Text of MA S 2869 (2024)

1 of 276 SENATE . . . . . . . . . . . . . . No. 2869 Senate, July 11, 2024 -- Text of the Senate amendment to the House Bill relative to strengthening Massachusetts’ economic leadership (House, No. 4804) (being the text of Senate, No. 2856, printed as amended) The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ 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. 10 SECTION 2. 11 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT 12 Office of the Secretary 13 7002-0026 For the Massachusetts Life Sciences Breakthrough Fund established under 14 section 6 of chapter 23I of the General Laws………………………………….... $225,000,000 2 of 276 15 7002-0083 For an employment social enterprise capital grant program to be 16 administered by the executive office of economic development, in consultation with the 17 executive office of labor and workforce development, for the development of eligible facilities 18 for nonprofit employment social enterprises that sell goods and services and enhance economic 19 development; provided, that eligible applicants shall be nonprofit organizations operating 20 employment social enterprises targeting individuals facing significant barriers to employment; 21 provided further, that grants to nonprofits shall support costs associated with the acquisition of 22 real property, the design, construction, repair, rehabilitation or renovation of an eligible facility 23 and soft costs directly related to the development of an eligible facility; provided further, that 24 eligible employment social enterprises shall offer paid employment opportunities to low-income 25 individuals, with priority to socially- and economically-disadvantaged populations who 26 experien`ce complex needs and barriers to employment that require intensive interventions; 27 provided further, that eligible organizations shall provide the following services for targeted 28 individuals as an integrated part of their paid employment in a social enterprise: (i) outreach to 29 targeted populations; (ii) on-the-job training and skill development, including worksite 30 supervision and performance coaching; (iii) comprehensive supportive services for at least 1 31 year, including, but not limited to, case management, aimed at overcoming barriers to 32 employment; (iv) assistance to obtain external employment; and (v) job retention services, which 33 shall include follow-up with beneficiaries for at least 1 year and employers to support job 34 retention and advancement; provided further, that prioritization for grant awards shall be given to 35 organizations: (a) targeting low-income communities specifically aimed at reducing social and 36 economic inequities; (b) serving high-risk populations that can demonstrate a significant social 37 return on investment; and (c) providing goods and services that can demonstrate a positive 3 of 276 38 community or environmental impact; and provided further, that grants shall be awarded in a 39 manner that promotes geographic, social and economic equity…………………….$10,000,000 40 7002-1352 For a grant program to coastal communities administered by the seaport 41 economic council established in executive order 564; provided, that funds shall be used for 42 community planning and investment activities that stimulate economic development and create 43 jobs in the maritime economy sector and to construct, improve, repair, maintain and protect 44 coastal assets that are vital to achieving these goals; provided further, that the planning, 45 prioritization, selection and implementation of projects shall consider climate change impacts in 46 furtherance of the goals of climate change mitigation and adaptation consistent with the 47 integrated state hazard mitigation and climate change adaptation plan; and provided further, that 48 grants or other financial assistance in this item shall only be awarded to projects within 49 municipalities that have been deemed in compliance or interim compliance with the multi-family 50 zoning requirement in section 3A of chapter 40A of the General 51 Laws....…………………………………………………................ $100,000,000 52 7002-1522 For grants administered by the Massachusetts Technology Development 53 Corporation established in section 2 of chapter 40G of the General Laws and doing business as 54 MassVentures; provided, that such grants shall be made on a competitive basis to growing 55 Massachusetts-based companies commercializing technologies developed with the assistance of 56 a Small Business Innovation Research or Small Business Technology Transfer grant from a 57 federal agency, including, but not limited to, the United States Department of Defense, the 58 United States Department of Energy or the National Science Foundation...............$25,000,000 4 of 276 59 7002-1523 For grants administered by the Massachusetts Technology Development 60 Corporation established in section 2 of chapter 40G of the General Laws and doing business as 61 MassVentures; provided, that such grants shall be made on a competitive basis to Massachusetts- 62 based companies in support of the development of alternative proteins developed with the 63 assistance of a Small Business Innovation Research or Small Business Technology Transfer 64 grant from a federal agency including, but not limited to, the United States Department of 65 Energy, the United States Department of Agriculture, the United States Food and Drug 66 Administration or the National Science Foundation………………………..……....$5,000,000 67 7002-8039 For the Scientific and Technology Research and Development Matching 68 Grant Fund established in section 4G of chapter 40J of the General Laws; provided, that not less 69 than $30,000,000 shall be expended to the University of Massachusetts at Amherst for the 70 expansion of its department of food science and development of a regional resilient and 71 sustainable food innovation hub; and provided further, that not less than $8,000,000 shall be 72 expended to the University of Massachusetts at Dartmouth for blue economy initiatives, 73 including, but not limited to, blue tech research and the development of new technology created 74 for improving ocean health, promoting the responsible use of the ocean, stimulating economic 75 development and creating jobs in the blue economy…….......................................$133,000,000 76 7002-8044 For a program to be administered by the Massachusetts Development 77 Finance Agency established in section 2 of chapter 23G of the General Laws for site assembly, 78 site assessment, predevelopment permitting and other predevelopment and marketing activities 79 that enhance a site’s readiness for commercial, industrial or mixed-use development; provided, 80 that funds may be used to facilitate the expansion or replication of successful industrial parks and 81 to support the revitalization of downtown centers; and provided further, that grants or other 5 of 276 82 financial assistance in this item shall only be awarded to projects within municipalities that have 83 been deemed in compliance or interim compliance with the multi-family zoning requirement in 84 section 3A of chapter 40A of the General Laws………………………................ $3,000,000 85 7002-8046 For the Massachusetts Growth Capital Corporation established in section 2 86 of chapter 40W of the General Laws for a program to provide matching grants to community 87 development financial institutions certified by the United States Treasury or community 88 development corporations certified under chapter 40H of the General Laws to leverage federal or 89 private investment for the purpose of making loans to small businesses; provided, that such 90 grants shall prioritize socially or economically disadvantaged businesses, which may include, but 91 shall not be limited to, minority-owned, women-owned, worker-owned, veteran-owned or 92 immigrant-owned small businesses that have historically faced obstacles to accessing 93 capital………………………………………………………………………................ $35,000,000 94 7002-8053 For the Brownfields Redevelopment Fund established in section 29A of 95 chapter 23G of the General Laws; provided, that grants or other financial assistance in this item 96 shall only be awarded to projects within municipalities that have been deemed in compliance or 97 interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the 98 General Laws……………………………………………….…................ $30,000,000 99 7002-8054 For the Massachusetts Growth Capital Corporation established in section 2 of 100 chapter 40W of the General Laws, in consultation with the microbusiness development center 101 within the Massachusetts office of business development, to provide grants to low- and 102 moderate-income entrepreneurs to acquire, expand, improve or lease a facility, purchase or lease 103 equipment or meet other capital needs of a business with not more than 20 employees and annual 6 of 276 104 revenues not exceeding $2,500,000, including alternative energy generation projects; provided, 105 that preference shall be given to businesses located in low-income or moderate-income areas or 106 socially or economically disadvantaged businesses, which may include, but shall not be limited 107 to, minority-owned, women-owned, worker-owned, immigrant-owned or veteran-owned 108 businesses; and provided further, that grants shall be awarded in a manner that promotes 109 geographic 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 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 7 of 276 127 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 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 8 of 276 149 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 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 9 of 276 172 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 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 projects shall leverage 10 of 276 195 private, federal, municipal or other sources of financial assistance to be eligible for financial 196 assistance in this item; provided further, that the total amount of state funds awarded, including, 197 but not limited to funds in this item, for an individual project shall not exceed 30 per cent of the 198 total development cost of the project; provided further, that the executive office of economic 199 development shall annually submit a report to the house and senate committees on ways and 200 means that shall include, but shall not be limited to, the: (i) projects awarded financial assistance 201 in this item; (ii) total estimated cost of projects awarded financial assistance in this item; (iii) 202 total amount of state funds awarded to projects, including but not limited to, financial assistance 203 in this item, delineated by funding source; (iv) total amount of funding contributed from other 204 sources, including federal, municipal, private or other sources, to projects awarded financial 205 assistance in this item, delineated by funding source; and (v) estimated economic impact of 206 projects awarded financial assistance in this item; provided further, that upon the completion of a 207 project awarded financial assistance in this item, the executive office shall submit a report to the 208 house and senate committees on ways and means that shall include, but shall not be limited to, 209 the: (i) total cost of the completed project; (ii) total amount of state funds expended on the 210 completed project, delineated by funding source; and (iii) total amount of funding contributed 211 from other sources, including federal, municipal, private or other sources, to the completed 212 project, delineated by funding source; provided further, that not less than 3 years and not more 213 than 4 years following completion of a project awarded financial assistance in this item, the 214 executive office shall submit to the house and senate committees on ways and means a report 215 detailing the estimated economic impact created by the state’s investment in such project; and 216 provided further, that grants or other financial assistance in this item shall only be awarded to 217 projects within municipalities that have been deemed in compliance or interim compliance with 11 of 276 218 the multi-family zoning requirement in section 3A of chapter 40A of the General 219 Laws…....…….……......................................................................$50,000,000 220 7002-8068 For the rural development program established in section 66A of chapter 221 23A of the General Laws....………………………….…................$100,000,000 222 7002-8069 For a capital grant program to be administered by the executive office of 223 economic development to provide grants or other financial assistance to private businesses that 224 are constructing or expanding commercial, industrial or manufacturing facilities in the 225 commonwealth which may include, but shall not be limited to: (i) the construction or expansion 226 of facilities in a manner that eliminates or minimizes the use of fossil-fuel heating and cooling 227 equipment, or incorporates other decarbonization measures that would not otherwise be 228 incorporated into the facility design; (ii) the integration of design features that make a facility 229 more resilient to the impacts of climate change, where such design features would not otherwise 230 be economically feasible; and (iii) capital investments that support the creation of a significant 231 number of new jobs in the commonwealth; provided, that the secretary of economic development 232 shall issue program guidelines around the administration of the program which may include the 233 administration of the program through a contract with the Massachusetts Development Finance 234 Agency established in section 2 of chapter 23G of the General Laws, or any other appropriate 235 quasi-governmental agency………………………………………............$25,000,000 236 7002-8070 For a capital grant program to be administered by the Massachusetts 237 Technology Park Corporation established in section 3 of chapter 40J of the General Laws to 238 support the adoption and application of artificial intelligence capabilities to public policy 239 problems and to leverage emerging artificial intelligence technologies to advance the 12 of 276 240 commonwealth’s lead in technology sectors, including, but not limited to, life sciences, 241 healthcare and hospitals, financial services, advanced manufacturing, robotics and education; 242 provided, that grants shall support capital expenses related to activities that leverage emerging 243 artificial intelligence technologies to advance the commonwealth’s lead in technology sectors, 244 which shall include, but not be limited to, life sciences, healthcare and hospitals, financial 245 services, advanced manufacturing, robotics and education; provided further, that grants shall be 246 awarded and administered in a manner consistent with the strategic goals and priorities of the 247 Artificial Intelligence Strategic Task Force established by executive order 629; provided further, 248 that funds may be used to support the incubation of artificial intelligence firms, advance the 249 adoption of artificial intelligence technologies and support artificial intelligence software and 250 hardware technology development and commercialization activities; and provided further, that 251 not less than $3,000,000 shall be expended to support the establishment of the commonwealth as 252 a leader in applied artificial intelligence in financial services by establishing a Financial 253 Innovation and Research Center in the city of Worcester to conduct research on applied artificial 254 intelligence and machine learning for the financial services sector, establish literacy and 255 education programs in artificial intelligence for students, employees, employers and the public, 256 support entrepreneurship and build an ecosystem for applied research in artificial intelligence 257 and machine learning in the financial services sector..…………….............. $103,000,000 258 7002-8072 For a competitive program to be administered by the Massachusetts 259 Technology Park Corporation established in section 3 of chapter 40J of the General Laws to 260 provide grants or other financial assistance for infrastructure support for industry-led consortia 261 focused on advancing the commonwealth’s global leadership and growing jobs in key emerging 262 technology sectors, including, but not limited to, quantum information sciences and technology, 13 of 276 263 bioindustrial manufacturing and nontherapeutic biomanufacturing, which may include alternative 264 proteins; provided, that “alternative proteins” shall mean proteins created from plant-based, 265 ferments or cell-cultured inputs and processes to create foods that share sensory characteristics 266 that are consistent with conventional meat and dairy products; provided further, that the grants 267 shall support the development, demonstration, deployment and commercialization of technology 268 in such key emerging technology sectors; provided further, that funds shall be expended for 269 infrastructure that support training, company incubation and acceleration, technology testing and 270 evaluation and other commercial and economic development needs; and provided further, that 271 not less than $40,000,000 shall be expended for a quantum innovation hub to be located in the 272 Pioneer Valley region of the commonwealth……………………………................$115,000,000 273 7002-8074 For a competitive program to be administered by the Massachusetts 274 Technology Park Corporation established in section 3 of chapter 40J of the General Laws to 275 provide grants and other financial assistance to support research and development of robotics 276 technology including, but not limited to, robotics incubation, testing, training, workforce 277 development, research and development and commercialization activities; provided, that grants 278 may be made to nonprofit entities, public or private universities or private business 279 entities…………………………………………………................$25,000,000 280 7002-8075 For a grant program for cities and towns to support the vitality of 281 downtowns and main streets; provided, that grants may be used for technical assistance to 282 develop, sustain or strengthen business districts, town centers, commercial corridors, cultural 283 districts or other walkable mixed-use areas; provided further, that funds may be used for 284 community planning and investment activities that stimulate economic development, expand 285 entrepreneurship and create jobs in the downtown economy sector and to construct, improve, 14 of 276 286 repair, maintain and protect downtown assets; provided further, that the executive office of 287 economic development may establish additional program requirements through regulations or 288 policy guidelines; provided further, that funds shall be awarded on a competitive basis in 289 accordance with such program requirements; and provided further, that financial assistance 290 offered pursuant to this item shall be awarded, to the extent feasible, in a manner that reflects 291 geographic and demographic diversity and social and economic equity……………..$9,500,000 292 SECTION 2A. 293 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE 294 Office of the Secretary 295 0640-0308 For the Massachusetts Cultural Facilities Fund established in section 42 296 of chapter 23G of the General Laws for the acquisition, design, construction, repair, renovation, 297 rehabilitation or other capital improvement or deferred maintenance to cultural facilities; 298 provided, that grants or other financial assistance under this item shall only be awarded to 299 projects within municipalities that have been deemed in compliance or interim compliance with 300 the multi-family zoning requirement in section 3A of chapter 40A of the General 301 Laws…………………………………………………………………………………$50,000,000 302 1100-2520 For grants or other financial assistance to cities, towns, regional 303 organizations whose membership is exclusively composed of municipal governments, municipal 304 redevelopment authorities or agencies or quasi-governmental agencies to support economic 305 development in the commonwealth, including efforts that support workforce development, 306 higher education, tourism, arts and culture; provided, that eligible purposes of the grants may 307 include, but shall not be limited to, planning and studies, preparation of plans and specifications, 15 of 276 308 site assembly and preparation, dispositions, acquisitions, repairs, renovations, improvements, 309 construction, demolition, remediation, modernization and reconstruction of facilities, 310 infrastructure, equipment and other capital assets, technical assistance, and information 311 technology equipment and infrastructure; and provided further, that grants or other financial 312 assistance under this item shall only be awarded to projects within municipalities that have been 313 deemed in compliance or interim compliance with the multi-family zoning requirement in 314 section 3A of chapter 40A of the General Laws……………………………$100,000,000 315 1100-2521 For the Massachusetts Educational Financing Authority established in 316 section 4 of chapter 15C of the General Laws to assist students, their parents, legal guardians and 317 others responsible for paying the costs of the student’s education and assist institutions of higher 318 education in supporting access to affordable higher education opportunities………..$85,000,000 319 1599-1016 For local economic development projects; provided, that not less than 320 $10,000,000 shall be expended for infrastructure and other public improvements to support the 321 redevelopment of the Watertown Square section of the city of Watertown; provided further, that 322 not less than $4,000,000 shall be expended for water system needs in the town of Northfield; 323 provided further, that not less than $4,000,000 shall be expended for a research and education 324 regional simulation lab at the Elaine Marieb College of Nursing at the University of 325 Massachusetts at Amherst; provided further, that not less than $1,000,000 shall be expended for 326 design, engineering, repairs and improvements to the King street bridge in the town of 327 Royalston; provided further, that not less than $1,000,000 shall be expended for capital repairs 328 and improvements to the Academy of Music in the city of Northampton; provided further, that 329 not less than $200,000 shall be expended for capital upgrades and improvements to the Veterans 330 of Foreign Wars Parkway in the West Roxbury section of the city of Boston; provided further, 16 of 276 331 that not less than $200,000 shall be expended for capital upgrades and improvements to the West 332 Roxbury parkway in the West Roxbury section of the city of Boston; provided further, that not 333 less than $200,000 shall be expended for capital upgrades and improvements to the Turtle Pond 334 parkway in the Hyde Park section of the city of Boston; provided further, that not less than 335 $200,000 shall be expended for capital upgrades and improvements to the Enneking parkway in 336 the Hyde Park section of the city of Boston; provided further, that not less than $500,000 shall be 337 expended to Habitat for Humanity Greater Boston, Inc. for infrastructure, renovation and 338 development costs at 104 to108 Walter street, inclusive, in the Roslindale section of the city of 339 Boston; provided further, that not less than $250,000 shall be expended for capital upgrades at 340 the Parkway Community YMCA in the West Roxbury section of the city of Boston; provided 341 further, that not less than $250,000 shall be expended for capital upgrades at the Thomas M. 342 Menino YMCA in the Hyde Park section of the city of Boston; provided further, that not less 343 than $100,000 shall be expended to the town of Norwood for improvements to Morse Hill 344 Veterans park; provided further, that not less than $1,000,000 shall be expended for the 345 Roslindale Gateway Path project located in the Roslindale section of the city of Boston; provided 346 further, that no less than $2,000,000 shall be expended to the city of Boston for the design and 347 renovation of Billings field in the West Roxbury neighborhood of the city of Boston; provided 348 further, that not less than $250,000 shall be expended to the town of Walpole to reopen the East 349 Walpole fire station; provided further, that not less than $2,000,000 shall be expended to the 350 department of conservation and recreation to implement an integrated approach for public access 351 and trails and recreation opportunities to enhance visitor experiences at Havey beach located on 352 the Charles river in the West Roxbury section of the city of Boston; provided further, that not 353 less than $1,000,000 shall be expended for Jacob's Pillow Dance Festival, Inc. in the town of 17 of 276 354 Becket for construction and development costs of a new theater; provided further, that not less 355 than $200,000 shall be expended to the Berkshire Regional Planning Commission for business 356 resiliency and succession planning activities; provided further, that not less than $1,000,000 shall 357 be expended for renovation and improvements at the Berkshire Museum in the city of Pittsfield; 358 provided further, that not less than $250,000 shall be expended to Berkshire Community College 359 for the development and improvement of a workforce training and community education facility; 360 provided further, that not less than $250,000 shall be expended to the Berkshire Historical 361 Society for a feasibility study and acquisition, improvement and renovation costs for a Berkshire 362 history center in the city of Pittsfield; provided further, that not less than $500,000 shall be 363 expended to the town of Walpole to engage the necessary planning consultants to repurpose and 364 redevelop the former Massachusetts Correctional Institution - Cedar Junction in the town of 365 Walpole; provided further, that not less than $250,000 shall be expended to the Hilltown Youth 366 Recovery Theater for a feasibility study, acquisition, improvements and capital costs for outdoor 367 adventure-based educational programming and accessibility upgrades; provided further, that not 368 less than $500,000 shall be expended to the Shaker Ridge Trails collaborative for infrastructure 369 improvements and development of mountain bike trails in the towns of Hancock and 370 Lanesborough; provided further, that that not less than $500,000 shall be expended for well 371 water infrastructure improvements in the town of Clarksburg and the city of North Adams for 372 economic sustainability at the state highway route 2 hairpin turn corridor; provided further, that 373 not less than $1,000,000 shall be expended to construct the gateway district sewer extension in 374 the town of Lenox; provided further, that not less than $1,000,000 shall be expended to the city 375 of Pittsfield for improvements, development and reconstruction of the historic Wahconah park; 376 provided further, that not less than $500,000 shall be expended to the Massachusetts 18 of 276 377 Biotechnology Education Foundation, Inc. for equipment, technology and other educational 378 resources to support and expand the Life Sciences Career Hub and its workforce and 379 apprenticeship programs; provided further, that not less than $2,000,000 shall be expended to the 380 Carroll Center for the Blind, Inc. for the renovation of its residential-based independent living 381 and workforce development training facilities; provided further, that not less than $1,000,000 382 shall be expended to the city of Gloucester for planning and design of wastewater collection and 383 treatment infrastructure projects; provided further, that not less than $500,000 shall be expended 384 to the city of Newburyport for the installation of lights on State street and other economic 385 development projects; provided further, that not less than $500,000 shall be expended to the 386 town of Ipswich for economic development projects; provided further, that not less than 387 $500,000 shall be expended to the town of Newbury for economic development projects; 388 provided further, that not less than $500,000 shall be expended to the town of Salisbury for 389 economic development projects; provided further, that not less than $500,000 shall be expended 390 to the town of Rowley for economic development projects; provided further, that not less than 391 $500,000 shall be expended to the town of Wenham for economic development projects; 392 provided further, that not less than $500,000 shall be expended to the town of Manchester-By- 393 The-Sea for economic development projects; provided further, that not less than $500,000 shall 394 be expended to the town of Topsfield for economic development projects; provided further, that 395 not less than $500,000 shall be expended to the town of Boxford for economic development 396 projects; provided further, that not less than $500,000 shall be expended to the town of Rockport 397 for economic development projects; provided further, that not less than $500,000 shall be 398 expended to the town of Middleton for economic development projects; provided further, that 399 not less than $500,000 shall be expended to the town of Hamilton for economic development 19 of 276 400 projects; provided further, that not less than $500,000 shall be expended to the town of West 401 Newbury for economic development projects; provided further, that not less than $500,000 shall 402 be expended for the town of Essex for economic development projects; provided further, that not 403 less than $500,000 shall be expended to the town of Georgetown for economic development 404 projects; provided further, that not less than $500,000 shall be expended to the town of 405 Groveland for economic development projects; provided further, that not less than $500,000 406 shall be expended to the town of North Reading for economic development projects; provided 407 further, that not less than $500,000 shall be expended to the town of North Andover for 408 economic development projects; provided further, that not less than $5,000,000 shall be 409 expended to the USS Constitution Museum to plan, design and fabricate dynamic interactive 410 exhibits to offer a world-class introduction in a new gateway facility; provided further, that not 411 less than $2,000,000 shall be expended for a new fire public safety facility in the city of Everett; 412 provided further, that not less than $2,000,000 shall be expended for the planning, design and 413 construction of public infrastructure projects along the state highway route 99 corridor in the city 414 of Everett; provided further, that not less than $5,000,000 shall be expended for infrastructure 415 improvements in the Arlington section of the city of Methuen including, but not limited to, 416 drainage and sewerage, road pavement, engineering costs and business outreach; provided 417 further, that not less than $1,000,000 shall be expended to the city of Lawrence for the Lawrence 418 gateway project brownfield assessment to support planning and redevelopment for mixed use 419 economic development, affordable housing, structured parking solar energy and energy 420 efficiency; provided further, that not less than $1,000,000 shall be expended for the renovation of 421 the O’Connell South Common in the city of Lawrence including, but not limited to, the 422 completion of asbestos abatement, lead paint remediation and brick renovation and concrete 20 of 276 423 masonry in the Vandekerkove bandstand; provided further, that not less than $1,000,000 shall be 424 expended to the town of Bedford for public infrastructure related to the proposed fire station at 425 139 Great road in the town of Bedford; provided further, that not less than $200,000 shall be 426 expended to conduct a planning study to identify a secondary water source to support future 427 housing and commercial growth in the town of Rutland; provided further, that not less than 428 $1,000,000 shall be expended for improvements to the downtown area in the city of Gardner; 429 provided further, that not less than $50,000 shall be expended for safety improvements at the 430 intersection of Main street and state highway route 56 in the town of Rutland; provided further, 431 that not less than $1,000,000 shall be expended for water and sewer rehabilitation upgrades in 432 the town of Spencer; provided further, that not less than $500,000 shall be expended for 433 upgrades to the pre-kindergarten and kindergarten school building in the town of Phillipston; 434 provided further, that not less than $1,000,000 shall be expended for PFAS mitigation in the 435 town of Princeton; provided further, that not less than $1,000,000 shall be expended for the 436 establishment of a public safety complex in the town of West Brookfield; provided further, that 437 not less than $250,000 shall be expended for the preparation of the demolition plan and RAM 438 plan at the brownfield site in the town of Holden; provided further, that not less than $1,000,000 439 shall be expended for capital expenditures in the town of Concord for events related to its two 440 hundred and fiftieth anniversary celebration; provided further, that not less than $1,880,000 shall 441 be expended to the city of Agawam for installing a new roofing system at the department of 442 public works annex facility; provided further, that not less than $1,000,000 shall be expended for 443 capital expenditures in the town of Lexington for events related to its two hundred and fiftieth 444 anniversary celebration; provided further, that not less than $90,000 shall be expended to city of 445 Easthampton to develop the Easthampton Arts Hub; provided further, that not less than 21 of 276 446 $2,700,000 shall be expended for the town of Barnstable for infrastructure improvements and 447 other upgrades at Bismore Park Marina, the Marina at Prince Cove and Barnstable Harbor 448 Marina; provided further, that not less than $2,300,000 shall be expended to the town of Eastham 449 for the implementation and construction of a village center in the North Eastham section of the 450 town of Eastham; provided further, that not less than $100,000 shall be expended to city of 451 Holyoke to support the Transformative Development Initiative fellow program; provided further, 452 that not less than $5,000,000 shall be expended to the town of Provincetown for engineering, 453 permitting and other costs associated with the construction of a visitors’ center for Stellwagen 454 Bank National Marine Sanctuary; provided further, that not less than $100,000 shall be expended 455 to the city of Holyoke for the purchase of new vehicles; provided further, that not less than 456 $1,200,000 shall be expended to the town of Montgomery for culvert replacement on Main road; 457 provided further, that not less than $100,000 shall be expended to the town of Russell for the 458 planning and development of a new playground; provided further, that not less than $1,000,000 459 shall be expended to the town of Southampton for construction of a new public safety complex; 460 provided further, that not less than $500,000 shall be expended for capital expenditures in the 461 town of Lincoln for events related to its fiftieth anniversary celebration; provided further, that 462 not less than $500,000 shall be expended to the city of Westfield for infrastructure improvements 463 to Turnpike Industrial road; provided further, that not less than $500,000 shall be expended to 464 the city of Westfield for infrastructure improvements to Westfield Industrial Park road; provided 465 further, that not less than $250,000 shall be expended to the city of Westfield for capital 466 investments in equipment at Westfield Technical Academy; provided further, that not less than 467 $500,000 shall be expended to the Westfield-Barnes Regional Airport for costs associated with 468 designing, developing and constructing a new access taxiway to the southwest quadrant; 22 of 276 469 provided further, that not less than $1,980,000 shall be expended to Westfield State University 470 for the development and construction of a new mental health hub to address workforce shortages 471 in behavioral health, nursing and healthcare in western Massachusetts; provided further, that not 472 less than $1,500,000 shall be expended to the city of West Springfield for building 473 redevelopment on Westfield street to promote economic development; provided further, that not 474 less than $200,000 shall be expended to the city of Attleboro for the wayfinding signage 475 program; provided further, that not less than $500,000 shall be expended for the Berkshire 476 Community Land Trust Farmsteads for Farmers River Run Farm redevelopment project in the 477 town of Great Barrington; provided further, that not less than $500,000 shall be expended to the 478 town of Southwick for inland dredging of Lake Congamond; provided further, that not less than 479 $500,000 shall be expended for the acquisition and development of and improvements to a new 480 facility for Elizabeth Freeman Center, Inc. in the city of Pittsfield; provided further, that not less 481 than $500,000 shall be expended for the Adams Memorial school building revitalization project 482 in the town of Adams; provided further, that not less than $1,000,000 shall be expended to Irish 483 Cultural Centre, Inc. for restoration and improvements at the cultural center facility in the town 484 of Canton; provided further, that not less than $1,000,000 shall be expended for the Millicent 485 Library in the town of Fairhaven for heating, ventilation, and air conditioning system upgrades; 486 provided further, that not less than $100,000 shall be expended for infrastructure improvements 487 that support downtown revitalization in the town of Millbury; provided further, that not less than 488 $1,000,000 shall be expended for infrastructure improvements that support transportation to and 489 from business districts in the town of Auburn; provided further, that not less than $600,000 shall 490 be expended to the town of Pepperell for the repointing of masonry and other restorations to the 491 Lawrence Library; provided further, that not less than $600,000 shall be expended to the town of 23 of 276 492 Tyngsborough for the development of the new department of public works headquarters; 493 provided further, not less than $100,000 shall be expended to the Westborough public schools for 494 the purchase of a wheelchair accessible vehicle for the Bridging Over to Right Opportunities 495 program; provided further, that not less than $1,300,000 shall be expended to the town of 496 Dunstable for the water main replacement project on Main street, Hillcrest street and Lowell 497 street; provided further, that not less than $5,000,000 shall be expended to the Boys & Girls Club 498 of Greater Lowell, Inc. for the repair and renovation of its property at Middlesex street in the city 499 of Lowell to allow for the expansion and creation of programs to provide workforce development 500 training, aid in closing the academic achievement gap and for the creation of permanent new jobs 501 in the city of Lowell; provided further, that not less than $500,000 shall be expended to Martha 502 Eliot Health Center for capital improvements; provided further, that not less than $500,000 shall 503 be expended for repairs and improvements to the One Grafton Common building in the town of 504 Grafton; provided further, than not less than $1,500,000 shall be expended for traffic 505 improvements to Hartford avenue in the towns of Bellingham and Medway; provided further, 506 that not less than $500,000 shall be expended to implement new branding and wayfinding in the 507 city known as the town of Franklin; provided further, than not less than $1,000,000 shall be 508 expended for extending the sidewalk between Pound street and Main street in the town of 509 Medfield; provided further, that not less than $1,000,000 shall be expended to The Dimock 510 Center in the Roxbury section of the city of Boston for capital improvements and expansion of 511 community health center services; provided further, that not less than $2,000,000 shall be 512 expended to the city of Chelsea to fund construction at the Latimer Overlook public open space 513 in the waterfront section of the city of Chelsea; provided further, that not less than $250,000 shall 514 be expended for public safety building upgrades in the town of Berlin; provided further, than not 24 of 276 515 less than $400,000 shall be expended for stormwater and water infrastructure improvements in 516 the town of Sherborn; provided further, that not less than $500,000 shall be expended to the town 517 of Northborough for infrastructure improvements for veterans; provided further, that not less 518 than $1,000,000 shall be expended for business district sidewalk upgrades in the town of West 519 Boylston; provided further, that not less than $1,215,500 shall be expended to the city of Quincy 520 for predredging activities including, but not limited to, mobilization, site preparation, removal 521 and reinstallation of floating docks and piles and demobilization in Quincy bay and beach 522 restoration in the Merrymount section of the city of Quincy; provided further, that not less than 523 $1,784,500 shall be expended to the city of Quincy for economic development projects; provided 524 further, that not less than $1,750,000 shall be expended to the town of Abington for economic 525 development projects; provided further, that not less than $1,750,000 shall be expended to the 526 town of Hanover for economic development projects; provided further, that not less than 527 $1,750,000 shall be expended to the town of Holbrook for economic development projects; 528 provided further, that not less than $1,750,000 shall be expended to the town of Rockland for 529 economic development projects; provided further, that not less than $4,000,000 shall be 530 expended for the construction of a new fire station in the town of Boylston; provided further, that 531 not less than $1,000,000 shall be expended for neighborhood revitalization in the city of 532 Worcester; provided further, that not less than $500,000 shall be expended to Mattapan 533 Community Health Center, Inc. for capital improvements; provided further, than not less than 534 $1,500,000 shall be expended for the renovation of Great Plain avenue in the town of Needham; 535 provided further, that not less than $1,000,000 shall be expended for FORGE to sustain and 536 expand a statewide program which promotes manufacturing and innovation, including climate 537 tech, through the support of hardtech startup manufacturing readiness and local supply chains; 25 of 276 538 provided further, that not less than $1,000,000 shall be expended for the Blackstone Valley 539 Chamber of Commerce, Inc. in the village of Whitinsville in the town of Northbridge for 540 regional economic development initiatives; provided further, that not less than $1,000,000 shall 541 be expended to the town of Monson for construction of a salt shed; provided further, that not less 542 than $1,500,000 shall be expended for the Monson Developmental Center in the town of Monson 543 for economic development projects; provided further, that not less than $2,000,000 shall be 544 expended for economic development opportunities on state highway route 146A in the town of 545 Uxbridge; provided further, that not less than $500,000 shall be expended to the Brimfield 546 Antique Show in the town of Brimfield for economic development; provided further, that not 547 less than $2,500,000 shall be expended for water, sewer and road improvements to promote 548 economic development opportunities on state highway route 16 in the towns of Mendon and 549 Hopedale; provided further, that not less than $1,000,000 shall be expended for the revitalization 550 project at the former Berkshire Trail elementary school building in the town of Cummington; 551 provided further, that not less than $5,000,000 shall be expended to Massachusetts Bay 552 Community College for the design and construction of the center for cybersecurity education; 553 provided further, that not less than $2,700,000 shall be expended for the renovation of the train 554 depot in the town of Stoughton; provided further, that not less than $150,000 shall be expended 555 to the town of Bridgewater for infrastructure improvements; provided further, that not less than 556 $1,000,000 shall be expended to the Children's Museum in Easton to support capital 557 improvement projects and infrastructure upgrades; provided further, that not less than $750,000 558 shall be expended to replace the ramp and seawall at Milton landing in the town of Milton; 559 provided further, that not less than $100,000 shall be expended to the town of Milton to support 560 infrastructure improvements; provided further, that not less than $100,000 shall be expended for 26 of 276 561 sidewalk installation and repairs in the town of West Bridgewater; provided further, that not less 562 than $100,000 shall be expended to the town of West Bridgewater for the construction of a water 563 treatment plant; provided further, that not less than $100,000 shall be expended to the town of 564 West Bridgewater for the maintenance of athletic fields; provided further, that not less than 565 $525,000 shall be expended to the Turner Free Library in the city known as the town of 566 Randolph to improve accessibility pursuant to the Americans with Disabilities Act; provided 567 further, that not less than $575,000 shall be expended to the Jonathan Belcher House in the city 568 known as the town of Randolph for renovations to support accessibility pursuant to the 569 Americans with Disabilities Act; provided further, that not less than $1,000,000 shall be 570 expended for capital upgrades at the Italian Home for Children located in the Jamaica Plain 571 section of the city of Boston; provided further, that not less than $2,000,000 shall be expended to 572 the city of Chelsea to fund the design, permitting and community engagement efforts in creating 573 resilience to coastal flooding and extreme precipitation along a Critical Urban Freight Corridor 574 on Eastern avenue and Marginal street; provided further, that not less than $250,000 shall be 575 expended to Roslindale Village Main Street, Inc., located in the Roslindale section of the city of 576 Boston for planning and development projects related to economic development; provided 577 further, that not less than $250,000 shall be expended to West Roxbury Main Streets, Inc., 578 located in the West Roxbury section of the city of Boston for planning and development projects 579 related to economic development; provided further, that not less than $250,000 shall be 580 expended to Hyde Park Main Streets, Inc., located in the Hyde Park section of the city of Boston 581 for planning and development projects related to economic development; provided further, that 582 not less than $250,000 shall be expended to Centre/South Main Streets, Inc., located in the 583 Jamaica Plain section of the city of Boston for planning and development projects related to 27 of 276 584 economic development; provided further, that not less than $10,000,000 shall be expended for 585 improvements to the intersection of state highway route 2, Taylor road and Piper road in the 586 town of Acton and the state highway route 2 rotary in the town of Concord; provided further, that 587 not less than $3,000,000 shall be expended to the West Newton Cinema Foundation, Inc. for 588 capital repairs and improvements to support its educational, community and cultural 589 programming; provided further, that not less than $10,000,000 shall be expended for the 590 renovation of and capital improvements to the Bristol county superior courthouse in the city of 591 Taunton; provided further, that not less than $2,000,000 shall be expended to GreenRoots, Inc. in 592 the city of Chelsea for capital projects to promote green space access, environmental 593 programming and climate resiliency; provided further, that not less than $10,000,000 shall be 594 expended to the Massachusetts Department of Transportation for corridor and safety 595 improvements along state highway route 3A and adjacent roadways in the city known as the 596 town of Weymouth and the towns of Hingham, Hull, Cohasset, Scituate, Norwell, Marshfield 597 and Duxbury; provided further, that not less than $1,500,000 shall be expended to the city of 598 Haverhill to support local businesses and entrepreneurship including, but not limited to signage; 599 provided further, that not less than $1,500,000 shall be expended to the city of Lawrence to 600 support local businesses and entrepreneurship through means including, but not limited to, 601 signage; provided further, that not less than $150,000 shall be expended to the Cape Cod 602 Chamber of Commerce and the Cape Cod commission to support the deployment of electric 603 vehicle charging stations in the Cape Cod region by analyzing industry and local trends, creating 604 installation and grant guides, conducting outreach and support activities and developing a pilot 605 incentive program to encourage electric vehicle usage; provided further, that not less than 606 $12,000,000 shall be expended to the Marine Biological Laboratory for construction, renovations 28 of 276 607 and infrastructure improvements to support the Imaging Innovation Initiative in Woods Hole in 608 the town of Falmouth; provided further, that not less than $50,000 shall be expended to the town 609 of Chelmsford for beautification improvements to increase economic development and provide 610 an improved neighborhood streetscape in the Vinal square area; provided further, that not less 611 than $100,000 shall be expended to Plymouth Regional Economic Development Foundation, Inc. 612 for capital and equipment upgrades for commercial shared kitchens and food manufacturers to 613 support local economic development; provided further, that not less than $250,000 shall be 614 expended to the town of Plymouth for costs associated with relieving zoning impediments to 615 additional housing and commercial development; provided further, that not less than $50,000 616 shall be expended to the city of Easthampton for business and building improvements to promote 617 economic development; provided further, that not less than $1,000,000 shall be expended to the 618 Leicester Water Supply District for capital improvements; provided further, that not less than 619 $500,000 shall be expended to the Greater Gardner Chamber of Commerce for economic 620 development projects within the community; provided further, that not less than $500,000 shall 621 be expended to the Wachusett Area Chamber of Commerce, Inc. for economic development 622 projects within the community; provided further, that not less than $1,000,000 shall be expended 623 to the town of Leicester for the repair and rehabilitation of the former Leicester middle school 624 building to support economic development and the creation of training opportunities; provided 625 further, that not less than $2,000,000 shall be expended for the conversion certain buildings of 626 the Templeton Developmental Center for use by the environmental police; provided further, that 627 not less than $10,000,000 shall be expended to the economic development and industrial 628 corporation of the city of Lynn for infrastructure improvements on the waterfront; provided 629 further, that not less than $250,000 shall be expended to the city of Holyoke for the Holyoke 29 of 276 630 Redevelopment Authority to pursue local economic projects; provided further, that not less than 631 $500,000 shall be expended to the Malden Senior Center for capital improvements; provided 632 further, that not less than $250,000 shall be expended to the city of Malden for a feasibility study 633 for a teen or intergenerational center; provided further, that not less than $1,000,000 shall be 634 expended to the Edgar P. Benjamin Healthcare Center, Inc. to support the development of a 635 state-of-the-art dialysis treatment center; provided further, that not less than $500,000 shall be 636 expended to Justice For Housing, Inc. for capital improvements to and the expansion of Brie's 637 House to continue to provide safe and stable temporary housing and wraparound stabilization 638 services to formerly incarcerated people; provided further, that not less than $1,000,000 shall be 639 expended for the planning and development of a Cabo Verdean cultural center in the city of 640 Boston; provided further, that not less than $500,000 shall be expended for beach revitalization 641 efforts in the town of Falmouth; provided further, that not less than $150,000 shall be expended 642 for the department of conservation and recreation for an arts and culture installation in section II 643 of Southwest Corridor park at Columbus avenue between Tremont street and Heath street; 644 provided further, that not less than $10,000,000 shall be expended for necessary and urgent 645 sustainability, accessibility and structural improvements to the Tower Building at the 646 Massachusetts College of Art and Design; provided further, that not less than $1,000,000 shall be 647 expended to CommonWealth Kitchen, Inc. for expansion of its nonprofit food business incubator 648 and urban food manufacturing social enterprise in support of the local food economy; provided 649 further, that not less than $1,000,000 shall be expended to Urban League of Eastern 650 Massachusetts, Inc. in the Roxbury section of the city of Boston for capital improvements, 651 equipment procurement and increased workforce development capacity for the clean energy 652 economy; provided further, that not less than $5,000,000 shall be expended to the Reading senior 30 of 276 653 center for the construction of a new facility; provided further, that not less than $100,000 shall be 654 expended to Talented and Gifted Association, Inc. for the purchase of a bus for the Boston 655 Mobile Desegregation Museum; provided further, that not less than $9,000,000 shall be 656 expended to support mixed used development and the creation of affordable housing in the 657 redevelopment project at Suffolk Downs in the cities of Boston and Revere; provided further, 658 that such funds shall not be expended until the obligations in the cooperation agreement to fund 659 on a dollar-for-dollar basis for the East Boston Housing Stabilization Trust Fund are fulfilled; 660 provided further, that not less than $500,000 shall be expended to the Whittier Street Health 661 Center for capital improvements; provided further, that not less than $3,000,000 shall be 662 expended to the town of Foxborough for the feasibility and design of regional sewer 663 infrastructure along the United States highway Route 1 corridor in the town of Foxborough and 664 nearby municipalities in the region; provided further, that not less than $2,000,000 shall be 665 expended to the town of Mansfield for the construction of a council on aging facility; provided 666 further, that not less than $2,000,000 shall be expended for the dredging of the Ten Mile river in 667 the city known as the town of North Attleborough; provided further, that not less than $300,000 668 shall be expended to Berkshire Black Economic Council for the acquisition, development and 669 improvement of a new facility for economic development in the city of Pittsfield; provided 670 further, that not less than $250,000 shall be expended for renovations and improvements to 671 Memorial Hall in the town of Shelburne; provided further, that not less than $900,000 shall be 672 expended for a water transportation vessel for the city known as the town of Winthrop for an 673 express route inner harbor ferry; provided further, that not less than $500,000 shall be expended 674 to the town of Cheshire for renovations, improvements and development of the municipal 675 building at the former Cheshire elementary school provided further, that not less than $500,000 31 of 276 676 shall be expended to New North Citizens Council, Inc. for construction costs associated with the 677 Joshua's house program; provided further, that not less than $1,000,000 shall be expended to 678 Develop Springfield Corporation to support the adaptive reuse of residential and commercial 679 space at the intersection of Main street and State street in the city of Springfield; provided 680 further, that not less than $1,000,000 shall be expended to American International College for 681 necessary capital improvements and repairs to Courniotes Hall to support student enrichment and 682 programming, including public health; provided further, that not less than $1,000,000 shall be 683 expended to the city of Chicopee for a water pollution control pump station and combined sewer 684 overflow facility improvements; provided further, that not less than $250,000 shall be expended 685 to the Massachusetts LGBT Chamber of Commerce, Inc. for economic development projects; 686 provided further, that not less than $8,750,000 shall be expended to the Massachusetts 687 Department of Transportation for the construction of a rail spur connecting Joint Base Cape Cod 688 to the Cape Cod Central Railroad; provided further, that not less than $1,500,000 shall be 689 expended to Hockomock Young Men’s Christian Association, Inc. for the design and 690 construction of a food security hub in the town of Plainville to serve the surrounding 691 communities; provided further, that not less than $300,000 shall be expended to Hebron Food 692 Pantry for costs associated with the relocation of the food pantry to 40 Emory street in the city of 693 Attleboro, including necessary upgrades and renovations; provided further, that not less than 694 $150,000 shall be expended to the Massachusetts Bay Transportation Authority for a Fairmount 695 line beautification and restoration project; provided further, that not less than $1,000,000 shall be 696 expended to the North End Housing Initiative, Inc. in the city of Springfield for the planning and 697 development of public affordable housing at Springfield Pharmacy at the intersection of Main 698 street and Waverly street; provided further, that not less than $500,000 shall be expended to the 32 of 276 699 Salvation Army donation center in the city of Springfield for capital improvements to improve 700 accessibility to affordable durable goods and textiles in the community; provided further, that not 701 less than $2,500,000 shall be expended to the Lowell Community Health Center, Inc. for 702 renovations to support the Family Medicine Residency program; provided further, that not less 703 than $1,000,000 shall be expended to the city of Boston to acquire or renovate space for the 704 establishment of a community health center in the Hyde Park section of the city of Boston to 705 expand neighborhood-based health services; provided further, that not less than $840,000 shall 706 be expended to the Zeiterion Performing Arts Center, Inc. for reopening planning and capital 707 support; provided further, that not less than $1,000,000 shall be expended to the Black Economic 708 Council of Massachusetts, Inc. for planning, renovations, improvements, construction, the 709 modernization of facilities, infrastructure, equipment and other capital needs located in Nubian 710 square in the city of Boston to promote economic development in the community; provided 711 further, that not less than $250,000 shall be expended to the Family Health Center of Worcester, 712 Inc. for the creation of a capital master plan, including workforce housing, for the campus at 26 713 Queen street in the city of Worcester; provided further, that not less than $1,000,000 shall be 714 expended for the rehabilitation and restoration of the Ionic avenue Boys’ Club building located at 715 2 Ionic avenue in the city of Worcester to transform the space into a community arts center; 716 provided further, that not less than $500,000 shall be expended to Panlyfe Project 333 to address 717 food insecurity in the Mattapan section of the city of Boston; provided further, that not less than 718 $2,000,000 shall be expended to the city of Worcester Redevelopment Authority for urban 719 revitalization plan implementation; provided further, that not less than $500,000 shall be 720 expended to the city of Beverly for a consultant to provide construction phase services on behalf 721 of the city; provided further, that not less than $1,000,000 shall be expended to the city of 33 of 276 722 Beverly for the Brimbal Avenue Phase II infrastructure project; provided further, that not less 723 than $150,000 shall be expended to We Are Better Together Warren Daniel Hairston Project, Inc 724 in the Roxbury section of the city of Boston to support its mission to heal those affected by 725 violence and incarceration and expand its headquarters; provided further, that not less than 726 $1,000,000 shall be expended to the city of Beverly to reconstruct the roadways including, but 727 not limited to, L.P. Henderson road, Sam Fonzo drive and Cherry Hill drive; provided further, 728 that not less than $3,000,000 shall be expended to the town of East Longmeadow for 729 improvements to the intersection of North Main street, Mapleshade avenue and Westwood 730 avenue; provided further, that not less than $3,500,000 shall be expended to the town of Palmer 731 for the replacement and expansion of a sewer siphon at Thorndike street; provided further, that 732 not less than $230,000 shall be expended to the Wilbraham public library in the town of 733 Wilbraham to replace the chiller and update the main floor; provided further, that not less than 734 $500,000 shall be expended to the University of Massachusetts’ Cold Spring Orchard Research 735 and Education Center for building and facilities improvements in the town of Belchertown; 736 provided further, that not less than $300,000 shall be expended to town of Warren to purchase an 737 old train depot to be used for the design of the town common; provided further, that not less than 738 $300,000 shall be expended to the town of South Hadley for reconstruction of Buttery Brook 739 park; provided further, that not less than $100,000 shall be expended to the town of Hampden for 740 the expansion, design and remediation of the fire station; provided further, that not less than 741 $10,000,000 shall be expended on capital improvements to the state pier facility in the city of 742 New Bedford which may include, but shall not be limited to, a multi-use facility for water 743 dependent cargo, commercial fishing improvements, commercial marine transportation 744 improvements, marine educational facilities and fresh produce and fish market space and for 34 of 276 745 planning, design, engineering and construction costs associated with an extension of the 746 commuter rail line in the city of New Bedford to connect passengers with the ongoing mixed-use 747 development of the state pier to access ferry services, the Schooner Ernestina-Morrissey and 748 other uses related to tourism and public recreation connecting the working waterfront to the arts 749 and cultural center in the downtown area of the city of New Bedford; provided further, that said 750 funds shall be in addition to funds authorized pursuant to item 6720-1350 of chapter 286 of the 751 acts of 2014; provided further, that not less than $1,600,000 shall be expended to the town of 752 Ludlow to help revitalize the East street corridor; provided further, that not less than $2,500,000 753 shall be expended to the city of Danvers for the implementation of the Lebel Grove property’s 754 conceptual design including, but not limited to, passive recreation, outdoor classrooms and event 755 space; provided further, that not less than $1,000,000 shall be expended to the city of Salem for 756 the redevelopment of the Courthouse Complex project in the city of Salem; provided further, that 757 not less than $1,000,000 shall be expended to the city of Salem for the redevelopment of the old 758 town hall; provided further, that not less than $500,000 shall be expended to the city of Salem for 759 the redevelopment of the Peabody street park and South River harbor walk connected to the El 760 Centro project; provided further, that not less than $250,000 shall be expended to the Avon 761 council on aging for improvements to the Memory Cafe to serve senior citizens experiencing 762 dementia; provided further, that not less than $300,000 shall be expended to the Halifax council 763 on aging for technology, computer lab stations and senior wellness equipment for the audio- 764 video room; provided further, that not less than $500,000 shall be expended for structural 765 improvements and renovations to Stetson Hall in the city known as the town of Randolph; 766 provided further, that not less than $500,000 shall be expended to Wildlands Trust, Inc. for 767 infrastructure that supports water quality, wildlife habitat and community activity at D.W. Field 35 of 276 768 park in the city of Brockton; provided further, that not less than $250,000 shall be expended for 769 Downtown Brockton Association, Inc. to establish a business improvement district and 770 implement programs in the downtown area of the city of Brockton; provided further, that not less 771 than $2,000,000 shall be expended for the acquisition and design of sidewalks located on state 772 highway route 58 and state highway route 14 in the town of Whitman; provided further, that not 773 less than $2,000,000 shall be expended for the planning and design of the pedestrian crossing 774 signals at the intersection of state highway route 18 and North Bedford street in the town of East 775 Bridgewater; provided further, that not less than $2,000,000 shall be expended for the acquisition 776 and design costs associated with the reconstruction of the intersection located at state highway 777 route 27, North Quincy street and Massasoit boulevard in the city of Brockton including, but not 778 limited to, assessment and potential resolution to the culvert nearby; provided further, that not 779 less than $2,000,000 shall be expended for the Old Colony Planning Council, in collaboration 780 with the metropolitan area planning council, the Southeastern Regional Planning and Economic 781 Development District and the Cape Cod commission to develop a preliminary plan and design of 782 the Frederick Douglas tunnel program within the regions and the cities of Boston, Brockton and 783 New Bedford and create connectivity to places of public significance and the underground 784 railroad; provided further, that not less than $1,000,000 shall be expended to United South End 785 Settlements for the completion of the its facilities improvement project to create additional 786 classroom space and upgrade infrastructure for low-income students in its early childhood 787 education program; provided further, that not less than $500,000 shall be expended to Focus 788 Springfield, Inc. for technology and translation service upgrades; provided further, that not less 789 than $2,000,000 shall be expended to the Springfield Housing Authority for the construction of a 790 joint community laundry facility; provided further, that not less than $1,000,000 shall be 36 of 276 791 expended to Square One 947 Main Corporation to make capital improvements and repairs to 792 community programming facilities; provided further, that not less than $1,000,000 shall be 793 expended to the Boys & Girls Club Family Center, Inc. for the construction and maintenance of 794 facilities; provided further, that not less than $275,000 shall be expended for the roadway 795 reconstruction of North Main street in the town of Belchertown; provided further, that not less 796 than $720,000 shall be expended to the town of Dover for economic development projects; 797 provided further, that not less than $720,000 shall be expended to the town of Milford for 798 economic development projects; provided further, that not less than $720,000 shall be expended 799 to the town of Millis for economic development projects; provided further, that not less than 800 $720,000 shall be expended to the town of Plainville for economic development projects; 801 provided further, that not less than $720,000 shall be expended to the town of Wrentham for 802 economic development projects; provided further, that not less than $195,000 shall be expended 803 to the town of Longmeadow to regrade and improve the Glenbrook field at Glenbrook middle 804 school; provided further, than not less than $1,500,000 shall be expended to the town of Norfolk 805 for educational upgrades and improvements; provided further, that not less than $200,000 shall 806 be expended for the town of Hanson to develop a regional pond management plan; provided 807 further, that not less than $1,500,000 shall be expended to the city of Peabody to offset the costs 808 of the new Peabody public safety facility; provided further, that not less than $200,000 shall be 809 expended to Uphams Corner Main Streets to support infrastructure needs of main street 810 businesses, including improvements to abutting public spaces; provided further, that not less than 811 $200,000 shall be expended to Greater Ashmont Main Streets to support infrastructure needs of 812 main street businesses, including improvements to abutting public spaces; provided further, that 813 not less than $200,000 shall be expended to Fields Corner Main Streets to support infrastructure 37 of 276 814 needs of main street businesses, including improvements to abutting public spaces; provided 815 further, that not less than $200,000 shall be expended to Four Corners Main Streets to support 816 infrastructure needs of main street businesses, including improvements to abutting public spaces; 817 provided further, that not less than $200,000 shall be expended to Chinatown Main Streets to 818 support infrastructure needs of main street businesses, including improvements to abutting public 819 spaces; provided further, that not less than $200,000 shall be expended to Bowdoin Geneva Main 820 Streets to support infrastructure needs of main street businesses, including improvements to 821 abutting public spaces; provided further, that not less than $1,000,000 shall be expended to the 822 city of Peabody for the site redevelopment of the Rousselot Factory; provided further, that not 823 less than $5,000,000 shall be expended to Worcester Polytechnic Institute to establish an 824 Innovation Hub for Recovery and Regeneration to serve as a focal point in research, workforce 825 development, corporate-university partnerships and entrepreneurial growth in the region; 826 provided further, that not less than $5,000,000 shall be expended for the creation and operation 827 of a cyber range in the city of Worcester pursuant to a partnership between Quinsigamond 828 Community College and Worcester State University; provided further, that not less than 829 $200,000 shall be expended to the Uniquely Abled Academy at the Excel Program at 830 Bridgewater State University for workforce development and educational resources; provided 831 further, that not less than $200,000 shall be expended to the Public Health Association visiting 832 nurses program in the town of Stoughton for capital improvements; provided further, that not 833 less than $500,000 shall be expended to the city known as the town of Braintree for capital 834 improvement projects; provided further, that not less than $500,000 shall be expended to the city 835 known as the town of Bridgewater for capital improvement projects; provided further, that not 836 less than $500,000 shall be expended to the town of Easton for capital improvement projects; 38 of 276 837 provided further, that not less than $500,000 shall be expended to the town of Milton for capital 838 improvement projects; provided further, that not less than $500,000 shall be expended to the city 839 known as the town of Randolph for capital improvement projects; provided further, that not less 840 than $500,000 shall be expended to the town of Stoughton for capital improvement projects; 841 provided further, that not less than $500,000 shall be expended to the town of West Bridgewater 842 for capital improvement projects; provided further, that not less than $2,500,000 shall be 843 expended for capital costs related to the construction of the Louis D. Brown Peace Institute's 844 Center for Healing, Teaching and Learning for families and communities throughout the 845 commonwealth impacted by murder, trauma, grief and loss; provided further, that not less than 846 $2,000,000 shall be expended for South Boston Community Health Center to be matched by the 847 health center and other partners to fund critical renovations and expansion at its main facility to 848 accommodate continued growth in primary care services and to allow for better patient flow to 849 enhance infection control protocols; provided further, that not less than $1,000,000 shall be 850 expended to Inquilinos Boricuas en Acción, Inc. for the construction of La CASA: Center for 851 Arts, Self-determination and Activism, a center for economic mobility programming, youth 852 development, resident services and arts serving low-income families and the conversion of 2 853 office buildings to 46 units of affordable housing; provided further, that not less than $750,000 854 shall be expended to the to the Boston Center for Youth and Families for the planning, design 855 and construction of year-round handball and racquetball courts at the Curley Community Center 856 in the South Boston section of the city of Boston to promote community recreation; provided 857 further, that not less than $750,000 shall be expended to YMCA of Greater Boston, Inc. for the 858 planning, design and construction of the William McGonagle community center in the South 859 Boston section of the city of Boston; provided further, that not less than $500,000 shall be 39 of 276 860 expended to the city of Boston for the first planning, design, acquisition and construction of My 861 Brother’s Keeper Boston’s Opportunity Lab to provide leadership training and support for 862 disadvantaged students; provided further, that not less than $100,000 shall be expended for 863 Snapchef Foundation Inc. for upgrades to and maintenance of their stove and kitchen to continue 864 their culinary training program and community meal preparation; provided further, that not less 865 than $500,000 shall be expended for Work Incorporated for the renovation of a family support 866 center to serve over 500 individuals with disabilities and their families; provided further, that not 867 less than $250,000 shall be expended to The BASE located in the Roxbury section of the city of 868 Boston for the acquisition of headquarters facilities to continue to serve and offer community 869 programming to urban youth; provided further, that not less than $450,000 shall be expended to 870 the GK Fund, Inc. to provide grants to increase access to the startup economy for individuals 871 from historically underrepresented groups in the city of Boston and gateway cities that 872 participate the Transformative Development Initiative of the Massachusetts Development 873 Finance Agency; provided further, that not less than $500,00 shall be expended to VietAID for 874 improvements of facilities and for support of its community programming; provided further, that 875 not less than $500,000 shall be expended to the Helen Y. Davis Leadership Academy Charter 876 Public School in the Dorchester section of the city of Boston for infrastructure and facility 877 improvements; provided further, that not less than $250,000 shall be expended to Cape Cod 878 Canal Region Foundation, Inc. to promote economic development in the downtown area of the 879 town of Bourne through revitalization and beautification; provided further, that not less than 880 $200,000 shall be expended for the creation of a comprehensive master plan for the town of 881 Shrewsbury; provided further, that not less than $25,000 shall be expended for a redevelopment 882 plan for vacant property in the town of Shrewsbury; provided further, that not less than $75,000 40 of 276 883 shall be expended for the creation of a corridor study and economic development strategy to 884 promote business development along state highway route 9 in the town of Shrewsbury; provided 885 further, that not less than $1,000,000 shall be expended for the Simonelli Innovation Center at 886 the Hamilton Mills building in the town of Southbridge for district revitalization and community 887 development projects in the historic Globe Village in the town of Southbridge; provided further, 888 that not less than $500,000 shall be expended to the town of Monson for local and public 889 community development projects at Silver Bell Farm; provided further, that not less than 890 $2,500,000 shall be expended to Northern Essex Community College for the establishment of a 891 cleanroom laboratory in the city of Haverhill to act as a shared-use space with Whittier Regional 892 Vocational Technical high school; provided further, that not less than $1,000,000 shall be 893 expended to MassChallenge Inc. for capital support of early-commercialization output programs 894 with an emphasis on applied artificial intelligence; provided further, that not less than $7,000,000 895 shall be expended to the city of Fall River for economic development and revitalization efforts in 896 the Flint neighborhood and Pleasant street corridor of the city; provided further, that not less than 897 $2,000,000 shall be expended to the town of Westport for the construction and installation of 898 water and sewage lines along the United States highway route 6 corridor; provided further, that 899 not less than $1,000,000 shall be expended to the town of Swansea for the installation of sewage 900 lines; and provided further, that not less than $200,000 shall be expended to the Bacon Free 901 Library in the town of Natick for capital improvements ………………………$376,190,000 902 Board of Library Commissioners 903 7000-9093 For a program of grants to cities and towns for approved public library 904 projects pursuant to sections 19G to 19J, inclusive, of chapter 78 of the General Laws; provided, 905 that grants may be awarded to municipalities submitting applications jointly or through a 41 of 276 906 regional planning agency; provided further, that grants or other financial assistance in this item 907 shall only be awarded to projects within municipalities that have been deemed in compliance or 908 interim compliance with the multi-family zoning requirement in section 3A of chapter 40A of the 909 General Laws; and provided further, that grant recipients may expend funds for alternative 910 energy generation, energy infrastructure projects and other decarbonization projects at public 911 libraries.....…………………………………............................ $150,000,000 912 EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS 913 Office of the Secretary 914 2000-7076 For capital grants or other financial assistance administered by the 915 executive office of energy and environmental affairs, in consultation with the department of 916 agricultural resources and division of marine fisheries, to promote and support the growth and 917 economic competitiveness of the commonwealth's agricultural, commercial fishing and 918 cranberry-growing sectors; provided, that the executive office shall prioritize applicants for 919 grants or other financial assistance that focus on innovative approaches to enhance 920 environmental benefits, promote climate resiliency and encourage increased economic activity in 921 its respective sector including, but not limited to: (i) capital infrastructure improvements that 922 promote energy efficiency; (ii) the purchase or expanded use of clean and renewable energy 923 technologies; (iii) tools to address barriers to economic growth, including the purchase of energy 924 efficient equipment and technology; (iv) tools and technologies to support practices that promote 925 resilience against the impacts of climate change; (v) tools and technologies to facilitate 926 sustainability and new product development; (vi) acquisition and purchase of innovative 927 commercial fishing gear designed to protect stocks and species of concern; and (vii) capital 42 of 276 928 infrastructure improvements related to developing and strengthening workforce development and 929 training programs; provided further, that grants made pursuant to this item may be awarded to 930 public higher education institutions, vocational technical schools, or community-based 931 organizations to support the economic competitiveness of the commonwealth's agricultural, 932 commercial fishing and cranberry-growing sectors; provided further, that grants or other 933 financial assistance shall be made on a competitive basis and awarded in a manner that promotes 934 geographic equity; and provided further, that grants or other financial assistance awarded in this 935 item shall be distributed equally among the agriculture, commercial fishing and cranberry- 936 growing sectors ……….......................................................................$21,000,000 937 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES 938 Office of the Secretary 939 7004-0709 For the Small Properties State Acquisition Funding Pilot program 940 established in item 1599-6084 of section 2A of chapter 268 of the acts of 2022; provided, that 941 said program shall issue soft loans to supplement other acquisition soft loans administered by 942 municipal or other affordable housing acquisition lenders on a rolling basis; provided further, 943 that acquisitions pursuant to this program shall follow the affordability restrictions of said 944 affordable housing acquisition lenders; and provided further, that loans under this program shall 945 be used for the acquisition of: (i) buildings of 1 to 8 units, inclusive, of residential housing for 946 rental or ownership; or (ii) mixed-use buildings for a term of not less than 30 947 years.........................................................................................................................$10,000,000 948 SECTION 2B. 949 SECRETARY OF THE COMMONWEALTH 43 of 276 950 Massachusetts Historical Commission 951 0526-2013 For a grant program to units of municipal government and to nonprofit 952 organizations for the preservation of historic properties, landscapes and sites; provided, that 953 funds shall be awarded in accordance with regulations promulgated by the chair of the 954 Massachusetts historical commission; and provided further, that grants or other financial 955 assistance in this item shall only be awarded to projects within municipalities that have been 956 deemed in compliance or interim compliance with the multi-family zoning requirement in 957 section 3A of chapter 40A of the General Laws................................................. $8,000,000 958 SECTION 2C. 959 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT 960 Office of the Secretary 961 7002-8077 For the Clean Energy Investment Fund established in section 15 of chapter 962 23J of the General Laws to promote job creation, economic development and workforce 963 development through capital grants to nonprofit organizations, private entities and governmental 964 entities for the purposes of supporting and stimulating research and development, innovation, 965 manufacturing, commercialization and deployment of climatetech technologies in the 966 commonwealth……………………………………………………………………….$200,000,000 967 7002-8078 For the Massachusetts Offshore Wind Industry Investment Trust Fund 968 established in section 9A of chapter 23J of the General Laws to support the offshore wind 969 industry and facilitate economic development activity..……………………………$200,000,000 44 of 276 970 SECTION 3. Chapter 2 of the General Laws is hereby amended by adding the following 971 2 sections:- 972 Section 65. (a) The governor may appoint a choreographer laureate of the 973 commonwealth who shall be selected from a list of finalists to be submitted by the choreographer 974 laureate nominating committee established in subsection (b). The choreographer laureate shall 975 promote choreography and dance, elevate the dance legacy of, and current dance communities in, 976 the commonwealth and choreograph performances for important public events and ceremonies. 977 The choreographer laureate shall be appointed to serve for a term of 4 years and may be 978 reappointed for a second term. A choreographer laureate vacancy shall be filled in the same 979 manner as the original appointment. 980 (b)(1) There shall be a choreographer laureate nominating committee consisting of: the 981 executive director of the Massachusetts cultural council or a designee, who shall serve as chair; 982 the executive and artistic director of Jacob’s Pillow Dance Festival, Inc.; the executive artistic 983 director of The Dance Complex; the president of New England Presenters; and a member of the 984 Boston Ballet company to be selected by the chair. Nominating committee members shall serve 985 without compensation. 986 (2) Not less than 5 months prior to the expiration of the tenure of the choreographer 987 laureate, the nominating committee shall conduct culturally competent and linguistically diverse 988 public outreach and seek nominations of potential candidates for selection as choreographer 989 laureate. Each nominee shall be a resident of the commonwealth who shall be experienced in the 990 art of choreography and produced a body of choreographic work. Nominations shall include 991 biographical information about the nominee. 45 of 276 992 (3) The nominating committee shall review all nominations and select 3 finalists based on 993 the nominee’s overall choreographic excellence and demonstrated commitment to the arts. 994 Finalists shall represent the commonwealth’s diverse dance community. The nominating 995 committee shall submit the names of the 3 finalists to the governor not less than 4 weeks before 996 the expiration of the tenure of the choreographer laureate or as soon as possible in the event of a 997 vacancy. 998 (c)(1) The choreographer laureate shall be an honorary position and the person appointed 999 shall receive no remuneration from the commonwealth. The person appointed to the position of 1000 choreographer laureate shall not be considered a state official or a state employee for such 1001 person’s service in the position. 1002 (2) The choreographer laureate shall be entitled to reimbursement for reasonable 1003 expenses incurred in the performance of duties as choreographer laureate, not to exceed $1,000 1004 per fiscal year. Dancers and support staff selected by the choreographer laureate for 1005 performances at important public events and ceremonies, consistent with this section, shall be 1006 entitled to compensation, as determined by the secretary of administration and finance. 1007 (3) Annually, not later than February 1, the choreographer laureate shall submit a report 1008 summarizing their activities within the scope of their appointment to the executive director of the 1009 office of travel and tourism, the executive director of the Massachusetts cultural council, the joint 1010 committee on tourism, arts and cultural development and the clerks of the senate and house of 1011 representatives. 1012 Section 66. (a) The governor may appoint a musician laureate for the commonwealth who 1013 shall be selected from a list of finalists to be submitted by the musician laureate nominating 46 of 276 1014 committee pursuant in subsection (b). The musician laureate shall promote the musical arts, 1015 elevate the musical legacy of, and current musical communities in, the commonwealth and write 1016 and perform music for important public events and ceremonies. The musician laureate shall be 1017 appointed to serve for a term of 4 years and may be reappointed for a second term. A musician 1018 laureate vacancy shall be filled in the same manner as the original appointment. 1019 (b)(1) There shall be a musician laureate nominating committee consisting of: the senate 1020 president or a designee; the speaker of the house of representatives or a designee; and 3 persons 1021 to be appointed by the governor, 1 of whom shall be a member of the board of directors of the 1022 Massachusetts cultural council. Nominating committee members shall serve without 1023 compensation. 1024 (2) Not less than 5 months prior to the expiration of the tenure of the musician laureate, 1025 the nominating committee shall conduct culturally competent and linguistically diverse public 1026 outreach and receive nominations of potential candidates for selection as musician laureate. Each 1027 nominee shall be a resident of the commonwealth who shall be experienced in the art of music 1028 and produced a body of musical work. Nominations shall include biographical information about 1029 the nominee. 1030 (3) The nominating committee shall review all nominations and select 3 finalists based on 1031 the nominee’s overall musical excellence and demonstrated commitment to the musical arts. 1032 Finalists shall represent the commonwealth’s diverse musical community. The nominating 1033 committee shall submit the names of the 3 finalists to the governor not less than 4 weeks before 1034 the expiration of the tenure of the musician laureate, or as soon as possible in the event of a 1035 vacancy. 47 of 276 1036 (c)(1) The musician laureate shall be an honorary position and the person appointed shall 1037 receive no monetary remuneration from the commonwealth. The person appointed to the position 1038 of musician laureate shall not be considered a state official or a state employee for such person’s 1039 service in the position. 1040 (2) The musician laureate shall be entitled to reasonable reimbursement for expenses 1041 incurred in the performance of duties as musician laureate, not to exceed $1,000 per fiscal year. 1042 Musicians and support staff selected by the musician laureate for performances at important 1043 public events and ceremonies, consistent with this section, shall be entitled to compensation, as 1044 determined by the secretary of administration and finance. 1045 (3) Annually, not later than February 1, the laureate shall submit a report summarizing 1046 their activities within the scope of their appointment to the executive director of the office of 1047 travel and tourism, the executive director of the Massachusetts cultural council, the joint 1048 committee on tourism, arts and cultural development and the clerks of the senate and house of 1049 representatives. 1050 SECTION 4. Section 7 of chapter 4 of the General Laws is hereby amended by striking 1051 out clause Sixtieth, appearing in the 2022 Official Edition, and inserting in place thereof the 1052 following clause:- 1053 Sixtieth, “Age of criminal majority” the age of 19. 1054 SECTION 5. Section 115A of chapter 6 of the General Laws, as so appearing, is hereby 1055 amended by striking out, in line 31, the figure “$5,000,000” and inserting in place thereof the 1056 following figure:- $10,000,000. 48 of 276 1057 SECTION 6. Section 167 of said chapter 6, as so appearing, is hereby amended by 1058 striking out, in lines 38, 40 and 41, the figure “18” and inserting in place thereof, in each 1059 instance, the following words:- criminal majority. 1060 SECTION 7. Section 204 of said chapter 6, as so appearing, is hereby amended by 1061 striking out, in lines 4 and 5, the words “president of the Massachusetts growth capital 1062 corporation” and inserting in place thereof the following words:- executive director of the 1063 Massachusetts Development Finance Agency. 1064 SECTION 8. Section 16G of chapter 6A of the General Laws is hereby amended by 1065 striking out subsections (i) and (j), as so appearing, and inserting in place thereof the following 2 1066 subsections:- 1067 (i) The secretary shall, subject to appropriation, establish within the executive office an 1068 office of performance management and oversight to improve the effectiveness of the economic 1069 development efforts of the commonwealth. The secretary shall appoint a director of the office 1070 who shall have economic development experience in the public or private sector. The director 1071 shall establish performance metrics for the public and quasi-public agencies within the executive 1072 office or subject to section 56 of chapter 23A and any regional economic development 1073 organization or other private organizations under contract with the commonwealth to perform 1074 economic development services, as the secretary shall determine. In developing or revising these 1075 performance metrics, the director may from time to time seek advice from individuals working in 1076 the private sector and examine models that can be adapted from the private sector to the needs of 1077 the commonwealth. The secretary shall require each agency or organization reporting to the 1078 office to submit an annual plan, including the goals, programs and initiatives for the forthcoming 49 of 276 1079 year, and evaluation of the performance on the goals, programs and initiative outlined in the 1080 preceding year’s plan. Such reports shall be in a form directed by the director and incorporate 1081 such performance metrics as the director shall establish. 1082 (j) The director shall prepare an annual report on the progress the agencies or 1083 organizations reporting to the office are making towards achieving stated goals in their annual 1084 plan. The annual report shall be made available to the public annually not later than December 1085 31 and shall be published on the website of the executive office and forwarded to the clerks of 1086 the senate and house of representatives, the house and senate committees on ways and means and 1087 the joint committee on economic development and emerging technologies. 1088 SECTION 9. Said section 16G of said chapter 6A is hereby further amended by striking 1089 out subsection (m), as so appearing, and inserting in place thereof the following subsection:- 1090 (m) Every 4 years, the secretary of economic development, in consultation with the 1091 secretary of energy and environmental affairs, shall prepare a report that evaluates the status of 1092 the commercial fishing industry and includes recommendations for appropriate actions to be 1093 taken to maintain and revitalize the commercial fishing, shellfish and seafood industry. 1094  In carrying out this requirement, the secretaries may seek the laboratory, technical, 1095 education and research skills and facilities of public institutions of higher education. 1096 SECTION 10. The first paragraph of subsection (n) of said section 16G of said chapter 1097 6A is hereby amended by striking out the second sentence, as so appearing. 1098 SECTION 11. Said section 16G of said chapter 6A is hereby further amended by striking 1099 out, in lines 255 and 256, as so appearing, the words “executive office and paid as the fund 50 of 276 1100 director shall direct” and inserting in place thereof the following words:- secretary of economic 1101 development. 1102 SECTION 12. Said section 16G of said chapter 6A is hereby further amended by striking 1103 out, in line 273, as so appearing, the words “The executive office shall submit an annual” and 1104 inserting in place thereof the following words:- In years when expenditures are made from the 1105 fund, the executive office shall submit a. 1106 SECTION 13. Section 35FF of chapter 10 of the General Laws, as so appearing, is 1107 hereby amended by striking out, in lines 46, 51, 52, 53, 57, 64, 75, 87, 89, 94, 98, 138, 139, 140, 1108 and in lines 141 and 142, the words “clean energy” and inserting in place thereof, in each 1109 instance, the following word:- climatetech. 1110 SECTION 14. Section 8F of chapter 12 of the General Laws, as so appearing, is hereby 1111 amended by striking out, in line 13, the figure “$200,000” and inserting in place thereof the 1112 following figure:- $500,000. 1113 SECTION 15. Said section 8F of said chapter 12, as so appearing, is hereby further 1114 amended by striking out, in line 24, the figure $500,000” and inserting in place thereof the 1115 following figure:- $1,000,000. 1116 SECTION 16. Section 14 of chapter 13 of the General Laws, as so appearing, is hereby 1117 amended by inserting after the word “twelve”, in line 14, the following words:- and chapter 1118 112A. 1119 SECTION 17. Section 23 of chapter 20 of the General Laws, as so appearing, is hereby 1120 amended by striking out subsection (b) and inserting in place thereof the following subsection:- 51 of 276 1121 (b)(1) Notwithstanding any general or special law to the contrary, the department of 1122 agricultural resources, with the approval of the co-holder, if any, in its sole discretion, may grant 1123 to any owner of land subject to an agricultural preservation restriction held by the 1124 commonwealth a nonassignable special permit allowing nonagricultural activities to occur on 1125 land restricted for agricultural purposes if: (i) the land is being actively utilized for full-time 1126 commercial agriculture; (ii) the permit is for a period of not less than 1 year which may, at the 1127 discretion of the department, be renewed; (iii) the grant of a special permit will not defeat or 1128 derogate from the intent and purposes of retaining the land for agricultural use and preserving the 1129 natural agricultural resources of the commonwealth; and (iv) the agricultural preservation 1130 restriction owner meets all requirements pertaining to special permits contained in the 1131 agricultural preservation restriction agreement form utilized by the commonwealth at the time of 1132 application for the special permit. In making the determination, the department shall consider the 1133 long-term productivity of the agricultural resource and the sustainability of the farm enterprise. 1134 (2) Notwithstanding paragraph (1), the department may approve a special permit for a 1135 trial period of 1 year to evaluate a proposal for nonagricultural activities. If a special permit is 1136 issued to a permit holder for a 1-year trial period, the department shall notify the special permit 1137 holder not later than 90 days before the end of the 1-year trial period of the department’s 1138 decision to renew, revoke or amend the permit. If the department fails to notify the special permit 1139 holder of its decision to renew, revoke or amend the special permit, the special permit shall 1140 automatically be renewed for a period of 5 years. 1141 SECTION 18. Said section 23 of said chapter 20, as so appearing, is hereby further 1142 amended by striking out, in line 98, the words “for a special permit authorized in” and inserting 1143 in place thereof the following words:- any owner of land subject to an agricultural preservation 52 of 276 1144 restriction aggrieved by a decision of the department relative to a special permit authorized 1145 pursuant to. 1146 SECTION 19. Said chapter 20 is hereby further amended by adding the following 1147 section:- 1148 Section 33. Notwithstanding any general or special law to the contrary, the secretary of 1149 energy and environmental affairs shall establish a program to acquire by purchase, gift, lease, 1150 eminent domain or otherwise lands and waters and easements therein to protect and conserve 1151 land for the purpose of furthering the department’s mission including, but not limited to, 1152 retaining land for farming or agriculture as defined by section 1A of chapter 128 and providing 1153 affordable and equitable access to agricultural and horticultural lands. 1154 The commissioner may, from funds appropriated to carry out this section or from funds 1155 received from other sources, compensate a landowner for the acquisition by the department of 1156 real estate owned by the landowner in such amount as determined by the commissioner to be 1157 equitable in consideration of anticipated benefits from such acquisition in accordance with any 1158 land acquisition regulations of the department. The commissioner may use department funds to 1159 create, replace and maintain appropriate infrastructure and improvements that the department 1160 deems consistent with the goals of this section and the department’s mission. 1161 The department may lease, license or otherwise manage these lands as it deems necessary 1162 to implement this section and carry out the department’s mission and goals. 1163 Acquisition of land or water under this section shall not guarantee any public access 1164 unless otherwise agreed to by the department. 53 of 276 1165 The department may promulgate rules and regulations relative to the rights, privileges 1166 and use of lands, waters, real estate interests and associated improvements acquired and 1167 maintained under this section. 1168 The department may dispose of any such real estate as permitted under section 5A of 1169 chapter 3 or through the sale to a qualified farmer or beginning farmer in conjunction with 1170 permanent protection of the real estate interest, including through an agricultural preservation 1171 restriction to the commonwealth or other qualified conservation entity. 1172 SECTION 20. Chapter 21A of the General Laws is hereby amended by adding the 1173 following section:- 1174 Section 29. (a) For the purposes of this section, the following words shall have the 1175 following meanings unless the context clearly requires otherwise: 1176 “Charger”, a device having at least 1 charging port and connector for charging electric 1177 vehicles; provided, however, that “charger” shall also mean electric vehicle supply equipment. 1178 “Charging network provider”, an entity that operates a digital communication network 1179 that remotely manages chargers, which may include charging station operators and manufacture 1180 chargers. 1181 “Charging station”, a charger or group of chargers and the area in the immediate vicinity 1182 of such charger or group of chargers, which may include, at the discretion of the regulating 1183 entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress 1184 and egress; provided, however, that a “charging station” shall comprise only part of the property 1185 on which it is located. 54 of 276 1186 “Charging station operator”, an entity that owns or provides chargers and supporting 1187 equipment and facilities at charging stations and is responsible for the operation and maintenance 1188 of chargers and supporting equipment and facilities; provided, however, that such operator may 1189 delegate responsibility for certain aspects of the charging station operation and maintenance to 1190 subcontractors. 1191 “Connector”, a device that attaches an electric vehicle to a charging port to transfer 1192 electricity; provided, however, that “connector” shall also mean a plug. 1193 “Direct current fast charger”, a charger that enables rapid charging by delivering direct- 1194 current electricity directly to an electric vehicle’s battery. 1195 “Electric vehicle”, a battery electric vehicle that is either a zero-emission vehicle or a 1196 plug-in hybrid electric vehicle equipped with an on-board electrical energy storage device that 1197 can be recharged from an external source of electricity and has the capability to run on another 1198 fuel; provided, however, that “electric vehicle” shall not include a golf cart, electric bicycle or 1199 other micromobility device. 1200 “Electric vehicle charging services”, the transfer of electric energy from an electric 1201 vehicle charging station to a battery or other storage device in an electric vehicle and related 1202 billing services, networking and operation and maintenance. 1203 “Electric vehicle supply equipment”, a device, including at least 1 charging port and 1204 connector, for charging electric vehicles; provided, however, that “electric vehicle supply 1205 equipment” shall also mean a charger. 55 of 276 1206 “Level 1”, a galvanically-connected electric vehicle supply equipment with a single- 1207 phase input voltage nominally 120 volts AC alternating current and a maximum output current of 1208 not more than 16 amperes alternating current. 1209 “Level 2”, a galvanically-connected electric vehicle supply equipment with a single- 1210 phase input voltage range from 208 volts to 240 volts, inclusive, alternating current and 1211 maximum output current of not more than 80 amperes alternating current. 1212 “National Electric Vehicle Infrastructure Formula program”, the federal program 1213 established pursuant to the Infrastructure Investment and Jobs Act, Pub.L.117-58. 1214 “Public electric vehicle charging station”, an electric vehicle charging station located at a 1215 publicly-available parking space. 1216 ''Publicly-available parking space'', a parking space that has been designated by a 1217 property owner or lessee to be available to and accessible by the public and may include on- 1218 street parking spaces and parking spaces in surface lots or parking garages; provided, however, 1219 that “publicly-available parking space” shall not include a parking space that is part of or 1220 associated with residential property containing not more than 4 dwelling units or that is reserved 1221 for the exclusive use of an individual driver or vehicle or group of drivers or vehicles, including 1222 employees, tenants, visitors, residents of a common interest development and residents of an 1223 adjacent building. 1224 “Publicly-funded and available charging station", a public electric vehicle charging 1225 station installed on or after January 1, 2025 that has received, or expects to receive, a grant, loan 1226 or other incentive from a federal or state government source or through a charge on ratepayers 1227 and is located at a publicly available parking space. 56 of 276 1228 (b) The executive office of energy and environmental affairs shall promulgate regulations 1229 to: (i) monitor the utilization or frequency of use of such chargers and charging stations; (ii) 1230 monitor the reliability and availability of such chargers and charging stations including, but not 1231 limited to, whether reliability varies by the income of municipalities or neighborhoods or by 1232 regions of the commonwealth; and (iii) require charging network providers and charging station 1233 operators to share, free of charge, certain data fields, with third-party software developers via 1234 application programming interfaces; provided, however, that any such data sharing may be 1235 conditioned on measures to protect sensitive or confidential business information. The executive 1236 office may designate any of its agencies to promulgate such regulations. 1237 (c) In promulgating regulations under this section, the executive office or its designated 1238 agency may apply different requirements to publicly-funded and available charging stations or 1239 other charging stations. 1240 (d) Regulations promulgated under this section may vary by technology type, power 1241 levels, number of chargers per site, site ownership and according to whether chargers are: (i) 1242 networked; (ii) public; (iii) publicly-funded and available; (iv) level 1, level 2 or direct current 1243 fast chargers; or (v) all-inclusive mobile solar charging stations. Such regulations may apply to 1244 charging stations other than publicly-funded and available charging stations but shall not apply 1245 to chargers or charging stations installed at a residential property containing not more than 4 1246 dwelling units. The executive office or its designated agency may, in its discretion, set such 1247 standards as it deems necessary for data formats that comply with electric vehicle charging 1248 industry best practices and standards. 57 of 276 1249 (e) With respect to any regulations that may be promulgated pertaining to reliability, the 1250 executive office or its designated agency shall develop definitions of “uptime” and “exempted 1251 downtime” through a public process and in such a manner to promote, as much as is practicable, 1252 consistency with other jurisdictions and the National Electric Vehicle Infrastructure formula 1253 program requirements; provided, however, that the executive office or its designated agency 1254 may: (i) set standards for uptime; (ii) consider which events, if any, may count as exempted 1255 downtime; and (iii) take into account the quality and condition of software and hardware. 1256 SECTION 21. Chapter 22 of the General Laws is hereby amended by striking out section 1257 12, as appearing in the 2022 Official Edition, and inserting in place thereof the following 1258 section:- 1259 Section 12. (a) For the purposes of this section, the following words shall, unless the 1260 context clearly requires otherwise, have the following meanings: 1261 “Mixed martial arts”, any form of unarmed combat involving the use of a combination of 1262 techniques including, but not limited to, grappling, kicking and striking, commonly associated 1263 with boxing, kickboxing, wrestling and various disciplines of the martial arts including, but not 1264 limited to, karate, kung fu, tae kwon-do, Jiu–Jitsu or any combination thereof. 1265 “Unarmed combative sport”, any form of competition in which a blow is usually struck 1266 which may reasonably be expected to inflict injury and no weapon is used; provided, however, 1267 that ''unarmed combative sport'' shall not include professional wrestling. 1268 (b) There shall be within the office of public safety and inspections a state athletic 1269 commission which shall consist of the commissioner of occupational licensure, or a designee and 1270 4 persons to be appointed by the governor, 1 of whom shall have a background in the sport of 58 of 276 1271 boxing and 1 of whom shall have a background in the sport of mixed martial arts. Members shall 1272 serve for terms of 3 years or until a successor is appointed. The governor shall from time to time 1273 designate 1 member as chair. A quorum of 3 members shall be required for the commission to 1274 exercise its authority, and an affirmative vote of a majority of the commissioners present at a 1275 commission meeting shall be required for all commission actions. The members appointed by the 1276 governor may be reimbursed for necessary travel expenses incurred in the performance of their 1277 duties. 1278 (c) If a member is absent without justification for 4 consecutive meetings or for more 1279 than 50 per cent of the meetings in a single calendar year, the member’s seat on the commission 1280 shall be vacant and the governor shall appoint a successor consistent with subsection (b). The 1281 commission shall, by rule, define what constitutes excused and unexcused absences. 1282 (d) Each commission member shall serve at the pleasure of the governor. 1283 (e) The commission shall appoint a full-time executive director to serve as the 1284 commission’s administrative and executive head. The executive director shall have: (i) not less 1285 than 5 years of experience in unarmed combative sports; and (ii) skills and experience in 1286 management. The executive director shall serve at the pleasure of the commission, shall devote 1287 their full time and attention to the duties of the office and shall receive a salary as determined by 1288 the commission. The executive director shall be responsible for administering and enforcing the 1289 laws relative to the commission. The executive director may, subject to the approval of the 1290 commission, hire employees, consultants, agents and advisors including, but not limited to, legal 1291 counsel, and shall attend the meetings of the commission. 59 of 276 1292 (f) The commission may deputize persons to represent the commission and to be present 1293 at a match or exhibition held under sections 32 to 51, inclusive, of chapter 147; provided, 1294 however, that such deputies shall be compensated in an amount fixed by the commission for each 1295 match or exhibition attended; and provided further, that the commission may authorize such 1296 deputies be reimbursed for necessary travel expenses incurred in the performance of their duties. 1297 (g) A deputy assigned to attend a match or exhibition under this section shall be required 1298 to received formal training on the laws and rules of the commission and related issues within the 1299 12 months prior to any such match or exhibition. The commission may reimburse deputies for 1300 necessary travel expenses incurred while attending a formal training. 1301 SECTION 22. Subsection (b) of section 3A of chapter 23A of the General Laws, as so 1302 appearing, is hereby amended by striking out the definition of “Expansion of an existing facility” 1303 and inserting in place thereof the following definition:- 1304 “Expansion project”, the expansion of an existing facility located in the commonwealth 1305 that results in a net increase in the number of permanent full-time employees at the expanded 1306 facility. 1307 SECTION 23. Said subsection (b) of said section 3A of said chapter 23A, as so 1308 appearing, is hereby further amended by inserting after the definition of “Gateway municipality” 1309 the following definition:- 1310 “In-state relocation project”, the relocation of a business from one location in the 1311 commonwealth to another location in the commonwealth that results in a net increase in the 1312 number of permanent full-time employees. 60 of 276 1313 SECTION 24. Said subsection (b) of said section 3A of said chapter 23A, as so 1314 appearing, is hereby further amended by striking out the definition of “Municipal project 1315 endorsement” and inserting in place thereof the following definition:- 1316 “Municipal project endorsement”, an endorsement by the city council with the approval 1317 of the mayor in a city or by a select board or board of selectmen in a town that: (i) finds a 1318 proposed project is consistent with the municipality’s economic development objectives; (ii) 1319 finds a proposed project has a reasonable chance of increasing or retaining employment 1320 opportunities as advanced in the proposal; and (iii) provides a description of the local tax 1321 incentive, if any, offered by the municipality in support of the proposed project. 1322 SECTION 25. Said subsection (b) of said section 3A of said chapter 23A, as so 1323 appearing, is hereby further amended by inserting after the definition of “Municipality” the 1324 following definition:- 1325 “Out-of-State relocation project”, the relocation of a business and permanent full-time 1326 employees from outside the commonwealth to a location in the commonwealth. 1327 SECTION 26. Said subsection (b) of said section 3A of said chapter 23A, as so 1328 appearing, is hereby further amended by striking out the definition of “Proportion of 1329 compliance” and inserting in place thereof the following definition:- 1330 “Proportion of compliance”, a determination made by the economic assistance 1331 coordinating council, established in section 3B, of a certified project’s compliance with 1332 obligations related to capital investment, job creation, job retention or other obligations 1333 applicable to the certified project. 61 of 276 1334 SECTION 27. Said subsection (b) of said section 3A of said chapter 23A, as so 1335 appearing, is hereby further amended by striking out the definition of “Replacement of an 1336 existing facility” and inserting in place thereof the following definition:- 1337 “Retention project”, a project that enables a controlling business to retain not less than 50 1338 permanent full-time employees at a facility located within a gateway city or in an adjacent city or 1339 town that is accessible by public transportation to residents of a gateway city and, without such 1340 project, the retained jobs would be relocated outside of the commonwealth. 1341 SECTION 28. Said section 3A of said chapter 23A, is hereby further amended by striking 1342 out, in line 113, as so appearing, the words “and approved by the EACC”. 1343 SECTION 29. The first sentence of subsection (a) of section 3B of said chapter 23A, as 1344 appearing in section 66 of chapter 7 of the acts of 2023, is hereby amended by striking out the 1345 words “who shall serve as co-chairperson”. 1346 SECTION 30. Subsection (b) of said section 3B of said chapter 23A, as appearing in the 1347 2022 Official Edition, is hereby amended by striking out clauses (iii) to (vii), inclusive, and 1348 inserting in place thereof following 4 clauses:- 1349 (iii) authorize municipalities to apply to the United States Foreign Trade Zone Board for 1350 the privilege of establishing, operating and maintaining a foreign trade zone in accordance with 1351 section 3G; 1352 (iv) assist municipalities in obtaining state and federal resources and assistance for 1353 certified projects and other job creation and retention opportunities; 62 of 276 1354 (v) provide appropriate coordination with other state programs, agencies, authorities and 1355 public instrumentalities to enable certified projects and other job creation and retention 1356 opportunities to be more effectively promoted by the commonwealth; and 1357 (vi) monitor the implementation of the economic development incentive program. 1358 SECTION 31. Subsection (c) of said section 3B of said chapter 23A, as amended by 1359 section 67 of chapter 7 of the acts of 2023, is hereby amended by striking out the first 2 1360 sentences and inserting in place thereof the following sentence:- The director of MOBD shall be 1361 responsible for administering the EDIP in consultation with the secretary of economic 1362 development and the EACC. 1363 SECTION 32. Section 3C of said chapter 23A, as appearing in the 2022 Official Edition, 1364 is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the 1365 following 2 subsections:- 1366 (a) A controlling business may petition the EACC to certify a proposed project by 1367 submitting to the EACC: (i) a detailed description of the proposed project; (ii) a representation 1368 by the controlling business regarding the amount of capital investment to be made, the number of 1369 new jobs to be created and the number of existing jobs to be retained; (iii) a representation by the 1370 controlling business regarding any other economic benefits or other public benefits expected to 1371 result from the construction of the proposed project; and (iv) any other information that the 1372 EACC may require by regulation, policy or guidance. 1373 (b)(1) Upon receipt of a completed project proposal, the EACC may certify the proposed 1374 project, deny certification of the proposed project or certify the proposed project with conditions. 1375 In order to certify a proposed project, with or without conditions, the EACC shall make the 63 of 276 1376 following required findings based on the project proposal and any additional investigation that 1377 the EACC shall make: (i) the proposed project will be located within the commonwealth; (ii) the 1378 proposed project qualifies as an expansion project, in-state relocation project, out-of-state 1379 relocation project or retention project; (iii) the controlling business has committed to maintaining 1380 new and retained jobs for a period of not less than 5 years after the completion of the proposed 1381 project; (iv) the proposed project appears to be economically feasible and the controlling 1382 business has the financial and other means to undertake and complete the proposed project; (v) 1383 the EDIP tax credits available to the controlling business pursuant to this chapter are a significant 1384 factor in its decision to undertake the proposed project; and (vi) the proposed project complies 1385 with all applicable statutory requirements and with any other criteria that the EACC may 1386 prescribe by regulation, policy or guidance. 1387  (2) The EACC shall, by regulation, policy or guidance, provide for the contents of an 1388 application for project certification that may include a requirement that the controlling business 1389 provide written evidence to support the certification provided for in clause (v) in paragraph (1). 1390 SECTION 33. Section 3D of said chapter 23A, as so appearing, is hereby amended by 1391 striking out, in lines 4 and 5, the words “awarded and the schedule on which those credits may be 1392 claimed” and inserting in place thereof the following words:-, the schedule on which those 1393 credits may be claimed and the extent to which the credits are refundable. 1394 SECTION 34. Said section 3D of said chapter 23A, as so appearing, is hereby further 1395 amended by striking out, in lines 25 to 29, inclusive, the words “and (vii) commitments, if any, 1396 made by the controlling business to use Massachusetts firms, suppliers and vendors or to retain 1397 women or minority-owned businesses during the construction of the certified project” and 64 of 276 1398 inserting in place thereof the following words:- (vii) commitments, if any, made by the 1399 controlling business to use Massachusetts firms, suppliers and vendors or to retain women or 1400 minority-owned businesses during the construction of the certified project; and (viii) the 1401 commitments, if any, set forth in a municipal project endorsement. 1402 SECTION 35. Said section 3D of said chapter 23A, as so appearing, is hereby further 1403 amended by striking out, in lines 35 to 37, inclusive, the words “and (iii) limit or restrict the right 1404 of the controlling business to carry unused tax credits forward to subsequent tax years” and 1405 inserting in place thereof the following words:- (iii) limit or restrict the right of the controlling 1406 business to carry unused tax credits forward to subsequent tax years; and (iv) allow all or some 1407 portion of the credits to be refundable. 1408 SECTION 36. Said chapter 23A is hereby further amended by striking out section 3E, as 1409 so appearing, and inserting in place thereof the following section:- 1410 Section 3E. (a) Tax increment financing may be offered by a municipality in accordance 1411 with section 59 of chapter 40 to the controlling business of a certified project, to any person or 1412 entity undertaking a real estate project or to any person or entity expanding a facility if the 1413 municipality finds that there is a strong likelihood that any of the following will occur within the 1414 area in question within a specific and reasonably proximate period of time: (i) a significant influx 1415 or growth in business activity; (ii) the creation of a significant number of new jobs; provided, 1416 however, thqt such new jobs shallnot merely be a replacement or relocation of current jobs 1417 within the commonwealth; or (iii) a private project or investment that will contribute 1418 significantly to the resiliency of the local economy. 65 of 276 1419 (b) A municipality may offer a special tax assessment to the controlling business of a 1420 certified project, a person or entity undertaking a real estate project or a person or entity 1421 proposing to retain permanent full-time jobs at a facility that otherwise would be at risk of 1422 relocating outside of the commonwealth. A special tax assessment shall be set forth in a written 1423 agreement between the municipality and the property owner. The agreement shall include, but 1424 shall not be limited to, the amount of the tax reduction and the period of time over which such 1425 reduction shall be in effect, which shall be for not less than 5 years and not more than 20 years. 1426 A special tax assessment approved by the municipality shall provide for a reduction of the real 1427 property tax that otherwise would be due. The reduction shall be based upon a percentage 1428 reduction in the tax that otherwise would be due on the full assessed value of the affected 1429 property. The special tax assessment shall provide for tax reduction at least equal to the 1430 following: (i) in the first year, the tax reduction shall be not less than 50 per cent of the tax that 1431 would be due based on the full assessed value of the affected property; (ii) in the second and 1432 third years, the tax reduction shall be not less than 25 per cent of the tax that would be due based 1433 on the full assessed value of the affected property; and (iii) in the fourth and fifth years, the tax 1434 reduction shall be not less than 5 per cent of the tax that would be due based on the full assessed 1435 value of the affected property. The municipality may at its discretion provide for greater real 1436 property tax reductions than those described in this subsectioin. 1437  A municipality may approve special tax assessments if it determines that: (i) the property 1438 owner is undertaking a project or otherwise making an investment that contributes to economic 1439 revitalization of the municipality and significantly increases employment opportunities for 1440 residents of the municipality or is retaining permanent full-time employees that otherwise would 1441 be relocated to a facility outside the commonwealth; (ii) the special tax assessment is reasonably 66 of 276 1442 necessary to enable the owner’s investment in the project or to retain the jobs that otherwise 1443 would be relocated; and (iii) the total amount of local tax foregone is reasonably proportionate to 1444 the public benefits resulting from the special tax assessment. 1445 (c) If a municipality offers tax increment financing or a special tax assessment to the 1446 owner or controlling business of a certified project, or to the owner of a facility where a certified 1447 project is located, the municipality shall notify the EACC by submitting a fully executed copy of 1448 the adopted local incentive agreement and any amendments thereto. 1449 SECTION 37. Section 3F of said chapter 23A, as so appearing, is hereby amended by 1450 striking out, in lines 1 and 2, the words “Not later than 2 years after the initial certification of a 1451 project by the EACC, and annually thereafter, the” and inserting in place thereof the following 1452 word:- The. 1453 SECTION 38. Said section 3F of said chapter 23A, as so appearing, is hereby further 1454 amended by striking out, in line 37, the words “with job creation requirements”. 1455 SECTION 39. Said section 3F of said chapter 23A, as so appearing, is hereby further 1456 amended by striking out subsections (d) and (e) and inserting in place thereof the following 2 1457 subsections: 1458 (d) Revocation of a project certification shall take effect on the first day of the tax year in 1459 which the material noncompliance occurred, as determined by the EACC, and all EDIP tax 1460 credits available to the controlling business shall be rescinded and any claimed tax credits 1461 awarded in this chapter shall be recaptured in accordance with subsection (g) of section 6 of 1462 chapter 62 and subsection (i) of section 38N of chapter 63. 67 of 276 1463 (e) Notwithstanding any general or special law to the contrary, if a municipality 1464 terminates a local tax incentive agreement, the municipality may recapture the value of the tax 1465 not paid by making a special assessment on the owner of the real property in the tax year that 1466 follows the municipality’s decision to terminate the agreement. The assessment, payment and 1467 collection of the special assessment shall be governed by procedures provided for the taxation of 1468 omitted property pursuant to section 75 of chapter 59 notwithstanding the time period set forth in 1469 said chapter 59 for which omitted property assessments may be imposed for each of the fiscal 1470 years included in the special assessment. 1471 SECTION 40. Said chapter 23A is hereby further amended by striking out section 3H, as 1472 amended by section 70 of chapter 7 of the acts of 2023, and inserting in place thereof the 1473 following section:- 1474 Section 3H. (a) There shall be a permit regulatory office within the executive office of 1475 economic development. The secretary of economic development shall appoint a person with 1476 experience with permitting and business development to serve as the director of the office. The 1477 director shall: (i) serve as the state permit ombudsperson to new and expanding businesses; (ii) 1478 work with state agencies to expedite the process of obtaining state licenses, permits, state 1479 certificates, state approvals and other requirements of law, but not including divisions of the state 1480 secretary’s office; (iii) provide technical assistance to municipalities interested in streamlining 1481 local permitting processes; (iv) review and approve or deny municipal priority development site 1482 proposals made pursuant to chapter 43D and monitor the development of priority development 1483 sites; (v) subject to appropriation, award technical assistance grants pursuant to said chapter 43D; 1484 and (vi) support the administration of the growth districts initiative as defined in section 1 of 1485 chapter 43E. The permit regulatory office shall consult with the secretary of energy and 68 of 276 1486 environmental affairs, the secretary of housing and livable communities and the secretary of 1487 transportation before approving or denying a proposed priority development site. 1488 (b) There shall be a regulatory ombudsperson within the permit regulatory office to 1489 address regulatory matters of interest to the business community. The regulatory ombudsperson 1490 shall work in partnership with the state permitting ombudsperson to provide assistance to 1491 businesses in the process of complying with state regulations and other requirements of law that 1492 affect businesses. The regulatory ombudsperson shall facilitate communication between 1493 individual businesses and state agencies and provide periodic training to regulatory personnel in 1494 state agencies on how to identify the small business impacts of regulation, how to reduce those 1495 impacts and how to expedite and streamline the process or compliance. 1496 (c) Annually, not later than 1, the director of the permit regulatory office shall file a 1497 report with the house and senate committees on ways and means detailing the activities of the 1498 office. 1499 SECTION 41. Section 56 of said chapter 23A is hereby amended by striking out, in 1500 lines 18 and 19, as appearing in the 2022 Official Edition, the words:- , the Massachusetts 1501 Growth Capital Corporation. 1502 SECTION 42. Section 62 of said chapter 23A is hereby repealed. 1503 SECTION 43. Subsection (a) of section 66 of said chapter 23A, as amended by section 1504 98 of chapter 7 of the acts of 2023, is hereby further amended by striking out the last sentence 1505 and inserting in place thereof the following 2 sentences:- The commission shall seek to enhance 1506 the economic vitality of rural communities and to advance the health and well-being of rural 1507 residents. For the purposes of this section and section 66A, “rural communities” shall mean 69 of 276 1508 municipalities with population density of less than 500 persons per square mile or a population 1509 of less than 7,000 persons as shown in the most recent federal decennial census. 1510 SECTION 44. Said chapter 23A is hereby further amended by inserting after said section 1511 66 the following section:- 1512 Section 66A. (a) The executive office of economic development shall administer a rural 1513 development program to promote economic opportunity and prosperity in rural communities. 1514 The program shall provide financial assistance on a competitive basis to municipalities, other 1515 public entities, community development corporations and nonprofit entities for infrastructure 1516 projects, downtown improvements and other projects that advance economic and community 1517 development, stable housing markets and other priorities identified by the rural policy advisory 1518 commission established in section 66. 1519 (b) The secretary of economic development shall, through guidelines or regulations, 1520 establish an application process and criteria to prioritize the distribution of financial assistance, 1521 taking into account the diversity of rural communities. The guidelines or regulations shall allow 1522 for joint applications by 2 or more rural communities for a single project serving the 1523 municipalities. 1524 (c) Annually, not later than June 2, the secretary of economic development shall report on 1525 the activities and status of the program to the house and senate committees on ways and means 1526 and the joint committee on community development and small businesses. 1527 SECTION 45. Subsection (a) of section 69 of said chapter 23A, as appearing in the 2022 1528 Official Edition, is hereby amended by striking out the third sentence and inserting in place 1529 thereof the following sentence:- For the purposes of this section, “micro business” shall mean a 70 of 276 1530 business entity with: (i) a principal place of business in the commonwealth; (ii) not more than 10 1531 full-time employees; and (iii) annual revenue of not more than $250,000. 1532 SECTION 46. Said section 69 said chapter 23A, as so appearing, is hereby further 1533 amended by striking out, in lines 17 and 18, the words “Massachusetts Growth Capital 1534 Corporation” and inserting in place thereof the following words:- growth capital division of the 1535 Massachusetts Development Finance Agency. 1536 SECTION 47. Section 16 of chapter 23D of the General Laws, as so appearing, is hereby 1537 amended by striking out, in lines 7 and 8, the words “Massachusetts Growth Capital 1538 Corporation” and inserting in place thereof the following words:- Massachusetts Development 1539 Finance Agency. 1540 SECTION 48. Section 20 of said chapter 23D is hereby repealed. 1541 SECTION 49. Section 1 of chapter 23G of the General Laws, as appearing in the 2022 1542 Official Edition, is hereby amended by inserting after the definition of “Bonds” the following 1543 definition:- 1544 “Community development corporation” or “CDC”, a community development 1545 corporation as defined in section 2 of chapter 40H and certified pursuant to section 2A of said 1546 chapter 40H. 1547 SECTION 50. Said section 1 of said chapter 23G, as so appearing, is hereby further 1548 amended by striking out the definition of “Massachusetts Health and Educational Facilities 1549 Authority” and inserting in place thereof the following 3 definitions:- 71 of 276 1550 “Massachusetts Growth Capital Corporation”, the Massachusetts Growth Capital 1551 Corporation established in chapter 40W, the power, functions, assets and liabilities of which 1552 have been merged into the Massachusetts Development Finance Agency. 1553 “Massachusetts Health and Educational Facilities Authority”, or “HEFA”, the authority 1554 established in section 4 of chapter 614 of the acts of 1968. 1555 “Micro business”, a business entity with: (i) a principal place of business in the 1556 commonwealth; (ii) not more than 10 full-time employees; and (iii) annual revenue of not more 1557 than $250,000. 1558 SECTION 51. Said section 1 of said chapter 23G, as so appearing, is hereby further 1559 amended by inserting after the definition of “Revenues” the following definition:- 1560 “Small business”, a business entity, including its affiliates, that (i) is independently 1561 owned and operated; (ii) has a principal place of business in the commonwealth; and (iii) would 1562 be defined as a “small business” under applicable federal law. 1563 SECTION 52. Section 2 of said chapter 23G is hereby amended by striking out 1564 subsection (b), as amended by section 126 of chapter 7 of the acts of 2023, and inserting in place 1565 thereof the following subsection:- 1566 (b) The agency shall be governed and its corporate powers exercised by a board of 1567 directors consisting of the secretary of administration and finance or a designee; the secretary of 1568 economic development or a designee, who shall serve as chair; and 13 members to be appointed 1569 by the governor, 1 of whom shall be experienced in real estate development, 1 of whom shall be 1570 experienced in commercial or industrial credit, 1 of whom shall be experienced in mortgage 72 of 276 1571 lending, 1 of whom shall be experienced in banking or investment banking, 1 of whom shall be 1572 experienced in planning and the redevelopment of environmentally contaminated lands, 1 of 1573 whom shall be a representative of organized labor, 1 of whom shall be experienced in 1574 community economic development and employed by a CDC or a representative of the 1575 Massachusetts Association of Community Development Corporations, 1 of whom shall be a 1576 representative of a community bank in the commonwealth, 1 of whom shall be a representative 1577 of an organization of small businesses or manufacturing companies in the commonwealth, 1 of 1578 whom shall be experienced in small business financing or restructuring and 1 of whom shall be a 1579 small business owner. Each member appointed by the governor shall serve for a term of 3 1580 years; provided, however, that of the initial appointed members, 4 shall serve terms of 2 years 1581 and 5 shall serve terms of 3 years. A person appointed to fill a vacancy in the office of a member 1582 of the board shall be appointed in a like manner and shall serve for only the unexpired term of 1583 such member. A member shall be eligible for reappointment. A member may be removed from 1584 their appointment by the governor for cause. 1585 SECTION 53. Said section 2 of said chapter 23G, as so amended, is hereby further 1586 amended by striking out, in line 34, as appearing in the 2022 Official Edition, the word “Six” and 1587 inserting in place thereof the following word:- Eight. 1588 SECTION 54. Said section 2 of said chapter 23G is hereby further amended by striking 1589 out subsection (l), as so appearing, and inserting in place thereof the following 3 subsections: 1590 (l) The agency shall be the successor to the Massachusetts Growth Capital Corporation, 1591 previously established in section 2 of chapter 40W. All real estate, property rights, personal 1592 property, funds, moneys, revenues, receipts, contract rights and other intangible assets, 73 of 276 1593 equipment and any other ownership, possessory or security interests of any kind whatsoever, or 1594 any portion thereof, held by the Massachusetts Growth Capital Corporation including, but not 1595 limited to, funds previously appropriated by the commonwealth for the Massachusetts Growth 1596 Capital Corporation, shall be deemed for record notice and otherwise, as applicable, to belong to 1597 the agency on the same basis and with the same interest as previously held by the Massachusetts 1598 Growth Capital Corporation. All obligations and liabilities of said Massachusetts Growth Capital 1599 Corporation shall become obligations and liabilities of the Agency. Any resolution taken by or 1600 commitment made by the Massachusetts Growth Capital Corporation with respect to any 1601 financing, including loans, bond issuances, guarantees and insurance and any other action made 1602 by the Massachusetts Growth Capital Corporation shall be a resolution, commitment or action of 1603 the agency. 1604 (m) The Massachusetts Growth Capital Corporation shall continue as long as it shall have 1605 bonds or insurance or guarantee commitments outstanding and until its existence is terminated 1606 by law. Upon the termination of the existence of the agency, all right, title and interest in and to 1607 all of its assets and all of its obligations, duties, covenants and agreements shall vest in and be 1608 possessed, performed and assumed by the commonwealth. 1609 (n) Any documentary materials or data made or received by any member or employee of 1610 the Agency and consisting of, or to the extent that such materials or data consist of, trade secrets 1611 or commercial or financial information regarding the operation of any business conducted by an 1612 applicant for any form of assistance that the agency is authorized to render or regarding the 1613 competitive position of such applicant in a particular field of endeavor, shall not be deemed 1614 public records of the agency and shall not be subject to section 10 of chapter 66. Any discussion 1615 or consideration of such trade secrets or commercial or financial information may be held by the 74 of 276 1616 board in executive sessions but the purpose of any such executive session shall be set forth in the 1617 official minutes of the agency, and no business that is not directly related to such purpose shall 1618 be transacted nor shall any vote be taken during such executive session. 1619 SECTION 55. Subsection (a) of section 3 of said chapter 23G, as so appearing, is hereby 1620 amended by striking out clause (34) and (35) and inserting in place thereof the following 10 1621 clauses:- 1622 (34) to make loans, including working capital and contract based loans, provide 1623 guarantees, loan insurance or reinsurance or otherwise provide financing or credit enhancing 1624 devices for the operation of companies which have a principal place of business in the 1625 commonwealth including, but not limited to, loans to lending institutions under terms and 1626 conditions requiring the proceeds of such loans to be used by such lending institutions for the 1627 making of loans for the operation of companies; 1628 (35) to contract or enter into agreements, licenses and easements, with municipalities, the 1629 federal government, any agency thereof or any other person or entity including, but not limited 1630 to, the commonwealth or any public agencies thereof, regional entities and utility companies, to 1631 provide utility services including, but not limited to, electricity, gas, cable television, broadband 1632 and telephone services and to acquire, construct, maintain and operate any such systems for 1633 utility services; 1634 (36) to borrow money by the issuance of debt obligations whether tax exempt or taxable 1635 and secure such obligations by the pledge of its revenues or the revenues, mortgages and notes of 1636 others; provided, however, that the corporation shall not issue debt obligations pursuant to this 1637 clause if the principal amount of those debt obligations, when added to the principal amount of 75 of 276 1638 existing debt obligations issued by the corporation under this clause, excluding debt obligations 1639 previously refunded or to be refunded by the corporation, would exceed $30,000,000; 1640 (37) to consent, subject to any contract with noteholders or bondholders, whenever it 1641 deems necessary or desirable to implement this chapter, to the modification, with respect to rate 1642 of interest, time of payment of an installment of principal or interest, or other terms, of a 1643 mortgage, mortgage loan, mortgage loan commitment, contract or other agreement to which the 1644 agency is a party; 1645 (38) to create, issue, buy and sell stock and other capital participation instruments, hold 1646 such stock and capital participation instruments and underwrite the creation of a capital market 1647 for these securities; 1648 (39) to provide advisory services, technical assistance and training programs to small 1649 businesses as may necessary or desirable to carry out this chapter; 1650 (40) to create and issue shares that a person, firm or corporation may purchase; provided, 1651 however, that each share issued shall be in the form of non-voting common stock with each share 1652 having a par value of $10; provided, however, that the total value of the shares issued shall not 1653 exceed $25,000,000; 1654 (41) to make loans or grants to, or otherwise finance or invest in, a business to further the 1655 purposes of this chapter; provided, however, that such loans or grants may be made to certified 1656 community development corporations or other community based nonprofit entities for the 1657 purpose of such corporations or entities providing financing to businesses; 76 of 276 1658 (42) to provide loan guarantees to public or private entities for the purpose of causing 1659 such entities to provide financing to a business; and 1660 (43) to require, by contract in a financing agreement, or otherwise, specific operational 1661 activities, financial actions or management changes, as conditions for the receipt of a loan, 1662 financing or investment by the corporation. 1663 SECTION 56. Said subsection (a) of said section 3 of said chapter 23G is hereby further 1664 amended by inserting after clause (43), inserted by section 55, the following paragraph:- 1665 No debt obligation issued under clause (36), no stock or capital participation instrument 1666 created under clause (38) and no share issued under clause (40) by the agency shall be or become 1667 an indebtedness or obligation of the commonwealth and shall be plainly stated on the face of 1668 each bond, capital participation instrument, share or other evidence of indebtedness that it does 1669 not constitute an indebtedness or obligation of the commonwealth and is payable solely from the 1670 revenues or income of the agency. 1671 SECTION 57. Said chapter 23G is hereby further amended by adding the following 2 1672 sections:- 1673 Section 48. (a) There shall be within the agency a growth capital division to provide 1674 growth capital and other financial assistance to small businesses. 1675 (b) The agency may participate in projects to provide capital or increase or improve the 1676 availability of capital; provided, however, that before such participation, the agency shall find 1677 and incorporate in the official records of the corporation that the project is reasonably expected 1678 to: (i) support or promote economic development, revitalization or stability; (ii) promote 77 of 276 1679 employment opportunities for residents; (iii) promote the creation or retention of jobs; or (iv) 1680 support the creation or expansion of a business sector whose success would enhance the 1681 economic development of the commonwealth, quality of life of residents of or employment 1682 opportunities for residents. 1683 The agency shall not participate in a project unless it determines, in writing, that its 1684 participation is necessary because without such participation adequate funding for the project 1685 would not be available or would be offered on terms that would preclude the success of the 1686 project. The agency shall prioritize participation in projects that enhance the quality of life of a 1687 target area as defined in section 2 of chapter 40H or enhance the quality of life and promote 1688 employment opportunities for low- and moderate-income residents of the commonwealth. If a 1689 certified community development corporation requests that the agency participate in a project, 1690 the agency shall make a determination of whether the project is likely to provide employment 1691 opportunities to or enhance the quality of life of low- and moderate-income residents of the 1692 commonwealth, or whether the project supports the creation or expansion of the business sector 1693 in the region served by the CDC. 1694 (c) The agency may participate in projects to provide capital or increase or improve the 1695 availability of capital available to minority-owned or women-owned contractors. The agency 1696 shall not participate in a project unless it determines, in writing, that its participation is necessary 1697 because without such participation adequate funding for the project would not be available or 1698 would be offered on terms that would preclude the success of the project. The agency shall 1699 endeavor to participate in projects each year that promote the equitable growth of minority- 1700 owned or women-owned businesses. 78 of 276 1701 (d) The agency may establish or invest in the capital stock of any corporation organized 1702 to increase capital available to small businesses or to engage local residents and businesses to 1703 work together to undertake programs, projects and activities that develop and improve urban, 1704 rural and suburban communities by creating and expanding economic opportunities for low- and 1705 moderate-income people. Without limitation, any such corporation may: (i) serve as a financial 1706 intermediary between entities undertaking projects and small businesses and public or private 1707 sources of capital including, but not limited to, direct lenders, guarantors or grant makers; and 1708 (ii) provide financial and managerial consulting services to entities undertaking projects, small 1709 businesses and minority-owned or women-owned contractors. Any corporation so organized 1710 may accomplish its purposes by means of investing in the equity capital of, making grants to, 1711 making loans to or issuing loan guarantees to entities undertaking projects or to small businesses. 1712 The agency may have a controlling or a minority interest in such a corporation, as the directors 1713 of the agency shall determine; provided, however, that at least 1 director of the agency shall sit 1714 on the board of directors of the corporation. 1715 (e) Before making an investment in the equity capital of, making grants to, making loans 1716 to or issuing loan guarantees to entities undertaking projects or to small businesses, a corporation 1717 established or in which the agency has invested under subsection (d) shall make the following 1718 findings: 1719 (i) such action is consistent with the objectives of this section and may reasonably be 1720 expected to contribute to the redevelopment and economic well-being of the commonwealth, will 1721 create or retain jobs or will assist minority- or women-owned businesses; 79 of 276 1722 (ii) the funds provided by the agency will be used solely in connection with the costs of 1723 the project or the operation of the small business; 1724 (iii) the contract for participation in a project requires: (A) adequate reporting of financial 1725 data from the small business or project to the corporation; (B) that a business receiving financial 1726 products shall participate in financial and managerial consulting services; and (C) an annual or 1727 other periodic audit of the books of the project or the small business; and 1728 (iv) the corporation’s participation is necessary to the successful completion of the 1729 proposed project or to the success of the small business because funding for the project or small 1730 business is unavailable in the traditional capital markets or that credit has been offered on terms 1731 that would preclude the success of the project or the small business. 1732 If the agency desires to sell or otherwise dispose of stock received under a contract under 1733 this section, the small business or entity undertaking a project, or the small business or entity’s 1734 nominee, shall not later than 120 days have the right of first refusal upon the sale and the right to 1735 meet a subsequent bona fide offer by a third party. The agency shall not, individually or in 1736 combination with a corporation established or invested in by the agency under this section, own 1737 more than 49 per cent of the voting stock in a small business. Upon the request of the agency, 1738 the commissioner of banks shall examine the books of a corporation established or invested in by 1739 the agency under this section, if such examination is a condition of the particular investment, 1740 lending, loan guaranty or grant program administered by such corporation. 1741 (f) The agency shall establish a program to support the provision of financial and 1742 managerial consulting and technical assistance to eligible companies that receive financial 1743 assistance from the commonwealth or any public authorities thereof. Services that may be 80 of 276 1744 supported shall include, but not be limited to, procurement of investment capital, management, 1745 administration, production, product marketing, assisting business in securing federal contracts 1746 and business expansion, renovation and diversification. The program may include: (i) referrals to 1747 technical assistance provided without charge to eligible companies by public and private small 1748 business support organizations; (ii) financial support to engage private consultants; and (iii) a 1749 directory of organizations, experts and consultants available to be engaged to offer financial or 1750 managerial consulting services. The agency shall coordinate the program with the United State 1751 Small Business Administration, the Massachusetts Small Business Development Center Network 1752 and other private for profit and nonprofit providers of consulting and technical assistance to 1753 small businesses. 1754 (g) The agency may provide matching grants to fund consulting and technical assistance 1755 to small businesses who receive financial assistance from the commonwealth or any of the 1756 commonwealth’s public authorities. The grants shall be used by the recipient businesses to pay 1757 for mandated small business consulting and technical assistance services. Prior to awarding a 1758 grant, the agency shall have determined that the financial or managerial consulting services 1759 mandated as a condition of financial support of the small business are not available without 1760 charge from an entity participating in the program and that procuring such services creates a 1761 hardship and impedes the likelihood of success of a project. Grants awarded pursuant to this 1762 subsection shall require a 100 per cent match by the recipient. 1763 (h) The agency may disburse loans and grants to low- and moderate-income 1764 entrepreneurs who are forming, operating or expanding micro businesses in the commonwealth, 1765 in consultation with the micro business development center established by section 69 of chapter 1766 23A. 81 of 276 1767 Section 49. (a) The agency may establish and administer an economic stabilization 1768 program to provide flexible, high-risk financing: 1769 (i) necessary to implement a change of ownership, corporate restructuring or turnaround 1770 plan for economically viable but troubled businesses that face the likelihood of a large 1771 employment loss in the commonwealth, closure of a plant located in the commonwealth or 1772 failure without such a change of ownership, corporate restructuring or turnaround plan; provided, 1773 however, that the program shall provide assistance to firms in specific mature industries for the 1774 purpose of technological investment or upgrading of management operations in order for the 1775 business to maintain future economic stability; and provided further, that the financial 1776 participation of the agency shall aim to supplement private financial institutions and public 1777 economic development agencies when such institutions are unable to provide all the financing or 1778 bear all of the risk necessary to transfer ownership, restructure or turnaround a business where 1779 the business might otherwise fail, experience closure of a plant located in the commonwealth or 1780 greatly reduce its employment in the commonwealth; and 1781 (ii) in connection with starting up employee-owned businesses or the implementation of 1782 employee-ownership projects; provided, however, that the financial participation of the agency 1783 shall aim to supplement private financial institutions and public economic development agencies 1784 when such institutions are unable to provide all the financing or bear all of the risk necessary to 1785 starting up an employee-owned business or implement an employee-ownership project. 1786 (b) Before providing assistance in connection with the purchase of a troubled business 1787 pursuant to clause (i) of subsection (a), the agency’s directors shall determine and incorporate in 1788 the minutes of a meeting of the directors that the business: 82 of 276 1789 (i) is likely to experience a large loss of employment in the commonwealth, closure of a 1790 plant located in the commonwealth or failure without the loan, financing or investment by the 1791 agency; 1792 (ii) within a specific mature industry, requires assistance to technological investment or 1793 upgrading of management operations for the business to maintain future economic stability; 1794 (iii) or person seeking to purchase the troubled business has taken or shall take such 1795 actions as the directors deem necessary to ensure the business has a reasonable chance to 1796 continue as a successful business including, but not limited to, changes in its operations, 1797 financing or management, and that the actions are included as a condition for financing by the 1798 agency in the financing agreement; and 1799 (iv) or person seeking to purchase the troubled business has made diligent efforts to 1800 obtain the financing necessary to continue its operations or transfer ownership of the business 1801 from private financial institutions and public economic development agencies and such financing 1802 is unavailable or has been offered on terms that would prevent the successful continuation or 1803 change in ownership of the business. 1804 (c) When providing assistance in connection with starting up an employee-owned 1805 business or implementation of an employee-ownership project pursuant to this clause (ii) of 1806 subsection (a), the directors shall determine and incorporate in the minutes of a meeting of the 1807 directors that the business: 1808 (i) or person seeking assistance has taken or shall take such actions as the directors deem 1809 necessary to ensure that the employee-owned business or employee-ownership project has a 1810 reasonable chance to succeed; and 83 of 276 1811 (ii) except with respect to assistance for pre-feasibility and feasibility studies, has made 1812 diligent efforts to obtain the financing necessary to institute or implement the employee- 1813 ownership project from private financial institutions and public economic development agencies 1814 and such financing is unavailable or has been offered on terms that would prevent the successful 1815 institution or implementation of the employee-owned business or employee-ownership project. 1816 (d) The agency shall seek to direct not less than10 percent of the financing provided by 1817 the economic stabilization program to businesses that are employee-owned businesses to meet 1818 the purposes of this section. 1819 SECTION 58. Chapter 23I of the General Laws is hereby amended by striking out 1820 section 1, as appearing in the 2022 official edition, and inserting in place thereof the following 1821 section:- 1822 Section 1. The general court finds and declares that: 1823 (i) research in the life sciences and regenerative and preventative medicine presents a 1824 significant opportunity of yielding fundamental biological knowledge from which therapies may 1825 emanate to relieve, on a large scale, human suffering from disease and injury; 1826 (ii) the extraordinary biomedical scientists working within institutions of higher 1827 education, research institutes, hospitals and life sciences companies can contribute significantly 1828 to the welfare of humanity by performing outstanding research in these fields; 1829 (iii) promoting the health of residents is a fundamental purpose of state government; 1830 (iv) promoting life sciences research to foster the development of the next generation of 1831 health-related innovations, to enhance the competitive position of the commonwealth in this vital 84 of 276 1832 sector of the economy and to improve the quality and delivery of health care for the people of the 1833 commonwealth is a clear public purpose and governmental function; 1834 (v) public support for and promotion of the life sciences will benefit the commonwealth 1835 and its residents through improved health status and health outcomes, economic development 1836 and contributions to scientific knowledge and such research will lead to breakthroughs and 1837 improvements that might not otherwise be discovered due to the lack of existing market 1838 incentives, especially in the area of regenerative and preventative medicine, including stem cell 1839 research; 1840 (vi) public support for, and promotion of, life sciences research that mayprovide cures or 1841 new treatments for many debilitating diseases that cause tremendous human suffering and cost 1842 the commonwealth millions of dollars each year; 1843 (vii) it is imperative for the purposes of the commonwealth's competitiveness to invest in 1844 life sciences research, biotechnology, nanotechnology, biosecurity and health-related artificial 1845 intelligence to leverage revenues and encourage cooperation and innovation among public and 1846 private institutions involved in life sciences research and related applications; 1847 (viii) the purposes of this chapter is to continue the establishment of the Massachusetts 1848 Life Sciences Center, to grant that center the power to contract with other entities to receive 1849 other funds and to disburse those funds consistent with the purpose of this chapter; 1850 (ix) the Massachusetts Life Sciences Center will: (i) promote the best available research 1851 in life sciences disciplines through diverse institutions and to build upon existing strengths in the 1852 area of biosciences in order to spread the economic benefits across the commonwealth; and (ii) 1853 foster improved health care outcomes in the commonwealth and the world; and 85 of 276 1854 (x) the investments of the Massachusetts Life Sciences Center wll support future 1855 statewide, comprehensive strategies to lead the nation in life sciences-related research, 1856 innovations and employment. 1857 SECTION 59. Section 2 of said chapter 23I, as so appearing, is hereby amended by 1858 inserting after the definition of “Equity investment” the following definition:- 1859 “Health equity”, addressing the preventable disproportion and differences in the burden 1860 of disease, experienced by populations that have been disadvantaged by their social or economic 1861 status, geographic location or environment. 1862 SECTION 60. Said section 2 of said chapter 23I, as so appearing, is hereby further 1863 amended by striking out the definition of “Life sciences” and inserting in place thereof the 1864 following definition:- 1865 “Life sciences”, advanced and applied sciences that expand the understanding of human 1866 physiology and have the potential to lead to medical advances or therapeutic applications 1867 including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical 1868 engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences-related artificial 1869 intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, 1870 marine biology, marine technology, medical technology, medical devices, nanotechnology, 1871 natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA 1872 interference, stem cell research and veterinary science. 1873 SECTION 61. Section 3 of said chapter 23I is hereby amended by striking out subsection 1874 (b), as amended by section 133 of chapter 7 of the acts of 2023, and inserting in place thereof the 1875 following subsection:- 86 of 276 1876 (b)(1) The center shall be governed and its corporate powers exercised by a board of 1877 directors consisting of: the secretary of administration and finance or a designee, who shall serve 1878 as co-chair; the secretary of economic development or a designee, who shall serve as co-chair; 1879 the president of the University of Massachusetts or a designee; and 6 members to be appointed 1880 by the governor, 1 of whom shall be a chief executive officer of a life sciences corporation based 1881 in the commonwealth who shall be a member of the board of directors of the Massachusetts 1882 Biotechnology Council, Inc., 1 of whom shall be a researcher involved in the commercialization 1883 of biotechnology, pharmaceuticals, medical technology or medical diagnostic products, 1 of 1884 whom shall have significant experience in the medical device sector who shall be a member of 1885 the board of directors of the Massachusetts Medical Device Industry Council, Inc., 1 of whom 1886 shall have significant experience in the health equity subsector of the life sciences sector, 1 of 1887 whom shall have significant experience in the digital health subsector of the life sciences sector 1888 and 1 of whom shall be a member of the board of the Massachusetts Health and Hospital 1889 Association, Inc. 1890 (2) Each appointed member of the board shall serve for a term of 5 years; provided, 1891 however, that in making the initial appointments, the governor shall appoint 1 director to serve 1892 for a term of 1 year, 1 director to serve for a term of 2 years, 1 director to serve for a term of 3 1893 years and 1 director to serve for a term of 4 years. A person appointed to fill a vacancy in the 1894 office of an appointed director of the board shall be appointed in a like manner and shall serve 1895 for only the unexpired term of such director. An appointed director shall be eligible for 1896 reappointment. A director appointed by the governor may be removed from their appointment by 1897 the governor for cause. 87 of 276 1898 SECTION 62. Said section 3 of said chapter 23I is hereby further amended by striking 1899 out, in line 38, as appearing in the 2022 Official Edition, the word “Four” and inserting in place 1900 thereof the following word:- Six. 1901 SECTION 63. Said section 3 of said chapter 23I is hereby further amended by inserting 1902 after the word “center,” in line 71, as so appearing, the following words:- ; provided, however, 1903 that the president may elect to appoint and employ a chief administrative and operational officer. 1904 SECTION 64. Section 4 of said chapter 23I is hereby amended by striking out, in line 64, 1905 as so appearing, the word “Investment” and inserting in place thereof the following word:- 1906 Breakthrough. 1907 SECTION 65. Subsection (a) of said section 4 of said chapter 23I is hereby amended by 1908 inserting after clause (23), as so appearing, the following clause:- 1909 (231/2) to disburse, appropriate, grant, loan or allocate bond proceeds to institutions of 1910 higher education, nonprofit organizations, other public or quasi-public entities in the 1911 commonwealth and certified life sciences companies; provided, however, that eligible grantees 1912 shall include private businesses; provided further, that grants shall be awarded and administered 1913 consistent with the strategic goals and priorities of the center; provided further, that grants 1914 administered for the purchase of equipment to be owned by, leased to or located within the 1915 premises of a private business shall be made in support of a partnership with an institution of 1916 higher education or nonprofit corporation with a mission of supporting the life sciences; 1917 provided further, that a private university or business entity shall not be eligible for a grant 1918 unless the center has made a finding that a grant to such university or entity will result in a 1919 significant public benefit and the private benefit is incidental to a legitimate public purpose; and 88 of 276 1920 provided further, that grants shall be awarded in a manner that promotes geographic and social 1921 economic equity;. 1922 SECTION 66. Said section 4 of said chapter 23I is hereby further amended by striking 1923 out, in line 159, as so appearing, the words “Investment Fund, established pursuant to section 5” 1924 and inserting in place thereof the following word:- Breakthrough Fund, established in section 6. 1925 SECTION 67. Subsection (a) of said section 4 of said chapter 23I is hereby amended by 1926 striking out clauses (31) and (32), as so appearing, and inserting in place thereof the following 3 1927 clauses:- 1928 (31) to track and report to the general court on federal initiatives that have an impact on 1929 life sciences companies doing business in the commonwealth; 1930 (32) to create award programs to acknowledge successful companies, public and private 1931 institutions and programs in industry-specific areas, as determined by the center; and 1932 (33) to convene an advisory board as may be necessary in its judgment to carry out this 1933 chapter. 1934 SECTION 68. Section 5 of said chapter 23I is hereby amended by striking out, in line 64, 1935 as so appearing, the word “Investment” and inserting in place thereof the following word:- 1936 Breakthrough. 1937 SECTION 69. Said section 5 of said chapter 23I is hereby further amended by striking 1938 out, in line 107, as so appearing, the figure “5” and inserting in place thereof the following 1939 figure:- 3. 89 of 276 1940 SECTION 70. Said chapter 23I is hereby further amended by striking out section 6, as so 1941 appearing, and inserting in place thereof the following section:- 1942 Section 6. (a) There shall be within the center a Life Sciences Breakthrough Fund to 1943 finance the activities of the center. The fund shall be credited with: (i) any appropriations or 1944 other money authorized by the general court and specifically designated to be credited to the 1945 fund; (ii) additional funds subject to the direction and control of the center; (iii) pension funds; 1946 (iv) federal grants or loans directed to the fund; (v) royalties or private investment capital that 1947 may properly be applied in furtherance of the objectives of the fund; (vi) any proceeds from the 1948 sale of qualified investments secured or held by the fund; (vii) fees and charges imposed relative 1949 to the making of qualified investments as defined by the center, secured or held by the fund; and 1950 (viii) any other money that may be available to the center for the purposes of the fund from any 1951 other sources. Any funds deposited in the fund shall be available to the center for the purposes of 1952 this section without further appropriation. All available money in the fund that is unexpended at 1953 the end of each fiscal year shall not revert to the General Fund and shall be available for 1954 expenditure in the subsequent fiscal year. 1955 (b) The center shall invest and reinvest the fund and the income thereof as follows: 1956 (i) making qualified investments pursuant to subsection (c); 1957 (ii) defraying the ordinary and necessary expenses for the administration and operation of 1958 the center; provided, however, that administrative and operational expenses shall not exceed 15 1959 per cent of the maximum amount authorized to be expended from the fund in a fiscal year; 1960 (iii) investing any funds not required for immediate disbursement in the purchase of such 1961 securities as may be lawful investments for fiduciaries in the commonwealth; 90 of 276 1962 (iv) paying binding obligations associated with such qualified investments that shall be 1963 secured by the fund as the same become payable; or 1964 (v) paying principal or interest on qualified investments secured by the fund or paying 1965 any redemption premium required to be paid when such qualified investments shall be redeemed 1966 prior to maturity; provided, however, that money in the fund shall not be withdrawn at any time 1967 in such an amount that would reduce the amount of the fund to less than the minimum 1968 requirement established by the board, except to pay binding obligations associated with qualified 1969 investments which shall be secured by the fund as the same become payable. 1970 (c) The fund shall be held and applied by the center, subject to the approval of the board, 1971 to make qualified investments, grants, research and other funding and loans designed to advance 1972 the following public purposes for the life sciences: 1973 (i) stimulating increased financing for the expansion of research and development by 1974 leveraging private financing for highly productive state-of-the-art research and development 1975 facilities, equipment and instrumentation and by providing financing related thereto including, 1976 but not limited to, financing for the construction or expansion of such new facilities; 1977 (ii) making targeted investments, including research funding, proof of concept funding 1978 and funding for the development of devices, drugs or therapeutics and promoting manufacturing 1979 activities for new or existing advanced technologies and life sciences research; provided, 1980 however, that funding provided for the purchase of equipment to be owned by, leased to or 1981 located within the premises of a private businesses shall be made in support of a partnership with 1982 an institution of higher education or nonprofit corporation with a mission of supporting the life 1983 sciences in the commonwealth; provided further, that a private university or business entity shall 91 of 276 1984 not be eligible for funding unless the center has made a finding that such funding will result in a 1985 significant public benefit and the private benefit is incidental to a legitimate public purpose; and 1986 provided further, that grants shall be awarded in a manner that promotes geographic, social and 1987 economic equity. 1988 (iii) making matching grants to colleges, universities, independent research institutions, 1989 nonprofit entities, public instrumentalities, companies and other entities in connection with 1990 support from the federal government, industry and other grant-funding sources related to the 1991 expansion of research and development and increasing and strengthening economic 1992 development, employment opportunities and commercial and industrial sectors in the field of life 1993 sciences; 1994 (iv) providing bridge financing to colleges, universities, independent research institutions, 1995 nonprofit entities, public instrumentalities, companies and other entities for the receipt of grants 1996 as described in clause (iii) awarded or to be awarded by the federal government, industry or other 1997 sources; 1998 (v) providing fellowships, co-ops, high school internships, for which additional 1999 consideration shall be given to socially or economically disadvantaged students at schools where 2000 at least 80 per cent of the student population is eligible for free or reduced lunch, college 2001 internships, for which additional consideration shall be given to socially or economically 2002 disadvantaged students enrolled full-time or part-time at a community college, loans and grants; 2003 (vi) providing workforce training grants to prepare individuals for life sciences careers; 2004 (vii) providing funding for development, coordination and marketing of higher education 2005 programs; and 92 of 276 2006 (viii) making qualified grants to certified life sciences companies for site remediation, 2007 preparation and ancillary infrastructure improvement projects. 2008 (d) Proceeds of the fund may be used by the center to fund life sciences initiatives 2009 including, but not limited to: 2010 (i) international trade initiatives; 2011 (ii) qualified grants and equity investments to further workforce development and 2012 education in the life sciences and to promote a diverse life sciences workforce; 2013 (iii) activities that facilitate the transfer of technology from the commonwealth's research 2014 institutions to the commonwealth's life science industries for productive use by such industries 2015 and targeted investments in proof of concept funding for emerging technologies; 2016 (iv) a program to promote, in collaboration with the department of agricultural resources, 2017 the research and development of plant-made pharmaceuticals and industrial products through 2018 field trials; 2019 (v) initiatives to promote the research, development, adoption and productive application 2020 of artificial intelligence within the commonwealth’s life science industries; 2021 (vi) initiatives to promote health equity, including programs that help to identify and 2022 address preventable disproportion and differences in the burden of disease or opportunities to 2023 achieve optimal health experienced by populations that have been disadvantaged by their social 2024 or economic status, geographic location or environment; 93 of 276 2025 (vii) initiatives to promote the efficient collection, storage and sharing of biological 2026 samples and health information to assist with research and development of new treatments for 2027 disease or otherwise improve patient outcomes; 2028 (viii) initiatives to promote biomanufacturing and supply chain resiliency in the life 2029 sciences; 2030 (ix) initiatives to promote diversity and equity in life sciences entrepreneurship; and 2031 (x) a program to make qualified equity investments in early-stage life sciences companies 2032 and enterprises seeking to raise seed capital; provided, however, that qualified equity 2033 investments shall not exceed $250,000 in any 1 enterprise; provided further, that the center shall 2034 not make such qualified equity investments unless the: (A) investment has been approved by a 2035 majority vote of the board; (B) recipient is a certified life sciences company under section 5; and 2036 (C) center finds, to the extent possible, that a definite benefit to the commonwealth's economy is 2037 reasonably be expected from the investment. 2038 In evaluating a request or application for a qualified equity investment under clause (x), 2039 the center shall consider whether: 2040 (i) the proceeds of the qualified equity investment shall only be used to cover the seed 2041 capital needs of the enterprise except as hereinafter authorized; 2042 (ii) the enterprise has a reasonable chance of success; 2043 (iii) the center's participation is necessary to the success of the enterprise because funding 2044 for the enterprise is unavailable in the traditional capital markets or contingent upon matching 94 of 276 2045 funds or because funding has been offered on terms that would substantially hinder the success 2046 of the enterprise; 2047 (iv) the enterprise has reasonable potential to create a substantial amount of primary 2048 employment, as defined in section 1 of chapter 23G, in the commonwealth; 2049 (v) the enterprise’s principals have made or are prepared to make a substantial financial 2050 and time commitment to the enterprise; (vi) the securities to be purchased shall be qualified 2051 securities; 2052 (vii) a reasonable possibility exists that the center shall, at a minimum, recoup its initial 2053 investment; 2054 (viii) binding commitments have been made to the center by the enterprise for adequate 2055 reporting of financial data to the center, which shall include a requirement for an annual or other 2056 periodic audit of the books of the enterprise, and for such control on the part of the center as the 2057 board shall consider prudent over the management of the enterprise to protect the investment of 2058 the center, including the board's right to access, without limitation, financial and other records of 2059 the enterprise; and 2060 (ix) a reasonable effort has been made to find a professional investor to invest in the 2061 enterprise and such effort was unsuccessful. 2062 (e) The center shall not make a qualified investment pursuant subsection (c) unless: 2063 (i) the investment has been approved by a majority vote of the board; 2064 (ii) the recipient is a certified life sciences company pursuant to section 5 or a project or 2065 initiative listed in subsection (d); 95 of 276 2066 (iii) the center finds, to the extent possible, that a definite benefit to the commonwealth's 2067 economy may reasonably be expected from the qualified investment; provided, however, that in 2068 evaluating a request or application for investment under this subsection, the center shall consider: 2069 (A) the appropriateness of the project; 2070 (B) whether the project has significant potential to expand employment in the 2071 commonwealth; 2072 (C) the project’s potential to enhance technological advancements; 2073 (D) the project's potential to lead to a breakthrough medical treatment for a particular 2074 disease or medical condition; 2075 (E) the project's potential for leveraging additional funding or attracting resources to the 2076 commonwealth; 2077 (F) the project's potential to promote manufacturing in the commonwealth; and 2078 (G) evidence of potential royalty income and contractual means to recapture such income 2079 for the purposes of this chapter, as the center considers appropriate; 2080 (iv) to the extent the investment is a capital investment made pursuant to clause (viii) of 2081 subsection (c), the investment has been approved by the secretary of administration and finance 2082 upon request of the center; provided, however, that such request shall be submitted to the 2083 secretary in writing and shall include, but not be limited to: 2084 (A) a description of the project or program to be funded; 96 of 276 2085 (B) the economic benefits to the commonwealth that can reasonably be expected from the 2086 project or program; 2087 (C) a copy of the proposed contract or other document executing the transaction between 2088 the center and the recipient of the funds; 2089 (D) a description of the contractual or other legal remedies available to the center upon 2090 non-performance of the contract or other document executing the transaction by the recipient 2091 including, but not limited to, any provisions for restitution or reimbursement of the funds 2092 granted, loaned or otherwise invested in or with the recipient; and 2093 (E) any other information as the secretary may determine; and 2094 (v) the investment conforms with the rules approved by the board; provided, however, 2095 that the rules shall set the terms and conditions for investments that shall constitute qualified 2096 investments including, but not limited to, loans, guarantees, loan insurance or reinsurance, equity 2097 investments, grants awarded pursuant to clause (iii) of subsection (c), other financing or redit 2098 enhancing devices, as established by the center directly, on its own behalf or in conjunction with 2099 other public instrumentalities, private institutions or the federal government; provided further, 2100 that said rules shall provide that qualified investments made pursuant to clauses (i) and (ii) of 2101 said subsection (c) shall involve a transaction with the participation of at least 1 at-risk private 2102 party; provided further, that the rules shall establish the terms, procedures, standards and 2103 conditions that the center shall utilize to identify qualified applications, process applications, 2104 make investment determinations, safeguard the fund, advance the objective of increasing 2105 employment opportunities, oversee the progress of qualified investments and secure the 2106 participation of other public instrumentalities, private institutions or the federal government in 97 of 276 2107 such qualified investments; and provided further, that said rules shall provide for negotiated 2108 intellectual property agreements between the center and a qualified investment recipient that 2109 shall include the terms and conditions by which the fund's support may be reduced or withdrawn. 2110 (f) The center may solicit investments by private institutions or investors in the activities 2111 of the fund and may reach agreements with such private institutions or investors regarding the 2112 terms of any such investments including, but not limited to, the rights of such investors to 2113 participate in the income or appropriation of the fund. To further the objective of securing 2114 investments by private institutions or investors in the activities of the fund, the center may 2115 develop a proposal creating a separate investment entity, which shall permit the commingling of 2116 the fund's resources with maximum participation by such private institutions or investors in a 2117 manner consistent with the public purpose of the fund and under the terms and conditions 2118 established to protect and preserve the assets of the fund. 2119 (g) Copies of the approved rules, and any modifications, shall be submitted to the clerks 2120 of the senate and house of representatives, the house and senate committees on ways and means 2121 and the joint committee on economic development and emerging technologies. 2122 (h) Qualified investment transactions made by the center pursuant to this section shall 2123 not, except as specified in this chapter, be subject to chapter 175, shall be payable solely from the 2124 fund and shall not constitute a debt or pledge of the full faith and credit of the commonwealth, 2125 the center or any subdivision of the commonwealth. 2126 (i) The center shall not make an expenditure from or a commitment of the assets of the 2127 fund including, but not limited to, the making of qualified investments secured by the fund, if 98 of 276 2128 following the making of said qualified investment, the amount of the fund shall be less than the 2129 minimum requirement established by the board. 2130 SECTION 71. Subsection (a) of section 7 of said chapter 23I, as so appearing, is hereby 2131 amended by adding the following sentence:- The center may, in its discretion, transfer funds 2132 from the Life Sciences Breakthrough Fund established in section 6 to the Dr. Craig C. Mello 2133 Small Business Equity Investment Fund to implement this section. 2134 SECTION 72. Subsection (a) of section 8 of said chapter 23I, as so appearing, is hereby 2135 amended by adding the following sentence:- The center may, in its discretion, transfer funds 2136 from the Life Sciences Breakthrough Fund established in section 6 to the Dr. Judah Folkman 2137 Higher Education Grant Fund to advance the purposes of this section. 2138 SECTION 73. Sections 9, 10 and 12 of said chapter 23I are hereby repealed. 2139 SECTION 74. Section 15 of said chapter 23I, as appearing in the 2022 Official Edition, is 2140 hereby amended by striking out, in line 18, the words “October 1” and inserting in place thereof 2141 the following words:- December 31. 2142 SECTION 75. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby 2143 amended by inserting after the definition of “Center” the following definition:- 2144 “Certified climatetech company”, a climatetech company that has been certified by the 2145 center for participation in the climatetech industry tax incentive program established in section 2146 16. 2147 SECTION 76. Section 1 of said chapter 23J, as so appearing, is hereby amended by 2148 inserting after the definition of “Clean energy research” the following 3 definitions:-  99 of 276 2149 “Climatetech”, clean energy and any other advanced and applied technologies that 2150 contribute to the decarbonization of the economy, reduce and mitigate greenhouse gas emissions 2151 or mitigate the impacts of climate change through adaptation, resiliency and environmental 2152 sustainability.  2153 “Climatetech company”, a business corporation, partnership, firm, unincorporated 2154 association or other entity engaged in research, development, innovation, manufacturing, 2155 deployment or commercialization of climatetech technologies in the commonwealth and any 2156 affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, 2157 64H or 64I.  2158 “Climatetech research”, clean energy research and other advanced and applied research in 2159 new climatetech technologies. 2160 SECTION 77. Section 2 of said chapter 23J is hereby amended by striking out, in lines 2161 16, 17, 23, 24, 25 and 26, 30, 36, 39, 54, 55, 88 and 89, 90 and 102, as so appearing, the words 2162 “clean energy” and inserting in place thereof, in each instance, the following word:- climatetech. 2163 SECTION 78. Said section 2 of said chapter 23J is hereby further amended by striking 2164 out, in line 32, as so appearing, the word “clean” and inserting in place thereof the following 2165 word:- climatetech. 2166 SECTION 79. Section 3 of said chapter 23J, as so appearing, is hereby amended by 2167 striking out, in lines 14, 37, 72, 87, 90, 92, 109, 112, 113, 131 and 132, 136, 141, 169, 170 and 2168 171, 177 and 179, the words “clean energy” and inserting in place thereof, in each instance, the 2169 following word:- climatetech. 100 of 276 2170 SECTION 80. Said section 3 of said chapter 23J, as so appearing, is hereby further 2171 amended by striking out, in lines 66 and 134, the words “Clean Energy” and inserting in place 2172 thereof, in each instance, the following words:- Climatetech. 2173 SECTION 81. Section 5 of said chapter 23J, as so appearing, is hereby amended by 2174 striking out, in lines 26 and 28, the words “clean energy” and inserting in place thereof, in each 2175 instance, the following word:- climatetech. 2176 SECTION 82. Section 7 of said chapter 23J, as so appearing, is hereby amended by 2177 striking out, in lines 2, 3 and 7, the words “clean energy” and inserting in place thereof, in each 2178 instance, the following word:- climatetech. 2179 SECTION 83. Section 8 of said chapter 23J, as so appearing, is hereby amended by 2180 striking out, in lines 10, 14, 32 and 34, the words “clean energy” and inserting in place thereof, 2181 in each instance, the following word:- climatetech. 2182 SECTION 84. Section 9 of said chapter 23J, as so appearing, is hereby amended by 2183 inserting after the word “energy”, in lines 24, 26, the first time it appears, 28, 29, 31, 32, 36, 41, 2184 52, 54, 58,97, 105 and 134, each time it appears, the following words:- and climatetech. 2185 SECTION 85. Subsection (d) of said section 9 of said chapter 23J, as so appearing, is 2186 hereby amended by striking out clauses (i) to (v), inclusive, and inserting in place thereof the 2187 following 5 clauses:- 2188 (i) the growth of the renewable energy-provider and climatetech industry; (ii) the use of 2189 renewable energy by electricity customers in the commonwealth; (iii) public education and 2190 training regarding renewable energy and climatetech including, but not limited to, promoting 101 of 276 2191 programs and investments that lead to pathways toward economic self-sufficiency for low- and 2192 moderate-income individuals and communities in the clean energy and climatetech industry; (iv) 2193 product and market development; (v) pilot and demonstration projects and other activities 2194 designed to increase the use and affordability of renewable energy and climatetech resources by 2195 and for consumers in the commonwealth; 2196 SECTION 86. Said section 9 of said chapter 23J, as so appearing, is hereby further 2197 amended by inserting after the word “projects”, in line 123, the following words:- ; provided, 2198 however, that climatetech technologies eligible for assistance shall be consistent with the 2199 definition of climatetech. 2200 SECTION 87. Section 9A of said chapter 23J is hereby amended by striking out, in line 2201 24, as so appearing, the words “clean energy” and inserting in place thereof the following word:- 2202 climatetech. 2203 SECTION 88. Subsection (b) of said section 9A of said chapter 23J, as so appearing, is 2204 hereby amended by striking out clauses (11) and (12) and inserting in place thereof the following 2205 4 clauses:- 2206 (11) provide funding for planning, technical and program support to enable a 2207 municipality or group of municipalities with an approved municipal load aggregation plan 2208 authorized pursuant to section 134 of chapter 164, or with approved aggregations authorized 2209 pursuant to section 137 of said chapter 164 and other private aggregations with plans approved 2210 by the center, to enter into a long-term contract to purchase electricity from an offshore wind 2211 developer; 102 of 276 2212 (12) promote jobs and economic and workforce development through capital grants to 2213 companies and governmental entities to of support and stimulate research and development, 2214 innovation, manufacturing, commercialization and deployment of offshore wind in the 2215 commonwealth; 2216 (13) provide for the necessary and reasonable administrative and personnel costs of the 2217 center or of the executive office of energy and environmental affairs related to administering the 2218 fund; and 2219 (14) otherwise further the public purposes of this section. 2220 SECTION 89. Said section 9A of said chapter 23J, as so appearing, is hereby further 2221 amended by inserting after the word “energy”, in line 132, the following words:- , climatetech. 2222 SECTION 90. Section 10 of said chapter 23J, as so appearing, is hereby amended by 2223 striking out, in lines 3 and 6, the words “clean energy” and inserting in place thereof, in each 2224 instance, the following word:- climatetech. 2225 SECTION 91. Section 13 of said chapter 23J, as so appearing, is hereby amended by 2226 striking out, in lines 1, 6, 7, 13, 14 and 15, 17, 18, 20, 23 and 24, 26, 33 and 34, 36 and 37, 42, 2227 44, 49, 56, 64 and 75, the words “clean energy” and inserting in place thereof, in each instance, 2228 the following word:- climatetech. 2229 SECTION 92. Section 15 of said chapter 23J, as so appearing, is hereby amended by 2230 striking out, in lines 2 and 71, the words “Clean Energy” and inserting in place thereof, in each 2231 instance, the following word:- Climatetech. 103 of 276 2232 SECTION 93. Said section 15 of said chapter 23J, as so appearing, is hereby further 2233 amended by striking out, in lines 8, 18, 21, 22, 25, 30 and 31, 35 and 36, 38, 40, 42, 44 and 45, 2234 and in line 47, the words “clean energy” and inserting in place thereof, in each instance, the 2235 following word:- climatetech. 2236 SECTION 94. Subsection (b) of said section 15 of said chapter 23J, as so appearing, is 2237 hereby amended by striking out clauses (ix) and (x) and inserting in place thereof the following 3 2238 clauses:- 2239 (ix) supporting the long-term coexistence and sustainability of the fishing and climatetech 2240 industries; 2241 (x) promoting jobs and economic and workforce development through capital grants to 2242 companies and governmental entities to support and stimulate research and development, 2243 innovation, manufacturing, commercialization and deployment of climatetech technologies in the 2244 commonwealth; and 2245 (xi) providing for the necessary and reasonable administrative and personnel costs of the 2246 center or of the executive office of energy and environmental affairs related to administering the 2247 fund. 2248 SECTION 95. Said chapter 23J is hereby further amended by adding the following 2249 section:- 2250 Section 16. (a) There shall be within the center a climatetech industry tax incentive 2251 program that shall be administered by the center. The purpose of the program shall be to develop 2252 and expand climatetech industry-related employment opportunities in the commonwealth and to 104 of 276 2253 promote climatetech-related economic development in the commonwealth by supporting and 2254 stimulating research, development, innovation, manufacturing and deployment in the climatetech 2255 sector. Certified climatetech companies shall be eligible for participation in the program.  2256 (b) The center may, upon a majority vote of the board, certify a company as a climatetech 2257 company upon: (i) the timely receipt, as determined by the center, of a certification proposal 2258 supported by independently verifiable information, signed under the pains and penalties of 2259 perjury by a person expressly authorized to contract on behalf of the company and shall include, 2260 but not be limited to, an estimate of the projected new state revenue the company expects to 2261 generate during the period for which the company seeks certification together with a plan that 2262 shall include, but not be limited to: (A) precise goals and objectives by which the company 2263 proposes to achieve the projected new state revenue; (B) an estimate of the number of 2264 permanent, full-time employees to be hired or retained; (C) an estimate of the year in which the 2265 company expects to hire or retain the employees; (D) an estimate of the projected average 2266 salaries of said employees; (E) an estimate of the projected taxable income pursuant to chapter 2267 62 generated by those employees; (F) an estimate of the methods by which the company shall 2268 obtain new employees and pursue a diverse workforce; and (G) if applicable, an estimate of the 2269 company's planned capital investment in the commonwealth; and (ii) findings made by the 2270 center, based on the certification proposal, documents submitted therewith and any additional 2271 investigation by the center that shall be incorporated in its approval, that: (A) the company is 2272 likely to contribute substantially to research, development, innovation, manufacturing, 2273 commercialization or deployment of climatetech in the commonwealth; (B) the company has a 2274 substantial likelihood of meeting all statutory requirements and any other criteria that the center 2275 may prescribe including, but not limited to, criteria in the following areas: (1) leveraging 105 of 276 2276 additional funding or attracting additional resources to the commonwealth; (2) increasing 2277 research, development, innovation, manufacturing, commercialization or deployment of climate 2278 technologies within the commonwealth; and (3) creating employment in the commonwealth; and 2279 (B) the company has a substantial likelihood of meeting its state revenue, employment growth 2280 and applicable capital investment projections, as specified in the certification proposal, over the 2281 period for which it receives benefits. 2282 (c)(1) Certification granted pursuant to subsection (b) shall be valid for 5 years starting 2283 with the tax year in which certification is granted. Each certified climatetech company shall file 2284 an annual report with the center certifying whether it has met the specific targets established in 2285 the proposal pursuant to clause (i) of subsection (b) and, if not, detailing its progress towards 2286 those targets.  2287 (2) The certification of a climatetech company may be revoked by the center after an 2288 investigation by the center and a determination that the climatetech company is in material 2289 noncompliance with its certification proposal; provided, however, that the center shall review 2290 each certified climatetech company at least annually. Revocation shall take effect on the first day 2291 of the tax year in which the center determines the certified climatetech company to be in material 2292 noncompliance. The commissioner of revenue shall, as of the effective date of the revocation, 2293 disallow any credits allowed by the original certification of tax benefits under this section. The 2294 commissioner of revenue shall issue regulations to establish a process to recapture the value of 2295 any credits allowed by the certification under this section. For the purposes of this paragraph, 2296 “material noncompliance” shall mean the failure of a certified climatetech company to 2297 substantially achieve the new state revenue, job growth and capital investment projections set 106 of 276 2298 forth in its certification proposal or any other act, omission or misrepresentation by the certified 2299 climatetech company that frustrates the public purpose of the program.   2300 (3) Nothing in this subsection shall limit any legal remedies available to the 2301 commonwealth against any certified climatetech company.  2302  (d) The center, in consultation with the department of revenue, may authorize incentives, 2303 including those established in subsections (ee) and (ff) of section 6 of chapter 62, subsection (j) 2304 of section 38M of chapter 63, sections 38OO, 38PP and 38QQ of said chapter 63, the second 2305 paragraph of subsection (c) of section 42B of said chapter 63 and subsection (yy) of section 6 of 2306 chapter 64H, which shall not exceed $30,000,000 annually. The center, in consultation with the 2307 department of revenue, may limit the incentives to a specific dollar amount or time duration or in 2308 any other manner deemed appropriate by the department of revenue; provided, however, that the 2309 department of revenue shall only allocate the incentives among certified climatetech companies. 2310 The center, in consultation with the department of revenue, shall provide an estimate to 2311 the secretary of administration and finance of the tax cost of extending benefits to a proposed 2312 project before certification, as approved by the commissioner of revenue, based on reasonable 2313 projections of project activities and costs. Tax incentives shall not be available to a certified 2314 climatetech company unless expressly granted by the secretary of administration and finance in 2315 writing. 2316 Section 17. (a) There shall be a Clean Energy and Climate Action Trust Fund. The fund 2317 shall be credited with: (i) any appropriations, bond proceeds or other money authorized by the 2318 general court and specifically designated to be credited to the fund; (ii) federal grants or loans 2319 directed to the fund; (iii) any gifts, grants and private donations; and (iv) interest earned on the 107 of 276 2320 assets of the funds. The fund shall be administered by the center and funds shall be expended for 2321 the purpose of reducing emissions from the built environment with energy efficient retrofits and 2322 upgrades. Any balance in the fund at the close of a fiscal year shall be available for expenditure 2323 in subsequent fiscal years and shall not be transferred to any other fund or revert to the General 2324 Fund. 2325 (b) Annually, not later than June 1, the executive director shall report on the activities of 2326 the fund from the previous calendar year to the clerks of the senate and house of representatives, 2327 the senate and house committees on ways and means, the joint committee on environment and 2328 natural resources and the joint committee on housing. 2329 SECTION 96. Section 18 of chapter 23N of the General Laws is hereby amended by 2330 striking out subsections (b) and (c) , as amended by section 137 of chapter 7 of the acts of 2023, 2331 and inserting in place thereof the following 2 subsections:- 2332 (b) The fund shall be administered by the secretary of economic development. Money in 2333 the fund shall be competitively granted: (I) pursuant to existing workforce development 2334 programs that develop and strengthen workforce opportunities for low-income communities or 2335 vulnerable youth and young adults, including providing opportunities and strategies to promote 2336 stable employment and wage growth; or (ii) competitively granted to eligible recipients pursuant 2337 to subsection (c). 2338 (c) Eligible grant recipients shall provide opportunities that: (i) target at-risk youth, 2339 including resources to empower youth to succeed in the workforce; (ii) provide job skills 2340 trainings, including programs offering trainings in multiple languages and areas for development, 2341 including education and hands on skills; (iii) promote adult literacy, including strategies to 108 of 276 2342 master reading and writing and providing digital formats to increase accessibility; and (iv) 2343 provide English language learning programs to promote access to the workforce; provided, 2344 however, that as an alternative, eligible grant recipients may provide opportunities that: (A) 2345 provide job skills trainings, including education and hands-on skills for individuals with 2346 intellectual, developmental or physical disabilities; or (B) facilitate work permits, professional 2347 credentialing or other workforce opportunities for non-citizens permanently residing under color 2348 of law or otherwise lawfully present in the commonwealth. The secretary of economic 2349 development shall establish criteria to evaluate applications for the grant program; provided, 2350 however, that the criteria shall include, but not be limited to, at-risk populations; provided 2351 further, that preference shall be given to eligible grant recipients providing opportunities for 2352 individuals who at least 2 of the following: (i) are under 30 years of age; (ii) are a victim of 2353 violence; (iii) are over 18 years of age and do not have a high school diploma; (iv) have been 2354 convicted of a felony; (v) have been unemployed or have had a family income below 250 per 2355 cent of the federal poverty level for not less than 6 months; (vi) live in a census tract where over 2356 20 per cent of the populations fall below the federal poverty line; or (vii) have an intellectual, 2357 developmental or physical disability. 2358 SECTION 97. Chapter 25A of the General Laws is hereby amended by inserting after 2359 section 11F1/2 the following section:- 2360 Section 11F 2/3. (a) As used in this section, the following words shall have the following 2361 meanings unless the context clearly requires otherwise: 109 of 276 2362 “Carbon intensity”, the quantity of lifecycle greenhouse gas emissions associated with a 2363 unit of specific transportation fuel expressed in grams of carbon dioxide equivalent per 2364 megajoule of transportation fuel. 2365 “Clean fuel”, transportation fuel with a carbon intensity level that is below the clean fuels 2366 carbon intensity standard in a given year. 2367 “Credit”, a unit of measurement equal to 1 metric ton of carbon dioxide equivalent that 2368 serves as a quantitative measure of the degree to which a fuel provider’s transportation fuel 2369 volume is lower than the carbon intensity established by the clean fuel standard. 2370 "Credit generator", a transportation fuel provider of a clean fuel for use in the 2371 commonwealth which, if the electricity is to be used as a transportation fuel, may include, but 2372 shall not be limited to including, automakers, electric charging providers, electric utilities and 2373 electric vehicle fleet operators. 2374 “Deficit”, a quantitative measure of the degree to which a fuel provider’s volume of 2375 transportation fuel is greater than the carbon intensity than permissible according to the annual 2376 clean fuel standard. 2377 “Full fuels lifecycle”, the aggregate of greenhouse gas emissions, including direct 2378 emissions and significant indirect emissions including, but not limited to, significant emissions 2379 from land use changes as determined by Argonne National Laboratory’s Greenhouse Gases, 2380 Regulated Emissions, and Energy Use in Technologies model or subsequent prevailing standard. 2381 “Transportation fuel provider”, an entity that functions as an importer, blender, refiner, 2382 producer or wholesale retailer of transportation fuels or as a retailer of a clean fuel. 110 of 276 2383 (b)(1) The department shall establish a clean fuel standard that: (i) reduces the aggregate 2384 carbon intensity of transportation fuels by 80 per cent from 1990 levels by 2050; (ii) establishes a 2385 mechanism for the generation and trading of credits at a market-based rate to offset carbon 2386 deficits; and (iii) supports clean energy and accessible transportation projects in disadvantaged 2387 communities. 2388 (2) The department shall establish an annual schedule to phase in implementation of the 2389 clean fuel standard’s carbon intensity reduction that considers the: (i) cost of compliance; (ii) 2390 technologies available to fuel providers; and (iii) need to maintain fuel quality and availability; 2391 provided, however, that the aggregate carbon intensity of a transportation fuel shall be measured 2392 on a full fuels lifecycle basis; and provided further, that the full fuels lifecycle shall be assessed 2393 annually. 2394 (c)(1) The clean fuel standard shall establish a mechanism that assigns credits to 2395 transportation fuel providers whose fuel or fuels’ carbon intensity is below the standards adopted 2396 by the department and a market for the trading of credits at a market-based rate. Credits shall be 2397 quantified based on the total emissions across the lifecycle of the provider’s fuel or fuels and the 2398 annual maximum allowable carbon emission intensity for that year; provided, however, that such 2399 credits may be applied to future obligations or be traded on a market mechanism established by 2400 the department to satisfy or offset compliance obligations of transportation fuel providers 2401 incurring a deficit. 2402 (2) Fuel providers subject to the clean fuel standard shall comply by importing, blending, 2403 refining or wholesaling transportation fuels with an average aggregate carbon intensity that is at 2404 or below the standard as determined by the department or by purchasing credits to offset any 111 of 276 2405 aggregate deficit incurred from transportation fuels exceeding the average carbon intensity 2406 standard for that year. 2407 (d) Public entities serving as credit generators including, but not limited to, utilities and 2408 state agencies, shall invest or direct a percentage, as determined by the department, of the 2409 entity’s overall credit value to support clean energy and accessible transportation projects in 2410 disadvantaged communities beyond existing local, federal and state incentives. The department 2411 shall establish criteria for projects and goals in consultation with credit generators, communities, 2412 community leaders and environmental justice advocates. 2413 (e) The clean fuel standard shall not apply to fuels for aviation, railroad locomotives, 2414 military vehicles or interstate waterborne vessels to the extent such standards are preempted by 2415 federal laws or regulations. 2416 (f) The department shall promulgate rules, regulations, plans, proposals, procedures and 2417 administrative fees as necessary and appropriate to effectuate a clean fuel standard and credit 2418 marketplace to ensure compliance with this section and offset the costs of implementation of the 2419 clean fuel standard. 2420 SECTION 98. Chapter 29 of the General Laws is hereby amended inserting after section 2421 2DDDDDD the following section:- 2422 Section 2EEEEEE. (a) There shall be established and set up on the books of the 2423 commonwealth an Educator Diversity Fund. The commissioner of elementary and secondary 2424 education shall administer the fund. The fund shall be credited with: (i) revenue from 2425 appropriations or other money authorized by the general court and specifically designated to be 2426 credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private 112 of 276 2427 sources including, but not limited to, gifts, grants and donations. The commissioner shall expend 2428 funds for the purposes of furthering the establishment of plans and programs to increase educator 2429 diversity and professional development pertaining to evidence-based culturally responsive and 2430 linguistically sustaining pedagogy and practices in the commonwealth. Amounts credited to the 2431 fund shall not be subject to further appropriation and any money remaining in the fund at the end 2432 of a fiscal year shall not revert to the General Fund. No expenditure made from the fund shall 2433 cause the fund to be in deficit. Amounts received from private sources shall be approved by the 2434 commissioner of elementary and secondary education and subject to review before being 2435 deposited in the fund to ensure that pledged funds are not accompanied by conditions, explicit or 2436 implicit, that may be detrimental to the implementation of plans and programs to increase 2437 educator diversity or professional development pertaining to evidence-based culturally 2438 responsive and linguistically sustaining pedagogy and practices. The review shall be made 2439 publicly available on the department's website. 2440 (b) The commissioner shall establish a grant program for public school districts, charter 2441 schools, nonprofits or community-based organizations and institutions of higher education. 2442 Grants shall be provided for the following purposes: (i) to assist public school districts and 2443 charter schools with the establishment of plans and programs to increase educator diversity, 2444 including, but not limited to, the development of in-house teacher residency programs, pathways 2445 focused on recruiting, developing, and supporting educators who are members of groups 2446 underrepresented in the educator workforce, and other promising practices to increase the 2447 recruitment and retention of diverse educators; (ii) for professional development and other 2448 training for educators and other district and school staff pertaining to evidence-based culturally 2449 responsive and linguistically sustaining pedagogy and practices; (iii) to assist public school 113 of 276 2450 districts and charter schools with the establishment of programs to incentivize diverse and highly 2451 effective educators to work or continue working in districts and charter schools with high 2452 concentrations of economically disadvantaged students or English learners; and (iv) to support 2453 other evidence-based strategies to increase educator diversity and culturally responsive and 2454 linguistically sustaining practices in public school districts and charter schools. The 2455 commissioner shall utilize funding from the fund and may apply for federal, state or other 2456 funding. 2457 (c) Annually, not later than December 1, the commissioner shall report to the clerks of 2458 the senate and house of representatives, the joint committee on education and the senate and 2459 house committees on ways and means on activity of the fund. The report shall include, but not be 2460 limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the 2461 purpose of expenditures from the fund; (iii) grant recipients and the amount received by each 2462 recipient; (iv) anticipated revenue and expenditure projections for the next year; (v) the number 2463 of public school districts, charter schools, nonprofits or community-based organizations, and 2464 institutions of higher education that applied for, but were not granted, funding; and (vi) the 2465 impact of the grant program, including the expenditure of funds by grantees and an analysis of 2466 the types of programs created by said funds. The report shall be publicly available on the 2467 department's website. 2468 SECTION 99. Subsection (b) of section 29K of said chapter 29, as appearing in the 2022 2469 Official Edition, is hereby amended by adding the following paragraph:- 114 of 276 2470 Notwithstanding any general or special law to the contrary, the board of directors of a 2471 state authority may meet independently of management or in executive session to discuss matters 2472 pertaining to said audit or compensation committees. 2473 SECTION 100. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby 2474 amended by adding the following subsection:- 2475 (g) Notwithstanding section 39M of chapter 30 or any other general or special law to the 2476 contrary, a governmental body may procure: (i) broadband internet service; (ii) the design, 2477 installation, maintenance and operation of fiber optic cables and other equipment to provide 2478 broadband internet service to a public building; and (iii) the design, installation, maintenance and 2479 operation of a wireless communication network for a public building or public land or any 2480 combination thereof, in a single procurement conducted in accordance with section 5. Any such 2481 fiber optic cables, wireless network equipment and other physical improvements designed, 2482 installed, maintained and operated pursuant to such procurement shall be considered supplies. 2483 SECTION 101. Section 20 of chapter 31 of the General Laws, as so appearing, is hereby 2484 amended by striking out, in line 10 and 11, the words “18 years” and inserting in place thereof 2485 the following words:- criminal majority. 2486 SECTION 102. Section 24 of chapter 37 of the General Laws, as so appearing, is hereby 2487 amended by striking out, in line 14, the words “18 years” and inserting in place thereof the 2488 following words:- criminal majority. 2489 SECTION 103. Section 59 of chapter 40 of the General Laws, as so appearing, is hereby 2490 amended by striking out, in lines 5 and 6, the words “and pursuant to regulations issued by the 2491 economic assistance coordinating council established in section 3B of chapter 23A,”. 115 of 276 2492 SECTION 104. Said section 59 of said chapter 40, as so appearing, is hereby further 2493 amended by striking out clause (i) and inserting in place thereof the following clause:- 2494 (i) includes a description of the parcels to be included in the agreement;. 2495 SECTION 105. Said section 59 of said chapter 40, as so appearing, is hereby further 2496 amended by striking out, in line 30, the words “within such TIF area”. 2497 SECTION 106. Said section 59 of said chapter 40, as so appearing, is hereby further 2498 amended by striking out, in lines 32 and 33, the words “as required by said regulations”. 2499 SECTION 107. Said section 59 of said chapter 40, as so appearing, is hereby further 2500 amended by striking out clause (vii). 2501 SECTION 108. Said section 59 of said chapter 40, as so appearing, is hereby further 2502 amended by striking out, in line 90, the figure “(viii)” and inserting in place thereof the following 2503 figure:- (vii). 2504 SECTION 109. Said section 59 of said chapter 40, as so appearing, is hereby further 2505 amended by striking out, in lines 91 and 92, the words “and the economic assistance 2506 coordinating council”. 2507 SECTION 110. Section 6 of chapter 40A of the General Laws, as so appearing, is hereby 2508 amended by striking out the second paragraph and inserting in place thereof the following 2509 paragraph:- 2510 A zoning ordinance or by-law shall provide that construction or operations under a 2511 building permit shall conform to any subsequent amendment of the ordinance or by-law unless 2512 the use or construction is commenced not more than 12 months after the issuance of the permit 116 of 276 2513 and, in cases involving construction, unless such construction is continued through to completion 2514 as continuously and expeditiously as is reasonable. Construction or operations under a special 2515 permit issued pursuant to section 9, or site plan approval pursuant to the local ordinance or by- 2516 law, shall conform to any subsequent amendment of the zoning ordinance or by-law or of any 2517 other local land use regulations unless the use or construction is commenced within 3 years after 2518 the issuance of the special permit or site plan approval and, in cases involving construction, 2519 unless such construction is continued through to completion as continuously and expeditiously as 2520 is reasonable. Construction involving the redevelopment of previously disturbed land shall be 2521 deemed to have commenced upon substantial investment in site preparation or infrastructure 2522 construction and construction of developments intended to proceed in phases shall proceed 2523 expeditiously, but not continuously, among phases. 2524 SECTION 111. Section 4G of chapter 40J of the General Laws, as so appearing, is 2525 hereby amended by inserting after the word “granted”, in line 21, the following words:- ; 2526 provided further, that the University of Massachusetts may leverage funding sourced from an 2527 agency to meet the match requirement. 2528 SECTION 112. Subsection (c) of section 6B of said chapter 40J, as amended by section 2529 179 of chapter 7 of the acts of 2023, is hereby further amended by striking out the last sentence. 2530 SECTION 113. Chapter 40W of the General Laws is hereby repealed. 2531 SECTION 114. Section 98F of chapter 41 of the General Laws, as appearing in the 2022 2532 Official Edition, is hereby amended by striking out, in line 22, the words “18 years of age” and 2533 inserting in place thereof the following words:- the age of criminal majority. 117 of 276 2534 SECTION 115. Section 2 of chapter 43D of the General Laws, as so appearing, is hereby 2535 amended by striking out the definition of “Interagency permitting board”. 2536 SECTION 116. Said section 2 of said chapter 43D, as so appearing, is hereby further 2537 amended by striking out the definition of “Priority development site” and inserting in place 2538 thereof the following 2 definitions:- 2539 “Permit regulatory office”, the permit regulator office in the executive office of economic 2540 development establishedin section 3H of chapter 23A. 2541 “Priority development site”, a privately or publicly owned property that is: (i) eligible 2542 under applicable zoning provisions, including special permits or other discretionary permits, for 2543 the development or redevelopment of a building of not less than 50,000 square feet of gross floor 2544 area in new or existing buildings or structures; and (ii) designated as a priority development site 2545 by the permit regulatory office; provided, however, that several parcels or projects may be 2546 included within a single priority development site. 2547 SECTION 117. Said chapter 43D is hereby further amended by striking out section 3, as 2548 so appearing, and inserting in place thereof the following section:- 2549 (a) A governing body seeking designation of a priority development site shall file a 2550 formal proposal with the permit regulatory office. If the proposal includes an intention to 2551 develop housing within the priority development site, the governing body shall provide a copy of 2552 the proposal to the secretary of housing and livable communities. The proposal shall include: (i) 2553 a detailed description of the property; (ii) a good faith commitment to comply with this chapter; 2554 (iii) a description of the uses that could be developed within the priority development site; and 2555 (iv) such other information as the secretary shall, after consultation with the secretary of energy 118 of 276 2556 and environmental affairs, the secretary of housing and livable communities and the secretary of 2557 transportation, require by regulation or guidelines . 2558 (b) The secretary shall by regulation or guidelines establish the criteria for designating 2559 priority development sites. These criteria shall include a preference for areas that include at least 2560 1 of the following: (i) underutilized buildings or facilities; (ii) adequate utilities for the types of 2561 development anticipated to occur; (iii) convenient access to a public transit station; or (iv) areas 2562 in which electric grid capacity can satisfy new all electric building. Priority development sites 2563 shall not include areas containing highly sensitive natural resources or areas in which 2564 development would be at significant risk from rising sea levels or other flood risk caused or 2565 exacerbated by climate change. 2566 SECTION 118. Section 11 of said chapter 43D, as so appearing, is hereby amended by 2567 striking out subsection (a) and inserting in place thereof the following subsection:- 2568 (a) Permits shall not transfer automatically to successors in title except as provided in a 2569 local ordinance or by-law or in an applicable state law or regulation. 2570 SECTION 119. Said chapter 43D is hereby further amended by striking out section 12, as 2571 so appearing, and inserting in place thereof the following section:- 2572 Section 12. A municipality containing a priority development site shall receive priority 2573 consideration for: (i) grant programs administered by the executive office of economic 2574 development; (ii) state resources for business development including, but not limited to, quasi- 2575 public financing and training programs; (iii) brownfields remediation assistance administered by 2576 the Massachusetts Development Finance Agency; and (iv) technical assistance provided by the 2577 regional planning council. Such state financial or technical assistance shall be used to facilitate 119 of 276 2578 development within the priority development site. Priority consideration for such grants and 2579 other financial assistance shall apply only to a municipality that is in compliance with the multi- 2580 family zoning requirements under section 3A of chapter 40A, if applicable. 2581 SECTION 120. Section 13 of said chapter 43D is hereby repealed. 2582 SECTION 121. Section 1 of chapter 55 of the General Laws, as appearing in the 2022 2583 Official Edition, is hereby amended by inserting after the definition of “Candidate’s committee” 2584 the following definition:- 2585 “Childcare services”, care services provided to a candidate’s child or dependent child 2586 including, but not limited to, baby-sitting services by an individual, nonprofit or for-profit 2587 organizations that provide such services and any other costs directly related to such services that 2588 occur as a result of campaign activities; provided, however, that expenses related to child-care 2589 services shall not include payments to a family member, as defined in section 1 of chapter 50, of 2590 a child, unless the family member owns, operates or is employed by a professional daycare or 2591 babysitting service or a nonprofit or for-profit organization that provides childcare services and 2592 the cost of the service is not greater than such family member would otherwise charge. 2593 SECTION 122. Section 6 of said chapter 55, as so appearing, is hereby amended by 2594 inserting, after the word “to”, in line 64, the following words:- the provision of child-care 2595 services,. 2596 SECTION 123. Chapter 61A of the General Laws is hereby amended by striking out 2597 section 2, as so appearing, and inserting in place thereof the following section:- 120 of 276 2598 Section 2. Land shall be considered to be in horticultural use when primarily and directly 2599 used in: (i) raising fruits, vegetables, berries, nuts and other foods for human consumption, feed 2600 for animals, tobacco, flower, sod, trees, nursery or greenhouse products and ornamental plants 2601 and shrubs for the purpose of selling such products or a product derived from such plants in the 2602 regular course of business; (ii) raising forest products under a certified forest management plan, 2603 approved by and subject to procedures established by the state forester, designed to improve the 2604 quantity and quality of a continuous crop for the purpose of selling these products in the regular 2605 course of business; or (iii) in a related manner which is incidental to those uses and represents a 2606 customary and necessary use in raising such products and preparing them for market or the 2607 products derived therefrom for market. 2608 SECTION 124. Section 6 of chapter 62 of the General Laws is hereby amended by 2609 striking out, in line 149, as so appearing, the words “’EDIP contract’ and ‘proposed project'” and 2610 inserting in place thereof the following words:- “EDIP contract”, “proportion of compliance”, 2611 “proposed project” and “refundable credit”. 2612 SECTION 125. Paragraph (3) of subsection (g) of said section 6 of said chapter 62 is 2613 hereby amended by striking out the last sentence, as amended by section 215 of chapter 7 of the 2614 acts of 2023, and inserting in place thereof the following 2 sentences:- The EACC shall provide 2615 the commissioner with the documentation that the commissioner deems necessary to confirm 2616 compliance with the annual cap, and the commissioner shall provide a report confirming 2617 compliance to the secretary of administration and finance and the secretary of economic 2618 development. Notwithstanding section 21 of chapter 62C, the department of revenue shall 2619 provide the EACC with documentation confirming tax credits claimed under this subsection by 2620 the owner or lessee of a certified project. 121 of 276 2621 SECTION 126. Paragraph (8) of said subsection (g) of said section 6 of said chapter 62, 2622 as appearing in the 2022 Official Edition, is hereby amended by striking out the last sentence and 2623 inserting in place thereof the following sentence:- The amount of credits subject to recapture 2624 shall be equal to the taxpayer’s proportion of compliance, as determined by the EACC as part of 2625 its revocation process and reported to the taxpayer and the department of revenue at the time that 2626 certification is revoked. 2627 SECTION 127. Said section 6 of said chapter 62 is hereby further amended by striking 2628 out subsection (t), as amended by section 215 of chapter 7 of the acts of 2023. 2629 SECTION 128. Said section 6 of said chapter 62 is hereby further amended by striking 2630 out, in line 1422, as appearing in the 2022 Official Edition, the figure “50” and inserting in place 2631 thereof the following figure:- 10. 2632 SECTION 129. Said section 6 of said chapter 62 is hereby further amended by striking 2633 out, in line 1468, as so appearing, the word “its” and inserting in place thereof the following 2634 words:- the owner’s. 2635 SECTION 130. Said section 6 of said chapter 62 is hereby further amended by striking 2636 out, in line 1488, as so appearing, the words “owner’s capital investment in” and inserting in 2637 place thereof the following words:- total leasable square footage of. 2638 SECTION 131. Said section 6 of said chapter 62 is hereby further amended by striking 2639 out, in lines 1489 and 1490, as so appearing, the words “, in the aggregate with other tenants at 2640 the offshore wind facility, not less than 200” and inserting in place thereof the following words:- 2641 not less than 50. 122 of 276 2642 SECTION 132. Said section 6 of said chapter 62, as most recently amended by section 23 2643 of chapter 50 of the acts of 2023, is hereby further amended by adding the following 3 2644 subsections:- 2645 (ee)(1) As used in this subsection, the following words shall have the following meanings 2646 unless the context clearly requires otherwise:- 2647 “Capital investment”, expenses incurred for the site preparation and construction, repair, 2648 renovation, improvement or equipping of a building, structure or facility or other improvements 2649 to real property including, but not limited to, site-related utility and transportation infrastructure 2650 improvements.   2651 “Center”, the Massachusetts clean energy technology center established in section 2 of 2652 chapter 23J.   2653 “Certified climatetech company”, as defined in section 1 of chapter 23J. 2654 “Climatetech facility”, any building, complex of buildings or structural components of 2655 buildings, including access infrastructure and machinery and equipment used in the research, 2656 manufacturing, assembly, development, provision or administration of goods or services in the 2657 climatetech sector. 2658 “Owner”, a taxpayer subject to tax under this chapter that: (i) holds title to a climatetech 2659 facility; or (ii) ground leases the land underlying a climatetech facility for not less than 50 years. 2660 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a climatetech 2661 facility. 123 of 276 2662 (2) An owner or tenant, to the extent authorized by the climatetech tax incentive program 2663 established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed 2664 by this chapter in an amount, as determined by the center, of not more than 50 per cent of the 2665 owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded 2666 pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond 2667 with the period in which the owner or tenant is certified pursuant to said section 16 of said 2668 chapter 23J. 2669 (3) An owner shall be eligible for a tax credit authorized under this subsection if the 2670 owner demonstrates to the center that the: (i) owner is a certified climatetech company; (ii) 2671 owner's total capital investment in the climatetech facility is not less than $5,000,000; and (iii) 2672 climatetech facility will employ not less than 50 new full-time employees by the fifth year of the 2673 owner's certification period under section 16 of chapter 23J. Upon verification, the center shall 2674 provide this information to the department of revenue for the purpose of administering the credit. 2675 (4) A tenant shall be eligible for a tax credit authorized under this subsection if the tenant 2676 demonstrates to the center that the: (i) tenant is a certified climatetech company; (ii) owner has 2677 made a total capital investment in the facility that is not less than $5,000,000; (iii) tenant 2678 occupies a leased area of the climatetech facility that represents not less than 25 per cent of the 2679 total leasable square footage of the facility; and (iv) tenant will employ not less 13 full-time 2680 employees by the fifth year of the tenant's certification period under section 16 of chapter 23J. 2681 Upon verification, the center shall provide this information to the department of revenue for the 2682 purpose of administering the credit. The amount of tax credits awarded under this subsection to a 2683 tenant for a taxable year shall not exceed the tenant's total lease payments for occupancy of the 2684 climatetech facility for the taxable year. 124 of 276 2685 (5) The department of revenue shall issue the refundable portion of the credit without 2686 further appropriation and in accordance with the cumulative amount, including the current year 2687 costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set 2688 forth in subsection (d) of section 16 of chapter 23J. 2689 (6) The credit under this subsection shall be attributed on a pro rata basis to the owners, 2690 partners or members of the legal entity entitled to the credit under this subsection and shall be 2691 allowed as a credit against the tax due under this chapter from such owners, partners or members 2692 in a manner determined by the commissioner. 2693 (7) The department of revenue shall promulgate such rules and regulations as necessary 2694 to administer the credit established in this section.  2695 (ff)(1) A taxpayer, to the extent authorized by the climatetech tax incentive program 2696 established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable jobs 2697 credit against the tax liability imposed in this chapter in an amount determined by the 2698 Massachusetts clean energy technology center, in consultation with the department of revenue. 2699 (2) A taxpayer taking a credit under this subsection shall commit to the creation of not 2700 less than 5 net new permanent full-time employees in the commonwealth. 2701 (3) A credit allowed under this subsection shall reduce the liability of the taxpayer under 2702 this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds 2703 the taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per 2704 cent of such excess credit, to the extent authorized by the climatetech tax incentive program, 2705 shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other 2706 taxable years. 125 of 276 2707 (4) The department of revenue shall issue the refundable portion of the jobs credit 2708 without further appropriation and in accordance with the cumulative amount, including the 2709 current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 2710 annually as set forth in subsection (d) of section 16 of chapter 23J. 2711 (5) The credit under this subsection shall be attributed on a pro rata basis to the owners, 2712 partners or members of the legal entity entitled to the credit under this subsection and shall be 2713 allowed as a credit against the tax due under this chapter from such owners, partners or members 2714 in a manner to be determined by the commissioner. 2715 (gg)(1) An employer engaged in business within the commonwealth that is not a business 2716 corporation subject to the excise under chapter 63 may be allowed a credit each taxable year 2717 against the tax liability imposed by this chapter equal to $5,000 or 50 per cent of the wages paid 2718 to each net-new qualified intern employed in the taxable year, whichever is less. If a credit 2719 allowed by this subsection exceeds the tax otherwise due under this chapter, 100 per cent of the 2720 balance of such credit may, at the option of the taxpayer, be refunded to the taxpayer. 2721 (2) For an employer to be eligible for a credit under this subsection: (i) the intern shall be 2722 enrolled in or a recent graduate of a public or private institution of higher education located 2723 within the commonwealth; (ii) the intern shall have been employed as a qualified intern by the 2724 employer for not less than 12 weeks in the taxable year for which the credit is claimed; and (iii) 2725 the employer shall demonstrate that the total number of interns employed in the taxable year 2726 exceeds the average number of interns employed by the taxpayer per year over the previous 3 2727 years. An intern shall not be qualified if such intern is participating in another internship or 126 of 276 2728 apprenticeship program for which an employer has claimed a credit in the taxable year under this 2729 subsection or chapter 63. 2730 (3) The total cumulative value of the credits authorized under this subsection and section 2731 38RR of chapter 63 shall not exceed $10,000,000 annually. An employer shall not claim more 2732 than $100,000 in credits under this subsection for any taxable year. A credit allowed under this 2733 subsection shall not be transferable. 2734 (4) The credit under this subsection shall be attributed on a pro rata basis to the owners, 2735 partners or members of the legal entity entitled to the credit under this subsection and shall be 2736 allowed as a credit against the tax due under this chapter of such owners, partners or members, in 2737 a manner determined by the commissioner. 2738 (5) The executive office of economic development, in consultation with the 2739 commissioner, shall authorize, administer and determine eligibility for the tax credit pursuant to 2740 this subsection and section 38RR of chapter 63 and shall allocate the credit in accordance with 2741 the standards and requirements set forth in regulations promulgated under this subsection. The 2742 secretary of economic development, in consultation with the commissioner, shall promulgate 2743 regulations establishing an application process for the credit. 2744 (6) The secretary of economic development shall file an annual report with the house and 2745 senate committees on ways and means, the joint committee on economic development and 2746 emerging technologies and the joint committee on labor and workforce development identifying: 2747 (i) total amount of tax credits claimed under this subsection and section 38RR of chapter 63; (ii) 2748 the number of participating interns; and (iii) the number of participating employers; provided, 2749 however, that in the fourth submission of the annual report, the secretary of economic 127 of 276 2750 development shall provide an assessment of the effectiveness of the credit offered under this 2751 subsection and said section 38RR of said chapter 63 in achieving the goal of retaining graduating 2752 talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the department of 2753 revenue may provide to the secretary of economic development de-identified, statistical tax 2754 return information related to the tax filings of former participating interns for the 5 tax years 2755 beginning after the conclusions of the internship to evaluate whether former interns are both 2756 employed and domiciled in the commonwealth after the internship. Said information must be 2757 shared in a manner that prevents the identification of particular tax returns. 2758 SECTION 133. Subsection (a) of section 31M of chapter 63 of the General Laws, as 2759 appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Life 2760 sciences” and inserting in place thereof the following definition:- 2761 “Life sciences,” advanced and applied sciences that expand the understanding of human 2762 physiology and have the potential to lead to medical advances or therapeutic applications 2763 including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical 2764 engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial 2765 intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, 2766 marine biology, marine technology, medical technology, medical devices, nanotechnology, 2767 natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA 2768 interference, stem cell research and veterinary science. 2769 SECTION 134. Section 38M of said chapter 63, as so appearing, is hereby amended by 2770 striking out, in lines 120 and 121, the words “and (ii) equipment for the National Aeronautics 2771 and Space Administration” and inserting in place thereof the following words:- 128 of 276 2772 (ii) equipment for the federal National Aeronautics and Space Administration; and (iii) 2773 medical countermeasures including, but not limited to, medicines and medical supplies that can 2774 be used to diagnose, prevent or treat diseases related to chemical, biological, radiological or 2775 nuclear threats, biologic products, vaccines, blood products, antibodies, antimicrobial or antiviral 2776 drugs, diagnostic tests to identify threat agents and personal protective equipment. 2777 SECTION 135. Subsection (k) of said section 38M of said chapter 63, as so appearing, is 2778 hereby amended by striking out the definition of “Life sciences” and inserting in place thereof 2779 the following 3 definitions:- 2780 “Climatetech”, shall have the same meaning as ascribed to it in section 1 of chapter 23J. 2781 “Climatetech company”, shall have the same meaning as ascribed to it in section 1 of 2782 chapter 23J. 2783 “Life sciences”, advanced and applied sciences that expand the understanding of human 2784 physiology and have the potential to lead to medical advances or therapeutic applications 2785 including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical 2786 engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial 2787 intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, 2788 marine biology, marine technology, medical technology, medical devices, nanotechnology, 2789 natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA 2790 interference, stem cell research and veterinary science. 2791 SECTION 136. Said subsection (k) of said section 38M of said chapter 63, as so 2792 appearing, is hereby further amended by striking out the definition of “Taxpayer” and inserting 2793 in place thereof the following definition:- 129 of 276 2794 “Taxpayer”, a person, certified life sciences company or a certified climatetech company 2795 subject to the taxes imposed by chapter 62, 63, 64H or 64I. 2796 SECTION 137. Said section 38M of said chapter 63, as so appearing, is hereby further 2797 amended by inserting after the figure “23I”, in line 144, the following words:- or the climatetech 2798 tax incentive program established in subsection (d) of section 16 of chapter 23J. 2799 SECTION 138. Section 38N of said chapter 63 is hereby amended by striking out 2800 subsection (a), as so appearing, and inserting in place thereof the following subsection:- 2801 (a) As used in this section, “Certified project”, “EACC”, “EDIP contract”, “Proportion of 2802 compliance” and “Refundable credit” shall have the same meanings as ascribed to them in 2803 section 3A of chapter 23A. 2804 SECTION 139. Said section 38N of said chapter 63 is hereby further amended by striking 2805 out, in line 27, as so appearing, the word “or”, the second time it appears, and inserting in place 2806 thereof the following word:- of. 2807 SECTION 140. Said section 38N of said chapter 63 is hereby further amended by striking 2808 out, in line 29, as so appearing, the word “or”, the second time it appears, and inserting in place 2809 thereof the following word:- of. 2810 SECTION 141. The second paragraph of subsection (c) of said section 38N of said 2811 chapter 63, as amended by section 229 of chapter 7 of the acts of 2023 , is hereby further 2812 amended by adding the following sentence:- Notwithstanding section 21 of chapter 62C, the 2813 department of revenue shall provide the EACC with documentation confirming credits claimed 130 of 276 2814 under this section by a corporation subject to tax under this chapter that is the controlling 2815 business of a certified project, or an affiliate of a controlling business. 2816 SECTION 142. Said section 38N of said chapter 63 is hereby further amended by striking 2817 out, in line 46, as appearing in the 2022 Official Edition, the words “31A or”. 2818 SECTION 143. Subsection (i) of said section 38N of said chapter 63, as so appearing, is 2819 hereby amended by striking out the last sentence and inserting in place thereof the following 2820 sentence:- The amount of credits subject to recapture shall be equal to the corporation’s 2821 proportion of compliance as determined by the EACC as part of its revocation process and 2822 reported to the corporation and the department of revenue at the time certification is revoked. 2823 SECTION 144. Subsection (a) of section 38U of said chapter 63, as so appearing, is 2824 hereby amended by striking out the definition of “Life sciences” and inserting in place thereof 2825 the following definition:- 2826 “Life sciences”, advanced and applied sciences that expand the understanding of human 2827 physiology and have the potential to lead to medical advances or therapeutic applications 2828 including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical 2829 engineering, biopharmaceuticals, biotechnology, biosecurity, life sciences related artificial 2830 intelligence, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, 2831 marine biology, marine technology, medical technology, medical devices, nanotechnology, 2832 natural product pharmaceuticals, proteomics, regenerative and preventative medicine, RNA 2833 interference, stem cell research and veterinary science. 2834 SECTION 145. Section 38LL of said chapter 63, as so appearing, is hereby amended by 2835 striking out, in line 9, the figure “50” and inserting in place thereof the following figure:- 10 131 of 276 2836 SECTION 146. Section 38MM of said chapter 63, as so appearing, is hereby amended by 2837 striking out, in line 28, the word “its” and inserting in place thereof the following words:- the 2838 owner’s. 2839 SECTION 147. Said section 38MM of said chapter 63, as so appearing, is hereby further 2840 amended by striking out, in lines 47 and 48, the words “owner’s capital investment in” and 2841 inserting in place thereof the following words:- total leasable square footage of. 2842 SECTION 148. Said section 38MM of said chapter 63, as so appearing, is hereby further 2843 amended by striking out, in lines 48 to 50, inclusive, the words “, in the aggregate with other 2844 tenants at the offshore wind facility, not less than 200” and inserting in place thereof the 2845 following words:- not less than 50. 2846 SECTION 149. Said chapter 63 is hereby further amended by inserting after section 2847 38MM the following 4 sections:- 2848 Section 38OO. (a) As used in this section, the following words shall have the following 2849 meanings unless the context clearly requires otherwise:   2850 “Capital investment”, expenses incurred for the site preparation and construction, repair, 2851 renovation, improvement or equipping of a building, structure or facility or other improvements 2852 to real property including, but not limited to, site-related utility and transportation infrastructure 2853 improvements.  2854 “Center”, the Massachusetts clean energy technology center established in section 2 of 2855 chapter 23J.   2856 “Certified climatetech company as defined in section 1 of chapter 23J. 132 of 276 2857 “Climatetech facility”, a building, complex of buildings or structural components of 2858 buildings, including access infrastructure, and all machinery and equipment used in the research, 2859 manufacturing, assembly, development, provision or administration of goods or services in the 2860 climatetech sector. 2861 “Owner”, a taxpayer subject to tax under this chapter that: (i) is a corporation that holds 2862 title to a climatetech facility; or (ii) ground leases the land underlying a climatetech facility for 2863 not less than 50 years. 2864 “Tenant”, a taxpayer subject to tax under this chapter that is a lessee in a climatetech 2865 facility.   2866 (b) An owner or tenant, to the extent authorized by the climatetech tax incentive program 2867 established in section 16 of chapter 23J, may take a refundable credit against the taxes imposed 2868 by this chapter in an amount, as determined by the center, of not more than 50 per cent of the 2869 owner’s total capital investment in a climatetech facility. The total amount of tax credit awarded 2870 pursuant to this section shall be distributed in equal parts over the 5 taxable years that correspond 2871 to the period in which the owner or tenant is certified pursuant to said section 16 of said chapter 2872 23J. 2873 (c) An owner shall be eligible for a tax credit under this section if the owner demonstrates 2874 to the center that the: (i) owner is a certified climatetech company; (ii) owner's total capital 2875 investment in the climatetech facility equals not less than $5,000,000; and (iii) climatetech 2876 facility will employ not less than 50 new full-time employees by the fifth year of the owner's 2877 certification period under section 16 of chapter 23J. Upon verification, the center shall provide 2878 this information to the department of revenue for the purpose of administering the credit. 133 of 276 2879 (d) A tenant shall be eligible for a tax credit under this section if the tenant demonstrates 2880 to the center that the: (i) tenant is a certified climatetech company; (ii) owner’s total capital 2881 investment in the facility equals not less than $5,000,000; (iii) tenant occupies a leased area of 2882 the climatetech facility that represents not less than 25 per cent of the total leasable square 2883 footage of the facility; and (iv) tenant shall employ not less 13 full-time employees by the fifth 2884 year of the tenant's certification period under section 16 of chapter 23J. Upon verification, the 2885 center shall provide this information to the department of revenue for the purpose of 2886 administering the credit. The amount of tax credits awarded under this section to a tenant for a 2887 taxable year shall not exceed the tenant's total lease payments for occupancy of the climatetech 2888 facility for the taxable year. 2889 (e) The department of revenue shall issue the refundable portion of the credit without 2890 further appropriation and in accordance with the cumulative amount, including the current year 2891 costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set 2892 forth in subsection (d) of section 16 of chapter 23J. 2893 (f) The department of revenue shall promulgate such rules and regulations as necessary to 2894 administer the credit established in this section. 2895 Section 38PP. (a) A taxpayer may, to the extent authorized pursuant to the climatetech 2896 tax incentive program established in section 16 of chapter 23J, be allowed a credit against its 2897 excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the 2898 qualified research expenses for the taxable year, over the base amount, and 15 per cent of the 2899 basic research payments determined pursuant to section 41(e)(1)(A) of the Internal Revenue 2900 Code; provided, that the terms ''qualified research expenses'', ''base amount'', ''qualified 134 of 276 2901 organization base period amount'', ''basic research'' and any other terms affecting the calculation 2902 of the credit shall have the same meanings as defined in said section 41 of said Code unless the 2903 context requires otherwise. 2904 In determining the amount of the credit allowable under this section, the commissioner of 2905 revenue may aggregate the activities of all corporations that are members of a controlled group 2906 of corporations as defined by 41(f)(1)(A) of the Internal Revenue Code and may aggregate the 2907 activities of all entities, whether or not incorporated, that are under common control as defined in 2908 section 41(f)(1)(B) of said Code.  2909 (b) For a qualified climatetech company, research and development costs, within the 2910 meaning of section 41 of said Code, shall include, those qualified research expenditures that are 2911 performed both inside and outside the commonwealth.  2912 (c) For purposes of section 30, the deduction from gross income that may be taken with 2913 respect to any expenditures qualifying for a credit under said section 41 of the Internal Revenue 2914 Code shall be based upon its cost less the credit allowable under this section; provided, however, 2915 that section 280C(c) of said Code shall not apply.  2916 (d) The credit allowed hereunder for any taxable year shall not reduce the excise to less 2917 than the amount due under subsection (b) of section 39, section 67 or any other general or special 2918 law. 2919 (e) The credit allowed under this section shall be limited to 100 per cent of a 2920 corporation's first $25,000 of excise, as determined before the allowance of any credits, plus 75 2921 per cent of the corporation's excise, as so determined in excess of $25,000. The commissioner of 2922 revenue shall promulgate regulations similar to those authorized under section 38(c)(2)(B) of the 135 of 276 2923 Internal Revenue Code for the purposes of apportioning the $25,000 amount among members of 2924 a controlled group. Nothing in this section shall alter section 32C as it affects other credits under 2925 this chapter.  2926 (f) If a corporation files a combined return of income under section 32B, a credit 2927 generated by an individual member corporation under this section shall first be applied against 2928 the excise attributable to that company under section 39, subject to the limitations of subsections 2929 (d) and (e). A member corporation with an excess research and development credit may apply its 2930 excess credit against the excise of another group member if such other member corporation may 2931 use additional credits under the limitations of said subsections (d) and (e). Unused and unexpired 2932 credits generated by a member corporation shall be carried over from year to year by the 2933 individual corporation that generated the credit and shall not be refundable. Nothing in this 2934 section shall alter subsection (h) of section 31A. 2935 (g) A corporation entitled to a credit under this section for a taxable year may carry over 2936 and apply to its excise for any of the next succeeding 15 taxable years that portion, as reduced 2937 from year to year, of its credit which exceeds its excise for the taxable year. A corporation may 2938 carry over and apply to its excise for any subsequent taxable year that portion, as reduced from 2939 year to year, of those credits which were not allowed under subsection (f).  2940 (h) The commissioner of revenue shall promulgate regulations necessary to carry out this 2941 section.  2942 Section 38QQ. (a) A taxpayer, to the extent authorized by the climatetech tax incentive 2943 program established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable 2944 jobs credit against the tax liability imposed under this chapter in an amount determined by the 136 of 276 2945 Massachusetts clean energy technology center established in section 2 of said chapter 23J, in 2946 consultation with the department of revenue. 2947 (b) A taxpayer taking a credit under this section shall commit to the creation of not less 2948 than 5 net new permanent full-time employees in the commonwealth. 2949 (c) A credit allowed under this section shall reduce the liability of the taxpayer under this 2950 chapter for the taxable year. If a credit claimed under this section by a taxpayer exceeds the 2951 taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per cent of 2952 such excess credit, to the extent authorized by the climatetech tax incentive program, shall be 2953 refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable 2954 years. 2955 (d) The department of revenue shall issue the refundable portion of the jobs credit 2956 without further appropriation and in accordance with the cumulative amount, including the 2957 current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 2958 annually as set forth in subsection (d) of section 16 of chapter 23J. 2959 Section 38RR. (a) A business corporation engaged in business in the commonwealth 2960 shall be allowed a credit each taxable year against its excise due under this chapter in an amount 2961 equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the 2962 taxable year, whichever is less. If a credit allowed by this section exceeds the tax otherwise due 2963 under this chapter, 100 per cent of the balance of the credit may, at the option of the taxpayer, be 2964 refunded to the taxpayer. 2965 (b) For an employer to be eligible for a credit under this section, the: (i) intern shall be 2966 enrolled in or a recent graduate of a public or private institution of higher education located in 137 of 276 2967 the commonwealth; (ii) intern shall have been employed as a qualified intern by the employer for 2968 not less than 12 weeks in the taxable year for which the credit is claimed; and (iii) employer shall 2969 demonstrate that the total number of interns employed in the taxable year exceeds the average 2970 number of interns employed by the taxpayer per year over the previous 3 taxable years. An intern 2971 shall not be qualified if such intern is participating in another internship or apprenticeship 2972 program for which an employer has claimed a credit in the taxable year under this chapter or 2973 section 6 of chapter 62. 2974 (c) The total cumulative value of the credits authorized in this section and subsection (gg) 2975 of section 6 of chapter 62 shall not exceed $10,000,000 annually. An employer shall not claim 2976 more than $100,000 in credits under this section for any taxable year. A credit allowed under this 2977 section shall not be transferable. 2978 (d) The executive office of economic development, in consultation with the 2979 commissioner of revenue, shall authorize, administer and determine eligibility for the tax credit 2980 pursuant to this section and subsection (gg) of section 6 chapter 62 and shall allocate the credit in 2981 accordance with the standards and requirements set forth in regulations promulgated pursuant to 2982 this section. The secretary of economic development, in consultation with the commissioner of 2983 revenue, shall promulgate regulations establishing an application process for the credit. 2984 (e) The secretary of economic development shall annually file a report with the house and 2985 senate committees on ways and means, the joint committee on economic development and 2986 emerging technologies and the joint committee on labor and workforce development identifying 2987 the: (i) total amount of tax credits claimed pursuant to this section and subsection (gg) of section 2988 6 of chapter 62; (ii) number of participating interns; and (iii) number of participating employers. 138 of 276 2989 In the fourth submission of the annual report, the secretary of economic development shall also 2990 provide an assessment of the effectiveness of the credit offered under this section and under said 2991 subsection (gg) of said section 6 of said chapter 62 in achieving the goal of retaining graduating 2992 talent in the commonwealth. Notwithstanding section 21 of chapter 62C, the department of 2993 revenue may provide to the secretary of economic development de-identified, statistical tax 2994 return information related to the tax filings of former participating interns for the 5 tax years 2995 beginning after the conclusion of the internships to evaluate whether former interns are both 2996 employed and domiciled in the commonwealth after their internship. Such information shall be 2997 shared in a manner that prevents the identification of particular tax returns. 2998 SECTION 150. Section 42B of said chapter 63, as appearing in the 2022 Official Edition, 2999 is hereby amended by striking out, in lines 50 and 51, the words “, a certified life sciences” and 3000 inserting in place thereof the following words:- or the climatetech tax incentive program 3001 established in section 16 of chapter 23J, a certified. 3002 SECTION 151. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby 3003 amended by adding the following paragraph:- 3004 (yy)(1) Sales of tangible personal property purchased for a certified climatetech 3005 company, to the extent authorized pursuant to the climatetech tax incentive program established 3006 in section 16 of chapter 23J for use in connection with the construction, alteration, remodeling, 3007 repair or remediation of research, development or manufacturing or other commercial facilities 3008 used for the provisions of goods or services in the climatetech sector and utility support systems. 3009 (2) As used in this paragraph, the following words shall have the following meanings, 3010 unless the context clearly requires otherwise: 139 of 276 3011 “Climatetech”, shall have the meaning ascribed to it in section 1 of chapter 23J. 3012 “Climatetech company”, shall have the same meaning ascribed to it in section 1 of 3013 chapter 23J. 3014 “Utility support systems”, all areas of utility support systems including, but not limited 3015 to, site, civil, mechanical, electrical and plumbing systems. 3016 SECTION 152. Section 1B of chapter 69 of the General Laws, as so appearing, is hereby 3017 amended by adding the following paragraph:- 3018 The board shall promulgate regulations requiring that all approved programs for teachers 3019 shall include instruction on the appropriate use of augmentative and alternative communication 3020 and other assistive technologies. The board may require that individual professional development 3021 plans required by section 38G of chapter 71 address the learning needs of students who are 3022 nonverbal or have limited speech requiring augmentative and alternative communication. 3023 SECTION 153. Said chapter 69 is hereby further amended by inserting after section 36 3024 the following section:- 3025 Section 37. (a) Notwithstanding any general or special law to the contrary, the 3026 department shall set measurable educator diversity goals for the state and collect and publish a 3027 report on statewide educator diversity data on the department’s website, which shall include such 3028 goals. The data shall, include but not be limited to: (i) the hiring and retention of diverse 3029 educators; (ii) the racial and ethnic demographics of educators who complete Massachusetts state 3030 educator preparation programs; (iii) the racial and ethnic demographics of all persons applying 3031 for and completing educator certification in the commonwealth; and (iv) teacher qualification 140 of 276 3032 data. Annually, not later than June 30, the department shall share the report required under this 3033 section with the board of elementary and secondary education and the clerks of the senate and 3034 house of representatives and the joint committee on education. 3035 (b) Public school districts and charter schools shall collect and report to the department 3036 educator diversity data in a manner prescribed by the department; provided, however, that the 3037 department shall utilize existing reporting mechanisms and schedules to collect educator 3038 diversity data and outcomes. 3039 SECTION 154. The second paragraph of section 38G of chapter 71 of the General Laws, 3040 as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- . 3041 The board shall ensure that the established requirements for such certificates provide necessary 3042 accommodations for a person with a disability as required by all applicable state and federal 3043 laws. 3044 SECTION 155. Said section 38G of said chapter 71, as so appearing, is hereby further 3045 amended by inserting after the third paragraph the following paragraph:- 3046 The department of elementary and secondary education shall, in consultation with 3047 relevant stakeholders, develop additional pathways for granting educator certification based on 3048 the alternative assessment pilot authorized in 603 CMR 7.04(2)(f) that may be used to satisfy the 3049 testing requirements of this section. 3050 SECTION 156. Said section 38G of said chapter 71, as so appearing, is hereby further 3051 amended by inserting after the twenty-fourth paragraph the following paragraph:- 141 of 276 3052 In addition to the requirements of this section, the department shall incentivize all 3053 educators and administrators to be trained in strategies related to evidence-based culturally 3054 responsive and linguistically sustaining pedagogy and practices. The department may consider 3055 incentives including, but not limited to, certification fee waivers, resources curated and published 3056 by the department, professional development opportunities, grants and optional training during 3057 the certification and recertification process. 3058 SECTION 157. Said chapter 71 is hereby further amended by inserting after section 38G 3059 ½ the following section:- 3060 Section 38G ¾. (a) To promote a diverse educator workforce, the department shall: 3061 (1) establish guidelines for plans to increase diversity among teaching, administration, 3062 and staff positions in school districts as defined in section 2 of chapter 70 and charter schools, as 3063 defined in section 89. The guidelines shall include, but not be limited to, recommended policies 3064 designed to help districts and schools: (i) identify and eliminate discriminatory barriers to hiring 3065 in a district or school; (ii) identify, recruit and hire employees who are members of groups 3066 underrepresented in the educator workforce; (iii) develop, promote and retain employees who are 3067 members of groups underrepresented in the educator workforce; and (iv) promote equal 3068 opportunity in employment for educators; provided, however, that in developing such guidelines, 3069 the department shall consult with relevant stakeholders, including experts and school leaders 3070 from public school districts and charter schools that have experienced significant increases in 3071 hiring and retaining diverse educators; 3072 (2) establish a process for reviewing plans based on clearly defined criteria; provided, 3073 however, that a public school district or charter school shall amend any plan deemed not to 142 of 276 3074 conform with the requirements of this section; and provided further, that a public school district 3075 or charter school shall be deemed to have satisfied the requirements of this section if it has 3076 prioritized diversity in its 3-year plan required by section 1S of chapter 69 or in any other 3077 strategic plan developed by the district; and 3078 (3) require approved educator preparation programs to implement plans to examine and 3079 address barriers to equity in program enrollment and completion; provided, however, that the 3080 plans shall be required as part of the educator preparation program approval process and the 3081 department shall make each program’s plan publicly available. The department shall establish 3082 guidelines for educator preparation program plans. 3083 (b) The board of elementary and secondary education shall review progress on educator 3084 diversity on a regular basis and may provide further recommendations to districts and schools 3085 regarding educator diversity. 3086 SECTION 158. Said chapter 71 is hereby further amended by adding the following 3087 section:- 3088 Section 100. (a) Public school districts and charter schools shall appoint or hire a 3089 diversity, equity and inclusion officer or establish a diversity team. The role and responsibilities 3090 of a diversity officer or team may be assigned to an existing school employee or existing school 3091 entity. A diversity officer or team shall report directly to the superintendent of the school. 3092 Diversity officers or teams shall coordinate their school district’s compliance with the 3093 requirements of this section and applicable federal and state laws.. Each school district and 3094 charter school shall post information on its diversity officer or team on a publicly accessible 3095 website. 143 of 276 3096 (b) Public school districts and charter schools shall establish a process for advising the 3097 school committee or board of trustees on matters of diversity, equity and inclusion in the school 3098 district or charter school which may include establishing an educator diversity council consisting 3099 of educators, administrators, parents or caregivers and students and which shall meet regularly 3100 with the superintendent or the diversity officer or teams and the school committee or board of 3101 trustees. For such councils that are established, members shall, to the best ability of a school 3102 district or charter school, represent a diversity of identities including, but not limited to race, 3103 ethnicity, culture, immigration status, sex, gender, sexual orientation, religion, disability and 3104 socioeconomic level. The school committee or board of trustees may appoint a member of the 3105 committee to serve as an ex-officio member of the educator diversity council. 3106 (c) Pursuant to guidelines established by the Massachusetts commission against 3107 discrimination, in consultation with the department, superintendents, school committee members, 3108 boards of trustees members, district leaders, principals and school district employees shall attend 3109 diversity and implicit bias training every 2 years; provided, however, that training completed 3110 during certification or recertification pursuant to section 38G of chapter 71 shall satisfy this 3111 requirement for the year in which the training was completed. 3112 SECTION 159. Section 18 of chapter 74 of the General Laws, as appearing in the 2022 3113 Official Edition, is hereby amended by striking out the first paragraph and inserting in place 3114 thereof the following paragraph:- 3115 The state department shall establish basic competency-based vocational-technical teacher 3116 training standards which shall serve as the fundamental, pedagogical requirements for beginning 3117 vocational-technical instructors. The department shall further require that all persons seeking to 144 of 276 3118 meet the department's requirements shall have successfully passed performance and written tests 3119 in areas as determined by the board or shall have satisfied alternative measures of proficiency 3120 established by the board and shall have successfully completed an approved seminar on teaching 3121 skills and methods. 3122 SECTION 160. Section 2E of chapter 90 of the General Laws, as most recently amended 3123 by chapter 28 of the acts of 2023, is hereby amended by adding the following subsection: 3124 (e) The registrar shall furnish, upon application, to an owner of a private passenger motor 3125 vehicle distinctive registration plates that shall display on its face a design celebrating state 3126 parks. Any such person who bears such plates shall be provided the same benefits as a parking 3127 season pass holder. The design of the plate theme shall be determined by the department of 3128 conservation and recreation, in consultation with and subject to the approval of the registrar. 3129 There shall be a fee of not less than $100 dollars for such plates in addition to the established 3130 registration fee for private passenger motor vehicles and such fee shall be paid at the time of 3131 registration of the vehicle and at each renewal thereof. The portion of the total fee remaining 3132 after the deduction of costs directly attributable to the issuance of such plates shall be deposited 3133 in the State Parks Preservation Trust Fund established in section 35DD of chapter 10. 3134 SECTION 16`. Section 34A of said chapter 90, as appearing in the 2022 Official Edition, 3135 is hereby amended by striking out, in line 102, the words “at least twenty thousand dollars” and 3136 inserting in place thereof the following words:- not less than $50,000. 3137 SECTION `62. Said section 34A of said chapter 90, as so appearing, is hereby further 3138 amended by striking out, in lines 104 and 105, the words “at least forty thousand dollars” and 3139 inserting in place thereof the words:- not less than $100,000. 145 of 276 3140 SECTION 163. Section 34O of said chapter 90, as so appearing, is hereby amended by 3141 striking out, in line 17, the words “five thousand dollars” and inserting in place thereof the 3142 following figure:- $30,000. 3143 SECTION 164. The General Laws are hereby amended by inserting after chapter 93L the 3144 following chapter:- 3145 Chapter 93M 3146 Portable Wireless Device Repair Act 3147 Section 1. As used in this chapter, the following words shall have the following meanings 3148 unless the context clearly requires otherwise: 3149 "Authorized repair provider”, an individual or business who is unaffiliated with a 3150 manufacturer and who has an arrangement with the manufacturer under which the manufacturer 3151 grants to the individual or business a license to use a trade name, service mark or other 3152 proprietary identifier for the purposes of offering the services of diagnosis, maintenance or repair 3153 of portable wireless devices under the name of the manufacturer or other arrangement with the 3154 manufacturer to offer such services on behalf of manufacturer; provided, however, that a 3155 manufacturer who offers the services of diagnosis, maintenance or repair of portable wireless 3156 devices manufactured by the manufacturer or on its behalf, or sold or otherwise supplied by the 3157 manufacturer, and who does not do so exclusively through at least 1 arrangement as described 3158 herein, shall be considered an authorized repair provider with respect to such equipment. 146 of 276 3159 "Documentation", a manual, diagram, reporting output, service code description, 3160 schematic, security code or password or other information used in effecting the services of 3161 diagnosis, maintenance or repair of portable wireless devices. 3162 “Fair and reasonable terms”, costs and terms for obtaining a part, tool or documentation 3163 that are equivalent to the most favorable costs and terms under which the manufacturer offers the 3164 part, tool or documentation to an authorized repair provider accounting for any discount, rebate, 3165 convenient and timely means of delivery, means of enabling fully restored and updated 3166 functionality, rights of use or other incentive or preference the manufacturer offers to an 3167 authorized repair provider or any additional cost, burden or impediment the manufacturer 3168 imposes on an owner or independent repair provider; provided, however, that for documentation, 3169 including any relevant updates, “fair and reasonable terms” shall mean at no charge, except that, 3170 when the documentation is requested in physical printed form, a charge may be included for the 3171 reasonable actual costs of preparing and sending the copy. 3172 "Independent repair provider", an individual or business operating in the commonwealth, 3173 who does not have an arrangement as an authorized repair provider with a manufacturer and who 3174 is not affiliated with any individual or business who has such an arrangement with the 3175 manufacturer, that is engaged in the services of diagnosis, maintenance or repair of portable 3176 wireless devices; provided, however, that “independent repair provider” shall include a 3177 manufacturer or an individual or business who has an arrangement with that manufacturer, or 3178 who is affiliated with an individual or business who has such an arrangement with that 3179 manufacturer, that engages in the services of diagnosis, maintenance or repair of portable 3180 wireless devices that is not manufactured by or on behalf of, or sold or otherwise supplied by, 3181 that manufacturer. 147 of 276 3182 "Manufacturer", a business engaged in the business of selling, leasing or otherwise 3183 supplying new portable wireless devices, or parts of equipment, manufactured by or on behalf of 3184 itself, to any individual or business. 3185 "Owner", an individual or business who lawfully acquires a portable wireless device 3186 purchased or used in the commonwealth. 3187 “Part”, a replacement part, either new or used, made available by or to a manufacturer for 3188 purposes of effecting the services of maintenance or repair of portable wireless devices 3189 manufactured by or on behalf of, sold or otherwise supplied by the manufacturer. 3190 “Portable Wireless Device”, a handheld product that includes a battery, microphone, 3191 speaker and display designed to send and receive transmissions through a cellular radiotelephone 3192 service. 3193 “Tool”, a software program, hardware implement or other apparatus used for diagnosis, 3194 maintenance or repair of portable wireless devices, including software or other mechanisms that 3195 provision, program or pair a part, calibrate functionality or perform any other function required 3196 to bring the product back to fully functional condition. 3197 "Trade secret", anything tangible or intangible or electronically stored or kept that 3198 constitutes, represents, evidences or records intellectual property, including secret or 3199 confidentially held designs, processes, procedures, formulas, inventions or improvements, secrets 3200 of confidentially held scientific, technical, merchandising, production, financial, business or 3201 management information or anything within the definition in 18 U.S.C. 1839(3). 148 of 276 3202 Section 2. Manufacturers of portable wireless devices or parts for such equipment, 3203 manufactured by the manufacturer or on its behalf, or sold or otherwise supplied by the 3204 manufacturer in the commonwealth shall make available to owners of such devices and to 3205 independent repair providers, on fair and reasonable terms, documentation, parts and tools, 3206 inclusive of any updates, for purposes of diagnosis, maintenance or repair of such devices. 3207 Nothing in this section shall require a manufacturer to make available a part that is no longer 3208 available to the manufacturer. 3209 Section 3. Manufacturers that sell any diagnostic, service or repair information to any 3210 independent repair provider or any other third-party provider in a format that is standardized with 3211 other manufacturers and on terms and conditions more favorable than the manner and the terms 3212 and conditions pursuant to which an authorized repair provider obtains the same diagnostic, 3213 service or repair information shall be prohibited from requiring any authorized repair provider to 3214 continue purchasing diagnostic, service or repair information in a proprietary format unless such 3215 proprietary format includes diagnostic, service or repair information or functionality that is not 3216 available in such standardized format. 3217 Section 4. Nothing in this chapter shall require a manufacturer to divulge a trade secret, 3218 except as necessary to provide documentation, parts and tools on fair and reasonable terms. 3219 Section 5. Nothing in this chapter shall require manufacturers or authorized repair 3220 providers to provide an owner or independent repair provider access to non-diagnostic and non- 3221 repair information provided by a manufacturer to an authorized repair provider pursuant to the 3222 terms of an authorizing agreement. 149 of 276 3223 Section 6. (a) The attorney general may initiate an action to seek an injunction to restrain 3224 any violations of this chapter and seek any relief authorized in chapter 93A. 3225 (b) Prior to initiating any action under this section against an individual or a business, the 3226 attorney general shall provide the individual or business 30 days’ written notice identifying the 3227 specific provisions of this chapter the attorney general alleges have been or are being violated; 3228 provided, however, that if within the 30-day period the individual or business cures the noticed 3229 violation and provides the attorney general a written statement that the alleged violations have 3230 been cured and that no such further violations shall occur, no action shall be initiated against the 3231 individual or business. Written notice by the attorney general shall be delivered by certified mail 3232 and by first-class mail with proof of mailing. If an individual or business continues to violate this 3233 chapter following this cure period or breaches an express written statement provided to the 3234 attorney general under this subsection, the attorney general may initiate an action pursuant to 3235 subsection (a). 3236 Section 7. Nothing in this chapter shall apply to a device approved by the United States 3237 Food and Drug Administration. 3238 SECTION 165. Section 32H of chapter 94C of the General Laws, as appearing in the 3239 2022 Official Edition, is hereby amended by striking out, in lines 34 and 35, the words “, 18 3240 years of age or older” and inserting in place thereof the following words:- who has attained the 3241 age of criminal majority and has been. 3242 SECTION 166. Said section 32H of said chapter 94C, as so appearing, is hereby further 3243 amended by striking out, in line 36, the figure “18” and inserting in place thereof the following 3244 words:- the age of criminal majority. 150 of 276 3245 SECTION 167. Section 32M of said chapter 94C, as so appearing, is hereby amended by 3246 striking out, in line 1, the word “eighteen” and inserting in place thereof the following words:- 3247 criminal majority. 3248 SECTION 168. Said section 32M of said chapter 94C, as so appearing, is hereby further 3249 amended by striking out, in line 6, the figure “18” and inserting in place thereof the following 3250 words:- criminal majority. 3251 SECTION 169. Section 36 of said chapter 94C, as so appearing, is hereby amended by 3252 striking out, in lines 6 and 7, the words “his eighteenth birthday” and inserting in place thereof 3253 the following words:- the age of criminal majority. 3254 SECTION 170. Chapter 98 of the General Laws is hereby amended by adding the 3255 following section:- 3256 Section 59. (a) For the purposes of this section, the following words shall have the 3257 following meanings unless the context clearly requires otherwise: 3258 “Charger”, a device having at least 1 charging port and connector for charging electric 3259 vehicles; provided, however, that “charger” shall also mean electric vehicle supply equipment. 3260 “Charging network provider”, an entity that operates a digital communication network 3261 that remotely manages chargers which may include charging station operators and manufacture 3262 chargers. 3263 “Charging station”, a charger or group of chargers and the area in the immediate vicinity 3264 of such charger or group of chargers, which may include, at the discretion of the regulating 3265 entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress 151 of 276 3266 and egress; provided, however, that a “charging station” may comprise only part of the property 3267 on which it is located. 3268 “Charging station operator”, an entity that owns or provides chargers and supporting 3269 equipment and facilities at charging stations and is responsible for the operation and maintenance 3270 of the chargers and supporting equipment and facilities; provided, however, that such operator 3271 may delegate responsibility for certain aspects of the charging station operation and maintenance 3272 to subcontractors. 3273 “Connector”, a device that attaches an electric vehicle to a charging port to transfer 3274 electricity; provided, however, that “connector” shall also mean a plug. 3275 “Direct current fast charger”, a charger that enables rapid charging by delivering direct- 3276 current electricity directly to an electric vehicle’s battery. 3277 “Electric vehicle”, a battery-powered electric vehicle that is either a zero-emission 3278 vehicle or a plug-in hybrid electric vehicle equipped with an on-board electrical energy storage 3279 device that can be recharged from an external source of electricity and has the capability to run 3280 on another fuel; provided, however, that “electric vehicle” shall not include a golf cart, electric 3281 bicycle or other micromobility device. 3282 “Electric vehicle charging services”, the transfer of electric energy from an electric 3283 vehicle charging station to a battery or other storage device in an electric vehicle and related 3284 billing services, networking and operation and maintenance. 152 of 276 3285 “Electric vehicle supply equipment”, a device, including at least 1 charging port and 3286 connector, for charging electric vehicles; provided, however, that “electric vehicle supply 3287 equipment” shall also mean a charger. 3288 “Level 1”, a galvanically-connected electric vehicle supply equipment with a single- 3289 phase input voltage nominally 120 volts alternating current and a maximum output current of not 3290 more than 16 amperes alternating current. 3291 “Level 2”, a galvanically-connected electric vehicle supply equipment with a single- 3292 phase input voltage range from 208 volts to 240 volts, inclusive, alternating current and a 3293 maximum output current of not more than 80 amperes alternating current. 3294 “Public electric vehicle charging station”, an electric vehicle charging station located at a 3295 publicly-available parking space. 3296 ''Publicly-available parking space'', a parking space that has been designated by a 3297 property owner or lessee to be available to and accessible by the public and may include on- 3298 street parking spaces and parking spaces in surface lots or parking garages; provided, however, 3299 that “publicly-available parking space” shall not include a parking space that is part of or 3300 associated with residential property containing not more than 4 dwelling units or that is reserved 3301 for the exclusive use of an individual driver or vehicle or group of drivers or vehicles, including 3302 employees, tenants, visitors, residents of a common interest development and residents of an 3303 adjacent building. 3304 “Publicly-funded and available charging station", a public electric vehicle charging 3305 station installed on or after January 1, 2025 that has received, or expects to receive, a grant, loan 153 of 276 3306 or other incentive from a federal or state government source or through a charge on ratepayers 3307 and is located at a publicly available parking space. 3308 (b) The division of standards shall promulgate regulations to: (i) inventory the number 3309 and location of charging stations; and (ii) ensure the accuracy of pricing and volumes of 3310 electricity purchased at public electric vehicle charging stations; provided, however, that, with 3311 respect to public electric vehicle charging stations, such regulations shall include setting 3312 minimum requirements for the communication and display of pricing information; provided 3313 further, that the division shall not prevent a charging station from operating due to an omission 3314 or inability of the division to test, inspect, seal or inventory the charging station or otherwise 3315 administer and enforce such regulations or, in the case of a public electric vehicle charging 3316 station, due to an omission or inability to ensure the accuracy of pricing and volumes of 3317 electricity purchased at, and information communicated by, such public electric vehicle charging 3318 station. 3319 (c) Regulations promulgated pursuant to this section may vary by technology type, power 3320 levels, number of chargers per site, site ownership and according to whether charging stations 3321 and chargers are: (i) networked; (ii) level 1, level 2 or direct current fast chargers; or (iii) all- 3322 inclusive mobile solar charging stations. Such regulations shall not apply to chargers or charging 3323 stations installed at a residential property containing not more than 4 dwelling units. The 3324 division may set standards for data formats that comply with electric vehicle charging industry 3325 best practices and standards, as determined by the division. 3326 (d) Annually, not later than May 1, the division shall submit a report and accompanying 3327 data with respect to the inventory required under subsections (b) and (c) and other findings made 154 of 276 3328 and activities undertaken pursuant to said subsections (b) and (c) to the joint committee on ways 3329 and means, the joint committee on telecommunications, utilities and energy, the secretary of 3330 energy and environmental affairs and the secretary of administration and finance. 3331 (e) In promulgating regulations under this section, the division may apply different 3332 requirements to publicly-funded and available electric vehicle chargers and other charging 3333 stations. 3334 SECTION 171. Chapter 100A of the General Laws is hereby amended by adding the 3335 following section:- 3336 Section 15. There shall be within the division of insurance an auto body labor rate 3337 advisory board to address any issues related to auto body labor rates. The advisory board shall 3338 consist of: (i) 1 person appointed by the commissioner of insurance; (ii) 1 person appointed by 3339 the attorney general; (iii) 1 person appointed by the director of standards; 3 persons selected 3340 from the auto insurance industry by the Automobile Insurers Bureau of Massachusetts, 1 of 3341 whom shall be chosen by the 3 persons to serve as co-chair; 3 persons selected from the auto 3342 repair industry from different geographic regions of the commonwealth by the Alliance of 3343 Automotive Service Providers of Massachusetts, Inc., 1 of whom shall be chosen by the 3 3344 persons to serve as co-chair; 1 person selected by the Massachusetts State Automobile Dealers 3345 Association, Inc; and 4 persons to be appointed by the co-chairs, 1 of whom shall be from 3346 vocational-technical schools, 2 of whom shall be from a consumer advocacy group and 1 of 3347 whom shall be an economist with expertise on the insurance industry. 3348 The advisory board shall meet not less than 2 times a year. The advisory board shall be 3349 responsible for creating, implementing and overseeing an annual survey given to relevant auto 155 of 276 3350 body shops. The survey shall compile data pertaining to contracted hourly labor rates, posted 3351 hourly labor rates, prevailing hourly labor rates and any additional information the advisory 3352 board deems relevant. The advisory board shall collect industry data including, but not limited 3353 to: (i) labor rates in neighboring states; (ii) auto body shop costs; (iii) total labor costs; (iv) 3354 inflation data; (v) work force data; (vi) vocational-technical school trends; (vii) insurance 3355 premiums; and (viii) any additional information as requested by the advisory board. The results 3356 of the survey and the data collected shall be reviewed and analyzed by the advisory board 3357 annually and the board shall make recommendations for a fair and equitable labor rate. 3358 Annually, not later than December 31, the advisory board shall file a report of its 3359 findings, conclusions and any recommendations with the clerks of the senate and house of 3360 representatives, the joint committee on financial services, the senate and house committees on 3361 ways and means and the division of insurance. 3362 SECTION 172. Chapter 111 of the General Laws is hereby amended by striking out 3363 section 27D, as appearing in the 2022 Official Edition, and inserting in place thereof the 3364 following section:- 3365 Section 27D. (a) As used in this section, the following words shall have the following 3366 meanings unless the context clearly requires otherwise:- 3367 “Board of health”, any body politic or political subdivision of the commonwealth that 3368 acts as a board of health, public health commission or a health department for a municipality, 3369 region or district including, but not limited to, municipal boards of health, regional health 3370 districts established pursuant to section 27B and boards of health that share services pursuant to 3371 section 4A of chapter 40. 156 of 276 3372 “Foundational capabilities”, cross-cutting skills and capacities needed to support basic 3373 public health programs and other protections and activities including, but not limited to: (i) 3374 assessment and surveillance; (ii) emergency preparedness and response; (iii) policy development; 3375 (iv) communications; (v) community partnership development; (vi) organizational administrative 3376 competences; (vii) data-driven interventions; or (viii) accountability and performance 3377 management. 3378 “Foundational public health services”, a nationally recognized framework for a minimum 3379 set of public health service, including, but not limited to, public health programs and 3380 foundational capabilities. 3381 “Public health programs”, programs that include, but shall not be limited to: (i) 3382 communicable disease control; (ii) public health nursing services; (iii) epidemiology; (iv) food 3383 and water protection; (v) chronic disease and injury prevention; (vi) environmental public health; 3384 (vii) maternal, child and family health; or (viii) access to and linkage with clinical care, where 3385 applicable. 3386 (b) The department, in consultation with municipalities and other stakeholders, shall 3387 establish a state action for public health excellence program to: (i) provide uniform access for 3388 every resident to foundational public health services; provided, however, that foundational public 3389 health services shall further equity, including for historically underrepresented communities; (ii) 3390 assist boards of health in adopting practices to improve the efficiency and effectiveness of the 3391 delivery of foundational public health services; (iii) develop a set of standards for foundational 3392 public health services across the commonwealth; and (iv) promote and provide adequate 3393 resources for boards of health that shall include, but shall not be limited to: (A) supporting 157 of 276 3394 boards of health to meet the standards established pursuant to clause (iii) and pursuant to 3395 subsection (c) to improve municipal and regional health systems; (B) increasing cross- 3396 jurisdictional sharing of public health programs to strengthen the service delivery capabilities of 3397 municipal and regional public health systems; (C) improving planning and system accountability 3398 of municipal and regional public health systems, including, but not limited to, statewide data 3399 collection and reporting systems; (D) establishing workforce credentialing standards, including, 3400 but not limited to, education and training standards for municipal and regional public health 3401 officials and staff; and (E) expanding access to professional development, training and technical 3402 assistance for municipal and regional public health officials and staff. 3403 (c) The standards for local foundational public health services developed pursuant to 3404 clause (iii) of subsection (b) shall include, but not be limited to: (i) standards for inspections, 3405 epidemiology and communicable disease investigation and reporting, permitting and other local 3406 public health responsibilities as required by law or under regulations of the department or the 3407 department of environmental protection; (ii) workforce education, training and credentialing 3408 standards; and (iii) standards for contributing required data. The standards shall consider 3409 applicable national standards and shall be developed in consultation with local boards of health, 3410 public health organizations, academic experts in the field of public health and members of the 3411 special commission on local and regional public health established in chapter 3 of the resolves of 3412 2016. 3413 (d)(1) Subject to appropriation, boards of health shall implement and comply with the 3414 standards developed pursuant to subsections (b) and (c), individually or through cross- 3415 jurisdictional sharing of public health programs in the form of comprehensive public health 3416 districts, formal shared services or other arrangements for sharing public health programs. 158 of 276 3417 (2) Annually, not later than August 31, boards of health shall submit a report to the 3418 department shall include information demonstrating compliance with the standards pursuant to 3419 subsections (b) and (c) during the preceding fiscal year. 3420 (e) Subject to appropriation, the department and the department of environmental 3421 protection shall, according to each agency’s jurisdiction and authority, provide comprehensive 3422 core public health educational and training opportunities and technical assistance to municipal 3423 and regional public health officials and staff to support such officials in obtaining credentials and 3424 foundational capabilities required by the standards developed pursuant to subsections (b) and (c); 3425 provided, however, that such educational and training opportunities and technical assistance shall 3426 be offered in diverse geographic locations throughout the commonwealth or online. The 3427 department and the department of environmental protection may contract with other state 3428 agencies or external entities to provide said educational and training opportunities and technical 3429 assistance and shall provide such training opportunities and technical assistance free of charge. 3430 (f)(1) Subject to appropriation, the department shall provide funds to boards of health to 3431 implement and comply with the standards developed pursuant to subsections (b) and (c), 3432 including through cross-jurisdictional sharing of public health programs in the form of 3433 comprehensive public health districts, formal shared services and other arrangements for sharing 3434 public health programs. 3435 (2) The funds under this subsection may be used to provide: 3436 (i) grants and technical assistance to municipalities that demonstrate limited operational 3437 capacity to meet local public health responsibilities as required by law or regulations; 159 of 276 3438 (ii) competitive grants to increase the efficiency and effectiveness of the delivery of 3439 public health programs across not less than 2 municipalities through: 3440 (A) expanding shared services arrangements to include more municipalities; 3441 (B) expanding shared services arrangements to provide a more comprehensive and 3442 equitable set of public health programs or sustainable business model; or 3443 (C) supporting new cross-jurisdictional sharing arrangements; provided, however, that 3444 grants provided pursuant to this clause shall supplement and shall not replace existing state, 3445 local, private or federal funding to boards of health and regional health districts; provided 3446 further, that boards of health shall apply for funds pursuant to this clause in a manner determined 3447 by the department; provided further, that the application shall include, but not be limited to: (I) a 3448 description of how the applicant will increase the efficiency and effectiveness in the delivery of 3449 public health programs; (II) certification by the applicant that, at the time of the application, the 3450 applicant meets or will use funding to meet workforce standards as determined by the 3451 department; (III) certification that the applicant shall submit written documentation on the 3452 implementation of systems to increase efficiency in providing local public health programs, 3453 including data, to the department in a manner to be prescribed by the department; and (IV) the 3454 applicant’s plan for the long-term sustainability of strengthening local public health programs; 3455 provided further, that the department shall adopt rules, regulations or guidelines for the 3456 administration and enforcement of this clause including, but not limited to, establishing applicant 3457 selection criteria, funding priorities, application forms and procedures, grant distribution and 3458 other requirements; and provided further, that not less than 33 per cent of the grants awarded 160 of 276 3459 shall be distributed to municipalities with a median household income below the median income 3460 of the commonwealth; and 3461 (iii) annual noncompetitive funding to ensure that all residents of the commonwealth are 3462 provided with foundational public health services that meet or exceed the standards set pursuant 3463 to this section; provided, however, that funds provided pursuant to this clause shall be distributed 3464 based on the level of implementation of the standards established in this section and using a 3465 formula based on population, level of cross-jurisdictional sharing and sociodemographic data; 3466 provided further, that to receive funding pursuant to this clause, a board of health shall submit an 3467 annual report to the department of public health and department of environmental protection that: 3468 (A) demonstrates progress or implementation of the standards; and (B) confirms that funding 3469 provided pursuant to this clause shall supplement and shall not replace existing state, local, 3470 private or federal funding to boards of health and regional health districts; provided further, that 3471 the report shall not require data that is otherwise reported to the department under subsection (d); 3472 provided further, local governments shall be granted relief from the department for good cause, 3473 including, but not limited to economic or fiscal hardship; and provided further, that data 3474 demonstrating implementation and compliance with the standards shall be submitted in a form 3475 prescribed by the department. 3476 (g) Subject to appropriation, the department shall develop a system to provide for 3477 increased standardization, integration and unification of public health reporting and systems for 3478 the measuring of standard responsibilities of boards of health including, but not limited to, 3479 inspections, code enforcement, communicable disease management and local regulations. The 3480 system shall be developed in coordination with the department of environmental protection. If 3481 feasible and in compliance with state and federal privacy requirements, the data and an analysis 161 of 276 3482 of the data shall be available on the department’s website in a form that allows the public to 3483 conduct further analysis; provided, however, that any such published data shall exclude personal 3484 identifying information. 3485 (h) Annually, the department shall estimate the amount of funds necessary to meet the 3486 requirements of this section for the upcoming fiscal year. The department shall report the 3487 estimate to the secretary of administration and finance and the house and senate committees on 3488 ways and means for the upcoming fiscal year in advance of the day assigned for submission of 3489 the budget by the governor to the general court pursuant to section 7H of chapter 29 and shall 3490 publish the estimate on the department’s website. 3491 (i) If an outbreak of a disease or health care situation important to the public health 3492 occurs, as determined by the commissioner or the commissioner of environmental protection, 3493 affecting more than 1 board of health, the department may coordinate the affected boards of 3494 health, assemble and share data on affected residents and organize the public health response 3495 within and across the affected communities. 3496 (j) Biennially, not later than December 1, in every even numbered year, the department, 3497 in consultation with the department of environmental protection, shall submit a report detailing 3498 the impact of the state action for public health excellence program established in subsection (b), 3499 the status of the local public health programs and their ability to meet the requirements of this 3500 section including, but not limited to: (i) the number of board of health and regional health district 3501 officials and staff that meet workforce standards as determined by the department; (ii) the 3502 number of boards of health and regional health district officials and staff that attended 3503 educational and training opportunities; (iii) the number of boards of health and regional health 162 of 276 3504 districts that are in compliance with data reporting requirements of this section; and (iv) the 3505 number of municipalities participating in regional public health collaborations. In preparing the 3506 report, the department shall consult with the department of environmental protection. The report 3507 shall be filed with the clerks of the house of representatives and the senate, the house and senate 3508 committees on ways and means and the joint committee on public health and be publicly posted 3509 on the websites of the department and the department of environmental protection. 3510 (k) Notwithstanding any general or special law to the contrary, if the commissioner, the 3511 commissioner of environmental protection or their authorized representatives, determine that 3512 failure to meet standards established in subsections (b) and (c) in a timeframe consistent with the 3513 timeframe established in subsection (d), constitutes a threat to public health, they shall, in 3514 writing, notify the appropriate board of health of such determination and request that the board of 3515 health, in writing, notify the department of actions taken to effect appropriate protection. If the 3516 commissioner is not so notified or, if after notification, the commissioner determines the such 3517 actions are not sufficient to protect public health, the department may restrict future funding 3518 provided under clause (iii) of subsection (f) and shall report these insufficiencies in its report 3519 issued under subsection (j). 3520 (l) Nothing in this section shall limit the authority or responsibility of a board of health as 3521 otherwise established pursuant to the General Laws including, but not limited to, section 127A. 3522 SECTION 173. Said chapter 111 is hereby amended by striking out section 243, as 3523 appearing in the 2022 Official Edition, and inserting in place thereof the following section:- 3524 Section 243(a) As used in this section, the following words shall have the following 3525 meanings unless the context clearly requires otherwise: 163 of 276 3526 “Parkinson’s disease”, a chronic and progressive neurologic disorder resulting from 3527 deficiency of the neurotransmitter dopamine as the consequence of specific degenerative changes 3528 in the area of the brain called the basal ganglia, characterized by tremor at rest, slow movements, 3529 muscle rigidity, stooped posture and unsteady or shuffling gait. 3530 “Parkinsonisms”, related conditions that cause a combination of the movement 3531 abnormalities seen in Parkinson's disease, including tremor at rest, slow movement, muscle 3532 rigidity, impaired speech or muscle stiffness which often overlap with and can evolve from what 3533 appears to be Parkinson’s disease; provided, however, that “Parkinsonisms” shall include, but 3534 not be limited to: Multiple System Atrophy, Dementia with Lewy Bodies, Corticobasal 3535 Degeneration and Progressive Supranuclear Palsy. 3536 (b) The department shall, subject to appropriation, establish a registry to record cases of 3537 Parkinson’s and Parkinsonisms that occur in residents of the commonwealth and such 3538 information concerning these cases as it shall deem necessary and appropriate in order to 3539 determine the incidence and prevalence of such diseases. 3540 (c) The registry and system of collection and dissemination of information shall be under 3541 the direction of the commissioner, who may enter into contracts, grants or other agreements as 3542 are necessary for the conduct of the program. 3543 (d) All patients diagnosed with Parkinson’s disease or related Parkinsonisms shall be 3544 provided a written and oral notice regarding the collection of information and patient data on 3545 Parkinson’s disease and related Parkinsonisms. Patients who do not wish to participate in the 3546 collection of data for purposes of research in this registry shall affirmatively opt out in writing 3547 after an opportunity to review the documents and ask questions. No patient shall be required to 164 of 276 3548 participate in this registry and patients may change their data collection participation status at 3549 any time by submitting a request in writing. 3550 (e) The department shall establish a system for the collection and dissemination of 3551 information determining the incidence and prevalence of Parkinson’s disease and related 3552 Parkinsonisms as advised by the advisory committee. The department shall designate 3553 Parkinson’s disease and related Parkinsonisms as diseases required to be reported in the 3554 commonwealth or any part of the commonwealth. 3555 All cases of Parkinson’s disease and related Parkinsonisms diagnosed or treated in the 3556 commonwealth shall be reported to the department; provided, however, that the mere incidence 3557 of a patient with Parkinson’s disease or a related Parkinsonism shall be the sole required 3558 information for this registry for any patient who chooses not to participate. For the subset of 3559 patients who choose not to participate, no further data shall be reported to the registry. 3560 The department may create, review and revise a list of data points required as part of 3561 mandated Parkinson’s disease reporting under this section. The list shall include, but not be 3562 limited to, necessary triggering diagnostic conditions, consistent with the latest World Health 3563 Organization’s International Statistical Classification of Diseases and Related Health Problems 3564 and resulting case data including, but not limited to, diagnosis, treatment and survival. 3565 The department may implement and administer this subsection through a bulletin or 3566 similar instruction to providers without taking regulatory action. 3567 (f) The department shall provide notification of the mandatory reporting of Parkinson’s 3568 disease and Parkinsonism on its website and may also provide that information to professional 165 of 276 3569 associations representing physicians, nurse practitioners and hospitals not less than 90 days prior 3570 to requiring information be reported. 3571 (g) Any hospital, facility, physician, surgeon, physician assistant or nurse practitioner 3572 who diagnoses or is responsible for providing primary treatment to Parkinson’s disease or 3573 Parkinsonism patients shall report each case of Parkinson’s disease and Parkinsonisms as 3574 required by subsection (e) to the department in a format prescribed by the department. The 3575 department may enter into data sharing contracts with data reporting entities and their associated 3576 electronic medical record systems vendors to securely and confidentially receive information 3577 related to Parkinson’s disease testing, diagnosis and treatment. 3578 (h) The department may enter into agreements to furnish data collected in this registry to 3579 other states’ Parkinson’s disease registries, federal Parkinson’s disease control agencies, local 3580 health officers or health researchers for the study of Parkinson’s disease; provided, however, that 3581 before confidential information is disclosed to those agencies, officers, researchers or out-of- 3582 state registries, the requesting entity shall agree in writing to maintain the confidentiality of the 3583 information and, in the case of researchers, shall: 3584 (i) obtain approval of their committee for the protection of human subjects established in 3585 accordance with 45 C.F.R. 46; and 3586 (ii) provide documentation to the department that demonstrates to the department’s 3587 satisfaction that the entity has established the procedures and has the ability to maintain the 3588 confidentiality of the information. 166 of 276 3589 (i) Except as otherwise provided in this section, all information collected pursuant to this 3590 section shall be confidential . To ensure privacy, the department shall promulgate a coding 3591 system that removes any identifying information about the patient. 3592 (j) Notwithstanding any general or special law to the contrary, a disclosure authorized by 3593 this section shall include only the information necessary for the stated purpose of the requested 3594 disclosure, used for the approved purpose and not be further disclosed. 3595 If the security of confidentiality has been documented, the furnishing of confidential 3596 information to the department or its authorized representative in accordance with this section 3597 shall not expose any person, agency or entity furnishing such information to liability and shall 3598 not be considered a waiver of any privilege or a violation of a confidential relationship. 3599 (k) The department shall maintain an accurate record of all persons who are given access 3600 to confidential information under this section. The record shall include: (i) the name of the 3601 person authorizing access; (ii) the name, title, address and organizational affiliation of persons 3602 given access; (iii) dates of access; and (iv) the specific purpose for which such confidential 3603 information is to be used. The record of access shall be open to public inspection during normal 3604 operating hours of the department. 3605 (l) Notwithstanding any general or special law to the contrary, confidential information 3606 under this section shall not be available for subpoena and shall not be disclosed, subject to 3607 discovery or compelled to be produced in any civil, criminal, administrative or other proceeding. 3608 Such confidential information shall not be deemed admissible as evidence in any civil, criminal, 3609 administrative or other tribunal or court for any reason. 167 of 276 3610 This subsection shall not prohibit the publication by the department of reports and 3611 statistical compilations that do not identify individual cases or individual sources of information. 3612 Notwithstanding the restrictions in this subsection, the individual to whom the 3613 information pertains shall have access to such information. 3614 (m) This section shall not preempt the authority of facilities or individuals providing 3615 diagnostic or treatment services to patients with Parkinson’s disease or related Parkinsonisms to 3616 maintain their own facility-based Parkinson’s disease or Parkinsonisms registries. 3617 (n) Annually, the department shall report to the house and senate committees on ways 3618 and means and the joint committee on public health, a program summary update on the incidence 3619 and prevalence of Parkinson’s and related Parkinsonisms in the commonwealth, delineated by 3620 county, and including the number of records that have been included and reported into the 3621 registry and demographic information such as patients, by age, gender and race. The report shall 3622 be published in a downloadable format on the department’s webpage or on a designated 3623 Massachusetts Parkinson’s Research Registry webpage. 3624 (o) The department shall create and maintain a webpage titled “An overview from the 3625 Massachusetts Parkinson’s Research Registry” within the department’s public information 3626 website to allow public access to information related to the registry, the yearly program summary 3627 required in this section and any other relevant or helpful information related to the registry This 3628 information may be published in any form deemed appropriate by the department. 3629 SECTION 174. Said chapter 111 is hereby further amended by adding the following 3630 section:- 168 of 276 3631 Section 245. (a) As used in this section, the following words shall have the following 3632 meanings unless the context clearly requires otherwise: 3633 “Smoke evacuation system”, smoke evacuators, laser plume evacuators or local exhaust 3634 ventilators that effectively capture and neutralize surgical smoke at the site of origin and before 3635 the smoke can make ocular contact or contact with the respiratory tract of the occupants of the 3636 room. 3637 “Surgical smoke”, the by-product, including surgical plume, smoke plume, bio-aerosols, 3638 laser-generated airborne contaminants and other lung-damaging dust, that results from contact 3639 with tissue by an energy generating device. 3640 (b) All hospitals and freestanding ambulatory surgical centers licensed under this chapter 3641 shall adopt policies to ensure the elimination of surgical smoke by use of a smoke evacuation 3642 system for any procedure that generates surgical smoke from the use of energy-based devices 3643 including, but not limited to, electrosurgery and lasers. 3644 (c) Any hospital or freestanding ambulatory surgical center that violates subsection (b) 3645 shall be punished by a fine of not less than $500 for each violation. 3646 SECTION 175. Chapter 112 of the General Laws is hereby amended by striking out 3647 section 9, as appearing in the 2022 Official Edition, and inserting in place thereof the following 3648 section:- 3649 Section 9. (a) An applicant for limited registration under this section may, upon payment 3650 of a fee to be determined annually by the secretary of administration and finance under section 169 of 276 3651 3B of chapter 7, be registered by the board as an intern, fellow or medical officer for such time 3652 as it may subscribe if the applicant furnishes to the board with satisfactory proof that: 3653 (i) the applicant is at least 18 years of age and of good moral character; 3654 (ii)(A) the applicant has creditably completed 2 years of a premedical course of study at 3655 an accredited college or university and not less than 3½ years of study in a legally chartered 3656 medical school in the United States or Canada having the power to grant degrees in medicine; 3657 (B) if not enrolled in or a graduate of a legally chartered medical school in the United States or 3658 Canada, the applicant is the holder of a standard certificate granted after an examination by the 3659 Education Council for Foreign Medical Graduates unless granted an exemption by the board; or 3660 (C) the applicant has completed a minimum of 2 years of premedical education at an accredited 3661 college or university in the United States, Canada or Puerto Rico or, if the applicant has studied 3662 medicine in a medical school outside the United States, Canada or Puerto Rico that is recognized 3663 by the World Health Organization, has completed all the formal requirements for the degree 3664 corresponding to doctor of medicine, except internship and social service and has completed 1 3665 year of clinical clerkship approved by the liaison committee on medical education of the 3666 American Medical Association; 3667 (iii) the applicant has been appointed as an intern, fellow or medical officer in: (A) a 3668 hospital or other institution of the commonwealth or a county or municipality thereof; (B) a 3669 hospital or clinic that is incorporated under the laws of the commonwealth; (C) a clinic that is 3670 affiliated with a hospital licensed by the department of public health under section 71 of chapter 3671 111; (D) an outpatient clinic operated by the department of mental health; (E) the department of 3672 public health for duty in clinics or in programs operated or approved by the department of public 170 of 276 3673 health; or (F) programs approved by the board of registration in medicine and leading toward 3674 certification by specialty boards recognized by the American Medical Association; or 3675 (iv) the applicant has applied to participate in the medical assistance program 3676 administered by the secretary of health and human services under chapter 118E and Title XIX of 3677 the Social Security Act and any federal demonstration or waiver relating to the medical 3678 assistance program for the limited purpose of ordering and referring services covered under the 3679 program if regulations governing such limited participation are promulgated under section 37 of 3680 said chapter 118E. 3681 A person with a limited registration under this section may practice medicine only in: (i) 3682 the hospital, institution, clinic or program designated on the applicant’s certificate of limited 3683 registration or outside such hospital, institution, clinic or program under the supervision of 1 of 3684 its medical officers who is a duly registered physician for the treatment of persons accepted by 3685 such hospital, institution, clinic or program as patients; or (ii) any hospital, institution, clinic or 3686 program affiliated for training purposes with the hospital, institution, clinic or program 3687 designated on the certificate, which affiliation shall be approved by the board and pursuant to 3688 regulations established by the hospital, institution, clinic or program. The name of the hospital, 3689 institution, clinic or program so affiliated and so approved shall be indicated on the certificate. 3690 Limited registration under this section may be revoked at any time by the board. 3691 (b) Notwithstanding this section, an internationally-trained physician who has been 3692 licensed or otherwise authorized to practice medicine in a country other than the United States 3693 shall be eligible to apply for a limited license to practice medicine for a 1-year term after 3694 satisfying the criteria in paragraph (2) of subsection (c); provided, however, that the 1-year 171 of 276 3695 limited license shall not be renewed more than once; and provided further, that such limited 3696 registration shall provide a pathway for the issuance of a full unrestricted license to practice 3697 medicine in accordance with, and upon satisfaction of, the criteria in paragraph (3) of said 3698 subsection (c). 3699 (c)(1) For the purposes of this subsection, the following words shall have the following 3700 meanings unless the context clearly requires otherwise: 3701 “Commission”, the Educational Commission for Foreign Medical Graduates. 3702 “Internationally-trained physician”, a physician who has received a degree of doctor of 3703 medicine or its equivalent from a legally chartered medical school outside the United States and 3704 recognized by the World Health Organization and who has been licensed or otherwise authorized 3705 to practice medicine in a country other than the United States and who has practiced medicine for 3706 at least 1 year. 3707 “Licensing exam”, the United States Medical Licensing Examination. 3708 “Participating healthcare facility”, a federally-qualified health center, community health 3709 center, hospital or other healthcare facility approved by the board that provides an assessment 3710 and evaluation program designed to develop, assess and evaluate an internationally-trained 3711 physician’s nonclinical skills according to criteria developed or approved by the board; provided, 3712 that participating healthcare facility shall provide medical care in a physician shortage area. 3713 “Physician shortage area”, a geographic region or population in the commonwealth 3714 experiencing a shortage of physicians, especially primary care physicians or psychiatrists, 3715 relative to population and need; provided, however, that the health care workforce center or its 172 of 276 3716 equivalent in the department of public health shall assist the board in determining the regions or 3717 populations comprising a “physician shortage area”. 3718 (2) The board shall issue a limited license to an applicant if the participating facility and 3719 the applicant submit evidence acceptable to the board that the applicant: (i) is an internationally- 3720 trained physician; (ii) has a valid certificate issued by the commission or other credential 3721 evaluation service approved by the board; provided, however, that the board may waive such 3722 certification if the applicant is unable to obtain the required documentation from a 3723 noncooperating country; (iii) has achieved a passing score on Step 1 and Step 2-Clinical 3724 Knowledge of the Licensing Exam; (iv) has entered into an agreement with the participating 3725 facility providing that the facility shall develop, assess and evaluate the applicant’s familiarity 3726 with nonclinical skills and standards appropriate for medical practice in the commonwealth 3727 according to assessment and evaluation criteria developed or approved by the board; (v) shall 3728 enter a full-time full employment relationship with the participating facility after the board issues 3729 a limited license to practice medicine to the applicant; and (vi) has satisfied other criteria that 3730 may be developed by the board to implement this subsection. 3731 (3) An internationally-trained physician who provides the board with proof of: (i) 3732 successful completion of the participating facility’s assessment and evaluation program; (ii) a 3733 passing score on Step 3 of the Licensing Exam; and (iii) any additional prerequisites that the 3734 board may require, may apply for a renewable 2-year restricted license to practice medicine only 3735 in a physician shortage area; provided, however, that a 2-year restricted license shall not be 3736 renewed more than once; and provided further, that any additional prerequisites for eligibility 3737 shall not include post-graduate clinical training and that the restricted license shall authorize the 3738 holder to practice independently in a primary care specialty, psychiatry or other specialty as may 173 of 276 3739 be approved by the board. After 2 years of restricted practice, the internationally-trained 3740 physician may apply for a full, unrestricted license to practice medicine. 3741 SECTION 176. Said chapter 112 is hereby further amended by inserting after section 91 3742 the following section:- 3743 Section 91A. (a) For the purposes of this section, “preceptor chiropractor” shall mean a 3744 registered chiropractor authorized to practice chiropractic in the commonwealth who is: (i) 3745 designated by an approved chiropractic school or college as an instructor; and (ii) the 3746 chiropractor of record at the chiropractic facility to which a student extern is assigned. 3747 (b) An individual that is a current student enrolled in the final academic year at a 3748 chiropractic school or college approved by the board may practice the full scope of chiropractic 3749 as a student extern under the direct supervision of a preceptor chiropractor; provided, however, 3750 that such student extern shall have: (i) completed all academic and clinical class requirements for 3751 the degree of doctor of chiropractic from a chiropractic school or college approved by the board; 3752 and (ii) passed not less than 3 of the 4 levels of the examinations administered by the National 3753 Board of Chiropractic Examiners. 3754 (c) A student extern shall practice under the direct supervision and license of the 3755 preceptor chiropractor and shall not sign legal documents generally signed by the preceptor 3756 chiropractor. The board, in its discretion, may authorize a student extern to practice chiropractic 3757 pursuant to this section at more than 1 chiropractic facility. An individual may be authorized by 3758 the board to practice chiropractic as a student extern for not less than 4 weeks and not more than 3759 16 weeks during the student’s final academic year. 174 of 276 3760 SECTION 177. Section 79 of said chapter 112, as appearing in the 2022 Official Edition, 3761 is hereby amended by adding the following 2 sentences:- The board may assess a licensed nurse 3762 a penalty of not more than $2,000 for each violation of regulations promulgated pursuant to this 3763 section and for each violation of any general law that governs the practice of nursing. The board, 3764 through regulation, shall ensure that any fine levied is commensurate with the severity of the 3765 violation. 3766 SECTION 178. The General Laws are hereby amended by inserting after chapter 112 the 3767 following chapter:- 3768 Chapter 112A 3769 Nurse Licensure Compact 3770 Section 1. As used in this chapter, the following words shall have the following meanings 3771 unless the context clearly requires otherwise: 3772 “Adverse action”, an administrative, civil, equitable or criminal action permitted by a 3773 state’s laws which is imposed by a licensing board or other authority against a nurse, including 3774 actions against an individual’s license or multistate licensure privilege such as revocation, 3775 suspension, probation, monitoring of the licensee, limitation on the licensee’s practice or any 3776 other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance 3777 of a cease and desist action. 3778 “Alternative program”, a non-disciplinary monitoring program approved by a licensing 3779 board. 175 of 276 3780 “Compact” or “Nurse Licensure Compact”, the legally binding agreement between party 3781 states as adopted by the National Council of State Boards of Nursing Nurse Licensure Compact 3782 in its Final Version dated May 4, 2015, and entered into by the commonwealth in accordance 3783 with this chapter. 3784 “Coordinated licensure information system”, an integrated process for collecting, storing 3785 and sharing information on nurse licensure and enforcement activities related to nurse licensure 3786 laws that is administered by a nonprofit organization composed of and controlled by licensing 3787 boards. 3788 “Current significant investigative information”, (i) investigative information that a 3789 licensing board, after a preliminary inquiry that includes notification and an opportunity for the 3790 nurse to respond, if required by state law, has reason to believe is not groundless and, if proved 3791 true, would indicate more than a minor infraction; or (ii) investigative information that indicates 3792 that the nurse represents an immediate threat to public health and safety regardless of whether 3793 the nurse has been notified and had an opportunity to respond. 3794 “Encumbrance”, a revocation or suspension of, or any limitation on, the full and 3795 unrestricted practice of nursing imposed by a licensing board. 3796 “Home state”, the party state which is the nurse’s primary state of residence. 3797 “Interstate commission”, the Interstate Commission of Nurse Licensure Compact 3798 Administrators as established in section 6 of this chapter. 3799 “Licensing board”, a party state’s regulatory body responsible for issuing nurse licenses. 176 of 276 3800 “Multistate license”, a license to practice as a registered nurse, a licensed practical or 3801 vocational nurse issued by a home state licensing board that authorizes the licensed nurse to 3802 practice in all party states under a multistate licensure privilege. 3803 “Multistate licensure privilege”, a legal authorization associated with a multistate license 3804 permitting the practice of nursing as either a registered nurse, a licensed practical or vocational 3805 nurse in a remote state. 3806 “Nurse”, a registered nurse, a licensed practical or vocational nurse, as those terms are 3807 defined by each party state’s practice laws. 3808 “Party state”, the commonwealth and any other state that has adopted this compact. 3809 “Remote state”, a party state other than the home state. 3810 “Single-state license”, a nurse license issued by a party state that authorizes practice only 3811 within the issuing state and does not include a multistate licensure privilege to practice in any 3812 other party state. 3813 “State”, a state, territory or possession of the United States and the District of Columbia. 3814 “State practice laws”, a party state’s laws, rules and regulations that govern the practice 3815 of nursing, define the scope of nursing practice and establish the methods and grounds for 3816 imposing discipline; provided, however, that “State practice laws” do not include requirements 3817 necessary to obtain and retain a license, except for qualifications or requirements of the home 3818 state. 3819 Section 2. (a) A multistate license to practice as a nurse issued by a home state to a 3820 resident in that state shall be recognized by each party state as authorizing a nurse to practice as a 177 of 276 3821 registered nurse, a licensed practical or vocational nurse under a multistate licensure privilege in 3822 each party state. 3823 (b) A state shall implement procedures for considering the criminal history records of 3824 applicants for initial multistate license or licensure by endorsement. Such procedures shall 3825 include the submission of fingerprints or other biometric-based information by applicants for the 3826 purpose of obtaining an applicant’s criminal history record information from the Federal Bureau 3827 of Investigation and the agency responsible for retaining that state’s criminal records. 3828 (c) Each party state shall require the following for an applicant to obtain or retain a 3829 multistate license in the home state: 3830 (i) the applicant shall meets the home state’s qualifications for licensure or renewal of 3831 licensure, as well as, all other applicable state laws; 3832 (ii) (A) the applicant shall have graduated or is eligible to graduate from a licensing 3833 board-approved registered nurse or practical or vocational nurse pre-licensure education 3834 program; or (B) has graduated from a foreign registered nurse or practical or vocational nurse 3835 pre-licensure education program that: (1) has been approved by the authorized accrediting body 3836 in the applicable country; and (2) has been verified by an independent credentials review agency 3837 to be comparable to a licensing board-approved pre-licensure education program; 3838 (iii) if a graduate of a foreign pre-licensure education program not taught in English or if 3839 English is not the individual’s native language, the applicant shall have successfully passed an 3840 English proficiency examination that includes the components of reading, speaking, writing and 3841 listening; 178 of 276 3842 (iv) the applicant has successfully passed an NCLEX-RN® or NCLEX-PN® 3843 Examination or recognized predecessor, as applicable; 3844 (v) the applicant is eligible for or holds an active, unencumbered license; 3845 (vi) the applicant has submitted, in connection with an application for initial licensure or 3846 licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining 3847 criminal history record information from the Federal Bureau of Investigation and the agency 3848 responsible for retaining that state’s criminal records; 3849 (vii) the applicant has not been convicted or found guilty, or entered into an agreed 3850 disposition, of a felony offense under applicable state or federal law; 3851 (viii) the applicant has not been convicted or found guilty, or entered into an agreed 3852 disposition, of a misdemeanor offense related to the practice of nursing as determined on a case- 3853 by-case basis; 3854 (ix) the applicant is not currently enrolled in an alternative program; 3855 (x) the applicant is subject to self-disclosure requirements regarding current participation 3856 in an alternative program; and 3857 (xi) the applicant has a valid United States Social Security number. 3858 (d) All party states shall be authorized, in accordance with existing state due process law, 3859 to take adverse action against a nurse’s multistate licensure privilege such as revocation, 3860 suspension, probation or any other action that affects a nurse’s authorization to practice under a 3861 multistate licensure privilege, including cease and desist actions. If a party state takes such 3862 action, it shall promptly notify the administrator of the coordinated licensure information system. 179 of 276 3863 The administrator of the coordinated licensure information system shall promptly notify the 3864 home state of any such actions by remote states. 3865 (e) A nurse practicing in a party state shall comply with the state practice laws of the state 3866 in which the client is located at the time service is provided. The practice of nursing is not 3867 limited to patient care, but shall include all nursing practice as defined by the state practice laws 3868 of the party state in which the client is located. The practice of nursing in a party state under a 3869 multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the 3870 courts and the laws of the party state in which the client is located at the time service is provided. 3871 (f) Individuals not residing in a party state shall continue to be able to apply for a party 3872 state’s single-state license as provided by the laws of each party state; provided, however, that 3873 the single-state license granted to these individuals shall not be recognized as granting the 3874 privilege to practice nursing in any other party state. Nothing in this compact shall affect the 3875 requirements established by a party state for the issuance of a single-state license. 3876 (g) A nurse holding a home state multistate license on the effective date of this compact 3877 in the commonwealth may retain and renew the multistate license issued by the nurse’s then- 3878 current home state; provided, however, that: 3879 (i) a nurse who changes primary state of residence after this compact’s effective date in 3880 the commonwealth shall meet all applicable requirements of this section to obtain a multistate 3881 license from a new home state. 3882 (ii) a nurse who fails to satisfy the multistate licensure requirements of section of this 3883 section due to a disqualifying event occurring after this compact’s effective date in the 3884 commonwealth shall not be eligible to retain or renew a multistate license and the nurse’s 180 of 276 3885 multistate license shall be revoked or deactivated in accordance with applicable rules adopted by 3886 the interstate commission. 3887 Section 3. (a) Upon application for a multistate license, the licensing board in the issuing 3888 party state shall ascertain, through the coordinated licensure information system, whether the 3889 applicant has ever held, or is the holder of, a license issued by any other state, whether there are 3890 any encumbrances on any license or multistate licensure privilege held by the applicant, whether 3891 any adverse action has been taken against any license or multistate licensure privilege held by 3892 the applicant and whether the applicant is currently participating in an alternative program. 3893 (b) A nurse may hold a multistate license, issued by the home state, in only 1 party state 3894 at a time. 3895 (c) If a nurse changes primary state of residence by moving between 2 party states, the 3896 nurse shall apply for licensure in the new home state, and the multistate license issued by the 3897 prior home state shall be deactivated in accordance with applicable rules adopted by the 3898 interstate commission. 3899 (1) The nurse may apply for licensure in advance of a change in primary state of 3900 residence. 3901 (2) A multistate license shall not be issued by the new home state until the nurse provides 3902 satisfactory evidence of a change in primary state of residence to the new home state and 3903 satisfies all applicable requirements to obtain a multistate license from the new home state. 181 of 276 3904 (d) If a nurse changes primary state of residence by moving from a party state to a non- 3905 party state, the multistate license issued by the prior home state shall convert to a single-state 3906 license and shall be valid only in the former home state. 3907 Section 4. (a) In addition to the other powers conferred by state law, a licensing board 3908 may: 3909 (i) take adverse action against a nurse’s multistate licensure privilege to practice within 3910 that party state; provided however, that only the home state may to take adverse action against a 3911 nurse’s license issued by the home state; and provided further that for purposes of taking adverse 3912 action, the home state licensing board shall give the same priority and effect to reported conduct 3913 received from a remote state as it would if such conduct had occurred within the home state and 3914 in so doing, the home state shall apply its own state laws to determine appropriate action; 3915 (ii) issue cease and desist orders or impose an encumbrance on a nurse’s authority to 3916 practice within that party state; 3917 (iii) complete any pending investigations of a nurse who changes primary state of 3918 residence during the course of such investigations; provided however, that the licensing board 3919 may take appropriate action and shall promptly report the conclusions of such investigations to 3920 the administrator of the coordinated licensure information system; and provided further, that the 3921 administrator of the coordinated licensure information system shall promptly notify the new 3922 home state of any such actions; 3923 (iv) issue subpoenas for both hearings and investigations that require the attendance and 3924 testimony of witnesses, as well as, the production of evidence; provided, however, that 3925 subpoenas issued by a licensing board in a party state for the attendance and testimony of 182 of 276 3926 witnesses or for the production of evidence from another party state shall be enforced in the latter 3927 state by any court of competent jurisdiction, according to the practice and procedures of that 3928 court applicable to subpoenas issued in proceedings pending before it; and provided further that 3929 the issuing authority shall pay any witness fees, travel expenses, mileage and other fees required 3930 by the service statutes of the state in which the witnesses or evidence are located; 3931 (v) obtain and submit, for each nurse licensure applicant, fingerprint or other biometric- 3932 based information to the Federal Bureau of Investigation for criminal background checks, 3933 receive the results of the Federal Bureau of Investigation record search on criminal background 3934 checks and use the results in making licensure decisions; 3935 (vi) if otherwise permitted by state law, recover from the affected nurse the costs of 3936 investigations and disposition of cases resulting from any adverse action taken against that nurse; 3937 and 3938 (vii) take adverse action based on the factual findings of the remote state; provided, 3939 however, that the licensing board follows its own procedures for taking such adverse action. 3940 (b) If adverse action is taken by the home state against a nurse’s multistate license, the 3941 nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until 3942 all encumbrances have been removed from the multistate license. All home state disciplinary 3943 orders that impose adverse action against a nurse’s multistate license shall include a statement 3944 that the nurse’s multistate licensure privilege is deactivated in all party states during the 3945 pendency of the order. 3946 (c) Nothing in this compact shall override a party state’s decision that participation in an 3947 alternative program may be used in lieu of adverse action. The home state licensing board shall 183 of 276 3948 deactivate the multistate licensure privilege under the multistate license of any nurse for the 3949 duration of the nurse’s participation in an alternative program. 3950 Section 5. (a) All party states shall participate in a coordinated licensure information 3951 system of all licensed registered nurses and licensed practical or vocational nurses. This system 3952 will include information on the licensure and disciplinary history of each nurse, as submitted by 3953 party states, to assist in the coordination of nurse licensure and enforcement efforts. 3954 (b) The interstate commission, in consultation with the administrator of the coordinated 3955 licensure information system, shall formulate necessary and proper procedures for the 3956 identification, collection and exchange of information under this compact. 3957 (c) All licensing boards shall promptly report to the coordinated licensure information 3958 system any adverse actions against a nurse, any current significant investigative information, 3959 denials of applications with the reasons for such denials and nurse participation in alternative 3960 programs known to the licensing board regardless of whether such participation is deemed 3961 nonpublic or confidential under state law. 3962 (d) Current significant investigative information and participation in nonpublic or 3963 confidential alternative programs shall be transmitted through the coordinated licensure 3964 information system only to party state licensing boards. 3965 (e) Notwithstanding any other provision of law, all party state licensing boards 3966 contributing information to the coordinated licensure information system may designate 3967 information that may not be shared with non-party states or disclosed to other entities or 3968 individuals without the express permission of the contributing state. 184 of 276 3969 (f) Any personally identifiable information obtained from the coordinated licensure 3970 information system by a party state licensing board shall not be shared with non-party states or 3971 disclosed to other entities or individuals except to the extent permitted by the laws of the party 3972 state contributing the information. 3973 (g) Any information contributed to the coordinated licensure information system that is 3974 subsequently required to be expunged by the laws of the party state contributing that information 3975 shall also be expunged from the coordinated licensure information system. 3976 (h) The compact administrator of each party state shall furnish a uniform data set relative 3977 to nurses to the compact administrator of each other party state, which shall include, at a 3978 minimum: 3979 (i) identifying information; 3980 (ii) licensure data; 3981 (iii) information related to alternative program participation; and 3982 (iv) any other information that may facilitate the administration of this compact as 3983 determined by interstate commission rules. 3984 The compact administrator of a party state shall provide all investigative documents and 3985 information requested by another party state. 3986 Section 6. (a) The party states hereby create and establish a joint public entity known as 3987 the Interstate Commission of Nurse Licensure Compact Administrators which shall be an 3988 instrumentality of the party states. 185 of 276 3989 Venue is proper and judicial proceedings by or against the interstate commission shall be 3990 brought solely and exclusively, in a court of competent jurisdiction where the principal office of 3991 the interstate commission is located; provided, however, thatthe interstate commission may 3992 waive venue and jurisdictional defenses to the extent that it adopts or consents to participate in 3993 alternative dispute resolution proceedings. 3994 Nothing in this compact shall be construed to be a waiver of sovereign immunity. 3995 (b)(1) Each party state shall have only 1administrator. The head of the state licensing 3996 board or designee shall be the administrator of this compact for each party state. Any 3997 administrator may be removed or suspended from office as provided by the law of the state from 3998 which the administrator is appointed. Any vacancy occurring in the interstate commission shall 3999 be filled in accordance with the laws of the party state in which the vacancy exists. 4000 (2) Each administrator shall be entitled to 1 vote with regard to the promulgation of rules 4001 and creation of by-laws and shall otherwise have an opportunity to participate in the business and 4002 affairs of the interstate commission. An administrator shall vote in person or by such other means 4003 as provided in the by-laws. The by-laws may provide for an administrator’s participation in 4004 meetings by telephone or other means of communication. 4005 (3) The interstate commission shall meet at least once during each calendar year. 4006 Additional meetings shall be held as set forth in the by-laws or rules of the interstate 4007 commission. 4008 (4) All meetings shall be open to the public and public notice of meetings shall be given 4009 in the same manner as required under any rules promulgated under section 7. 186 of 276 4010 (5) The interstate commission may convene in a closed, nonpublic meeting if the subject 4011 of the meeting before the interstate commission is in regard to: 4012 (i) noncompliance of a party state with its obligations under this compact; 4013 (ii) the employment, compensation, discipline or other personnel matters, practices or 4014 procedures related to specific employees or other matters related to the interstate commission’s 4015 internal personnel practices and procedures; 4016 (iii) current, threatened or reasonably anticipated litigation; 4017 (iv) negotiation of contracts for the purchase or sale of goods, services or real estate; 4018 (v) accusing any person of a crime or formally censuring any person; 4019 (vi) disclosure of trade secrets or commercial or financial information that is privileged or 4020 confidential; 4021 (vii) disclosure of information of a personal nature where disclosure would constitute a 4022 clearly unwarranted invasion of personal privacy; 4023 (viii) disclosure of investigatory records compiled for law enforcement purposes; 4024 (ix) disclosure of information related to any reports prepared by or on behalf of the 4025 interstate commission for the purpose of investigation of compliance with this compact; or 4026 (x) matters specifically exempted from disclosure by federal or state statute. 4027 (6) If a meeting, or portion of a meeting, is closed pursuant to this section, the interstate 4028 commission’s legal counsel or designee shall certify that the meeting may be closed and shall 187 of 276 4029 reference each relevant exempting provision. The interstate commission shall keep minutes that 4030 fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate 4031 summary of actions taken, and the reasons therefor, including a description of the views 4032 expressed. All documents considered in connection with an action shall be identified in such 4033 minutes. All minutes and documents of a closed meeting shall remain under seal, subject to 4034 release by a majority vote of the interstate commission or on order of a court of competent 4035 jurisdiction. 4036 (c) The interstate commission shall, by a majority vote of the administrators, prescribe 4037 by-laws or rules to govern its conduct as may be necessary or appropriate to carry out the 4038 purposes and exercise the powers of this compact including, but not limited to: 4039 (i) establishing the fiscal year of the interstate commission; 4040 (ii) providing reasonable standards and procedures for: 4041 (A) the establishment and meetings of other committees; and 4042 (B) governing any general or specific delegation of any authority or function of the 4043 interstate commission; 4044 (iii) providing reasonable procedures for calling and conducting meetings of the interstate 4045 commission with reasonable advance notice of all meetings and providing an opportunity for 4046 attendance of such meetings by interested parties, with enumerated exceptions designed to 4047 protect the public’s interest, the privacy of individuals, and proprietary information, including 4048 trade secrets; provided, however, that the interstate commission may meet in closed session only 4049 after a majority of the administrators vote to close a meeting in whole or in part. As soon as 188 of 276 4050 practicable, the interstate commission shall make public a copy of the vote to close the meeting, 4051 revealing the vote of each administrator, with no proxy votes allowed; 4052 (iv) establishing the titles, duties and authority and reasonable procedures for the election 4053 of the officers of the interstate commission; 4054 (v) providing reasonable standards and procedures for the establishment of the personnel 4055 policies and programs of the interstate commission; provided, however, that notwithstanding any 4056 civil service or other similar laws of any party state, the by-laws shall exclusively govern the 4057 personnel policies and programs of the interstate commission; and 4058 (vi) providing a mechanism for winding up the operations of the interstate commission 4059 and the equitable disposition of any surplus funds that may exist after the termination of this 4060 compact after the payment or reserving of all of its debts and obligations. 4061 (d) The interstate commission shall publish its by-laws and rules and any amendments 4062 thereto in a convenient form on its website. 4063 (e) The interstate commission shall maintain its financial records in accordance with the 4064 bylaws. 4065 (f) The interstate commission shall meet and take such actions as are consistent with this 4066 compact and the by-laws. 4067 (g) The interstate commission may: 4068 (i) promulgate uniform rules to facilitate and coordinate implementation and 4069 administration of this compact; provided, however, that such rules shall have the force and effect 4070 of law and shall be binding in all party states; 189 of 276 4071 (ii) bring and prosecute legal proceedings or actions in the name of the interstate 4072 commission, provided that the standing of any licensing board to sue or be sued under applicable 4073 law shall not be affected; 4074 (iii) purchase and maintain insurance and bonds; 4075 (iv) borrow, accept or contract for services of personnel including, but not limited to, 4076 employees of a party state or nonprofit organizations; 4077 (v) cooperate with other organizations that administer state compacts related to the 4078 regulation of nursing including, but not limited to, sharing administrative or staff expenses, 4079 office space or other resources; 4080 (vi) hire employees, elect or appoint officers, fix compensation, define duties, grant such 4081 individuals appropriate authority to carry out the purposes of this compact and establish the 4082 interstate commission’s personnel policies and programs relating to conflicts of interest, 4083 qualifications of personnel and other related personnel matters; 4084 (vii) accept all appropriate donations, grants and gifts of money, equipment, supplies, 4085 materials and services and to receive, utilize and dispose of the same; provided, however, that the 4086 interstate commission shall avoid any appearance of impropriety or conflict of interest; 4087 (viii) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, 4088 improve or use, any property, whether real, personal or mixed; provided, however, that the 4089 interstate commission shall avoid any appearance of impropriety; 4090 (ix) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any 4091 property, whether real, personal or mixed; 190 of 276 4092 (x) establish a budget and make expenditures; 4093 (xi) borrow money; 4094 (xii) appoint committees, including advisory committees comprised of administrators, 4095 state nursing regulators, state legislators or their representatives and consumer representatives 4096 and other such interested persons; 4097 (xiii) provide and receive information from, and to cooperate with, law enforcement 4098 agencies; 4099 (xiv) adopt and use an official seal; and 4100 (xv) perform such other functions as may be necessary or appropriate to achieve the 4101 purposes of this compact consistent with the state regulation of nurse licensure and practice. 4102 (h)(1) The interstate commission shall pay or provide for the payment of the reasonable 4103 expenses of its establishment, organization and ongoing activities. 4104 (2) The interstate commission may levy on and collect an annual assessment from each 4105 party state to cover the cost of its operations, activities and staff in its annual budget as approved 4106 each year. The aggregate annual assessment amount, if any, shall be allocated based upon a 4107 formula to be determined by the interstate commission, by regulations which shall be binding 4108 upon all party states. 4109 (3) The interstate commission shall not incur obligations of any kind prior to securing the 4110 funds adequate to meet the same. The interstate commission shall not pledge the credit of any of 4111 the party states, except by and with the authority of such party state. 191 of 276 4112 (4) The interstate commission shall keep accurate accounts of all receipts and 4113 disbursements. The receipts and disbursements of the interstate commission shall be subject to 4114 the audit and accounting procedures established in its by-laws. all receipts and disbursements of 4115 funds handled by the interstate commission shall be audited yearly by a certified or licensed 4116 public accountant and a report of the audit shall be included in and become part of the annual 4117 report of the interstate commission. 4118 (i) (1) The administrators, officers, executive director, employees and representatives of 4119 the interstate commission shall be immune from suit and liability, either personally or in their 4120 official capacity, for any claim for damage to or loss of property or personal injury or other civil 4121 liability caused by or arising out of any actual or alleged act, error or omission that occurred, or 4122 that the person against whom the claim is made had a reasonable basis for believing that any 4123 such actual or alleged act, error or omission had occurred, within the scope of interstate 4124 commission employment, duties or responsibilities. Nothing in this paragraph shall provide 4125 immunity toany such person for any damage, loss, injury or liability caused by the intentional, 4126 willful or wanton misconduct of such person. 4127 (2) The interstate commission shall defend any administrator, officer, executive director, 4128 employee or representative of the interstate commission in any civil action seeking to impose 4129 liability arising out of any actual or alleged act, error or omission that occurred within the scope 4130 of interstate commission employment, duties or responsibilities or that the person against whom 4131 the claim is made had a reasonable basis for believing any such actual or alleged act, error or 4132 omission had occurred within the scope of interstate commission employment, duties or 4133 responsibilities and the actual or alleged act, error or omission did not result from that person’s 192 of 276 4134 intentional, willful or wanton misconduct. Nothing herein shall prohibit any such person from 4135 retaining counsel at such person’s own expense. 4136 (3) The interstate commission shall indemnify and hold harmless any administrator, 4137 officer, executive director, employee or representative of the interstate commission for the 4138 amount of any settlement or judgment obtained against that person arising out of any actual or 4139 alleged act, error or omission that occurred within the scope of interstate commission 4140 employment, duties or responsibilities, or that such person had a reasonable basis for believing 4141 occurred within the scope of interstate commission employment, duties or responsibilities, 4142 provided that the actual or alleged act, error or omission did not result from the intentional, 4143 willful or wanton misconduct of that person. 4144 Section 7. (a) The interstate commission shall exercise its rulemaking powers pursuant to 4145 the criteria set forth in this section and the rules adopted hereunder. Rules and amendments shall 4146 become binding as of the date specified in each rule or amendment and shall have the same force 4147 and effect as provisions in this compact. 4148 (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of 4149 the interstate commission. 4150 (c) Prior to promulgation and adoption of a final rule by the interstate commission,and at 4151 least 60 days in advance of the meeting at which any such rule will be considered and voted 4152 upon, the interstate commission shall file a notice of proposed rulemaking on the website of: 4153 (i) the interstate commission; and 193 of 276 4154 (ii) each licensing board or the publication in which each state would otherwise publish 4155 proposed rules. 4156 (d) The notice of proposed rulemaking shall include: 4157 (i) the proposed time, date and location of the meeting in which the rule will be 4158 considered and voted upon; 4159 (ii) the text of the proposed rule or amendment and the reason therefor; 4160 (iii) a request for comments on the proposed rule from any interested person; and 4161 (iv) the manner in which interested persons may submit notice to the interstate 4162 commission of their intention to attend the public hearing and any written comments. 4163 (e) Prior to adoption of a proposed rule, the interstate commission shall allow persons to 4164 submit written data, facts, opinions and arguments which shall be made available to the public. 4165 (f) The interstate commission shall grant an opportunity for a public hearing before it 4166 adopts a rule or amendment. 4167 (g) The interstate commission shall publish the place, time and date of the scheduled 4168 public hearing. 4169 (1) Hearings shall be conducted in a manner providing each person who wishes to 4170 comment a fair and reasonable opportunity to comment orally or in writing. All hearings shall be 4171 recorded and a copy of such recording shall be made available upon request. 4172 (2) Nothing in this section shall require a separate hearing on each rule. Rules may be 4173 grouped for the convenience of the interstate commission at hearings required by this section. 194 of 276 4174 (h) If no person appears at the public hearing, the interstate commission may proceed 4175 with promulgation of the proposed rule. 4176 (i) Following the scheduled hearing date or by the close of business on the scheduled 4177 hearing date if the hearing was not held, the interstate commission shall consider all written and 4178 oral comments received. 4179 (j) The interstate commission shall, by majority vote of all administrators, take final 4180 action on the proposed rule and shall determine the effective date of the rule based on the 4181 rulemaking record and the full text of the rule. 4182 (k) Upon determination that an emergency exists, the interstate commission may consider 4183 and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided, 4184 however, that the usual rulemaking procedures provided herein shall be retroactively applied to 4185 the rule as soon as reasonably possible but not later than 90 days after the effective date of the 4186 rule. For the purposes of this subsection, an emergency rule is one that requires adoption 4187 immediately to: 4188 (i) meet an imminent threat to public health, safety or welfare; 4189 (ii) prevent a loss of interstate commission or party state funds; or 4190 (iii) meet a deadline for the promulgation of an administrative rule that is required by 4191 federal law. 4192 (l) The interstate commission may direct revisions to a previously adopted rule or 4193 amendment for purposes of correcting typographical errors, errors in format, errors in 4194 consistency and grammatical errors. Public notice of any revisions shall be posted on the website 195 of 276 4195 of the interstate commission. The revision shall be subject to challenge by any person for a 4196 period of 30 days after posting. The revision may be challenged only on grounds that the revision 4197 results in a material change to a rule. A challenge shall be made in writing and delivered to the 4198 interstate commission prior to the end of the notice period. If no challenge is made, the revision 4199 shall take effect without further action. If the revision is challenged, the revision shall not take 4200 effect without the approval of the interstate commission. 4201 Section 8. (a)(1) Each party state shall enforce this compact and take all actions necessary 4202 and appropriate to effectuate this compact’s purposes and intent. 4203 (2) The interstate commission may receive service of process in any proceeding that may 4204 affect its powers, responsibilities or actions of the interstate commission and shall have standing 4205 to intervene in such a proceeding for all purposes. Failure to provide service of process in such 4206 proceeding to the interstate commission shall render a judgment or order void as to the interstate 4207 commission, this compact or any rules promulgated hereunder. 4208 (b)(1) If the interstate commission determines that a party state has defaulted in the 4209 performance of its obligations or responsibilities under this compact or the promulgated rules, 4210 the interstate commission shall: 4211 (i) provide written notice to the defaulting state and other party states of the nature of the 4212 default, the proposed means of curing the default or any other action to be taken by the interstate 4213 commission; and 4214 (ii) provide remedial training and specific technical assistance regarding the default. 196 of 276 4215 (2) If a state in default fails to cure the default, the defaulting state’s membership in this 4216 compact may be terminated upon an affirmative vote of a majority of the administrators and all 4217 rights, privileges and benefits conferred by this compact may be terminated on the date cited; 4218 provided, however, that a cure of the default shall not relieve the offending state of obligations or 4219 liabilities incurred during the period of default. 4220 (3) Termination of membership in this compact shall be imposed only after all other 4221 means of securing compliance have been exhausted. Notice of intent to suspend or terminate 4222 shall be given by the interstate commission to the governor of the defaulting state and to the 4223 executive officer of the defaulting state’s licensing board and each of the party states. 4224 (4) A state whose membership in this compact has been terminated is responsible for all 4225 assessments, obligations and liabilities incurred through the effective date of termination, 4226 including obligations that extend beyond the effective date of termination. 4227 (5) The interstate commission shall not bear any costs related to a state that is found to be 4228 in default or whose membership in this compact has been terminated unless agreed upon in 4229 writing between the interstate commission and the defaulting state. 4230 (6) The defaulting state may appeal the action of the interstate commission by petitioning 4231 the United States District Court for the District of Columbia or the federal district in which the 4232 interstate commission has its principal offices. The prevailing party shall be awarded all costs of 4233 such litigation, including reasonable attorneys’ fees. 4234 (c)(1) Upon request by a party state, the interstate commission shall attempt to resolve 4235 disputes related to the compact that arise among party states and between party and nonparty 4236 states. 197 of 276 4237 (2) The interstate commission shall promulgate rules providing for mediation and binding 4238 dispute resolution for disputes, as appropriate. 4239 (3) If the interstate commission cannot resolve disputes among party states arising under 4240 this compact: 4241 (i) the party states may submit the issues in dispute to an arbitration panel, which shall be 4242 comprised of individuals appointed by the compact administrator in each of the affected party 4243 states and an individual mutually agreed upon by the compact administrators of all the party 4244 states involved in the dispute; and 4245 (ii) the decision of a majority of the arbitrators shall be final and binding. 4246 (d)(1) The interstate commission, in the reasonable exercise of its discretion, shall 4247 enforce this compact. 4248 (2) By majority vote, the interstate commission may initiate legal action in the United 4249 States District Court for the District of Columbia or the federal district in which the interstate 4250 commission has its principal offices against a party state that is in default to enforce compliance 4251 with this compact and any rules and by-laws promulgated hereunder. The relief sought may 4252 include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing 4253 party shall be awarded all costs of litigation, including reasonable attorneys’ fees. 4254 (3) The remedies herein shall not be the exclusive remedies of the interstate commission. 4255 The interstate commission may pursue any other remedies available under federal or state law. 4256 Section 9. (a) This compact shall become effective and binding on the earlier of the date 4257 of legislative enactment of this compact into law by not less than 26 states or December 31, 198 of 276 4258 2018. All party states to this compact that were also were parties to the prior Nurse Licensure 4259 Compact, superseded by this compact, shall be deemed to have withdrawn from the prior 4260 compact within 6 months after the effective date of this compact. 4261 (b) Each party state to this compact shall continue to recognize a nurse’s multistate 4262 licensure privilege to practice in that party state issued under the prior compact until such party 4263 state has withdrawn from the prior compact. 4264 (c) Any party state may withdraw from this compact by enacting a law repealing the 4265 same. A party state’s withdrawal shall not take effect until 6 months after enactment of the 4266 repealing statute. 4267 (d) A party state’s withdrawal or termination shall not affect the continuing requirement 4268 of the withdrawing or terminated state’s licensing board to report adverse actions and significant 4269 investigations occurring prior to the effective date of such withdrawal or termination. 4270 (e) Nothing contained in this compact shall be construed to invalidate or prevent any 4271 nurse licensure agreement or other cooperative arrangement between a party state and a non- 4272 party state that is made in accordance with the other provisions of this compact. 4273 (f) This compact may be amended by the party states. No amendment to this compact 4274 shall become effective and binding upon the party states unless it is enacted into the laws of all 4275 party states. 4276 (g) Representatives of nonparty states to this compact shall be invited to participate in the 4277 activities of the interstate commission, on a nonvoting basis, prior to the adoption of this 4278 compact by all states. 199 of 276 4279 Section 10. This compact shall be liberally construed to effectuate its purposes. The 4280 provisions of this compact shall be severable and if any phrase, clause, sentence or provision of 4281 this compact is declared to be contrary to the constitution of any party state or of the United 4282 States or if the applicability thereof to any government, agency, person or circumstance is held to 4283 be invalid, the validity of the remainder of this compact and the applicability thereof to any 4284 government, agency, person or circumstance shall not be affected thereby. If this compact shall 4285 be held to be contrary to the constitution of any party state, this compact shall remain in full 4286 force and effect as to the remaining party states and in full force and effect as to the party state 4287 affected as to all severable matters. 4288 Section 11. The executive director of the board of registration in nursing or a designee 4289 threreof shall be the administrator of the nurse licensure compact for the commonwealth. 4290 Section 12. The board of registration in nursing shall adopt regulations in the same 4291 manner as all other with states legally joining in the compact and may adopt additional 4292 regulations as necessary to implement this chapter. 4293 Section 13. The board of registration in nursing may recover from a nurse the costs of 4294 investigation and disposition of cases resulting in any adverse disciplinary action taken against 4295 that nurse’s license or privilege to practice. Funds collected pursuant to this section shall be 4296 deposited in the Quality in Health Professions Trust Fund established in section 35X of chapter 4297 10. 4298 Section 14. The board of registration in nursing may take disciplinary action against the 4299 practice privilege of a registered nurse or of a licensed practical or vocational nurse practicing in 200 of 276 4300 the commonwealth under a license issued by the party state. The board’s disciplinary action may 4301 be based on disciplinary action against the nurse’s license taken by the nurse’s home state. 4302 Section 15. In reporting information to the coordinated licensure information system 4303 under section 8 related to the nurse licensure compact, the board of registration in nursing may 4304 disclose personally identifiable information about the nurse, including social security number. 4305 Section 16. Nothing in this chapter, including the entrance of the commonwealth into the 4306 nurse licensure compact, shall supersede existing labor laws. 4307 Section 17. The commonwealth, its officers and employees, and the board of registration 4308 in nursing and its agents who act in accordance with this chapter shall not be liable for any act or 4309 omission in good faith while engaged in the performance of their duties under this chapter. Good 4310 faith shall not include willful misconduct, gross negligence or recklessness. 4311 Section 18. As part of the licensure and background check process for a multistate license 4312 and to determine the suitability of an applicant for multistate licensure, the board of registration 4313 in nursing, prior to issuing any such multistate license, shall conduct a fingerprint-based check of 4314 the state and national criminal history databases, as authorized by 28 CFR 20.33 and Public Law 4315 92-544. 4316 Fingerprints shall be submitted to the identification section of the department of state 4317 police for a state criminal history check and forwarded to the Federal Bureau of Investigation for 4318 a national criminal history check, according to the policies and procedures established by the 4319 state identification section and by the department of criminal justice information services. 4320 Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state 4321 identification section and the department of criminal justice information services for requests 201 of 276 4322 submitted by the board of registration in nursing as authorized in this section to ensure the 4323 continued suitability of these individuals for licensure. The department of criminal justice 4324 information services may disseminate the results of the state and national criminal background 4325 checks to the executive director of the board of registration in nursing and authorized staff of the 4326 board. 4327 All applicants shall pay a fee to be established by the secretary of administration and 4328 finance, in consultation with the secretary of public safety, to offset the costs of operating and 4329 administering a fingerprint-based criminal background check system. The secretary of 4330 administration and finance, in consultation with the secretary of public safety, may increase the 4331 fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check 4332 service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited 4333 into the Fingerprint-Based Background Check Trust Fund established in section 2HHHH of 4334 chapter 29. 4335 The board of registration in nursing may receive all criminal offender record information 4336 and the results of checks of state and national criminal history databases under Public Law 92- 4337 544. When the board of registration in nursing obtains the results of checks of state and national 4338 criminal history databases, it shall treat the information according to sections 167 to 178, 4339 inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record 4340 information. 4341 Notwithstanding subsections 9 and 9 1/2 of section 4 of chapter 151B, if the board of 4342 registration in nursing receives criminal record information from the state or national fingerprint- 4343 based criminal background checks that includes no disposition or is otherwise incomplete, the 202 of 276 4344 agency head may request that an applicant for licensure provide additional information regarding 4345 the results of the criminal background checks to assist the agency head in determining the 4346 applicant’s suitability for licensure. 4347 SECTION 179. Section 52 of chapter 119 of the General Laws, as appearing in the 2022 4348 Official Edition, is hereby amended by striking out, in line 5, the figure “18” and inserting in 4349 place thereof the following words:- the age of criminal majority. 4350 SECTION 180. Said section 52 of said chapter 119, as so appearing, is hereby amended 4351 by striking out, in line 19, the figure “18” and inserting in place thereof the following words:- the 4352 age of criminal majority. 4353 SECTION 181. Section 54 of said chapter 119, as so appearing, is hereby amended by 4354 striking out, in line 2, the words “18 years of age” and inserting in place thereof the following 4355 words:- the age of criminal majority. 4356 SECTION 182. Said section 54 of said chapter 119, as so appearing, is hereby further 4357 amended by striking out, in line 21, the figure “18” and inserting in place thereof the following 4358 words:- the age of criminal majority. 4359 SECTION 183. Section 58 of said chapter 119, as so appearing, is hereby amended by 4360 striking out, in lines 8 to 12, inclusive, the words “that any such probation may be imposed until 4361 such child reaches age eighteen or age nineteen in the case of a child whose case is disposed of 4362 after he has attained his eighteenth birthday or age 20 in the case of a child whose case is 4363 disposed of after he attains his nineteenth birthday” and inserting in place thereof the following 4364 words:- that any such probation may, in the case of an offense that occurred prior to the child’s 4365 eighteenth birthday, be imposed until such child reaches age 18 or 19 in the case of a child 203 of 276 4366 whose case is disposed of after the child has attained the child’s eighteenth birthday or age 20 in 4367 the case of a child whose case is disposed of after the child attains the child’s nineteenth 4368 birthday. In the case of an offense that occurred on or after the child’s eighteenth birthday, such 4369 probation may be imposed until such child reaches age 19 or age 20 in the case of a child whose 4370 case is disposed of after the child has attained the child’s nineteenth birthday, or age 21 in the 4371 case of a child whose case is disposed of after the child attains the child’s twentieth birthday. 4372 SECTION 184. Said section 58 of said chapter 119, as so appearing, is hereby further 4373 amended by inserting after the word “eighteen”, in lines 26 and 27, the following words:- in a 4374 case where the offense occurred prior to the child’s eighteenth birthday. 4375 SECTION 185. Said section 58 of said chapter 119, as so appearing, is hereby further 4376 amended by inserting after the word “birthday”, in lines 29 and 30, the following words:- In a 4377 case where the offense occurred on or after the child’s eighteenth birthday, the probationary or 4378 commitment period shall not be for a period longer than until such child attains the age of 19. 4379 SECTION 186. Said section 58 of said chapter 119, as so appearing, is hereby amended 4380 by inserting after the word “twenty-one”, in line 38, the following words:- in a case where the 4381 offense occurred prior to the child’s eighteenth birthday, or until he reaches the age of 23 in the 4382 case of a child whose offense occurred on or after the child’s eighteenth birthday. 4383 SECTION 187. Said section 58 of said chapter 119, as so appearing, is hereby further 4384 amended by inserting after the word “twenty-one”, in line 54, the following words:- in a case 4385 where the offense occurred prior to the child’s eighteenth birthday, or until they reach the age of 4386 23 in the case of a child whose offense occurred on or after the child’s eighteenth birthday. 204 of 276 4387 SECTION 188. Said section 58 of said chapter 119, as so appearing, is hereby amended 4388 by inserting after the word “ twenty-one”, in line 48, the following words:- in a case where the 4389 offense occurred prior to the child’s eighteenth birthday, or until the age of 23 in the case of a 4390 child whose offense occurred on or after the child’s eighteenth birthday. 4391 SECTION 189. Said section 58 of said chapter 119, as so appearing, is hereby amended 4392 by inserting after the words “twenty-one”, in line 54, the following words:- in a case where the 4393 offense occurred prior to the child’s eighteenth birthday or until the child reaches the age of 23 in 4394 the case of a child whose offense occurred on or after the child’s eighteenth birthday. 4395 SECTION 190. Said section 58 of said chapter 119, as so appearing, is hereby further 4396 amended by striking out, in line 79, the word “eighteenth” and inserting in place thereof the 4397 following words:- twenty-first. 4398 SECTION 191. Said section 58 of said chapter 119, as so appearing, is hereby further 4399 amended by striking out, in lines 78 and 79, the words “the Massachusetts Correctional 4400 Institution, Cedar Junction, prior to his eighteenth birthday” and inserting in place thereof the 4401 following words:- any prison owned, operated, administered or subject to the control of the 4402 department of correction including, but not limited to: Massachusetts Correctional Institution, 4403 Cedar Junction; Massachusetts Correctional Institution, Norfolk; Massachusetts Correctional 4404 Institution, Concord; Massachusetts Correctional Institution, Framingham; Massachusetts 4405 Correctional Institution, Bridgewater; Massachusetts Correctional Institution, Plymouth; 4406 Massachusetts Correctional Institution, Warwick; and Massachusetts Correctional Institution, 4407 Monroe, prior to his twenty-first birthday. 205 of 276 4408 SECTION 192. Said section 58 of said chapter 119, as so appearing, is hereby further 4409 amended by striking out, in lines 97 to 99, inclusive, the words “until such child attains his 4410 eighteenth birthday or his nineteenth birthday in the case of a child whose case is disposed of 4411 after he has attained his eighteenth birthday” and inserting the following words:- until such child 4412 attains their nineteenth birthday or their twentieth birthday in the case of a child whose case is 4413 disposed of after they have attained their nineteenth birthday. 4414 SECTION 193. Section 60A of chapter 119 of the General Laws, as so appearing, is 4415 hereby amended by striking out, in line 17, the words “his fourteenth and eighteenth birthdays” 4416 and inserting in place thereof the following words:- the child’s fourteenth birthday and the child 4417 attaining the age of criminal majority. 4418 SECTION 194. Said section 60A of said chapter 119, as so appearing, is hereby further 4419 amended by striking out, in line 20, the words, “been age 18 older” and inserting in place thereof 4420 the following words:- attained the age of criminal majority. 4421 SECTION 195. Said section 60A of said chapter 119, as so appearing, is hereby further 4422 amended by striking out, in line 22, the words “were age 18 or older” and inserting in place 4423 thereof the following words:- attained the age of criminal majority. 4424 SECTION 196. Section 63A of said chapter 119, as so appearing, is hereby amended by 4425 striking out, in line 1, the words “is 19 years of age” and inserting in place thereof the following 4426 words:- attained the age of criminal majority. 4427 SECTION 197. Said section 63A of said chapter 119, as so appearing, is hereby further 4428 amended by striking out, in line 2, the figure “18” and inserting in place thereof the following 4429 words:- criminal majority. 206 of 276 4430 SECTION 198. Section 65 of chapter 119, as so appearing, is hereby amended by striking 4431 out, in line 2, the words “18 years of age” and inserting in place thereof the following words:- the 4432 age of criminal majority. 4433 SECTION 200. Section 66 of said chapter 119, as so appearing, is hereby amended by 4434 striking out in lines 3 and 5 the words “18 years of age” and inserting in place thereof, in each 4435 instance, the following words:- the age of criminal majority. 4436 SECTION 201. Section 67 of said chapter 119, as so appearing, is hereby amended by 4437 striking out, in the words “18 years of age”, each time they appear, and inserting in place thereof 4438 the following words:- the age of criminal majority. 4439 SECTION 202. Section 68 of said chapter 119, as so appearing, is hereby amended by 4440 striking out, in line 2, the figure “18” and inserting in place thereof the following words:- 4441 criminal majority. 4442 SECTION 203. Said section 68 of said chapter 119, as so appearing, is hereby further 4443 amended by striking out in line 34, the words “18 years of age” and inserting in place thereof the 4444 following words:- the age of criminal majority. 4445 SECTION 204. Section 68A of said chapter 119, as so appearing, is hereby amended by 4446 striking out, in line 1, the words “18 years of age” and inserting in place thereof the following 4447 words:- the age of criminal majority. 4448 SECTION 205. Section 70 of said chapter 119, as so appearing, is hereby amended by 4449 striking out, in line 2, the words “18 years of age” and inserting in place thereof the following 4450 words:- the age of criminal majority. 207 of 276 4451 SECTION 206. Section 72 of said chapter 119, as so appearing, is hereby amended by 4452 striking out in lines 2 and 3 the words “their eighteenth birthday” and inserting in place thereof 4453 the following words:- the age of criminal majority. 4454 SECTION 207. Said section 72 of said chapter 119, as so appearing, is hereby further 4455 amended by striking out, in line 9, the word “twentieth” and inserting in place thereof the 4456 following words:- twenty-first. 4457 SECTION 208. Said section 72 of said chapter 119, as so appearing, is hereby further 4458 amended by striking out, in lines 10 to 15, inclusive, the words “ prior to his eighteenth birthday, 4459 and is not apprehended until between such child’s eighteenth and nineteenth birthday, the court 4460 shall deal with such child in the same manner as if he has not attained his eighteenth birthday and 4461 all provisions and rights applicable to a child under 18 shall apply to such child” and inserting in 4462 place thereof the following words:- prior to attaining the age of criminal majority, and is not 4463 apprehended until between such child’s attainment of the age of criminal majority and the 4464 subsequent birthday, the court shall deal with such child in the same manner as if they have not 4465 attained the age of criminal majority and all provisions and rights applicable to a child under 18 4466 shall apply to such child. 4467 SECTION 209. Subsection (b) of said section 72 of said chapter 119, as so appearing, is 4468 hereby amended by striking out, in line 18, the words “their eighteenth birthday”, in line 18, and 4469 inserting in place thereof the following words:- the age of criminal majority 4470 SECTION 210. Section 72A of said chapter 119, as so appearing, is hereby amended by 4471 striking out, in lines 2 and 3, the words “his eighteenth birthday, and is not apprehended until 4472 after his nineteenth birthday,” and inserting in place thereof the following words:- 208 of 276 4473 attaining the age of criminal majority, and is not apprehended until after the person’s 4474 subsequent birthday. 4475 SECTION 211. Section 72B of said chapter 119, as so appearing, is hereby amended by 4476 striking out, each time they appear, the words “his eighteenth birthday” and inserting in place 4477 thereof, in each instance, the following words:- attaining the age of criminal majority. 4478 SECTION 212. Section 74 of said chapter 119, as so appearing, is hereby amended by 4479 striking out, in lines 3 and 4, the words “his eighteenth birthday” and inserting in place thereof 4480 the following words:- attaining the age of criminal majority. 4481 SECTION 213. Said section 74 of said chapter 119, as so appearing, is hereby further 4482 amended by striking out, in lines 10 and 14. the words “18 years of age” and inserting in place 4483 thereof, in each instance, the following words:- the age of criminal majority. 4484 SECTION 214. Section 84 of said chapter 119, as so appearing, is hereby amended by 4485 striking out, in lines 12 and 13, the words “eighteen (or nineteen) years of age” and inserting in 4486 place thereof the following words:- the age of criminal majority or one year older. 4487 SECTION 215. Subsection (a) of section 89 of said chapter 119, as so appearing, is 4488 hereby amended by striking out, in line 25, the figure “18” and inserting in place thereof the 4489 following words:- criminal majority. 4490 SECTION 216. Section 15 of chapter 120 of the General Laws, as so appearing, is hereby 4491 amended by striking out, in lines 3 and 4, the figure “18” and inserting in place thereof, in each 4492 instance, the following words:- the age of criminal majority. 209 of 276 4493 SECTION 217. Section 21 of said chapter 120, as so appearing, is hereby amended by 4494 striking out, in lines 7, 9 and 10, the word “conviction” and inserting in place thereof, in each 4495 instance, the following word:- adjudication. 4496 SECTION 218. Said section 21 of said chapter 120, as so appearing, is hereby further 4497 amended by striking out, in line 17, the words “18 years of age” and inserting in place thereof the 4498 following words:- the age of criminal majority. 4499 SECTION 219. Section 1 of chapter 128 of the General Laws, as so appearing, is hereby 4500 amended by inserting before the definition of “Commissioner” the following definition:- 4501 “Agritourism”, any agriculturally related educational, entertainment, historical, cultural 4502 or recreational activity, including, but not limited to, you-pick operations, farm markets or horse 4503 farms that offer trail rides and hayrides to the general public conducted on a farm that allows or 4504 invites members of the general public to observe, participate in, experience, or enjoy such 4505 activities. 4506 SECTION 220. Said chapter 128 is hereby further amended inserting after section 2E the 4507 following section:- 4508 Section 2F. (a) A farming property may conduct agritourism activities if: (i) such 4509 activities generate not more than 25 per cent of the gross income of farm income; and (ii) not less 4510 than 35 per cent of gross farm income is generated come from the sale of products grown on the 4511 farm at which the agritourism activity, provided, however, not less than 65 per cent of gross farm 4512 income shall come from the sale of products grown on such farm or another farm in the 4513 commonwealth. 210 of 276 4514 (b) A non-farming property owner may conduct agritourism activities if: (i) not less than 4515 75 per cent of the acreage of the property is dedicated to traditional agricultural activities; and 4516 (ii) not less than 50 per cent of the agricultural product produced on the property, by either gross 4517 sales or volume, are purchased by the property and utilized in the agritourism activity. 4518 SECTION 221. Section 1 of chapter 130 of the General Laws, as appearing in the 2022 4519 Official Edition, is hereby amended by striking out the definition of “Close season” and inserting 4520 in place thereof the following definition:- 4521 “Close season” or “closed season”, the time during which fish cannot lawfully be taken 4522 or a time or area when and where the use of fishing gear is prohibited. 4523 SECTION 222. Said section 1 of said chapter 130, as so appearing, is hereby further 4524 amended by inserting after the definition of “Fish car” the following 2 definitions:- 4525 “Fishing gear”. a trap, net, fish car or other device that: (i) is intact; (ii) functions as 4526 intended to take, hold or capture fish; and (iii) is in the water during open season. 4527 “Fishing gear debris”, a trap, net, fish car or other device that: (i) is not intact; (ii) does 4528 not function as intended to take, hold or capture fish; and (iii) is in the water during closed 4529 season. 4530 SECTION 223. Said section 1 of said chapter 130, as so appearing, is hereby further 4531 amended by striking out the definition of “Open season” and inserting in place thereof the 4532 following definition:- 4533 “Open season”, the time during which fish may lawfully be taken or a time or area where 4534 the use of a particular fishing gear is permitted. 211 of 276 4535 SECTION 224. Said chapter 130 is hereby further amended by striking out section 31, as 4536 so appearing, and inserting in place thereof the following section:- 4537 Section 31. No person shall, without the consent of the owner, take, use, destroy, injure 4538 or molest fishing gear. The division of marine fisheries, with the approval of the marine fisheries 4539 advisory commission and the department of fish and game, shall promulgate regulations that may 4540 authorize or permit the removal of fishing gear debris from the waters under the jurisdiction of 4541 the commonwealth and the adjacent coastal shoreline; provided, however, that fishing gear 4542 debris collected by the division shall not be subject to chapter 134. 4543 SECTION 225. Section 32 of said chapter 130 is hereby repealed. 4544 SECTION 226. Chapter 138 of the General Laws is hereby amended by striking out 4545 section 15F, as appearing in the 2022 Official Edition, and inserting in place thereof the 4546 following section:- 4547 Section 15F. Notwithstanding any other provision of this chapter, the local licensing 4548 authority of any city or town in which the granting of licenses to sell alcoholic beverages is 4549 authorized in this chapter may issue to an applicant a special license to sell at an indoor or 4550 outdoor agricultural event: (i) wine produced by or for the applicant if the wine is in sealed 4551 containers for off-premises consumption and the applicant is authorized to operate a farmer- 4552 winery under section 19B; (ii) malt beverages produced by or for the applicant if the malt 4553 beverages are in sealed containers for off-premises consumption and the applicant is authorized 4554 to operate a farmer-brewery under section 19C or a pub brewery under section 19D; or (iii) 4555 distilled products produced by or for the applicant if the distilled product is in sealed containers 4556 for off-premises consumption and the applicant is authorized to operate a farmer-distillery under 212 of 276 4557 section 19E. For the purposes of this section, “agricultural event” shall be limited to those events 4558 certified by the department of agricultural resources pursuant to this section. 4559 Sales of alcoholic beverages under this section shall be conducted by the licensee or by 4560 an agent, representative or solicitor of the licensee to customers who are not less than 21 years of 4561 age. A licensee under this section may provide, at no charge, samples of its alcoholic beverages 4562 to prospective customers at an indoor or outdoor agricultural event; provided, however, that such 4563 samples shall be served by the licensee or by the agent, representative or solicitor of the licensee 4564 to individuals who are at least 21 years of age and shall be consumed in the presence of the 4565 licensee or the agent, representative or solicitor of the licensee; provided further, that a sample 4566 of: (i) wine shall not exceed 1 ounce; (ii) a distilled product shall not exceed 0.25 ounce; and (iii) 4567 a malt beverage shall not exceed 2 ounces; and provided further, that not more than 5 samples of 4568 wine or malt beverages and not more than 4 samples of distilled products shall be served to an 4569 individual prospective customer. 4570 An applicant for a special license under this section shall first submit a plan to the 4571 department of agricultural resources that shall demonstrate that the event is an agricultural event. 4572 The plan shall include: (i) a description of the event; (ii) the date, time and location of the event; 4573 (iii) a copy of the operational guidelines or rules for the event; (iv) written proof that the 4574 prospective licensee has been approved as a vendor at the event, including the name and contact 4575 information of the on-site manager; and (v) a plan depicting the premises and the specific 4576 location where the license shall be exercised. 4577 Upon review of the plan, the department may certify that the event is an agricultural 4578 event; provided, however, that in making that determination, the department shall consider: (i) 213 of 276 4579 operation as a farmers' market or agricultural fair approved or inspected by the department; (ii) 4580 the frequency and regularity of the event, including dates, times and locations; (iii) the number of 4581 vendors; (iv) the terms of vendor agreements; (v) the presence of an on-site manager; (vi) the 4582 training of the on-site manager; (vii) any operational guidelines or rules, which shall include 4583 vendor eligibility and produce source; (viii) the focus of the event on local agricultural products 4584 grown or produced within the market area; (ix) the types of shows or exhibits, including those 4585 described in subsection (f) of section 2 of chapter 128; and (x) the event’s sponsorship or 4586 operation by an agricultural or horticultural society organized under the laws of the 4587 commonwealth or by a local grange organization or association that has a primary purpose of 4588 promoting agriculture and its allied industries. The department of agricultural resources may 4589 promulgate rules and regulations necessary for the operation, oversight, approval and inspection 4590 of agricultural events under this section. 4591 In addition to its application, an applicant for a special license under this section shall file 4592 with the local licensing authority proof of certification from the department of agricultural 4593 resources that the event is an agricultural event. A special license under this section shall 4594 designate the specific premises and the dates and times covered. A special license may be 4595 granted for an indoor or outdoor agricultural event that takes place on multiple dates or times 4596 during a single calendar year, but a special license shall not be granted for an agricultural event if 4597 the event is not scheduled to take place within 1 calendar year. 4598 The special license shall be conspicuously displayed at the licensed premises. A copy of a 4599 special license granted by the local licensing authority shall be submitted by the authority to the 4600 commission not less than 7 days before the date the agricultural event is scheduled to begin. The 4601 local licensing authority may charge a fee for each special license granted, but such fee shall not 214 of 276 4602 exceed $50. A special license granted under this section shall be nontransferable to any other 4603 person, corporation or organization and shall be clearly marked “nontransferable” on its face. 4604 A special license under this section may be granted by a local licensing authority for a 4605 portion of premises that are licensed under section 12; provided, however that: (i) the holder of 4606 the special license shall document the legal basis for use of the premises; (ii) the area in which 4607 the special license is to be approved shall be physically delineated from the area remaining under 4608 the control of the holder of the license granted under said section 12; (iii) the holder of the 4609 special license shall be solely liable for all activities that arise out of the special license; and (iv) 4610 the holder of the special license shall not pay any consideration directly or indirectly to the 4611 holder of the license granted under said section 12 for the access to or use of the premises. 4612 SECTION 227. Section 19C of said chapter 138, as so appearing, is hereby amended by 4613 inserting after the word “premises”, in line 124, the following words:- or in accordance with 4614 section 15F. 4615 SECTION 228. Section 19D of said chapter 138, as so appearing, is hereby amended by 4616 inserting after the word “premises”, in line 126, the following words:- , or in accordance with 4617 section 15F. 4618 SECTION 229. Section 19E of said chapter 138, as so appearing, is hereby amended by 4619 inserting after the word “premises”, in line 125, the following words:- , or in accordance with 4620 section 15F. 4621 SECTION 230. Section 26 of said chapter 138, as so appearing, is hereby amended by 4622 striking out, in lines 3 and 22, the word “his” and inserting in place thereof, in each instance, the 4623 following word:- their. 215 of 276 4624 SECTION 231. Said section 26 of said chapter 138, as so appearing, is hereby further 4625 amended by inserting after the word “States” in lines 4 and 16, each time it appears, the 4626 following words:- or a qualified alien under the Immigration and Nationality Act, 8 U.S.C. 1101. 4627 SECTION 232. Said section 26 of said chapter 138, as so appearing, is hereby further 4628 amended by inserting after the word “citizen”, in line 6, the following words:- or qualified alien. 4629 SECTION 233. Said section 26 of said chapter 138, as so appearing, is hereby further 4630 amended by striking out, in line 16, the word “him” and inserting in place thereof the following 4631 word:- them. 4632 SECTION 234. Said chapter 138 is hereby further amended by inserting after section 33B 4633 the following 2 sections:- 4634 Section 33C. In a city or town that accepts this section in the manner provided in section 4635 4 of chapter 4, an establishment holding a license to sell alcohol to be drunk o the premises under 4636 this chapter may sell alcoholic beverages or alcohol at a discounted price, in a manner as 4637 approved by the city or town. 4638 Section 33D. In a city or town that accepts this section in the manner provided in section 4639 4 of chapter 4, a common victualler duly licensed under chapter 140 or any person duly licensed 4640 under section 12 to sell all alcoholic beverages or only wines and malt beverages to be drunk on 4641 the premises may discount alcoholic beverages during a specified time period, subject to any 4642 ordinances, by-laws or other limitations provided by the city or town; provided, however, that: 4643 (i) the prices of alcoholic beverages shall not be changed during the time period in which they 4644 are discounted; (ii) alcoholic beverages shall not be discounted between the hours of 10 p.m. and 4645 the licensed establishment’s closing hour; and (iii) notice of the sale of discounted alcoholic 216 of 276 4646 beverages during the specified time period shall be conspicuously posted on the licensed 4647 premises and on the licensee’s publicly available website ot less than 3 days prior to the specified 4648 time. Authorized licensees may advertise events permitted under this section with the approval of 4649 the local licensing authority. 4650 SECTION 235. Chapter 140 of the General Laws is hereby amended by inserting after 4651 section 131Y the following section:- 4652 Section 131Z. (a) As used in this section, the following words shall have the following 4653 meanings unless the context clearly requires otherwise: 4654 “Robotic device”, a device capable of locomotion, navigation, movement or flight that 4655 operates at a distance from its operator or supervisor based on commands or in response to 4656 sensor data, or a combination thereof, including, but not limited to, an uncrewed aerial vehicle. 4657 “Weapon”, a device designed to threaten or cause death, incapacitation or physical injury 4658 to a person including, but not limited to, firearms, chemical agents or irritants, flamethrowers, 4659 kinetic impact projectiles, weaponized lasers and explosive devices. 4660 (b) No person shall , t manufacture, modify, sell, transfer, possess or operate a robotic 4661 device equipped or mounted with a weapon. Whoever knowingly violates this subsection shall be 4662 punished by imprisonment in the state prison for not less than 2½ years and not more than 5 4663 years or in a jail or house of correction for not less than 18 months and not more than 2½ years. 4664 Whoever, after having been convicted of any of the offenses in this subsection, commits a 4665 second offense in violation of this subsection shall be punished by imprisonment in the state 4666 prison for not less than 5 years and not more than 7 years, whoever commits third such offense, 4667 shall be punished by imprisonment in the state prison for not less than 7 years and not more than 217 of 276 4668 10 years and whoever commits a fourth or subsequent offense, shall be punished by 4669 imprisonment in the state prison for not less than 10 years and not more than 15 years. 4670 (c) No person shall, use a robotic device to: (i) threaten to commit a crime in violation of 4671 section 2 of chapter 275; (ii) harass another person in violation of section 43A of chapter 265; or 4672 (iii) physically restrain or to attempt to physically restrain another person. Whoever knowingly 4673 violates the of this subsection shall be punished by imprisonment in a house of correction for not 4674 more than 2½ years, by a fine of not more than $1,000 or by both such fine and imprisonment. 4675 Whoever, after having been convicted of any of the offenses set forth in this subsection, commits 4676 a second or subsequent offense under this subsection shall be punished by imprisonment in a 4677 house of correction for not more than 2½ years or in a state prison for not more than 10 years, by 4678 a fine of not more than $15,000 or by both such fine and imprisonment. 4679 (d) This section shall not apply to: 4680 (i) the United States Department of Defense or any of its departments, agencies or units; 4681 (ii) the Massachusetts National Guard; 4682 (iii) a defense industrial company with respect to robotic devices that are within the scope 4683 of its contract with the United States Department of Defense; 4684 (iv) a defense industrial company with respect to robotic devices that are within the scope 4685 of a waiver obtained from the attorney general; 4686 (v) robotic devices within the scope of a waiver obtained from the attorney general solely 4687 for the development or testing of technology intended to detect, prevent or mitigate the 4688 unauthorized weaponization of robotic devices; any 218 of 276 4689 (vi) robotic devices within the scope of a waiver obtained from the attorney general 4690 solely for educational or entertainment purposes; and 4691 (vii) law enforcement agencies or officers, as those terms are defined in section 1 of 4692 chapter 6E, acting in the public performance of their duties, to operate a robotic device equipped 4693 or mounted with a weapon or disrupter technology: (A) to destroy, defuse or dispose of 4694 explosives or suspected explosives; (B) to destroy property when there is an imminent threat of 4695 death or serious bodily injury; or (C) for the development, evaluation, testing, education or 4696 training relating to the uses authorized in this clause. 4697 (e) A law enforcement agency shall obtain a warrant or other required judicial 4698 authorization prior to deploying a robotic device: (i) onto private property in any situation in 4699 which a warrant would be required if the entry onto that property were made by an officer; and 4700 (ii) to conduct surveillance or location tracking in any situation in which a warrant or other 4701 required judicial authorization would be required if such surveillance or tracking were conducted 4702 by an officer or by the use of other technology. 4703 (f) A person may bring a civil action for damages and equitable relief, including 4704 injunctive relief, resulting from a violation of this section or a regulation promulgated hereunder 4705 in a court of competent jurisdiction. A plaintiff who prevails in an action under this section shall 4706 be entitled to an award of reasonable attorneys’ fees and costs incurred in connection with such 4707 civil action. 4708 (g) A law enforcement agency shall document, as a public record, every instance that it 4709 uses a robotic device and submit such information quarterly to the executive office of public 4710 safety and security. Reported information shall include: (i) the date and time of the use; (ii) the 219 of 276 4711 scope, target and objective of the use; (iii) whether the robotic device was equipped or mounted 4712 with a weapon; (iv) the permitted reason for use; and (v) whether a warrant or other legally 4713 required judicial authorization was obtained. The executive office of public safety and security 4714 shall annually, not later than March 31, publicly post this information on its website. 4715 (h) The secretary of the executive office of public safety may promulgate rules and 4716 regulations to carry out the provisions of this section, including rules and regulations related to 4717 the permitted uses of robotic devices equipped or mounted with a weapon by law enforcement 4718 set forth in subsection (e). 4719 (j) The attorney general shall promulgate rules and regulations relating to the exemptions 4720 described in subsection (d). 4721 SECTION 236. Said chapter 140 is hereby further amended by striking out sections 185C 4722 and 185D, as appearing in the 2022 Official Edition, and inserting in place thereof the following 4723 2 sections:- 4724 Section 185C. (a) For the purpose of this section, “ticket purchasing software” shall mean 4725 any machine, device, computer program or computer software that, on its own or with human 4726 assistance, bypasses security measures or access control systems on a retail ticket purchasing 4727 platform, or other controls or measures on a retail ticket purchasing platform that assist in 4728 implementing a limit on the number of tickets that can be purchased, to purchase tickets. 4729 (b) The commissioner of occupational licensure, after notice to the licensee and 4730 reasonable opportunity to be heard, may revoke a license or may suspend the license for such 4731 period as the commissioner deems appropriate, upon satisfactory proof that the licensee has 4732 violated or permitted a violation of any condition of the license or of any rule or regulation of the 220 of 276 4733 commissioner under section 185E. If the license is revoked, the licensee shall be disqualified to 4734 receive a license for 1 year after the expiration of the term of the license so revoked. 4735 (c) No person, firm, corporation or other entity shall utilize or sell ticket purchasing 4736 software to purchase tickets. Any person, firm, corporation or other entity who knowingly 4737 utilizes ticket purchasing software to purchase tickets shall be subject to a civil penalty of not 4738 less than $500 per violation and shall forfeit all profits made from the sale of any such 4739 unlawfully obtained tickets. Any person, firm, corporation or other entity who is a licensee who 4740 is adjudicated guilty by the commissioner under subsection (b) of the following acts shall have 4741 their license revoked and may be barred from licensure for a period not to exceed 3 years if the 4742 licensee: (i) knowingly utilized ticket purchasing software in order to purchase tickets; (ii) 4743 knowingly resold or offered to resell a ticket that the licensee knew was obtained using ticket 4744 purchasing software; or (iii) intentionally maintained any interest in or maintained any control of 4745 the operation of ticket purchasing software to purchase tickets. 4746 (d) Any person, firm, corporation or other entity that has knowledge of the use of ticket 4747 purchasing software in violation of this chapter and fails to notify the office of the attorney 4748 general within 30 days shall be subject to a civil penalty of $500 per violation. 4749 Section 185D. (a) A licensee that facilitates the sale or resale of a ticket to any theatrical 4750 exhibition, public show, public amusement or exhibition shall disclose in a clear and 4751 conspicuous manner the total ticket price inclusive of fees, interests, charges and other 4752 components of the total ticket price; provided, however, that the total ticket price may not 4753 include shipping charges, taxes and any fees required by federal, state or local law. 221 of 276 4754 (b) The total ticket price shall be disclosed: (i) at the time of the initial presentation or 4755 listing of the ticket price and anytime afterwards; (ii) prior to requiring a consumer to provide 4756 personal information, including, but not limited to, billing information; provided, however, that 4757 such information may be collected if the personal information is necessary to determine if the 4758 purchase by the consumer is legal; and (iii) prior to the ticket being selected for purchase. 4759 Notwithstanding the foregoing, a ticket purchased for a non-live movie or non-live show at a 4760 movie theater may display the ticket price and all ancillary charges after the customer selects the 4761 movie or show; provided, however, that all fees shall be clearly and conspicuously provided 4762 contemporaneously with the ticket price and prior to requiring a consumer to provide personal 4763 information, including billing information; and provided further, that such information may be 4764 collected if the personal information is necessary to determine if the purchase is legal. 4765 (c) No licensee under section 185A shall sell or facilitate the sale of tickets or resell or 4766 facilitate the resale of any tickets to a theatrical exhibition, public show, public amusement or 4767 exhibition of any description without a guarantee to each purchaser of such sold or resold tickets 4768 that the purchaser shall be provided a full refund of the amount paid by the purchaser, including, 4769 but not limited to, all fees and charges, if any, if the: (i) event for which the ticket has been sold 4770 or resold is cancelled; (ii) ticket received by the purchaser does not grant the purchaser 4771 admission to the event described on the ticket; (iii) ticket was not delivered to the purchaser prior 4772 to the occurrence of the event unless such failure of delivery was due to an act or omission of the 4773 purchaser; or (iv) ticket fails to conform to its description as advertised unless the purchaser has 4774 preapproved a substitution of tickets. The provision of a replacement ticket to the same event at a 4775 comparable location, where applicable, and at no additional cost to the consumer shall be 4776 considered a full refund under this section. 222 of 276 4777 (d) Failure to disclose the fees clearly and conspicuously or misrepresenting the total 4778 ticket price under this section shall constitute an unfair or deceptive act or practice under chapter 4779 93A. 4780 (e) Any person, firm, corporation or other entity who violates this section may be barred 4781 from licensure for not more than 3 years and shall be subject to a civil penalty of not more than 4782 $5,000 per violation. 4783 SECTION 237. Section 4 of chapter 142A of the General Laws, as so appearing, is 4784 hereby amended by striking out, in line 5, the word “two” and inserting in place thereof the 4785 following figure:- 5. 4786 SECTION 238. Section 5 of said chapter 142A, as so appearing, is hereby amended by 4787 inserting after the word “jurisdiction”, in line 5, the following words:- or an arbitrator pursuant to 4788 section 4. 4789 SECTION 239. Said section 5 of said chapter 142A, as so appearing, is hereby further 4790 amended by striking out, in lines 9 to 13, inclusive, the words “owner has exhausted all 4791 customary and reasonable efforts to collect the judgment but the contractor has filed for 4792 bankruptcy, fled the jurisdiction or the owner is otherwise unable to collect such judgment after 4793 execution” and inserting in place thereof the following words:- contractor shall have failed to pay 4794 the judgment or award and the director has determined that reasonable efforts to collect the same 4795 have been made. 4796 SECTION 240. Section 7 of said chapter 142A, as so appearing, is hereby amended by 4797 striking out the first paragraph and inserting in place thereof the following paragraph:- 223 of 276 4798 An owner may make a claim to the fund only if the owner has complied with section 3, 4799 has obtained a judgment or arbitration award and has filed the claim with the fund not more than 4800 7 years from the date of the contract, stating that the contractor has failed to pay the judgment or 4801 award and the director has determined that reasonable efforts to collect the same have been 4802 made. 4803 SECTION 241. Said section 7 of said chapter 142A, as so appearing, is hereby further 4804 amended by striking out, in lines 12 and 13, the words “ten thousand dollars” and inserting in 4805 place thereof the following figure:- $25,000. 4806 SECTION 242. Said section 7 of said chapter 142A, as so appearing, is hereby further 4807 amended by striking out, in lines 15 and 18, the words “seventy-five thousand dollars” and 4808 inserting in place thereof, in each instance, the following figure:- $150,000. 4809 SECTION 243. Section 15 of said chapter 142A is hereby repealed. 4810 SECTION 244. Section 17 of said chapter 142A, as appearing in the 2022 Official 4811 Edition, is hereby amended by striking out clause (17) and inserting in place thereof the 4812 following 3 clauses:- 4813 (17) having a license, certificate, registration or authority issued by another state or 4814 territory of the United States, the District of Columbia or a foreign state or nation with authority 4815 to issue such a license, certificate, registration or authority revoked, cancelled, suspended, not 4816 renewed or otherwise acted against or, if the holder has been disciplined, the basis for any such 4817 action would constitute a basis for disciplinary action in the commonwealth; 224 of 276 4818 (18) failing to repay the fund in full, including the appropriate amount of annual interest, 4819 for any amount paid from the fund because of the contractor’s or subcontractor’s conduct; and 4820 (19) violating any other provision of this chapter. 4821 SECTION 244. Said section 17 of said chapter 142A, as so appearing, is hereby further 4822 amended by adding the following paragraph:- 4823 For the purposes of this section, the conduct of a contractor or subcontractor shall include 4824 the conduct of their agents, employees, salespersons and subcontractors, whether or not an 4825 express relationship exists, if the work or activity is within the scope of the contract and not for 4826 additional work beyond the contract undertaken by separate agreement with the owner. 4827 SECTION 245. The first paragraph of section 18 of said chapter 142A, as so appearing, is 4828 hereby amended by adding the following sentence:- The director may also enter into a consent 4829 agreement with a registrant to impose administrative penalties, including, but not limited to, 4830 voluntary revocation of the registration. 4831 SECTION 246. Section 53 of chapter 146 of the General Laws, as so appearing, is hereby 4832 amended by adding the following 2 subsections:- 4833 (h) A public high school that operates hoisting equipment as part of a vocational technical 4834 education program approved under chapter 74 shall be exempt from this section if the school: (i) 4835 has not less than 1 supervisory instructor who holds a license issued by the division of 4836 occupational licensure pursuant to this section and who is designated as the responsible person in 4837 charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on 4838 site at all times of operation; and (B) designated as the responsible person in charge of hoisting 225 of 276 4839 equipment during that period of operation; and (ii) provides an in-service training program for its 4840 instructors. 4841 (i) A training facility that is registered with the division of apprentice standards and 4842 which trains apprentices for the occupation of operating engineer shall be exempt from this 4843 section if the facility: (i) has not less than 1 supervisory instructor who holds a license issued by 4844 the division of occupational licensure pursuant to this section and who is designated as the 4845 responsible person in charge of the hoisting equipment; provided, however, that the supervising 4846 instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in 4847 charge of hoisting equipment during that period of operation; and (ii) provides an in-service 4848 training program for its instructors. 4849 SECTION 247. Chapter 147 of the General Laws is hereby amended by striking out 4850 section 36, as appearing in the 2022 Official Edition, and inserting in place thereof the following 4851 3 sections:- 4852 Section 36. At every boxing, kickboxing, mixed martial arts or other unarmed combative 4853 sporting event, sparring match or exhibition, there shall be in attendance a referee, duly licensed 4854 under this section and sections 35 and 35A. There shall also be in attendance not less than 3 4855 duly-licensed judges, each of whom shall, at the termination of a match or exhibition, vote for 4856 the contestant in whose favor the decision should, in their opinion, be rendered or, for a draw if, 4857 in their opinion, neither contestant is entitled to a decision in their favor and the decision shall be 4858 rendered in favor of the contestant receiving a majority of the votes or, if neither receives a 4859 majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a decision, 4860 the vote of each judge shall be announced from the ring. The referee shall have full power to stop 226 of 276 4861 the match or exhibition whenever they deem it advisable because of the physical condition of a 4862 contestant or when 1 contestant is clearly outclassed by their opponent or for other sufficient 4863 reason. The commission shall declare forfeited any prize, remuneration or purse or any part 4864 thereof belonging to a contestant if, in the judgment of a majority of the commissioners after 4865 consultation with the judges and the referee, the contestant was not competing in good faith. The 4866 fees of the referee and other licensed officials shall be fixed by the commission and shall be paid 4867 by the licensed organization prior to the match or exhibition. 4868 Section 36A. (a) The commission shall set forth rules and regulations for contracts 4869 between a manager and an unarmed combatant and contracts between a promoter and an 4870 unarmed combatant. An unarmed combatant shall not enter a contract with a manager or a 4871 promoter unless the contract is filed with the commission prior to a scheduled contest in an 4872 amount of time established by the commission. The commission shall only honor a contract that 4873 is executed and notarized on a form provided by the commission unless the contract terms 4874 comply with the requirements set forth by the commission. 4875 (b) The commission shall promulgate rules and regulations for contracts between a 4876 manager and an unarmed combatant and a promoter and an unarmed combatant; provided, 4877 however, that an unarmed combatant shall not enter into a contract with a manager or promoter 4878 unless the contracted is filed with the commission prior to a scheduled contast within an amount 4879 of time established by the commission. The commission shall only accept a contract that is 4880 executed and notarized on a form provided by the commission unless the terms of the contract 4881 otherwise comply with the requirements established by the commission. 227 of 276 4882 (c) The commission shall be the sole arbiter of a complaint that a contestant did not that a 4883 contestant did not compete in good faith during a contest and may establish rules governing 4884 dispute resolution under this section. If, during a contest, a contestant is believed to not be 4885 competing in good faith, a member of the commission or their designee shall withhold any prize, 4886 remuneration or purse until a hearing is held. The commission shall, at a hearing following the 4887 contest, declare forfeited any prize, remuneration or purse or any part thereof belonging to a 4888 contestant if, in the judgment of a majority of the commissioners, after consultation with the 4889 judges and the referee, the contestant was not competing in good faith. 4890 Section 36B. Whoever violates any provision of sections 32 to 51, inclusive, or who 4891 conducts themself at any time or place in a manner that is deemed by the commission to discredit 4892 any unarmed combative sports, may have their license revoked and be fined, suspended or 4893 otherwise disciplined in such manner as the commission may direct. 4894 SECTION 248. Said chapter 147 is hereby further amended by striking out section 39B, 4895 as so appearing, and inserting in place thereof the following section:-  4896 Section 39B. A person licensed under section 33 to conduct boxing, kickboxing, mixed 4897 martial arts or other unarmed combative sports events, sparring matches or exhibitions, except 4898 those persons to whom a special license may be granted thereunder without the requirement of a 4899 bond or payment of the annual fee, shall take out a policy of accident insurance on each 4900 contestant participating in the match or exhibition in an amount determined by the commission, 4901 but not less than $10,000, to compensate the contestant for medical and hospital expenses 4902 incurred as the result of injuries received in such match or exhibition and a policy in an amount 4903 determined by the commission, but not less than $100,000, to be paid to the estate of a deceased 228 of 276 4904 contestant in the event of the death of the contestant resulting from participation in the match or 4905 exhibition. The premiums on the policies shall be paid by the licensee. 4906 SECTION 249. Section 192 of chapter 149 of the General Laws, as so appearing, is 4907 hereby amended by striking out, in line 1, the figure “203” and inserting in place thereof the 4908 following figure:- 204. 4909 SECTION 250. Said chapter 149 is hereby further amended by adding the following 4910 section:- 4911 Section 204. (a) A client and a registered PEO or PEO group as defined in section 192 4912 shall each be deemed an employer for the purposes of sponsoring retirement and welfare benefit 4913 plans for its covered employees. 4914 (b) A fully-insured welfare benefit plan offered to the covered employees of a PEO or 4915 PEO group shall be treated as a single employer welfare benefit plan. 4916 (c) A PEO or PEO group shall be deemed the employer of covered employees under 4917 chapter 176J, and all such covered employees shall be included in the full-time equivalents count 4918 for purposes of a fully-insured health insurance plan sponsored by a PEO or PEO group. 4919 SECTION 251. Subsection (4) of section 25Q of chapter 152 of the General Laws, as so 4920 appearing, is hereby amended by adding the following sentence:- Subsection (1) shall not apply 4921 to groups that have been in existence for not less than 5 years and have established a premium 4922 payment plan acceptable to the commissioner. 4923 SECTION 252. Section 2 of the chapter 167F of the General Laws, as so appearing, is 4924 hereby amended by striking out, in lines 343 and 344, the words “Massachusetts Growth Capital 229 of 276 4925 Corporation created under chapter 40W” and inserting in place thereof the following words:- 4926 growth capital division of the Massachusetts Development Finance Agency established in 4927 section 2 of chapter 23G. 4928 SECTION 253. Paragraph 14G of section 63 of chapter 175 of the General Laws, as so 4929 appearing, is hereby amended by striking out clauses (2) and (3) and inserting in place thereof 4930 the following 3 clauses:- 4931 (2) initially rated NAIC 1 or NAIC 2 subsequent to such acquisition, either by the NAIC- 4932 SVO or by the insurer pursuant to a filing exemption in accordance with the requirements of the 4933 NAIC-SVO; 4934 (3) are provisionally rated NAIC 1Z or NAIC 2Z by the insurer in accordance with the 4935 requirements of the NAIC-SVO; provided, however, that in the event that the provisionally rated 4936 bonds, notes, evidences of indebtedness or contractual obligations for the payment of money or 4937 the long-term debt of the institution or institutions issuing, assuming or guaranteeing the bonds, 4938 notes, evidences of indebtedness or contractual obligations for the payment of money 4939 subsequently fail to qualify under clause (1) or (2) after any appeal by the insurer within the 4940 applicable time periods specified by the NAIC-SVO, the bonds, notes, evidences of indebtedness 4941 or contractual obligations for the payment of money shall no longer qualify as permitted 4942 investments under this paragraph; provided further, that no company may invest more than an 4943 aggregate of 2 per cent of its admitted assets in bonds, notes, evidences of indebtedness or 4944 contractual obligations for the payment of money issued, guaranteed or insured by any one 4945 institution pursuant to this paragraph; or 230 of 276 4946 (4) are of an exchange-traded fund registered pursuant to the Investment Company Act of 4947 1940; provided, that: 4948 (i) the exchange-traded fund is solvent and reported not less than $100,000,000 of net 4949 assets in its latest annual or more recent certified audited financial statement; 4950 (ii) the exchange-traded fund operates as a corporation, trust or other substantially similar 4951 legal structure registered with the Securities and Exchange Commission pursuant to the 4952 Investment Company Act of 1940, and the offered shares of the exchange-traded fund are 4953 registered under the Securities Act of 1933; provided, however, that each exchange-traded fund 4954 shall be treated as the issuer of the securities issued by the fund for the purposes of this 4955 paragraph; 4956 (iii) the NAIC-SVO has designated the exchange-traded fund as meeting the criteria to be 4957 placed on the list promulgated by the NAIC-SVO of exchange-traded funds eligible for reporting 4958 as a long-term bond in the purposes and procedures manual of the NAIC-SVO or a successor 4959 publication; and 4960 (iv) the amount of the domestic stock or mutual life company’s investment in the 4961 exchange-traded fund does not exceed 15 per cent of said company’s capital and surplus. 4962 Subclause (iii) shall not authorize a domestic stock or mutual life company to invest in a 4963 bond exchange-traded fund that has embedded structural features designed to deliver 4964 performance that does not track the full unlevered and positive return of the underlying index or 4965 exposure, including a leverage or inverse exchange-traded fund. 231 of 276 4966 An insurer may deposit with the department shares of a bond exchange-traded fund 4967 described by clause (4) as a statutory deposit if state law requires a statutory deposit from the 4968 insurer. 4969 SECTION 254. Subsection (f) of section 2A of chapter 211D of the General Laws, as so 4970 appearing, is hereby amended by striking out in line 106, the words “18 years of age” and 4971 inserting in place thereof the following words:- the age of criminal majority. 4972 SECTION 255. Section 85W of chapter 231 of the General Laws, as so appearing, is 4973 hereby amended by inserting after the word “compensation”, in line 2, the following words:- 4974 exceeding $500 per year. 4975 SECTION 256. Section 35C of chapter 244 of the General Laws, as so appearing, is 4976 hereby amended by adding the following subsection:- 4977 (i)(1) For purposes of this subsection, the following words shall have the following 4978 meanings unless the context clearly requires otherwise: 4979 “Entity”, an entity with a tax-exempt filing status under section 501(c)(3) of the Internal 4980 Revenue Code or an entity controlled by an entity with such tax-exempt filing status. 4981 “Shared appreciation mortgage”, a mortgage or security instrument that is a second lien 4982 on the residential property for the percentage of shared appreciation required to be paid under the 4983 accompanying shared appreciation promissory note and secured by such shared appreciation 4984 mortgage. 232 of 276 4985 “Shared appreciation”, the percentage share of the appreciation in the value of a 4986 residential property as defined in a shared appreciation mortgage and shared appreciation 4987 promissory note. 4988 (2) If an entity obtains from a person acquiring or re-acquiring a residential property a 4989 shared appreciation mortgage encumbering such residential property that secures the contingent 4990 right of the entity to receive a percentage share of the appreciation in value of such residential 4991 property upon: (i) the sale, conveyance, assignment or other transfer thereof; (ii) refinancing or 4992 other payoff or satisfaction of the new first priority mortgage loan encumbering such residential 4993 property; or (iii) the occurrence of other events specified in such shared appreciation mortgage or 4994 such shared appreciation promissory note, including reaching a defined maturity date, then the 4995 entity and the maker, lender, grantor or holder of the new first priority mortgage loan shall not be 4996 liable for monetary relief, injunctive relief or other equitable relief at common law or by statute, 4997 including chapter 93A, chapter 140D, chapter 183C and section 49 of chapter 271 for the use of 4998 or the terms of said shared appreciation mortgage or shared appreciation promissory note, so 4999 long as such person receives a full disclosure, in writing as required herein and in advance of the 5000 closing of such person’s acquisition or re-acquisition of such residential property, stating that 5001 such person will be required to enter into a shared appreciation mortgage and shared appreciation 5002 promissory note to such entity at said closing and upon such person’s entering into a new first 5003 priority mortgage loan. A shared appreciation mortgage and shared appreciation promissory note 5004 offered under this subsection shall be permitted only if a person has received notice or is 5005 otherwise shown to be not less than 90 days delinquent on their prior mortgage loan. An offer for 5006 a shared appreciation mortgage shall be invalid if there is no reduction of the prior delinquent 233 of 276 5007 mortgage loan principal the person owes or owed when the person acquires or re-acquires such 5008 residential property and enters into a new first priority mortgage loan. 5009 (3) An entity shall not offer a shared appreciation mortgage and shared appreciation 5010 promissory note to a person without first providing written notice disclosing substantially the 5011 following information: 5012 Notice of Shared Appreciation Mortgage Agreement 5013 In connection with your acquisition or re-acquisition of your property at 5014 _______________, the undersigned entity intends to make an offer to you to enter into a shared 5015 appreciation mortgage and shared appreciation promissory note. Please be advised that under 5016 such shared appreciation mortgage and promissory note: 5017 You will not be required to make any payment on the shared appreciation mortgage or 5018 shared appreciation note during the mortgage term. 5019 You must pay the shared appreciation mortgage upon refinancing of your new first 5020 priority mortgage loan or upon the sale of the property. 5021 Your percentage of shared appreciation will be based on the amount that your prior 5022 mortgage debt has been reduced. 5023 (4) Said written notice may include substantially the following information: 5024 You are encouraged to discuss this agreement with family, community service providers, 5025 housing counselors or others at any time during this mortgage process. If you fail or refuse to 5026 seek housing counseling, the entity may choose not to proceed. A list of housing counselors 234 of 276 5027 certified by the United States Department of Housing and Urban Development is enclosed with 5028 this notice or has otherwise been provided. 5029 In order to proceed with this transaction, you must sign, date and return this notice to us 5030 promptly, but in not less than 7 days after your receipt of this notice. 5031 By signing this notice, you are not bound to proceed to enter into a shared appreciation 5032 mortgage and promissory note. The entity has no obligation to proceed to assist you with 5033 acquiring or reacquiring a residential property or otherwise proceed to negotiate a shared 5034 appreciation mortgage and promissory note. No shared appreciation mortgage or promissory note 5035 shall be binding on you or the entity until a final shared appreciation mortgage and note are 5036 signed and dated by both you and the entity. 5037 Your shared appreciation mortgage and promissory note shall become due and payable 5038 upon the sale, conveyance, assignment or other transfer of your residential property, upon 5039 refinancing of the new first priority mortgage loan encumbering such residential property, or 5040 other payoff or satisfaction of such new first priority mortgage loan, or upon the occurrence of 5041 other events specified in the shared appreciation mortgage or shared appreciation promissory 5042 note, including reaching a defined maturity date. 5043 (5) The attorney general may promulgate rules and regulations to implement this 5044 subsection. 5045 SECTION 257. Section 13 of chapter 250 of the General Laws, as so appearing, is hereby 5046 amended by striking out, in line 3, the figure “18” and inserting in place thereof the following 5047 words:- criminal majority. 235 of 276 5048 SECTION 258. Section 2 of chapter 258E of the General Laws, as so appearing, is 5049 hereby amended by striking out, in line 7, the figure “18” and inserting in place thereof the 5050 following words:- criminal majority. 5051 SECTION 259. Section 15A of chapter 265 of the General Laws, as so appearing, is 5052 hereby amended by striking out, in line 24, the words “18 years of age or over” and inserting in 5053 place thereof the following words:- who has attained the age of criminal majority. 5054 SECTION 260. Said section 15A of said chapter 265, as so appearing, is hereby further 5055 amended by striking out, in line 46, the words “is 18 years of age or older” and inserting in place 5056 thereof the following words:- has attained the age of criminal responsibility. 5057 SECTION 261. Section 15B of said chapter 265, as so appearing, is hereby amended by 5058 striking out, in line 24, the words “18 years of age or over” and inserting in place thereof the 5059 following words:- who has attained the age of criminal majority. 5060 SECTION 262. Section 18 of said chapter 265, as so appearing, is hereby amended by 5061 striking out, in lines 26 and 27, the words “18 years of age or over” and inserting in place thereof 5062 the following words:- who has attained the age of criminal majority. 5063 SECTION 263. Section 18B of said chapter 265, as so appearing, is hereby amended by 5064 striking out, in lines 43 and 44, the words “18 years of age or over” and inserting in place thereof 5065 the following words:- who has attained the age of criminal majority. 5066 SECTION 264. Section 19 of said chapter 265, as so appearing, is hereby amended by 5067 striking out, in lines 23 and 24, the words “18 years of age or over” and inserting in place thereof 5068 the following words:- who has attained the age of criminal majority. 236 of 276 5069 SECTION 265. Section 43 of said chapter 265, as so appearing, is hereby amended by 5070 striking out, in lines 56 and 89, the words “18 years of age or over”, each time they appear, and 5071 inserting in place thereof, in each instance, the following words:- who has attained the age of 5072 criminal majority. 5073 SECTION 266. Section 59 of said chapter 265, as so appearing, is hereby amended by 5074 striking out the figure “18” and inserting in place thereof the following words:- criminal 5075 majority. 5076 SECTION 267. Section 10 of chapter 269 of the General Laws, as so appearing, is hereby 5077 amended by striking out, in line 53 and 223, the words “18 years of age or older”, each time they 5078 appear, and inserting in place thereof, in both instances, the following words:- who has attained 5079 the age of criminal majority. 5080 SECTION 268. Said section 10 of said chapter 269, as so appearing, is hereby further 5081 amended by striking out, in line 55, the figure “18” and inserting in place thereof the words:- the 5082 age of criminal majority. 5083 SECTION 269. Section 10E of said chapter 269, as so appearing, is hereby amended by 5084 striking out, in lines 40 and 41, the words “, 18 years of age or over,” and inserting in place 5085 thereof the following words:- who has attained the age of criminal majority. 5086 SECTION 270. Said section 10E of said chapter 269, as so appearing, is hereby further 5087 amended by striking out, in line 42, the figure “18” and inserting in place thereof the words:- the 5088 age of criminal majority. 237 of 276 5089 SECTION 271. Section 10F of said chapter 269, as so appearing, is hereby amended by 5090 striking out, in lines 4 and 28, the words “18 years of age or over”, each time they appear, and 5091 inserting in place thereof, in each instance, the following words:- who has attained the age of 5092 criminal majority. 5093 SECTION 272. Said section 10F of said chapter 269, as so appearing, is hereby further 5094 amended by striking out, in line 32, the figure “18” and inserting in place thereof the following 5095 words:- criminal majority. 5096 SECTION 273. Said section 10F of said chapter 269, as so appearing, is hereby further 5097 amended by striking out, in lines 50 and 51, the words “17 years of age or over” and inserting in 5098 place thereof the following words:- who has attained the age of criminal majority. 5099 SECTION 274. Section 10G of said chapter 269, as so appearing, is hereby amended by 5100 striking out, in lines 34 and 35, the words “18 years of age or over” and inserting in place thereof 5101 the following words:- who has attained the age of criminal majority. 5102 SECTION 275. Section 87 of chapter 276 of the General Laws, as so appearing, is hereby 5103 amended by striking out, in line 7, the figure “18” and inserting in place thereof the following 5104 words:- criminal majority. 5105 SECTION 276. Said section 87 of said chapter 276, as so appearing, is hereby further 5106 amended by striking out, in lines 14 and 15, the words “was eighteen years of age or older” and 5107 inserting in place thereof the following words:- had attained the age of criminal majority. 238 of 276 5108 SECTION 277. Section 89A of said chapter 276, as so appearing, is hereby amended by 5109 striking out, in line 3, the figure “18” and inserting in place thereof the following words:- 5110 criminal majority. 5111 SECTION 278. Section 89B of said chapter 276, as so appearing, is hereby amended by 5112 striking out, in line 3, the words “are 18 to 24” and inserting in place thereof the following 5113 words:- attained the age of criminal majority and are under 25. 5114 SECTION 279. Section 100D of said chapter 276, as so appearing, is hereby amended by 5115 striking out, in line 8, the figure “17” and inserting in place thereof the following words:- 5116 criminal majority. 5117 SECTION 280. Section 6B of chapter 280 of the General Laws, as so appearing, is 5118 hereby amended by striking out, in line 3, the words “18 years” and inserting in place thereof the 5119 following words:- criminal majority. 5120 SECTION 281. The ninth paragraph of section 10 of chapter 498 of the acts of 1993, as 5121 amended by section 142 of chapter 268 of the acts of 2022, is hereby further amended by striking 5122 out the last sentence. 5123 SECTION 282. Said section 10 of said chapter 498, as so amended, is hereby further 5124 amended by adding the following paragraph:- 5125 Notwithstanding the Reuse Plan and associated zoning by-laws under this section or any 5126 other general or special law to the contrary, there shall be: (i) no square foot limit or cap on the 5127 amount of commercial or industrial development that may occur within Devens; and (ii) no limit 5128 or cap on the number of residential units that may be developed within Devens. Nothing in this 239 of 276 5129 section shall modify any other provisions of the by-laws regulating the development of housing 5130 within Devens or requiring the issuance of development permits by the Devens Enterprise 5131 Commission for specific projects. 5132 SECTION 283. Item 7066-8110 of section 2 of chapter 113 of the acts of 2018 is hereby 5133 amended by striking out the words “for heating, ventilation and air conditioning systems at the 5134 University of Massachusetts at Dartmouth” and inserting in place thereof the following words:- 5135 for capital improvements for the premises located at 182 Union street in the city of New 5136 Bedford. 5137 SECTION 284. Item 7002-8036 of section 2 of chapter 358 of the acts of 2020 is hereby 5138 amended by striking out the words “the University of Massachusetts at Dartmouth Star Store 5139 college of visual and performing arts campus” and inserting in place thereof the following 5140 words:- the Star Store located at 182 Union street. 5141 SECTION 285. Section 148 of chapter 24 of the acts of 2021 is hereby amended by 5142 striking out the figure "2025" and inserting in place thereof the following figure:- 2030. 5143 SECTION 286. Section 73 of chapter 2 of the acts of 2023 is hereby amended by striking 5144 out the words "August 1, 2024", each time they appear, and inserting in place thereof, in each 5145 instance, the following words:- "December 31, 2024". 5146 SECTION 287. Not later than 30 days after the effective date of this act, the secretary of 5147 economic development and the secretary of housing and livable communities shall convene a 5148 working group that shall include representatives from the towns of Ayer, Harvard and Shirley, 5149 the Massachusetts Development Finance Agency and the Devens Enterprise Commission to 5150 determine a strategy and plan to provide for increased housing production within Devens, 240 of 276 5151 including, but not limited to, the feasibility of allowing not more than 400 multi-family 5152 residential units in the Innovation and Technology Center zoning district established by Article 5153 V(A)(13) of the zoning by-laws of the Devens Regional Enterprise Zone. The secretary of 5154 economic development and the secretary of housing and livable communities shall report the 5155 findings of the working group within 180 days after the effective date of this act. 5156 SECTION 288. (a) There shall be established within the executive office of economic 5157 development a 5-year pilot surety bond assistance program to encourage the participation of 5158 economically and socially disadvantaged businesses in bidding for and securing contracts for 5159 capital projects. The program may include, but shall not be limited to, providing: (i) technical 5160 assistance to eligible contractors to secure surety bonds; and (ii) financial assistance to guarantee 5161 surety bonds required on behalf of the commonwealth or on behalf of a county, city, town, 5162 district, other political subdivision of the commonwealth or other public instrumentality for the 5163 construction, reconstruction, alteration, remodeling, repair or demolition of public buildings or 5164 other public works. 5165 (b) The executive office shall promulgate regulations or guidelines to establish eligibility 5166 requirements and other program terms; provided, however that such eligibility requirements shall 5167 seek to direct the financial assistance provided by the program to ensure fair participation of 5168 businesses owned by persons from socially and economically disadvantaged groups for whom 5169 access to capital facility projects and state-assisted building projects has been historically 5170 limited. The executive office may administer the program through contracts with the 5171 Massachusetts Development Finance Agency or the Massachusetts Growth Capital Corporation. 241 of 276 5172 (c) Not later than December 31 of each year of the pilot program, the executive office 5173 shall provide a public report on its website detailing the activities of the program, including, but 5174 not limited to, an analysis of the provision of technical and financial assistance services and its 5175 impact on increasing access and participation in capital projects for historically disadvantaged 5176 groups. 5177 (d) Implementation of this section shall be subject to the United States Treasury’s 5178 approval of the use of federal funding for the purposes described herein. 5179 SECTION 289. (a) For purposes of this section, the following words shall have the 5180 following meanings unless the context clearly requires otherwise: 5181 “Approval”, except as otherwise provided in subsection (b), a permit, certificate, order, 5182 excluding enforcement orders, license, certification, determination, exemption, variance, waiver, 5183 building permit or other approval or determination of rights from a municipal, regional or state 5184 governmental entity, including any agency, department, commission or other instrumentality 5185 thereof, concerning the use or development of real property, including certificates, licenses, 5186 certifications, determinations, exemptions, variances, waivers, building permits or other 5187 approvals or determinations of rights issued or made under chapter 21 of the General Laws, 5188 chapter 21A of the General Laws, except section 16 of said chapter 21A, chapter 21D of the 5189 General Laws, sections 61 to 62L, inclusive, of chapter 30 of the General Laws, chapter 30A of 5190 the General Laws, chapters 40 to 40C, inclusive, of the General Laws, chapter 40R of the 5191 General Laws, chapter 40Y of the General Laws, chapter 41 of the General Laws, chapter 43D of 5192 the General Laws, section 21 of chapter 81 of the General Laws, chapter 91 of the General Laws, 5193 chapter 131 of the General Laws, chapter 131A of the General Laws, chapter 143 of the General 242 of 276 5194 Laws, sections 4 and 5 of chapter 249 of the General Laws, chapter 258 of the General Laws, 5195 chapter 665 of the acts of 1956 or any local by-law or ordinance. 5196 “Development”, a division of a parcel of land into 2 or more parcels, the construction, 5197 reconstruction, conversion, structural alteration, relocation or enlargement of a building or other 5198 structure or facility, any grading, soil removal or relocation, excavation or landfill, any use or 5199 change in the use of any building or other structure or land or the extension of the use of land. 5200 “Tolling period”, January 1, 2023 to January 1, 2025, inclusive. 5201 (b)(1) Notwithstanding any general or special law to the contrary, an approval in effect or 5202 existence during the tolling period shall be extended for a period of 2 years in addition to the 5203 lawful term of the approval. 5204 (2) Nothing in this section shall extend or purport to extend: (i) a permit or approval 5205 issued by the United States government or an agency or instrumentality thereof or a permit or 5206 approval of which the duration of effect or the date or terms of its expiration are specified or 5207 determined under a law or regulation of the United States government or an agency or 5208 instrumentality thereof; (ii) a permit, license, privilege or approval issued by the division of 5209 fisheries and wildlife under chapter 131 of the General Laws; (iii) an approval, determination, 5210 exemption, certification, statement of qualification or any other administrative action by the 5211 department of energy resources under 225 CMR 20.00, subsection (c) of section 17 of chapter 5212 25A of the General Laws or corresponding regulations under 225 CMR 21.00; (iv) any 5213 agreement entered into by the Massachusetts Department of Transportation or the Massachusetts 5214 Bay Transportation Authority or any permit, license or approval issued by the department or the 5215 authority relating to the sale, acquisition, lease or development of real property owned, in whole 243 of 276 5216 or in part, by the department or the authority or the sale, acquisition, lease or development of any 5217 interest therein related to such real property pursuant to chapter 6C of the General Laws or 5218 chapter 161A of the General Laws; (v) any approval from or issued by the department of 5219 environmental protection; (vi) any approval issued pursuant to section 40A of said chapter 131 or 5220 corresponding regulations under 310 CMR 10.00; (vii) any approval issued pursuant to section 5221 13 of chapter 21A of the General Laws or corresponding regulations under 310 CMR 15.000; or 5222 (viii) any enforcement order, consent decree or settlement agreement. 5223 (3) Nothing in this section shall affect the ability of a municipal, regional or state 5224 governmental entity, including an agency, department, commission or other instrumentality 5225 thereof, to revoke or modify a specific permit or approval, or extension of a specific permit or 5226 approval under this section, when such specific permit or approval or the law or regulation under 5227 which such permit or approval was issued contains language authorizing the modification or 5228 revocation of the permit or approval. 5229 (4) If an approval tolled under this section is based upon the connection to a sanitary 5230 sewer system, the approval's extension shall be contingent upon the availability of sufficient 5231 capacity, on the part of the treatment facility, to accommodate the development for which 5232 approval has been extended. If sufficient capacity is not available, those permit holders whose 5233 approvals have been extended shall have priority with regard to the further allocation of 5234 gallonage over those permit holders who have not received approval of a hookup prior to the 5235 effective date of this section. Priority regarding the distribution of further gallonage to a permit 5236 holder who has received the extension of an approval under this section shall be allocated in the 5237 order granting the original approval of the connection. 244 of 276 5238 (5) If an owner or petitioner sells or otherwise transfers a property or project in order for 5239 an approval to receive an extension, all commitments made by the original owner or petitioner 5240 under the terms of the permit shall be assigned to and assumed by the new owner or petitioner. If 5241 the new owner or petitioner does not meet or abide by such commitments, the approval shall not 5242 be extended under this section. 5243 (6) Nothing in this section shall be construed or implemented in such a way as to modify 5244 a requirement of law that is necessary to retain federal delegation to or assumption by the 5245 commonwealth of the authority to implement a federal law or program. 5246 (7) Any project covered by approval in effect during the tolling period shall be governed 5247 by any applicable local ordinance or by-law, if any, in effect at the time of the granting of the 5248 approval unless the owner or petitioner of the project elects to waive this section. 5249 SECTION 290. The commissioner of the department of agriculture shall conduct a study 5250 on the presence of substances including, but not limited to, mercury, parabens, estrogenic 5251 chemicals from placenta, benzophenone, diethanolamine, nonylphenol, phthalates and talc 5252 powder and other chemicals known to be endocrine disruptors in cosmetic products and the 5253 potential negative effects of such substance-containing cosmetic products on minors. The study 5254 shall include, but not be limited to: (i) the effects of such substance-containing products on the 5255 health of persons under the age of 18; (ii) the effect of advertisements, whether oral, written, 5256 graphic or pictorial, that encourage minors to purchase cosmetic products containing such 5257 substances; (iii) the use of images, voices or depictions of persons under the age of 18 for the 5258 purpose of promoting the sale of such substance-containing cosmetic products including, but not 5259 limited to, hair relaxers and skin bleaching products, including an analysis of the use of images 245 of 276 5260 of minors delineated by age, race and sex; (iv) a list of cosmetic products that use child like 5261 images or children to market such substance-containing cosmetic products; and (v) a geographic 5262 analysis of the areas in the commonwealth where such substance-containing cosmetic products 5263 are sold. 5264 The commissioner shall submit a report of its findings and recommendations to the joint 5265 committee on public health, the joint committee on racial equity, civil rights and inclusion and 5266 the senate and house committees on ways and means not later than May 1, 2025. 5267 SECTION 291. (a) There shall be a special legislative commission to study and develop 5268 recommendations for supporting investments, policies and practices designed to promote equity 5269 in agriculture for socially disadvantaged groups in the commonwealth that have been historically 5270 excluded or have had less access to resources and opportunities in agriculture. 5271 (b) The commission shall consist of: the commissioner of agricultural resources or a 5272 designee, who shall serve as chair; the chairs of the joint committee on agriculture; 1 member 5273 appointed by the Massachusetts Black and Latino Legislative Caucus; 1 member appointed by 5274 the Massachusetts House Asian Caucus; 2 members appointed by the Massachusetts food system 5275 caucus; 2 members appointed by the commissioner of agricultural resources who shall represent 5276 buy local groups funded by the department of agricultural resources; 2 members appointed by the 5277 Massachusetts Food System Collaborative; 1 member appointed by the commission on the status 5278 of African Americans; 2 members appointed by nonprofit organizations with the primary 5279 purpose of working with farmers from socially disadvantaged groups; 1 member appointed by 5280 the commission on the status of Latinos and Latinas; 1 member appointed by the commission on 5281 the status of Asian Americans and Pacific Islanders; 1 member appointed by the commission on 246 of 276 5282 Indian affairs; 1 member appointed by Massachusetts Farm Bureau Federation, Incorporated; 1 5283 member appointed by the Mass Farmers Markets; and 1 member appointed by the Center for 5284 Agriculture, Food, and the Environment at the University of Massachusetts at Amherst. 5285 Members appointed to the commission shall, to the extent possible, represent a diversity of 5286 knowledge of urban and rural agricultural practices and experiences and be knowledgeable in 5287 agriculture. 5288 (c) The commission shall investigate and study methods to promote equity in agriculture 5289 in the commonwealth and shall prepare a report including, but not limited to, recommendations 5290 related to: (i) data collection and dissemination; (ii) benchmark development and targeting areas 5291 of need; (iii) equitable access to grant programs and distribution of funds; (iv) increasing equity 5292 in the legislative, regulatory and sub-regulatory processes to support agriculture in the 5293 commonwealth; (v) improving equity in programs and services offered by the department of 5294 agricultural resources including, but not limited to, programs regarding land access and 5295 protection, farmer technical assistance and education, marketing and other existing programs 5296 identified by the commission; and (vi) the implementation and monitoring of equity goals in 5297 agriculture in the commonwealth established by the commission. The department of agricultural 5298 resources shall furnish reasonable staff and other support for the work of the commission. 5299 (d) The commission shall hold not less than 3 public hearings in geographically diverse 5300 regions of the commonwealth; provided, however, that not less than 1 public hearing shall be 5301 held in a rural area and not less than 1 public hearing shall be held in an urban area with potential 5302 for increased urban agriculture. 247 of 276 5303 (e) Not later than December 31, 2027, the commission shall file a report and any 5304 recommendations, including any legislation necessary to carry out the recommendations, with 5305 the clerks of the senate and the house of representatives, the senate and house committees on 5306 ways and means and the joint committee on agriculture. The report shall be made publicly 5307 available on the website of the department of agricultural resources. 5308 SECTION 292. There shall be a commission to study and make recommendations 5309 relative to the redomestication of the production of pharmaceutical products, for the purpose of 5310 encouraging, supporting, and incentivizing the production within the commonwealth of 5311 pharmaceutical products that are currently produced outside of the United States. The 5312 commission shall consist of the following members, including: the secretary of economic 5313 development or a designee, who shall serve as chair, the secretary of health and human services 5314 or a designee, 2 members appointed by the speaker of the house of representatives, 1 member 5315 appointed by the minority leader of the house of representatives, 2 members appointed by the 5316 senate president, 1 member appointed by the minority leader of the senate, 1 member appointed 5317 by the attorney general, whom shall have expertise in the law of intellectual property, and 12 5318 members appointed by the governor, 2 of whom shall represent current manufacturers of 5319 pharmaceuticals in the commonwealth, 2 of whom shall represent businesses engaged in 5320 pharmaceutical research and development in the commonwealth, 1 of whom shall have expertise 5321 in manufacturing and materials logistics, 2 of whom shall represent institutions of higher 5322 learning in life sciences or business programs in the commonwealth, 1 of whom shall be an 5323 economist with expertise in the life sciences, 1 of whom shall represent organized labor, 1 of 5324 whom shall represent a patient advocacy organization, and 2 of whom shall represent consumers. 248 of 276 5325 The commission shall: (i) meet not less than quarterly; (ii) conduct not less than 1 public 5326 hearing annually, which shall be accessible for remote electronic participation; and (iii) consult 5327 regularly with current and prospective manufacturers of pharmaceutical products in the 5328 commonwealth, provided, however, that the commission shall consider current barriers to 5329 pharmaceutical production in the commonwealth and the United States, incentives to encourage 5330 the relocation of pharmaceutical production to the commonwealth and the costs and benefits to 5331 the commonwealth of such relocation. 5332 Annually, not later than July 1, prior to the issuance of a final report pursuant to this 5333 section, the commission shall file a report, together with any legislative and regulatory 5334 recommendations, with the secretary of economic development, the secretary of health and 5335 human services, the joint committee on economic development and emerging technologies, the 5336 joint committee on health care financing and the clerks of the senate and house of 5337 representatives. 5338 The commission shall file its final report on July 1, 2029. 5339 SECTION 293. (a) There shall be a special working group on youth sports to conduct an 5340 investigation and study of the current state of youth sports. The working group shall study and 5341 make recommendations relative to the regulation of youth sports, including, but not limited to: (i) 5342 maximum participation hours per youth sport in a defined period of time; (ii) licensing of 5343 businesses and coaches, including licensing fees and the conditions under which any such 5344 licensing fee may be waived to promote access to participation; and (iii) standards for player 5345 safety, including concussion protocols and athletic trainer requirements. The working group shall 5346 conduct not less than 3 public hearings. 249 of 276 5347 (b) The working group shall consist of: the chair of the Massachusetts state athletic 5348 commission, who shall serve as chair of the working group; 2 members appointed by the 5349 president of the senate; 2 members appointed by the speaker of the house of representatives; 1 5350 member appointed by the minority leader of the senate; 1 member appointed by the minority 5351 leader of the house of representatives; and 7 members appointed by the governor who shall have 5352 experience and expertise in youth sports. Members of the working group shall not be 5353 compensated for their service. 5354 (c) The working group shall report to the general court and the Massachusetts state 5355 athletic commission the results of its investigation and study and its recommendations, if any, 5356 together with drafts of regulations to be promulgated by the commission and legislation 5357 necessary to carry its recommendations into effect, by filing the same with the commission, the 5358 clerks of the senate and house of representatives, the joint committee on economic development 5359 and emerging technologies and the joint committee on health care financing not later than 120 5360 days after the third public hearing conducted by the working group. 5361 SECTION 294. (a) The department of elementary and secondary education shall, in 5362 consultation with relevant stakeholders and with the solicitation of public comment for a period 5363 of not less than 90 days, implement a 5-year pilot program to develop additional pathways for 5364 granting educator certification. 5365 (b) The additional pathways may allow for waiver of not more than 1 of the testing 5366 requirements pursuant to section 38G of chapter 71 of the General Laws, per candidate, and may 5367 include consideration of factors including, but not limited to, whether a candidate has: (i) 5368 completed field-based experience of not less than 2 years in the role and at the level of the 250 of 276 5369 license sought; (ii) obtained certification in another state or territory in the United States, the 5370 District of Columbia, or the Commonwealth of Puerto Rico, as approved by the department; (iii) 5371 completed a satisfactory portfolio of items as determined by the department; (iv) obtained a 5372 master’s degree or doctorate from an accredited institution, provided that the advanced degree 5373 relates to the content area for which the individual is seeking certification, as determined by the 5374 department; or (v) completed a department-approved educator preparation program for the role 5375 and at the level of the license sought. This process shall give consideration to necessary 5376 accommodations for a person with a disability as defined in 42 U.S.C. §12102 and comply with 5377 other applicable state and federal laws. 5378 (c) The department shall inform public school districts or charter schools which employ 5379 educators licensed through this pilot program of the supports and resources available for the 5380 educators to be effective, including, but not limited to, policies aligned with the guidelines 5381 established in section 38G ¾ of chapter 71 of the General Laws. 5382 (d) The department shall conduct a comprehensive evaluation of the pilot program and 5383 the use of the additional licensure pathways during the pilot period. The evaluation shall include: 5384 (i) a measurement of student impacts according to factors determined by the department; (ii) an 5385 assessment of progress made in diversifying the educator workforce, including data on the 5386 demographics of participants, hiring rates and demographics of the districts and schools where 5387 candidates were hired, aggregated evaluation ratings and retention rates; and (iii) an assessment 5388 of the impacts on candidates of diverse backgrounds. 251 of 276 5389 (e) The department shall file a report including the evaluation of the pilot program with 5390 the clerks of the house of representatives and the senate and the joint committee on education no 5391 later than 1 year after the conclusion of the pilot program. 5392 SECTION 295. (a) Notwithstanding any general or special law to the contrary, the 5393 department of elementary and secondary education shall study the feasibility of establishing a 5394 program which allows certain educator candidates to complete the testing requirements pursuant 5395 to section 38G of chapter 71 of the General Laws at no cost to candidates. Such program shall 5396 apply to candidates who are determined by the department to qualify for financial assistance, or 5397 have: (i) attempted to complete the testing requirements pursuant to said section 38G of said 5398 chapter 71; (ii) failed to meet the minimum score requirements established by the department; 5399 and (iii) earned a score or scores within 1 standard error of measurement of passing, as 5400 determined by the department. The study may include analysis of prior or existing voucher 5401 systems designed to pay for licensure test fees. 5402 (b) Not later than October 1, 2025, the department shall file a report, including any 5403 analysis or recommendations on the feasibility of the program with the clerks of the senate and 5404 the house of representatives and the joint committee on education. 5405 SECTION 296. (a) Notwithstanding any general or special law to the contrary, the 5406 department of elementary and secondary education shall conduct a study analyzing the potential 5407 bias and accessibility of assessments used by educator candidates to complete the testing 5408 requirements pursuant to section 38G of chapter 71 of the General Laws. 5409 (b) Not later than October 1, 2025, the department shall file a report with the clerks of the 5410 senate and the house of representatives and the joint committee on education on reducing 252 of 276 5411 potential bias and increasing accessibility of assessments used by educator candidates to 5412 complete the testing requirements pursuant to section 38G of chapter 71 of the General Laws, 5413 including any analysis or recommendations. The report shall include: (i) an analysis of potential 5414 racial, cultural, or linguistic biases of assessments used by educator candidates; (ii) data on 5415 candidates applying for accommodations and those receiving accommodations; (iii) data on the 5416 types of accommodations requests received and those granted; (iv) data on candidates retaking 5417 the assessment and any accommodations requested by such candidates; and (v) data on the 5418 passing rates for candidates who received accommodations and all candidates passing the 5419 assessment. 5420 SECTION 297. (a) Notwithstanding any general or special law to the contrary, the 5421 department shall conduct a study and report on potential initiatives to incentivize diverse and 5422 highly effective educators to work in high-needs schools and districts, including incentives to 5423 recruit new and diverse teachers to high-needs schools and policies or practices to retain diverse 5424 and effective teachers currently teaching in high-needs schools. For the purposes of this section, 5425 “high-needs schools or districts” shall mean a school or district with a high percentage of low- 5426 income students and English learners, which may include a school or district implementing a 5427 turnaround plan. 5428 (b) Not later than October 1, 2025, the department shall file a report with the clerks of the 5429 senate and house of representatives and the joint committee on education, including any analysis 5430 or recommendations. The report shall include, but not be limited to: (i) a survey of educator 5431 salaries and benefits across school districts and charter schools; (ii) an assessment of potential 5432 incentives to attract educators to high-needs school districts, including but not limited to the 5433 establishment of loan forgiveness, scholarship, and housing support programs and the status of 253 of 276 5434 such currently or previously existing state programs; (iii) the feasibility of financial incentives 5435 for achieving National Board certification; (iv) the feasibility of establishing a master educator 5436 corps program to be administered by the department and to incentivize educators that have 5437 achieved a certain level of mastery to transfer to high-needs school districts; (v) an assessment of 5438 a salary parity scale for educators that have switched to high-needs school districts; (vi) any 5439 other program, as determined by the department, to help meet the educator requirements of high- 5440 needs school districts; and (vii) an assessment of any additional actions necessary to achieve 5441 these objectives. 5442 SECTION 298. (a) Notwithstanding any general or special law to the contrary, the 5443 department of elementary and secondary education shall, subject to appropriation, develop and 5444 administer a pilot program for teacher apprenticeships. 5445 (b) The department shall file a report with the clerks of the senate and house of 5446 representatives and the joint committee on education not more than 1 year after the completion 5447 of the pilot on the outcome of the pilot program and recommendations for making the 5448 apprenticeship program permanent. 5449 SECTION 299. (a) Not later than October 1, 2025, the department of elementary and 5450 secondary education or any department or agency thereof designated by the executive office, 5451 shall establish a public information campaign, which shall be for a duration of not less than 1 5452 year, to educate and promote awareness to the public of available state scholarships and loan 5453 forgiveness programs for prospective educators. The campaign shall include, but not be limited 5454 to, information about the availability of and eligibility for such scholarships and loan forgiveness 5455 programs. The department of elementary and secondary education, or any department or agency 254 of 276 5456 thereof designated by the executive office, shall seek to ensure that the public information 5457 campaign reaches individuals applying to public institutions of higher education under section 5 5458 of chapter 15A of the General Laws and community colleges under section 10 of said chapter 5459 15A of the General Laws. 5460 (b) Not later than October 1, 2027, the department shall report to the joint committee on 5461 education on the impact of the public information campaign, including data on the numbers of 5462 applicants for available state scholarships and loan forgiveness programs and the awarding of 5463 such scholarships and loan forgiveness program participants. 5464 SECTION 300. The state athletic commission, in coordination with the special working 5465 group established in section 293, shall conduct a public education campaign regarding youth 5466 sports. The commission shall exercise its discretion with regard to distribution means and 5467 methods; provided, however, that said campaign shall be directed primarily toward parents, 5468 coaches, youth athletes and other members of the public. The campaign shall include, but not be 5469 limited to, the physical and mental health, personal financial and economic development impacts 5470 of youth sports. The commission shall consult with subject matter experts in the preparation of 5471 said campaign, including on the matters of single sport specialization, appropriate training and 5472 overtraining conscious of athlete age and the relationship between youth sports participation and 5473 higher education or career outcomes. 5474 SECTION 301. The Massachusetts clean energy technology center, in consultation with 5475 the executive office of economic development, shall set benchmarks for the climatetech tax 5476 incentive program established in section 16 of chapter 23J of the General Laws. After the 5477 program has been in effect for 5 years, the center, in consultation with the executive office of 255 of 276 5478 economic development, shall conduct an evaluation of the program by comparing climatetech 5479 advancements in the commonwealth against those benchmarks. The center shall review progress 5480 made towards the goals of developing and expanding climatetech industry-related employment 5481 opportunities and climatetech-related economic development by supporting and stimulating 5482 research, development, innovation, manufacturing, deployment and commercialization in the 5483 climatetech sector. The center shall submit a written report to the clerks of the senate and house 5484 of representatives, the house and senate committees on ways and means, the joint committee on 5485 economic development and emerging technologies, the joint committee on telecommunications, 5486 utilities and energy, the joint committee on environment and natural resources and the joint 5487 committee on agriculture not later than December 31, 2029. 5488 SECTION 302. (a) The department of public health shall conduct a study to evaluate the 5489 safety and feasibility of the sale of cottage foods in the commonwealth; provided, however, that 5490 for the purposes of this section, "cottage foods" shall mean foods produced in a home kitchen or 5491 similar setting and are sold directly to consumers. 5492 (b) The study shall: (i) assess the potential health risks associated with the production and 5493 sale of cottage foods: (ii) evaluate current regulations and standards in other states regarding 5494 cottage foods; (iii) analyze the economic impact on small-scale food producers and local 5495 communities; (iv) consider consumer demand and preferences for cottage foods; and (v) identify 5496 any necessary safeguards or regulatory measures to ensure public health and safety. The 5497 department may consult with representatives from local boards of health, small-scale food 5498 producers, consumer advocacy groups and food safety experts. 256 of 276 5499 (c) The department shall submit a report of its findings and recommendations to the joint 5500 committee on public health and the senate and house committees on ways and means not later 5501 than May 1, 2025. 5502 SECTION 303. (a) Upon the effective date of this act, all employees and officers of the 5503 Massachusetts Growth Capital Corporation shall be deemed employees and officers of the 5504 Massachusetts Development Finance Agency. For the purposes of this section, the Massachusetts 5505 Growth Capital Corporation shall be the transferor agency and the Massachusetts Development 5506 Finance Agency shall be the transferee agency. 5507 (c) All petitions, requests, investigations and other proceedings appropriately and duly 5508 brought before the transferor agency or duly begun by the transferor agency and pending before 5509 it before the effective date of this act shall continue unabated and remain in force but shall be 5510 assumed and completed by the transferee agency. 5511 (d) All orders, findings, rules and regulations duly made and all approvals duly granted 5512 by the transferor agency that are in force immediately before the effective date of this act shall 5513 continue in force until superseded, revised, rescinded or canceled by the transferee agency. 5514 (e) All books, papers, records, documents, equipment, buildings, facilities, cash and other 5515 property, both personal and real, including all such property held in trust, which immediately 5516 before the effective date of this act are in the custody of the transferor agency, shall be 5517 transferred to the transferee agency. All duly existing contracts, leases and obligations of the 5518 transferor agency shall continue in effect and shall be assumed by the transferee agency. 257 of 276 5519 (f) All powers, duties and obligations of the transferor agency pursuant to any general or 5520 special law shall remain in effect after the effective date of this act and shall become powers, 5521 duties and obligations of the transferee agency. 5522 (g) No existing right or remedy shall be lost, impaired or affected by this section. 5523 (h) All references in any general or special law to the Massachusetts Growth Capital 5524 Corporation or an officer or employee thereof shall refer to the Massachusetts Development 5525 Finance Agency or an officer or employee thereof. 5526 SECTION 304. Not later than 30 days after the effective date of this act, the governor 5527 shall appoint 5 new members of the board of directors of the Massachusetts Development 5528 Finance Agency, 1 of whom shall be experienced in community economic development and 5529 employed by a community development corporation or a representative of the Massachusetts 5530 Association of Community Development Corporations, 1 of whom shall be a representative of a 5531 community bank in the commonwealth, 1 of whom shall be a representative of an organization of 5532 small businesses or manufacturing companies in the commonwealth, 1 of whom shall be 5533 experienced in small business financing or restructuring and 1 of whom shall be a small business 5534 owner. 5535 SECTION 305. (a) Notwithstanding any general or special law to the contrary, a certain 5536 parcel of land located at 173 Alford street situated partly in the city of Everett and partly in the 5537 city of Boston shall be removed from and not be considered to be within the boundaries or a part 5538 of the Mystic River designated port area pursuant to 310 C.M.R. 25 and 310 C.M.R. 9 or any 5539 other applicable law, rule or regulation to convert the parcel into a professional soccer stadium 5540 and a waterfront park. The parcel consists of approximately 43.11 acres and is located on the 258 of 276 5541 southeasterly side of Alford street, on the southwesterly side of Dexter street and bounded 5542 southerly by the Mystic river and is more particularly described in a deed recorded in the land 5543 court department of the Middlesex southern district registry of deeds as document number 5544 1554521 and recorded in the Middlesex southern district registry of deeds in book 56211, page 5545 350 and also recorded in the land court department in the Suffolk county registry of deeds as 5546 document number 786425 and recorded in the Suffolk county registry of deeds in book 47428, 5547 page 145. Site redevelopment on the parcel shall be subject to licensing in accordance with 310 5548 C.M.R. 9 as a nonwater-dependent use. 5549 (b) If the professional soccer stadium and waterfront park fail to be permitted and 5550 constructed within a reasonable time after the effective date of this act, as determined by the 5551 secretary of energy and environmental affairs, subsection (a) shall be void and the port area 5552 designation and corresponding use restrictions under 310 C.M.R. 25 and 310 C.M.R. 9 shall be 5553 restored to the parcel; provided, however, that such determination of a reasonable time period 5554 shall not be made earlier than 5 years after the effective date of this act. 5555 Nothing in this section shall exempt or alter the site’s obligations under chapter 91 of the 5556 General Laws or 310 C.M.R. 9 beyond designated port area-related use restrictions. 5557 (c) The department of environmental protection, in consultation with the office of coastal 5558 zone management, shall: (i) complete a review of existing designated port area criteria and use 5559 restrictions; and (ii) update relevant regulations based on the results of the review; provided, 5560 however, that updates to regulations shall include, but not be limited to: (A) the protection of 5561 traditional maritime industrial activities; (B) the addition of allowable uses consistent with future 5562 maritime industrial uses and clean energy activities; (C) the reevaluation of compatible uses 259 of 276 5563 within designated port areas; (D) a requirement, to the extent feasible, that all traditional and new 5564 allowed uses be resilient to coastal flood damage; (E) examining the feasibility of creating 5565 working port easements to purchase development rights from landowners in designated port 5566 areas; (F) opportunities to create grants and revolving loan funds to update port infrastructure, 5567 including conversion from 1 designated port area use to another designated port area use; (G) 5568 consideration of coastal flood resilience for inland neighborhoods; and (H) an assessment of new 5569 and adjacent areas that could be added to designated port areas to reduce net loss of acreage. 5570 (d) Except for any boundary adjustments provided for in subsection (a), there shall be no 5571 boundary adjustments to designated port areas until the review required in subsection (c) is 5572 completed; provided, however, that the department and the office shall complete the review not 5573 later than January 1, 2025; and provided further, that the department and the office may continue 5574 to conduct boundary reviews. 5575 (e) The commonwealth, having previously transferred control to and taken on the behalf 5576 of the city of Boston a certain parcel of land situated in the city of Boston, being a part of a state 5577 highway location, layout no. 5242, dated September 11, 1962, and shown as Parcel No. 8 in an 5578 order of taking recorded with layout no. 5242 in the Suffolk county registry of deeds in book 5579 7681, page 307, as shown on the plan filed therewith, and also shown as parcel 0201831001 on 5580 the city of Boston assessors’ maps, shall transfer, remise and release to the city of Boston any 5581 interest the commonwealth may have in such parcel. 5582 SECTION 306. The initial regulations required to be promulgated by the executive office 5583 of energy and environmental affairs or its designated agency under section 29 of chapter 21A of 5584 the General Laws and the initial regulations required to be promulgated by the division of 260 of 276 5585 standards under section 59 of chapter 98 of the General Laws shall be promulgated not later than 5586 February 1, 2026 and shall apply to chargers installed on or after June 1, 2026. 5587 SECTION 307. Notwithstanding any general or special law to the contrary, the secretary 5588 of administration and finance, following a public hearing, shall increase the fee for obtaining or 5589 renewing a license, certificate, registration, permit or authority issued by a board within the 5590 department of public health, excluding the board of registration in medicine, as necessary to 5591 implement the provisions of chapter 112A of the General Laws. The amount of the increase in 5592 fees shall be deposited in the Quality in Health Professions Trust Fund established in section 5593 35X of chapter 10. 5594 SECTION 308. Not later than 1 year after the effective date of this act, the department of 5595 youth services shall file a report with the clerks of the senate and house of representatives and 5596 the senate and house committees on ways and means detailing the impact of integrating 18-year- 5597 olds into the care and custody of the department of youth services; including, but not limited to: 5598 (i) the number of 18-year-olds in department of youth services custody and (ii) the offenses 5599 committed. 5600 SECTION 309. (a) As used in this section, the following words shall have the following 5601 meanings unless the context clearly requires otherwise:- 5602 “Candidate”, shall have the same meanings as in section 1 of chapter 55. 5603 “Materially deceptive audio or visual media”, an image or audio or video recording 5604 concerning the safety or regular operations of an election or candidate’s appearance, speech or 5605 conduct that has been fabricated or intentionally manipulated in a manner such that the image or 5606 audio or video recording would: (i) falsely appear to a reasonable person to be authentic; and (ii) 261 of 276 5607 would cause a reasonable person to have a fundamentally different understanding or impression 5608 of the expressive content of such image or audio or video recording than that person would have 5609 if the person were hearing or seeing an unaltered, original image or audio or video recording. 5610 “Person”, an individual, corporation, political committee, association, operation, firm, 5611 partnership, trust or other form of business or personal association. 5612 “Political party”, shall have the same meaning as in section 1 of chapter 50 of the General 5613 Laws. 5614 (b) Except as provided in subsection (c), a person, candidate, campaign committee, 5615 political action committee, political issues committee, political party or other entity shall not, 5616 within 90 days of an election at which a candidate for elective office will appear on the ballot, 5617 distribute with actual malice materially deceptive audio or visual media: (i) depicting the 5618 candidate with the intent to injure the candidate’s reputation or deceive a voter into voting for or 5619 against the candidate; or (ii) concerning the safety or regular operations of an election intended 5620 to disrupt the integrity of the electoral process. 5621 (c)(1) Subsection (b) shall not apply if the audio or visual media includes a disclosure 5622 stating: “This _____ has been manipulated.” 5623 (2) The blank in the disclosure required by paragraph (1) shall be filled with the 5624 following terms that most accurately describe the media: (i) image; (ii) video; or (iii) audio. 5625 (3)(i) For visual media, the text of the disclosure shall appear in a size that is easily 5626 readable by the average viewer and no smaller than the largest font size of other text appearing in 5627 the visual media; provided, however, that if the visual media does not include any other text, the 262 of 276 5628 disclosure shall appear in a size that is easily readable by the average viewer. For visual media 5629 that is video, the disclosure shall appear for the duration of the video. 5630 (ii) If the media consists of audio only, the disclosure shall be read in a clearly spoken 5631 manner and in a pitch that can be easily heard by the average listener, at the beginning of the 5632 audio, at the end of the audio and, if the audio is greater than 2 minutes in length, interspersed 5633 within the audio at intervals of not greater than 2 minutes each. 5634 (d)(1) A candidate for elective office whose voice or likeness appears in a materially 5635 deceptive audio or visual media distributed in violation of this section or the attorney general 5636 may seek injunctive or other equitable relief prohibiting the distribution of such audio or visual 5637 media. 5638 (2) A candidate for elective office whose voice or likeness appears in a materially 5639 deceptive audio or visual media distributed in violation of this section may bring an action for 5640 general or special damages against a person, candidate, campaign committee, political action 5641 committee, political issues committee, political party or other entity that distributed the 5642 materially deceptive audio or visual media. A court may also award a prevailing party reasonable 5643 attorney’s fees and costs. This subsection shall not limit or preclude a plaintiff from securing or 5644 recovering any other available legal remedy. 5645 (3) In any civil action alleging a violation of this section, the plaintiff shall bear the 5646 burden of establishing the violation through clear and convincing evidence. 5647 (e)(1) This section shall not alter or negate any rights, obligations or immunities of an 5648 interactive service provider under 47 U.S.C. section 230. 263 of 276 5649 (2) This section shall not apply to a radio or television broadcasting station, including a 5650 cable or satellite television operator, programmer, producer or mobile application or streaming 5651 service that broadcasts materially deceptive audio or visual media prohibited by this section as 5652 part of a bona fide newscast, news interview, news documentary or on-the-spot coverage of bona 5653 fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a 5654 manner that can be easily heard or read by the average listener or viewer, that there are questions 5655 about the authenticity of the materially deceptive audio or visual media. 5656 (3) This section shall not apply to a radio or television broadcasting station, including a 5657 cable or satellite television operator, programmer, producer or mobile application or streaming 5658 service when it is paid to broadcast materially deceptive audio or visual media. 5659 (4) This section shall not apply to an internet website or a regularly published newspaper, 5660 magazine or other periodical of general circulation, including an internet or electronic 5661 publication, that routinely carries news and commentary of general interest, and that publishes 5662 materially deceptive audio or visual media prohibited by this section, if the publication clearly 5663 states that the materially deceptive audio or visual media does not accurately represent the 5664 speech or conduct of the candidate. 5665 (5) This section shall not apply to materially deceptive audio or visual media that 5666 constitutes satire or parody. 5667 SECTION 310. (a) Notwithstanding section 39M of chapter 30 of the General Laws, 5668 chapter 149 of the General Laws or chapter 149A of the General Laws, a public agency or 5669 municipality may require a project labor agreement on contracts for public works construction 5670 and may require the project labor agreement to be incorporated into the contract specifications; 264 of 276 5671 provided, however, that prior to including a project labor agreement requirement and prior to 5672 issuing a request for proposals or bids, the public agency or municipality shall make a 5673 determination that the project labor agreement on a specific project is in the best interest of the 5674 commonwealth, public agency or municipality. 5675 (b) In making a determination of the best interest of the commonwealth, public agency or 5676 municipality pursuant to subsection (a), the agency or municipality shall consider the effects a 5677 project labor agreement may have on: (i) construction efficiency, cost and direct and indirect 5678 economic benefits to the public agency or municipality; (ii) the availability of a sufficient supply 5679 of skilled, qualified workers to complete the project; (iii) the timing of, and the prevention of 5680 delays or disruptions to, the construction process; (iv) the safety and quality of the public 5681 construction project; (v) the expansion of apprenticeship programs and workforce development 5682 in the construction industry; and (vi) the promotion of employment and training opportunities for 5683 women, minority workers and veterans. 5684 (c) The department of labor standards shall promulgate regulations to increase diversity 5685 of contractors in project labor agreements, including, but not limited to: (i) incentivizing a certain 5686 percentage of contracts with minority-owned businesses; and (ii) demographics of the workforce 5687 reflecting the demographics, to the extent possible, where a project is located. 5688 SECTION 311. There shall be a special commission to study and recommend ways to 5689 regulate micro-mobility vehicles. The study shall include, but not be limited to: (i) a review of 5690 current state and local laws and regulations for micro-mobility vehicles; (ii) recommendations to 5691 regulate micro mobility vehicles, including on bike paths, sidewalks and shared use paths; and 265 of 276 5692 (iii) recommendations to support the expansion of micro-mobility vehicle use and innovation 5693 including shared micro-mobility options for municipalities. 5694 The commission shall consist of: the secretary of transportation or a designee, who shall 5695 serve as chair; 1 person to be appointed by the senate president; 1 person to be appointed by the 5696 speaker of the house of representatives; 1 person to be a representative of Consulting Planners of 5697 Massachusetts; 2 persons to be representatives of Massachusetts Municipal Association, Inc., 1 5698 of whom shall represent a town and 1 of whom shall represent a city; the commissioner of 5699 conservation and recreation or a designee; 3 persons to be appointed by the secretary of 5700 transportation, 1 of whom shall have experience in and knowledge of the electric bicycle sector, 5701 1 of whom shall have experience in and knowledge of the electric scooter industry and 1 of 5702 whom shall have mobility business experience; 1 person to be a representative of 5703 WalkMassachusetts; 1 person to be a representative of MassBike; the secretary of public safety 5704 and security or a designee; 1 person to be a representative of Massachusetts Major City Chiefs of 5705 Police Association, Inc.; and 1 person to be a representative of the National Bicycle Dealers 5706 Association. 5707 The commission shall file a report of its findings and recommendations with the clerks of 5708 the senate and house of representatives and the senate and house committees on ways and means 5709 not later than December 1, 2024. 5710 SECTION 312. (a) The secretary of energy and environmental affairs shall convene an 5711 electric vehicle battery recycling commission to review and advise the general court on policies 5712 pertaining to the recovery and recycling of electric vehicle batteries in the commonwealth. The 5713 commission shall consult with universities and research institutions that have conducted research 266 of 276 5714 in the area of battery recycling with manufacturers of electric and hybrid vehicles and with the 5715 recycling industry. 5716 (b) The commission shall be composed of: the secretary of energy and environmental 5717 affairs or a designee, who shall serve as chair; the chairs of the joint committee on environment 5718 and natural resources; members to be appointed by the chair of the commission from each of the 5719 following: (i) the department of energy resources; (ii) the department of environmental 5720 protection; ; (iii) a vehicle manufacturer or an organization that represents one or more vehicle 5721 manufacturers; (iv) a standards-developing organization that has a focus on automotive 5722 engineering; (v) an electronic waste recycler or an organization that represents one or more 5723 electronic waste recyclers; (vi) 1 or more companies specializing in the recycling of electric 5724 vehicle batteries, with demonstrated expertise in providing end-of-life battery management 5725 solutions, including recovering materials from end-of-life batteries and manufacturing 5726 sustainable battery materials; (vii) a motor vehicle repair shop or an organization that represents 5727 1 or more motor vehicle repair shops; (viii) a motor vehicle junkyard or an organization that 5728 represents one or more motor vehicle junkyards; (ix) 1 or more environmental organizations that 5729 specializes in waste reduction and recycling; (x) a representative of the energy storage industry; 5730 and (xi) an electric vehicle battery manufacturer. 5731 (c) On or before September 1, 2025, the electric vehicle battery recycling commission 5732 shall submit a report and policy recommendations to the general court aimed at ensuring that as 5733 close as possible to 100 per cent of electric vehicle batteries in the commonwealth are reused or 5734 recycled at end-of-life in a safe and cost-effective manner. The policy recommendations shall 5735 reflect entire lifecycle considerations for electric vehicle batteries, including, but not limited to, 5736 opportunities and barriers to the reuse of those batteries as energy storage systems after they are 267 of 276 5737 removed from the vehicle, opportunities to the extend the life of those batteries, best 5738 management considerations for those batteries at end-of-life, and the overall effect of different 5739 management practices on the environment and on local economic development. In developing 5740 the policy recommendations, the commission shall consider both in-state and out-of-state options 5741 for the recycling of electric vehicle batteries and the possibility of establishing an extended 5742 producer responsibility program for electric vehicle batteries. 5743 SECTION 313. (a) Notwithstanding any general or special law to the contrary, the 5744 division of capital asset management and maintenance may enter into an agreement to accept 5745 title to the property at 182 Union street in the city of New Bedford conveying the premises as 5746 covered by a lease dated February 28, 2000, as amended. Said conveyance shall take place as 5747 soon as possible and a deed of conveyance shall be executed by the seller to the commonwealth 5748 of the premises at 182 Union street in the city of New Bedford. The donation of the real estate 5749 for exclusively public purposes, prior to acceptance by the division, shall require an independent 5750 appraisal of the property’s fair market value and a phase I environmental study to ensure that the 5751 property has no environmental damage or other environmental issues that would expose the 5752 division to liability. The inspector general shall review and comment on the appraisal and study 5753 within 60 days of receipt. Following the appraisal and phase I environmental study, the 5754 division’s legal counsel shall issue a written opinion regarding acceptance of the proposed real 5755 estate donation for final review and an acceptance decision by the secretary of administration and 5756 finance, which shall consider the: (i) usefulness of the property for public purposes including, but 5757 not limited to, artist lofts, studios and public gallery space; (ii) marketability of the property 5758 relative to its condition; (iii) any restrictions, reservations, easements or other limitations 268 of 276 5759 associated with the property; (iv) the results of the environmental study; and (v) any potential 5760 liability for cleanup or restoration of the property that may be imposed upon a transferee by law. 5761 (b) Within 180 days of an acceptance decision by the secretary and subsequent 5762 conveyance of said property to the commonwealth, the division shall hold at least one 1 public 5763 hearing in the city of New Bedford in collaboration with the Waterfront Historic Area League of 5764 New Bedford, Inc., People Acting in Community Endeavors, Inc., Massachusetts Design Art & 5765 Technology Institute, Inc., Bristol Community College, Bridgewater State University and the 5766 Massachusetts Development Finance Agency to gather community input on appropriate public 5767 purposes for the premises, including, but not limited to, artist lofts, studios and public gallery 5768 space. 5769 (c) Following a public hearing in accordance with subsection (b), the division may lease, 5770 for a term not to exceed 35 years, inclusive of any options for renewal or extension of such lease, 5771 all or a portion of the premises at 182 Union street in the city of New Bedford to the 5772 Massachusetts Development Finance Agency, or other public entity or nonprofit organization 5773 deemed appropriate by the division, to implement the public purposes identified pursuant to said 5774 public hearing process, subject to appropriation. Consideration for said lease shall be $1. 5775 SECTION 314. Notwithstanding any general or special law to the contrary, the 5776 unexpended and unencumbered balances of the bond-funded authorizations in the following 5777 accounts shall cease to be available for expenditure 180 days after the effective date of this act: 5778 7002-0015, 7002-8005, 7002-8013, 7002-8016, 7002-8017, 7002-8018, 7002-8019, 7002-8020, 5779 7002-8022, 7002-8035, 7002-8037, 7002-8038, 7002-8052, 7002-8060, 7005-8035, 7007-9035, 5780 7002-8010, 7002-8015, 7002-8030, 7002-8045, 7002-8050, 7002-8055, 7002-8065. 269 of 276 5781 SECTION 315. Notwithstanding any general or special law to the contrary, to meet the 5782 expenditures necessary in carrying out sections 2 to 2B, inclusive, the state treasurer shall, upon 5783 request of the governor, issue and sell bonds of the commonwealth in an amount to be specified 5784 by the governor from time to time but not exceeding, in the aggregate, $2,464,190,000. All 5785 bonds issued by the commonwealth, as aforesaid, shall be designated on their face “An Act 5786 Relative to Strengthening Massachusetts’ Economic Leadership” and shall be issued for a 5787 maximum term of years, not exceeding 30 years, as the governor may recommend to the general 5788 court pursuant to section 3 of Article LXII of the Amendments to the Constitution; provided, 5789 however, that all such bonds shall be payable not later than June 30, 2059. All interest and 5790 payments on account of principal on such obligations shall be payable from the General Fund. 5791 Bonds issued under this section and interest thereon shall, notwithstanding any other provision of 5792 this act, be general obligations of the commonwealth. 5793 SECTION 316. (a)(1) Notwithstanding any general or special law to the contrary, and 5794 subject to section 5A of chapter 3 of the General Laws, the commissioner of conservation and 5795 recreation shall lease to the New Bedford Harbor Development Commission, doing business as 5796 the New Bedford Port Authority, a certain area in and over the waters of the Acushnet river in 5797 the city of New Bedford, together with improvements thereon and all easements, rights, 5798 privileges and appurtenances thereto for the operation and maintenance of a recreational marine 5799 boating facility and recreational area known as the Pope’s Island Marina for a term of 10 years 5800 with 2 5-year options to extend. 5801 (2) The New Bedford Harbor Development Commission shall not enter into sub- 5802 agreements for the operation and maintenance of the marina without prior written authorization 5803 from the commissioner of conservation and recreation. True copies of any such written 270 of 276 5804 authorization shall be filed with the clerks of the senate and house of representatives not later 5805 than 45 days after execution. 5806 (b) The lease and any extensions executed under this section shall be on terms and 5807 conditions acceptable to the commissioner of conservation and recreation; provided, however, 5808 that the lease and any extensions thereof shall provide, at its sole cost and expense, that the New 5809 Bedford Harbor Development Commission: (i) provide oversight, operations, maintenance and 5810 repair of the property, including the land, facilities and appurtenances associated therewith 5811 during the term of the lease; (ii) shall carry comprehensive general liability insurance naming the 5812 commonwealth as a co-insured, protecting the commonwealth against all claims for personal 5813 injury or property damage arising from the use of the land and appurtenances associated 5814 therewith during the term of the lease and any extension thereof; (iii) subject to clauses (v) and 5815 (vi), may retain revenues from usage fees during the term of the lease and the proceeds from 5816 concessions associated with use of the property for the sole purpose of the design, construction, 5817 operation, programming, maintenance and repair expenses of the property over the course of the 5818 lease in addition to a 1-time reimbursement for costs defined herein; (iv) may charge not more 5819 than $90 per linear foot for use of slips without prior written authorization from the 5820 commissioner of conservation and recreation; (v) shall deposit into an escrow account, shared 5821 with the department of conservation and recreation, not less than $100,000 annually, adjusted to 5822 the price adjustment formulae indices every 5 years, to fund capital investments of the property; 5823 (vi) shall pay to the department of conservation, in quarterly installments, 10 per cent of the 5824 annual gross revenues defined as total gross revenues after deduction of the $100,000 described 5825 in clause (v); (vii) shall, not later than 3 months after the close of each calendar year, prepare an 5826 annual report detailing its performance against the goals for the prior year, detailing all revenues 271 of 276 5827 and expenditures of funds for the prior year pursuant to this section, regardless of source, and 5828 specifying all usage and programming fee rates associated with planned programs and activities, 5829 and submit the report to the commissioner of conservation and recreation; (viii) shall not design, 5830 install or construct any facilities on the property without the written approval of the 5831 commissioner of conservation and recreation; (ix) shall be responsible for all utility costs; (x) 5832 shall provide not less than 20 parking spaces at no charge to visitors of the abutting playground 5833 facility; and (xi) may be responsible for outreach and stewardship with the written approval of 5834 the commissioner of conservation and recreation. 5835 (c) The lease and any extensions thereof executed under this section shall each be 5836 reviewed by the inspector general for comment and recommendation. 5837 (d) Before entering into the lease, the commissioner of conservation and recreation shall 5838 determine the exact boundaries of the property after completion of a title examination and a 5839 survey each commissioned by the department of conservation and recreation. 5840 (e) The New Bedford Harbor Development Commission shall be responsible for all costs 5841 and expenses associated with any engineering, surveys, appraisals and lease preparation related 5842 to the execution of the lease and any extensions thereof under this section; provided, however, 5843 that the commonwealth shall not be required to contribute to any such costs. 5844 (f) Within 90 days of the effective date of this section, the commissioner of conservation 5845 and recreation shall issue to the New Bedford Harbor Development Commission a license to 5846 operate and maintain the marina. The terms of said license shall be consistent with this section. 5847 (g) If the land, building and facilities, field and appurtenances comprising the property 5848 cease to be used by the New Bedford Harbor Development Commission for the purposes and in 272 of 276 5849 the manner described in this section at any time before the conclusion of the lease term, the 5850 property shall revert to the commonwealth upon such terms and conditions as the commissioner 5851 of department of conservation and recreation may determine, and shall be assigned to the care, 5852 custody and control of the department of conservation and recreation. 5853 (h) If the commissioner of conservation and recreation fails to enter into a lease with the 5854 New Bedford Harbor Development Commission pursuant subsection (a) before July 1, 2025, the 5855 commissioner shall issue, on or before October 1, 2025, a request for proposals seeking a lessee 5856 to operate and maintain the Pope’s Island Marina and recreational area. Any lease resulting from 5857 a request for proposals process pursuant to this section shall be for a term not to exceed 20 years, 5858 inclusive of any extensions. 5859 (i) Funds authorized for the Pope’s Island Marina and the adjoining recreational area in 5860 item 2300-7026 of chapter 286 of the acts of 2014, as extended by chapter 140 of the acts of 5861 2022, and in item 6720-2261 of chapter 176 of the acts of 2022 shall be made available to 5862 advance the lease agreement pursuant to this section. 5863 SECTION 317. Notwithstanding any general or special law to the contrary, to meet the 5864 expenditures necessary in carrying out section 2C, the state treasurer shall, upon request of the 5865 governor, issue and sell bonds of the commonwealth in an amount to be specified by the 5866 governor from time to time but not exceeding, in the aggregate $400,000,000. All bonds issued 5867 by the commonwealth as aforesaid shall be designated on their face “An Act Relative to 5868 Strengthening Massachusetts’ Economic Leadership ,” and shall be issued for a maximum term 5869 of years, not exceeding 30 years, as the governor may recommend to the general court pursuant 5870 to section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all 273 of 276 5871 such bonds shall be payable not later than June 30, 2064. All interest and payments on account of 5872 principal on such obligations shall be payable from the General Fund. Bonds issued under this 5873 section and interest thereon shall, notwithstanding any other provision of this act, be general 5874 obligations of the commonwealth. 5875 SECTION 318. Subsection (gg) of section 6 of chapter 62 of the General Laws and 5876 section 38RR of chapter 63 of the General Laws shall apply to taxable years beginning on or 5877 after January 1 of the first year following the effective date of this act which follows a fiscal year 5878 that closes with a consolidated net surplus of not less than $400,000,000 pursuant to section 5C 5879 of chapter 29 of the General Laws. Annually, not later than 30 days after the comptroller 5880 certifies the amount of the consolidated net surplus pursuant to said section 5C of said chapter 5881 29, the commissioner of revenue shall certify to the secretary of administration and finance 5882 whether said subsection (gg) of said section 6 of said chapter 62 and said section 38RR of said 5883 chapter 63 shall take effect pursuant to this section; provided, however, that no such certification 5884 shall be required in any year after the first year in which said subsection (gg) of said section 6 of 5885 said chapter 62 and said section 38RR of said chapter 63 take effect.  5886 SECTION 319. If a district or charter school has a diversity officer or team already in 5887 place on the effective date of section 100 of chapter 71 of the General Laws, they shall be 5888 deemed to be in compliance with said section 100 of said chapter 71. 5889 SECTION 320. (a) Not later than 1 year after the effective date of this act and before the 5890 adoption of any regulation for the administration of the state action for public health excellence 5891 program pursuant to section 27D of chapter 111 of the General Laws the department of public 5892 health shall hold not fewer than 3 public hearings in diverse geographic locations throughout the 274 of 276 5893 commonwealth or online to identify ways to improve the efficiency and effectiveness of the 5894 delivery of local public health services, in alignment with the recommendations of the special 5895 commission on local and regional public health established in chapter 3 of the resolves of 2016. 5896 (b) Not later than March 31, 2025, the department of public health shall submit a report to 5897 the clerks of the house of representatives and the senate, the house and senate committee on 5898 ways and means and the joint committee on public health. The report shall include an analysis of 5899 needs, opportunities, challenges, timeline and cost analysis for the implementation of section 5900 27D of said chapter 111. 5901 SECTION 321. The special commission on local and regional public health established in 5902 chapter 3 of the resolves of 2016 is hereby revived and continued to December 31, 2024. As 5903 soon as possible following the effective date of this act, the department shall convene the special 5904 commission at least once to review the amendments to section 27D of chapter 111 of the General 5905 Laws and funding available to support and enhance the commonwealth’s local and regional 5906 public health system. 5907 SECTION 322. The standards for foundational public health services developed pursuant 5908 to subsections (b) and (c) of section 27D of chapter 111 of the General Laws shall be consistent 5909 with the recommendations of the report of the special commission on local and regional and 5910 public health approved in June 2019 and shall be implemented and complied with by a phased 5911 schedule adopted by the department of public health. The department of public health shall 5912 publish a list of the local public health standards established pursuant to said subsections (b) and 5913 (c) of said section 27D of said chapter 111 not later than 90 days following the effective date of 5914 this act. 275 of 276 5915 SECTION 323. Subsection (gg) of section 6 of chapter 62 of the General Laws is hereby 5916 repealed. 5917 SECTION 324. Section 38RR of chapter 63 of the General Laws is hereby repealed. 5918 SECTION 325. Sections 4, 6, 101, 102, 114, 165 to 169, inclusive, 179 to 218, inclusive, 5919 254 and 257 to 280, inclusive, shall take effect 1 year after the effective date of this act. 5920 SECTION 326. Section 309 is hereby repealed. 5921 SECTION 327. Section 164 shall take effect on January 1, 2025. 5922 SECTION 328. The director of campaign and political finance shall promulgate 5923 regulations to implement section 122 not later than December 31, 2024. 5924 SECTION 329. The board of elementary and secondary education shall promulgate rules 5925 and regulations to implement section 37 of chapter 69 of the General Laws and section 38G3/4 5926 of chapter 71 of the General Laws. 5927 SECTION 330. Sections 323 and 324 shall take effect on January 1 of the sixth tax year 5928 following the effective date of subsection (gg) of section 6 of chapter 62 of the General Laws 5929 and section 38RR of chapter 63 of the General Laws as determined pursuant to section 318. 5930 SECTION 331. Sections 95, 127 and 151, subsections (ee) and (ff) of section 6 of chapter 5931 62 of the General Laws and sections 38OO to 38QQ, inclusive, of chapter 63 of the General 5932 Laws shall apply to tax years beginning on or after January 1, 2024. 5933 SECTION 332. Section 326 shall take effect on February 1, 2025. 276 of 276 5934 SECTION 333. (a) Section 245 of chapter 111 of the General Laws shall take effect on 5935 January 1, 2025. 5936 (b) Every hospital and freestanding ambulatory surgical center licensed in the 5937 commonwealth under chapter 111 of the General Laws shall report to the department of public 5938 health by April 1, 2025 regarding the policies they have adopted to comply with section 245 of 5939 said chapter 111. 5940 SECTION 334. Sections 283 and 284 shall take effect upon the conveyance of the 5941 property at 182 Union street in the city of New Bedford to the commonwealth pursuant to section 5942 313. 5943 SECTION 335. The first annual program summary required by subsection (n) of section 5944 243 of chapter 111 of the General Laws shall be submitted not later than December 31, 2025. 5945 SECTION 346. Subsection (o) of section 243 of chapter 111 of the General Laws shall 5946 take effect on January 1, 2025.