Administration & Finance - Related Outside Sections Detail

Executive Office for Administration and Finance
Office of the Secretary of Administration and Finance

Operational Services Division Renamed Division of Procurement SECTION 7. The General Laws shall be amended as follows:- The term "division of procurement" shall be substituted for the term "operational services division" wherever it appears in sections 4A and 4L of chapter 7, in section 29G of chapter 29, in section 51 of chapter 30, and wherever else it appears in the General Laws. In section 4A of chapter 7 the term "procurement" shall be substituted for the term "operational services" in the second sentence thereof, and the term "assistant secretary for procurement" shall be substituted for the term "assistant secretary for operational services" in the first sentence of subsection (a) thereof. The term "chief procurement officer" shall be substituted for the term "state purchasing agent" and for the term "purchasing agent" wherever these terms appear in section 1, 6, 8, of chapter 5, in section 134 of chapter 6, in sections 4A, 15, 22, 22A, 22D, 22I, 25, 25A, 26, 27, 27A, 28, 29 of chapter 7, in section 24 of chapter 15A , in section 29G of chapter 29, in sections 35 and 52 of chapter 30, in section 15 of chapter 73, and wherever else it appears in the General Laws.


Repeal of Fund SECTION 17. Section 2FF of chapter 29 of the General Laws, as so appearing, is hereby repealed. As of the effective date of this section, the comptroller shall transfer any remaining balance in the fund to the General Fund.


Establishment of the Medical Assistance Trust Fund SECTION 18. Said chapter 29, as so appearing, is hereby amended by adding the following:- Section 2OOO. There shall be established on the books of the commonwealth the Medical Assistance Trust Fund, which shall be administered by the secretary of health and human services. Funds from this account may be expended for supplemental Medicaid payments to qualifying providers pursuant to an approved state plan or federal waiver. Amounts credited to the fund shall not be subject to further appropriation.


Online Municipal Procurement Notices SECTION 25. Subsection (c) of section 5 of said chapter 30B, as so appearing, is hereby amended in the first sentence of clause (5) by inserting, after the words "governmental body", the following words "or, in the alternative, on a public internet web site of either the governmental body or of the Commonwealth".


Pension Reform SECTION 29. Section 1 of chapter 32 of the General Laws, as so appearing, is amended by striking out the definition of "regular compensation," in lines 378 through 457, inclusive, and inserting in place thereof the following: "Regular compensation'', during any period prior to January 1, 1946, shall mean the full salary, wages or other compensation in whatever form, lawfully determined for the individual service of the employee by the employing authority, from which regular deductions were made pursuant to the provisions of chapter 32 applicable from time to time prior to such date; provided, that if the amount of such salary, wages or other compensation has been reduced or increased during any such period as a general temporary adjustment due to the cost of living or to other economic conditions, and if the board has received from the appropriate authority a written notice of such fact or if the board is satisfied of such fact after an investigation which it shall make prior to July 1, 1946 or which it shall make thereafter and not later than six months after a system becomes operative for the employees of any governmental unit, such amount shall, for the purpose of any computations made under the provisions of sections one to 28, inclusive, involving the use of an annual or an average annual rate of regular compensation during any such period, but not for the purpose of affecting any regular deductions already made, remain unaffected by such general temporary adjustment. "Regular compensation'', subsequent to December 31, 1945, shall mean the salary, wages or other compensation in whatever form, lawfully determined for the individual service of the employee by the employing authority, not including bonus, overtime, severance pay for any and all unused sick leave, early retirement incentives, or any other payments made as a result of giving notice of retirement, but including evaluated maintenance as provided for in paragraph (c) of subdivision (1) of section 22, and including any part of such salary, wages or other compensation derived from federal grants except as provided in clause (xi) of paragraph (a) of subdivision (2) of section three; provided, that during any period subsequent to June 30, 1948, salary, wages or other compensation payable in the form of cost of living bonuses and cost of living pay adjustments shall be included in such term. In the case of a teacher employed in a public day school who is a member of the teachers' retirement system, salary payable under the terms of an annual contract for additional services in such a school and also compensation for services rendered by said teacher in connection with a school lunch program or for services in connection with a program of instruction of physical education and athletic contests as authorized by section 47 of chapter 71 shall be regarded as regular compensation rather than as bonus or overtime and shall be included in the salary on which deductions are to be paid to the annuity savings fund of the teachers' retirement system. In the case of police officers, firefighters and employees of a municipal department who are employed as fire alarm signal operators or signal maintenance repairmen, money paid for holidays shall be regarded as regular compensation rather than as overtime and shall be included in the salary on which deductions are to be paid to the annuity savings fund. Regular compensation shall also include all premiums paid by any governmental unit for the purchase of an individual or group annuity contract as authorized by section 18A of chapter 15 or section 37B of chapter 71. Regular compensation shall also mean compensation received by any member having made the election provided for in section 90G 1/2 or section 90G 3/4 and serving after age 70pursuant to section 90F, 90G or 90H. "Regular compensation'', during any period subsequent to June 30, 2006, shall mean the salary, wages or other compensation in whatever form, lawfully determined for the individual service of the employee by the employing authority and paid to or on behalf of a member as remuneration for services actually rendered or as periodic payments for paid sick, personal, bereavement, or vacation leave taken during a period of employment, or for payments made pursuant to section 111F of chapter 41 in the year or part of a year to which the compensation is attributed. Such payments must be ordinary, normal, recurrent, repeated, and of indefinite duration, and paid pursuant to an official written policy of the employer, a written employment agreement, or a collective bargaining agreement. Such payments must be uniformly available for employees who are similarly situated relative to the purpose of the payment, provided that variations of payments due to merit shall not exclude them for that reason from regular compensation. Provided they otherwise meet the requirements of this section, any amounts paid as educational incentives; any amounts paid as premiums for shift differentials; payments for length of service made recurrently to all employees in a collective bargaining unit having attained a specific length of service; payments for length of service made recurrently to all non-collective bargaining employees of an employer having attained a specific length of service; any amounts paid as cost-of-living bonuses or cost-of-living pay adjustments paid to all members of a collective bargaining unit or all non-collective bargaining employees of an employer; evaluated maintenance as provided for in paragraph (c) of subdivision (1) of section twenty-two; and any part of such salary, wages or other compensation derived from federal grants except as provided in clause (xi) of paragraph (a) of subdivision (2) of section three shall be considered regular compensation. Lump-sum or retroactive payments which would have been regular compensation if paid in the periods in which the services remunerated thereby were actually rendered will be allocated to said periods rather than being entirely attributed to the time of receipt for the purpose of determining a member's regular compensation. Exclusions from regular compensation shall include, but not be limited to, any amounts paid for overtime hours worked beyond the member's normal work schedule; any amounts paid as premiums for working holidays, unless otherwise required by law; any amounts paid as bonuses other than qualified cost-of-living bonuses as described in this section; any amounts paid in lieu of or for unused vacation, sick leave, or other leave; severance pay; any amounts paid as early retirement incentives; any other payments made as a result or in anticipation of the member giving notice of retirement; and any extraordinary or ad hoc payment amount, such as any payment to an employee or group of employees which will not recur or which will recur for only a limited or definite term.


Municipal GIC SECTION 30. Chapter 32B of the General Laws, as so appearing, is hereby amended by adding the following:- Section 3B. (a) Upon acceptance of this section as hereinafter provided, a governmental unit shall establish and maintain a committee, known as the group insurance committee. Said committee will be comprised of 7 members as follows: 4 persons to be appointed by the appropriate public authority, 2 persons to be elected by organizations of the governmental unit's employees, and 1 person who shall be a retiree of the governmental unit and who shall be appointed to membership on such committee by the appropriate public authority. Four members of the committee shall constitute a quorum. The committee may act upon a majority vote of a quorum at any meeting held in conformity with section 23B of chapter 39. (b) The group insurance committee shall have plenary authority to require changes in the design of any and all group general or blanket hospital, surgical, medical, dental and other health insurance plans, including the services of a health care organization, and including coverage offered on a self-funded basis pursuant to sections 3A, 11 or 12; provided however that this authority shall not include adjustments to the municipality and employee premium contributions. The plan design changes that may be required may include, but not be limited to, changes to co-pay amounts and deductibles. Such changes as the group insurance committee requires shall be (1) effective as of the date voted by the committee, (2) not subject to any amendments by the appropriate public authority and (3) shall not be subject to collective bargaining pursuant to Chapter 150E. (c)This section shall take effect in a county, city, town or district upon its acceptance in the following manner: in a county, by a vote of the county commissioners; in a city having a Plan D or a Plan E charter, by a majority vote of its city council and approved by the manager; in any other city by majority vote of its city council and approved by the mayor; in a town, by vote of the town meeting or town council; in a regional school district, by vote of the regional district school committee; and in all other districts, by vote of the registered voters of the district at a district meeting.


Setting Contribution Rates SECTION 31. Section 7A of said chapter 32B, as so appearing, is hereby amended by striking the last sentence in the first paragraph and inserting in place thereof the following:- Notwithstanding any general or special law or collective bargaining agreement to the contrary, in the case of a city, the city council acting with the approval of the mayor subject to the charter of said city, in the case of a town having a town council, the town council, and in every other town, the town meeting, shall set its maximum total monthly premium contribution, but, no eligible employee shall be required to pay more than 50 per cent of the total monthly premium cost or rate. Subject to the above limitations, a governmental unit may provide different subsidiary or additional rates to any group or class within that unit.


Tax Cut SECTION 33. Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:- (b) Part B taxable income shall be taxed at the rate of 5.15 per cent.


Tax Cut Year Two SECTION 34. Said section 4 of said chapter 62, as so appearing, is hereby further amended by striking out paragraph (b) and inserting in place thereof the following paragraph:- (b) Part B taxable income shall be taxed at the rate of 5.0 per cent.


Dual Enrollment SECTION 39. Said chapter 69, as so appearing, is hereby further amended by adding the following: Section 1O. (a) The board of higher education in consultation with the board of education and the president of the university of Massachusetts shall establish a discretionary grant program to be administered by the board of higher education, for the purpose of providing monies for public or private colleges to partner with high schools to offer dual enrollment programs or pilot early-college or middle-college programs in math and science courses: (b) In order to receive grant funding the program must provide: (1) simultaneous high school credit and transferable college credit; (2) courses taught by college faculty and include some experience on a college campus; (3) programs that include early outreach to middle school students to promote preparation for college; and (4) such data as requested to the board of higher education that includes an evaluation plan. (c) The board of higher education, in consultation with the board of education and the president of the university of Massachusetts shall promulgate such rules and regulations as necessary to implement this section.


Municipal GIC #2 SECTION 72. Notwithstanding any general or special law to the contrary, for fiscal years 2008 and thereafter, the amount allocated to each district's foundation budget pursuant to the definition of employee benefits and fixed charges allotment as specified in section 2 of chapter 70 of the General Laws shall be increased by 5 per cent on a county, city, town or district 's acceptance and implementation of subsections (a) and (b) of section 3B of chapter 32B.


Municipal GIC #3 SECTION 73. Notwithstanding any general or special law to the contrary, for fiscal year 2007 the amount allocated to each district's foundation budget to employee benefits and fixed charges as specified in section 40 of this act shall be increased by 5% percent


Health Care Security Trust Fund Transfer to General Fund SECTION 74. Notwithstanding any general or special law to the contrary, during fiscal year 2007, the comptroller shall transfer $50,000,000 from the Health Care Security Trust Fund, established under chapter 29D of the General Laws, to the General Fund.


Peterson Case Transfer SECTION 75. Notwithstanding any general or special law to the contrary, on or before June 30, 2007, the comptroller shall transfer $60,500,000 from the Commonwealth Stabilization Fund, established pursuant to section 2H of chapter 29 of the General Laws, to the General Fund for monies due taxpayers as a result of the enactment of sections 57, 57A, and 57B of chapter 163 of the acts of 2005.


Suspension of Transfer SECTION 76. Notwithstanding any general or special law to the contrary, during fiscal year 2007 there shall be no transfer by the comptroller of one-half of 1 per cent of the total revenue from taxes in the preceding fiscal year to the Stabilization Fund as specified in clause (a) of section 5c of chapter 29 of the General Laws.


Tobacco Settlement Monies SECTION 77. Notwithstanding any general or special law to the contrary, during fiscal year 2007, the comptroller shall transfer from the Health Care Security Trust, established under chapter 29D of the General Laws, to the General Fund an amount equal to 100 per cent of the total of all payments received by the commonwealth in fiscal year 2007 pursuant to the master settlement agreement in the action known as Commonwealth of Massachusetts v. Philip Morris, Inc., et. al., Middlesex Superior Court, No. 95-7378, and 50 per cent of the earnings generated in fiscal year 2007 from the Health Care Security Trust as certified by the comptroller pursuant to paragraph (f) of section 3 of chapter 29D of the General Laws for certain health care expenditures appropriated in section 2 of this act.


Disposition of State Surplus Real Property SECTION 78. (a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise: "Commissioner", the commissioner of the division of capital asset management and maintenance. "Division," the division of capital asset management and maintenance. "MassDevelopment", the Massachusetts development finance agency. "Net cash proceeds", all payments paid to the commonwealth as and when paid, less any expenses incurred by the division in connection with the custody, preparation of the surplus property and reasonable costs relating to the sale, for which it is not reimbursed, and less any amounts that may be owing to the federal government as a result of this disposition. "Real property", as defined in section 39A of chapter 7 of the General Laws. "State agency", as defined in said section 39A(v) of said chapter 7. "Surplus land coordination committee", or the "committee" established by subsection (e). "Surplus real property", real property of the commonwealth: (1) previously determined to be surplus to current and foreseeable state needs pursuant to sections 40F or 40F� of said chapter 7, or (2) determined to be surplus to current and foreseeable state needs pursuant to this section or to section 548 of chapter 26 of the acts of 2003. This term shall not include property subject to Article 97 of the Amendments to the Constitution. (b) Notwithstanding sections 40E to 40F�, inclusive, and 40H of said chapter 7, or any other general or special law to the contrary, the commissioner may sell, lease for a term not to exceed 99 years, transfer or otherwise dispose of surplus real property of the commonwealth, as specified in this section. (c) In order to determine if specified real property is surplus to the current and foreseeable needs of the commonwealth, the commissioner shall provide written notice and inquiry to the executive heads of state agencies and secretaries of the executive offices, who shall have 30 days to submit a written response indicating that the property is necessary for a specific current or foreseeable need of such agency. If no agency or executive office submits such a response within 30 days of the notice, the commissioner, in consultation with the surplus land coordination committee, may declare the property as surplus and dispose of it in accordance with this section. Alternatively, if a written response is timely received specifying a current or foreseeable need for the real property, the commissioner shall, in consultation with the secretary of administration and finance and with those responding affirmatively, determine whether the real property shall: (1) be made available for current use by a state agency, (2) be retained on account of a foreseeable use by a state agency, or (3) be declared surplus real property which may be disposed of pursuant to this section. (d) When real property is determined to be surplus to current state needs but not to foreseeable state needs, the commissioner shall take such necessary action to ensure that any disposition of the real property is temporary and maintains the commissioner's ability to make such real property available to a state agency as needed. (e) To facilitate inter-departmental communication within the executive branch concerning surplus property, there shall be a surplus land coordination committee. The committee shall consist of the secretary or designee of the executive office of environmental affairs, the secretary or designee of the executive office for administration and finance, the director or designee of the department of housing and community development, the commissioner or designee of the division, the president or designee of MassDevelopment, the executive director or designee of the Massachusetts municipal association and the executive director (or designee) of the Massachusetts association of regional planning agencies. The committee shall meet at least quarterly and shall advise the commissioner on the potential uses for the surplus property, including its suitability for housing or other development or preservation as open space, its economic development potential and what restrictions, if any, should be considered on its use and development. The committee may request that the MassDevelopment draft an economic development suitability analysis which shall include an analysis which considers the economic potential of the property, anticipated real estate and other applicable tax revenue to the commonwealth and the municipality in which the property is located, the estimated impact on commonwealth employment and other economic growth indicators. The economic development report for a parcel shall be delivered to the committee and the commissioner within 45 days after the request for such report. For preparing each economic development report, MassDevelopment shall be paid an amount equal to 1 per cent of the net cash proceeds from the sale of the property which is the subject of the economic development report. For parcels greater than 2 acres in size or when the committee considers it otherwise necessary for any particular parcel, the division shall conduct, within 45 days, a smart growth review. Such review shall consider the need for a variety of housing options, jobs and open space; current and prospective zoning of the site; the need for municipal capital facilities and public uses, impact of traffic and transit; impact on the environment and natural resources and on agricultural lands; existence of historically significant structures; availability of infrastructure, including water supply, waste water and storm water run-off; fiscal impact of development on the municipality where the parcel is located; remediation of contamination; other smart growth implications, and the local and regional implications of disposing of the parcel for a variety of prospective uses. The division shall undertake this review and submit a draft report to the committee. The committee must complete its review and comment on the draft smart growth review and the economic development report within 30 days of receipt of the review by the division. Following review and comment by the committee, the division shall complete the smart growth review and file a final report with the committee and with the joint committee on bonding, capital expenditures and state assets and with the officials referenced in subsection (f), which shall include its recommendations as to the proposed disposition of said property. For any parcel less than 25 acres in size, the commissioner may proceed to dispose of it in accordance with this section. For any parcel equal to or greater than 25 acres in size, the commissioner may dispose if it after one year from the date of the filing of the smart growth review, unless within such time period special legislation has been enacted directing the terms and conditions of the disposition or transfer of such parcel, in which case the commissioner shall proceed in accordance with such legislation. (f) If the commissioner, in consultation with the committee, determines that the real property is surplus, the commissioner shall: (1) provide written notice for each city or town in which the property is located to the city manager in the case of a city under Plan E form of government, the mayor and city council in the case of all other cities, the chairman of the board of selectmen in the case of a town, the county commissioners, the regional planning agency and the members of the general court representing the city or town in which the property is located as well as surrounding cities or towns; (2) declare it available for disposition and identify any restrictions on its use and development necessary to comply with the policies and principles established by the commonwealth development coordinating council, established in section 8B of chapter 6A of the General Laws, and to take into consideration other established state and local plans and policies; (3) conduct a public hearing in the municipality in which the property is located if the property parcels exceeds 2 acres or if the commissioner determines or the city or town in which the property is located requests that a hearing should be held for a smaller parcel. The commissioner shall provide reasonable public notice in advance of the hearing, which shall be convened to consider potential reuses and appropriate restrictions, as well as to consider smart growth issues; and (4) ensure that any deed, lease or other disposition agreement sets forth all such reuse restrictions, and provides for effective remedies on behalf of the commonwealth, which may include, in the event of a failure to comply with the reuse restrictions by the grantee, lessee or other recipient, that such title or lesser interest as may have been conveyed shall, upon recordation of a notice of exercise, immediately revert to the commonwealth. (g) The commissioner shall establish the value of surplus real property using customarily accepted appraisal methodologies. The value shall be calculated both: (1) for the highest and best use of the property, and (2) subject to uses, restrictions and encumbrances defined by the commissioner. (h) Before disposing of the surplus property, the commissioner shall provide to each city or town in which the property is located a written right of first refusal to purchase the surplus property for municipal use on the conditions established in section (f) and at 85 per cent of the value established in subsection (g). The commissioner shall have the authority to accept a flexible payment schedule at his discretion. This right of first refusal must be exercised, if at all, by the town or city, or its permitted assignee as set forth below, within 30 days after this notice by giving written notification of its intention to exercise its right of first refusal to the commissioner, provided, however, that the city or town may condition its exercise upon the holding of a vote for debt exclusion pursuant to section 21C of chapter 59 of the General Laws, commonly known as a Proposition 2-1/2 debt exclusion, to finance the surplus real property purchase, within 150 days after the date of the written notification of the city's or town's intention to exercise its right of first refusal. The city or town, or such assignee, shall have until (1) the date which is 45 days after the date of the vote for debt exclusion, if the city or town conditioned its exercise of its right of first refusal upon such vote, or (2) the date which is 90 days after the date on which the commissioner gave written notice of its right of first refusal to the city of town, if the city or town did not condition its exercise of its right of first refusal upon such vote, to close the purchase of the property. If the city or town, or such assignee, fails to close the purchase of such property within that time, the sole remedy of the commonwealth against the city or town for this failure shall be to proceed with the disposition of the surplus property without further right of purchase by the city or town and the elimination of any requirement to share proceeds of the sale with the city or town as provided in subsection (p). The municipality shall also be able to assign its right of first refusal as established pursuant to subsection (h) to a nonprofit public benefit corporation that has a primary mission to build housing or protect open space, or to a community development corporation, as determined in regulations promulgated by the commissioner. If the municipality or its assignee acquires any portion of the property for open space purposes, or if any portion of the property is restricted for open space purposes, a conservation restriction pursuant to chapter 184 of the General Laws shall be retained by the commonwealth on such parcels. (i) If the city or town has not exercised its right of first refusal, or if the city or town, or its permitted assignee, has failed to close in a timely manner if such right was exercised, the commissioner shall dispose of surplus real property utilizing appropriate competitive processes and procedures. Such competitive processes may include, but are not limited to, absolute auction, sealed bids and requests for price and development proposals. At least 30 days before the date of an auction or the date on which bids, proposals or other offers to purchase or lease surplus real property are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 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. (j) The commissioner shall place a notice in the central register identifying the individual or firm selected as party to such real property transaction, along with the amount of such transaction. If the commissioner accepts an amount below the value calculated under subsection (g), he shall include the justification therefor, specifying the difference between the calculated value and the price received. (k) No agreement for the sale, lease, transfer or other disposition of surplus real property and no deed executed by or on behalf of the commonwealth, shall be valid unless such agreement or deed contains the following certification, signed by the commissioner: "The undersigned certifies under penalties of perjury that I have fully complied with section ___ of chapter___ of the acts of 2006 in connection with the property described herein." (l) No agreement for the sale, lease, transfer or other disposition of surplus real property shall be valid unless the purchaser or lessee has executed and filed with the commissioner the statement required by section 40J of chapter 7 of the General Laws. (m) The grantee or lessee of any surplus real property shall be responsible for all costs including, but not limited to, appraisals, surveys, plans, recordings and any other expenses relating to the transfer, as shall be considered necessary by the commissioner. (n) This section shall not apply to the disposition of real property that is the subject of a special act having an effective date before the effective date of this act. (o) The authority granted to the commissioner by this section shall cease as of June 30, 2010, but the commissioner may complete any transaction for which agreements have been signed and delivered on or before that date. (p) Funds from the net cash proceeds of dispositions of surplus property pursuant to this section shall be allocated as follows: (1) 10 per cent of the net cash proceeds of each transaction shall be paid to the city or town in which the property is located if the city or town did not exercise its right of first refusal, whether or not the transaction thereafter closed; but that city or town may receive up to a total 25 per cent of the net cash proceeds of a transaction if the municipality has taken affirmative actions in furtherance of the commonwealth's objectives for the parcel, consistent with smart growth and subject to regulations promulgated by the division in consultation with the commonwealth development coordinating council; (2) after distribution of net cash proceeds to cities and towns pursuant to clause (1), the first $5 million shall be deposited in the General Fund; (3) 50 per cent of the next $20 million shall be deposited in the Smart Growth Housing Trust Fund established in section 35AA of chapter 10 of the General Laws, and 50 per cent shall be deposited in the General Fund; and (4) the remaining net cash proceeds shall be deposited 20 per cent into the Smart Growth Housing Trust Fund and 80 per cent into a separate fund on the books of the commonwealth to be known as the Capital Projects and Maintenance Fund to be expended, without further appropriation, by the commissioner upon approval by the secretary of administration and finance. Monies deposited into the Capital Projects and Maintenance Fund shall be allocated to the respective agency or agencies whose facility or facilities generated the proceeds deposited into the fund and shall be expended exclusively for one-time capital projects, maintenance and repairs to such agency's facilities. The books and records of said fund shall be subject to a biennial audit by the state auditor. No expenditure from said fund shall be permitted if it shall cause said fund to be in deficiency at the close of a fiscal year. Nothing in this section shall be construed to grant to any municipality or other third party the right to participate in the negotiation, execution, or enforcement of any agreements between the division and a purchaser or lessee of surplus property.


Housing Creation Program SECTION 81. Notwithstanding any general or special law to the contrary, the amount in line item 1201-2005 of this act shall be made available to cities and towns as a one time payment pursuant to the lottery formula as prescribed by the division of local services. These payments will be remitted to a city or town who certify in a form prescribed by the office of commonwealth development that the city or town has demonstrated an increase in dwelling units of at least 1% over the number of housing units in place January 1, 2006. The number of housing units, which shall include but not be limited to single family homes, multi-family units, and accessory apartments, must be certified as new dwelling units by the municipal building department. Qualifying housing units are defined as (1) Newly constructed residential units including college and university dormitory rooms (2) Units that were made uninhabitable by fire and then rehabilitated (3) Units for which seasonal occupancy permits were issued initially and, after rehabilitation, regular occupancy permits are issued (4) Units which were condemned by a municipal official and rehabilitated (5) Units vacant for two or more years and rehabilitated; and (6) All units created in what was formerly commercial, industrial, municipal, or other non-residential space A municipality may apply for certification at any point from July 1, 2006 to May 1, 2008. However for a city or town to be eligible for payment by June 30, 2007, the treasurer must receive notification by the office of commonwealth development by June 1, 2007 and to eligible for payment by June 30, 2008, the treasurer must receive notification by the office of commonwealth development by June 1, 2008.


UMass/Health and Human Services Interagency Service Agreements SECTION 83. Notwithstanding the provisions of any general or special law to the contrary, the executive office of health and human services pursuant to section 16 of chapter 6A of the general laws, acting in its capacity as the single state agency under Title XIX of the Social Security Act, and other federally assisted programs administered by said secretariat, and as the principal agency for all of the agencies within the secretariat, is authorized to enter into interdepartmental services agreements with the university of Massachusetts medical school to perform such activities as the secretary, in consultation with the comptroller, determines are appropriate and within the scope of the proper administration of said Title XIX and other federal funding provisions to otherwise support the programs and activities of the executive office. Such activities shall include: (1) provision of administrative services, including, but not limited to, activities such as providing the medical expertise to support or administer utilization management activities, determining eligibility based on disability, supporting case management activities and similar initiatives; (2) consulting services related to quality assurance, program evaluation and development, integrity and soundness and project management; and (3) activities and services for the purpose of pursuing federal reimbursement or avoiding costs, third party liability and recouping payments to third parties. Federal reimbursement for any expenditures made by the university of Massachusetts medical school relative to federally-reimbursable services the university provides under said interdepartmental service agreements or other contracts with the executive office of health and human services shall be distributed to the university. The secretary may negotiate contingency fees for activities and services related to the purpose of pursuing federal reimbursement or avoiding costs, and the comptroller shall be directed to certify said fees and pay upon the receipt of such revenue, reimbursement or demonstration of costs avoided; provided however that the secretary shall not pay contingency fees in excess of $40,000,000 for state fiscal year 2007. The secretary of health and human services shall submit to the secretary of administration and finance and the senate and house committees on ways and means a quarterly report detailing the amounts of the agreements, the ongoing and new projects undertaken by the university, the amounts spent on personnel and the amount of federal reimbursement and recoupment payments that the university was able to collect.


Effective Date - Repeal of Fund SECTION 90. Section 17 shall take effect June 30, 2006.


Tax cut effective date SECTION 91. Section 33 shall apply to taxable years beginning on or after January 1, 2007 but before January 1, 2008.


Tax Cut Effective Date Year Two SECTION 92. Section 34 shall apply to taxable years beginning on or after January 1, 2008.