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Outside Sections
Data Current as of:  8/10/2018

Office of Health Equity 1

SECTION 4.   Section 16 of chapter 6A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 38 and 39, the words "and (7) the health facilities appeals board" and inserting in place thereof the following words:- (7) the health facilities appeals board; and (8) the office of health equity.
 

Office of Health Equity 2

SECTION 5.   Section 16O of said chapter 6A, as so appearing, is hereby amended by inserting after the word "recommendations", in lines 3 and 4, the following words:- to the director of the office of health equity.
 

Office of Health Equity 3

SECTION 6.   Said section 16O of said chapter 6A, as so appearing, is hereby further amended by inserting after the words "officio", in line 27, the following words:- ; the director of health equity or a designee, who shall serve ex officio.
 

Office of Health Equity 4

SECTION 7.   Said chapter 6A is hereby further amended by inserting after section 16Z the following section:-

Section 16AA. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Disparities", differences in the incidence, prevalence, mortality and burden of diseases and other adverse health conditions that exist among specific racial and ethnic groups.

"Office", the office of health equity.

(b) There shall be an office of health equity within the executive office of health and human services. The office shall be under the supervision and control of a director of health equity who shall be appointed by and shall report to the secretary of health and human services. The health disparities council established in section 16O shall serve as an advisory board to the office.

(c) The office shall coordinate all activities of the commonwealth to eliminate racial and ethnic health and health care disparities. The office shall set goals for the reduction of disparities and prepare an annual plan for the commonwealth to eliminate disparities.

(d) The office shall collaborate with the executive offices and state agencies on disparities reduction initiatives to address the social factors that influence health inequality. The executive offices shall include, but not be limited to, the executive office of health and human services, the executive office of housing and economic development, the executive office of public safety and security, the executive office of energy and environmental affairs, the Massachusetts Department of Transportation, the executive office of labor and workforce development and the executive office of education. The office shall facilitate communication and partnership between these executive offices and agencies to develop greater understanding of the intersections between agency activities and health outcomes. The office shall facilitate the development of interagency initiatives to address the social and economic determinants of health disparity issues including, but not limited to: (i) health care access and quality; (ii) housing availability and quality; (iii) transportation availability, location and cost; (iv) community policing and safe spaces; (v) air, water, and land usage and quality; (vi) employment and workforce development; and (vii) education access and quality.

(e) The office shall evaluate the effectiveness of programs and interventions to eliminate health disparities, identifying best practices and model programs for the commonwealth.

(f) The office shall prepare an annual health disparities report. The report shall evaluate the progress of the commonwealth toward eliminating racial and ethnic health disparities using, where possible, quantifiable measures and comparative benchmarks and, where possible, shall detail such progress on a regional basis. The office shall hold public hearings in several regions of the commonwealth to gather public information on the topics of the report. The report shall be filed with the governor, the clerks of the house of representatives and senate, the members of the health disparities council and the health policy commission not later than July 1. The report shall be posted on the official website of the commonwealth.
 

Office of Health Equity 5

SECTION 8.   Section 5 of chapter 6D of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following sentence:- The commission shall establish goals that are intended to reduce health care disparities in racial, ethnic and disabled communities and in doing so shall seek to incorporate the recommendations of the health disparities council and the office of health equity.
 

Federal Grants Management Trust Fund

SECTION 9.   Section 4F3/4 of chapter 7 of the General Laws is hereby repealed.
 

Delivery System Transformation Initiatives Trust Fund Repeal

SECTION 10.   Section 35UU of chapter 10 of the General Laws is hereby repealed.
 

New Chapter 10 Funds

SECTION 11.   Said chapter 10 is hereby further amended by inserting after section 35DDD the following section:-

Section 35EEE. There shall be established and set up on the books of the commonwealth a Commonwealth Facility Trust for Energy Efficiency, in this section referred to as the trust. There shall be credited to the trust: (i) an initial $500,000 transfer from the Energy Credit, Efficiency and Sustainable Design Trust Fund previously established by a declaration by the secretary of the executive office of administration and finance executed March 21, 2006 and amended and restated on March 1, 2011; (ii) amounts paid by agencies having completed energy or water efficiency projects funded at least in part by monies disbursed from the trust; (iii) any monies received by the commonwealth from persons or governmental, quasi-governmental or non-governmental entities as rebates, credits, securities, grants or the like as a result of enhancing energy efficiency and utilizing renewable energy applications in facility projects funded at least in part by monies disbursed from the trust; and (iv) any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto. The comptroller shall disburse amounts in the trust at the direction of the secretary of administration and finance, in consultation with the commissioner of the division of capital asset management and maintenance, without further appropriation, for the purpose of funding certain small and medium energy and water efficiency projects at state facilities identified by the division of capital asset management and maintenance. The secretary of administration and finance or the commissioner of the division of capital asset management and maintenance may require agencies to agree to repayment terms, including without limitation payment of administrative fees, as a condition of receipt of monies from the trust. All monies received from non-governmental parties by the division of capital asset management and maintenance under this section shall be by check made payable to the commonwealth of Massachusetts and deposited in the trust by the division of capital asset management and maintenance. Amounts credited to the trust shall not be subject to further appropriation. Money remaining in the trust at the close of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.
 

Tax Expenditure Review Commission 1

SECTION 12.   Chapter 14 of the General Laws is hereby amended by adding the following section:-

Section 14. (a) The department of revenue, hereinafter referred to as the department, shall examine, evaluate and report on the administration, effectiveness and fiscal impact of tax expenditures as defined in section 1 of chapter 29 and as presented with the governor's proposed budget under paragraph 3 of section 5B of said chapter 29. The report shall consider the public policy objectives behind the grant of any tax expenditure and the metrics of measuring success in meeting those objectives.

(b) The department shall use best practices and standardized criteria to evaluate: (i) the purpose, intent and goal of each tax expenditure and whether the expenditure is an effective means of accomplishing those ends; (ii) the fiscal impact of each tax expenditure on state and local taxing authorities, including past fiscal impacts and expected future fiscal impacts; (iii) the economic impact of each tax expenditure including, but not limited to, revenue loss compared to economic gain and jobs created, retained or lost as a result of the tax expenditure; (iv) the return on the investment made by the tax expenditure and the extent to which the tax expenditure is a cost effective use of resources; and (v) similar tax expenditures, if any, offered by other states and the impact of the tax expenditure on regional and national economic competitiveness.

(c) The department shall establish a schedule to review tax expenditures so that each tax expenditure shall be reviewed at least once every 5 years. The review schedule may group tax expenditures by those benefitting from the tax expenditures, the objectives of the tax expenditures or the policy rationale for the tax expenditures. The department's review of each tax expenditure shall include the date the tax expenditure was enacted and the statutory or legal citation.

(d) Annually, not later than March 1, the department shall file a report of its findings and its recommendations to the clerks of the house of representatives and senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on revenue. The report shall include all information required to be reviewed by this section and recommendations. The report shall be made available electronically and prominently displayed on the official website of the department.
 

LGBT Elders and Caregivers Curriculum 1

SECTION 13.   Chapter 19A of the General Laws is hereby amended by adding the following section:-

Section 43. The department shall develop a curriculum and training program on the prevention and elimination of discrimination based on sexual orientation and gender identity and expression and on improving access to services for lesbian, gay, bisexual and transgender elders and caregivers. The training program shall be completed by: (i) all providers of services who contract with or receive funding from the department, (ii) aging services access points, (iii) the MassHealth's office of long term care or (iv) whose services are certified by the department. Within 12 months after commencing employment, providers shall complete the training program.
 

APR. 1

SECTION 14.   Section 1 of chapter 20 of the General Laws, as appearing the 2016 Official Edition, is hereby amended by adding the following paragraph:-

The commissioner shall notify and provide the board with an opportunity to consult, review and comment on policies and regulations proposed by the commissioner pursuant to section 23.
 

APR. 2

SECTION 15.   Subsection (a) of section 23 of said chapter 20, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following 3 sentences:- The commissioner of agricultural resources shall, subject to the approval of the agricultural lands preservation committee established in section 24 and in consultation with the board of agriculture established in section 1, establish policies and promulgate regulations for the management and oversight of the program to assist the commonwealth in the acquisition of agricultural preservation restrictions. The commissioner shall promulgate regulations pursuant to this section in accordance with section 2 of chapter 30A, including the requirement that a public hearing be held. The regulations shall, at a minimum establish: (i) criteria for when the department may exercise a right of first refusal, option to purchase at fair market agricultural value or other similar right contained in an agricultural preservation restriction as held by the commonwealth; (ii) a process and guidelines for conferences as required in this subsection; and (iii) a process for waiver requests pursuant to subsection (d).
 

APR. 3

SECTION 16.   Said subsection (a) of said section 23 of said chapter 20, as so appearing, is hereby further amended by adding the following 2 paragraphs:-

As a condition of an agricultural preservation restriction acquired under this section, the owner of land subject to such a restriction held by the commonwealth shall be required to participate in a conference with the department to discuss, and for the department to explain, the terms and conditions of the agricultural preservation restriction. If the landowner intends to sell the land subject to the restriction, the landowner, department and proposed purchaser shall, prior to submission of the requisite notice of intent to sell, participate in a conference to discuss the requirements under this section and the requirements of any requests for waivers of the department's right to exercise or assign a right to acquire an interest in land through a right of first refusal, option to purchase at fair market agricultural value or other similar right contained in the agricultural preservation restriction. A conference held in accordance with this section shall occur on the parcel of land subject to the restriction under consideration or in a manner and time agreed upon by the landowner, proposed purchaser of the land and the department. Following submission of a notice of intent to sell, the department may communicate directly with the landowner or seek an additional conference with the landowner and proposed purchaser to clarify any element of the landowner's notice of intent to sell and waiver request.

The department shall review, once every 3 years and in consultation with the board of agriculture and the agricultural lands preservation committee, all existing guidance, policies, procedures and regulations relative to the management and oversight of the program pursuant to this section and propose updates to the guidance, policies, procedures or regulations that are necessary to improve and modernize the management of the program. This review shall include regional public hearings to assess the effectiveness of the program and existing guidance, policies, procedures and regulations. The department shall make a good faith effort to mail a copy of any guidance, policies, procedures or regulations, whether proposed or promulgated under this section, to all owners of land subject to agricultural preservation restrictions held by the commonwealth not less than 21 days prior to the date of a public hearing.
 

APR. 4

SECTION 17.   Section 23 of said chapter 20, as so appearing, is hereby amended by striking out, in line 49, the words ", may" and inserting in place thereof the following words:- or any landowner of land subject to an agricultural preservation restriction who is subject to and aggrieved by a decision of the department to exercise or assign a right to acquire an interest in land through an option to purchase at fair market agricultural value, a right of first refusal or other similar right for land subject to an agricultural preservation restriction as held by the commonwealth on their land may.
 

APR. 5

SECTION 18.   Subsection (c) of said section 23 of chapter 20, as so appearing, is hereby amended by adding the following paragraph:-

The department shall notify the aggrieved landowner in writing by certified mail of the determination not more than 3 business days after a determination made by the department under this subsection to exercise or assign a right of first refusal, an option to purchase at fair market agricultural value or other similar right contained in the agricultural preservation restriction. The department's notice shall include notice of a right to request a hearing at which the aggrieved landowner may, not more than 10 business days after receipt of such determination by the department, request a hearing before the committee under chapter 30A. If a timely request is received, the committee shall, within a reasonable time, hold a hearing in compliance with said chapter 30A. The committee shall designate a hearing officer to preside over the hearing, to assemble an official record of the hearing and to render a written decision that shall be submitted to the committee. The committee shall make the final decision not more than 15 business days after holding a hearing. If the time period established in the agricultural preservation restriction for the department to exercise its right of first refusal, option to purchase at fair market agricultural value or other similar right, together with the time period established for the department to complete the underlying land sale if the above rights are assigned, is less than 90 days in total, the landowner's right to a hearing is conditioned upon written consent by the landowner to extend the time period to allow for completion of the hearing and for the department to finalize a sale should the department prevail in the hearing. Such consent shall have the effect of modifying the time periods set forth in the recorded agricultural preservation restriction but shall not affect the parties' rights in any other manner.
 

APR. 6

SECTION 19.   Said section 23 of said chapter 20, as so appearing, is hereby further amended by adding the following 3 subsections:-

(d) The department shall waive its rights under this section to exercise or assign a right to acquire an interest in land through a right of first refusal, an option to purchase at fair market agricultural value or other similar right contained if a landowner of land subject to an agricultural preservation restriction held by the commonwealth has received a good faith offer, including a certified copy of an executed purchase and sale agreement, for a fixed consideration payable upon delivery of the deed for land subject to an agricultural preservation restriction from a farmer who, at a minimum: (i) has engaged in active commercial agriculture for not less than 2 years immediately prior to the date of the request for a waiver under this section; (ii) submits a proposed farm business plan to the department that includes the proposed purchase price and demonstrates how the buyer will continue to engage in commercial agriculture to retain and use the land primarily and directly for agricultural purposes pursuant to sections 1 and 2 of chapter 61A and preserve the natural agricultural resources for a period of not less than 5 years after the date of sale; and (iii) has no prior record of a violation of the written agreement or terms of any agricultural preservation restriction held by the commonwealth; provided, however, that the department shall require any proposed farm business plan submitted pursuant to clause (ii) to include a written justification for the proposed purchase price if the price proposed for the purchase of the subject land is 20 per cent or more than the fair market agricultural value of the land; provided further, that the department may waive the requirements of clause (iii) if the violation is deemed minor by the department; and provided further, that any person, party or entity who is subject to and aggrieved by a decision of the department not to waive its rights under this section may appeal to the agricultural lands preservation committee pursuant to the process set forth in subsection (c).

The department, in consultation with the agricultural lands preservation committee and the board of agriculture, shall establish benchmarks and criteria to be used to evaluate and measure a farm business plan submitted by a farmer as part of any waiver request in accordance with this section.

(e) Where an agricultural preservation restriction acquired and held by the commonwealth gives the department the authority to exercise or assign a right to acquire an interest in land through a right of first refusal, an option to purchase at agricultural value or other similar right, the landowner shall have the right to withdraw the landowner's notice of intent to sell at any point prior to the department's exercise or assignment of the option to purchase at agricultural value or right of first refusal. A landowner's decision to withdraw a notice of intent to sell shall not affect a landowner's right or obligation to submit to the department any future offer to purchase said land.

(f) Nothing in this section shall be construed as requiring the department to include a right of first refusal, an option to purchase at agricultural value or other similar right when acquiring an agricultural preservation restriction.
 

APR. 7

SECTION 20.   Section 24 of said chapter 20, as so appearing, is hereby amended by striking out, in lines 8 to 10, inclusive, the words ", and 4 persons to be appointed by the governor, 2 of whom shall be owners and operators of farms within the commonwealth" and inserting in place thereof the following words:- and 6 persons to be appointed by the governor, 4 of whom shall be owners and operators of farms within the commonwealth, 1 of whom shall be a representative of a farm advocacy organization and 1 of whom shall be a representative of a land trust organization.
 

Underground Storage Tank Fund 1

SECTION 21.   Section 1 of chapter 21J of the General Laws, as so appearing, is hereby amended by striking out, in line 25, the words "two S of chapter twenty-nine" and inserting in place thereof the following words:- 2BBBBB of chapter 29.
 

Underground Storage Tanks

SECTION 22.   Subsection (C) of section 2 of said chapter 21J, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following 2 sentences:- The department shall deposit the receipts from the delivery fee imposed under the first paragraph of subsection (A) as follows: (i) the first $30,000,000 in receipts in a fiscal year shall be deposited into the Underground Storage Tank Petroleum Product Cleanup Fund established in section 2BBBBB of chapter 29; and (ii) the remainder shall be deposited into the Commonwealth Transportation Fund established in section 2ZZZ of said chapter 29. The department shall deposit the receipts from the annual storage tank fee imposed under the second paragraph of said subsection (A) into the General Fund.
 

State Police Accreditation

SECTION 23.   Chapter 22C of the General Laws is hereby amended by adding the following 2 sections:-

Section 72. (a) There shall be within the department, but not subject to the control of the department, an internal special audit unit. The inspector general shall appoint a director of the special audit unit, who shall serve as an assistant inspector general, under the supervision of the inspector general, for a term of 4 years. The inspector general may remove the director for cause and designate an interim director until a new director is appointed. The director shall devote full time and attention to the duties of the office.

(b) The director may appoint and remove, subject to the approval of the inspector general, such persons as are necessary to perform the functions of the unit; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to any person holding such an appointment. The director may appoint and remove, subject to the approval of the inspector general, such expert, clerical or other assistants as the work of the unit may require. Employees shall devote their full-time and attention to their duties while employed with the unit and shall be subject to the rules and regulations established for employees of the office of the inspector general pursuant to section 4 of chapter 12A.

(c) The internal special audit unit shall monitor the quality, efficiency and integrity of the department's operations, organizational structure and management functions and seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public funds. The director shall have access to all records, reports, audits, reviews, papers, books, documents, recommendations and correspondence of the department or any employee of the department including, but not limited to, information relative to all expenditures by the department for paid details and overtime.

The department shall cooperate with the special audit unit in carrying out the special audit unit's duties, including granting access to persons, documents, databases, electronic data and other materials deemed necessary by the director to conduct an investigation, audit or review.

Under the direction of the inspector general, the director of the internal special audit unit shall have all the powers of the inspector general pursuant to chapter 12A and any rule or regulation promulgated pursuant thereto.

(d) The director shall report and refer instances of fraud, waste or abuse of public funds to the inspector general for investigation pursuant to section 8 of chapter 12A and the results of such an investigation may be referred to the attorney general or state auditor for appropriate action.

(e) The director shall submit an annual report of the unit's activities for the preceding calendar year including, but not limited to, findings referred to the inspector general for investigation, to the joint committee on public safety and homeland security and the house and senate committees on ways and means not later than March 1 of each year. The department shall make the annual report and all such reports from previous years available on the department's website.

Section 73. The department shall maintain certification or accreditation from a state or nationally recognized accrediting agency. If at any time the department fails to maintain certification or accreditation, the colonel shall report quarterly to the secretary of public safety and security on the department's efforts to achieve certification or accreditation. The internal special audit unit established in section 72 shall monitor policy changes initiated as a result of the certification or accreditation and ensure ongoing compliance with this section.
 

Gaming Revenues

SECTION 24.   Clause (2) of section 59 of chapter 23K of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out subclause (i) and inserting in place thereof the following subclause:- (i) 10 per cent shall be credited to the Debt and Long-Term Liability Reduction Trust Fund established in section 2ZZZZ of chapter 29.
 

EFSB and Unified Carrier Registration Trust Funds

SECTION 25.   Chapter 25 of the General Laws is hereby amended by inserting after section 12P the following 2 sections:-

Section 12Q. There shall be a Department of Public Utilities Energy Facilities Siting Board Trust Fund. The department shall credit to the fund: (i) application fees collected pursuant to section 69J1/2 of chapter 164; and (ii) income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the department for operation of the energy facilities siting board established in section 69H of said chapter 164. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in subsequent fiscal years.

Annually, not later than December 1, the department shall issue a report to the clerks of the senate and house of representatives and to the chairs of the senate and house committees on ways and means on the fund activities including, but not limited to, amounts credited to the fund, amounts expended from the fund and any unexpended balance.

Section 12R. There shall be a Department of Public Utilities Unified Carrier Registration Trust Fund. The department shall credit to the fund: (i) application fees collected pursuant to section 10 of chapter 159B; and (ii) income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the department for the regulation of motor carriers pursuant to said chapter 159B. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in subsequent fiscal years.

Annually, not later than December 1, the department shall issue a report to the clerks of the senate and house of representatives and to the chairs of the senate and house committees on ways and means on the fund activities including, but not limited to, amounts credited to the fund, amounts expended from the fund and any unexpended balance.
 

Municipal Naloxone Bulk Purchase Trust Fund

SECTION 26.   Chapter 29 of the General Laws is hereby amended by striking out section 2RRRR, as amended by section 6 of chapter 110 of the acts of 2017, and inserting in place thereof the following section:-

Section 2RRRR. (a) There shall be a Municipal Naloxone Bulk Purchase Trust Fund. The fund shall be administered and expended by the commissioner of public health or a designee for the municipal naloxone bulk purchase program. Municipalities and non-profit organizations that contract with the department of public health's bureau of substance addiction services may join the program to purchase naloxone for municipal first responder agencies and such non-profit organizations. The state office of pharmacy services shall assist with the purchasing and distribution of naloxone on behalf of the program. For the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system. The department of public health shall provide technical assistance to participating municipalities and non-profit organizations to ensure that the municipalities and non-profit organizations complete all training and registration requirements.

(b) The fund shall consist of: (i) payments made by participating municipalities and non-profit organizations for the purchase of naloxone; (ii) revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; and (iii) funds from public or private sources including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund. Funds received under clauses (ii) or (iii) shall be apportioned in a manner determined by the department and shall be applied to provide price reductions for municipalities purchasing naloxone through the program, in addition to any discounts procured by the fund through bulk purchasing. Amounts credited to the fund shall not be subject to further appropriation and monies remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The commissioner shall report annually not later than October 1 to the house and senate committees on ways and means on the fund's activity. The report shall include, but not be limited to, revenue received by the fund, revenue and expenditure projections for the forthcoming fiscal year and details of all expenditures from the fund, the municipalities and non-profit organizations participating in the program, the amount of naloxone purchased by each municipality and non-profit organizations and the discount procured through bulk purchasing.
 

New Chapter 29 Funds

SECTION 27.   Said chapter 29 is hereby further amended by inserting after section 2YYYY the following 3 sections:-

Section 2ZZZZ. (a) There shall be a Debt and Long-Term Liability Reduction Trust Fund. The fund shall be administered by the secretary of administration and finance, in consultation with the treasurer and receiver-general.

(b) There shall be credited to the fund all monies received under subclause (i) of clause (2) of section 59 of chapter 23K. Expenditures from the fund shall be made for the payment and prepayment of commonwealth debt and other long-term liabilities including, but not limited to: (i) debt service payable by the commonwealth and the Massachusetts Department of Transportation; (ii) contract assistance payments; (iii) payments pursuant to contracts established under section 38C; (iv) funding escrow accounts for the payments described in clauses (i) to (iii), inclusive; (v) unfunded pension liabilities; and (vi) other post-employment benefits. The comptroller may certify amounts for payment in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund that shall cause the fund to be deficient at the close of a fiscal year. Amounts credited to the fund shall not be subject to further appropriation. Money remaining in the fund at the close of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.

(c) Annually, not later than December 1, the secretary shall report on the activities of the fund to the clerks of the house of representatives and senate and to the chairs of the house and senate committees on ways and means. The report shall include an accounting of expenditures made from the fund with a description of the authorized purpose of each expenditure, an accounting of amounts credited to the fund and any unexpended balance remaining in the fund.

Section 2AAAAA. There shall be a Safety Net Provider Trust Fund. The fund shall be administered by the secretary of health and human services. Payments from the fund shall be: (i) subject to the availability of federal financial participation; (ii) made under federally-approved payment methods; (iii) consistent with federal funding requirements and federal payment limits; and (iv) subject to the terms and conditions of an agreement between the Centers for Medicare and Medicaid Services and the executive office of health and human services.

Money from the fund may be expended for payments to providers that qualify under an approved federal waiver. Amounts credited to the fund shall not be subject to further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.

Annually, not later than December 1, the secretary of health and human services shall report to the clerks of the senate and house of representatives and chairs of the senate and house committees on ways and means: (i) an accounting of money received by the fund and the sources of that money; (ii) an accounting of payments made to providers broken down by amounts paid per provider and the authorization for the payments; (iii) the amount of any unexpended balance; and (iv) projected revenue and spending amounts for the coming fiscal year.

Section 2BBBBB. There shall be an Underground Storage Tank Petroleum Product Cleanup Fund. There shall be credited to the fund: (i) the fees imposed under subsection (A) of section 2 of chapter 21J in the manner set forth pursuant to clause (i) of subsection (C) of said section 2 of said chapter 21J; (ii) any appropriation, grant, gift or other contribution made to the fund; and (iii) any interest earned on money in the fund.

Amounts credited to the fund shall be used, subject to appropriation, for the purposes of chapter 21J. Before the calculation of the consolidated net surplus under section 5C, the comptroller shall transfer any remaining balance in the fund to the Commonwealth Transportation Fund established in section 2ZZZ.
 

Records Conservation Board Membership

SECTION 28.   Section 42 of chapter 30 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word "records", in line 3, the following words:- , the secretary of technology services and security.
 

Retirees Work Hours Cap

SECTION 29.   Section 91 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in lines 97 and 113, the words "nine hundred and sixty" and inserting in place thereof, in each instance, the following figure:- 1,200.
 

Earned Income Tax Credit Increase

SECTION 30.   Subsection (h) of section 6 of said chapter 62 of the General Laws, as appearing in section 32 of chapter 47 of the acts of 2017, is hereby amended by striking out the figure "23", each time it appears, and inserting in place thereof, in each instance, the following figure:- 30.
 

Dairy Farm Tax Credit 1

SECTION 31.   Section 6 of said chapter 62 is hereby amended by striking out, in line 723, as appearing in the 2016 Official Edition, the figure "$4,000,000" and inserting in place thereof the following figure:- $6,000,000.
 

Dairy Farm Tax Credit 2

SECTION 32.   Section 38Z of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 28, the figure "$4,000,000" and inserting in place thereof the following figure:- $6,000,000.
 

Leased Vehicle Registration Renewals 1

SECTION 33.   Section 1 of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the word "distributor", in line 309, the following words:- ; provided, however, that notwithstanding that a lessee of a motor vehicle or trailer shall not be considered an owner of a vehicle, the registrar may allow the registration and renewal of such registration directly by a lessee under section 2.
 

Leased Vehicle Registration Renewals 2

SECTION 34.   The first paragraph of section 2 of said chapter 90 is hereby amended by striking out the first sentence, as so appearing, and inserting in place thereof the following 2 sentences:- Applications for the registration or renewal of registration of motor vehicles and trailers shall be made by the owner thereof; provided, however, that the registrar may accept applications for registration or renewal of registration from, and furnish registration documents directly to, the lessee of a motor vehicle or trailer if the registrar is satisfied of the existence of the lease in the name of the applicant. The registration shall identify the name and address of the lessor as the owner of the motor vehicle or trailer and the name and residential address of the lessee as registrant and such registration shall be mailed directly to the lessee and notice thereof or a copy of the registration shall be mailed to the lessor-owner; provided, however, that providing such registration documents directly to the lessee shall not extinguish a lessor's ownership interest in the motor vehicle or trailer.
 

International Drivers License Reciprocity 1

SECTION 35.   Section 10 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 30 and 31, the words "grants substantially similar privileges to residents of this commonwealth and".
 

International Drivers License Reciprocity 2

SECTION 36.   The first paragraph of said section 10 of said chapter 90, as so appearing, is hereby amended by adding the following sentence:- The nonresident shall have in their possession a valid international driver's permit, or a document containing a photo and an English translation that substantially corresponds to an international driving permit, that shall be used solely to properly identify the individual appearing on the license for the purpose of enforcing this section if no English translation appears on the front or back of the license that the nonresident is required to have in possession at all times while operating a motor vehicle.
 

Public Health Grant Trust Fund

SECTION 37.   Chapter 111 of the General Laws is hereby amended by inserting after section 2I the following section:-

Section 2J. There shall be a Public Health Grant Trust Fund. The commissioner shall administer the fund to collaborate with nonprofit organizations to participate in competitive grant opportunities that further the mission of the department.

There shall be credited to the fund money received from public and private sources to support public health competitive grant opportunities. Amounts credited to the fund shall not be subject to further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.

Annually, not later than January 1, the commissioner shall report on the activities of the fund to the clerks of the house of representatives and senate and to the chairs of the house and senate committees on ways and means. The report shall include: (i) an accounting of money received by the fund broken down by funding source; (ii) a description of the competitive grant opportunities and whether a competitive grant opportunity is in collaboration or partnership with a nonprofit organization; (iii) an accounting of money expended from the fund broken down by recipient; (iv) the amount of any unexpended balance; and (v) a description of anticipated competitive grant opportunities applied or expected to be applied to in the upcoming calendar year and whether the competitive grant opportunity is in collaboration or partnership with a nonprofit organization.
 

Cremation of Unclaimed Remains

SECTION 38.   Section 43M of chapter 114 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following paragraph:-

A board of health may authorize the cremation of unclaimed remains by signing a cremation form for unclaimed remains under the following circumstances: (i) the unclaimed remains shall be in a location that is within the jurisdiction of the board of health; and (ii) the board of health has received notice that either no person has come forward to claim the remains or that no person may legally claim the remains; provided, however, that the board of health shall wait 30 days after such notification under this clause prior to signing the cremation form. There shall be no liability for a board of health or an employee or agent thereof that authorizes the disposal of unclaimed remains in accordance with this section.
 

TAFDC Child of Record 1

SECTION 39.   The first paragraph of section 2 of chapter 118 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Notwithstanding any general or special law to the contrary, aid shall be provided for each such child or children without regard to whether the child was conceived or born after the parent began receiving aid under this chapter.
 

Nursing Facility Assessment

SECTION 40.   Subsection (b) of section 63 of chapter 118E of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The assessment shall be sufficient in the aggregate to generate in each fiscal year the lesser of $240,000,000, or an amount equal to 6 per cent of the revenues received by the taxpayer, as the term "revenues received by the taxpayer" is defined in 42 C.F.R. § 433.68(f)(3)(i)(A).
 

Juvenile Court Special Findings 1

SECTION 41.   Chapter 119 of the General Laws is hereby amended by inserting after section 39L the following section:-

Section 39M. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:-

"Child", an unmarried person under the age of 21.

"Dependent on the court", subject to the jurisdiction of a court competent to make decisions concerning the protection, well-being, care and custody of a child, for findings, orders or referrals to support the health, safety and welfare of a child or to remedy the effects on a child of abuse, neglect, abandonment or similar circumstances; provided, however, that "court" shall include, but not be limited to, the probate and family court and the juvenile court departments of the trial court; and provided further, that when issuing special findings under this section, a court shall be acting under the jurisdiction specified in this definition.

"Similar circumstances", conditions that have an effect on the child comparable to abuse, neglect or abandonment including, but not limited to, the death of a parent.

(b) A child alleging that return to the child's country of origin is not in the child's best interest may petition the court for special findings. Upon reviewing the petition or complaint seeking special findings, any supporting affidavits and other evidence presented, the court shall issue findings of fact and rulings of law that shall determine whether the child who is the subject of the proceeding: (i) is dependent on the court; (ii) has suffered from abuse, neglect, abandonment or similar circumstances; (iii) may not be viably reunified with either or both parents due to abuse, neglect, abandonment or similar circumstances; and (iv) may not be returned to the child's or parent's country of nationality or country of last habitual residence because it is not in the best interest of the child. A court making a decision under this paragraph shall be acting as a juvenile court.

The health and safety of the child shall be of paramount concern. When considering the child's health and safety, the court shall consider whether present or past living conditions will adversely affect the child's physical, mental or emotional health.

(c) In addition to petitioning a court for special findings under subsection (b), the petitioner may request orders necessary to protect the child against further abuse or other harm by filing a complaint for an abuse prevention order under chapter 209A, by filing a complaint for support under section 32F of chapter 209 or seeking any other available remedy.

(d) A child who is the subject of a petition for special findings under subsection (b) or who is subject to an order under subsection (c) may be referred for psychiatric, psychological, educational, occupational, medical, dental or social services or for protection against trafficking or domestic violence. Participation in any referred services shall be voluntary.

(e) A court shall hear, adjudicate and issue findings of fact and rulings of law on any petition or complaint for special findings under this section as soon as it is administratively feasible and prior to the child reaching the age of 21 to serve the best interest of the child.

(f) The petitioner shall not be required to name as a respondent a parent with whom reunification may be a viable option.

(g) Nothing in this section shall prevent the divisions of the probate and family court or the juvenile court departments of the trial court from issuing similar findings of fact and rulings of law to those in subsection (b) in any other proceeding.

(h) This section shall be liberally construed to promote the best interest of the child.
 

Alternative Housing Voucher Program Transfer

SECTION 42.   Section 60 of chapter 121B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the figure "7004-9024", in line 11, the following figure:- , 7004-9030.
 

Substance Use Commitment Procedure

SECTION 43.   Section 22 of chapter 127 of the General Laws is hereby amended by adding the following paragraph:-

Persons committed on a charge of a crime may participate in residential treatment or other rehabilitative programs with persons serving a criminal sentence; provided, however, that such person shall not be housed in the same cell with a person serving a criminal sentence. The commissioner of correction or, for a county facility, the sheriff shall adopt policies and procedures for the management of such participation consistent with public safety and the security and operational needs of the facility.
 

Produce Safety

SECTION 44.   Chapter 128 of the General Laws is hereby amended by adding the following section:-

Section 124. (a) As used in this section, the following words shall have the following meanings unless the context otherwise requires:-

"Farm", lands that are used by a person for farming or agriculture as defined in section 1A.

"Federal act", the FDA Food Safety Modernization Act, Public Law No. 111-353, as amended.

"Federal standards", the standards adopted under the federal act for the growing, harvesting, packing and holding of produce for human consumption as set forth in 21 C.F.R. 112, as amended.

"Produce", produce as defined in 21 C.F.R. 112.3, as amended.

"Produce farm", any farm engaged in the growing, harvesting, packing or holding of produce.

(b) The department may enforce the federal standards in the commonwealth. The department may consult, collaborate and enter into cooperative agreements with the department of public health regarding application and enforcement of the federal act.

(c) (1) The department may enter upon and inspect a produce farm during reasonable hours to ensure compliance with the federal standards or, pursuant to paragraph (2), comparable state standards applicable to produce not meeting the definition of covered produce under 21 C.F.R. 112.3, as amended. The commissioner may promulgate regulations as may be necessary to implement this paragraph.

(2) The department may conduct inspections of produce not meeting the definition of covered produce under 21 C.F.R. 112.3, as amended, or a produce farm not subject to the federal standards under 21 C.F.R. 112.4 and 112.5, as amended, only upon the request of the operator of the produce farm. Such a request for inspection shall subject the produce farm and its operator to the authority of the department as set forth in this section.

(3) After inspection, the department may issue an inspection certificate that shall include the date and place of inspection along with any other information that the department may prescribe. The department may coordinate with other state and federal agencies and organizations to carry out inspections at or near the same time on a particular produce farm.

(d) The department may issue reasonable orders necessary to effectuate the purposes of this section including, but not limited to, orders for the embargo, destruction, quarantine and release of produce. The commissioner may promulgate regulations as may be necessary to implement this subsection.

(e) The operator of a produce farm shall maintain records required by the federal act and rules adopted thereunder and shall make those records available to the department upon request.
 

MBTA Capital Budget

SECTION 45.   Section 20 of chapter 161A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-

The itemized budget shall properly classify operating expenditures. Subject to a written policy approved by the board, the authority may classify an employee on a capital budget if the employee is supporting a capital transportation project; provided, however, that such classification shall be in accordance with federal funding requirements, government accounting standards and applicable state finance and federal laws. The policy shall: (i) define the employee positions eligible for classification on a capital budget, consistent with this section; (ii) specify that no bond funds shall be used to fund an employee's salary; and (iii) require an annual review by an independent third-party auditor of the authority's practices related to classifying employees on a capital budget. The secretary shall include the following information in the itemized budgets available on the authority's website: (i) the amount of capital expenditures used for employees; (ii) the total number of employee salaries included in capital expenditures, including a breakdown by division of the position titles and accompanying salaries; and (iii) the total number of employees assigned to capital projects.
 

RTA Accountability 1

SECTION 46.   Section 8 of chapter 161B of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(l) The Massachusetts Department of Transportation may require each regional transit authority to provide data on ridership, customer service, asset management and financial performance and shall annually compile collected data into an annual report on the performance of regional transit authorities. The report shall be filed with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on transportation not later than December 31.
 

Juvenile Court Department Justice 1

SECTION 47.   Section 1 of chapter 211B of the General Laws is hereby amended by striking out the figure "383", inserted by section 81 of chapter 47 of the acts of 2017, and inserting in place thereof the following figure:- 384.
 

Juvenile Court Department Justice II

SECTION 48.   Section 2 of said chapter 211B is hereby amended by striking out, in line 5, as appearing in the 2016 Official Edition, the figure "41" and inserting in place thereof the following figure:- 42.
 

CPCS Hourly Rate Increase 1

SECTION 49.   Section 11 of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the figure "$60" and inserting in place thereof the following figure:- $68.
 

CPCS Hourly Rate Increase 2

SECTION 50.   Said section 11 of said chapter 211D, as so appearing, is hereby further amended by striking out, in line 12, the figure "$50" and inserting in place thereof the following figure:- $53.
 

Juvenile Court Department Justice III

SECTION 51.   Section 58 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the figure "4" and inserting in place thereof the following figure:- 5.
 

TAFDC Child of Record 2

SECTION 52.   Subsection (a) of section 110 of chapter 5 of the acts of 1995 is hereby amended by striking out the definition of "Child of record".
 

TAFDC Reform 3

SECTION 53.   Subsection (b) of said section 110 of said chapter 5, as amended by section 123 of chapter 133 of the acts of 2016, is hereby further amended by striking out the words "Subject to federal approval of a waiver, a family shall be eligible for assistance provided its maximum allowable countable resources do not exceed two thousand five hundred dollars" and inserting in place thereof the following words:- A family shall be eligible for assistance provided its maximum allowable countable resources do not exceed $5,000.
 

TAFDC Child of Record 3

SECTION 54.   Said section 110 of said chapter 5 is hereby further amended by striking out subsection (c).
 

TAFDC Reform 4

SECTION 55.   Said section 110 of said chapter 5 is hereby further amended by striking out subsection (d), as appearing in section 124 of chapter 133 of the acts of 2016, and inserting in place thereof the following subsection:-

(d) An earnings disregard of earned income shall be provided to both exempt and nonexempt families, such that a recipient shall be eligible to have 100 per cent of the remaining gross earned income, before dependent care deductions, disregarded for 6 consecutive months immediately following the start of initial employment or the date on which the recipient began receiving transitional aid to families with dependent children, whichever is later; provided, however, that total income shall not exceed 200 per cent of the federal poverty level for the household size. Such recipient shall also be eligible to have 50 per cent of the remaining gross income, after work-related expenses but before dependent care deductions, disregarded following the initial 6-month period of earnings disregard.
 

TAFDC Child of Record 4

SECTION 56.   Clause (3) of subsection (e) of said section 110 of said chapter 5, as amended by section 25 of chapter 158 of the acts of 2014, is hereby further amended by striking out the words "of record under the age of two years or any child other than the child of record who is under the age of three months" and inserting in place thereof the following words:- under the age of 2 years.
 

TAFDC Reform 5

SECTION 57.   Subsection (g) of said section 110 of said chapter 5 is hereby amended by striking out the first paragraph, as appearing in section 125 of chapter 133 of the acts of 2016, and inserting in place thereof the following paragraph:-

An applicant who has received transitional aid to families with dependent children within the last 4 calendar months shall be eligible to have 50 per cent of the remaining gross earned income, after work-related expenses but before dependent care deductions, disregarded for the purpose of eligibility determination.
 

TAFDC Child of Record 5

SECTION 58.   The first paragraph of subsection (j) of said section 110 of said chapter 5, as most recently amended by section 27 of chapter 158 of the acts of 2014, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- The program shall require that the head of household in each such family, or both parents in a 2-parent family, shall participate in work-related activities for: (i) 20 hours each week if the youngest child in the family is between the age of 2 and the age at which full-time schooling becomes mandatory; or (ii) 30 hours each week if the youngest child in the family has reached the age at which full-time schooling is mandatory.
 

TAFDC Child of Record 6

SECTION 59.   Said subsection (j) of said section 110 of said chapter 5, is hereby further amended by striking out the last paragraph, as appearing in section 528 of chapter 26 of the acts of 2003.
 

TAFDC Child of Record 7

SECTION 60.   Section 130 of said chapter 5 is hereby amended by striking out, in lines 5 and 6, the words "; the ineligibility of children born after the child of record for assistance".
 

Nursing and Allied Health Workforce Development Trust Fund

SECTION 61.   Chapter 305 of the acts of 2008 is hereby amended by striking out section 33 and inserting in place thereof the following section:-

Section 33. (a) Notwithstanding any general or special law to the contrary, there shall be established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Nursing and Allied Health Workforce Development Trust Fund to which shall be credited any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto, and additional funds, including federal grants or loans or private donations made available to the secretary of health and human services for this purpose. The executive office of health and human services shall hold the fund in an account separate and apart from other funds or accounts. Amounts credited to the fund shall be expended by the secretary of health and human services to carry out subsection (b). Any balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(b) The fund shall be used to develop and support short-term and long-term strategies to increase the number of public higher education faculty members and students who participate in programs that support careers in fields related to nursing and allied health. The secretary of health and human services may expend such funds as necessary for the administration of the Massachusetts Nursing and Allied Health Workforce Development Initiative. In furtherance of these public purposes, the secretary of health and human services shall expend funds in the Massachusetts Nursing and Allied Health Workforce Development Trust Fund for activities that are calculated to increase the number and diversity of nursing and allied health faculty and students and improve the nursing and allied health educational offerings available in public higher education institutions. Grants and other disbursements and activities may involve, without limitation, organizations that provide health care services, state and community colleges, higher education institutions, business and industry partnerships, regional alliances, workforce investment boards, organizations granted tax-exempt status under section 501(c)(3) of the Internal Revenue Code and other community groups which support and promote the nursing profession and the health of people living in the commonwealth. Grants and other disbursements and activities may support, without limitation: (i) the goal of rapidly increasing the number of nurses and allied health workers; (ii) enhancing the role of the system of public and private higher education, as institutions and in partnerships with other stakeholders, in meeting the short-term and long-term workforce challenges in the nursing and allied health professions; (iii) the development and use of innovative curricula, courses, programs and modes of delivering education in nursing and allied health professions for faculty and students in these fields; (iv) activities with the growing network of stakeholders in the nursing and allied health professions to create, implement, share and make broadly and publicly available best practices and innovative programs relative to instruction, development of partnerships and expanding and maintaining faculty and student involvement in careers in these fields; and (v) strengthening the institutional capacity to develop and implement long-term programs and policies to effectively respond to these challenges.
 

Long Term Leases for Boat Clubs

SECTION 62.   Chapter 65 of the acts of 2010 is hereby amended by inserting after section 2 the following section:-

Section 2A. Notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the leases or other agreements executed under section 1 shall not require an annual rental payment increase of more than 2 per cent of the established rental payment rate for each lease as of January 1, 2015. This section shall not apply to any lease or other agreement executed by a club associated with an educational institution.
 

Drug Coupon Sunset Extension

SECTION 63.   Section 226 of chapter 139 of the acts of 2012 is hereby amended by striking out the figure "2019", inserted by section 129 of chapter 133 of the acts of 2016, and inserting in place thereof the following figure:- 2021.
 

Massachusetts Bay Transportation Authority Capital Expenses 2

SECTION 64.   Section 203 of chapter 46 of the acts of 2015 is hereby amended by inserting after the word "budget", in line 8, the second time it appears, the following words:- consistent with section 20 of said chapter 161A.
 

Pancreatic Cancer Commission Staffing

SECTION 65.   The last paragraph of section 78 of chapter 119 of the acts of 2015 is hereby amended by adding the following 2 sentences:- The executive office of health and human services shall provide staff support to the commission. The commission shall report the results of its investigation along with any recommendations to the clerks of the house of representatives and the senate.
 

Daily Fantasy Sports Sunset

SECTION 66.   Section 135 of chapter 219 of the acts of 2016 is hereby amended by striking out, in line 3, the words "from August 1, 2016 to July 31, 2018, inclusive,".
 

Sales Tax Modernization 1

SECTION 67.   Sections 94, 95 and 142 of chapter 47 of the acts of 2017 are hereby repealed.
 

EMAC Supplement Hardship Waiver

SECTION 68.   Chapter 63 of the acts of 2017 is hereby amended by inserting after section 14 the following section:-

Section 14A. (a) The director of unemployment assistance, in consultation with the secretary of administration and finance, shall develop and may approve a hardship waiver for an employer experiencing a financial hardship due to its liability under an increased contribution pursuant to section 3, 5, 7 or 9. In evaluating eligibility for a hardship waiver under this section, special consideration may be given to businesses including, but not limited to: (i) businesses with limited or variable revenue; (ii) small businesses; (iii) employers with seasonal or temporary employees; and (iv) employers providing services that serve the public interest. The hardship waiver may reduce or fully exempt an employer from its liability under an increased contribution.

(b) The director of unemployment assistance, in consultation with the secretary of administration and finance, shall develop and may approve procedures for providing advanced notice and extending the due date of a contribution required under section 9. The director may provide notice of the procedures for requesting an extension to an employer at the same time and in the same manner as the notice of a liability determination.
 

APR Deadline 1

SECTION 69.   The department of agricultural resources shall commence its review of all existing policies, procedures and regulations required pursuant to subsection (a) of section 23 of chapter 20 of the General Laws not later than February 1, 2020.
 

APR Deadline 2

SECTION 70.   The department of agricultural resources shall promulgate the regulations required by subsection (a) of section 23 of chapter 20 of the General Laws not later than August 1, 2019.
 

APR Land Transfer X

SECTION 71.   The department of agricultural resources shall require participation in meetings and conferences, pursuant to section 15, only as a condition of agricultural preservation restrictions acquired after the effective date of this act.
 

RTA Accountability 2

SECTION 72.   There shall be a task force on regional transit authority performance and funding to: (i) evaluate how regional transit authorities can best provide and improve transit services that meet identified community needs: (ii) conduct regular service planning, recognizing the diverse service populations and makeup of different geographic regions, that maximizes ridership using available resources; and (iii) ensure that fares, local contributions and other own-source revenues cover an appropriate share of service costs. The task force shall consist of the following members or their designees: 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader of the house of representatives; 2 members of the senate, 1 of whom shall be appointed by the minority leader of the senate; the rail and transit administrator of the Massachusetts Department of Transportation who shall serve as chair; 3 persons to be appointed by the regional transit authority administrators, all of whom shall be former or current administrators of a regional transit authority; and 11 persons to be appointed by the governor, 3 of whom shall be former or current administrators of a regional transit authority, 2 of whom shall be an expert in bus service planning, 2 of whom shall be the chief elected official or city or town manager of a city or town served by a regional transit authority, 1 of whom shall be a representative of an employer or business organization served by a regional transit authority, 1 of whom shall serve on the advisory board of a regional transit authority as a representative of the rider community, 1 of whom shall serve on the advisory board of a regional transit authority as a representative of the disabled commuter population and 1 of whom shall be a representative of an organization that advocates for regional transit authority riders.

The task force shall make recommendations on and propose guidelines for the establishment of service standards, appropriate ridership, customer service, asset management and financial performance indicators and best practices for regional transit authorities. The recommendations and guidelines shall be used by a regional transit authority and the Massachusetts Department of Transportation to develop authority-specific memoranda of understanding under section 74. The task force shall file a report of its study and its recommendations with the clerks of the senate and house of representatives, the house and senate committees on ways and means, the joint committee on transportation and the secretary of transportation not later than November 1, 2018; provided, however, that the task force may make a draft report available to the public for comment before filing its final version.
 

Regional Transit Authorities 1

SECTION 73.   Notwithstanding any general or special law to the contrary, in fiscal year 2019, $88,000,000 shall be expended for regional transit authorities organized under chapter 161B of the General Laws or predecessor laws.
 

RTA MOU Funding

SECTION 74.   For fiscal year 2019, $4,000,000 of the amount required to be transferred to regional transit authorities under clause (2) of subsection (d) of section 2ZZZ of chapter 29 shall be conditioned on the execution of a memorandum of understanding by a regional transit authority, including but not limited to, regional transit authorities which the Massachusetts Department of Transportation has determined (i) provide best practice services or programs or (ii) seek to initiate, maintain or expand service to a priority population, and the Massachusetts Department of Transportation under the task force on regional transit authority performance and funding established under section 72. The memorandum of understanding shall incorporate appropriate ridership, customer service, asset management and financial performance indicators and best practices to ensure that the authority makes data-driven decisions with respect to its operation including, but not limited to, service and asset management. The memorandum of understanding shall certify that the regional transit authority did not sustain a budget deficit the prior year and that its budget for the current fiscal year is balanced. The Massachusetts Department of Transportation shall provide a copy of each memorandum of understanding upon execution to the chairs of the joint committee on transportation and the senate and house committees on ways and means.
 

RTA Accountability 3

SECTION 75.   Notwithstanding any general or special law to the contrary, for fiscal year 2019, $2,000,000 of the total amount made available in item 1595-6370 of section 2E shall be distributed by the Massachusetts Department of Transportation to regional transit authorities that have agreed to remedial plans. The plans shall include specific financial performance indicators and shall be designed to eliminate any unfunded deficits within 3 years and to forestall the reoccurrence of such deficits. The department shall submit a report to the senate and house chairs of the joint committee on transportation and the senate and house chairs of the joint committee on ways and means not later than March 15, 2019 on the fiscal health and remediation efforts of each regional transit authority that received funds pursuant to this section.
 

Brain Injury Commission

SECTION 76.   There shall be a special commission governed by section 2A of chapter 4 of the General Laws to: (i) review data concerning the epidemiology of brain injury and the needs of individuals with acquired brain injury and persons with traumatic brain injury and their families; (ii) analyze the current status of rehabilitative residential and integrated community-based support services for persons with acquired brain injury and persons with traumatic brain injury; and (iii) make recommendations regarding the improvement of such services.

The commission shall consist of the following members or their designees: 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 2 members of the senate, 1 of whom shall be appointed by the minority leader; the secretary of health and human services; the assistant secretary of the office of disabilities and community services; the commissioner of public health; the commissioner of the Massachusetts rehabilitation commission; the secretary of elder affairs; the secretary of veterans services; the executive director of the Brain Injury Association of Massachusetts, Inc.; and 8 persons to be appointed by the governor. The co-chairs of the commission shall be designated by the president of the senate and the speaker of the house.

The commission shall review the recommendations of the special commission established in section 160 of chapter 131 of the acts of 2010 and provide any updates to the recommendations. The commission shall also review the availability, nature and adequacy of the following services for the target population: (i) acute and long-term medical and cognitive rehabilitation and outpatient services; (ii) therapy services; (iii) residential nursing care; (iv) structured day treatment and day activity programs; (v) club programs; (vi) respite care services; (vii) community-based housing; (viii) home-based services; (ix) family support programs; (x) case management; (xi) companion services; (xii) personal care attendant services; (xiii) specialized medical equipment and supplies; (xiv) environmental modifications; (xv) counseling and training; and (xvi) prevocational services.

The commission shall file a report of its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the senate and the house of representatives and the chairs of the senate and house committees on ways and means not later than June 30, 2019. The report shall include, but not be limited to, findings regarding the cost of maintaining or establishing recommended services and the drafts of legislation shall include proposals to implement or allow for the development or expansion of services for the target population.
 

Education Transportation Commission

SECTION 77.   (a) There shall be a special commission governed by section 2A of chapter 4 of the General Laws to study and make recommendations to improve efficiencies relative to transportation for the following: students attending regional schools; students in special education out of district placements; students attending out of district vocational and technical schools; and students attending out of district agricultural schools; and any other student transportation the commission deems appropriate.

The commission shall consist of 1 member who shall be appointed by the senate president, who shall serve as co-chair; 1 member who shall be appointed by the minority leader of the senate; 1 member who shall be appointed by the speaker of the house of representatives, who shall serve as co-chair; 1 member who shall be appointed by the minority leader of the house of representatives; 1 person who shall be appointed by the secretary of education; 1 person who shall be appointed by the commissioner of elementary and secondary education; and 5 persons who shall be appointed by the governor, 1 of whom shall be a representative of the Massachusetts Association of Regional Schools, Inc., 1 of whom shall be a representative of the Massachusetts Association of School Committees, Inc., 1 of whom shall be a representative of the Massachusetts Association of School Business Officials, Inc., 1 of whom shall be a representative of the Massachusetts Association of School Superintendents, Inc., and 1 of whom shall be a representative of Massachusetts Association of Special Education Administrators. Members shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission. The commissioner of elementary and secondary education may furnish reasonable staff and other support for the work of the commission.

(b) The commission shall study and report on: (i) a review of methods districts use to transport said students, including current costs and bid processes in procuring transportation; (ii) a budget assessment for said costs; and (iii) recommendations for improving transportation services. The commission, in formulating its recommendations, shall take into account the best policies and practices in other states. The commission shall hold at least 5 public meetings and may hold hearings and other forums as it considers necessary.

(c) The commission shall file its report and recommendations with the clerks of the senate and the house of representatives who shall forward the same to the senate and house chairs of the joint committee on education not later than December 1, 2019.
 

State Police Hiring Commission

SECTION 78.   There shall be a special commission governed by section 2A of chapter 4 of the General Laws to review the hiring and promotion policies and practices of the state police. The commission shall consist of the house and senate chairs of the joint committee on public service, who shall serve as co-chairs of the commission; the house and senate chairs of the joint committee on public safety and homeland security; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the minority leader of the senate; the chair, or a designee of the following legislative caucuses: the Massachusetts Black and Latino Legislative Caucus, the Massachusetts Caucus of Women Legislators and the Massachusetts Asian-American Legislative Caucus; the colonel of state police or a designee; the secretary of veterans' services or a designee; the chair of the Massachusetts commission against discrimination or a designee; 1 member of the State Police Association of Massachusetts; and 1 representative of each of the following: the Massachusetts Association of Minority Law Enforcement Officers, Inc., the Massachusetts Association of Women in Law Enforcement, Inc., the Massachusetts Latino Police Officers Association, Inc. and the Benevolent Asian Jade Society of New England, Inc.

The commission shall examine state police recruitment, hiring, retention and promotion including, but not limited to: the relevancy of testing requirements to essential job functions; preferential treatment on the competitive examinations for initial enlistment and promotion; preferential treatment based on personal contacts; the impact of any criminal record on an applicant's candidacy; the collection, analysis and sharing of data on race, gender, gender identity and sexual orientation; and the role of the affirmative action office in hiring practices.

The commission shall recommend steps to increase transparency and accountability with respect to recruitment, hiring, retention and promotion decisions. The commission shall hold its first meeting not later than 30 days after the effective date of this act and shall meet not less frequently than monthly thereafter. The commission shall submit a report of its investigation and study and it recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect by filing the same with the clerks of the house of representatives and the senate not later than December 31, 2018.
 

Early Ed Workforce Council

SECTION 79.   There shall be an early education and care workforce council to make recommendations on improving and enhancing professional development and higher education opportunities necessary for the growth and stability of a high quality early education and care workforce.

The council shall consist of at least 3 persons to be appointed by the speaker of the house of representatives; 1 person to be appointed by the minority leader of the house of representatives; 3 persons to be appointed by the president of the senate; 1 person to be appointed by the minority leader of the senate; the commissioner of higher education or a designee; the secretary of labor and workforce development or a designee; and 1 person from each of the following organizations: the Massachusetts Association of Early Education and Care, the Massachusetts community colleges executive office, the president of a community college or a designee, the Massachusetts Head Start Association, Inc., the Massachusetts Association for the Education of Young Children, Inc., the Massachusetts Association of Early Childhood Teacher Educators, the Massachusetts Business Alliance for Education, Inc., Strategies for Children, Inc., the Alliance of Massachusetts YMCAs, Inc., the United Way of Massachusetts Bay, Inc., the Massachusetts Business Roundtable, the Alliance for Business Leadership, Inc., a representative of SEIU Local 509 and a representative of a family child care provider chosen by the commissioner of early education and care.

Additional council members may be added to the council upon the recommendation of the commissioner of early education and care and the approval of the board of early education and care. All additional appointees shall have a special expertise or interest in early childhood education and workforce training and professional development and shall include a mix of representatives of the early childhood community, the civic, labor and business communities, academics, teachers, social service providers and health care providers.

Members shall not, by virtue of their membership, be considered state employees under chapter 268A. The members of the council shall serve without compensation but may be reimbursed, subject to appropriation, for expenses necessarily and reasonably incurred in the performance of their responsibilities. Members shall be appointed for a term of 3 years. No member shall serve for more than 2 consecutive terms. The council shall hold its first meeting not later than 60 days after the effective date of this act and shall meet not less than 4 times annually.

The commissioner of early education and care shall consult with the council on the establishment of professional development and higher education opportunities for early educators that focuses on the unique needs and challenges of providing career advancement and support for the early education and care workforce.

The council may review and offer comments on any rules or regulations before promulgation by the board and may, from time to time, make recommendations to the board that it considers appropriate for changes and improvements in early education and care professional development, training and career support.
 

Minimum Standards for Tax Preparers

SECTION 80.   The department of revenue shall develop regulations to establish minimum competency standards for compensated tax preparers. At least 10 days prior to promulgating such regulations, the department of revenue shall submit a report to clerks of the senate and house of representatives, the joint committee on revenue and the joint committee on consumer protection and professional licensure regarding their findings, including any feedback provided at public hearings and during the notice and comment period.
 

Language Interpreters Study

SECTION 81.   There shall be a task force to study and develop recommendations on the training and certification of language interpreters in educational settings to improve language access for limited English proficient parents. The task force shall consist of the following members or their designees: the commissioner of elementary and secondary education, who shall serve as chair; the executive director of the Massachusetts Association of School Superintendents, Inc.; the executive director of the Massachusetts Administrators for Special Education; and 5 persons to be appointed by the commissioner of elementary and secondary education, 1 of whom shall be a representative from a professional educational interpreters program at a university in the commonwealth, 1 of whom shall be a representative from the Massachusetts chapter of the Multistate Association for Bilingual Education, 1 of whom shall be a representative from Massachusetts Advocates for Children, Inc. and 2 of whom shall be parents designated by The Federation for Children with Special Needs, Inc.

The task force shall: (i) research the knowledge, skills and competencies necessary to serve as an interpreter in school settings including, but not limited to, language proficiency, knowledge of education-specific terminology and concepts, confidentiality and ethics of interpreting and an understanding of the role and function of an interpreter; (ii) investigate existing interpreter training programs and report on any changes to such programs that are necessary to appropriately train interpreters working in school settings; and (iii) research existing interpreter assessments, certifications and credentials and report on changes needed to assess, certify or credential interpreters working in school settings.

The task force shall apply its findings to develop recommendations on the following: (i) the knowledge, skill and competency requirements necessary to serve as an interpreter in school settings; (ii) the training, assessment and certification of interpreters in school settings; and (iii) endorsements, certifications, credentials or assessments, if any, that should be established by the board of elementary and secondary education to ensure a reasonable supply of qualified interpreters for use in school settings.

Not later than December 31, 2018, the task force shall submit a report on the results of its investigation and study and its recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the senate and house of representatives and the chairs of the joint committee on education.
 

Cambridge District Court Report

SECTION 82.   The court administrator of the executive office of the trial court shall submit a report not later than December 31, 2018 to the clerks of the senate and house of representatives and the joint committee on the judiciary outlining the plan and projected timeframe for relocating the Cambridge district court from the city of Medford to the city of Cambridge.
 

Sheffield Highway Naming

SECTION 83.   The section of United States highway Route 7 in the town of Sheffield beginning at the intersection of United States highway Route 7 and Silver street and ending at the former home of attorney Theodore Sedgwick located at 126 United States highway Route 7 in Sheffield shall be designated and known as the Elizabeth Mumbet Freeman Highway to Freedom, in recognition of Elizabeth Mumbet Freeman, the first African-American woman to fight for her freedom through the Massachusetts judicial system and successfully claim her rights under the Massachusetts constitution in 1781, setting a precedent for the abolition of slavery in the commonwealth. The Massachusetts Department of Transportation shall erect and maintain suitable markers bearing said designation in compliance with the standards of the department.
 

Regional Tourism Grant Distribution Date

SECTION 84.   Grants allocated to regional tourism councils through the Massachusetts Tourism Trust Fund established in section 13T in chapter 23A of the General Laws shall be distributed not later than September 1st of the fiscal year in which they are allocated.
 

Rep. Carridi Mt. Greylock Visitor Center Naming

SECTION 85.   The Mount Greylock Visitor Center, located at Mount Greylock State Reservation, that is under the care and control of the department of conservation and recreation, shall be designated and known as the "Representative Gailanne M. Cariddi Visitor Center" in recognition of Representative Gailanne M. Cariddi's work in preserving the Mount Greylock Reservation for the people of the commonwealth. The department of conservation and recreation shall erect and maintain a suitable marker bearing that designation in compliance with the standards of the department.
 

Gaming Revenues

SECTION 86.   Notwithstanding any general or special law to the contrary, in fiscal year 2019, the amount of category 1 gaming revenue specified in subclause (j) of clause (2) of section 59 of chapter 23K of the General Laws shall be credited to the Commonwealth Transportation Fund established in section 2ZZZ of chapter 29 of the General Laws.
 

MBTA Commuter Rail Fare Study

SECTION 87.   The Massachusetts Department of Transportation shall complete a comprehensive review and study of the current methods utilized to set fare rates on the Massachusetts Bay Transportation Authority commuter rail. The study shall include, but not be limited to, an examination of: (i) the fairness and equity of the current distance based fare system that utilizes fare zones; (ii) pricing based on track distance from the terminal station; (iii) the impacts of commuter rail fare price on passengers' transportation choices, considering frequency of service, travel time and parking costs, between commuter rail, motor vehicle transportation, public bus and subway service; (iv) the potential for lower interzone fares to encourage ridership outside core central stations; (v) the potential for discounted fares for riders in gateway cities or similarly situated municipalities; and (vi) the potential for utilizing a variable pricing system based on the time of day.

To complete the study, the department shall utilize, to the extent possible, updated passenger counts at all commuter rail stations for the most recent calendar year, including data collected using an automated passenger count system from all commuter rail cars. The Massachusetts Bay Transportation Authority shall use the outcome of the study and the data collection to inform fare policy decisions. The department shall submit a written report of its findings, including recommendations, with the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on transportation not later than January 1, 2019.
 

SDO Disability Pilot Program

SECTION 88.   Notwithstanding any general or special law to the contrary, the supplier diversity office, in consultation with the Massachusetts office on disability, shall establish a pilot program with a utilization, contract-based goal of 7 per cent for the inclusion of qualified individuals with disabilities in any state contract for 3 services to be specified by the supplier diversity office that may include, but shall not be limited to: (i) janitorial and custodial services; (ii) landscaping services; (iii) mail room services; (iv) food services; (v) fleet management; (vi) manufacturing; (vii) trash removal; (viii) document destruction; (ix) electronic scanning of documents; and (x) facilities management services which shall include, but not be limited to, HVAC services, painting, emergency repair services and snow removal. The pilot program shall promote the recruitment, hiring, promotion and retention of individuals with disabilities and assist state contractors in evaluating and measuring levels of success in the recruitment, hiring, promotion and retention of individuals with disabilities. The utilization goal shall not be used as a quota, limit or restriction on the employment of individuals with disabilities.

For the purposes of the pilot program: (i) contractors shall apply the utilization goal to the direct workforce needs of the awarded contract or to the entire workforce of the contractor if the contractor has 50 or fewer employees; and (ii) a qualified individual shall have the same meaning as set forth in 41 C.F.R. 60-741.2. The pilot program shall not apply to existing state contracts.

The pilot program shall be established not later than September 1, 2018. Not later than September 1, 2019, the supplier diversity office shall file an interim report on the progress of the pilot program. An additional final report shall be filed not later than 180 days after the completion of the pilot program. The reports shall be filed with the clerks of the senate and house, the chairs of the senate and house committees on ways and means, the chairs of the joint committee on state administration and regulatory oversight and the chairs of the joint committee on children, families and persons with disabilities.
 

Department of Correction and Sheriff Funding Commission

SECTION 89.   There shall be a special commission governed by section 2A of chapter 4 of the General Laws to conduct a comprehensive study to evaluate and make recommendations regarding the appropriate level of funding for the department of correction and each sheriff's department. The commission shall consist of: 2 persons to be appointed by the president of the senate, 1 of whom shall serve as co-chair of the commission; 2 persons to be appointed by the speaker of the house of representatives, 1 of whom shall serve as co-chair of the commission; 1 person to be appointed by the minority leader of the senate; 1 person to be appointed by the minority leader of the house of representatives; the secretary of public safety and security or a designee; the commissioner of correction or a designee; the secretary of administration and finance or a designee; 2 persons to be appointed by the Massachusetts Sheriffs' Association; and 8 persons to be appointed by the governor, 1 of whom shall be nominated by the Massachusetts Institute for a New Commonwealth, Inc., 1 of whom shall be nominated by the Pioneer Institute, Inc., 1 of whom shall be nominated by Prisoners' Legal Services, 1 of whom shall be nominated by the Massachusetts Bar Association, 1 of whom shall be nominated by the National Correctional Employees Union, Inc., 1 of whom shall be nominated by the Boston Bar Association, and 1 of whom shall be employed by a public or private institution of higher education with an expertise in criminology and criminal justice.

The study shall include, but not be limited to: (i) a review of staffing ratios and employee costs in each state prison and house of correction; (ii) an examination of potential ways to increase efficiencies and reduce fixed costs in state prisons and houses of correction; (iii) an analysis of the amount spent by the department of correction and each sheriff's department on mental health and substance abuse services and the appropriate levels of funding necessary to meet the service needs of incarcerated people; (iv) a review of all discretionary programming offered in state prisons and houses of correction, including an analysis of geographical disparities in discretionary programming; (v) an analysis of chapter 69 of the acts of 2018, its impacts on state prisons and houses of correction and best practices to implement its requirements; (vi) a review of the physical assets, infrastructure, buildings and communications equipment owned by each sheriff's department and state prison; and (vii) a review of the funding sources for the department of correction and each sheriff's department, including appropriations from the commonwealth, commissary charges, prison industries, trust fund accounts, intermunicipal agreements, other inmate fees and expenses and other sources of revenue.

The study shall include data for each state prison and house of correction relative to inmate population, costs per inmate, as defined by the commission, health care expenses, payroll expenses, including payroll spending on care and custody personnel, and expenses on programming for recidivism reduction, including case management, reentry support, behavioral health counseling, education and vocational or workforce development programs. The report shall include data for the previous 5 fiscal years, the current fiscal year, and projected data for fiscal year 2020 and fiscal year 2021.

The commission shall compare existing funding levels and expenses at each state prison and house of correction and include a recommendation for an appropriate level or allocation of funding. The commission shall recommend targeted solutions for each state prison and house of correction to reduce spending if actual spending is above the recommended level. The commission may recommend bifurcating the funding line items for prison facilities to better identify the funding for: (i) fixed costs and payroll spending on care and custody personnel; and (ii) funding for programming on recidivism reduction.

The commission shall propose a funding formula for the department of correction and each sheriff's department based, in part, on the number of people in their custody and control and the utilization of best practices in recidivism reduction to safely reduce the population of incarcerated people. The proposed funding formula shall, to the extent possible, increase the percentage of spending on evidence-based recidivism reduction programming and reduce or mitigate projected spending increases.

The commission shall have access to data, documents and information necessary for the performance of the commission's duties under this section. The commission may request, and the department of correction and each sheriff's department shall provide, any such data, documents or information; provided, however, that nonpublic information shall be provided in an aggregate and de-identified form; and provided further, that the commission, in collaboration with the department of correction and the sheriff departments, shall adopt policies and procedures to ensure the confidentiality of personal information.

The commission shall submit a written report of its findings, including legislative and budgetary recommendations, with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on public safety and homeland security not later than September 1, 2019.
 

Pension Cost of Living Adjustment

SECTION 90.   Notwithstanding any general or special law to the contrary, the amounts transferred pursuant to subdivision (1) of section 22C of chapter 32 of the General Laws shall be made available for the Commonwealth's Pension Liability Fund established in section 22 of said chapter 32. The amounts transferred pursuant to said subdivision (1) of said section 22C of said chapter 32 shall meet the commonwealth's obligations pursuant to said section 22C of said chapter 32, including retirement benefits payable by the state employees' retirement system and the state teachers' retirement system, for the costs associated with a 3 per cent cost-of-living adjustment pursuant to section 102 of said chapter 32, for the reimbursement of local retirement systems for previously authorized cost-of-living adjustments pursuant to said section 102 of said chapter 32 and for the costs of increased survivor benefits pursuant to chapter 389 of the acts of 1984. The state board of retirement and each city, town, county and district shall verify these costs, subject to rules that shall be adopted by the state treasurer. The state treasurer may make payments upon a transfer of funds to reimburse certain cities and towns for pensions of retired teachers, including any other obligation that the commonwealth has assumed on behalf of a retirement system other than the state employees' retirement system or state teachers' retirement system, including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32. The payments under this section shall be made only pursuant to distribution of money from the Commonwealth's Pension Liability Fund and any distribution, and the payments for which distributions are required, shall be detailed in a written report filed quarterly by the secretary of administration and finance with the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on public service in advance of the distribution. Distributions shall not be made in advance of the date on which a payment is actually to be made. If the amount transferred pursuant to said subdivision (1) of said section 22C of said chapter 32 exceeds the amount necessary to adequately fund the annual pension obligations, the excess amount shall be credited to the Pension Reserves Investment Trust Fund established in subdivision (8) of said section 22 of said chapter 32 to reduce the unfunded pension liability of the commonwealth.
 

Health Safety Net Administration

SECTION 91.   Notwithstanding any general or special law to the contrary, a payment from the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws may be made as a safety net care payment under the commonwealth's waiver pursuant to section 1115 of the federal Social Security Act, 42 U.S.C. 1315 or as an adjustment to service rate payments under Title XIX and XXI of the Social Security Act or a combination of both. Other federally permissible funding mechanisms available for certain hospitals, as defined by regulations of the executive office of health and human services, may be used to reimburse up to $70,000,000 of uncompensated care pursuant to sections 66 and 69 of said chapter 118E using sources distinct from the funding made available to the Health Safety Net Trust Fund.
 

Initial Gross Payments to Qualifying Acute Care Hospitals

SECTION 92.   Notwithstanding any general or special law to the contrary, not later than October 1, 2018 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws the greater of $45,000,000 or 1/12 of the total expenditures to hospitals and community health centers required pursuant to this act, to make initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2018. The payments shall be made to hospitals before, and in anticipation of, the payment by hospitals of their gross liability to the Health Safety Net Trust Fund. The comptroller shall transfer from the Health Safety Net Trust Fund to the General Fund, not later than June 30, 2019, the amount of the transfer authorized by this section and any allocation of that amount as certified by the director of the health safety net office.
 

Inspector General's Health Care Audits

SECTION 93.   Notwithstanding any general or special law to the contrary, in hospital fiscal year 2019, the office of the inspector general may expend a total of $1,000,000 from the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws for costs associated with maintaining a health safety net audit unit within the office. The unit shall continue to oversee and examine the practices in hospitals including, but not limited to, the care of the uninsured and the resulting free charges. The unit shall also study and review the Medicaid program under said chapter 118E including, but not limited to, a review of the program's eligibility requirements, utilization, claims administration and compliance with federal mandates. The inspector general shall submit a report to the chairs of the senate and house committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2019.
 

MassHealth Dental Coverage

SECTION 94.   Notwithstanding section 53 of chapter 118E of the General Laws, for fiscal year 2019, the executive office of health and human services may determine, subject to required federal approvals, the extent to which to include within its covered services for adults the federally-optional dental services that were included in its state plan or demonstration program in effect on January 1, 2002; provided, however, that dental services for adults enrolled in MassHealth shall be covered at least to the extent they were covered as of January 1, 2018, and provided further, that notwithstanding any general or special law to the contrary, at least 45 days before restructuring any MassHealth dental benefits, the executive office of health and human services shall file a report with the executive office for administration and finance and the house and senate committees on ways and means detailing the proposed changes and the anticipated fiscal impact of the changes.
 

Nursing and Resident Care Facility Base Year

SECTION 95.   Notwithstanding any general or special law to the contrary, nursing facility and resident care facility rates effective October 1, 2018 under section 13D of chapter 118E of the General Laws may be developed using the costs of calendar year 2007, or any subsequent year that the secretary of health and human services may select in the secretary's discretion.
 

Transfers between Health Funds

SECTION 96.   (a) Notwithstanding any general or special law to the contrary, the executive office for administration and finance shall transfer up to $15,000,000 from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29 of the General Laws to the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws.

(b) The transfer required from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund under subsection (b) of section 189 of chapter 149 of the General Laws shall not apply in fiscal year 2019.
 

Trial Court Transferability

SECTION 97.   Notwithstanding clause (xiii) of the third paragraph of section 9A of chapter 211B of the General Laws or any other general or special law to the contrary, the court administrator may, from the effective date of this act to April 30, 2019, inclusive, transfer funds from any item of appropriation within the trial court; provided, however, that the court administrator shall not transfer more than 5 per cent of funds from items 0339-1001 or 0339-1003 to any other item of appropriation within the trial court. The transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. The schedules shall include: (i) the amount of money transferred from any item of appropriation to any other item of appropriation; (ii) the reason for the necessity of the transfer; and (iii) the date on which the transfer shall be completed. A transfer under this section shall not occur until 10 days after the revised funding schedules have been submitted in writing to the house and senate committees on ways and means.
 

Other Post-Employment Benefits Liability

SECTION 98.   (a) Notwithstanding any general or special law to the contrary, the unexpended balances in items 0699-0015 and 0699-9100 of section 2 shall be deposited into the State Retiree Benefits Trust Fund established in section 24 of chapter 32A of the General Laws before the certification of the fiscal year 2019 consolidated net surplus under section 5C of chapter 29 of the General Laws. The amount deposited shall be an amount equal to 10 per cent of all payments received by the commonwealth in fiscal year 2019 under the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et al., Middlesex Superior Court, No. 95-7378; provided, however, that if in fiscal year 2018 the unexpended balances of said items 0699-0015 and 0699-9100 of said section 2 are less than 10 per cent of all payments received by the commonwealth in fiscal year 2019 under the master settlement agreement payments, an amount equal to the difference shall be transferred to the State Retiree Benefits Trust Fund from payments received by the commonwealth under the master settlement agreement.

(b) Notwithstanding any general or special law to the contrary, the payment percentage set forth in section 152 of chapter 68 of the acts of 2011 shall not apply in fiscal year 2019.
 

FY18 Community Preservation CNS

SECTION 99.   Notwithstanding any general or special law to the contrary, prior to transferring the consolidated net surplus in the budgetary funds to the Commonwealth Stabilization Fund pursuant to section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2018 as follows: $10,000,000 to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws; provided however if less than $10,000,000 is available in the surplus in the budgetary funds the comptroller shall transfer the entire amount of the surplus.
 

Special Needs Programs Out-of-District Tuition

SECTION 100.   Notwithstanding any general or special law to the contrary, the bureau of purchased services in the operational services division shall determine prices for programs under chapter 71B of the General Laws in fiscal year 2019 by increasing the final fiscal year 2018 price by the rate of inflation as determined by the division. The division shall adjust prices for extraordinary relief pursuant to subsection (4) of 808 CMR 1.06. The division shall accept applications for program reconstruction and special circumstances in fiscal year 2019. The division shall authorize the annual price for out-of-state purchasers requested by a program, not to exceed a maximum price determined by the bureau, by identifying the most recent price calculated for the program and applying the estimated rate of inflation for each year, as determined by the bureau under section 22N of chapter 7 of the General Laws, in which the rate of inflation is frozen beginning with fiscal year 2004, in a compounded manner for each fiscal year.
 

Berkshire Rail Study

SECTION 101.   There shall be a transportation subcommittee convened in the working group convened pursuant to section 137 of chapter 47 of the acts of 2017 to identify and evaluate the issues, benefits and challenges of creating a seasonal rail service between New York City and the county of Berkshire.

The subcommittee's responsibilities shall include, but not be limited to: (i) identifying and evaluating the issues, costs, needs and benefits of existing and non-existing transportation alternatives in the county of Berkshire for visitors that arrive from New York City at the Joseph Scelsi intermodal transportation center in the city of Pittsfield; (ii) making recommendations to improve ground transportation alternatives for riders who arrive at the intermodal center in the city of Pittsfield to ensure that Berkshire Flyer riders have reasonable access to transportation options to arrive at their next point of destination in the Berkshires; (iii) collaborating with representatives from the ride-sharing industry and other public and private transportation providers in the county of Berkshire to develop those transportation alternative recommendations; (iv) collecting and evaluating data on ridership from New York City to the city of Pittsfield; (v) developing a marketing strategy, in collaboration with individuals and businesses who are employed in the hospitality industry and transportation industry, to promote the seasonal rail service between New York City and the Berkshires; and (vi) identifying and developing private partnerships to potentially support a pilot season of passenger rail service in calendar year 2020. The first meeting of the subcommittee shall take place not later than September 1, 2018.

Members of the subcommittee shall include, but shall not be limited to: a designee of 1Berkshire Strategic Alliance, Inc., who shall serve as co-chair; a designee of the Berkshire regional planning commission, who shall serve as co-chair; a designee of the secretary of housing and economic development; a designee of the secretary of transportation from the rail and transit division; a designee of the Berkshire regional transit authority; not less than 3 designees from the hospitality industry in county of Berkshire, who shall be appointed by the co-chairs; a designee of the department of community development of the city of Pittsfield; an elected municipal official from the southern part of the county of Berkshire, who shall be appointed by the co-chairs; an elected municipal official from the northern part of the county of Berkshire, who shall be appointed by the co-chairs; a designee of the president of Berkshire County Board of Realtors, Inc.; a designee of the senator from the Berkshire, Hampshire, Franklin and Hampden district established under section 3 of chapter 57 of the General Laws; and existing rail service stakeholders, as deemed necessary by the co-chairs.

The subcommittee shall file a report of their findings and recommendations with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on tourism, arts and cultural development, the joint committee on transportation and the Massachusetts Department of Transportation not later than March 1, 2019.
 

Small Bridges Study

SECTION 102.   The Massachusetts Department of Transportation, in conjunction with the executive office of energy and environmental affairs, shall convene a working group to identify and evaluate the costs and benefits of existing environmental rules and regulations, engineering standards and permitting processes and their impact on the replacement or repair of deteriorated or substandard culverts and small bridges that measure less than 20 feet wide. The working group shall make recommendations to implement cost-effective policies and procedures for the replacement or repair of such culverts and small bridges in an expedited manner and to make improvements in storm resiliency and natural resource connectivity that studies the degrees of risk, ecological value, cost and efficient permitting.

The working group shall include, but shall not be limited to: the secretary of transportation or a designee, who shall serve as co-chair; the secretary of energy and environmental affairs or a designee, who shall serve as co-chair; the commissioner of revenue or a designee; the secretary of public safety and security or a designee; a designee of the rural policy advisory commission; a designee of the Massachusetts Highway Association; a designee of the Massachusetts Municipal Association, Inc.; a designee of the Massachusetts Association of Conservation Commissions, Inc.; a designee of an environmental consulting firm that assists municipalities in obtaining environmental permits for culvert and small bridge replacements; a designee of the American Council of Engineering Companies of Massachusetts with experience in the design of culverts and small bridges; a designee of the Massachusetts Audubon Society, Inc.; a designee of the Massachusetts Taxpayers Foundation, Inc.; provided, that the secretary of energy and environmental affairs or the designee shall consult with their departments and agencies on regulations relating to culverts and small bridges as the working group develops new rules and regulations. The working group shall hold its first meeting not later than October 1, 2018.

The working group shall submit its findings to the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means, the chairs of the joint committee on environment, natural resources and agriculture and the chairs of the joint committee on transportation not later than March 1, 2019.
 

Concrete Study

SECTION 103.   There shall be a special commission, governed by section 2A of chapter 4 of the General Laws, to study the financial and economic impacts of crumbling concrete foundations due to the presence of pyrrhotite.

The commission shall consist of: 1 person to be appointed by the president of the senate, who shall serve as co-chair; 1 person to be appointed by the speaker of the house of representatives, who shall serve as co-chair; 1 person to be appointed by the minority leader of the senate; 1 person to be appointed by the minority leader of the house of representatives; the attorney general or a designee; the secretary of public safety and security or a designee; the commissioner of insurance or a designee; and 7 persons to be appointed by the governor, 1 of whom shall be nominated by the Massachusetts Municipal Association, Inc., 1 of whom shall be nominated by the Massachusetts Concrete & Aggregate Producers Association, Inc., 1 of whom shall be nominated by the Massachusetts Insurance Federation, Inc., 1 of whom shall be nominated by the Massachusetts Association of Realtors, 1 of whom shall be nominated by The Real Estate Bar Association for Massachusetts, Inc. and 2 of whom shall be residents of municipalities in which crumbling concrete foundations that have deteriorated due to the presence of pyrrhotite have been found.

The study shall include, but not be limited to: (i) an examination of the degree to which concrete foundations are crumbling due to the presence of pyrrhotite in the commonwealth; (ii) a review of the affected locations within the commonwealth; (iii) an estimate of the total cost to fully restore concrete foundations damaged due to the presence of pyrrhotite; (iv) an analysis of the effect that the presence of pyrrhotite has on property values and the resulting fiscal impact on property tax revenues; (v) an analysis of the impact on the real estate industry; (vi) a review of best practices undertaken in other states to deal with crumbling foundations that have deteriorated due to the presence of pyrrhotite; and (vii) an examination of potential remedies for residential homeowners affected by crumbling foundations that have deteriorated due to the presence of pyrrhotite. The commission shall meet not less than 4 times and shall conduct at least 1 public hearing in a region where concrete foundations have deteriorated due to the presence of pyrrhotite.

The commission shall submit the results of its study and its recommendations, including drafts of legislation necessary to care those recommendations into effect, by filing the same with the clerks of the house of representatives and the senate, the joint committee on consumer protection and professional licensure and the house and senate committees on ways and means not later February 1, 2019.
 

Congestion Pricing Pilot Program

SECTION 104.   The Massachusetts Department of Transportation shall design and implement a temporary pilot program to test the technological feasibility of charging toll rates that are different depending on the time of day, with the goal of relieving congestion for motorists. The program shall not result in a toll rate increase on any road or driver and shall include a discount structure, including off-peak discounts of not less than 25 per cent. Only vehicles with transponders issued by the commonwealth shall be eligible for such discounts. The pilot program shall commence not later than March 31, 2019.

The Massachusetts Department of Transportation shall issue a report on the results of the pilot program including, but not limited to: (i) the scope of the pilot program; (ii) implementation challenges and lessons learned; (iii) data on customer participation and customer satisfaction; (iv) an analysis of how the pilot program compared to smarter tolling policies in other states and regions; and (v) an analysis of how tolling policies can be used to alleviate congestion on roadways and propose next steps toward implementation. Not later than 60 days after the conclusion of the program, the report shall be filed with the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on transportation.
 

Juvenile Court Special Findings 2

SECTION 105.   Section 39M of chapter 119 of the General Laws shall apply: (i) to all requests for special findings as described in the first paragraph of subsection (b) of said section 39M of said chapter 119 pending in a juvenile court as of March 4, 2016 or commenced on or after March 4, 2016; and (ii) retroactively to any special findings issued that form the basis of a child's petition for special immigrant juvenile classification if that petition is subject to denial or revocation based on the child's dependency status or age when the special findings were issued.
 

Department of Public Utilities Trust Funds 2

SECTION 106.   The application fees required to be credited to the Department of Public Utilities Energy Facilities Siting Board Trust Fund under section 12Q of chapter 25 of the General Laws and the Department of Public Utilities Unified Carrier Registration Trust Fund under section 12R of said chapter 25 shall apply to the application fees collected by the department prior to fiscal year 2019 and application fees collected in fiscal year 2019 and thereafter.
 

LGBT Elders and Caregivers Curriculum 2

SECTION 107.   The department of elder affairs shall complete the training curriculum established pursuant to section 13 not later than 9 months after the effective date of this act.
 

Office of Health Equity First Annual Report

SECTION 108.   The first annual health disparities report required to be filed by the office of health equity pursuant to section 16AA of chapter 6A of the General Laws shall be filed not later than July 1, 2019.
 

APR Effective Dates I

SECTION 109.   Sections 17 to 19, inclusive, shall take effect on August 1, 2019.
 

APR Effective Dates II

SECTION 110.   Section 20 shall take effect on January 1, 2019.
 

Earned Income Tax Credit Increase Effective Date

SECTION 111.   Section 30 shall take effect on January 1, 2019 and shall apply to tax years beginning on or after January 1, 2019.
 

TAFDC Child of Record 9

SECTION 112.   Sections 39, 52, 54, 56 and 58 to 60, inclusive, shall take effect on January 1, 2019.
 

Effective Date

SECTION 113.   Except as otherwise specified, this act shall take effect on July 1, 2018.