Sections 4-149 All Outside Sections
Section 4: Commission on the Status of Asian Americans and Pacific Islanders
Chapter 3 of the General Laws is hereby amended by striking out section 68, as most recently amended by section 5 of chapter 227 of the acts of 2020, and inserting in place thereof the following section:-
Section 68. (a) There shall be a permanent commission on the status of Asian Americans and Pacific Islanders which shall consist of 21 persons as follows: 3 persons to be appointed by the governor; 3 persons to be appointed by the speaker of the house of representatives; 3 persons to be appointed by the president of the senate; 3 persons to be appointed by the state treasurer; 3 persons to be appointed by the state secretary; 3 persons to be appointed by the attorney general; and 3 persons to be appointed by the state auditor. Members of the commission shall be residents of the commonwealth who have demonstrated a commitment to the Asian-American and Pacific Islander community. Members shall be subject to chapter 268A as it applies to special state employees.
(b) Members shall serve for terms of 3 years and until their successors are appointed. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. All appointments shall be made in consultation with Asian-American and Pacific Islander organizations. Nominations for members shall be solicited by the appointing authorities between August 1 and September 16 of each year through an open application process using a uniform application that is widely distributed throughout the commonwealth.
(c) The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it considers necessary. The members of the commission shall receive no compensation for their services, but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.
(d) The commission shall be a resource to the commonwealth on issues affecting Asian-American and Pacific Islander communities. In furtherance of that responsibility, the commission shall:
(1) promote research and be a clearinghouse and source of information on issues pertaining to Asian Americans and Pacific Islanders in the commonwealth;
(2) inform the public and leaders of business, education, human services, health care, state and local governments and the communications media of the unique cultural, social, ethnic, economic and educational issues affecting Asian Americans and Pacific Islanders in the commonwealth;
(3) foster unity among Asian-American and Pacific Islander communities and organizations in the commonwealth by promoting cooperation and sharing of information and encouraging collaboration and joint activities;
(4) serve as a liaison between government and private interest groups with regard to matters of unique interest and concern to Asian Americans and Pacific Islanders in the commonwealth;
(5) identify opportunities to expand and improve commercial and cultural ties with Asian and Pacific Island nations;
(6) identify and recommend qualified Asian Americans and Pacific Islanders for appointive positions at all levels of government, including boards and commissions, as the commission considers necessary and appropriate;
(7) assess the effect on Asian Americans and Pacific Islanders of programs and practices in all state agencies, as the commission considers necessary and appropriate;
(8) advise executive and legislative bodies on the potential effect on Asian Americans and Pacific Islanders of proposed legislation, as the commission considers necessary and appropriate; and
(9) generally undertake activities designed to enable the commonwealth to realize the full benefit of the skills, talents and cultural heritage of Asian Americans and Pacific Islanders in the commonwealth.
(e) The commission shall annually, not later than June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the senate and house of representatives.
(f) The powers of the commission shall include, but not be limited, to:
(1) using voluntary and uncompensated services of private individuals, agencies and organizations that may from time to time be offered and needed, including provision of meeting places and refreshments;
(2) holding regular, public meetings and fact-finding hearings and other public forums as it considers necessary;
(3) directing a staff to perform its duties;
(4) establishing and maintaining offices that it considers necessary, subject to appropriation;
(5) enacting by-laws for its own governance that are not inconsistent with any general or special law; and
(6) making policy recommendations to agencies and officers of the state and local subdivisions of government to effectuate the purposes of subsection (d).
(g) The commission may request from all state agencies such information and assistance as the commission requires.
(h) The commission may accept and solicit funds, including any gifts, donations, grants, or bequests, or any federal funds for any of the purposes of this section. These funds shall be deposited in a separate account with the state treasurer, be received by the treasurer on behalf of the commonwealth and be expended by the commission in accordance with law.
(i) The commission staff shall consist of an executive director, employees and volunteers who assist the commission in effecting its statutory duties. The commission shall appoint the executive director for a term of 3 years.
Section 5: Overdose Awareness Day
Chapter 6 of the General Laws is hereby amended by inserting after section 15LLLLLL the following section:-
Section 15MMMMMM. The governor shall annually issue a proclamation setting apart August 31 as Overdose Awareness Day and shall recommend that the day be observed in an appropriate manner by the people.
Section 6: Hate Crimes Task Force
Said chapter 6 is hereby further amended by adding the following section:-
Section 221. (a) There shall be a task force on hate crimes. The task force shall consist of: the secretary of public safety and security or a designee, who shall serve as co-chair; 1 member appointed by the attorney general; 19 members appointed by the governor, 2 of whom shall be representatives of victim assistance agencies, 4 of whom shall be advocates for communities affected by hate crimes, 2 of whom shall be a representatives from district attorneys' offices, 2 of whom shall be representatives from state, local or university police departments, 1 of whom shall be an educator, 1 of whom shall be a student and 2 of whom shall be persons with expertise or experience in hate crimes issues; the chairs of the joint committee on the judiciary or their designees; the chairs of the joint committee on racial equity, civil rights, and inclusion or their designees; 1 member appointed by the minority leader of the senate; and 1 member appointed by the minority leader of the house of representatives. One of the persons appointed by the governor shall be designated by the governor to serve as co-chair.
(b) The task force shall advise on: (i) issues relating to hate crimes, including the prevalence of hate crimes; (ii) ways to prevent hate crimes; and (iii) how to best support the victims of hate crimes.
(c) The task force shall: (i) promote full and effective cooperation and coordination among law enforcement agencies and communities affected by hate crimes to improve prevention, investigation and prosecution of hate crimes; (ii) develop best practices related to technical assistance for school districts that may seek to incorporate hate crime education into their curricula; (iii) recommend policies, procedures and programs to ensure state and local governments provide enhanced support for victims of hate crimes and their communities; (iv) encourage and assist law enforcement agencies in reporting hate crimes pursuant to sections 32 to 35, inclusive, of chapter 22C, including assistance in gathering, analyzing and publishing hate crime reports; (v) encourage law enforcement agencies to better enforce section 39 of chapter 265; and (vi) recommend any appropriate legislation, regulations, policies or procedures to better combat hate crimes.
(d) The task force shall meet not less than quarterly at the direction of the co-chairs.
(e) Annually, not later than December 31, the task force shall submit a report to the governor, the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on the judiciary and the joint committee on public safety and homeland security. The report shall address the mission of the task force, targeted objectives, options, recommended actions and metrics to measure the effect of such recommendations on hate crimes. The report may also include any recommended legislation, regulations, policies or procedures to better combat hate crimes.
(f) The co-chairs may establish subcommittees comprised of members of the task force and nonmembers drawn from various groups and organizations with expertise or experience in hate crimes issues.
Section 7: Student Opportunity Act Investment Fund
Chapter 10 of the General Laws is hereby amended by inserting after section 35PPP the following 2 sections:-
Section 35QQQ. (a) There shall be established and set up on the books of the commonwealth a Revere Beach Reservation Trust Fund to be expended, without further appropriation, by the secretary of energy and environmental affairs for the long-term preservation, maintenance, nourishment and public safety of Revere beach in the city of Revere. Any balance in the fund at the end of the fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year. Annually, not later than October 1, a report shall be filed with the clerks of the senate and house of representatives and the house and senate committees on ways and means that shall include projects undertaken, expenditures made and income received by the fund.
(b) Not less than 50 per cent of the revenue collected by the department of conservation and recreation from parking stations installed on or after January 1, 2021 and not less than 50 per cent of the revenues generated through parking violations within the Revere beach reservation shall be deposited into the Revere Beach Reservation Trust Fund. Expenditures by the trust shall be used for capital improvements to Revere beach reservation.
(c) Annually, not later than November 30, the department of conservation and recreation shall meet with the mayor of the city of Revere to discuss the maintenance and safety plan for the beach for the next calendar year and the balance and expenditures from the Revere Beach Reservation Trust Fund.
Section 35RRR. There shall be established and set up on the books of the commonwealth a separate fund known as the Student Opportunity Act Investment Fund. The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such money. Amounts credited to the fund shall be expended, subject to appropriation, for the implementation of chapter 132 of the acts of 2019. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The fund shall not be subject to section 5C of chapter 29.
Section 8: Water Supply Protection Trust
Section 75 of said chapter 10, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word "(c)", in line 95, the following words:- ; provided, however, that in accordance with an annual staffing plan, the staffing levels, hiring and promotions at the division of water supply protection shall not be subject to any restriction, limitation or cap imposed by any executive office or department.
Section 9: Broadband Oversight Duties 1
Section 3 of chapter 23A of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) MOBD shall contain such divisions, offices and programs as the director shall determine are necessary to achieve the mission and administer the programs of MOBD, including at least the following 3 divisions: (i) business services; (ii) entrepreneurial and small business development; and (iii) manufacturing development. Each division shall be under the charge of a director who shall be subject to the direction, control and supervision of the director of economic development. Each division director shall be a person of skill and experience in the field of their appointment and shall be appointed and may be removed by the MOBD executive director, with the approval of the secretary, and shall serve until so removed. The position of division director shall not be subject to section 9A of chapter 30 or chapter 31. Each division director shall devote their full time during business hours to the duties of their office. The MOBD executive director may authorize any director to exercise in their name any power, or to discharge in their name any duty, assigned to them by law, and they may at any time revoke that authority.
Section 10: Broadband Oversight Duties 2
Subsection (b) of said section 3 of said chapter 23A is hereby repealed.
Section 11: Offshore Wind Energy Career Training Trust Fund 1
Chapter 23J of the General Laws is hereby amended by adding the following section:-
Section 14. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Offshore Wind Energy Career Training Trust Fund to be administered by the center. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources, including, but not limited to, economic development initiatives included in proposals for long-term contracts for offshore wind energy generation submitted to and approved by the department of public utilities, and other gifts, grants and donations for the establishment and expansion of workforce training and development initiatives to support the offshore wind energy industry. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(b) The center shall make expenditures from the fund for the purposes of:
(i) providing grants to public higher education institutions and vocational-technical education institutions for the adoption of basic safety training and basic technical training programs; provided, however, that the center shall prioritize awards to institutions seeking accreditation in internationally recognized training standards, including, but not limited to, standards developed by the Global Wind Organisation;
(ii) providing grants to public higher education institutions and vocational-technical education institutions for the development, expansion and promotion of offshore wind professional certificate programs and courses tailored to careers in the offshore wind energy industry for students in associate and baccalaureate degree programs;
iii) providing grants to adult and community learning service providers, labor organizations, public higher education institutions and vocational-technical education institutions for the sponsorship of award, scholarship and paid internship programs to support the education and training of individuals seeking careers in the offshore wind energy industry; provided, however, that the center shall prioritize the promotion of careers in the skilled trades, water transportation, operations and maintenance and other occupations that the center identifies as high priority;
(iv) providing grants to regional employment boards to develop a regional strategy to support the development of the offshore wind energy industry and to publish their findings as an addendum to their workforce development blueprints; and
(v) leveraging funds to secure future federal funding to support the offshore wind energy industry in the commonwealth.
(c) The fund's activity shall be included in the annual report required by section 5. The center shall also annually file, no later than October 1 and at least 30 days prior to the expenditure of any funds, a plan detailing the planned uses of funds in the upcoming calendar year with the joint committee on telecommunications, utilities and energy and the house and senate committees on ways and means; provided, however, that in the development of this plan the center shall hold at least 1 public hearing to solicit stakeholder feedback.
(d) For the purposes of this section, "public higher education institutions" shall include Quincy College.
Section 12: DOER Alternative Compliance Payment Liens
Chapter 25A of the General Laws is hereby amended by adding the following section:-
Section 18. (a) Upon issuance by the department of a notice of non-compliance, any alternative compliance payment, as defined in 225 CMR 14.02, owed by a retail electric supplier pursuant to sections 11F, 11F1/2 and 17, including any interest, additional amount, addition to debt or assessable penalty under section 7, together with any costs that may accrue in addition thereto, shall constitute a debt to the department. Such debt shall also be a lien in favor of the department upon all property and rights to property, whether real or personal, belonging to the indebted retail electric supplier. The lien shall arise 30 days after the department issues the first notice of non-compliance and shall continue until: (1) the debt is satisfied; (2) a judgment against the retail electric supplier arising out of such debt is satisfied; (3) any such debt or judgment is discharged by the department by a waiver or release under subsection (d); or (4) any such debt or judgment becomes unenforceable by reason of the lapse of time. The lien created in favor of the department for any such alternative compliance payment shall remain in effect for a period of 10 years after issuance of the notice of non-compliance. For a bankruptcy case under the United States Code, the running of the period of limitations in this section shall be suspended for: (i) the period during which the department is prohibited by reason of such case from collecting the lien and (ii) the period during which a plan for payment of the lien is in effect and 6 months thereafter. The running of the period of limitations in this section shall be suspended for the period during which the payment or collection is stayed pursuant to the retail electric supplier contesting the lien. If the lien would extend beyond its initial or any subsequent 10-year period, the department may refile its notice of lien. If any such notice of lien is refiled within the required refiling period, as defined in section 6323(g)(3) of the Internal Revenue Code, the lien in favor of the department shall relate back to the date of the first such lien filing. The department shall promulgate such regulations as may be necessary for the implementation of this subsection.
(b) A lien imposed by this section shall not be perfected as against any mortgagee, pledgee, purchaser, creditor or judgment creditor until notice thereof has been filed by the department:
(1) with respect to real property or fixtures, in the registry of deeds of the county where such property is situated; and
(2) with respect to personal property other than fixtures, in the filing office in which the filing of a financing statement would perfect, under article 9 of chapter 106, an attached nonpossessory security interest in tangible personal property belonging to the retail electric supplier liable to pay the alternative compliance payment as if the retail electric supplier were located in the commonwealth under section 9-307 of said chapter 106. The filing of any such lien or of a waiver or release of any such lien shall be received and registered or recorded without payment of any fee in the commonwealth.
(c) In any case where an alternative compliance payment becomes due upon issuance of a notice of non-compliance, the department, in addition to other modes of relief, may direct a civil action to be filed in a superior court of the commonwealth to collect the debt or enforce the lien of the department under this section with respect to such liability, or to subject any property of whatever nature, of the indebted retail electric supplier, or in which the supplier has any right, title or interest, to the payment of such liability.
(d) The department may issue a waiver or release of any lien imposed by this section. Such waiver or release shall be conclusive evidence that the lien upon the property covered by the waiver or release is extinguished. The department shall issue a waiver or release of any lien imposed by this section in any case where the debt for which such lien attached has been paid or legally abated.
Section 13: Broadband Oversight Duties 3
Section 1 of chapter 25C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the figure "166A", in line 6, the following words:- and for the development of statewide policy regarding advanced telecommunications capability within the commonwealth.
Section 14: Broadband Oversight Duties 4
Said section 1 of said chapter 25C, as so appearing, is hereby further amended by adding the following paragraph:-
For the purposes of this chapter, "advanced telecommunications capability" shall mean high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics and video telecommunications using any technology, without regard to any transmission media or technology.
Section 15: Broadband Oversight Duties 5
Said chapter 25C is hereby further amended by adding the following section:-
Section 9. Notwithstanding sections 6A and 8 or any other general or special law to the contrary, the department shall have the powers and duties necessary to accomplish the purposes of this section. The department shall facilitate access to advanced telecommunications capability in the commonwealth, with a special interest in increasing the presence of advanced telecommunications capability across the commonwealth to: (i) promote economic development; (ii) meet the commonwealth's homeland security and emergency preparedness needs; and (iii) improve government efficiency and improve the quality of life of the residents of the commonwealth. The powers and duties of the department shall include, but not be limited to: (i) identifying areas that lack adequate advanced telecommunications capability, including where, due to geographic remoteness, sparsity of population or other considerations, private sector capital investment in advanced telecommunications facilities deployment is not sufficient to meet the present and future needs of the area; (ii) identifying the locations of advanced telecommunications capability facilities in the commonwealth; and (iii) taking other actions to fulfill the purposes of this section. The department shall work in consultation with the Massachusetts Broadband Institute, established in section 6B of chapter 40J.
Section 16: Substance Use Disorder Trust Fund
Section 2YYYY of chapter 29 of the General Laws, as amended by section 5 of chapter 31 of the acts of 2020, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
The secretary may expend from the fund, without further appropriation: (i) not more than $27,000,000 in fiscal year 2020, not more than $53,000,000 in fiscal year 2021 and not more than $60,000,000 in fiscal year 2022 to expand and support the residential treatment system to treat individuals with a substance use disorder or co-occurring mental health and substance use disorder; (ii) not more than $11,000,000 in fiscal year 2020, not more than $32,000,000 in fiscal year 2021 and not more than $40,000,000 in fiscal year 2022 to expand and support access to medication assisted treatment; (iii) not more than $8,000,000 in fiscal year 2020 and not more than $15,000,000 per year in fiscal years 2021 and 2022 to expand and support access to recovery treatment support services; and (iv) not more than $4,000,000 in fiscal year 2020, not more than $10,000,000 in fiscal year 2021 and not more than $15,000,000 in fiscal year 2022 to implement and support the American Society of Addiction Medicine assessment and care planning across substance use treatment providers. For the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the fund may incur expenses, and the comptroller shall certify for payment, amounts not to exceed the most recent revenue estimate as certified by the MassHealth director, as reported in the state accounting system. Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
Section 17: Criminal Justice and Community Support Trust Fund
Said chapter 29 is hereby further amended by inserting after section 2OOOOO, as inserted by section 13 of chapter 358 of the acts of 2020, the following 2 sections:-
Section 2PPPPP. There shall be an Academic Health Department Partnerships Trust Fund. The fund shall be administered by the commissioner of public health to support the administration of the academic health department and the academic volunteer corps programs of the department of public health. There shall be credited to the fund all money received from public or private sources including, but not limited to, gifts, grants, donations, bequests and contributions of cash, securities or property in kind from persons or other governmental, nongovernmental, quasi-governmental or local government entities. Expenditures from the fund shall be made to support the academic health department and academic volunteer corps programs, including, but not limited to: (i) staff administrative support; (ii) paid internships; (iii) training and workforce development activities; and (iv) other services in support of the programs. The department of public health may incur expenses and the comptroller may certify amounts for payment in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund which 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 and 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 the subsequent fiscal year.
Section 2QQQQQ. (a) There shall be a Criminal Justice and Community Support Trust Fund that shall be administered by the commissioner of mental health, in consultation with the executive office of public safety and security. The fund shall consist of amounts credited to the fund from: (i) any appropriations, grants, gifts or other money authorized by the general court or other parties and specifically designated to be credited to the fund; and (ii) any income derived from the investment of amounts credited to the fund. Any unexpended balance in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
(b) All amounts credited to the fund shall be used without further appropriation to make grants to county and community-based jail diversion programs and community policing and behavioral health training initiatives. The grants shall be for: (i) the support of jail diversion programs for persons living with mental illness or substance use disorder; (ii) the development and provision of training for state, county and municipal law enforcement in evidence-based or evidence-informed mental health and substance use crisis response or alternative emergency response; (iii) the creation of patient-focused, ongoing community services for individuals who are frequent users of emergency departments and live with serious and persistent mental illness or substance use disorder; (iv) the support of trauma-informed, gender-responsive, pre-arrest or pre-arraignment diversion programs; or (v) the planning and implementation of restoration centers to divert individuals living with mental illness or substance use disorder who interact with law enforcement or the court system during a pre-arrest investigation or the pre-adjudication process from lock-up facilities and hospital emergency departments to appropriate treatment.
(c) Annually, not later than March 1, the commissioner of mental health shall issue a report to the clerks of the senate and house of representatives, the joint committee on mental health, substance use and recovery, the joint committee on public safety and homeland security and the senate and house committees on ways and means on the fund's activities including, but not limited to, amounts credited to the fund, amounts expended from the fund and any unexpended balance.
Section 18: Post-Retirement Employment of Public Retirees
Section 91 of chapter 32 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 97, the words "nine hundred and sixty" and inserting in place thereof the following figure:- 1,200.
Section 19: Sheriffs' Salaries
Section 17 of chapter 37 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
The sheriffs of the counties of Barnstable, Bristol, Norfolk, Plymouth and Suffolk and of the former counties of Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex and Worcester shall each receive a salary of $171,900. The sheriff of the county of Dukes shall receive a salary of $135,610. The sheriff of the county of Nantucket shall receive a salary of $108,870.
Section 20: Economic Development Technical Change 1
Section 9 of chapter 40A of the General Laws, as amended by section 20 of chapter 358 of the acts of 2020, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
Zoning ordinances or by-laws may provide for special permits authorizing the transfer of development rights of land within or between districts. These zoning ordinances or by-laws shall include incentives, such as increases in density of population, intensity of use, amount of floor space or percentage of lot coverage, that encourage the transfer of development rights in a manner that protects open space, preserves farmland, promotes housing for persons of low and moderate income or further other community interests; provided, however, that nothing herein shall prohibit a zoning ordinance or by-law from allowing transfer of development rights to be permitted as of right, without the need for a special permit or other discretionary zoning approval.
Section 21: Cybersecurity Innovation Funds
Section 4H of chapter 40J of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 21, the words "and (v)" and inserting in place thereof the following words:- (v) provide for the monitoring and detection of threat activity in order to investigate or mitigate cybersecurity incidents; and (vi).
Section 22: CPA Rail Trails
Subsection (b) of section 5 of chapter 44B of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
(4) The community preservation committee may recommend and the legislative body of a city or town may approve appropriations from the fund to acquire land, or real property interests therein, held for railroad purposes to be used by the city or town for recreational use as a rail trail as defined in section 35A of chapter 82. Notwithstanding subsection (a) of section 12, land, or real property interests therein, acquired pursuant to this paragraph shall remain subject to any property interest, including restrictions or reversionary interests, required to be held by the grantor or the United States pursuant to the federal National Trails System Act of 1968, as amended. Notwithstanding the definition of real property interest in section 2, land, or real property interests therein, acquired pursuant to this paragraph shall be considered a real property interest for purposes of this chapter, and a conservation restriction that meets the requirements of sections 31 to 33, inclusive, of chapter 184 shall be required.
Section 23: Tax Expenditure Repeal 1
Paragraph (2) of subsection (a) of section 2 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out subparagraph (G).
Section 24: Child and Dependent Related Tax Credits 1
Paragraph (a) of Part B of section 3 of said chapter 62, as so appearing, is hereby amended by striking out subparagraphs (7) and (8).
Section 25: Film Tax Credit 3
Section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in lines 558 and 559, the figure "50" and inserting in place thereof, in each instance, the following figure:- 75.
Section 26: Cranberry Bog Tax Credit 1
Paragraph (1) of subsection (w) of said section 6 of said chapter 62, as appearing in section 57 of the chapter 358 of the acts of 2020, is hereby amended by striking out the definition of "Qualified renovation expenditure" and inserting in place thereof the following definition:-
"Qualified renovation expenditure", an expenditure or a cost directly incurred in connection with the qualified renovation of a cranberry bog; provided, however, that "qualified renovation expenditure" shall not include costs incurred in acquiring or purchasing property for the construction of facilities or structures for the cultivation, harvesting or production of cranberries.
Section 27: Cranberry Box Tax Credit 2
Subparagraph (iii) of paragraph (2) of said subsection (w) of said section 6 of said chapter 62, as so appearing, is hereby amended by striking out the words ", for the period beginning January 1, 2020 and ending December 31, 2024,".
Section 28: Cranberry Box Tax Credit 3
Said subsection (w) of said section 6 of said chapter 62 is hereby repealed.
Section 29: Disability Employment Tax Credit 1
Said section 6 of said chapter 62, as most recently amended by section 57 of chapter 358 of the acts of 2020, is hereby further amended by adding the following 3 subsections:-
(x) A taxpayer shall be allowed a credit in an amount equal to employment-related expenses allowed for purposes of determining the credit allowable under section 21 of the Code; provided, however, that, for purposes of this subsection, the amount of allowable employment-related expenses may exceed those claimed under said section 21 of the Code but shall not exceed a total of $240 if there is 1 qualifying individual, as defined in said section 21 of the Code, with respect to the taxpayer or $480 if there are not less than 2 qualifying individuals with respect to the taxpayer. If the amount of the credit allowed under this subsection exceeds the taxpayer's tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess.
(y) A taxpayer who maintains a household that includes as a member: (i) at least 1 individual under the age of 12 who qualifies for exemption as a dependent under section 151 of the Code; or (ii) at least 1 individual who is: (A) not less than 65 years of age or who is disabled; and (B) who qualifies as a dependent under section 152 of the Code, shall be allowed a credit in an amount equal to $180 if there is 1 such dependent with respect to the taxpayer or $360 if there are not less than 2 such dependents with respect to the taxpayer; provided, however, that a credit shall not be allowed under this subsection if a credit is claimed under subsection (x); provided further, that if the taxpayer is married at the close of the taxable year, the credit provided in this subsection shall be allowed if the taxpayer and the taxpayer's spouse file a joint return for the taxable year or if the taxpayer qualifies as a head of household under section 2(b) of the Code; and provided further, that for the purposes of this subsection, "maintains a household" shall have the same meaning as in section 21 of the Code. If the amount of the credit allowed under this subsection exceeds the taxpayer's tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess.
(z)(1) An employer that is not a business corporation subject to the excise under chapter 63, shall be allowed a credit equal to $5,000 or 30 per cent of the wages paid to each qualified employee with a disability in the first taxable year of employment, whichever is less, against the tax liability imposed by this chapter. Such employer shall be allowed a credit equal to $2,000 or 30 per cent of the wages paid to each qualified employee with a disability in each subsequent taxable year of employment, whichever is less, against the tax liability imposed by this chapter. If a credit allowed by this subsection exceeds the tax otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of the taxpayer, be refundable to the taxpayer. In order to qualify, the employee with a disability shall be: (i) certified by the Massachusetts rehabilitation commission as meeting the definition of disability under the Americans with Disabilities Act, 42 U.S.C. 12102; (ii) capable of working independently; (iii) physically or mentally impaired in a manner that constitutes or results in a substantial impediment to employment for the individual; and (iv) hired by the employer after July 1, 2021.
(2) To be eligible for a credit under this subsection: (i) the primary place of employment and the primary place of residence of the employee shall be in the commonwealth; (ii) the business shall receive the applicable certification from the Massachusetts rehabilitation commission that the employee qualifies not later than the day the employee begins work; provided, that reasonable exceptions to this timeframe may be established through regulation; and (iii) the employee shall be employed by the business for a period of not less than 12 consecutive months prior to and in the taxable year in which the credit is claimed.
(3) An employer that is eligible for and claims the credit allowed under this subsection in a taxable year with respect to a qualified employee with a disability shall be eligible for such credit in the subsequent taxable year with respect to such qualified employee. Any credit allowed under this subsection shall not be transferable.
(4) The secretary of health and human services, in consultation with the commissioner, shall promulgate regulations establishing an application process for the credit.
(5) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection, and shall be allowed as a credit against the tax due under this chapter of such owners, partners or members, in a manner determined by the commissioner.
Section 30: Tax Expenditure Repeal 2
Section 6 1/2 of said chapter 62 is hereby repealed.
Section 31: Historic Rehabilitation Tax Credit Extension 1
Section 6J of said chapter 62, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 39, the words "December 31, 2022" and inserting in place thereof the following words:- December 31, 2027.
Section 32: Tax Expenditure Repeal 3
Paragraph 3 of section 30 of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in lines 27 to 40, inclusive, the words "The commissioner of energy resources may approve United States patents, which have been issued to Massachusetts corporations or applied for by Massachusetts corporations as useful for energy conservation and related purposes or as useful for alternative energy development and related purposes, provided that such patents are determined by said commissioner to be of economic value, practicable, and necessary for the convenience and welfare of the commonwealth and its citizens. Any income received from the sale, lease or other transfer of tangible, intangible, personal or real property or materials manufactured in the commonwealth subject to such patent shall be deducted. Said deduction shall extend for a period no longer than five years from the date of issuance of the United States patent or the date of approval by the commissioner of energy resources, whichever first expires."
Section 33: Tax Expenditure Repeal 4
Section 31L of said chapter 63 is hereby repealed.
Section 34: Tax Expenditure Repeal 5
Section 38P of said chapter 63 is hereby repealed.
Section 35: Historic Rehabilitation Tax Credit Extension 2
Section 38R of said chapter 63, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 38, the words "December 31, 2022" and inserting in place thereof the following words:- December 31, 2027.
Section 36: Film Tax Credit 5
Section 38X of said chapter 63, as so appearing, is hereby amended by striking out, in lines 62 and 63, the figure "50" and inserting in place thereof, in each instance, the following figure:- 75.
Section 37: Disability Employment Tax Credit 2
Said chapter 63 is hereby further amended by inserting after section 38HH the following 2 sections:-
Section 38II. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Commissioner", the commissioner of revenue.
"Cranberry bog", an area actively cultivated for the harvesting or production of cranberries.
"Qualified renovation", the renovation, repair, replacement, regrading or restoration of a cranberry bog for the cultivation, harvesting or production of cranberries or any other activity or action associated with the renovation of an abandoned cranberry bog; provided, however, that "qualified renovation" shall not include the construction of facilities or structures for the processing of cranberries.
"Qualified renovation expenditure", an expenditure or a cost directly incurred in connection with the qualified renovation of a cranberry bog; provided, however, that "qualified renovation expenditure" shall not include costs incurred in acquiring or purchasing property for the construction of facilities or structures for the cultivation, harvesting or production of cranberries.
"Secretary", the secretary of energy and environmental affairs.
"Taxpayer", a taxpayer subject to taxation under this chapter.
(b)(1) A taxpayer primarily engaged in cranberry production shall be allowed a credit against the taxes imposed by this chapter equal to 25 per cent of the total qualified renovation expenditures incurred in connection with the qualified renovation of a cranberry bog during the taxable year; provided, however, that the amount of the credit that may be claimed by a taxpayer under this section shall not exceed $100,000.
(2) The credit under this section shall be taken against the taxes imposed under this chapter and shall be refundable. The commissioner shall apply the credit against the liability of the taxpayer as determined on its return, as first reduced by any other available credits, and shall then refund to the taxpayer the balance of the credits. If the amount of the credit allowed under this section exceeds the taxpayer's tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess. Any amount of the tax credit that exceeds the tax due for a taxable year may be carried forward by the taxpayer to any of the 5 subsequent taxable years.
(3) The secretary, in consultation with the commissioner of agricultural resources, shall authorize annually tax credits under this subsection together with subsection (w) of section 6 of chapter 62 in an amount not to exceed $2,000,000 per taxable year. No credits shall be allowed under this section except to the extent authorized in this section.
(c) For a taxpayer to qualify for the credit provided for under this section, the taxpayer shall file with the secretary a summary of qualified renovation expenditures in connection with the qualified renovation. The secretary shall approve the summary of qualified renovation expenditures and provide notice to the commissioner. Any qualified renovation expenditures applicable to this credit shall be treated for purposes of this section as made on the date that the secretary provides notice of the certification to the commissioner.
(d) Any portion of tax credits not awarded by the secretary in a calendar year shall not be applied to awards in a subsequent calendar year. The secretary shall provide any documentation that the commissioner may deem necessary to confirm compliance with paragraph (3) of subsection (b) and the commissioner shall provide a report confirming compliance to the secretary of administration and finance.
(e) Annually, not later than September 1, the secretary shall file a report with the house and senate committees on ways and means, the joint committee on environment, natural resources and agriculture and the joint committee on revenue identifying the total amount of tax credits claimed and the total amount of tax credits refunded pursuant to this section in the preceding fiscal year.
(f) The secretary, in consultation with the commissioner of agricultural resources and the commissioner of revenue, shall promulgate regulations or other guidelines necessary for the administration and implementation of this section.
Section 38JJ. (a) A business corporation engaged in business in the commonwealth shall be allowed a credit equal to $5,000 or 30 per cent of the wages paid to each qualified employee with a disability in the first taxable year of employment, whichever is less, against the tax liability imposed by this chapter. Such employer shall be allowed a credit equal to $2,000 or 30 per cent of the wages paid to each qualified employee with a disability in each subsequent taxable year of employment, whichever is less, against the tax liability imposed by this chapter. If a credit allowed by this section exceeds the tax otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of the taxpayer, be refundable to the taxpayer. In order to qualify, the employee with a disability shall be: (i) certified by the Massachusetts rehabilitation commission as meeting the definition of disability under the Americans with Disabilities Act, 42 U.S.C. 12102; (ii) capable of working independently; (iii) physically or mentally impaired in a manner that constitutes or results in a substantial impediment to employment for the individual; and (iv) hired by the employer after July 1, 2021.
(b) To be eligible for a credit under this section: (i) the primary place of employment and the primary place of residence of the employee shall be in the commonwealth; (ii) the business shall receive the applicable certification from the Massachusetts rehabilitation commission that the employee qualifies not later than the day the employee begins work; provided, reasonable exceptions to this timeframe may be established through regulation; and (iii) the employee shall be employed by the business corporation for a period of at least 12 consecutive months prior to and in the taxable year in which the credit is claimed.
(c) In the case of a business corporation that is subject to a minimum excise under this chapter, the amount of the credit allowed by this section shall not reduce the excise to an amount less than such minimum excise.
(d) A business corporation that is eligible for and claims the credit allowed under this section in a taxable year with respect to a qualified employee with a disability shall be eligible for such credit in the subsequent taxable year with respect to such qualified employee. Any credit allowed under this section shall not be transferable.
(e) The secretary of health and human services, in consultation with the commissioner, shall promulgate regulations establishing an application process for the credit.
Section 38: Cranberry Bog Tax Credit 5
Section 38II of said chapter 63 is hereby repealed.
Section 39: Taxation of Pass-Through Entities
The General Laws are hereby amended by inserting after chapter 63B the following chapter:-
Chapter 63D
TAXATION OF PASS-THROUGH ENTITIES
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Code", the Internal Revenue Code of the United States as defined in section 1 of chapter 62.
"Commissioner", the commissioner of revenue.
"Eligible pass-through entity", an S corporation under section 1361 of the Code, a partnership under section 7701 of the Code or a limited liability company that is treated as an S corporation or partnership under said section 1361 of the Code or said section 7701 of the Code.
"Qualified income taxable in Massachusetts", the income of an eligible pass-through entity determined under chapter 62 allocable to a qualified member and included in the qualified member's Massachusetts taxable income under said chapter 62.
"Qualified member", a shareholder of an S corporation or a partner in a partnership, including a member of a limited liability company that is treated as an S corporation or partnership under section 1361 of the Code or section 7701 of the Code, that is a natural person or trust or estate subject to tax under section 10 of chapter 62; provided, however, that a qualified member may be a resident, nonresident or a part-year resident.
Section 2. An eligible pass-through entity may elect to pay an excise on its qualified income taxable in Massachusetts at a rate of 5 per cent. A qualified member of an electing eligible pass-through entity shall be allowed a refundable credit against the tax imposed under this chapter. The credit shall be available to qualified members in an amount proportionate to each qualified member's share of the tax due and paid under this chapter by the eligible pass-through entity multiplied by 0.9. The credit shall be available for the member's taxable year in which the electing eligible pass-through entity's taxable year ends.
Section 3. This chapter shall not apply to any taxable year for which the federal limitation on the state and local tax deduction imposed by section 164(b)(6) of the Internal Revenue Code of the United States, as amended and in effect for the applicable year, has expired or is otherwise not in effect.
Section 4. The excise under this chapter shall be in addition to, and not in lieu of, any other Massachusetts tax required to be paid, including tax imposed by chapter 62 or chapter 63. The excise under this chapter shall be due and payable on the eligible pass-through entity's original, timely-filed return. A return that reports the excise shall be due at the same time as a partnership information return or corporate excise return would be due for the entity under chapter 62C. Nothing in this chapter shall alter any filing requirements for a qualified member under said chapter 62C.
Section 5. The collection and administration of the excise under this chapter shall be governed by chapter 62C unless expressly provided otherwise in this chapter or in regulations promulgated by the commissioner pursuant to this chapter.
Section 6. The election under this chapter shall be made by the eligible pass-through entity on an annual basis in a manner determined by the commissioner. All members of the electing eligible pass-through entity shall be bound by the election. Once an election is made for a particular year, the election shall not be revoked.
Section 7. The commissioner shall promulgate regulations or other guidance to carry out the purposes of this chapter. Such regulations or other guidance may: (i) make the credit available to qualified members with income from eligible pass-through entities that in turn have income from other eligible pass-through entities; (ii) provide rules on the application of this chapter to eligible trusts and estates; and (iii) require estimated payments of the excise by electing eligible pass-through entities and their qualified members in a manner consistent with chapter 62B.
Section 40: Medal of Liberty Plates
Section 2 of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the twenty-second paragraph the following paragraph:-
The registrar shall furnish without charge to owners of private passenger motor vehicles who have been awarded the medal of liberty pursuant to section 67A of chapter 33 upon presentation of satisfactory evidence of such status, as determined by the registrar, distinctive registration plates for 1 private passenger motor vehicle owned and principally used by such recipient, bearing on the left side an image of the medal and ribbon and bearing the words "MEDAL OF LIBERTY" along the bottom.
Section 41: Middlesex Fells Reservation Trust Fund
Chapter 92 of the General Laws is hereby amended by inserting after section 34E, added by chapter 252 of the acts of 2020, the following section:-
Section 34F. There shall be established and set up on the books of the commonwealth a separate fund, which shall be known as the Middlesex Fells Reservation Trust Fund. The fund shall be used to advance recreational, educational and conservation interests, including, but not limited to, the construction and maintenance of facilities and infrastructure improvements for the area within the Middlesex Fells reservation. The fund shall receive, hold and expend all fees generated by permits, licenses and all other agreements not currently being directed to the General Fund relating to the use of the reservation land as authorized by the commission. The department shall not make expenditures from this fund so as to cause the fund to be deficient.
Section 42: Parking Meter Local Approval
The first paragraph of section 37 of said chapter 92, as appearing in the 2018 Official Edition, is hereby amended by adding the following 2 sentences:- No such rule or regulation shall provide for the collection of any charge or fee for parking on any boulevard, roadway, parkway, way or any portion thereof, under the jurisdictional care, custody or control of the commissioner, between regularly established curb lines or that part, exclusive of shoulders, improved and intended to be open and used for vehicular traffic by the public on a public way unless the commissioner has received prior approval from the local appropriating authority, as defined in section 21C of chapter 59, of the municipality in whose boundaries such charge or fee is collected on or after January 1, 2021. Any municipal approval of any rule or regulation providing for the collection of such charge or fee for parking prior to January 1, 2021 shall be inoperative for the purposes of this section.
Section 43: Computerized Immunization Registry 1
Section 24M of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 34, the word "and", the second time it appears.
Section 44: Computerized Immunization Registry 2
Said section 24M of said chapter 111, as so appearing, is hereby further amended by inserting after the word "clients", in line 37, the following words:- ; and (6) health plans for immunization rate improvement and quality improvement efforts.
Section 45: Parkinson's Disease Registry and Advisory Committee 1
Said chapter 111 is hereby further amended by adding the following section:-
Section 243. (a) The department shall establish a Parkinson's disease registry for the collection of information necessary to determine the incidence and prevalence of Parkinson's disease in the commonwealth.
(b) There shall be within the department a Parkinson's disease registry advisory committee to advise and assist in the development, implementation and progress of the Parkinson's disease registry established in subsection (a). The committee shall review and submit recommendations on: (i) what data shall be collected, including, but not limited to, demographic information and data by areas and regions of the commonwealth, with specific data from urban, low and median income communities and minority communities of the commonwealth; (ii) the means of collecting and disseminating such data; (iii) how to ensure privacy and confidentiality of such data; (iv) the purpose, design and functionality of the registry; and (v) the implementation of the registry. The committee shall recommend to the department any information deemed necessary and appropriate for the statistical identification and planning for treatment and education of health care providers and persons diagnosed with Parkinson's disease.
The committee shall consist of the commissioner, or a designee, and 10 members to be appointed by the commissioner as follows: 3 physicians, 1 of whom shall be a general neurologist, 1 of whom shall be a movement disorder specialist and 1 of whom shall be a primary care physician; 1 health informaticist; 2 population health researchers familiar with registries; 2 Parkinson's disease researchers; and 2 persons diagnosed with Parkinson's disease. The committee shall meet at least bi-annually to assess registry progress and recommend changes.
Section 46: Emergency Aid to the Elderly, Disabled, and Children Asset Limit 1
Section 3 of chapter 117A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 4 and 5, the words "who would be eligible under chapter one hundred and eighteen but for income or assets, or who".
Section 47: Emergency Aid to the Elderly, Disabled, and Children Asset Limit 2
Said section 3 of said chapter 117A, as so appearing, is hereby further amended by inserting after the first paragraph the following paragraph:-
A person shall not be denied assistance under this chapter based wholly or in part on the amount of the person's assets; provided, however, that any income generated by such assets may be treated as countable income.
Section 48: Nursing Facility Assessment 1
Subsection (a) of section 63 of chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Assessment" the following definition:-
"Licensee", any natural person, corporation, partnership, trust, estate or other legal entity holding a license to operate a nursing home; provided, however, that in the case of a licensee that is not a natural person, "licensee" shall also mean: (i) any shareholder owning not less than 5 per cent, any officer and any director of any corporate licensee; (ii) any limited partner owning not less than 5 per cent and any general partner of a partnership licensee; (iii) any trustee of any trust licensee; (iv) any sole proprietor of any licensee that is a sole proprietorship; or (v) any mortgagee in possession and any executor or administrator of any licensee that is an estate.
Section 49: Nursing Facility Assessment 2
Subsection (f) of said section 63 of said chapter 118E, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following 2 sentences:- Not later than 45 days after notice to a nursing home of amounts due, the department shall revoke the license of, or impose a limitation on new admissions for, a nursing home that fails to remit delinquent fees as directed by the executive office. The secretary of health and human services may also enforce this section by: (i) offsetting payments from the office of Medicaid against the claims for payment by the delinquent nursing home, against other nursing homes with a common licensee as the delinquent nursing home or against any successor in interest to those nursing homes, in the amount of the delinquent fees owed, including any interest, penalties or reasonable attorneys' fees, and by transferring such funds into the General Fund; or (ii) creating, after demand for payment, a lien in favor of the commonwealth in an amount not to exceed the delinquent fees owed, including any interest, penalties or reasonable attorneys' fees, encumbering the building in which the facility is located, the real property upon which the facility is located, any fixtures, equipment or goods used in the operation of the facility or any real property in which the licensee holds an interest; provided, however, that such lien shall be prior to any mortgage or lien held by any person: (A) with an ownership interest in the facility; (B) who directly or indirectly controls, or has the ability to control to any significant degree, the management or policies of the licensee or the facility; or (C) who is related to the licensee or to the facility by any significant degree of common ownership or common control.
Section 50: Apiary Fines
Chapter 128 of the General Laws is hereby amended by striking out section 38, as so appearing, and inserting in place thereof the following section:-
Section 38. Whoever violates section 33 or 35 shall be subject to a civil administrative penalty of not more than: (i) $30 for a first violation; (ii) $75 for a second violation; and (iii) $150 for each subsequent violation.
Whoever violates section 36B or 36C shall be subject to a civil administrative penalty of not more than: (i) $2,000 for a first violation; (ii) $5,000 for a second violation; and (iii) $10,000 for each subsequent violation.
Section 51: MA State Exposition Building Fund
Section 38B of said chapter 128, as so appearing, is hereby amended by inserting after the word "upkeep", in lines 4, 18, 29 and 31, in each instance, the following words:- , programming, promotion.
Section 52: Shellfish Advisory Panel
Chapter 130 of the General Laws is hereby amended by inserting after section 1B the following section:-
Section 1C. There shall be established in the division of marine fisheries a shellfish advisory panel to: (i) advise the director on matters of concern relevant to shellfish fisheries; (ii) provide a forum for governmental entities to receive and disseminate information relevant to shellfish resources and shellfish management; and (iii) allow members of the public and representatives of governmental entities to bring forth emerging issues in shellfish fisheries.
The shellfish advisory panel shall consist of: the director or a designee, who shall serve as chair; the commissioner of agricultural resources or a designee; the commissioner of environmental protection or a designee; the director of the food protection program within the department of public health or a designee; the director of coastal zone management or a designee; the executive director of the commission on Indian affairs or a designee; the chairs of the joint committee on environment, natural resources and agriculture or their designees; and 14 persons to be appointed by the chair, 1 of whom shall be a representative of the National Sea Grant College Program in the commonwealth, 2 of whom shall be holders of valid seafood dealer permits and be involved in the wholesale or retail sale of shellfish, 1 of whom shall be a holder of a valid Massachusetts commercial fishing permit and be involved in a Massachusetts-managed wild harvest shellfish fishery, 2 of whom shall be holders of valid state and municipal commercial shellfish permits and be involved with wild harvest of municipally-managed shellfish, 3 of whom shall be holders of both a valid Massachusetts aquaculture permit and a municipal site license for the commercial production of shellfish, 1 of whom shall be a holder of a valid recreational shellfish permit in a municipality in the commonwealth and be involved with the recreational harvest of shellfish, 2 of whom shall be current municipal shellfish constables nominated by the Massachusetts Shellfish Officers Association, 1 of whom shall be a member of the marine fisheries advisory commission and 1 of whom shall be a representative from a nongovernmental organization involved with shellfish conservation. Members appointed by the chair shall reflect diverse coastal geographic distribution and stakeholder representation.
Members appointed by the chair shall serve for terms of 3 years and may be eligible for re-appointment by the chair. Members of panel shall serve without compensation. The panel shall meet not less than 2 times annually to address issues of substance related to shellfish resources, fisheries and management and assist in the dissemination of information to stakeholders. The chair shall consider the input of the panel.
Section 53: Credit for Reinsurance 1
Section 20A of chapter 175 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting, in line 4, after the word "(E)" the following word:- , (E1/2).
Section 54: Credit for Reinsurance 2
Subsection (1) of said section 20A of said chapter 175, as so appearing, is hereby amended by inserting after paragraph (E) the following paragraph:-
(E1/2)(i) Credit shall be allowed when the reinsurance is ceded to an assuming insurer meeting each of the conditions set forth in this paragraph.
(a) The assuming insurer shall have its head office or be domiciled in, as applicable, and be licensed in a reciprocal jurisdiction. A "reciprocal jurisdiction" shall mean a jurisdiction that is:
(1) A jurisdiction outside of the United States that is subject to an in-force covered agreement with the United States, each within its legal authority, or, in the case of a covered agreement between the United States and the European Union, is a member state of the European Union; provided, however, that for purposes of this paragraph, a "covered agreement" shall mean an agreement entered into pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, 31 U.S.C. sections 313 and 314, that is currently in effect or in a period of provisional application and addresses the elimination, under specified conditions, of collateral requirements as a condition for entering into any reinsurance agreement with a ceding insurer domiciled in the commonwealth or for allowing the ceding insurer to recognize credit for reinsurance.
(2) A jurisdiction of the United States that meets the requirements for accreditation under the NAIC financial standards and accreditation program; or
(3) A qualified jurisdiction, as determined by the commissioner pursuant to clause (iii) of paragraph (E) of subsection (1), which is not otherwise described in subclause (1) or (2) of this subparagraph but meets certain additional requirements, consistent with the terms and conditions of in-force covered agreements, as specified by the commissioner pursuant to regulation.
(b) The assuming insurer shall have and maintain, on an ongoing basis, minimum capital and surplus, or its equivalent, calculated according to the methodology of its domiciliary jurisdiction, in an amount to be set forth in regulation. If the assuming insurer is an association, including incorporated and individual unincorporated underwriters, it shall have and maintain, on an ongoing basis, minimum capital and surplus equivalents, net of liabilities, calculated according to the methodology applicable in its domiciliary jurisdiction, and a central fund containing a balance in amounts to be set forth in regulation.
(c) The assuming insurer shall have and maintain, on an ongoing basis, a minimum solvency or capital ratio, as applicable, which shall be set forth in regulation. If the assuming insurer is an association, including incorporated and individual unincorporated underwriters, it shall have and maintain, on an ongoing basis, a minimum solvency or capital ratio in the reciprocal jurisdiction where the assuming insurer has its head office or is domiciled, as applicable, and is also licensed.
(d) The assuming insurer shall agree and provide adequate assurance to the commissioner, in a form specified by the commissioner pursuant to regulation, as follows:
(1) The assuming insurer shall provide prompt written notice and explanation to the commissioner if it falls below the minimum requirements set forth in subparagraphs (b) or (c), or if any regulatory action is taken against it for serious noncompliance with applicable law;
(2) The assuming insurer shall consent in writing to the jurisdiction of the courts of the commonwealth and to the appointment of the commissioner as agent for service of process; provided, however, that the commissioner may require that consent for service of process be provided to the commissioner and included in each reinsurance agreement; and provided further, that nothing in this provision shall limit, or in any way alter, the capacity of parties to a reinsurance agreement to agree to alternative dispute resolution mechanisms, except to the extent such agreements are unenforceable under applicable insolvency or delinquency laws;
(3) The assuming insurer shall consent in writing to pay all final judgments, wherever enforcement is sought, obtained by a ceding insurer or its legal successor, that have been declared enforceable in the jurisdiction where the judgment was obtained;
(4) Each reinsurance agreement shall include a provision requiring the assuming insurer to provide security in an amount equal to 100 per cent of the assuming insurer's liabilities attributable to reinsurance ceded pursuant to that agreement if the assuming insurer resists enforcement of a final judgment that is enforceable under the law of the jurisdiction in which it was obtained or a properly enforceable arbitration award, whether obtained by the ceding insurer or by its legal successor on behalf of its resolution estate; and
(5) The assuming insurer shall confirm that it is not presently participating in any solvent scheme of arrangement which involves the commonwealth's ceding insurers and agree to notify the ceding insurer and the commissioner and to provide security in an amount equal to 100 per cent of the assuming insurer's liabilities to the ceding insurer should the assuming insurer enter into such a solvent scheme of arrangement; provided, however, that such security shall be in a form consistent with the provisions of paragraph (E) of subsection (1) and subsection (2) and as specified by the commissioner in regulation.
(e) The assuming insurer or its legal successor shall provide, if requested by the commissioner, on behalf of itself and any legal predecessors, certain documentation to the commissioner as specified by the commissioner in regulation.
(f) The assuming insurer shall maintain a practice of prompt payment of claims under reinsurance agreements, pursuant to criteria set forth in regulation.
(g) The assuming insurer's supervisory authority shall confirm to the commissioner on an annual basis, as of the preceding December 31 or at the annual date otherwise statutorily reported to the reciprocal jurisdiction that the assuming insurer complies with the requirements set forth in subparagraphs (b) and (c).
(h) Nothing in this subparagraph precludes an assuming insurer from providing the commissioner with information on a voluntary basis.
(ii) The commissioner shall timely create and publish a list of reciprocal jurisdictions.
(a) The commissioner's list of reciprocal jurisdictions shall include any reciprocal jurisdiction as defined under subclauses (1) and (2) of subparagraph (a) of clause (i) of this paragraph and shall consider any other reciprocal jurisdiction included on the list of reciprocal jurisdictions published by NAIC. The commissioner may approve a jurisdiction that does not appear on the NAIC list of reciprocal jurisdictions in accordance with criteria to be developed under regulations issued by the commissioner.
(b) The commissioner may remove a jurisdiction from the list of reciprocal jurisdictions upon a determination that the jurisdiction no longer meets the requirements of a reciprocal jurisdiction, in accordance with a process set forth in regulations issued by the commissioner, except that the commissioner shall not remove from the list a reciprocal jurisdiction as defined under subclauses (1) and (2) of subparagraph (a) of clause (i) of this paragraph. Upon removal of a reciprocal jurisdiction from the list, credit for reinsurance ceded to an assuming insurer which has its home office or is domiciled in that jurisdiction shall be allowed, if otherwise allowed pursuant to this section.
iii) The commissioner shall timely create and publish a list of assuming insurers that have satisfied the conditions set forth in this subsection and to which cessions shall be granted credit in accordance with this subsection. The commissioner may add an assuming insurer to such list if a NAIC-accredited jurisdiction has added such assuming insurer to a list of such assuming insurers or if, upon initial eligibility, the assuming insurer submits the information to the commissioner as required under subparagraph (d) of clause (i) of this paragraph and complies with any additional requirements that the commissioner may impose by regulation, except to the extent that they conflict with an applicable covered agreement.
(iv) If the commissioner determines that an assuming insurer no longer meets 1 or more of the requirements under this subsection, the commissioner may revoke or suspend the eligibility of the assuming insurer for recognition under this subsection in accordance with procedures set forth in regulation.
(a) While an assuming insurer's eligibility is suspended, no reinsurance agreement issued, amended or renewed after the effective date of the suspension shall be qualified for credit except to the extent that the assuming insurer's obligations under the contract are secured in accordance with subsection (2).
(b) If an assuming insurer's eligibility is revoked, no credit for reinsurance may be granted after the effective date of the revocation with respect to any reinsurance agreements entered into by the assuming insurer, including reinsurance agreements entered into prior to the date of revocation, except to the extent that the assuming insurer's obligations under the contract are secured in a form acceptable to the commissioner and consistent with subsection (2).
(v) If subject to a legal process of rehabilitation, liquidation or conservation, as applicable, the ceding insurer or its representative may seek and, if determined appropriate by the court in which the proceedings are pending, may obtain an order requiring that the assuming insurer post security for all outstanding ceded liabilities.
(vi) Nothing in this subsection shall limit or in any way alter the capacity of parties to a reinsurance agreement to agree on requirements for security or other terms in that reinsurance agreement, except as prohibited by this section or other applicable law or regulation.
(vii) Credit may be taken under this subsection only for reinsurance agreements entered into, amended or renewed on or after the effective date of the statute adding this subsection, and only with respect to losses incurred and reserves reported on or after the later of: (1) the date on which the assuming insurer has met all eligibility requirements pursuant to clause (i) of this paragraph; or (2) the effective date of the new reinsurance agreement, amendment or renewal.
(a) This paragraph shall not alter or impair a ceding insurer's right to take credit for reinsurance, to the extent that credit is not available under this subsection, as long as the reinsurance qualifies for credit under any other applicable provision of this section.
(b) Nothing in this subsection shall authorize an assuming insurer to withdraw or reduce the security provided under any reinsurance agreement except as permitted by the terms of the agreement.
(c) Nothing in this subsection shall limit, or in any way alter, the capacity of parties to any reinsurance agreement to renegotiate the agreement.
Section 55: Credit for Reinsurance 3
Said subsection (1) of said section 20A of said chapter 175, as so appearing, is hereby further amended by striking out paragraph (F) and inserting in place thereof the following paragraph:-
(F) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraphs (A), (B), (C), (D), (E) or (E1/2) but only with respect to the insurance of risks located in jurisdictions where such reinsurance is required by applicable law or regulation of that jurisdiction.
Section 56: Credit for Reinsurance 4
Said subsection (1) of said section 20A of said chapter 175, as so appearing, is hereby further amended by striking out, in line 279, the words "(B) or (C)" and inserting in place thereof the following words:- (B), (C) or (E1/2).
Section 57: Credit for Reinsurance 5
Clause (iv) of paragraph (B) of subsection (5) of said section 20A of said chapter 175, as so appearing, is hereby amended by striking out subparagraphs (a) and (b) and inserting in place thereof the following 3 subparagraphs:-
(a) meets the conditions set forth in paragraph (E1/2) of subsection (1);
(b) is certified in the commonwealth; or
(c) maintains at least $250,000,000 in capital and surplus when determined in accordance with the NAIC Accounting Practices and Procedures Manual, including all amendments thereto adopted by the NAIC, excluding the impact of any permitted or prescribed practices, and is licensed in at least 26 states or licensed in at least 10 states and licensed or accredited in a total of at least 35 states.
Section 58: Health Connector Enrollment Outreach
Chapter 176Q of the General Laws is hereby amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-
Section 8. (a) The connector shall enter into interagency agreements with the department of revenue, the executive office of health and human services, the department of public health, the executive office of labor and workforce development, the registry of motor vehicles, the department of correction, the center for health information and analysis and any other state agencies, departments, divisions, commissions, authorities or political subdivisions. The agreements shall authorize the foregoing agencies, departments, divisions, commissions, authorities and political subdivisions to furnish information, including personal data as defined in section 1 of chapter 66A, that is necessary for the connector to perform its duties under this chapter, including the determination of an individual's eligibility for federal advanced premium tax credits and federal point-of-service cost-sharing reductions and adjudication of appeals arising from such determinations. Such written agreements shall include provisions permitting the department of revenue to furnish the data available under the wage reporting system established under section 3 of chapter 62E. The department of revenue may furnish the connector with information on the cases of persons so identified, including, but not limited to, name, social security number and other data to ensure positive identification, name and identification number of employer and amount of wages and gross income received from all sources. Except as described in subsection (b), the connector shall not otherwise utilize any of the data received from the department of revenue for any solicitations or advertising.
(b) In order to reduce the incidence of uninsurance in the commonwealth, the department of revenue shall, at the request and with the consent of a taxpayer on the taxpayer's personal income tax return, provide the connector with information from the taxpayer's personal income tax return in order for the connector to assess eligibility for health coverage options offered through the connector. The connector, upon evaluating such eligibility, shall contact individuals about the health coverage options that may be available to them through the connector. Any interagency agreement between the connector and the department of revenue shall specify the operational requirements necessary to implement this subsection.
(c) The connector may receive and use any information provided pursuant to section 23 of chapter 118E as necessary for the connector to perform the duties under this chapter, including the determination of an individual's eligibility for federal advanced premium tax credits and federal point-of-service cost-sharing reductions and adjudication of appeals arising from such determinations.
Section 59: CPCS Private Bar Pay Rates 1
Section 11 of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the figure "$100" and inserting in place thereof the following figure:- $110.
Section 60: CPCS Private Bar Pay Rates 2
Said section 11 of said chapter 211D, as so appearing, is hereby further amended by striking out, in line 7, the figure "$68" and inserting in place thereof the following figure:- $75.
Section 61: CPCS Private Bar Pay Rates 3
Said section 11 of said chapter 211D, as so appearing, is hereby further amended by striking out, in line 9, the figure "$53" and inserting in place thereof the following figure:- $60.
Section 62: CPCS Private Bar Pay Rates 4
Said section 11 of said chapter 211D, as so appearing, is hereby further amended by striking out, in line 11, the figure "$55" and inserting in place thereof the following figure:- $75.
Section 63: CPCS Private Bar Pay Rates 5
Said section 11 of said chapter 211D, as so appearing, is hereby further amended by striking out, in line 12, the figure "$53" and inserting in place thereof the following figure:- $60.
Section 64: Court Obsolete or Useless Papers
Subdivision (1) of section 27A of chapter 221 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- The supreme judicial court may by rule or order make exceptions to the 10-year retention requirement set forth in this subdivision for papers filed in or relating to matters involving alleged violations of laws, rules or regulations regarding motor vehicle civil infractions, motor vehicle parking, littering, bicycles, pedestrians, municipal dog control or non-criminal dispositions of municipal ordinance or by-law violations or other non-criminal regulatory offenses; provided, however, that such papers shall be retained for not less than 5 years following the final disposition of the matter.
Section 65: Nonimmigrant Status Certification for Victims of Crime 1
The General Laws are hereby amended by inserting after chapter 258E the following chapter:-
CHAPTER 258F
CERTIFICATION FOR VICTIMS OF VIOLENT CRIME AND HUMAN TRAFFICKING
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Certifying entity", a law enforcement agency, prosecutor or other state or local entity that has the authority to detect, investigate or prosecute severe forms of trafficking in persons or criminal activity.
"Criminal activity", as described in 8 U.S.C. 1101(a)(15)(U)(iii).
"Severe forms of trafficking in persons", as defined in 22 U.S.C. 7102.
Section 2. A certifying entity shall adopt a policy for completing and signing nonimmigrant status certification forms for: (i) victims of criminal activity who intend to petition for nonimmigrant visas under 8 U.S.C. 1101(a)(15)(U); and (ii) victims of severe forms of trafficking in persons who intend to petition for nonimmigrant visas under 8 U.S.C. 1101(a)(15)(T).
Section 3. A certifying entity shall respond to a nonimmigrant status certification request from a victim of criminal activity who intends to petition for a nonimmigrant visa under 8 U.S.C. 1101(a)(15)(U) or from a victim of severe forms of trafficking in persons who intends to petition for a nonimmigrant visa under 8 U.S.C. 1101(a)(15)(T) not later than 90 days after receiving the request for certification. The certifying entity shall respond to the request by: (i) completing and signing the certification forms; (ii) issuing a written denial of the request, without prejudice, informing the victim of the reason that the request does not meet the requirements of the certifying entity's policy under section 2; or (iii) in extenuating circumstances outside the control of the certifying entity that prevent the certifying entity from responding to the certification request in the required time period, issuing a written explanation of the delay, the process the certifying entity will undertake to respond and a projected time frame for such response.
Section 4. (a) Annually, not later than February 1, each certifying entity shall report to the executive office of public safety and security: (i) the number of individuals that requested nonimmigrant status certification; (ii) the number of certification forms that were completed and signed; and (iii) the number of such requests that were denied. The information reported under this subsection shall not include any personal identifying information of an individual requesting nonimmigrant status certification.
(b) Annually, not later than April 1, the executive office of public safety and security shall file a report with the clerks of the house of representatives andthe senate , the joint committee on the judiciary and the joint committee on public safety and homeland security on the information received under subsection (a). The report shall include, but not be limited to: (i) the number of individuals that requested nonimmigrant status certification, delineated by certifying entity; (ii) the number of certification forms that were completed and signed, delineated by certifying entity; (iii) the number of such requests that were denied, delineated by certifying entity; and (iv) total statewide statistics on nonimmigrant status certifications and denials. The report shall not include information that would allow the public to ascertain the identity of an individual requesting nonimmigrant status certification. The executive office shall also make the report publicly available on its website.
Section 66: DCR Historic Curatorship - Peddock's Island Structures
Section 44 of chapter 85 of the acts of 1994, as most recently amended by section 69 of chapter 209 of the acts of 2018, is hereby further amended by striking out the words "cottages on Peddock's Island in the Boston Harbor Islands National Park Area", as appearing in section 1 of chapter 67 of the acts of 2011, and inserting in place thereof the following words:- cottages, buildings of the Fort Andrews Complex and associated land delineated by the department on Peddock's Island in the Boston Harbor Islands National Recreation Area.
Section 67: Transitional Aid to Families with Dependent Children Asset Limit
Section 110 of chapter 5 of the acts of 1995 is hereby amended by striking out subsection (b), as appearing in section 62 of chapter 41 of the acts of 2019, and inserting in place thereof the following subsection:-
(b) A family shall not be denied assistance under this section based wholly or in part on the amount of the family's assets; provided, however, that any income generated by such assets may be treated as countable income.
Section 68: Film Tax Credit 1
Chapter 158 of the acts of 2005, as amended by section 15 of chapter 63 of the acts of 2007, is hereby further amended by striking out section 9 and inserting in place thereof the following section:-
section 9. This act shall be effective for tax years beginning on or after January 1, 2006.
Section 69: Offshore Wind 2 & 3
Section 83C of chapter 169 of the acts of 2008, as most recently amended by section 91 of chapter 8 of the acts of 2021, is hereby further amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
(a) In order to facilitate the financing of offshore wind energy generation resources in the commonwealth every distribution company shall jointly and competitively solicit proposals for offshore wind energy generation; and, provided, that reasonable proposals have been received, shall enter into cost-effective long-term contracts. Long-term contracts executed pursuant to this section shall be subject to the approval of the department of public utilities and shall be apportioned among the distribution companies.
(b) The timetable and method for solicitations of long-term contracts shall be proposed jointly by the distribution companies and the department of energy resources using a competitive bidding process, and shall be subject to review and approval by the department of public utilities. The distribution companies, in coordination with the department of energy resources, shall consult with the attorney general regarding the choice of solicitation methods. A solicitation may be coordinated and issued jointly with other New England states or entities designated by those states. The distribution companies may conduct 1 or more competitive solicitations through a staggered procurement schedule developed by the distribution companies and the department of energy resources; provided, that the schedule shall ensure that the distribution companies enter into cost-effective long-term contracts for offshore wind energy generation equal to approximately 5,600 megawatts of aggregate nameplate capacity not later than June 30, 2027, including capacity authorized pursuant to section 21 of chapter 227 of the acts of 2018; and provided further, that individual solicitations shall seek proposals for no less than 400 megawatts of aggregate nameplate capacity of offshore wind energy generation resources. A staggered procurement schedule developed by the department of energy resources, if applicable, shall specify that a subsequent solicitation shall occur within 24 months of a previous solicitation; provided, however, that the department of public utilities shall not approve a long-term contract that results from a subsequent solicitation and procurement period if the levelized price per megawatt hour, plus associated transmission costs, is greater than or equal to the levelized price per megawatt hour plus transmission costs that resulted from the previous procurement. Proposals received pursuant to a solicitation under this section shall be subject to review by the department of energy resources and the executive office of housing and economic development. If the department of energy resources, in consultation with the distribution companies and the independent evaluator, determines that reasonable proposals were not received pursuant to a solicitation, the department may terminate the solicitation, and may require additional solicitations to fulfill the requirements of this section.
Section 70: MEFA College Savings Tax Deduction
Section 138 of chapter 219 of the acts of 2016 is hereby amended by striking out the words "through the tax year beginning on January 1, 2021".
Section 71: Extension for Hospital Plans for Patients with Dementia
Section 8 of chapter 220 of the acts of 2018 is hereby amended by striking out the figure "2021" and inserting in place thereof the following figure:- 2022.
Section 72: Offshore Wind 1
Chapter 227 of the acts of 2018 is hereby amended by striking out section 21 and inserting in place thereof the following section:-
section 21. Notwithstanding any general or special law to the contrary, the department of energy resources shall require distribution companies, as defined in section 1 of chapter 164 of the General Laws, to jointly and competitively conduct offshore wind generation solicitations and procurements and enter into cost-effective long-term contracts equal to approximately 1,600 megawatts of aggregate nameplate capacity not later than June 30, 2027; provided, however, that any solicitations conducted pursuant to this section shall be subject to the required solicitation and procurement process of section 83C of chapter 169 of the acts of 2008, inserted by section 12 of chapter 188 of the acts of 2016. As part of any solicitations and procurements authorized by this section, the department of energy resources may also require distribution companies to jointly and competitively solicit and procure proposals for offshore wind energy transmission sufficient to deliver energy generation procured pursuant to this section from designated wind energy areas for which a federal lease was issued on or after January 1, 2012 that may be developed independent of such offshore wind energy generation. Such transmission service shall be made available for use by more than 1 wind energy generation project and shall not exceed the generation capacity authorized by this section. Any selection of offshore wind energy transmission shall be the most cost-effective mechanism for procuring reliable, low-cost offshore wind energy transmission service for ratepayers in the commonwealth. Solicitations and procurements authorized pursuant to this section shall be included in the total solicitations and procurements required by said section 83C of said chapter 169.
Section 73: Fall River and New Bedford State Piers
Section 58 of chapter 228 of the acts of 2018 is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) The lessee may sublease all or portions of the piers and buildings and facilities located thereon to 1 or more public or private entities for commercial, industrial and other uses that the lessee determines shall serve a public purpose, including without limitation the public purpose of generating revenue for the upkeep, maintenance and improvement of the New Bedford State Pier and the Fall River State Pier; provided however, that neither the New Bedford State Pier nor the Fall River State Pier shall be used to support facilities for offshore oil and gas exploration or development; provided further, that the Fall River State Pier may be used to support offshore wind development and operations that do not conflict with multi-use improvements set forth under chapter 286 of the acts of 2014 or accessory uses as set forth in this section; provided further, that not more than 20 per cent of the square footage of the New Bedford State Pier may be used to support offshore wind development and operations that do not conflict with multi-use improvements set forth under said chapter 286 or accessory uses as set forth in this section; provided further, that no person or entity or group of affiliated persons or entities shall be permitted the exclusive use of either the New Bedford State Pier or the Fall River State Pier; provided further, that the unexpended balance in item 6720-1350, as authorized pursuant to said chapter 286, shall be made available for the purposes of and subject to the conditions stated in the original authorizations and any amendments to such authorizations; and provided further, that the lessee may sublease up to 20 per cent of the square footage on the west side of New Bedford State Pier, adjacent to MacArthur Drive, for 1 or more accessory uses, as defined in 310 C.M.R. 9.12(3).
Section 74: Sexual Assault Evidence Kits Testing 1
Section 2A of chapter 5 of the acts of 2019 is hereby amended by striking out item 8100-1014, as amended by section 40 of chapter 142 of the acts of 2019, and inserting in place thereof the following item:-
8100-1014. For costs associated with the collection and testing of all previously untested investigatory sexual assault evidence kits by the crime laboratory within the department of state police or by an accredited private crime laboratory designated by the secretary of public safety and security; provided, that all previously untested investigatory sexual assault evidence kits shall be tested within 180 days of the effective date of this act; provided further, that for the purposes of this item, "previously untested investigatory sexual assault evidence kits" shall mean any sexual assault evidence kit or additional evidence collected contemporaneously with such kit that has not been subjected to a forensic DNA analysis intended to develop an autosomal DNA profile that is eligible for entry into CODIS and the state DNA databases; and provided further, that any unexpended funds in this item shall not revert but shall be made available for the purposes of this item until June 30, 2022 $8,000,000
Section 75: Women's Rights History Trail Funding PAC 1
Item 7008-1116 of section 2 of chapter 41 of the acts of 2019 is hereby amended by striking out the figure "2021", inserted by section 29 of chapter 201 of the acts of 2020, and inserting in place thereof the following figure:- 2022.
Section 76: Women's Rights History Trail Funding PAC 2
Said item 7008-1116 of said section 2 of said chapter 41 is hereby further amended by striking out the figure "2021", inserted by section 30 of said chapter 201, and inserting in place thereof the following figure:- 2022.
Section 77: Berkshire Flyer PAC 1
Item 1595-6368 of section 2E of said chapter 41, as most recently amended by section 28 of chapter 201 of the acts of 2020, is hereby further amended by inserting after the words "Berkshire Flyer", the first time they appear, the following words:- , including for the costs of the employment of a project manager for the Berkshire Flyer seasonal rail service.
Section 78: Berkshire Flyer PAC 2
Said item 1595-6368 of said section 2E of said chapter 41 is hereby further amended by striking out the figure "2021", inserted by said section 28 of said chapter 201, and inserting in place thereof the following figure:- 2022.
Section 79: Briarwood Road PAC
Said item 1595-6368 of said section 2E of said chapter 41 is hereby further amended by striking out the word "June", inserted by section 76 of chapter 124 of the acts of 2020, and inserting in place thereof the following word:- December.
Section 80: PFAS Testing PAC
Item 2250-2002 of section 2A of chapter 142 of the acts of 2019 is hereby amended by striking out the words "June 30, 2021" and inserting in place thereof the following words:- June 30, 2022.
Section 81: Massachusetts Marketing Partnership PAC 1
Item 7008-1117 of said section 2A of said chapter 142 is hereby amended by striking out the words "June 30, 2021" and inserting in place thereof the following words:- June 30, 2022.
Section 82: Massachusetts Marketing Partnership PAC 2
Said item 7008-1117 of said section 2A of said chapter 142 is hereby further amended by striking out the figure "2021", inserted by section 87 of chapter 124 of the acts of 2020, and inserting in place thereof the following figure:- 2022.
Section 83: School Service Contract Payments 1
Subsection (a) of section 12 of chapter 92 of the acts of 2020, as most recently amended by section 39 of chapter 201 of the acts of 2020, is hereby further amended by striking out the figure "2021" and inserting in place thereof the following figure:- 2022.
Section 84: School Service Contract Payments 2
Subsection (d) of said section 12 of said chapter 92, as most recently amended by section 40 of said chapter 201, is hereby further amended by striking out the words "and fiscal year 2021" and inserting in place thereof the following words:- , fiscal year 2021 and fiscal year 2022.
Section 85: School Service Contract Payments 3
Subsection (a) of section 13 of said chapter 92, as most recently amended by section 41 of said chapter 201, is hereby further amended by striking out the figure "2021" and inserting in place thereof the figure:- 2022.
Section 86: School Service Contract Payments 4
Subsection (c) of said section 13 of said chapter 92, as most recently amended by section 42 of said chapter 201, is hereby further amended by striking out the words "and fiscal year 2021" and inserting in place thereof the following words:- , fiscal year 2021 and fiscal year 2022.
Section 87: Corporations Division PAC
Item 0511-0002 of section 2 of chapter 227 of the acts of 2020 is hereby amended by adding the following words:- ; provided further, that any remaining funds in this item shall be made available until December 31, 2021.
Section 88: Early Voting PAC
Item 0521-0002 of said section 2 of said chapter 227 is hereby amended by adding the following words:- ; provided, that any remaining funds in this item shall be made available until June 30, 2022.
Section 89: Municipal Improvements PAC
Item 1599-0026 of said section 2 of said chapter 227 is hereby amended by striking out the words "for maintenance and repair of open spaces in the town of Westport, including athletic fields and other spaces providing fresh air and exercise during the 2019 novel coronavirus" and inserting in place thereof the following words:- to the Westport Youth Athletic Association, Inc. for maintenance and repair of open spaces in the town of Westport, including athletic fields and other spaces providing fresh air and exercise during the 2019 novel coronavirus and such funds shall be made available until June 30, 2022.
Section 90: EEC Economic Review Commission 1
The fourth paragraph of section 106 of said chapter 227 is hereby amended by inserting after the word "technologies," the following words:- or a designee.
Section 91: EEC Economic Review Commission 4
Said fourth paragraph of said section 106 of said chapter 227 is hereby further amended by striking out the words "the speaker of the house of representatives, or a house member designee; the president of the senate, or a senate member designee" and inserting in place thereof the following words:- 2 members of the house of representatives; 2 members of the senate.
Section 92: EEC Economic Review Commission 2
The seventh paragraph of said section 106 of said chapter 227 is hereby amended by adding the following sentence:- The legislature may furnish reasonable staff and other support for the work of the commission.
Section 93: EEC Economic Review Commission 3
The eighth paragraph of said section 106 of said chapter 227 is hereby amended by striking out the words "March 1" and inserting in place thereof the following words:- December 31.
Section 94: Education Federal Funds Reporting
Subsection (b) of chapter 288 of the acts of 2020 is hereby amended by inserting after clause (vii) the following clause:- ; and (viii) all activities and expenditures made by local educational agencies that are required to be reported to the federal government and accessible to the executive office for administration and finance including, but not limited to, expenditures made using federal Elementary and Secondary School Emergency Relief Fund allocations.
Section 95: Economic Development Technical Change 2
Section 59 of chapter 358 of the acts of 2020 is hereby amended by striking out the figure "54" and inserting in place thereof the following figure:- 58.
Section 96: Economic Development Technical Change 3
Section 61 of said chapter 358 is hereby amended by striking out the figure "56" and inserting in place thereof the following figure:- 60.
Section 97: Special Commission Reporting Extension
Subsection (e) of section 92 of said chapter 358 is hereby amended by striking out the figure "2021" and inserting in place thereof the following figure:- 2022.
Section 98: Journalism Commission Reporting Extension
Subsection (f) of section 93 of said chapter 358 is hereby amended by striking out the figure "2021" and inserting in place thereof the following figure:- 2022.
Section 99: Charitable Deduction Delay
Notwithstanding subparagraph (13) of paragraph (a) of Part B of section 3 of chapter 62 of the General Laws, a deduction under said subparagraph (13) of said paragraph (a) of said Part B of said section 3 of said chapter 62 shall not be allowed for the taxable year beginning January 1, 2022.
Section 100: Other Post-Employment Benefits Liability
(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 2022 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 2022 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 2022 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 2022 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 2022.
Section 101: Pension Cost of Living Adjustment
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 prepared quarterly by the secretary of administration and finance and submitted to the senate and house committees on ways and means and 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 subdivision (1) of 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.
Section 102: Pension Fund Transfer
Notwithstanding any general or special law to the contrary, the comptroller shall, not later than September 1, 2021, transfer $250,000,000 from the General Fund to the Commonwealth's Pension Liability Fund established in subsection (e) of subdivision (8) of section 22 of chapter 32 of the General Laws.
Section 103: Student Opportunity Act Investment Fund Transfer
Notwithstanding any general or special law to the contrary, the comptroller shall transfer $350,000,000 from the General Fund to the Student Opportunity Act Investment Fund, established in section 35RRR of chapter 10 of the General Laws. Said transfer shall be made by the comptroller in accordance with a transfer schedule to be developed by the comptroller after consulting with the secretary of education, the secretary of administration and finance and the state treasurer.
Section 104: MassHealth Delivery System Reform Trust Fund Transfer
Notwithstanding any general or special law to the contrary, the secretary of health and human services shall, not later than June 30, 2022, make available $40,000,000 from the MassHealth Delivery System Reform Trust Fund established in section 2SSSS of chapter 29 of the General Laws to the comptroller for deposit in the General Fund to reimburse the commonwealth for Medicaid-related expenses incurred in fiscal year 2022 as certified by the secretary of health and human services.
Section 105: Offshore Wind Energy Career Training Trust Fund 2
Notwithstanding any general or special law to the contrary, not later than August 1, 2021 and without further appropriation, the comptroller shall transfer $13,000,000 from the General Fund to the Offshore Wind Energy Career Training Trust Fund established in section 14 of chapter 23J of the General Laws.
Section 106: Expanded Medicare Savings Programs Transfer
Notwithstanding any general or special law to the contrary, the secretary of administration and finance, in consultation with the secretary of health and human services, may transfer not more than a total of $12,800,000 from the prescription advantage program in item 9110-1455 of section 2 and the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws in fiscal year 2022 to support the Medicare Saving or Medicare Buy-In programs established in section 25A of said chapter 118E; provided, however, that the secretary of health and human services shall certify to the senate and house committees on ways and means, not less than 45 days in advance of the transfer, in writing, the amount to be transferred and an explanation of the amount of expected savings to those programs resulting from the transfer.
Section 107: Health Safety Net Administration
Notwithstanding any general or special law to the contrary, payments from the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws may be made either as safety net care payments 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.
Section 108: Initial Gross Payments to Qualifying Acute Care Hospitals
Notwithstanding any general or special law to the contrary, not later than October 1, 2021 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, for the purposes of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2021. These 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. Not later than June 30, 2022, the comptroller shall transfer from the Health Safety Net Trust Fund to the General Fund 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.
Section 109: Inspector General Audits
Notwithstanding any general or special law to the contrary, in hospital fiscal year 2022, the office of inspector general may expend up to 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 clerks of the house of representatives and the senate and the house and senate committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2022.
Section 110: Nursing Facility Base Year
Notwithstanding any general or special law to the contrary, nursing facility rates effective October 1, 2021 under section 13D of chapter 118E of the General Laws shall be developed using the costs of calendar year 2019, or any subsequent year that the secretary of health and human services may select in the secretary's discretion.
Section 111: Transfers Between Health Funds
(a) Notwithstanding any general or special law to the contrary, the executive office for administration and finance may 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 2022.
Section 112: SPED Increase
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 2022 by increasing the final fiscal year 2021 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 2022. 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.
Section 113: RTA MOUs
Notwithstanding any special or general law to the contrary, for fiscal year 2022, $94,000,000 of the amount transferred in item 1595-6370 of section 2E shall be considered operating assistance and distributed to regional transit authorities; provided, however, that for fiscal year 2022, $90,500,000 shall be distributed based on fiscal year 2021 distributions, in accordance with the fiscal year 2020 bilateral memorandum of understanding between each regional transit authority and the Massachusetts Department of Transportation; provided further, that each regional transit authority shall receive operating assistance from this item of not less than the amount received in fiscal year 2021; and provided further, that $3,500,000 shall be distributed to each regional transit authority based on the following formula: 60 per cent based on total transit ridership as reported on the most recent certified national transit data base report, 30 per cent based on population of its member communities from the most recent census, and 10 per cent based on service coverage area determined by the total square miles of its member communities. The department may require each regional transit authority to provide data on ridership, customer service and satisfaction, asset management and financial performance, including farebox recovery, and shall compile collected data into a report on the performance of regional transit authorities and each authority's progress towards meeting the performance metrics established in each memorandum of understanding.
Section 114: Inpatient Psychiatric Facilities Reporting
(a) Notwithstanding any general or special law to the contrary, the department of mental health shall post to the department's website, on a monthly basis, data on the availability of adult and pediatric beds at inpatient continuing care facilities that are under the supervision or control of the department, including those operated by or contracted by the department. Such data shall include, but not be limited to: (i) for each continuing care facility the: (A) number of operational beds; (B) number of beds that have been taken out of operation; (C) inpatient census data; (D) number of forensic patients admitted; (E) number of patients discharged; (F) number of patients who cannot be discharged from the continuing care facility to the community due to the acuity of their behavioral health diagnosis or forensic status; and (G) number of patients appropriate for discharge from continuing care but who are awaiting an available community placement; and (ii) the number of patients that have been admitted from the waitlist for continuing care placement, disaggregated by the continuing care facility that accepted the patient and by the inpatient facility the patient was accepted from. To the extent feasible, all data shall be disaggregated by race, ethnicity, gender identity, age and other demographic information.
(b) Notwithstanding any general or special law to the contrary, not later than January 1, 2022 the department of mental health shall post to its website historic data on the previous 15 years of operational continuing care beds, per continuing care facility operated by or contracted by the department, including, but not limited to, the operational status of beds.
(c) Notwithstanding any general or special law to the contrary, the department of mental health's continuing care referral list, also known as the inpatient referral summary, shall include data on patients in acute psychiatric facilities awaiting acceptance to continuing care facilities including, but not limited to: (i) the length of time a patient has awaited a continuing care placement, and (ii) the number of patients awaiting continuing care placement for each inpatient psychiatric facility. In calculating the amount of time a patient has been awaiting a continuing care placement, the department shall include the time between the submission of an application and the acceptance to a continuing care facility in addition to the time the patient awaited transfer after acceptance for admission.
Section 115: Regional Tourism Council Matching Grants Waiver
Notwithstanding clause (3) of the fifth paragraph of section 14 of chapter 23A of the General Laws or any other general or special law to the contrary, in order to address disruptions caused by the 2019 novel coronavirus, also known as COVID-19, the maximum amount of grants received by a private nonprofit agency from the office of travel and tourism pursuant to said section 14 of said chapter 23A may be greater than the amount received from nongovernmental sources in fiscal year 2022.
Section 116: Regional Tourism Grants 1
Notwithstanding any other general or special law to the contrary, grants from the amounts collected pursuant to subsection (a) of section 13T of chapter 23A of the General Laws allocated to regional tourism councils pursuant to clause (ii) of subsection (d) of said section 13T for fiscal year 2022 shall be distributed not later than September 1, 2021.
Section 117: Regional Tourism Grants 2
Notwithstanding any other general or special law to the contrary, grants from the amounts collected pursuant to subsection (b) of section 13T of chapter 23A of the General Laws allocated to regional tourism councils pursuant to clause (ii) of subsection (d) of said section 13T for fiscal year 2021 shall be distributed not later than November 15, 2021 according to the current allocation formula.
Section 118: Municipal Broadband Debt
Notwithstanding section 17 of chapter 44 of the General Laws or any other general or special law to the contrary, a municipality that is participating in the federal Connect America Fund Phase II Auction 903 administered by the Federal Communications Commission that has made a temporary loan to finance costs related to constructing a broadband network may extend the period from the date of issue of the original loan to the date of maturity of the refunding loan beyond a period of 2 years but not more than a period of 3 years without the temporary loan being paid in part from revenue funds of the municipality.
Section 119: Sexual Assault Evidence Kits Testing 2
Notwithstanding any general or special law to the contrary, all previously untested investigatory sexual assault evidence kits shall be tested within 180 days of the effective date of this act. Not later than January 1, 2022, the executive office of public safety and security shall file a report with the clerks of the house of representatives and senate and the joint committee on public safety and homeland security on the status of testing untested investigatory sexual assault evidence kits, which shall include, but not be limited to, the following information: (i) the number of untested investigatory sexual assault evidence kits in the possession of public crime laboratories prior to the effective date of this act; (ii) the year each kit was collected; (iii) the date each kit was tested; and (iv) the date the resulting information was entered into CODIS and the state DNA databases. For the purposes of this section, "untested investigatory sexual assault evidence kits" shall mean any sexual assault evidence kit or additional evidence collected contemporaneously with such kit that has not been subjected to a forensic DNA analysis intended to develop an autosomal DNA profile that is eligible for entry into CODIS and the state DNA databases. The report shall be made publicly available on the executive office's website not later than January 1, 2022.
Section 120: COVID-19 Education Impact Study
The department of elementary and secondary education shall conduct a study to evaluate the impacts of the COVID-19 pandemic on the delivery of educational services and supports to marginalized students including, but not limited to, students who: (i) are school age children with a disability; (ii) are English learners; (iii) are low-income; (iv) are Black, indigenous, Latinx or persons of color; (v) have a gender identity or sexual orientation that has been historically discriminated against; or (vi) have otherwise experienced educational disparities based upon lack of resources or educational supports. The study shall include, but not be limited to: (a) an analysis of the amount and quality of support services provided to marginalized students during the 2019 to 2020 school year as compared to analogous services delivered during the 2018 to 2019 school year; (b) a review of accessible assessment tools to comprehensively assess marginalized students' current academic, social and emotional needs; (c) an analysis of any disproportionate academic, social and emotional impact of hybrid and remote schooling on marginalized students; (d) identification of barriers to reentry to in-person schooling for marginalized students and their families; (e) an analysis of existing workforce pipelines and potential responses to emerging workforce pipeline needs to support marginalized students; (f) an analysis of social and emotional learning opportunities in schools for students; and (g) an assessment of additional supports and services necessary to support marginalized students' academic, social and emotional needs.
The department shall submit a report of its findings to the clerks of the senate and house of representatives, the joint committee on education and the senate and house committees on ways and means not later than March 1, 2022.
Section 121: COVID-19 Impacts on Children's Behavioral Health Study
(a) The children's behavioral health advisory council, established in section 16Q of chapter 6A of the General Laws, shall conduct an analysis of the existing and anticipated impacts of the COVID-19 pandemic on children's behavioral health and the associated provision of services and supports. In conducting the analysis, the council shall consult with and seek input from children who are consumers of behavioral health services and their family members; provided, however, that for the purposes of this section, "children" shall include any person under the age of 22.
(b) The analysis shall include: (i) an evaluation of the impacts of the COVID-19 pandemic across the current continuum of behavioral health care and services provided to children and families including, but not limited to, in the following settings: (A) home; (B) healthcare facilities; (C) school; and (D) within the community; (ii) identification of and recommended solutions for addressing barriers to care within the current continuum of behavioral health care and barriers to services as a result of the COVID-19 pandemic, including, but not limited to, barriers to care for underserved or underrepresented populations based on culture, race, ethnicity, language, disability, gender identity, sexual orientation, geographic location or age during the COVID-19 pandemic; (iii) suggested remedies to increase geographic equity and improve accessibility to an equitable, culturally-competent, affordable and clinically-appropriate continuum of behavioral health care; (iv) identification of, and recommended solutions for addressing, current behavioral health workforce challenges including, but not limited to: (A) existing workforce pipeline issues; (B) emerging workforce needs; and (C) the availability of trauma-informed supports and services for children's behavioral health practitioners, teachers and staff; (v) an evaluation of the impact of remote learning and service provision on children who are consumers of behavioral health services; (vi) a comparison of services provided to children who were consumers of behavioral health services during the 2020 to 2021 school year as compared to analogous services delivered during the 2018 to 2019 school year; (vii) an evaluation of disciplinary actions and emerging disciplinary trends as a result of COVID-19 pandemic-related trauma including, but not limited to, any disproportionate impacts on children who are consumers of behavioral health services; (viii) an evaluation of, and recommended solutions for addressing, the social and emotional needs of children including, but not limited to, an evaluation of social and emotional learning in schools; (ix) the impacts of closures of units and elimination of children's behavioral health services including, but not limited to, access to clinically appropriate services, geographic disparities, economic disparities and strategies to prevent future unit and service closures that affect children in need of these services; and (x) any other factors the council deems relevant for addressing the barriers to the delivery of an equitable, culturally-competent, affordable and clinically-appropriate continuum of behavioral health care and services to children who are consumers of behavioral health services and their families.
(c) The council shall file an interim report describing any initial recommendations and issues requiring further study with the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than November 15, 2021; provided, however, that the council may file such additional interim recommendations as it deems necessary.
(d) The council shall hold not less than 2 regional listening sessions and accept public comment from impacted children and their families including, but not limited to, underserved or underrepresented children and their families, prior to filing the interim report under subsection (c) and shall hold not less than 3 additional regional listening session and accept public comment, including from underserved or underrepresented children and their families, prior to filing its final report under subsection (e); provided, however, that the council may hold virtual public hearings if it is deemed to be in the interest of public health.
(e) The council shall file its final report and its recommendations with the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than March 15, 2022.
Section 122: COVID-19 Trauma Public Information Campaign
The department of mental health, in consultation with the department of public health and the executive office of public safety and security, shall provide targeted outreach to frontline workers including, but not limited to, healthcare workers and first responders and their families, to provide information about supports and other resources available to individuals experiencing trauma related to the outbreak of the 2019 novel coronavirus, also known as COVID-19. Targeted outreach shall provide information to frontline workers to: (i) help recognize feelings of anxiety, depression, sadness, anger or substance use disorder related to the outbreak of COVID-19; (ii) access information about available resources; (iii) identify available resources in different regions throughout the commonwealth; and (iv) identify programs offered by public and private employers available to frontline workers experiencing trauma related to the outbreak of COVID-19.
Section 123: COVID-19 Trauma Study
The department of public health shall conduct a study and report on the effects of the outbreak of the 2019 novel coronavirus, also known as COVID-19, on frontline healthcare workers, including, but not limited to, nurses, nurse practitioners, physician assistants, certified nurse aids, physicians and other healthcare providers in the commonwealth and their families. The study shall inform current and future practices for the wellbeing and maintenance of frontline healthcare workers. The department shall examine mental health effects including, but not limited to: (i) trauma; (ii) stress related disorders; (iii) depression; (iv) anxiety; (v) substance use disorders; and (vi) suicide. The study and report shall include data on the role of the frontline healthcare worker and various demographic factors including, but not limited to: gender, race, ethnicity, geographic location and age. The study and report shall include data on frontline healthcare workers in various locations throughout the commonwealth and shall identify any trends. The department shall submit a written report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on public health not later than September 1, 2022.
Section 124: Commission on Autism COVID-19 Study
The commission on autism established in section 217 of chapter 6 of the General Laws shall investigate and report on the impact of the outbreak of the 2019 novel coronavirus, also known as COVID-19, on Black, Latinx, Asian American and Pacific Islander, Native American and other individuals of color who have a diagnosis of autism spectrum disorder. The commission shall review all available data and information on the range of services and supports provided to individuals with autism spectrum disorder by each major racial and ethnic group, primary language, sex and economic status during the outbreak of COVID-19. The commission shall make recommendations to address any inequities caused by the outbreak of COVID-19 including, but not be limited to, establishing periodic benchmarks and cost estimates for a coordinated system-wide response to address the inequitable impact of the outbreak of COVID-19 and the recovery process on Black, Latinx, Asian American and Pacific Islander, Native American and other individuals of color with autism spectrum disorder. Not later than January 1, 2022 the commission shall submit a report of its investigation, including recommendations and any drafts of legislation necessary to carry those recommendations into effect, to the clerks of the house of representatives and the senate and the joint committee on children, families and persons with disabilities.
Section 125: ACCESS Information Campaign
The commissioner of public health shall establish a public information campaign to educate and promote awareness to pharmacies and the public, including, but not limited to, clinicians and pharmacists, about individuals' eligibility to receive a 12-month prescription for contraceptives after a 3-month trial period as required by chapter 120 of the acts of 2017. Information shall include, but not be limited to, the availability of a 12-month supply of contraceptives. The commissioner shall partner with insurers, pharmacies, advocacy organizations and employers to ensure that the campaign reaches pharmacists, clinicians and individuals eligible to receive a 12-month prescription for contraceptives in the commonwealth.
Section 126: DOC and Sheriffs Reports on Federal Agreements
(a) Not later than December 1, 2021, the sheriff's office in each county shall file a report with the clerks of the house of representatives and senate and with the house and senate committees on ways and means, which shall include: (i) the costs, revenues and reimbursements associated with any (A) agreement made pursuant to 8 U.S.C. 1357(g), and (B) intergovernmental service agreement for housing federal detainees; and (ii) a description of the performance of the functions thereof, for fiscal years 2018 to 2021, inclusive. For fiscal year 2022, the sheriff's office in each county shall file additional reports with such information on a quarterly basis beginning on October 1, 2021, with the clerks of the house of representatives and senate and the house and senate committees on ways and means not later than 15 days after the last day of the quarter.
(b) Not later than December 1, 2021, the department of correction shall file a report with the clerks of the house of representatives and senate and with the house and senate committees on ways and means, which shall include: (i) the costs, revenues and reimbursements associated with any (A) agreement made pursuant to 8 U.S.C. 1357(g), and (B) intergovernmental service agreement for housing federal detainees; and (ii) a description of the performance of the functions thereof, for fiscal years 2018 to 2021, inclusive. For fiscal year 2022, the department shall file additional reports with such information on a quarterly basis beginning on October 1, 2021, with the clerks of the house of representatives and senate and the house and senate committees on ways and means not later than 15 days after the last day of the quarter.
Section 127: Mental Health Emergency Response Commission
(a) There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to review and develop recommendations and best practices for local and regional public safety response to mental health emergencies in the commonwealth. Mental health emergencies shall include, but not be limited to, situations where an individual is: (i) imminently threatening harm to themselves or others in a life-threatening manner; (ii) severely disoriented; (iii) experiencing a severe inability to function; or (iv) otherwise distraught and out of control.
(b) The commission shall consist of the following 17 members: the chairs of the joint committee on mental health, substance use and recovery, who shall serve as co-chairs; the secretary of public safety and security, or a designee; the commissioner of mental health, or a designee; 1 person to be appointed by the speaker of the house of representatives; 1 person to be appointed by the senate president; 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; 5 persons to be appointed by the co-chairs, each of whom shall be a police officer from diverse geographic locations and communities throughout the commonwealth; and 1 representative from each of the following organizations: the National Alliance on Mental Illness of Massachusetts, Inc., the Massachusetts chapter of the National Association of Social Workers, Inc., the Association for Behavioral Healthcare Inc., and the Massachusetts Association for Mental Health, Inc.
(c) The commission shall examine ways to effectively, safely and efficiently respond to mental health emergencies in the commonwealth. The commission shall review: (i) the current local and regional public safety response to mental health emergencies in the commonwealth; (ii) practices in other states for responding to mental health emergencies by public safety officials; (iii) training programs, including, but not limited to, training for police officers pursuant to section 116G of chapter 6 of the General Laws and trainings for other individuals necessary to respond to mental health emergencies, including, but not limited to, emergency medical technicians, social workers or other clinical mental health professionals; (iv) specific responses and best practices for individuals of all ages experiencing mental health emergencies; (v) effective de-escalation techniques; (vi) whether trained personnel, including, but not limited to, social workers or other clinical mental health professionals, should respond in such emergencies or accompany police officers in responding to such emergencies; and (vii) whether the response should be by trained personnel in plain clothes.
(d) The commission shall recommend best practices for local and regional public safety response to mental health emergencies, including, but not limited to, trainings, manner of de-escalation, safety practices, personnel responding, including response in plain clothes or uniform, and type of response. Not later than September 1, 2022, the commission shall submit a report of its review and 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, the joint committee on public safety and homeland security and the joint committee on mental health, substance use and recovery.
Section 128: Special Commission on Poverty
(a) There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to study poverty in the commonwealth. The commission shall investigate, develop and recommend methods and strategies for reducing poverty and expanding opportunity for people with low incomes. The commission shall consist of: 1 member of the senate appointed by the senate president, who shall serve as co-chair; 1 member of the house of representatives appointed by the speaker of the house of representatives, who shall serve as co-chair; the chairs of the joint committee on children, families and persons with disabilities; the secretary of administration and finance or a designee; the secretary of health and human services or a designee; the secretary of elder affairs or a designee; the commissioner of public health or a designee; the undersecretary for housing and community development or a designee; the commissioner of transitional assistance or a designee; the secretary of labor and workforce development or a designee; the secretary of education or a designee; the secretary of transportation or a designee; the commissioner of early education and care or a designee; 2 members appointed by the co-chairs who shall have expertise in economics and socio-economic policy; 1 member appointed by the Massachusetts Association for Community Action, Inc.; 1 member appointed by Massachusetts Municipal Association, Inc.; 1 member appointed by Massachusetts Association of Community Development Corporations; 1 member appointed by Massachusetts Law Reform Institute, Inc.; 1 member appointed by Massachusetts Association for Early Education & Care, Inc.; 1 member appointed by Citizens' Housing and Planning Association, Inc.; 1 member appointed by Massachusetts Coalition for the Homeless, Inc.; 1 member appointed by Massachusetts Immigrant and Refugee Advocacy Coalition, Inc.; 1 member appointed by the United Way of Massachusetts Bay, Inc.; 1 member appointed by the Alliance for Business Leadership, Inc.; 1 member appointed by the Massachusetts Business Roundtable, Inc.; 1 member appointed by the Gerontology Institute at the University of Massachusetts Boston; 1 member appointed by Project Bread - The Walk for Hunger, Inc.; and 2 members who are not currently serving in public office to be appointed by the governor, 1 of whom shall be from a community foundation and 1 of whom shall be from a community-based organization. All appointments shall be made not later than 30 days after the effective date of this section. Members of the commission shall serve without compensation.
(b) The commission shall study ways to promote opportunity, address inequality and reduce poverty in the commonwealth. The commission shall make recommendations that, if implemented, would significantly reduce poverty in the commonwealth over the next 10 years. The study shall include, but not be limited to: (i) a historical analysis of poverty rates in the commonwealth; (ii) an analysis of demographic disparities in poverty rates including, but not limited to, any racial or ethnic disparities; (iii) an assessment of the underlying causes of poverty, including any specific issues that contribute to the disparities identified in clause (ii); (iv) an analysis of regional disparities in poverty rates in the commonwealth; and (v) a survey of existing public programs and services that most effectively reduce poverty both in the commonwealth and in other states. The commission's recommendations may include proposed legislative and regulatory changes. Any such recommendations shall include, if feasible, the estimated costs to the commonwealth of implementing the recommendations; provided, however, that such estimated costs shall take into account any reductions in the utilization and costs of other programs and services provided or supported by the commonwealth.
(c) The commission shall meet not less than quarterly. The commission may consult and collaborate with relevant experts, community-based organizations, research institutes and state agencies. The commission shall conduct not fewer than 2 public hearings in geographically diverse areas of the commonwealth.
(d) Not later than December 31, 2022, the commission shall file a report of its findings, including any legislative or regulatory recommendations, with the clerks of the senate and the house of representatives, the joint committee on children, families and persons with disabilities, the joint committee on housing, the joint committee on education, the joint committee on community development and small businesses, the joint committee on economic development and emerging technologies, the joint committee on public health, the joint committee on racial equity, civil rights, and inclusion and the senate and house committees on ways and means. The commission may make interim reports as appropriate.
Section 129: Nursing Home Licensure Commission
(a) There shall be a special commission to examine the department of public health's nursing home licensure process and requirements. The commission shall consist of the following 15 members: the commissioner of public health, or a designee, who shall serve as chair; the chairs of the joint committee of public health; the chairs of the joint committee on elder affairs; the secretary of elder affairs, or a designee; the secretary of health and human services, or a designee; the assistant secretary for MassHealth, or a designee; and 7 persons to be appointed by the governor, 1 of whom shall be a representative of the Massachusetts Senior Care Association, Inc., 1 of whom shall be a representative of LeadingAge Massachusetts, Inc., 1 of whom shall be a representative of Massachusetts Association of Residential Care Homes, Inc., 1 of whom shall be a representative of the Massachusetts Senior Action Council, Inc., 1 of whom shall be a representative of 1199 SEIU United Health Care Workers East, 1 of whom shall be a representative of the Massachusetts chapter of AARP and 1 of whom shall be an expert on long-term care and aging policy. In making appointments, the governor shall, to the maximum extent feasible, ensure that the commission represents a broad distribution of diverse perspectives and geographic regions throughout the commonwealth.
(b) The commission shall review current licensure requirements for nursing homes in the commonwealth, current licensure practices for other healthcare industries in the commonwealth and successful nursing home licensure programs in other states and best practices. The commission shall make recommendations to modify nursing home licensure requirements including, but not limited to: (i) strengthening suitability review; (ii) improving processes for review of new owners; and (iii) increasing transparency of the department of public health's licensure and suitability determination process. The commission shall make recommendations based on successful licensure programs in other healthcare industries in the commonwealth and other successful licensing programs in other states.
(c) The commission shall hold not less than 3 public meetings in different geographic regions throughout the commonwealth and solicit feedback from various stakeholders.
(d) Not later than October 1, 2023, the commission shall submit a report and 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, the house and senate committees on ways and means and the joint committee on public health.
Section 130: Auto Body Rates Commission
(a) There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to study auto body labor rates. The commission shall consist of: the chairs of the joint committee on financial services, who shall serve as co-chairs; the commissioner of insurance or a designee; 1 member of the senate appointed by the minority leader of the senate; 1 member of the house of representatives appointed by the minority leader of the house of representatives; the attorney general or a designee; 3 members from the auto insurance industry appointed by the Automobile Insurers Bureau of Massachusetts; 3 members from the auto repairer industry appointed by the Alliance of Automotive Service Providers of Massachusetts, Inc.; 1 member appointed by the governor, who shall represent a vocational-technical school or program; and 1 member who shall be a motor vehicle dealer licensed under section 1 of chapter 93B of the General Laws appointed by the Massachusetts State Automobile Dealers Association, Inc. Members of the commission shall serve without compensation.
(b) The study shall include, but not be limited to: (i) an analysis of auto body labor rates in the commonwealth, including a comparison of labor rates in surrounding states; (ii) an analysis of the impact of managed competition in the automobile insurance market on labor rates; (iii) an assessment of whether current labor rates are reasonable and, if not, an evaluation of potential methods for calculating a reasonable labor rate; (iv) the number of auto body shops in the commonwealth each year from 2008 to the present, including the number of shops that have closed during that time period; and (v) an analysis of the impact of labor rates on the auto body labor workforce.
(c) The commission shall hold not fewer than 2 public hearings in geographically diverse areas of the commonwealth and file a report of its findings, including any legislative or regulatory recommendations, with the clerks of the senate and house of representatives, the joint committee on financial services and the senate and house committees on ways and means not later than December 31, 2021.
Section 131: Commission on Methamphetamine Use
(a) There shall be a commission to study and make recommendations regarding methamphetamine and other stimulant use in the commonwealth.
The commission shall consist of: the secretary of health and human services or a designee, who shall serve as chair; the commissioner of public health or a designee; the chairs of the joint committee on mental health, substance use and recovery or their designees; a representative from The Massachusetts Medical Society; a representative from the Massachusetts Health and Hospital Association, Inc.; a representative from the Massachusetts Chiefs of Police Association Incorporated; a representative from the Fire Chiefs' Association of Massachusetts, Inc.; a representative from the Massachusetts Ambulance Association, Incorporated; a representative from Boston Emergency Medical Services; a representative from the New England High Intensity Drug Trafficking Area; a representative from the Association for Behavioral Healthcare, Inc.; and 7 members to be appointed by the chair, 1 of whom shall be a person with or in recovery from a stimulant use disorder, 1 of whom shall be a medical provider specializing in addiction with experience treating individuals with stimulant use disorder, 1 of whom shall be a behavioral health provider specializing in addiction with experience treating individuals with stimulant use disorder, 1 of whom shall have experience providing harm reduction services, 1 of whom shall be a clinician or researcher with expertise related to methamphetamine and other stimulant use in communities of color, 1 of whom shall be a clinician or researcher with expertise related to methamphetamine and other stimulant use by individuals experiencing homelessness and 1 of whom shall be a clinician or researcher with expertise related to methamphetamine and other stimulant use in the lesbian, gay, bisexual, transgender, queer and questioning community. In making appointments, the secretary shall, to the maximum extent feasible, ensure that the commission represents a broad distribution of diverse perspectives and geographic regions.
(b) The commission shall: (i) create aggregate demographic and geographic profiles of individuals who use methamphetamines and other stimulants, including identifying populations most vulnerable to use; (ii) examine the current availability of, and barriers to providing, harm reduction services and treatment to individuals with a stimulant use disorder, including, but not limited to, in outpatient treatment, rehabilitation and continuum of care settings; (iii) examine existing efforts undertaken by healthcare providers and the existing body of research around best practices for treating individuals with a stimulant use disorders, including, but not limited to, evidence for medication treatment for stimulant use disorder, the need for treatment of co-occurring disorders and how to create safe and therapeutic environments in inpatient and outpatient healthcare settings; (iv) examine existing efforts undertaken by service providers and the existing body of research around best practices for harm reduction efforts in working with individuals using stimulants, including, but not limited to, contingency management; (v) examine the intersections among stimulant use and sexual health, particularly among the lesbian, gay, bisexual, transgender, queer and questioning community; (vi) examine the intersections between stimulant use and homelessness; (vii) examine existing efforts undertaken by emergency medical service providers and law enforcement officials and the existing body of research on best practices for interacting with individuals with a stimulant use disorder, including, but not limited to, how to de-escalate situations and provide safety and security guidance to health care facilities and local police officers; (viii) examine the source, quantity, potency and pathways to local areas of illicit methamphetamine and other stimulants, related substances and products; and (ix) examine other matters deemed appropriate by the commission.
(c) The commission shall submit its findings and recommendations to the clerks of the senate and the house of representatives, the joint committee on mental health, substance use and recovery, the joint committee on public health, the joint committee on public safety and homeland security and the senate and house committees on ways and means not later than March 31, 2022. The secretary of health and human services shall make the report publicly available on the website of the executive office of health and human services.
Section 132: 250th American Revolution Anniversary Commission
(a) There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to investigate and study the promotion and celebration of the two hundred and fiftieth anniversary of the American Revolution. The commission shall consist of: the chairs of the joint committee on tourism, arts and cultural development, who shall serve as co-chairs; 2 members of the house of representatives, 1 of whom shall be appointed by the house minority leader; 2 members of the senate, 1 of whom shall be appointed by the senate minority leader; 2 members who shall be appointed by the state secretary; 1 member who shall be appointed by the mayor of the city of Boston; 1 member who shall be appointed by the mayor of the city of Cambridge; 1 member who shall be appointed by the select board of town of Arlington; 1 member who shall be appointed by the select board of the town of Concord; 1 member who shall be appointed by the select board of the town of Lexington; 1 member who shall be appointed by the select board of the town of Lincoln; the commissioner of conservation and recreation or a designee; the adjutant general or a designee; the president of the Massachusetts Historical Society or a designee; the executive director of The American Antiquarian Society or a designee; the president of the Massachusetts Council for Social Studies, Inc. or a designee; the executive director of the commission on Indian affairs or a designee; the president of the New England Historic Genealogical Society or a designee; the executive director of Preservation Massachusetts or a designee; the executive director of the Massachusetts Foundation for the Humanities or a designee; the executive director of the Massachusetts cultural council or a designee; the executive director of the Massachusetts Lodging Association, Inc. or a designee; and 15 members who shall be appointed by the governor, 1 of whom shall be a representative of the executive office of education, 1 of whom shall be a representative of The Colonial Society of Massachusetts, 1 of whom shall be a representative of the Greater Boston Convention & Visitors Bureau, Inc., 1 of whom shall be a representative of the Museum of African American History in the city of Boston, 2 of whom shall be scholars from an institution of higher learning with expertise in the area of colonial, revolutionary era history or American civics, 1 of whom shall be a member of the greater Boston business community, 2 of whom shall be representatives of the federal National Park Service with experience in geographical areas of the commonwealth of importance to Revolutionary War history, 1 of whom shall be a member of the Wampanoag Tribe of Gay Head Aquinnah, 1 of whom shall be a member of the Mashpee Wampanoag Tribe, 1 of whom shall be a representative of the Freedom Trail Foundation, Inc., 2 of whom shall be representatives of the office of travel and tourism and 1 of whom shall be a representative of the Massachusetts chapter of the National Society Daughters of the American Revolution.
(b) As part of its study and investigation, the commission shall: (i) develop a comprehensive plan for promoting and celebrating the two hundred and fiftieth anniversary of the American Revolution; (ii) identify all opportunities for individuals, municipalities or other actors across the commonwealth to participate in celebrations of the anniversary and recognize the particular history of their geographical areas; (iii) investigate and promote under-represented voices in the American Revolution including, but not limited to, women, native peoples and persons of color; and (iv) submit a report to the governor, the speaker of the house of representatives, the senate president and the clerks of the house of representatives and the senate that shall include, but not be limited to, an overview of the commonwealth's particular role in the American Revolution and notable battles, events and figures of the era. Upon agreement of the governor, speaker of the house of representatives and the senate president, the report may be published for distribution to the public.
Section 133: Nonimmigrant Status Certification for Victims of Crime 2
(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Certifying entity", a law enforcement agency, prosecutor or other state or local entity that has the authority to detect, investigate or prosecute severe forms of trafficking in persons or criminal activity.
"Criminal activity", as described in 8 U.S.C. 1101(a)(15)(U)(iii).
"Severe forms of trafficking in persons", as defined in 22 U.S.C. 7102.
(b) Not later than April 1, 2022, the executive office of public safety and security shall convene an interagency crime victim certification steering committee consisting of: the executive director of the Massachusetts office for victim assistance or a designee, who shall serve as co-chair; the secretary of public safety and security or a designee, who shall serve as co-chair; the attorney general or a designee; a chief of police to be appointed by the Massachusetts Chiefs of Police Association Incorporated; a district attorney to be appointed by the Massachusetts District Attorneys Association; 2 individuals to be appointed by the Massachusetts office for victim assistance, 1 of whom shall be an immigrant victim of criminal activity or an immigrant victim of severe forms of trafficking in persons and 1 of whom shall be a victim witness advocate; 2 individuals to be appointed by the department of public health, 1 of whom shall be a mental health professional and 1 of whom shall be a representative of an entity dedicated to working with lesbian, gay, bisexual, transgender, queer or intersex individuals; and 4 people appointed by the governor, 1 of whom shall be nominated by Jane Doe Inc.: the Massachusetts Coalition Against Sexual Assault and Domestic Violence, 1 of whom shall be nominated by the Massachusetts Children's Alliance, Inc., 1 of whom shall be a civil legal aid attorney working with immigrant victims of criminal activity or immigrant victims of severe forms of trafficking in persons nominated by the Massachusetts Law Reform Institute, Inc. and 1 of whom shall be a representative of a group dedicated to immigrant and refugee issues. The members of the steering committee shall serve without compensation.
(c) The steering committee shall assist in the implementation of chapter 258F of the General Laws. The steering committee's activities shall include, but not be limited to: (i) developing training materials for employees of certifying entities and other individuals who may interact with victims of criminal activity or victims of severe forms of trafficking in persons, including, but not limited to, victim advocates, court personnel or state agency personnel; (ii) creating sample policies to be utilized by certifying entities; (iii) providing technical assistance to certifying entities; and (iv) monitoring the implementation of the policies required under said chapter 258F.
(d) Not later than December 31, 2023, the steering committee shall file a report with the clerks of the senate and house of representatives, the joint committee on the judiciary and the joint committee on public safety and homeland security that shall include, but not be limited to: (i) a description of the activities of the steering committee; (ii) an overview of issues implementing the requirements of said chapter 258F; (iii) any recommendations to improve compliance with said chapter 258F; and (iv) any other information the steering committee deems relevant. The executive office of public safety and security shall make the report publicly available on its website.
Section 134: Non-Emergency Human Services Transportation Task Force
(a) There shall be a task force on non-emergency human services transportation to explore ways to better collaborate, improve service and achieve operational and cost efficiencies through the brokerage system and provide the highest quality outcomes for consumers utilizing these services. The task force shall consist of the following members or their designees: the director of the human service transportation office, who shall serve as chair; 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; a representative from the Massachusetts Department of Transportation; 3 persons to be appointed by the regional transit authority administrators, all of whom shall be regional transit authority administrators currently administering human services transportation; 2 persons to be appointed by the governor, 1 of whom shall be an expert in human services transportation planning; 1 person appointed by the Association of Developmental Disability Providers; and 6 representatives serving consumers with disabilities through the transportation program, 1 of whom shall be appointed by the Boston Center for Independent Living, Inc., 1 of whom shall be appointed by the statewide independent living council, 2 of whom shall be appointed by Arc Massachusetts, Inc., 1 of whom shall be appointed by the Disability Law Center, Inc. and 1 of whom shall be appointed by the Massachusetts developmental disabilities council.
(b) The task force shall make recommendations and propose guidelines on non-emergency human services transportation with the goal of examining and better understanding the human services transportation brokerage program and identifying opportunities for improved service and productivity that provides a strong safety net for vulnerable populations in both rural and urban areas. The recommendations and guidelines shall include, but not be limited to, the use of existing routes when available, the provision of bus passes to eligible individuals and the need to have strong, transparent and consistent cost allocation systems in place to ensure that the capital and operating costs for both the brokerage and public transit systems are assigned to the appropriate cost center for reimbursement.
(c) The recommendations and guidelines shall be used by the human services transportation office to develop non-emergency human services transportation broker services. The task force shall file a report of its study and its recommendations with the clerks of the house of representatives and senate, the house and senate committees on ways and means, the joint committee on transportation, the joint committee on children, families and persons with disabilities, the secretary of health and human services and the secretary of transportation not later than December 1, 2022; provided, however, that the task force may make a draft report available to the public for comment before filing its final version.
Section 135: Higher Education Affordability Task Force
(a) There shall be a task force to evaluate the affordability of public and private higher education options in the commonwealth. The evaluation shall include, but not be limited to, the impact of such affordability on: (i) the financial health and longevity of higher education institutions, including, but not limited to, the future role of small private colleges in the commonwealth; and (ii) the workforce pipeline, including, but not limited to: (A) attracting in-state and out-of-state students to higher education institutions in the commonwealth; (B) keeping students in the commonwealth after graduation; (C) the impact of student debt on career and other financial decisions; and (D) the ability of higher education institutions in the commonwealth to produce a workforce that can meet the employment needs of companies in the commonwealth and specific job sectors in need of specialized training.
The task force shall consist of: the commissioner of higher education or a designee, who shall serve as co-chair; the secretary of labor and workforce development or a designee, who shall serve as co-chair; the chairs of the joint committee on higher education; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; and 12 members appointed by the governor, 1 of whom shall be a student attending a community college in the commonwealth, 1 of whom shall be a student attending a public university in the commonwealth, 1 of whom shall be a student attending an independent institution of higher education in the commonwealth, 1 of whom shall be a representative of the University of Massachusetts recommended by the president of the university, 1 of whom shall be a representative of state universities in the commonwealth recommended by the Massachusetts State Universities Council of Presidents, 1 of whom shall be a representative of community colleges in the commonwealth recommended by the Massachusetts Association of Community Colleges, 1 of whom shall be a representative of private colleges and universities in the commonwealth recommended by the Association of Independent Colleges and Universities in Massachusetts, Inc., 1 of whom shall be a representative of the Associated Industries of Massachusetts, Inc., 1 of whom shall be a representative of the Massachusetts Business Alliance for Education, Inc., 1 of whom shall be a representative of the Massachusetts Teachers Association, 1 of whom shall be a representative of the Public Higher Education Network of Massachusetts Inc. and 1 of whom shall be a representative of the Massachusetts Business Roundtable, Inc. In making appointments, the governor shall, to the maximum extent feasible, ensure that the task force represents a broad distribution of diverse perspectives and geographic regions of the commonwealth.
(b) In conducting its evaluation, the task force shall consider: (i) current cost drivers in higher education and the associated impacts on large, medium and small institutions, including, but not limited to, trends in student enrollment and changing demographics; (ii) the existing state requirements to support financial stability in higher education, including, but not limited to, those established in chapter 113 of the acts of 2019, and any changes to improve implementation of those requirements, including changes to said chapter 113; (iii) existing federal laws that limit the ability of higher education institutions to discuss school pricing; (iv) the impact of affordability of higher education on job opportunities and internships; and (v) the impact of the COVID-19 pandemic on the affordability and stability of higher education institutions.
Section 136: Special Legislative Commission on School-based Health Centers
The special commission established by section 11 of chapter 124 of the acts of 2019 is hereby revived and continued to January 15, 2022. The special commission shall file its report pursuant to said section 11 of said chapter 124 with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health, the joint committee on mental health, substance use and recovery and the joint committee on education not later than January 15, 2022.
Section 137: DCR Special Commission Extension
The special commission to recommend ways for the department of conservation and recreation to improve the management, operations and asset condition of the natural, cultural and recreational resources held by the department established by section 100 of chapter 41 of the acts of 2019 is hereby revived and continued to December 31, 2021.
Section 138: Barnstable County Drive-Through Testing Facility PAC
Funds expended to the Barnstable county department of health and environment for the purposes of establishing a drive-through testing facility in the town of Falmouth as established in item 1599-1232 of chapter 124 of the acts of 2020 shall continue to be made available through fiscal year 2022.
Section 139: Parkinson's Disease Registry and Advisory Committee 2
The commissioner of public health shall appoint the members of the Parkinson's disease registry advisory committee, established by section 243 of chapter 111 of the General Laws, not later than 90 days after the effective date of this act.
Section 140: Parkinson's Disease Registry Effective Date
The department of public health shall begin collecting information for the Parkinson's disease registry established by section 243 of chapter 111 of the General Laws necessary to determine the incidence and prevalence of Parkinson's disease in the commonwealth no later than July 1, 2022.
Section 141: Child and Dependent Related Tax Credits and Taxation of Pass-Through Entities Effective Date 1
The credits authorized in subsections (x) and (y) of section 6 of chapter 62 of the General Laws shall be available for taxable years beginning on or after January 1, 2021.
Section 142: Disability Employment Tax Credit Effective Date
The credits authorized in subsection (z) of section 6 of chapter 62 of the General Laws and section 38JJ of chapter 63 of the General Laws shall be available for qualified employees with a disability who are hired after July 1, 2021 and shall be available for the tax year beginning on January 1, 2023 and for subsequent tax years.
Section 143: Cranberry Bog Tax Credit Effective Date 1
Section 38II of chapter 63 of the General Laws shall apply to taxable years beginning on or after January 1, 2020.
Section 144: Cranberry Bog Tax Credit Effective Date 2
Subsection (w) of section 6 of chapter 62 of the General Laws, as amended by sections 26 and 27, shall apply to taxable years beginning on or after January 1, 2020.
Section 145: Tax Expenditure Repeal Effective Date
Sections 23, 30, 32, 33 and 34 shall apply to taxable years beginning on or after January 1, 2022.
Section 146: Child and Dependent Related Tax Credits and Taxation of Pass-Through Entities Effective Date 2
Sections 24 and 39 shall apply for taxable years beginning on or after January 1, 2021.
Section 147: Film Tax Credit Effective Date
Sections 25 and 36 shall take effect for taxable years beginning on or after January 1, 2022.
Section 148: Cranberry Bog Tax Credit Sunset Date
Sections 28 and 38 shall take effect on January 1, 2025.
Section 149: Effective Date
Except as otherwise specified, this act shall take effect on July 1, 2021.