Sections 4-115 All Outside Sections

Section 56 of chapter 6 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

There shall be regional offices located in the cities of Fall River, Springfield and Worcester.

The sixth paragraph of said section 56 of said chapter 6, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commissioners shall each be delegated regional responsibilities as follows: 1 commissioner shall be responsible for the Springfield region, 1 commissioner shall be responsible for the Fall River region and shall be responsible with the third commissioner for the 11 Boston region.

Said chapter 6 is hereby further amended by adding the following section:-

Section 222. (a) For the purposes of this section, "state agency" shall mean the executive and judicial branches of the government of the commonwealth, any special legislative commission created by the general court and any agency, department or quasi-state agency.

(b) Notwithstanding any general or special law to the contrary, a state agency required by law to file reports with the general court or a committee thereof shall provide an electronic copy of the report to the clerks of the senate and house of representatives. The clerks of the senate and house of representatives shall: (i) make all such reports available online to the public in an accessible, searchable format through the general court's website; and (ii) create and maintain an archive of all such reports that is available online in a searchable format. The clerks of the senate and house of representatives shall develop procedures and requirements for the preparation of such reports to facilitate their collection and storage. A state agency submitting a report shall notify, in writing, every entity that is required by law to receive the report of the availability of the report on the general court's website and of the means of accessing the report. A state agency shall provide a hard copy of any such report upon request from an entity that is required by law to receive the report. Compliance with this section shall fulfill any general or special law requirement for the filing of a report by a state agency with the general court.

Chapter 6A of the General Laws is hereby amended by adding the following section:-

Section 109. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Government agency", a legal entity of state government established by the general court or by executive order as an agency, board, bureau, commission, council, department, office or division within the executive branch of the commonwealth with a specific mission and which is subject to the control of the governor or a quasi-public entity.

"Personal identifying information", information: (i) that directly identifies an individual, including name, address, social security number or other identifying number or code; (ii) by which an agency intends to identify specific individuals in conjunction with other data elements, which shall include indirect identification that may compile an identity, such as a combination of gender, race, birth date, geographic indicator and other descriptors; or (iii) that permits the physical or online contacting of a specific individual.

(b) Every government agency that collects demographic data as to the race or ethnicity of residents of the commonwealth shall use separate collection and tabulations for the following:

(i) each major Asian group, as reported by the United States Census Bureau, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, Cambodian, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, Nepalese, Burmese, Tibetan and Thai;

(ii) each major Pacific Islander group, as reported by the United States Census Bureau, including, but not limited to, Native Hawaiian, Guamanian, Samoan, Fijian and Tongan;

(iii) each other Asian or Pacific Islander group not listed in clause (i) or (ii);

(iv) each major Black or African American group, as reported by the United States Census Bureau, including, but not limited to, African American, Jamaican, Haitian, Nigerian, Ethiopian, Cape Verdean and Somali;

(v) each major Latino group, as reported by the United States Census Bureau, including, but not limited to, Mexican, Puerto Rican, Cuban, Salvadoran, Dominican and Colombian; and

(vi) each major white or Caucasian group, as reported by the United States Census Bureau, including, but not limited to, German, Irish, English, Italian, Polish, Portuguese and French.

(c) Each government agency shall allow an individual to choose more than 1 group, write in their own group or choose the aggregate category. No government agency shall fill out racial or ethnic information unless directed by the individual or required by state or federal law to fill out such information on the individual's behalf.

(d) Except for personal identifying information, which shall be deemed confidential, each government agency shall make the data available to the public in accordance with state and federal law. Data may be maintained in paper, electronic or other media form. To prevent identification of individuals, the data may be aggregated into categories at a state, county, city, census tract or zip code level to facilitate comparisons, to identify disparities and to be included in studies and reports. This subsection shall not be construed to prevent any other government agency from posting data collected on the agency's website in a manner prescribed in this section.

(e)(1) The secretary of administration and finance shall establish regulations and guidelines on the collection of demographic data, which shall include, but not be limited to: (i) a standardized form for information collection; (ii) revising the categories of race and ethnicity to ensure continued alignment with the categories reported by the United States Census Bureau, as set forth in the federal Office of Management and Budget's statistical standards for collecting and reporting race and ethnicity data across federal agencies; (iii) expanding the categories to ensure that individuals are able to accurately express self identification; (iv) a standardized format for agencies to make data publicly available and to update said data on an annual basis; (v) a method to ensure that no personal identifying information is publicly released; (vi) a standardized written disclosure to the individual completing the form that information collection is voluntary; (vii) procedures to ensure that nonparticipation in information collection shall have no impact on an individual's eligibility for state services; (viii) an annual review of the cost impact and success of collecting information; and (ix) a process by which government agencies may apply to the secretary of administration and finance for a programmatic or partial waiver from the requirements of this section based upon: (A) contradictory obligations under state or federal law; (B) a demonstration that the information cannot be collected without imposing a burden that outweighs the benefits of collection; or (C) a demonstration that the information collected cannot be reported in a way that protects personal identifying information.

(2) Annually, there shall be not less than 1 public hearing on the implementation of or changes in the regulations and guidelines established pursuant to paragraph (1).

(3) Annually, not later than August 1, the secretary of administration and finance shall file a report on the progress of data collection to the clerks of the house of representatives and senate and the joint committee on state administration and regulatory oversight. Said report shall include a list of all waivers granted to government agency programs pursuant to paragraph (1) and the grounds upon which each waiver was granted.

(f) All data collected by government agencies shall be subject to state and federal privacy laws, including, but not limited to, Title 13 of the United States Code and section 2 of chapter 93H.

Chapter 6C of the General Laws is hereby amended by adding the following section:-

Section 79. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Aggregate", granular materials such as gravel, sand and crushed rock that may be used          individually or are combined for a particular purpose.

"Certified professional geologist", a professional geologist certified by the American Institute of Professional Geologists.

"Concrete aggregate", natural sand, natural gravel or crushed aggregate products produced from ledge rock.

"Licensed professional geologist", a professional geologist certified by: (i) examination through the National Association of State Boards of Geology; or (ii) a state's licensing authority that follows the national standards of the National Association of State Boards of Geology's licensing program or its equivalent.

(b)          Any person seeking to mine, expand, excavate or otherwise operate a quarry, sand and gravel operation or any other aggregate source for the purpose

of producing concrete aggregate for sale or use in foundations, structural elements or infrastructure, including, but not limited to, roadways and bridges, shall submit to the department and the state geologist an application for a license to conduct such activity.

Each license application shall consist of: (i) a description of the geographic location of the aggregate source; (ii) an operations plan, including, but not limited to, mining, processing, storage and quality control methods; (iii) a geological source report, consistent with subsection (c); and (iv) the results of aggregate testing for the presence of pyrite and pyrrhotite, consistent with subsection (d). Each license application shall be accompanied by a fee as established by the department. Fees received by the department under this section shall be used to implement this section; provided, however, that any surplus fee receipts shall be deposited into the General Fund.

(c)          An applicant under this section shall prepare a geological source report as required under subsection (b). Such report shall be prepared by a

certified professional geologist, licensed professional geologist or an equivalent acceptable to the state geologist in a form and manner prescribed by the department, developed in consultation with the state geologist, a representative nominated by the Massachusetts Aggregate & Asphalt Pavement Association, Inc. and a representative nominated by the Massachusetts Concrete & Aggregate Producers Association, Inc., and shall include, but shall not be limited to: (i) a description of the characteristics of the aggregate to be excavated at the aggregate source location; (ii) a description of the products to be produced at such location; and (iii) a copy of the results of an inspection of face material and geologic log analysis, which shall be conducted not more than 60 days prior to the date of the report. A geological source report prepared under this subsection shall be valid for a period of 1 year from the date of preparation.

(d)          Aggregate testing to identify the presence of pyrite and pyrrhotite required under subsection (b) shall include, but shall not be limited to, a total

sulfur test to measure total sulfur content in a representative sample. Aggregate testing shall be performed by an accredited laboratory in accordance with applicable standards established by American Society of Testing and Materials International or alternate standards to be determined by the department in consultation with the state geologist.

(e)          The secretary or a designee, in consultation with the state geologist, shall review each license application submitted pursuant to this section and

notify each applicant whether the license has been approved and any applicable conditions of operation. If the application is denied, the notification shall include the reason for denial. A license granted under this section shall be valid for 1 year from the date of approval; provided, however, that a license may be renewed after it expires. The department shall state the aggregate testing requirements established under subsection (d) in the license application; provided, however, that the state geologist may request additional testing or information during the review of a license application. The department may modify testing requirements and application criteria at its discretion.

The department may issue a license valid for more than 1 year to an applicant that has submitted geological source reports and been approved for a license for 5 consecutive years; provided, however, that the licensee shall be required to submit annual geologic source reports as a condition for receiving such license.

(f)          A person owning or operating an aggregate source, subject to licensure pursuant to this section, shall maintain all records relevant to such

licensure and operation, including, but not limited to, a record of sale for all aggregate, for not less than 30 years.

(g)          A person owning or operating a concrete production facility for the purpose of producing concrete for sale or use in foundations, structural elements

or infrastructure, including, but not limited to, roadways and bridges, and who is in receipt of aggregate material from a source licensed pursuant to this section, shall maintain a record of the aggregate used in individual concrete batches for not less than 30 years.

(h)          The department, in consultation with the state geologist, shall maintain all data collected under this section.

(i)          Nothing in this section shall affect the operations of quarries producing aggregate for purposes other than those described in subsection (b).

(j)          The department, in consultation with the state geologist, shall promulgate regulations to implement this section.

Section 78 of chapter 10 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word "service", in line 23, the following words:- ; and provided further, that any veteran discharged or released under other than honorable conditions due to sexual orientation, gender identity, gender expression or HIV status based on the veteran's DD-214 form or equivalent documentation shall be eligible for a bonus under this section.

Said section 78 of said chapter 10, as so appearing, is hereby further amended by inserting after the word "service", in line 118, the following words:- or to a veteran discharged or released under other than honorable conditions due to sexual orientation, gender identity, gender expression or HIV status based on the veteran's DD-214 form or equivalent documentation.

Section 9 of chapter 15A of the General Laws, as amended by section 43 of chapter 7 of the acts of 2023, is hereby further amended by adding the following paragraph:- Notwithstanding any general or special law to the contrary, for the purpose of determining eligibility for in-state tuition rates and fees and for state-funded financial assistance at public institutions of higher education, any individual admitted to such public institutions of higher education, other than a nonimmigrant alien within the meaning of 8 U.S.C. § 1101(a)(15)(A) to (S), inclusive, who attended high school in the commonwealth for not less than 3 years and graduated from a high school in the commonwealth or attained the equivalent thereof in the commonwealth, shall be eligible to pay in-state tuition rates and fees and shall be eligible on the same terms as other individuals for state-funded financial assistance at such statefunded public and state-approved private, independent nonprofit institutions of higher education; provided, however, that any individual who is eligible for the military selective service under the federal Military Selective Service Act, as amended by 50 U.S.C. 14 App. 453 § 3, shall register for such. No individual qualified for in-state tuition rates and fees under this chapter shall be denied in-state tuition and fees as a result of the granting of eligibility under this paragraph. To receive in-state tuition under this section, an eligible individual shall provide the public institution of higher education where the eligible individual is or plans to become enrolled with a high school transcript or certificate demonstrating completion of the equivalent thereof in the commonwealth and: (i) a valid social security number; (ii) a document reflecting issuance of an individual taxpayer identification number; (iii) if that individual is not a citizen of the United States or a legal permanent resident of the United States, an affidavit signed under the pains and penalties of perjury stating that the individual has applied for citizenship or legal permanent residence or will apply for citizenship or legal permanent residence in accordance with federal statute and federal regulations within 120 days of eligibility for such status; or (iv) documentation of registration with the selective service, if applicable.

Said chapter 15A is hereby further amended by inserting after section 16 the following section:-

Section 16A. (a) There shall be a scholarship program, subject to appropriation, to be administered by the board, which shall be known as the high demand targeted scholarship program, to provide financial assistance to students in the commonwealth who are enrolled in and pursuing a program of higher education for an in-demand profession as defined by the executive office of labor and workforce development's study on labor market conditions.

(b)(1) Eligibility for the scholarship program shall be limited to students that: (i) reside in the commonwealth for at least 1 year prior to the start of the academic year; (ii) agree to complete an undergraduate or graduate degree or certificate program at a public institution of higher education pursuant to section 5; (iii) maintain a minimum grade point average of 3.0 annually and demonstrate satisfactory academic progress in accordance with institutional standards; (iv) successfully complete an undergraduate or graduate degree or certificate program at said public institution of higher education; (v) enter into an in-demand occupation, as defined by the executive office of labor and workforce development's study on labor market conditions, in the commonwealth; provided, that said in-demand occupation shall be consistent with the undergraduate or graduate degree or certificate; (vi) commit to working in the commonwealth for a term of not less than 5 years in an in-demand occupation as defined by said study; and (vii) meet any additional criteria required by the board.

(2) Scholarships shall be awarded to qualified students to cover the cost of tuition, fees and additional costs of attendance as calculated by the student's public institution of higher education, including, but not limited to, room and board, books and supplies, transportation, child care and personal expenses associated with obtaining an undergraduate or graduate degree or certificate program at a public institution of higher education.

(c) The board, in coordination with the Massachusetts state scholarship office, shall:

(1)          promulgate guidelines governing the high demand targeted scholarship program;

(2)          promulgate procedures for repayment of the amount of scholarship benefits for persons who participate in the program but who fail to complete the

5-year commitment pursuant to clause (vi) of paragraph (1) of subsection (b); provided, however, that the procedures shall be designed to ensure there are no disincentives for low-income students to participate in the program and shall consider: (i) the amount of scholarship benefits the participant has received; (ii) the participant's current income if not working in an in-demand occupation; and (iii) the amount of time the participant worked in the commonwealth in the in-demand occupation consistent with their undergraduate or graduate degree or certificate; and

(3) establish an outreach plan to attract individuals to in-demand professions through the scholarship program.

(d) Annually, not later than July 31, the board shall submit a report detailing activity of the program, including, but not limited to: (i) the number of scholarships awarded by the program; provided, that the board shall categorize the number of scholarship awards by indemand profession and public institution of higher education; (ii) demographic information of the recipients of the scholarship program; and (iii) the average scholarship award amount, which shall be categorized by in-demand profession and public institution of higher education.

Chapter 17 of the General Laws is hereby amended by adding the following section:-

Section 22. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Certified school", a school certified by the department pursuant to subsection (c).

"Certified training program", a training program certified by the department pursuant to subsection (b).

"Operation House Call", a program developed by the Arc of Massachusetts that teaches health care professionals skills to enhance the treatment and care of persons with autism and other intellectual and developmental disabilities.

"School", an accredited institution of higher education that provides a course of study for students in: (i) health care, including, but not limited to, medical schools, nursing schools and dental schools; or (ii) other related fields, including, but not limited to, physician assistants, dieticians, nutritionists, physical therapists, dental hygienists, allied mental health and human services professionals.

"Training program", training for students that focuses on instruction and best practices for the treatment and care of patients with intellectual and developmental disabilities, including, but not limited to, autism spectrum disorders.

(b) The department, in consultation with the department of developmental services and the Arc of Massachusetts, shall establish standards for a certified training program for schools. A training program, to be certified by the department as a certified training program, shall:

(i)          be modeled on Operation House Call;

(ii)          be offered by schools to participating students on a voluntary basis separate from the students' required course of study; and

(iii)          maintain recognized standards and practices that provide instruction to students that:

(A)          uphold industry standards for instructing students pursuing a health care profession on best practices for the treatment and care for individuals

with intellectual and developmental disabilities, including, but not limited to, autism spectrum disorders; and

(B)          include not less than 6 hours of training consisting of didactic classroom instruction, experiential learning and online learning.

(c) The department shall certify that a school offers a certified training program, as described in subsection (b), upon receipt and review of documentation demonstrating that:

(i)          the school has successfully delivered the training program to a sufficient number of participating students, as mutually agreed upon by the school

and the provider of the training; and

(ii)          the training program meets the minimum standards and practices pursuant to subsection (b).

(d)          The director of the bureau of family health and nutrition shall periodically evaluate the integrity and efficacy of the training programs offered at

schools seeking certification.

(e)          The department shall prepare, publish, disseminate and annually update a list of certified schools. The list of certified schools shall be published in a location that is accessible to prospective students seeking to apply to attend a school in a health care or related field.

Section 5 of chapter 21C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-

No person shall store hazardous waste in a building or other permanent or temporary structure, vehicle, trailer or outdoor area within a facility that does not have installed a fire suppression system required by the state building code or the state fire code.

Section 26 of chapter 23K of the General Laws, as so appearing, is hereby amended by inserting after the word "commission", in line 37, the following words:- ; provided, however, that the division of gaming liquor enforcement of the alcoholic beverages control commission, in consultation with the commission, shall, for violations of said chapter 138, enforce, regulate and control the distribution of alcoholic beverages to be drunk in a gaming establishment but not within a gaming area, including, but not limited to, restaurants and bars.

Chapter 29 of the General Laws is hereby amended by striking out section 2LLLLL, as most recently amended by section 15 of chapter 2 of the acts of 2023, and inserting in place thereof the following section:-

Section 2LLLLL. There shall be a separate, non-budgeted Low-income Services Solar Program Fund that shall be administered by the department of energy resources. There shall be credited into the fund revenues or other financing sources directed to the fund by appropriation or any other money authorized by the general court and specifically designated to be credited to the fund, any income derived from the investment of amounts credited to the fund and money from the repayment of loans from the fund, funds from public or private sources, including, but not limited to, gifts, federal, state or private grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund and all other amounts credited or transferred into the fund from any other source. The department shall establish a grant program to provide solar energy technology to nonprofit organizations offering services, including, but not limited to, food security and homelessness and emergency shelter; provided, however, that any such grant shall be expended for solar energy technology at the principal place of the nonprofit organization's operations or at any location or site that has a primary or secondary function to provide such benefits or services, including, but not limited to, satellite operations space or affiliated organization locations; provided further, that 100 per cent of the solar energy produced by the technology shall benefit the nonprofit organization. The amounts credited to the fund shall not be subject to appropriation and shall be available for expenditure for the costs associated with purchasing and installing solar energy generating equipment for nonprofit organizations that meet criteria set forth by the department. Not less than 10 grants shall be awarded per fiscal year to nonprofits located in geographically diverse areas and no grant amount shall exceed $50,000. The department shall submit an annual report on all disbursements made from the fund, including, but not limited to, a list of grant awardees and the amounts awarded, to the clerks of the senate and house of representatives and the joint committee on telecommunications, utilities and energy not later than December 31.

Said chapter 29 is hereby further amended by inserting after section

2AAAAAA the following 3 sections:-

Section 2BBBBBB. (a) For the purposes of this section, "income surtax revenue" shall mean income tax revenue from the additional 4 per cent income tax levied on annual taxable income in excess of $1,000,000, as adjusted, pursuant to Article XLIV of the Amendments to the Constitution of the Commonwealth.

(b)          There shall be established and set up on the books of the commonwealth a separate fund known as the Education and Transportation Fund. The fund shall

be credited with: (i) income surtax revenue; (ii) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (iii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iv) any interest earned on the assets of the fund. Amounts credited to the fund shall be expended, subject to appropriation, for quality public education and affordable public colleges and universities and for the repair and maintenance of roads, bridges and public transportation. The fund shall not be subject to section 5C.

(c)          Quarterly, the comptroller shall transfer from the fund the amount of tax revenues the department of revenue estimates to have been collected from

income surtax revenue that exceeds the threshold established pursuant to subsection (f), as follows: (i) 15 per cent of such amount shall be transferred to the Education and Transportation Reserve Fund established in section 2CCCCCC; and (ii) 85 per cent of such amount shall be transferred to the Education and Transportation Innovation and Capital Fund established in section 2DDDDDD; provided, however, that if in any year the transfer required under clause (i) would cause the balance of the Education and Transportation Reserve Fund to exceed 33 per cent of the threshold established pursuant to said subsection (f), such transfer shall be adjusted to meet a total balance of 33 per cent and all remaining funds shall be transferred to the Education and Transportation Innovation and Capital Fund.

(d)          Income surtax revenues collected and deposited into the Education and Transportation Fund shall not be subject to the allowable state tax revenue

limitations established by chapter 62F. Annually, not later than September 1, the commissioner of revenue shall estimate, for the preceding fiscal year, the amount of revenue to exclude from the chapter 62F calculation and shall include such estimate in the report submitted to the state auditor pursuant to subsection (a) of section 5 of said chapter 62F; provided, however, that this estimate shall be final.

(e)          Income surtax revenues collected and deposited into the Education and Transportation Fund shall not be considered tax revenues collected from capital

gains income for the purposes of section 5G. The commissioner of revenue shall estimate, in the capital gains tax certification in the fourth quarter of the fiscal year, the amount of revenue to exclude from the section 5G calculation; provided, however, that this estimate shall be final.

(f)          Annual expenditures from the fund shall not exceed a spending threshold proposed by the governor and enacted by the general court as part of the

consensus revenue process pursuant to section 5B. The annual spending threshold shall represent an amount of revenue that may reliably be expected to occur in the ensuing fiscal year based on experience to date and the testimony provided at the joint hearing on the economy under said section 5B.

(g)          Any expenditures authorized from the fund shall be subject to sections 9B and 9C, without respect to whether such purposes would otherwise be subject

to allotment; provided, however, that section 9C shall only apply where the amount of certified revenue in any fiscal year is less than the annual spending threshold established under subsection (f).

(h)          Annually, in consultation with the secretary of administration and finance, as part of the annual statutory basis financial report required pursuant

to paragraph (2) of subsection (a) of section 12 of chapter 7A, the comptroller shall certify the amount of funds expended in the prior fiscal year from the fund and designate each expenditure as transportation or education on the basis of the department through which the expenditures were authorized.

Section 2CCCCCC. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Education and Transportation Reserve Fund. The fund shall be credited with: (i) funds transferred pursuant to subsection (c) of section 2BBBBBB; (ii) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (iii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iv) any interest earned on the assets of the fund. The balance of the fund shall not exceed 33 per cent of the annual spending threshold set pursuant to subsection (f) of said section 2BBBBBB. Amounts credited to the fund may be expended, subject to appropriation, to offset the unforeseen and dramatic loss of revenues within a fiscal year, after implementing all efficiencies and savings possible, to pay current liabilities of the Education and Transportation Fund established in subsection (b) of said section 2BBBBBB. The account shall not be subject to section 5C.

(b) The comptroller shall certify the balance of the fund at the end of each fiscal year.

Section 2DDDDDD. (a) There shall be established and set up on the books of the commonwealth a separate fund knows as the Education and Transportation Innovation and Capital Fund. The fund shall be credited with: (i) funds transferred pursuant to subsection (c) of section 2BBBBBB; (ii) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (iii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iv) any interest earned on the assets of the fund. Amounts credited to the fund shall be expended, subject to appropriation, on 1-time investments, including, but not limited to, pay-go capital or other 1-time projects, related to quality public education and affordable public colleges and universities and for the repair and maintenance of roads, bridges and public transportation. Amounts credited to the fund shall be made available for expenditure upon their certification pursuant to section 5I. The fund shall not be subject to section 5C.

(b) The comptroller shall certify the balance of the fund at the end of each fiscal year.

Section 2BBBBBB of said chapter 29, inserted by section 17, is hereby amended by striking out subsection (f) and inserting in place thereof the following subsection:-

(f) The annual spending threshold shall be equal to the prior year spending threshold, plus an adjustment factor equal to the 10-year rolling rate of growth of income subject to the additional 4 per cent tax, as certified by the commissioner of revenue. For years in which the additional 4 per cent tax was not in effect, the commissioner shall calculate the amount of

income that would have been subject to the taxes, adjusted for increases in the cost of living in the same manner as described in Article XLIV of the Amendments to the Constitution of the Commonwealth and set forth pursuant to paragraph (d) of section 4 of chapter 62.

Section 5G of said chapter 29, as appearing in the 2022 Official Edition, is hereby amended by adding the following paragraph:-

For the purposes of this section, income tax revenue collected from the additional 4 per cent income tax levied pursuant to Article XLIV of the Amendments to the Constitution of the Commonwealth shall not be considered to be tax revenue collected from capital gains income.

Said chapter 29 is hereby further amended by inserting after section 5H the following section:-

Section 5I. (a) Annually, not later than February 20, May 20, July 20 and October 20, pursuant to paragraph (1) of subsection (b), and annually not later than December 15, pursuant to paragraph (2) of said subsection (b), the commissioner of revenue shall certify to the comptroller the amount of tax revenues estimated to have been collected during the preceding period due to the additional 4 per cent income tax levied pursuant to Article XLIV of the Amendments of the Constitution of the Commonwealth with adjustments described in subsection (c).

(b)(1) For the purposes of this section, quarterly periods shall be defined as October 1 to January 31, inclusive, February 1 to April 30, inclusive, May 1 to June 30, inclusive, and July 1 to September 30, inclusive.

(2)          Each quarterly period certification under subsection (a) shall include, as necessary, adjustments to estimates made with respect to prior quarters of

the same fiscal year; provided, however, that annually, not later than December 15, the commissioner shall issue to the comptroller the preliminary certification of tax revenues collected during the preceding fiscal year due to the additional 4 per cent income tax levied pursuant to Article XLIV of the Amendments of the Constitution of the Commonwealth, plus adjustments as necessary for prior fiscal years.

(3)          Each quarterly period certification shall include the total balance, in the aggregate, of the funds established in sections 2BBBBBB, 2CCCCCC and

2DDDDDD.

(c) Upon the quarterly certification by the commissioner pursuant to subsection (a), the comptroller shall transfer quarterly all such certified revenue, net of all necessary adjustments, from the General Fund to the Education and Transportation Fund established in section 2BBBBBB. Transfers shall be credited in the same fiscal year during which the certification is issued; provided, however, that any transfers resulting from the July 20 certification shall be credited in the fiscal year ending on the immediately preceding June 30.

Section 6D of said chapter 29, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 22 to 24, inclusive, the words "and (g) section 2E, which shall set forth appropriations to support transfers to funds other than budgetary funds" and inserting in place thereof the following words:- (g) section 2E, which shall set forth appropriations to support transfers to funds other than budgetary funds; and (h) section 2F, which shall set forth appropriations funded from the Education and Transportation Fund and Education and Transportation Innovation and Capital Fund.

Subdivision (1) of section 22C of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Notwithstanding any general or special law to the contrary, appropriations or transfers made to the Commonwealth's Pension Liability Fund in fiscal years 2024 to 2026, inclusive, shall be made in accordance with the following funding schedule: (i) $4,104,583,378 in fiscal year 2024; (ii) $4,499,854,757 in fiscal year 2025; and (iii) $4,933,190,770 in fiscal year 2026. Notwithstanding any provision of this subdivision to the contrary, any adjustments to these amounts shall be limited to increases in the schedule amounts for each of the specified years.

Chapter 32A of the General Laws is hereby amended by adding the following section:-

Section 33. (a) For the purposes of this section, "federally-defined preventive services" shall mean: (i) evidence-based items or services that currently have a rating of "A" or "B" in the recommendations of the United States Preventive Services Task Force; (ii) immunizations with routine use in children, adolescents and adults that currently have a recommendation from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention with respect to the individual involved; (iii) with respect to infants, children and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the federal Health Resources and Services Administration; and (iv) with respect to women, such additional preventive care and screenings not described in clause (i) as provided for in comprehensive guidelines supported by the federal Health Resources and Services Administration; provided, however, that "federally-defined preventive services" shall include all other preventive services not subject to cost-sharing, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(b) The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission coverage for federally-defined preventive services.

(c)(1) Coverage provided pursuant to this section shall not be subject to any cost-sharing, including, but not limited to, co-payments, co-insurance or any deductible, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(2) Benefits for an enrollee pursuant to this section shall be the same for the enrollee's covered spouse and covered dependents.

(d) Nothing in this section shall prohibit: (i) coverage for items and services in addition to those recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention or the federal Health Resources and Services Administration; or (ii) denying coverage for items or services not recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention or the federal Health Resources and Services Administration.

(e) If a recommendation pursuant to subsection (a) is changed during a plan year, a carrier shall not be required to make changes to the health plan during the plan year.

Chapter 38 of the General Laws is hereby amended by inserting after section 2A the following section:-

Section 2B. In the case of the death of a child under the age of 2, the chief medical examiner shall review and approve: (i) the findings and report of the medical examiner performing the autopsy to determine the cause of death; and (ii) any change to the autopsy report.

Section 10 of chapter 44 of the General Laws, as appearing in the 2022

Official Edition, is hereby amended by adding the following paragraph:-

Notwithstanding this section, indebtedness authorized by a city or town to pay costs of constructing, reconstructing, equipping and furnishing a school facility for the education of school children for which grant funds in support of such project from the Massachusetts School Building Authority are not otherwise available and for which such city or town has voted, in accordance with paragraph (k) of section 21C of chapter 59, to exclude the repayment of such indebtedness from the tax levy limitations set forth in said section 21C of said chapter 59 shall not be reckoned in determining the limit of indebtedness under this section.

Said chapter 44 is hereby further amended by striking out section 54 and inserting in place thereof the following section:-

Section 54. (a) Trust funds, including cemetery perpetual care funds, unless otherwise provided or directed by the donor of the funds, shall be deposited in: a trust company, co-operative bank or savings bank, if the trust company or bank is organized or exists under the laws of the commonwealth or any other state or may transact business in the commonwealth and has its main office or a branch office in the commonwealth; a national bank, federal savings bank or federal savings and loan association, if the bank or association may transact business and has its main office or a branch office in the commonwealth; provided, however, that a state-chartered or federally-chartered bank shall be insured by the Federal Deposit Insurance Corporation or its successor or invested by cities and towns in participation units in a combined investment fund under section 38A of chapter 29 or in bonds or notes which are legal investments for savings banks. Cities and towns having such funds in the custody of the treasurer in an aggregate amount in excess of $250,000 may also invest such funds in securities, other than mortgages or collateral loans, which are legal for the investment of funds of savings banks under the laws of the commonwealth; provided, that not more than 15 per cent of any such trust funds shall be invested in bank stocks and insurance company stocks, nor shall more than 1 1/2 per cent of such funds be invested in the stock of any 1 bank or insurance company.

(b)(1) A city, town or district that accepts this subsection in the manner provided in section 4 of chapter 4 may manage trust funds held in the custody of the treasurer of the city, town or district as a combined investment pool and may invest said funds in accordance with chapter 203C and not in accordance with subsection (a). If any provision of this subsection conflicts with the terms of a bequest, trust or other instrument that expresses the clear intent of the donor, then such funds may be managed and invested only in accordance with the terms of such bequest, trust or other instrument.

(2) Paragraph (1) shall only apply to trust funds and shall not apply to any other money held or controlled by a city, town or district or to any money held or controlled by any other municipal authority, commission or other such entity or fund which is authorized to invest its funds pursuant to this section.

(c) Municipal trust funds subject to this section invested in a chartered, insured financial institution shall only be deposited in accordance with subsection (a).

(d) This section shall not apply to the city of Boston.

Section 13 of chapter 58 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the figure "16", in line 74, the following words:- ; of all land comprising the north shore regional 911 center and the Essex county correctional facility in the town of Middleton.

Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(d) Where the sum of Part A taxable income, Part B taxable income and Part C taxable income exceeds $1,000,000 in a taxable year, the portion of such taxable income exceeding $1,000,000 shall be taxed at the rates specified in subsections (a) to (c), inclusive, plus an additional 4 per cent. In determining such sum, any negative amount or loss in any part of taxable income shall not be applied to reduce income in any other part or otherwise be applied to reduce such sum. Annually, the $1,000,000 taxable income threshold referenced in this subsection shall be subject to the cost-of-living adjustment as provided by subsection (f) of section 1 of the Code. The commissioner may promulgate regulations or issue other guidance as necessary or appropriate to implement this paragraph.

Subsection (a) of section 5A of said chapter 62, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 3 sentences:- The amount of Part A taxable income, Part B taxable income and Part C taxable income of any nonresident of the commonwealth derived from the Massachusetts gross income of such person shall be taxed in accordance with section 4. Where the sum of Part A taxable income, Part B taxable income and Part C taxable income exceeds $1,000,000 in a taxable year, the portion of such taxable income exceeding $1,000,000 shall be taxed in accordance with paragraph (d) of said section 4. In determining such sum, any negative amount or loss in any Part of taxable income may not be applied to reduce income in any other Part or otherwise be applied to reduce such sum. The commissioner may promulgate regulations or issue other guidance as necessary or appropriate to implement this subsection.

Section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in line 290, the figure "2023" and inserting in place thereof the following figure:- 2028.

Said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out, in line 296, the figure "2024" and inserting in place thereof the following figure:- 2029.

Section 38Q of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure "2023" and inserting in place thereof the following figure:- 2028.

Said section 38Q of said chapter 63, as so appearing, is hereby further amended by striking out, in line 9, the figure "2024" and inserting in place thereof the following figure:- 2029.

Chapter 69 of the General Laws is hereby amended by striking out section

1C and inserting in place thereof the following 2 sections:-

Section 1C. (a)(1) The board shall require all schools providing school lunch as provided in the National School Lunch Act, as amended, or school breakfast as provided in the National Child Nutrition Act, as amended, to make breakfast and lunch available at no charge to each attending student regardless of household income. Schools shall maximize access to federal funds for the cost of breakfast and lunch by adopting: (i) the federal community eligibility provision or provision 2, pursuant to section 72A of chapter 71; or (ii) other applicable federal provisions, including, but not limited to, the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296. The department shall reimburse the difference between the amount paid by the United States Department of Agriculture and the free rate as set annually by the United States Secretary of Agriculture under 42 U.S.C. 1759a for each school.

(2) All schools that serve breakfast pursuant to paragraph (1) and where not less than 60 per cent of the students at the school are eligible for free or reduced-price meals under the National School Lunch Program, as determined by the department, shall offer all students a school breakfast after the beginning of the instructional day. A school subject to this paragraph may use the breakfast service model that best suits its students in accordance with this section and the department's guidelines or regulations, including, but not limited to: breakfast in the classroom, grab and go breakfast or second chance breakfast. The department shall issue guidelines or promulgate regulations to implement this paragraph and may consult with nonprofit organizations with experience regarding equity, the opportunity gap, hunger and food security issues and best practices for improving student access to school breakfast. The department shall annually: (i) collect information about availability and participation rates of students who partake in a school breakfast after the beginning of the instructional day pursuant to this paragraph at each school; and (ii) make the information publicly available on its website not later than July 1.

(b) The board shall establish minimum nutritional standards for all school food services in all public elementary, secondary and vocational-technical schools. Standards and regulations of the board promulgated pursuant to this subsection shall be adopted in the following manner. A copy of such regulations and standards shall be filed by the board with the clerks of the house of representatives and the senate who shall refer such regulations and standards to the joint committee on education for review. Within 30 days after such filing, said committee shall hold a public hearing on the regulations and standards, shall issue a report and file a copy thereof with the board of education. The board shall adopt final regulations and standards making such revisions in the interim regulations and standards as it deems appropriate in view of such report and shall forthwith file a copy of the regulations and standards with the joint committee on education and not earlier than 30 days after the date of such filing, the board shall file the final regulations and standards with the state secretary and the regulations shall thereupon take effect.

Section 1C 1/2. The board may require that all public schools provide for immunization against Hepatitis B for any school employee who works with developmentally disabled students and requests such immunization; provided, however, that such employee is not covered for immunization against Hepatitis B by the employee's own health insurance. The commissioner shall establish guidelines for the purpose of reimbursing cities and towns for such immunization.

Said chapter 69 is hereby further amended by adding the following section:-

Section 37. (a)(1) There shall be a competitive grant program, known as Green School Works, to provide financial support to eligible K-12 public schools or districts for projects to install or maintain clean energy infrastructure. The program shall be administered by the department, in consultation with the Massachusetts clean energy technology center, established by section 2 of chapter 23J. Grants shall be made available to address the costs of installation, operation or upgrades of clean energy infrastructure that improves energy efficiency, reduces carbon emissions or mitigates impacts of climate change, including school rooftop construction or repair costs necessary for a clean energy infrastructure project to be safely installed; provided, that such installation, operation or upgrades shall be conducted in compliance with any relevant procurement laws, including, but not limited to, chapter 149 and all state and local building codes.

(2) Grants awarded by the department shall maximize the total number of projects that shall be undertaken by public schools or districts.

(b) The department, in consultation with the Massachusetts clean energy technology center, shall establish eligibility and selection criteria for the program. The department may give preference to grant applications from schools serving low-income and environmental justice populations.

(c) Annually, not later than July 15, the commissioner shall report to the clerks of the house of representatives and the senate, the joint committee on education, the joint committee on telecommunications, utilities and energy and the house and senate committees on ways and means on the grants awarded during the previous fiscal year, including the grant amount, grant recipient, a description of the project for which the grant was awarded and any progress on completion of the project.

(d) The department, in consultation with the Massachusetts clean energy technology center and the Massachusetts School Building Authority, established by section 1A of chapter 70B, shall promulgate regulations to implement this section.

Chapter 70B of the General Laws is hereby amended by striking out section 7 and inserting in place thereof the following section:-

Section 7. There shall be a limit on the estimated amount of grants approved by the authority during a fiscal year. For fiscal year 2023, the limit shall be $1,200,000,000; provided, however, that grant amounts relating to the authority's accelerated repair program shall not count against the limit set forth in this section. For each fiscal year thereafter, the limit shall be the limit for the previous fiscal year plus the lower of: (i) the rate of growth in the dedicated sales tax revenue amount as defined in subsection (a) of section 35BB of chapter 10; or (ii) 6.5 per cent.

Section 72B of chapter 71 of the General Laws is hereby repealed.

Section 2E of chapter 90 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 38 and 39, the words "Military heroes from United States military Operations Enduring Freedom, Iraqi Freedom and Noble Eagle" and inserting in place thereof the following words:- families of military service personnel who have died on, or as a result of, post September 11, 2001 military operations.

Said section 2E of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 50 to 55, inclusive, the words "the Massachusetts Military Heroes Fund, Inc. and distributed by such fund at its discretion for the benefit of the families of military service personnel from Massachusetts killed while in service to the United States as a result of, or in support of, Operations Enduring Freedom, Iraqi Freedom or Noble Eagle" and inserting in place thereof the following words:- Home Base, distributed by such fund at its discretion for the benefit of Massachusetts families of military service personnel who died on, or as a result of, post September 11, 2001 military operations.

Section 8 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 168 and 169, the words ", and to" and inserting in place thereof the following words:- and, separately, to.

The eighth paragraph of said section 8 of said chapter 90, as so appearing, is hereby amended by inserting after the first sentence the following 2 sentences:- Such notice shall be sent within 30 days after the disposition of the violation that triggered the suspension of the junior operator's license. The registrar shall include in any such notice information on: (i) the requirement that the junior operator complete the state courts against road rage program sponsored by the trial court and the department of state police; and (ii) the license reinstatement process, including, but not limited to: (a) any reinstatement fees and surcharges; (b) the requirement that the junior operator complete a program selected by the registrar that encourages attitudinal changes in young drivers; and (c) the requirement that the junior operator successfully complete a driving test as required by the registrar.

Chapter 94C of the General Laws is hereby amended by inserting after section 19E the following section:-

Section 19F. (a) Notwithstanding any general or special law to the contrary, a registered pharmacist may prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives to any person, regardless of whether the person has evidence of a previous prescription from a primary care practitioner or reproductive health care practitioner for a hormonal contraceptive patch or self-administered oral hormonal contraceptive.

(b)          The department, in consultation with the board of registration in medicine, the board of registration in pharmacy and the division of medical

assistance, and in consideration of guidelines established by the American College of Obstetricians and Gynecologists, shall adopt rules to establish: (i) standard procedures for the prescribing of hormonal contraceptive patches and self-administered oral hormonal contraceptives by pharmacists; and (ii) the time frame in which a patient shall have evidence, as defined by the department, of a clinical visit from a primary care practitioner or reproductive health care practitioner immediately following a previous prescription and dispensation of a hormonal contraceptive patch or self-administered oral hormonal contraceptive by a pharmacist.

(c)          The rules adopted under subsection (b) shall: (i) require a pharmacist to: (A) complete a training program approved by the board of registration in

pharmacy that is related to prescribing hormonal contraceptive patches and self-administered oral hormonal contraceptives; (B) provide a self-screening risk assessment tool that the patient shall use prior to the pharmacist prescribing the hormonal contraceptive patch or self-administered oral hormonal contraceptive; (C) refer the patient to the patient's primary care practitioner or reproductive health care practitioner, if applicable, upon prescribing and dispensing the hormonal contraceptive patch or self-administered oral hormonal contraceptive or advise the patient to consult with a primary care practitioner or reproductive health care practitioner; (D) provide the patient with a written record of the hormonal contraceptive patch or self-administered oral hormonal contraceptive prescribed and dispensed; and (E) dispense the hormonal contraceptive patch or selfadministered oral hormonal contraceptive to the patient as soon as practicable after the pharmacist issues the prescription; and (ii) prohibit a pharmacist from: (A) requiring a patient to schedule an appointment with the pharmacist for the prescribing or dispensing of a hormonal contraceptive patch or self-administered oral hormonal contraceptive; and (B) prescribing and dispensing a hormonal contraceptive patch or self-administered oral hormonal contraceptive to a patient who previously received a prescription and dispensation of a hormonal contraceptive patch or self-administered oral hormonal contraceptive by a pharmacist and who does not have evidence of a clinical visit within the time frame established under clause (ii) of subsection (b).

Chapter 111 of the General Laws is hereby amended by inserting after section 24N the following section:-

Section 24O. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Maternal morbidity", any health condition attributed to or aggravated by pregnancy that has negative health outcomes.

"Maternal mortality", the death of an individual, from any cause, during pregnancy or within 1 year of the end of the pregnancy, regardless of the duration and site of the pregnancy.

(b)(i) There shall be within the department a maternal mortality and morbidity review committee to review maternal mortality, study the incidence of pregnancy complications and maternal morbidity and make recommendations to improve maternal outcomes and eliminate preventable maternal deaths.

(ii) The committee shall access relevant records and reports pertaining to incidents of maternal mortality or near-death cases under its review. All relevant records and reports shall remain in the possession of committee staff and only de-identified information shall be presented or otherwise shared.

(c) The committee shall:

(i)          conduct case reviews of maternal mortality and maternal morbidity in the commonwealth;

(ii)          make recommendations to improve access to high-quality, evidence-based health care for pregnant individuals and infants in the commonwealth;

(iii)          identify gaps in the provision of health care services for pregnant individuals who experience maternal mortality or maternal morbidity,

including, but not limited to, disparities in access to: quality care; appropriate health care; transportation; and financial resources. The committee shall identify such gaps by analyzing the pregnant individuals':

(1)          race, ethnicity and age;

(2)          geographic region of residence; and

(3)          socioeconomic status;

(iv)          review probable cause of death and identify contributing factors in cases reviewed pursuant to clause (i), to the extent possible;

(v)          determine, to the extent possible, whether the death or health condition presented in cases reviewed pursuant to clause (i) was preventable, and if

so, what actions could have been taken to prevent the death or health condition; and

(vi)          make recommendations to prevent maternal mortality and maternal morbidity and to eliminate disparities in maternal health outcomes.

(d)(1) The committee shall maintain all information, documents and records in possession of the committee as confidential and not subject to subpoena or discovery in any civil or criminal proceeding; provided, however, that information, documents and records otherwise available from other sources shall not be exempt from subpoena or discovery solely because such information, documents and records were presented to or reviewed by the committee.

(2)          A physician, hospital or pharmacy providing the committee access to medical records pursuant to this section shall not be liable for civil damages or

be subject to any criminal or disciplinary action for good faith efforts in providing such records.

(3)          Information, records, reports, statements, notes, memoranda or other data collected pursuant to this section shall not be otherwise admissible as

evidence in any action before a court or any other tribunal, board or agency. Such information, records, reports, statements, notes, memoranda or other data shall not be exhibited, and their contents shall not be disclosed in any way, in whole or in part, by any officer or representative of the department or any other person, except as may be necessary to further the review of the committee and as may be allowed by this section. No person participating in such review shall disclose, in any manner, the information so obtained except in conformity with review of the committee.

(4)          All proceedings and activities of the committee and records obtained, created or maintained pursuant to this section, including records of

interviews, written reports and statements procured by the department or any other person, agency or organization acting jointly or under contract with the department in connection with this section shall be confidential.

(5)          Members of the committee and staff members of the committee shall not be subject to questioning in any civil or criminal proceeding regarding ongoing

or completed reviews of the committee; provided, however, that nothing in this section shall be construed to prevent a member of the committee from testifying to information obtained independently of the proceedings of the committee or which is public information.

(d)(1) The committee shall consist of the following members: the commissioner, or their designee, who shall serve as chair; a representative of the department of public health; a representative of the Perinatal-Neonatal Quality Improvement Network of Massachusetts; the chief medical examiner, or their designee; the chair of the Massachusetts chapter of the

American College of Obstetrics and Gynecology, or their designee; the chair of the

Massachusetts chapter of the American College of Nurse Midwives, or their designee; the chair of the Massachusetts chapter of the Association of Women's Health, Obstetric and Neonatal Nurses, or their designee; and the commissioner shall appoint the following members: a medical professional with obstetric and neonatal nursing training; a medical professional with training in cardiology; a medical professional with training in pathology; a medical professional with expertise in substance use prevention and treatment; a psychology, social work or other mental health professional; a representative from academia in a relevant field; a medical professional with formal anesthesiology training; a medical professional with maternal fetal medicine or perinatology training; a medical professional with psychiatric training; a medical professional with family medicine training; the director of a federally-funded Healthy Start program, or their designee; 2 individuals who practice as doulas; 2 community or family members who have been directly affected by a maternal death; a member of a community-based organization; a representative from the department of children and families; and a law enforcement officer.

(2) Each member, other than the commissioner, shall serve for a term of 3 years and until their successor is appointed. Nothing in this section shall prohibit the commissioner from appointing a committee member to serve additional terms. The committee shall convene as deemed necessary by the department. The commissioner shall, to the extent feasible, appoint members representing the racial, ethnic and geographic diversity of the commonwealth and shall prioritize appointing members from communities and groups most impacted by maternal mortality and maternal morbidity.

(e) Not later than December 31 of each even-numbered year, the committee shall submit to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on public health a report, including, but not limited to:

(i)          a description of the incidents of maternal mortality and severe maternal morbidity reviewed during the immediately preceding 24 months, provided in a

manner that shall not allow for the identification of any person;

(ii)          a summary of the disparities identified and reviewed;

(iii)          recommendations to reduce maternal mortality and severe maternal morbidity in the commonwealth; and

(iv)          recommendations for any legislation or other changes to policy to reduce maternal mortality and severe maternal morbidity or otherwise improve

the delivery of health care in the commonwealth.

Section 72W of said chapter 111, as appearing in the 2022 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following 2 paragraphs:-

A nurses' aide who receives their training and works in a facility whose resident population is predominantly non-English speaking shall be offered the option to take the nurses' aide certification exam in a language other than English, including, but not limited to, Spanish and Chinese; provided, however, that the department shall determine in which languages the exam shall be offered.

The department shall promulgate such rules and regulations as may be necessary to carry out this section.

Section 5F of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in line 23, the word "drug" and inserting in place thereof the following words:- mental health, drug.

Subsection (a) of section 25A of chapter 118E of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 to 4, inclusive, the words "(a) For individuals 65 years of age or older, the division shall not consider income in an amount equivalent to 90 per cent of the federal poverty level or assets in an amount equivalent to the federal resource limit for the Medicare Saving programs, each" and inserting in place thereof the following words:- (a)(1) For individuals 65 years of age or older, the division shall not consider income in an amount equivalent to 90 per cent of the federal poverty level.

Said subsection (a) of said section 25A of said chapter 118E, as so appearing, is hereby further amended by adding the following paragraph:-

(2) In determining eligibility for Medicare Saving or Medicare Buy-In programs described in paragraph (1) for individuals 65 years of age or older, the division shall disregard all assets or resources. Implementation of this paragraph shall be contingent upon receiving federal approvals described in subsection (b).

Section 16 of chapter 120 of the General Laws, as so appearing, is hereby amended by striking out the fifth sentence and inserting in place thereof the following sentence:- The department may continue to provide, for any person covered in this chapter under 22 years of age, specific educational, rehabilitative or transitional services and supports, under conditions agreed upon by both the department and such persons and terminable by either.

Said section 16 of said chapter 120, as so appearing, is hereby further amended by striking out, in line 19, the words ", for up to 90 days".

Chapter 127 of the General Laws is hereby amended by inserting after section 87 the following section:-

Section 87A. (a) For the purposes of this section, the terms "state correctional facility",

"state prison" and "county correctional facility" shall have the same meanings as those terms are defined in section 1 of chapter 125.

(b)          The department of correction and sheriffs shall provide any person committed to a state correctional facility, state prison or county correctional

facility, including a jail or house of correction, with voice communication services, including phone calls, free of charge to the person initiating and the person receiving the communication; provided, however, that voice communication services shall be maximized to the extent possible and no facility shall offer access to voice communication services less than were offered and available at such facilities on July 1, 2023; provided further, that the department of correction and sheriffs shall ensure adequate infrastructure for voice communication services; and provided further, that nothing in this section shall prohibit in-person contact visits.

(c)          The department of correction and sheriffs may supplement voice communication services with other communication services, including, but not limited

to, video and electronic communication services; provided, however, that other communication services shall not replace voice communication services; and provided further, that other communication services shall be provided free of charge to the person initiating and the person receiving the communication.

Said chapter 127 is hereby further amended by adding the following section:-

Section 171. (a) For the purposes of this section, the terms "county correctional facility",

"state correctional facility" and "state prison" shall have the same meanings as those terms are defined in section 1 of chapter 125.

(b) State correctional facilities, state prisons, county correctional facilities and entities contracting with such facilities shall not charge more than 3 per cent over the purchase cost for commissary items. The department of correction and county sheriffs shall maximize discounts procured from bulk purchasing of commissary items or other contracting opportunities that reduce the cost of such items and shall not receive commissions, revenue or other financial incentives in any contract with a seller, supplier or vendor of commissary items. Commissary items offered shall include gender affirming items, consistent with section 32A, and culturally appropriate items for all communities in custody.

Section 1C of chapter 130 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 15, the words "environment, natural resources and".

Subsection (g) of section 5 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in line 144, the words "60 days prior to the start of the fiscal year" and inserting in place thereof the following words:- June 15 of each year.

Said subsection (g) of said section 5 of said chapter 161A, as so appearing, is hereby further amended by striking out, in line 175, the word "January" and inserting in place thereof the following word:- May.

Section 7 of said chapter 161A, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) The authority shall be governed and its corporate powers exercised by a board of directors. The board shall consist of: the secretary, who shall serve ex officio; 1 person to be appointed by the mayor of the city of Boston; 1 person to be appointed by the advisory board who shall have municipal government experience in the service area constituting the authority and experience in transportation operations, transportation planning, housing policy, urban planning or public or private finance; provided, however, that said person shall not represent the city of Boston; and 6 persons to be appointed by the governor, 1 of whom shall have experience in safety, 1 of whom shall have experience in transportation operations, 1 of whom shall have experience in public or private finance, 1 of whom shall be a rider as defined in section 1 and a resident of an environmental justice population as defined in section 62 of chapter 30, 1 of whom shall be a municipal official representing a city or town located in the area constituting the authority representing the service area of the 51 cities and towns or the other served communities and 1 of whom shall be selected from a list of 3 persons recommended by the president of the Massachusetts State Labor Council, AFL-CIO.

Not less than 2 of the appointed members shall also be members of the board of directors of the Massachusetts Department of Transportation established under section 2 of chapter 6C.

In making selections to the board of directors, the appointing authority shall strive to ensure a board whose diversity and inclusion are reflective of the population served by the authority.

Chapter 175 of the General Laws is hereby amended by inserting after section 47TT the following section:-

Section 47UU. (a) For the purposes of this section, "federally-defined preventive services" shall mean: (i) evidence-based items or services that currently have a rating of "A" or "B" in the recommendations of the United States Preventive Services Task Force; (ii) immunizations with routine use in children, adolescents and adults that currently have a recommendation from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention with respect to the individual involved; (iii) with respect to infants, children and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the federal Health Resources and Services Administration; and (iv) with respect to women, such additional preventive care and screenings not described in clause (i) as provided for in comprehensive guidelines supported by the federal Health Resources and Services Administration; provided, however, that "federally-defined preventive services" shall include all other preventive services not subject to cost-sharing, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(b)          A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth shall provide coverage for

federally-defined preventive services.

(c)          Coverage provided pursuant to this section shall not be subject to any cost-sharing, including, but not limited to, co-payments, co-insurance or any

deductible, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(d)          Nothing in this section shall prohibit: (i) coverage for items and services in addition to those recommended by the United States Preventive Services

Task Force, the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention or the federal Health Resources and Services Administration; or (ii) denying coverage for items or services not recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention or the federal Health Resources and Services Administration.

(e)          If a recommendation pursuant to subsection (a) is changed during a plan year, a carrier shall not be required to make changes to the health plan

during the plan year.

Section 3 of chapter 175M of the General Laws, as appearing in the 2022

Official Edition, is hereby amended by striking out, in lines 43 and 44, the words "or (ii) a paid family, or medical leave policy of an employer" and inserting in place thereof the following words:- (ii) a paid family or medical leave policy of an employer; or (iii) any accrued sick or vacation pay or other paid leave provided under an employer policy, including, but not limited to, any leave provided under a collective bargaining agreement.

Chapter 176A of the General Laws is hereby amended by inserting after section 8UU the following section:-

Section 8VV. (a) For the purposes of this section, "federally-defined preventive services" shall mean: (i) evidence-based items or services that currently have a rating of "A" or "B" in the recommendations of the United States Preventive Services Task Force; (ii) immunizations with routine uses in children, adolescents and adults that currently have a recommendation from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention with respect to the individual involved; (iii) with respect to infants, children and adolescents, evidence-informed preventive care and screenings provided for in comprehensive guidelines supported by the federal Health Resources and Services Administration; and (iv) with respect to women, such additional preventive care and screenings not described in clause (i) as provided for in comprehensive guidelines supported by the federal Health Resources and Services Administration; provided, however, that "federally-defined preventive services" shall also include all other preventive services not subject to cost-sharing, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(b)          Any contract between a subscriber and a corporation subject to this chapter, pursuant to an individual or group hospital service plan that is

delivered, issued or renewed within the commonwealth shall provide coverage for federally-defined preventive services.

(c)          Coverage provided pursuant to this section shall not be subject to any cost-sharing, including, but not limited to, co-payments, co-insurance or any

deductible, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(d)          Nothing in this section shall prohibit: (i) coverage for items and services in addition to those recommended by the United States Preventive Services

Task Force, the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention or the federal Health Resources and Services Administration; or (ii) denying coverage for items and services that are not recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention or the federal Health Resources and Services Administration.

(e)          If a recommendation pursuant to subsection (a) is changed during a plan year, a carrier shall not be required to make changes to the health plan

during the plan year.

Chapter 176B of the General Laws is hereby amended by inserting after section 4UU the following section:-

Section 4VV. (a) For the purposes of this section, "federally-defined preventive services" shall mean: (i) evidence-based items or services that currently have a rating of "A" or "B" in the recommendations of the United States Preventive Services Task Force; (ii) immunizations with routine use in children, adolescents and adults that currently have a recommendation from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention with respect to the individual involved; (iii) with respect to infants, children and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the federal Health Resources and Services

Administration; and (iv) with respect to women, such additional preventive care and screenings not described in clause (i) as provided for in comprehensive guidelines supported by the federal Health Resources and Services Administration; provided, however, that "federally-defined preventive services" shall also include all other preventive services not subject to cost-sharing, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(b)          Any subscription certificate under an individual or group medical service agreement that is delivered, issued or renewed within the commonwealth

shall provide coverage for federally-defined preventive services.

(c)          Coverage provided pursuant to this section shall not be subject to any cost-sharing, including, but not limited to, co-payments, co-insurance or any

deductible, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(d)          Nothing in this section shall prohibit: (i) coverage for items and services in addition to those recommended by the United States Preventive Services

Task Force, the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention or the federal Health Resources and Services Administration; or (ii) denying coverage for items and services that are not recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention or the federal Health Resources and Services Administration.

(e)          If a recommendation described in subsection (a) is changed during a plan year, a carrier shall not be required to make changes to the health plan

during the plan year.

Chapter 176G of the General Laws is hereby amended by inserting after section 4MM the following section:-

Section 4NN. (a) For the purposes of this section, "federally-defined preventive services" shall mean: (i) evidence-based items or services that currently have a rating of "A" or "B" in the recommendations of the United States Preventive Services Task Force; (ii) immunizations with routine use in children, adolescents and adults that currently have a recommendation from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention with respect to the individual involved; (iii) with respect to infants, children and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the federal Health Resources and Services

Administration; and (iv) with respect to women, such additional preventive care and screenings not described in clause (i) as provided for in comprehensive guidelines supported by the federal Health Resources and Services Administration; provided, however, that "federally-defined preventive services" shall also include all other preventive services not subject to cost-sharing, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(b)          An individual or group health maintenance contract that is issued, delivered or renewed within the commonwealth shall provide coverage for

federally-defined preventive services.

(c)          Coverage provided pursuant to this section shall not be subject to any cost-sharing, including, but not limited to, co-payments, co-insurance or any

deductible, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(d)          Nothing in this section shall prohibit: (i) coverage for items and services in addition to those recommended by the United States Preventive Services

Task Force, the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention or the Health Resources and Services Administration; or (ii) denying coverage for items and services that are not recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention or the federal Health Resources and Services Administration.

(e)          If a recommendation described in subsection (a) is changed during a plan year, a carrier shall not be required to make changes to the health plan

during the plan year.

Chapter 211D of the General Laws is hereby amended by adding the following section:-

Section 17. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Children and Family Legal Representation Trust Fund, which shall be administered by the chief counsel of the committee for public counsel services. 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) reimbursement funds from federal sources for the legal representation of children and families by the committee for public counsel services, including, but not limited to, reimbursements pursuant to Title IV-E of the federal Social Security Act; and (iii) interest earned on such revenues and reimbursements in the fund. Amounts credited to the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund.

(b)          Money in the fund may be expended by the chief counsel, without further appropriation, for the purposes of: (i) providing pre-petition representation

and diversion advocacy; (ii) increasing the availability and quality of representation statewide, especially in underrepresented communities; (iii) ensuring availability of education advocacy throughout the commonwealth; (iv) improving the quality of advocacy through increased training capacity and performance evaluations; (v) increasing multidisciplinary representation and the use of experts, parent partner programs and specialized advocacy and support units; and (vi) improving and modernizing agency data collection, data reporting and billing systems. The chief counsel may designate an administrator of the fund to implement approved activities consistent with this section.

(c)          Annually, not later than November 1, the chief counsel shall file a report on the fund's activities 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 the judiciary. The report shall include, but not be limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of expenditures from the fund, including any grants provided to early education and care programs, philanthropic organizations or other stakeholder organizations; and (iii) anticipated revenue and expenditure projections for the next calendar year.

Section 3C of chapter 217 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 1, the figure "11" and inserting in place thereof the following figure:- 19.

Section 10 of chapter 218 of the General Laws, as so appearing, is hereby amended by inserting after the word "Plymouth", in line 130, the following words:- ;

district court of Peabody.

Chapter 239 of the General Laws is hereby amended by adding the following section:-

Section 15. (a) For the purposes of this section, "emergency rental assistance" shall, unless the context clearly requires otherwise, mean financial assistance provided to a residential tenant to prevent an eviction or homelessness under the residential assistance for families in transition program or any other program administered by the executive office of housing and livable communities, a municipality or a nonprofit entity administering such program, using public funds, on behalf of the executive office, a municipality or a federal agency to cure rent arrearage or provide financial assistance for moving cost assistance, including the payment of a security deposit.

(b) In an action for summary process for nonpayment of rent, a court having jurisdiction over said action for summary process shall:

(i)          grant a continuance for a period as the court may deem just and reasonable if, either at the time the answer is timely filed or on the date the trial

is scheduled to commence: (1) the tenancy is being terminated solely for non-payment of rent for a residential dwelling unit; (2) the non-payment of rent was due to a financial hardship; and (3) the defendant demonstrates, to the satisfaction of the court, a pending application for emergency rental assistance; provided, however, the court may consider any meritorious counterclaim brought in said action for summary process;

(ii) issue a stay of execution on a judgment for possession if the requirements in clauses (1) to (3), inclusive, of paragraph (i) are met; and

(iii) not enter a judgment or issue an execution before the application for emergency rental assistance has been approved or denied.

(c) Not later than the fifteenth day of each month, the executive office of the trial court shall submit a report for the previous month to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on housing and the joint committee on the judiciary that shall include, but not be limited to: (i) the number of actions for summary process entered and filed with each court having jurisdiction over an action for summary process; (ii) the number of default judgments entered, delineated by the reason for the summary process filing; (iii) the number of execution for possession orders granted, delineated by the reason for the summary process filing; (iv) the number of continuances requested and granted due to pending applications for emergency rental assistance pursuant to subsection (b); (v) the number of stays issued due to pending applications for emergency rental assistance pursuant to said subsection (b); (vi) the average length of a continuance and stay granted pursuant to said subsection (b); (vii) the number of stays requested, granted or denied pursuant to sections 9 and 10; (viii) the number of landlords and tenants participating in pre-trial mediation and, to the extent practicable, the outcome of each mediation; (ix) the number of landlords and tenants receiving legal representation and legal services through on-site court diversion and support resources; and (x) any other relevant information as the trial court may decide.

Paragraph (b) of section 4 of chapter 701 of the acts of 1960, as most recently amended by section 12 of chapter 79 of the acts of 2014, is hereby further amended by striking out the figure "$100,000,000" and inserting in place thereof the following figure:- $150,000,000.

Section 83C of chapter 169 of the acts of 2008, as most recently amended by section 62 of chapter 179 of the acts of 2022, is hereby further amended by adding the following subsection:-

(n) If this section is subjected to a legal challenge, the department of public utilities may suspend the applicability of the challenged provision during the pendency of the action until a final resolution, including any appeals, is obtained and shall issue an order and take other actions as are necessary to ensure that the provisions of this section not subject to the challenge are implemented expeditiously to achieve the public purposes of this section.

Item 1410-0250 of section 2 of chapter 182 of the acts of 2008 is hereby amended by striking out the figure "$190,000" and inserting in place thereof the following figure:- $440,000.

Item 7003-0102 of section 2A of chapter 102 of the acts of 2021 is hereby amended by striking out the words "provided further, that the funds expended to Teamsters Local 25 pursuant to this item shall be subject to a 100 per cent matching requirement;".

Subsection (a) of section 52 of chapter 176 of the acts of 2022 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The commission shall consist of: the representative in Congress representing the eighth congressional district of Massachusetts or a designee; the state senator representing the First Suffolk district, who shall serve as co-chair; the state representative representing the Fourth Suffolk district, who shall serve as co-chair; the chief executive officer of the Massachusetts Port Authority or a designee; the president of the Boston Marine Park Business Association, Inc. or a designee; the president of the South Boston Citizens Association or a designee; the director of the Boston Planning and Development Agency or a designee; the mayor of the city of Boston or a designee; and the district 2 Boston city councilor or a designee.

Subsection (c) of said section 52 of said chapter 176 is hereby amended by striking out the figure "2023" and inserting in place thereof the following figure:- 2024.

Subsection (a) of section 53 of said chapter 176 is hereby amended by striking out the words "energy and environmental affairs or a designee, who shall serve as cochair; the secretary of transportation or a designee, who shall serve as co-chair; the secretary of public safety and security or a designee; the commissioner of conservation and recreation or a designee; the mayor of the city of Boston or a designee" and inserting in place thereof the following words:- transportation or a designee, who shall serve as chair; the secretary of energy and environmental affairs or a designee; the executive director of the University of Massachusetts Building Authority or designee; the mayor of the city of Boston or a designee; the director of the Boston Planning and Development Agency or a designee.

Subsection (c) of said section 53 of said chapter 176 is hereby amended by striking out the figure "2023" and inserting in place thereof the following figure:- 2024.

Item 1599-6077 of section 2A of chapter 268 of the acts of 2022 is hereby amended by striking out the words "not less than $100,000 shall be expended for increased food pantry access in Somerville" and inserting in place thereof the following words:- not less than $100,000 shall be expended to the Somerville Homeless Coalition Incorporated for increased food pantry access in Somerville.

Item 1599-6090 of said section 2A of said chapter 268, as amended by section 64 of chapter 2 of the acts of 2023, is hereby further amended by striking out the words "at the location of the former Peter Fitzpatrick school in the town of Pepperell" and inserting in place thereof the following words:- in the town of Pepperell and such funds shall be made available until June 30, 2024.

Section 2 of chapter 444 of the acts of 2022 is hereby amended by striking out subsection (b).

The division of insurance shall issue guidance necessary for the implementation and enforcement of, and to ensure compliance with, sections 23, 56, 58, 59 and 60 not later than 90 days after the effective date of this act; provided, however, that said guidance shall be consistent with all relevant federal requirements and any preventive services that shall not be subject to cost-sharing that are added to relevant federal regulatory and subregulatory guidance issued not later than July 1, 2023. As necessary, the division of insurance shall issue guidance to update the scope of preventive services based on the recommendations and guidelines referenced in the definition of "federally-defined preventive services" in section 47UU of chapter 175 of the General Laws.

(a) There shall be a commission for the purposes of studying nutrition standards and guidelines for school meals served in K-12 public schools in the commonwealth and developing recommendations for improvements to nutrition content. The commission shall review: (i) current federal nutrition standards and the updates proposed on February 7, 2023 to 7 CFR Parts 210, 215, 220, 225 and 226 by the United States Department of Agriculture; (ii) current nutrition standards or guidelines used by K-12 schools in the commonwealth; (iii) nutrition requirements or best practices of states with enhanced standards beyond federal requirements; and (iv) nutrition standards determined to prevent chronic disease and optimize the short-term and long-term health of children in the commonwealth. The commission shall make recommendations on the feasibility of implementing measures to increase the nutrition of school foods, including, but not limited to: (A) enhancing standards for food served at schools in the commonwealth, including, but not limited to, the sugar content, dietary fiber content, limits of saturated fat and cholesterol in and ultra-processing of products; (B) providing clearly-labeled daily vegetarian or vegan options; (C) accommodating religious, cultural, medical and non-medical dietary restrictions, including, but not limited to, food allergies and lactose intolerance; and (D) requiring food service providers to provide information to schools on the nutritional content of menu items and the location where the purchased produce is grown and processed.

(b) The commission shall consist of: the director of the office for food and nutrition programs of the department of elementary and secondary education or a designee, who shall serve as co-chair; the commissioner of the department of public health or a designee, who shall serve as co-chair; the chairs of the joint committee on education; 6 members to be appointed by the governor, who shall be school nutrition counselors or registered dieticians representing geographically, racially and socio-economically diverse school districts across the commonwealth; a representative from Project Bread - The Walk for Hunger, Inc.; a representative from the School Nutrition Association of Massachusetts, Inc.; and a representative from the Massachusetts Healthy School Lunch Coalition.

(c) The commission shall file its report and recommendations 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 education not later than July 31, 2024.

(a) There shall be a task force: (i) to study geriatric psychiatric patients who are ready to be discharged from acute care in a geriatric psychiatric unit to a nursing home but for whom placement beds are not available for extended periods; and (ii) to issue recommendations to support the geriatric psychiatric care pipeline.

(b) The task force shall consist of: the secretary of elder affairs or a designee, who shall serve as co-chair; the commissioner of mental health or a designee, who shall serve as co-chair; the commissioner of public health or a designee; the assistant secretary for MassHealth or a designee; and 5 members to be appointed by the co-chairs, 1 of whom shall be a representative of the Massachusetts Association of Behavioral Health Systems, Inc., 1 of whom shall be a representative of Massachusetts Health and Hospital Association, Inc., 1 of whom shall be a representative of Massachusetts Senior Care Association, Inc., 1 of whom shall be a representative of LeadingAge Massachusetts, Inc. and 1 of whom shall be a representative of Dignity Alliance Massachusetts, Inc..

(c) Not later than January 31, 2024, the task force shall submit its report, including any proposed legislation necessary to carry out its recommendations, to the clerks of the senate and house of representatives, the joint committee on elder affairs and the joint committee on mental health, substance use and recovery.

Not later than October 1, 2023, the division of capital asset management and maintenance, in consultation with the University of Massachusetts Building Authority, shall submit to the inspector general for inclusion in the annual report pursuant to section 12 of chapter 12A of the General Laws, a report detailing each expenditure made after September 7, 2021, from item 1599-7104 for the facility located at 182 Union street in the city of New Bedford. The report from the division shall identify the purpose of each expenditure and provide documentation therefor, including, but not limited to, amounts paid for rents, utility expenses, deferred maintenance, capital improvements, personnel expenses and any other operating expenses. The inspector general shall review and investigate all such expenditures in accordance with said chapter 12A, including, but not limited to, the production of all records, correspondence and payments relating to the facility and shall refer any appropriate matters in accordance with sections 10 and 11 of said chapter 12A. No funds from any reserve account, of the University of Massachusetts or otherwise, shall be expended to maintain or renovate the facility until the implementation of chapter 141 of the acts of 2022 or until such time as the facility is otherwise conveyed by deed to the University of Massachusetts Building Authority.

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

"Claim", any claim or cause of action seeking any legal or equitable remedy or relief.

"COVID-19 emergency", the state of emergency concerning the COVID-19 outbreak declared by the governor on March 10, 2020 and terminated on June 15, 2021.

"Damages", injury, loss of property, personal injury or death, including economic or non-economic losses.

"Institution of higher education", any postsecondary institution, whether public or nonpublic, including the owners, directors, trustees, officers, employees, contractors and agents of such institution.

(b) Notwithstanding any general or special law to the contrary, except as provided in subsection (c), an institution of higher education shall be immune from civil liability for any damages or equitable monetary relief alleged to have been sustained due to an act or omission of an institution of higher education if: (i) the claim arises out of or in connection with tuition or fees paid to the institution of higher education for the spring academic term of 2020; (ii) the claim alleges losses or damages arising from an act or omission by the institution of higher education during or in response to the COVID-19 emergency; (iii) the alleged act or omission of the institution of higher education was reasonably related to protecting public health and safety interests in response to the COVID-19 emergency, in compliance with federal, state or local guidance, including, but not limited to: (A) transition to online or otherwise remote instruction; (B) pause or modification to instruction and ancillary student activities and services available through the institution of higher education; or (C) closure of, or modification to, operations of on-campus facilities of the institution of higher education; and (iv) the institution of higher education offered online and otherwise remote learning options that allowed students to complete the coursework in the spring academic term of 2020.

(c) The civil immunity provided in subsection (b) shall not apply if the damage alleged was caused by an act or omission of an institution of higher education that was malicious or in bad faith.

(d) This section shall apply to claims commenced on or after March 10, 2020, for which a judgment has not become final before the effective date of this section and which were based on acts or omissions that occurred during the spring 2020 academic term.

(a) Notwithstanding subsection (b) of section 3 of chapter 176Q of the General Laws or any other general or special law to the contrary, not later than January 1, 2024, the commonwealth health insurance connector authority, established in section 2 of said chapter 176Q, shall implement a 2-year pilot program to extend eligibility for premium assistance payments or point-of-service cost-sharing subsidies for applicants at or below 500 per cent of the federal poverty guidelines.

(b) Applicants participating in the pilot program that are between 300 and 500 per cent of the federal poverty guidelines shall have access to a plan that meets at least 90 per cent actuarial value; provided, that the affordability standard for the pilot program shall be consistent with current practices pursuant to said section 3 of said chapter 176Q.

(c) Notwithstanding the second paragraph of section 2OOO of chapter 29 of the General Laws or any other general or special law to the contrary, amounts necessary to support the 2-year pilot program established in subsection (a) shall be expended from the Commonwealth Care Trust Fund, established in said section 2OOO of said chapter 29.

(d) The commonwealth health insurance connector authority, in consultation with the center for health information and analysis, established in section 2 of chapter 12C of the General Laws, shall evaluate the pilot program to assess the public health, health equity, utilization and financial impacts on residents of reducing out-of-pocket costs and premium costs. The authority, in consultation with the center, shall collect quantitative and qualitative data at the start of the pilot program and at the end of each calendar year of the pilot program to assess the impact on pilot program participants. Data points to be collected, to the extent feasible, shall include, but not be limited to: (i) rates of unmet medical needs due to cost; (ii) disparities in rates of unmet medical needs due to cost; (iii) difficulties accessing care at a doctor's office or clinic; (iv) racial and ethnic disparities in difficulties accessing care at a doctor's office or clinic; (v) insurance coverage rates, including rates of continuous insurance coverage; (vi) racial and ethnic disparities in insurance coverage rates; (vii) visits to a doctor's office, including, but not limited to, the number of visits, frequency of visits and any relevant data related to the visits; and (viii) racial and ethnic disparities in visits to a doctor's office. The authority shall file reports of its evaluation with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on public health and the joint committee on health care financing not later than July 1, 2025 and July 1, 2026.

(e) The commonwealth health insurance connector authority shall promulgate any rules or regulations necessary for the implementation and administration of this section.

(a) Notwithstanding section 141 of chapter 47 of the acts of 2017, a member who made an election under section 90G� of chapter 32 of the General Laws prior to the effective date of section 28 of said chapter 47, may, within 60 days after the effective date of this act, repeal such election and be credited with any years of service subsequent to such election; provided, however, that such member: (i) has maintained continuous service since making such election; and (ii) is a member continuing in service as of the effective date of this act; provided further, that such service shall not be credited until such member has paid into the annuity savings fund of such system, in 1 sum or in installments, upon such terms and conditions as the board may prescribe, makeup payments, for all years of additional creditable service after the member attained the age of 70, of an amount equal to the per cent of the regular annual compensation of the member, plus buyback interest.

(b) Not later than 90 days after the effective date of this act, the state retirement board shall: (i) assess whether it is necessary to request a letter of determination or ruling from the Internal Revenue Service on whether subsection (a) may be implemented without impairing the compliance of the optional retirement plan or the state employees' retirement system with the federal Internal Revenue Code of 2022; and (ii) request, if necessary, a letter of determination or ruling from the Internal Revenue Service; provided, however, that if the state retirement board determines that a letter of determination or ruling is necessary, subsection (a) shall not take effect until the Internal Revenue Service issues a favorable ruling or determination that the transfers described in this section will not result in non-compliance of the optional retirement program or the state employees' retirement system with the federal Internal Revenue Code.

Notwithstanding any general or special law to the contrary, the group insurance commission, in consultation with the comptroller and the executive office for administration and finance, shall offer health insurance coverage to any new employee who is eligible for health insurance benefits. If any such employee opts to receive health insurance benefits provided by the group insurance commission, such health insurance coverage shall be effective as of the employee's start date if the employment start date falls on the first day of the month or as of the first day of the month following the employee's start date if the employment start date falls on any day other than the first day of the month.

(a) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall analyze and report on practices related to school meals. The report shall include a review of food purchasing practices and consumption of school meals in K-12 public schools in the commonwealth, including recommendations for strategies to minimize food waste.

(b) The report shall include, but not be limited to: (i) the quantity and cost of food purchased by each school district, including: (A) total foods purchased for school meals; (B) total foods served to students for school meals; and (C) total foods purchased but not served to students; (ii) school practices, categorized by school district, to prevent food that students did not consume, including, but not limited to, fruit or pre-packaged foods, from being discarded; and (iii) practices of other states to reduce school meal waste.

(c) The report shall include recommendations from the department to reduce food waste at public schools, including, but not limited to, the feasibility and effectiveness of: (i) increasing input from students, faculty, parents and guardians regarding nutritious meals that appeal to students; (ii) using offer-versus-serve models of meal selection at all grade levels; (iii) presenting meals and items on school menus to students in an appealing manner; (iv) allowing students to keep a breakfast or lunch item for consumption later in the day; (v) utilizing a shared table or food pantry in each school to offer excess food to school or community members; and (vi) increasing composting at each school.

(d) Not later than July 31, 2024, the department shall file its report and recommendations 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 education.

(a) Notwithstanding any general or special law to the contrary, no voice communication services contract in force on the effective date of this act shall be affected by section 87A of chapter 127 of the General Laws, as inserted by section 50; provided, however, that voice communication services shall be free of charge to the person initiating and the person receiving the communication beginning on July 1, 2023; provided further, that other communication services offered pursuant to said section 87A of said chapter 127, including, but not limited to, video and electronic communication services, shall be offered free of charge to the person initiating and the person receiving the communication beginning on July 1, 2023.

(b) Notwithstanding any general or special law to the contrary, upon the expiration of any contract for voice communication services, the department of correction and the sheriffs shall seek to maximize purchasing power and consolidate contracts to the extent feasible; provided, that not later than January 1, 2024, the department of correction and the sheriffs shall report to the house and senate committees on ways and means and the joint committee on the judiciary on the status of any communication services contracts and plans to consolidate contracts to maximize purchasing power for voice communication services.

(c) Notwithstanding any general or special law to the contrary, any financial incentive received in connection with a voice communication services or other communication services contract, including, but not limited to, a commission, shall revert to the General Fund.

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 2024 by increasing the final fiscal year 2023 price by the rate of inflation as determined by the division. The division shall adjust prices for extraordinary relief pursuant to 808 CMR 1.06(4). The division shall accept applications for program reconstruction and special circumstances in fiscal year 2024. The division shall authorize the fiscal year 2024 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.

Notwithstanding any general or special law to the contrary, all ambulance ground transportation provided to MassHealth fee-for-service and managed care plan members who are also Medicare eligible shall be paid at the applicable Medicare rate.

Notwithstanding any general or special law to the contrary, pursuant and subject to subsection (d) of section 9 of chapter 372 of the acts of 1984, as amended, the Massachusetts Water Resources Authority may convey to the city of Quincy for park, recreation or open space purposes a certain parcel of land owned by the Massachusetts Water Resources Authority in the city of Quincy, consisting of approximately 79,448 square feet or 1.8239 acres. The parcel of land, generally located on Cleverly court, is described in a deed recorded in the Norfolk county registry of deeds as parcel 12 in book 7803 at page 211, and is more particularly shown as Lot 2 on a plan of land entitled "Plan of Land in Quincy, Massachusetts" prepared for Massachusetts Water Resources Authority dated September 30, 2004 and March 23, 2005, as revised, prepared by Bryant Associates, Inc. and signed by Gary John Hamilton, registered professional land surveyor, and on file with the Massachusetts Water Resources Authority. The conveyance in this section shall be subject to the terms and conditions of the Conveyance Agreement dated May 20, 2022, by and between the Massachusetts Water Resources Authority and the city of Quincy.

Notwithstanding any general or special law to the contrary, for the 2023 and 2024 academic terms, the board of registration in nursing, established in section 13 of chapter 13 of the General Laws, shall develop an alternative approval process to allow faculty whose highest earned degree is a baccalaureate degree in nursing to teach the clinical or skills lab component of a course in a registered nursing program; provided, however, that the board may require such faculty to meet minimum experience requirements as determined by the board.

Notwithstanding any general or special law to the contrary and not later than 180 days after the effective date of this act, the department of public health shall promulgate regulations that create: (i) a statewide standard pre-hospital care protocol related to the assessment, treatment and transport of stroke patients by emergency medical services providers to a hospital designated by the department to care for stroke patients; provided, however, that the protocol shall be based on national evidence-based guidelines for transport of stroke patients, consider transport that crosses state lines and include plans for the triage and transport of suspected stroke patients, including, but not limited to, those who may have an emergent large vessel occlusion, to an appropriate facility within a specified timeframe following the onset of symptoms and additional criteria to determine which level of care is the most appropriate destination; (ii) statewide criteria for designating hospitals in a tiered system, featuring advanced designations in addition to primary stroke services, to treat stroke patients based on patient acuity; provided, however, that the tiers shall be based on criteria from at least 1 nationally-recognized program and shall not permit self-designation; provided further, that in developing such criteria, the department shall consider: (a) designation models and criteria developed by the Joint Commission, DNV GL Healthcare USA, Inc. or another national certifying body recognized by the Centers for Medicare and Medicaid Services; (b) designation models and criteria adopted by other states and the differences in geography and health care resources of such other states; (c) the clinical and operational capability of a facility to provide stroke services, including emergency and ancillary stroke services; (d) limiting the routing of stroke patients to thrombectomy-capable facilities whenever a comprehensive stroke center is within a recommended timeframe to maximize technical competency and patient outcomes; and (e) procedures to suspend or revoke a facility's designation if the department determines that the facility is not in compliance with designation requirements and procedures to notify emergency medical services providers of any such suspension or revocation; and (iii) recommended national evidence-based quality and utilization measure sets for stroke care for use by the center for health information and analysis pursuant to section 14 of chapter 12C of the General Laws; provided, however, that the department shall consider measures in current use in national quality improvement programs, including, but not limited to, the Centers for Medicare and Medicaid Services, the National Quality Forum, the Paul Coverdell National Acute Stroke Program or other nationally recognized data platforms.

(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 2024 consolidated net surplus, pursuant to 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 2024 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 2024 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 2024 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 2024.

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 house and senate 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 said subdivision (1) of said section 22C of said chapter 32 exceeds the amount necessary to adequately fund the annual pension obligations, the excess amount shall be credited to the Pension Reserves Investment Trust Fund established in subdivision (8) of said section 22 of said chapter 32 to reduce the unfunded pension liability of the commonwealth.

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 $25,000,000 from the prescription advantage program in line-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 2024 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 house and senate 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.

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 Titles XIX and XXI of the federal 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 said section 66 and section 69 of said chapter 118E using sources distinct from the funding made available to the Health Safety Net Trust Fund.

Notwithstanding any general or special law to the contrary, not later than October 1, 2023 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, 2023. 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, 2024, 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 established in section 65 of said chapter 118E.

Notwithstanding any general or special law to the contrary, in hospital fiscal year 2024, the office of the inspector general may expend up to $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 pursuant to said chapter 118E, including, but not limited to, a review of the program's eligibility requirements, utilization, claims administration and compliance with federal mandates. The inspector general shall submit a report to the chairs of the house and senate committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2024.

Notwithstanding any general or special law to the contrary, nursing facility rates effective on October 1, 2023, pursuant to section 13D of chapter 118E of the General Laws, may be developed using the costs of calendar year 2019.

(a) Notwithstanding any general or special law to the contrary, the comptroller, at the direction of the secretary of 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 2023.

Notwithstanding any general or special law to the contrary, for fiscal year 2024, $150,000,000 shall be considered operating assistance and distributed to regional transit authorities from item 1595-6370 of section 2E and item 1596-2406 of section 2F. For fiscal year 2024, $90,500,000 of the amount transferred in item 1595-6370 shall be distributed based on fiscal year 2023 distributions in accordance with the updated fiscal year 2023 bilateral memorandum of understanding between each regional transit authority and the Massachusetts Department of Transportation; provided, however, that each regional transit authority shall receive operating assistance from said item 1595-6370 of said section 2E of not less than the amount received in fiscal year 2023; 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 the 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 any such collected data into a report on the performance of regional transit authorities and detail each authority's progress towards meeting the performance metrics established in each memorandum of understanding.

Notwithstanding any general or special law to the contrary, the secretary of administration and finance shall direct the comptroller to transfer $205,000,000 from the federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General Laws or the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, to the General Fund.

Section 79 of chapter 6C of the General Laws, inserted by section 8, shall take effect on December 31, 2023; provided, however, that entities licensed to operate a quarry or sand and gravel operation in the commonwealth before the effective date of this act that are affected by said section 79 of said chapter 6C shall meet the requirements of said section 79 of said chapter 6C not later than December 31, 2023; and provided further, that any work conducted by such an entity prior to December 31, 2023 shall comply with existing regulations.

Not later than January 1, 2025, the secretary of administration and finance shall promulgate regulations for the implementation of section 7.

Section 81 is hereby repealed.

Section 7 shall take effect on January 1, 2026.

Sections 17, 19, 20 and 21 shall take effect as of January 1, 2023.

Section 18 shall take effect on July 31, 2025.

Sections 28 and 29 shall take effect for taxable years beginning on or after January 1, 2023.

Section 36 shall take effect as of July 1, 2022.

Sections 40 and 41 shall take effect on January 1, 2024.

Section 44 shall take effect on October 1, 2024.

Section 87A of chapter 127 of the General Laws, as inserted by section 50, shall take effect 60 days after the effective date of this act.

Sections 51 and 83 shall take effect on July 1, 2024.

Sections 69 to 72, inclusive, shall take effect as of June 1, 2023.

Section 103 shall take effect on December 31, 2026.

Except as otherwise specified, this act shall take effect as of July 1, 2023.