Sections 4-264 All Outside Sections

Section 6 of chapter 6D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words ", ambulatory surgical center and surcharge payor" and inserting in place thereof the following words:- and ambulatory surgical center.

Said section 6 of said chapter 6D, as so appearing, is hereby further amended by striking out the last paragraph.

Section 31 of chapter 9 of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 12, the figure "2025" and inserting in place thereof, in each instance, the following figure:- 2030.

Chapter 10 of the General Laws is hereby amended by striking out section 24, as so appearing, and inserting in place thereof the following section:-

Section 24. (a) The commission is hereby authorized to conduct a state lottery and shall determine: (i) the types of lotteries to be conducted; (ii) the prices of tickets or shares in the lottery; (iii) the number and sizes of the prizes on the winning tickets or shares; (iv) the manner of selecting the winning tickets or shares; (v) the manner of payment of prizes to the holders of winning tickets or shares; (vi) the frequency of the drawings or selections of winning tickets or shares; (vii) the types of locations at which tickets or shares may be sold; (viii) the method to be used in selling tickets or shares; provided, however, that no tickets or shares shall be sold, offered for sale or purchased from a licensed sales agent or the lottery commission by telephone call; provided further, that said restriction on telephone calls for sales, offers for sale or purchase shall not govern the transmittal of lottery information and sales through telephone services solely between the lottery commission and its duly licensed sales agents; provided further, that the commission shall authorize licensed sales agents to facilitate point of sale transactions using a debit card; and provided further, that the commission shall prohibit point of sale transactions or online transactions using credit cards as defined in section 1 of chapter 140D and that point of sale transactions under this section shall be subject to the restrictions pursuant to subsection (b) of section 5I of chapter 18; (ix) the licensing of agents to sell tickets or shares; provided, however, that no person under the age of 18 shall be licensed as an agent; (x) the manner and amount of compensation, if any, to be paid to licensed sales agents; provided, however, that the amount of compensation, if any, to be paid to licensed sales agents as a commission pursuant to this section shall be calculated on the total face value of each ticket or share sold and not on any discounted price of any such ticket or share sold; and (xi) such other matters necessary or desirable for the efficient and economical operation and administration of the lottery and for the convenience of the purchasers of tickets or shares and the holders of winning tickets or shares. The commission may operate the daily numbers game 7 days a week. Each physical state lottery ticket or share shall have imprinted thereon the state seal and a serial number.

(b) The commission may establish, and from time to time revise, such rules and regulations as it deems necessary or desirable and shall file the same with the office of the state secretary. The commission shall establish rules and regulations for lotteries conducted online, over the internet or through the use of a mobile application that shall, at a minimum:

(i) require age verification measures to be reasonably designed to block access to and prevent sales of lottery tickets, games or shares online, over the internet, through the use of a mobile application or through any other means to persons under the age of 21;

(ii) limit sales of lottery tickets, games or shares online, over the internet, through the use of a mobile application or through any other means to transactions initiated and received, or otherwise made, within the commonwealth;

(iii) allow any player to voluntarily prohibit or otherwise exclude themself from purchasing a lottery ticket, game or share online, over the internet, through the use of a mobile application or through any other means;

(iv) establish maximum limits for account deposits and transactions of lottery tickets, games or shares conducted online, over the internet, through the use of a mobile application or through any other means and allow players to reduce their own deposit or transaction limit at any time;

(v) clarify that any cash deposited and unspent in a lottery account belongs solely to the owner of the account and may be withdrawn by the owner at any time subject to the satisfaction of controls or policies put in place to maintain security of customer funds and to prevent fraud and unauthorized or unlawful withdrawals;

(vi) require the commission to implement promotional activities to encourage the purchase of lottery tickets, games or shares through licensed sales agents; provided, however, that promotional activities and all advertising shall not: (a) jeopardize the public health, welfare or the safety of the general public; (b) be deceptive, false, misleading, untrue or intended to deceive or create a misleading impression whether directly or by ambiguity or omission; and (c) use unsolicited pop-up advertisements on the internet or by text message directed to an individual on the list of self-excluded persons established pursuant to clause (iii); and provided further, that no advertisements shall be directed or targeted to individuals younger than 21 years old;

(vii) require within any online system a search function to find nearby licensed sales agents offering lottery sales at brick-and-mortar retail stores in the commonwealth; and

(viii) require that the lottery shall supply the department of public health with customer tracking data collected or generated by the online lottery anonymized to remove from the data: (a) personally identifying information, including a player's name, street address, bank or credit information and the last 4 digits of a player's zip code, in compliance with section 2 of chapter 93H; and (b) game identifying information, including game name and device manufacturing company, in protection of corporate intellectual property; provided, however, that the data shall retain information on player characteristics including, but not limited to, gender, age and region of residence and player behavior including, but not limited to, frequency of play, length of play, speed of play, denomination of play, amounts wagered and, if applicable, characteristics of games; provided further, that the department shall convey the anonymized data to a research facility that shall make the data available to qualified researchers for the purposes of: (1) conducting analyses that improve understanding of how gambling addiction develops and progresses; (2) developing evidence-based harm minimization strategies; and (3) developing evidence-based systems to monitor, detect and intervene in high-risk gambling; and provided further, that the commission shall request reports on researcher analyses of the behavioral data to inform its recommendations to the general court relative to more effective regulation of gambling operations.

(c) Notwithstanding any general or special law to the contrary, the name, address, transaction history, account balance or other personal or identifying information of an individual who purchases lottery tickets, games or shares online, over the internet, through the use of a mobile application or through any other means shall not be deemed public records of the commission for the purposes of section 10 of chapter 66; provided, however, that this subsection shall not prohibit the commission from using a prize winner's name, city or town of residence or photograph to publicize a lottery prize claim in excess of $600; and provided further, that this subsection shall not prohibit the commission from maintaining, using or sharing such information in the course of lottery-conducted investigation or an investigation by law enforcement or in compliance with sections 28A or 28B.

(d) The commission shall advise and make recommendations to the director regarding the operation and administration of the lottery. The commission shall report monthly to the governor, the attorney general and the general court the total lottery revenues, prize disbursements and other expenses for the preceding month and shall make an annual independently audited financial report to the same, which shall include a full and complete statement of lottery revenues, prize disbursements and other expenses, including such recommendations as it may deem necessary or advisable, which shall be made available electronically to the general public not later than the earliest date established for reports in section 12 of chapter 7A. The commission shall report immediately to the governor and the general court any matters that require immediate changes in the laws of the commonwealth to prevent abuses and evasions of the lottery law or rules and regulations promulgated thereunder, or to rectify undesirable conditions in connection with the administration or operation of the state lottery.

(e) The commission may carry on a continuous study and investigation of the lottery throughout the commonwealth in order to: (i) ascertain any defects in the state lottery law or in the rules and regulations issued thereunder whereby any abuse in the administration and operation of the lottery or any evasion of said law or said rules and regulations may arise or be practiced; (ii) formulate recommendations for changes in said law and the rules and regulations promulgated thereunder to prevent such abuses and evasions; and (iii) guard against the use of said law and rules and regulations issued thereunder as a cloak for the carrying on of organized gambling and crime.

(f) The commission shall make a continuous study and investigation of: (i) the operation and administration of similar laws in other states or countries; (ii) any literature on the subject that from time-to-time may be published or available; (iii) any federal laws that may affect the operation of the lottery; and (iv) the reaction of citizens of the commonwealth to existing and potential features of the lottery with a view to recommending or effecting changes that will tend to better serve and implement the purposes of the state lottery law.

(g) The concurrence of the chair and not less than 2 other members of the commission shall be required for all official actions of the commission. A copy of the minutes of each meeting of the commission, including any rules and regulations adopted by the commission or any amendments thereof, shall be forthwith transmitted, by and under the certification of the secretary thereof, to the governor.

(h) The commission shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records and other evidence before it in any matter over which it has jurisdiction, control or supervision. The commission shall have the power to administer oaths and affirmations to persons whose testimony is required.

Section 24A of said chapter 10, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) For the purposes of this section, "group agreement" shall mean any lottery activity in which the commission participates pursuant to a written agreement between the commission, on behalf of the commonwealth, and any state, territory, country or other sovereignty. The commission is hereby authorized to enter into agreements with 1 or more states or other jurisdictions, hereinafter referred to as a group, for the purpose of creating and maintaining multi-jurisdictional lottery games, including multi-jurisdictional lottery games to be conducted online, over the internet, through the use of a mobile application or through any other means; provided, however, that any such lottery game to be conducted online, over the internet, through the use of a mobile application or through any other means has been properly authorized by each state or other jurisdiction that is part of the group; provided further, that a group agreement shall not include the state lottery games created pursuant to section 24; and provided further, that nothing in this section and nothing in a group agreement shall authorize the commission to make expenditures that are not consistent with restrictions on expenditures by the commission provided for in any other general or special law. The group shall determine the types of lotteries to be conducted, the prices of tickets or shares, the manner of selecting the winning tickets or shares, the manner of payment of prizes to the holders of winning tickets or shares and the frequency of the drawings or selection of winning tickets or shares. The commission may establish, and from time-to-time revise, such rules and regulations as it deems necessary or desirable to carry out the group agreement and shall file the same with the office of the state secretary.

Said chapter 10 is hereby further amended by striking out section 25, as so appearing, and inserting in place thereof the following section:-

Section 25. (a) The apportionment of the total revenues accruing from the sale of lottery tickets or shares and from all other sources at the point of sale at a licensed agent shall be as follows: (i) the payment of prizes to the holders of winning tickets or shares, which in any case shall be no less than 45 per cent of the total revenues accruing from the sale of lottery tickets; (ii) the payment of costs incurred in the operation and administration of the lottery, including the expenses of the commission and the costs resulting from any contract or contracts entered into for promotional, advertising or operational services or for the purchase or lease of lottery equipment and materials, which in no case shall exceed 15 per cent of the total revenues accruing from the sale of lottery tickets or shares, subject to appropriation; and (iii) the balance shall be used to fund budgeted aid to cities and towns as provided in section 18C of chapter 58, subject to appropriation.

(b) The apportionment of the total revenues accruing from the sale of lotteries conducted online, over the internet, through the use of a mobile application or through any other means as authorized by section 24 except for those enumerated in subsection (a) shall be as follows: (i) the payment of prizes to the holders of winning tickets or shares; (ii) the payment of costs incurred in the operation and administration of such lotteries, including the expenses of the commission and the costs resulting from any contract or contracts entered into for promotional, advertising or operational services or for the purchase or lease of lottery equipment and materials, which in no case shall exceed 5 per cent of the total revenues accruing from the sale of lottery tickets or shares; and (iii) the balance shall be transferred to the Early Education and Care Operational Grant Fund established in section 19 of chapter 15D.

Section 26 of said chapter 10, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The state treasurer shall, subject to the approval of the governor, appoint a director of the state lottery, hereinafter called the director, who shall serve at the pleasure of the state treasurer, shall devote their entire time and attention to the duties of the office and to such official duties specified by the state treasurer subject to the approval of the governor, and shall receive such salary as the commission may determine.

Said section 26 of said chapter 10, as so appearing, is hereby further amended by striking out, in lines 39 and 40, the words ", provided, however, that no person shall be assigned more than one license to sell lottery tickets or shares".

The second paragraph of section 27 of said chapter 10, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- No member of the commission or covered state employee or member of their immediate family residing in the same household in the principal place of abode of any member of the commission or covered state employee, or legal entity that includes such a person as an officer, director, member, partner, owner, investor or an individual that has a financial interest in the entity, unless said interest is in a publicly traded company by ownership of shares of less than 10 per cent of all issued stock, shall be issued a license to sell lottery tickets. For the purposes of this paragraph, "covered state employee" shall mean a state employee, as defined in section 1 of chapter 268A, or a special state employee, as defined in section 1 of chapter 268A, of the commission, and "immediate family" shall have the same meaning as defined in section 1 of chapter 268A.

Section 27A of said chapter 10, as so appearing, is hereby amended by striking out, in lines 31 to 33, inclusive, the words "in a newspaper of general circulation in the area including the municipality where said Keno licensee will operate" and inserting in place thereof the following words:- on the commission's website.

Section 31 of said chapter 10, as so appearing, is hereby amended by inserting after the word "commission", in line 3, the following words:- , except as authorized by the director for investigative purposes,.

Said chapter 10 is hereby further amended by inserting after section 35D the following section:-

Section 35D1/2. (a) There shall be a Biodiversity Fund, which shall be a separate, nonbudgeted special revenue fund to be administered by the commissioner of fish and game. The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources specifically designated for the purposes of this section, including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth; and (iii) income derived from the investment of money credited to the fund. Amounts credited to the fund shall be expended without further appropriation. The unexpended balance in the fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to be in deficit at any point.

(b) The commissioner may expend money from the fund to carry out the policies, programs or powers of the department of fish and game for: (i) the protection and maintenance of biodiversity and natural systems, including, but not limited to, the acquisition of land and interests therein; (ii) work related to habitat and species connectivity and habitat and species status; (iii) addressing anticipated shifts in species distribution and abundance; (iv) blue carbon strategies; (v) habitat management, conservation and restoration; (vi) public engagement; (vii) data collection; (viii) technical assistance; (ix) a grant program to nonprofit organizations, researchers and community-based organizations; and (x) any costs associated with carrying out those purposes.

(c) Annually, not later than November 1, the commissioner shall file a report on the fund's activities with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on environment and natural resources. 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 nonprofit organizations, researchers and community-based organizations; and (iii) a plan detailing the planned uses of funds in the following calendar year.

Section 35III of said chapter 10, as appearing in the 2022 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There shall be a Castle Island and Marine Park Fund, which shall be a separate, nonbudgeted fund to be administered by the secretary of energy and environmental affairs. Amounts credited to the fund shall be expended, without further appropriation, for the long-term preservation, maintenance, nourishment and public safety of Castle Island and Marine park in the South Boston section of the city of Boston. The fund shall be credited with: (i) any revenues or other financing sources directed to the fund by appropriation; (ii) money authorized by the general court and specifically designated to be credited to the fund; (iii) any income derived from the investment of amounts credited to the fund or repayment of loans from the fund; (iv) funds from public or private sources including, but not limited to, gifts, federal or private grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund; and (v) all other amounts credited or transferred to the fund from any other source.

Section 15 of chapter 12 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the figure "$191,000" and inserting in place thereof the following figure:- $223,442.

Section 7 of chapter 12C of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "hospital, ambulatory surgical center and surcharge payor", and inserting in place thereof the following words:- hospital and ambulatory surgical center.

Said section 7 of said chapter 12C, as so appearing, is hereby further amended by striking out the last paragraph.

Said chapter 12C is hereby further amended by inserting after section 7 the following section:-

Section 7A. There shall be a Center for Health Information and Analysis Fund which shall be a separate, nonbudgeted special revenue fund to be administered by the executive director. The fund shall be credited with: (i) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E; (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, federal financial participation, grants and donations; and (iv) any interest earned on the assets of the fund. Amounts credited to the fund shall be expended, without further appropriation, for the expenses of the center and for the other purposes described in this chapter. For the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the fund may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of amounts credited to the fund during the period of the timing discrepancy or the most recent revenue estimate as reported in the state accounting system. Any balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not be transferred to any other fund or revert to the General Fund.

Chapter 15A of the General Laws is hereby amended by inserting after section 5A the following section:-

Section 5B. (a) There shall be a community college program to provide an approved certificate or associate degree offered by a community college segment under section 5 of chapter 15A. The program shall be available at no cost to students who: (i) are enrolled in and pursuing a program of higher education at a public community college in the commonwealth; (ii) have completed a free application for federal student aid or an equivalent application for state-funded financial assistance; provided, however, that if the individual is not a citizen or legal permanent resident of the United States, the application for financial assistance shall be submitted with 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; (iii) are enrolled in not less than 6 credits; and (iv) have not earned a prior baccalaureate degree or an equivalent certification.

(b)(1) A student attending a community college pursuant to paragraph (a) shall not be responsible for the cost of tuition and mandatory fees, subject to appropriation under subsection (c).

(2) A student whose household income is at or below 125 per cent of state median income, or other income level established by the department, shall be granted an allowance for books, supplies and other expenses related to attending a community college program pursuant to paragraph (a); provided, however, that said allowance shall not preclude students from receiving assistance through state-funded financial assistance including, but not limited to, MassGrant or MassGrant Plus, subject to any regulations promulgated under this section.

The department shall establish guidelines for the purposes of determining eligibility for tuition, fees and such allowance.

(c)(1) Subject to appropriation, after calculating a student's financial aid, any remaining tuition, fees and allowances for students eligible under subsections (a) or (b) shall be funded by the commonwealth; provided, however, that a community college shall not increase tuition and fees annually more than the lesser of: (i) the ratio of the value of the implicit price deflator for state and local government purchases in the third quarter of the prior fiscal year to its value in the third quarter of the fiscal year 2 years prior; and (ii) 1.045.

(2) The department, in consultation with the community colleges and other relevant stakeholders, shall develop a performance-based or outcomes-based formula for the purpose of distributing a portion of the annual state appropriation to community colleges. The department, in consultation with the community colleges and relevant stakeholders, shall revise the formula not less than every 6 years.

(d) Each community college shall provide the department with data the department deems necessary to implement this section, including, but not limited to, quarterly reports on costs incurred, delineated by expenditure type and student enrollment.

(e) The department may issue rules or regulations to implement this section.

Section 9 of chapter 15A of the General Laws is hereby amended by striking out the last paragraph, added by section 11 of chapter 28 of the acts of 2023, and inserting in place thereof 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 at public institutions of higher education and for state-funded financial assistance, an individual admitted to such 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 at public institutions of higher education and shall be eligible on the same terms as other individuals for state-funded financial assistance at state-funded public and state-approved private, independent nonprofit institutions of higher education. 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 at a public institution of higher education or state-funded financial assistance at an institution of higher education under this section, an eligible individual shall provide the 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 laws and regulations within 120 days of eligibility for such status; or (iv) documentation of registration with the selective service, if applicable. The board of higher education shall issue regulations for the implementation of this paragraph. Student or family information obtained in the implementation of this paragraph shall be protected from disclosure under subclause (c) of clause Twenty-sixth of section 7 of chapter 4, chapter 66A, chapter 93H and other applicable privacy laws.

Chapter 15A of the General Laws is hereby amended by inserting after section 19E the following 2 sections:-

Section 19F. (a) Subject to appropriation, the board shall, in consultation with the board of early education and care, establish an early education and care educator scholarship program for current and prospective early education and care sector educators. The program shall be administered by the board, in consultation with the board of early education and care, consistent with clause (10) of the second paragraph of section 5 of chapter 15D.

(b) To be eligible for the scholarship program, recipients shall demonstrate that they are either: (i) a current early education and care educator employed or seeking employment with an early education and care provider in the commonwealth; or (ii) a prospective early education and care educator who is enrolled in or has agreed to enroll in a certificate program or an associate, bachelor or graduate-level degree program in the early education and care field in the commonwealth; provided, however, that recipients of the scholarship program shall commit to providing early education and care in the commonwealth for a term of service to be determined by the board in consultation with the board of early education and care.

(c) Preference for scholarships shall be given to applicants identified as educators who have displayed a proven commitment to early childhood education or who are members of a socially or economically disadvantaged community.

(d) A scholarship granted pursuant to this section may be used to cover the cost of tuition, fees or course-related expenses, including, but not limited to, personal child care expenses incurred in order to attend classes and class meetings and other supports deemed appropriate by the board, in consultation with the board of early education and care, for current and prospective early education and care educators to obtain credentials or associate, bachelor or graduate-level degrees to meet the educator and program quality standards of the department of early education and care.

(e) The board, in consultation with the board of early education and care, shall promulgate regulations or guidelines governing the scholarship program, which shall include procedures for repayment of the amount of scholarship benefits for a recipient who participates in the program but fails to complete the commitment under subsection (b) or other requirements.

Section 19G. (a) Subject to appropriation, the board shall, in consultation with the board of early education and care, establish an early education and care educator loan forgiveness program for early education and care educators pursuant to clause (10) of section 5 of chapter 15D. Preference for loan forgiveness shall be given to applicants identified as early education and care educators in the commonwealth who have displayed a proven commitment to early childhood education and who either: (i) work in communities predominantly serving children and families with high needs; or (ii) work in regions with a shortage of early education and care slots.

(b) The board, in consultation with the board of early education and care, shall promulgate regulations or guidelines necessary to implement this section, which shall include procedures for default of the loan forgiveness program for a recipient who participates in the program but fails to complete the commitment or other requirements.

Said chapter 15A is hereby further amended by adding the following 2 sections:-

Section 48. (a) The department, in consultation with the MassTransfer Steering Committee established under subsection (b), shall establish and administer a program to be known as the MassTransfer program, to allow students of public institutions of higher education, as defined in section 5, to transfer credits: (i) among public institutions of higher education in a comprehensive, accessible and efficient manner; and (ii) where appropriate, for courses at the state university segment and the university of Massachusetts segment, without loss of credit. Public institutions of higher education may establish transfer articulation agreements with each other to accomplish the goals of this section.

(b) There shall be a MassTransfer Steering Committee, which shall advise the department on the creation, implementation and improvement of the MassTransfer program under subsection (a). The committee shall consist of the following representatives, designated by the department: (i) faculty members, with at least 1 from each segment of public institutions of higher education; (ii) a president from each segment of public institutions of higher education; (iii) transfer advisors or registrars, with at least 1 from each segment of public institutions of higher education; (iv) student representatives; and (v) members of the business community. The committee shall select a chair annually by a majority vote of the members. The department shall maintain a website for the program, which shall provide a comprehensive guide for students on transferring credits through the credit transfer program.

Section 49. (a) The board of higher education, in consultation with public institutions of higher educations, as defined in section 5, shall develop and approve a common course numbering system for lower-division courses with the goal of creating transparency for credit transferability. The department shall develop rules for the administration of the system.

(b) Each public institution of higher education shall include in its course catalog the applicable course prefix and numbers from the common course numbering system approved by the board under this section. The board may, for good cause as determined by the board, grant a public institution of higher education an exemption from the requirements of this section.

Section 1A of chapter 15D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 98 to 100, inclusive, the words ", but the number of children under the age of 16 in a large family child care home shall not exceed 10, including participating children living in the residence".

The second paragraph of section 2 of chapter 15D of the General Laws, as so appearing, is hereby amended by striking out clause (e) and inserting in place thereof the following clause:-

(e) establish and develop a schedule for revising: (1) a rate structure for voucher and contracted payments to early education and care providers that enroll children receiving child care financial assistance, which shall be informed by the cost of providing high-quality early education and care to such children in conformity with federal and state laws, regulations and quality and safety standards and any other relevant factors; and (2) a sliding fee scale for families receiving child care financial assistance, which shall be updated within 1 year of the department expanding income eligibility for the child care financial assistance program under subsection (e) of section 13A, or not less than every 5 years, whichever occurs first, to reflect affordability standards for participating families; provided, however, that recipients of child care financial assistance whose income is not more than 100 per cent of the federal poverty level shall not be charged fees for care; provided further, that the sliding fee scale shall be implemented by applying the scale to the amount that a family's income exceeds 100 per cent of the federal poverty level; provided further, that recipients of child care financial assistance shall not be charged fees for care that exceed 7 per cent of the family's total income; provided further, that prior to the establishment or revision of the rate structure or sliding fee scale, the department shall hold a public hearing under chapter 30A on such establishment or revisions and the board shall approve such establishment or revision; and provided further, that the department shall submit any proposed rate structure or sliding scale fee to the clerks of the senate and house of representatives not less than 60 days prior to implementation.

Said section 2 of said chapter 15D, as so appearing, is hereby further amended by adding the following 2 clauses:-

(v) in consultation with the data advisory commission established in section 12B, annually collect data, to the extent feasible, on: (1) the number of for-profit organizations that own or franchise centers in multiple states and operate center-based programs in the commonwealth; (2) the number of center-based programs that are not programs pursuant to subclause (1); (3) the number of early education and care providers serving children and families; (4) the number of employees at early education and care providers, delineated by job position and full-time or part-time designation; (5) pay rates and employer-paid benefits for employees at early education and care providers, delineated by job position and full-time or part-time designation; (6) tuition charged by early education and care providers for full and part-time early education and care, delineated by age group and region; (7) the number of children enrolled by early education and care providers, delineated by region, age, type of care, family income range, race, ethnicity, country of origin, disability status, receipt of early intervention services, primary language of the household and the number of adults in the household; (8) the number of children receiving child care financial assistance, delineated by region, age, family income, race, ethnicity, country of origin, disability status, receipt of early intervention services, primary language of the household and number of adults in the household; (9) the total cost of child care financial assistance provided by the department; (10) the average monthly number of utilized and unutilized contracted slots and vouchers, delineated by region and type of care; and (11) the average monthly number of children on the department's waitlist for child care financial assistance, delineated by region, age, type of care, family income range, race, ethnicity, country of origin, disability status, receipt of early intervention services, primary language of the household and number of adults in the household; provided, however, that the department shall include a summary of the data collected pursuant to this clause in the department's annual report required pursuant to subsection (g) of section 3; and

(w) develop, maintain and disseminate a written early education and care informational guide, accessible through the department's website and available in multiple languages, containing resources for parents of newborns, including, but not limited to: (1) information on the short and long-term developmental benefits of a quality early education and care curriculum; (2) the department's role in licensing providers and conducting background record checks and the differences between licensed and unlicensed providers; (3) child care financial assistance eligibility requirements and application process; and (4) the website for families to access an online directory, searchable by geographic location, of licensed child care programs across the commonwealth; provided, however, that the department shall disseminate the guide at accessible locations, including, but not limited to: (A) public libraries; (B) family resource centers; (C) hospitals with maternity services; and (D) birthing centers.

The first paragraph of subsection (g) of section 3 of said chapter 15D, as so appearing, is hereby amended by adding the following 2 sentences:- The report shall summarize data collected pursuant to clause (v) of the second paragraph of section 2 and shall provide information and examples on barriers to collecting data required pursuant to said clause (v). The report shall summarize data collected for the operational grant program established pursuant to section 20.

Section 3A of said chapter 15D, as so appearing, is hereby amended by striking out, in line 23, the words "Parents Alliance for Catholic Education" and inserting in place thereof the following words:- Massachusetts Council for American Private Education.

Said section 3A of said chapter 15D, as so appearing, is hereby further amended by striking out, in line 26, the words "the Bureau of Jewish Education" and inserting in place thereof the following words:- Combined Jewish Philanthropies of Greater Boston, Inc.

Said chapter 15D is hereby further amended by inserting after section 12A the following section:-

Section 12B. (a)(1) There shall be a data advisory commission to make recommendations to improve the use of state, provider and program-level data related to the cost, quality and utilization of early education and care services.

(2) The data advisory commission shall utilize data received by the department, including, but not limited to, data collected pursuant to clause (v) of the second paragraph of section 2, to identify, analyze and make recommendations on high-impact, cost-effective data strategies for assessing the needs of families and children, including, but not limited to: (i) establishing a uniform data collection and reporting system to track the data that the department is required to collect pursuant to clause (v); (ii) strengthening the department's capacity to analyze and report on staffing, scheduling and financial data to support strategic resource allocation decisions; (iii) strengthening the department's capacity to use data to inform strategic resource allocation and implementation decisions; and (iv) streamlining data reporting, including, but not limited to, eliminating duplicative reporting requirements. In making its recommendations, the commission shall consider the needs and capabilities of early education and care providers located in rural areas.

(b) The data advisory commission shall consist of: the commissioner of early education and care or a designee, who shall serve as chair; the secretary of education or a designee; 12 members who shall have demonstrated knowledge and experience in data collection and analysis for the purpose of improving access to high-quality and affordable early education and care services, 1 of whom shall be appointed by the Massachusetts Association for Early Education & Care, Inc., 1 of whom shall be appointed by Neighborhood Villages Inc., 1 of whom shall be appointed by the Massachusetts Head Start Association, Inc., 1 of whom shall be appointed by the Massachusetts Afterschool Partnership, Inc., 1 of whom shall be appointed by the Common Start Coalition, 1 of whom shall be appointed by the Massachusetts Early Childhood Funder Collaborative, 1 of whom shall be appointed by The Massachusetts Business Roundtable, Inc., 1 of whom shall be appointed by the Massachusetts Business Coalition for Early Childhood Education, 1 of whom shall be appointed by Jumpstart for Young Children, Inc., 1 of whom shall be appointed by the Alliance of Massachusetts YMCAS, Inc., 1 of whom shall be appointed by the Massachusetts Alliance of Boys & Girls Clubs, Inc. and 1 of whom shall be appointed by Massachusetts Taxpayers Foundation, Inc.; and 5 members who shall be appointed by the commissioner, 1 of whom shall be a family-based early education and care provider, 1 of whom shall be a center-based early education and care provider, 1 of whom shall be a parent of a child currently enrolled in an early education and care program, 1 of whom shall have professional experience and knowledge in the area of data collection, quality and usage in establishing education policy and improving child and family outcomes and 1 of whom shall be a prospective early education and care educator enrolled in a training or degree program. Appointees on the advisory commission shall reflect geographically diverse regions of the commonwealth to ensure regional equity within the commission.

(c) Annually, not later than December 1, the data advisory commission shall submit a report with recommendations and findings 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 education. The report shall be made publicly available on the department's website.

Said chapter 15D is hereby further amended by inserting after section 13 the following section:-

Section 13A. (a) The department shall maintain, subject to appropriation, a child care financial assistance program that shall provide sufficient financial assistance to enable eligible families to afford and access high-quality early education and care for infants, toddlers, preschool-age children and school-age children.

(b) The department shall provide child care financial assistance to support early education and care through means which shall include, but shall not be limited to: (i) providing vouchers for payments to early education and care providers of a family's choosing; and (ii) offering families the option of an open slot with an early education and care provider that is contracted with the department; provided, however, that an eligible family shall receive only 1 type of support for each eligible child. Reimbursement for vouchers and contracted payments to early education and care providers that enroll children receiving child care financial assistance shall be based on enrollment; provided, however, that enrollment shall be measured by the department using quarterly enrollment averages or if deemed appropriate by the department, enrollment averages less frequent than quarterly.

(c) Child care financial assistance may be used for early education and care provided by public, private, nonprofit and for-profit entities licensed or approved by the department including, but not limited to, preschools, child care centers, nursery schools, before-school programs, after-school programs, out-of-school time programs, Head Start programs, Early Head Start programs, informal child care providers and independent and system-affiliated family child care homes. As a condition for receiving child care financial assistance from the department under this section, an early education and care provider shall enter into and comply with a contract with the department or its agents. The department shall develop the contract which shall include a requirement that the early education and care provider comply with all applicable requirements of this chapter and any other federal or state requirements necessary to receive funding for child care financial assistance provided to families under this section.

(d) The department shall provide child care financial assistance to: (i) families with a child who has an open case at the department of children and families or families with a child who is otherwise referred by the department of children and families; (ii) families currently involved with, or transitioning from, transitional aid to families with dependent children, including: (A) recipients of transitional aid to families with dependent children benefits; (B) former recipients of transitional aid to families with dependent children benefits who are working or are engaged in an approved service need activity for up to 1 year after termination of their benefits; (C) participants who are working or are engaged in an approved service need activity for up to 1 year after the transitional period; (D) parents who are under 18 years of age who are currently enrolled in a job training program and who would qualify for benefits under chapter 118 if not for the consideration of the income of the minor parents' legal guardians or parents; and (E) recipients of the supplemental nutrition assistance program who are participating in education and training services approved by the department of transitional assistance; and (iii) families in need of early education and care services whose family income is not more than 85 per cent of the state median income; provided, however, that the department shall promulgate regulations to ensure that priority shall be given to families: (A) whose family income is not more than 50 per cent of the state median income; (B) in which a parent or caregiver is working in the field of early education and care subject to rules or regulations set by the department; (C) with children who have a documented disability and whose family income is not more than 85 per cent of the state median income; (D) who are experiencing homelessness; (E) who are headed by a young parent as determined by the department; and (F) experiencing domestic violence.

(e) If additional funds are available or the federal government obligates itself to release additional funding to expand access to child care services beyond those reasonably sufficient to fund subsection (d), the department shall, in a manner consistent with any requirements placed on the receipt or expenditure of the relevant federal funds, allocate funding to increase the number of families receiving child care financial assistance based on income eligibility in the following order of priority to provide child care financial assistance to: (i) families eligible under said clause (iii) of said subsection (d); (ii) families in need of child care services whose family income is above 85 per cent, but not more than 100 per cent, of the state median income; (iii) families in need of child care services whose family income is above 100 per cent, but not more than 110 per cent, of the state median income; and (iv) families in need of child care services whose family income is not more than 125 per cent of the state median income.

(f) If a school-age child is receiving child care financial assistance, the assistance shall continue until the end of the school year even if the child reaches the maximum age prior to the last day of the school year.

(g) For the purposes of child care financial assistance eligibility, "family income" shall include the income of parents living with the child receiving child care financial assistance but shall not include: (i) any form of income of foster parents, caregivers or other adult family members; (ii) income of siblings who are not receiving child care financial assistance; or (iii) earned income of any minor child.

To the extent allowable under federal laws and regulation, no child care financial assistance provided under this section shall be counted as income or assets for the purpose of disqualifying any person from eligibility for any other government benefit for which the person is otherwise eligible including, but not limited to, transitional aid to families with dependent children benefits.

(h) The department or its agents shall not reduce, terminate or deny continued child care financial assistance to a family based solely on family income unless the income exceeds 85 per cent of the state median income or the income eligibility threshold for currently eligible families as prioritized in subsection (e), whichever is higher. If a family is determined to be ineligible for financial assistance, the family shall be given an opportunity for an administrative review. If the department or its agents, after such administrative review, reduce, terminate or deny a family's child care financial assistance, the department shall provide the family with an opportunity for an administrative appeal hearing and shall process the appeal within 60 days from the date the request is made. Subject to department rules and regulations, while an administrative review or, if applicable, an administrative appeal hearing is pending and until a final determination is made, services supported by child care financial assistance shall continue after receipt of a notice of reduction, termination or denial of continued child care financial assistance.

(i) The department shall review the child care financial assistance program not less than annually to identify access barriers to families and opportunities to improve families' experiences with the child care financial assistance process, including, but not limited to, department paperwork and verification requirements. The department shall take action to remove any access barriers, including, but not limited to: (i) making technological improvements; (ii) streamlining the application and renewal processes; (iii) improving outreach to potentially eligible families regarding the availability of child care financial assistance and the application process; and (iv) improving access for families with limited English proficiency.

(j) Annually, not later than February 15, the department shall file a report to the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on education on the child care financial assistance program including, but not limited to: (i) the number of applications received; (ii) the numbers of applications denied, delineated by reason for denial; (iii) the number of administrative reviews requested, delineated by reasons for ineligibility as determined by the department; (iv) the number of administrative reviews performed, delineated by reversal, reduction, termination and denial of child care financial assistance and length of time in which a decision was made; and (v) the number of administrative appeal hearings, delineated by the administrative appeal hearing decisions and length of time in which a decision was made. The report shall be made publicly available on the department's website.

(k) The department shall promulgate regulations necessary to implement this section.

Subsection (a) of section 17 of said chapter 15D, as appearing in the 2022 Official Edition, is hereby amended by striking out the definitions of "Family child care provider" and "Family child care services" and inserting in place thereof the following 2 definitions:-

"Family child care provider", a person who provides family child care services on behalf of children receiving child care financial assistance and receives payment from the commonwealth for such services under a rate structure for voucher and contracted payments.

"Family child care services", child care services provided for less than 24 hours per day in the residence of the provider on behalf of children receiving child care financial assistance for which payment from the commonwealth is made under a rate structure for voucher and contracted payments.

Subsection (b) of said section 17 of said chapter 15D, as so appearing, is hereby amended by inserting after the fifth sentence the following sentence:- Deductions may further be made under said sections 17A, 17G and 17J of said chapter 180 from payments received by family child care providers through grants received under section 19; provided, however, that notwithstanding subsection (g), with the exception of dispute resolution procedures regarding grant payment errors, the distribution, disbursement or allocation amounts or formulas of said grants shall not be the subject of negotiation or collective bargaining.

Said section 17 of said chapter 15D, as so appearing, is hereby further amended by striking out, in line 76, the words "low-income and other at-risk children" and inserting in place thereof the following words:- children receiving financial assistance.

Said chapter 15D is hereby further amended by adding the following 3 sections:-

Section 19. (a) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Early Education and Care Operational Grant Fund, which shall be administered by the department. Amounts credited to the fund shall be expended, subject to appropriation, to provide a funding stream to support the operational grant program for early education and care providers in the commonwealth established pursuant to section 20. The unexpended balance in the fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years. The fund shall not be subject to section 5C of chapter 29.

(b) The fund shall be credited with: (i) revenue received pursuant to clause (iii) of subsection (b) of section 25 of chapter 10; (ii) other money authorized 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) interest earned on such money.

Section 20. (a) The department shall, subject to appropriation, establish, distribute and maintain an operational grant program for early education and care providers to provide high-quality and sustainable education and care.

(b) Eligible uses for operational grants shall include, but not be limited to: (i) compensating early education and care provider staff through increased salaries, benefits, bonuses, professional development or access to continuing education opportunities; (ii) increasing the affordability of early education and care to families, including by reducing the tuition and fees paid by families or offering scholarships to families; (iii) enabling early education and care providers to provide high-quality early education and care and to comply with applicable health, safety, educational and quality-assurance requirements, any other requirements of this chapter, and requirements imposed by the department consistent with this chapter; (iv) improving facilities and physical spaces used by the providers; (v) enabling early education and care providers to purchase high-quality, evidence-based early literacy materials; (vi) enabling providers to address emergency situations during which the cost of care significantly increases due to additional federal, state or department requirements or the loss of fees due to absence or unenrollment that jeopardizes early education and care providers' ability to retain their facilities and staff; (vii) enabling early education and care providers to expand hours of operation to meet the needs of children and families; and (viii) enabling early education and care providers to maintain or increase capacity to provide voluntary supplemental services to enrolled children and their families including, but not limited to, social work services, health and disability-related services and support services to parents and caregivers.

(c) The department shall maintain a formula for distributing operational grants to early education and care providers, which shall give preference to providers that serve: (i) high numbers of children receiving child care financial assistance or services from head start and early head start programs; (ii) high numbers of high needs children; and (iii) unique populations or that otherwise advance the interests of the program as determined by the department. The formula shall consider: (i) licensed capacity and enrollment including the ages of the children enrolled and the ages of the children for whom the provider has capacity; provided, however, that enrollment shall be measured by the department using quarterly enrollment averages or if deemed appropriate by the department, enrollment averages less frequent than quarterly; (ii) costs associated with employee compensation, including salaries and benefits; (iii) the number of enrolled children receiving child care financial assistance, services from head start and early head start programs or scholarship assistance or other meaningful financial assistance from an early education and care provider; (iv) to the extent feasible, the demographics and income of families served, including the number of children enrolled and identified as high needs; (v) the cost of goods and services necessary for provider operations, including rent, utilities, maintenance and facility improvements; (vi) the cost of quality care methodology developed by the department and, until such time as the methodology is established, any available information regarding the cost of quality early education and care, including available credentialing frameworks and applicable salary guidelines; (vii) increasing the financial stability of providers in need; (viii) the business structure of providers; and (ix) any other factors impacting the cost of providing quality early education and care including, but not limited to, serving infants and toddlers, providing nonstandard hours of care and providing care in socially and economically disadvantaged and historically underrepresented communities with shortages of early education and care slots. A provider that is not an "eligible organization" as defined in section 18 and that, directly or through an affiliate, operates more than 10 center-based programs in the commonwealth shall not receive more than 1 per cent of annual program funds unless the provider is granted a waiver by the commissioner deeming such allocation of more than 1 per cent to be in the best interest of the commonwealth. The department shall incorporate geographic equity into the development of the distribution formula.

Annually, the department shall review and update the operational grant formula to ensure equity and effectiveness in the financial sustainability of early education and care providers. Prior to the establishment or a revision of the operation grant formula, the department shall conduct a public hearing under chapter 30A and submit the proposed updates to the board for its approval.

(c1/2) To prioritize low-income and at-risk children, the department shall annually ensure not less than 50.5 per cent of operational grant funding distributed in a fiscal year is disbursed to: (i) providers with enrollment of at least 25 per cent of children receiving child care financial assistance or otherwise serving at least 25 per cent of low and at-risk children; or (ii) head start or early head start programs.

(d) As a condition for receiving operational grants under this section, the department shall require early education and care providers to: (i) enter into and comply with contractual agreements with the department or its agents, which shall be developed by the department; (ii) continue to, or demonstrate a willingness to, enroll children receiving child care financial assistance, if a family receiving child care financial assistance chooses the provider and the provider has an available opening; (iii) demonstrate progress towards increasing salary, compensation and benefits in alignment with the career ladder established in section 21, and if not feasible, provide increased salaries, compensation and benefits to the extent possible; and (iv) provide the department with data that the department requires, as needed to carry out the department's assessment and reporting requirements under this section. The department shall solicit public comments prior to establishing or revising criteria for eligible recipients of the operational grant program.

(e) Operational grants shall, subject to appropriation and the distribution formula developed under subsection (c), be renewed for each provider; provided, however, that renewal shall not be required if there is a change in circumstances for the provider making them ineligible, the provider is not in compliance with this section or if the department, in its discretion, determines that renewal would not be appropriate.

(f) The department shall establish enforceable compliance standards to ensure the integrity of the program. The standards shall ensure that open slots in early education and care providers that receive operational grants are accessible to children receiving child care financial assistance and that recipients are making meaningful progress towards complying with the career ladder standards established in section 21; provided, however, that a provider that is not an "eligible organization" as defined in section 18 of and that, directly or through an affiliate, operates more than 10 center-based programs in the commonwealth and receives operational grants shall: (i) demonstrate a willingness to accept more children receiving child care financial assistance at each program location operated by the provider or an affiliate of the provider in proportion to the provider's size, as determined by the department; (ii) dedicate a certain percentage of the provider's operational grant funds, as determined by the department, to increasing compensation for their early education educators and make meaningful progress towards complying with the department's career ladder; and (iii) annually provide the department with an audited financial statement detailing how the provider's operational grant funds are spent. Prior to establishing or revising standards, the department shall solicit public input.

(g) The department shall include information on the status of the operational grant program in the department's annual report required by subsection (g) of section 3. This information shall include, but not be limited to: (i) a description of the distribution formula; (ii) an analysis of the incorporation of equity into the distribution formula; (iii) an analysis of the demographic data of the families served by recipients of operational grants; (iv) an analysis of how recipients are using operational grants; (v) an analysis of the impact of the operational grant program on supporting provider sustainability, increasing the availability of early education and care slots, supporting the early education and care workforce, assisting providers with complying with the career ladder established under section 21 and improving access to, and the affordability of, high-quality early education and care; (vi) an analysis of the impact that the termination of the operational grant program would have on the commonwealth; (vii) if applicable, recommendations on how the program could be modified to most effectively direct grant funding to providers serving families with the greatest needs; and (viii) if applicable, recommendations on how to amend the distribution formula to maximize the goals of educational equity, school readiness and optimal results for families with the greatest needs. The department shall publicly post on its website the amount of operational grants awarded, delineated by the name of each recipient and by the municipality in which the recipient is located.

Section 21. (a) The department shall maintain an early education and care career ladder as considered under clause (11) of the second paragraph of section 5.

(b) The career ladder shall include, but not be limited to: (i) minimum recommended salaries and compensation for each level of the career ladder that are commensurate with the salaries of public school teachers with equivalent education, credentials and training required for a position; (ii) minimum recommended benefits for early education and care provider staff including, but not limited to, health insurance, retirement benefits, paid vacation and other leave time; and (iii) recommendations for linking professional development and educational credentials to increased compensation and leadership opportunities in early education and care. Prior to establishing or revising the career ladder, the department shall solicit public input.

(c) The department shall review the career ladder's compensation structure and benefits guidelines annually and update them, as needed, based on increased cost of living or any other factors deemed relevant by the department to determine appropriate compensation for the field.

Section 25 of chapter 22C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 2, the words ", which shall be written examinations,".

Said section 25 of said chapter 22C, as so appearing, is hereby further amended by inserting after the word "question", in line 13, the following words:- or assessment.

Said chapter 22C is hereby further amended by striking out section 26 and inserting in place thereof the following 2 sections:-

Section 26. (a) The colonel may promote uniformed members of the state police who are deemed eligible for promotion by the colonel to the title of noncommissioned officer or lieutenant. Promotional examinations to the title of noncommissioned officer or lieutenant shall include a written test and may include an assessment process designed to evaluate a uniformed member's knowledge, skills and abilities related to the position. The assessment process, if utilized, and the written test shall be developed in consultation with, and validated by, a certified organizational psychologist. A total promotional score shall be based on the uniformed member's promotional examination score and a longevity score.

(b)(1) The colonel shall promulgate regulations on the promotional process, including, but not limited to, to the validation of promotional examinations, the specific components of promotional examinations, the weighting of such components and the calculation and weighting of longevity scores. For a uniformed member who is a veteran, the regulations shall provide for the uniformed member's promotional score on the written examination to be increased by 2 per cent and may provide for veteran status to be recognized in other ways in the promotional examination process.

(2) The colonel may promulgate regulations providing for minimum scores on the promotional examination, or portions thereof, to be met by uniformed members to be eligible for promotion. Such minimum scores shall be set in consultation with a certified organizational psychologist before or after administration of the relevant examination.

(c) To be eligible to participate in a promotional examination for the title of noncommissioned officer, a uniformed member shall, at a minimum, have completed not less than 5 years of service as a uniformed member immediately before the final date for the filing of applications for such examination and have completed, in the immediately preceding year, 1 full year of service in the next lower rank or title. To be eligible to participate in a promotional examination for the title of lieutenant, a uniformed member shall, at a minimum, have completed not less than 1 year of service in the next lower rank or title immediately before the final date for the filing of applications for such examination and have completed not less than 8 years of service as a uniformed member prior to the final date for filing applications for such examination.

(d)(1) Prior to making any promotions under this section, the colonel shall publish and distribute in the orders of the department for each title in the department a list of the members who are eligible for promotion to each such title. Each eligible list for promotion shall be used by the colonel to fill vacancies for a period of not less than 2 years and in no circumstances more than 5 years from the initial date of publication; provided, however, that the colonel may shorten the period to less than 2 years if the colonel reasonably determines that termination of the eligible list is required to avoid a violation of law.

(2) The colonel shall promulgate regulations detailing how selections for promotion are to be made from the list of eligible members. The regulations may allow for the grouping of the eligibility list into bands, based on promotional scores.

Section 26A. (a) The colonel may promote uniformed members to the title of captain. To be eligible for promotion to the title of captain, a uniformed member shall: (i) successfully pass a promotional examination which may include a written test, an assessment process designed to evaluate a member's knowledge, skills and abilities related to the position or a combination of an examination and an assessment process; (ii) have not less than 2 cumulative years of service in the title of lieutenant or detective lieutenant before the final date for the filing of applications for the promotional examination; and (iii) have not less than 15 years of service as a uniformed member before the final date for the filing of applications for the promotional examination. The assessment process, if utilized, and the written test, if utilized, shall be developed in consultation with, and validated by, a certified organizational psychologist.

(b) The colonel may promulgate regulations providing additional promotional criteria for the title of captain, which may include demonstration of leadership attributes, employment history inside and outside of the department, disciplinary history, professional development and other criteria the colonel reasonably concludes are related to the performance of the job of captain.

The second paragraph of section 27 of said chapter 22C, as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- The colonel shall promulgate regulations establishing any requirements for promotion to the title of major, including, but not limited to, any required length of term of service for promotion to the title of major.

Section 28 of said chapter 22C is hereby repealed.

Chapter 23A of the General Laws is hereby amended by inserting after section 13U the following section:-

Section 13V. (a) There shall be a commission, within the international trade office, on Massachusetts-Ireland trade which shall evaluate the economic interests of, and review ways to strengthen the relationship between, the commonwealth and the Republic of Ireland. The commission shall study, research, analyze and make recommendations related to: (i) bilateral trade and investments between the commonwealth and the Republic of Ireland; (ii) policy issues of interest to the commonwealth; (iii) business and academic exchanges between the commonwealth and the Republic of Ireland; (iv) mutual economic support; (v) investments in the infrastructure of the commonwealth and the Republic of Ireland; (vi) the creation of economic and educational opportunities for aid to communities in the commonwealth and the Republic of Ireland; and (vii) other related issues as the commission deems necessary.

(b)(1) The commission shall consist of the following 15 members: 3 past or current members of the house of representatives, 2 of whom shall be appointed by the speaker of the house of representatives and 1 of whom shall be appointed by the minority leader of the house of representatives; 3 past or current members of the senate, 2 of whom shall be appointed by the president of the senate and 1 of whom shall be appointed by the minority leader of the senate; the state secretary or a designee; the secretary of economic development or a designee; the executive director of the Massachusetts office of international trade and investment; and 6 members appointed by the governor, 3 of whom shall be from institutions of higher education in the commonwealth and 3 of whom shall be members of public organizations in the commonwealth promoting Irish American affairs. All commission members shall be persons with knowledge of, or current or past experience related to, Irish American affairs. Annually, the commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it deems necessary.

(2) The members of the commission shall receive no compensation for their services but shall be reimbursed for necessary traveling expenses incurred in the performance of their duties.

(c) The commission shall hold meetings at places it designates throughout the commonwealth, including diverse geographic locations.

(d) A majority of the members of the commission shall constitute a quorum for the transaction of business of the commission.

(e) Annually, not later than August 31, the commission shall submit a report of its findings, together with recommendations for any legislation, to the governor, the clerks of the house of representatives and the senate and the chairs of the joint committee on economic development and emerging technologies.

Section 2 of chapter 23J of the General Laws is hereby amended by striking out, in lines 49 to 52, inclusive, as appearing in the 2022 Official Edition, the words "1 of whom shall be the executive director of the Massachusetts Workforce Alliance, Inc.; 1 of whom shall be the commissioner of energy resources or their designee; and 8 of whom shall be appointed by the governor" and inserting in place thereof the following words:- 1 of whom shall be the commissioner of energy resources or a designee; and 9 of whom shall be appointed by the governor, 1 of whom shall have knowledge and experience in workforce development policy and programming for the clean energy industry.

Section 2 of chapter 23K of the General Laws, as so appearing, is hereby amended by inserting, after the definition of "gaming establishment", the following 2 definitions:-

"Gaming establishment contract vendor", as defined in section 1 of chapter 138.

"Gaming establishment self-owned vendor", as defined in section 1 of chapter 138.

Said section 2 of said chapter 23K, as so appearing, is hereby further amended by inserting after the definition of "slot machine", the following 2 definitions:-

"Special gaming establishment contract vendor alcoholic beverage license", as defined in section 1 of chapter 138.

"Special gaming establishment self-owned vendor alcoholic beverage license", as defined in section 1 of chapter 138.

Section 26 of said chapter 23K, as so appearing, is hereby amended by inserting after the word "establishment", in line 5, the following words:- ; provided, however, that a special gaming establishment contract vendor alcoholic beverage license and a special gaming establishment self-owned vendor alcoholic beverage license may be granted by the alcoholic beverages control commission pursuant to section 79 of chapter 138.

Section 35 of said chapter 23K, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b)(1) If the bureau finds that a person is not in compliance with any order issued under this section, it shall assess a civil administrative penalty. The penalty may be assessed whether or not the violation was willful. In determining the amount of the civil penalty, the bureau shall consider: (i) the nature of the violation; (ii) the length of time the violation occurred; (iii) the risk to the public and to the integrity of gaming operations created by the conduct of the person; (iv) the seriousness of the conduct of the person; (v) any justification or excuse for such conduct by the person; (vi) the prior history of the particular person involved with respect to gaming activity; (vii) any corrective action taken by the person to prevent future misconduct; and (viii) any other relevant factors.

(2) Notwithstanding paragraph (1), any civil administrative penalty to be assessed for a violation of sections 34, 34C or 69 of chapter 138 or any regulation of the alcoholic beverages control commission related to possession of an alcoholic beverage by a person under 21 years of age, against a gaming establishment self-owned vendor or gaming establishment contract vendor shall be determined by the alcoholic beverages control commission pursuant to subsection (c) of section 64 of chapter 138 and section 23 of chapter 138.

Section 2O of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after the word "note", in line 79, the following words:- and the income surtax revenue as defined in paragraph (a) of section 2BBBBBB of chapter 29 shall not be reduced below the dedicated transportation income surtax revenue amount as defined in said paragraph (a) of said section 2BBBBBB of said chapter 29.

Said chapter 29 is hereby further amended by striking out section 2PPP, as so appearing, and inserting in place thereof the following section:-

Section 2PPP. There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Essential Community Provider Trust Fund. There shall be credited to the fund: (i) any funds that may be appropriated or transferred for deposit into the fund; and (ii) any income derived from investment of any money credited to the fund. In conjunction with the preparation of the statutory basis financial report required by section 12 of chapter 7A, the comptroller shall prepare and issue an annual report detailing the revenues and expenditures of the fund. Amounts credited to the fund shall not be subject to further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years. To accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary of health and human services to be transferred, credited or deposited under this section. The secretary shall administer the fund and disburse money from the fund to pay acute hospitals and community health centers to maintain financial stability for the provision of healthcare services to ensure access to care, provide for public health and promote equity.

Said chapter 29 is hereby amended by striking out section 2AAAA, as so appearing, and inserting in place thereof the following section:-

Section 2AAAA. There shall be a State Athletic Commission Fund, which shall be a separate, nonbudgeted special revenue fund to be administered by the division of occupational licensure. The fund shall be credited with: (i) appropriations, bond proceeds or other money authorized or transferred by the general court and specifically designated to be credited to the fund; and (ii) any monies from licensing fees or other fees and fines collected under sections 32 to 35, inclusive, 40, 40A and 42 of chapter 147 and section 12 of chapter 265. Amounts credited to the fund shall be available for expenditure without further appropriation up to $500,000 each fiscal year for the costs of operating and administering the state athletic commission; provided, however, that if the amount remaining in the fund exceeds $500,000 at the end of a fiscal year, such excess amount shall revert to the General Fund and be made available for appropriation. For the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expense and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.

Section 2TTTTT of said chapter 29, inserted by section 22 of chapter 126 of the acts of 2022, is hereby amended by striking out subsections (c) and (d) and inserting in place thereof the following 2 subsections:-

(c)(1) The secretary shall expend money in the fund, including all amounts credited to the fund, for payments to qualifying acute hospital providers under contract with the executive office of health and human services or under subcontracts with care organizations that contract with the executive office in connection with the MassHealth program as provided in this subsection.

(2) The secretary shall annually expend amounts from the fund averaging, for the 3-year period from October 1, 2024 to September 30, 2027, inclusive, not less than $2,158,500,000 per year; provided, however, that all such payments shall fall into 1 of the following categories: (i) health equity incentive payments; (ii) clinical quality incentive payments; (iii) other incentive payments; (iv) rate payments for services provided to MassHealth members; (v) targeted payments to: (A) freestanding pediatric acute hospitals; (B) nonprofit teaching acute hospitals that provide medical, surgical, emergency and obstetrical services and are affiliated with a state-owned medical school; (C) freestanding cancer hospitals; (D) the acute hospital that had the lowest statewide commercial relative price in fiscal year 2019 as reported by the center for health information and analysis; or (E) the independent group 1 safety net hospital that had the largest percentile of operating loss in fiscal year 2022 as reported by the center for health information and analysis. The secretary may determine funding allocations within each such category within a given year; provided, however, that such allocations shall be consistent with all approved federal waivers and state plan provisions; and provided further, that the secretary shall allocate an average of not less than $1,192,000,000 per year, for the 3-year period from October 1, 2024 to September 30, 2027, for the rate payments described in clause (iv), with an average of not less than $92,000,000 allocated for group 1 safety net hospitals for such 3-year period, an average of not less than $460,000,000 allocated for group 2 safety net hospitals for such 3-year period and an average of not less than $640,000,000 allocated across all acute hospitals for such 3-year period.

(3) Of the targeted payments described in clause (v) of the first sentence of paragraph (2), the secretary shall expend annually from the fund: (i) $70,000,000 to freestanding pediatric acute hospitals, of which at least 98 per cent shall be paid to the freestanding pediatric hospital that had the largest volume of inpatient discharges in fiscal year 2019; (ii) $35,000,000 to nonprofit teaching acute hospitals that provide medical, surgical, emergency and obstetrical services and are affiliated with a state-owned medical school; (iii) $11,000,000 to the acute hospital that had the lowest statewide commercial relative price in fiscal year 2019 as reported by the center for health information and analysis; (iv) $5,000,000 to freestanding cancer hospitals; and (v) $10,000,000 to the independent group 1 safety net hospital that had the largest operating percentile loss in fiscal year 2022 as reported by the center for health information and analysis.

(4) Of the incentive payments described in clauses (i) and (ii) of paragraph (2), the secretary shall make interim payments to qualifying hospitals based on the secretary's estimate of each such hospital's final payment for the measurement period. As soon as practicable after the close of the measurement period, the secretary shall determine the final amount of each qualifying hospital's incentive payments and shall reconcile each hospital's interim payment with its final payment.

(d) If any portion of the final annual amount allocated by the secretary to health equity incentive payments, clinical quality incentive payments or other incentive payments is unearned during the relevant measurement period for such payment, as determined by the secretary, the secretary shall transfer the state's share of that unearned amount to the Health Safety Net Trust Fund established in section 66 of chapter 118E.

Section 2BBBBBB of said chapter 29, inserted by section 17 of chapter 28 of the acts of 2023, is hereby amended by striking out subsection (a) and inserting in place thereof the following 2 subsections:-

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

"Dedicated transportation income surtax revenue amount", the amount of $250,000,000 for each fiscal year.

"Income surtax", the tax specified in subsection (d) of section 4 of chapter 62.

"Income surtax revenue", tax revenue from the tax specified in subsection (d) of section 4 of chapter 62, as adjusted, pursuant to Article XLIV of the Amendments to the Constitution of the Commonwealth.

"Remaining income surtax revenue", in each fiscal year, the income surtax revenue less the dedicated transportation income surtax revenue amount; and in each calendar quarter, the portion of the income surtax revenue collected in such calendar quarter less the portion attributable to the dedicated transportation income surtax revenue amount.

"Transportation income surtax revenue", income tax revenue from the tax specified in subsection (d) of section 4 of chapter 62 and used for transportation purposes.

(a 1/2) The dedicated transportation income surtax revenue amount shall be credited to the Commonwealth Transportation Fund established under section 2ZZZ. The sums to be credited to the Commonwealth Transportation Fund under this subsection are hereby impressed with a trust for the benefit of the holders from time to time of any special obligation bonds or notes payable solely from monies credited to the Commonwealth Transportation Fund as provided in section 2O. Any increase in capacity to issue special obligation bonds or notes payable under said section 2O shall be for approved transportation projects in geographically equitable locations; provided, however, that annually, not later than October 31, the secretary for administration and finance shall submit a report to the joint committee on transportation detailing approved transportation projects funded during the prior fiscal year.

Subsection (b) of said section 2BBBBBB of said chapter 29, as so inserted, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:- (i) income surtax revenue, not including the dedicated transportation income surtax revenue amount.

Subsection (d) of said section 2BBBBBB of said chapter 29, as so inserted, is hereby amended by striking out the words "collected and deposited into the Education and Transportation Fund".

Subsection (e) of said section 2BBBBBB of said chapter 29 of the General Laws, as so inserted, is hereby amended by striking out the words "collected and deposited into the Education and Transportation Fund".

Said section 2BBBBBB of said chapter 29, as so inserted, is hereby further amended by striking out subsections (f), (g) and (h) and inserting in place thereof the following 2 subsections:-

(f) Annual expenditures from the fund shall not exceed a spending threshold proposed, less the dedicated transportation income surtax revenue amount, 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, less the dedicated transportation income surtax revenue amount, that may reliably be expected to occur in the following fiscal year based on experience to date and the testimony provided at the joint hearing on the economy under said section 5B.

(g) Annually, in consultation with the secretary for 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.

Said section 2BBBBBB of said chapter 29 is hereby further amended by striking out subsection (f), as appearing in section 56, and inserting in place thereof the following subsection:-

(f) The annual spending threshold shall be equal to the prior year spending threshold, less the dedicated transportation income surtax revenue amount, plus an adjustment factor equal to the 10-year rolling rate of growth of income subject to the tax specified in subsection (d) of section 4 of chapter 62 as certified by the commissioner of revenue. For years in which the tax specified in said subsection (d) of said section 4 of said chapter 62 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 said subsection (d) of said section 4 of said chapter 62.

Said chapter 29 is hereby further amended by inserting after section 2DDDDDD, added by section 17 of chapter 28 of the acts of 2023, the following 5 sections:-

Section 2EEEEEE. (a) There shall be a Massachusetts Child Psychiatry Access Project Fund which shall be a separate, nonbudgeted special revenue fund to be administered by the secretary of health and human services. There shall be credited to the fund: (i) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E; (ii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iv) interest earned on any money in the fund. Amounts credited to the fund shall be expended without further appropriation.

(b) The secretary shall annually make available amounts from the fund solely for the expenses of the Massachusetts Child Psychiatry Access Project operated by the department of mental health, in an amount equal to the amount described in the definition of "Massachusetts Child Psychiatry Access Project revenue amount" under section 64 of chapter 118E.

(c) To accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary to be transferred, credited or deposited under this section. The secretary shall, to the maximum extent possible, administer the fund to obtain federal financial participation for the expenditures of non-federal money from the fund.

(d) If the amount in the fund exceeds the amount sufficient to make the payments described in subsection (b), at any point in time, as determined by the secretary, the secretary may transfer the commonwealth's share of such amount to the General Fund, the Health Safety Net Trust Fund established in said section 66 of said chapter 118E or the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29; provided, however, that no such transfer shall cause a deficit in this fund.

Section 2FFFFFF. (a) There shall be a Managed Care Organization Services Reinvestment Fund which shall be a separate, nonbudgeted revenue fund to be administered by the secretary of health and human services. There shall be credited to the fund: (i) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E; (ii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iv) interest earned on any money in the fund. Amounts credited to the fund shall be expended, without further appropriation, to make payments to Medicaid managed care organizations, as defined in section 64 of chapter 118E.

(b) Money in the fund shall be expended for Medicaid payments under an approved state plan or federal waiver or for the administration of the assessment established in section 68 of chapter 118E; provided, however, that all Medicaid payments from the fund shall be: (i) subject to the availability of federal financial participation; (ii) made only under federally-approved payment methods; (iii) consistent with federal funding requirements and all applicable federal payment limits as determined by the secretary; and (iv) subject to the terms and conditions of applicable agreements between Medicaid managed care organizations and the executive office of health and human services. To accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary to be transferred, credited or deposited under this section. The secretary shall, to the maximum extent possible, administer the fund to obtain federal financial participation for the expenditures of non-federal money from the fund. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.

(c)(1) The secretary shall expend money in the fund, including all amounts credited to the fund, as provided in paragraphs (2) and (3).

(2) The secretary shall annually expend amounts from the fund for payments to Medicaid managed care organizations, as such term is defined in section 64 of chapter 118E, averaging, over a period of 5 years, not less than $246,000,000 per year; provided, however, that such expenditures shall be consistent with all approved federal waivers and state plan provisions.

(3) Notwithstanding the requirements of this section, the secretary shall transfer from the fund to the General Fund $57,000,000 in fiscal year 2025 and $114,000,000 annually thereafter.

(d) If the amount in the fund exceeds the amount sufficient to make the payments described in subsection (c), at any point in time, as determined by the secretary, the secretary may transfer the commonwealth's share of such amount to the General Fund, the Health Safety Net Trust Fund established in said section 66 of said chapter 118E or the Massachusetts Child Psychiatry Access Project Fund established in section 2EEEEEE of chapter 29; provided, however, that no such transfer shall cause a deficit in this fund.

Section 2GGGGGG. (a) There shall be a Reentry Demonstration Project Reinvestment Trust Fund which shall be a separate, nonbudgeted revenue fund to be administered by the secretary of health and human services. There shall be credited to the fund: (i) an amount equal to any federal financial participation revenues claimed and received by the commonwealth attributed to the delivery of MassHealth services to individuals in certain public institutions including, but not limited to, state prisons, county jails, houses of correction and the department of youth services' facilities, pursuant to an approved demonstration project under section 1115 of the Social Security Act; (ii) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; and (iii) any interest earned on the amounts in the fund.

(b) Money in the fund shall be expended in accordance with an approved demonstration project under section 1115 of the Social Security Act to provide MassHealth services to individuals in certain public institutions including, but not limited to, state prisons, county jails, houses of correction and the department of youth services facilities. The secretary shall, to the maximum extent possible, administer the funds to obtain federal financial participation for the expenditures of nonfederal money from the fund. Amounts credited to the fund shall be expended without further appropriation. Money in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure during the following fiscal year.

(c) The secretary may incur expenses and the comptroller may certify payment amounts in anticipation of expected receipts; provided, however, that no expenditure made from the fund shall cause the fund to be deficient at the close of a fiscal year. To accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary to be transferred, credited or deposited under this section.

Section 2HHHHHH. (a) There is hereby established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Disaster Relief and Resiliency Fund. There shall be credited to the fund: (i) money appropriated or transferred to the fund; (ii) funds from public or private sources specifically designated for the purposes of this section, including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth; (iii) repayment or reimbursement of money advanced from the fund as determined by the secretary of administration and finance; and (iv) all income derived from investment of amounts credited to the fund. Amounts credited to the fund shall be expended without further appropriation. The unexpended balance in the fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to be in deficit at any point.

(b)(1) The fund shall be administered by the secretary of administration and finance, in consultation with the Massachusetts emergency management agency and, when practicable, the climate chief, who may expend money from the fund to provide emergency disaster relief and alleviate the damage, loss, hardship or suffering caused by a natural or other catastrophic event, including, but not limited to, a hurricane, tornado, storm, extreme rain, flood, tidal wave, earthquake, volcanic eruption, landslide, mudslide, snowstorm, extreme wind, extreme heat or cold temperature, explosion, catastrophic agricultural loss, fire or drought, which may include a circumstance in which a federal disaster declaration has not been made, or to supplement or advance funding related to a federal or state disaster declaration.

(2) The secretary, in consultation with the Massachusetts emergency management agency and the climate chief, shall ensure that funds shall be allocated in a manner that enhances the resilience of infrastructure, including, but not limited to, nature-based solutions and strengthening protections from the impacts of future disasters.

(3) The executive office for administration and finance, in consultation with the Massachusetts emergency management agency and, when practicable, the climate chief, shall develop program regulations and guidance for the implementation of the program which shall include, but shall not be limited to, an application process, including, but not be limited to, grant applications and eligibility criteria for the distribution of money from the fund. Program regulations and guidance shall: (i) maximize existing federal and commonwealth disaster relief and recovery programs and requirements; and (ii) prioritize and incentivize utilization of available federal disaster relief and recovery programs, insurance, loss prevention and mitigation and valid legal claims for compensation.

(c)(1) Municipalities and other units and instrumentalities of state, local and regional government, non-profit organizations, businesses and individual residents of the commonwealth shall be eligible to receive funds consistent with regulations or guidance pursuant to paragraph (3) of subsection (b).

(2) Payments may be distributed as reimbursements, loans, grants, matching funds, formula funds, cost share payments, debt forgiveness or as otherwise determined in regulations or guidance pursuant to paragraph (3) of subsection (b).

(d) Annually, not later than December 31, the secretary shall file a report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the chairs of the joint committee on emergency preparedness and management, including: (i) all expenditures from the fund; (ii) the amount of each expenditure; (iii) recipients; (iv) the reason for each expenditure; (v) income received by the fund during that calendar year; (vi) programs developed or supported by the fund, including eligibility criteria for qualifying events and applicants for relief; and (vii) the application approval and submission process.

Section 2IIIIII. (a) For the purposes of this section, the term "disadvantaged community" shall mean a municipality in the commonwealth bearing disproportionate economic, health or environmental burdens as determined by the director of the division of environmental protection within the office of the attorney general, established pursuant to section 11D of chapter 12, including, but not limited to, poverty, high unemployment, air and water pollution, disproportionate heat exposure, lack of access to green space, presence of hazardous and solid waste and material and high incidence of cardiovascular and respiratory disease and high rates of mortality.

(b) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund, known as the Environmental Justice Fund, which shall be administered by the director of the division of environmental protection within the office of the attorney general.

(c) Expenditures may be made from the fund, without further appropriation: (i) for the restoration of any natural resource or the investigation, remediation or mitigation of any environmental pollution or harm on or at any real property located in a disadvantaged community; (ii) for any project to benefit the community health or well-being, whether to address economic, environmental or other health needs of a disadvantaged community; or (iii) to contribute to an academic or government-funded research project related to environmental protection or conservation of natural resources in a disadvantaged community.

(d) The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public or private sources, including, but not limited to gifts, grants and donations; (iii) payments from settlements, judgments, fines or penalties not designated by law for other specific statutory purposes in any action brought by the attorney general pursuant to section 11D of chapter 12 or any provision of any environmental statute that the attorney general may enforce providing for a civil penalty for a violation of such provision; and (iv) any interest earned on such funds. Funds that remain unexpended at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to be in deficit at any point.

Section 19 of chapter 29C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 42 to 44, inclusive, the words ", subject to a memorandum of understanding with the department of environmental protection,".

Said section 19 of said chapter 29C, as so appearing, is hereby further amended by striking out, in lines 46 to 48, inclusive, the words "department for the department to contract with a regional planning agency, institution of higher education or non-profit corporation" and inserting in place thereof the following words:- Cape Cod Commission for the purposes of contracting with an entity or entities.

The fifth paragraph of section 20 of said chapter 29C, as so appearing, is hereby amended by striking out the first sentence.

Said section 20 of said chapter 29C, as so appearing, is hereby further amended by striking out, in line 47, the words "a copy of the annual audit report and".

Said section 20 of said chapter 29C, as so appearing, is hereby further amended by striking out, in line 49, the words "environment, natural resources and agriculture" and inserting in place thereof the following words:- environment and natural resources.

Section 39M of chapter 30 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 63, the word "and".

Said section 39M of said chapter 30, as so appearing, is hereby further amended by inserting after the figure "$150,000", in line 67, the following words:- and, at the option of the commissioner of capital asset management and maintenance, every maintenance service contract as defined in subsection 1 of section 44A of chapter 149 by the division of capital asset management and maintenance.

The fourth paragraph of subsection (a) of said section 39M of said chapter 30, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The division of capital asset management and maintenance shall evaluate the performance of the contractor of a maintenance service contract, as defined in said subsection 1 of said section 44A of said chapter 149, procured pursuant to this section at the end of each maintenance service contract and keep said maintenance service contract performance evaluations on file.

Section 58 of said chapter 30, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-

If an employee of the commonwealth has received payments pursuant to chapter 175M and subsequently receives workers' compensation payments pursuant to chapter 152 for the same period, the state employer agency shall, on behalf of the state employee, return to the department of family and medical leave the portion of the workers' compensation payment that represents an overpayment of benefits pursuant to section 3 of said chapter 175M.

Section 8 of chapter 32 of the General Laws, as so appearing, is amended hereby by inserting after the word "job", in line 25, the following words:- or similar position.

Paragraph (a) of subdivision (1) of said section 8 of said chapter 32, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

During the regular periodic evaluation required pursuant to this section, a member may request that, in addition to being evaluated for a return to their former position, the member be evaluated for a specific identified position in a retirement system other than the position from which they retired, including a position with a different employer or a position that would entitle the member to membership in a different retirement system. The evaluation shall be conducted in the same manner as all other examinations provided for in this section. If the member is found able to perform the essential duties of the identified position, the member shall be permitted to return to active service in said position and the member's pension provided for in section 6 or 7 shall cease upon the member's return to service.

Paragraph (b) of subdivision (2) of said section 8 of said chapter 32, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- If the member returns to service to a different retirement system than that from which the member retired, the member's original retirement system shall provide creditable service for any period of disability prior to reinstatement to service in the new system; provided, however, that if the member is subsequently retired for a disability as a result of the injury for which the member was previously retired, the original retirement system shall be assessed a portion of the disability pension pursuant to subdivision (5) of section 7.

Section 5 of chapter 32A of the General Laws, as so appearing, is hereby amended by striking out, in lines 1, 2, 25 and 26, each time they appear, the words "five thousand dollars", and inserting in place thereof, in each instance, the following figure:- $10,000.

Section 6 of said chapter 32A, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 2, 3 and 4, 5 and 6, each time they appear, the words "five thousand dollars" and inserting in place thereof, in each instance, the following figure:- $10,000.

Section 10 of said chapter 32A, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 4 and 5, each time they appear, the words "five thousand dollars", and inserting in place thereof, in each instance, the following figure:- $10,000.

Chapter 32A of the General Laws is hereby amended by inserting after section 17S the following section:-

Section 17T. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Directly or indirectly cause impairment of fertility", to cause circumstances where a disease or the necessary treatment for a disease has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology or other reputable professional organizations.

"Standard fertility preservation services", procedures or treatments to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist or other physician; provided, however, that the recommendation shall be made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology or other reputable professional organizations.

(b) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for standard fertility preservation services, including, but not limited to, coverage for procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue, when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause impairment of fertility by affecting reproductive organs or processes. Coverage shall be provided to the same extent that coverage is provided for other pregnancy-related procedures.

Section 41 of chapter 36 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 9 and 12, the figure "2025" and inserting in place thereof, in each instance, the following figure:- 2030.

Section 3 of chapter 40A of the General Laws, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

Family child care home and large family child care home as defined in section 1A of chapter 15D shall be an allowable use and no city or town shall prohibit or regulate such use in its zoning ordinances or by-laws.

Section 13 of chapter 46 of the General Laws, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e)(1) A person who is 18 years of age or older, an emancipated minor or the parent or guardian of a person who is a minor may request a change in the sex designation on the person's birth record to a sex designation including, but not limited to, "female", "male" or "X". An "X" designation may indicate that the person is another gender or an undesignated gender. A request for a change in the sex designation on a birth record shall be accompanied by an affidavit executed under the penalty of perjury by the person to whom the record relates or by the parent or guardian of the person if the person is a minor attesting that the request is to conform the person's birth record to the person's gender identity and is not made for any fraudulent purpose. No medical or healthcare related documentation, court order or proof of change of name shall be required by a town clerk or other official in connection with a request under this paragraph.

(2) A person who requests a change in the sex designation on the person's birth record pursuant to paragraph (1) may request a change of name on the person's birth record. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name. No medical or healthcare related documentation shall be required by a town clerk or other official in connection with a request under this paragraph.

(3) A person who has changed the sex designation on the person's birth record pursuant to paragraph (1) but did not request a change of name on the person's birth record pursuant to paragraph (2) may request a change of name on the person's birth record within 3 years from the date of the change in the sex designation on the person's birth record pursuant to said paragraph (1); provided, however, that a person whose sex designation on their birth record was changed while the person was a minor shall have 3 years from the date of their eighteenth birthday to request a change of name on the person's birth record; provided further, that the department may waive the 3-year limitation for a person that demonstrates good cause, as determined by the department. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name. No medical or healthcare related documentation shall be required by a town clerk or other official in connection with a request under this paragraph.

(4) The department of public health may promulgate regulations to implement this subsection.

Said section 13 of said chapter 46, as so appearing, is hereby further amended by striking out, in line 200, the words "the name of the father" and inserting in place thereof the following words:- a named parent, or whose record has been amended pursuant to subsection (e).

Said section 13 of said chapter 46, as so appearing, is hereby further amended by adding the following subsection:-

(l) Upon application of both parties to a marriage, the record of marriage shall be amended to remove the sex of either or both parties to the marriage and change either or both parties' names upon receipt of the following by the state registrar or town clerk: (i) an affidavit executed by the parties to the marriage on a form provided by the registrar attesting to their concurrence that the record be amended to reflect or remove the gender identity or sex of the any such party; and (ii) a request by a party for a change of name along with evidence of the party's legal change of name.

Section 1 of chapter 60 of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Collector" the following 2 definitions:-

"Excess equity", any remaining surplus amount above the taxes, interest, fees and charges of keeping, as reflected in the tax title account balance as of the date of the foreclosure judgment, and the fees, expenses, charges and costs actually and reasonably incurred in selling or appraising the property in accordance with section 64A following a final judgment of foreclosure; provided, however, that where the property is sold in accordance with said section 64A, the excess equity shall be determined by deducting from the gross sale proceeds: (i) the tax title balance as of the date of the foreclosure judgment; (ii) any unpaid property tax, assessments for unpaid water and sewer charges, property insurance and homeowners' association or condominium fees accruing from the date of foreclosure; and (iii) any documented, post-judgment costs incurred by the judgment holder from the sale of the property including, but not limited to, broker or real estate agent fees or commissions, listing fees, marketing and advertising costs, legal fees, litigation fees and costs, closing costs, transfer fees, auctioneer fees, notice to property owner, appraisal fees, publication costs, property management, emergency demolition, environmental fees and other fees, charges or costs directly or indirectly related to the maintenance, marketing and sale of the property; provided further, that where the property is retained by the judgment holder in accordance with said section 64A, the excess equity shall be determined by deducting the tax title account balance as of the date of the foreclosure judgment and any documented post-judgment costs of appraisal incurred by the judgment holder from the appraised highest and best use value of the property as of the date of the final judgment of foreclosure.

"Language understandable by a least sophisticated consumer", language that complies with the standard for evaluating truth and deception under the Fair Debt Collection Practices Act, 15 U.S.C. section 1692 et seq., as summarized in Jeter v. Credit Bureau, Inc., 760 F.2d 1168 (11th Cir. 1985).

Subsection (c) of section 2C of said chapter 60, as so appearing, is hereby amended by striking out paragraph (9) and inserting in place thereof the following paragraph:-

(9) A purchaser owning any tax receivable shall give notice to a taxpayer, and to the appropriate municipality, within 12 business days of purchasing that tax receivable. The notice shall include the name, address, telephone number and preferred method of communication with the purchaser and any service agent acting on behalf of the purchaser. If the purchaser or the service agent of such tax receivables shall change, the new purchaser or service agent shall provide the notice required herein within 12 business days of the effective date of such change. Where the land is Class one, residential property, as defined in section 2A of chapter 59, such notice shall: (i) be mailed and addressed to the taxpayer at their last known residence and usual place of abode or place of business; (ii) be posted upon the Class one, residential property; (iii) be posted in a convenient and public place; and (iv) include a uniform notice prepared by the commissioner of revenue, in language understandable by a least sophisticated consumer, together with a notice in the 7 most commonly spoken languages in the commonwealth that the notice affects important legal rights and should be translated immediately. The notice shall state:

(i) that a complaint to foreclose the tax title may be filed on or after a specific date;

(ii) that the tax title has been sold to a purchaser of tax receivables;

(iii) why the property was taken and that the owner may redeem the property up until the property is foreclosed by a judgment issued on a proceeding before the land court;

(iv) the components of the amount as of the date of the notice, subject to accumulating taxes, fees and charges, required to redeem the property and the procedure for redemption;

(v) that if a complaint to foreclose the tax title is filed and the owner does not respond by filing an answer, the court may enter an order defaulting the owner;

(vi) that if a complaint to foreclose the tax title is filed, the owner may respond by filing an answer that requests that the court set the terms by which the owner may redeem the property;

(vii) that if the property is not redeemed, the purchaser is entitled to receive a judgment from the land court that transfers title to the property to the town or purchaser and permanently eliminates any title rights the owner has in the property; and

(viii) that following a foreclosure of the property, the former owner shall be entitled to any excess equity in the property, upon written request to the municipality or purchaser of tax receivables, pursuant to section 64A.

Said chapter 60 is hereby further amended by striking out section 16, as so appearing, and inserting in place thereof the following section:-

Section 16. The collector shall, before selling the land of a resident or non-resident or distraining the goods of any person, serve on the person a statement of the amount thereof with a demand for its payment. If 2 or more parcels of land are assessed in the name of a resident, or non-resident, the statement of the aggregate amount of the taxes thereon may be made in 1 demand. Such demand may also include taxes due on account of tangible personal property and any motor vehicle excise tax. If the heirs of a deceased person, co-partners or 2 or more persons are jointly assessed, service shall be required for only 1 of the persons. Such demand for the tax upon land may be made upon the person occupying the same on January first of the year in which the tax is assessed. No demand shall be required to be made on a mortgagee, unless the mortgagee has given notice under section 38, in which case no demand shall be required to be made on the owner or occupant. Demand shall be made by the collector by mailing the same to the taxpayer at taxpayer's last known residence and usual place of abode or place of business or to the address best known by the collector; provided, however, that failure to receive the demand notice shall not invalidate a tax or any proceedings for the enforcement or collection of the same; provided further, that if the land is Class one, residential property, as defined in section 2A of chapter 59, the demand shall include a uniform notice prepared by the department of revenue, in language understandable by a least sophisticated consumer, together with a notice in the 7 most commonly spoken languages in the commonwealth that this notice affects important legal rights and should be translated immediately, and providing clear notice that the nonpayment of property taxes can result in the taking of the property and that the property owner may be eligible for exemptions, abatements and tax deferrals and other assistance and should contact the local assessor's office, together with the address, telephone number, email address, if available, and internet address for further information.

Section 25 of said chapter 60, as so appearing, is hereby amended by adding the following sentence:- The notice posted shall be prepared by the department of revenue, in language understandable by a least sophisticated consumer, together with a notice in the 7 most commonly spoken languages in the commonwealth that this notice affects important legal rights and should be translated immediately.

Section 52 of said chapter 60, as so appearing, is hereby amended by inserting after the third sentence the following 2 sentences:- Where the land is Class one, residential property, as defined in section 2A of chapter 59, such notice shall: (i) be mailed to the taxpayer at their last known residence and usual place of abode or place of business; (ii) be posted upon the Class one, residential property; (iii) be posted in a convenient and public place; and (iv) include a uniform notice prepared by the department of revenue, in language understandable by a least sophisticated consumer, together with a notice in the 7 most commonly spoken languages in the commonwealth, that this notice affects important legal rights and should be translated immediately. The notice shall state that the treasurer intends to sell the tax title to the owner's property, that the nonpayment of property taxes may result in the loss of the property and that the property owner may be eligible for exemptions, abatements and tax deferrals and other assistance and may contact the local assessor's office for further information, together with the telephone number, email address, if available and internet address for the local assessor.

Section 53 of said chapter 60, as so appearing, is hereby amended by striking out, in line 4, the words ", which notice", and inserting in place thereof the following words:- ; provided, however, that where the land is Class one, residential property, as defined in section 2A of chapter 59, such notice shall: (i) be mailed to the taxpayer at their last known residence and usual place of abode or place of business; (ii) be posted upon the Class one, residential property; and (iii) be published on the town or city website; provided further, that for any properties not Class one, residential the notice.

The first paragraph of said section 53 of said chapter 60, as so appearing, is hereby amended by adding the following sentence:- A notice provided pursuant to this section shall be prepared by the department of revenue, in language understandable by a least sophisticated consumer, together with a notice in the 7 most commonly spoken languages in the commonwealth, that the notice affects important legal rights and should be translated immediately.

Said section 53 of said chapter 60, as so appearing, is hereby further amended by adding the following paragraph:-

Where the land is Class one, residential property as defined in section 2A of chapter 59 all notices sent pursuant to this section shall include a uniform notice prepared by the department of revenue, together with a notice in the 7 most common languages in the commonwealth, that this notice affects important legal rights and should be translated immediately. Such notice shall state in language understandable by a least sophisticated consumer:

(i) what taxes or other municipal costs remain unpaid;

(ii) the taxpayer's right to redeem full ownership of the property and the components of the amount required to redeem the property;

(iii) that a complaint to foreclose the tax title may be filed on or after a specific date;

(iv) that the tax title may be sold to a purchaser of tax receivables;

(v) that if a complaint to foreclose the tax title is filed and the owner does not respond by filing an answer, the court may enter an order defaulting the owner;

(vi) that if a complaint to foreclose the tax title is filed, the owner may respond by filing an answer that requests that the court set the terms by which the owner may redeem the property;

(vii) that if the property is not redeemed, the town or purchaser is entitled to receive a judgment from the land court that transfers title of the property to the town or purchaser and permanently eliminates any title rights the owner has in the property; and

(viii) that following a foreclosure of the property, the former owner shall be entitled to any excess equity in the property, upon written request to the municipality or purchaser of tax receivables, pursuant to section 64A.

Section 62 of said chapter 60, as so appearing, is hereby amended by striking out, in line 8, the word "sixteen" and inserting in place thereof the following figure:- 8.

Section 62A of said chapter 60, as so appearing, is hereby amended by striking out, in line 4, the figure, "5" and inserting in place thereof the following figure:- 10.

Said section 62A of said chapter 60, as so appearing, is hereby further amended by striking out, in lines 5 and 6, the words "not more than 50 per cent of".

Said section 62A of said chapter 60, as so appearing, is hereby further amended by striking out in in line 12, the figure "25" and inserting in place thereof the following figure:- 10.

Said chapter 60 is hereby further amended by striking out section 64, as so appearing, and inserting in place thereof the following section:-

Section 64. The land court shall have exclusive jurisdiction of the foreclosure of all rights of redemption from titles conveyed by a tax collector's deed or a taking of land for taxes in a proceeding held pursuant to sections 65 to 75, inclusive. The title conveyed by a tax collector's deed or by a taking of land for taxes shall be absolute after foreclosure of the right of redemption by judgment of the land court as provided in this chapter; provided, however, that the entry by the land court of a judgment of foreclosure of the right of redemption shall not impair or limit the right of the owner of the land at the time of foreclosure, and of those holding an interest in the land at the time of foreclosure and their heirs, successors and assigns, to receive any excess equity and subject to the requirements of section 64A. Any sale or retention of property by a municipality or other foreclosing entity pursuant to this chapter shall be subject to the requirements of said section 64A.

Said chapter 60 is hereby further amended by inserting after section 64 the following section:-

Section 64A. (a) This section shall apply to the sale or retention of property by a municipality or a purchaser of tax receivables following a final judgment of the land court foreclosing the right of redemption under this chapter. Not more than 14 days after the of entry of judgment foreclosing the right of redemption becomes final, with either no appeal having been taken within the applicable time limit or any appeal taken having resulted in the entry of judgment pursuant to the rescript of the supreme judicial court or appeals court, the judgment holder shall elect to: (i) retain possession of the property; or (ii) sell the property. The judgment holder shall notify the former owners of the property and all others known to hold the right of redemption in the property at the time judgment is entered, by certified mail, to their last known address or place of business, of: (i) the judgment holder's election; and (ii) the rights and procedures for claiming excess equity set forth in this section.

(b)(1) A municipality or a purchaser of tax receivables that has elected to retain the property under subsection (a), shall use reasonable best efforts to have the property appraised not later than 120 days after the final judgment of the land court; provided, however, that the judgment holder and any parties entitled to claim excess equity under this section may agree to a later date for the appraisal. The appraisal shall be: (i) for the highest and best use of the property as of the date of the final judgment of foreclosure; and (ii) conducted by an independent appraiser licensed in the commonwealth in accordance with the usual and customary professional appraisal practices.

(2) The appraised value shall be used to establish the amount of excess equity, which. shall be paid to any parties who make a valid claim for excess equity as set forth in this section.

(c)(1) A municipality or a purchaser of tax receivables that has elected to sell the property under subsection (a) shall, not later than 180 days after the final judgment of the land court, list the property for sale with a real estate agent or broker licensed in the commonwealth; provided, however, that the judgment holder and any parties entitled to claim excess equity under this section may agree to a later date for sale; provided further, that the real estate agent or broker shall not hold elected or appointed office or be employed by the municipality in which the property is located.

(2) The judgment holder for a property listed for sale pursuant to paragraph (1) that does not sell within 12 months of the date of listing shall: (i) auction the property with an auctioneer licensed in the commonwealth; provided, however, that the auctioneer does not hold elected or appointed office or is not employed by the municipality in which the property is located; (ii) accept bids that are not less than 2/3 of the appraised value of the property consistent with the appraisal requirements of subsection (b); and (iii) not accept bids by individuals that hold elected or appointed office or are employed by the municipality in which the property is located.

(3) A property shall not be considered retained by a judgment holder that has elected under subsection (a) to sell the property and has complied with the requirements of paragraph (2) but has been without success in such sale. If a property has not been sold after the auction, the judgment holder shall notify any parties entitled to claim excess equity of their intention to continue the sale to another date and not to retain the property. Such notice shall be mailed, by certified mail, to any parties entitled to claim excess equity, or their successors in interest, to their last known address or place of business.

(d)(1) Upon a sale of a property or an appraisal of property where the judgment holder has elected to retain possession, the judgment holder shall prepare a written itemized accounting setting forth the disposition of the proceeds arising from the sale or a report of the appraisal including, but not limited to, the sale price, legal fees, marketing fees, auctioneer fees, advertising costs, appraisal fees and any excess equity due to any parties entitled to claim excess equity, or their successors in interest. The written itemized accounting shall be mailed, by certified mail, to any parties entitled to claim excess equity, or their successors in interest, to their last known address or place of business, not more than 30 days after the sale of the property or receipt of the appraisal of the property if such property is retained.

(2) Where the judgment holder knows the identity and mailing address of the former property owner and all others known to hold the right of redemption in the property, the judgment holder shall, in addition to the written itemized accounting, provide for the provision of a proportional share of the excess equity to which such individual is entitled.

(3) A judgment holder that does not know the identity and mailing address of the former property owner and all others known to hold the right of redemption in the property shall, in addition to the written itemized accounting, provide a notice that the former owners of the property and all others known to hold the right of redemption in the property at the time judgment of foreclosure entered in the land court, or their successors in interest, may claim excess equity from the sale or retention of the property and that such claims shall be submitted in writing to the judgment holder not more than 18 months after the date of the notice. The excess equity claim shall be delivered to the judgment holder by personal service, receipt of which is acknowledged by the judgment holder, or by certified mail, return receipt requested; provided, however, that a municipality shall allow a claimant to submit a claim at the local collector's office. The excess equity claim shall contain the claimant's name, telephone number, mailing address, the property address or parcel number and a description of their interest in the property and shall include any other persons or entities known to the claimant to have an interest in the property at the time of the final judgment of foreclosure, including any other former owners, mortgagees, lienholders, heirs or other individuals or entities who held a right to redeem or their successors in interests.

(e) Excess equity shall be held in escrow by the judgment holder in a segregated interest-bearing account, in which all excess equity funds from all foreclosures are deposited and separately accounted for on the books and records of the municipality. Excess equity that has not been claimed within 19 months of a sale or appraisal of a property shall be disposed of pursuant to chapter 200A.

(f) The superior court shall have jurisdiction to hear any disputes that arise between or among the judgment holder and any former owners, mortgagees, lienholders, heirs or other individuals or entities who, at the time of the final judgment of the land court, held an interest in the property and right to redeem, or their successors in interest, and who are claiming excess equity including, but not limited to, disputes regarding the valuation of the property, the sale process, the amount of excess equity, its distribution or any other aspect of this section. Any party may seek a determination of the dispute by filing a written complaint in the superior court not more than 12 months after the date of the notice of written itemized accounting following sale or appraisal of the property under subsection (d). Such complaint shall name all parties adversely interested who are known to the plaintiff and process shall issue and service be made consistent with the Massachusetts Rules of Civil Procedure. All matters pertaining to the litigation shall be heard by the superior court department and the parties shall be granted the right to a trial before a jury, unless all parties waive that right and file a written agreement requesting a trial without a jury.

Section 65 of said chapter 60, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 4, the word "six" and inserting in place the following figure:- 12.

Said chapter 60 is hereby further amended by striking out section 69A, as so appearing, and inserting in place thereof the following section:-

Section 69A. The land court may grant a motion to vacate a decree of foreclosure brought by any interested person other than the petitioner under section 65 within 1 year after the final entry of the decree if presented with extraordinary circumstances and if: (i) no innocent purchaser has acquired an interest in the property for value; or (ii) no claim for excess equity has been paid pursuant to section 64A, unless the court makes appropriate equitable orders to protect the rights of the purchaser of the property or the payor of the excess equity. If the foreclosure petition was filed for an unoccupied or abandoned building as set forth in sections 1 and 81A or if there has been a certification pursuant to section 81B that the redemption amount as determined pursuant to section 62 exceeds the assessed value of the parcel, no petition to vacate a decree of foreclosure entered under section 69 and no proceedings at law or in equity for reversing or modifying such a decree shall be commenced by any person other than the petitioner except within 90 calendar days after the final entry of the decree or within 1 year of the final entry of the decree, if the decree was entered prior to the effective date of this section. For any decree relating to a property for which record title stands in the name of a deceased person or person under guardianship or conservatorship, a petition may be maintained for reversal or modification of such decree up to 1 year from the date of decree.

No motion to vacate a decree of foreclosure and no proceeding at law or in equity for reversing or modifying such a decree shall be commenced by any person other than the petitioner under section 65 after 1 year, except upon a showing that the moving party's due process rights have been violated.

If a decree of foreclosure is vacated pursuant to this section, all rights and obligations set forth in section 64A shall be suspended and any proceedings instituted in the superior court regarding excess equity shall be dismissed.

Section 75 of said chapter 60, as so appearing, is hereby amended by adding the following sentence:- The notices shall be prepared by the department of revenue, in language understandable by a least sophisticated consumer, together with a notice in the 7 most commonly spoken languages in the commonwealth, that this notice affects important legal rights and should be translated immediately.

The second paragraph of section 77B of said chapter 60, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- The notice shall also include the affirmative statement that the custodian will, following a completed sale, provide to such owner a written notice containing an itemized accounting of the disposition of the proceeds arising from the sale, including the sale price, legal fees, auctioneer fees and advertising costs, other fees and any excess equity due to the owner within 30 days after the receipt of such funds.

Said section 77B of said chapter 60, as so appearing, is hereby further amended by inserting after the word "law", in line 36, the following words:- , so long as the accounting provisions of this section and section 64A are satisfied.

Said section 77B of said chapter 60, as so appearing, is hereby further amended by striking out the fourth paragraph.

Section 1 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the figure "2022" and inserting in place thereof the following figure:- 2024.

Paragraph (a) of Part B of section 3 of said chapter 62, as amended by section 7 of chapter 50 of the acts of 2023, is hereby amended by striking out subparagraph (6).

Section 6 of said chapter 62 is hereby amended by striking out subsection (i), as amended by sections 12 to 15, inclusive, of chapter 50 of the acts of 2023, and inserting in place thereof the following subsection:-

(i) Any owner of residential property located in the commonwealth who is not a dependent of another taxpayer and who occupies said property as their principal residence, shall be allowed a credit equal to 60 per cent of the expenditures for design and construction expenses for the repair, replacement or upgrade of a cesspool or septic system or connection to a sanitary sewer collection system, if such repair, replacement, upgrade or sewer connection is required pursuant to the provisions of Title 5 of the state environmental code, a watershed permit issued by the department of environmental protection or other requirements or conditions for implementation of the watershed permit imposed by the permittee or the department of environmental protection. Said expenditures shall be the actual cost to the taxpayer or $30,000, whichever is less; provided, however, that said credit shall be available to eligible taxpayers beginning in the tax year in which the repair, replacement, upgrade or sewer connection was completed; and provided further, that said credit shall not exceed $4,000 in any tax year and any excess credit may be applied over the following 5 subsequent tax years up to an aggregate maximum of $18,000. The department shall promulgate such rules and regulations as are necessary to administer the credit afforded by this subsection, including, but not limited to, a notification system by the commonwealth to recipients of said interest subsidy or grant of the amount of the total subsidy provided by the commonwealth.

Paragraph (2) of subsection (a) of section 6 of chapter 62C of the General Laws, as appearing in section 24 of chapter 50 of the acts of 2023, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A married couple shall file a joint return for any year in which they file a joint federal income tax return; provided, however, that this requirement shall not apply if at least 1 of the spouses would not otherwise be required to make a return under paragraph (1) because their Massachusetts gross income did not exceed $8,000.

Section 6 of chapter 64H of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting, in line 219, after the word "section" the following words:- and produced in an accessible format, including, but not limited to, braille, enlarged print, audio or electronic text, for use by individuals unable to read other print due to disability.

Section 1P of chapter 69 of the General Laws, as so appearing, is hereby amended by striking out, in lines 128 to 133, inclusive, the words "1 of whom shall be a former member of the behavioral health and public schools task force who participated in the development and statewide evaluation of the self-assessment tool; 1 of whom shall be a former member of the behavioral health and public schools task force with experience implementing the framework" and inserting in place thereof the following words:- 1 of whom shall have experience implementing the self-assessment tool; 1 of whom shall have experience implementing the framework.

Chapter 71 of the General Laws is hereby amended by inserting after section 98 the following section:-

Section 98A. The department shall make available to school districts, charter schools, approved private day or residential schools and collaborative schools resources relative to antisemitism and societal bias, which shall include, but not be limited to: (i) model and evidence-based curricula; (ii) guidance to assist in the selection of materials and a curriculum; and (iii) professional development and trainings on antisemitism, ethnic, racial and religious hate and discrimination.

Chapter 90 of the General Laws is hereby amended by inserting after section 8M the following section:-

Section 8N. The registry of motor vehicles shall permit a person submitting an application under sections 8, 8B or 8E of this chapter or section 34B of chapter 138 to designate "X", "M" or "F" for gender on an application for a driver's license, learner's permit, identification card or liquor purchase identification card. No documentation shall be required for such a designation.

The registrar of motor vehicles shall report annually to the chairs of the joint committee on transportation on the number of people, indicated by race and ethnicity, who choose an "X" designation on their driver's license, learner's permit, identification card or liquor purchase identification card; provided, however, that data included in the report shall be de-identified so that the identification of an individual person cannot be ascertained.

The registrar of motor vehicles may promulgate regulations to implement this section.

The definition of "Administer" in section 1 of chapter 94C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out clause (c) and inserting in place thereof the following clause:-

(c) a registered pharmacist acting in accordance with: (i) regulations promulgated by the department, in consultation with the board of registration in pharmacy and the department of mental health, governing pharmacist administration of medications for treatment of mental health and substance use disorder and at the direction of a prescribing practitioner in the course of the practitioner's professional practice; (ii) a prescription for testosterone for gender-affirming care in the course of the practitioner's professional practice; or (iii) a prescription for the treatment and prevention of sexually transmitted infections, including those defined in regulation by the department pursuant to section 121B of chapter 111 or for the prevention of HIV; or.

Said chapter 94C is hereby further amended by inserting after section 18C the following section:-

Section 18D. (a) For the purpose of this section, the term "opioid antagonist" shall mean, unless the context clearly requires otherwise, any drug approved by the United States Food and Drug Administration for the treatment of persons experiencing an opioid overdose.

(b) A pharmacist dispensing an opioid contained in Schedule II of section 3 shall inform the patient on the potential adverse risks of the prescription opioid and shall offer to dispense an opioid antagonist to the patient, and where applicable, to a designee of the patient, or for a patient who is a minor, to the minor's parent or guardian.

Section 23 of said chapter 94C, as appearing in the 2022 Official Edition, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) Unless otherwise prohibited by statute, prescriptions for the following controlled substances in Schedule II or III may be filled for a maximum of a 90-day supply of such substance upon a single filling for: (i) the treatment of opioid use disorder, including, but not limited to, buprenorphine; (ii) non-opioid controlled substances, including, but not limited to, methylphenidate and testosterone; and (iii) implantable infusion pumps. All other prescriptions for controlled substances in Schedule II or III may be filled for a maximum of a 30-day supply of such substance upon a single filling. Notwithstanding this subsection, the department may provide by regulation that a prescription for a substance in Schedule II or III may be filled for a maximum of less than a 90-day supply upon a single filling if the secretary of health and human services or the board of pharmacy determines that such restriction is needed to address increased abuse of the substance.

Chapter 111 of the General Laws is hereby amended by striking out section 24N, as so appearing, and inserting in place thereof the following section:-

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

"Children", individuals less than 19 years of age.

"Estimated vaccine cost", the estimated cost over the course of a fiscal year for the purchase, storage and distribution of vaccines for all children in the commonwealth.

"Routine childhood immunizations", immunizations for children until their nineteenth birthday including: (i) the immunizations recommended by the Vaccines for Children Program and (ii) any immunizations recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

"Total nonfederal program cost", the estimated annual cost of vaccines needed for routine childhood immunizations for children in the commonwealth less the amount of federal revenue available to the commonwealth for purchase, storage, distribution and administration of the vaccines.

(b) There shall be a Vaccine Purchase Fund to support a universal purchase system for routine childhood immunizations in the commonwealth. The fund shall be a separate, nonbudgeted special fund to be administered by the commissioner of public health or a designee. The fund shall be credited with: (i) monies transferred from the executive office of health and human services pursuant to section 66 of chapter 118E; (ii) any voluntary contributions to the fund including, but not limited to, contributions from third-party payers or third-party administrators, as defined in section 1 of chapter 12C; and (iii) any interest earnings on such monies. Amounts credited to the fund shall be expended, without further appropriation, to cover the costs to purchase, store and distribute vaccines for routine childhood immunizations and to administer the fund and the immunization registry, established pursuant to section 24M. Funds shall be expended solely to cover total non-federal program costs; provided, however, that the amount to be expended for storing and distributing vaccines for routine childhood immunizations, if such costs are not covered by federal contributions, and for the costs of administering the immunization registry, shall not exceed 10 per cent of the total amount of the fund expended for the purchase of vaccines needed for routine childhood immunizations for all children in the commonwealth. The department may incur expenses and the comptroller may certify for payment, amounts in anticipation of the most recent estimate of expected receipts, as certified by the secretary of administration and finance; provided, however, that no expenditure shall be made from the fund which shall cause the fund to be in deficit at the close of a fiscal year. Any balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not be transferred to any other fund or revert to the General Fund. The commissioner of public health or a designee shall annually report the amount of funds collected and any expenditures made from the fund to the clerks of the house of representatives and senate and to the house and senate committees on ways and means, the house and senate chairs of the joint committee on public health and the house and senate chairs of the joint committee on health care financing.

(c) There shall be a vaccine program advisory council consisting of the commissioner of public health or a designee, who shall serve as chair; the medical director of the universal immunization program of the department of public health established under section 24I; the executive director for the center for health information and analysis or a designee; the executive director of the commonwealth health insurance connector authority or a designee; 1 person to be appointed by the director of Medicaid, who shall be a representative of managed care organizations contracting with MassHealth; 3 persons to be appointed by the commissioner of insurance, each of whom shall be a representative of 1 of the 3 health insurance companies having the most insured lives in the commonwealth; and 7 persons to be appointed by the commissioner of public health, 1 of whom shall be a representative of an employer that self-insures for health coverage who shall be appointed from lists of nominees submitted by statewide associations of employers, 1 of whom shall be a member of the Massachusetts Medical Society, 1 of whom shall be a member of the Massachusetts chapter of the American Academy of Pediatrics, 1 of whom shall be a member of the Massachusetts Academy of Family Physicians and 3 of whom shall be physicians licensed to practice in the commonwealth and who shall have expertise in the area of childhood vaccines. The council shall recommend the types of vaccines to be purchased based on a list of routine childhood immunizations and shall take into account provider preference, cost, availability and other factors as determined by the council. The council shall recommend the amount of funding needed each fiscal year by calculating the total non-federal program cost. The council shall make recommendations to the commissioner on whether the commissioner may authorize provider choice of more than 1 comparable brand or type for a routine childhood immunization vaccine. In its recommendations, the council shall examine the feasibility, costs and benefits of authorizing provider choice, provide a schedule of the cost of each comparable brand or type of a vaccine recommended for provider choice and demonstrate that the estimated vaccine cost of authorizing provider choice would not be substantially greater than the estimated vaccine cost of purchasing a single brand or type of a vaccine. The commissioner of public health shall determine the final vaccines to be purchased.

(d) [reserved]

(e) The department of public health may adopt rules and regulations as necessary to implement the universal purchase and distribution system under this chapter and other applicable state and federal laws. The rules and regulations shall establish the system by which vaccines are distributed for children in the commonwealth.

(f) Every individual or entity that pays for or arranges for the purchase of health care services provided by acute hospitals and ambulatory surgical center, including managed care organizations, as such term is defined in section 64 of chapter 118E, but excluding Title XVIII and Title XIX programs and their beneficiaries or recipients, other governmental programs of public assistance and their beneficiaries or recipients and the workers' compensation program established under chapter 152, to the extent not preempted by federal law, shall provide benefits for: (i) routine childhood immunizations for residents of the commonwealth; and (ii) immunizations for residents of the commonwealth who are 19 years of age and older according to the most recent schedules recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention. These benefits shall be exempt from any co federal payment, coinsurance, deductible or dollar limit provisions in the health insurance policy or contract.

Section 53 of said chapter 111, as so appearing, is hereby amended by striking out the seventh sentence and inserting in place thereof the following sentence:- Such rules and regulations shall require a dialysis unit to have on duty sufficient direct care nursing personnel to ensure that all patients undergoing dialysis have nursing care available at all times provided by registered nurses, licensed practical nurses and other staff trained in chronic dialysis at a ratio of at least 1 direct care nursing personnel to every 3 patients; provided, that such rules and regulations may include circumstances where the department may waive nursing personnel ratio requirements.

Section 121B of said chapter 111, as so appearing, is hereby amended by striking out, in line 7, the words "in individual patients" and inserting in place thereof the following words:- and other sexually transmitted infections suitable for expedited partner treatment based on national standards, including, but not limited to, standards outlined in the Center for Disease Control's Sexually Transmitted Infections Treatment Guidelines and as further defined in regulation by the department.

Said section 121B of said chapter 111, as so appearing, is hereby further amended by striking out, in line 9, the word "Chlamydia".

Chapter 115 of the General Laws is hereby amended by adding the following section:-

Section 18. (a) There shall be within the executive office of veterans' services a women veterans' network. The duties of the network shall include, but not be limited to: (i) performing outreach to women veterans; (ii) improving women veterans' awareness of eligibility for federal and state veterans' services and benefits; (iii) holding in-person events for women veterans; (iv) making recommendations to the secretary of veterans' services to improve benefits and services for women veterans; (v) incorporating women veterans' issues in the strategic planning of the executive office; and (vi) creating and distributing documents detailing benefits and resources available to women veterans, including but not limited to, resources to help women veterans transition to civilian life; provided, however, that such documents shall be made available on the executive office's website.

(b) The network shall employ a women veterans' coordinator to assist in the programming and outreach to women veterans, who shall work with the executive office of veterans' services and veteran services officers to engage women veterans in a geographically equitable manner.

(c) Annually, not later than November 1, the office shall submit a report to the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on veterans and federal affairs, which shall include, but not be limited to: (i) demographic information on women veterans in the commonwealth; (ii) summation of veteran outreach events designed to connect women veterans; (iii) women veteran benefits documents created by the network; and (iv) upcoming in-person events organized or identified by the network.

Subsection (e) of section 9D of chapter 118E of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out paragraph (6) and inserting in place thereof the following subsection:-

(6)(i) The executive office shall direct MassHealth to provide notice to each individual age 55 or older of the options for enrolling in voluntary programs, including, but not limited to, Program of All Inclusive Care for the Elderly or PACE plans, Senior Care Options or SCO plans, One Care plans and Home and the Community-Based Services Waiver program for frail elders when: (A) the individual first becomes eligible for Medicare or MassHealth; and (B) the individual inquires about long term nursing home placement. Notice provided pursuant to this clause shall be consistent with the notice requirement pursuant to subparagraph (ii).

(ii) The executive office shall direct MassHealth to provide each beneficiary age 65 and older with an annual notice of the options for enrolling in voluntary programs, including Program of All Inclusive Care for the Elderly or PACE plans, Senior Care Options or SCO plans, One Care plans, the Home and Community-Based Services Waiver program for frail elders or any other voluntary, elective benefit to which the beneficiary is entitled to supplement or replace their MassHealth benefits. If MassHealth receives approval from the Centers for Medicare and Medicaid Services, MassHealth shall arrange for the annual notice to include the names and contact information for the program providers, general contact information for MassHealth and a general description of the benefits of joining particular programs in clear and simple language and a method to request the same information in a language other than English. The notice shall include a method for the beneficiary to indicate interest in receiving additional information on any programs identified that may be of interest to them. The notice shall be supplied to a beneficiary every time the beneficiary is subject to a redetermination of eligibility. A draft of the proposed language and format for providing information to beneficiaries shall be circulated to the providers contracted to provide each of these programs for review and comment prior to finalization. The division shall work with the program providers and other appropriate stakeholders to assess whether and to what extent barriers to program enrollment shall be alleviated through modifications to the program or the enrollment process.

Section 10F of chapter 118E of the General Laws, as so appearing, is hereby amended by striking out clause (1) of subsection (b) in its entirety and inserting in place thereof the following clause:- (1) prescription drugs up to $200 per year; provided, however, that the division may authorize a higher prescription benefit level for any person enrolled in said program for which said higher benefit will prevent hospitalization.

Said section 10F of said chapter 118E, as so appearing, is hereby further amended by striking out subsections (d) through (h), inclusive, and inserting in place thereof the following 3 subsections:-

(d) The division shall promulgate regulations necessary to implement the requirements of this section and shall maximize federal financial participation for state expenditures made on behalf of program enrollees.

(e) The division shall report quarterly to the house and senate committees on ways and means and to the joint committee on health care financing on enrollment demographics, claims expenditures and the annualized costs of said program. The division shall file notice with said committees and the secretary of administration and finance not less than 30 days before modifying program benefits and eligibility standards that are intended to ensure that program costs are limited to the funds appropriated therefore.

(f) The program established by this section shall not give rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein and nothing stated herein shall be construed as giving rise to such enforceable legal rights or such enforceable entitlement.

Section 16C of said chapter 118E, as so appearing, is hereby amended by striking out subsections (4) and (5) and inserting in place thereof the following subsection:-

(4) Eligibility for and the medical benefits provided under said program shall not give rise nor be construed as giving rise to enforceable legal rights for any party or an enforceable entitlement to such eligibility or medical benefits other than to the extent that such rights or entitlements exist pursuant to the regulations of the division, the terms and conditions of the demonstration project established in said section 9A or this section. The provisions of this section shall not establish any rights or entitlements that exceed the rights or entitlements established by Title XIX in the absence of this program or impose any obligations upon the commonwealth's administration or financing because of implementation of said program would exceed obligations established by Title XIX.

Section 64 of said chapter 118E, as appearing in the 2022 Official Edition, is hereby amended by inserting after the definition of "Bad debt" the following definition:-

"Center for health information and analysis revenue amount", an amount equal to the sum of the amount collected by the center for health information and analysis from acute hospitals and ambulatory surgical centers pursuant to section 7 of chapter 12C.

Said section 64 of said chapter 118E is hereby amended by inserting after the definition "Gross patient service revenue", as so appearing, the following 3 definitions:-

"Group 1 safety net hospital", a hospital identified as a group 1 safety net hospital in the MassHealth demonstration waiver approved under subsection (a) of section 1115 of Title XI of the Social Security Act.

"Group 2 safety net hospital", a hospital identified as a group 2 safety net hospital in the MassHealth demonstration waiver approved under subsection (a) of section 1115 of Title XI of the Social Security Act.

"Health policy commission revenue amount", the amount collected by the health policy commission from hospitals and ambulatory surgical centers pursuant to section 6 of chapter 6D./

Said section 64 of said chapter 118E, as so appearing, is hereby further amended by striking out the definitions of "Managed care organization" and "Payments subject to surcharge" and inserting in place thereof the following definitions:-

"Health safety net managed care organization revenue amount", an amount equal to $160,000,000 plus 50 per cent of the estimated cost, as determined by the secretary for administration and finance, of administering the health safety net and related assessments in accordance with sections 65 to 69, inclusive.

"Immunization revenue amount", the estimated costs to purchase, store and distribute vaccines for routine childhood immunizations and to administer the Vaccine Purchase Fund, established in section 24N of chapter 111, and the computerized immunization registry, established in section 24M of chapter 111, taking into consideration the limitations on expenditures described in subsection (b) of section 24N of chapter 111, as well as any anticipated surplus or deficit in said Vaccine Purchase Fund, but excluding any costs anticipated to be covered by federal contribution.

"Managed care organization", any of the following entities, as defined in regulations promulgated by the secretary of health and human services: (i) an entity that is accredited pursuant to chapter 176O and that is: (A) licensed or otherwise authorized to transact accident or health insurance pursuant to chapter 175; (B) a nonprofit hospital service corporation organized pursuant to chapter 176A; (C) a nonprofit medical service corporation organized pursuant to chapter 176B; (D) a health maintenance organization organized pursuant to chapter 176G; or (E) an organization entering into a preferred provider arrangement pursuant to chapter 176I; (ii) a Medicaid managed care organization; (iii) a health care organization, as defined in section 2 of chapter 32A; (iv) a self-insured group for which a carrier provides administrative services pursuant to section 21 of chapter 176O; and (v) a health insurance plan that contracts with the commonwealth health insurance connector authority.

"Managed care organization reinvestment revenue amount", a fixed amount equal to $246,000,000.

"Managed care organization services subject to assessment", services rendered by a managed care organization for which a premium or membership payment is made by or on behalf of the member; provided, however, that managed care organization services subject to assessment shall not include services: (i) rendered to members enrolled per month in Medicare managed care organizations; (ii) rendered to members dually enrolled per month in both Medicaid and Medicare; (iii) rendered to members in a Medicaid managed care organization who are age 65 or older; (iv) rendered as part of limited benefit plans, including, but not limited to, dental only or vision only member months, which are paid for as part of a subcontract under another managed care organization; or (v) services which are preempted from taxation by 5 U.S.C. section 8909(f); and provided further, that managed care organization services subject to assessment may be based on a tax base of managed care organization member months, premiums, claims, or charges, as determined by the secretary of health and human services and established consistently across the assessment groups that may be established pursuant to section 68.

"Massachusetts Child Psychiatry Access Project revenue amount", an amount equal to the amounts expended for the Massachusetts Child Psychiatry Access Project that are related to services provided on behalf of commercially insured clients.

"Medicaid managed care organization", a managed care organization, as defined in 42 CFR 438.2, that contracts with MassHealth pursuant to an approved state plan or federal waiver.

"Medicaid managed care organization services subject to assessment", managed care organization services subject to assessment provided to a Medicaid member.

Said section 64 of said chapter 118E, as so appearing, is hereby further amended by striking out the definition of "Surcharge payor".

Said section 64 of said chapter 118E, as so appearing, is hereby further amended by striking out the definition of "Total surcharge amount" and inserting in place thereof the following definition:-

"Total managed care organization services assessment amount", an amount equal, for each year, to the sum of the following in the same year: (i) the managed care organization reinvestment revenue amount; (ii) the health safety net managed care organization revenue amount; (iii) the Massachusetts Child Psychiatry Access Project revenue amount; (iv) the immunization revenue amount; (v) the health policy commission revenue amount; (vi) the center for health information and analysis revenue amount; (vii) the amount transferred, pursuant to section 66, to the Behavioral Health Access and Crisis Intervention Trust Fund established in section 2WWWWW of chapter 29; and (viii) the amounts necessary to incorporate prospectively all adjustments or reconciliations to account for under-assessments in the prior year.

Said section 64 of said chapter 118E, as so appearing, is hereby amended by striking out, in line 147, as so appearing, the figure "$880,000,000" and inserting in place thereof the following figure:- $1,484,050,000.

Said section 66 of said chapter 118E, as so appearing, is hereby further amended by striking out subsection (b) and inserting in its place thereof the following subsection:-

(b) The fund shall consist of: (i) all amounts paid by hospitals and managed care organizations under sections 67 and 68; (ii) all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents; (iii) any transfers from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29; (iv) any transfers from the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29; (v) any transfers from the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29; (vi) any transfers from the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29; and (vii) all property and securities acquired by and through the use of money belonging to the fund and all interest thereon. There shall also be credited to the fund an amount equal to any federal financial participation claimed and received by the commonwealth for eligible expenditures made from the fund and financed by money transferred from the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29, the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29 or from the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29. To accommodate timing discrepancies between the receipt of such revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary of health and human services to be transferred, credited or deposited under this subsection. Annually, the office shall transfer from the non-federal money in the fund: (A) $149,300,000 to the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29; (B) $994,000,000 to the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29; (C) $115,500,000 to the Population Health Investment Trust Fund established in section 2UUUUU of chapter 29; (D) $30,250,000 to the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of chapter 29; (E) an amount equal to the managed care organization reinvestment revenue amount to the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29; (F) an amount equal to the Massachusetts Child Psychiatry Access Project revenue amount to the Massachusetts Child Psychiatry Access Project Fund established in section 2EEEEEE of chapter 29; (G) an amount equal to the health policy commission revenue amount to the Healthcare Payment Reform Fund established in section 7 of chapter 6D; (H) an amount equal to the immunization revenue amount to the Vaccine Purchase Fund established in section 24N of chapter 111; (I) $33,700,000 to the Behavioral Health Access and Crisis Intervention Trust Fund established in section 2WWWWW of chapter 29; (J) an amount equal to the center for health information and analysis revenue amount to the Center for Health Information and Analysis Fund established in section 7A of chapter 12C; and (K) $35,000,000 to the Essential Community Provider Trust Fund established in section 2PPP of chapter 29. The office shall expend amounts in the fund, except for amounts transferred to the Safety Net Provider Trust Fund, the Hospital Investment and Performance Trust Fund, the Population Health Investment Trust Fund, the Non-Acute Care Hospital Reimbursement Trust Fund, the Managed Care Organization Services Reinvestment Fund, the Massachusetts Child Psychiatry Access Project Fund, the Vaccine Purchase Fund, the Center for Health and Information Analysis Fund, the Healthcare Payment Reform Fund and the Behavioral Health Access and Crisis Intervention Trust Fund, for payments to hospitals and community health centers for reimbursable health services provided to uninsured and underinsured residents, consistent with the requirements of this section, section 69 and the regulations adopted by the office. The amount collected pursuant to clause (vii) of the definition of total managed care organization services assessment amount in section 64 shall be dedicated to reducing the shortfall, as described in subsection (b) of section 69, for the year prior to the assessment year. The office shall also annually expend money from the fund for the expenses of the executive office, including the health safety net office under subsection (a), for the administration of the health safety net and related assessments. The office shall also expend not more than $6,000,000 annually from the fund for demonstration projects that use case management and other methods to reduce the liability of the fund to acute hospitals. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The director shall from time-to-time requisition from the fund amounts that the director considers necessary to meet the current obligations of the office for the purposes of the fund and estimated obligations for a reasonable future period.

Said section 66 of said chapter 118E, as so appearing, is hereby further amended by striking out subsection (b), as inserted by section 126, and inserting in place thereof the following subsection:-

(b) The fund shall consist of: (i) all amounts paid by hospitals and managed care organizations under sections 67 and 68; (ii) all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents; (iii) any transfers from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29; (iv) any transfers from the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29; (v) any transfers from the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29; (vi) any transfers from the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29; and (vii) all property and securities acquired by and through the use of money belonging to the fund and all interest thereon. There shall also be credited to the fund an amount equal to any federal financial participation claimed and received by the commonwealth for eligible expenditures made from the fund and financed by money transferred from the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29, the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29 or from the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29. To accommodate timing discrepancies between the receipt of such revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary of health and human services to be transferred, credited or deposited under this subsection. Annually, the office shall transfer an amount equal to all amounts paid by privately-owned, nonfederal hospitals under subsection (b) of section 67 to the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of chapter 29. The office shall annually transfer from the non-federal money in the fund: (A) an amount equal to the managed care organization reinvestment revenue amount to the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29; (B) an amount equal to the Massachusetts Child Psychiatry Access Project revenue amount to the Massachusetts Child Psychiatry Access Project Fund established in section 2EEEEEE of chapter 29; (C) an amount equal to the health policy commission revenue amount to the Healthcare Payment Reform Fund established in section 7 of chapter 6D; (D) an amount equal to the immunization revenue amount to the Vaccine Purchase Fund established in section 24N of chapter 111; (E) $33,700,000 to the Behavioral Health Access and Crisis Intervention Trust Fund established in section 2WWWWW of chapter 29; and (F) an amount equal to the center for health information and analysis revenue amount to the Center for Health Information and Analysis Fund established in section 7A of chapter 12C. The office shall expend amounts in the fund, except for amounts transferred to the Non-Acute Care Hospital Reimbursement Trust Fund, the Managed Care Organization Services Reinvestment Fund, the Massachusetts Child Psychiatry Access Project Fund, the Vaccine Purchase Fund, the Center for Health Information and Analysis Fund, the Healthcare Payment Reform Fund and the Behavioral Health Access and Crisis Intervention Trust Fund, for payments to hospitals and community health centers for reimbursable health services provided to uninsured and underinsured residents, consistent with the requirements of this section, section 69 and the regulations adopted by the office. The amount collected pursuant to clause (vii) of the definition of total managed care organization services assessment amount in section 64 shall be dedicated to reducing the shortfall, as described in subsection (b) of section 69, for the year prior to the assessment year. The office shall also annually expend money from the fund for the expenses of the executive office, including the health safety net office under subsection (a), for the administration of the health safety net and related assessments. The office shall also expend not more than $6,000,000 annually from the fund for demonstration projects that use case management and other methods to reduce the liability of the fund to acute hospitals. Any annual balance remaining in the fund after these payments have been made shall be retained in the fund and shall not revert to the General Fund. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The director shall from time-to-time requisition from the fund amounts that the director considers necessary to meet the current obligations of the office for the purposes of the fund and estimated obligations for a reasonable future period.

Subsection (b) of section 66 of said chapter 118E, as appearing in section 60 of chapter 126 of the acts of 2022, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- Annually, the office shall transfer from the nonfederal money in the fund: (A) $149,300,000 to the Safety Net Provider Trust Fund established in said section 2AAAAA of said chapter 29; (B) $994,000,000 to the Hospital Investment and Performance Trust Fund established in said section 2TTTTT of said chapter 29; (C) $115,500,000 to the Population Health Investment Trust Fund established in section 2UUUUU of said chapter 29; (D) $30,250,000 to the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of said chapter 29; and (E) $35,000,000 to the Essential Community Provider Trust Fund established in section 2PPP of said chapter 29.

Said chapter 118E is hereby further amended by striking out section 67, as appearing in section 62 of said chapter 126, and inserting in place thereof the following section:-

Section 67. (a) Subject to all required federal approvals, including any required waivers under 42 CFR 433.68, a hospital's annual liability to the fund shall be calculated in accordance with this section. The annual aggregate liability of all hospitals to the fund shall equal the total hospital assessment amount.

(b) [reserved].

(c) The office shall promulgate regulations establishing an appropriate mechanism for enforcing each hospital's liability to the fund if a hospital does not make a scheduled payment to the fund.

(d) For the purposes of the assessment in this section, all hospitals in the commonwealth shall be divided into the following groups, as determined by the secretary: (i) large group 1 safety net hospitals which, for the purposes of this section, shall mean, any group 1 safety net hospital that had not less than 355 staffed beds in fiscal year 2022, as reported by the center for health information and analysis; (ii) small group 1 safety net hospitals which, for the purposes of this section, shall mean any group 1 safety net hospital that had less than 355 staffed beds in fiscal year 2022 as reported by the center for health information and analysis; (iii) large group 2 safety net hospitals which, for the purposes of this section, shall mean any group 2 safety net hospital that had not less than 355 staffed beds in fiscal year 2022 as reported by the center for health information and analysis; (iv) small group 2 safety net hospitals which, for the purposes of this section, shall mean any group 2 safety net hospital that had less than 355 staffed beds in fiscal year 2022 as reported by the center for health information and analysis; (v) freestanding pediatric acute hospitals; (vi) academic, teaching and specialty hospitals which, for the purposes of this section, shall mean an academic medical center, teaching hospital or specialty hospital as determined by the center for health information and analysis as of September 30, 2019, but excluding any high public payer hospital; (vii) private acute hospitals which, for the purposes of this section, shall mean a private hospital licensed under section 51 of chapter 111 that contains a majority of medical-surgical, pediatric, obstetric and maternity beds as defined by the department of public health and operating as of September 30, 2019, but excluding any safety net hospital or academic, teaching and specialty hospital; (viii) non-state public hospitals which, for the purposes of this section, shall mean any non-state-owned public hospital in the commonwealth as determined by the secretary; and (ix) non-acute hospitals which, for the purposes of this section shall mean any nonpublic hospital licensed by the department of public health under said section 51 of said chapter 111; provided, however, that non-acute hospital shall not include an acute care hospital under section 25B of said chapter 111 or a nonpublic hospital licensed as an inpatient facility by the department of mental health under section 19 of chapter 19 and regulations promulgated thereunder but not categorized as a class VII licensee under the regulations.

(e) Each of the groups described in subsection (d) shall be subject to the following assessment rates: (i) large group 1 safety net hospitals shall be subject to a rate of 24.000 per cent for inpatient services and 5.950 per cent for outpatient services; (ii) small group 1 safety net hospitals shall be subject to a rate of 14.500 per cent for inpatient services and 5.500 per cent for outpatient services; (iii) large group 2 safety net hospitals shall be subject to a rate of 18.000 per cent for inpatient services and 18.200 per cent for outpatient services; (iv) small group 2 safety net hospitals shall be subject to a rate of 18.000 per cent for inpatient services and 10.200 per cent for outpatient services; (v) freestanding pediatric acute hospitals shall be subject to a rate of 4.800 per cent for inpatient services and 4.250 per cent for outpatient services; (vi) academic, teaching and specialty hospitals shall be subject to a rate of 4.701 per cent for inpatient services and 1.065 per cent for outpatient services; (vii) private acute hospitals shall be subject to a rate of 8.500 per cent for inpatient services and 1.045 per cent for outpatient services; (viii) non-state public hospitals shall be subject to a rate of 1.615 per cent for inpatient services and 1.500 per cent for outpatient services; and (ix) non-acute hospitals shall be subject to a rate of 3.300 per cent for inpatient services and 3.300 per cent for outpatient services; provided, however, that the office shall increase each such rate by the amount necessary to generate 50 per cent of the estimated cost as determined by the secretary of administration and finance, of administering the health safety net and related assessments in accordance with sections 65 to 69, inclusive. If hospital closures or hospital changes in status to a different type of provider would result in a reduction of total hospital assessment amount, the secretary may, by regulation, adjust the assessment rates to ensure the total hospital assessment amount is not reduced by more than $10,000,000 on an annual basis; provided, however, that any such adjustments to the rates shall ensure the rates remain in the same proportion to each other as established herein.

(f) The assessment rates described in subsection (e) shall be applied to each hospital's fiscal year 2019 assessed charges for inpatient and outpatient services as determined by the secretary of health and human services; provided, however, that the term "assessed charges" shall have the meaning ascribed to it in section 64. The total of the resulting products shall equal a hospital's annual assessment liability.

(g) Subject to receipt of all required federal approvals, the executive office shall implement the assessment structure described in this section and shall promulgate regulations, in consultation with the Massachusetts Health and Hospital Association, Inc., necessary to support implementation of said assessment structure. In promulgating such regulations, and in consultation with the Massachusetts Health and Hospital Association, Inc., the executive office shall, at a minimum: (i) specify an appropriate mechanism for determination and payment of an acute hospital's liability to the fund; (ii) identify the hospitals that belong to each group identified in subsection (d); (iii) specify an appropriate mechanism for the determination of a hospital's liability in cases of merger or transfer of ownership; and (iv) specify an appropriate mechanism by which any amounts paid by a hospital in excess of a hospital's total annual assessment liability may be refunded or otherwise credited to the hospital.

(h) The secretary of health and human services may enforce the payment of required assessments under this section: (i) for hospitals licensed by the department of health, by notifying the department of the unpaid assessments and such information shall be considered by the department in determining suitability in accordance with section 51 of chapter 111 for the hospital or its affiliate provider entities; (ii) by offsetting payments from the office of Medicaid against the claims for payment by the delinquent hospital, against other hospitals or MassHealth-contracted entities under common ownership as the delinquent hospital or against any successor in interest to the hospital or such provider entities under common ownership, in the amount of the delinquent fees owed, including any interest, penalties and reasonable attorneys' fees, and by transferring such funds into the fund; or (iii) creating, after demand for payment, a lien in favor of the commonwealth in an amount not to exceed the delinquent fees owed, including any interest, penalties and reasonable attorneys' fees, encumbering the building in which the delinquent hospital is located, encumbering the real property upon which the delinquent hospital is located, including fixtures, equipment or goods used in the operation of the delinquent hospital, or encumbering any real property in which the delinquent hospital holds an interest.

Said chapter 118E is hereby further amended by striking out section 68 and inserting in place thereof the following section:-

Section 68. (a) Subject to all required federal approvals, including any required waivers under 42 CFR 433.68, a managed care organization's annual liability to the fund shall be calculated in accordance with this section. The annual aggregate liability of all managed care organizations to the fund shall equal the total managed care organization services assessment amount.

(b) The assessment shall be paid to the Health Safety Net Trust Fund, established in section 66, by managed care organizations rendering managed care organization services subject to assessment on a monthly basis and shall be assessed on all managed care organization services subject to assessment.

(c) All managed care organization services subject to assessment shall be divided into 1 of the following assessment groups; provided, however, that the secretary of health and human services may, by regulation, establish further sub-groups within each assessment group:

(i) managed care organization services subject to assessment that are not Medicaid managed care organization services subject to assessment provided by a managed care organization;

(ii) Medicaid managed care organization services subject to assessment provided by a managed care organization rendered below a threshold established by the secretary of health and human services in its regulations; and

(iii) Medicaid managed care organization services subject to assessment provided by a managed care organization rendered at or above a threshold established by the secretary of health and human services in its regulations.

(d) The assessment rates for each assessment group shall be multiplied by each managed care organization's managed care organization services subject to assessment, as determined by the secretary of health and human services. The total of the resulting products shall equal a managed care organization's annual assessment liability.

(e) Subject to receipt of all required federal approvals, the secretary of health and human services shall implement the assessment structure described in this section and shall promulgate regulations necessary to support implementation of said assessment structure. In promulgating such regulations, the secretary of health and human services shall, at a minimum: (i) establish assessment groups, in accordance with subsection (c), into which all managed care organization services subject to assessment are divided; (ii) set assessment rates for each such assessment group, sufficient in the aggregate to generate in each fiscal year the total managed care organization services assessment amount; (iii) establish any necessary reporting requirements for managed care organizations; (iv) establish an appropriate mechanism for enforcing each managed care organization's liability to the Health Safety Net Trust Fund, established in section 66, if a managed care organization rendering managed care organization services subject to assessment does not make a scheduled payment to the Health Safety Net Trust Fund; (v) specify an appropriate mechanism for determination and payment of a managed care organization's liability to the Health Safety Net Trust Fund; (vi) identify the managed care organization services subject to assessment under each group established pursuant to subsection (c); (vii) specify an appropriate mechanism for the determination of a managed care organization's liability in cases of merger or transfer of ownership; and (viii) specify an appropriate mechanism by which any amounts paid by a managed care organization in excess of its total annual assessment liability may be refunded or otherwise credited to the managed care organization.

Section 69A of chapter 118E of the General Laws is hereby repealed.

Said chapter 118E is hereby further amended by adding the following 2 sections:-

Section 83. (a) As used in this section and section 84, the following words shall have the following meaning unless the context clearly requires otherwise:

"HSN", the payment program established and administered in accordance with section 8A and sections 64 to 69, inclusive.

"HSN patient", an individual served by an HSN provider whose services are paid for through the HSN.

"OTC oral contraceptive", a nonprescription oral contraceptive approved or otherwise authorized by the United States Food and Drug Administration.

(b) Notwithstanding any general or special law to the contrary, a practitioner who is registered to prescribe or dispense controlled substances in the course of the practitioner's professional practice under section 7 of chapter 94C and is designated by the assistant secretary for the division may issue a standing order that may be used for a licensed pharmacist to dispense an OTC oral contraceptive to a MassHealth member or HSN patient.

(c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense an OTC oral contraceptive in accordance with the standing order issued under subsection (b) to a MassHealth member or HSN patient. Except for gross negligence or willful misconduct, a pharmacist who, in good faith, dispenses an OTC oral contraceptive consistent with the standing order shall not be subject to any criminal or civil liability or professional disciplinary action by the board of registration in pharmacy related to the dispensing of said OTC oral contraceptive.

(d) A pharmacist who dispenses an OTC oral contraceptive pursuant to this section to a MassHealth member or HSN patient shall submit a claim to MassHealth or the HSN, as applicable.

(e) Except for gross negligence or willful misconduct, the assistant secretary for the division or a physician who issues the standing order under subsection (b) and any practitioner who, acting in good faith, directly or through the standing order, prescribes or dispenses an OTC oral contraceptive to a MassHealth member or HSN patient shall not be subject to any criminal or civil liability or professional disciplinary action.

(f) The division may adopt regulations or issue written guidance to implement this section.

Section 84. (a) For the purposes of this section, "Prenatal vitamin", shall mean an oral multivitamin for supporting health during pregnancy.

(b) Notwithstanding any general or special law to the contrary, a physician who is registered to prescribe or dispense a controlled substance in the course of the physician's professional practice under section 7 of chapter 94C and is designated by the assistant secretary for the division may issue a standing order that may be used for a licensed pharmacist to dispense a prenatal vitamin to a MassHealth member or HSN patient.

(c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense a prenatal vitamin in accordance with the standing order issued under subsection (b) to a MassHealth member or HSN patient. Except for gross negligence or willful misconduct, a pharmacist who, in good faith, dispenses a prenatal vitamin consistent with the standing order shall not be subject to any criminal or civil liability or professional disciplinary action by the board of registration in pharmacy related to the dispensing of such prenatal vitamin.

(d) A pharmacist who dispenses a prenatal vitamin pursuant to this section to a MassHealth member or HSN patient shall submit a claim to MassHealth or the HSN, as applicable.

(e) Except for gross negligence or willful misconduct, the assistant secretary for the division or a physician who issues the standing order under subsection (b) and any practitioner who, in good faith, directly or through the standing order, prescribes or dispenses a prenatal vitamin to a MassHealth member or HSN patient shall not be subject to any criminal or civil liability or professional disciplinary action.

(f) The division may adopt regulations or issue written guidance to implement this section.

Section 1 of chapter 125 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 32, and in lines 40 and 41, each time they appear, the words "; Massachusetts Correctional Institution, Concord".

Subsection (b) of section 171 of chapter 127 of the General Laws, added by section 51 of chapter 28 of the acts of 2023, is hereby amended by striking out the first sentence.

Said subsection (b) of said section 171 of said chapter 127, as amended by section 134, is hereby further amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- The department of correction, state correctional facilities, state prisons, county correctional facilities and entities, sellers, suppliers or vendors contracting with such facilities shall charge an amount not to exceed 95 per cent of the market price for commissary items at non-correctional major retail stores in the commonwealth. 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.

Section 1A of chapter 130 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the fourth sentence the following sentence:- Notwithstanding any general or special law to the contrary, the division of marine fisheries shall have the sole authority and jurisdiction to regulate the harvest of marine fish and the effect of such activities on marine fish species and marine fisheries resources. No person authorized to engage in fishing activities by the division pursuant to this chapter shall be required to file a notice of intent pursuant to section 40 of chapter 131 or pursuant to a local wetlands by-law or regulation and no person shall be required to obtain a permit or license pursuant to chapter 91 or a water quality certification pursuant to chapter 21 in relation to any such fishing activities.

Section 1 of chapter 138 of the General Laws, as so appearing, is hereby amended by inserting, after the definition of "Farmer-winery", the following 2 definitions:-

"Gaming establishment contract vendor", a vendor that contracts with a gaming establishment, as defined by section 2 of chapter 23K, to sell or serve alcoholic beverages at the gaming establishment for consumption on premises; provided, however, that a gaming establishment contract vendor shall include, but shall not be limited to, a restaurant, bar or club; and provided further, that a gaming establishment contract vendor shall not include a vendor that serves alcohol in a gaming area to patrons who are actively participating in gambling.

"Gaming establishment self-owned vendor", a vendor owned or operated by a gaming establishment, as defined by section 2 of chapter 23K, that sells or serves alcoholic beverages at the gaming establishment for consumption on premises; provided, however, that a gaming establishment self-owned vendor shall include, but shall not be limited to, a restaurant, bar or club owned or operated by said gaming establishment; and provided further, that a gaming establishment self-owned vendor shall not include a vendor that serves alcohol in a gaming area to patrons who are actively participating in gambling.

Said section 1 of said chapter 138, as so appearing, is hereby further amended by inserting, after the definition of "Ship chandler", the following 2 definitions:-

"Special gaming establishment contract vendor alcoholic beverage license", a license that permits a gaming establishment contract vendor to sell or serve alcoholic beverages at a gaming establishment, as defined by section 2 of chapter 23K.

"Special gaming establishment self-owned vendor alcoholic beverage license", a license that permits a gaming establishment self-owned vendor to sell or serve alcoholic beverages at a gaming establishment, as defined by section 2 of chapter 23K.

Said chapter 138 is hereby further amended by striking out section 64, as so appearing, and inserting in place thereof the following section:-

Section 64. (a) The licensing authorities after notice to the licensee and reasonable opportunity to be heard, may modify, suspend, revoke or cancel the license upon satisfactory proof that the licensee has violated or permitted a violation of any condition thereof, or any law of the commonwealth. If at any hearing a licensee is charged with serving or selling alcohol or alcoholic beverages to a person under 21 years of age, written notice of said allegations shall be sent by the licensing authorities to the parent or guardian of such person. If the license is revoked, the licensee shall be disqualified to receive a license for 1 year after the expiration of the term of the license so revoked, and if the licensee is the owner of the premises described in such revoked license, no license shall be issued to be exercised on said premises for the residue of the term thereof.

(b) If it appears to the commission that a license has been issued under this chapter by the local licensing authorities in excess of the quota prescribed by section 17 or in violation of section 16A or any other provision of this chapter, the commission shall, after notice to said authorities and to the holder of such license and after reasonable opportunity to be heard, revoke such license, whereupon such license shall be surrendered to said authorities, and the decision of the commission shall be final and conclusive. The holder of a license so revoked shall not be subject to prosecution for any sales theretofore made by the licensee under such license on the ground that such license was illegally issued. The city or town whose licensing authorities issued any license so revoked shall forthwith refund to the holder thereof the entire fee paid therefor and authority is hereby granted to such city or town to pay the same out of any funds available.

(c) The commission after notice to the licensee and after providing such licensee with a reasonable opportunity to be heard, may modify, suspend, revoke or cancel a special gaming establishment contract vendor alcoholic beverage license or a special gaming establishment self-owned vendor alcoholic beverage license upon satisfactory proof that the licensee has violated or permitted a violation of sections 34, 34C or 69 or any regulation of the alcoholic beverages control commission related to possession of an alcoholic beverage by a person under 21 years of age, or any condition of the license. The commission may accept a fine or civil administrative penalty in lieu of suspension of the license pursuant to section 23.

Said chapter 138 is hereby further amended by inserting after section 78 the following section:-

Section 79. (a)(1) The commission may issue a special gaming establishment contract vendor alcoholic beverage license or a special gaming establishment self-owned vendor alcoholic beverage license to a qualified applicant who is a gaming establishment contract vendor or gaming establishment self-owned vendor as determined by the commission.

(2) The commission shall establish rules, regulations or guidance related to any requirements for licensure pursuant to this section, including, but not limited to, any limitation on the purchase or sale of alcoholic beverages by the holder of a license under this section and any authorized sources pursuant to subsection (b).

(3) The commission shall deny any application of either a special gaming establishment contract vendor or a special gaming establishment self-owned vendor that is not of responsible character.

(b) Any special gaming establishment contract vendor or special gaming establishment self-owned vendor issued a special gaming establishment contract vendor alcoholic beverage license or special gaming establishment self-owned vendor alcoholic beverage license pursuant to this section may purchase and sell alcoholic beverages from sources authorized by the commission to sell alcoholic beverages to licensees licensed pursuant to section 12, as applicable; provided, that said authorized sources shall be allowed to sell alcoholic beverages to the special licenses as authorized by the commission and pursuant to said section 12, as applicable; and provided further, that the commission shall promulgate rules, guidance or regulations on said authorized sources.

(c) A special gaming establishment contract vendor alcoholic beverage license or a special gaming establishment self-owned vendor alcoholic beverage license shall not count toward any municipal quota and shall not be transferable.

(d) The commission may promulgate regulations, rules or guidelines to implement this section.

Subsection (1) of section 44A of chapter 149 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the definition of "Eligible" the following definition:-

"Maintenance service contract", a multi-year contract exclusively for the ongoing, periodic maintenance, including maintaining, servicing, testing and incidental repairs, of 1 or more of the following building systems: (i) electrical system; (ii) elevator system; (iii) fire protection sprinkler system, as defined in section 81 of chapter 146; (iv) fire alarm system; (v) heating, ventilating and air-conditioning and any associated mechanical system; or (vi) plumbing system.

Said section 44A of said chapter 149, as so appearing, is hereby further amended by striking out, in line 47, the word "(A)" and inserting in place thereof the following words:- (2)(A).

Subsection (2) of said section 44A of said chapter 149, as so appearing, is hereby amended by inserting after paragraph (D) the following paragraph:-

(D 1/2) Every maintenance service contract for any building by the division of capital asset management and maintenance estimated to cost more than $150,000 shall be awarded to the lowest responsible and eligible general bidder on the basis of competitive bids in accordance with the procedure set forth in sections 44A to 44H, inclusive; provided, however, that this paragraph shall not apply if a maintenance service contract is bid, at the option of the commissioner, pursuant to section 39M of chapter 30.

Subsection (a) of section 62A of chapter 151A of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- The department of unemployment assistance shall provide regional in-person assistance in each workforce area and in coordination with the MassHire department of career services. A department representative shall be available for assistance at each workforce area at least 1 day a week; provided, however, that assistance shall include, but not be limited to: (i) providing general information on unemployment compensation and claims; (ii) application assistance; and (iii) identity verification assistance.

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

Section 47VV. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Directly or indirectly cause impairment of fertility", to cause circumstances where a disease or the necessary treatment for a disease has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology or other reputable professional organizations.

"Standard fertility preservation services", procedures or treatments to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist or other physician; provided, however, that the recommendation shall be made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology or other reputable professional organizations.

(b) The following shall provide coverage for standard fertility preservation services, including, but not limited to, coverage for procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue, when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause impairment of fertility by affecting reproductive organs or processes: (i) any policy of accident and sickness insurance as described in section 108 that provides hospital expense and surgical expense insurance and that is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; (ii) any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 that provides hospital expense and surgical expense insurance and that is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder within or without the commonwealth; and (iii) any employees' health and welfare fund that provides hospital expense and surgical expense benefits and that is delivered, issued or renewed to any person or group of persons in the commonwealth. Coverage shall be provided to the same extent that coverage is provided for other pregnancy-related procedures.

Section 1 of chapter 175M of the General Laws is hereby amended by inserting after the figure "19A", as appearing in section 35 of chapter 77 of the acts of 2023, the following words:- , whose wages from working as a consumer directed care worker meet the financial eligibility requirements of said subsection (a) of said section 24 of said chapter 151A.

Subsection (b) of section 7 of said chapter 175M, as appearing in the 2022 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The costs of administering the department under this chapter shall be paid from the trust fund and, in each fiscal year, shall not exceed 5 per cent of the amount remaining in the fund at the end of the previous fiscal year; provided, however, that the amount available from the trust fund for administering the department shall not decrease by more than 5 per cent from the previous year.

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

Section 8WW. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Directly or indirectly cause impairment of fertility", to cause circumstances where a disease or the necessary treatment for a disease has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology or other reputable professional organizations.

"Standard fertility preservation services", procedures or treatments to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist or other physician; provided, however, that the recommendation shall be made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology or other reputable professional organizations.

(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 standard fertility preservation services, including, but not limited to, coverage for procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue, when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause impairment of fertility by affecting reproductive organs or processes. Coverage shall be provided to the same extent that coverage is provided for other pregnancy-related procedures.

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

Section 4WW. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Directly or indirectly cause impairment of fertility", to cause circumstances where a disease or the necessary treatment for a disease has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology or other reputable professional organizations.

"Standard fertility preservation services", procedures or treatments to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist or other physician; provided, however, that the recommendation shall be made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology or other reputable professional organizations.

(b) A subscription certificate under an individual or group medical service agreement that is delivered, issued or renewed within the commonwealth shall provide coverage for standard fertility preservation services, including, but not limited to, the coverage for procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue, when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause impairment of fertility by affecting reproductive organs or processes. Coverage shall be provided to the same extent that coverage is provided for other pregnancy-related procedures.

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

Section 4OO. (a) For the purposes of this section, the following words shall have the following meaning unless the context clearly requires otherwise:

"Directly or indirectly cause impairment of fertility", to cause circumstances where a disease or the necessary treatment for a disease has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology or other reputable professional organizations.

"Standard fertility preservation services", procedures or treatments to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist or other physician; provided, however, that the recommendation shall be made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology or other reputable professional organizations.

(b) An individual or group health maintenance contract that is issued, delivered or renewed within the commonwealth shall provide coverage for standard fertility preservation services, including, but not limited to, coverage for procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue, when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause impairment of fertility by affecting reproductive organs or processes. Coverage shall be provided to the same extent that coverage is provided for other pregnancy-related procedures.

Section 10 of chapter 218 of the General Laws, as amended by section 63 of chapter 28 of the acts 2023, is hereby further amended by striking out, in lines 81 and 82, as so appearing, the words "; district court of Chelsea".

Said section 10 of said chapter 218, as so amended, is hereby further amended by inserting after the word "Norfolk", in line 86, as so appearing, the following:- ;

district court of Chelsea.

Said section 10 of said chapter 218, as so amended, is hereby further amended by inserting after the word "Peabody", as appearing in section 63 of chapter 28 of the acts of 2023, the following words:- ;

district court of Lawrence.

Section 3 of chapter 258C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 15, the figure "$8,000" and inserting in place thereof the following figure:- $13,000.

Said section 3 of said chapter 258C, as so appearing, is hereby further amended by striking out, in line 22, the figure "$800" and inserting in place thereof the following figure:- $4,000.

Said section 3 of said chapter 258C, as so appearing, is hereby further amended by striking out, in line 105, the figure "$500" and inserting in place thereof the following figure:- $3,000.

Chapter 262 of the General Laws is hereby amended by striking out section 24, as so appearing, and inserting in place thereof the following section:-

Section 24. (a) The maximum fee to be charged by a person authorized to take bail or release on personal recognizance in the case of a person arrested for any misdemeanor or felony shall be $80.

(b) The trial court shall be responsible for paying fees charged to take bail outside of regular working hours pursuant to this section and any fee charged pursuant to this section for a bail taken outside of regular working hours shall be charged only to the trial court. Fee splitting arrangements shall be prohibited.

(c) A person authorized to take bail may administer through wire or electronic means any oath or affirmation required in the course of taking bail or releasing on personal recognizance. No person authorized to take bail shall delegate: (i) the setting or taking of bail; or (ii) the setting or taking of release on personal recognizance to any other person.

(d) A person authorized to take bail shall receive the fee under subsection (a) after determining the terms of release and the prisoner ultimately recognizes out-of-court.

The fourth paragraph of section 1 of chapter 44 of the acts of 1932, as appearing in section 5 of chapter 21 of the acts of 2020, is hereby amended by adding the following sentence:- As used in this act, the term "former member bank" shall mean a savings bank or a co-operative bank without excess deposit insurance after withdrawing from membership pursuant to section 17 of chapter 43 of the acts of 1934.

The third subparagraph of paragraph (a) of section 17 of chapter 43 of the acts of 1934, as appearing in section 29 of chapter 64 of the acts of 1999, is hereby amended by striking out the third sentence.

The fourth sentence of said third subparagraph of said paragraph (a) of said section 17 of said chapter 43, as so appearing, is hereby amended by striking out the words "Upon said conversion" and inserting in place thereof the following words:- Upon such notification of intent to withdraw.

The last sentence of the fourth subparagraph of said paragraph (a) of said section 17 of said chapter 43, inserted by section 21 of chapter 21 the acts of 2020, is hereby amended by striking out the words "pursuant to section 17A".

Section 17A of said chapter 43 is hereby repealed.

Section 22 of chapter 47 of the acts of 1997, as appearing in section 53 of chapter 228 of the acts of 2018, is hereby amended by striking out the figure "$7,000,000" and inserting in place thereof the following figure:- $9,000,000.

Said section 22 of said chapter 47, as so appearing, is hereby further amended by striking out the figure "$2,000,000" and inserting in place thereof the following figure:- $4,000,000.

Item 1599-2032 of section 2 of chapter 102 of the acts of 2021 is hereby amended by striking out the words "provided further, that not less than $250,000 shall be expended for replacement of the Trout brook well in the town of Avon" and inserting in place thereof the following words:- provided further, that not less than $250,000 shall be expended for well repairs in the town of Avon.

Item 2300-0101 of section 2 of chapter 126 of the acts of 2022 is hereby amended by striking out the figure "2024", as appearing in section 72 of chapter 77 of the acts of 2023, and inserting in place thereof the following figure:- 2025.

Item 4590-0250 of said section 2 of said chapter 126 is hereby amended by striking out the figure "2024", as appearing in section 84 of said chapter 77, and inserting in place thereof the following figure:- 2025.

Sections 61, 157, 158 and 159 of chapter 126 of the acts of 2022 are hereby repealed.

Sections 25, 66 and 187 of said chapter 126 are hereby repealed.

Item 1100-2516 of section 2 of chapter 140 of the acts of 2022 is hereby amended by striking out the words "city of Boston", the first time it appears, and inserting in place thereof the following words:- Boys and Girls Clubs of Dorchester, Inc.

Subsection (c) of section 19 of chapter 154 of the acts of 2022 is hereby amended by striking out the words "June 30, 2024", as inserted by section 163 of chapter 77 of the acts of 2023, and inserting in place thereof the following words:- June 30, 2025.

Item 1599-6090 of section 2A of chapter 268 of the acts of 2022 is hereby amended by striking out the words "June 30, 2024", as inserted by section 74 of chapter 28 of the acts of 2023, and inserting in place thereof the following words:- December 31, 2024.

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 inserting after the words "Great Barrington" the following words:- and nothing in this item shall preclude reimbursement for costs and expenses already incurred.

Item 1599-0026 of section 2 of chapter 28 of the acts of 2023 is hereby amended by inserting after the word "federal", the first time it appears, the following words:- and state.

Item 2000-0100 of said section 2 of said chapter 28 is hereby amended by inserting after the word "program", the third time it appears, the following words:- and funds shall be made available until June 30, 2025.

Item 4590-1507 of said section 2 of said chapter 28, as amended by section 184 of chapter 77 of the acts of 2023, is hereby further amended by striking out the words "provided further, that not less than $100,000 shall be expended for repairs for the Northern Berkshire YMCA complex located in the city of North Adams" and inserting in place thereof the following words:- provided further, that not less than $100,000 shall be expended to the city of North Adams to complete renovations to the building located on 22 Brickyard court and such funds shall be made available until June 30, 2025.

Said item 4590-1507 of said section 2 of said chapter 28, as so appearing, is hereby further amended by striking out the words "provided further, that not less than $50,000 shall be expended for capital improvements to the former state armory building in the city of North Adams for the benefit of the Northern Berkshire Youth Basketball program" and inserting in place thereof the following words:- provided further, that not less than $50,000 shall be expended to the North Adams Youth Basketball program located in the city of North Adams for capital improvements and such funds shall be made available until June 30, 2025.

Item 7006-0071 of said section 2 of said chapter 28 is hereby amended by striking out the words "; and provided further, that not less than $25,000 shall be expended for the city of Chicopee to replace equipment in order to continue to provide public and community access on the televisions of residents".

Item 7008-1116 of said section 2 of said chapter 28, as amended by sections 187 and 188 of chapter 77 of the acts of 2023, is hereby further amended by inserting after the word "Sudbury" the following words:- and such funds shall be made available until June 30, 2025.

Said item 7008-1116 of said section 2 of said chapter 28 is hereby further amended by inserting after the words "route 7" the following words:- ; provided further, that not less than $25,000 shall be expended for Chicopee to replace equipment in order to continue to provide public and community access on the televisions of residents and such funds shall be made available until June 30, 2025.

Section 2A of chapter 77 of the acts of 2023 is hereby amended by striking out item 4400-1031 and inserting in place thereof the following item:-

4400-1031 For reimbursement to clients who have had their federal supplemental nutrition assistance program or summer electronic benefits for children program payments stolen through electronic benefit transfer card skimming, card cloning and other similar fraudulent methods, including organized identity theft schemes during the period of October 1, 2022 to June 30, 2025, inclusive, to the extent that federal funds will not cover the cost of reimbursement; provided, that claims for such reimbursement must be verified by the department of transitional assistance and must be reported to or identified by the department not later than July 31, 2025; and provided further, that the funds appropriated in this item shall not revert to the General Fund but shall be made available for these purposes through September 1, 2025....$1,000,000.

Not later than October 31, 2024, the department of early education and care shall submit a report to the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on education on a proposed methodology to calculate and assess the cost of providing high-quality early education and care. The methodology shall take into consideration the full cost of service delivery including, but not limited to, costs that vary based on: (i) geographic region; (ii) early education and care provider type and size; (iii) the age ranges of children served; (iv) group size and ratios; (v) the demographics of the populations served by early education and care providers; and (vi) costs of additional services to children and families with high needs, including staff and staff training necessary to accommodate children with disabilities or other high needs, interpreter services, mental health supports for children and staff and staff time required to provide comprehensive family engagement and services to ensure effective early education and promote multigenerational success.

In developing the methodology, the department shall consider the factors that affect the cost of service delivery including, but not limited to: (i) administration; (ii) staff pay and benefits; (iii) professional development and instructional coaching; (iv) operations and maintenance including, but not limited to, rent, equipment, technology, furniture and utility costs; (v) educational supplies and curricula; (vi) food services; and (vii) transportation services.

The department shall include in its report: (i) recommendations to annually assess and update the methodology to ensure continued alignment with the cost of providing high-quality early education and care and compliance with federal regulations; and (ii) recommendations regarding the use of the methodology to inform the development of child care financial assistance reimbursement rates under clause (e) of the second paragraph of section 2 of said chapter 15D of the General Laws and the distribution formula for the operational grant program established in section 19 of said chapter 15D.

(a) Not later than June 30, 2025, the executive office of labor and workforce development, in consultation with the department of early education and care and the executive office of economic development, shall conduct a study and make recommendations in a report to be filed with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on education. The report shall include, but not be limited to: (i) identifying and promoting employer best practices; (ii) exploring employer incentives to support additional early education and care benefits for their employees; (iii) examining the availability of state partnerships with the business community to support employees who have young children; (iv) exploring ways to improve collaboration across secretariats of state agencies to engage with the business community; (v) considering incentives or requirements for employers of a certain size or specific subgroups of employers to provide employer-supported early education and care benefits to employees; and (vi) considering the feasibility of assessing all or certain employers to fund expanded access to high quality, affordable early education and care. Prior to making its recommendations, the executive office of labor and workforce development shall meet with regionally-diverse stakeholders.

Not later than January 15, 2025, the department of early education and care shall submit to the house and senate committees on ways and means and the joint committee on education a preliminary report on the implementation and effects of the updated operational grant funding formula established pursuant to section 189 of this act and section 20 of chapter 15D of the General Laws and consistent with the reporting requirements of subsection (d) of said section 20 of said chapter 15D.

The department of early education and care shall establish the first early education and care career ladder pursuant to section 21 of chapter 15D of the General Laws not later than October 31, 2024.

Not later than January 1, 2025, the department of early education and care shall submit a report to the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on education relative to family, friend and neighbor care, which shall include, but not be limited to: (i) the feasibility of implementing and overseeing a family, friend and neighbor care network; (ii) the department structures necessary to evaluate and support a family, friend and neighbor care network; (iii) the sustainability of said network; and (iv) any legislative changes necessary to carry out the recommendations. Prior to reporting its findings, the department shall consult with Community Labor United Inc.'s Care That Works pilot program, New England United for Justice, Inc., Service Employees International Union, Local 509 and Massachusetts Child Care Resource and Referral Network, Inc.

Not later than December 31, 2025, the department of early education and care, in consultation with the Children's Investment Fund, Inc. and the Community Economic Development Assistance Corporation, shall file a report with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on education detailing proposed improvements to the Early Education and Out of School Time Capital Fund established in section 18 of chapter 15D of the General Laws. The report shall include, but not be limited to: (i) proposed grant eligibility criteria; (ii) proposed size of grants; (iii) proposed ways to streamline the application process; (iv) any other parameters to increase the impact of the fund and ensure that funds reach intended recipients; and (v) any data available on unmet needs for early education and care facilities improvements.

Not later than February 28, 2025, the department of early education and care shall file a report on the impact and utilization of operational grant funding program established under section 189 of this act and section 20 of chapter 15D of the General Laws by multi-site, for-profit center-based child care providers who receive operational grants. The report shall be filed with the clerks of senate and the house of representatives, the senate and house committees on ways and means and the joint committee on education. The report shall include information about:

(i) the number of such entities that operate multi-site center-based programs in the commonwealth and the number of sites operated;

(ii) the number and percent of children served in such programs;

(iii) an analysis of the amount of grant funding distributed to each early education and care provider, including data on grant spending delineated by category of spending;

(iv) an analysis of the operations of such providers in other states, including an analysis of the impact, if any, on capacity and tuition costs for such providers when states exhausted COVID-19-related supplemental Child Care Development Fund funding; and

(iv) Any other information deemed necessary by the department to inform future formula adjustments to operational grants.

(a) Notwithstanding any general or special law to the contrary, the department of early education and care shall distribute operational grant funding for fiscal year 2025 through the following formula:

(i) providers with enrollment including at least 25 per cent of children receiving child care financial assistance, otherwise serving at least 25 per cent of low and at-risk children or head start or early head start program shall receive not less than 50.5 per cent of operational grant funding distributed in a fiscal year;

(ii) providers with enrollment including at least 1 per cent but less than 25 per cent of children receiving child care financial assistance shall receive not less than 28.4 per cent of operational grant funding distributed in a fiscal year; and

(iii) providers serving no children receiving child care financial assistance shall receive not more than 21.1 per cent of operational grant funding distributed in a fiscal year.

(b) A provider that is not an "eligible organization" as defined in section 18 of chapter 15D of the General Laws and that, directly or through an affiliate, operates more than 10 center-based programs in the commonwealth shall not receive more than 1 per cent of annual program funds unless the provider is granted a waiver by the commissioner deeming such allocation of more than 1 per cent to be in the best interest of the commonwealth.

Notwithstanding any general or special law to the contrary, annually, not later than May 15, the department of early education and care shall report to the senate and house committees on ways and means the proportion of operational grant funding for the upcoming fiscal year estimated to be distributed to each of the following: (i) providers with enrollment including at least 25 per cent of children receiving child care financial assistance; (ii) providers with enrollment including at least 1 per cent but less than 25 per cent of children receiving child care financial assistance; and (iii) providers serving no children receiving child care financial assistance.

Section 190 is hereby repealed.

(a) The department of early education and care, in consultation with the executive office of labor and workforce development, the commonwealth corporation and the early education and care workforce council, established in section 79 of chapter 154 of the acts of 2018, shall conduct a study and submit a report making recommendations to: (i) enhance the early education and care workforce pipeline; and (ii) develop strategies and prioritization of programming and funding opportunities to ensure that the early educator workforce meets the needs of the commonwealth.

(b) The report shall include, but shall not be limited to, recommendations on: (i) recruiting new early education and care providers; (ii) developing apprenticeship programs and non-traditional recruitment opportunities as part of a curriculum-based service-learning program; (iii) collaborating with early education and care providers and vocational schools with curricula that include early education and care; (iv) retaining early educators; (v) incentivizing the development of family child care providers; and (vi) exploring the potential for the growth of family child care providers into center-based programs.

(c) The department of early education and care shall file the report, along with any recommendations, with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on education and the joint committee on labor and workforce development not later than June 30, 2025. The report shall be made publicly available on the websites of the department of early education and care and the executive office of labor and workforce development.

(a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may sell, lease for a term not to exceed 99 years, transfer or otherwise dispose of the Massachusetts Correctional Institution, Concord facility in the town of Concord which is currently used for correctional purposes. The commissioner of capital asset management and maintenance may determine the final boundaries of the parcels to be conveyed after completion of a survey.

(b)(1) The commissioner of capital asset management and maintenance shall study the existing conditions of the site of the real property described in subsection (a) and plan for the reuse of said property. The commissioner shall consult stakeholders including, but not limited to: (i) the secretary of housing and livable communities, or a designee; (ii) the secretary of transportation, or a designee; (iii) the secretary of public safety and security, or a designee; (iv) members of the select board of the town of Concord, or their designees; (v) members of any advisory body established by the select board of the town of Concord regarding the reuse of the Massachusetts Correctional Institution, Concord; (vi) the chair of the board of the Concord Housing Development Corporation, established pursuant to chapter 275 of the acts of 2006, or a designee; (vii) the Concord representative to the metropolitan area planning council; (viii) district council chair of the Urban Land Institute Boston/New England, or a designee; (ix) executive director of the Concord Business Partnership, or a designee; and (x) executive director of OARS, Inc., or a designee.

(2) Not less than 60 days prior to finalizing the study, the commissioner shall hold not less than 3 public hearings in the town of Concord, with an option for virtual participation, to receive public comment on the site planning and reuse of the property described in subsection (a); provided, however, that the commissioner shall provide timely notice of the public hearings. The first public hearing shall take place not later than 45 days after the effective date of this act.

(3) The commissioner shall prepare a written report summarizing the study findings pursuant to paragraph (1), which shall include, but not be limited to: (i) a summary of existing site conditions identified during the study; (ii) a summary of the provisions of existing and ongoing municipal plans, including the town of Concord's Envision Concord: Bridge to 2030 plan, Concord's zoning bylaws affecting the property described in subsection (a) and any ongoing or completed studies or reports by the advisory body established by the select board of the town of Concord regarding the reuse of the Massachusetts Correctional Institution, Concord; (iii) a summary of state, regional and local plans and policies that may affect or guide use of the property described in subsection (a), including, but not limited to, plans and policies encouraging the development of a variety of housing options, commercial and retail opportunities, jobs and open space and policies encouraging smart growth; (iv) a summary of input provided at the public hearings held pursuant to paragraph (2) and the input of each of the stakeholders described in paragraph (1); (v) an evaluation of the specific plan, including land use, density and site access recommended by the advisory body established by the select board of the town of Concord regarding the reuse of the Massachusetts Correctional Institution, Concord; and (vi) the potential reuses and use restrictions, if any, the commissioner deems appropriate for the property described in subsection (a).

(4) The commissioner shall file the report prepared pursuant to paragraph (3) with the clerks of the senate and house of representatives not less than 60 days prior to the sale, lease, transfer or other disposition of the property described in subsection (a); provided, however, that notwithstanding paragraph (5) the commissioner may, prior to the filing of the report: (i) grant easements and rights of access to the town of Concord; (ii) convey all or part of the property described in subsection (a) to the town of Concord in a manner consistent with paragraph (5); and (iii) convey or grant easements of any portion of the property to the Massachusetts Department of Transportation for the sole purpose of making improvements to state highway route 2.

(5) The commissioner shall dispose of the Massachusetts Correctional Institute, Concord real property: (i) by utilizing appropriate competitive processes and procedures; or (ii) through a sales-partnership agreement in accordance with subsection (d) with the town of Concord. Such competitive processes may include, without limitation, absolute auction, sealed bids and requests for price and development proposals. The real property shall be conveyed without warranties or representations by the commonwealth and shall be on such terms and conditions as the commissioner determines.

(c) A sales-partnership agreement pursuant to paragraph (5) of subsection (b) may: (i) require the town of Concord to conduct a competitive process and select a developer prior to disposition of the real property by the commonwealth; provided, however, that the commissioner of capital asset management and maintenance may transfer the real property directly to the developer selected by the town of Concord; or (ii) authorize the town of Concord to sell or lease the real property directly to a developer pursuant to chapter 30B of the General Laws. The consideration for the disposition of the real property to the town of Concord pursuant to a sales-partnership agreement shall be $1. If the town of Concord sells or leases any portion of the real property or the commonwealth disposes of real property directly to the developer selected by the town of Concord pursuant to a sales-partnership agreement, the net proceeds from such sale or lease as agreed to by the commissioner of capital asset management and maintenance and the town of Concord shall be allocated between the town of Concord and the commonwealth in equal shares; provided, however, that the commissioner may agree to reduce the share of the commonwealth's proceeds to not less than 40 per cent of the net proceeds in order to provide certain incentives to expedite the sale, lease or permitting of redevelopment by the town of Concord.

(d) Notwithstanding subsection (b) but subject to subsections (f) to (j), inclusive, the commissioner of capital asset management and maintenance may, not later than 30 days after the effective date of this act, make an offer to transfer the wastewater treatment facility located at Massachusetts Correctional Institution, Concord, and any other real property necessary thereto, to the town of Concord for a direct public use, as defined in section 33 of chapter 7C of the General Laws; provided, that the town of Concord shall have, as a right of first refusal, not less than 180 days to accept the commissioner's offer to acquire the property. Upon a refusal of the town of Concord of the commissioner's offer, including the expiration of said offer, the commissioner may dispose of the wastewater treatment facility and any other real property necessary thereto pursuant to said subsection (b).

(e) Not less than 30 days before the date of an auction or the date on which bids or proposals or other offers to purchase or lease the real property are due, the commissioner of capital asset management and maintenance shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating the availability of such property, the nature of the competitive process and other information deemed relevant, including the time and location of the auction, the submission of bids or proposals and the opening thereof. The commissioner shall not be required to place such notice if the property is conveyed to the town of Concord or a developer selected by the town of Concord in accordance with a sales-partnership agreement. Not less than 30 days before the date of an auction or the date on which bids or proposals or other offers to purchase or lease the real property are due, the commissioner of capital asset management and maintenance shall notify, the chair of the select board of the town of Concord and the members of the general court representing the town in writing regarding the availability of such property.

(f) The commissioner of capital asset management and maintenance shall establish the value of the real property through procedures customarily accepted by the appraising profession as valid for determining property value. The value shall be calculated both for: (i) the highest and best use of the property as may be encumbered; and (ii) subject to uses, restrictions and encumbrances defined by the commissioner. The commissioner shall submit the appraisal required by this subsection to the inspector general for review and comment. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of the review and file the report with the commissioner of capital asset management and maintenance for submission by the commissioner to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. The commissioner shall submit copies of the appraisal and the inspector general's review and approval and comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight not less than 15 days prior to the execution of any documents effecting any transfers authorized by this section.

(g) The commissioner of capital asset management and maintenance shall place a notice in the central register identifying the municipality, public agency, individual or firm selected as the party to such real property transaction and the amount of the transaction. If the commissioner accepts an amount below the value calculated pursuant to subsection (f), the commissioner shall include the justification therefore, specifying the difference between the calculated value and the price received.

(h) Notwithstanding subsection (b), the commissioner of capital asset management and maintenance may retain or grant rights of way or easements for access, egress, utilities and drainage across the property described in subsection (a) and across other property owned by the commonwealth that is contiguous to the property described in subsection (a) and may accept such rights of way or easements for access, egress, utilities and drainage as the commissioner considers necessary and appropriate to carry out this section.

(i) No agreement for the sale, lease, transfer or other disposition of real property pursuant to this section and no deed executed by or on behalf of the commonwealth shall be valid unless such agreement or deed contains a certification, signed by the commissioner of capital asset management and maintenance that certifies compliance with this section and which includes the following statement:

"The undersigned certifies under penalties of perjury that I have fully complied with the requirements of law related to any real property transfer of the parcel of land known as Massachusetts Correctional Institution, Concord."

(j) No agreement for the sale, lease, transfer or other disposition of real property pursuant to this section shall be valid unless the purchaser or lessee has executed and filed with the commissioner of capital asset management and maintenance the statement required by section 38 of chapter 7C of the General Laws.

(k) The grantee or lessee of any real property disposed of pursuant to this section shall be responsible for all costs, including, but not limited to, appraisals, surveys, plans, recordings and any other expenses relating to the disposition as deemed necessary by the commissioner of capital asset management and maintenance.

Notwithstanding section 59 of chapter 23K of the General Laws or any other general or special law to the contrary, 100 per cent of the revenue received from a category 1 licensee, as defined in section 2 of said chapter 23K, pursuant to subsection (a) of section 55 of said chapter 23K in fiscal year 2025 shall be transferred as follows:

(i) 30.1 per cent to the Gaming Local Aid Fund established in section 63 of said chapter 23K;

(ii) 20.6 per cent to the Commonwealth Transportation Fund established in section 2ZZZ of chapter 29 of the General Laws;

(iii) 19.4 per cent to the Education Fund established in section 64 of said chapter 23K;

(iv) 13.2 per cent to the Gaming Economic Development Fund established in section 2DDDD of said chapter 29;

(v) 6.2 per cent to the Local Capital Projects Fund established in section 2EEEE of said chapter 29;

(vi) 5 per cent to the Public Health Trust Fund established in section 58 of said chapter 23K;

(vii) 2.5 per cent to the Race Horse Development Fund established in section 60 of said chapter 23K;

(viii) 2 per cent of revenues to the Massachusetts Cultural and Performing Arts Mitigation Trust Fund established in section 2HHHHH of said chapter 29; and

(ix) 1 per cent to the Massachusetts Tourism Fund to fund tourist promotion agencies under subsection (b) of section 13T of chapter 23A of the General Laws.

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 2025 by increasing the final fiscal year 2024 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 2025. The division shall authorize the fiscal year 2025 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.

(a) There is hereby established a working group to develop and identify the future needs of the public higher education system to provide affordable, equitable and competitive higher education in the commonwealth.

(b) The working group shall include, but shall not be limited to: the secretary of administration and finance or a designee; the secretary of education or a designee; the Massachusetts climate chief or a designee; the commissioner of higher education or a designee; the commissioner of capital asset management and maintenance or a designee; the executive director of the Massachusetts clean energy center or a designee; the chairs of the joint committee on higher education; the chairs of the joint committee on bonding; a representative from the University of Massachusetts, appointed by the president of the University of Massachusetts; a representative from the state universities, appointed by the State Universities Council of Presidents; a representative of the Massachusetts association of community colleges; a representative of the University of Massachusetts Building Authority; and a representative of the Massachusetts State College Building Authority.

(c) The working group shall study and report on: (i) the feasibility and impacts of establishing a permanent financing structure using income surtax revenues for the issuance of debt for the benefit of public higher education capital needs; (ii) support for the University of Massachusetts Building Authority and the Massachusetts State College Building Authority to identify and finance investments in public higher education infrastructure; (iii) the capital funding necessary for public higher education campuses, broken down by campus; (iv) potential federal sources of reimbursement or grant funding for public higher education capital projects; (v) a prioritization process for public higher education capital needs; (vi) the total bonding capacity available for a public higher education capital projects bond legislation, including recommendations for the use of any general or special obligation bonds; (vii) a recommendation for a funding amount for future bond legislation for public higher education capital needs; (viii) potential processes for application, approval, design and delivery of capital projects for public higher education campuses; and (ix) possible investments for future bond legislation for public higher education capital needs, including, but not limited to, decarbonization, deferred maintenance and facilities improvement for the public higher education system of the commonwealth.

(d) Not later than March 1, 2025, the working group shall submit its report, including any proposed legislation necessary to carry out its recommendations, to the governor, the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on higher education and the joint committee on bonding.

The Massachusetts Port Authority shall construct and maintain from available funds, an enhanced runway safety area at the end of runway 27, including a pier that extends into Boston harbor over tidelands, at the General Edward Lawrence Logan International Airport. The runway safety area at the end of runway 27 shall extend approximately 460 feet beyond the harbor line of 1966 between points C and D pursuant to chapter 733 of the acts of 1966. The construction and maintenance of the runway safety area shall be subject to chapter 91 of the General Laws.

There shall be a task force to study post-retirement employment of public employees. The task force shall consist of: 1 member appointed by the president of the senate, who shall serve as co-chair; 1 member appointed by the speaker of the house of representatives, who shall serve as co-chair; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; the executive director of the public employee retirement administration commission or a designee; the executive director of the state retirement board or a designee; the executive director of the teachers' retirement system or a designee; the inspector general or a designee; the commissioner of revenue or a designee; the president of the Retired State County & Municipal Employees Association of Massachusetts; the executive director of the Massachusetts Municipal Association, Inc.; the president of the Massachusetts Taxpayers Foundation, Inc.; and 2 members appointed by the governor, 1 of whom shall be a member of a union representing state employees and 1 of whom shall be a member of a union representing municipal employees.

The task force shall evaluate the process, limits and controls for post-retirement employment of public employees subject to section 91 of chapter 32 of the General Laws. The study shall include, but not be limited to: (i) an evaluation of proposed standards to track post-retirement earnings and hours; (ii) an evaluation of proposed disclosure and reporting requirements for public retirees and employers, including verification of potential employees' status as a public retiree; (iii) an evaluation of a system for reporting such post-retirement status to an oversight agency; (iv) an examination of methods to simplify the post-retirement earnings cap; (v) an evaluation of the feasibility of the department of revenue to conduct an annual earnings match for all public retirees; (vi) an evaluation of the feasibility of creating a new agency tasked with enforcing post-retirement earnings limits or enhancing the enforcement authority of the public employee retirement administration commission; (vii) an examination of proposed financial penalties for public retirees who knowingly and willfully exceed their post-retirement earnings cap; (viii) an evaluation of the different ways a public retiree may work for another public entity including as contractors, part-time employees, staff augmentation resources or any other employment model, along with recommendations to provide guidance for the use or prohibition of such models; and (ix) any other information the task force deems relevant.

The task force shall submit a report of its study, findings and recommendations, together with any draft legislation necessary to effectuate such recommendations, by filing it with the clerks of the senate and the house of representatives not later than June 30, 2025.

Notwithstanding any general or special law to the contrary and subject to all required federal approvals, the health safety net office established by section 65 of chapter 118E of the General Laws shall adjust the payment methodology for any federally qualified community health center established under chapter 147 of the acts of 1995 in a manner that shall negate the impact of any site-neutral payment policy on the rate of payment to said qualified community health centers. The office shall consult with affected centers prior to adjusting the payment methodology for said centers; provided, however, that the new funding policy shall be reflected in payments starting on January 1, 2025 and shall apply retroactively as of October 1, 2024.

(a) There shall be a special commission to study the implementation of vocational education annexes in gateway municipalities as defined in section 3A of chapter 23A of the General Laws. The commission shall investigate: (i) the cost of constructing 3,000 to 5,000 square feet of vocational annex classrooms at comprehensive high schools; (ii) methods to sustainably fund and staff regionally aligned vocational programming in the building trades for juniors and seniors at comprehensive high schools; and (iii) estimated costs and current funding streams to finance potential projects.

(b) The commission shall consist of: the chairs of the joint committee on education; 1 member appointed by the senate president, who shall serve as co-chair; 1 member appointed by the speaker of the house of representatives, who shall serve as co-chair; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; the secretary of education or a designee; the commissioner of elementary and secondary education or a designee; the executive director of the Massachusetts School Building Authority or a designee; 3 members to be appointed by the governor, 1 of whom shall be a representative of a gateway municipality with knowledge of municipal finance and 1 of whom shall be an individual with demonstrated expertise in the design and construction of cost-effective school buildings; the executive director of the Massachusetts Association of School Superintendents, Inc.; the president of the Massachusetts Association of School Committees, Inc.; the president of the Massachusetts Association of Vocational Administrators, Inc.; the president of the Massachusetts Chapter of the American Institute of Architects; the executive director of the Massachusetts Facilities Administrators Association; the president of the Massachusetts Teachers Association; the president of the American Federation of Teachers, Massachusetts; the president of the Home Builders Institute; the president of the Massachusetts Business Alliance for Education; the executive director of the Vocational Education Justice Coalition within the Massachusetts Community Action Network; and the president of the Massachusetts Building Trades Council.

(c) The commission shall submit a report of its findings and its recommendations for proposed legislation, if any, by filing the same with the clerks of the senate and house of representatives and the joint committee on education not later than March 1, 2025.

(a) There shall be a special commission on combatting antisemitism in the commonwealth. The commission shall: (i) report on trends and data related to incidents of antisemitism in the commonwealth; (ii) make recommendations for the implementation of the United States national strategy to counter antisemitism; (iii) identify and evaluate existing efforts to combat antisemitism in the commonwealth; (iv) identify best practices from efforts to combat antisemitism in other states and jurisdictions; (v) evaluate the commonwealth's hate crime statutes and whether any amendments would better protect residents from antisemitism and other similar forms of hatred; and (vi) recommend strategies, programs and legislation to combat antisemitism in the commonwealth. The commission shall submit a report of its study and recommendations to the clerks of the house of representatives and the senate and the senate and house committees on ways and means not later than November 30, 2024.

(b) The commission shall consist of: 3 persons appointed by the senate president, 1 of whom shall have expertise in combatting antisemitism and 1 of whom shall represent a Jewish community organization in the commonwealth; 3 persons appointed by the speaker of the house of representatives, 1 of whom shall have expertise in combatting antisemitism and 1 of whom shall represent a Jewish community organization in the commonwealth; 1 member who shall be appointed by the minority leader of the house of representatives; 1 member who shall be appointed by the minority leader of the senate; 2 persons appointed by the governor, 1 of whom shall have expertise in legal issues related to civil rights and civil liberties; 2 persons appointed by the Massachusetts Municipal Association, Inc.; the attorney general or a designee; the chair of the Massachusetts Commission Against Discrimination or a designee; the commissioner of higher education or a designee; the commissioner of elementary and secondary education or a designee; 1 person appointed by the Massachusetts District Attorneys Association; 1 person appointed by the Massachusetts Chiefs of Police Association Incorporated; and 1 member appointed by the Massachusetts Association of School Superintendents, Inc. The senate president and the speaker of the house of representatives shall each designate a co-chair from their respective appointees.

(a) There shall be a special commission to study cost-of-living adjustments for members of the state employees' retirement system and state teachers' retirement system. The study shall include, but shall not be limited to: (i) a review of the feasibility of possible increases in the maximum base amount, on which timely periodic cost-of living adjustments are calculated; (ii) an estimate of the fiscal impact of an increase pursuant to clause (i); and (iii) sustainable methods of funding timely periodic cost-of-living adjustments for members of said systems. The commission may request, and the public employee retirement administration commission and the Massachusetts teachers' retirement board shall provide, actuarial reports and studies relevant to carry out the work of this section.

(b) The commission shall consist of the following members or their designees: the chairs of the joint committee on public service; the secretary of administration and finance; the executive director of the public employee retirement administration commission; a representative of the pension reserves investment management board; a representative of the Massachusetts Taxpayers Foundation, Inc.; and 3 members to be appointed by the governor: 1 of whom shall be a representative appointed by the Retired State, County and Municipal Employees Association of Massachusetts, 1 of whom shall be a representative appointed by the state board of retirement and 1 of whom shall be a representative appointed by the Massachusetts teachers' retirement board. The board shall elect from its members a chair.

(c) Not later than February 1, 2025, the commission shall file a report with the clerks of the house of representatives and the senate providing the results of its study and its recommendations, if any, together with drafts of proposed legislation necessary to carry its recommendations into effect.

(a) There is hereby established a stakeholder lottery modernization committee. The committee shall be comprised of the following members: a representative from the New England Convenience Store and Energy Marketers Association, Inc.; a representative from the Retailers Association of Massachusetts, Inc.; a representative operating as a licensed sales agent in a brick and mortar retail store in the commonwealth chosen by the director of the lottery and appointed to a 1-year term; a representative of the Massachusetts Restaurant Association, Inc.; a representative from the Massachusetts Council on Gaming and Health, Inc.; and any other member the executive director of the lottery deems necessary to carry out the work of the committee, who shall be appointed and serve for a 1-year term.

(b) The committee shall submit recommendations to the lottery commission, established by section 23 of chapter 10 of the General Laws, for the development and implementation of: (i) modernization of the lottery system comprised of traditional brick and mortar lotteries; and (ii) lotteries conducted online, over the internet and through the use of mobile phone applications.

(c) The committee shall review all processing fees associated with point of sale transactions using debit cards and make recommendations to the director of the lottery on the processing fees derived from the use of debit cards.

(d)(1) The committee shall meet monthly until the first sale of an online lottery ticket or share. The committee shall submit recommendations to the director of the lottery commission pursuant to subsections (b) and (c).

(2) For 18 months after the first sale of an online lottery ticket or share, the committee shall meet quarterly to review lottery modernization and to develop and submit recommendations to the director of the lottery commission pursuant to subsections (b) and (c).

(e) At the first meeting of the committee, members of the committee shall elect a chair by simple majority vote, who shall establish the agenda for all meetings and preside over meetings. A simple majority of members of the advisory board shall be present for actions to be taken.

(f) Nothing in this section shall be construed to allow the committee access to information that is not available pursuant to section 10 of chapter 66 of the General Laws.

(g) Nothing in this section shall prevent any member of the stakeholder lottery modernization committee from making their own independent recommendation to the director of the lottery.

Not later than 30 days after the sale of the first online lottery ticket or share the director of the lottery commission shall submit a public notice with the state secretary for publication in the Massachusetts register of the date of the first sale.

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

"Department", the department of conservation and recreation.

"Environmental justice population", as defined in section 62 of chapter 30 of the General Laws.

"Environmental justice principles", as defined in said section 62 of said chapter 30.

"Riverside neighborhood", the portions of the city of Cambridge bounded by the Charles river, River street, Massachusetts avenue and John F. Kennedy street, as shown on a map titled "Riverside, Cambridge, Massachusetts" on file with the Cambridge Community Development Department Cambridge GIS.

(b) Notwithstanding any general or special law to the contrary, there shall be a task force to study and make recommendations to the department to: (i) address equitable access to the Charles river in the area between the Longfellow bridge and the Eliot bridge; (ii) ensure that inclusive processes are in place to engage all relevant stakeholders when decisions involving the Charles river area are made; and (iii) improve communication with all involved stakeholders.

(c) The task force's recommendations pursuant to subsection (b) and report pursuant to subsection (g) shall include, but shall not be limited to, ways to: (i) ensure that the department considers environmental justice principles when making decisions involving the area of the Charles river between the Longfellow bridge and the Eliot bridge; (ii) ensure that all stakeholders are engaged when substantive decisions are made regarding closing or limiting access to Memorial drive; (iii) ensure that the residents of the abutting neighborhood receive proper notification when the department makes changes to access to Memorial drive; and (iv) improve programming along the Charles river that may be enjoyed by a wide variety of stakeholders.

(d) The task force shall consist of: the commissioner of the department, or a designee, who shall serve as co-chair; the undersecretary of environmental justice and equity within the executive office of energy and environmental affairs, or a designee, who shall serve as co-chair; the director of the bureau of climate and environmental health within the department of public health, or a designee; 1 member appointed by Cambridge Health Alliance; 1 member appointed by the Cambridge Redevelopment Authority; 1 member appointed by the Cambridge branch of the NAACP; 1 member appointed by the Cambridge Black Pastors Alliance, Inc.; 1 member appointed by My Brother's Keeper Cambridge; 1 member appointed by the Massachusetts Bicycle Coalition, Incorporated; 1 member appointed by the Charles River Conservancy, Inc.; 1 member appointed by Cambridge Mothers Out Front; 1 member appointed by The Nature Conservancy of Massachusetts, Inc.; 1 member appointed by the Charles River Watershed Association; 1 member appointed by The People for Riverbend Park Trust; and not less than 6 individuals whose primary residence is within 1/2 mile of the Charles river and who are members of an environmental justice population or live in subsidized housing; provided, however, that at least 2 of the individuals shall reside in the Riverside neighborhood. Task force membership shall reflect diverse representation in the commonwealth, including, but not limited to, diverse cultures, races, ethnicities, languages, disabilities, gender identities, sexual orientations, geographic locations and ages.

(e) The task force may consult with the department to inform its work. The department shall provide to the task force requested information relevant to the work of the task force.

(f) The task force shall hold not less than 3 public hearings and accept public comment before filing its final report pursuant to subsection (g).

(g) Not later than June 30, 2025, the task force shall submit a report with its recommendations to the clerks of the house of representatives and the senate.

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

"Lay off", a reduction in force or reorganization resulting from declining enrollment or other budgetary reasons.

"Lay off requirements", the requirements as described in the last paragraph of section 42 of chapter 71 of the General Laws.

(b) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall study and report on the impacts of lay off requirements on teacher diversity in the commonwealth.

(c)(1) Not later than October 1, 2025, the department of elementary and secondary education shall file a report with the clerks of the house of representatives and the senate and the joint committee on education, including an analysis and recommendations on the impacts of the lay off requirements on teacher diversity.

(2) The report shall include, but shall not be limited to: (i) an analysis of the demographics of teachers that were laid off relative to their representation in the commonwealth's teacher workforce in school years 2023-2024 and 2024-2025, including an analysis related to any disproportionate lay offs for teachers of color; (ii) data on any teachers laid off in the school years 2023-2024 and 2024-2025 and their performance evaluation ratings in the school years immediately prior to the school year in which they were laid off; (iii) an analysis detailing the extent to which teachers who worked at schools with large numbers of high-needs students were laid off in the school years 2023-2024 and 2024-2025, including an analysis related to any disproportionate lay offs for teachers of color; and (iv) an analysis detailing the extent to which teachers who worked at schools with low teacher retention were laid off in the school years 2023-2024 and 2024-2025, including an analysis related to any disproportionate lay offs for teachers of color.

Notwithstanding any general or special law to the contrary, the department of public utilities shall implement section 139 of chapter 164 of the General Laws not later than November 30, 2024.

Lynn Heritage state park in the city of Lynn shall be designated and known as Veterans Memorial park. The department of conservation and recreation shall erect and maintain suitable markers bearing such designation in compliance with the standards of the department.

Notwithstanding any general or special law to the contrary, grants from the amounts collected pursuant to subsection (a) of section 13T of chapter 23A of the General Laws allocated to regional tourism councils pursuant to clause (ii) of subsection (d) of said section 13T of said chapter 23A for fiscal year 2025 shall be distributed not later than December 1, 2024 pursuant to a transfer schedule determined by the executive office for administration and finance.

Notwithstanding any general or special law to the contrary, grants from the amounts collected pursuant to subsection (b) of section 13T of chapter 23A of the General Laws allocated to regional tourism councils pursuant to clause (ii) of subsection (d) of said section 13T of said chapter 23A for fiscal year 2024 shall be distributed not later than December 1, 2024 pursuant to a transfer schedule determined by the executive office for administration and finance.

To meet the language access and inclusion notice requirements pursuant to sections 81 to 83, inclusive, and sections 86, 87, 93 and 96, the department of revenue shall evaluate every 10 years the 7 most commonly spoken languages of the commonwealth utilizing the most recent data from the decennial federal census. The department shall update and prepare notices in language understandable by a least sophisticated consumer and the 7 most commonly spoken languages in the commonwealth, as established by the most recent census data.

A former owner or other previous holder of the right of redemption of property or their successors in interest, whose right of redemption was foreclosed upon by a final judgment of foreclosure entered on or after May 25, 2021, but before the effective date of this act, may file a written complaint in the superior court for the return of excess equity in accordance with section 64A of chapter 60 of the General Laws within 12 months after the effective date of this act; provided, however, that no claim for the return of excess equity may be asserted by any party where a land court judgment of foreclosure was entered and not appealed, on or before May 24, 2021.

There shall be a special commission to conduct a comprehensive study relative to current law and practice around the collection of delinquent property tax revenue by cities and towns.

The commission shall consist of: the chairs of the joint committee on revenue or their designees, who shall serve as co-chairs; the commissioner of revenue or a designee; the chief justice of the land court department or a designee; the chief justice of the superior court department or a designee; 1 member who shall be appointed by the senate president; 1 member who shall be appointed by the speaker of the house of representatives; 1 member who shall be appointed by the minority leader of the house of representatives; 1 member who shall be appointed by the minority leader of the senate; 1 member who shall be appointed by the governor; the attorney general or a designee; the executive director of the Massachusetts Municipal Association Inc.; the president of the Massachusetts Collectors' and Treasurers' Association, Inc; a representative of third-party purchasers of tax receivables; and a representative on property owners' rights.

The commission shall file a report that shall include, but not be limited to:

(i) an examination and assessment of the current local property tax collection processes, including property owner notification and communication, property tax deferral options or exemptions that exist for special classes, third-party investor and any subsequent foreclosure proceedings;

(ii) an examination of the role of purchasers of tax receivables, including third-party purchasers of tax receivables, on the collection of delinquent property tax revenue and any recommended changes to the practice;

(iii) recommended changes to the current statutory interest rate for delinquent property taxes, if any, and the effect such changes would have on municipal operations and finances;

(iv) an examination of the revenue impact on cities and towns from former owners seeking to recover lost equity to which they may be entitled following the United States Supreme Court ruling in Tyler v. Hennepin County, 598 U.S. 631 (2023);

(v) recommended changes to the statute of limitations for such claims, if any;

(vi) the feasibility of a neutral third-party, including special masters and arbitrators, to oversee the determination of excess equity;

(vii) recommendations to implement additional reforms to municipal payment agreements under section 62A of chapter 60 of the General Laws for seniors and individuals whose primary income source is disability benefits;

(viii) the collection and analysis of data, which may include the number of foreclosures of properties following a tax taking which resulted in the loss of excess equity by former property owners for the 3 years preceding the United States Supreme Court ruling in Tyler v. Hennepin County, 598 U.S. 631 (2023);

(ix) best practices in place in other states; and

(x) any other recommendations that the commission finds to be in the interest of property owners and municipalities.

The commission shall file its final report and its recommendations for legislation, if any, with the clerks of the senate and house of representatives, the joint committee on revenue and the senate and house committee on ways and means not later than December 31, 2025.

(a) There shall be a special commission to study and examine opportunities for collaboration and consolidation among the department of correction, the county sheriffs, the parole board and the office of community corrections. For the purposes of this section, "facility" shall include a correctional facility, a house of correction and a jail.

(b) The commission shall develop a list of alternatives to the distribution of responsibilities and oversight of facilities and shall consider any positive and negative impacts of each alternative. In developing alternatives, the commission shall: (i) consider the long-term fiscal sustainability of the facilities and recognize the need to reduce the cost to taxpayers of maintaining and operating facilities below capacity; (ii) recognize the need to provide safe and humane facilities for incarcerated persons; (iii) preserve flexibility to respond in a cost-effective manner to changes in incarceration levels; (iv) recognize the importance of evidence-based rehabilitative programming for incarcerated persons; (v) recognize the value of community-integrated reentry support services; (vi) recognize the advantages of local facilities for pretrial confinement and short incarcerations; (vii) recognize the advantages of local facilities in supporting family and community connections; (viii) recognize the value of existing facilities and other investments; (ix) recognize the need for increasing regional collaboration; (x) recognize the unique roles of sheriffs in varying urban and rural regions; (xi) recognize the unique issues posed by incarcerating female and LGTBQ+ populations; (xii) recognize the importance of addressing the social determinants of health in reentry services; (xiii) recognize the role that community organizations play in reentry services; and (xiv) recognize the alternative needs that county sheriffs may address.

(c)(1) The commission shall consist of the 9 voting members and 11 nonvoting members.

(2) The 9 voting members shall include: 2 members appointed by the senate president, 1 of whom shall serve as co-chair; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; 2 members appointed by the speaker of the house of representatives, 1 of whom shall serve as co-chair; 3 members appointed by the governor who shall have experience in management, public finance, correctional policies and procedures or reentry and rehabilitative programming; provided, however, that no voting member shall be a present employee of a facility. The voting members on the commission shall reflect the geographic diversity of the commonwealth.

(3) The 11 nonvoting members shall include: the commissioner of probation, or a designee; 3 members appointed by the Massachusetts Sheriffs' Association, Inc.; 3 members appointed by the governor, of whom 1 shall be a retired correction officer, 1 shall be a social worker or other licensed mental health professional and 1 shall be a retired judge of the commonwealth; and 4 members to be appointed by the attorney general, of whom 1 shall be an advocate for prisoners' rights, 1 shall be a formerly incarcerated person whose sentence was served in a state correctional facility, 1 shall be a formerly incarcerated person whose sentence was served in a county correctional facility and 1 shall have expertise or experience in healthcare for incarcerated persons.

(4) Five voting members shall constitute a quorum. The first meeting of the commission shall be convened not more than 30 days after 5 voting members have been appointed.

(d) The commission shall submit a written report of its findings with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on public safety and homeland security not later than September 30, 2026.

(a) The board of higher education shall convene a task force to study and make recommendations on improving quality and affordability of higher education in the commonwealth, including state financial assistance programs for students domiciled in the commonwealth and attending the university of Massachusetts segment or the state university segment as defined under section 5 of chapter 15A of the General Laws.

The task force shall review and evaluate: (i) state assistance programs and funding, including, but not limited to, aid for tuition, fees, books, supplies and other costs of attendance and make recommendations to ensure the accessibility and affordability of said higher education institutions and how to achieve best outcomes; (ii) student costs and debts during and after attending said universities; (iii) programs that improve student success, including, but not limited to, academic support, career counseling, assistance with applying for state and federal benefits and improvements to facilities; (iv) improvements needed to increase the recruitment and retention of qualified adjunct and full-time faculty and staff; and (v) financial assistance program design and models to efficiently increase state assistance, improve outcomes and reduce student costs. The task force shall consider financial, logistical, cultural and other barriers affecting students, the financial resources of the state, the financial resources of students attending university and make recommendations to reduce barriers and increase access to high-quality higher education. The department of higher education may provide staff and research support to assist the task force.

(b) The task force shall consist of: 2 members of the board of higher education, who shall serve as co-chairs; the chairs of the joint committee on higher education or their designees; the secretary of education, or a designee; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; the commissioner of higher education, or a designee; the president of the University of Massachusetts, or a designee; a representative of the state universities; a representative of the community colleges; 5 persons appointed by the governor, 2 of whom shall represent faculty or staff working at a university and 2 of whom shall represent students currently enrolled at a public institution of higher education; the executive director of the Massachusetts Budget and Policy Center, Inc. or a designee; the executive director of the Massachusetts Taxpayers Foundation, Inc. or a designee; the executive director of the Massachusetts Business Roundtable, or a designee; the executive director from the Massachusetts Teachers Association, or a designee; and the executive director of the Massachusetts Business Alliance for Education, Inc.

(c) The commission shall submit an initial report to the clerks of the senate and house of representatives and the house and senate committee on ways and means not later than December 15, 2024. The commission shall submit a final report to the clerks of the senate and house of representatives and the house and senate committee on ways and means not later than March 31, 2025.

The secretary of administration and finance shall develop a plan, including estimated costs and a proposed timeline for implementation, to ensure that any state form or document issued by a state agency that requires an individual to indicate the individual's gender shall provide an opportunity for the individual to choose a gender option other than male or female; provided, however, that the secretary shall ensure that such a form or document complies with applicable federal rules and regulations. The secretary shall submit the plan to the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than January 1, 2025.

Not later than January 1, 2025, the registry of motor vehicles, the state secretary and any state agency, including, but not limited to, the department of children and families, the department of youth services, the department of mental health and the committee for public counsel services, that interacts with youth or young adults in the care of such state agency or provides youth or young adults with legal assistance shall develop materials for dissemination to inform youth and young adults of the options regarding sex and gender designations on state forms and documents pursuant to this act and develop processes to assist youth and young adults who wish to change their gender designation.

Within 60 days of the effective date of this act, the department of higher education shall designate members of the MassTransfer Steering Committee established under section 48 of chapter 15A of the General Laws. Not later than 1 year after the effective date of this act, the department of higher education shall publish the website pursuant to subsection (b) of said section 48 of said chapter 15A.

Notwithstanding any general law or special law to the contrary, the secretary of health and human services shall implement new annual funding of not less than $63,600,000 total computable within the state-directed Medicaid managed care incentive initiative payment mechanisms to the non-state-owned public hospital for each of the fiscal years 2024 to 2027, inclusive, at full levels, including the 20 per cent increase to the maximum payment amounts listed in items 2, 4 and 5 of section 6 of Attachment Q of the MassHealth demonstration waiver approved May 15, 2023, effective October 1, 2022 to December 31, 2027, inclusive, under subsection (a) of section 1115 of Title XI of the federal Social Security Act.

(a) Notwithstanding any general or special law to the contrary, the secretary of health and human services, in collaboration with the non-state-owned public hospital, shall seek any and all required federal approvals the secretary and the non-state-owned public hospital deem necessary to implement section 219, including any required waivers and other applicable submissions necessary to implement the state-directed payment mechanisms under 42 CFR 438.6(c).

(b) Notwithstanding any general or special law to the contrary, the payments to the non-state-owned public hospital shall be authorized annually by the secretary and shall be made through the Medical Assistance Trust Fund established in section 2QQQ of chapter 29 of the General Laws.

(c) The secretary of health and human services shall notify the house and senate committees on ways and means and the joint committee on health care financing of any federal approval received or denied pursuant to this section.

(a) Notwithstanding any general or special law to the contrary, in the event that the commonwealth does not receive initial federal approvals pursuant to section 219 that the secretary of health and human services determines necessary to implement said section 219, the secretary, in collaboration with the non-state-owned public hospital, shall develop and pursue alternative federal funding mechanisms, as necessary, to achieve the specified incremental federal funding pursuant to said section 219 and shall seek all necessary federal approvals.

(b) The secretary of health and human services shall notify the house and senate committees on ways and means and the joint committee on health care financing of any federal approval received or denied pursuant to this section.

(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 2025 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 2025 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 the unexpended balances of said items 0699-0015 and 0699-9100 of said section 2 in fiscal year 2025 are less than 10 per cent of all payments received by the commonwealth in fiscal year 2025 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 2025.

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, and 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 and including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32. The payments under this section shall be made only pursuant to distribution of money from the Commonwealth's Pension Liability Fund and any distribution, and the payments for which distributions are required, shall be detailed in a written report prepared quarterly by the secretary of administration and finance and submitted to the senate and house committees on ways and means and the joint committee on public service in advance of the distributions. 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 comptroller shall reduce any transfers attributable to capital gains tax collections required pursuant to section 5G of chapter 29 of the General Laws during fiscal year 2025 by an amount not to exceed $375,000,000 if the secretary of administration and finance makes a determination that the funds are needed and submits such determination in writing to the house and senate committees on ways and means that the funds are necessary to achieve balance for fiscal year 2025.

(a) Notwithstanding any general or special law to the contrary, the commissioner of revenue may establish a tax amnesty program during which all penalties that may be assessed by the commissioner shall be waived without the need for any showing by the taxpayer of reasonable cause or the absence of willful neglect for the failure of the taxpayer to: (i) timely file any proper return for any tax type and for any tax period; (ii) timely pay any tax liability; or (iii) pay the proper amount of any required estimated payment toward a tax liability. The waiver of a taxpayer's liability under this section shall apply if the taxpayer, prior to the expiration of the amnesty period, voluntarily files proper returns and pays the full amount of tax shown on the taxpayer's returns or upon the commissioner's assessments, including all interest due. The waiver shall not apply to any penalties that may be due pursuant to section 35A, 35D or 35F of chapter 62C of the General Laws with regard to returns filed pursuant to the tax amnesty program. The waiver of penalties shall not apply to any period for which the taxpayer does not file proper returns. The tax amnesty program shall apply to tax returns due on or before December 31, 2024. If a taxpayer comes into compliance with tax obligations pursuant to the tax amnesty program, the commissioner may apply limited look-back periods for unfiled returns, not to exceed 4 years, unless the commissioner determines that the taxpayer has acted with fraudulent intent. The scope of the tax amnesty program, including the particular tax types, periods covered and the applicability of the look-back periods, shall be determined by the commissioner.

(b) The tax amnesty program shall be established within fiscal year 2025 for a period of 60 days to be determined by the commissioner and shall expire not later than June 30, 2025. If a taxpayer fails to pay the full liability by June 30, 2025, the commissioner shall retain any payments made and shall apply the payments against the outstanding liability and the tax amnesty shall not apply.

(c)(1) The commissioner may offer tax amnesty to taxpayers who have failed to file required returns due for any tax period on or before December 31, 2024; provided, however, that the taxpayer shall file the required return and shall pay the tax shown as due on the return during the amnesty period.

(2) The commissioner shall not authorize the waiver of interest or any amount treated as interest.

(3) The commissioner's authority to waive penalties during the amnesty period shall not apply to any taxpayer who is or has been the subject of a tax-related criminal investigation or prosecution or to any taxpayer who delivers or discloses or has delivered or disclosed any false or fraudulent application, document, return or other statement.

(4) Any taxpayer who delivers or discloses a false or fraudulent application, document, return or other statement to the department of revenue in connection with a tax amnesty application pursuant to this section shall not be eligible for amnesty and shall be subject to the greater of: (i) the applicable penalties pursuant to chapter 62C of the General Laws; or (ii) a penalty not to exceed $10,000, which shall be calculated and assessed according to rules determined by the commissioner and may be subject to de minimis or other exceptions that the commissioner may consider appropriate. This penalty shall be subject to said chapter 62C and shall be added to and become part of the tax due.

(d) Tax amnesty shall not apply to penalties that the commissioner would not have the sole authority to waive including, but not limited to, fuel taxes administered under the International Fuel Tax Agreement or under the local option portions of taxes or excises collected for the benefit of cities, towns or state governmental authorities.

(e) The commissioner shall maintain records of the penalties waived pursuant to the tax amnesty program including, but not limited to: (i) the number of taxpayers provided with tax amnesty; (ii) the types of tax liability for which tax amnesty was provided and, for each type of liability, the amount of tax liability collected and the amount of penalties forgone by virtue of the tax amnesty program; and (iii) the total outstanding tax liability for amnesty-eligible taxpayers at the conclusion of the tax amnesty program after the collection of all funds pursuant to this section. The commissioner shall file a report detailing the tax amnesty program with the clerks of the senate and house of representatives, the house and senate committees on ways and means, the joint committee on revenue and the house and senate minority leaders not later than September 1, 2025. The report shall not contain information sufficient to identify an individual taxpayer or the tax amnesty provided to an individual taxpayer pursuant to this section.

(f) The commissioner shall establish administrative procedures and methods to prevent a taxpayer who utilizes the tax amnesty program from utilizing any future tax amnesty programs for the next 10 consecutive years, beginning in calendar year 2024.

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 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 2025 to support the Medicare Saving or Medicare Buy-In programs established in section 25A of said chapter 118E; provided, however, that not less than 45 days in advance of the transfer, the secretary of health and human services shall certify in writing to the house and senate committees on ways and means 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 Social Security Act, 42 U.S.C. 1315, or as an adjustment to service rate payments under Title XIX and XXI of the Social Security Act or a combination of both. Other federally permissible funding mechanisms available for certain hospitals, as defined by regulations of the executive office of health and human services, may be used to reimburse up to $70,000,000 of uncompensated care pursuant to sections 66 and 69 of said chapter 118E using sources distinct from the funding made available to the Health Safety Net Trust Fund.

Notwithstanding any general or special law to the contrary, not later than October 1, 2024 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, 2024. 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. The comptroller shall transfer from the Health Safety Net Trust Fund to the General Fund, not later than June 30, 2025, 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.

Notwithstanding any general or special law to the contrary, prior to transferring the consolidated net surplus in the budgetary funds for fiscal year 2025 to the Commonwealth Stabilization Fund pursuant to section 5C of chapter 29 of the General Laws, the comptroller shall transfer $14,000,000 from the General Fund to the Disaster Relief and Resiliency Fund established in section 2HHHHHH of said chapter 29.

Notwithstanding any general or special law to the contrary, for fiscal year 2025, $160,000,000 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 2025, $90,500,000 of the amount transferred from said item 1595-6370 of said section 2E shall be distributed based on fiscal year 2024 distributions in accordance with the updated fiscal year 2024 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 2024; and provided further, that $3,500,000 shall be distributed to each regional transit authority based on the following formula: (i) 60 per cent based on total transit ridership as reported on the most recent certified national transit data base report; (ii) 30 per cent based on the population of its member communities from the most recent census; and (iii) 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 include any such collected data in a report on the performance of regional transit authorities, detailing each authority's progress towards meeting the performance metrics established in each memorandum of understanding.

Notwithstanding any general or special law to the contrary, in hospital fiscal year 2025, the office of inspector general may expend not more than $1,000,000 from the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws for costs associated with maintaining a health safety net audit unit within the office. The unit shall continue to oversee and examine the practices in hospitals including, but not limited to, the care of the uninsured and the resulting free charges. The unit shall also study and review the Medicaid program under said chapter 118E including, but not limited to, a review of the program's eligibility requirements, utilization, claims administration and compliance with federal mandates. The inspector general shall submit a report to the senate and house committees on ways and means detailing the results of the audits and any other completed analyses not later than March 1, 2025.

Notwithstanding any general or special law to the contrary, nursing facility rates to be effective on October 1, 2024 under section 13D of chapter 118E of the General Laws may be developed using the costs of calendar year 2019.

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.

Not later than June 30, 2025, the executive office of health and human services and MassHealth shall establish rules and regulations for the implementation of paragraph 6 of subsection (e) of section 9D of chapter 118E of the General Laws, as inserted by section 116.

Notwithstanding section 6 of chapter 6D of the General Laws, section 7 of chapter 12C of the General Laws, section 24N of chapter 111 of the General Laws, section 69A of chapter 118E of the General Laws or any other general or special law to the contrary, the surcharges to be collected pursuant to said section 6 of said chapter 6D, said section 7 of said chapter 12C, said section 24N of said chapter 111 and said section 69A of said chapter 118E shall be collected for the period beginning with the start of the applicable assessment year for each such surcharge through the later of: (i) 1 full calendar month following the calendar month in which the secretary receives all federal approvals deemed necessary pursuant to section 236; or (ii) December 31, 2024, and shall not be collected for the period beginning the later of: (A) 1 full calendar month following the calendar month in which the secretary receives all federal approvals deemed necessary pursuant to section 236; or (B) January 1, 2025, through the end date of the applicable assessment year. Any payment obligation of any surcharge payor pursuant to said section 6 of said chapter 6D, said section 7 of said chapter 12C, said section 24N of said chapter 111 or said section 69A of said chapter 118E existing as of the later of (i) one full calendar month following the calendar month in which the secretary receives all federal approvals deemed necessary pursuant to section 236, or (ii) December 31, 2024, shall survive until such transfer or payment obligation is satisfied. The secretary of health and human services may promulgate regulations to implement this section.

Notwithstanding any general or special law to the contrary, the secretary of health and human services shall seek all required federal approvals that the secretary deems necessary to implement sections 4, 5, 18, 19, 20, 58, 111, 120, 121, 122, 123, 124, 126, 127, 130, 131 and 235, including any required waivers under 42 CFR § 433.68 necessary to implement the managed care organization services assessment described in section 68 of chapter 118E of the General Laws.

If, after having received any required federal approval necessary to implement sections 4, 5, 18, 19, 20, 58, 111, 120, 121, 122, 123, 124, 126, 127, 130, 131 and 235, such approval is withdrawn or is otherwise not in effect or if the secretary determines that a change in federal law or regulations or the administration of any such federal law or regulation requires a modification to the managed care organization services assessment described in said section 68 of said chapter 118E or to the implementation of the Health Safety Net Trust Fund established in section 66 of said chapter 118E, the Massachusetts Child Psychiatry Access Project Fund established in said section 2EEEEEE of said chapter 29 or the Managed Care Organization Services Reinvestment Fund established in said section 2FFFFFF of said chapter 29, the secretary shall notify the joint committee on health care financing and the house and senate committees on ways and means to develop alternatives.

Not later than February 15, 2026, and annually thereafter, the secretary shall report to the house and senate committees on ways and means and the joint committee on health care financing: (i) the amount of the assessment made and collected from each managed care organization's managed care organization services subject to assessment pursuant to said section 68 of said chapter 118E; and (ii) the amounts transferred to, deposited in, expended from and transferred from the Massachusetts Child Psychiatry Access Project Fund established in said section 2EEEEEE of said chapter 29 and the Managed Care Organization Services Reinvestment Fund established in said section 2FFFFFF of said chapter 29.

Notwithstanding any general or special law to the contrary, if the commonwealth does not receive all federal approvals pursuant to section 236 that the secretary of health and human services determines necessary to implement sections 4, 5, 18, 19, 20, 58, 111, 120, 121, 122, 123, 124, 126, 127, 130, 131 and 235, including any required waivers under 42 CFR § 433.68, said sections 4, 5, 18, 19, 20, 58, 111, 120, 121, 122, 123, 124, 126, 127, 130, 131 and 235 shall not become effective until the first full calendar month following the calendar month in which the secretary determines that all such federal approvals have been received. The secretary shall continue to seek all federal approvals necessary to implement said sections 4, 5, 18, 19, 20, 58, 111, 120, 121, 122, 123, 124, 126, 127, 130, 131 and 235 until such federal approvals have been received or the United States Department of Health and Human Services or the Centers for Medicare and Medicaid Services renders a final determination to deny the request for federal approvals determined necessary pursuant to section 236.

Section 237 is hereby repealed.

Notwithstanding section 186 of chapter 126 of the acts of 2022, sections 20, 23, 24, 57 and 63 of said chapter 126 shall take effect on October 1, 2027; provided, however, that any transfer or payment obligation existing under the second paragraph of section 2AAAAA of chapter 29 of the General Laws, subsection (c) of section 2TTTTT of said chapter 29 or subsection (c) of section 2UUUUU of said chapter 29 as of September 30, 2027, shall survive the effectiveness of this section.

Notwithstanding any general or special law to the contrary, the secretary of health and human services shall seek all required federal approvals the secretary deems necessary to implement sections 49, 51, 121, 125, 128, 129, 168 and 239, including any required waivers under 42 CFR § 433.68 necessary to implement the updates to the hospital assessment described in section 67 of chapter 118E of the General Laws. If, after having received any required federal approval necessary to implement said sections 49, 51, 121, 125, 128, 129, 168 and 239, such approval is withdrawn or is otherwise not in effect or if the secretary determines that a change in federal law or regulations or the administration of any such federal law or regulation requires a modification to the hospital assessment described in said section 67 of said chapter 118E or to the implementation of the Health Safety Net Trust Fund established in section 66 of said chapter 118E, the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of chapter 29 of the General Laws, the Safety Net Provider Trust Fund established in section 2AAAAA of said chapter 29, the Hospital Investment and Performance Trust Fund established in section 2TTTTT of said chapter 29 or the Population Health Investment Trust Fund established in section 2UUUUU of said chapter 29, the secretary shall provide written notification to the joint committee on health care financing and the house and senate committees on ways and means and shall consult with the Massachusetts Health and Hospital Association, Inc. to develop alternatives.

Not later than February 15, 2026, and annually thereafter, the secretary shall report to the joint committee on health care financing and the house and senate committees on ways and means: (i) the amount of the assessment made and collected from each hospital pursuant to said section 67 of said chapter 118E; and (ii) the amounts transferred to, deposited in, expended from and transferred from the Hospital Investment and Performance Trust Fund established in said section 2TTTTT of said chapter 29 and the Population Health Investment Trust Fund established in said section 2UUUUU of said chapter 29.

Notwithstanding any general or special law to the contrary, if the commonwealth does not receive all federal approvals pursuant to section 240 that the secretary of health and human services determines necessary to implement sections 49, 51, 121, 125, 128, 129, 168 and 239, including any required waivers under 42 CFR § 433.68, said sections 49, 51, 121, 125, 128, 129, 168 and 239 shall not become effective until the first full calendar month following the calendar month in which the secretary determines all such federal approvals have been received. The secretary, in consultation with representatives of the Massachusetts Health and Hospital Association, Inc. shall continue to seek all federal approvals necessary to implement said sections 49, 51, 121, 125, 128, 129, 168 and 239 until such federal approvals are received or until the United States Department of Health and Human Services or the Centers for Medicare and Medicaid Services renders a final determination to deny the request for federal approvals determined necessary pursuant to section 240.

Section 240 is hereby repealed.

Section 18 of chapter 28 of the acts of 2023 is hereby repealed.

Section 203 is hereby repealed.

Section 219 to 221, inclusive, are hereby repealed.

Section 169 shall take effect on June 30, 2024.

Section 104 shall take effect 60 days after the effective date of this act.

Sections 49, 51, 121, 125, 128, 129, 168 and 239 shall take effect upon the later of (i) one full calendar month following the calendar month in which the secretary receives all federal approvals deemed necessary to implement said sections; or (ii) October 1, 2024.

Section 135 shall take effect on October 31, 2024.

Sections 80 to 99, inclusive, shall take effect on November 1, 2024.

Section 100, 101 and 103 shall take effect for taxable years beginning on or after January 1, 2024.

Sections 4, 5, 18, 19, 20, 58, 111, 120, 121, 122, 123, 124, 126, 130 and 131 shall take effect upon the later of (i) one full calendar month following the calendar month in which the secretary receives all federal approvals deemed necessary to implement said sections; or (ii) January 1, 2025.

Section 32 and section 21 of chapter 15D of the General Laws, as inserted by section 36, shall take effect on January 15, 2025.

Section 20 of chapter 15D of the General Laws, as inserted by section 36, and sections 71, 72 and 73 shall take effect on July 1, 2025.

Section 57 shall take effect on July 31, 2025.

Sections 117, 118 and 119 shall take effect upon the earlier of: (i) the receipt of all necessary federal approvals, including state plan and 1115 demonstration amendments; or (ii) January 1, 2025.

Section 244 shall take effect 18 months after the date of the first sale of an online lottery ticket or share consistent with the date pursuant to section 204.

Sections 127 and 242 shall take effect on October 1, 2027.

Section 191 shall take effect on March 1, 2028.

Section 245 shall take effect on October 1, 2028.

Subsection (c1/2) of section 20 of chapter 15D of the General Laws, as inserted by section 36, is hereby repealed.

Section 261 shall take effect June 30, 2029.

Section 238 shall take effect on January 1, 2030.

Except as otherwise specified, this act shall take effect on July 1, 2024.