1102 $1,000,000 shall be expended for improvements to the downtown area in the city of Gardner; 1103 provided further, that not less than $50,000 shall be expended for safety improvements at the 1104 intersection of Main street and state highway route 56 in the town of Rutland; provided further, 1105 that not less than $1,000,000 shall be expended for water and sewer rehabilitation upgrades in CORRECTED 50 of 319 1106 the town of Spencer; provided further, that not less than $500,000 shall be expended for 1107 upgrades to the pre-kindergarten and kindergarten school building in the town of Phillipston; 1108 provided further, that not less than $1,000,000 shall be expended for PFAS mitigation in the 1109 town of Princeton; provided further, that not less than $1,000,000 shall be expended for the 1110 establishment of a public safety complex in the town of West Brookfield; provided further, that 1111 not less than $250,000 shall be expended for the preparation of the demolition plan and RAM 1112 plan at the brownfield site in the town of Holden; provided further, that not less than $1,000,000 1113 shall be expended for capital expenditures in the town of Concord for events related to its two 1114 hundred and fiftieth anniversary celebration; provided further, that not less than $1,880,000 shall 1115 be expended to the city of Agawam for installing a new roofing system at the department of 1116 public works annex facility; provided further, that not less than $1,000,000 shall be expended for 1117 capital expenditures in the town of Lexington for events related to its two hundred and fiftieth 1118 anniversary celebration; provided further, that not less than $90,000 shall be expended to the city 1119 of Easthampton to develop the Easthampton Arts Hub; provided further, that not less than 1120 $2,700,000 shall be expended to the town of Barnstable for infrastructure improvements and 1121 other upgrades at Bismore Park Marina, the Marina at Prince Cove and Barnstable Harbor 1122 Marina; provided further, that not less than $2,300,000 shall be expended to the town of Eastham 1123 for the implementation and construction of a village center in the North Eastham section of the 1124 town of Eastham; provided further, that not less than $100,000 shall be expended to the city of 1125 Holyoke to support the Transformative Development Initiative fellow program; provided further, 1126 that not less than $5,000,000 shall be expended to the town of Provincetown for engineering, 1127 permitting and other costs associated with the construction of a visitors’ center for Stellwagen 1128 Bank National Marine Sanctuary; provided further, that not less than $100,000 shall be expended CORRECTED 51 of 319 1129 to the city of Holyoke for the purchase of new vehicles; provided further, that not less than 1130 $1,200,000 shall be expended to the town of Montgomery for culvert replacement on Main road; 1131 provided further, that not less than $100,000 shall be expended to the town of Russell for the 1132 planning and development of a new playground; provided further, that not less than $1,000,000 1133 shall be expended to the town of Southampton for construction of a new public safety complex; 1134 provided further, that not less than $500,000 shall be expended for capital expenditures in the 1135 town of Lincoln for events related to its fiftieth anniversary celebration; provided further, that 1136 not less than $500,000 shall be expended to the city of Westfield for infrastructure improvements 1137 to Turnpike Industrial road; provided further, that not less than $500,000 shall be expended to 1138 the city of Westfield for infrastructure improvements to Westfield Industrial Park road; provided 1139 further, that not less than $250,000 shall be expended to the city of Westfield for capital 1140 investments in equipment at Westfield Technical Academy; provided further, that not less than 1141 $500,000 shall be expended to the Westfield-Barnes Regional Airport for costs associated with 1142 designing, developing and constructing a new access taxiway to the southwest quadrant; 1143 provided further, that not less than $1,980,000 shall be expended to Westfield State University 1144 for the development and construction of a new mental health hub to address workforce shortages 1145 in behavioral health, nursing and healthcare in western Massachusetts; provided further, that not 1146 less than $1,500,000 shall be expended to the city of West Springfield for building 1147 redevelopment on Westfield street to promote economic development; provided further, that not 1148 less than $200,000 shall be expended to the city of Attleboro for the wayfinding signage 1149 program; provided further, that not less than $500,000 shall be expended for the Berkshire 1150 Community Land Trust Farmsteads for Farmers River Run Farm redevelopment project in the 1151 town of Great Barrington; provided further, that not less than $500,000 shall be expended to the CORRECTED 52 of 319 1152 town of Southwick for inland dredging of Lake Congamond; provided further, that not less than 1153 $500,000 shall be expended for the acquisition and development of and improvements to a new 1154 facility for Elizabeth Freeman Center, Inc. in the city of Pittsfield; provided further, that not less 1155 than $500,000 shall be expended for the Adams Memorial school building revitalization project 1156 in the town of Adams; provided further, that not less than $1,000,000 shall be expended to Irish 1157 Cultural Centre, Inc. for restoration and improvements at the cultural center facility in the town 1158 of Canton; provided further, that not less than $1,000,000 shall be expended for the Millicent 1159 Library in the town of Fairhaven for heating, ventilation, and air conditioning system upgrades; 1160 provided further, that not less than $100,000 shall be expended for infrastructure improvements 1161 that support downtown revitalization in the town of Millbury; provided further, that not less than 1162 $1,000,000 shall be expended for infrastructure improvements that support transportation to and 1163 from business districts in the town of Auburn; provided further, that not less than $600,000 shall 1164 be expended to the town of Pepperell for the repointing of masonry and other restorations to the 1165 Lawrence Library; provided further, that not less than $600,000 shall be expended to the town of 1166 Tyngsborough for the development of the new department of public works headquarters; 1167 provided further, not less than $100,000 shall be expended to the Westborough public schools for 1168 the purchase of a wheelchair accessible vehicle for the Bridging Over to Right Opportunities 1169 program; provided further, that not less than $1,300,000 shall be expended to the town of 1170 Dunstable for the water main replacement project on Main street, Hillcrest street and Lowell 1171 street; provided further, that not less than $5,000,000 shall be expended to the Boys & Girls Club 1172 of Greater Lowell, Inc. for the repair and renovation of its property at Middlesex street in the city 1173 of Lowell to allow for the expansion and creation of programs to provide workforce development 1174 training, aid in closing the academic achievement gap and for the creation of permanent new jobs CORRECTED 53 of 319 1175 in the city of Lowell; provided further, that not less than $500,000 shall be expended to Martha 1176 Eliot Health Center for capital improvements; provided further, that not less than $500,000 shall 1177 be expended for repairs and improvements to the One Grafton Common building in the town of 1178 Grafton; provided further, that not less than $1,500,000 shall be expended for traffic 1179 improvements to Hartford avenue in the towns of Bellingham and Medway; provided further, 1180 that not less than $500,000 shall be expended to implement new branding and wayfinding in the 1181 city known as the town of Franklin; provided further, that not less than $1,000,000 shall be 1182 expended for extending the sidewalk between Pound street and Main street in the town of 1183 Medfield; provided further, that not less than $1,000,000 shall be expended to The Dimock 1184 Center in the Roxbury section of the city of Boston for capital improvements and expansion of 1185 community health center services; provided further, that not less than $2,000,000 shall be 1186 expended to the city of Chelsea to fund construction at the Latimer Overlook public open space 1187 in the waterfront section of the city of Chelsea; provided further, that not less than $250,000 shall 1188 be expended for public safety building upgrades in the town of Berlin; provided further, that not 1189 less than $400,000 shall be expended for stormwater and water infrastructure improvements in 1190 the town of Sherborn; provided further, that not less than $500,000 shall be expended to the town 1191 of Northborough for infrastructure improvements for veterans; provided further, that not less 1192 than $1,000,000 shall be expended for business district sidewalk upgrades in the town of West 1193 Boylston; provided further, that not less than $1,215,500 shall be expended to the city of Quincy 1194 for predredging activities including, but not limited to, mobilization, site preparation, removal 1195 and reinstallation of floating docks and piles and demobilization in Quincy bay and beach 1196 restoration in the Merrymount section of the city of Quincy; provided further, that not less than 1197 $1,784,500 shall be expended to the city of Quincy for economic development projects; provided CORRECTED 54 of 319 1198 further, that not less than $1,750,000 shall be expended to the town of Abington for economic 1199 development projects; provided further, that not less than $1,750,000 shall be expended to the 1200 town of Hanover for economic development projects; provided further, that not less than 1201 $1,750,000 shall be expended to the town of Holbrook for economic development projects; 1202 provided further, that not less than $1,750,000 shall be expended to the town of Rockland for 1203 economic development projects; provided further, that not less than $4,000,000 shall be 1204 expended for the construction of a new fire station in the town of Boylston; provided further, that 1205 not less than $1,000,000 shall be expended for neighborhood revitalization in the city of 1206 Worcester; provided further, that not less than $500,000 shall be expended to Mattapan 1207 Community Health Center, Inc. for capital improvements; provided further, that not less than 1208 $1,500,000 shall be expended for the renovation of Great Plain avenue in the town of Needham; 1209 provided further, that not less than $1,000,000 shall be expended for FORGE to sustain and 1210 expand a statewide program which promotes manufacturing and innovation, including climate 1211 tech, through the support of hardtech startup manufacturing readiness and local supply chains; 1212 provided further, that not less than $1,000,000 shall be expended for the Blackstone Valley 1213 Chamber of Commerce, Inc. in the village of Whitinsville in the town of Northbridge for 1214 regional economic development initiatives; provided further, that not less than $1,000,000 shall 1215 be expended to the town of Monson for construction of a salt shed; provided further, that not less 1216 than $1,500,000 shall be expended for the Monson Developmental Center in the town of Monson 1217 for economic development projects; provided further, that not less than $2,000,000 shall be 1218 expended for economic development opportunities on state highway route 146A in the town of 1219 Uxbridge; provided further, that not less than $500,000 shall be expended to the Brimfield 1220 Antique Shows LLC in the town of Brimfield for economic development; provided further, that CORRECTED 55 of 319 1221 not less than $2,500,000 shall be expended for water, sewer and road improvements to promote 1222 economic development opportunities on state highway route 16 in the towns of Mendon and 1223 Hopedale; provided further, that not less than $1,000,000 shall be expended for the revitalization 1224 project at the former Berkshire Trail elementary school building in the town of Cummington; 1225 provided further, that not less than $5,000,000 shall be expended to Massachusetts Bay 1226 Community College for the design and construction of the center for cybersecurity education; 1227 provided further, that not less than $2,700,000 shall be expended for the renovation of the train 1228 depot in the town of Stoughton; provided further, that not less than $150,000 shall be expended 1229 to the town of Bridgewater for infrastructure improvements; provided further, that not less than 1230 $1,000,000 shall be expended to the Children's Museum in Easton, Inc. to support capital 1231 improvement projects and infrastructure upgrades; provided further, that not less than $750,000 1232 shall be expended to replace the ramp and seawall at Milton landing in the town of Milton; 1233 provided further, that not less than $100,000 shall be expended to the town of Milton to support 1234 infrastructure improvements; provided further, that not less than $100,000 shall be expended for 1235 sidewalk installation and repairs in the town of West Bridgewater; provided further, that not less 1236 than $100,000 shall be expended to the town of West Bridgewater for the construction of a water 1237 treatment plant; provided further, that not less than $100,000 shall be expended to the town of 1238 West Bridgewater for the maintenance of athletic fields; provided further, that not less than 1239 $525,000 shall be expended to the Turner Free Library in the city known as the town of 1240 Randolph to improve accessibility pursuant to the Americans with Disabilities Act; provided 1241 further, that not less than $575,000 shall be expended to the Jonathan Belcher House in the city 1242 known as the town of Randolph for renovations to support accessibility pursuant to the 1243 Americans with Disabilities Act; provided further, that not less than $1,000,000 shall be CORRECTED 56 of 319 1244 expended for capital upgrades at the Italian Home for Children located in the Jamaica Plain 1245 section of the city of Boston; provided further, that not less than $2,000,000 shall be expended to 1246 the city of Chelsea to fund the design, permitting and community engagement efforts in creating 1247 resilience to coastal flooding and extreme precipitation along a Critical Urban Freight Corridor 1248 on Eastern avenue and Marginal street; provided further, that not less than $250,000 shall be 1249 expended to Roslindale Village Main Street, Inc., located in the Roslindale section of the city of 1250 Boston for planning and development projects related to economic development; provided 1251 further, that not less than $250,000 shall be expended to West Roxbury Main Streets, Inc., 1252 located in the West Roxbury section of the city of Boston for planning and development projects 1253 related to economic development; provided further, that not less than $250,000 shall be 1254 expended to Hyde Park Main Streets, Inc., located in the Hyde Park section of the city of Boston 1255 for planning and development projects related to economic development; provided further, that 1256 not less than $250,000 shall be expended to Centre/South Main Streets, Inc., located in the 1257 Jamaica Plain section of the city of Boston for planning and development projects related to 1258 economic development; provided further, that not less than $10,000,000 shall be expended for 1259 improvements to the intersection of state highway route 2, Taylor road and Piper road in the 1260 town of Acton and the state highway route 2 rotary in the town of Concord; provided further, that 1261 not less than $3,000,000 shall be expended to the West Newton Cinema Foundation, Inc. for 1262 capital repairs and improvements to support its educational, community and cultural 1263 programming; provided further, that not less than $10,000,000 shall be expended for the 1264 renovation of and capital improvements to the Bristol county superior courthouse in the city of 1265 Taunton; provided further, that not less than $2,000,000 shall be expended to GreenRoots, Inc. in 1266 the city of Chelsea for capital projects to promote green space access, environmental CORRECTED 57 of 319 1267 programming and climate resiliency; provided further, that not less than $10,000,000 shall be 1268 expended to the Massachusetts Department of Transportation for corridor and safety 1269 improvements along state highway route 3A and adjacent roadways in the city known as the 1270 town of Weymouth and the towns of Hingham, Hull, Cohasset, Scituate, Norwell, Marshfield 1271 and Duxbury; provided further, that not less than $1,500,000 shall be expended to the city of 1272 Haverhill to support local businesses and entrepreneurship including, but not limited to signage; 1273 provided further, that not less than $1,500,000 shall be expended to the city of Lawrence to 1274 support local businesses and entrepreneurship through means including, but not limited to, 1275 signage; provided further, that not less than $150,000 shall be expended to the Cape Cod 1276 Chamber of Commerce and the Cape Cod commission to support the deployment of electric 1277 vehicle charging stations in the Cape Cod region by analyzing industry and local trends, creating 1278 installation and grant guides, conducting outreach and support activities and developing a pilot 1279 incentive program to encourage electric vehicle usage; provided further, that not less than 1280 $12,000,000 shall be expended to the Marine Biological Laboratory for construction, renovations 1281 and infrastructure improvements to support the Imaging Innovation Initiative in Woods Hole in 1282 the town of Falmouth; provided further, that not less than $50,000 shall be expended to the town 1283 of Chelmsford for beautification improvements to increase economic development and provide 1284 an improved neighborhood streetscape in the Vinal square area; provided further, that not less 1285 than $100,000 shall be expended to Plymouth Regional Economic Development Foundation, Inc. 1286 for capital and equipment upgrades for commercial shared kitchens and food manufacturers to 1287 support local economic development; provided further, that not less than $250,000 shall be 1288 expended to the town of Plymouth for costs associated with relieving zoning impediments to 1289 additional housing and commercial development; provided further, that not less than $50,000 CORRECTED 58 of 319 1290 shall be expended to the city of Easthampton for business and building improvements to promote 1291 economic development; provided further, that not less than $1,000,000 shall be expended to the 1292 Leicester Water Supply District for capital improvements; provided further, that not less than 1293 $500,000 shall be expended to the Greater Gardner Chamber of Commerce for economic 1294 development projects within the community; provided further, that not less than $500,000 shall 1295 be expended to the Wachusett Area Chamber of Commerce, Inc. for economic development 1296 projects within the community; provided further, that not less than $1,000,000 shall be expended 1297 to the town of Leicester for the repair and rehabilitation of the former Leicester middle school 1298 building to support economic development and the creation of training opportunities; provided 1299 further, that not less than $2,000,000 shall be expended for the conversion of certain buildings of 1300 the Templeton Developmental Center for use by the environmental police; provided further, that 1301 not less than $10,000,000 shall be expended to the economic development and industrial 1302 corporation of the city of Lynn for infrastructure improvements on the waterfront; provided 1303 further, that not less than $250,000 shall be expended to the city of Holyoke for the Holyoke 1304 Redevelopment Authority to pursue local economic projects; provided further, that not less than 1305 $500,000 shall be expended to the Malden Senior Center for capital improvements; provided 1306 further, that not less than $250,000 shall be expended to the city of Malden for a feasibility study 1307 for a teen or intergenerational center; provided further, that not less than $1,000,000 shall be 1308 expended to the Edgar P. Benjamin Healthcare Center, Inc. to support the development of a 1309 state-of-the-art dialysis treatment center; provided further, that not less than $500,000 shall be 1310 expended to Justice For Housing, Inc. for capital improvements to and the expansion of Brie's 1311 House to continue to provide safe and stable temporary housing and wraparound stabilization 1312 services to formerly incarcerated people; provided further, that not less than $1,000,000 shall be CORRECTED 59 of 319 1313 expended for the planning and development of a Cabo Verdean cultural center in the city of 1314 Boston; provided further, that not less than $500,000 shall be expended for beach revitalization 1315 efforts in the town of Falmouth; provided further, that not less than $150,000 shall be expended 1316 for the department of conservation and recreation for an arts and culture installation in section II 1317 of Southwest Corridor park at Columbus avenue between Tremont street and Heath street; 1318 provided further, that not less than $10,000,000 shall be expended for necessary and urgent 1319 sustainability, accessibility and structural improvements to the Tower Building at the 1320 Massachusetts College of Art and Design; provided further, that not less than $1,000,000 shall be 1321 expended to CommonWealth Kitchen, Inc. for expansion of its nonprofit food business incubator 1322 and urban food manufacturing social enterprise in support of the local food economy; provided 1323 further, that not less than $1,000,000 shall be expended to Urban League of Eastern 1324 Massachusetts, Inc. in the Roxbury section of the city of Boston for capital improvements, 1325 equipment procurement and increased workforce development capacity for the clean energy 1326 economy; provided further, that not less than $5,000,000 shall be expended to the Reading senior 1327 center for the construction of a new facility; provided further, that not less than $100,000 shall be 1328 expended to Talented and Gifted Association, Inc. for the purchase of a bus for the Boston 1329 Mobile Desegregation Museum; provided further, that not less than $9,000,000 shall be 1330 expended to support mixed used development and the creation of affordable housing in the 1331 redevelopment project at Suffolk Downs in the cities of Boston and Revere; provided further, 1332 that such funds shall not be expended until the obligations in the cooperation agreement to fund 1333 on a dollar-for-dollar basis for the East Boston Housing Stabilization Trust Fund are fulfilled; 1334 provided further, that not less than $500,000 shall be expended to the Whittier Street Health 1335 Center for capital improvements; provided further, that not less than $3,000,000 shall be CORRECTED 60 of 319 1336 expended to the town of Foxborough for the feasibility and design of regional sewer 1337 infrastructure along the United States highway Route 1 corridor in the town of Foxborough and 1338 nearby municipalities in the region; provided further, that not less than $2,000,000 shall be 1339 expended to the town of Mansfield for the construction of a council on aging facility; provided 1340 further, that not less than $2,000,000 shall be expended for the dredging of the Ten Mile river in 1341 the city known as the town of North Attleborough; provided further, that not less than $300,000 1342 shall be expended to Berkshire Black Economic Council Inc. for the acquisition, development 1343 and improvement of a new facility for economic development in the city of Pittsfield; provided 1344 further, that not less than $250,000 shall be expended for renovations and improvements to 1345 Memorial Hall in the town of Shelburne; provided further, that not less than $900,000 shall be 1346 expended for a water transportation vessel for the city known as the town of Winthrop for an 1347 express route inner harbor ferry; provided further, that not less than $500,000 shall be expended 1348 to the town of Cheshire for renovations, improvements and development of the municipal 1349 building at the former Cheshire elementary school; provided further, that not less than $500,000 1350 shall be expended to New North Citizens Council, Inc. for construction costs associated with the 1351 Joshua's house program; provided further, that not less than $1,000,000 shall be expended to 1352 Develop Springfield Corporation to support the adaptive reuse of residential and commercial 1353 space at the intersection of Main street and State street in the city of Springfield; provided 1354 further, that not less than $1,000,000 shall be expended to American International College for 1355 necessary capital improvements and repairs to Courniotes Hall to support student enrichment and 1356 programming, including public health; provided further, that not less than $1,000,000 shall be 1357 expended to the city of Chicopee for a water pollution control pump station and combined sewer 1358 overflow facility improvements; provided further, that not less than $250,000 shall be expended CORRECTED 61 of 319 1359 to the Massachusetts LGBT Chamber of Commerce, Inc. for economic development projects; 1360 provided further, that not less than $8,750,000 shall be expended to the Massachusetts 1361 Department of Transportation for the construction of a rail spur connecting Joint Base Cape Cod 1362 to the Cape Cod Central Railroad; provided further, that not less than $1,500,000 shall be 1363 expended to Hockomock Young Men’s Christian Association, Inc. for the design and 1364 construction of a food security hub in the town of Plainville to serve the surrounding 1365 communities; provided further, that not less than $300,000 shall be expended to Hebron Food 1366 Pantry for costs associated with the relocation of the food pantry to 40 Emory street in the city of 1367 Attleboro, including necessary upgrades and renovations; provided further, that not less than 1368 $150,000 shall be expended to the Massachusetts Bay Transportation Authority for a Fairmount 1369 line beautification and restoration project; provided further, that not less than $1,000,000 shall be 1370 expended to the North End Housing Initiative, Inc. in the city of Springfield for the planning and 1371 development of public affordable housing at Springfield Pharmacy at the intersection of Main 1372 street and Waverly street; provided further, that not less than $500,000 shall be expended to the 1373 Salvation Army donation center in the city of Springfield for capital improvements to improve 1374 accessibility to affordable durable goods and textiles in the community; provided further, that not 1375 less than $2,500,000 shall be expended to the Lowell Community Health Center, Inc. for 1376 renovations to support the Family Medicine Residency program; provided further, that not less 1377 than $1,000,000 shall be expended to the city of Boston to acquire or renovate space for the 1378 establishment of a community health center in the Hyde Park section of the city of Boston to 1379 expand neighborhood-based health services; provided further, that not less than $840,000 shall 1380 be expended to the Zeiterion Performing Arts Center, Inc. for reopening planning and capital 1381 support; provided further, that not less than $1,000,000 shall be expended to the Black Economic CORRECTED 62 of 319 1382 Council of Massachusetts, Inc. for planning, renovations, improvements, construction, the 1383 modernization of facilities, infrastructure, equipment and other capital needs located in Nubian 1384 square in the city of Boston to promote economic development in the community; provided 1385 further, that not less than $250,000 shall be expended to the Family Health Center of Worcester, 1386 Inc. for the creation of a capital master plan, including workforce housing, for the campus at 26 1387 Queen street in the city of Worcester; provided further, that not less than $1,000,000 shall be 1388 expended for the rehabilitation and restoration of the Ionic avenue Boys’ Club building located at 1389 2 Ionic avenue in the city of Worcester to transform the space into a community arts center; 1390 provided further, that not less than $500,000 shall be expended to Panlyfe Project 333 to address 1391 food insecurity in the Mattapan section of the city of Boston; provided further, that not less than 1392 $2,000,000 shall be expended to the city of Worcester Redevelopment Authority for urban 1393 revitalization plan implementation; provided further, that not less than $500,000 shall be 1394 expended to the city of Beverly for a consultant to provide construction phase services on behalf 1395 of the city; provided further, that not less than $1,000,000 shall be expended to the city of 1396 Beverly for the Brimbal Avenue Phase II infrastructure project; provided further, that not less 1397 than $150,000 shall be expended to We Are Better Together Warren Daniel Hairston Project, Inc 1398 in the Roxbury section of the city of Boston to support its mission to heal those affected by 1399 violence and incarceration and expand its headquarters; provided further, that not less than 1400 $1,000,000 shall be expended to the city of Beverly to reconstruct the roadways including, but 1401 not limited to, L.P. Henderson road, Sam Fonzo drive and Cherry Hill drive; provided further, 1402 that not less than $3,000,000 shall be expended to the town of East Longmeadow for 1403 improvements to the intersection of North Main street, Mapleshade avenue and Westwood 1404 avenue; provided further, that not less than $3,500,000 shall be expended to the town of Palmer CORRECTED 63 of 319 1405 for the replacement and expansion of a sewer siphon at Thorndike street; provided further, that 1406 not less than $230,000 shall be expended to the Wilbraham public library in the town of 1407 Wilbraham to replace the chiller and update the main floor; provided further, that not less than 1408 $500,000 shall be expended to the University of Massachusetts’ Cold Spring Orchard Research 1409 and Education Center for building and facilities improvements in the town of Belchertown; 1410 provided further, that not less than $300,000 shall be expended to town of Warren to purchase an 1411 old train depot to be used for the design of the town common; provided further, that not less than 1412 $300,000 shall be expended to the town of South Hadley for reconstruction of Buttery Brook 1413 park; provided further, that not less than $100,000 shall be expended to the town of Hampden for 1414 the expansion, design and remediation of the fire station; provided further, that not less than 1415 $10,000,000 shall be expended on capital improvements to the state pier facility in the city of 1416 New Bedford which may include, but shall not be limited to, a multi-use facility for water 1417 dependent cargo, commercial fishing improvements, commercial marine transportation 1418 improvements, marine educational facilities and fresh produce and fish market space and for 1419 planning, design, engineering and construction costs associated with an extension of the 1420 commuter rail line in the city of New Bedford to connect passengers with the ongoing mixed-use 1421 development of the state pier to access ferry services, the Schooner Ernestina-Morrissey and 1422 other uses related to tourism and public recreation connecting the working waterfront to the arts 1423 and cultural center in the downtown area of the city of New Bedford; provided further, that said 1424 funds shall be in addition to funds authorized pursuant to item 6720-1350 of chapter 286 of the 1425 acts of 2014; provided further, that not less than $1,600,000 shall be expended to the town of 1426 Ludlow to help revitalize the East street corridor; provided further, that not less than $2,500,000 1427 shall be expended to the city of Danvers for the implementation of the Lebel Grove property’s CORRECTED 64 of 319 1428 conceptual design including, but not limited to, passive recreation, outdoor classrooms and event 1429 space; provided further, that not less than $1,000,000 shall be expended to the city of Salem for 1430 the redevelopment of the Courthouse Complex project in the city of Salem; provided further, that 1431 not less than $1,000,000 shall be expended to the city of Salem for the redevelopment of the old 1432 town hall; provided further, that not less than $500,000 shall be expended to the city of Salem for 1433 the redevelopment of the Peabody street park and South River harbor walk connected to the El 1434 Centro project; provided further, that not less than $250,000 shall be expended to the Avon 1435 council on aging for improvements to the Memory Cafe to serve senior citizens experiencing 1436 dementia; provided further, that not less than $300,000 shall be expended to the Halifax council 1437 on aging for technology, computer lab stations and senior wellness equipment for the audio- 1438 video room; provided further, that not less than $500,000 shall be expended for structural 1439 improvements and renovations to Stetson Hall in the city known as the town of Randolph; 1440 provided further, that not less than $500,000 shall be expended to Wildlands Trust, Inc. for 1441 infrastructure that supports water quality, wildlife habitat and community activity at D.W. Field 1442 park in the city of Brockton; provided further, that not less than $250,000 shall be expended for 1443 Downtown Brockton Association, Inc. to establish a business improvement district and 1444 implement programs in the downtown area of the city of Brockton; provided further, that not less 1445 than $2,000,000 shall be expended for the acquisition and design of sidewalks located on state 1446 highway route 58 and state highway route 14 in the town of Whitman; provided further, that not 1447 less than $2,000,000 shall be expended for the planning and design of the pedestrian crossing 1448 signals at the intersection of state highway route 18 and North Bedford street in the town of East 1449 Bridgewater; provided further, that not less than $2,000,000 shall be expended for the acquisition 1450 and design costs associated with the reconstruction of the intersection located at state highway CORRECTED 65 of 319 1451 route 27, North Quincy street and Massasoit boulevard in the city of Brockton including, but not 1452 limited to, assessment and potential resolution to the culvert nearby; provided further, that not 1453 less than $2,000,000 shall be expended for the Old Colony Planning Council, in collaboration 1454 with the metropolitan area planning council, the Southeastern Regional Planning and Economic 1455 Development District and the Cape Cod commission to develop a preliminary plan and design of 1456 the Frederick Douglas tunnel program within the regions and the cities of Boston, Brockton and 1457 New Bedford and create connectivity to places of public significance and the underground 1458 railroad; provided further, that not less than $1,000,000 shall be expended to United South End 1459 Settlements for the completion of its facilities improvement project to create additional 1460 classroom space and upgrade infrastructure for low-income students in its early childhood 1461 education program; provided further, that not less than $500,000 shall be expended to Focus 1462 Springfield, Inc. for technology and translation service upgrades; provided further, that not less 1463 than $2,000,000 shall be expended to the Springfield Housing Authority for the construction of a 1464 joint community laundry facility; provided further, that not less than $1,000,000 shall be 1465 expended to Square One 947 Main Corporation to make capital improvements and repairs to 1466 community programming facilities; provided further, that not less than $1,000,000 shall be 1467 expended to the Boys & Girls Club Family Center, Inc. for the construction and maintenance of 1468 facilities; provided further, that not less than $275,000 shall be expended for the roadway 1469 reconstruction of North Main street in the town of Belchertown; provided further, that not less 1470 than $720,000 shall be expended to the town of Dover for economic development projects; 1471 provided further, that not less than $720,000 shall be expended to the town of Milford for 1472 economic development projects; provided further, that not less than $720,000 shall be expended 1473 to the town of Millis for economic development projects; provided further, that not less than CORRECTED 66 of 319 1474 $720,000 shall be expended to the town of Plainville for economic development projects; 1475 provided further, that not less than $720,000 shall be expended to the town of Wrentham for 1476 economic development projects; provided further, that not less than $195,000 shall be expended 1477 to the town of Longmeadow to regrade and improve the Glenbrook field at Glenbrook middle 1478 school; provided further, than not less than $1,500,000 shall be expended to the town of Norfolk 1479 for educational upgrades and improvements; provided further, that not less than $200,000 shall 1480 be expended for the town of Hanson to develop a regional pond management plan; provided 1481 further, that not less than $1,500,000 shall be expended to the city of Peabody to offset the costs 1482 of the new Peabody public safety facility; provided further, that not less than $200,000 shall be 1483 expended to Upham’s Corner Main Street, Incorporated to support infrastructure needs of main 1484 street businesses, including improvements to abutting public spaces; provided further, that not 1485 less than $200,000 shall be expended to Greater Ashmont Main Street, Inc. to support 1486 infrastructure needs of main street businesses, including improvements to abutting public spaces; 1487 provided further, that not less than $200,000 shall be expended to Fields Corner Main Street, Inc. 1488 to support infrastructure needs of main street businesses, including improvements to abutting 1489 public spaces; provided further, that not less than $200,000 shall be expended to Four Corners 1490 Main Street, Inc. to support infrastructure needs of main street businesses, including 1491 improvements to abutting public spaces; provided further, that not less than $200,000 shall be 1492 expended to Chinatown Main Street, Inc. to support infrastructure needs of main street 1493 businesses, including improvements to abutting public spaces; provided further, that not less than 1494 $200,000 shall be expended to Bowdoin Geneva Main Streets to support infrastructure needs of 1495 main street businesses, including improvements to abutting public spaces; provided further, that 1496 not less than $1,000,000 shall be expended to the city of Peabody for the site redevelopment of CORRECTED 67 of 319 1497 the Rousselot Factory; provided further, that not less than $5,000,000 shall be expended to 1498 Worcester Polytechnic Institute to establish an Innovation Hub for Recovery and Regeneration to 1499 serve as a focal point in research, workforce development, corporate-university partnerships and 1500 entrepreneurial growth in the region; provided further, that not less than $5,000,000 shall be 1501 expended for the creation and operation of a cyber range in the city of Worcester pursuant to a 1502 partnership between Quinsigamond Community College and Worcester State University; 1503 provided further, that not less than $200,000 shall be expended to the Uniquely Abled Academy 1504 at the Excel Program at Bridgewater State University for workforce development and 1505 educational resources; provided further, that not less than $200,000 shall be expended to the 1506 Public Health Association visiting nurses program in the town of Stoughton for capital 1507 improvements; provided further, that not less than $500,000 shall be expended to the city known 1508 as the town of Braintree for capital improvement projects; provided further, that not less than 1509 $500,000 shall be expended to the city known as the town of Bridgewater for capital 1510 improvement projects; provided further, that not less than $500,000 shall be expended to the 1511 town of Easton for capital improvement projects; provided further, that not less than $500,000 1512 shall be expended to the town of Milton for capital improvement projects; provided further, that 1513 not less than $500,000 shall be expended to the city known as the town of Randolph for capital 1514 improvement projects; provided further, that not less than $500,000 shall be expended to the 1515 town of Stoughton for capital improvement projects; provided further, that not less than 1516 $500,000 shall be expended to the town of West Bridgewater for capital improvement projects; 1517 provided further, that not less than $2,500,000 shall be expended for capital costs related to the 1518 construction of the Louis D. Brown Peace Institute's Center for Healing, Teaching and Learning 1519 for families and communities throughout the commonwealth impacted by murder, trauma, grief CORRECTED 68 of 319 1520 and loss; provided further, that not less than $2,000,000 shall be expended for South Boston 1521 Community Health Center to be matched by the health center and other partners to fund critical 1522 renovations and expansion at its main facility to accommodate continued growth in primary care 1523 services and to allow for better patient flow to enhance infection control protocols; provided 1524 further, that not less than $1,000,000 shall be expended to Inquilinos Boricuas en Acción, Inc. 1525 for the construction of La CASA: Center for Arts, Self-determination and Activism, a center for 1526 economic mobility programming, youth development, resident services and arts serving low- 1527 income families and the conversion of 2 office buildings to 46 units of affordable housing; 1528 provided further, that not less than $750,000 shall be expended to the Boston Center for Youth 1529 and Families for the planning, design and construction of year-round handball and racquetball 1530 courts at the Curley Community Center in the South Boston section of the city of Boston to 1531 promote community recreation; provided further, that not less than $750,000 shall be expended 1532 to YMCA of Greater Boston, Inc. for the planning, design and construction of the William 1533 McGonagle community center in the South Boston section of the city of Boston; provided 1534 further, that not less than $500,000 shall be expended to the city of Boston for the first planning, 1535 design, acquisition and construction of My Brother’s Keeper Boston’s Opportunity Lab to 1536 provide leadership training and support for disadvantaged students; provided further, that not less 1537 than $100,000 shall be expended for Snapchef Foundation Inc. for upgrades to and maintenance 1538 of their stove and kitchen to continue their culinary training program and community meal 1539 preparation; provided further, that not less than $500,000 shall be expended for Work 1540 Incorporated for the renovation of a family support center to serve over 500 individuals with 1541 disabilities and their families; provided further, that not less than $250,000 shall be expended to 1542 The BASE located in the Roxbury section of the city of Boston for the acquisition of CORRECTED 69 of 319 1543 headquarters facilities to continue to serve and offer community programming to urban youth; 1544 provided further, that not less than $450,000 shall be expended to the GK Fund, Inc. to provide 1545 grants to increase access to the startup economy for individuals from historically 1546 underrepresented groups in the city of Boston and gateway cities that participate in the 1547 Transformative Development Initiative of the Massachusetts Development Finance Agency; 1548 provided further, that not less than $500,00 shall be expended to VietAID for improvements of 1549 facilities and for support of its community programming; provided further, that not less than 1550 $500,000 shall be expended to the Helen Y. Davis Leadership Academy Charter Public School in 1551 the Dorchester section of the city of Boston for infrastructure and facility improvements; 1552 provided further, that not less than $250,000 shall be expended to Cape Cod Canal Region 1553 Foundation, Inc. to promote economic development in the downtown area of the town of Bourne 1554 through revitalization and beautification; provided further, that not less than $200,000 shall be 1555 expended for the creation of a comprehensive master plan for the town of Shrewsbury; provided 1556 further, that not less than $25,000 shall be expended for a redevelopment plan for vacant 1557 property in the town of Shrewsbury; provided further, that not less than $75,000 shall be 1558 expended for the creation of a corridor study and economic development strategy to promote 1559 business development along state highway route 9 in the town of Shrewsbury; provided further, 1560 that not less than $1,000,000 shall be expended for the Simonelli Innovation Center at the 1561 Hamilton Mills building in the town of Southbridge for district revitalization and community 1562 development projects in the historic Globe Village in the town of Southbridge; provided further, 1563 that not less than $500,000 shall be expended to the town of Monson for local and public 1564 community development projects at Silver Bell Farm; provided further, that not less than 1565 $2,500,000 shall be expended to Northern Essex Community College for the establishment of a CORRECTED 70 of 319 1566 cleanroom laboratory in the city of Haverhill to act as a shared-use space with Whittier Regional 1567 Vocational Technical high school; provided further, that not less than $1,000,000 shall be 1568 expended to MassChallenge Inc. for capital support of early-commercialization output programs 1569 with an emphasis on applied artificial intelligence; provided further, that not less than $7,000,000 1570 shall be expended to the city of Fall River for economic development and revitalization efforts in 1571 the Flint neighborhood and Pleasant street corridor of the city; provided further, that not less than 1572 $2,000,000 shall be expended to the town of Westport for the construction and installation of 1573 water and sewage lines along the United States highway route 6 corridor; provided further, that 1574 not less than $1,000,000 shall be expended to the town of Swansea for the installation of sewage 1575 lines; and provided further, that not less than $200,000 shall be expended to the Bacon Free 1576 Library in the town of Natick for capital improvements………………….……..$864,517,000 1577 EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS 1578 Office of the Secretary 1579 2000-7076 For capital grants or other financial assistance administered by the 1580 executive office of energy and environmental affairs, in consultation with the department of 1581 agricultural resources and division of marine fisheries, to promote and support the growth and 1582 economic competitiveness of the commonwealth's agricultural, commercial fishing and 1583 cranberry-growing sectors; provided, that the executive office shall prioritize applicants for 1584 grants or other financial assistance that focus on innovative approaches to enhance 1585 environmental benefits, promote climate resiliency and encourage increased economic activity in 1586 its respective sector including, but not limited to: (i) capital infrastructure improvements that 1587 promote energy efficiency; (ii) the purchase or expanded use of clean and renewable energy CORRECTED 71 of 319 1588 technologies; (iii) tools to address barriers to economic growth, including the purchase of energy 1589 efficient equipment and technology; (iv) tools and technologies to support practices that promote 1590 resilience against the impacts of climate change; (v) tools and technologies to facilitate 1591 sustainability and new product development; (vi) acquisition and purchase of innovative 1592 commercial fishing gear designed to protect stocks and species of concern; and (vii) capital 1593 infrastructure improvements related to developing and strengthening workforce development and 1594 training programs; provided further, that grants made pursuant to this item may be awarded to 1595 public higher education institutions, vocational technical schools, or community-based 1596 organizations to support the economic competitiveness of the commonwealth's agricultural, 1597 commercial fishing and cranberry-growing sectors; provided further, that grants or other 1598 financial assistance shall be made on a competitive basis and awarded in a manner that promotes 1599 geographic equity; and provided further, that grants or other financial assistance awarded in this 1600 item shall be distributed equally among the agriculture, commercial fishing and cranberry- 1601 growing sectors ……….......................................................................$21,000,000 1602 BOARD OF LIBRARY COMMISSIONERS 1603 7000-9093 For a program of grants to cities and towns for approved public library 1604 projects pursuant to sections 19G to 19J, inclusive, of chapter 78 of the General Laws; provided, 1605 that grants may be awarded to municipalities submitting applications jointly or through a 1606 regional planning agency; provided further, that grants or other financial assistance in this item 1607 shall only be awarded to projects within municipalities that have been deemed in compliance or 1608 interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the 1609 General Laws; and provided further, that grant recipients may expend funds for alternative CORRECTED 72 of 319 1610 energy generation, energy infrastructure projects and other decarbonization projects at public 1611 libraries.....…………………………………............................ $150,000,000 1612 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES 1613 Office of the Secretary 1614 7004-0711 For the Small Properties State Acquisition Funding Pilot program 1615 established in item 1599-6084 of section 2A of chapter 268 of the acts of 2022; provided, that 1616 said program shall issue soft loans to supplement other acquisition soft loans administered by 1617 municipal or other affordable housing acquisition lenders on a rolling basis; provided further, 1618 that acquisitions pursuant to this program shall follow the affordability restrictions of said 1619 affordable housing acquisition lenders; and provided further, that loans under this program shall 1620 be used for the acquisition of: (i) buildings of 1 to 8 units, inclusive, of residential housing for 1621 rental or ownership; or (ii) mixed-use buildings for a term of not less than 30 1622 years.........................................................................................................................$10,000,000 1623 SECTION 2B. 1624 SECRETARY OF THE COMMONWEALTH 1625 Massachusetts Historical Commission 1626 0526-2013 For a grant program to units of municipal government and to nonprofit 1627 organizations for the preservation of historic properties, landscapes and sites; provided, that 1628 funds shall be awarded in accordance with regulations promulgated by the chair of the 1629 Massachusetts historical commission; and provided further, that grants or other financial 1630 assistance in this item shall only be awarded to projects within municipalities that have been CORRECTED 73 of 319 1631 deemed in compliance or interim compliance with the multi-family zoning requirement in 1632 section 3A of chapter 40A of the General Laws................................................. $8,000,000 1633 SECTION 2C. 1634 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES 1635 Office of the Secretary 1636 4000-8079 For a program to address the capital needs of nursing facilities throughout 1637 the commonwealth; provided, that the executive office of health and human services shall 1638 provide, in consultation with the Massachusetts Senior Care Association, Inc., forgivable, low- 1639 or no-interest loans to nursing facilities contracted as MassHealth providers to support capital 1640 improvements that shall include, but not be limited to: (i) developing nursing facility specialized 1641 care units including: (a) infectious disease isolation units; (b) dementia special care units; (c) 1642 degenerative neurological units; (d) geriatric psychiatry units; (e) traumatic brain injury units; (f) 1643 bariatric units; and (g) behavioral health and substance use disorder units; (ii) addressing 1644 urgently needed capital improvements including, but not limited to, heating, ventilation, air 1645 conditioning, air filtration system upgrades to help prevent the spread of airborne illnesses, 1646 roofing or other infrastructure replacement and repair projects, alternative energy conversion 1647 projects and elevator renovations to comply with new state and federal requirements; and (iii) 1648 funding innovative projects including, but not limited to, conversion of sections within nursing 1649 facilities into affordable housing, veterans housing or assisted living units to better accommodate 1650 the individual needs of residents and conversion of multi-bed rooms to single occupancy to 1651 enhance privacy; provided further, that loans shall be available to non-profit entities to facilitate 1652 the acquisition of nursing facilities incorporated as for-profit entities; provided further, that the CORRECTED 74 of 319 1653 executive office, in consultation with the Massachusetts Senior Care Association, Inc., shall 1654 establish a methodology for the distribution of funds; and provided further, that not later than 1655 March 1, 2025, the executive office shall submit methodology criteria to the house and senate 1656 committees on ways and means and the joint committee on elder 1657 affairs……………………………………………………………………………..$50,000,000 1658 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT 1659 Office of the Secretary 1660 7002-0026 For the Massachusetts Life Sciences Breakthrough Fund established under 1661 section 6 of chapter 23I of the General Laws; provided, that not less than $80,000,000 shall be 1662 expended for expansion of the Manning College of Nursing & Health Sciences facilities at the 1663 University of Massachusetts Boston ………………………………………….... $580,000,000 1664 7002-8077 For the Clean Energy Investment Fund established in section 15 of chapter 1665 23J of the General Laws to promote job creation, economic development and workforce 1666 development through capital grants to nonprofit organizations, private entities and governmental 1667 entities for the purposes of supporting and stimulating research and development, innovation, 1668 manufacturing, commercialization and deployment of climatetech technologies in the 1669 commonwealth……………………………………………………………………….$200,000,000 1670 7002-8078 For the Massachusetts Offshore Wind Industry Investment Trust Fund 1671 established in section 9A of chapter 23J of the General Laws to support the offshore wind 1672 industry and facilitate economic development activity..……………………………$200,000,000 CORRECTED 75 of 319 1673 SECTION 3. Section 204 of chapter 6 of the General Laws is hereby amended by striking 1674 out, in lines 4 and 5, the words “president of the Massachusetts growth capital corporation”, as 1675 appearing in the 2022 Official Edition, and inserting in place thereof the following words:- 1676 executive director of the Massachusetts Development Finance Agency. 1677 SECTION 4. Section 16G of chapter 6A of the General Laws, as amended by section 21 1678 of chapter 7 of the acts of 2023, is hereby further amended by striking out subsections (i) and (j) 1679 and inserting in place thereof the following 2 subsections:- 1680 (i) The secretary shall, subject to appropriation, establish within the executive office an 1681 office of performance management and oversight to improve the effectiveness of the economic 1682 development efforts of the commonwealth. The secretary shall appoint a director of said office 1683 who shall have economic development experience in the public or private sector. The director 1684 shall establish performance metrics for the public and quasi-public agencies within the executive 1685 office or subject to section 56 of chapter 23A, and any regional economic development 1686 organization or other private organizations under contract with the commonwealth to perform 1687 economic development services, as the secretary shall determine. In developing or revising these 1688 performance metrics, the director may from time to time seek out private sector advice and 1689 models that can be adapted to the needs of the commonwealth. The secretary shall require each 1690 agency or organization reporting to the office to submit an annual plan, including the goals, 1691 programs and initiatives for the forthcoming year, and an evaluation of the performance on the 1692 goals, programs and initiatives outlined in the preceding year’s plan. Such reports shall be in a 1693 form directed by the director and shall incorporate such performance metrics as the director shall 1694 establish. CORRECTED 76 of 319 1695 (j) The director shall prepare an annual report on the progress the agencies or 1696 organizations reporting to the office are making towards achieving stated goals in their annual 1697 plan. The annual report shall be made available to the public not later than December 31 and 1698 shall be published on the official website of the commonwealth and shall be forwarded to the 1699 clerks of the house of representatives and the senate, the house and senate committees on ways 1700 and means and the joint committee on economic development and emerging technologies. 1701 SECTION 5. Said section 16G of said chapter 6A, as so amended, is hereby further 1702 amended by striking out subsection (m) and inserting in place thereof the following subsection:- 1703 (m) Every 4 years, the secretary of economic development, in consultation with the 1704 secretary of energy and environmental affairs shall prepare a report that evaluates the status of 1705 the commercial fishing industry and includes recommendations for appropriate actions to be 1706 taken to maintain and revitalize the commercial fishing, shellfish and seafood industry. 1707 In carrying out this requirement, the secretaries may, and are encouraged to, seek the 1708 laboratory, technical, education and research skills and facilities of public institutions of higher 1709 education. 1710 SECTION 6. Subsection (n) of said section 16G of said chapter 6A, as so amended, is 1711 hereby further amended by striking out the second sentence. 1712 SECTION 7. Said section 16G of said chapter 6A is hereby further amended by striking 1713 out, in lines 255 to 256, as so appearing, the words “executive office and paid as the fund 1714 director shall direct” and inserting in place thereof the following words:- secretary of economic 1715 development. CORRECTED 77 of 319 1716 SECTION 8. Said section 16G of said chapter 6A is hereby further amended by striking 1717 out, in line 273, as so appearing, the words “The executive office shall submit an annual” and 1718 inserting in place thereof the following words:- In years when expenditures are made from the 1719 fund, the executive office shall submit a. 1720 SECTION 9. Chapter 7 of the General Laws is hereby amended by striking out section 4I 1721 and inserting in place thereof the following section:- 1722 Section 4I. There shall be within the executive office for administration and finance, but 1723 not under its supervision or control, a commission to be known as the civil service commission, 1724 consisting of 5 members, 1 of whom because of vocation, employment, occupation or affiliation, 1725 may be classified as a bona fide representative of labor and 2 of whom shall have prior 1726 experience serving as a town administrator, city manager, select board member or city councilor. 1727 Upon the expiration of the term of office of a commissioner of the civil service 1728 commission, a successor shall be appointed by the governor for 5 years; provided, however, that 1729 if such successor is not appointed within 60 days of the expiration of the term of office of a 1730 commissioner, said commissioner shall be deemed to be reappointed to a full term. Not more 1731 than 3 of such members of the commission shall be members of the same political party, and, of 1732 the members of the commission who are enrolled as members of a political party on the voting 1733 list used at the primaries, not more than a majority of such members shall be of the same political 1734 party. The governor shall, from time to time, designate 1 of the members as chair. The positions 1735 of chair and each other member of the commission shall be classified in accordance with section 1736 45 of chapter 30 and the salaries shall be determined in accordance with section 46C of said CORRECTED 78 of 319 1737 chapter 30. The commissioners shall be reimbursed for their travel and other necessary expenses 1738 incurred in attending meetings. 1739 Meetings of the commission shall be held at such time and location as it may determine 1740 and the commission shall meet upon the request of the personnel administrator. The commission 1741 shall in its rules of practice and procedure provide for the conduct of hearings throughout the 1742 commonwealth when it would best serve the interested parties. 1743 The commission or any member thereof, or the personnel administrator may require, in 1744 connection with the activities authorized by law, any official or employee of the human 1745 resources division to give full information and to provide all papers and records relating to any 1746 official act performed by them. 1747 SECTION 10. Said chapter 7 is hereby further amended by inserting after section 4S the 1748 following section:- 1749 Section 4T. A position shall be established at the manager level under the supervision of 1750 the director of diversity and equal opportunity with the responsibility to promote diversity and 1751 equal opportunity in civil service employment throughout the commonwealth. The manager of 1752 civil service diversity, equity and inclusion shall be responsible for: (i) overseeing initiatives and 1753 addressing issues involving diversity, equity and inclusion in public safety employment, with a 1754 particular focus on civil service municipalities and municipalities that have left the civil service 1755 system; and (ii) providing support to the commission on recruitment, hiring and retention of 1756 municipal police officers and firefighters in the commonwealth established by section 78 of 1757 chapter 31. CORRECTED 79 of 319 1758 SECTION 11. Section 35FF of chapter 10 of the General Laws, as appearing in the 2022 1759 Official Edition, is hereby amended by striking out the words “clean energy”, in lines 46, 51, 52, 1760 53, 57, 64, 75, 87, 89, 94, 98, 138, 139, 140, and 141 to 142, each time they appear, and inserting 1761 in place thereof, in each instance, the following word:- climatetech. 1762 SECTION 12. Section 8F of chapter 12 of the General Laws, as so appearing, is hereby 1763 amended by striking out, in line 13, the figure “$200,000” and inserting in place thereof the 1764 following figure:- $500,000. 1765 SECTION 13. Said section 8F of said chapter 12, as so appearing, is hereby further 1766 amended by striking out, in line 24, the figure $500,000” and inserting in place thereof the 1767 following figure:- $1,000,000. 1768 SECTION 14. Section 14 of chapter 13 of the General Laws, as so appearing, is hereby 1769 amended by inserting after the word “twelve”, in line 14, the following words:- and chapter 1770 112A. 1771 SECTION 15. Section 23 of chapter 20 of the General Laws is hereby amended by 1772 striking out subsection (b), as so appearing, and inserting in place thereof the following 1773 subsection:- 1774 (b)(1) Notwithstanding any general or special law to the contrary, the department of 1775 agricultural resources, with the approval of the co-holder, if any, in its sole discretion, may grant 1776 to any owner of land subject to an agricultural preservation restriction held by the 1777 commonwealth a nonassignable special permit allowing nonagricultural activities to occur on 1778 land restricted for agricultural purposes if: (i) the land is being actively utilized for full-time 1779 commercial agriculture; (ii) the permit is for a period of not less than 1 year which may, at the CORRECTED 80 of 319 1780 discretion of the department, be renewed; (iii) the grant of a special permit will not defeat or 1781 derogate from the intent and purposes of retaining the land for agricultural use and preserving the 1782 natural agricultural resources of the commonwealth; and (iv) the agricultural preservation 1783 restriction owner meets all requirements pertaining to special permits contained in the 1784 agricultural preservation restriction agreement form utilized by the commonwealth at the time of 1785 application for the special permit. In making the determination, the department shall consider the 1786 long-term productivity of the agricultural resource and the sustainability of the farm enterprise. 1787 (2) Notwithstanding paragraph (1), the department may approve a special permit for a 1788 trial period of 1 year to evaluate a proposal for nonagricultural activities. If a special permit is 1789 issued to a permit holder for a 1-year trial period, the department shall notify the special permit 1790 holder not later than 90 days before the end of the 1-year trial period of the department’s 1791 decision to renew, revoke or amend the permit. If the department fails to notify the special permit 1792 holder of its decision to renew, revoke or amend the special permit, the special permit shall 1793 automatically be renewed for a period of 5 years. 1794 SECTION 16. Said section 23 of said chapter 20, as so appearing, is hereby further 1795 amended by striking out, in line 98, the words “for a special permit authorized in” and inserting 1796 in place thereof the following words:- any owner of land subject to an agricultural preservation 1797 restriction aggrieved by a decision of the department relative to a special permit authorized 1798 pursuant to. 1799 SECTION 17. Said chapter 20 is hereby further amended by adding the following 1800 section:- CORRECTED 81 of 319 1801 Section 33. Notwithstanding any general or special law to the contrary, the secretary of 1802 energy and environmental affairs shall establish a program to acquire by purchase, gift, lease, 1803 eminent domain or otherwise lands and waters and easements therein to protect and conserve 1804 land for the purpose of furthering the mission of the department of the agricultural resources 1805 including, but not limited to, retaining land for farming or agriculture as defined by section 1A of 1806 chapter 128 and providing affordable and equitable access to agricultural and horticultural lands. 1807 The commissioner of agricultural resources may, from funds appropriated to carry out 1808 this section or from funds received from other sources, compensate a landowner for the 1809 acquisition by the department of real estate owned by the landowner in such amount as 1810 determined by the commissioner to be equitable in consideration of anticipated benefits from 1811 such acquisition in accordance with any land acquisition regulations of the department. The 1812 commissioner may use department funds to create, replace and maintain appropriate 1813 infrastructure and improvements that the department deems consistent with the goals of this 1814 section and the department’s mission. 1815 The department may lease, license or otherwise manage these lands as it deems necessary 1816 to implement this section and carry out the department’s mission and goals. 1817 Acquisition of land or water under this section shall not guarantee any public access 1818 unless otherwise agreed to by the department. 1819 The department may promulgate rules and regulations relative to the rights, privileges 1820 and use of lands, waters, real estate interests and associated improvements acquired and 1821 maintained under this section. CORRECTED 82 of 319 1822 The department may dispose of any such real estate as permitted under section 5A of 1823 chapter 3 with a two thirds vote of the general court or through the sale to a qualified farmer or 1824 beginning farmer in conjunction with permanent protection of the real estate interest, including 1825 through an agricultural preservation restriction to the commonwealth or other qualified 1826 conservation entity. 1827 SECTION 18. Section 4C of chapter 21A of the General Laws, as appearing in the 2022 1828 Official Edition, is hereby amended by adding the following subsection:- 1829 (l) The ocean management plan shall require an environmental DNA study to determine 1830 the nature of the habitat of and usage by the marine life specific to the area and shall examine 1831 potential impacts to the ecosystem, including, but not limited to, commercial and recreational 1832 fishing. 1833 SECTION 19. Chapter 22 of the General Laws is hereby amended by striking out section 1834 12 and inserting in place thereof the following section:- 1835 Section 12. (a) For the purposes of this section, the following words shall, unless the 1836 context clearly requires otherwise, have the following meanings: 1837 “Mixed martial arts”, as defined in section 32 of chapter 147. 1838 “Unarmed combative sport”, as defined in said section 32 of said chapter 147. 1839 (b) There shall be within the office of public safety and inspections a commission, to be 1840 known as the state athletic commission, consisting of the commissioner of occupational licensure 1841 or their designee, and 4 persons to be appointed by the governor, 1 of whom shall have a 1842 background in the sport of boxing and 1 of whom shall have a background in the sport of mixed CORRECTED 83 of 319 1843 martial arts. Members shall serve for terms of 3 years or until a successor is appointed. The 1844 governor shall from time to time designate 1 member as chair. A quorum of 3 members shall be 1845 required for the commission to exercise its authority, and an affirmative vote of a majority of the 1846 commissioners present at a commission meeting shall be required for all commission actions. 1847 The members appointed by the governor may be reimbursed for necessary travel expenses 1848 incurred in the performance of their duties. 1849 (c) If a member is absent without justification for 4 consecutive meetings or for more 1850 than 50 per cent of the meetings in a single calendar year, the member’s seat on the commission 1851 shall be vacant and the governor shall appoint a successor consistent with subsection (b). The 1852 commission shall, by rule, define what constitutes excused and unexcused absences. 1853 (d) Each commission member shall serve at the pleasure of the governor. 1854 (e) The commissioner of the division of occupational licensure shall appoint a full-time 1855 executive director to assume the role of the commission’s administrative and executive head. The 1856 commission may, with the approval of the commissioner, establish qualifications for the 1857 executive director, which shall include: (i) minimum years of experience in unarmed combative 1858 sports; and (ii) skills and experience in management. The executive director shall devote their 1859 full time and attention to the commission’s duties. The executive director shall be responsible for 1860 administering to the operation of the commission. The executive director may, subject to the 1861 review of the commission and approval of the commissioner of the division of occupational 1862 licensure, hire employees, consultants, agents and advisors, including, but not limited to, legal 1863 counsel, and shall attend the meetings of the commission. The executive director and any other 1864 employee of the commission shall be an employee of the division of occupational licensure. CORRECTED 84 of 319 1865 (f) The commission may deputize 1 or more persons to represent the commission and to 1866 be present at a match or exhibition held under sections 32 to 51, inclusive, of chapter 147; 1867 provided, however, that such deputies shall be compensated in an amount fixed by the 1868 commission, and approved by the commissioner of the division of occupational licensure, for 1869 each match or exhibition attended; and provided further, that the commission may, subject to 1870 approval of the commissioner of the division of occupational licensure, approve that such 1871 deputies be reimbursed for necessary travel expenses incurred in the performance of their duties. 1872 (g) No deputy shall be assigned to regulate an event under the authority or jurisdiction of 1873 the commission who has not received formal training on the laws and rules of the commission 1874 and related issues within the previous 12 months prior to the scheduled event. The commission 1875 may, subject to approval of the commissioner of the division of occupational licensure, 1876 reimburse deputies for necessary travel expenses incurred while attending a formal training. 1877 SECTION 20. Subsection (b) of section 3A of chapter 23A of the General Laws, as 1878 appearing in the 2022 Official Edition, is hereby amended by striking out the definition of 1879 “Expansion of an existing facility” and inserting in place thereof the following definition:- 1880 “Expansion project”, the expansion of an existing facility located in the commonwealth 1881 that results in a net increase in the number of permanent full-time employees at the expanded 1882 facility. 1883 SECTION 21. Said subsection (b) of said section 3A of said chapter 23A, as so 1884 appearing, is hereby further amended by inserting after the definition of “Gateway municipality” 1885 the following definition:- CORRECTED 85 of 319 1886 “In-state relocation project”, the relocation of a business from 1 location in the 1887 commonwealth to another location in the commonwealth that results in a net increase in the 1888 number of permanent full-time employees. 1889 SECTION 22. Said subsection (b) of said section 3A of said chapter 23A, as so 1890 appearing, is hereby further amended by striking out the definition of “Municipal project 1891 endorsement” and inserting in place thereof the following definition:- 1892 “Municipal project endorsement”, an endorsement of a city council with the approval of 1893 the mayor in a city, a select board or a board of selectmen in a town that: (i) finds a proposed 1894 project is consistent with the municipality’s economic development objectives; (ii) finds a 1895 proposed project has a reasonable chance of increasing or retaining employment opportunities as 1896 advanced in the proposal; and (iii) provides a description of the local tax incentive, if any, 1897 offered by the municipality in support of the proposed project. 1898 SECTION 23. Said subsection (b) of said section 3A of said chapter 23A, as so 1899 appearing, is hereby further amended by inserting after the definition of “Municipality” the 1900 following definition:- 1901 “Out-of-state relocation project”, the relocation of a business and permanent full-time 1902 employees from outside the commonwealth to a location within the commonwealth. 1903 SECTION 24. Said subsection (b) of said section 3A of said chapter 23A, as so 1904 appearing, is hereby further amended by striking out the definition of “Proportion of 1905 compliance” and inserting in place thereof the following definition:- CORRECTED 86 of 319 1906 “Proportion of compliance”, a determination made by the economic assistance 1907 coordinating council, established pursuant to section 3B, of a certified project’s compliance with 1908 obligations related to capital investment, job creation, job retention or other obligations 1909 applicable to the certified project. 1910 SECTION 25. Said subsection (b) of said section 3A of said chapter 23A, as so 1911 appearing, is hereby further amended by striking out the definition of “Replacement of an 1912 existing facility” and inserting in place thereof the following definition:- 1913 “Retention project”, a project that enables a controlling business to retain not less than 50 1914 permanent full-time employees at a facility located within a gateway city or in an adjacent city or 1915 town that is accessible by public transportation to residents of a gateway city; provided, that 1916 without such project, the retained jobs would be relocated outside of the commonwealth. 1917 SECTION 26. Said section 3A of said chapter 23A, as so appearing, is hereby further 1918 amended by striking out, in line 113, the words “and approved by the EACC”. 1919 SECTION 27. The first sentence of subsection (a) of section 3B of said chapter 23A, as 1920 appearing in section 66 of chapter 7 of the acts of 2023, is hereby amended by striking out the 1921 words “who shall serve as co-chairperson”. 1922 SECTION 28. Said section 3B of said chapter 23A, as most recently amended by section 1923 67 of said chapter 7, is hereby further amended by striking out clauses (iii) to (vii), inclusive, and 1924 inserting in place thereof the following 4 clauses:- CORRECTED 87 of 319 1925 (iii) authorize municipalities to apply to the United States Foreign Trade Zone Board for 1926 the privilege of establishing, operating and maintaining a foreign trade zone in accordance with 1927 section 3G; 1928 (iv) assist municipalities in obtaining state and federal resources and assistance for 1929 certified projects and other job creation and retention opportunities; 1930 (v) provide appropriate coordination with other state programs, agencies, authorities and 1931 public instrumentalities to enable certified projects and other job creation and retention 1932 opportunities to be more effectively promoted by the commonwealth; and 1933 (vi) monitor the implementation of the economic development incentive program. 1934 SECTION 29. Subsection (c) of said section 3B of said chapter 23A, as so amended, is 1935 hereby further amended by striking out the first 2 sentences and inserting in place thereof the 1936 following sentence:- The director of MOBD shall be responsible for administering the EDIP in 1937 consultation with the secretary of economic development and the EACC. 1938 SECTION 30. Section 3C of said chapter 23A, as appearing in the 2022 Official Edition, 1939 is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the 1940 following 2 subsections:- 1941 (a) A controlling business may petition the EACC to certify a proposed project by 1942 submitting the following to the EACC: (i) a detailed description of the proposed project; (ii) a 1943 representation by the controlling business regarding the amount of capital investment to be made, 1944 the number of new jobs to be created and the number of existing jobs to be retained; (iii) a 1945 representation by the controlling business regarding any other economic benefits or other public CORRECTED 88 of 319 1946 benefits expected to result from the construction of the proposed project; and (iv) any other 1947 information that the EACC may require by regulation, policy or guidance. 1948 (b)(1) Upon receipt of a completed project proposal, the EACC may certify the proposed 1949 project, deny certification of the proposed project or certify the proposed project with conditions. 1950 In order to certify a proposed project, with or without conditions, the EACC shall make the 1951 following required findings based on the project proposal and any additional investigation that 1952 the EACC shall make: (i) the proposed project is located or will be located within the 1953 commonwealth; (ii) the proposed project qualifies as an expansion project, in-state relocation 1954 project, out-of-state relocation project or retention project; (iii) the controlling business has 1955 committed to maintaining new and retained jobs for a period of not less than 3 years after the 1956 completion of the proposed project; (iv) the proposed project appears to be economically feasible 1957 and the controlling business has the financial and other means to undertake and complete the 1958 proposed project; (v) the EDIP tax credits available to the controlling business pursuant to this 1959 chapter are a significant factor in its decision to undertake the proposed project; and (vi) the 1960 proposed project complies with all applicable statutory requirements and with any other criteria 1961 that the EACC may prescribe by regulation, policy or guidance.   1962 (2) The EACC shall, by regulation, policy or guidance, provide for the contents of an 1963 application for project certification, which may include a requirement that the controlling 1964 business provide written evidence to support clause (v). 1965 SECTION 31. Subsection (d) of said section 3C of said chapter 23A, as so appearing, is 1966 hereby amended by striking out the last sentence. CORRECTED 89 of 319 1967 SECTION 32. Section 3D of said chapter 23A, as so appearing, is hereby amended by 1968 striking out, in lines 4 to 5, the words “awarded and the schedule on which those credits may be 1969 claimed” and inserting in place thereof the following words:- awarded, the schedule on which 1970 those credits may be claimed and the extent to which the credits are refundable. 1971 SECTION 33. Said section 3D of said chapter 23A, as so appearing, is hereby further 1972 amended by striking out, in lines 25 to 29, inclusive, the words “and (vii) commitments, if any, 1973 made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain 1974 women or minority-owned businesses during the construction of the certified project” and 1975 inserting in place thereof the following words:- (vii) commitments, if any, made by the 1976 controlling business to use Massachusetts firms, suppliers and vendors or to retain women or 1977 minority-owned businesses during the construction of the certified project; and (viii) the 1978 commitments, if any, set forth in a municipal project endorsement. 1979 SECTION 34. Said section 3D of said chapter 23A, as so appearing, is hereby further 1980 amended by striking out, in lines 35 to 37, inclusive, the words “and (iii) limit or restrict the right 1981 of the controlling business to carry unused tax credits forward to subsequent tax years” and 1982 inserting in place thereof the following words:- (iii) limit or restrict the right of the controlling 1983 business to carry unused tax credits forward to subsequent tax years; and (iv) allow all or some 1984 portion of the credits to be refundable. 1985 SECTION 35. Said section 3D of said chapter 23A, as so appearing, is hereby further 1986 amended by striking out subsection (b). 1987 SECTION 36. Said chapter 23A is hereby further amended by striking out section 3E, as 1988 so appearing, and inserting in place thereof the following section:- CORRECTED 90 of 319 1989 Section 3E. (a) Tax increment financing may be offered by a municipality in accordance 1990 with section 59 of chapter 40 to the controlling business of a certified project, or to any person or 1991 entity undertaking a real estate project or to any person or entity expanding a facility if the 1992 municipality finds that there is a strong likelihood that any of the following will occur within the 1993 area in question within a specific and reasonably proximate period of time: (i) a significant influx 1994 or growth in business activity; (ii) the creation of a significant number of new jobs and not 1995 merely a replacement or relocation of current jobs within the commonwealth; or (iii) a private 1996 project or investment that contributes significantly to the resiliency of the local economy. 1997 (b)(1) A municipality may offer a special tax assessment to the controlling business of a 1998 certified project, to a person or entity undertaking a real estate project or to a person or entity 1999 proposing to retain permanent full-time jobs at a facility that otherwise would be at risk of 2000 relocating outside of the commonwealth. A special tax assessment shall be set forth in a written 2001 agreement between the municipality and the property owner. The agreement shall include, but 2002 shall not be limited to, the amount of the tax reduction and the period of time over which such 2003 reduction shall be in effect, which shall be for not less than 5 years and not more than 20 years. 2004 A special tax assessment approved by the municipality shall provide for a reduction of the real 2005 property tax that otherwise would be due. The reduction shall be based upon a percentage 2006 reduction in the tax that otherwise would be due on the full assessed value of the affected 2007 property. The special tax assessment shall provide for tax reduction at least equal to the 2008 following: (i) in the first year, the tax reduction shall be not less than 50 per cent of the tax that 2009 would be due based on the full assessed value of the affected property; (ii) in the second and 2010 third years, the tax reduction shall be not less than 25 per cent of the tax that would be due based 2011 on the full assessed value of the affected property; and (iii) in the fourth and fifth years, the tax CORRECTED 91 of 319 2012 reduction shall be not less than 5 per cent of the tax that would be due based on the full assessed 2013 value of the affected property. The municipality may at its discretion provide for greater real 2014 property tax reductions than those described in clauses (i) to (iii), inclusive. 2015 (2) A municipality may approve special tax assessments if it determines that: (i) the 2016 property owner is either: (A) undertaking a project or otherwise making an investment that 2017 contributes to economic revitalization of the municipality and significantly increases 2018 employment opportunities for residents of the municipality; or (B) retaining permanent full-time 2019 employees that otherwise would be relocated to a facility outside of the commonwealth; (ii) the 2020 special tax assessment is reasonably necessary to enable the owner’s investment in the project or 2021 to retain the jobs that otherwise would be relocated; and (iii) the total amount of local tax 2022 foregone is reasonably proportionate to the public benefits resulting from the special tax 2023 assessment. 2024 (c) If a municipality offers tax increment financing or special tax assessment to the owner 2025 or controlling business of a certified project or to the owner of a facility where a certified project 2026 is located, the municipality shall notify the EACC by submitting a fully executed copy of the 2027 adopted local incentive agreement and any amendments thereto. 2028 SECTION 37. Section 3F of said chapter 23A, as so appearing, is hereby amended by 2029 striking out, in lines 1 and 2, the words “Not later than 2 years after the initial certification of a 2030 project by the EACC, and annually thereafter, the” and inserting in place thereof the following 2031 word:- The. 2032 SECTION 38. Said section 3F of said chapter 23A, as so appearing, is hereby further 2033 amended by striking out, in line 37, the words “with job creation requirements”. CORRECTED 92 of 319 2034 SECTION 39. Said section 3F of said chapter 23A, as so appearing, is hereby further 2035 amended by striking out subsections (d) and (e) and inserting in place thereof the following 2 2036 subsections:- 2037 (d) Revocation of a project certification shall take effect on the first day of the tax year in 2038 which the material noncompliance occurred, as determined by the EACC, and all EDIP tax 2039 credits available to the controlling business shall be rescinded and any claimed tax credits 2040 awarded under this chapter shall be recaptured in accordance with subsection (g) of section 6 of 2041 chapter 62 and subsection (i) of section 38N of chapter 63. 2042 (e) Notwithstanding any general law to the contrary, if a municipality terminates a local 2043 tax incentive agreement, the municipality may recapture the value of the tax not paid by making 2044 a special assessment on the owner of the parcel of real property in the tax year that follows the 2045 municipality’s decision to terminate the agreement. The assessment, payment and collection of 2046 the special assessment shall be governed by procedures provided for the taxation of omitted 2047 property pursuant to section 75 of chapter 59 notwithstanding the time period set forth in said 2048 chapter 59 for which omitted property assessments may be imposed for each of the fiscal years 2049 included in the special assessment. 2050 SECTION 40. Said chapter 23A is hereby further amended by striking out section 3H, as 2051 most recently amended by section 70 of chapter 7 of the acts of 2023, and inserting in place 2052 thereof the following section:- 2053 Section 3H. (a) There shall be a permit regulatory office within the executive office of 2054 economic development. The secretary of economic development shall appoint a person with 2055 experience in permitting and business development to serve as the director of the permit CORRECTED 93 of 319 2056 regulatory office. The director of the permit regulatory office shall: (i) serve as the state permit 2057 ombudsman to new and expanding businesses; (ii) work with other state agencies, but not 2058 including divisions of the state secretary’s office, to expedite the process of obtaining state 2059 licenses, permits, state certificates, state approvals and other requirements of law; (iii) provide 2060 technical assistance to municipalities interested in streamlining local permitting processes; (iv) 2061 review and approve or deny municipal priority development site proposals made pursuant to 2062 chapter 43D and monitor the development of priority development sites; (v) subject to 2063 appropriation, administer and award technical assistance grants pursuant to chapter 43D; and (vi) 2064 support the administration of the growth districts initiative as defined in chapter 43E. The permit 2065 regulatory office shall consult with the secretary of energy and environmental affairs, the 2066 secretary of housing and livable communities and the secretary of transportation prior to 2067 approving or denying a proposed priority development site; provided, that for local review 2068 procedures the regulatory office shall consult with relevant municipal officials and regional 2069 planning agencies responsible for local review procedures. 2070 (b) There shall be a regulatory ombudsman within the permit regulatory office to address 2071 regulatory matters of interest to the business community. The regulatory ombudsman shall work 2072 in partnership with the state permitting ombudsman to assist businesses in the process of 2073 complying with state regulations and other requirements of law that affect businesses. The 2074 regulatory ombudsman shall facilitate communication between individual businesses and state 2075 agencies and provide periodic training to regulatory personnel in state agencies on how to 2076 identify the small business impacts of regulation, how to reduce those impacts and how to 2077 expedite and streamline the process or compliance. CORRECTED 94 of 319 2078 (c) The director of the permit regulatory office shall file an annual report with the house 2079 and senate committees on ways and means not later than January 1 detailing the activities of the 2080 permit regulatory office. 2081 SECTION 41. Said chapter 23A is hereby further amended by inserting after section 3L 2082 the following section:- 2083 Section 3M. (a)(1) For the purposes of this section, “office” shall mean the Massachusetts 2084 office of business development established in section 1, or any constituent office thereof.  2085 (2) There is hereby established a pilot program for a live theater tax credit for which a 2086 live theater company doing business with a Massachusetts-based theater venue, theater company, 2087 theater presenter or producer may be eligible. The credit shall be established to support the 2088 expansion of pre-Broadway productions, pre-off-Broadway productions, national tour launches 2089 and regional professional theater productions, as those terms are defined in paragraph (1) of 2090 subsection (ff) of section 6 of chapter 62 and subsection (a) of section 38QQ of chapter 63, and 2091 shall assist in the development of long run show development and growth. 2092 (b)(1) The office, directly or through a constituent office, shall run a competitive grant 2093 program to award live theater tax credits. An applicant shall only be awarded a tax credit if they 2094 meet the requisite criteria and qualifications for the credit as outlined in this section and 2095 subsection (ff) of section 6 of chapter 62 or section 38QQ of chapter 63. The office shall 2096 establish criteria for prioritization of credits, which may include anticipated economic impact 2097 and other factors at the discretion of the office. The total cumulative value of the credits 2098 authorized pursuant to this section and subsection (ff) of section 6 of chapter 62 or section 38QQ 2099 of chapter 63 shall not exceed $7,000,000 annually. CORRECTED 95 of 319 2100 (2) An applicant for a live theater tax credit shall properly prepare, sign and submit to the 2101 office an application for certification of the theater production. The application shall provide all 2102 information and data the office deems necessary for the evaluation and administration of the 2103 application, including, but not limited to, any information about the theater production company 2104 or its related partners or presenters and a specific Massachusetts live theater or musical 2105 production as well as such other information as the office, in its discretion, requires to evaluate 2106 and prioritize applications. The eligible theater production budget shall be not less than 2107 $100,000. The maximum credit for any production shall not be more than $7,000,000, or a lesser 2108 amount as determined by the office. 2109 (3) The office shall review completed applications, determine whether they meet the 2110 requisite criteria and qualifications for certification and award tax credits in the office’s sole 2111 discretion. If a theater production or presentation is determined to be eligible, the office shall 2112 issue a certification of the eligible theater production or presentation to the theater production 2113 company, co-producer or presenter and to the commissioner of revenue. The certification shall 2114 provide a unique identification number for the production and shall be a statement of conditional 2115 eligibility for the production. 2116 (c) Upon completion of an eligible theater production for which a certification has been 2117 granted, the applicant shall properly prepare, sign and submit to the office and the department of 2118 revenue a cost accounting in connection with the eligible theater production. The cost accounting 2119 shall contain a cost report and an accountant’s certification. In computing payroll costs, 2120 production and performance expenditures and transportation expenditures for which a credit may 2121 be claimed, an eligible theater production shall subtract any state funds, state loans or state 2122 guaranteed loans. The office and commissioner of revenue may rely, without independent CORRECTED 96 of 319 2123 investigation, upon an accountant’s certification, in the form of an opinion, confirming the 2124 accuracy of the information included in the cost report. If the office or the department of revenue 2125 receives information that is materially inconsistent with representations made in an application, 2126 the office may rescind the certification. 2127 (d) The office, in consultation with the commissioner of revenue, shall promulgate rules 2128 and regulations to administer this section. 2129 SECTION 42. Section 56 of said chapter 23A is hereby amended by striking out, in lines 2130 18 and 19, as appearing in the 2022 Official Edition, the words:- , the Massachusetts Growth 2131 Capital Corporation. 2132 SECTION 43. Section 62 of said chapter 23A is hereby repealed. 2133 SECTION 44. Said chapter 23A is hereby further amended by striking out section 66, as 2134 most recently amended by section 99 of chapter 7 of the acts of 2023, and inserting in place 2135 thereof the following 2 sections:- 2136 Section 66. (a) For purposes of this section and section 66A, “rural community” shall 2137 mean a municipality with a population density of less than 500 persons per square mile or a 2138 population of less than 7,000 persons, in each case as shown in the most recent U.S. decennial 2139 census. 2140 (b) There shall be a rural policy advisory commission within, but not subject to the 2141 supervision or control of, the executive office of economic development. The mission of the 2142 commission shall be to enhance the economic vitality of rural communities and advance the 2143 health and well-being of rural residents. CORRECTED 97 of 319 2144 (c) The commission shall consist of the following 15 members: the speaker of the house 2145 of representatives, ex officio, or a designee; the president of the senate, ex officio, or a designee; 2146 the secretary of economic development, ex officio, or a designee; and 12 persons to be appointed 2147 by the governor, 1 of whom shall be from the Berkshire regional planning commission, 1 of 2148 whom shall be from the Cape Cod commission, 1 of whom shall be from the central 2149 Massachusetts regional planning district commission, 1 of whom shall be from the Franklin 2150 regional council of governments, 1 of whom shall be from the Martha’s Vineyard commission, 1 2151 of whom shall be from the Montachusett regional planning commission, 1 of whom shall be from 2152 the Nantucket planning & economic development commission and 1 of whom shall be from the 2153 Pioneer Valley planning commission. Commission members shall be persons with demonstrated 2154 interest and experience in advancing the interests of rural residents. 2155 (d) Members of the commission shall serve a maximum of 3 consecutive 3-year terms. 2156 Vacancies in the membership of the commission shall be filled for the balance of the unexpired 2157 term. The commission shall elect from among its members a chair, a vice chair, a treasurer and 2158 any other officers it considers necessary. The members of the commission shall receive no 2159 compensation for their services but shall be reimbursed for any usual and customary expenses 2160 incurred in the performance of their duties. Members shall be considered special state employees 2161 for the purposes of chapter 268A. 2162 (e) The commission shall serve as a research body for issues critical to the welfare and 2163 vitality of rural communities and shall: (i) study, review and report on the status of rural 2164 communities and residents in the commonwealth; (ii) advise the general court and the executive 2165 branch of the impact of existing and proposed state laws, policies and regulations on rural 2166 communities; (iii) advance legislative and policy solutions that address rural needs; (iv) advocate CORRECTED 98 of 319 2167 to ensure that rural communities receive a fair share of state investment; (v) promote 2168 collaboration among rural communities to improve efficiency in delivery of services; and (vi) 2169 develop and support new leadership in rural communities. The executive office shall, subject to 2170 appropriation, provide the commission with adequate office space and any research, analysis or 2171 other staff support that the commission reasonably requires. 2172 (f) The commission shall meet on a quarterly basis at the discretion of the chair. Meeting 2173 locations shall rotate between the city of Boston, Cape Cod and the Islands region, central 2174 Massachusetts and western Massachusetts. Meetings shall be open to the public pursuant to 2175 sections 18 to 25, inclusive, of chapter 30A. 2176 (g) The commission may accept and solicit funds, including any gifts, donations, grants 2177 or bequests or any federal funds for any of the purposes of this section. The funds shall be 2178 deposited in a separate account with the state treasurer, shall be received by the state treasurer on 2179 behalf of the commonwealth and shall be expended by the commission under the law. 2180 (h) The commission shall annually, not later than June 2, report the results of its findings 2181 and activities of the preceding year and its recommendations to the governor and to the clerks of 2182 the house of representatives and the senate who shall forward the same to the joint committee on 2183 economic development and emerging technologies. 2184 Section 66A. (a) The executive office of economic development shall administer a rural 2185 development program to promote economic opportunity and prosperity in rural communities. 2186 The program shall provide financial assistance on a competitive basis to municipalities, other 2187 public entities, community development corporations, regional planning agencies or non-profit 2188 entities for infrastructure projects, downtown improvements and other projects that advance CORRECTED 99 of 319 2189 economic and community development, stable housing markets and priorities identified by the 2190 rural policy advisory commission established in section 66. 2191 (b) The secretary of economic development shall, through guidelines or regulations, 2192 establish an application process and criteria to prioritize the distribution of financial assistance, 2193 taking into account the diversity of rural communities. The guidelines or regulations shall allow 2194 for joint applications by 2 or more rural communities for a single project serving the 2195 municipalities. 2196 (c) The secretary of economic development shall report annually to the house and senate 2197 committees on ways and means and the joint committee on community development and small 2198 businesses on the activities and status of the program. 2199 SECTION 45. Subsection (a) of section 69 of said chapter 23A, as appearing in the 2022 2200 Official Edition, is hereby amended by striking out the third sentence and inserting in place 2201 thereof the following sentence:- For the purposes of this section, “micro business” shall mean a 2202 business entity with: (i) a principal place of business in the commonwealth; (ii) not more than 10 2203 full-time employees; (iii) annual net profit of not more than $250,000; and (iv) annual revenue 2204 not to exceed a threshold amount established by the director of the MOBD, provided that such 2205 threshold amount shall be not less than $250,000. 2206 SECTION 46. Said section 69 said chapter 23A, as so appearing, is hereby further 2207 amended by striking out, in lines 17 and 18, the words “Massachusetts Growth Capital 2208 Corporation” and inserting in place thereof the following words:- growth capital division of the 2209 Massachusetts Development Finance Agency. CORRECTED 100 of 319 2210 SECTION 47. Said chapter 23A is hereby further amended by adding the following 2211 section:- 2212 Section 70. (a) The terms defined in paragraph (zz) of section 6 of chapter 64H shall 2213 apply to this section unless the context clearly requires otherwise. 2214 (b) The secretary of the executive office of economic development, in consultation with 2215 the commissioner of revenue, shall determine qualifications for qualified data centers, to qualify 2216 for a sales and use tax exemption pursuant to paragraph (zz) of section 6 of chapter 64H. 2217 (c) To apply for the sales and use tax exemption pursuant to paragraph (zz) of section 6 2218 of chapter 64H, the owner or operator of a data center shall submit to the secretary of economic 2219 development an application on a form prescribed by the commissioner of revenue that shall 2220 include: 2221 (i) the name, address and telephone number of the owner or operator; 2222 (ii) the address of the site where the qualified data center is or will be located, including, 2223 but not limited to, information sufficient to identify the facility composing the data center, and 2224 the expected commercial operations date of each data center building that will be located at the 2225 data center facility; 2226 (iii) the anticipated aggregate square feet of the qualified data center for which the sales 2227 and use tax exemption is being sought; provided, that in determining whether the facility has the 2228 required square footage, the total square footage of the data center facility shall include the space 2229 that houses the computer information technology equipment, networking, data processing or data 2230 storage, including, but not limited to, servers and routers and the following spaces that support CORRECTED 101 of 319 2231 the operation of enterprise information technology equipment including, but not limited to, office 2232 space, meeting space, loading dock space and mechanical and other support facilities; 2233 (iv) the anticipated investment associated with the qualified data center for which the 2234 sales and use tax exemption is being sought; 2235 (v) the anticipated number of jobs that the data center will create and maintain within 1 2236 year, 5 years and 10 years of operations after certification; and 2237 (vi) an affirmation, signed by an authorized executive representing the owner or operator, 2238 that the data center is expected to satisfy the certification requirements in this section as a 2239 qualified data center. 2240 (d)(1) Within 60 days after receiving a completed application, the secretary of economic 2241 development shall review the application submitted by the owner or operator of a data center and 2242 certify the data center as a certified qualified data center if the data center meets all requirements 2243 of this section. 2244 (2) The secretary shall issue a written certification that the data center qualifies for the 2245 sales and use tax exemption or provide written reasons for its denial and an opportunity for the 2246 applicant to cure any deficiencies. 2247 (3) Failure to approve or deny the application within 60 days after the date the owner or 2248 operator submits the application to the secretary shall constitute approval of the qualified data 2249 center and the secretary shall issue written certification to the owner or operator within 14 days. 2250 (4) The certification shall provide the following information related to each data center: 2251 (i) the effective date of the certification; CORRECTED 102 of 319 2252 (ii) the total square footage of the qualified data center; 2253 (iii) the total amount of land costs, construction costs, refurbishment costs and eligible 2254 data center equipment; and 2255 (iv) the beginning and ending dates of the sales and use tax exemption for the first data 2256 center building, which shall begin on the effective date of the certification and be valid for 2257 qualification period, and for a qualified data center that is comprised of more than 1 data center 2258 building, the expected commercial operations dates and expected qualification periods for 2259 subsequent data center buildings expected to be located at the qualified data center. 2260 (5) The secretary shall send a copy of the certification to the commissioner of revenue. 2261 (e) The effective date of the certification shall be the date on which the application was 2262 submitted to the secretary or a prospective date stated in the application that does not exceed 5 2263 years after the date on which the application was submitted; provided, that the certification shall 2264 be valid through the qualification period. 2265 (f) The secretary and commissioner shall review the certification after 10 years. 2266 (g)(1) For the purposes of this section, the term “material noncompliance” shall mean the 2267 failure of a qualified data center to substantially achieve the investment requirements and 2268 minimum number of jobs pursuant to paragraph (zz) of section 6 of chapter 64H. 2269 (2) The secretary may revoke the certification of a qualified data center after an 2270 investigation by the executive office of economic development, in consultation with the 2271 department of revenue, and a written determination that the qualified data center is in material 2272 noncompliance with this section, paragraph (zz) of section 6 of chapter 64H or the certification. CORRECTED 103 of 319 2273 (3) Revocation shall take effect on the first day of the tax year in which the executive 2274 office of economic development determines the qualified data center to be in material 2275 noncompliance. The commissioner of revenue shall, as of the effective date of the revocation, 2276 disallow any credits, exemptions or other tax benefits allowed by the original certification of tax 2277 benefits pursuant to paragraph (zz) of section 6 of chapter 64H. 2278 (h) Each qualified data center shall file a report with the secretary and commissioner prior 2279 to the end of the tenth year of the qualification period detailing whether it has met the specific 2280 investment requirements pursuant to paragraph (zz) of section 6 of chapter 64H. 2281 (i) The secretary, in consultation with the commissioner of revenue, shall promulgate 2282 regulations and shall issue instructions or forms necessary for the implementation of this section. 2283 SECTION 48. Section 16 of chapter 23D of the General Laws, as appearing in the 2022 2284 Official Edition, is hereby amended by striking out, in lines 7 and 8, the words “Massachusetts 2285 Growth Capital Corporation” and inserting in place thereof the following words:- Massachusetts 2286 Development Finance Agency. 2287 SECTION 49. Section 20 of said chapter 23D is hereby repealed. 2288 SECTION 50. Section 1 of chapter 23G of the General Laws, as appearing in the 2022 2289 Official Edition, is hereby amended by inserting after the definition of “Bonds” the following 2290 definition:- 2291 “Community development corporation” or “CDC”, a community development 2292 corporation as defined in section 2 of chapter 40H and certified pursuant to section 2A of said 2293 chapter 40H. CORRECTED 104 of 319 2294 SECTION 51. Said section 1 of said chapter 23G, as so appearing, is hereby further 2295 amended by striking out the definition of “Massachusetts Health and Educational Facilities 2296 Authority” and inserting in place thereof the following 3 definitions:- 2297 “Massachusetts Growth Capital Corporation”, the Massachusetts Growth Capital 2298 Corporation established in chapter 40W, the power, functions, assets and liabilities of which 2299 have been merged into the Massachusetts Development Finance Agency. 2300 “Massachusetts Health and Educational Facilities Authority”, or “HEFA”, the authority 2301 established in section 4 of chapter 614 of the acts of 1968. 2302 “Micro business”, a business entity with: (i) a principal place of business in the 2303 commonwealth; (ii) not more than 10 full-time employees; (iii) annual profit of not more than 2304 $250,000; and (iv) annual revenue not to exceed a threshold amount established by the director 2305 of the MOBD, provided that such threshold amount shall be not less than $250,000. 2306 SECTION 52. Said section 1 of said chapter 23G, as so appearing, is hereby further 2307 amended by inserting after the definition of “Revenues” the following definition:- 2308 “Small business”, a business entity, including its affiliates, that: (i) is independently 2309 owned and operated; (ii) has a principal place of business in the commonwealth; and (iii) would 2310 be defined as a “small business” under applicable federal law. 2311 SECTION 53. Section 2 of said chapter 23G is hereby amended by striking out 2312 subsection (b), as amended by section 126 of chapter 7 of the acts of 2023, and inserting in place 2313 thereof the following subsection:- CORRECTED 105 of 319 2314 (b) The agency shall be governed and its corporate powers exercised by a board of 2315 directors consisting of the secretary of administration and finance or a designee; the secretary of 2316 economic development or a designee, who shall serve as chair; and 13 members to be appointed 2317 by the governor, 1 of whom shall be experienced in real estate development, 1 of whom shall be 2318 experienced in commercial or industrial credit, 1 of whom shall be experienced in mortgage 2319 lending, 1 of whom shall be experienced in banking or investment banking, 1 of whom shall be 2320 experienced in planning and the redevelopment of environmentally contaminated lands, 1 of 2321 whom shall be a representative of organized labor, 1 of whom shall be experienced in 2322 community economic development and employed by a CDC or a representative of the 2323 Massachusetts Association of Community Development Corporations, 1 of whom shall be a 2324 representative of a community bank in the commonwealth, 1 of whom shall be a representative 2325 of an organization of small businesses or manufacturing companies in the commonwealth, 1 of 2326 whom shall be experienced in small business financing or restructuring and 1 of whom shall be a 2327 small business owner. Each member appointed by the governor shall serve for a term of 3 years; 2328 provided, however, that of the initial appointed members, 4 shall serve terms of 2 years and 5 2329 shall serve terms of 3 years. A person appointed to fill a vacancy in the office of a member of the 2330 board shall be appointed in a like manner and shall serve for only the unexpired term of such 2331 member. A member shall be eligible for reappointment. A member may be removed from their 2332 appointment by the governor for cause. 2333 SECTION 54. Said section 2 of said chapter 23G is hereby further amended by striking 2334 out, in line 34, as appearing in the 2022 Official Edition, the word “Six” and inserting in place 2335 thereof the following word:- Eight. CORRECTED 106 of 319 2336 SECTION 55. Said section 2 of said chapter 23G is hereby further amended by striking 2337 out subsection (l), as so appearing, and inserting in place thereof the following 3 subsections:- 2338 (l) The agency shall be the successor to the Massachusetts Growth Capital Corporation, 2339 previously established in section 2 of chapter 40W. All real estate, property rights, personal 2340 property, funds, moneys, revenues, receipts, contract rights and other intangible assets, 2341 equipment and any other ownership, possessory or security interests of any kind whatsoever, or 2342 any portion thereof, held by the Massachusetts Growth Capital Corporation including, but not 2343 limited to, funds previously appropriated by the commonwealth for the Massachusetts Growth 2344 Capital Corporation, shall be deemed for record notice and otherwise, as applicable, to belong to 2345 the agency on the same basis and with the same interest as previously held by the Massachusetts 2346 Growth Capital Corporation. All obligations and liabilities of said Massachusetts Growth Capital 2347 Corporation shall become obligations and liabilities of the Agency. Any resolution taken by or 2348 commitment made by the Massachusetts Growth Capital Corporation with respect to any 2349 financing, including loans, bond issuances, guarantees and insurance and any other action made 2350 by the Massachusetts Growth Capital Corporation shall be a resolution, commitment or action of 2351 the agency. 2352 (m) The Massachusetts Growth Capital Corporation shall continue as long as it shall have 2353 bonds or insurance or guarantee commitments outstanding and until its existence is terminated 2354 by law. Upon the termination of the existence of the agency, all right, title and interest in and to 2355 all of its assets and all of its obligations, duties, covenants and agreements shall vest in and be 2356 possessed, performed and assumed by the commonwealth. CORRECTED 107 of 319 2357 (n) Any documentary materials or data made or received by any member or employee of 2358 the Agency and consisting of, or to the extent that such materials or data consist of, trade secrets 2359 or commercial or financial information regarding the operation of any business conducted by an 2360 applicant for any form of assistance that the agency is authorized to render or regarding the 2361 competitive position of such applicant in a particular field of endeavor, shall not be deemed 2362 public records of the agency and shall not be subject to section 10 of chapter 66. Any discussion 2363 or consideration of such trade secrets or commercial or financial information may be held by the 2364 board in executive sessions but the purpose of any such executive session shall be set forth in the 2365 official minutes of the agency, and no business that is not directly related to such purpose shall 2366 be transacted nor shall any vote be taken during such executive session. 2367 SECTION 56. Subsection (a) of section 3 of said chapter 23G, as so appearing, is hereby 2368 amended by striking out clause (34) and (35) and inserting in place thereof the following 10 2369 clauses:- 2370 (34) to make loans, including working capital and contract based loans, provide 2371 guarantees, loan insurance or reinsurance or otherwise provide financing or credit enhancing 2372 devices for the operation of companies which have a principal place of business in the 2373 commonwealth including, but not limited to, loans to lending institutions under terms and 2374 conditions requiring the proceeds of such loans to be used by such lending institutions for the 2375 making of loans for the operation of companies; 2376 (35) to contract or enter into agreements, licenses and easements, with municipalities, the 2377 federal government, any agency thereof or any other person or entity including, but not limited 2378 to, the commonwealth or any public agencies thereof, regional entities and utility companies, to CORRECTED 108 of 319 2379 provide utility services including, but not limited to, electricity, gas, cable television, broadband 2380 and telephone services and to acquire, construct, maintain and operate any such systems for 2381 utility services; 2382 (36) to borrow money by the issuance of debt obligations whether tax exempt or taxable 2383 and secure such obligations by the pledge of its revenues or the revenues, mortgages and notes of 2384 others; provided, however, that the corporation shall not issue debt obligations pursuant to this 2385 clause if the principal amount of those debt obligations, when added to the principal amount of 2386 existing debt obligations issued by the corporation under this clause, excluding debt obligations 2387 previously refunded or to be refunded by the corporation, would exceed $30,000,000; 2388 (37) to consent, subject to any contract with noteholders or bondholders, whenever it 2389 deems necessary or desirable to implement this chapter, to the modification, with respect to rate 2390 of interest, time of payment of an installment of principal or interest, or other terms, of a 2391 mortgage, mortgage loan, mortgage loan commitment, contract or other agreement to which the 2392 agency is a party; 2393 (38) to create, issue, buy and sell stock and other capital participation instruments, hold 2394 such stock and capital participation instruments and underwrite the creation of a capital market 2395 for these securities; 2396 (39) to provide advisory services, technical assistance and training programs to small 2397 businesses as may be necessary or desirable to carry out this chapter; 2398 (40) to create and issue shares that a person, firm or corporation may purchase; provided, 2399 however, that each share issued shall be in the form of non-voting common stock with each share CORRECTED 109 of 319 2400 having a par value of $10; provided, however, that the total value of the shares issued shall not 2401 exceed $25,000,000; 2402 (41) to make loans or grants to, or otherwise finance or invest in, a business to further the 2403 purposes of this chapter; provided, however, that such loans or grants may be made to certified 2404 community development corporations or other community based nonprofit entities for the 2405 purpose of such corporations or entities providing financing to businesses; 2406 (42) to provide loan guarantees to public or private entities for the purpose of causing 2407 such entities to provide financing to a business; and 2408 (43) to require, by contract in a financing agreement, or otherwise, specific operational 2409 activities, financial actions or management changes, as conditions for the receipt of a loan, 2410 financing or investment by the corporation. 2411 SECTION 57. Said subsection (a) of said section 3 of said chapter 23G is hereby further 2412 amended by inserting after clause (43), inserted by section 56, the following paragraph:- 2413 No debt obligation issued under clause (36), no stock or capital participation instrument 2414 created under clause (38) and no share issued under clause (40) by the agency shall be or become 2415 an indebtedness or obligation of the commonwealth and shall be plainly stated on the face of 2416 each bond, capital participation instrument, share or other evidence of indebtedness that it does 2417 not constitute an indebtedness or obligation of the commonwealth and is payable solely from the 2418 revenues or income of the agency. 2419 SECTION 58. Said chapter 23G is hereby further amended by adding the following 2 2420 sections:- CORRECTED 110 of 319 2421 Section 48. (a) There shall be within the agency a growth capital division to provide 2422 growth capital and other financial assistance to small businesses. 2423 (b) The agency may participate in projects to provide capital or increase or improve the 2424 availability of capital; provided, however, that before such participation, the agency shall find 2425 and incorporate in the official records of the corporation that the project is reasonably expected 2426 to: (i) support or promote economic development, revitalization or stability; (ii) promote 2427 employment opportunities for residents; (iii) promote the creation or retention of jobs; or (iv) 2428 support the creation or expansion of a business sector whose success would enhance the 2429 economic development of the commonwealth, quality of life of residents or employment 2430 opportunities for residents. 2431 The agency shall not participate in a project unless it determines, in writing, that its 2432 participation is necessary because without such participation adequate funding for the project 2433 would not be available or would be offered on terms that would preclude the success of the 2434 project. The agency shall prioritize participation in projects that enhance the quality of life of a 2435 target area as defined in section 2 of chapter 40H or enhance the quality of life and promote 2436 employment opportunities for low- and moderate-income residents of the commonwealth. If a 2437 certified community development corporation requests that the agency participate in a project, 2438 the agency shall make a determination of whether the project is likely to provide employment 2439 opportunities to or enhance the quality of life of low- and moderate-income residents of the 2440 commonwealth, or whether the project supports the creation or expansion of the business sector 2441 in the region served by the CDC. CORRECTED 111 of 319 2442 (c) The agency may participate in projects to provide capital or increase or improve the 2443 availability of capital available to minority-owned or women-owned contractors. The agency 2444 shall not participate in a project unless it determines, in writing, that its participation is necessary 2445 because without such participation adequate funding for the project would not be available or 2446 would be offered on terms that would preclude the success of the project. The agency shall 2447 endeavor to participate in projects each year that promote the equitable growth of minority- 2448 owned or women-owned businesses. 2449 (d) The agency may establish or invest in the capital stock of any corporation organized 2450 to increase capital available to small businesses or to engage local residents and businesses to 2451 work together to undertake programs, projects and activities that develop and improve urban, 2452 rural and suburban communities by creating and expanding economic opportunities for low- and 2453 moderate-income people. Without limitation, any such corporation may: (i) serve as a financial 2454 intermediary between entities undertaking projects and small businesses and public or private 2455 sources of capital including, but not limited to, direct lenders, guarantors or grant makers; and 2456 (ii) provide financial and managerial consulting services to entities undertaking projects, small 2457 businesses and minority-owned or women-owned contractors. Any corporation so organized may 2458 accomplish its purposes by means of investing in the equity capital of, making grants to, making 2459 loans to or issuing loan guarantees to entities undertaking projects or to small businesses. The 2460 agency may have a controlling or a minority interest in such a corporation, as the directors of the 2461 agency shall determine; provided, however, that at least 1 director of the agency shall sit on the 2462 board of directors of the corporation. 2463 (e) Before making an investment in the equity capital of, making grants to, making loans 2464 to or issuing loan guarantees to entities undertaking projects or to small businesses, a corporation CORRECTED 112 of 319 2465 established or in which the agency has invested under subsection (d) shall make the following 2466 findings: 2467 (i) such action is consistent with the objectives of this section and may reasonably be 2468 expected to contribute to the redevelopment and economic well-being of the commonwealth, will 2469 create or retain jobs or will assist minority- or women-owned businesses; 2470 (ii) the funds provided by the agency will be used solely in connection with the costs of 2471 the project or the operation of the small business; 2472 (iii) the contract for participation in a project requires: (A) adequate reporting of financial 2473 data from the small business or project to the corporation; (B) that a business receiving financial 2474 products shall participate in financial and managerial consulting services; and (C) an annual or 2475 other periodic audit of the books of the project or the small business; and 2476 (iv) the corporation’s participation is necessary to the successful completion of the 2477 proposed project or to the success of the small business because funding for the project or small 2478 business is unavailable in the traditional capital markets or that credit has been offered on terms 2479 that would preclude the success of the project or the small business. 2480 If the agency desires to sell or otherwise dispose of stock received under a contract under 2481 this section, the small business or entity undertaking a project, or the small business or entity’s 2482 nominee, shall not later than 120 days have the right of first refusal upon the sale and the right to 2483 meet a subsequent bona fide offer by a third party. The agency shall not, individually or in 2484 combination with a corporation established or invested in by the agency under this section, own 2485 more than 49 per cent of the voting stock in a small business. Upon the request of the agency, the 2486 commissioner of banks shall examine the books of a corporation established or invested in by the CORRECTED 113 of 319 2487 agency under this section, if such examination is a condition of the particular investment, 2488 lending, loan guaranty or grant program administered by such corporation. 2489 (f) The agency shall establish a program to support the provision of financial and 2490 managerial consulting and technical assistance to eligible companies that receive financial 2491 assistance from the commonwealth or any public authorities thereof. Services that may be 2492 supported shall include, but not be limited to, procurement of investment capital, management, 2493 administration, production, product marketing, assisting business in securing federal contracts 2494 and business expansion, renovation and diversification. The program may include: (i) referrals to 2495 technical assistance provided without charge to eligible companies by public and private small 2496 business support organizations; (ii) financial support to engage private consultants; and (iii) a 2497 directory of organizations, experts and consultants available to be engaged to offer financial or 2498 managerial consulting services. The agency shall coordinate the program with the United State 2499 Small Business Administration, the Massachusetts Small Business Development Center Network 2500 and other private for profit and nonprofit providers of consulting and technical assistance to 2501 small businesses. 2502 (g) The agency may provide matching grants to fund consulting and technical assistance 2503 to small businesses who receive financial assistance from the commonwealth or any of the 2504 commonwealth’s public authorities. The grants shall be used by the recipient businesses to pay 2505 for mandated small business consulting and technical assistance services. Prior to awarding a 2506 grant, the agency shall have determined that the financial or managerial consulting services 2507 mandated as a condition of financial support of the small business are not available without 2508 charge from an entity participating in the program and that procuring such services creates a CORRECTED 114 of 319 2509 hardship and impedes the likelihood of success of a project. Grants awarded pursuant to this 2510 subsection shall require a 100 per cent match by the recipient. 2511 (h) The agency may disburse loans and grants to low- and moderate-income 2512 entrepreneurs who are forming, operating or expanding micro businesses in the commonwealth, 2513 in consultation with the micro business development center established by section 69 of chapter 2514 23A. 2515 Section 49. (a) The agency may establish and administer an economic stabilization 2516 program to provide flexible, high-risk financing: 2517 (i) necessary to implement a change of ownership, corporate restructuring or turnaround 2518 plan for economically viable but troubled businesses that face the likelihood of a large 2519 employment loss in the commonwealth, closure of a plant located in the commonwealth or 2520 failure without such a change of ownership, corporate restructuring or turnaround plan; provided, 2521 however, that the program shall provide assistance to firms in specific mature industries for the 2522 purpose of technological investment or upgrading of management operations in order for the 2523 business to maintain future economic stability; and provided further, that the financial 2524 participation of the agency shall aim to supplement private financial institutions and public 2525 economic development agencies when such institutions are unable to provide all the financing or 2526 bear all of the risk necessary to transfer ownership, restructure or turnaround a business where 2527 the business might otherwise fail, experience closure of a plant located in the commonwealth or 2528 greatly reduce its employment in the commonwealth; and 2529 (ii) in connection with starting up employee-owned businesses or the implementation of 2530 employee-ownership projects; provided, however, that the financial participation of the agency CORRECTED 115 of 319 2531 shall aim to supplement private financial institutions and public economic development agencies 2532 when such institutions are unable to provide all the financing or bear all of the risk necessary to 2533 starting up an employee-owned business or implement an employee-ownership project. 2534 (b) Before providing assistance in connection with the purchase of a troubled business 2535 pursuant to clause (i) of subsection (a), the agency’s directors shall determine and incorporate in 2536 the minutes of a meeting of the directors that the business: 2537 (i) is likely to experience a large loss of employment in the commonwealth, closure of a 2538 plant located in the commonwealth or failure without a loan, financing or investment by the 2539 agency; 2540 (ii) within a specific mature industry, requires assistance to technological investment or 2541 upgrading of management operations for the business to maintain future economic stability; 2542 (iii) or person seeking to purchase the troubled business has taken or shall take such 2543 actions as the directors deem necessary to ensure the business has a reasonable chance to 2544 continue as a successful business including, but not limited to, changes in its operations, 2545 financing or management, and that the actions are included as a condition for financing by the 2546 agency in the financing agreement; and 2547 (iv) or person seeking to purchase the troubled business has made diligent efforts to 2548 obtain the financing necessary to continue its operations or transfer ownership of the business 2549 from private financial institutions and public economic development agencies and such financing 2550 is unavailable or has been offered on terms that would prevent the successful continuation or 2551 change in ownership of the business. CORRECTED 116 of 319 2552 (c) When providing assistance in connection with starting up an employee-owned 2553 business or implementation of an employee-ownership project pursuant to clause (ii) of 2554 subsection (a), the directors shall determine and incorporate in the minutes of a meeting of the 2555 directors that the business: 2556 (i) or person seeking assistance has taken or shall take such actions as the directors deem 2557 necessary to ensure that the employee-owned business or employee-ownership project has a 2558 reasonable chance to succeed; and 2559 (ii) except with respect to assistance for pre-feasibility and feasibility studies, has made 2560 diligent efforts to obtain the financing necessary to institute or implement the employee- 2561 ownership project from private financial institutions and public economic development agencies 2562 and such financing is unavailable or has been offered on terms that would prevent the successful 2563 institution or implementation of the employee-owned business or employee-ownership project. 2564 (d) The agency shall seek to direct not less than 10 percent of the financing provided by 2565 the economic stabilization program to businesses that are employee-owned businesses to meet 2566 the purposes of this section. 2567 SECTION 59. Chapter 23I of the General Laws is hereby amended by striking out 2568 section 1, as appearing in the 2022 Official Edition, and inserting in place thereof the following 2569 section:- 2570 Section 1. The general court finds and declares that: CORRECTED 117 of 319 2571 (1) research in the life sciences and regenerative and preventative medicine presents a 2572 significant opportunity of yielding fundamental biological knowledge from which may emanate 2573 therapies to relieve, on a large scale, human suffering from disease and injury; 2574 (2) the extraordinary biomedical scientists working within institutions of higher 2575 education, research institutes, hospitals and life sciences companies can contribute significantly 2576 to the welfare of mankind by performing outstanding research in these fields; 2577 (3) promoting the health of residents of the commonwealth is a fundamental purpose of 2578 state government; 2579 (4) promoting life sciences research to foster the development of the next generation of 2580 health-related innovations, to enhance the competitive position of the commonwealth in this vital 2581 sector of the economy and to improve the quality and delivery of health care for the people of the 2582 commonwealth is a clear public purpose and governmental function; 2583 (5) public support for, and promotion of, the life sciences will benefit the commonwealth 2584 and its residents through improved health status and health outcomes, economic development 2585 and contributions to scientific knowledge, and such research will lead to breakthroughs and 2586 improvements that might not otherwise be discovered due to the lack of existing market 2587 incentives, especially in the area of regenerative and preventative medicine, such as stem cell 2588 research; 2589 (6) public support for, and promotion of, life sciences research has the potential to 2590 provide cures or new treatments for many debilitating diseases that cause tremendous human 2591 suffering and cost the commonwealth millions of dollars each year; CORRECTED 118 of 319 2592 (7) it is imperative for the purposes of the commonwealth’s competitiveness to invest in 2593 life sciences research, biotechnology, nanotechnology, bio-security and health-related artificial 2594 intelligence to leverage revenues and to encourage cooperation and innovation among public and 2595 private institutions involved in life sciences research and related applications; 2596 (8) the purpose of this chapter is to continue the establishment of the Massachusetts Life 2597 Sciences Center, to grant that center the power to contract with other entities to receive other 2598 funds and to disburse those funds consistent with the purpose of this chapter; 2599 (9) the Massachusetts Life Sciences Center is intended to: (i) promote the best available 2600 research in life sciences disciplines through diverse institutions and to build upon existing 2601 strengths in the area of biosciences in order to spread the economic benefits across the 2602 commonwealth; and (ii) foster improved health care outcomes in the commonwealth and the 2603 world; and 2604 (10) the investments of the Massachusetts Life Sciences Center are intended to support 2605 future statewide, comprehensive strategies to lead the nation in life sciences-related research, 2606 innovations and employment. 2607 SECTION 60. Section 2 of said chapter 23I, as so appearing n, is hereby amended by 2608 inserting after the definition of “Equity investment” the following definition:- 2609 “Health equity”, addressing the preventable disproportion and differences in the burden 2610 of disease, experienced by populations that have been disadvantaged by their social or economic 2611 status, geographic location or environment. CORRECTED 119 of 319 2612 SECTION 61. Said section 2 of said chapter 23I, as so appearing, is hereby further 2613 amended by striking out the definition of “Life sciences” and inserting in place thereof the 2614 following definition:- 2615 “Life sciences”, advanced and applied sciences that expand the understanding of human 2616 physiology and have the potential to lead to medical advances or therapeutic applications, 2617 including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical 2618 engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial 2619 intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, 2620 marine biology, marine technology, medical technology, medical devices, nanotechnology, 2621 natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA 2622 interference, stem cell research and veterinary science. 2623 SECTION 62. Section 3 of said chapter 23I, as amended by section 133 of chapter 7 of 2624 the acts of 2023, is hereby further amended by striking out subsection (b) and inserting in place 2625 thereof the following subsection:- 2626 (b)(1) The center shall be governed and its corporate powers exercised by a board of 2627 directors consisting of 9 directors: 1 of whom shall be the secretary of administration and finance 2628 or their designee; 1 of whom shall be the secretary of economic development or their designee; 1 2629 of whom shall be the president of the University of Massachusetts or their designee; and 6 of 2630 whom shall be appointed by the governor, 1 of whom shall be a chief executive officer of a 2631 Massachusetts-based life sciences corporation that is a member of the board of directors of the 2632 Massachusetts Biotechnology Council, 1 of whom shall be a researcher involved in the 2633 commercialization of biotechnology, pharmaceuticals, medical technology or medical diagnostic CORRECTED 120 of 319 2634 products, 1 of whom shall have significant experience in the medical device sector and shall be a 2635 member of the Massachusetts Medical Device Industry Council board of directors, 1 of whom 2636 shall have significant experience in the health equity subsector of the life sciences sector, 1 of 2637 whom shall have significant experience in the digital health subsector of the life sciences sector 2638 and 1 of whom shall be a member of the board of the Massachusetts Health and Hospital 2639 Association, Inc. 2640 (2) Each appointed member shall serve a term of 5 years; provided, however, that in 2641 making initial appointments, the governor shall appoint 1 director to serve for a term of 1 year, 1 2642 director to serve for a term of 2 years, 1 director to serve for a term of 3 years and 1 director to 2643 serve for a term of 4 years. The secretary of administration and finance and the secretary of 2644 economic development, or their designees, shall serve as co-chairs of the board. Any person 2645 appointed to fill a vacancy in the office of an appointed director of the board shall be appointed 2646 in a like manner and shall serve for only the unexpired term of such director. Any director shall 2647 be eligible for reappointment. Any director may be removed from their appointment by the 2648 governor for cause. 2649 SECTION 63. Said section 3 of said chapter 23I is hereby further amended by striking 2650 out, in line 38, as appearing in the 2022 Official Edition, the word “Four” and inserting in place 2651 thereof the following word:- Six. 2652 SECTION 64. Said section 3 of said chapter 23I is hereby further amended by inserting 2653 after the word “center”, in line 71, as so appearing, the following words:- ; provided, however, 2654 that the president may, in the president’s discretion, elect to appoint and employ a chief 2655 administrative and operational officer. CORRECTED 121 of 319 2656 SECTION 65. Section 4 of said chapter 23I is hereby amended by striking out the word 2657 “Investment”, in line 64, as so appearing, and inserting in place thereof the following word:- 2658 Breakthrough. 2659 SECTION 66. Subsection (a) of said section 4 of said chapter 23I, as amended by section 2660 134 of chapter 7 of the acts of 2023, is hereby further amended by inserting after clause (23) the 2661 following clause:- 2662 (23A) to disburse, appropriate, grant, loan or allocate bond proceeds to institutions of 2663 higher education, nonprofit organizations, other public or quasi-public entities in the 2664 commonwealth and certified life sciences companies; provided, that eligible grantees shall 2665 include private businesses; provided further, that grants shall be awarded and administered 2666 consistent with the strategic goals and priorities of the center; provided further, that grants 2667 administered for the purchase of equipment to be owned by, leased to or located within the 2668 premises of a private business shall be administered in support of a partnership with an 2669 institution of higher education or nonprofit corporation with a mission of supporting the life 2670 sciences in the commonwealth; provided further, that a private university or business entity shall 2671 not be eligible for a grant unless the center determines that a grant to such university or entity 2672 will result in a significant public benefit and any private benefit is incidental to a legitimate 2673 public purpose; and provided further, that grants shall be administered in a manner that promotes 2674 geographic, social, racial and economic equity;. 2675 SECTION 67. Said section 4 of said chapter 23I is hereby further amended by striking 2676 out the word “Investment”, in line 159, as appearing in the 2022 Official Edition, and inserting in 2677 place thereof the following word:- Breakthrough. CORRECTED 122 of 319 2678 SECTION 68. Said subsection (a) of said section 4 of said chapter 23I, as amended by 2679 section 134 of chapter 7 of the acts of 2023, is hereby further amended by striking out clauses 2680 (31) and (32) and inserting in place thereof the following 3 clauses:- 2681 (31) to track and report to the general court on federal initiatives that have an impact on 2682 life sciences companies doing business in the commonwealth; 2683 (32) to create award programs to acknowledge successful companies, public and private 2684 institutions and programs in industry-specific areas, as determined by the center; and 2685 (33) to convene an advisory board as may be necessary in its judgment to carry out the 2686 purposes of this chapter. 2687 SECTION 69. Subsection (c) of section 5 of said chapter 23I, as appearing in the 2022 2688 Official Edition, is hereby amended by striking out, in line 64, the word “Investment” and 2689 inserting in place thereof the following word:- Breakthrough. 2690 SECTION 70. Subsection (d) of said section 5 of said chapter 23I, as so appearing, is 2691 hereby amended by striking out, in line 92, the figure “$30,000,000” and inserting in place 2692 thereof the following figure:- $40,000,000. 2693 SECTION 71. Subsection (e) of said section 5 of said chapter 23I, as so appearing, is 2694 hereby amended by striking out, in line 107, the figure “5” and inserting in place thereof the 2695 following figure:- 3. 2696 SECTION 72. Said subsection (e) of said section 5 of said chapter 23I, as so appearing, is 2697 hereby further amended by striking out, in line 120, the word “shall” and inserting in place 2698 thereof the following word:- may. CORRECTED 123 of 319 2699 SECTION 73. Said chapter 23I is hereby further amended by striking out section 6, as so 2700 appearing, and inserting in place thereof the following section:- 2701 Section 6. (a) There shall be established and placed within the center a fund to be known 2702 as the Massachusetts Life Sciences Breakthrough Fund to finance the activities of the center. The 2703 fund shall be credited with: (i) any appropriations or other money authorized by the general court 2704 and specifically designated to be credited thereto; (ii) additional funds subject to the direction 2705 and control of the center; (iii) pension funds; (iv) federal grants or loans; (v) royalties or private 2706 investment capital which may properly be applied in furtherance of the objectives of the fund; 2707 (vi) any proceeds from the sale of qualified investments secured or held by the fund; (vii) fees 2708 and charges imposed relative to the making of qualified investments as defined by the center, 2709 secured or held by the fund; and (viii) any other money which may be available to the center for 2710 the purposes of the fund from any other source. Any funds deposited in the fund shall be 2711 available to the center for the purposes described in this section without further appropriation. 2712 All available money in the fund that is unexpended at the end of each fiscal year shall not revert 2713 to the General Fund and shall be made available for expenditure in the subsequent fiscal year. 2714 (b) The center shall invest and reinvest the fund and the income thereof only as follows: 2715 (i) making qualified investments pursuant to subsection (c); 2716 (ii) defraying the ordinary and necessary expenses of administration and operation 2717 associated with the center; provided, however, that said administrative and operational expenses 2718 shall not exceed 15 per cent of the maximum amount authorized to be expended from the fund in 2719 a fiscal year; CORRECTED 124 of 319 2720 (iii) investing any funds not required for immediate disbursement in the purchase of such 2721 securities as may be lawful investments for fiduciaries in the commonwealth; 2722 (iv) paying binding obligations associated with such qualified investments which shall be 2723 secured by the fund as the same become payable; or 2724 (v) paying principal or interest on qualified investments secured by the fund or paying 2725 any redemption premium required to be paid when such qualified investments shall be redeemed 2726 prior to maturity; provided, however, that money in the fund shall not be withdrawn at any time 2727 in such an amount as would reduce the amount of the fund to less than the minimum requirement 2728 thereof established by the board, except for the purpose of paying binding obligations associated 2729 with qualified investments which shall be secured by the fund as the same become payable. 2730 (c) The fund shall be held and applied by the center, subject to the approval of the board, 2731 to make qualified investments, grants, research and other funding and loans designed to advance 2732 the following public purposes for the life sciences in the commonwealth: 2733 (i) to stimulate increased financing for the expansion of research and development by 2734 leveraging private financing for highly productive state-of-the-art research and development 2735 facilities, equipment and instrumentation and by providing financing related thereto, including, 2736 but not limited to, financing for the construction or expansion of such new facilities; 2737 (ii) to make targeted investments, including, but not limited to, research funding, proof of 2738 concept funding and funding for the development of devices, drugs or therapeutics and to 2739 promote manufacturing activities for new or existing advanced technologies and life sciences 2740 research; provided, that funding provided for the purchase of equipment to be owned by, leased 2741 to or located within the premises of a private businesses shall be made in support of a partnership CORRECTED 125 of 319 2742 with an institution of higher education or nonprofit corporation with a mission of supporting the 2743 life sciences in the commonwealth; provided further, that a private university or business entity 2744 shall not be eligible for funding unless the center determines that such funding will result in a 2745 significant public benefit and any private benefit is incidental to a legitimate public purpose; and 2746 provided further, that grants shall be awarded in a manner that promotes geographic, social, 2747 racial and economic equity; 2748 (iii) to make matching grants to colleges, universities, independent research institutions, 2749 nonprofit entities, public instrumentalities, companies and other entities in connection with 2750 support from the federal government, industry and other grant-funding sources related to the 2751 expansion of research and development and to increase and strengthen economic development, 2752 employment opportunities and commercial and industrial sectors in the field of life sciences; 2753 (iv) to provide bridge financing to colleges, universities, independent research 2754 institutions, nonprofit entities, public instrumentalities, companies and other entities for the 2755 receipt of grants as described in clause (iii) awarded or to be awarded by the federal government, 2756 industry or other sources; 2757 (v) to provide fellowships, co-ops, high school internships, for which additional 2758 consideration shall be given to minority students at schools where at least 80 per cent of the 2759 student population is eligible for free or reduced lunch, college internships, for which additional 2760 consideration shall be given to minority students enrolled full-time or part-time at a community 2761 college, loans and grants; 2762 (vi) to provide workforce training grants to prepare individuals for life sciences careers; CORRECTED 126 of 319 2763 (vii) to provide funding for development, coordination and marketing of higher education 2764 programs; and 2765 (viii) to make qualified grants to certified life sciences companies for site remediation, 2766 preparation and ancillary infrastructure improvement projects. 2767 (d) Proceeds of the fund may be used by the center to fund life sciences initiatives, 2768 including, but not limited to: 2769 (i) international trade initiatives; 2770 (ii) qualified grants and equity investments to further workforce development and 2771 education in the life sciences and to promote a diverse life sciences workforce in the 2772 commonwealth; 2773 (iii) activities that facilitate the transfer of technology from the commonwealth’s research 2774 institutions to the commonwealth’s life science industries for productive use by such industries 2775 and to make targeted investments in proof of concept funding for emerging technologies; 2776 (iv) a program to promote the research and development of plant-made pharmaceuticals 2777 and industrial products through field trials, in collaboration with the department of agricultural 2778 resources; 2779 (v) initiatives to promote the research, development, adoption and productive application 2780 of artificial intelligence within the commonwealth’s life science industries; 2781 (vi) initiatives to promote health equity, including programs that help identify and 2782 address preventable disproportion and differences in the burden of disease or opportunities to CORRECTED 127 of 319 2783 achieve optimal health, experienced by populations that have been disadvantaged by their social 2784 or economic status, geographic location or environment; 2785 (vii) initiatives to promote the efficient collection, storage and sharing of biological 2786 samples and health information to assist with research and development of new treatments for 2787 disease or otherwise improve patient outcomes; 2788 (viii) initiatives to promote biomanufacturing and supply chain resiliency in the life 2789 sciences in the commonwealth; 2790 (ix) initiatives to promote diversity and equity in life sciences entrepreneurship; and 2791 (x) a program to make qualified equity investments in early-stage life sciences companies 2792 and enterprises seeking to raise seed capital; provided, however, that qualified equity 2793 investments shall not exceed $250,000 in any 1 enterprise; and provided further, that the center 2794 shall not make such qualified equity investments unless the investment has been approved by a 2795 majority vote of the board, the recipient is a life sciences company certified pursuant to section 5 2796 and the center finds, to the extent possible, that a definite benefit to the commonwealth’s 2797 economy may reasonably be expected from the qualified investment. In evaluating a request or 2798 application for a qualified equity investment, the center shall consider whether: 2799 (A) the proceeds of the equity investment shall only be used to cover the seed capital 2800 needs of the enterprise except as hereinafter authorized; 2801 (B) the enterprise has a reasonable chance of success; 2802 (C) the center’s participation is necessary to the success of the enterprise because funding 2803 for the enterprise is unavailable in the traditional capital markets or contingent upon matching CORRECTED 128 of 319 2804 funds or because funding has been offered on terms that would substantially hinder the success 2805 of the enterprise; 2806 (D) the enterprise has reasonable potential to create a substantial amount of primary 2807 employment in the commonwealth; 2808 (E) the enterprise’s principals have made or are prepared to make a substantial financial 2809 and time commitment to the enterprise; and 2810 (F) a reasonable effort has been made to find a professional investor to invest in the 2811 enterprise and whether such effort was successful. 2812 (e)(1) The center shall not make a qualified investment pursuant to subsection (c) unless: 2813 (i) the investment has been approved by a majority vote of the board; 2814 (ii) the recipient is a certified life sciences company pursuant to section 5 or a project or 2815 initiative listed in subsection (d); 2816 (iii) the securities to be purchased shall be qualified securities; 2817 (iv) there shall be a reasonable possibility that the center shall, at a minimum, recoup its 2818 initial investment; 2819 (v) binding commitments have been made to the center by the enterprise for adequate 2820 reporting of financial data to the center, including, but not limited to, a requirement for an annual 2821 or other periodic audit of the books of the enterprise, and for such control on the part of the 2822 center as the board shall consider prudent over the management of the enterprise, to protect the CORRECTED 129 of 319 2823 investment of the center, including, but not limited to, the board’s right to access financial and 2824 other records of the enterprise; and 2825 (vi) the center finds, to the extent possible, that a definite benefit to the commonwealth’s 2826 economy may reasonably be expected from the qualified investment; provided, that in evaluating 2827 a request or application for funding, the center shall consider the following: 2828 (A) the appropriateness of the project; 2829 (B) whether the project has significant potential to expand employment; 2830 (C) the project’s potential to enhance technological advancements; 2831 (D) the project’s potential to lead to a breakthrough medical treatment for a particular 2832 disease or medical condition; 2833 (E) the project’s potential for leveraging additional funding or attracting resources to the 2834 commonwealth; 2835 (F) the project’s potential to promote manufacturing in the commonwealth; and 2836 (G) evidence of potential royalty income and contractual means to recapture such income 2837 for the purposes of this chapter, as the center considers appropriate; 2838 (vii) to the extent the investment is a capital investment made pursuant to clause (viii) of 2839 subsection (c), the investment has been approved by the secretary of administration and finance 2840 upon request of the center; provided, however, that said request shall be submitted to the 2841 secretary of administration and finance in writing and shall include, but shall not be limited to: 2842 (A) a description of the project or program to be funded; CORRECTED 130 of 319 2843 (B) the economic benefits to the commonwealth which can reasonably be expected from 2844 the project or program; 2845 (C) a copy of the proposed contract or other document executing the transaction between 2846 the center and the recipient of the funds; 2847 (D) a description of the contractual or other legal remedies available to the center upon 2848 non-performance of the contract or other document executing the transaction by the recipient, 2849 including, but not limited to, any provisions for restitution or reimbursement of the funds 2850 granted, loaned or otherwise invested in or with the recipient; and 2851 (E) any other information as the secretary of administration and finance may determine; 2852 and 2853 (viii) the qualified investment conforms with the rules approved by the board. 2854 (2) Rules approved by the board shall set the terms and conditions for investments that 2855 shall constitute qualified investments, including, but not limited to, loans, guarantees, loan 2856 insurance or reinsurance, equity investments, grants awarded pursuant to clause (iii) of 2857 subsection (c), other financing or credit enhancing devices, as established by the center directly 2858 or on its own behalf or in conjunction with other public instrumentalities, or private institutions 2859 or the federal government. The rules shall provide that qualified investments made pursuant to 2860 clauses (i) and (ii) of said subsection (c) shall involve a transaction with the participation of at 2861 least 1 at-risk private party; provided, that the rules approved by the board shall establish the 2862 terms, procedures, standards and conditions which the center shall employ to identify qualified 2863 applications, process applications, make investment determinations, safeguard the fund, advance 2864 the objective of increasing employment opportunities, oversee the progress of qualified CORRECTED 131 of 319 2865 investments and secure the participation of other public instrumentalities, private institutions or 2866 the federal government in qualified investments; and provided further, that the rules shall provide 2867 for negotiated intellectual property agreements between the center and a qualified investment 2868 recipient which shall include, but shall not be limited to, the terms and conditions by which the 2869 fund’s support may be reduced or withdrawn. 2870 (f) The center may solicit investments by private institutions or investors in the activities 2871 of the fund and may reach agreements with such private institutions or investors regarding the 2872 terms of any such investments, including, but not limited to, the rights of such investors to 2873 participate in the income or appropriation of the fund. To further the objective of securing 2874 investments by private institutions or investors in the activities of the fund pursuant to the 2875 preceding sentence, the center may develop a proposal creating a separate investment entity 2876 which shall permit the commingling of the fund’s resources with the maximum participation by 2877 such private institutions or investors in a manner consistent with the public purpose of the fund 2878 and under the terms and conditions established to protect and preserve the assets of the fund. 2879 (g) Copies of the approved rules, and any modifications, shall be submitted to the clerks 2880 of the house of representatives and the senate, who shall forward the same to the house and 2881 senate committees on ways and means and the joint committee on economic development and 2882 emerging technologies. 2883 (h) Qualified investment transactions made by the center pursuant to this section shall 2884 not, except as specified in this chapter, be subject to chapter 175, or any successor thereto, and 2885 shall be payable solely from the fund and shall not constitute a debt or pledge of the full faith and 2886 credit of the commonwealth, the center or any subdivision of the commonwealth. CORRECTED 132 of 319 2887 (i) The center shall not make expenditures from or a commitment of the assets of the 2888 fund, including, but not limited to, the making of qualified investments secured by the fund, if 2889 following the making of said qualified investment, the amount of the fund shall be less than the 2890 minimum requirement established by the board. 2891 SECTION 74. Subsection (a) of section 7 of said chapter 23I, as so appearing, is hereby 2892 amended by adding the following sentence:- The center may, in its discretion, transfer funds 2893 from the Massachusetts Life Sciences Breakthrough Fund established in section 6 to the Dr. 2894 Craig C. Mello Small Business Equity Investment Fund to advance the purposes of this section. 2895 SECTION 75. Subsection (a) of section 8 of said chapter 23I, as so appearing, is hereby 2896 amended by adding the following sentence:- The center may, in its discretion, transfer funds 2897 from the Massachusetts Life Sciences Breakthrough Fund established in section 6 to the Dr. 2898 Judah Folkman Higher Education Grant Fund to advance the purposes of this section. 2899 SECTION 76. Sections 9, 10 and 12 of said chapter 23I are hereby repealed. 2900 SECTION 77. Section 15 of said chapter 23I, as appearing in the 2022 Official Edition, is 2901 hereby amended by striking out, in line 18, the words “October 1”, and inserting in place thereof 2902 the following words:- December 31. 2903 SECTION 78. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby 2904 amended by inserting after the definition of “Center” the following definition:- 2905 “Certified climatetech company”, a climatetech company that has been certified by the 2906 center for participation in the climatetech industry tax incentive program established in section 2907 16. CORRECTED 133 of 319 2908 SECTION 79. Said section 1 of said chapter 23J, as so appearing, is hereby further 2909 amended by inserting after the definition of “Clean energy research” the following 3 definitions:- 2910   “Climatetech”, clean energy and any other advanced and applied technologies that 2911 contribute to the decarbonization of the economy, reduce and mitigate greenhouse gas emissions 2912 or mitigate the impacts of climate change through adaptation, resiliency and environmental 2913 sustainability.  2914 “Climatetech company”, a business corporation, partnership, firm, unincorporated 2915 association or other entity engaged in research, development, innovation, manufacturing, 2916 deployment or commercialization of climatetech technologies in the commonwealth and any 2917 affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, 2918 64H or 64I.  2919 “Climatetech research”, clean energy research and other advanced and applied research in 2920 new climatetech technologies. 2921 SECTION 80. Section 2 of said chapter 23J is hereby amended by striking out, in lines 2922 16, 17, 23, 24, 25 and 26, 30, 36, 39, 54, 55, 88 and 89, 90 and 102, as so appearing, the words 2923 “clean energy”, each time they appear, and inserting in place thereof, in each instance, the 2924 following word:- climatetech. 2925 SECTION 81. Said section 2 of said chapter 23J is hereby further amended by striking 2926 out, in line 32, as so appearing, the word “clean” and inserting in place thereof the following 2927 word:- climatetech. 2928 SECTION 82. Section 3 of said chapter 23J, as so appearing, is hereby amended by 2929 striking out, in lines 14, 37, 72, 87, 90, 92, 109, 112, 113, 131 and 132, 136, 141, 169, 170 and CORRECTED 134 of 319 2930 171, 177 and 179, the words “clean energy” and inserting in place thereof, in each instance, the 2931 following word:- climatetech. 2932 SECTION 8380. Said section 3 of said chapter 23J, as so appearing, is hereby further 2933 amended by striking out, in lines 66 and 134, the words “Clean Energy” and inserting in place 2934 thereof, in each instance, the following words:- Climatetech. 2935 SECTION 84. Section 5 of said chapter 23J, as so appearing, is hereby amended by 2936 striking out, in lines 26 and 28, the words “clean energy”, each time they appear, and inserting in 2937 place thereof, in each instance, the following word:- climatetech. 2938 SECTION 85. Section 7 of said chapter 23J, as so appearing, is hereby amended by 2939 striking out, in lines 2, 3 and 7, the words “clean energy”, each time they appear, and inserting in 2940 place thereof, in each instance, the following word:- climatetech. 2941 SECTION 86. Section 8 of said chapter 23J, as so appearing, is hereby amended by 2942 striking out, in lines 10, 14, 32 and 34, the words “clean energy”, each time they appear, and 2943 inserting in place thereof, in each instance, the following word:- climatetech. 2944 SECTION 87. Section 9 of said chapter 23J, as so appearing, is hereby amended by 2945 inserting after the words “renewable energy”, in lines 24, 26, 28, 29, 31, 32, 36, 41 54, 97, 105 2946 and 134, each time they appear, the following words:- and climatetech. 2947 SECTION 88. Said section 9 of said chapter 23J, as so appearing, is hereby further 2948 amended by inserting after the words “clean energy”, in lines 52 and 58, each time they appear, 2949 the following words:- and climatetech. CORRECTED 135 of 319 2950 SECTION 89. Subsection (d) of said section 9 of said chapter 23J, as so appearing, is 2951 hereby amended by striking out, in lines 78 to 86, inclusive, the words “industry; (ii) the use of 2952 renewable energy by electricity customers in the commonwealth; (iii) public education and 2953 training regarding renewable energy including, but not limited to, promoting programs and 2954 investments that lead to pathways toward economic self-sufficiency for low- and moderate- 2955 income individuals and communities in the clean energy industry; (iv) product and market 2956 development; (v) pilot and demonstration projects and other activities designed to increase the 2957 use and affordability of renewable energy” and inserting in place thereof the following words:- 2958 and climatetech industry; (ii) the use of renewable energy by electricity customers in the 2959 commonwealth; (iii) public education and training regarding renewable energy and climatetech, 2960 including, but not limited to, promoting programs and investments that lead to pathways toward 2961 economic self-sufficiency for low- and moderate-income individuals and communities in the 2962 clean energy and climatetech industry; (iv) product and market development; (v) pilot and 2963 demonstration projects and other activities designed to increase the use and affordability of 2964 renewable energy and climatetech. 2965 SECTION 90. Said section 9 of said chapter 23J, as so appearing, is hereby further 2966 amended by inserting after the word “projects”, in line 123, the following words:- ; provided, 2967 that climatetech technologies eligible for assistance shall be consistent with the definition of 2968 climatetech as set forth in section 1. 2969 SECTION 91. Section 9A of said chapter 23J, as so appearing, is hereby amended by 2970 striking out, in line 84, the word “and”. CORRECTED 136 of 319 2971 SECTION 92. Subsection (b) of said section 9A of said chapter 23J, as so appearing, is 2972 hereby amended by striking out clause (12) and inserting in place thereof the following 3 2973 clauses:- 2974 (12) promote jobs, economic and workforce development through capital grants to 2975 companies and governmental entities for the purpose of supporting and stimulating research, and 2976 development, innovation, manufacturing, commercialization and deployment of offshore wind in 2977 the commonwealth; 2978 (13) provide for the necessary and reasonable administrative and personnel costs of the 2979 center or of the executive office of energy and environmental affairs related to administering the 2980 fund; and 2981 (14) otherwise further the public purposes set forth in this section. 2982 SECTION 93. Section 10 of said chapter 23J, as so appearing, is hereby amended by 2983 striking out, in lines 3 and 6, the words “clean energy”, each time they appear, and inserting in 2984 place thereof, in each instance, the following word:- climatetech. 2985 SECTION 94. Section 13 of said chapter 23J, as so appearing, is hereby amended by 2986 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, 2987 44, 49, 56, 64 and 75, the words “clean energy”, each time they appear, and inserting in place 2988 thereof, in each instance, the following word:- climatetech. 2989 SECTION 95. Section 15 of said chapter 23J, as so appearing, is hereby amended by 2990 striking out, in lines 2 and 71, the words “Clean Energy”, each time they appear, and inserting in 2991 place thereof in each instance the following word:- Climatetech. CORRECTED 137 of 319 2992 SECTION 96. Said section 15 of said chapter 23J, as so appearing, is hereby further 2993 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, 2994 the words “clean energy”, each time they appear, and inserting in place thereof in each instance 2995 the following word:- climatetech. 2996 SECTION 97. Said section 15 of said chapter 23J, as so appearing, is hereby further 2997 amended by striking out, in line 47, the word “and”. 2998 SECTION 98. Subsection (b) of said section 15 of said chapter 23J, as so appearing, is 2999 hereby amended by striking out clause (x) and inserting in place thereof the following 2 clauses:- 3000 (x) promoting jobs, economic and workforce development through capital grants to 3001 companies and governmental entities for the purpose of supporting and stimulating research and 3002 development, innovation, manufacturing, commercialization and deployment of climatetech 3003 technologies in the commonwealth; and 3004 (xi) providing for the necessary and reasonable administrative and personnel costs of the 3005 center or of the executive office of energy and environmental affairs related to administering the 3006 fund. 3007 SECTION 99. Said chapter 23J is hereby further amended by adding the following 3008 section:- 3009 Section 16. (a) There shall be established and placed within the center a climatetech tax 3010 incentive program that shall be administered by the center. The purpose of the program shall be 3011 to develop and expand climatetech related employment opportunities in the commonwealth and 3012 to promote climatetech related economic development in the commonwealth by supporting and CORRECTED 138 of 319 3013 stimulating research, development, innovation, manufacturing and deployment in the climatetech 3014 sector. A climatetech company certified pursuant to subsection (b) shall be eligible for 3015 participation in the program. 3016 (b) The center may, upon a majority vote of the board, certify a climatetech company as 3017 eligible upon: (i) the timely receipt, as determined by the center, of a certification proposal 3018 supported by independently verifiable information, signed under the pains and penalties of 3019 perjury by a person expressly authorized to contract on behalf of the climatetech company and 3020 shall include, but shall not be limited to, an estimate of the projected new state revenue the 3021 climatetech company expects to generate during the period for which the company seeks 3022 certification, together with a plan that shall include, but shall not be limited to: (A) precise goals 3023 and objectives, by which the climatetech company proposes to achieve the projected new state 3024 revenue; (B) an estimate of the number of permanent full-time employees to be hired or retained; 3025 (C) an estimate of the year in which the company expects to hire or retain the employees; (D) an 3026 estimate of the projected average salaries of said employees; (E) an estimate of the projected 3027 taxable income pursuant to chapter 62 generated by said employees; (F) an estimate of the 3028 methods by which the company shall obtain new employees and pursue a diverse workforce; and 3029 (G) if applicable, an estimate of the company’s planned capital investment in the commonwealth; 3030 and (ii) findings made by the center, based on the certification proposal, documents submitted 3031 therewith and any additional investigation by the center that shall be incorporated in its approval, 3032 that: (1) the climatetech company is likely to contribute substantially to research, development, 3033 innovation, manufacturing, commercialization or deployment of  climatetech  in the 3034 commonwealth; (2) the climatetech company has a substantial likelihood of meeting all statutory 3035 requirements and any other criteria that the center may prescribe, including, but not limited to, CORRECTED 139 of 319 3036 criteria in the following areas: (A) leveraging additional funding or attracting additional 3037 resources to the commonwealth; (B) increasing research, development, innovation, 3038 manufacturing, commercialization or deployment of climate technologies within the 3039 commonwealth; and (C) creating employment in the commonwealth; and (3) the climatetech 3040 company has a substantial likelihood of meeting its state revenue, employment growth and 3041 applicable capital investment projections, as specified in the certification proposal, over the 3042 period for which it receives benefits. 3043 (c)(1) Certification granted pursuant to subsection (b) shall be valid for 5 years starting 3044 with the tax year in which certification is granted. Each certified climatetech company shall file 3045 an annual report with the center certifying whether it has met the specific targets established in 3046 the proposal pursuant to clause (i) of subsection (b) and, if not, detailing its progress towards 3047 those targets. 3048 (2) The certification of a climatetech company may be revoked by the center after an 3049 investigation by the center and a determination that the climatetech company is in material 3050 noncompliance with its certification proposal; provided, however, that the center shall review 3051 said certified climatetech company at least annually. Revocation shall take effect on the first day 3052 of the tax year in which the center determines the certified climatetech company to be in material 3053 noncompliance. The commissioner of revenue shall, as of the effective date of the revocation, 3054 disallow any credits allowed by the original certification of tax benefits under this section. The 3055 commissioner of revenue shall issue regulations to establish a process to recapture the value of 3056 any credits allowed by the certification under this section. For the purposes of this paragraph, 3057 “material noncompliance” shall mean the failure of a certified climatetech company to 3058 substantially achieve the new state revenue, job growth and capital investment projections set CORRECTED 140 of 319 3059 forth in its certification proposal or any other act, omission or misrepresentation by the certified 3060 climatetech company that frustrates the public purpose of the climatetech tax incentive program. 3061 (3) Nothing in this subsection shall limit any legal remedies available to the 3062 commonwealth against any certified climatetech company. 3063 (d)(1) The center, in consultation with the department of revenue, may annually authorize 3064 incentives, including those established in subsections (gg) and (hh) of section 6 of chapter 62, 3065 subsection (j) of section 38M of chapter 63, section 38RR of said chapter 63, section 38SS of 3066 said chapter 63, section 38TT of said chapter 63, the second paragraph of subsection (c) of 3067 section 42B of said chapter 63 and subsection (yy) of section 6 of chapter 64H, that shall not 3068 exceed $30,000,000 annually. The center, in consultation with the department of revenue, may 3069 limit the incentives to a specific dollar amount or time duration or in any other manner deemed 3070 appropriate by the department of revenue; provided, however, that the department of revenue 3071 shall only allocate the incentives among certified climatetech companies. 3072 (2) The center, in consultation with the department of revenue, shall provide an estimate 3073 to the secretary of administration and finance of the tax cost of extending benefits to a proposed 3074 project before certification, as approved by the commissioner of revenue, based on reasonable 3075 projections of project activities and costs. Tax incentives shall not be available to a certified 3076 climatetech company unless expressly granted by the secretary of administration and finance in 3077 writing.  3078 SECTION 100. Section 18 of chapter 23N of the General Laws, as most recently 3079 amended by section 137 of chapter 7 of the acts of 2023, is hereby further amended by striking 3080 out subsections (b) and (c) and inserting in place thereof the following subsections:- CORRECTED 141 of 319 3081 (b) The fund shall be administered by the secretary of economic development. Money in 3082 the fund shall be competitively granted pursuant to existing workforce development programs 3083 that develop and strengthen workforce opportunities for low-income communities or vulnerable 3084 youth and young adults in the commonwealth, including providing opportunities and strategies to 3085 promote stable employment and wage growth, or competitively granted to eligible recipients 3086 described in subsection (c). 3087 (c) Eligible grant recipients shall provide opportunities that: (i) target at risk youth, 3088 including resources to empower youth to succeed in the workforce; (ii) provide job skills 3089 trainings, including programs offering trainings in multiple languages and areas for development, 3090 including education and hands on skills; (iii) promote adult literacy, including strategies to 3091 master reading and writing and providing digital formats to increase accessibility; and (iv) 3092 provide English language learning programs to promote access to the workforce; provided, 3093 however, that as an alternative, eligible grant recipients may provide opportunities that: (A) 3094 provide job skills trainings, including education and hands-on skills for individuals with 3095 intellectual, developmental or physical disabilities; or (B) facilitate work permits, professional 3096 credentialing or other workforce opportunities for non-citizens permanently residing under color 3097 of law or otherwise lawfully present in the commonwealth. The secretary of economic 3098 development shall establish criteria to evaluate applications for the grant program; provided, that 3099 the criteria shall include, but shall not be limited to, at risk populations; provided further, that 3100 preference shall be given to eligible grant recipients providing opportunities for individuals who 3101 meet at least 2 of the following: (i) is under 30 years of age; (ii) is a victim of violence; (iii) is 3102 over 18 years of age and does not have a high school diploma; (iv) has been convicted of a 3103 felony; (v) has been unemployed or has had a family income below 250 per cent of the federal CORRECTED 142 of 319 3104 poverty level for not less than 6 months; (vi) lives in a census tract where over 20 per cent of the 3105 populations fall below the federal poverty line; (vii) is an immigrant, refugee or person of color; 3106 or (viii) is an individual with an intellectual, developmental or physical disability. 3107 SECTION 101. Section 29K of said chapter 29, as appearing in the 2022 Official Edition, 3108 is hereby amended by adding the following subsection:- 3109 (h) Notwithstanding any general or special law to the contrary, the board of directors of a 3110 state authority may meet independently of management or in executive session to discuss matters 3111 pertaining to the audit or compensation committees. 3112 SECTION 102. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby 3113 amended by adding the following subsection:- 3114 (g) Notwithstanding section 39M of chapter 30, or any general or special law to the 3115 contrary, a governmental body may, in a single procurement in accordance with section 5, 3116 procure: (i) broadband internet service; (ii) the design, installation, maintenance and operation of 3117 fiber optic cables and other equipment to provide broadband internet service to a public building 3118 or buildings; (iii) the design, installation, maintenance and operation of a wireless 3119 communication network for a public building or public land; or (iv) any combination of the 3120 foregoing. All such fiber optic cables, wireless network equipment and other physical 3121 improvements designed, installed, maintained and operated pursuant to such procurement shall 3122 be considered supplies. 3123 SECTION 103. Section 1 of chapter 31 of the General Laws is hereby amended by 3124 striking out, in lines 4 to 6, inclusive, as so appearing, the words “personnel administrator of the 3125 human resources division within the executive office for administration and finance” and CORRECTED 143 of 319 3126 inserting in place thereof the following words:- agency head or chief human resources officer of 3127 the human resources division within the executive office for administration and finance or a 3128 delegated agent. 3129 SECTION 104. Said section 1 of said chapter 31 is hereby further amended by striking 3130 out, in lines 18 to 21, inclusive, as so appearing, the words “(e) assuring fair treatment of all 3131 applicants and employees in all aspects of personnel administration without regard to political 3132 affiliation, race, color, age, national origin, sex, marital status, handicap,” and inserting in place 3133 thereof the following words:- (e) notwithstanding potential remedies provided by any other laws 3134 that prohibit discrimination in employment, assuring fair treatment of all applicants and 3135 employees in all aspects of personnel administration without regard to political affiliation, race, 3136 color, age, national origin, sex, marital status, military status, disability, sexual orientation, 3137 gender identity. 3138 SECTION 105. Said section 1 of said chapter 31 is hereby further amended by striking 3139 out, in line 44, as so appearing, the words ““Department” or “division”” and inserting in place 3140 thereof the following word:- “Division”. 3141 SECTION 106. Said section 1 of said chapter 31, as amended by section 59 of chapter 3142 205 of the acts of 2024, is hereby further amended by inserting after the definition “Departmental 3143 unit” the following definition:- 3144 “Disability”, any condition or characteristic, physical or mental, which substantially 3145 limits one or more major life activities; or a record of such impairment; or the external 3146 manifestations of such impairment. CORRECTED 144 of 319 3147 SECTION 107. Said section 1 of said chapter 31 is hereby further amended by inserting 3148 after the word “examination”, in line 71, as appearing in the 2022 Official Edition, the following 3149 words:- , where required by the rules of the administrator,. 3150 SECTION 108. Said section 1 of said chapter 31 is hereby further amended by striking 3151 out, in line 82 to 85, inclusive, as so appearing, the definition of “Handicap”. 3152 SECTION 109. Said section 1 of said chapter 31 is hereby further amended, by striking 3153 out, in lines 94 and 95, as so appearing, the words “six or section twenty-eight” and inserting in 3154 place thereof the following words:- 6, 6D or 28. 3155 SECTION 110. Subsection (b) of section 2 of said chapter 31, as so appearing, is hereby 3156 amended by striking out the third and fourth paragraphs and inserting in place thereof the 3157 following 2 paragraphs:- 3158 The appeal shall be accompanied by such form as the commission may prescribe 3159 containing a statement of the allegations that form the basis of the aggrieved person’s appeal 3160 with specific reference to the provisions of this chapter or the rules of the administrator or basic 3161 merit principles that have been violated, together with an explanation of how the person has been 3162 harmed. 3163 Hearings on any appeal pending before the commission may be held before any member 3164 thereof, who shall report their findings of fact and recommendations to the commission for its 3165 action. Alternatively, the chair of the commission may appoint as hearing officer any other 3166 disinterested person who is experienced in adjudication or well-versed in the provisions of this 3167 chapter; provided, that upon the conclusion of any such hearing, and consistent with the 3168 provisions governing tentative decisions set forth in the Standard Adjudicatory Rules of Practice CORRECTED 145 of 319 3169 and Procedure, the assigned hearing officer shall report their findings of fact and 3170 recommendations to the commission for its action. 3171 SECTION 111. Said section 2 of said chapter 31, as so appearing, is hereby further 3172 amended by inserting after the figure “31A”, in line 49, the following words:- or this chapter. 3173 SECTION 112. Said section 2 of said chapter 31, as so appearing, is hereby further 3174 amended by striking out subsections (d) to (g), inclusive, and inserting in place thereof the 3175 following 5 subsections:- 3176 (d) To hear and decide appeals concerning performance evaluations or performance 3177 audits conducted by the administrator, as provided by this chapter or chapter 31A. 3178 (e) To award reasonable attorneys’ fees and costs up to $25,000 to an appellant who 3179 prevails in an appeal brought under this chapter, upon an express finding of either bad faith on 3180 the part of the appointing authority or an egregious or willfully repeated violation of this chapter, 3181 unless special circumstances would render such an award in full unjust. 3182 (f) To recommend any proposed rule changes to the administrator it feels would be 3183 consistent with basic merit principles outlined in this chapter and would be in the public interest. 3184 (g) To adopt such rules of procedure as necessary for the conduct of its proceedings. 3185 (h) To close all or a portion of a hearing or proceeding conducted by the commission 3186 pursuant to this chapter, and to make such orders deemed necessary to protect the privacy of a 3187 person’s health or other acutely sensitive or confidential information. CORRECTED 146 of 319 3188 SECTION 113. Section 4 of said chapter 31, as so appearing, is hereby amended by 3189 striking out, in lines 12 and 13 and 27, the words “in one or more newspapers” and inserting in 3190 place thereof the following words:- on the websites of the administrator and the commission. 3191 SECTION 114. Said section 4 of said chapter 31, as so appearing, is hereby further 3192 amended by inserting after the word “copy”, in line 23, the following words:- or transmit the 3193 entire revised set of rules via electronic media. 3194 SECTION 115. Section 5 of said chapter 31, as so appearing, is hereby amended by 3195 striking out, in line 30, the words “handicapped persons” and inserting in place thereof the 3196 following words:- persons with disabilities. 3197 SECTION 116. Said section 5 of said chapter 31, as so appearing, is hereby further 3198 amended by striking out, in line 33, the word “handicapped” and inserting in place thereof the 3199 following words:- persons with disabilities. 3200 SECTION 117. Section 6 of said chapter 31, as so appearing, is hereby amended by 3201 striking out, in lines 10 and 11, the words “twenty-six, forty, forty-seven, fifty-six, and sixty” 3202 and inserting in place thereof the following words:- 6D, 26, 40, 47, 56 and 60. 3203 SECTION 118. Section 6A of said chapter 31, as so appearing, is hereby amended by 3204 striking out, in line 15, the word “department” and inserting in place thereof the following word:- 3205 division. 3206 SECTION 119. Said chapter 31 is hereby further amended by inserting after section 6C 3207 the following section:- CORRECTED 147 of 319 3208 Section 6D. Notwithstanding any general or special law to the contrary, the administrator 3209 may approve the original appointments of a municipal appointing authority sanctioned by 3210 sections 59A, 59B or 59C; provided, that the administrator’s role in facilitating such alternative 3211 original appointments shall not serve as the predicate for any claim asserted against the 3212 administrator under chapter 151B. 3213 SECTION 120. Section 6D of said chapter 31, as inserted by section 119, is hereby 3214 repealed. 3215 SECTION 121. Section 20 of said chapter 31, as appearing in the 2022 Official Edition, 3216 is hereby amended by striking out, in lines 5 and 6, the words “not exceeding ten dollars,”. 3217 SECTION 122. Said section 20 of said chapter 31, as so appearing, is hereby further 3218 amended by striking out, in lines 8 to 24, inclusive, the second and third paragraphs. 3219 SECTION 123. The fourth paragraph of section 21 of said chapter 31, as so appearing, is 3220 hereby amended by striking out the last sentence and inserting in place thereof the following 3221 sentence:- The administrator shall notify the Massachusetts commission against discrimination 3222 when it issues a certification with this limitation. 3223 SECTION 124. Said section 21 of said chapter 31, as so appearing, is hereby further 3224 amended by adding the following paragraph:- 3225 The administrator may limit eligibility to appear on a certification for an original 3226 appointment to persons who are fluent in a specified foreign language commonly spoken among 3227 the constituency to be served if the appointing authority requests such limitation in its 3228 requisition. For public safety departments that have entered into an agreement with the CORRECTED 148 of 319 3229 administrator to facilitate alternative pathway appointments under section 59A, at the end of the 3230 hiring cycle as defined by such agreement, any appointment to a municipal public safety position 3231 that resulted in the non-selection of another candidate entitled to a preference under section 26 3232 and such other candidate would have been appointed but for the limitation of the special 3233 certification requiring foreign language fluency, the appointment shall be deemed by the local 3234 appointing authority to be pursuant to sections 59A and 59D if said restriction on the basis of 3235 foreign language fluency yielded an appointment of a candidate not entitled to any statutory 3236 preference. 3237 SECTION 125. Section 24 of said chapter 31, as so appearing, is hereby amended by 3238 inserting after the word “questions”, in lines 3 to 4, the following words:- or training and 3239 experience sheet. 3240 SECTION 126. Said section 24 of said chapter 31, as so appearing, is hereby further 3241 amended by striking out, in line 14, the words “, within thirty days,” and inserting in place 3242 thereof the following words:- shall forthwith. 3243 SECTION 127. Section 25 of said chapter 31, as so appearing, is hereby amended by 3244 striking out, in line 21, the words “last examination taken” and inserting in place thereof the 3245 following words:- highest examination score achieved. 3246 SECTION 128. Said section 25 of said chapter 31, as so appearing, is hereby further 3247 amended by striking out, in line 51, the words “shall nullify an appointment of such person” and 3248 inserting in place thereof the following words:- may, in the administrator’s discretion, nullify an 3249 appointment of such person; provided, however, that the name of a person who has been certified 3250 to an appointing authority for an entry-level position and who is under consideration for CORRECTED 149 of 319 3251 appointment shall remain in effect until the hiring process is completed by the appointing 3252 authority and any notice of appointment submitted to the administrator. 3253 SECTION 129. Section 27 of said chapter 31, as so appearing, is hereby amended by 3254 inserting after the word “accept”, in line 3, the following words:- a promotional. 3255 SECTION 130. Said section 27 of said chapter 31, as so appearing, is hereby further 3256 amended by striking out, in line 5, the word “If” and inserting in place there of the following 3257 words:- In the case of either an original or promotional vacancy, if. 3258 SECTION 131. The first paragraph of said section 27 of said chapter 31, as so appearing, 3259 is hereby further amended by adding the following sentence:- If the administrator or an 3260 appointing authority delegated by the administrator, applying the formula for original 3261 appointments set out in the rules of the administrator, certifies from an eligible list the names of 3262 persons who are qualified and willing to accept an original appointment, the appointing 3263 authority, pursuant to the civil service law and rules, may appoint only from among such 3264 persons; provided, however, that for each such person, if any, who is bypassed or rejected as not 3265 being in compliance with applicable entrance requirements or who withdraws from the 3266 application process, the appointing authority may appoint from among a group that includes the 3267 next highest-ranked person on the certification; and provided further, that the administrator or an 3268 appointing authority delegated by the administrator shall not include the name of any person who 3269 has been so bypassed or rejected on any future certification from the same original appointment 3270 eligible list unless directed to do so by the commission. CORRECTED 150 of 319 3271 SECTION 132. Said section 27 of said chapter 31, as so appearing, is hereby further 3272 amended by striking out the second paragraph and inserting in place thereof the following 3273 paragraph:- 3274 If an appointing authority makes an original or promotional appointment from a 3275 certification of any qualified person other than the qualified person whose name appears highest, 3276 and the person whose name ranks highest on the certification is willing to accept such 3277 appointment, the appointing authority shall immediately provide to the person who ranked 3278 highest a written statement of the reasons for appointing the person whose name was not highest 3279 and such appointment shall be effective only when such statement of reasons has been provided. 3280 This written statement shall notify the bypassed individual of their right to appeal to the 3281 commission, should the reasons proffered not be deemed by the individual sound and sufficient, 3282 within 60 days of issuance of the statement of reasons. In response to a public records request, 3283 the appointing authority shall make a copy of such statement available for inspection. 3284 SECTION 133. Section 33 of said chapter 31, as so appearing, is hereby amended by 3285 striking out, in lines 5 to 6, the word “department” and inserting in place thereof the following 3286 word:- departmental. 3287 SECTION 134. Section 41A of said chapter 31, as so appearing, is hereby amended by 3288 striking out, in line 4, the word “chairman” and inserting in place thereof the following word:- 3289 chair. 3290 SECTION 135. The first paragraph of section 42 of said chapter 31, as so appearing, is 3291 hereby further amended by striking out the third sentence and inserting in place thereof the 3292 following sentence:- If the commission finds that the appointing authority has failed to follow CORRECTED 151 of 319 3293 said requirements and that the rights of said person have been prejudiced thereby, the 3294 commission may order the appointing authority to restore said person to employment 3295 immediately with or without loss of compensation or other rights. 3296 SECTION 136. The first paragraph of section 43 of said chapter 31, as so appearing, is 3297 hereby amended by striking out the first 2 sentences and inserting in place thereof the following 3298 2 sentences:- If a person aggrieved by a decision of an appointing authority made pursuant to 3299 section 41 shall, within 10 days after receiving written notice of such decision, appeal in writing 3300 to the commission, they shall be given a preliminary hearing before a member of the commission 3301 or some other disinterested person designated by the chair of the commission. The preliminary 3302 hearing shall occur within 60 days after docketing the appeal and, if required, a full evidentiary 3303 hearing shall commence within 180 days after docketing the appeal, unless the parties otherwise 3304 agree or a member of the commission determines, as a matter of discretion, that a continuance is 3305 necessary. 3306 SECTION 137. The second paragraph of said section 43 of said chapter 31, as so 3307 appearing, is hereby amended by striking out the first sentence and inserting in place thereof the 3308 following sentence:- If the commission determines, by a preponderance of the evidence, that 3309 there was just cause for an action taken against such person, it shall affirm the action of the 3310 appointing authority and deny the appeal; provided, however, that if the commission does not so 3311 determine, it shall reverse the action and allow the appeal, in whole or in part, and the person 3312 concerned may be returned to their position with or without loss of compensation or other 3313 benefits and subject to such other orders as the commission may deem appropriate to restore and 3314 protect the rights provided to such person under this chapter; provided, further, that if the 3315 preponderance of the evidence establishes that the action was based upon harmful error in the CORRECTED 152 of 319 3316 application of the appointing authority’s procedure, an error of law or upon any factor or conduct 3317 on the part of the employee not reasonably related to the fitness of the employee to perform in 3318 the position, the commission shall allow the appeal, in whole or in part, and the person 3319 concerned may be returned to their position with or without loss of compensation or other 3320 benefits. 3321 SECTION 138. Section 45 of said chapter 31, as so appearing, is hereby amended by 3322 striking out the first paragraph and inserting in place thereof the following paragraph:- 3323 An aggrieved individual who has prevailed in any appeal brought under this chapter shall 3324 be reimbursed by the local appointing authority or, if aggrieved by action or inaction of a state 3325 official, by the comptroller of the commonwealth, the following expenditures: (i) the filing fee 3326 paid to the commission; (ii) an amount not to exceed $1,500 for attorneys’ fees actually incurred 3327 in conjunction with each of the following: (A) an appointing authority hearing; (B) a hearing 3328 before the commission; and (C) an action for judicial review pursuant to section 44; and (iii) an 3329 amount not to exceed $500 for summons to witnesses and any other expenses actually incurred 3330 in such successful appeal. In addition to the amounts stated above, the commission may award 3331 such additional reasonable attorneys’ fees and costs up to $25,000 to an appellant who prevails in 3332 an appeal brought under this chapter, upon an express finding of either bad faith on the part of 3333 the appointing authority or an egregious or willfully repeated violation of this chapter, unless 3334 special circumstances would render such additional award unjust. 3335 SECTION 139. Section 47A of said chapter 31, as so appearing, is hereby amended by 3336 striking out, in line 50, the word “handicapped” and inserting in place thereof the following 3337 word:- disabled. CORRECTED 153 of 319 3338 SECTION 140. Section 48 of said chapter 31 is hereby amended by striking out, in line 3339 38, as so appearing, the word “selectmen” and inserting in place thereof the following words:- 3340 select boards. 3341 SECTION 141. Said section 48 of said chapter 31 is hereby further amended by striking 3342 out, in line 74, as so appearing, the word “men” and inserting in place thereof the following 3343 word:- persons. 3344 SECTION 142. Section 53 of said chapter 31, as so appearing, is hereby amended by 3345 striking out, in line 17, the words “board of selectmen” and inserting in place thereof the 3346 following words:- select board. 3347 SECTION 143. Section 58 of said chapter 31, as so appearing, is hereby amended by 3348 striking out the third paragraph and inserting in place thereof the following 3 paragraphs:- 3349 No applicant for examination for original appointment to the police force or fire force of 3350 a city or town shall be required, by rule or otherwise, to be a resident of such city or town at the 3351 time of filing an application for examination. If any person who has resided in a city or town for 3352 1 year immediately prior to the date of examination for original appointment to the police force 3353 or fire force of the city or town has the same standing on the eligible list established as the result 3354 of the examination as another person who has not resided in the city or town, the administrator, 3355 when certifying names to the appointing authority for the police force or the fire force of the city 3356 or town, shall place the name of the person who has so resided ahead of the name of the person 3357 who has not so resided; provided, that upon written request of the appointing authority to the 3358 administrator, the administrator shall, when certifying names from the eligible list for original 3359 appointment to the police force or fire force of a city or town, place the names of all persons who CORRECTED 154 of 319 3360 have resided in the city or town for 1 year immediately prior to the date of examination ahead of 3361 the name of any person who has not so resided; provided further, that any applicant who earned a 3362 high school diploma from a public school located within the geographical confines of the city or 3363 town or so resided in the city or town when they received their public high school diploma shall 3364 have the same claim to preferential placement on the certification as those persons who have 3365 resided in the city or town for 1 year immediately prior to the date of examination. 3366 In the case of a municipality, with a population of less than 75,000 inhabitants, seeking to 3367 draw from a regional pool of candidates, the administrator may, upon written request of the 3368 hiring authority, when certifying names from the eligible list for original appointment, place the 3369 names of all persons who have resided in another municipality within 10 miles of the perimeter 3370 of the requisitioning municipality ahead of the name of any person who has not so resided in or 3371 adjacent to the requisitioning municipality. In the case of a municipality with a population of 3372 more than 75,000 inhabitants, a public safety department appointing authority from that city and 3373 its counterpart from any other municipality may jointly petition the administrator to include on 3374 the portion of the eligible list of individuals seeking original appointment that are preferred on 3375 the basis of residency the names of candidates residing in those specifically-identified 3376 municipalities if the city appointing authority is so authorized to petition for expansion of the 3377 residency preference by a vote of the legislative body of the hiring municipality. Whenever the 3378 residency preference to be applied to eligible lists extends beyond the perimeter of the 3379 requisitioning municipality, the administrator shall specify the contours of the preference-eligible 3380 geographical zone on the administrator’s website. Thereafter, upon written request of the 3381 appointing authority to the administrator, the administrator shall, when certifying names from an 3382 eligible list for original appointment to the police or fire force of the municipality, place the CORRECTED 155 of 319 3383 names of all persons who satisfy the published criteria for residency preference ahead of the 3384 name of any person who does not satisfy the criteria. 3385 Notwithstanding any general or special law to the contrary, any person who receives an 3386 appointment to the police force or fire force of a city or town shall within 9 months after 3387 appointment establish residence within such city or town or at any other place in the 3388 commonwealth that is within 10 miles of the perimeter of such city or town; provided, however, 3389 that a city or town may increase the 10-mile residency limit under a collective bargaining 3390 agreement negotiated under chapter 150E. 3391 SECTION 144. Section 59 of said chapter 31, as so appearing, is hereby amended by 3392 striking out, in lines 6 and 7, the words “section sixty and by sections thirty-six and thirty-six A 3393 of chapter forty-eight” and inserting in place thereof the following words:- sections 59A and 60 3394 and by sections 36 and 36A of chapter 48. 3395 SECTION 145. Said section 59 of said chapter 31, as so appearing, is hereby further 3396 amended by striking out, in lines 12 and 14, the word “four”, both times it appears, and inserting 3397 in place thereof, in each instance, the following figure:- 2. 3398 SECTION 146. Said section 59 of said chapter 31, as so appearing, is hereby further 3399 amended by striking out, in line 18, the words “one year after certification” and inserting in place 3400 thereof the following words:- 1 year after appointment and performance of the job duties. 3401 SECTION 147. Said chapter 31 is hereby further amended by inserting after section 59 3402 the following 4 sections:- CORRECTED 156 of 319 3403 Section 59A. (a) Notwithstanding any general or special law to the contrary, the 3404 administrator may authorize an appointing authority to create its own registers of entry-level 3405 municipal police and firefighter candidates after the appointing authority has entered into a 3406 written agreement with the administrator to adhere in the hiring process to basic merit principles 3407 and to commit to recruiting and considering candidates of diverse backgrounds, and upon 3408 submission of an anti-nepotism, anti-patronage and anti-favoritism policy acceptable to the 3409 administrator. 3410 (b) An appointing authority that has entered into a written agreement with the 3411 administrator pursuant to subsection (a) may designate candidates to appear on a local public 3412 safety register from which candidates may be considered for original appointment to permanent 3413 police officer or firefighter. Sections 26 and 27 shall not apply to candidates designated by the 3414 appointing authority to be considered from the local public safety register. 3415 (c) A candidate may be appointed as a permanent police officer from a local public safety 3416 register without having first passed the entry examination required by section 6 if they meet the 3417 minimum educational attainment and age requirements for appointment set forth in the second 3418 paragraph of section 58 and the health and physical fitness standards set forth in section 61A, 3419 and also satisfy 1 of the following conditions: (i) future successful completion of a prescribed 3420 course of study at a police academy approved by the municipal police training committee 3421 pursuant to section 96B of chapter 41; (ii) receipt of a passing mark, within the past 5 years, on: 3422 (A) a civil service examination for police officer administered by the administrator; (B) a 3423 qualifying examination administered by the appointing authority that has been validated by a 3424 test-development expert and that tests the knowledge, skills and abilities to perform the primary 3425 or dominant duties of the position; or (C) any other examination approved by the administrator in CORRECTED 157 of 319 3426 consultation with individuals deemed to be subject matter experts in the policing profession; (iii) 3427 current service in the commonwealth as a salaried police officer certified by the peace officer 3428 standards and training commission; (iv) graduation within the past 5 years from a police 3429 academy approved by the municipal police training committee; or (v) receipt of a waiver from 3430 the municipal police training committee excusing the named candidate from further academy 3431 training. 3432 (d) No individual appointed as a police officer may perform the duties of a sworn police 3433 officer prior to completion of the prescribed course of study approved by the municipal police 3434 training committee pursuant to section 96B of chapter 41 or receipt of a waiver of such training 3435 requirement from the committee. 3436 (e) A candidate may be appointed from a local public safety register as a permanent 3437 firefighter without having first passed the entry examination required by section 6 if they meet 3438 the minimum educational attainment and age requirements for appointment set forth in the 3439 second paragraph of section 58 and the health and physical fitness standards set forth in section 3440 61A and satisfy 1 of the following conditions: (i) prior or proximately anticipated graduation 3441 from a fire academy, or anticipated completion within the next 12 months of another prescribed 3442 course of study culminating in certification, approved by the Massachusetts fire training council 3443 pursuant to section 165 of chapter 6; (ii) receipt of a passing mark, within the past 5 years, on: 3444 (A) a civil service examination for firefighter administered by the administrator; (B) a qualifying 3445 examination administered by the appointing authority that has been validated by a test- 3446 development expert and that tests the knowledge, skills and abilities to perform the primary or 3447 dominant duties of the position; or (C) any other examination approved by the administrator in 3448 consultation with individuals deemed to be subject matter experts in the firefighting profession; CORRECTED 158 of 319 3449 or (iii) current service, for a minimum of 6 months, in the commonwealth as a salaried 3450 firefighter; or (iv) past service as a salaried firefighter in another jurisdiction together with 3451 certification acceptable to the Massachusetts fire training council. 3452 (f) In all cases, whether involving either police or fire position candidacies under this 3453 section, no appointment shall be deemed effective for civil service purposes until notification of 3454 the appointment to the administrator in a manner prescribed by the administrator. Nothing in this 3455 section regarding the appointment of candidates from a local public safety register shall be 3456 construed to apply to any municipal public safety personnel ranked above the entry-level 3457 position of police officer or firefighter. 3458 (g) Upon investigation and substantiation by the commission of allegations that an 3459 appointing authority has violated material terms of the written agreement entered into with the 3460 administrator, the commission, in consultation with the administrator, may order modifications, 3461 suspension or termination of the agreement. 3462 Section 59B. (a) Notwithstanding any general or special law to the contrary, the 3463 administrator may authorize an appointing authority to establish an entry-level police cadet 3464 program leading to civil service tenure. The cadet program shall be established by the appointing 3465 authority, in accordance with basic merit principles and section 21A of chapter 147, except that a 3466 person appointed as a police cadet shall not be required to reside in the municipality making the 3467 appointment and may be of any age once the person’s eighteenth birthday has transpired. Cadet 3468 program requirements shall be approved by both the administrator and an authorized designee of 3469 the municipal police training committee established in section 116 of chapter 6. A cadet shall not 3470 be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction CORRECTED 159 of 319 3471 be made from their compensation for the purpose thereof, but a cadet who satisfies all 3472 prerequisites for appointment to the police force of a city or town, and is appointed as a 3473 permanent full-time police officer, shall have their police cadet service considered as creditable 3474 service for purposes of retirement; provided, that the person pays into the annuity savings fund of 3475 the retirement system such amount as the retirement board determines equal to that which they 3476 would have paid had they been a member of the retirement system during the period of training 3477 as a police cadet. 3478 (b) A cadet may be appointed to fill a vacancy in a position in the lowest grade of a 3479 municipal police force through a cadet appointment without certification from an eligible list. In 3480 order to maintain cadet-appointment status, the cadet shall pass a qualifying exam and be a 3481 member in good standing in the appointing authority-sponsored cadet program for a time period 3482 specified by the administrator but not less than 12 months. Upon successful completion of the 3483 cadet program and contingent upon graduation from a police academy approved by the 3484 municipal police training committee, the appointing authority may effectuate a civil service 3485 appointment of the cadet to the permanent police force through notification to the administrator. 3486 The appointee shall then serve the probationary period specified in section 61 before gaining 3487 tenure status. The appointing authority shall report in writing to the administrator any such 3488 permanent original appointment. 3489 Section 59C. (a) Notwithstanding any general or special law to the contrary, any person 3490 who has completed not less than 24 months of service as a fire cadet may, subject to a program 3491 established by the head of the fire department as defined in section 1 of chapter 148, on behalf of 3492 a municipality accepting this chapter, which program has been approved by both the 3493 administrator and the Massachusetts fire training council established in section 164 of chapter 6, CORRECTED 160 of 319 3494 be appointed to fill a vacancy in a position in the lowest grade in the civil service fire force of the 3495 city or town without certification from an eligible list prepared under this chapter; provided, 3496 however, that such person shall be on a fire entrance eligible list prepared under this chapter or 3497 shall have passed another qualifying examination approved by the administrator. 3498 (b) Any change in working conditions for incumbent firefighters directly precipitated by 3499 the employment of fire cadets shall trigger the bargaining obligations set forth in section 6 of 3500 chapter 150E. A cadet shall not be subject to or entitled to the benefits of any retirement or 3501 pension law nor shall any deduction be made from their compensation for the purpose thereof; 3502 provided, however, that a cadet who satisfies all prerequisites for appointment to the firefighting 3503 force of a city or town, and is appointed as a permanent full-time firefighter, shall have their fire 3504 cadet service considered as creditable service for purposes of retirement; provided further, that 3505 the cadet pays into the annuity savings fund of the retirement system such amount as the 3506 retirement board determines equal to that which they would have paid had they been a member 3507 of the retirement system during the period of training as a fire cadet. 3508 Section 59D. The percentage of candidates appointed to a permanent position from a 3509 local public safety service register or a cadet program, pursuant to sections 59A to 59C, 3510 inclusive, shall not exceed, in the aggregate, more than 50 per cent of the appointing authority’s 3511 overall appointments to the entry-level police and firefighter ranks during the time period 3512 established by the written agreement between the administrator and the appointing authority that 3513 authorizes the alternative appointment methodologies permitted by this chapter. 3514 SECTION 148. Sections 59A, 59C and 59D of chapter 31 of the General Laws, as 3515 inserted by section 147, are hereby repealed. CORRECTED 161 of 319 3516 SECTION 149. Section 60A of said chapter 31, as appearing in the 2022 Official Edition, 3517 is hereby amended by striking out, in line 4, the word “selectmen” and inserting in place thereof 3518 the following words:- select board. 3519 SECTION 150. Section 61 of said chapter 31, as so appearing, is hereby amended by 3520 adding the following sentence:- Unless otherwise provided by civil service rule, and with 3521 appropriate adjustments to the timing of performance evaluations called for therein, the second 3522 paragraph of section 34 shall apply to persons covered by this section. 3523 SECTION 151. Section 63 of said chapter 31, as so appearing, is hereby amended by 3524 striking out, in line 25, the word “handicapping” and inserting in place thereof the following 3525 word:- disabling. 3526 SECTION 152. Section 65 of said chapter 31, as so appearing, is hereby amended by 3527 striking out, in lines 8 and 10, the word “four”, both times it appears, and inserting in place 3528 thereof, in each instance, the following figure:- 2. 3529 SECTION 153. Said section 65 of said chapter 31, as so appearing, is hereby further 3530 amended by adding the following paragraph:- 3531 Unless otherwise provided by civil service rule, and with appropriate adjustments to the 3532 timing of performance evaluations called for therein, the second paragraph of section 34 shall 3533 apply to persons covered by this section. 3534 SECTION 154. Section 67 of said chapter 31, as so appearing, is hereby amended by 3535 striking out, in lines 6 and 7, the words “and the seniority of such employee as determined 3536 pursuant to section thirty-three” and inserting in place thereof the following words:- , the CORRECTED 162 of 319 3537 seniority of such employee as determined pursuant to section 33 and available demographic data, 3538 in aggregate form, regarding the complement of civil service employees in each department. 3539 SECTION 155. Said section 67 of said chapter 31, as so appearing, is hereby further 3540 amended by inserting after the word “the”, in line 21, the following words:- commission or the. 3541 SECTION 156. Said section 67 of said chapter 31, as so appearing, is hereby further 3542 amended by striking out, in lines 23 and 24, the words “one hundred dollars” and inserting in 3543 place thereof the following figure:- $500. 3544 SECTION 157. The second paragraph of section 72 of said chapter 31, as so appearing, is 3545 hereby amended by striking out the third sentence and inserting in place thereof the following 3546 sentence:- After conducting an inquiry pursuant to this paragraph, the commission or 3547 administrator may recommend to or order the appointing authority that such employee be 3548 removed or may make other appropriate recommendations or orders. 3549 SECTION 158. Said section 72 of said chapter 31, as so appearing, is hereby further 3550 amended by inserting after the word “witnesses”, in line 18, the following words:- , demand to 3551 inspect documents. 3552 SECTION 159. Section 73 of said chapter 31, as so appearing, is hereby amended by 3553 inserting after the word “of”, in line 1, the following words:- the commission or. 3554 SECTION 160. Section 74 of said chapter 31, as so appearing, is hereby amended by 3555 striking out the third and fourth paragraphs and inserting in place thereof the following 2 3556 paragraphs:- CORRECTED 163 of 319 3557 No person making an appointment to any civil service position shall receive or consider a 3558 recommendation of an applicant for such appointment given by any member of the general court, 3559 board of alders or city council, except as to the character or residence of the applicant. 3560 Any person who has been elected to public office by popular vote or by the board of 3561 alders or city council of a city or the select board of a town shall not be eligible to be designated 3562 as a representative of civil service. 3563 SECTION 161. Said chapter 31 is hereby further amended by striking out section 75, as 3564 so appearing, and inserting in place thereof the following section:- 3565 Section 75. No person shall deny or interfere with the right of civil service employees 3566 employed by any city or town to petition, individually or collectively, the city or town 3567 government or any member thereof, to furnish information to the mayor, city or town manager, 3568 city council, board of alders or select board or appear before any committee of such council or 3569 boards, or deny or interfere with the right of any civil service employees to petition, individually 3570 or collectively, the general court or any member thereof, to furnish information to either branch 3571 of the general court or appear before any of its committees or to furnish information to, or 3572 cooperate with, law enforcement authorities. This section shall not be construed to authorize an 3573 employee who is not on leave to be absent from employment without permission during regular 3574 working hours. 3575 SECTION 162. Section 77 of said chapter 31, as so appearing, is hereby amended by 3576 inserting after the word “The”, in line 1, the following words:- commission or the. 3577 SECTION 163. Said chapter 31 is hereby further amended by adding the following 3578 section:- CORRECTED 164 of 319 3579 Section 78. (a) There shall be a permanent commission on recruitment, hiring and 3580 retention of municipal police officers and firefighters in the commonwealth to consist of 1 3581 member appointed by the speaker of the house of representatives, who shall serve as co-chair, 1 3582 member appointed by the president of the senate, who shall serve as co-chair and 1 member 3583 appointed by the governor, who shall serve as co-chair; and consisting of the following members 3584 or their designees: the chairs of the joint committee on public service and the chairs of the joint 3585 committee on public safety and homeland security, who may serve as vice chairs; the secretary 3586 of administration and finance; the chief human resources officer for the commonwealth; the chair 3587 of the civil service commission; the attorney general; the secretary of public safety and security; 3588 the chair of the Massachusetts peace officer standards and training commission; the executive 3589 director of the municipal police training committee; the president of the Massachusetts Chiefs of 3590 Police Association, Inc.; the president of the Massachusetts major city chiefs of police; the chair 3591 of the Massachusetts Law Enforcement Policy Group, Inc.; a representative of police officers 3592 selected by the co-chairs from candidates recommended from a major federation of police officer 3593 unions in the commonwealth; a member of a correctional officers’ union; the president of 3594 Massachusetts Association of Minority Law Enforcement Officers, Inc.; the president of 3595 Massachusetts Association of Women in Law Enforcement, Inc.; the chair of the Massachusetts 3596 fire training council; the state fire marshal; the president of Fire Chiefs’ Association of 3597 Massachusetts, Inc.; the president of the Professional Fire Fighters Association of Massachusetts; 3598 the secretary of veterans affairs; the president of the Massachusetts veteran service agents; the 3599 commander of the disabled veterans of Massachusetts; the executive director of Massachusetts 3600 Municipal Association, Inc.; the president of the Massachusetts Mayors Association, Inc.; the 3601 chair of the Massachusetts Municipal Human Resources Association; the executive director of CORRECTED 165 of 319 3602 the American Civil Liberties Union of Massachusetts, Inc.; the president of the Boston chapter of 3603 the New England area conference of the National Association for Advancement of Colored 3604 People; and the chair of the Massachusetts commission against discrimination. 3605 (b) The co-chairs may appoint a steering committee and subcommittees to carry out the 3606 mandate of the commission. Members of the commission shall be subject to chapter 268A as it 3607 applies to special state employees and shall receive no compensation for their services. 3608 (c) The commission shall be a resource to the commonwealth and municipalities on 3609 issues related to the recruitment, hiring and retention of highly qualified candidates of diverse 3610 backgrounds for municipal police officer and firefighter positions. In support of this objective, 3611 the commission may: (i) obtain, interpret and apply current research and evaluation data, 3612 including information reported pursuant to section 67, to program initiatives and policy 3613 development and identify and advocate for solutions to address gaps in strategies for 3614 employment of highly qualified and diverse municipal public safety personnel; and (ii) 3615 recommend measures to increase, where appropriate, representation within municipal public 3616 safety departments of historically under-represented populations, including, but not limited to, 3617 females and persons of color, and monitor the compliance by municipal public safety 3618 departments with any commitments they may have entered into to diversify their workforces. 3619 (d) The commission may examine and evaluate the implementation of all reforms related 3620 to the recruitment, hiring and retention of municipal police officers and firefighters in the 3621 commonwealth made by the special legislative commission to study and examine the civil 3622 service law, personnel administration rules, hiring procedures and by-laws for municipalities not 3623 subject to the civil service law and state police hiring practices, established in section 107 of CORRECTED 166 of 319 3624 chapter 253 of the acts of 2020, by: (i) studying, reviewing and reporting on the hiring outcomes 3625 of: (A) any civil service appointments facilitated by sections 59A to 59C, inclusive; (B) reforms 3626 made to civil service residency preference provisions of section 58; and (C) any other civil 3627 service reforms implemented, including, but not limited to, the increased frequency of civil 3628 service examinations and the lowering of examination fees; and (ii) making recommendations: 3629 (A) to ensure that adopted reforms are being implemented consistent with the intent of the 3630 special legislative commission; and (B) for further legislation in furtherance of the commission’s 3631 mandate. 3632 (e) The commission may examine and evaluate all aspects of the recruitment, hiring and 3633 retention of municipal police officers and firefighters in all municipalities in the commonwealth 3634 and make pertinent recommendations to agencies and officers of the commonwealth and local 3635 subdivisions of government not governed by this chapter that advance basic merit principles in 3636 the recruitment, hiring and retention of highly qualified police officers and firefighters of diverse 3637 backgrounds across the commonwealth. 3638 (f) The commission may obtain from all state agencies and municipalities such 3639 information and assistance as the commission may require. 3640 (g) Not later than July 1 of each year, the commission shall submit an annual report on its 3641 activities and findings, including any recommendations, to the governor, the clerks of the house 3642 of representatives and the senate, the joint committee on public service and the joint committee 3643 on public safety and homeland security. 3644 SECTION 164. Section 59 of chapter 40 of the General Laws, as appearing in the 2022 3645 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “and pursuant to CORRECTED 167 of 319 3646 regulations issued by the economic assistance coordinating council established under section 3B 3647 of chapter 23A,”. 3648 SECTION 165. Said section 59 of said chapter 40, as so appearing, is hereby further 3649 amended by striking out clause (i) and inserting in place thereof the following clause:- (i) 3650 includes a description of the parcels to be included in the agreement;. 3651 SECTION 166. Said section 59 of said chapter 40, as so appearing, is hereby further 3652 amended by striking out, in line 30, the words “within such TIF area”. 3653 SECTION 167. Said section 59 of said chapter 40, as so appearing, is hereby further 3654 amended by striking out, in lines 32 and 33, the words “as required by said regulations”. 3655 SECTION 168. Said section 59 of said chapter 40, as so appearing, is hereby further 3656 amended by striking out clause (vii). 3657 SECTION 169. Said section 59 of said chapter 40, as so appearing, is hereby further 3658 amended by striking out, in line 90, the figure “(viii)” and inserting in place thereof the following 3659 figure:- (vii). 3660 SECTION 170. Said section 59 of said chapter 40, as so appearing, is hereby further 3661 amended by striking out, in lines 91 and 92, the words “and the economic assistance 3662 coordinating council”. 3663 SECTION 171. Section 6 of chapter 40A of the General Laws is hereby amended by 3664 striking out the second paragraph, as so appearing, and inserting in place thereof the following 3665 paragraph:- CORRECTED 168 of 319 3666 A zoning ordinance or by-law shall provide that construction or operations under a 3667 building permit shall conform to any subsequent amendment of the ordinance or by-law unless 3668 the use or construction is commenced within a period of not more than 12 months after the 3669 issuance of the permit and, in cases involving construction, unless such construction is continued 3670 through to completion as continuously and expeditiously as is reasonable. Construction or 3671 operations under a special permit issued pursuant to section 9 or site plan approval pursuant to 3672 the local ordinance or by-law shall conform to any subsequent amendment of the zoning 3673 ordinance or by-law or of any other local land use regulations unless the use or construction is 3674 commenced within a period of 3 years after the issuance of the special permit or site plan 3675 approval and, in cases involving construction, unless such construction is continued through to 3676 completion as continuously and expeditiously as is reasonable. For the purpose of the prior 3677 sentence, construction involving the redevelopment of previously disturbed land shall be deemed 3678 to have commenced upon substantial investment in site preparation or infrastructure 3679 construction, and construction of developments intended to proceed in phases shall proceed 3680 expeditiously, but not continuously, among phases. 3681 SECTION 172. Section 4G of chapter 40J of the General Laws, as so appearing, is 3682 hereby amended by inserting after the word “granted”, in line 21, the following words:- ; 3683 provided, however, that the University of Massachusetts may leverage funding sourced from an 3684 agency to meet the match requirement. 3685 SECTION 173. Subsection (c) of section 6B of said chapter 40J, as most recently 3686 amended by section 179 of chapter 7 of the acts of 2023, is hereby further amended by striking 3687 out the last sentence. CORRECTED 169 of 319 3688 SECTION 174. Chapter 40W of the General Laws is hereby repealed. 3689 SECTION 175. Section 2 of chapter 43D of the General Laws, as appearing in the 2022 3690 Official Edition, is hereby amended by striking out the definition of “Interagency permitting 3691 board”. 3692 SECTION 176. Said section 2 of said chapter 43D, as so appearing, is hereby further 3693 amended by striking out the definition of “Priority development site” and inserting in place 3694 thereof the following 2 definitions:- 3695 “Permit regulatory office”, the permit regulator office in the executive office of economic 3696 development established in section 3H of chapter 23A. 3697 “Priority development site”, a privately or publicly owned property that is: (i) eligible 3698 under applicable zoning provisions, including special permits or other discretionary permits, for 3699 the development or redevelopment of a building of not less than 50,000 square feet of gross floor 3700 area in new or existing buildings or structures; and (ii) designated as a priority development site 3701 by the permit regulatory office; provided, however, that several parcels or projects may be 3702 included within a single priority development site. 3703 SECTION 177. Said chapter 43D is hereby further amended by striking out section 3, as 3704 so appearing, and inserting in place thereof the following section:- 3705 Section 3. (a) A governing body seeking designation of a priority development site shall 3706 file a formal proposal with the permit regulatory office. If the proposal includes an intention to 3707 develop housing within the priority development site, the governing body shall provide a copy of 3708 the proposal to the secretary of housing and livable communities. The proposal shall include: (i) CORRECTED 170 of 319 3709 a detailed description of the property; (ii) a good faith commitment to comply with this chapter; 3710 (iii) a description of the uses that could be developed within the priority development site; and 3711 (iv) such other information as the secretary shall, after consultation with the secretary of energy 3712 and environmental affairs, the secretary of housing and livable communities and the secretary of 3713 transportation, require by regulation or guidelines . 3714 (b) The secretary shall by regulation or guidelines establish the criteria for designating 3715 priority development sites. These criteria shall include a preference for areas that include at least 3716 1 of the following: (i) underutilized buildings or facilities; (ii) adequate utilities for the types of 3717 development anticipated to occur; (iii) convenient access to a public transit station; or (iv) areas 3718 in which electric grid capacity can satisfy new all electric building. Priority development sites 3719 shall not include areas containing highly sensitive natural resources or areas in which 3720 development would be at significant risk from rising sea levels or other flood risk caused or 3721 exacerbated by climate change. 3722 SECTION 178. Section 11 of said chapter 43D, as so appearing, is hereby amended by 3723 striking out subsection (a) and inserting in place thereof the following subsection:- 3724 (a) Permits shall not transfer automatically to successors in title except as provided in a 3725 local ordinance or by-law or in an applicable state law or regulation. 3726 SECTION 179. Said chapter 43D is hereby further amended by striking out section 12, as 3727 so appearing, and inserting in place thereof the following section:- 3728 Section 12. A municipality containing a priority development site shall receive priority 3729 consideration for: (i) grant programs administered by the executive office of economic 3730 development; (ii) state resources for business development including, but not limited to, quasi- CORRECTED 171 of 319 3731 public financing and training programs; (iii) brownfields remediation assistance administered by 3732 the Massachusetts Development Finance Agency; and (iv) technical assistance provided by the 3733 regional planning council. Such state financial or technical assistance shall be used to facilitate 3734 development within the priority development site. Priority consideration for such grants and 3735 other financial assistance shall apply only to a municipality that is in compliance with the multi- 3736 family zoning requirements under section 3A of chapter 40A, if applicable. 3737 SECTION 180. Section 13 of said chapter 43D is hereby repealed. 3738 SECTION 181. Section 1 of chapter 55 of the General Laws, as appearing in the 2022 3739 Official Edition, is hereby amended by inserting after the definition of “Candidate’s committee” 3740 the following definition:- 3741 “Childcare services”, care services provided to a candidate’s child or dependent child 3742 including, but not limited to, baby-sitting services by an individual or a nonprofit or for-profit 3743 organization that provides such services and any other costs directly related to such services that 3744 occur as a result of campaign activities; provided, however, that expenses related to childcare 3745 services shall not include payments to a family member, as defined in section 1 of chapter 50, of 3746 a child, unless the family member owns, operates or is employed by a professional daycare or 3747 babysitting service or a nonprofit or for-profit organization that provides childcare services and 3748 the cost of the service is not greater than such family member would otherwise charge. 3749 SECTION 182. Section 6 of said chapter 55, as so appearing, is hereby amended by 3750 inserting after the word “to”, in line 64, the following words:- the provision of childcare 3751 services,. CORRECTED 172 of 319 3752 SECTION 183. Chapter 61A of the General Laws is hereby amended by striking out 3753 section 2, as so appearing, and inserting in place thereof the following section:- 3754 Section 2. Land shall be considered to be in horticultural use when primarily and directly 3755 used in: (i) raising fruits, vegetables, berries, nuts and other foods for human consumption, feed 3756 for animals, tobacco, flower, sod, trees, nursery or greenhouse products and ornamental plants 3757 and shrubs for the purpose of selling such products or a product derived from such plants in the 3758 regular course of business; (ii) raising forest products under a certified forest management plan, 3759 approved by and subject to procedures established by the state forester, designed to improve the 3760 quantity and quality of a continuous crop for the purpose of selling these products in the regular 3761 course of business; or (iii) a related manner which is incidental to those uses and represents a 3762 customary and necessary use in raising such products and preparing them for market or the 3763 products derived therefrom for market. 3764 SECTION 184. Section 6 of chapter 62 of the General Laws is hereby amended by 3765 striking out, in line 149, as so appearing, the words ““EDIP contract” and “proposed project”” 3766 and inserting in place thereof the following words:- “EDIP contract”, “proportion of 3767 compliance”, “proposed project” and “refundable credit”. 3768 SECTION 185. Said section 6 of said chapter 62 is hereby further amended by striking 3769 out, in lines 154 to 157, inclusive, as so appearing, the words “, up to an amount equal to 50 per 3770 cent of the liability in a taxable year; provided, however, that the 50 per cent limitation shall not 3771 apply where the credit is refundable under paragraph (6)”. 3772 SECTION 186. Said section 6 of said chapter 62 is hereby further amended by striking 3773 out, in lines 159 to 163, inclusive, as so appearing, the words “; provided further, that a credit CORRECTED 173 of 319 3774 awarded in connection with a certified project that will retain permanent full-time employees in a 3775 gateway municipality without creating a net increase in permanent full-time employees shall not 3776 exceed $5,000 per retained employee”. 3777 SECTION 187. Paragraph (3) of subsection (g) of said section 6 of said chapter 62, as 3778 most recently amended by section 215 of chapter 7 of the acts of 2023, is hereby further 3779 amended by striking out the last sentence and inserting in place thereof the following 2 3780 sentences:- The EACC shall provide the commissioner with the documentation that the 3781 commissioner deems necessary to confirm compliance with the annual cap and the commissioner 3782 shall provide a report confirming compliance to the secretary of administration and finance and 3783 the secretary of economic development. Notwithstanding section 21 of chapter 62C, the 3784 department of revenue shall provide the EACC with documentation confirming tax credits 3785 claimed under this subsection by the owner or lessee of a certified project. 3786 SECTION 188. Paragraph (8) of said subsection (g) of said section 6 of said chapter 62, 3787 as appearing in the 2022 Official Edition, is hereby amended by striking out the last sentence and 3788 inserting in place thereof the following sentence:- The amount of credits subject to recapture 3789 shall be equal to the taxpayer’s proportion of compliance, as determined by the EACC as part of 3790 its revocation process and reported to the taxpayer and the department of revenue at the time that 3791 certification is revoked. 3792 SECTION 189. Said section 6 of said chapter 62, as so appearing, is hereby further 3793 amended by striking out, in line 949, the figure “$30,000,000” and inserting in place thereof the 3794 following figure:- $40,000,000. CORRECTED 174 of 319 3795 SECTION 190. Said section 6 of said chapter 62, as most recently amended by section 12 3796 of chapter 206 of the acts of 2024, is hereby further amended by striking out subsection (t). 3797 SECTION 191. Said section 6 of said chapter 62 is hereby further amended by striking 3798 out, in line 1422, as appearing in the 2022 Official Edition, the figure “50” and inserting in place 3799 thereof the following figure:- 10. 3800 SECTION 192. Said section 6 of said chapter 62 is hereby further amended by striking 3801 out, in line 1468, as so appearing, the word “its” and inserting in place thereof the following 3802 words:- the owner’s. 3803 SECTION 193. Said section 6 of said chapter 62 is hereby further amended by striking 3804 out, in line 1488, as so appearing, the words “owner’s capital investment in” and inserting in 3805 place thereof the following words:- total leasable square footage of. 3806 SECTION 194. Said section 6 of said chapter 62, as most recently amended by section 12 3807 of chapter 206 of the acts 2024, is hereby further amended by adding the following 4 3808 subsections:- 3809 (ff)(1) As used in this subsection, the following words shall, unless the context clearly 3810 requires otherwise, have the following meanings: 3811 “Advertising and public relations expenditure”, a cost incurred within the commonwealth 3812 by an eligible theater production for goods or services related to the marketing, public relations, 3813 creation and placement of print, electronic, television, billboards or other forms of advertising to 3814 promote the eligible theater production. CORRECTED 175 of 319 3815 “Eligible theater production”, a live stage musical, dance or theatrical production or tour 3816 being presented in a qualified production facility that is either: (i) a pre-Broadway production; 3817 (ii) a pre-off Broadway production; (iii) a national tour launch; or (iv) a regional professional 3818 theater production. 3819 “Eligible theater production certificate”, a certificate issued by the office, in consultation 3820 with the commissioner, certifying that a production is an eligible theater production that meets 3821 the rules or regulations of the office and has been awarded a tax credit in a specified amount, 3822 pursuant to section 3M of chapter 23A.  3823 “National tour launch”, a live stage production that, in its original or adaptive version, is 3824 performed in a qualified production facility and opens its national tour in the commonwealth. 3825 “Office”, the Massachusetts office of business development established in section 1 3826 of chapter 23A or any constituent office thereof. 3827 “Payroll”, all salaries, wages, fees and other compensation from sources within the 3828 commonwealth, including, but not limited to, taxes, benefits and any other consideration incurred 3829 or paid to talent and non-talent employees of the applicant for services rendered within the 3830 commonwealth to and on behalf of an eligible theater production; provided, that the payroll  3831 expenditure shall be incurred or paid by the applicant for services related to any portion of an  3832 eligible theater production from its pre-production stages, including, but not limited to: (i) the  3833 writing of the script; (ii) casting; (iii) hiring of service providers; (iv) purchases from 3834 vendors; (v) marketing; (vi) advertising; (vii) public relations; (viii) load in; (ix) rehearsals; (x)  3835 performances; (xi) other eligible theater production related activities; and (xii) load out; and  3836 provided further, that the payroll expenditure shall be directly attributable to the eligible theater CORRECTED 176 of 319 3837 production and shall be limited to the first $100,000 of wages incurred or paid to each 3838 employee of an eligible theater production in each tax year.  3839 “Pre-Broadway production”, a live stage production that, in its original or adaptive  3840 version, is performed in a qualified production facility having a presentation scheduled for 3841 the city of New York’s Broadway theater district within 24 months after its presentation in 3842 the commonwealth. 3843 “Pre-off-Broadway production”, a live stage production that, in its original or 3844 adaptive version, is performed in a qualified production facility having a presentation scheduled 3845 for the city of New York’s off-Broadway theater district within 24 months after its presentation 3846 in the commonwealth.  3847 “Production and performance expenditures”, a contemporaneous exchange of cash or  3848 cash equivalent for goods or services related to development, production, performance or  3849 operating expenditures incurred in the commonwealth for a qualified theater production,  3850 including, but not limited to, expenditures for design, construction and operation, including sets,  3851 special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with 3852 sound, lighting, staging, advertising and public relations expenditures, facility expenses, rentals,  3853 per diems, accommodations and other related costs. 3854 “Qualified production facility”, a facility located in the commonwealth in which live 3855 theater productions are, or are intended to be, exclusively presented that contains at least 1 stage, 3856 a seating capacity of not less than 175 seats, dressing rooms, storage areas and other ancillary 3857 amenities necessary for the eligible theater production. CORRECTED 177 of 319 3858 “Regional professional theater production”, a live stage production that is performed in a 3859 qualified production facility with a professional cast and crew. 3860 “Transportation expenditures”, expenses incurred in the commonwealth for the 3861 packaging, crating and transportation both to the commonwealth for use in a qualified theater 3862 production of  sets, costumes or other tangible property constructed or manufactured outside the 3863 commonwealth, or from the commonwealth after use in a qualified theater production of sets, 3864 costumes or other tangible property constructed or manufactured in the commonwealth and the 3865 transportation of the cast and crew to and from the commonwealth; provided, that “transportation 3866 expenditures” shall include any portion performed in the commonwealth of the packaging, 3867 crating and transporting of property and equipment used for special and visual effects, sound, 3868 lighting and staging, costumes, wardrobes, make-up and related accessories and materials and 3869 any other performance or production-related property and equipment.  3870 (2) Any taxpayer that has been awarded an eligible theater production certificate and has 3871 completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall be 3872 allowed a tax credit against taxes imposed by this chapter. The credit shall not exceed 3873 $7,000,000 and shall be equal to: (i) 35 per cent of the total in-state payroll costs; (ii) 25 per cent 3874 of the production and performance expenditures; and (iii) 25 per cent of transportation 3875 expenditures. Additionally, the credit shall not exceed the amount of credit specified in the 3876 eligible theater production certificate. 3877 (3) The tax credit shall be allowed against the tax for the taxable period in which the  3878 credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year 3879 may be carried forward for not more than 5 succeeding tax years. CORRECTED 178 of 319 3880 (4) If a taxpayer has not claimed the tax credits, in whole or part, a taxpayer eligible for  3881 the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or  3882 otherwise to any individual or entity, and such assignee of the tax credits that have not 3883 claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in 3884 whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits 3885 may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed 3886 pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the 3887 assignee for not more than 5 succeeding tax years from the date an eligible theater production 3888 certificate is first issued by the office. The assignor shall perfect the transfer by notifying the 3889 commissioner, in writing, within 30 calendar days following the effective date of the transfer and 3890 shall provide any information as may be required by the commissioner to administer and carry 3891 out this subsection.  3892 (5) The commissioner shall promulgate such rules and regulations necessary for the 3893 administration of this subsection. 3894 (gg)(1) As used in this subsection, the following words shall have the following meanings 3895 unless the context clearly requires otherwise:- 3896 “Capital investment”, expenses incurred for the site preparation and construction, repair, 3897 renovation, improvement or equipping of a building, structure or facility or other improvements 3898 to real property including, but not limited to, site-related utility and transportation infrastructure 3899 improvements.   3900 “Center”, the Massachusetts clean energy technology center established in section 2 of 3901 chapter 23J.   CORRECTED 179 of 319 3902 “Certified climatetech company”, as defined in section 1 of chapter 23J. 3903 “Climatetech facility”, any building, complex of buildings or structural components of 3904 buildings, including access infrastructure and machinery and equipment used in the research, 3905 manufacturing, assembly, development, provision or administration of goods or services in the 3906 climatetech sector. 3907 “Owner”, a taxpayer subject to tax under this chapter that: (i) holds title to a climatetech 3908 facility; or (ii) ground leases the land underlying a climatetech facility for not less than 50 years. 3909 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a climatetech 3910 facility. 3911 (2) An owner or tenant, to the extent authorized by the climatetech tax incentive program 3912 established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed 3913 by this chapter in an amount, as determined by the center, of not more than 50 per cent of the 3914 owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded 3915 pursuant to this subsection shall be distributed in equal parts over the 5 taxable years that 3916 correspond with the period in which the owner or tenant is certified pursuant to said section 16 of 3917 said chapter 23J. 3918 (3) An owner shall be eligible for a tax credit authorized under this subsection if the 3919 owner demonstrates to the center that the: (i) owner is a certified climatetech company; (ii) 3920 owner's total capital investment in the climatetech facility is not less than $5,000,000; and (iii) 3921 climatetech facility will employ not less than 50 new full-time employees by the fifth year of the 3922 owner's certification period under section 16 of chapter 23J. Upon verification, the center shall 3923 provide this information to the department of revenue for the purpose of administering the credit. CORRECTED 180 of 319 3924 (4) A tenant shall be eligible for a tax credit authorized under this subsection if the tenant 3925 demonstrates to the center that the: (i) tenant is a certified climatetech company; (ii) owner has 3926 made a total capital investment in the facility that is not less than $5,000,000; (iii) tenant 3927 occupies a leased area of the climatetech facility that represents not less than 25 per cent of the 3928 total leasable square footage of the facility; and (iv) tenant will employ not less 13 full-time 3929 employees by the fifth year of the tenant's certification period under section 16 of chapter 23J. 3930 Upon verification, the center shall provide this information to the department of revenue for the 3931 purpose of administering the credit. The amount of tax credits awarded under this subsection to a 3932 tenant for a taxable year shall not exceed the tenant's total lease payments for occupancy of the 3933 climatetech facility for the taxable year. 3934 (5) The department of revenue shall issue the refundable portion of the credit without 3935 further appropriation and in accordance with the cumulative amount, including the current year 3936 costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set 3937 forth in subsection (d) of section 16 of chapter 23J. 3938 (6) The credit under this subsection shall be attributed on a pro rata basis to the owners, 3939 partners or members of the legal entity entitled to the credit under this subsection and shall be 3940 allowed as a credit against the tax due under this chapter from such owners, partners or members 3941 in a manner determined by the commissioner. 3942 (7) The department of revenue shall promulgate such rules and regulations as necessary 3943 to administer the credit established in this subsection.  3944 (hh)(1) A taxpayer, to the extent authorized by the climatetech tax incentive program 3945 established in section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax CORRECTED 181 of 319 3946 liability imposed under this chapter in an amount determined by the Massachusetts clean energy 3947 technology center established in section 2 of said chapter 23J, in consultation with the 3948 department of revenue. 3949 (2) A taxpayer taking a credit under this subsection shall commit to the creation of not 3950 less than 5 net new permanent full-time employees in the commonwealth. 3951 (3) A credit allowed under this subsection shall reduce the liability of the taxpayer under 3952 this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds 3953 the taxpayer’s liability as otherwise determined under this chapter for the taxable year, 90 per 3954 cent of such excess credit, to the extent authorized by the climatetech tax incentive program, 3955 shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other 3956 taxable years. 3957 (4) The department of revenue shall issue the refundable portion of the jobs credit 3958 without further appropriation and in accordance with the cumulative amount, including the 3959 current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 3960 annually as set forth in subsection (d) of section 16 of chapter 23J. 3961 (5) The credit under this subsection shall be attributed on a pro rata basis to the owners, 3962 partners or members of the legal entity entitled to the credit under this subsection and shall be 3963 allowed as a credit against the tax due under this chapter from such owners, partners or members 3964 in a manner determined by the commissioner. 3965 (ii)(1) An employer engaged in business in the commonwealth, which is not a business 3966 corporation subject to the excise under chapter 63, may be allowed a credit in each taxable year 3967 against the tax liability imposed by this chapter equal to $5,000 or 50 per cent of the wages paid CORRECTED 182 of 319 3968 to each net-new qualified intern employed in the taxable year, whichever is less. If a credit 3969 allowed pursuant to this subsection exceeds the tax otherwise due under this chapter, 100 per 3970 cent of the balance of such credit may, at the option of the taxpayer, be refunded to the taxpayer. 3971 (2) For an employer to be eligible for a credit under this subsection: (i) the intern shall be 3972 enrolled in or a recent graduate of a public or private institution of higher education located in 3973 the commonwealth; (ii) the intern shall have been employed as a qualified intern by the employer 3974 for not less than 12 weeks in the taxable year for which the credit is claimed; and (iii) the 3975 employer shall demonstrate that the total number of interns employed in the taxable year exceeds 3976 the average number of interns employed by the taxpayer per year over the previous 3 years. An 3977 intern shall not be qualified if the intern participating in another internship or apprenticeship 3978 program for which an employer has claimed a credit in the taxable year under this subsection or 3979 chapter 63. 3980 (3) The total cumulative value of the credits authorized pursuant to this subsection and 3981 section 38UU of chapter 63 shall not exceed $10,000,000 annually. An employer shall not claim 3982 more than $100,000 in credits under this subsection for any taxable year. A credit allowed under 3983 this subsection shall not be transferable. 3984 (4) The credit under this subsection shall be attributed on a pro rata basis to the owners, 3985 partners or members of the legal entity entitled to the credit under this subsection and shall be 3986 allowed as a credit against the tax due under this chapter of such owners, partners or members, in 3987 a manner determined by the commissioner. 3988 (5) The executive office of economic development, in consultation with the 3989 commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to CORRECTED 183 of 319 3990 this subsection and section 38UU of chapter 63 and shall allocate the credit in accordance with 3991 the standards and requirements set forth in regulations promulgated pursuant to this subsection. 3992 The secretary of economic development, in consultation with the commissioner, shall 3993 promulgate regulations establishing an application process for the credit. 3994 (6) The secretary of economic development shall annually file a report with the house and 3995 senate committees on ways and means, the joint committee on economic development and 3996 emerging technologies and the joint committee on labor and workforce development identifying 3997 the following: (i) total amount of tax credits claimed pursuant to this subsection and section 3998 38UU of chapter 63; (ii) the number of participating interns; and (iii) the number of participating 3999 employers. In the fourth submission of said annual report, the secretary of economic 4000 development shall provide an assessment of the effectiveness of the credit offered under this 4001 subsection and section 38UU of chapter 63 in achieving the goal of retaining graduating talent in 4002 the commonwealth. Notwithstanding section 21 of chapter 62C, the department of revenue may 4003 provide to the secretary of economic development de-identified, statistical tax return information 4004 related to the tax filings of former participating interns for the 5 tax years beginning after the 4005 conclusion of the internship to evaluate whether former interns are employed and domiciled in 4006 the commonwealth after the internship; provided, that such information shall be shared in a 4007 manner that prevents the identification of particular tax returns. 4008 SECTION 195. Subsection (a) of section 31M of chapter 63 of the General Laws, as 4009 appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Life 4010 sciences” and inserting in place thereof the following definition:- CORRECTED 184 of 319 4011 “Life sciences”, advanced and applied sciences that expand the understanding of human 4012 physiology and have the potential to lead to medical advances or therapeutic applications, 4013 including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical 4014 engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial 4015 intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, 4016 marine biology, marine technology, medical technology, medical devices, nanotechnology, 4017 natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA 4018 interference, stem cell research and veterinary science. 4019 SECTION 196. Section 38M of said chapter 63, as so appearing, is hereby amended by 4020 striking out, in lines 120 and 121, the words “and (ii) equipment for the federal National 4021 Aeronautics and Space Administration”, and inserting in place thereof the following words:- 4022 (ii) equipment for the federal National Aeronautics and Space Administration; and (iii) 4023 medical countermeasures, including, but not limited to: (A) medicines and medical supplies that 4024 can be used to diagnose, prevent or treat diseases related to chemical, biological, radiological or 4025 nuclear threats; (B) biologic products, vaccines, blood products and antibodies; and (C) 4026 antimicrobial or antiviral drugs, diagnostic tests to identify threat agents and personal protective 4027 equipment. 4028 SECTION 197. Paragraph (1) of subsection (k) of said section 38M of said chapter 63, as 4029 so appearing, is hereby amended by striking out the definition of “Life sciences” and inserting in 4030 place thereof the following 3 definitions:- 4031 “Climatetech”, as defined in section 1 of chapter 23J. 4032 “Climatetech company”, as defined in section 1 of chapter 23J. CORRECTED 185 of 319 4033 “Life sciences”, advanced and applied sciences that expand the understanding of human 4034 physiology and have the potential to lead to medical advances or therapeutic applications, 4035 including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical 4036 engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial 4037 intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, 4038 marine biology, marine technology, medical technology, medical devices, nanotechnology, 4039 natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA 4040 interference, stem cell research and veterinary science. 4041 SECTION 198. Said paragraph (1) of said subsection (k) of said section 38M of said 4042 chapter 63, as so appearing, is hereby further amended by striking out the definition of 4043 “Taxpayer” and inserting in place thereof the following definition:- 4044 “Taxpayer”, a person, certified life sciences company or certified climatetech company 4045 subject to the taxes imposed by this chapter or chapters 62, 64H or 64I. 4046 SECTION 199. Said section 38M of said chapter 63, as so appearing, is hereby further 4047 amended by inserting after the figure “23I”, in line 144, the following words:- or the climatetech 4048 tax incentive program established in subsection (d) of section 16 of chapter 23J. 4049 SECTION 200. Section 38N of said chapter 63, as amended by section 229 of chapter 7 4050 of the acts of 2023, is hereby further amended by striking out subsection (a) and inserting in 4051 place thereof the following subsection:- 4052 (a) As used in this section, “Certified project”, “EDIP contract”, “Proportion of 4053 compliance” and “Refundable credit” shall have the same meanings as ascribed to them in 4054 section 3A of chapter 23A. CORRECTED 186 of 319 4055 SECTION 201. Said section 38N of said chapter 63, as so amended, is hereby further 4056 amended by striking out, in lines 7 to 10, inclusive, the words “, up to an amount equal to 50 per 4057 cent of the liability in a taxable year; provided, however, that the 50 per cent limitation shall not 4058 apply where the credit is refundable under subsection (d)”. 4059 SECTION 202. Said section 38N of said chapter 63, as so amended, is hereby further 4060 amended by striking out, in lines 13 to 17, inclusive, as so appearing, the words “; provided, 4061 however, that a credit awarded in connection with a certified project that will retain permanent 4062 full-time employees in a gateway municipality without creating a net increase in permanent full- 4063 time employees shall not exceed $5,000 per retained employee”. 4064 SECTION 203. Said section 38N of said chapter 63, as so amended, is hereby further 4065 amended by striking out, in line 27, as so appearing, the word “or”, the second time it appears, 4066 and inserting in place thereof the following word:- of. 4067 SECTION 204. Said section 38N of said chapter 63, as so amended, is hereby further 4068 amended by striking out, in line 29, as so appearing, the word “or”, the second time it appears, 4069 and inserting in place thereof the following word:- of. 4070 SECTION 205. The second paragraph of subsection (c) of said section 38N of said 4071 chapter 63, as so amended, is hereby further amended by adding the following sentence:- 4072 Notwithstanding section 21 of chapter 62C, the department of revenue shall provide the EACC 4073 with documentation confirming credits claimed under this section by a corporation subject to tax 4074 under this chapter that is the controlling business of a certified project or an affiliate of a 4075 controlling business. CORRECTED 187 of 319 4076 SECTION 206. Said section 38N of said chapter 63, as so amended, is hereby further 4077 amended by striking out, in line 46, as so appearing, the words “31A or”. 4078 SECTION 207. Subsection (i) of said section 38N of said chapter 63, as appearing in the 4079 2022 Official Edition, is hereby amended by striking out the last sentence and inserting in place 4080 thereof the following sentence:- The amount of credits subject to recapture shall be equal to the 4081 corporation’s proportion of compliance, as determined by the EACC as part of its revocation 4082 process and reported to the corporation and the department of revenue at the time certification is 4083 revoked. 4084 SECTION 208. Subsection (a) of section 38U of said chapter 63, as so appearing, is 4085 hereby amended by striking out the definition of “Life sciences” and inserting in place thereof 4086 the following definition:- 4087 “Life sciences”, advanced and applied sciences that expand the understanding of human 4088 physiology and have the potential to lead to medical advances or therapeutic applications, 4089 including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical 4090 engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial 4091 intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, 4092 marine biology, marine technology, medical technology, medical devices, nanotechnology, 4093 natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA 4094 interference, stem cell research and veterinary science. 4095 SECTION 209. Section 38LL of said chapter 63, as so appearing, is hereby amended by 4096 striking out, in line 9, the figure “50” and inserting in place thereof the following figure:- 10. CORRECTED 188 of 319 4097 SECTION 210. Section 38MM of said chapter 63, as so appearing, is hereby amended by 4098 striking out, in line 28, the word “its” and inserting in place thereof the following words:- the 4099 owner’s. 4100 SECTION 211. Said section 38MM of said chapter 63, as so appearing, is hereby further 4101 amended by striking out, in lines 47 and 48, the words “owner’s capital investment in” and 4102 inserting in place thereof the following words:- total leasable square footage of. 4103 SECTION 212. Said chapter 63 is hereby further amended by inserting after section 4104 38PP, inserted by section 26 of chapter 150 of the acts of 2024, the following 5 sections:-  4105 Section 38QQ. (a) As used in this section, the following words shall, unless the context 4106 clearly requires otherwise, have the following meanings: 4107 “Advertising and public relations expenditure”, a cost incurred within the 4108 commonwealth by an eligible theater production for goods or services related to the marketing, 4109 public relations, creation and placement of print, electronic, television, billboards or other forms 4110 of advertising to promote the eligible theater production.  4111 “Eligible theater production”, a live stage musical, dance or theatrical production or tour 4112 being presented in a qualified production facility that is either: (i) a pre-Broadway production; 4113 (ii) a pre-off-Broadway production; (iii) a national tour launch; or (iv) a regional professional 4114 theater production. 4115 “Eligible theater production certificate”, a certificate issued by the office, in 4116 consultation with the commissioner, certifying that a production is an eligible theater production CORRECTED 189 of 319 4117 that meets the rules or regulations of the office and that it has been awarded a tax credit in a 4118 specified amount, pursuant to section 3M of chapter 23A. 4119 “National tour launch”, a live stage production that, in its original or adaptive version, is 4120 performed in a qualified production facility and opens its national tour in the commonwealth. 4121 “Office”, the Massachusetts office of business development established in section 1 of  4122 chapter 23A, or any constituent office thereof. 4123 “Payroll”, all salaries, wages, fees and other compensation from sources within the  4124 commonwealth, including, but not limited to, taxes, benefits and any other consideration 4125 incurred or paid to talent and non-talent employees of the applicant for services rendered within 4126 the commonwealth to and on behalf of an eligible theater production; provided, that the payroll  4127 expenditure shall be incurred or paid by the applicant for services related to any portion of an  4128 eligible theater production from its pre-production stages, including, but not limited to: (i) the  4129 writing of the script; (ii) casting; (iii) hiring of service providers; (iv) purchases from vendors; 4130 (v) marketing; (vi) advertising; (vii) public relations; (viii) load in; (ix) rehearsals; (x) 4131 performances; (xi) other eligible theater production related activities; and (xii) load out; and 4132 provided further, that the payroll expenditure shall be directly attributable to the eligible theater 4133 production and shall be limited to the first $100,000 of wages incurred or paid to each employee 4134 of an eligible theater production in each tax year.  4135 “Pre-Broadway production”, a live stage production that, in its original or 4136 adaptive version, is performed in a qualified production facility having a presentation scheduled 4137 for the city of New York’s Broadway theater district within 24 months after its presentation in 4138 the  commonwealth. CORRECTED 190 of 319 4139 “Pre-off-Broadway production”, a live stage production that, in its original or 4140 adaptive version, is performed in a qualified production facility having a presentation scheduled 4141 for the  city of New York’s off-Broadway theater district within 24 months after its presentation 4142 in the  commonwealth. 4143 “Production and performance expenditures”, a contemporaneous exchange of cash or  4144 cash equivalent for goods or services related to development, production, performance or  4145 operating expenditures incurred in the commonwealth for a qualified theater production,  4146 including, but not limited to, expenditures for design, construction and operation, including 4147 sets, special and visual effects, costumes, wardrobes, make-up, accessories, costs associated 4148 with sound, lighting, staging, advertising and public relations expenditures, facility expenses, 4149 rentals, per diems, accommodations and other related costs. 4150 “Qualified production facility”, a facility located in the commonwealth in which 4151 live theater productions are, or are intended to be, exclusively presented that contains at least 1 4152 stage, a seating capacity of not less than 175 seats, dressing rooms, storage areas and other 4153 ancillary amenities necessary for the eligible theater production. 4154 “Regional professional theater production”, a live stage production that is performed in a 4155 qualified production facility with a professional cast and crew. 4156 “Transportation expenditures”, expenses incurred in the commonwealth for the 4157 packaging, crating and transportation both to the commonwealth for use in a qualified theater 4158 production of  sets, costumes or other tangible property constructed or manufactured outside the 4159 commonwealth, or from the  commonwealth after use in a qualified theater production of sets, 4160 costumes or other tangible property constructed or manufactured in the commonwealth and the CORRECTED 191 of 319 4161 transportation of the cast and crew to and from the commonwealth; provided, that “transportation 4162 expenditures” shall include any portion performed in the commonwealth of the packaging, 4163 crating and transporting of property and equipment used for special and visual effects, sound, 4164 lighting and staging, costumes, wardrobes, make-up and related accessories and materials and 4165 any other performance or production-related property and equipment. 4166 (b) Any taxpayer that has been awarded an eligible theater production certificate and has 4167 completed a cost accounting pursuant to subsection (c) of section 3M of chapter 23A shall be 4168 allowed a tax credit against taxes imposed by this chapter. The credit shall not exceed 4169 $7,000,000 and shall be equal to: (i) 35 per cent of the total in-state payroll costs; (ii) 25 per cent 4170 of the production and performance expenditures; and (iii) 25 per cent of transportation 4171 expenditures. Additionally, the credit shall not exceed the amount of credit specified in the 4172 eligible theater production certificate. 4173 (c) The tax credit shall be allowed against the tax for the taxable period in which the  4174 credit is issued and any amount of the tax credit that exceeds the tax due for a taxable year 4175 may be carried forward for not more than 5 succeeding tax years. 4176 (d) If a taxpayer has not claimed the tax credits, in whole or part, a taxpayer eligible 4177 for the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or  4178 otherwise to any individual or entity, and such assignee of the tax credits that have not 4179 claimed the tax credits, in whole or in part, may assign, transfer or convey the tax credits, in 4180 whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits 4181 may use acquired credits to offset up to 100 per cent of the tax liabilities otherwise imposed 4182 pursuant to this chapter. The assignee may apply the tax credits against taxes imposed on the CORRECTED 192 of 319 4183 assignee for not more than 5 succeeding tax years from the date an eligible theater production 4184 certificate is first issued by the office. The assignor shall perfect the transfer by notifying the 4185 commissioner, in writing, within 30 calendar days following the effective date of the transfer and 4186 shall provide any information as may be required by the commissioner to administer and carry 4187 out this section.  4188 (e) Credits allowed to corporations that are included in a combined group within 4189 the meaning of section 32B may be shared with other corporations within such group that are 4190 also doing business in the commonwealth, to the extent those corporations are engaged in a 4191 unitary business. 4192 (f) Credits allowed to a company that is an S corporation, as defined in section 1361 of 4193 the Code, partnership or a limited liability company that is taxed as a partnership shall be 4194 passed through respectively to persons designated as partners, members or owners of such 4195 companies on a pro rata basis or pursuant to an executed agreement among such persons 4196 designated as S corporation shareholders, partners or members documenting an alternate 4197 distribution method without regard to their sharing of other tax or economic attributes of such 4198 entity. 4199 (g) The commissioner shall promulgate such rules and regulations necessary for 4200 the administration of this section. 4201 Section 38RR. (a) As used in this section, the following words shall have the following 4202 meanings unless the context clearly requires otherwise: 4203 “Capital investment”, expenses incurred for the site preparation and construction, repair, 4204 renovation, improvement or equipping of a building, structure or facility or other improvements CORRECTED 193 of 319 4205 to real property including, but not limited to, site-related utility and transportation infrastructure 4206 improvements.  4207 “Center”, the Massachusetts clean energy technology center established in section 2 of 4208 chapter 23J.   4209 “Certified climatetech company”, as defined in section 1 of chapter 23J. 4210 “Climatetech facility”, a building, complex of buildings or structural components of 4211 buildings, including access infrastructure, and all machinery and equipment used in the research, 4212 manufacturing, assembly, development, provision or administration of goods or services in the 4213 climatetech sector. 4214 “Owner”, a taxpayer subject to tax under this chapter that: (i) is a corporation that holds 4215 title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for 4216 not less than 50 years. 4217 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a climatetech 4218 facility.   4219 (b) An owner or tenant, to the extent authorized by the climatetech tax incentive program 4220 established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed 4221 by this chapter in an amount, as determined by the center, of not more than 50 per cent of the 4222 owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded 4223 pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond 4224 to the period in which the owner or tenant is certified pursuant to said section 16 of said chapter 4225 23J. CORRECTED 194 of 319 4226 (c) An owner shall be eligible for a tax credit under this section if the owner demonstrates 4227 to the center that the: (i) owner is a certified climatetech company; (ii) owner's total capital 4228 investment in the climatetech facility equals not less than $5,000,000; and (iii) climatetech 4229 facility will employ not less than 50 new full-time employees by the fifth year of the owner's 4230 certification period under section 16 of chapter 23J. Upon verification, the center shall provide 4231 this information to the department of revenue for the purpose of administering the credit. 4232 (d) A tenant shall be eligible for a tax credit under this section if the tenant demonstrates 4233 to the center that the: (i) tenant is a certified climatetech company; (ii) owner’s total capital 4234 investment in the facility equals not less than $5,000,000; (iii) tenant occupies a leased area of 4235 the climatetech facility that represents not less than 25 per cent of the total leasable square 4236 footage of the facility; and (iv) tenant shall employ not less than 13 full-time employees by the 4237 fifth year of the tenant's certification period under section 16 of chapter 23J. Upon verification, 4238 the center shall provide this information to the department of revenue for the purpose of 4239 administering the credit. The amount of tax credits awarded under this section to a tenant for a 4240 taxable year shall not exceed the tenant's total lease payments for occupancy of the climatetech 4241 facility for the taxable year. 4242 (e) The department of revenue shall issue the refundable portion of the credit without 4243 further appropriation and in accordance with the cumulative amount, including the current year 4244 costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set 4245 forth in subsection (d) of section 16 of chapter 23J. 4246 (f) The department of revenue shall promulgate such rules and regulations as necessary to 4247 administer the credit established in this section. CORRECTED 195 of 319 4248 Section 38SS. (a) A taxpayer may, to the extent authorized pursuant to the climatetech 4249 tax incentive program established in section 16 of chapter 23J, be allowed a credit against its 4250 excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the 4251 qualified research expenses for the taxable year, over the base amount, and 15 per cent of the 4252 basic research payments determined pursuant to section 41(e)(1)(A) of the Internal Revenue 4253 Code; provided, that the terms ''qualified research expenses'', ''base amount'', ''qualified 4254 organization base period amount'', ''basic research'' and any other terms affecting the calculation 4255 of the credit shall have the same meanings as defined in said section 41 of said Code unless the 4256 context requires otherwise. 4257 In determining the amount of the credit allowable under this section, the commissioner of 4258 revenue may aggregate the activities of all corporations that are members of a controlled group 4259 of corporations, as defined by 41(f)(1)(A) of the Internal Revenue Code, and may aggregate the 4260 activities of all entities, whether or not incorporated, that are under common control as defined in 4261 section 41(f)(1)(B) of said Code.  4262 (b) For a qualified climatetech company, research and development costs, within the 4263 meaning of section 41 of said Code, shall include those qualified research expenditures that are 4264 performed both inside and outside the commonwealth.  4265 (c) For purposes of section 30, the deduction from gross income that may be taken with 4266 respect to any expenditures qualifying for a credit under said section 41 of the Internal Revenue 4267 Code shall be based upon its cost less the credit allowable under this section; provided, however, 4268 that section 280C(c) of said Code shall not apply.  CORRECTED 196 of 319 4269 (d) The credit allowed hereunder for any taxable year shall not reduce the excise to less 4270 than the amount due under subsection (b) of section 39, section 67 or any other general or special 4271 law. 4272 (e) The credit allowed under this section shall be limited to 100 per cent of a 4273 corporation's first $25,000 of excise, as determined before the allowance of any credits, plus 75 4274 per cent of the corporation's excise, as so determined in excess of $25,000. The commissioner of 4275 revenue shall promulgate regulations similar to those authorized under section 38(c)(2)(B) of the 4276 Internal Revenue Code for the purposes of apportioning the $25,000 amount among members of 4277 a controlled group. Nothing in this section shall alter section 32C as it affects other credits under 4278 this chapter.  4279 (f) If a corporation files a combined return of income under section 32B, a credit 4280 generated by an individual member corporation under this section shall first be applied against 4281 the excise attributable to that company under section 39, subject to the limitations of subsections 4282 (d) and (e). A member corporation with an excess research and development credit may apply its 4283 excess credit against the excise of another group member if such other member corporation may 4284 use additional credits under the limitations of said subsections (d) and (e). Unused and unexpired 4285 credits generated by a member corporation shall be carried over from year to year by the 4286 individual corporation that generated the credit and shall not be refundable. Nothing in this 4287 section shall alter subsection (h) of section 31A. 4288 (g) A corporation entitled to a credit under this section for a taxable year may carry over 4289 and apply to its excise for any of the next succeeding 15 taxable years that portion, as reduced 4290 from year to year, of its credit which exceeds its excise for the taxable year. A corporation may CORRECTED 197 of 319 4291 carry over and apply to its excise for any subsequent taxable year that portion, as reduced from 4292 year to year, of those credits which were not allowed under subsection (f).  4293 (h) The commissioner of revenue shall promulgate regulations necessary to carry out this 4294 section.  4295 Section 38TT. (a) A taxpayer, to the extent authorized by the climatetech tax incentive 4296 program established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable 4297 jobs credit against the tax liability imposed under this chapter in an amount determined by the 4298 Massachusetts clean energy technology center established in section 2 of said chapter 23J, in 4299 consultation with the department of revenue. 4300 (b) A taxpayer taking a credit under this section shall commit to the creation of not less 4301 than 5 net new permanent full-time employees in the commonwealth. 4302 (c) A credit allowed under this section shall reduce the liability of the taxpayer under this 4303 chapter for the taxable year. If a credit claimed under this section by a taxpayer exceeds the 4304 taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per cent of 4305 such excess credit, to the extent authorized by the climatetech tax incentive program, shall be 4306 refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable 4307 years. 4308 (d) The department of revenue shall issue the refundable portion of the jobs credit 4309 without further appropriation and in accordance with the cumulative amount, including the 4310 current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 4311 annually as set forth in subsection (d) of section 16 of chapter 23J. CORRECTED 198 of 319 4312 Section 38UU. (a) A business corporation engaged in business in the commonwealth may 4313 be allowed a credit each taxable year against the liability imposed by this chapter in an amount 4314 equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the 4315 taxable year, whichever is less. If a credit allowed pursuant to this section exceeds the tax 4316 otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of 4317 the taxpayer, be refunded to the taxpayer. 4318 (b) For an employer to be eligible for a credit under this section: (i) the intern shall be 4319 enrolled in or a recent graduate of a public or private institution of higher education located in 4320 the commonwealth; (ii) the intern shall have been employed as a qualified intern by the employer 4321 for not less than 12 weeks in the taxable year for which the credit is claimed; and (iii) the 4322 employer shall demonstrate that the total number of interns employed in the taxable year exceeds 4323 the average number of interns employed by the taxpayer per year over the previous 3 years. An 4324 intern shall not be qualified if the intern is participating in another internship or apprenticeship 4325 program for which an employer has claimed a credit in the taxable year under this chapter or 4326 subsection (ii) of section 6 of chapter 62. 4327 (c) The total cumulative value of the credits authorized pursuant to this section and 4328 subsection (ii) of section 6 of chapter 62 shall not exceed $10,000,000 annually. An employer 4329 shall not claim more than $100,000 in credits under this section for any taxable year. A credit 4330 allowed under this section shall not be transferable. 4331 (d) The executive office of economic development, in consultation with the 4332 commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to 4333 this section and subsection (ii) of section 6 chapter 62 and shall allocate the credit in accordance CORRECTED 199 of 319 4334 with the standards and requirements set forth in regulations promulgated pursuant to this section. 4335 The secretary of economic development, in consultation with the commissioner, shall 4336 promulgate regulations establishing an application process for the credit. 4337 (e) The secretary of economic development shall annually file a report with the house and 4338 senate committees on ways and means, the joint committee on economic development and 4339 emerging technologies and the joint committee on labor and workforce development identifying 4340 the following: (i) total amount of tax credits claimed pursuant to this section and subsection (ii) 4341 of section 6 of chapter 62; (ii) the number of participating interns; and (iii) the number of 4342 participating employers. In the fourth submission of said annual report, the secretary of 4343 economic development shall provide an assessment of the effectiveness of the credit offered 4344 under this section and subsection (ii) of section 6 of chapter 62 in achieving the goal of retaining 4345 graduating talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the 4346 department of revenue may provide to the secretary of economic development de-identified, 4347 statistical tax return information related to the tax filings of former participating interns for the 5 4348 tax years beginning after the conclusion of the internship to evaluate whether former interns are 4349 employed and domiciled in the commonwealth after the internship; provided, that such 4350 information shall be shared in a manner that prevents the identification of particular tax returns. 4351 SECTION 213. Section 42B of said chapter 63, as appearing in the 2022 Official Edition, 4352 is hereby amended by striking out, in lines 50 and 51, the words “, a certified life sciences” and 4353 inserting in place thereof the following words:- or the climatetech tax incentive program 4354 established in section 16 of chapter 23J, a certified. CORRECTED 200 of 319 4355 SECTION 214. Section 6 of chapter 64H of the General Laws, as amended by section 29 4356 of chapter 178 of the acts of 2024, is hereby further amended by adding the following 2 4357 paragraphs:- 4358 (yy)(1) Sales of tangible personal property purchased for a certified climatetech 4359 company, to the extent authorized pursuant to the climatetech tax incentive program established 4360 in section 16 of chapter 23J for use in connection with the construction, alteration, remodeling, 4361 repair or remediation of research, development or manufacturing or other commercial facilities 4362 used for the provisions of goods or services in the climatetech sector and utility support systems. 4363 (2) As used in this paragraph, the following words shall have the following meanings, 4364 unless the context clearly requires otherwise: 4365 “Climatetech”, as defined in section 1 of chapter 23J. 4366 “Climatetech company”, as defined in section 1 of chapter 23J. 4367 “Utility support systems”, all areas of utility support systems including, but not limited 4368 to, site, civil, mechanical, electrical and plumbing systems. 4369 (zz)(1) Sales of: (A) eligible data center equipment for use in a qualified data center; (B) 4370 computer software for use in a qualified data center; (C) electricity for use or consumption in the 4371 operation of a qualified data center; or (D) construction costs incurred for the construction, 4372 renovation or refurbishment of a qualified data center. 4373 (2) If the secretary revokes the certification of a qualified data center the commissioner 4374 shall, as of the effective date of the revocation, disallow any credits, exemptions or other tax 4375 benefits allowed by the original certification of tax benefits under this paragraph. CORRECTED 201 of 319 4376 (3) If the qualified data center is sold to a new owner prior to the expiration of the 4377 exemption, tax benefits under this paragraph shall remain in effect and apply to a subsequent 4378 owner for the remaining duration of the 20-year qualification period. 4379 (4) As used in this paragraph, the following words shall, unless the context clearly 4380 otherwise requires, have the following meanings: 4381 “Colocation tenant”, a person, partnership, company, corporation or other entity that 4382 contracts with or leases from the owner or operator of a qualified data center to use or occupy all 4383 or part of a qualified data center. 4384 “Computer software”, software purchased, leased, utilized or loaded at a qualified data 4385 center, including, but not limited to, maintenance, licensing and software customization. 4386 “Construction costs”, costs of materials, labor, services and equipment purchased or 4387 leased to construct a qualified data center facility, including, but not limited to, the cost of data 4388 center building, accessory building, building improvement, land development, site improvement, 4389 site utility infrastructure, building materials, steel, concrete, gravel, engineering services, heavy 4390 equipment, cranes, transportation equipment, excavation, storm water system and management, 4391 access roads, bridges, fencing, lighting, landscaping and other costs to construct the facility. 4392 “Eligible data center equipment”, computers and equipment supporting computing, 4393 networking, data processing or data storage, including, but not limited to: (i) servers and routers, 4394 computer servers and routers, connections, chassis, networking equipment, switches, racks, fiber 4395 optic and copper cables, trays, conduits and other enabling machinery, equipment and hardware; 4396 (ii) component parts, replacement parts and upgrades; (iii) cooling systems, cooling towers, 4397 chillers, mechanical equipment, HVAC equipment, refrigerant piping, fuel piping and storage, CORRECTED 202 of 319 4398 adiabatic and free cooling systems, water softeners, air handling units, indoor direct exchange 4399 units, fans, ducting, filters and other temperature control infrastructure; (iv) power infrastructure 4400 for transformation, generation, distribution or management of electricity used for the operations 4401 and maintenance of a qualified data center, including, but not limited to, substations, 4402 switchyards, transformers, generators, uninterruptible power supplies, backup power generation 4403 systems, battery systems, energy efficiency measures, supplies, fuel piping and storage, duct 4404 banks, switches, switchboards, testing equipment and related utility infrastructure; (v) 4405 monitoring and security equipment; (vi) water conservation systems, including, but not limited 4406 to, equipment designed to collect, conserve and reuse water; (vii) modular data center equipment 4407 and preassembled components of any item described in this paragraph, including, but not limited 4408 to, components used in the manufacturing of modular data centers; and (viii) any other personal 4409 property or equipment that is used or consumed in the operation and maintenance of the qualified 4410 data center. 4411 “Qualification period”, a 20-year period of time beginning on the effective date of the 4412 certification by the secretary of the qualified data center for the first data center building, and 4413 expiring at the end of the twentieth full calendar year following the calendar year in which the 4414 certification became effective; provided, that if the qualified data center is comprised of more 4415 than 1 data center building, the qualification period for each subsequent data center building that 4416 is constructed at the qualified data center facility shall start when each data center building 4417 begins commercial operations, as evidenced by receipt of a certificate of occupancy, and shall 4418 continue for a period of 20 full calendar years, expiring at the end of the twentieth full calendar 4419 year following the calendar year each respective data center building began commercial 4420 operations. CORRECTED 203 of 319 4421 “Qualified data center”, a facility in the commonwealth that: 4422 (A) is owned or leased by: (i) the operator of the data center facility; or (ii) a person, 4423 partnership, company, corporation or other entity under common ownership of the operator of 4424 the data center facility; 4425 (B) is comprised of 1 or more data center buildings that consist in the aggregate of not 4426 less than 100,000 square feet and that are located on a single parcel, or on contiguous parcels, 4427 where the total eligible qualified data center costs of the data center facility are at least 4428 $50,000,000 within a 10-year period from the effective date of the certification by the secretary 4429 as a qualified data center facility; 4430 (C) is constructed or substantially refurbished; 4431 (D) maintains a minimum of 100 jobs in the commonwealth; and 4432 (E) is used to house computer information technology equipment, networking, data 4433 processing or data storage, including, but not limited to, servers and routers for the storage, 4434 management and dissemination of data and information where the facility has the following 4435 characteristics: (i) uninterruptible power supplies, generator backup power, or both; (ii) 4436 sophisticated fire suppression and prevention systems; and (iii) enhanced security; provided, that 4437 a qualified data center shall be considered to have enhanced security if it has restricted access to 4438 the facility to selected personnel, permanent security guards, video camera surveillance, an 4439 electronic system requiring pass codes, keycards or biometric scans or similar security features. 4440 “Qualified data center costs”, expenditures made for the construction, refurbishment, 4441 renovation or improvement of a facility to be used as a qualified data center, including, but not CORRECTED 204 of 319 4442 limited to, the cost of land, land development, site improvement, site utility infrastructure, 4443 construction, data center building, accessory building, building improvement and eligible data 4444 center equipment. 4445 “Secretary”, the secretary of economic development. 4446 “Substantially refurbished”, a rebuild, modification or construction of not less than 4447 100,000 square feet of an existing facility that is a qualified data center where the total eligible 4448 qualified data center costs are not less than $50,000,000 within a 10-year period from the 4449 effective date of the certification by the secretary as a qualified data center facility, including, but 4450 not limited to: (i) installation of computer information technology equipment, networking, data 4451 processing or data storage, including servers and routers, environmental control, computer 4452 software and energy efficiency improvements; and (ii) building improvements. 4453 (3) The commissioner shall promulgate regulations necessary for the administration of 4454 this paragraph. 4455 SECTION 215. Section 1A of chapter 69 of the General Laws, as so appearing, is hereby 4456 amended by adding the following paragraph:- 4457 The commissioner shall require each district to: (i) notify students, prior to graduating 4458 from high school, of the availability of the free application for federal student aid, known as the 4459 FAFSA; (ii) provide students with information on federal and state financial aid options for post- 4460 secondary education; and (iii) provide students with instructions for completing state and federal 4461 financial aid applications. The commissioner shall provide guidance to districts related to the 4462 implementation of this paragraph regarding the distribution of information concerning the CORRECTED 205 of 319 4463 FAFSA and information to parents and guardians related to all options for financial assistance 4464 for high school students contemplating a post-secondary education. 4465 SECTION 216. Said chapter 69 is hereby further amended by adding the following 4466 section:- 4467 Section 39. (a) Notwithstanding any general or special law to the contrary, the 4468 department shall set measurable educator diversity goals for the commonwealth and shall collect 4469 and publicly report statewide educator diversity data in an online report. The data shall include, 4470 but not be limited to: (i) the hiring and retention of diverse educators; (ii) racial and ethnic 4471 demographics of educators who complete Massachusetts state educator preparation programs; 4472 (iii) teacher qualification data; and (iv) the racial and ethnic demographics of all persons 4473 applying for and completing educator certification in the commonwealth. Annually, not later 4474 than June 30, the department shall report on state educator diversity data and goals to the board 4475 of elementary and secondary education and the clerks of the senate and house of representatives 4476 and the joint committee on education. 4477 (b) Each public school district and charter school shall collect and report to the 4478 department educator diversity data in a manner prescribed by the department; provided, that the 4479 department shall utilize existing reporting mechanisms and schedules to collect educator 4480 diversity data and outcomes. 4481 SECTION 217. Section 38G of chapter 71 of the General Laws, as appearing in the 2022 4482 Official Edition, is hereby amended by inserting after the twenty-fourth paragraph the following 4483 paragraph:- CORRECTED 206 of 319 4484 In addition to the requirements of this section, the department shall incentivize all 4485 educators and administrators to be trained in strategies related to evidence-based culturally 4486 responsive and linguistically sustaining pedagogy and practices. The department may consider 4487 incentives including, but not limited to, certification fee waivers, resources curated and published 4488 by the department, professional development opportunities, grants and optional training during 4489 the certification and recertification process. 4490 SECTION 218. Said chapter 71 is hereby further amended by inserting after section 4491 38G½ the following section:- 4492 Section 38G¾. (a) To promote a diverse educator workforce, the department shall 4493 establish guidelines for plans to increase diversity among teaching, administration and staff 4494 positions of districts, as defined in section 2 of chapter 70, and charter schools, as defined in 4495 section 89. The guidelines shall be designed to help districts and schools achieve the following 4496 goals: (i) identifying and eliminating discriminatory barriers to hiring educators in a district or 4497 school; (ii) identifying, recruiting and hiring employees who are members of groups 4498 underrepresented in the educator workforce; (iii) developing, promoting and retaining employees 4499 who are members of groups underrepresented in the educator workforce; and (iv) promoting 4500 equal opportunity in employment for educators; provided, however, that in developing such 4501 guidelines, the department shall consult with relevant stakeholders, including experts and school 4502 leaders from public school districts and charter schools that have experienced significant 4503 increases in hiring and retaining diverse educators. 4504 (b) The department shall establish a process for reviewing plans based on clearly defined 4505 criteria; provided, however, that a public school district or charter school shall amend any plan CORRECTED 207 of 319 4506 deemed not to conform with the requirements of this section; and provided further, that a public 4507 school district or charter school shall be deemed to have satisfied the requirements of this section 4508 if it has prioritized diversity in its 3-year plan required by section 1S of chapter 69 or in any 4509 other strategic plan developed by the district, as determined by the department. 4510 (c) The department shall require approved educator preparation programs to implement 4511 plans to examine and address barriers to equity in program enrollment and completion; provided, 4512 however, that the plans shall be required as part of the educator preparation program approval 4513 process and the department shall make each program’s plan publicly available. The department 4514 shall establish guidelines for educator preparation program plans. 4515 (d) The department shall provide technical assistance to public school districts and 4516 charter schools related to their diversity plans. 4517 (e) The board of elementary and secondary education shall review progress on educator 4518 diversity on a regular basis and may provide further recommendations to districts and schools 4519 regarding educator diversity. 4520 SECTION 219. Said chapter 71 is hereby further amended by adding the following 4521 section:- 4522 Section 101. (a) Public school districts and charter schools shall appoint or hire a 4523 diversity, equity and inclusion officer or establish a diversity team. The role and responsibilities 4524 of a diversity officer or team may be assigned to an existing school employee or existing school 4525 entity. A diversity officer or team shall report directly to the superintendent of the school. 4526 Diversity officers or teams shall coordinate their school district’s compliance with the 4527 requirements of this section and applicable federal and state laws. Each school district and CORRECTED 208 of 319 4528 charter school shall post information on its diversity officer or team on a publicly accessible 4529 website. 4530 (b) Public school districts and charter schools shall establish a process for advising the 4531 school committee or board of trustees on matters of diversity, equity and inclusion in the school 4532 district or charter school which may include establishing an educator diversity council consisting 4533 of educators, administrators, parents or caregivers and students and which shall meet regularly 4534 with the superintendent or the diversity officer or teams and the school committee or board of 4535 trustees. For such councils that are established, members shall, to the best ability of a school 4536 district or charter school, represent a diversity of identities including, but not limited to, race, 4537 ethnicity, culture, immigration status, sex, gender, sexual orientation, religion, disability and 4538 socioeconomic level. The school committee or board of trustees may appoint a member of the 4539 committee to serve as an ex-officio member of the educator diversity council. 4540 (c) Pursuant to guidelines established by the Massachusetts commission against 4541 discrimination, in consultation with the department, superintendents, school committee members, 4542 boards of trustees members, district leaders, principals and school district employees shall attend 4543 diversity and implicit bias training every 5 years; provided, however, that training completed 4544 during certification or recertification pursuant to section 38G shall satisfy this requirement for 4545 the year in which the training was completed. 4546 SECTION 220. Section 18 of chapter 74 of the General Laws, as appearing in the 2022 4547 Official Edition, is hereby amended by striking out the first paragraph and inserting in place 4548 thereof the following paragraph:- CORRECTED 209 of 319 4549 The department of elementary and secondary education shall establish basic competency- 4550 based vocational-technical teacher training standards which shall serve as the fundamental, 4551 pedagogical requirements for beginning vocational-technical instructors. The department shall 4552 further require that all persons seeking to meet the department's requirements shall have 4553 successfully passed performance and written tests in areas as determined by the board or shall 4554 have satisfied alternative measures of proficiency established by the board and shall have 4555 successfully completed an approved seminar on teaching skills and methods. 4556 SECTION 221. Section 34A of chapter 90 of the General Laws, as so appearing, is 4557 hereby amended by striking out, in line 102, the words “at least twenty thousand dollars” and 4558 inserting in place thereof the following words:- not less than $25,000. 4559 SECTION 222. Said section 34A of said chapter 90, as so appearing, is hereby further 4560 amended by striking out, in lines 104 and 105, the words “at least forty thousand dollars” and 4561 inserting in place thereof the words:- not less than $50,000. 4562 SECTION 223. Section 34O of said chapter 90, as so appearing, is hereby amended by 4563 striking out, in line 17, the words “five thousand dollars” and inserting in place thereof the 4564 following figure:- $30,000. 4565 SECTION 224. Chapter 111 of the General Laws is hereby amended by striking out 4566 section 27D, as so appearing, and inserting in place thereof the following section:- 4567 Section 27D. (a) As used in this section, the following words shall have the following 4568 meanings unless the context clearly requires otherwise:- CORRECTED 210 of 319 4569 “Board of health”, any body politic or political subdivision of the commonwealth that 4570 acts as a board of health, public health commission or a health department for a municipality, 4571 region or district including, but not limited to, municipal boards of health, regional health 4572 districts established pursuant to section 27B and boards of health that share services pursuant to 4573 section 4A of chapter 40. 4574 “Foundational capabilities”, cross-cutting skills and capacities needed to support basic 4575 public health programs and other protections and activities including, but not limited to: (i) 4576 assessment and surveillance; (ii) emergency preparedness and response; (iii) policy development; 4577 (iv) communications; (v) community partnership development; (vi) organizational administrative 4578 competences; (vii) data-driven interventions; or (viii) accountability and performance 4579 management. 4580 “Foundational public health services”, a nationally recognized framework for a minimum 4581 set of public health service, including, but not limited to, public health programs and 4582 foundational capabilities. 4583 “Public health programs”, programs that include, but shall not be limited to: (i) 4584 communicable disease control; (ii) public health nursing services; (iii) epidemiology; (iv) food 4585 and water protection; (v) chronic disease and injury prevention; (vi) environmental public health; 4586 (vii) maternal, child and family health; or (viii) access to and linkage with clinical care, where 4587 applicable. 4588 (b) The department, in consultation with municipalities and other stakeholders, shall 4589 establish a state action for public health excellence program to: (i) provide uniform access for 4590 every resident to foundational public health services; provided, however, that foundational public CORRECTED 211 of 319 4591 health services shall further equity, including for historically underrepresented communities; (ii) 4592 assist boards of health in adopting practices to improve the efficiency and effectiveness of the 4593 delivery of foundational public health services; (iii) develop a set of standards for foundational 4594 public health services across the commonwealth; and (iv) promote and provide adequate 4595 resources for boards of health that shall include, but shall not be limited to: (A) supporting 4596 boards of health to meet the standards established pursuant to clause (iii) and pursuant to 4597 subsection (c) to improve municipal and regional health systems; (B) increasing cross- 4598 jurisdictional sharing of public health programs to strengthen the service delivery capabilities of 4599 municipal and regional public health systems; (C) improving planning and system accountability 4600 of municipal and regional public health systems, including, but not limited to, statewide data 4601 collection and reporting systems; (D) establishing workforce credentialing standards, including, 4602 but not limited to, education and training standards for municipal and regional public health 4603 officials and staff; and (E) expanding access to professional development, training and technical 4604 assistance for municipal and regional public health officials and staff. 4605 (c) The standards for local foundational public health services developed pursuant to 4606 clause (iii) of subsection (b) shall include, but not be limited to: (i) standards for inspections, 4607 epidemiology and communicable disease investigation and reporting, permitting and other local 4608 public health responsibilities as required by law or under regulations of the department or the 4609 department of environmental protection; (ii) workforce education, training and credentialing 4610 standards; and (iii) standards for contributing required data. The standards shall consider 4611 applicable national standards and shall be developed in consultation with local boards of health, 4612 public health organizations, academic experts in the field of public health and members of the CORRECTED 212 of 319 4613 special commission on local and regional public health established in chapter 3 of the resolves of 4614 2016. 4615 (d)(1) Subject to appropriation, boards of health shall implement and comply with the 4616 standards developed pursuant to subsections (b) and (c), individually or through cross- 4617 jurisdictional sharing of public health programs in the form of comprehensive public health 4618 districts, formal shared services or other arrangements for sharing public health programs. 4619 (2) Annually, not later than August 31, boards of health shall submit a report to the 4620 department, which shall include information demonstrating compliance with the standards 4621 pursuant to subsections (b) and (c) during the preceding fiscal year. 4622 (e) Subject to appropriation, the department and the department of environmental 4623 protection shall, according to each agency’s jurisdiction and authority, provide comprehensive 4624 core public health educational and training opportunities and technical assistance to municipal 4625 and regional public health officials and staff to support such officials in obtaining credentials and 4626 foundational capabilities required by the standards developed pursuant to subsections (b) and (c); 4627 provided, however, that such educational and training opportunities and technical assistance shall 4628 be offered in diverse geographic locations throughout the commonwealth or online. The 4629 department and the department of environmental protection may contract with other state 4630 agencies or external entities to provide said educational and training opportunities and technical 4631 assistance and shall provide such training opportunities and technical assistance free of charge. 4632 (f)(1) Subject to appropriation, the department shall provide funds to boards of health to 4633 implement and comply with the standards developed pursuant to subsections (b) and (c), 4634 including through cross-jurisdictional sharing of public health programs in the form of CORRECTED 213 of 319 4635 comprehensive public health districts, formal shared services and other arrangements for sharing 4636 public health programs. 4637 (2) The funds under this subsection may be used to provide: 4638 (i) grants and technical assistance to municipalities that demonstrate limited operational 4639 capacity to meet local public health responsibilities as required by law or regulations; 4640 (ii) competitive grants to increase the efficiency and effectiveness of the delivery of 4641 public health programs across not less than 2 municipalities through: 4642 (A) expanding shared services arrangements to include more municipalities; 4643 (B) expanding shared services arrangements to provide a more comprehensive and 4644 equitable set of public health programs or sustainable business model; or 4645 (C) supporting new cross-jurisdictional sharing arrangements; provided, however, that 4646 grants provided pursuant to this clause shall supplement and shall not replace existing state, 4647 local, private or federal funding to boards of health and regional health districts; provided 4648 further, that boards of health shall apply for funds pursuant to this clause in a manner determined 4649 by the department; provided further, that the application shall include, but not be limited to: (I) a 4650 description of how the applicant will increase the efficiency and effectiveness in the delivery of 4651 public health programs; (II) certification by the applicant that, at the time of the application, the 4652 applicant meets or will use funding to meet workforce standards as determined by the 4653 department; (III) certification that the applicant shall submit written documentation on the 4654 implementation of systems to increase efficiency in providing local public health programs, 4655 including data, to the department in a manner to be prescribed by the department; and (IV) the CORRECTED 214 of 319 4656 applicant’s plan for the long-term sustainability of strengthening local public health programs; 4657 provided further, that the department shall adopt rules, regulations or guidelines for the 4658 administration and enforcement of this clause including, but not limited to, establishing applicant 4659 selection criteria, funding priorities, application forms and procedures, grant distribution and 4660 other requirements; and provided further, that not less than 33 per cent of the grants awarded 4661 shall be distributed to municipalities with a median household income below the median income 4662 of the commonwealth; and 4663 (iii) annual noncompetitive funding to ensure that all residents of the commonwealth are 4664 provided with foundational public health services that meet or exceed the standards set pursuant 4665 to this section; provided, however, that funds provided pursuant to this clause shall be distributed 4666 based on the level of implementation of the standards established in this section and using a 4667 formula based on population, level of cross-jurisdictional sharing and sociodemographic data; 4668 provided further, that to receive funding pursuant to this clause, a board of health shall submit an 4669 annual report to the department and the department of environmental protection that: (A) 4670 demonstrates progress or implementation of the standards; and (B) confirms that funding 4671 provided pursuant to this clause shall supplement and shall not replace existing state, local, 4672 private or federal funding to boards of health and regional health districts; provided further, that 4673 the report shall not require data that is otherwise reported to the department under subsection (d); 4674 provided further, local governments shall be granted relief from the department for good cause, 4675 including, but not limited to economic or fiscal hardship; and provided further, that data 4676 demonstrating implementation and compliance with the standards shall be submitted in a form 4677 prescribed by the department. CORRECTED 215 of 319 4678 (g) Subject to appropriation, the department shall develop a system to provide for 4679 increased standardization, integration and unification of public health reporting and systems for 4680 the measuring of standard responsibilities of boards of health including, but not limited to, 4681 inspections, code enforcement, communicable disease management and local regulations. The 4682 system shall be developed in coordination with the department of environmental protection. If 4683 feasible and in compliance with state and federal privacy requirements, the data and an analysis 4684 of the data shall be available on the department’s website; provided, however, that any such 4685 published data shall exclude personal identifying information. 4686 (h) Annually, the department shall estimate the amount of funds necessary to meet the 4687 requirements of this section for the upcoming fiscal year. The department shall report the 4688 estimate to the secretary of administration and finance and the house and senate committees on 4689 ways and means for the upcoming fiscal year in advance of the day assigned for submission of 4690 the budget by the governor to the general court pursuant to section 7H of chapter 29 and shall 4691 publish the estimate on the department’s website. 4692 (i) If an outbreak of a disease or health care situation important to the public health 4693 occurs, as determined by the commissioner or the commissioner of environmental protection, 4694 affecting more than 1 board of health, the department may coordinate the affected boards of 4695 health, assemble and share data on affected residents and organize the public health response 4696 within and across the affected communities. 4697 (j) Biennially, not later than December 1, in every even numbered year, the department, 4698 in consultation with the department of environmental protection, shall submit a report detailing 4699 the impact of the state action for public health excellence program established in subsection (b), CORRECTED 216 of 319 4700 the status of the local public health programs and their ability to meet the requirements of this 4701 section including, but not limited to: (i) the number of board of health and regional health district 4702 officials and staff that meet workforce standards as determined by the department; (ii) the 4703 number of board of health and regional health district officials and staff that attended educational 4704 and training opportunities; (iii) the number of boards of health and regional health districts that 4705 are in compliance with data reporting requirements of this section; and (iv) the number of 4706 municipalities participating in regional public health collaborations. In preparing the report, the 4707 department shall consult with the department of environmental protection. The report shall be 4708 filed with the clerks of the house of representatives and the senate, the house and senate 4709 committees on ways and means and the joint committee on public health and be publicly posted 4710 on the websites of the department and the department of environmental protection. 4711 (k) Notwithstanding any general or special law to the contrary, if the commissioner, the 4712 commissioner of environmental protection or their authorized representatives determine that 4713 failure to meet standards established in subsections (b) and (c) in a timeframe consistent with the 4714 timeframe established in subsection (d) constitutes a threat to public health, they shall, in writing, 4715 notify the appropriate board of health of such determination and request that the board of health, 4716 in writing, notify the department of actions taken to effect appropriate protection. If the 4717 commissioner is not so notified or, if after notification, the commissioner determines the such 4718 actions are not sufficient to protect public health, the department may restrict future funding 4719 provided under clause (iii) of subsection (f) and shall report these insufficiencies in its report 4720 issued under subsection (j). 4721 (l) Nothing in this section shall limit the authority or responsibility of a board of health as 4722 otherwise established pursuant to the General Laws including, but not limited to, section 127A. CORRECTED 217 of 319 4723 SECTION 225. Said chapter 111 is hereby further amended by striking out section 243, 4724 as so appearing, and inserting in place thereof the following section:- 4725 Section 243. (a) As used in this section, the following words shall have the following 4726 meanings unless the context clearly requires otherwise: 4727 “Parkinson’s disease”, a chronic and progressive neurologic disorder resulting from 4728 deficiency of the neurotransmitter dopamine as the consequence of specific degenerative changes 4729 in the area of the brain called the basal ganglia, characterized by tremor at rest, slow movements, 4730 muscle rigidity, stooped posture and unsteady or shuffling gait. 4731 “Parkinsonisms”, related conditions that cause a combination of the movement 4732 abnormalities seen in Parkinson's disease, including tremor at rest, slow movement, muscle 4733 rigidity, impaired speech or muscle stiffness which often overlap with and can evolve from what 4734 appears to be Parkinson’s disease; provided, however, that “Parkinsonisms” shall include, but 4735 not be limited to: Multiple System Atrophy, Dementia with Lewy Bodies, Corticobasal 4736 Degeneration and Progressive Supranuclear Palsy. 4737 (b) The department shall, subject to appropriation, establish a registry to record cases of 4738 Parkinson’s and Parkinsonisms that occur in residents of the commonwealth and such 4739 information concerning these cases as it shall deem necessary and appropriate in order to 4740 determine the incidence and prevalence of such diseases. 4741 (c) The registry and system of collection and dissemination of information shall be under 4742 the direction of the commissioner, who may enter into contracts, grants or other agreements as 4743 are necessary for the conduct of the program. CORRECTED 218 of 319 4744 (d) All patients diagnosed with Parkinson’s disease or related Parkinsonisms shall be 4745 provided a written and oral notice regarding the collection of information and patient data on 4746 Parkinson’s disease and related Parkinsonisms. Patients who do not wish to participate in the 4747 collection of data for purposes of research in this registry shall affirmatively opt out in writing 4748 after an opportunity to review the documents and ask questions. No patient shall be required to 4749 participate in this registry and patients may change their data collection participation status at 4750 any time by submitting a request in writing. 4751 (e) The department shall establish a system for the collection and dissemination of 4752 information determining the incidence and prevalence of Parkinson’s disease and related 4753 Parkinsonisms. The department shall designate Parkinson’s disease and related Parkinsonisms as 4754 diseases required to be reported in the commonwealth or any part of the commonwealth. 4755 All cases of Parkinson’s disease and related Parkinsonisms diagnosed or treated in the 4756 commonwealth shall be reported to the department; provided, however, that the mere incidence 4757 of a patient with Parkinson’s disease or a related Parkinsonism shall be the sole required 4758 information for this registry for any patient who chooses not to participate. For the subset of 4759 patients who choose not to participate, no further data shall be reported to the registry. 4760 The department may create, review and revise a list of data points required as part of 4761 mandated Parkinson’s disease reporting under this section. The list shall include, but not be 4762 limited to, necessary triggering diagnostic conditions, consistent with the latest World Health 4763 Organization’s International Statistical Classification of Diseases and Related Health Problems 4764 and resulting case data including, but not limited to, diagnosis, treatment and survival. CORRECTED 219 of 319 4765 The department may implement and administer this subsection through a bulletin or 4766 similar instruction to providers without taking regulatory action. 4767 (f) The department shall provide notification of the mandatory reporting of Parkinson’s 4768 disease and Parkinsonism on its website and may also provide that information to professional 4769 associations representing physicians, nurse practitioners and hospitals not less than 90 days prior 4770 to requiring information be reported. 4771 (g) Any hospital, facility, physician, surgeon, physician assistant or nurse practitioner 4772 who diagnoses or is responsible for providing primary treatment to Parkinson’s disease or 4773 Parkinsonism patients shall report each case of Parkinson’s disease and Parkinsonisms as 4774 required by subsection (e) to the department in a format prescribed by the department. The 4775 department may enter into data sharing contracts with data reporting entities and their associated 4776 electronic medical record systems vendors to securely and confidentially receive information 4777 related to Parkinson’s disease testing, diagnosis and treatment. 4778 (h) The department may enter into agreements to furnish data collected in this registry to 4779 other states’ Parkinson’s disease registries, federal Parkinson’s disease control agencies, local 4780 health officers or health researchers for the study of Parkinson’s disease; provided, however, that 4781 before confidential information is disclosed to those agencies, officers, researchers or out-of- 4782 state registries, the requesting entity shall agree in writing to maintain the confidentiality of the 4783 information and, in the case of researchers, shall: 4784 (i) obtain approval of their committee for the protection of human subjects established in 4785 accordance with 45 C.F.R. 46; and CORRECTED 220 of 319 4786 (ii) provide documentation to the department that demonstrates to the department’s 4787 satisfaction that the entity has established the procedures and has the ability to maintain the 4788 confidentiality of the information. 4789 (i) Except as otherwise provided in this section, all information collected pursuant to this 4790 section shall be confidential. To ensure privacy, the department shall promulgate a coding 4791 system that removes any identifying information about the patient. 4792 (j) Notwithstanding any general or special law to the contrary, a disclosure authorized by 4793 this section shall include only the information necessary for the stated purpose of the requested 4794 disclosure, used for the approved purpose and not be further disclosed. 4795 The furnishing of confidential information to the department or its authorized 4796 representative in accordance with this section shall not expose any person, agency or entity 4797 furnishing such information to liability and shall not be considered a waiver of any privilege or a 4798 violation of a confidential relationship. 4799 (k) The department shall maintain an accurate record of all persons who are given access 4800 to confidential information under this section. The record shall include: (i) the name of the 4801 person authorizing access; (ii) the name, title, address and organizational affiliation of persons 4802 given access; (iii) dates of access; and (iv) the specific purpose for which such confidential 4803 information is to be used. The record of access shall be open to public inspection during normal 4804 operating hours of the department. 4805 (l) Notwithstanding any general or special law to the contrary, confidential information 4806 under this section shall not be available for subpoena and shall not be disclosed, subject to 4807 discovery or compelled to be produced in any civil, criminal, administrative or other proceeding. CORRECTED 221 of 319 4808 Such confidential information shall not be deemed admissible as evidence in any civil, criminal, 4809 administrative or other tribunal or court for any reason. 4810 This subsection shall not prohibit the publication by the department of reports and 4811 statistical compilations that do not identify individual cases or individual sources of information. 4812 Notwithstanding the restrictions in this subsection, the individual to whom the 4813 information pertains shall have access to such information. 4814 (m) This section shall not preempt the authority of facilities or individuals providing 4815 diagnostic or treatment services to patients with Parkinson’s disease or related Parkinsonisms to 4816 maintain their own facility-based Parkinson’s disease or Parkinsonisms registries. 4817 (n) Annually, the department shall report to the house and senate committees on ways 4818 and means and the joint committee on public health, a program summary update on the incidence 4819 and prevalence of Parkinson’s and related Parkinsonisms in the commonwealth, delineated by 4820 county, and including the number of records that have been included and reported into the 4821 registry and demographic information such as patients, by age, gender and race. The report shall 4822 be published in a downloadable format on the department’s webpage or on a dedicated webpage 4823 for the registry. 4824 (o) The department shall create and maintain a webpage titled “An overview from the 4825 Massachusetts Parkinson’s Research Registry” within the department’s public information 4826 website to allow public access to information related to the registry, the yearly program summary 4827 required by this section and any other relevant or helpful information related to the registry. This 4828 information may be published in any form deemed appropriate by the department. CORRECTED 222 of 319 4829 SECTION 226. Chapter 112 of the General Laws is hereby amended by striking out 4830 section 9, as so appearing, and inserting in place thereof the following section:- 4831 Section 9. (a) (1) An applicant for limited registration under this section may, upon 4832 payment of a fee to be determined annually by the secretary of administration and finance under 4833 section 3B of chapter 7, be registered by the board of registration of medicine as an intern, fellow 4834 or medical officer for such time as it may subscribe if the applicant furnishes to the board with 4835 satisfactory proof that: 4836 (i) the applicant is at least 18 years of age and of good moral character; 4837 (ii)(A) the applicant has creditably completed 2 years of a premedical course of study at 4838 an accredited college or university and not less than 3½ years of study in a legally chartered 4839 medical school in the United States or Canada having the power to grant degrees in medicine; 4840 (B) if not enrolled in or a graduate of a legally chartered medical school in the United States or 4841 Canada, the applicant is the holder of a standard certificate granted after an examination by the 4842 Education Commission for Foreign Medical Graduates unless granted an exemption by the 4843 board; or (C) the applicant has completed a minimum of 2 years of premedical education at an 4844 accredited college or university in the United States, Canada or Puerto Rico or, if the applicant 4845 has studied medicine in a medical school outside the United States, Canada or Puerto Rico that is 4846 recognized by the World Health Organization, has completed all the formal requirements for the 4847 degree corresponding to doctor of medicine, except internship and social service and has 4848 completed 1 year of clinical clerkship approved by the liaison committee on medical education 4849 of the American Medical Association; and CORRECTED 223 of 319 4850 (iii)(A) the applicant has been appointed as an intern, fellow or medical officer in: (1) a 4851 hospital or other institution of the commonwealth or a county or municipality thereof; (2) a 4852 hospital or clinic that is incorporated under the laws of the commonwealth; (3) a clinic that is 4853 affiliated with a hospital licensed by the department of public health under section 71 of chapter 4854 111; (4) an outpatient clinic operated by the department of mental health; (5) the department of 4855 public health for duty in clinics or in programs operated or approved by the department of public 4856 health; or (6) programs approved by the board of registration in medicine and leading toward 4857 certification by specialty boards recognized by the American Medical Association; or 4858 (B) the applicant has applied to participate in the medical assistance program 4859 administered by the secretary of health and human services under chapter 118E and Title XIX of 4860 the Social Security Act and any federal demonstration or waiver relating to the medical 4861 assistance program for the limited purpose of ordering and referring services covered under the 4862 program if regulations governing such limited participation are promulgated under section 37 of 4863 said chapter 118E. 4864 (2) A person with a limited registration under this section may practice medicine only in: 4865 (i) the hospital, institution, clinic or program designated on the applicant’s certificate of limited 4866 registration or outside such hospital, institution, clinic or program under the supervision of 1 of 4867 its medical officers who is a duly registered physician for the treatment of persons accepted by 4868 such hospital, institution, clinic or program as patients; or (ii) any hospital, institution, clinic or 4869 program affiliated for training purposes with the hospital, institution, clinic or program 4870 designated on the certificate, which affiliation shall be approved by the board and pursuant to 4871 regulations established by the hospital, institution, clinic or program. The name of the hospital, CORRECTED 224 of 319 4872 institution, clinic or program so affiliated and so approved shall be indicated on the certificate. 4873 Limited registration under this section may be revoked at any time by the board. 4874 (b) Notwithstanding this section, an internationally-trained physician who has been 4875 licensed or otherwise authorized to practice medicine in a country other than the United States 4876 shall be eligible to apply for a limited license to practice medicine for a 1-year term after 4877 satisfying the criteria in paragraph (2) of subsection (c); provided, however, that the 1-year 4878 limited license shall not be renewed more than once; and provided further, that such limited 4879 registration shall provide a pathway for the issuance of a full unrestricted license to practice 4880 medicine in accordance with, and upon satisfaction of, the criteria in paragraph (3) of said 4881 subsection (c). 4882 (c)(1) For the purposes of this subsection, the following words shall have the following 4883 meanings unless the context clearly requires otherwise: 4884 “Commission”, the Educational Commission for Foreign Medical Graduates. 4885 “Internationally-trained physician”, a physician who has received a degree of doctor of 4886 medicine or its equivalent from a legally chartered medical school outside the United States and 4887 recognized by the World Health Organization and who has been licensed or otherwise authorized 4888 to practice medicine in a country other than the United States and who has practiced medicine for 4889 at least 1 year. 4890 “Licensing exam”, the United States Medical Licensing Examination. 4891 “Participating healthcare facility”, a federally-qualified health center, community health 4892 center, hospital or other healthcare facility approved by the board that provides an assessment CORRECTED 225 of 319 4893 and evaluation program designed to develop, assess and evaluate an internationally-trained 4894 physician’s nonclinical skills according to criteria developed or approved by the board; provided, 4895 that a participating healthcare facility shall provide medical care in a physician shortage area. 4896 “Physician shortage area”, a geographic region or population in the commonwealth 4897 experiencing a shortage of physicians, especially primary care physicians or psychiatrists, 4898 relative to population and need; provided, however, that the health care workforce center or its 4899 equivalent in the department of public health shall assist the board in determining the regions or 4900 populations comprising a “physician shortage area”. 4901 (2) The board shall issue a limited license to an applicant if the participating facility and 4902 the applicant submit evidence acceptable to the board that the applicant: (i) is an internationally- 4903 trained physician; (ii) has a valid certificate issued by the commission or other credential 4904 evaluation service approved by the board; provided, however, that the board may waive such 4905 certification if the applicant is unable to obtain the required documentation from a 4906 noncooperating country; (iii) has achieved a passing score on Step 1 and Step 2-Clinical 4907 Knowledge of the Licensing Exam; (iv) has entered into an agreement with the participating 4908 healthcare facility providing that the facility shall develop, assess and evaluate the applicant’s 4909 familiarity with nonclinical skills and standards appropriate for medical practice in the 4910 commonwealth according to assessment and evaluation criteria developed or approved by the 4911 board; (v) shall enter a full-time full employment relationship with the participating facility after 4912 the board issues a limited license to practice medicine to the applicant; and (vi) has satisfied 4913 other criteria that may be developed by the board to implement this subsection. CORRECTED 226 of 319 4914 (3) An internationally-trained physician who provides the board with proof of: (i) 4915 successful completion of the participating facility’s assessment and evaluation program; (ii) a 4916 passing score on Step 3 of the Licensing Exam; and (iii) any additional prerequisites that the 4917 board may require, may apply for a renewable 2-year restricted license to practice medicine only 4918 in a physician shortage area; provided, however, that a 2-year restricted license shall not be 4919 renewed more than once; and provided further, that any additional prerequisites for eligibility 4920 shall not include post-graduate clinical training and that the restricted license shall authorize the 4921 holder to practice independently in a primary care specialty, psychiatry or other specialty as may 4922 be approved by the board. After 2 years of restricted practice, the internationally-trained 4923 physician may apply for a full, unrestricted license to practice medicine. 4924 SECTION 227. Section 79 of said chapter 112, as so appearing, is hereby amended by 4925 adding the following 2 sentences:- The board may assess a licensed nurse a penalty of not more 4926 than $2,000 for each violation of regulations promulgated pursuant to this section and for each 4927 violation of any general law that governs the practice of nursing. The board, through regulation, 4928 shall ensure that any fine levied is commensurate with the severity of the violation. 4929 SECTION 228. Said chapter 112 is hereby further amended by inserting after section 91 4930 the following section:- 4931 Section 91A. (a) For the purposes of this section, “preceptor chiropractor” shall mean a 4932 registered chiropractor authorized to practice chiropractic in the commonwealth who is: (i) 4933 designated by an approved chiropractic school or college as an instructor; and (ii) the 4934 chiropractor of record at the chiropractic facility to which a student extern is assigned. CORRECTED 227 of 319 4935 (b) An individual that is a current student enrolled in the final academic year at a 4936 chiropractic school or college approved by the board may practice the full scope of chiropractic 4937 under the direct supervision of a preceptor chiropractor; provided, that the student extern shall 4938 have: (i) completed all academic and clinical class requirements for the degree of doctor of 4939 chiropractic from a chiropractic school or college approved by the board; and (ii) passed at least 4940 3 of the 4 levels of the examinations administered by the National Board of Chiropractic 4941 Examiners. 4942 (c) The student extern shall practice under the direct supervision and license of the 4943 preceptor chiropractor and shall not be authorized to sign legal documents generally signed by 4944 the preceptor chiropractor; provided, however, that the board, in its discretion, may authorize a 4945 student extern to practice chiropractic pursuant to this section at more than 1 chiropractic facility. 4946 An individual may be authorized by the board to practice chiropractic as a student extern for not 4947 less than 4 weeks and not more than 16 weeks during the student’s final academic year. 4948 SECTION 229. The General Laws are hereby amended by inserting after chapter 112 the 4949 following chapter:- 4950 Chapter 112A 4951 Nurse Licensure Compact 4952 Section 1. As used in this chapter, the following words shall have the following meanings 4953 unless the context clearly requires otherwise: 4954 “Adverse action”, an administrative, civil, equitable or criminal action permitted by a 4955 state’s laws which is imposed by a licensing board or other authority against a nurse, including CORRECTED 228 of 319 4956 actions against an individual’s license or multistate licensure privilege such as revocation, 4957 suspension, probation, monitoring of the licensee, limitation on the licensee’s practice or any 4958 other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance 4959 of a cease and desist action. 4960 “Alternative program”, a non-disciplinary monitoring program approved by a licensing 4961 board. 4962 “Compact” or “Nurse Licensure Compact”, the legally binding agreement between party 4963 states as adopted by the National Council of State Boards of Nursing Nurse Licensure Compact 4964 in its Final Version dated May 4, 2015, and entered into by the commonwealth in accordance 4965 with this chapter. 4966 “Coordinated licensure information system”, an integrated process for collecting, storing 4967 and sharing information on nurse licensure and enforcement activities related to nurse licensure 4968 laws that is administered by a nonprofit organization composed of and controlled by licensing 4969 boards. 4970 “Current significant investigative information”, (i) investigative information that a 4971 licensing board, after a preliminary inquiry that includes notification and an opportunity for the 4972 nurse to respond, if required by state law, has reason to believe is not groundless and, if proved 4973 true, would indicate more than a minor infraction; or (ii) investigative information that indicates 4974 that the nurse represents an immediate threat to public health and safety regardless of whether 4975 the nurse has been notified and had an opportunity to respond. 4976 “Encumbrance”, a revocation or suspension of, or any limitation on, the full and 4977 unrestricted practice of nursing imposed by a licensing board. CORRECTED 229 of 319 4978 “Home state”, the party state which is the nurse’s primary state of residence. 4979 “Interstate commission”, the Interstate Commission of Nurse Licensure Compact 4980 Administrators as established in section 6 of this chapter. 4981 “Licensing board”, a party state’s regulatory body responsible for issuing nurse licenses. 4982 “Multistate license”, a license to practice as a registered nurse, a licensed practical or 4983 vocational nurse issued by a home state licensing board that authorizes the licensed nurse to 4984 practice in all party states under a multistate licensure privilege. 4985 “Multistate licensure privilege”, a legal authorization associated with a multistate license 4986 permitting the practice of nursing as either a registered nurse, a licensed practical or vocational 4987 nurse in a remote state. 4988 “Nurse”, a registered nurse, a licensed practical or vocational nurse, as those terms are 4989 defined by each party state’s practice laws. 4990 “Party state”, the commonwealth and any other state that has adopted this compact. 4991 “Remote state”, a party state other than the home state. 4992 “Single-state license”, a license issued by a party state that authorizes the practice of 4993 nursing only within the issuing state and does not include a multistate licensure privilege to 4994 practice in any other party state. 4995 “State”, a state, territory or possession of the United States and the District of Columbia. 4996 “State practice laws”, a party state’s laws, rules and regulations that govern the practice 4997 of nursing, define the scope of nursing practice and establish the methods and grounds for CORRECTED 230 of 319 4998 imposing discipline; provided, however, that “State practice laws” do not include requirements 4999 necessary to obtain and retain a license, except for qualifications or requirements of the home 5000 state. 5001 Section 2. (a) A multistate license to practice as a nurse issued by a home state to a 5002 resident in that state shall be recognized by each party state as authorizing a nurse to practice as a 5003 registered nurse, a licensed practical or vocational nurse under a multistate licensure privilege in 5004 each party state. 5005 (b) A state shall implement procedures for considering the criminal history records of 5006 applicants for initial multistate license or licensure by endorsement. Such procedures shall 5007 include the submission of fingerprints or other biometric-based information by applicants for the 5008 purpose of obtaining an applicant’s criminal history record information from the Federal Bureau 5009 of Investigation and the agency responsible for retaining that state’s criminal records. 5010 (c) Each party state shall require the following for an applicant to obtain or retain a 5011 multistate license in the home state: 5012 (i) the applicant shall meets the home state’s qualifications for licensure or renewal of 5013 licensure, as well as all other applicable state laws; 5014 (ii) (A) the applicant shall have graduated or is eligible to graduate from a licensing 5015 board-approved registered nurse or practical or vocational nurse pre-licensure education 5016 program; or (B) has graduated from a foreign registered nurse or practical or vocational nurse 5017 pre-licensure education program that: (1) has been approved by the authorized accrediting body 5018 in the applicable country; and (2) has been verified by an independent credentials review agency 5019 to be comparable to a licensing board-approved pre-licensure education program; CORRECTED 231 of 319 5020 (iii) if a graduate of a foreign pre-licensure education program not taught in English or if 5021 English is not the individual’s native language, the applicant shall have successfully passed an 5022 English proficiency examination that includes the components of reading, speaking, writing and 5023 listening; 5024 (iv) the applicant has successfully passed an NCLEX-RN® or NCLEX-PN® 5025 Examination or recognized predecessor, as applicable; 5026 (v) the applicant is eligible for or holds an active, unencumbered license; 5027 (vi) the applicant has submitted, in connection with an application for initial licensure or 5028 licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining 5029 criminal history record information from the Federal Bureau of Investigation and the agency 5030 responsible for retaining that state’s criminal records; 5031 (vii) the applicant has not been convicted or found guilty, or entered into an agreed 5032 disposition, of a felony offense under applicable state or federal law; 5033 (viii) the applicant has not been convicted or found guilty, or entered into an agreed 5034 disposition, of a misdemeanor offense related to the practice of nursing as determined on a case- 5035 by-case basis; 5036 (ix) the applicant is not currently enrolled in an alternative program; 5037 (x) the applicant is subject to self-disclosure requirements regarding current participation 5038 in an alternative program; and 5039 (xi) the applicant has a valid United States Social Security number. CORRECTED 232 of 319 5040 (d) All party states shall be authorized, in accordance with existing state due process law, 5041 to take adverse action against a nurse’s multistate licensure privilege such as revocation, 5042 suspension, probation or any other action that affects a nurse’s authorization to practice under a 5043 multistate licensure privilege, including cease and desist actions. If a party state takes such 5044 action, it shall promptly notify the administrator of the coordinated licensure information system. 5045 The administrator of the coordinated licensure information system shall promptly notify the 5046 home state of any such actions by remote states. 5047 (e) A nurse practicing in a party state shall comply with the state practice laws of the state 5048 in which the client is located at the time service is provided. The practice of nursing is not 5049 limited to patient care, but shall include all nursing practice as defined by the state practice laws 5050 of the party state in which the client is located. The practice of nursing in a party state under a 5051 multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the 5052 courts and the laws of the party state in which the client is located at the time service is provided. 5053 (f) Individuals not residing in a party state shall continue to be able to apply for a party 5054 state’s single-state license as provided by the laws of each party state; provided, however, that 5055 the single-state license granted to these individuals shall not be recognized as granting the 5056 privilege to practice nursing in any other party state. Nothing in this compact shall affect the 5057 requirements established by a party state for the issuance of a single-state license. 5058 (g) A nurse holding a home state multistate license on the effective date of this compact 5059 in the commonwealth may retain and renew the multistate license issued by the nurse’s then- 5060 current home state; provided, however, that: CORRECTED 233 of 319 5061 (i) a nurse who changes primary state of residence after this compact’s effective date in 5062 the commonwealth shall meet all applicable requirements of this section to obtain a multistate 5063 license from a new home state. 5064 (ii) a nurse who fails to satisfy the multistate licensure requirements of this section due to 5065 a disqualifying event occurring after this compact’s effective date in the commonwealth shall not 5066 be eligible to retain or renew a multistate license and the nurse’s multistate license shall be 5067 revoked or deactivated in accordance with applicable rules adopted by the interstate commission. 5068 Section 3. (a) Upon application for a multistate license, the licensing board in the issuing 5069 party state shall ascertain, through the coordinated licensure information system, whether the 5070 applicant has ever held, or is the holder of, a license issued by any other state, whether there are 5071 any encumbrances on any license or multistate licensure privilege held by the applicant, whether 5072 any adverse action has been taken against any license or multistate licensure privilege held by 5073 the applicant and whether the applicant is currently participating in an alternative program. 5074 (b) A nurse may hold a multistate license, issued by the home state, in only 1 party state 5075 at a time. 5076 (c) If a nurse changes primary state of residence by moving between 2 party states, the 5077 nurse shall apply for licensure in the new home state, and the multistate license issued by the 5078 prior home state shall be deactivated in accordance with applicable rules adopted by the 5079 interstate commission. 5080 (1) The nurse may apply for licensure in advance of a change in primary state of 5081 residence. CORRECTED 234 of 319 5082 (2) A multistate license shall not be issued by the new home state until the nurse provides 5083 satisfactory evidence of a change in primary state of residence to the new home state and 5084 satisfies all applicable requirements to obtain a multistate license from the new home state. 5085 (d) If a nurse changes primary state of residence by moving from a party state to a non- 5086 party state, the multistate license issued by the prior home state shall convert to a single-state 5087 license and shall be valid only in the former home state. 5088 Section 4. (a) In addition to the other powers conferred by state law, a licensing board 5089 may: 5090 (i) take adverse action against a nurse’s multistate licensure privilege to practice within 5091 that party state; provided however, that only the home state may to take adverse action against a 5092 nurse’s license issued by the home state; and provided further that for purposes of taking adverse 5093 action, the home state licensing board shall give the same priority and effect to reported conduct 5094 received from a remote state as it would if such conduct had occurred within the home state and 5095 in so doing, the home state shall apply its own state laws to determine appropriate action; 5096 (ii) issue cease and desist orders or impose an encumbrance on a nurse’s authority to 5097 practice within that party state; 5098 (iii) complete any pending investigations of a nurse who changes primary state of 5099 residence during the course of such investigations; provided however, that the licensing board 5100 may take appropriate action and shall promptly report the conclusions of such investigations to 5101 the administrator of the coordinated licensure information system; and provided further, that the 5102 administrator of the coordinated licensure information system shall promptly notify the new 5103 home state of any such actions; CORRECTED 235 of 319 5104 (iv) issue subpoenas for both hearings and investigations that require the attendance and 5105 testimony of witnesses, as well as, the production of evidence; provided, however, that 5106 subpoenas issued by a licensing board in a party state for the attendance and testimony of 5107 witnesses or for the production of evidence from another party state shall be enforced in the latter 5108 state by any court of competent jurisdiction, according to the practice and procedures of that 5109 court applicable to subpoenas issued in proceedings pending before it; and provided further that 5110 the issuing authority shall pay any witness fees, travel expenses, mileage and other fees required 5111 by the service statutes of the state in which the witnesses or evidence are located; 5112 (v) obtain and submit, for each nurse licensure applicant, fingerprint or other biometric- 5113 based information to the Federal Bureau of Investigation for criminal background checks, 5114 receive the results of the Federal Bureau of Investigation record search on criminal background 5115 checks and use the results in making licensure decisions; 5116 (vi) if otherwise permitted by state law, recover from the affected nurse the costs of 5117 investigations and disposition of cases resulting from any adverse action taken against that nurse; 5118 and 5119 (vii) take adverse action based on the factual findings of the remote state; provided, 5120 however, that the licensing board follows its own procedures for taking such adverse action. 5121 (b) If adverse action is taken by the home state against a nurse’s multistate license, the 5122 nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until 5123 all encumbrances have been removed from the multistate license. All home state disciplinary 5124 orders that impose adverse action against a nurse’s multistate license shall include a statement CORRECTED 236 of 319 5125 that the nurse’s multistate licensure privilege is deactivated in all party states during the 5126 pendency of the order. 5127 (c) Nothing in this compact shall override a party state’s decision that participation in an 5128 alternative program may be used in lieu of adverse action. The home state licensing board shall 5129 deactivate the multistate licensure privilege under the multistate license of any nurse for the 5130 duration of the nurse’s participation in an alternative program. 5131 Section 5. (a) All party states shall participate in a coordinated licensure information 5132 system of all licensed registered nurses and licensed practical or vocational nurses. This system 5133 will include information on the licensure and disciplinary history of each nurse, as submitted by 5134 party states, to assist in the coordination of nurse licensure and enforcement efforts. 5135 (b) The interstate commission, in consultation with the administrator of the coordinated 5136 licensure information system, shall formulate necessary and proper procedures for the 5137 identification, collection and exchange of information under this compact. 5138 (c) All licensing boards shall promptly report to the coordinated licensure information 5139 system any adverse actions against a nurse, any current significant investigative information, 5140 denials of applications with the reasons for such denials and nurse participation in alternative 5141 programs known to the licensing board regardless of whether such participation is deemed 5142 nonpublic or confidential under state law. 5143 (d) Current significant investigative information and participation in nonpublic or 5144 confidential alternative programs shall be transmitted through the coordinated licensure 5145 information system only to party state licensing boards. CORRECTED 237 of 319 5146 (e) Notwithstanding any other provision of law, all party state licensing boards 5147 contributing information to the coordinated licensure information system may designate 5148 information that may not be shared with non-party states or disclosed to other entities or 5149 individuals without the express permission of the contributing state. 5150 (f) Any personally identifiable information obtained from the coordinated licensure 5151 information system by a party state licensing board shall not be shared with non-party states or 5152 disclosed to other entities or individuals except to the extent permitted by the laws of the party 5153 state contributing the information. 5154 (g) Any information contributed to the coordinated licensure information system that is 5155 subsequently required to be expunged by the laws of the party state contributing that information 5156 shall also be expunged from the coordinated licensure information system. 5157 (h) The compact administrator of each party state shall furnish a uniform data set relative 5158 to nurses to the compact administrator of each other party state, which shall include, at a 5159 minimum: 5160 (i) identifying information; 5161 (ii) licensure data; 5162 (iii) information related to alternative program participation; and 5163 (iv) any other information that may facilitate the administration of this compact as 5164 determined by interstate commission rules. 5165 The compact administrator of a party state shall provide all investigative documents and 5166 information requested by another party state. CORRECTED 238 of 319 5167 Section 6. (a) The party states hereby create and establish a joint public entity known as 5168 the Interstate Commission of Nurse Licensure Compact Administrators which shall be an 5169 instrumentality of the party states. 5170 Venue is proper and judicial proceedings by or against the interstate commission shall be 5171 brought solely and exclusively in a court of competent jurisdiction where the principal office of 5172 the interstate commission is located; provided, however, that the interstate commission may 5173 waive venue and jurisdictional defenses to the extent that it adopts or consents to participate in 5174 alternative dispute resolution proceedings. 5175 Nothing in this compact shall be construed to be a waiver of sovereign immunity. 5176 (b)(1) Each party state shall have only 1 administrator. The head of the state licensing 5177 board or designee shall be the administrator of this compact for each party state. Any 5178 administrator may be removed or suspended from office as provided by the law of the state from 5179 which the administrator is appointed. Any vacancy occurring in the interstate commission shall 5180 be filled in accordance with the laws of the party state in which the vacancy exists. 5181 (2) Each administrator shall be entitled to 1 vote with regard to the promulgation of rules 5182 and creation of by-laws and shall otherwise have an opportunity to participate in the business and 5183 affairs of the interstate commission. An administrator shall vote in person or by such other means 5184 as provided in the by-laws. The by-laws may provide for an administrator’s participation in 5185 meetings by telephone or other means of communication. 5186 (3) The interstate commission shall meet at least once during each calendar year. 5187 Additional meetings shall be held as set forth in the by-laws or rules of the interstate 5188 commission. CORRECTED 239 of 319 5189 (4) All meetings shall be open to the public and public notice of meetings shall be given 5190 in the same manner as required under any rules promulgated under section 7. 5191 (5) The interstate commission may convene in a closed, nonpublic meeting if the subject 5192 of the meeting before the interstate commission is in regard to: 5193 (i) noncompliance of a party state with its obligations under this compact; 5194 (ii) the employment, compensation, discipline or other personnel matters, practices or 5195 procedures related to specific employees or other matters related to the interstate commission’s 5196 internal personnel practices and procedures; 5197 (iii) current, threatened or reasonably anticipated litigation; 5198 (iv) negotiation of contracts for the purchase or sale of goods, services or real estate; 5199 (v) accusing any person of a crime or formally censuring any person; 5200 (vi) disclosure of trade secrets or commercial or financial information that is privileged or 5201 confidential; 5202 (vii) disclosure of information of a personal nature where disclosure would constitute a 5203 clearly unwarranted invasion of personal privacy; 5204 (viii) disclosure of investigatory records compiled for law enforcement purposes; 5205 (ix) disclosure of information related to any reports prepared by or on behalf of the 5206 interstate commission for the purpose of investigation of compliance with this compact; or 5207 (x) matters specifically exempted from disclosure by federal or state statute. CORRECTED 240 of 319 5208 (6) If a meeting, or portion of a meeting, is closed pursuant to this section, the interstate 5209 commission’s legal counsel or designee shall certify that the meeting may be closed and shall 5210 reference each relevant exempting provision. The interstate commission shall keep minutes that 5211 fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate 5212 summary of actions taken, and the reasons therefor, including a description of the views 5213 expressed. All documents considered in connection with an action shall be identified in such 5214 minutes. All minutes and documents of a closed meeting shall remain under seal, subject to 5215 release by a majority vote of the interstate commission or on order of a court of competent 5216 jurisdiction. 5217 (c) The interstate commission shall, by a majority vote of the administrators, prescribe 5218 by-laws or rules to govern its conduct as may be necessary or appropriate to carry out the 5219 purposes and exercise the powers of this compact including, but not limited to: 5220 (i) establishing the fiscal year of the interstate commission; 5221 (ii) providing reasonable standards and procedures for: 5222 (A) the establishment and meetings of other committees; and 5223 (B) governing any general or specific delegation of any authority or function of the 5224 interstate commission; 5225 (iii) providing reasonable procedures for calling and conducting meetings of the interstate 5226 commission with reasonable advance notice of all meetings and providing an opportunity for 5227 attendance at such meetings by interested parties, with enumerated exceptions designed to 5228 protect the public’s interest, the privacy of individuals, and proprietary information, including CORRECTED 241 of 319 5229 trade secrets; provided, however, that the interstate commission may meet in closed session only 5230 after a majority of the administrators vote to close a meeting in whole or in part. As soon as 5231 practicable, the interstate commission shall make public a copy of the vote to close the meeting, 5232 revealing the vote of each administrator, with no proxy votes allowed; 5233 (iv) establishing the titles, duties and authority and reasonable procedures for the election 5234 of the officers of the interstate commission; 5235 (v) providing reasonable standards and procedures for the establishment of the personnel 5236 policies and programs of the interstate commission; provided, however, that notwithstanding any 5237 civil service or other similar laws of any party state, the by-laws shall exclusively govern the 5238 personnel policies and programs of the interstate commission; and 5239 (vi) providing a mechanism for winding up the operations of the interstate commission 5240 and the equitable disposition of any surplus funds that may exist after the termination of this 5241 compact after the payment or reserving of all of its debts and obligations. 5242 (d) The interstate commission shall publish its by-laws and rules and any amendments 5243 thereto in a convenient form on its website. 5244 (e) The interstate commission shall maintain its financial records in accordance with the 5245 by-laws. 5246 (f) The interstate commission shall meet and take such actions as are consistent with this 5247 compact and the by-laws. 5248 (g) The interstate commission may: CORRECTED 242 of 319 5249 (i) promulgate uniform rules to facilitate and coordinate implementation and 5250 administration of this compact; provided, however, that such rules shall have the force and effect 5251 of law and shall be binding in all party states; 5252 (ii) bring and prosecute legal proceedings or actions in the name of the interstate 5253 commission, provided that the standing of any licensing board to sue or be sued under applicable 5254 law shall not be affected; 5255 (iii) purchase and maintain insurance and bonds; 5256 (iv) borrow, accept or contract for services of personnel including, but not limited to, 5257 employees of a party state or nonprofit organizations; 5258 (v) cooperate with other organizations that administer state compacts related to the 5259 regulation of nursing including, but not limited to, sharing administrative or staff expenses, 5260 office space or other resources; 5261 (vi) hire employees, elect or appoint officers, fix compensation, define duties, grant such 5262 individuals appropriate authority to carry out the purposes of this compact and establish the 5263 interstate commission’s personnel policies and programs relating to conflicts of interest, 5264 qualifications of personnel and other related personnel matters; 5265 (vii) accept all appropriate donations, grants and gifts of money, equipment, supplies, 5266 materials and services and receive, utilize and dispose of the same; provided, however, that the 5267 interstate commission shall avoid any appearance of impropriety or conflict of interest; CORRECTED 243 of 319 5268 (viii) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, 5269 improve or use, any property, whether real, personal or mixed; provided, however, that the 5270 interstate commission shall avoid any appearance of impropriety or conflict of interest; 5271 (ix) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any 5272 property, whether real, personal or mixed; 5273 (x) establish a budget and make expenditures; 5274 (xi) borrow money; 5275 (xii) appoint committees, including advisory committees comprised of administrators, 5276 state nursing regulators, state legislators or their representatives and consumer representatives 5277 and other such interested persons; 5278 (xiii) provide and receive information from, and to cooperate with, law enforcement 5279 agencies; 5280 (xiv) adopt and use an official seal; and 5281 (xv) perform such other functions as may be necessary or appropriate to achieve the 5282 purposes of this compact consistent with the state regulation of nurse licensure and practice. 5283 (h)(1) The interstate commission shall pay or provide for the payment of the reasonable 5284 expenses of its establishment, organization and ongoing activities. 5285 (2) The interstate commission may levy on and collect an annual assessment from each 5286 party state to cover the cost of its operations, activities and staff in its annual budget as approved 5287 each year. The aggregate annual assessment amount, if any, shall be allocated based upon a CORRECTED 244 of 319 5288 formula to be determined by the interstate commission, by regulations which shall be binding 5289 upon all party states. 5290 (3) The interstate commission shall not incur obligations of any kind prior to securing the 5291 funds adequate to meet the same. The interstate commission shall not pledge the credit of any of 5292 the party states, except by and with the authority of such party state. 5293 (4) The interstate commission shall keep accurate accounts of all receipts and 5294 disbursements. The receipts and disbursements of the interstate commission shall be subject to 5295 the audit and accounting procedures established in its by-laws. All receipts and disbursements of 5296 funds handled by the interstate commission shall be audited yearly by a certified or licensed 5297 public accountant and a report of the audit shall be included in and become part of the annual 5298 report of the interstate commission. 5299 (i) (1) The administrators, officers, executive director, employees and representatives of 5300 the interstate commission shall be immune from suit and liability, either personally or in their 5301 official capacity, for any claim for damage to or loss of property or personal injury or other civil 5302 liability caused by or arising out of any actual or alleged act, error or omission that occurred, or 5303 that the person against whom the claim is made had a reasonable basis for believing that any 5304 such actual or alleged act, error or omission had occurred, within the scope of interstate 5305 commission employment, duties or responsibilities. Nothing in this paragraph shall provide 5306 immunity to any such person for any damage, loss, injury or liability caused by the intentional, 5307 willful or wanton misconduct of such person. 5308 (2) The interstate commission shall defend any administrator, officer, executive director, 5309 employee or representative of the interstate commission in any civil action seeking to impose CORRECTED 245 of 319 5310 liability arising out of any actual or alleged act, error or omission that occurred within the scope 5311 of interstate commission employment, duties or responsibilities or that the person against whom 5312 the claim is made had a reasonable basis for believing any such actual or alleged act, error or 5313 omission had occurred within the scope of interstate commission employment, duties or 5314 responsibilities and the actual or alleged act, error or omission did not result from that person’s 5315 intentional, willful or wanton misconduct. Nothing herein shall prohibit any such person from 5316 retaining counsel at such person’s own expense. 5317 (3) The interstate commission shall indemnify and hold harmless any administrator, 5318 officer, executive director, employee or representative of the interstate commission for the 5319 amount of any settlement or judgment obtained against that person arising out of any actual or 5320 alleged act, error or omission that occurred within the scope of interstate commission 5321 employment, duties or responsibilities, or that such person had a reasonable basis for believing 5322 occurred within the scope of interstate commission employment, duties or responsibilities, 5323 provided that the actual or alleged act, error or omission did not result from the intentional, 5324 willful or wanton misconduct of that person. 5325 Section 7. (a) The interstate commission shall exercise its rulemaking powers pursuant to 5326 the criteria set forth in this section and the rules adopted hereunder. Rules and amendments shall 5327 become binding as of the date specified in each rule or amendment and shall have the same force 5328 and effect as provisions in this compact. 5329 (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of 5330 the interstate commission. CORRECTED 246 of 319 5331 (c) Prior to promulgation and adoption of a final rule by the interstate commission, and at 5332 least 60 days in advance of the meeting at which any such rule will be considered and voted 5333 upon, the interstate commission shall file a notice of proposed rulemaking on the website of: 5334 (i) the interstate commission; and 5335 (ii) each licensing board or the publication in which each state would otherwise publish 5336 proposed rules. 5337 (d) The notice of proposed rulemaking shall include: 5338 (i) the proposed time, date and location of the meeting in which the rule will be 5339 considered and voted upon; 5340 (ii) the text of the proposed rule or amendment and the reason therefor; 5341 (iii) a request for comments on the proposed rule from any interested person; and 5342 (iv) the manner in which interested persons may submit notice to the interstate 5343 commission of their intention to attend the public hearing and any written comments. 5344 (e) Prior to adoption of a proposed rule, the interstate commission shall allow persons to 5345 submit written data, facts, opinions and arguments which shall be made available to the public. 5346 (f) The interstate commission shall grant an opportunity for a public hearing before it 5347 adopts a rule or amendment. 5348 (g) The interstate commission shall publish the place, time and date of the scheduled 5349 public hearing. CORRECTED 247 of 319 5350 (1) Hearings shall be conducted in a manner providing each person who wishes to 5351 comment a fair and reasonable opportunity to comment orally or in writing. All hearings shall be 5352 recorded and a copy of such recording shall be made available upon request. 5353 (2) Nothing in this section shall require a separate hearing on each rule. Rules may be 5354 grouped for the convenience of the interstate commission at hearings required by this section. 5355 (h) If no person appears at the public hearing, the interstate commission may proceed 5356 with promulgation of the proposed rule. 5357 (i) Following the scheduled hearing date or by the close of business on the scheduled 5358 hearing date if the hearing was not held, the interstate commission shall consider all written and 5359 oral comments received. 5360 (j) The interstate commission shall, by majority vote of all administrators, take final 5361 action on the proposed rule and shall determine the effective date of the rule based on the 5362 rulemaking record and the full text of the rule. 5363 (k) Upon determination that an emergency exists, the interstate commission may consider 5364 and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided, 5365 however, that the usual rulemaking procedures provided herein shall be retroactively applied to 5366 the rule as soon as reasonably possible but not later than 90 days after the effective date of the 5367 rule. For the purposes of this subsection, an emergency rule is one that requires adoption 5368 immediately to: 5369 (i) meet an imminent threat to public health, safety or welfare; 5370 (ii) prevent a loss of interstate commission or party state funds; or CORRECTED 248 of 319 5371 (iii) meet a deadline for the promulgation of an administrative rule that is required by 5372 federal law. 5373 (l) The interstate commission may direct revisions to a previously adopted rule or 5374 amendment for purposes of correcting typographical errors, errors in format, errors in 5375 consistency and grammatical errors. Public notice of any revisions shall be posted on the website 5376 of the interstate commission. The revision shall be subject to challenge by any person for a 5377 period of 30 days after posting. The revision may be challenged only on grounds that the revision 5378 results in a material change to a rule. A challenge shall be made in writing and delivered to the 5379 interstate commission prior to the end of the notice period. If no challenge is made, the revision 5380 shall take effect without further action. If the revision is challenged, the revision shall not take 5381 effect without the approval of the interstate commission. 5382 Section 8. (a)(1) Each party state shall enforce this compact and take all actions necessary 5383 and appropriate to effectuate this compact’s purposes and intent. 5384 (2) The interstate commission may receive service of process in any proceeding that may 5385 affect the powers, responsibilities or actions of the interstate commission and shall have standing 5386 to intervene in such a proceeding for all purposes. Failure to provide service of process in such 5387 proceeding to the interstate commission shall render a judgment or order void as to the interstate 5388 commission, this compact or any rules promulgated hereunder. 5389 (b)(1) If the interstate commission determines that a party state has defaulted in the 5390 performance of its obligations or responsibilities under this compact or the promulgated rules, 5391 the interstate commission shall: CORRECTED 249 of 319 5392 (i) provide written notice to the defaulting state and other party states of the nature of the 5393 default, the proposed means of curing the default or any other action to be taken by the interstate 5394 commission; and 5395 (ii) provide remedial training and specific technical assistance regarding the default. 5396 (2) If a state in default fails to cure the default, the defaulting state’s membership in this 5397 compact may be terminated upon an affirmative vote of a majority of the administrators and all 5398 rights, privileges and benefits conferred by this compact may be terminated on the date cited; 5399 provided, however, that a cure of the default shall not relieve the offending state of obligations or 5400 liabilities incurred during the period of default. 5401 (3) Termination of membership in this compact shall be imposed only after all other 5402 means of securing compliance have been exhausted. Notice of intent to suspend or terminate 5403 shall be given by the interstate commission to the governor of the defaulting state and to the 5404 executive officer of the defaulting state’s licensing board and each of the party states. 5405 (4) A state whose membership in this compact has been terminated is responsible for all 5406 assessments, obligations and liabilities incurred through the effective date of termination, 5407 including obligations that extend beyond the effective date of termination. 5408 (5) The interstate commission shall not bear any costs related to a state that is found to be 5409 in default or whose membership in this compact has been terminated unless agreed upon in 5410 writing between the interstate commission and the defaulting state. 5411 (6) The defaulting state may appeal the action of the interstate commission by petitioning 5412 the United States District Court for the District of Columbia or the federal district in which the CORRECTED 250 of 319 5413 interstate commission has its principal offices. The prevailing party shall be awarded all costs of 5414 such litigation, including reasonable attorneys’ fees. 5415 (c)(1) Upon request by a party state, the interstate commission shall attempt to resolve 5416 disputes related to the compact that arise among party states and between party and nonparty 5417 states. 5418 (2) The interstate commission shall promulgate rules providing for mediation and binding 5419 dispute resolution for disputes, as appropriate. 5420 (3) If the interstate commission cannot resolve disputes among party states arising under 5421 this compact: 5422 (i) the party states may submit the issues in dispute to an arbitration panel, which shall be 5423 comprised of individuals appointed by the compact administrator in each of the affected party 5424 states and an individual mutually agreed upon by the compact administrators of all the party 5425 states involved in the dispute; and 5426 (ii) the decision of a majority of the arbitrators shall be final and binding. 5427 (d)(1) The interstate commission, in the reasonable exercise of its discretion, shall 5428 enforce this compact. 5429 (2) By majority vote, the interstate commission may initiate legal action in the United 5430 States District Court for the District of Columbia or the federal district in which the interstate 5431 commission has its principal offices against a party state that is in default to enforce compliance 5432 with this compact and any rules and by-laws promulgated hereunder. The relief sought may CORRECTED 251 of 319 5433 include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing 5434 party shall be awarded all costs of litigation, including reasonable attorneys’ fees. 5435 (3) The remedies herein shall not be the exclusive remedies of the interstate commission. 5436 The interstate commission may pursue any other remedies available under federal or state law. 5437 Section 9. (a) This compact shall become effective and binding on the earlier of the date 5438 of legislative enactment of this compact into law by not less than 26 states or December 31, 5439 2018. All party states to this compact that were also were parties to the prior Nurse Licensure 5440 Compact, superseded by this compact, shall be deemed to have withdrawn from the prior 5441 compact within 6 months after the effective date of this compact. 5442 (b) Each party state to this compact shall continue to recognize a nurse’s multistate 5443 licensure privilege to practice in that party state issued under the prior compact until such party 5444 state has withdrawn from the prior compact. 5445 (c) Any party state may withdraw from this compact by enacting a law repealing the 5446 same. A party state’s withdrawal shall not take effect until 6 months after enactment of the 5447 repealing statute. 5448 (d) A party state’s withdrawal or termination shall not affect the continuing requirement 5449 of the withdrawing or terminated state’s licensing board to report adverse actions and significant 5450 investigations occurring prior to the effective date of such withdrawal or termination. 5451 (e) Nothing contained in this compact shall be construed to invalidate or prevent any 5452 nurse licensure agreement or other cooperative arrangement between a party state and a non- 5453 party state that is made in accordance with the other provisions of this compact. CORRECTED 252 of 319 5454 (f) This compact may be amended by the party states. No amendment to this compact 5455 shall become effective and binding upon the party states unless it is enacted into the laws of all 5456 party states. 5457 (g) Representatives of nonparty states to this compact shall be invited to participate in the 5458 activities of the interstate commission, on a nonvoting basis, prior to the adoption of this 5459 compact by all states. 5460 Section 10. This compact shall be liberally construed to effectuate its purposes. The 5461 provisions of this compact shall be severable and if any phrase, clause, sentence or provision of 5462 this compact is declared to be contrary to the constitution of any party state or of the United 5463 States or if the applicability thereof to any government, agency, person or circumstance is held to 5464 be invalid, the validity of the remainder of this compact and the applicability thereof to any 5465 government, agency, person or circumstance shall not be affected thereby. If this compact shall 5466 be held to be contrary to the constitution of any party state, this compact shall remain in full 5467 force and effect as to the remaining party states and in full force and effect as to the party state 5468 affected as to all severable matters. 5469 Section 11. The executive director of the board of registration in nursing or a designee 5470 thereof shall be the administrator of the nurse licensure compact for the commonwealth. 5471 Section 12. The board of registration in nursing shall adopt regulations in the same 5472 manner as all other states legally joining in the compact and may adopt additional regulations as 5473 necessary to implement this chapter. 5474 Section 13. The board of registration in nursing may recover from a nurse the costs of 5475 investigation and disposition of cases resulting in any adverse disciplinary action taken against CORRECTED 253 of 319 5476 that nurse’s license or privilege to practice. Funds collected pursuant to this section shall be 5477 deposited in the Quality in Health Professions Trust Fund established in section 35X of chapter 5478 10. 5479 Section 14. The board of registration in nursing may take disciplinary action against the 5480 practice privilege of a registered nurse or of a licensed practical or vocational nurse practicing in 5481 the commonwealth under a license issued by the party state. The board’s disciplinary action may 5482 be based on disciplinary action against the nurse’s license taken by the nurse’s home state. 5483 Section 15. In reporting information to the coordinated licensure information system 5484 under section 8 related to the nurse licensure compact, the board of registration in nursing may 5485 disclose personally identifiable information about the nurse, including the nurse’s social security 5486 number. 5487 Section 16. Nothing in this chapter, including the entrance of the commonwealth into the 5488 nurse licensure compact, shall supersede existing labor laws. 5489 Section 17. The commonwealth, its officers and employees, and the board of registration 5490 in nursing and its agents who act in accordance with this chapter shall not be liable for any act or 5491 omission in good faith while engaged in the performance of their duties under this chapter. Good 5492 faith shall not include willful misconduct, gross negligence or recklessness. 5493 Section 18. As part of the licensure and background check process for a multistate license 5494 and to determine the suitability of an applicant for multistate licensure, the board of registration 5495 in nursing, prior to issuing any such multistate license, shall conduct a fingerprint-based check of 5496 the state and national criminal history databases, as authorized by 28 CFR 20.33 and Public Law 5497 92-544. CORRECTED 254 of 319 5498 Fingerprints shall be submitted to the identification section of the department of state 5499 police for a state criminal history check and forwarded to the Federal Bureau of Investigation for 5500 a national criminal history check, according to the policies and procedures established by the 5501 state identification section and by the department of criminal justice information services. 5502 Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state 5503 identification section and the department of criminal justice information services for requests 5504 submitted by the board of registration in nursing as authorized in this section to ensure the 5505 continued suitability of these individuals for licensure. The department of criminal justice 5506 information services may disseminate the results of the state and national criminal background 5507 checks to the executive director of the board of registration in nursing and authorized staff of the 5508 board. 5509 All applicants shall pay a fee to be established by the secretary of administration and 5510 finance, in consultation with the secretary of public safety, to offset the costs of operating and 5511 administering a fingerprint-based criminal background check system. The secretary of 5512 administration and finance, in consultation with the secretary of public safety, may increase the 5513 fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check 5514 service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited 5515 into the Fingerprint-Based Background Check Trust Fund established in section 2HHHH of 5516 chapter 29. 5517 The board of registration in nursing may receive all criminal offender record information 5518 and the results of checks of state and national criminal history databases under Public Law 92- 5519 544. When the board of registration in nursing obtains the results of checks of state and national 5520 criminal history databases, it shall treat the information according to sections 167 to 178, CORRECTED 255 of 319 5521 inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record 5522 information. 5523 Notwithstanding subsections 9 and 9½ of section 4 of chapter 151B, if the board of 5524 registration in nursing receives criminal record information from the state or national fingerprint- 5525 based criminal background checks that includes no disposition or is otherwise incomplete, the 5526 agency head may request that an applicant for licensure provide additional information regarding 5527 the results of the criminal background checks to assist the agency head in determining the 5528 applicant’s suitability for licensure. 5529 SECTION 230. Section 2 of chapter 128 of the General Laws, as appearing in the 2022 5530 Official Edition, is hereby amended by striking out, in line 78, the word “October” and inserting 5531 in place thereof the following word:- December. 5532 SECTION 231. Section 5 of chapter 128A of the General Laws, as so appearing, is 5533 hereby amended by inserting after the word “racing”, in line 257, the following words:- or 5534 simulcasting under chapter 128C. 5535 SECTION 232. Subsection (5) of section 2 of chapter 128C of the General Laws, as most 5536 recently amended by section 6 of chapter 26 of the acts of 2023, is hereby further amended by 5537 striking out the first 2 sentences and inserting in place thereof the following 2 sentences:- The 5538 running horse racing meeting licensees located in Suffolk county and Worcester county may 5539 simulcast at any location in Suffolk county or Worcester county, respectively, as approved by the 5540 commission: (a) unlimited running horse racing; and (b) on any day during the calendar year, 5541 unlimited harness horse racing, except during live racing performances of the harness horse 5542 racing licensee located in Norfolk county. The Suffolk county and Worcester county horse racing CORRECTED 256 of 319 5543 licensees shall simulcast the racing cards of the harness horse racing licensee located in Norfolk 5544 county and shall pay a fee of 11 per cent for the intrastate racing cards and shall pay a 2 per cent 5545 premium with respect to any interstate harness horse simulcasts received over and above the 5546 costs of obtaining such simulcasts, except during any 12 weeks per year chosen by the Suffolk 5547 county or Worcester county licensees and identified in their annual applications for a racing 5548 meeting license, during which no premium need be paid. 5549 SECTION 233. Said chapter 128C is hereby further amended by adding the following 5550 section:- 5551 Section 10. (a) Notwithstanding sections 1 to 8, inclusive, or any other general or special 5552 law to the contrary, no racing meeting licensee, including licensees holding racing meetings in 5553 connection with a state or county fair as defined in section 1 of chapter 128A, shall be required 5554 to pay any fees or other money into the greyhound capital improvements trust fund or the 5555 greyhound promotional trust fund. 5556 (b) All amounts in the greyhound capital improvements trust fund and the greyhound 5557 promotional trust fund attributable to any greyhound dog racing meeting licensees shall be 5558 returned by the Massachusetts Gaming Commission to the licensees without further condition. 5559 SECTION 234. Section 1 of chapter 130 of the General Laws, as appearing in the 2022 5560 Official Edition, is hereby amended by striking out the definition of “Close season” and inserting 5561 in place thereof the following definition:- 5562 “Close season” or “closed season”, the time during which fish cannot lawfully be taken 5563 or a time or area when and where the use of fishing gear is prohibited. CORRECTED 257 of 319 5564 SECTION 235. Said section 1 of said chapter 130, as so appearing, is hereby further 5565 amended by inserting after the definition of “Fish car” the following 2 definitions:- 5566 “Fishing gear”, a trap, net, fish car or other device that: (i) is intact; (ii) functions as 5567 intended to take, hold or capture fish; and (iii) is in the water during open season. 5568 “Fishing gear debris”, a trap, net, fish car or other device that: (i) is not intact; (ii) does 5569 not function as intended to take, hold or capture fish; and (iii) is in the water during closed 5570 season. 5571 SECTION 236. Said section 1 of said chapter 130, as so appearing, is hereby further 5572 amended by striking out the definition of “Open season” and inserting in place thereof the 5573 following definition:- 5574 “Open season”, the time during which fish may lawfully be taken or a time or area where 5575 the use of a particular fishing gear is permitted. 5576 SECTION 237. Said chapter 130 is hereby further amended by striking out section 31, as 5577 so appearing, and inserting in place thereof the following section:- 5578 Section 31. No person shall, without the consent of the owner, take, use, destroy, injure 5579 or molest fishing gear. The division, with the approval of the marine fisheries advisory 5580 commission and the department, shall promulgate regulations that may authorize or permit the 5581 removal of fishing gear debris from the waters under the jurisdiction of the commonwealth and 5582 the adjacent coastal shoreline; provided, however, that fishing gear debris collected by the 5583 division shall not be subject to chapter 134. 5584 SECTION 238. Section 32 of said chapter 130 is hereby repealed. CORRECTED 258 of 319 5585 SECTION 239. Chapter 138 of the General Laws is hereby amended by striking out 5586 section 15F, as appearing in the 2022 Official Edition, and inserting in place thereof the 5587 following section:- 5588 Section 15F. (a) Notwithstanding any other provision of this chapter, the local licensing 5589 authority of any city or town in which the granting of licenses to sell alcoholic beverages is 5590 authorized in this chapter may issue to an applicant a special license to sell at an indoor or 5591 outdoor agricultural event: (i) wine produced by or for the applicant if the wine is in sealed 5592 containers for off-premises consumption and the applicant is authorized to operate a farmer- 5593 winery under section 19B; (ii) malt beverages produced by or for the applicant if the malt 5594 beverages are in sealed containers for off-premises consumption and the applicant is authorized 5595 to operate a farmer-brewery under section 19C or a pub brewery under section 19D; or (iii) 5596 distilled products produced by or for the applicant if the distilled product is in sealed containers 5597 for off-premises consumption and the applicant is authorized to operate a farmer-distillery under 5598 section 19E. For the purposes of this section, “agricultural event” shall be limited to those events 5599 certified by the department of agricultural resources pursuant to this section. 5600 (b) Sales of alcoholic beverages under this section shall be conducted by the licensee or 5601 by an agent, representative or solicitor of the licensee to customers who are not less than 21 years 5602 of age. A licensee under this section may provide, at no charge, samples of its alcoholic 5603 beverages to prospective customers at an indoor or outdoor agricultural event; provided, 5604 however, that such samples shall be served by the licensee or by the agent, representative or 5605 solicitor of the licensee to individuals who are at least 21 years of age and shall be consumed in 5606 the presence of the licensee or the agent, representative or solicitor of the licensee; provided 5607 further, that a sample of: (i) wine shall not exceed 1 ounce; (ii) a distilled product shall not CORRECTED 259 of 319 5608 exceed 0.25 ounce; and (iii) a malt beverage shall not exceed 2 ounces; and provided further, that 5609 not more than 5 samples of wine or malt beverages and not more than 4 samples of distilled 5610 products shall be served to an individual prospective customer. 5611 (c) An applicant for a special license under this section shall first submit a plan to the 5612 department of agricultural resources that shall demonstrate that the event is an agricultural event. 5613 The plan shall include: (i) a description of the event; (ii) the date, time and location of the event; 5614 (iii) a copy of the operational guidelines or rules for the event; (iv) written proof that the 5615 prospective licensee has been approved as a vendor at the event, including the name and contact 5616 information of the on-site manager; and (v) a plan depicting the premises and the specific 5617 location where the license shall be exercised. 5618 (d) Upon review of the plan, the department may certify that the event is an agricultural 5619 event; provided, however, that in making that determination, the department shall consider: (i) 5620 operation as a farmers' market or agricultural fair approved or inspected by the department; (ii) 5621 the frequency and regularity of the event, including dates, times and locations; (iii) the number of 5622 vendors; (iv) the terms of vendor agreements; (v) the presence of an on-site manager; (vi) the 5623 training of the on-site manager; (vii) any operational guidelines or rules, which shall include 5624 vendor eligibility and produce source; (viii) the focus of the event on local agricultural products 5625 grown or produced within the market area; (ix) the types of shows or exhibits, including those 5626 described in subsection (f) of section 2 of chapter 128; and (x) the event’s sponsorship or 5627 operation by an agricultural or horticultural society organized under the laws of the 5628 commonwealth or by a local grange organization or association that has a primary purpose of 5629 promoting agriculture and its allied industries. The department of agricultural resources may CORRECTED 260 of 319 5630 promulgate rules and regulations necessary for the operation, oversight, approval and inspection 5631 of agricultural events under this section. 5632 (e) In addition to its application, an applicant for a special license under this section shall 5633 file with the local licensing authority proof of certification from the department of agricultural 5634 resources that the event is an agricultural event. A special license under this section shall 5635 designate the specific premises and the dates and times covered. A special license may be 5636 granted for an indoor or outdoor agricultural event that takes place on multiple dates or times 5637 during a single calendar year, but a special license shall not be granted for an agricultural event if 5638 the event is not scheduled to take place within 1 calendar year. 5639 (f) The special license shall be conspicuously displayed at the licensed premises. A copy 5640 of a special license granted by the local licensing authority shall be submitted by the authority to 5641 the commission not less than 7 days before the date the agricultural event is scheduled to begin. 5642 The local licensing authority may charge a fee for each special license granted, but such fee shall 5643 not exceed $50. A special license granted under this section shall be nontransferable to any other 5644 person, corporation or organization and shall be clearly marked “nontransferable” on its face. 5645 (g) A special license under this section may be granted by a local licensing authority for a 5646 portion of premises that are licensed under section 12; provided, however that: (i) the holder of 5647 the special license shall document the legal basis for use of the premises; (ii) the area in which 5648 the special license is to be approved shall be physically delineated from the area remaining under 5649 the control of the holder of the license granted under said section 12; (iii) the holder of the 5650 special license shall be solely liable for all activities that arise out of the special license; and (iv) CORRECTED 261 of 319 5651 the holder of the special license shall not pay any consideration directly or indirectly to the 5652 holder of the license granted under said section 12 for the access to or use of the premises. 5653 SECTION 240. Section 19A of said chapter 138, as so appearing, is hereby amended by 5654 striking out, in line 3, the words “19C or 19D” and inserting in place thereof the following 5655 words:- 19C, 19D or 19E. 5656 SECTION 241. Section 19C of said chapter 138, as so appearing, is hereby amended by 5657 inserting after the word “premises”, in line 124, the following words:- or in accordance with 5658 section 15F. 5659 SECTION 242. Section 19D of said chapter 138, as so appearing, is hereby amended by 5660 inserting after the word “premises”, in line 126, the following words:- , or in accordance with 5661 section 15F. 5662 SECTION 243. Section 19E of said chapter 138, as so appearing, is hereby amended by 5663 inserting after the word “premises”, in line 125, the following words:- , or in accordance with 5664 section 15F. 5665 SECTION 244. Section 26 of said chapter 138, as so appearing, is hereby amended by 5666 striking out, in lines 3 and 22, the word “his” and inserting in place thereof, in each instance, the 5667 following word:- their. 5668 SECTION 245. Said section 26 of said chapter 138, as so appearing, is hereby further 5669 amended by inserting after the word “States” in lines 4 and 16, each time it appears, the 5670 following words:- or a qualified alien under the Immigration and Nationality Act, 8 U.S.C. 1101. CORRECTED 262 of 319 5671 SECTION 246. Said section 26 of said chapter 138, as so appearing, is hereby further 5672 amended by inserting after the word “citizen”, in line 6, the following words:- or qualified alien. 5673 SECTION 247. Said section 26 of said chapter 138, as so appearing, is hereby further 5674 amended by striking out, in line 16, the word “him” and inserting in place thereof the following 5675 word:- them. 5676 SECTION 248. Chapter 140 of the General Laws is hereby amended by striking out 5677 section 182A, as so appearing, and inserting in place thereof the following section:- 5678 Section 182A. (a) Every ticket of admission or other evidence of right of entry to any 5679 theatrical exhibition, public show or public amusement or exhibition required to be licensed by 5680 sections 181 and 182 for admission to which a price is charged, shall bear on its face the price 5681 charged for such ticket or other evidence of right of entry by the person issuing the same or 5682 causing the same to be issued. Whoever issues or causes to be issued such a ticket or other 5683 evidence of right of entry in violation of this section shall be punished by a fine of not more than 5684 $500. 5685 (b) A theatrical exhibition, public show or public amusement or exhibition, or an agent 5686 thereof, shall not restrict the transferability of a ticket sold unless the terms and conditions of the 5687 restrictions on transferability are clearly and conspicuously provided to the consumer prior to 5688 purchase and the consumer acknowledges receipt of such disclosure prior to purchase. 5689 (c) A ticket of admission to a theatrical exhibition, public show or public amusement or 5690 exhibition shall be considered a license. Venue operators, or operators’ agents, may maintain and 5691 enforce policies and conditions or requirements for ticket purchase with respect to conduct, CORRECTED 263 of 319 5692 behavior, public health and safety or age at the venue or event and may establish limits on the 5693 quantity of tickets that may be purchased. 5694 (d) The commissioner of the division of occupational licensure may undertake 5695 functionality testing, audits and other measures to ensure that a paperless ticketing system used 5696 for entry access to theatrical exhibitions, public shows or public amusements or exhibitions 5697 meets reasonable standards of reliability for providing entry to persons with verified authentic 5698 paperless tickets. 5699 SECTION 249. Said chapter 140 is hereby further amended further by striking out 5700 sections 185A to 185D, inclusive, as so appearing, and inserting in place thereof the following 4 5701 sections:- 5702 Section 185A. (a) No person shall engage in the business of selling tickets or the business 5703 of reselling or facilitating a mechanism for 2 or more parties to participate in the resale of any 5704 ticket of admission to any theatrical exhibition, public show or public amusement or exhibition 5705 required to be licensed under sections 181 and 182 or under chapter 128A, whether such business 5706 is conducted on or off the premises on which such ticket or other evidence is to be used, without 5707 being licensed by the commissioner of occupational licensure. 5708 (b) A license shall be granted only upon a written application setting forth such 5709 information as the commissioner of occupational licensure may require. Each license issued 5710 under this section shall be in force until the first day of January next after its date, unless sooner 5711 revoked. No such license shall be transferred or assigned except upon written permission of the 5712 commissioner of occupational licensure. The sale of a ticket or pass, entitling the holder of said 5713 ticket or pass to admission to any such theatrical exhibition, public show or public amusement or CORRECTED 264 of 319 5714 exhibition upon payment either of nothing or a sum less than that demanded of the public 5715 generally shall be deemed to be a resale pursuant to subsection (a). 5716 Section 185B. (a) The fee for each license granted under section 185A and for each 5717 annual renewal thereof shall be determined annually by the secretary of administration and 5718 finance under section 3B of chapter 7 for the filing thereof. 5719 (b) If any licensee demonstrates that their business provides a service to facilitate ticket 5720 transactions without charging any fees or surcharges above the established face value ticket 5721 price, on every transaction, except a reasonable and actual service charge for the delivery of 5722 tickets, then the fees for licensing may be waived at the discretion of the commissioner of 5723 occupational licensure. 5724 (c)(1) The applicant for a license shall file with the application a bond in the penal sum of 5725 $25,000, which bond shall be approved by the commissioner of occupational licensure. Each 5726 such bond shall be conditioned that the obligor: (i) shall not be guilty of any fraud or extortion; 5727 (ii) shall not violate directly or indirectly any of the provisions of sections 185A to 185F, 5728 inclusive, or any of the provisions of the license provided for in said sections; (iii) shall comply 5729 with the provisions of said sections 185A to 185F, inclusive; and (iv) shall pay all damages 5730 occasioned to any person by reason of any misstatement, misrepresentation, fraud or deceit or 5731 any unlawful act or omission that such obligor or their agents or employees, while acting within 5732 the scope of their employment, made, committed or omitted in connection with said sections in 5733 the business conducted under such license or caused by any other violation in carrying on the 5734 business for which such license is granted. One or more recoveries or payments upon such bond 5735 shall not vitiate the same but such bond shall remain in full force and effect; provided, however, CORRECTED 265 of 319 5736 that the aggregate amount of all such recoveries or payments shall not exceed the penal sum 5737 thereof. 5738 (2) Before drawing upon such bond, the commissioner of occupational licensure shall 5739 issue a determination in writing which shall include the basis of such action. The commissioner 5740 shall notify in writing the licensee of any such determination and shall afford the licensee an 5741 opportunity to respond within 20 days of the receipt of such determination. In no event may the 5742 bond be drawn upon in less than 25 days after the service of a determination to the licensee. Such 5743 written notice may be served by delivery thereof personally to the licensee or by certified mail to 5744 the last known business address of such licensee. Only upon such determination of the 5745 commissioner shall money be withdrawn from the bond. 5746 (3) The commencement of any action against the surety upon any such bond for a sum or 5747 sums aggregating or exceeding the amount of such bond shall require a new and additional bond 5748 in like amount as the original bond, which shall be filed within 30 days after the demand 5749 therefor. 5750 (4) Failure to file such bond within such period shall constitute cause for the revocation 5751 of the license theretofore issued to the licensee upon whom such demand shall have been made. 5752 (5) Any suit or action against the surety on any bond required by this section shall be 5753 commenced within 1 year after the cause of action shall have accrued. 5754 Section 185C. (a) For the purpose of this section, “ticket purchasing software” shall mean 5755 any machine, device, computer program or computer software that, on its own or with human 5756 assistance, bypasses security measures or access control systems on a retail ticket purchasing CORRECTED 266 of 319 5757 platform, or other controls or measures on a retail ticket purchasing platform that assist in 5758 implementing a limit on the number of tickets that can be purchased, to purchase tickets. 5759 (b) The commissioner of occupational licensure, after notice to the licensee and 5760 reasonable opportunity to be heard, may revoke a license or may suspend the license for such 5761 period as the commissioner may deem proper, upon satisfactory proof that the licensee has 5762 violated or permitted a violation of any condition of the license or of any rule or regulation of the 5763 commissioner under section 185E. If the license is revoked, the licensee shall be disqualified to 5764 receive a license for 1 year after the expiration of the term of the license so revoked. 5765 (c) No person, firm, corporation or other entity shall utilize or sell ticket purchasing 5766 software to purchase tickets. Any person, firm, corporation or other entity who knowingly 5767 utilizes ticket purchasing software to purchase tickets shall be subject to a civil penalty in an 5768 amount not less than $500 per violation and shall forfeit all profits made from the sale of any 5769 such unlawfully obtained tickets. Any person, firm, corporation or other entity who is a licensee 5770 who is adjudicated guilty of the following acts shall have their license revoked and may be 5771 barred from licensure for a period not to exceed 3 years if such licensee: (i) knowingly utilized 5772 ticket purchasing software in order to purchase tickets; (ii) knowingly resold or offered to resell a 5773 ticket that such licensee knew was obtained using ticket purchasing software; or (iii) 5774 intentionally maintained any interest in or maintained any control of the operation of ticket 5775 purchasing software to purchase tickets. 5776 (d) Any person, firm, corporation or other entity that has knowledge of the use of ticket 5777 purchasing software in violation of this chapter and fails to notify the office of the attorney 5778 general within 30 days shall be subject to a civil penalty in the amount of $500 per violation. CORRECTED 267 of 319 5779 Section 185D. (a) For the purpose of this section, “service charges” shall mean costs 5780 incurred by a licensee related solely to the procuring and selling of tickets to any theatrical 5781 exhibition, public show or public amusement or exhibition and not related to the general business 5782 operation of the licensee. Service charges shall include, but shall not be limited to, charges for 5783 messengers, postage and long-distance telephone calls, extensions of credit and costs attributable 5784 thereto. 5785 (b) No licensee under section 185A shall sell tickets, resell tickets or facilitate the sale or 5786 resale of any ticket to any theatrical exhibition, public show or public amusement or exhibition 5787 of any description without a guarantee to each purchaser of such sold or resold tickets that they 5788 shall provide a full refund of the amount paid by the purchaser, including, but not limited to, all 5789 service charges if any of the following occurs: (i) the event for which such ticket has been sold or 5790 resold is cancelled; (ii) the ticket received by the purchaser does not grant the purchaser 5791 admission to the event described on the ticket; (iii) the ticket was not delivered to the purchaser 5792 prior to the occurrence of the event, unless such failure of delivery was due to an act or omission 5793 of the purchaser; or (iv) the ticket fails to conform to its description as advertised unless the 5794 purchaser has pre-approved a substitution of tickets. Provision of a replacement ticket to the 5795 same event that is in a comparable location, where applicable, and at no additional cost to the 5796 consumer, shall be considered providing a full refund for the purposes of this section. 5797 (c) A licensee shall disclose in a clear and conspicuous manner the portion of the ticket 5798 price stated in dollars that represents a service charge or any other fee or surcharge to the 5799 purchaser. Such a disclosure of the total cost and fees shall be displayed in the ticket listing prior 5800 to the ticket being selected for purchase; provided, that the total ticket price, inclusive of any 5801 service charges or any other fee or surcharge but excluding taxes, shall be disclosed at the time CORRECTED 268 of 319 5802 of the initial presentation or listing of the ticket price. Disclosures of subtotals, fees, charges and 5803 any other component of the total price shall not be false or misleading and may not be presented 5804 more prominently or in a larger size than the total price. Failure to disclose the fees clearly and 5805 conspicuously or misrepresenting the total ticket price under this section shall constitute an 5806 unfair or deceptive act or practice under chapter 93A. 5807 (d) Any person, firm, corporation or other entity who violates this section may be barred 5808 from licensure for a period not to exceed 3 years and shall be subject to a civil penalty of not 5809 more than $5,000 per violation. 5810 (e) The imposition of a fee, on an annual or per order basis, for customers purchasing 5811 tickets other than by immediate payment therefor in cash, which includes a membership fee, 5812 office expenses and other costs of processing credit card orders, shall not be deemed a violation 5813 of this section. 5814 SECTION 250. Section 185E of said chapter 140, as so appearing, is hereby amended by 5815 inserting after the second sentence the following sentence:- A licensee shall keep full and 5816 accurate sets of records showing: (i) the prices at which all tickets have been bought and sold by 5817 such licensee; and (ii) the names and addresses of the person, firm or corporation from whom 5818 they were bought. 5819 SECTION 251. Section 4 of chapter 142A of the General Laws, as so appearing, is 5820 hereby amended by striking out, in line 5, the word “two” and inserting in place thereof the 5821 following figure:- 5. CORRECTED 269 of 319 5822 SECTION 252. Section 5 of said chapter 142A, as so appearing, is hereby amended by 5823 inserting after the word “jurisdiction”, in line 5, the following words:- or an arbitrator pursuant to 5824 section 4. 5825 SECTION 253. Said section 5 of said chapter 142A, as so appearing, is hereby further 5826 amended by striking out, in lines 9 to 13, inclusive, the words “owner has exhausted all 5827 customary and reasonable efforts to collect the judgment but the contractor has filed for 5828 bankruptcy, fled the jurisdiction or the owner is otherwise unable to collect such judgment after 5829 execution” and inserting in place thereof the following words:- contractor has failed to pay the 5830 judgment or award and the director has determined that reasonable efforts to collect have been 5831 made. 5832 SECTION 254. Section 7 of said chapter 142A, as so appearing, is hereby amended by 5833 striking out the first paragraph and inserting in place thereof the following paragraph:- 5834 An owner may make a claim to the fund only if the owner has complied with section 3, 5835 has obtained a judgment or arbitration award and has filed the claim to the fund not more than 7 5836 years from the date of the contract, the contractor has failed to pay the judgment or award and 5837 the director has determined that reasonable efforts to collect have been made. 5838 SECTION 255. Said section 7 of said chapter 142A, as so appearing, is hereby further 5839 amended by striking out, in lines 12 and 13, the words “ten thousand dollars” and inserting in 5840 place thereof the following figure:- $25,000. 5841 SECTION 256. Said section 7 of said chapter 142A, as so appearing, is hereby further 5842 amended by striking out, in lines 15 and 18, the words “seventy-five thousand dollars”, each time 5843 they appear, and inserting in place thereof, in each instance, the following figure:- $150,000. CORRECTED 270 of 319 5844 SECTION 257. Section 9 of said chapter 142A, as so appearing, is hereby amended by 5845 adding the following subsection:- 5846 (e) Prior to approving any application for registration or renewal conforming to the 5847 requirements of this chapter, the director shall refer identifying information regarding an 5848 applicant to the department of criminal justice information services, which shall obtain criminal 5849 offender record information but shall transmit to the director only information regarding any 5850 conviction of the applicant of gross fraud or cheat at common law, as defined in section 76 of 5851 chapter 266. 5852 SECTION 258. Section 15 of said chapter 142A is hereby repealed. 5853 SECTION 259. Section 17 of said chapter 142A, as appearing in the 2022 Official 5854 Edition, is hereby amended by striking out clause (17) and inserting in place thereof the 5855 following 4 clauses:- 5856 (17) engaging in gross fraud or cheat pursuant to section 76 of chapter 266; 5857 (18) having a license, certificate, registration or authority issued by another state or 5858 territory of the United States, the District of Columbia or a foreign state or nation with authority 5859 to issue such a license, certificate, registration or authority revoked, cancelled, suspended, not 5860 renewed or otherwise acted against, or if the holder has been disciplined, if the basis for the 5861 action would constitute a basis for disciplinary action in the commonwealth; 5862 (19) failing to repay the fund in full, including the appropriate amount of annual interest, 5863 for any amount paid from the fund because of the contractor’s or subcontractor’s conduct; or 5864 (20) violating any other provision of this chapter. CORRECTED 271 of 319 5865 SECTION 260. Said section 17 of said chapter 142A, as so appearing, is hereby further 5866 amended by adding the following paragraph:- 5867 For purposes of this section, the conduct of a contractor or subcontractor shall be deemed 5868 to include the conduct of their agents, employees, salespersons or subcontractors, whether or not 5869 an express relationship exists, if the work or activities is within the scope of the contract and not 5870 for additional work beyond the contract undertaken by separate agreement with the owner. 5871 SECTION 261. The first paragraph of section 18 of said chapter 142A, as so appearing, is 5872 hereby amended by adding the following sentence:- The director may also enter into a consent 5873 agreement with a registrant to impose 1 or more administrative penalties, including, but not 5874 limited to, voluntary revocation of the registration. 5875 SECTION 262. Section 53 of chapter 146 of the General Laws, as so appearing, is hereby 5876 amended by adding the following 2 subsections:- 5877 (h) A public high school that operates hoisting equipment as part of a vocational technical 5878 education program approved under chapter 74 shall be exempt from this section if the school: (i) 5879 has not less than 1 supervisory instructor who holds a license issued by the division of 5880 occupational licensure pursuant to this section and who is designated as the responsible person in 5881 charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on 5882 site at all times of operation; and (B) designated as the responsible person in charge of hoisting 5883 equipment during that period of operation; and (ii) provides an in-service training program for its 5884 instructors. 5885 (i) A training facility that is recognized by the division of apprentice standards and that 5886 trains apprentices for the occupation of operating engineer shall be exempt from this section if CORRECTED 272 of 319 5887 the facility: (i) has not less than 1 supervisory instructor who holds a license issued by the 5888 division of occupational licensure pursuant to this section and who is designated as the 5889 responsible person in charge of the hoisting equipment; provided, however, that the supervising 5890 instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in 5891 charge of hoisting equipment during that period of operation; and (ii) provides an in-service 5892 training program for its instructors. 5893 SECTION 263. Chapter 147 of the General Laws is hereby amended by striking out 5894 section 36 and inserting in place thereof the following 3 sections:- 5895 Section 36. At every boxing, kickboxing, mixed martial arts or other unarmed combative 5896 sporting event, sparring match or exhibition, there shall be in attendance a referee, duly licensed 5897 under this section and sections 35 and 35A. There shall also be in attendance not less than 3 5898 duly-licensed judges, each of whom shall, at the termination of a match or exhibition, vote for 5899 the contestant in whose favor the decision should, in their opinion, be rendered or, for a draw if, 5900 in their opinion, neither contestant is entitled to a decision in their favor and the decision shall be 5901 rendered in favor of the contestant receiving a majority of the votes or, if neither receives a 5902 majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a decision, 5903 the vote of each judge shall be announced from the ring. The referee shall have full power to stop 5904 the match or exhibition whenever they deem it advisable because of the physical condition of a 5905 contestant or when 1 contestant is clearly outclassed by their opponent or for other sufficient 5906 reason. The commission shall declare forfeited any prize, remuneration or purse or any part 5907 thereof belonging to a contestant if, in the judgment of a majority of the commissioners after 5908 consultation with the judges and the referee, the contestant was not competing in good faith. The CORRECTED 273 of 319 5909 fees of the referee and other licensed officials shall be fixed by the commission and shall be paid 5910 by the licensed organization prior to the match or exhibition. 5911 Section 36A. (a) The commission shall set forth rules and regulations for contracts 5912 between a manager and an unarmed combatant and contracts between a promoter and an 5913 unarmed combatant. An unarmed combatant shall not enter a contract with a manager or a 5914 promoter unless the contract is filed with the commission prior to a scheduled contest in an 5915 amount of time established by the commission. The commission shall only honor a contract that 5916 is executed and notarized on a form provided by the commission unless the contract terms 5917 comply with the requirements set forth by the commission. 5918 (b) The commission may invalidate, enforce, mediate or modify contracts pursuant to 5919 subsection (a). The commission may require that each contract include language authorizing the 5920 commission to withhold any portion of a promoter’s or manager’s share of a purse in the event of 5921 a contractual dispute with a contestant over their entitlement to any portion of a purse. 5922 (c) The commission shall be the sole arbiter of a breach of contract and shall establish 5923 rules governing the manner in which contract disputes shall be resolved. 5924 Section 36B. Whoever violates any provision of sections 32 to 51, inclusive, or who 5925 conducts themself at any time or place in a manner that is deemed by the commission to discredit 5926 any unarmed combative sports, may have their license revoked and be fined, suspended or 5927 otherwise disciplined in such manner as the commission may direct. 5928 SECTION 264. Said chapter 147 is hereby further amended by striking out section 39B 5929 and inserting in place thereof the following section:-  CORRECTED 274 of 319 5930 Section 39B. A person licensed under section 33 to conduct boxing, kickboxing, mixed 5931 martial arts or other unarmed combative sports events, sparring matches or exhibitions, except 5932 those persons to whom a special license may be granted thereunder without the requirement of a 5933 bond or payment of the annual fee, shall take out a policy of accident insurance on each 5934 contestant participating in the match or exhibition in an amount determined by the commission, 5935 but not less than $10,000, to compensate the contestant for medical and hospital expenses 5936 incurred as the result of injuries received in such match or exhibition and a policy in an amount 5937 determined by the commission, but not less than $100,000, to be paid to the estate of a deceased 5938 contestant in the event of the death of the contestant resulting from participation in the match or 5939 exhibition. The premiums on the policies shall be paid by the licensee. 5940 SECTION 265. Subsection (4) of section 25Q of chapter 152 of the General Laws, as 5941 appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- 5942 Subsection (1) shall not apply to groups that have been in existence for at least 5 years and have 5943 established a premium payment plan acceptable to the commissioner. 5944 SECTION 266. Section 2 of the chapter 167F of the General Laws, as so appearing, is 5945 hereby amended by striking out, in lines 343 and 344, the words “Massachusetts Growth Capital 5946 Corporation created under chapter 40W” and inserting in place thereof the following words:- 5947 growth capital division of the Massachusetts Development Finance Agency established in 5948 section 2 of chapter 23G. 5949 SECTION 267. Paragraph 14G of section 63 of chapter 175 of the General Laws, as so 5950 appearing, is hereby amended by striking out clauses (2) and (3) and inserting in place thereof 5951 the following 3 clauses:- CORRECTED 275 of 319 5952 (2) initially rated NAIC 1 or NAIC 2 subsequent to such acquisition, either by the NAIC- 5953 SVO or by the insurer pursuant to a filing exemption in accordance with the requirements of the 5954 NAIC-SVO; 5955 (3) are provisionally rated NAIC 1Z or NAIC 2Z by the insurer in accordance with the 5956 requirements of the NAIC-SVO; provided, however, that in the event that the provisionally rated 5957 bonds, notes, evidences of indebtedness or contractual obligations for the payment of money or 5958 the long-term debt of the institution or institutions issuing, assuming or guaranteeing the bonds, 5959 notes, evidences of indebtedness or contractual obligations for the payment of money 5960 subsequently fail to qualify under clause (1) or (2) after any appeal by the insurer within the 5961 applicable time periods specified by the NAIC-SVO, the bonds, notes, evidences of indebtedness 5962 or contractual obligations for the payment of money shall no longer qualify as permitted 5963 investments under this paragraph; provided further, that no company may invest more than an 5964 aggregate of 2 per cent of its admitted assets in bonds, notes, evidences of indebtedness or 5965 contractual obligations for the payment of money issued, guaranteed or insured by any one 5966 institution pursuant to this paragraph; or 5967 (4) are of an exchange-traded fund registered pursuant to the Investment Company Act of 5968 1940; provided, that: 5969 (i) the exchange-traded fund is solvent and reported not less than $100,000,000 of net 5970 assets in its latest annual or more recent certified audited financial statement; 5971 (ii) the exchange-traded fund operates as a corporation, trust or other substantially similar 5972 legal structure registered with the Securities and Exchange Commission pursuant to the 5973 Investment Company Act of 1940, and the offered shares of the exchange-traded fund are CORRECTED 276 of 319 5974 registered under the Securities Act of 1933; provided, however, that each exchange-traded fund 5975 shall be treated as the issuer of the securities issued by the fund for the purposes of this 5976 paragraph; 5977 (iii) the NAIC-SVO has designated the exchange-traded fund as meeting the criteria to be 5978 placed on the list promulgated by the NAIC-SVO of exchange-traded funds eligible for reporting 5979 as a long-term bond in the purposes and procedures manual of the NAIC-SVO or a successor 5980 publication; and 5981 (iv) the amount of the domestic stock or mutual life company’s investment in the 5982 exchange-traded fund does not exceed 15 per cent of said company’s capital and surplus. 5983 Subclause (iii) shall not authorize a domestic stock or mutual life company to invest in a 5984 bond exchange-traded fund that has embedded structural features designed to deliver 5985 performance that does not track the full unlevered and positive return of the underlying index or 5986 exposure, including a leverage or inverse exchange-traded fund. 5987 An insurer may deposit with the department shares of a bond exchange-traded fund 5988 described by clause (4) as a statutory deposit if state law requires a statutory deposit from the 5989 insurer. 5990 SECTION 268. Section 85W of chapter 231 of the General Laws, as so appearing, is 5991 hereby amended by inserting after the word “compensation”, in line 2, the following words:- in 5992 excess of $500 per year. 5993 SECTION 269. Section 35C of chapter 244 of the General Laws, as so appearing, is 5994 hereby amended by adding the following subsection:- CORRECTED 277 of 319 5995 (i)(1) For purposes of this subsection, the following words shall have the following 5996 meanings unless the context clearly requires otherwise: 5997 “Entity”, an entity with a tax-exempt filing status under section 501(c)(3) of the Internal 5998 Revenue Code or an entity controlled by an entity with such tax-exempt filing status. 5999 “Shared appreciation mortgage”, a mortgage or security instrument that is a second lien 6000 on the residential property for the percentage of shared appreciation required to be paid under the 6001 accompanying shared appreciation promissory note and secured by such shared appreciation 6002 mortgage. 6003 “Shared appreciation”, the percentage share of the appreciation in the value of a 6004 residential property as defined in a shared appreciation mortgage and shared appreciation 6005 promissory note. 6006 (2) If an entity obtains from a person acquiring or re-acquiring a residential property a 6007 shared appreciation mortgage encumbering such residential property that secures the contingent 6008 right of the entity to receive a percentage share of the appreciation in value of such residential 6009 property upon: (i) the sale, conveyance, assignment or other transfer thereof; (ii) refinancing or 6010 other payoff or satisfaction of the new first priority mortgage loan encumbering such residential 6011 property; or (iii) the occurrence of other events specified in such shared appreciation mortgage or 6012 such shared appreciation promissory note, including reaching a defined maturity date, then the 6013 entity and the maker, lender, grantor or holder of the new first priority mortgage loan shall not be 6014 liable for monetary relief, injunctive relief or other equitable relief at common law or by statute, 6015 including chapter 93A, chapter 140D, chapter 183C and section 49 of chapter 271 for the use of 6016 or the terms of said shared appreciation mortgage or shared appreciation promissory note, so CORRECTED 278 of 319 6017 long as such person receives a full disclosure, in writing as required herein and in advance of the 6018 closing of such person’s acquisition or re-acquisition of such residential property, stating that 6019 such person will be required to enter into a shared appreciation mortgage and shared appreciation 6020 promissory note to such entity at said closing and upon such person’s entering into a new first 6021 priority mortgage loan. A shared appreciation mortgage and shared appreciation promissory note 6022 offered under this subsection shall be permitted only if a person has received notice or is 6023 otherwise shown to be not less than 90 days delinquent on their prior mortgage loan. An offer for 6024 a shared appreciation mortgage shall be invalid if there is no reduction of the prior delinquent 6025 mortgage loan principal the person owes or owed when the person acquires or re-acquires such 6026 residential property and enters into a new first priority mortgage loan. 6027 (3) An entity shall not offer a shared appreciation mortgage and shared appreciation 6028 promissory note to a person without first providing written notice disclosing substantially the 6029 following information: 6030 Notice of Shared Appreciation Mortgage Agreement 6031 In connection with your acquisition or re-acquisition of your property at 6032 _______________, the undersigned entity intends to make an offer to you to enter into a shared 6033 appreciation mortgage and shared appreciation promissory note. Please be advised that under 6034 such shared appreciation mortgage and promissory note: 6035 You will not be required to make any payment on the shared appreciation mortgage or 6036 shared appreciation note during the mortgage term. 6037 You must pay the shared appreciation mortgage upon refinancing of your new first 6038 priority mortgage loan or upon the sale of the property. CORRECTED 279 of 319 6039 Your percentage of shared appreciation will be based on the amount that your prior 6040 mortgage debt has been reduced. 6041 (4) Said written notice may include substantially the following information: 6042 You are encouraged to discuss this agreement with family, community service providers, 6043 housing counselors or others at any time during this mortgage process. If you fail or refuse to 6044 seek housing counseling, the entity may choose not to proceed. A list of housing counselors 6045 certified by the United States Department of Housing and Urban Development is enclosed with 6046 this notice or has otherwise been provided. 6047 In order to proceed with this transaction, you must sign, date and return this notice to us 6048 promptly, but in not less than 7 days after your receipt of this notice. 6049 By signing this notice, you are not bound to proceed to enter into a shared appreciation 6050 mortgage and promissory note. The entity has no obligation to proceed to assist you with 6051 acquiring or reacquiring a residential property or otherwise proceed to negotiate a shared 6052 appreciation mortgage and promissory note. No shared appreciation mortgage or promissory note 6053 shall be binding on you or the entity until a final shared appreciation mortgage and note are 6054 signed and dated by both you and the entity. 6055 Your shared appreciation mortgage and promissory note shall become due and payable 6056 upon the sale, conveyance, assignment or other transfer of your residential property, upon 6057 refinancing of the new first priority mortgage loan encumbering such residential property, or 6058 other payoff or satisfaction of such new first priority mortgage loan, or upon the occurrence of 6059 other events specified in the shared appreciation mortgage or shared appreciation promissory 6060 note, including reaching a defined maturity date. CORRECTED 280 of 319 6061 (5) The attorney general may promulgate rules and regulations to implement this 6062 subsection. 6063 SECTION 270. Section 1 of chapter 270 of the General Laws, as so appearing, is hereby 6064 amended by striking out, in lines 2 and 3, the words “, grains of paradise”. 6065 SECTION 271. The ninth paragraph of section 10 of chapter 498 of the acts of 1993, as 6066 amended by section 142 of chapter 268 of the acts of 2022, is hereby further amended by striking 6067 out the last sentence. 6068 SECTION 272. Said section 10 of said chapter 498, as so amended, is hereby further 6069 amended by adding the following paragraph:- 6070 Notwithstanding the provisions of any general or special law to the contrary and 6071 notwithstanding any provision to the contrary in the Devens Reuse Plan or by-laws: (i) there 6072 shall be no square foot limit or cap on the amount of commercial or industrial development that 6073 may occur within Devens; and (ii) there shall be no limit or cap on the number of residential 6074 units that may be developed within Devens. Nothing in the foregoing sentence shall modify other 6075 provisions of the by-laws regulating the development of housing within Devens or requiring the 6076 issuance of development permits by the Devens Enterprise Commission for specific projects. 6077 SECTION 273. Paragraph (ii) of subsection (g) of section 4 of chapter 152 of the acts of 6078 1997, as amended by section 2 of chapter 256 of the acts of 2006, is hereby further amended by 6079 striking out the first sentence and inserting in place thereof the following sentence:- The 6080 authority shall allow the South Boston Community Development Foundation to sponsor not less 6081 than 3 events annually at the Boston Convention and Exhibition Center and not less than 6 events CORRECTED 281 of 319 6082 annually at the Lawn on D to raise funds for the South Boston Community Development 6083 Foundation as provided for herein and shall include access to on site parking facilities. 6084 SECTION 274. Chapter 195 of the acts of 2014, as amended by section 207 of chapter 6 6085 of the acts of 2017, is hereby further amended by inserting after section 4 the following section:- 6086 Section 4A. The Boston convention and exhibition center in the city of Boston shall be 6087 designated and known as the Thomas Michael Menino Convention and Exhibition Center. The 6088 Authority shall erect and maintain suitable markers bearing such designation. 6089 SECTION 275. Item 7066-8110 of section 2 of chapter 113 of the acts of 2018 is hereby 6090 amended by striking out the words “for heating, ventilation and air conditioning systems at the 6091 University of Massachusetts at Dartmouth” and inserting in place thereof the following words:- 6092 for capital improvements for the premises located at 182 Union street in the city of New 6093 Bedford. 6094 SECTION 276. Item 7002-8036 of section 2 of chapter 358 of the acts of 2020 is hereby 6095 amended by striking out the words “the University of Massachusetts at Dartmouth Star Store 6096 college of visual and performing arts campus” and inserting in place thereof the following 6097 words:- the Star Store located at 182 Union street. 6098 SECTION 277. Section 148 of chapter 24 of the acts of 2021 is hereby amended by 6099 striking out the figure "2025" and inserting in place thereof the following figure:- 2030. 6100 SECTION 278. Section 73 of chapter 2 of the acts of 2023 is hereby amended by striking 6101 out the words "August 1, 2024", each time they appear, and inserting in place thereof, in each 6102 instance, the following words:- "December 31, 2024". CORRECTED 282 of 319 6103 SECTION 279. (a) There shall be within the executive office of economic development a 6104 5-year surety bond assistance pilot program to encourage the participation of economically and 6105 socially disadvantaged businesses in bidding for and securing contracts for capital projects. The 6106 program may include, but shall not be limited to: 6107 (i) providing technical assistance to eligible contractors to secure surety bonds; and 6108 (ii) providing financial assistance to guarantee surety bonds required on behalf of the 6109 commonwealth or on behalf of any county, city, town, district or other political subdivision of 6110 the commonwealth or other public instrumentality for the construction, reconstruction, alteration, 6111 remodeling, repair or demolition of public buildings or other public works. 6112 (b) The executive office of economic development shall establish eligibility requirements 6113 and other program terms through regulations or program guidelines; provided, however, that 6114 such eligibility requirements shall, to the extent possible, prioritize financial assistance provided 6115 by the program to promote participation of businesses owned by persons from socially and 6116 economically disadvantaged groups for whom access to capital facility projects and state assisted 6117 building projects in the commonwealth has been historically limited. The executive office may 6118 administer the program through 1 or more contracts with the Massachusetts Development 6119 Finance Agency or Massachusetts Growth Capital Corporation. 6120 (c) Not later than December 31 of each year, the executive office of economic 6121 development shall submit a report to the clerks of the house of representatives and the senate and 6122 the joint committee on economic development and emerging technologies detailing the activities 6123 of the program in the previous year, including, but not limited to, an analysis of the provision of 6124 technical and financial assistance services and its impact on increasing access and participation CORRECTED 283 of 319 6125 in capital projects for historically disadvantaged groups. The report shall be made public on the 6126 executive office of economic development’s website. 6127 (d) The secretary of economic development may promulgate regulations or program 6128 guidelines as necessary to implement this section. 6129 (e) Implementation of this section shall be subject to the United States Treasury’s 6130 approval to use federal funding for the purposes described herein. 6131 SECTION 280. (a) For purposes of this section, the following words shall, unless the 6132 context clearly requires otherwise, have the following meanings: 6133 “Approval”, except as otherwise provided in subsection (b), any permit, certificate, order, 6134 excluding enforcement orders, license, certification, determination, exemption, variance, waiver, 6135 building permit or other approval or determination of rights from any municipal, regional or state 6136 governmental entity, including any agency, department, commission or other instrumentality 6137 thereof, concerning the use or development of real property, and any environmental permit, 6138 including certificates, licenses, certifications, determinations, exemptions, variances, waivers, 6139 building permits or other approvals or determinations of rights issued or made under chapter 21 6140 of the General Laws, chapter 21A of the General Laws except section 16 of said chapter 21A, 6141 chapter 21D of the General Laws, section 3B of chapter 21E of the General Laws, sections 61 to 6142 62L, inclusive, of chapter 30 of the General Laws, chapter 30A of the General Laws, chapter 40 6143 of the General Laws, chapters 40A to 40C, inclusive, of the General Laws, chapter 40R of the 6144 General Laws, chapter 40Y of the General Laws, chapter 41 of the General Laws, chapter 43D of 6145 the General Laws, section 21 of chapter 81 of the General Laws, chapter 91 of the General Laws, 6146 chapter 131 of the General Laws, chapter 131A of the General Laws, chapter 143 of the General CORRECTED 284 of 319 6147 Laws, sections 4 and 5 of chapter 249 of the General Laws, chapter 258 of the General Laws or 6148 chapter 665 of the acts of 1956 or any local by-law or ordinance. 6149 “Development”, division of a parcel of land into 2 or more parcels, the construction, 6150 reconstruction, conversion, structural alteration, relocation or enlargement of a building or other 6151 structure or facility or any grading, soil removal or relocation, excavation or landfill or any use 6152 or change in the use of any building or other structure or land or extension of the use of land. 6153 “Tolling period”, the period from January 1, 2023 to January 1, 2025, inclusive. 6154 (b)(1) Notwithstanding any general or special law to the contrary, an approval in effect or 6155 existence during the tolling period shall be extended for a period of 2 years in addition to the 6156 lawful term of the approval; provided, however, that nothing in this section shall extend or 6157 purport to extend: (i) a permit or approval issued by the United States government or an agency 6158 or instrumentality thereof or a permit or approval of which the duration of effect or the date or 6159 terms of its expiration are specified or determined under a law or regulation of the United States 6160 government or an agency or instrumentality thereof; (ii) a permit, license, privilege or approval 6161 issued by the division of fisheries and wildlife under chapter 131 of the General Laws; (iii) an 6162 approval, determination, exemption, certification, statement of qualification or any other 6163 administrative action by the department of energy resources under 225 CMR 20.00, subsection 6164 (c) of section 17 of chapter 25A of the General Laws or corresponding regulations under 225 6165 CMR 21.00; (iv) any agreement entered into by the Massachusetts Department of Transportation 6166 or the Massachusetts Bay Transportation Authority or any permit, license or approval issued by 6167 the department or authority relating to the sale, acquisition or lease or development of real 6168 property owned in whole or in part by the department or authority or the sale, acquisition, lease CORRECTED 285 of 319 6169 or development of any interest therein related to such real property pursuant to chapter 6C or 6170 chapter 161A of the General Laws; or (v) any enforcement order, consent decree or settlement 6171 agreement. 6172 (2) Nothing in this section shall affect the ability of a municipal, regional or state 6173 governmental entity, including an agency, department, commission or other instrumentality 6174 thereof, to revoke or modify a specific permit or approval, or extension of a specific permit or 6175 approval, under this section, when that specific permit or approval or the law or regulation under 6176 which the permit or approval was issued contains language authorizing the modification or 6177 revocation of the permit or approval. 6178 (3) If an approval tolled under this section is based upon the connection to a sanitary 6179 sewer system, the extension of the approval shall be contingent upon the availability of sufficient 6180 capacity, on the part of the treatment facility, to accommodate the development for whose 6181 approval has been extended. If sufficient capacity is not available, then the permit holders whose 6182 approvals have been extended shall have priority with regard to the further allocation of 6183 gallonage over the permit holders who have not received approval of a hookup prior to the 6184 effective date of this section. Priority regarding the distribution of further gallonage to a permit 6185 holder who has received the extension of an approval under this section shall be allocated in 6186 order of the granting of the original approval of the connection. 6187 (4) If an owner or petitioner sells or otherwise transfers a property or project in order for 6188 an approval to receive an extension, all commitments made by the original owner or petitioner 6189 under the terms of the permit shall be assigned to and assumed by the new owner or petitioner. If CORRECTED 286 of 319 6190 the new owner or petitioner does not meet or abide by such commitments, then the approval shall 6191 not be extended under this section. 6192 (5) Nothing in this section shall be construed or implemented in such a way as to modify 6193 a requirement of law that is necessary to retain federal delegation to or assumption by the 6194 commonwealth of the authority to implement a federal law or program. 6195 (6) Any project covered by approval in effect during the tolling period shall be governed 6196 by the applicable provisions of any local ordinance or by-law, if any, in effect at the time of the 6197 granting of the approval, unless the owner or petitioner of such project elects to waive the 6198 provisions of this section. 6199 SECTION 281. The Massachusetts clean energy technology center, in consultation with 6200 the executive office of economic development, shall set benchmarks for the climatetech tax 6201 incentive program established in section 16 of chapter 23J of the General Laws, inserted by 6202 section 99. After the program has been in effect for 5 years, the center, in consultation with the 6203 executive office of economic development, shall conduct an evaluation of the program by 6204 comparing climatetech advancements in the commonwealth against the benchmarks. The center 6205 shall review progress made towards the goals of developing and expanding climatetech industry- 6206 related employment opportunities and climatetech-related economic development by supporting 6207 and stimulating research, development, innovation, manufacturing, deployment and 6208 commercialization in the climatetech sector. The center shall submit a written report to the clerks 6209 of the house of representatives and the senate, the house and senate committees on ways and 6210 means, the joint committee on economic development and emerging technologies, the joint CORRECTED 287 of 319 6211 committee on telecommunications, utilities and energy, the joint committee on environment and 6212 natural resources and the joint committee on agriculture not later than December 31, 2029. 6213 SECTION 282. The Massachusetts office of business development, in conjunction with 6214 the commissioner of revenue, shall report on the impact of the live theater tax credit pursuant to 6215 subsection (ff) of section 6 of chapter 62 of the General Laws and section 38QQ of chapter 63 of 6216 the General Laws and shall submit the report to the clerks of the house of representatives and the 6217 senate, the house and senate committees on ways and means and the joint committee on 6218 economic development and emerging technologies not later than December 31, 2028. The office 6219 and commissioner shall collaborate with the live theater industry to collect the relevant data for 6220 the report. The report shall include data to assess the direct and indirect economic impacts of the 6221 live theater tax credit on the economy of the commonwealth, including, but not limited to, 6222 estimates of theater tickets sales to domestic and international visitors, spending by live theater 6223 productions on adjacent businesses, wages paid for setting up and taking down productions and 6224 impacts on businesses in proximity to theaters, including, but not limited to, hotels and 6225 restaurants. 6226 SECTION 283. (a) Notwithstanding section 39M of chapter 30 of the General Laws, 6227 chapter 149 of the General Laws and chapter 149A of the General Laws, a public agency or 6228 municipality may require a project labor agreement on contracts for public works construction 6229 and may require the project labor agreement to be incorporated into the contract specifications; 6230 provided, that prior to including a project labor agreement requirement, the public agency or 6231 municipality shall make a determination prior to issuing a request for proposals or bids that the 6232 project labor agreement on a specific project is in the best interest of the commonwealth, public 6233 agency or municipality. CORRECTED 288 of 319 6234 (b) In making a determination of the best interest of the commonwealth, public agency or 6235 municipality pursuant to subsection (a), the agency or municipality shall consider the effects a 6236 project labor agreement may have on: (i) construction efficiency, cost and direct and indirect 6237 economic benefits to the public agency or municipality; (ii) the availability of a sufficient supply 6238 of skilled, qualified workers to complete the project; (iii) the timing of, and the prevention of 6239 delays or disruptions to, the construction process; (iv) the safety and quality of the public 6240 construction project; (v) the expansion of registered apprenticeship programs and workforce 6241 development in the construction industry; and (vi) the promotion of employment and training 6242 opportunities for women, minority workers and veterans. 6243 (c) The department of labor standards shall promulgate regulations to increase diversity 6244 of contractors in project labor agreements, including, but not limited to: (i) incentivizing a certain 6245 percentage of contracts with minority-owned businesses; and (ii) demographics of the workforce 6246 reflecting the demographics, to the extent possible, where a project is located. 6247 SECTION 284. Notwithstanding chapter 31 of the General Laws or any other general or 6248 special law to the contrary, a city or town, on behalf of which legislation has been duly filed with 6249 the general court between January 4, 2023 and July 31, 2024, inclusive, to remove any or all 6250 positions within the police or fire department of the city or town and which includes an 6251 documented local approval as acknowledged by the clerk of the senate or house of 6252 representatives, may exempt any position within the police or fire department as specified within 6253 such legislation without the need for any further action by the general court on such legislation; 6254 provided, however, that any city or town that seeks an exemption pursuant to this section shall 6255 submit a letter indicating that the city or town still seeks such exemption from said chapter 31 to 6256 the personnel administrator of the division of human resources within the executive office for CORRECTED 289 of 319 6257 administration and finance, the joint committee on public service and the chair of the civil 6258 service commission duly signed by: (i) the mayor or city manager, in the case of a city, or the 6259 chair of the select board or town manager, in the case of a town; and (ii) the police chief or fire 6260 chief, as applicable, of the department seeking exemption; provided further, that any such letter 6261 shall be received by the personnel administrator of the division of human resources in proper 6262 form not later than February 15, 2025; and provided further, that the exemption for the position 6263 or department for which such letter is so submitted shall take effect on March 1, 2025. 6264 SECTION 285. (a) Notwithstanding section 4 of chapter 128C of the General Laws, 6265 section 11 of chapter 494 of the acts of 1978 or any other general or special law to the contrary, 6266 the running horse racing licensee in Suffolk county that conducted simulcasting as of December 6267 31, 2020 and the greyhound dog racing meeting licensee located in Bristol county shall not be 6268 obligated to make any further payments into the Running Horse Capital Improvements Trust 6269 Fund, established pursuant to said section 11 of said chapter 494. 6270 (b) All amounts in the Running Horse Capital Improvements Trust Fund attributable to 6271 any greyhound dog racing meeting licensees shall be returned by the Massachusetts Gaming 6272 Commission to the licensees without further condition. 6273 SECTION 286. (a) Notwithstanding section 17 of chapter 138 of the General Laws or 6274 any other law, rule, regulation or provision to the contrary, the licensing board for the city of 6275 Boston may grant 1 non-transferable restricted license for the sale of all alcoholic beverages to 6276 be drunk on the premises pursuant to section 12 of said chapter 138 to The Boston Landing Hotel 6277 Project located at 178-170 Guest street in the Brighton section of the city of Boston approved by 6278 the board of the Boston Redevelopment Authority, and is located within Planned Development CORRECTED 290 of 319 6279 Area No. 87, Boston Landing, Guest street and Life street in the Brighton section of the city of 6280 Boston. 6281 (b) If a licensee pursuant to subsection (a) terminates or fails to renew the license or if the 6282 license is cancelled, revoked or otherwise no longer in use, the license shall be returned 6283 physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the 6284 licensing board and the licensing board may then grant that license to a new applicant within 6285 Planned Development Area No. 87, Boston Landing in the Brighton section of the city of 6286 Boston. The licensing board shall not approve the transfer of the license granted pursuant to this 6287 section to a location outside of said Planned Development Area No. 87 in the Brighton section of 6288 the city of Boston. 6289 SECTION 287. Notwithstanding any general or special law to the contrary, the secretary 6290 of administration and finance, following a public hearing, shall increase the fee for obtaining or 6291 renewing a license, certificate, registration, permit or authority issued by a board within the 6292 department of public health, excluding the board of registration in medicine, as necessary to 6293 implement the provisions of chapter 112A of the General Laws. The amount of the increase in 6294 fees shall be deposited in the Quality in Health Professions Trust Fund established in section 6295 35X of chapter 10 of the General Laws. 6296 SECTION 288. (a) Notwithstanding any general or special law to the contrary, the 6297 department of elementary and secondary education shall study the feasibility of establishing a 6298 program that allows certain educator candidates to complete the testing requirements pursuant to 6299 section 38G of chapter 71 of the General Laws at no cost to candidates. Such program shall 6300 apply to candidates who are determined by the department to qualify for financial assistance, or CORRECTED 291 of 319 6301 have: (i) attempted to complete the testing requirements pursuant to said section 38G of said 6302 chapter 71; (ii) failed to meet the minimum score requirements established by the department; 6303 and (iii) earned a score or scores within 1 standard error of measurement of passing, as 6304 determined by the department. The study may include analysis of prior or existing voucher 6305 systems designed to pay for licensure test fees. 6306 (b) Not later than October 1, 2025, the department shall file a report, including any 6307 analysis or recommendations on the feasibility of the program with the clerks of the senate and 6308 the house of representatives and the joint committee on education. 6309 SECTION 289. (a) Notwithstanding any general or special law to the contrary, the 6310 department of elementary and secondary education shall conduct a study and report on potential 6311 initiatives to incentivize diverse and highly effective educators to work in high-needs schools 6312 and districts, including incentives to recruit new and diverse teachers to high-needs schools and 6313 policies or practices to retain diverse and effective teachers currently teaching in high-needs 6314 schools. For the purposes of this section, “high-needs schools or districts” shall mean a school or 6315 district with a high percentage of low-income students and English learners, which may include a 6316 school or district implementing a turnaround plan. 6317 (b) Not later than October 1, 2025, the department shall file a report with the clerks of the 6318 senate and house of representatives and the joint committee on education, including any analysis 6319 or recommendations. The report shall include, but not be limited to: (i) a survey of educator 6320 salaries and benefits across school districts and charter schools; (ii) an assessment of potential 6321 incentives to attract educators to high-needs school districts, including but not limited to the 6322 establishment of loan forgiveness, scholarship and housing support programs and the status of CORRECTED 292 of 319 6323 such currently or previously existing state programs; (iii) the feasibility of financial incentives 6324 for achieving National Board certification; (iv) the feasibility of establishing a master educator 6325 corps program to be administered by the department and to incentivize educators that have 6326 achieved a certain level of mastery to transfer to high-needs school districts; (v) an assessment of 6327 a salary parity scale for educators that have switched to high-needs school districts; (vi) any 6328 other program, as determined by the department, to help meet the educator requirements of high- 6329 needs school districts; and (vii) an assessment of any additional actions necessary to achieve 6330 these objectives. 6331 SECTION 290. Notwithstanding any general or special law to the contrary, the 6332 department of elementary and secondary education shall, subject to appropriation, develop and 6333 administer a pilot program for teacher apprenticeships. 6334 (b) The department shall file a report with the clerks of the senate and house of 6335 representatives and the joint committee on education not more than 1 year after the completion 6336 of the pilot on the outcome of the pilot program and recommendations related to making the 6337 apprenticeship program permanent. 6338 SECTION 291. (a) Notwithstanding any general or special law to the contrary, the 6339 division of capital asset management and maintenance may enter into an agreement to accept 6340 title to the property at 182 Union street in the city of New Bedford conveying the premises as 6341 covered by a lease dated February 28, 2000, as amended. Said conveyance shall take place as 6342 soon as possible and a deed of conveyance shall be executed by the seller to the commonwealth 6343 of the premises at 182 Union street in the city of New Bedford. The donation of the real estate 6344 for exclusively public purposes, prior to acceptance by the division, shall require an independent CORRECTED 293 of 319 6345 appraisal of the property’s fair market value and a phase I environmental study to ensure that the 6346 property has no environmental damage or other environmental issues that would expose the 6347 division to liability. The inspector general shall review and comment on the appraisal and study 6348 within 60 days of receipt. Following the appraisal and phase I environmental study, the 6349 division’s legal counsel shall issue a written opinion regarding acceptance of the proposed real 6350 estate donation for final review and an acceptance decision by the secretary of administration and 6351 finance, which shall consider the: (i) usefulness of the property for public purposes including, but 6352 not limited to, artist lofts, studios and public gallery space; (ii) marketability of the property 6353 relative to its condition; (iii) any restrictions, reservations, easements or other limitations 6354 associated with the property; (iv) the results of the environmental study; and (v) any potential 6355 liability for cleanup or restoration of the property that may be imposed upon a transferee by law. 6356 (b) Within 180 days of acceptance by the secretary pursuant to subsection (a) and 6357 subsequent conveyance of said property to the commonwealth, the division shall hold at least 6358 one 1 public hearing in the city of New Bedford in collaboration with the Waterfront Historic 6359 Area League of New Bedford, Inc., People Acting in Community Endeavors, Inc., Massachusetts 6360 Design Art & Technology Institute, Inc., Bristol Community College, Bridgewater State 6361 University and the Massachusetts Development Finance Agency to gather community input on 6362 appropriate public purposes for the premises, including, but not limited to, artist lofts, studios 6363 and public gallery space. 6364 (c) Following a public hearing in accordance with subsection (b), the division may lease, 6365 for a term not to exceed 35 years, inclusive of any options for renewal or extension of such lease, 6366 all or a portion of the premises at 182 Union street in the city of New Bedford to the 6367 Massachusetts Development Finance Agency, or other public entity or nonprofit organization CORRECTED 294 of 319 6368 deemed appropriate by the division, to implement the public purposes identified pursuant to said 6369 public hearing process, subject to appropriation. Consideration for said lease shall be $1. 6370 SECTION 292. There is hereby established an auto body labor rate advisory board to 6371 address any issues related to auto body labor rates. The advisory board shall consist of: 1 person 6372 appointed by the commissioner of insurance, who shall serve as co-chair; 1 person appointed by 6373 the attorney general, who shall serve as co-chair; 1 person appointed by the director of standards; 6374 3 persons selected from the auto insurance industry by the Automobile Insurers Bureau of 6375 Massachusetts; 3 persons selected from the auto repair industry from different geographic 6376 regions of the commonwealth by the Alliance of Automotive Service Providers of 6377 Massachusetts, Inc.; 1 person selected by the Massachusetts State Automobile Dealers 6378 Association, Inc; 1 person selected by the Massachusetts Association of Insurance Agents, Inc.; 6379 and 3 persons to be appointed by the co-chairs, 1 of whom shall be from a consumer advocacy 6380 group, 1 of whom shall be from a group representing the business community and 1 of whom 6381 shall be an economist with expertise on the insurance industry. 6382 The advisory board shall be responsible for creating, implementing and overseeing a 6383 survey given to relevant auto body shops. The advisory board shall collect industry data 6384 including, but not limited to: (i) labor rates in neighboring states; (ii) auto body shop costs; (iii) 6385 total labor costs; (iv) inflation data; (v) work force data; (vi) vocational-technical school trends; 6386 (vii) insurance premiums; and (viii) any additional information as requested by the advisory 6387 board. The results of the survey and the data collected shall be reviewed and analyzed by the 6388 advisory board. CORRECTED 295 of 319 6389 Not later than December 31, 2025, the advisory board shall make recommendations to the 6390 division of insurance for a fair and equitable labor rate and file a report of its findings, 6391 conclusions and recommendations with the clerks of the senate and house of representatives, the 6392 joint committee on financial services, the senate and house committees on ways and means and 6393 the division of insurance. 6394 SECTION 293. (a) Ninety days after the effective date of this act, all employees and 6395 officers of the Massachusetts Growth Capital Corporation shall be deemed employees and 6396 officers of the Massachusetts Development Finance Agency. For the purposes of this section, the 6397 Massachusetts Growth Capital Corporation shall be the transferor agency and the Massachusetts 6398 Development Finance Agency shall be the transferee agency. 6399 (c) All petitions, requests, investigations and other proceedings appropriately and duly 6400 brought before the transferor agency or duly begun by the transferor agency and pending before 6401 it before the effective date of this act shall continue unabated and remain in force but shall be 6402 assumed and completed by the transferee agency. 6403 (d) All orders, findings, rules and regulations duly made and all approvals duly granted 6404 by the transferor agency that are in force immediately before the effective date of this act shall 6405 continue in force until superseded, revised, rescinded or canceled by the transferee agency. 6406 (e) All books, papers, records, documents, equipment, buildings, facilities, cash and other 6407 property, both personal and real, including all such property held in trust, which immediately 6408 before the effective date of this act are in the custody of the transferor agency, shall be 6409 transferred to the transferee agency. All duly existing contracts, leases and obligations of the 6410 transferor agency shall continue in effect and shall be assumed by the transferee agency. CORRECTED 296 of 319 6411 (f) All powers, duties and obligations of the transferor agency pursuant to any general or 6412 special law shall remain in effect after the effective date of this act and shall become powers, 6413 duties and obligations of the transferee agency. 6414 (g) No existing right or remedy shall be lost, impaired or affected by this section. 6415 (h) All references in any general or special law to the Massachusetts Growth Capital 6416 Corporation or an officer or employee thereof shall refer to the Massachusetts Development 6417 Finance Agency or an officer or employee thereof. 6418 SECTION 294. Not later than 30 days after the effective date of this act, the governor 6419 shall appoint 5 new members of the board of directors of the Massachusetts Development 6420 Finance Agency, 1 of whom shall be experienced in community economic development and 6421 employed by a community development corporation or a representative of the Massachusetts 6422 Association of Community Development Corporations, 1 of whom shall be a representative of a 6423 community bank in the commonwealth, 1 of whom shall be a representative of an organization of 6424 small businesses or manufacturing companies in the commonwealth, 1 of whom shall be 6425 experienced in small business financing or restructuring and 1 of whom shall be a small business 6426 owner. 6427 SECTION 295. (a) Notwithstanding any general or special law to the contrary, a certain 6428 parcel of land located at 173 Alford street situated partly in the city of Everett and partly in the 6429 city of Boston shall be removed from, and not be considered to be within, the boundaries or a 6430 part of the Mystic River designated port area pursuant to 310 C.M.R. 25 and 310 C.M.R. 9 or 6431 any other applicable law, rule or regulation; provided, however, that such removal shall only be 6432 for the purpose of converting the parcel into a professional soccer stadium and a waterfront park; CORRECTED 297 of 319 6433 provided further, that prior to said removal of the parcel from the designated port area the 6434 department of environmental protection shall review said removal and report to the secretary of 6435 energy and environmental affairs and the joint committee on environment and natural resources 6436 on said removal and provide any recommendations; provided further, that said review and 6437 recommendations shall be publicly available on the department of environmental protection’s 6438 website; and provided further, that said review shall be completed not later than March 15, 2025. 6439 Said parcel consists of approximately 43.11 acres and is located on the southeasterly side of 6440 Alford street, on the southwesterly side of Dexter street and bounded southerly by the Mystic 6441 river and is more particularly described in a deed recorded in the land court department of the 6442 Middlesex southern district registry district as document No. 1554521 and recorded with the 6443 Middlesex southern district registry of deeds in book 56211, page 350 and also recorded in the 6444 land court department in the Suffolk county registry of deeds as document No. 786425 and 6445 recorded with the Suffolk county registry of deeds in book 47428, page 145. Site redevelopment 6446 on the parcel shall be subject to licensing in accordance with 310 C.M.R. 9 as a non-water- 6447 dependent use. 6448 (b) If the professional soccer stadium and waterfront park fail to be permitted and 6449 constructed within a reasonable time after the effective date of this act, as determined by the 6450 secretary of energy and environmental affairs, then subsection (a) shall be void and the port area 6451 designation and corresponding use restrictions under 310 C.M.R. 25 and 310 C.M.R. 9 shall be 6452 restored to the parcel; provided, however, that such determination of a reasonable time period 6453 shall not be made sooner than 5 years after the effective date of this act. CORRECTED 298 of 319 6454 Nothing in this section shall be construed to exempt or alter the site’s obligations under 6455 chapter 91 of the General Laws or 310 C.M.R. 9 beyond designated port area-related use 6456 restrictions. 6457 (c) The department of environmental protection, in consultation with the office of coastal 6458 zone management, shall: (i) complete a review of existing designated port area criteria and use 6459 restrictions; and (ii) update relevant regulations based on the results of the review; provided, 6460 however, that any updates to regulations shall include, but not be limited to: (A) the protection of 6461 traditional maritime industrial activities; (B) the addition of allowable uses consistent with future 6462 maritime industrial uses and clean energy activities; (C) the reevaluation of compatible uses 6463 within designated port areas; (D) a requirement, to the extent feasible, that all traditional and new 6464 allowed uses be resilient to coastal flood damage; (E) examining the feasibility of creating 6465 working port easements to purchase development rights from landowners in designated port 6466 areas; (F) opportunities to create grants and revolving loan funds to update port infrastructure, 6467 including conversion from 1 designated port area use to another designated port area use; (G) 6468 consideration of coastal flood resilience for inland neighborhoods; and (H) an assessment of new 6469 and adjacent areas that could be added to designated port areas to reduce net loss of acreage; 6470 provided, however, that said regulations shall not be updated pursuant to clause (ii) until the 6471 results of the review pursuant to clause (i) are submitted to the joint committee on energy and 6472 environment and said results are publicly available on the department of environmental 6473 protection website. 6474 (d) Except for the boundary adjustment provided for pursuant to subsection (a), there 6475 shall be no boundary adjustments to designated port areas until the review required pursuant to 6476 subsection (c) is completed; provided, however, that the department of environmental protection CORRECTED 299 of 319 6477 and the office of coastal zone management shall complete the review not later than July 31, 6478 2025; provided, that the department and office of coastal zone management may continue to 6479 conduct boundary reviews. 6480 (e) The commonwealth, having previously transferred control to, and taken on the behalf 6481 of the city of Boston a certain parcel of land situated in the city of Boston, being a part of a state 6482 highway location, Layout No. 5242 dated September 11, 1962, and shown as Parcel No. 8 in an 6483 Order of Taking recorded with said Layout No. 5242 in the Suffolk county registry of deeds in 6484 book 7681, page 307, and as shown on the plan filed therewith, and also shown as parcel 6485 0201831001 on the city of Boston assessors’ maps, shall transfer, remise, and release to the city 6486 of Boston any interest the commonwealth may have in such parcel. 6487 (f) The construction of the professional soccer stadium and waterfront park and any site 6488 redevelopment, pursuant to subsection (a), shall include improvements to increase the 6489 availability of public transportation through the Massachusetts Bay Transportation Authority to 6490 access the stadium and waterfront park; provided, however, that the Massachusetts Bay 6491 Transportation Authority, in consultation with relevant stakeholders, shall develop a plan on to 6492 how to provide access to the professional soccer stadium and waterfront park through public 6493 transportation, including, but not limited to, bus routes and shall publish said plan to its website 6494 not later than March 1, 2025. 6495 (g) There shall not be any public funding for the construction of the professional soccer 6496 stadium and waterfront park on the parcel, pursuant to subsection (a), including, but not limited 6497 to, municipal or state appropriations; provided, however, that nothing in this subsection shall 6498 prohibit: (i) funding for public infrastructure designed to support the site for which it is otherwise CORRECTED 300 of 319 6499 eligible under section 63 of chapter 23A of the General Laws or other similar state programs if 6500 there are matching private funds; or (ii) eligibility for credits pursuant to subsection (j) of section 6501 6 of chapter 62 of the General Laws or section 38Q of chapter 63 of the General Laws. 6502 (h)(i) Prior to the removal of the parcel from the designated port area pursuant to 6503 subsection (a), the owner of the professional soccer stadium shall enter into a community impact 6504 agreement with: (1) the city of Boston, and (2) the city of Everett. 6505 (ii) The parties to the community impact agreements pursuant to paragraph (i) shall 6506 commence negotiations as of the effective date of this act and engage in direct negotiations in 6507 good faith and without unreasonable delay. 6508 (iii) If no agreement has been reached by the parties as of May 1, 2025 pursuant to 6509 paragraph (ii) the parties shall enter into mediation. During the mediation a mediator shall 6510 directly oversee all negotiations between the parties; The mediator shall be mutually agreed upon 6511 by both parties to the community impact agreement. 6512 (iv) If no agreement has been reached by the parties as of December 31, 2025 pursuant to 6513 paragraph (iii) the parties shall submit to binding arbitration before a tripartite panel comprised 6514 of: (i) a representative of the owner, (ii) a representative from the host community that is a party 6515 to the community impact agreement, and (iii) a neutral arbitrator. The mediator shall not serve as 6516 the arbitrator and the arbitrator shall be mutually agreed upon by both parties to the community 6517 impact agreement. 6518 (v) The community impact agreements pursuant to paragraph (i) shall be submitted to the 6519 executive office of energy and environmental affairs prior to the parcel being removed from the 6520 designated port area, pursuant to subsection (a). CORRECTED 301 of 319 6521 SECTION 296. (a)(1) Notwithstanding any general or special law to the contrary, and 6522 subject to section 5A of chapter 3 of the General Laws, the commissioner of conservation and 6523 recreation shall lease to the New Bedford Harbor Development Commission, doing business as 6524 the New Bedford Port Authority, a certain area in and over the waters of the Acushnet river in 6525 the city of New Bedford, together with improvements thereon and all easements, rights, 6526 privileges and appurtenances thereto for the operation and maintenance of a recreational marine 6527 boating facility and recreational area known as the Pope’s Island Marina for a term of 10 years 6528 with 2 5-year options to extend. 6529 (2) The New Bedford Harbor Development Commission shall not enter into sub- 6530 agreements for the operation and maintenance of the marina without prior written authorization 6531 from the commissioner of conservation and recreation. True copies of any such written 6532 authorization shall be filed with the clerks of the senate and house of representatives not later 6533 than 45 days after execution. 6534 (b) The lease and any extensions executed under this section shall be on terms and 6535 conditions acceptable to the commissioner of conservation and recreation; provided, however, 6536 that the lease and any extensions thereof shall provide, at its sole cost and expense, that the New 6537 Bedford Harbor Development Commission: (i) provide oversight, operations, maintenance and 6538 repair of the property, including the land, facilities and appurtenances associated therewith 6539 during the term of the lease; (ii) shall carry comprehensive general liability insurance naming the 6540 commonwealth as a co-insured, protecting the commonwealth against all claims for personal 6541 injury or property damage arising from the use of the land and appurtenances associated 6542 therewith during the term of the lease and any extension thereof; (iii) subject to clauses (v) and 6543 (vi), may retain revenues from usage fees during the term of the lease and the proceeds from CORRECTED 302 of 319 6544 concessions associated with use of the property for the sole purpose of the design, construction, 6545 operation, programming, maintenance and repair expenses of the property over the course of the 6546 lease in addition to a 1-time reimbursement for costs defined herein; (iv) may charge not more 6547 than $90 per linear foot for use of slips without prior written authorization from the 6548 commissioner of conservation and recreation; (v) shall deposit into an escrow account, shared 6549 with the department of conservation and recreation, not less than $100,000 annually, adjusted to 6550 the price adjustment formulae indices every 5 years, to fund capital investments of the property; 6551 (vi) shall pay to the department of conservation, in quarterly installments, 10 per cent of the 6552 annual gross revenues defined as total gross revenues after deduction of the $100,000 described 6553 in clause (v); (vii) shall, not later than 3 months after the close of each calendar year, prepare an 6554 annual report detailing its performance against the goals for the prior year, detailing all revenues 6555 and expenditures of funds for the prior year pursuant to this section, regardless of source, and 6556 specifying all usage and programming fee rates associated with planned programs and activities, 6557 and submit the report to the commissioner of conservation and recreation; (viii) shall not design, 6558 install or construct any facilities on the property without the written approval of the 6559 commissioner of conservation and recreation; (ix) shall be responsible for all utility costs; (x) 6560 shall provide not less than 20 parking spaces at no charge to visitors of the abutting playground 6561 facility; and (xi) may be responsible for outreach and stewardship with the written approval of 6562 the commissioner of conservation and recreation. 6563 (c) The lease and any extensions thereof executed under this section shall each be 6564 reviewed by the inspector general for comment and recommendation. CORRECTED 303 of 319 6565 (d) Before entering into the lease, the commissioner of conservation and recreation shall 6566 determine the exact boundaries of the property after completion of a title examination and a 6567 survey each commissioned by the department of conservation and recreation. 6568 (e) The New Bedford Harbor Development Commission shall be responsible for all costs 6569 and expenses associated with any engineering, surveys, appraisals and lease preparation related 6570 to the execution of the lease and any extensions thereof under this section; provided, however, 6571 that the commonwealth shall not be required to contribute to any such costs. 6572 (f) Within 90 days of the effective date of this section, the commissioner of conservation 6573 and recreation shall issue to the New Bedford Harbor Development Commission a license to 6574 operate and maintain the marina. The terms of said license shall be consistent with this section. 6575 (g) If the land, building and facilities, field and appurtenances comprising the property 6576 cease to be used by the New Bedford Harbor Development Commission for the purposes and in 6577 the manner described in this section at any time before the conclusion of the lease term, the 6578 property shall revert to the commonwealth upon such terms and conditions as the commissioner 6579 of department of conservation and recreation may determine, and shall be assigned to the care, 6580 custody and control of the department of conservation and recreation. 6581 (h) If the commissioner of conservation and recreation fails to enter into a lease with the 6582 New Bedford Harbor Development Commission pursuant subsection (a) before July 1, 2025, the 6583 commissioner shall issue, on or before October 1, 2025, a request for proposals seeking a lessee 6584 to operate and maintain the Pope’s Island Marina and recreational area. Any lease resulting from 6585 a request for proposals process pursuant to this section shall be for a term not to exceed 20 years, 6586 inclusive of any extensions. CORRECTED 304 of 319 6587 (i) Funds authorized for the Pope’s Island Marina and the adjoining recreational area in 6588 item 2300-7026 of chapter 286 of the acts of 2014, as extended by chapter 140 of the acts of 6589 2022, and in item 6720-2261 of chapter 176 of the acts of 2022 shall be made available to 6590 advance the lease agreement pursuant to this section. 6591 SECTION 297. (a) As used in this section, the following words shall have the following 6592 meanings unless the context clearly requires otherwise:- 6593 “Candidate”, shall have the same meaning as in section 1 of chapter 55 of the General 6594 Laws. 6595 “Materially deceptive audio or visual media”, an image or audio or video recording 6596 concerning the safety or regular operations of an election or a candidate’s appearance, speech or 6597 conduct that has been fabricated or intentionally manipulated in a manner such that the image or 6598 audio or video recording would: (i) falsely appear to a reasonable person to be authentic; and (ii) 6599 would cause a reasonable person to have a fundamentally different understanding or impression 6600 of the expressive content of such image or audio or video recording than that person would have 6601 if the person were hearing or seeing an unaltered, original image or audio or video recording. 6602 “Person”, an individual, corporation, political committee, association, operation, firm, 6603 partnership, trust or other form of business or personal association. 6604 “Political party”, shall have the same meaning as in section 1 of chapter 50 of the General 6605 Laws. 6606 (b) Except as provided in subsection (c), a person, candidate, campaign committee, 6607 political action committee, political issues committee, political party or other entity shall not, CORRECTED 305 of 319 6608 within 90 days of an election at which a candidate for elective office will appear on the ballot, 6609 distribute with actual malice materially deceptive audio or visual media: (i) depicting the 6610 candidate with the intent to injure the candidate’s reputation or deceive a voter into voting for or 6611 against the candidate; or (ii) concerning the safety or regular operations of an election intended 6612 to disrupt the integrity of the electoral process. 6613 (c)(1) Subsection (b) shall not apply if the audio or visual media includes a disclosure 6614 stating: “This _____ has been manipulated.” 6615 (2) The blank in the disclosure required by paragraph (1) shall be filled with one of the 6616 following terms that most accurately describe the media: (i) image; (ii) video; or (iii) audio. 6617 (3)(i) For visual media, the text of the disclosure shall appear in a size that is easily 6618 readable by the average viewer and no smaller than the largest font size of other text appearing in 6619 the visual media; provided, however, that if the visual media does not include any other text, the 6620 disclosure shall appear in a size that is easily readable by the average viewer. For visual media 6621 that is video, the disclosure shall appear for the duration of the video. 6622 (ii) If the media consists of audio only, the disclosure shall be read in a clearly spoken 6623 manner and in a pitch that can be easily heard by the average listener, at the beginning of the 6624 audio, at the end of the audio and, if the audio is greater than 2 minutes in length, interspersed 6625 within the audio at intervals of not greater than 2 minutes each. 6626 (d)(1) A candidate for elective office whose voice or likeness appears in a materially 6627 deceptive audio or visual media distributed in violation of this section or the attorney general 6628 may seek injunctive or other equitable relief prohibiting the distribution of such audio or visual 6629 media. CORRECTED 306 of 319 6630 (2) A candidate for elective office whose voice or likeness appears in a materially 6631 deceptive audio or visual media distributed in violation of this section may bring an action for 6632 general or special damages against a person, candidate, campaign committee, political action 6633 committee, political issues committee, political party or other entity that distributed the 6634 materially deceptive audio or visual media. A court may also award a prevailing party reasonable 6635 attorney’s fees and costs. This subsection shall not limit or preclude a plaintiff from securing or 6636 recovering any other available legal remedy. 6637 (3) In any civil action alleging a violation of this section, the plaintiff shall bear the 6638 burden of establishing the violation through clear and convincing evidence. 6639 (e)(1) This section shall not alter or negate any rights, obligations or immunities of an 6640 interactive service provider under 47 U.S.C. section 230. 6641 (2) This section shall not apply to a radio or television broadcasting station, including a 6642 cable or satellite television operator, programmer, producer or mobile application or streaming 6643 service that broadcasts materially deceptive audio or visual media prohibited by this section as 6644 part of a bona fide newscast, news interview, news documentary or on-the-spot coverage of bona 6645 fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a 6646 manner that can be easily heard or read by the average listener or viewer, that there are questions 6647 about the authenticity of the materially deceptive audio or visual media. 6648 (3) This section shall not apply to a radio or television broadcasting station, including a 6649 cable or satellite television operator, programmer, producer or mobile application or streaming 6650 service when it is paid to broadcast materially deceptive audio or visual media. CORRECTED 307 of 319 6651 (4) This section shall not apply to an internet website or a regularly published newspaper, 6652 magazine or other periodical of general circulation, including an internet or electronic 6653 publication, that routinely carries news and commentary of general interest, and that publishes 6654 materially deceptive audio or visual media prohibited by this section, if the publication clearly 6655 states that the materially deceptive audio or visual media does not accurately represent the 6656 speech or conduct of the candidate. 6657 (5) This section shall not apply to materially deceptive audio or visual media that 6658 constitutes satire or parody. 6659 SECTION 298. Not later than 30 days after the effective date of this act, the secretary of 6660 economic development and the secretary of housing and livable communities shall convene a 6661 working group that shall include representatives from the towns of Ayer, Harvard and Shirley, 6662 the Massachusetts Development Finance Agency, the Devens committee and the Devens 6663 Enterprise Commission to determine a strategy and plan to provide for increased housing 6664 production within Devens, including, but not limited to, the feasibility of allowing not more than 6665 400 multi-family residential units in the Innovation and Technology Center zoning district 6666 established by Article V(A)(13) of the zoning by-laws of the Devens Regional Enterprise Zone. 6667 The secretaries of economic development and housing and livable communities shall report the 6668 findings of the working group to the clerks of the house of representatives and the senate and the 6669 joint committee on economic development and emerging technologies not later than 180 days 6670 after the effective date of this act. 6671 SECTION 299. (a) Not later than October 1, 2025, the department of elementary and 6672 secondary education or any department or agency thereof designated by the executive office of CORRECTED 308 of 319 6673 education, shall establish a public information campaign, which shall be for a duration of not less 6674 than 1 year, to educate and promote awareness to the public of available state scholarships and 6675 loan forgiveness programs for prospective educators. The campaign shall include, but not be 6676 limited to, information about the availability of and eligibility for such scholarships and loan 6677 forgiveness programs. The department of elementary and secondary education, or any 6678 department or agency thereof designated by the executive office of education, shall seek to 6679 ensure that the public information campaign reaches individuals applying to public institutions of 6680 higher education under section 5 of chapter 15A of the General Laws and community colleges 6681 under section 10 of said chapter 15A of the General Laws. 6682 (b) Not later than October 1, 2027, the department shall report to the joint committee on 6683 education on the impact of the public information campaign, including data on the numbers of 6684 applicants for available state scholarships and loan forgiveness programs and the awarding of 6685 such scholarships and loan forgiveness program participants. 6686 SECTION 300. (a) The department of elementary and secondary education shall conduct 6687 a comprehensive evaluation of the pilot program, authorized by 603 CMR 7.04(2)(f). The 6688 evaluation shall include: (i) a measurement of student impacts as measured by factors established 6689 by the commissioner of the department of elementary and secondary education; (ii) an 6690 assessment of progress made in diversifying the educator workforce; and (iii) an assessment of 6691 the impacts on candidates of diverse backgrounds. 6692 (b) The department shall file a report of said evaluation of the pilot program with the 6693 clerks of the house of representatives and the senate and the joint committee on education not 6694 later than 90 days after the conclusion of the pilot program. CORRECTED 309 of 319 6695 (c) The commissioner of the department of elementary and secondary education shall, in 6696 consultation with relevant stakeholders, and based on the alternative assessment pilot program 6697 authorized in 603 CMR 7.04(2)(f), determine, subject to approval of the board of elementary and 6698 secondary education, whether to make permanent components of the pilot program that may be 6699 used to fulfill testing requirements in section 38G of chapter 71 of the General Laws, which 6700 would allow candidates for certification to earn a provisional or initial certification. 6701 (d) The department may implement, subject to approval of the board of elementary and 6702 secondary education, an alternative certification process that may allow for a waiver of not more 6703 than 1 of the 2 tests required by section 38G of said chapter 71, per candidate, and may include 6704 consideration of factors, including, but not limited to, whether a candidate has: (i) obtained 6705 certification in another state or territory in the United States, the District of Columbia, or the 6706 Commonwealth of Puerto Rico, as approved by the department; (ii) completed a satisfactory 6707 portfolio of items that may include student feedback or competency-based projects; (iii) obtained 6708 a master’s degree or doctorate from an accredited institution; provided that the advanced degree 6709 relates to the content area for which the individual is seeking certification, as determined by the 6710 department; (iv) successfully completed a department-approved educator preparation program 6711 for the role and at the level of the license sought; or (v) successfully completed field-based 6712 experience of not less than 2 years in the role and at the level of the license sought. 6713 SECTION 301. If a district or charter school has a diversity officer or team already in 6714 place on the effective date of section 101 of chapter 71 of the General Laws, such district or 6715 charter school shall be deemed to be in compliance with said section 101 of said chapter 71. CORRECTED 310 of 319 6716 SECTION 302. The board of elementary and secondary education may promulgate rules 6717 and regulations to implement section 39 of chapter 69 of the General Laws and section 38G¾ of 6718 chapter 71 of the General Laws. 6719 SECTION 303. (a) There is hereby established a special legislative commission pursuant 6720 to section 2A of chapter 4 of the General Laws to study the future of payments and sales 6721 transactions by credit card and other forms of payment and the impacts for small businesses in 6722 the commonwealth. The commission shall solicit input from the public, businesses and the 6723 payments industry on payment trends, the prevalence of cashless transactions and cashless 6724 businesses in the commonwealth, credit card fees, mobile payments, buy-now-pay-later 6725 financing and other aspects of the payments industry. 6726 (b) The commission shall study and review: (i) the cost to small businesses operating in 6727 the commonwealth of conducting sales transactions with consumers using credit cards or other 6728 means of payment, including, but not limited to, cash, check or similar means; (ii) the impact of 6729 the increasing use of credit cards or other means of payment by consumers on small businesses; 6730 and (iii) the impact of section 28A of chapter 140D of the General Laws on small businesses 6731 owned and operated in the commonwealth. The commission shall report on the impact on small 6732 businesses operating in the commonwealth and provide recommendations on the future use of 6733 credit cards and other forms of payment for the long-term success of small businesses in the 6734 commonwealth. 6735 (c) The commission shall consist of: the chairs of the joint committee on financial 6736 services, who shall serve as co-chairs; 1 member appointed by the attorney general; the secretary 6737 of economic development or a designee; the commissioner of banks or a designee; 1 member CORRECTED 311 of 319 6738 appointed by the Massachusetts Bankers Association; a representative of the Retailers 6739 Association of Massachusetts, Inc.; a representative of the Massachusetts Restaurant 6740 Association; 1 member appointed by the Massachusetts chapter of the National Federation of 6741 Independent Businesses; and 2 members appointed by the governor who shall have experience 6742 owning and operating a small business in the commonwealth. The appointees of the governor 6743 shall represent diverse geographic areas of the commonwealth. 6744 (d) Not later than December 1, 2025, the commission shall file a report and its 6745 recommendations with the clerks of the house of representatives and the senate, the joint 6746 committee on financial services and the joint committee on economic development and emerging 6747 technologies. 6748 SECTION 304. The commissioner of agriculture shall conduct a study on the presence of 6749 substances including, but not limited to, mercury, parabens, estrogenic chemicals from placenta, 6750 benzophenone, diethanolamine, nonylphenol, phthalates and talc powder and other chemicals 6751 known to be endocrine disruptors in cosmetic products and the potential negative effects of such 6752 substance-containing cosmetic products on minors. The study shall include, but not be limited to: 6753 (i) the effects of such substance-containing products on the health of persons under the age of 18; 6754 (ii) the effect of advertisements, whether oral, written, graphic or pictorial, that encourage minors 6755 to purchase cosmetic products containing such substances; (iii) the use of images, voices or 6756 depictions of persons under the age of 18 for the purpose of promoting the sale of such 6757 substance-containing cosmetic products including, but not limited to, hair relaxers and skin 6758 bleaching products, including an analysis of the use of images of minors delineated by age, race 6759 and sex; (iv) a list of cosmetic products that use child-like images or children to market such CORRECTED 312 of 319 6760 substance-containing cosmetic products; and (v) a geographic analysis of the areas in the 6761 commonwealth where such substance-containing cosmetic products are sold. 6762 The commissioner shall submit a report of its findings and recommendations to the joint 6763 committee on public health, the joint committee on racial equity, civil rights and inclusion and 6764 the senate and house committees on ways and means not later than May 1, 2025. 6765 SECTION 305. (a) There shall be a special working group on youth sports to conduct an 6766 investigation and study of the current state of youth sports. The working group shall study and 6767 make recommendations relative to the regulation of youth sports, including, but not limited to: (i) 6768 maximum participation hours per youth sport in a defined period of time; (ii) licensing of 6769 businesses and coaches, including licensing fees and the conditions under which any such 6770 licensing fee may be waived to promote access to participation; and (iii) standards for player 6771 safety, including concussion protocols and athletic trainer requirements. The working group shall 6772 conduct not less than 3 public hearings. 6773 (b) The working group shall consist of: the chair of the state athletic commission, who 6774 shall serve as chair of the working group; 2 members appointed by the president of the senate; 2 6775 members appointed by the speaker of the house of representatives; 1 member appointed by the 6776 minority leader of the senate; 1 member appointed by the minority leader of the house of 6777 representatives; and 7 members appointed by the governor who shall have experience and 6778 expertise in youth sports. Members of the working group shall not be compensated for their 6779 service. 6780 (c) The working group shall report to the general court and to the state athletic 6781 commission the results of its investigation and study and its recommendations, if any, together CORRECTED 313 of 319 6782 with drafts of regulations to be promulgated by the commission and legislation necessary to carry 6783 its recommendations into effect, by filing the same with the commission, the clerks of the senate 6784 and house of representatives, the joint committee on economic development and emerging 6785 technologies and the joint committee on health care financing not later than 120 days after the 6786 third public hearing conducted by the working group. 6787 SECTION 306. There shall be a special commission to study and recommend ways to 6788 regulate micro-mobility vehicles. The study shall include, but not be limited to: (i) a review of 6789 current state and local laws and regulations for micro-mobility vehicles; (ii) recommendations to 6790 regulate micro mobility vehicles, including on bike paths, sidewalks and shared use paths; and 6791 (iii) recommendations to support the expansion of micro-mobility vehicle use and innovation 6792 including shared micro-mobility options for municipalities. 6793 The commission shall consist of: the secretary of transportation or a designee, who shall 6794 serve as chair; the secretary of public safety and security or a designee; the commissioner of 6795 conservation and recreation or a designee; 1 person to be appointed by the senate president; 1 6796 person to be appointed by the speaker of the house of representatives; 3 persons to be appointed 6797 by the secretary of transportation, 1 of whom shall have experience in and knowledge of the 6798 electric bicycle sector, 1 of whom shall have experience in and knowledge of the electric scooter 6799 industry and 1 of whom shall have mobility business experience; 1 person to be a representative 6800 of Consulting Planners of Massachusetts; 2 persons to be representatives of Massachusetts 6801 Municipal Association, Inc., 1 of whom shall represent a town and 1 of whom shall represent a 6802 city; 1 person to be a representative of WalkBoston, Inc.; 1 person to be a representative of 6803 Massachusetts Bicycle Coalition, Incorporated; 1 person to be a representative of Massachusetts CORRECTED 314 of 319 6804 Chiefs of Police Association, Inc.; and 1 person to be a representative of the National Bicycle 6805 Dealers Association. 6806 The commission shall file a report of its findings and recommendations with the clerks of 6807 the senate and house of representatives and the senate and house committees on ways and means 6808 not later than December 1, 2025. 6809 SECTION 307. (a) Not later than 1 year after the effective date of this act and before the 6810 adoption of any regulations for the administration of the state action for public health excellence 6811 program pursuant to section 27D of chapter 111 of the General Laws, the department of public 6812 health shall hold not fewer than 3 public hearings in diverse geographic locations throughout the 6813 commonwealth or online to identify ways to improve the efficiency and effectiveness of the 6814 delivery of local public health services, in alignment with the recommendations of the special 6815 commission on local and regional public health established in chapter 3 of the resolves of 2016. 6816 (b) Not later than March 31, 2025, the department of public health shall submit a report to 6817 the clerks of the house of representatives and the senate, the house and senate committees on 6818 ways and means and the joint committee on public health. The report shall include an analysis of 6819 needs, opportunities, challenges, timeline and cost for the implementation of section 27D of said 6820 chapter 111. 6821 SECTION 308. The special commission on local and regional public health established in 6822 chapter 3 of the resolves of 2016 is hereby revived and continued to December 31, 2025. As 6823 soon as practicable following the effective date of this act, the department shall convene the 6824 special commission at least once to review the amendments to section 27D of chapter 111 of the CORRECTED 315 of 319 6825 General Laws and funding available to support and enhance the commonwealth’s local and 6826 regional public health system. 6827 SECTION 309. The standards for foundational public health services developed pursuant 6828 to subsections (b) and (c) of section 27D of chapter 111 of the General Laws shall be consistent 6829 with the recommendations of the report approved in June 2019 by the special commission on 6830 local and regional and public health established by chapter 3 of the resolves of 2016, and shall be 6831 implemented and complied with by a phased schedule adopted by the department of public 6832 health. The department of public health shall publish a list of the local public health standards 6833 established pursuant to said subsections (b) and (c) of said section 27D of said chapter 111 not 6834 later than 90 days following the effective date of this act. 6835 SECTION 310. Notwithstanding any general or special law to the contrary, the 6836 unexpended and unencumbered balances of the bond-funded authorizations in the following 6837 accounts shall cease to be available for expenditure 180 days after the effective date of this act: 6838 7002-0015, 7002-8005, 7002-8013, 7002-8016, 7002-8017, 7002-8018, 7002-8019, 7002-8020, 6839 7002-8022, 7002-8035, 7002-8037, 7002-8038, 7002-8052, 7002-8060, 7005-8035, 7007-9035, 6840 7002-8010, 7002-8015, 7002-8030, 7002-8045, 7002-8050, 7002-8055 and 7002-8065. 6841 SECTION 311. Notwithstanding any general or special law to the contrary, to meet the 6842 expenditures necessary in carrying out sections 2 to 2B, inclusive, the state treasurer shall, upon 6843 receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to 6844 be specified by the governor from time to time but not exceeding, in the aggregate, 6845 $2,928,517,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on 6846 their face “An Act Relative to Strengthening Massachusetts’ Economic Leadership” and shall be CORRECTED 316 of 319 6847 issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to 6848 the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution; 6849 provided, however, that all such bonds shall be payable not later than June 30, 2059. All interest 6850 and payments on account of principal on such obligations shall be payable from the General 6851 Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding 6852 any other provision of this act, be general obligations of the commonwealth. 6853 SECTION 312. Notwithstanding any general or special law to the contrary, to meet the 6854 expenditures necessary in carrying out section 2C, the state treasurer shall, upon receipt of a 6855 request by the governor, issue and sell bonds of the commonwealth in an amount to be specified 6856 by the governor from time to time but not exceeding, in the aggregate $1,030,000,000. All bonds 6857 issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to 6858 Strengthening Massachusetts’ Economic Leadership” and shall be issued for a maximum term of 6859 years, not exceeding 30 years, as the governor may recommend to the general court pursuant to 6860 section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all 6861 such bonds shall be payable not later than June 30, 2064. All interest and payments on account of 6862 principal on such obligations shall be payable from the General Fund. Bonds and interest thereon 6863 issued under the authority of this section shall, notwithstanding any other provision of this act, be 6864 general obligations of the commonwealth. 6865 SECTION 313. The director of campaign and political finance shall promulgate 6866 regulations to implement section 182 not later than January 31, 2025. 6867 SECTION 314. The first annual program summary required by subsection (n) of section 6868 243 of chapter 111 of the General Laws shall be submitted not later than December 31, 2025. CORRECTED 317 of 319 6869 SECTION 315. Section 3M of chapter 23A of the General Laws, inserted by section 41, 6870 subsection (ff) of section 6 of chapter 62 of the General Laws, inserted by section 194, and 6871 section 38QQ and of chapter 63 of the General Laws, inserted by section 212, are hereby 6872 repealed; provided, however, that any credits allowed pursuant to this act may be carried forward 6873 pursuant to subsection (ff) of said section 6 of said chapter 62, inserted by section 194, and said 6874 section 38QQ of said chapter 63, inserted by section 212, after January 1, 2030. 6875 SECTION 316. Subsection (ii) of section 6 of chapter 62 of the General Laws, inserted 6876 by section 194, and section 38UU of chapter 63 of the General Laws, inserted by section 212, are 6877 hereby repealed. 6878 SECTION 317. Section 292 is hereby repealed. 6879 SECTION 318. Section 297 is hereby repealed. 6880 SECTION 319. Section 3M of chapter 23A of the General Laws, inserted by section 41, 6881 subsection (ff) of section 6 of chapter 62 of the General Laws, inserted by section 194, and 6882 section 38QQ of chapter 63 of the General Laws, inserted by section 212, shall take effect for 6883 taxable years beginning on or after January 1, 2025. 6884 SECTION 320. Subsection (ii) of section 6 of chapter 62 of the General Laws, inserted 6885 by section 194, and section 38UU of chapter 63 of the General Laws, inserted by section 212, 6886 shall take effect for taxable years beginning on or after January 1 of the first year following a 6887 fiscal year which closes with a consolidated net surplus of at least $400,000,000 pursuant to 6888 section 5C of chapter 29 of the General Laws. Annually, not later than 30 days after the 6889 comptroller certifies the amount of the consolidated net surplus pursuant to said section 5C of 6890 said chapter 29, the commissioner of revenue shall certify to the secretary of administration and CORRECTED 318 of 319 6891 finance whether said subsection (ii) of said section 6 of said chapter 62, inserted by said section 6892 194, and said section 38UU of said chapter 63, inserted by said section 212, shall take effect 6893 pursuant to this section; provided, however, that no such certification by the commissioner of 6894 revenue shall be required in any year after said subsection (ii) of said section 6 of said chapter 6895 62, inserted by said section 194, and said section 38UU of said chapter 63, inserted by said 6896 section 212, take effect. 6897 SECTION 321. Subsection (o) of section 243 of chapter 111 of the General Laws shall 6898 take effect on January 1, 2025. 6899 SECTION 322. Section 315 shall take effect on January 1, 2030. 6900 SECTION 323. Section 318 shall take effect on February 1, 2025. 6901 SECTION 324. Section 316 shall take effect on January 1 of the sixth tax year following 6902 the effective date of subsection (ii) of section 6 of chapter 62 of the General Laws, inserted by 6903 section 194, and section 38UU of chapter 63 of the General Laws, inserted by section 212, as 6904 determined pursuant to section 320. 6905 SECTION 325. Sections 99, 189, 190; subsections (gg) and (hh) of section 6 of chapter 6906 62 of the General Laws, inserted by section 194; sections 38RR, 38SS, and 38TT of chapter 63 6907 of the General Laws, inserted by section 212 shall apply to tax years beginning on or after 6908 January 1, 2024. 6909 SECTION 326. The exemption authorized in paragraph (zz) of section 6 of chapter 64H 6910 of the General Laws, inserted by section 214, shall be effective for costs incurred after the 6911 effective date of this act. CORRECTED 319 of 319 6912 SECTION 327. Sections 120 and 148 shall take effect on January 1, 2035. 6913 SECTION 328. Section 143 shall take effect 1 year after the effective date of this act. 6914 SECTION 329. Sections 275 and 276 shall take effect upon the conveyance of the 6915 property at 182 Union street in the city of New Bedford to the commonwealth pursuant to section 6916 291. 6917 SECTION 330. Section 317 shall take effect on January 1, 2026. 6918 SECTION 331. Sections 3, 42, 46, 48 to 58, inclusive, 174 and 266 shall take effect 90 6919 days after the effective date of this act.