This is not the official budget document.

Budget Summary FY2016

Outside Sections
Data Current as of:  8/19/2015



Outside Sections

Local Aid Distribution

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SECTION 3.    Notwithstanding any general or special law to the contrary, for the fiscal year ending June 30, 2016 the distribution to cities and towns of the balance of the State Lottery and Gaming Fund, as paid from the General Fund in accordance with clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws, and additional funds from the General Fund and the Gaming Local Aid Fund, shall be $979,797,001 and shall be apportioned to the cities and towns in accordance with this section.

Notwithstanding section 2 of chapter 70 of the General Laws or any other general or special law to the contrary, except for section 12B of chapter 76 and section 89 of chapter 71 of the General Laws, for fiscal year 2016 the total amounts to be distributed and paid to each city and town from item 7061-0008 of section 2 shall be as set forth in the following lists. The specified amounts to be distributed from said item 7061-0008 of said section 2 shall be in full satisfaction of the amounts due pursuant to chapter 70 of the General Laws.

For fiscal year 2016, the foundation budget category of "pre-school enrollment" shall be defined as the number of students enrolled in pre-school programs and all other foundation budget categories for each district shall be calculated in the same manner as in fiscal year 2015. For districts who have accepted the United States Department of Agriculture's community eligible provision, fiscal year 2015 low income percentages shall be applied to fiscal year 2016. The target local share shall be calculated using the same methodology used in fiscal year 2015. Preliminary local contribution shall be the municipality's fiscal year 2015 minimum required local contribution, increased or decreased by the municipal revenue growth factor; provided, that if a municipality's preliminary local contribution as a percentage of its foundation budget is more than 2.5 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality's revenue growth factor plus 1 percentage point; and if a municipality's preliminary contribution as a percentage of its foundation budget is more than 7.5 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality's revenue growth factor plus 2 percentage points. Minimum required local contribution for fiscal year 2016 shall be, for any municipality with a fiscal year 2016 preliminary contribution greater than its fiscal year 2016 target contribution, the preliminary local contribution reduced by 50 per cent of the gap between the preliminary local contribution and the target local contribution. No minimum required local contribution shall be greater than 90 percent of the district's foundation budget amount. Required local contribution shall be allocated among the districts to which a municipality belongs in direct proportion to the foundation budgets for the municipality's pupils at each of those districts. For fiscal year 2016, the "foundation aid increment" shall be the difference between: (a) the positive difference between a district's foundation budget and its required district contribution; and (b) prior year aid. The "minimum aid increment" shall be equal to $25 multiplied by the district's foundation enrollment minus the foundation aid increment.

Chapter 70 aid for fiscal year 2016 shall be the sum of prior year aid plus the foundation aid increment, if any, plus the minimum aid increment, if any. No non-operating district shall receive chapter 70 aid in an amount greater than the district's foundation budget.

If there is a conflict between the language of this section and the distribution listed below, the distribution below shall control.

The department of elementary and secondary education shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year 1994, and in which such district has not accepted the provisions of section 260 of chapter 165 of the acts of 2014.

No payments pursuant to this section to cities, towns or counties maintaining an agricultural school shall be made after November 30 of the fiscal year until the commissioner of revenue certifies acceptance of the prior fiscal year's annual financial reports submitted pursuant to section 43 of chapter 44 of the General Laws. Advance payments shall be made for some or all of periodic local reimbursement or assistance programs to any city, town, regional school district or independent agricultural and technical school that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, under guidelines established by the secretary.

 

Local Aid Distribution


Municipality
7061-0008
Chapter 70
Unrestricted
General
Government
Aid
ABINGTON 7,472,269 1,813,451
ACTON 0 1,289,519
ACUSHNET 6,181,252 1,397,734
ADAMS 0 2,158,193
AGAWAM 18,927,672 3,396,126
ALFORD 0 12,937
AMESBURY 8,867,257 1,793,402
AMHERST 5,954,998 7,760,993
ANDOVER 9,191,614 1,647,227
AQUINNAH 0 2,154
ARLINGTON 10,715,559 6,993,777
ASHBURNHAM 0 732,959
ASHBY 0 403,649
ASHFIELD 93,413 171,143
ASHLAND 5,579,510 1,246,634
ATHOL 0 2,440,583
ATTLEBORO 35,242,406 5,259,089
AUBURN 8,448,392 1,578,760
AVON 1,011,381 638,935
AYER 0 697,869
BARNSTABLE 8,736,707 1,939,073
BARRE 0 829,087
BECKET 76,563 83,718
BEDFORD 4,209,634 1,058,221
BELCHERTOWN 13,541,691 1,568,527
BELLINGHAM 8,305,835 1,564,230
BELMONT 6,766,099 2,081,476
BERKLEY 3,893,088 560,901
BERLIN 440,980 185,858
BERNARDSTON 0 268,120
BEVERLY 7,506,147 5,383,422
BILLERICA 18,620,584 5,368,038
BLACKSTONE 111,224 1,261,792
BLANDFORD 43,655 117,053
BOLTON 1,956 182,009
BOSTON 212,596,335 174,653,245
BOURNE 4,927,363 1,351,366
BOXBOROUGH 0 232,537
BOXFORD 1,643,973 448,134
BOYLSTON 450,313 315,765
BRAINTREE 15,291,040 5,275,136
BREWSTER 942,019 363,988
BRIDGEWATER 50,426 3,357,581
BRIMFIELD 1,209,272 359,413
BROCKTON 170,040,928 19,301,995
BROOKFIELD 1,405,965 455,161
BROOKLINE 12,183,520 5,852,785
BUCKLAND 0 282,269
BURLINGTON 5,771,296 2,414,194
CAMBRIDGE 11,077,401 19,804,203
CANTON 5,126,669 1,976,870
CARLISLE 875,115 202,226
CARVER 9,772,714 1,346,692
CHARLEMONT 61,250 161,138
CHARLTON 21,633 1,335,562
CHATHAM 0 138,738
CHELMSFORD 10,473,018 4,678,930
CHELSEA 70,354,181 7,571,171
CHESHIRE 13,005 566,305
CHESTER 126,262 165,968
CHESTERFIELD 133,114 127,276
CHICOPEE 59,511,925 10,615,414
CHILMARK 0 3,457
CLARKSBURG 1,773,600 335,353
CLINTON 11,329,016 2,170,074
COHASSET 2,304,762 474,282
COLRAIN 5,145 266,057
CONCORD 2,705,857 1,069,450
CONWAY 610,004 164,753
CUMMINGTON 73,684 76,903
DALTON 272,926 1,048,840
DANVERS 6,426,157 2,625,585
DARTMOUTH 9,419,066 2,323,858
DEDHAM 4,379,293 3,014,593
DEERFIELD 1,067,968 442,768
DENNIS 0 502,049
DEVENS 308,558  
DIGHTON 0 712,814
DOUGLAS 8,567,140 672,740
DOVER 702,567 177,332
DRACUT 18,858,492 3,229,915
DUDLEY 9,295 1,647,083
DUNSTABLE 2,961 226,737
DUXBURY 4,860,479 817,139
EAST BRIDGEWATER 10,361,132 1,379,875
EAST BROOKFIELD 186,016 267,355
EAST LONGMEADOW 9,967,774 1,334,367
EASTHAM 339,456 137,341
EASTHAMPTON 7,776,017 2,591,134
EASTON 9,624,016 2,018,745
EDGARTOWN 601,368 61,406
EGREMONT 0 58,164
ERVING 438,270 61,960
ESSEX 0 225,704
EVERETT 64,001,903 6,368,777
FAIRHAVEN 7,428,260 2,078,765
FALL RIVER 105,744,811 21,968,229
FALMOUTH 5,492,795 1,278,041
FITCHBURG 45,700,337 7,867,011
FLORIDA 539,192 45,884
FOXBOROUGH 8,664,640 1,373,110
FRAMINGHAM 37,729,858 9,171,536
FRANKLIN 27,575,946 2,277,858
FREETOWN 396,345 875,363
GARDNER 19,085,780 3,906,404
GEORGETOWN 5,332,268 660,385
GILL 0 224,229
GLOUCESTER 6,238,892 3,681,780
GOSHEN 96,111 73,749
GOSNOLD 16,414 1,933
GRAFTON 10,650,490 1,441,388
GRANBY 4,557,815 813,957
GRANVILLE 0 147,800
GREAT BARRINGTON 0 699,614
GREENFIELD 12,035,012 2,926,707
GROTON 0 714,094
GROVELAND 42,110 671,036
HADLEY 953,529 418,387
HALIFAX 2,714,617 836,822
HAMILTON 0 619,359
HAMPDEN 0 634,237
HANCOCK 200,990 52,048
HANOVER 6,654,914 1,952,822
HANSON 58,345 1,180,504
HARDWICK 8,308 429,165
HARVARD 1,842,181 1,365,206
HARWICH 0 397,085
HATFIELD 795,746 287,642
HAVERHILL 46,462,498 9,060,317
HAWLEY 35,202 39,895
HEATH 0 77,130
HINGHAM 6,603,785 1,454,878
HINSDALE 104,683 205,257
HOLBROOK 5,395,650 1,360,202
HOLDEN 5,275 1,762,511
HOLLAND 911,123 186,066
HOLLISTON 7,219,350 1,427,574
HOLYOKE 70,541,434 9,362,400
HOPEDALE 5,941,845 601,120
HOPKINTON 5,961,103 724,166
HUBBARDSTON 0 415,258
HUDSON 11,342,701 1,838,276
HULL 3,734,246 1,953,645
HUNTINGTON 257,686 317,710
IPSWICH 3,079,600 1,479,783
KINGSTON 4,216,165 884,834
LAKEVILLE 73,946 754,281
LANCASTER 7,443 881,188
LANESBOROUGH 752,323 317,995
LAWRENCE 177,628,396 18,100,359
LEE 1,995,699 574,111
LEICESTER 9,574,112 1,600,620
LENOX 1,198,130 491,368
LEOMINSTER 43,547,587 5,276,009
LEVERETT 279,816 164,548
LEXINGTON 9,968,536 1,412,809
LEYDEN 0 75,901
LINCOLN 857,038 627,584
LITTLETON 3,809,413 655,287
LONGMEADOW 4,434,186 1,287,945
LOWELL 135,511,265 23,219,704
LUDLOW 13,418,728 2,816,151
LUNENBURG 5,834,483 974,858
LYNN 147,362,682 20,639,889
LYNNFIELD 4,089,401 958,754
MALDEN 48,438,759 11,565,609
MANCHESTER 0 205,009
MANSFIELD 18,388,239 2,056,291
MARBLEHEAD 5,464,064 1,049,758
MARION 670,258 208,006
MARLBOROUGH 22,916,101 5,018,231
MARSHFIELD 14,068,193 1,997,043
MASHPEE 4,402,061 339,168
MATTAPOISETT 772,515 373,627
MAYNARD 4,438,905 1,448,274
MEDFIELD 5,925,859 1,336,310
MEDFORD 11,454,441 11,182,017
MEDWAY 10,175,519 1,124,681
MELROSE 7,960,596 4,727,716
MENDON 12,050 376,724
MERRIMAC 39,015 775,637
METHUEN 41,119,363 5,012,292
MIDDLEBOROUGH 17,539,709 2,272,828
MIDDLEFIELD 13,200 49,007
MIDDLETON 1,568,751 504,398
MILFORD 20,844,437 2,815,721
MILLBURY 6,922,983 1,632,419
MILLIS 4,657,397 965,160
MILLVILLE 48,727 375,500
MILTON 6,060,522 2,962,084
MONROE 49,377 16,950
MONSON 7,399,425 1,203,373
MONTAGUE 0 1,321,162
MONTEREY 0 42,622
MONTGOMERY 21,042 80,003
MOUNT WASHINGTON 32,776 27,634
NAHANT 484,943 348,316
NANTUCKET 2,980,944 73,041
NATICK 8,816,665 3,512,863
NEEDHAM 8,373,790 1,609,289
NEW ASHFORD 179,597 18,725
NEW BEDFORD 125,128,363 21,206,423
NEW BRAINTREE 5,704 121,695
NEW MARLBOROUGH 0 53,988
NEW SALEM 0 95,647
NEWBURY 16,844 477,422
NEWBURYPORT 3,720,117 2,351,133
NEWTON 20,226,057 5,417,478
NORFOLK 3,332,480 884,051
NORTH ADAMS 13,595,418 4,089,838
NORTH ANDOVER 7,921,497 1,889,233
NORTH ATTLEBOROUGH 20,055,686 2,652,191
NORTH BROOKFIELD 4,203,088 734,563
NORTH READING 6,802,307 1,636,830
NORTHAMPTON 7,162,729 4,051,832
NORTHBOROUGH 3,756,435 1,028,287
NORTHBRIDGE 15,275,081 1,945,911
NORTHFIELD 9,265 333,067
NORTON 12,461,075 1,915,999
NORWELL 3,417,653 988,229
NORWOOD 5,751,026 4,287,958
OAK BLUFFS 885,807 67,044
OAKHAM 5,880 176,866
ORANGE 5,189,379 1,489,817
ORLEANS 285,191 158,348
OTIS 0 33,530
OXFORD 10,306,499 1,895,585
PALMER 10,701,980 1,848,777
PAXTON 0 498,847
PEABODY 18,747,217 6,654,496
PELHAM 224,081 146,741
PEMBROKE 13,174,507 1,549,634
PEPPERELL 0 1,375,893
PERU 73,500 105,281
PETERSHAM 425,758 105,685
PHILLIPSTON 0 170,047
PITTSFIELD 39,818,894 7,959,318
PLAINFIELD 39,600 46,249
PLAINVILLE 2,824,581 699,374
PLYMOUTH 23,872,517 3,612,244
PLYMPTON 708,270 218,703
PRINCETON 0 272,945
PROVINCETOWN 272,866 127,513
QUINCY 26,257,161 17,602,725
RANDOLPH 15,257,583 4,791,706
RAYNHAM 0 1,048,271
READING 10,232,699 2,988,591
REHOBOTH 26,400 960,957
REVERE 54,216,144 9,482,988
RICHMOND 347,244 99,736
ROCHESTER 1,762,322 391,537
ROCKLAND 12,599,122 2,437,024
ROCKPORT 1,397,406 403,381
ROWE 131,165 3,632
ROWLEY 25,266 497,836
ROYALSTON 0 165,733
RUSSELL 168,465 227,680
RUTLAND 7,283 852,780
SALEM 21,348,402 6,359,292
SALISBURY 33,688 582,476
SANDISFIELD 0 31,945
SANDWICH 6,740,018 1,039,044
SAUGUS 5,338,002 3,382,080
SAVOY 506,879 106,814
SCITUATE 5,185,901 1,854,505
SEEKONK 4,979,515 1,134,403
SHARON 6,950,527 1,290,483
SHEFFIELD 13,886 224,587
SHELBURNE 0 241,081
SHERBORN 554,673 199,683
SHIRLEY 0 1,209,498
SHREWSBURY 19,195,638 2,567,992
SHUTESBURY 613,366 156,331
SOMERSET 5,262,728 1,413,928
SOMERVILLE 19,717,388 23,227,401
SOUTH HADLEY 7,772,779 2,407,654
SOUTHAMPTON 2,480,926 587,401
SOUTHBOROUGH 2,809,611 403,206
SOUTHBRIDGE 19,688,050 3,243,179
SOUTHFIELD 51,667  
SOUTHWICK 0 1,162,851
SPENCER 49,601 2,085,095
SPRINGFIELD 309,186,094 34,898,975
STERLING 0 639,113
STOCKBRIDGE 0 91,892
STONEHAM 3,838,859 3,426,121
STOUGHTON 14,813,801 2,952,070
STOW 2,191 388,080
STURBRIDGE 3,500,341 714,215
SUDBURY 4,534,395 1,290,456
SUNDERLAND 845,663 465,949
SUTTON 5,276,480 719,625
SWAMPSCOTT 3,193,515 1,193,267
SWANSEA 7,043,968 1,731,447
TAUNTON 53,171,688 7,753,667
TEMPLETON 0 1,285,514
TEWKSBURY 12,818,290 2,565,783
TISBURY 593,161 90,395
TOLLAND 0 17,039
TOPSFIELD 1,107,808 565,442
TOWNSEND 0 1,211,556
TRURO 282,481 27,734
TYNGSBOROUGH 7,169,374 890,900
TYRINGHAM 38,498 11,705
UPTON 19,248 490,809
UXBRIDGE 9,171,114 1,268,460
WAKEFIELD 5,401,367 3,105,666
WALES 806,275 217,742
WALPOLE 7,638,831 2,349,482
WALTHAM 9,711,597 8,852,549
WARE 8,871,298 1,591,557
WAREHAM 12,558,607 1,823,940
WARREN 0 834,053
WARWICK 0 117,243
WASHINGTON 3,051 87,072
WATERTOWN 4,399,531 6,149,079
WAYLAND 3,710,313 833,306
WEBSTER 11,055,488 2,282,502
WELLESLEY 7,916,157 1,194,220
WELLFLEET 179,724 53,883
WENDELL 0 160,661
WENHAM 0 394,879
WEST BOYLSTON 2,909,285 734,505
WEST BRIDGEWATER 3,031,677 602,833
WEST BROOKFIELD 201,348 449,011
WEST NEWBURY 13,005 273,153
WEST SPRINGFIELD 22,613,567 3,303,943
WEST STOCKBRIDGE 0 89,634
WEST TISBURY 0 171,232
WESTBOROUGH 5,113,078 1,068,280
WESTFIELD 33,353,974 5,803,420
WESTFORD 16,436,625 1,959,139
WESTHAMPTON 457,770 133,585
WESTMINSTER 0 603,479
WESTON 3,045,154 344,835
WESTPORT 4,341,772 1,121,565
WESTWOOD 4,803,413 672,554
WEYMOUTH 27,530,085 8,038,331
WHATELY 252,340 123,716
WHITMAN 78,029 2,232,284
WILBRAHAM 0 1,349,194
WILLIAMSBURG 519,245 279,098
WILLIAMSTOWN 938,701 880,149
WILMINGTON 10,978,730 2,292,313
WINCHENDON 11,288,335 1,550,908
WINCHESTER 7,680,548 1,363,975
WINDSOR 39,600 95,733
WINTHROP 6,346,975 3,886,341
WOBURN 8,321,994 5,519,009
WORCESTER 231,540,738 38,309,951
WORTHINGTON 225,070 115,796
WRENTHAM 3,656,773 859,479
YARMOUTH 0 1,163,938
Total Municipal Aid 3,832,618,900 979,797,001
 
Regional School District 7061-0008
Chapter 70
Unrestricted
General
Government
Aid
ACTON BOXBOROUGH 14,393,076  
ADAMS CHESHIRE 10,156,418  
AMHERST PELHAM 9,349,517  
ASHBURNHAM WESTMINSTER 10,554,153  
ASSABET VALLEY 4,402,149  
ATHOL ROYALSTON 17,172,640  
AYER SHIRLEY 8,047,361  
BERKSHIRE HILLS 2,780,663  
BERLIN BOYLSTON 1,062,648  
BLACKSTONE MILLVILLE 10,729,594  
BLACKSTONE VALLEY 8,086,169  
BLUE HILLS 4,237,127  
BRIDGEWATER RAYNHAM 20,671,771  
BRISTOL COUNTY 2,992,952  
BRISTOL PLYMOUTH 10,774,199  
CAPE COD 2,096,487  
CENTRAL BERKSHIRE 8,540,559  
CHESTERFIELD GOSHEN 734,280  
CONCORD CARLISLE 2,053,456  
DENNIS YARMOUTH 6,803,239  
DIGHTON REHOBOTH 12,536,246  
DOVER SHERBORN 1,659,576  
DUDLEY CHARLTON 23,938,773  
ESSEX NORTH SHORE 3,080,269  
FARMINGTON RIVER 413,420  
FRANKLIN COUNTY 3,449,561  
FREETOWN LAKEVILLE 10,692,488  
FRONTIER 2,772,595  
GATEWAY 5,531,374  
GILL MONTAGUE 6,092,669  
GREATER FALL RIVER 15,695,770  
GREATER LAWRENCE 21,439,728  
GREATER LOWELL 23,740,502  
GREATER NEW BEDFORD 24,469,332  
GROTON DUNSTABLE 10,575,673  
HAMILTON WENHAM 3,457,966  
HAMPDEN WILBRAHAM 11,483,814  
HAMPSHIRE 3,170,333  
HAWLEMONT 614,527  
KING PHILIP 7,278,450  
LINCOLN SUDBURY 2,862,021  
MANCHESTER ESSEX 2,850,168  
MARTHAS VINEYARD 2,775,225  
MASCONOMET 4,925,724  
MENDON UPTON 12,131,581  
MINUTEMAN 2,177,027  
MOHAWK TRAIL 5,921,294  
MONOMOY 2,755,146  
MONTACHUSETT 13,837,825  
MOUNT GREYLOCK 1,705,983  
NARRAGANSETT 9,764,044  
NASHOBA 6,574,230  
NASHOBA VALLEY 3,620,454  
NAUSET 3,353,354  
NEW SALEM WENDELL 635,007  
NORFOLK COUNTY 1,126,276  
NORTH MIDDLESEX 19,925,993  
NORTHAMPTON SMITH 897,910  
NORTHBORO SOUTHBORO 2,951,914  
NORTHEAST METROPOLITAN 8,640,688  
NORTHERN BERKSHIRE 4,641,116  
OLD COLONY 3,215,679  
OLD ROCHESTER 2,715,679  
PATHFINDER 5,391,010  
PENTUCKET 12,834,852  
PIONEER 4,067,561  
QUABBIN 16,342,038  
QUABOAG 8,544,111  
RALPH C MAHAR 5,339,690  
SHAWSHEEN VALLEY 6,275,836  
SILVER LAKE 7,663,957  
SOMERSET BERKLEY 3,843,168  
SOUTH MIDDLESEX 4,090,859  
SOUTH SHORE 3,981,405  
SOUTHEASTERN 14,281,764  
SOUTHERN BERKSHIRE 1,888,246  
SOUTHERN WORCESTER 10,084,562  
SOUTHWICK TOLLAND GRANVILLE 9,628,898  
SPENCER EAST BROOKFIELD 13,457,639  
TANTASQUA 8,116,541  
TRI COUNTY 5,577,743  
TRITON 8,428,221  
UPISLAND 821,922  
UPPER CAPE COD 2,927,510  
WACHUSETT 25,438,325  
WHITMAN HANSON 24,219,585  
WHITTIER 8,281,994  
Total Regional Aid 679,263,299  
Total Municipal and Regional Aid 4,511,882,199 979,797,001

 

Commission for metropolitan beaches

SECTION 4.   Chapter 3 of the General Laws is hereby amended by striking out section 70, as appearing in the 2014 Official Edition, and inserting in place thereof the following section:-

Section 70. (a) There shall be a permanent commission on the future of the metropolitan beaches to consist of: 5 members of the senate, 1 of whom shall serve as co-chair and 1 of whom shall be the minority leader or a designee; 7 members of the house of representatives, 1 of whom shall serve as co-chair and 1 of whom shall be the minority leader or a designee; 1 member who shall be appointed by the governor or the secretary of energy and environmental affairs or a designee; and 1 member who shall be appointed by the commissioner of conservation and recreation or a designee. The commission shall also include: (i) the following members from these metropolitan beach communities: a representative from the city of Lynn who shall be appointed by the mayor; a representative from town of Nahant who shall be appointed by the town manager; a representative from the city of Revere who shall be appointed by the mayor; a representative from the town of Winthrop who shall be appointed by the town manager; a representative from the city of Quincy who shall be appointed by the mayor; and a representative of the town of Hull who shall be appointed by the town manager; and 3 representatives from the city of Boston who shall be appointed by the mayor, 1 of whom shall be from the East Boston section of the city of Boston, 1 of whom shall be from the Dorchester section of the city of Boston and 1 of whom shall be from the South Boston section of the city of Boston; and (ii) 4 members who shall be appointed by the commission co-chairs to represent philanthropic, non-profit, business and academic communities in the greater Boston area.

The commission shall conduct an annual review of the state of the metropolitan beaches which shall include a comprehensive study examining the existing maintenance, operational and infrastructure needs for those beaches including, but not limited to, any security and capital-intensive repairs necessary to ensure future recreational use of those beaches. The commission shall also examine best management practices and funding alternatives for each beach including, but not limited to, public-private partnerships, nonprofit entities and other financial means that shall ensure access, quality recreational activities, programming and improved water quality and beautification efforts at those beaches. The commission shall also analyze and make recommendations on alternatives and methods to improve access from metropolitan beaches to the Boston Harbor islands.

(b) For the purposes of this section, "metropolitan beaches" shall include, but not be limited to: (i) Nahant beach in the town of Nahant; (ii) Red Rock park, King's beach and Lynn beach in the city of Lynn; (iii) Revere beach and Short beach in the city of Revere; (iv) Winthrop beach in the town of Winthrop; (v) Constitution beach, Carson beach, City Point beach, M Street beach, Pleasure Bay, Malibu beach, Savin Hill beach, and Tenean beach in the city of Boston; (vi) Wollaston beach and Squantum Point park in the city of Quincy, and (vii) Nantasket beach in the town of Hull.

(c) The commission shall hold annual hearings within close proximity to Boston Harbor beaches to solicit testimony from interested stakeholders including, but not limited to: (i) the executive office of energy and environmental affairs; (ii) the department of conservation and recreation; (iii) the Massachusetts Water Resources Authority; (iv) the Massachusetts Port Authority; (v) the Massachusetts Bay Transportation Authority; (vi) the Boston Harbor Association, Inc.; (vii) the Boston Harbor Island Alliance, Inc.; (viii) Save The Harbor, Save The Bay, Inc.; (ix) local municipalities; (x) non-profit organizations; (xi) friends' groups; and (xii) business and community leaders.

(d) The commission shall file an annual report containing its recommendations with the clerks of the senate and house of representatives and the senate and house chairs of the joint committee on the environment, natural resources and agriculture.
 

 

Salary of council members

SECTION 5.   Section 3 of chapter 6 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the figure "$26,025" and inserting in place thereof the following figure:- $31,025.
 

 

Salary of council members

SECTION 6.   Said section 3 of said chapter 6 is hereby further amended by striking out the figure "$31,025", inserted by section 5, and inserting in place thereof the following figure:- $36,025.
 

 

STEM Advisory Council 2

SECTION 7.   Said chapter 6 is hereby further amended by striking out section 217, added by section 12 of chapter 165 of the acts of 2014, and inserting in place thereof the following section:-

Section 218. (a) There shall be a science, technology, engineering and math, or STEM, advisory council. The council shall advise the governor and assist in informing the work of the secretary of education, the secretary of labor and workforce development and the secretary of housing and economic development on issues relating to STEM education and STEM careers.

(b) The council shall: (i) confer with participants and parties from the public and private sectors involved with STEM planning and programming; (ii) assess how to increase student interest in, and preparation for, careers in STEM; and (iii) advise on the creation, implementation of and updates to a statewide STEM plan that contains clear goals and objectives to guide future STEM efforts, including the creation of benchmarks for improvements.

(c) The council shall consist of at least 20 but not more than 30 members, not including members serving ex officio. The members of the council shall be appointed by the governor for a term of 2 years and shall serve without compensation. Council members shall be persons with demonstrated interest, experience and expertise in STEM education and shall include: a senator in congress from the commonwealth; a representative in congress from the commonwealth; a member of the Massachusetts Technology Collaborative; a member of the Massachusetts Clean Energy Center; a member of the Massachusetts Life Sciences Center; the president of the University of Massachusetts or a designee; a president of a state university or a designee; a president of a private university or a designee; a president of a public community college or a designee; a superintendent of a public school district or a designee; a superintendent of a vocational technical school or a designee; a chamber of commerce executive or a designee; a representative of a regional STEM network; an early education provider; a science or mathematics department chair from a public school district; an out-of-school time or informal educator with expertise in the STEM fields; a parent representative; a member of organized labor; a member of the Massachusetts cultural council; a member from the Massachusetts Business Roundtable; and a member from a not-for-profit organization. The governor shall designate 2 members of the council to serve as co-chairs, 1 of whom shall be a member from the public sector and 1 of whom shall be a member from the private sector.

The following members or their designees shall serve as members of the council, ex officio: the senate and house chairs of the joint committee on education; the senate and house chairs of the joint committee on labor and workforce development; the secretary of education; the secretary of labor and workforce development; the secretary of housing and economic development; the commissioner of higher education; the commissioner of elementary and secondary education; and the commissioner of early education and care.

(d) The council shall establish an executive committee which shall consist of 7 members who shall provide guidance on the recommendations of the council and plan future meetings and initiatives. The co-chairs shall determine the membership of the executive committee and shall designate subcommittees to focus on particular challenges facing STEM education and the STEM fields. The council and the executive committee shall meet at such times and places as determined by the co-chairs. The council shall submit its findings and recommendations, together with drafts of legislation or regulations necessary to carry those recommendations into effect, by filing the same with the governor and the clerks of the senate and house of representatives at such periods as determined by the co-chairs.
 

 

CPAT Changes

SECTION 8.   Chapter 6A of the General Laws is hereby amended by striking out section 4A, as appearing in the 2014 Official Edition, and inserting in place thereof the following section:-

Section 4A. In coordination with the office of the governor, each secretary shall, at the executive office and agency level: (i) develop measurable, outcome-based performance goals and a focused set of performance metrics to track progress and execution; (ii) measure performance on an ongoing basis against the goals and metrics; and (iii) establish strategies to improve government performance informed by the goals and metrics. Each secretary shall, in coordination with the office of the governor, make the performance goals and the secretary's progress in reaching those goals available online annually not later than March 1.
 

 

Commission on LGBT older adults

SECTION 9.   Said chapter 6A is hereby further amended by inserting after section 16X the following section:-

Section 16Y. (a) There shall be a commission within the executive office of health and human services for the purpose of studying and making recommendations relative to state policies and regulations on lesbian, gay, bisexual and transgender, or LGBT, older adults to: (i) ensure equality of access, treatment, care and benefits; (ii) examine strategies to increase provider awareness of the needs of LGBT older adults and their caregivers and to improve the competence of and access to treatment, services and on-going care, including preventive care; (iii) assess the funding and programming needed to enhance services to the growing population of LGBT older adults; (iv) examine best practices for increasing access, reducing isolation, preventing abuse and exploitation, promoting independence and self-determination, strengthening caregiving, eliminating disparities and improving quality of life; (v) examine whether certain policies and practices, or the absence thereof, promote the premature admission of LGBT older adults to institutional care; (vi) recommend, as appropriate and necessary, lower cost and culturally appropriate home and community-based alternatives to institutional care; (vii) examine the feasibility of developing statewide training curricula to improve provider competency in the delivery of health, housing and long-term support services to older LGBT adults and their caregivers; and (viii) examine outreach protocols to reduce apprehension among LGBT elders and caregivers of utilizing mainstream providers.

(b) The commission shall consist of the house and senate chairs of the joint committee on elder affairs or their designees, who shall serve as co-chairs; the secretary of elder affairs or a designee; the director of housing and community development or a designee; the commissioner of public health or a designee; the director of the LGBT Aging Project or a designee; the president of Fenway Community Health Center, Inc. or a designee; the executive director of the Gay & Lesbian Advocates & Defenders, Inc. or a designee; a representative of the National Association on HIV Over Fifty, Inc.; the executive director of MassEquality Org, the Campaign for Equality, Inc. or a designee; the executive director of the Mass Home Care or a designee; the director of the Massachusetts office of AARP or a designee; the executive director of the Massachusetts Association of Councils on Aging, Inc. or a designee; the director of the Massachusetts Senior Care Association or a designee; the director of the Home Care Aide Council or a designee; and 5 members appointed by the governor, 1 of whom shall be a member of the Massachusetts bar who practices elder law, 1 of whom shall be an expert in LGBT public policy or research and 3 LGBT elders, at least 1 of whom shall be transgender. The governor's appointees shall ensure that the commission has at least 1 representative from each of the following areas: Cape Cod, western Massachusetts and central Massachusetts.

(c) The commission may hold regular public meetings, fact-finding hearings and other public forums as it considers necessary; and shall submit an annual report by December 31 to the governor, the clerks of the house of representatives and the senate, and the joint committee elder affairs. The report shall include, but not be limited to, the commission's findings and any recommendations for regulatory or legislative action, with a timeline for implementation, cost estimates and finance mechanisms and any other efforts to address the needs of this population.
 

 

Massachusetts Department of Transportation

SECTION 10.   Section 2 of chapter 6C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) The department shall be governed and its corporate powers shall be exercised by a board of directors. The board shall consist of 11 members, including the secretary of transportation, who shall serve ex officio as chair. The governor shall appoint 10 members: 1 of whom shall be a rider, as defined in section 1 of chapter 161A; 1 of whom shall have experience in the field of public or private finance; 1 of whom shall have experience in transportation planning and policy; 1 of whom shall have experience in civil engineering; 1 of whom shall have experience in the field of public or private finance or transportation planning and policy; 1 of whom shall have municipal government experience in 1 of the fourteen cities and towns, as defined in said section 1 of said chapter 161A; 1 of whom shall have municipal government experience in 1 of the 51 cities and towns, as defined in said section 1 of said chapter 161A; 1 of whom shall have municipal government experience in 1 of the other served communities, as defined in said section 1 of said chapter 161A; 1 of whom shall have municipal government experience in a city or town not part of the area constituting the authority, as defined in said section 1 of said chapter 161A; and 1 of whom shall be a representative of a labor organization selected from a list of 3 nominees provided by the Massachusetts State Labor Council, AFL-CIO. Four of the members, other than the chair, shall serve for terms that are coterminous with the governor; provided, however, that at least 3 of the coterminous members shall have experience in transportation policy, public finance or civil engineering and at least 1 of the coterminous members shall be a rider. The 6 remaining members appointed by the governor shall serve for terms of 4 years.

Not more than 6 of the directors, not including the chair, shall be members of the same political party. The directors, with the exception of the chair, shall serve without compensation but may be reimbursed for actual and necessary expenses reasonably incurred in the performance of their duties, including reimbursement for reasonable travel; provided, however, that reimbursement shall not exceed $3,000 annually per director. A person appointed to fill a vacancy in the board of directors shall serve only for the unexpired term of the former member. A director shall be eligible for reappointment. A director may be removed by the governor for cause. The board shall annually elect 1 of the directors to serve as vice-chair.
 

 

Advocate for Riders with Disabilities

SECTION 11.   Subsection (e) of said section 2 of said chapter 6C, as so appearing, is hereby amended by inserting after the second sentence the following 2 sentences:- The secretary shall work in collaboration with a disabled rider advocate who advocates on behalf of individuals with disabilities to ensure that the interests of the community are fully understood and considered. The secretary shall select a disabled rider advocate who is mobility impaired, has a family member who is mobility impaired, is a caretaker of a person who is mobility impaired or represents an organization that serves the needs of individuals with physical disabilities.
 

 

Massachusetts Department of Transportation Board of Directors 2

SECTION 12.   Said section 2 of said chapter 6C, as so appearing, is hereby further amended by striking out, in lines 119 and 120, the words "and section 3" and inserting in place thereof the following words:- , section 3 and section 3 of chapter 161A.
 

 

MassDOT Internal Special Audit Unit

SECTION 13.   Section 9 of said chapter 6C, as so appearing, is hereby amended by striking out subsections (a) to (d), inclusive, and inserting in place thereof the following 4 subsections:-

(a) There shall be within the department, but not subject to the control of the department, an internal special audit unit. The inspector general shall appoint a director of the internal special audit unit, who shall serve as an assistant inspector general under the supervision of the inspector general, and who shall serve for a term of 6 years. The inspector general may remove the director for cause, and shall fill any vacancy for the unexpired term. The director shall devote full time and attention to the duties of the unit.

(b) The director may appoint and remove, subject to the approval of the inspector general, such persons as the director shall deem necessary to perform the functions of the internal special audit unit; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to any such employee holding any such appointment. Employees of the internal special audit unit shall have experience with accounting, auditing, financial analysis, applicable law, business management and public administration and shall devote their full-time and efforts to the unit. Employees shall be subject to the rules and regulations established for employees of the office of the inspector general pursuant to chapter 12A. Every person so appointed to any position in the internal special audit unit shall have experience and skill in the field of such position.

(c) Pursuant to chapter 12A, the internal special audit unit shall monitor the quality, efficiency and integrity of the department's operating and capital programs, including those of the Massachusetts Bay Transportation Authority, and seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public or private transportation funds. In accordance with said chapter 12A, the department shall cooperate with the unit in carrying out the unit's duties, including granting unrestricted and immediate access to persons, documents, databases, electronic data or other materials deemed necessary by the director to conduct an investigation, audit or review.

(d) The director may report and refer any instances of fraud, waste or abuse in the expense of transportation funds or the procurement of any supplies, services or construction by the department to the inspector general for investigation pursuant to chapter 12A and the results of such investigation may be referred to the attorney general for appropriate action.
 

 

Auto Insurance At-Fault Accidents

SECTION 14.   Subsection (b) of section 57A of said chapter 6C, as so appearing, is hereby amended by inserting after the first sentence the following 2 sentences:- For an at-fault accident claim, a minor accident shall be an accident for which the claim payment, exclusive of any deductible, exceeds $1,000 but is not more than $5,000 under: (i) property damage liability coverage; (ii) collision coverage; (iii) limited collision coverage; (iv) for accidents occurring on or after January 1, 2006, bodily injury liability coverage if there is neither a surchargeable property damage liability coverage claim nor a surchargeable collision coverage claim; or (v) as a result of an accident with a bodily injury liability coverage claim. For an at-fault accident claim, a major accident shall be an accident for which the claim payment, exclusive of any deductible, exceeds $5,000 under either (A): property damage liability coverage; (B) collision coverage; (C) limited collision coverage; (D) for accidents occurring on or after January 1, 2006, bodily injury liability coverage if there is neither a surchargeable property damage liability coverage claim nor a surchargeable collision coverage claim; or (E) as a result of an incident with a bodily injury liability coverage claim.
 

 

MassDot PPP 1

SECTION 15.   Section 63 of said chapter 6C, as so appearing, is hereby amended by striking out, in line 4, the figure "70" and inserting in place thereof the following figure:- 73.
 

 

MassDot PPP 2

SECTION 16.   Said section 63 of said chapter 6C, as so appearing, is hereby further amended by inserting after the word "proposals", in line 41, the following words:- , with an opportunity for public comment,.
 

 

MassDot PPP 3

SECTION 17.   Section 73 of said chapter 6C, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "pursuant to section 59".
 

 

MassDot PPP 4

SECTION 18.   Said section 73 of said chapter 6C, as so appearing, is hereby further amended by striking out, in lines 6 to 9, inclusive, the words ", none of whom shall be employees of the executive branch or members or employees of the legislature for a period of at least 2 years prior to his appointment. The commission shall include" and inserting in place thereof the following words:- and shall consist of.
 

 

MassDot PPP 5

SECTION 19.   The second paragraph of said section 73 of said chapter 6C, as so appearing, is hereby amended by striking out the last sentence.
 

 

MassDot PPP 6

SECTION 20.   Said section 73 of said chapter 6C, as so appearing, is hereby further amended by striking out, in line 58, the words "and (9)" and inserting in place thereof following words:- (9) issues of public concern; and (10).
 

 

MassDot PPP 7

SECTION 21.   Said section 73 of said chapter 6C, as so appearing, is hereby further amended by striking out the sixth, seventh and eighth paragraphs and inserting in place thereof the following paragraph:-

The report shall be delivered within 30 days of the commission's approval of a request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain services to the secretary of administration and finance, the house and senate committees on ways and means, and the house and senate chairs of the joint committee on transportation.
 

 

Health Policy Commission

SECTION 22.   Chapter 6D of the General Laws is hereby amended by inserting after section 2 the following section:-

Section 2A. The commission shall keep confidential all nonpublic clinical, financial, strategic or operational documents or information provided or reported to the commission in connection with any care delivery or quality improvement process or performance improvement plan activities authorized under section 7, 10, 14 or 15 of this chapter or under section 2GGGG of chapter 29 and shall not disclose the information or documents to any person without the consent of the payer or provider providing or reporting the information or documents under said section 7, 10, 14 or 15 of this chapter or under said section 2GGGG of said chapter 29, except in summary form in evaluative reports of such activities or when the commission believes that such disclosure should be made in the public interest after taking into account any privacy, trade secret or anticompetitive considerations. The confidential information and documents shall not be public records and shall be exempt from disclosure under clause Twenty sixth of section 7 of chapter 4 or section 10 of chapter 66.
 

 

CPAT Changes

SECTION 23.   Section 4A of chapter 7 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The executive office for administration and finance shall include a division of capital asset management and maintenance, which shall be headed by a commissioner as provided in section 2 of chapter 7C, the Massachusetts office of information technology, which shall be headed by a chief information officer as provided in chapter 7D, and a department of revenue as provided in chapter 14. The executive office for administration and finance shall include the human resources division and the operational services division. The divisions, the offices and the department shall develop policies and standards to govern the conduct of the secretariats, departments, agencies, boards and commissions of the commonwealth in each of these areas and shall provide expertise and centralized processing to those secretariats, departments, agencies, boards and commissions and any other entities of state government.
 

 

CPAT Changes

SECTION 24.   Said section 4A of said chapter 7, as so appearing, is hereby further amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e) The executive office for administration and finance shall promote and improve accountability and transparency throughout the executive department by operating a searchable website as required by section 14C, monitoring and reviewing federal grant applications made on behalf of the commonwealth, coordinating efforts to maximize federal revenue opportunities and providing oversight of compliance with federal reporting requirements. In promoting accountability and transparency, the office may also: (i) establish and maintain a central intake unit for reports of fraud, waste and abuse; (ii) establish and maintain an economic forecasting and analysis unit to coordinate all spending and revenue forecasting by state agencies and coordinate with the caseload and economic forecasting office established in section 4R; (iii) reduce and simplify paperwork of state agencies and departments through the adoption of uniform forms or corresponding short federal forms; (iv) implement and streamline electronic paperwork options to better facilitate public interaction with state agencies; and (v) collaborate with state agencies, authorities and other entities to carry out this subsection.
 

 

CPAT Trust Fund Changes

SECTION 25.   Section 4F1/2 of said chapter 7, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The secretary of administration and finance shall expend funds in the trust without further appropriation to support activities related to the promotion of accountability and transparency as set forth in subsection (e) of section 4A, and to support any performance management programs that the office of the governor may develop.
 

 

Office of Commonwealth Performance, Accountability and Transparency 5

SECTION 26.   Subsection (a) of section 4R of said chapter 7, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be a caseload and economic forecasting office within the executive office for administration and finance.
 

 

Office of Commonwealth Performance, Accountability and Transparency 6

SECTION 27.   Said section 4R of said chapter 7, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words "assistant secretary for commonwealth performance, accountability and transparency" and inserting in place thereof the following word:- secretary.
 

 

Massachusetts Percent for Art Program

SECTION 28.   Chapter 7C of the General Laws is hereby amended by adding the following section:-

Section 73. (a) There shall be a Massachusetts percent for art program, or MPAP, to be administered by the public art commission established in subsection (c). The MPAP shall provide for the creation and preservation of existing public art in the city of Boston and municipalities designated as gateway municipalities under section 3A of chapter 23A. Under this program, if construction or substantial renovation of state-owned buildings and properties is undertaken, a minimum of 0.5 per cent of the cost of that construction or substantial renovation, not to exceed $250,000, shall be dedicated to the preservation of existing public art and the creation of new public art.

(b) The secretary of administration and finance may temporarily suspend the MPAP spending requirement set forth in subsection (a) in any year in which the consensus tax revenue forecast, determined under section 5B of chapter 29, is less than the prior year.

(c) There shall be a public art commission which shall administer the MPAP by: (i) making curatorial decisions on a project-by-project basis in coordination with members of the commonwealth's artist community who demonstrate distinguished service to the arts; (ii) consulting with pertinent local art and cultural commissions; (iii) promoting and encouraging public art; and (iv) coordinating with the executive department to ensure compliance with and participation in the MPAP. The commission may also research other funding mechanisms that may increase the total pool of funds for public art and suggest the development of programming for education and promotion regarding public art. All state agencies within the executive department shall cooperate with and provide assistance to the commission as necessary.

(d) The commission shall consist of the following 14 members: the secretary of administration and finance or a designee; the secretary of housing and economic development or a designee; the commissioner of capital asset management and maintenance or a designee; the secretary of energy and environmental affairs or a designee; the chair of the Massachusetts cultural council or a designee; a representative recommended by the mayor of the city of Boston; and 8 persons to be appointed by the governor, 2 of whom shall be representatives from municipalities designated as gateway municipalities under section 3A of chapter 23A who shall be selected from individuals recommended by the chief executive officer of any such municipality, 2 of whom shall be project designers with experience in the creation and installation of public art, 2 of whom shall be artists or representatives from nonprofit or community organizations associated with the arts and 2 of whom the governor otherwise deems appropriate but who do not possess the foregoing qualifications. The commission shall annually elect 1 of its members to serve as chair. Commission members shall serve without compensation or reimbursement for expenses.

(e) The commission shall meet at such times and places as directed by the chair.

(f) The commissioner of capital asset management and maintenance shall appoint an MPAP coordinator who shall report to the commissioner. In coordination with the commission and any other agencies as the commissioner may deem appropriate, the coordinator shall, without limitation: (i) recommend the guidelines and parameters for the MPAP; (ii) research other successful funding mechanisms that increase the total pool of funds for public art; and (iii) oversee the creation of a central entity to host a variety of shared resources relating to the implementation, installation, maintenance and preservation of public art.

(g) Annually, not later than September 1, the commission shall provide a report to the governor, the secretary of administration and finance and the clerks of the senate and house of representatives describing the actions of the MPAP and the commission and any other information the commission deems pertinent.
 

 

Illegal Tobacco Enforcement: Lottery License Suspension 1

SECTION 29.   Chapter 10 of the General Laws is hereby amended by inserting after section 30A the following section:-

Section 30B. Upon receiving notice from the commissioner of revenue that a retailer, as defined in section 1 of chapter 64C, or a cigar retailer, as defined in section 7B of said chapter 64C, has had a cigar or tobacco license suspended or revoked for a knowing violation of paragraph (1) of subsection (l) of said section 7B of said chapter 64C, or section 34 or 35 of said chapter 64C, the director of the state lottery shall suspend any license to sell lottery tickets or shares issued to that retailer or cigar retailer pursuant to sections 26 and 27, for up to 60 days.
 

 

Commonwealth Covenant Fund

SECTION 30.   Section 35EE of said chapter 10 is hereby repealed.
 

 

Economic Empowerment Trust Fund 1

SECTION 31.   Said chapter 10 is hereby further amended by striking out section 35QQ, as appearing in the 2014 Official Edition, and inserting in place thereof the following section:-

Section 35QQ. (a) There shall be an Economic Empowerment Trust Fund to encourage and facilitate economic empowerment throughout the commonwealth. Funds may be expended to encourage and facilitate economic empowerment programs, including but not limited to programs: (i) establishing financial literacy programs; (ii) creating college savings accounts, in cooperation with the Massachusetts Educational Financing Authority; (iii) establishing college and career readiness programs, particularly in the areas of science, technology, engineering and math; and (iv) supporting and promoting wage equality. The state treasurer shall administer the fund in consultation with the board of trustees established under subsection (b). The fund may accept private contributions, publicly or privately-funded grants and funds appropriated by the state or federal government. No expenditure from the fund shall cause the fund to be in deficiency at the close of the fiscal year. Monies deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year. The fund shall be an expendable trust fund and shall not be subject to appropriation or allotment.

(b) There shall be a board of trustees of the Economic Empowerment Trust Fund to consist of 20 members. There shall be 6 nonvoting members, 2 of whom shall be appointed by the president of the senate, 1 of whom shall be appointed by the minority leader of the senate, 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. There shall be 14 voting members: the state treasurer or a designee, who shall serve as chair; the attorney general or a designee; the undersecretary of consumer affairs and business regulation or a designee; the commissioner of elementary and secondary education or a designee; the secretary of education or a designee; the secretary of housing and economic development or a designee; and 8 persons to be appointed by the state treasurer, 1 of whom shall have experience in education, 1 of whom shall have experience in financial services, 1 of whom shall have experience in biotechnology, 1 of whom shall have experience in health care, 1 of whom shall have experience in computers or mathematics, 1 of whom shall have experience in life, physical or social sciences, 1 of whom shall have experience in fundraising and 1 of whom shall have experience in architecture or engineering. All nonelected members shall serve for terms of 3 years, and may be reappointed. The state treasurer may expend funds, subject to the approval of the board of trustees, to cover the expenses of administering the fund which may include the hiring of professional staff or an annual independent audit of the financial activities of the fund. The state treasurer may also enter into contracts with private corporations to manage and implement the programmatic fiduciary or administrative goals of the fund, subject to the approval of the board of trustees. The state treasurer may, subject to the approval of the board of trustees, and to the extent necessary, create a 501(c)(3) corporation to fulfill the purposes of the fund. The board of trustees may support and facilitate the establishment of college savings accounts, which shall meet the requirements of a qualified tuition program under 26 U.S.C. Section 529, in cooperation with the Massachusetts Educational Financing Authority, for students throughout the commonwealth. The board of trustees shall develop by-laws and may develop regulations for the implementation of the fund, including guidelines for the establishment of college savings accounts. The state treasurer shall annually report to the clerks of the house of representatives and senate, the house and senate chairs of the joint committee on financial services, the house and senate chairs of the joint committee on education and the chairs of the house and senate committees on ways and means on all programmatic and financial activities and balances of the fund not later than the last Wednesday in December.

(c) Notwithstanding any general or special law to the contrary, the state treasurer and the members of the board of trustees or their designees shall maximize the balance of the fund by soliciting private donations, gifts, grants and bequests for the fund, including through direct and indirect fundraising.
 

 

Flood Control Compact Fund

SECTION 32.   Said chapter 10 is hereby further amended by inserting after section 35AAA the following 2 sections:-

Section 35BBB. (a) There shall be established and set up on the books of the commonwealth a Douglas State Forest Maintenance Trust Fund to be used, without further appropriation, for the long-term preservation, maintenance, nourishment and public safety of the Douglas State Forest in the town of Douglas. Any balance in the fund at the end of the fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.

(b) The department of conservation and recreation shall impose a surcharge of $1 upon each fee charged and collected for admission to and parking in the Douglas State Forest. The additional monies collected from the surcharge shall be deposited into the Douglas State Forest Maintenance Trust Fund. Expenditures by the fund for public safety may be made available to the police, fire, ambulance and emergency personnel of the town of Douglas. On or before November 30 of each year, the department of conservation and recreation shall meet with the board of selectmen of the town of Douglas to discuss the maintenance and safety plan for the forest for the next calendar year as well as the balance and expenditures from the Douglas State Forest Maintenance Trust Fund.

(c) An annual report, which shall include projects undertaken, expenditures made and income received by the fund, shall be submitted to the clerks of the house of representatives and the senate and to the house and senate committees on ways and means not later than December 31 of each year.

Section 35CCC. There shall be established and set up on the books of the commonwealth a Flood Control Compact Fund, which shall be administered by the department of conservation and recreation. The fund shall be credited with: (i) all sums received by the commonwealth on account of compacts authorized by the general court, including sums received from other states; (ii) any appropriations, bond proceeds or other monies authorized or transferred by the general court and specifically designated to be credited to the fund; (iii) all other amounts credited or transferred to the fund from any other fund or source; and (iv) interest or investment earnings on any such monies. Amounts credited to the fund may be expended, without further appropriation, by the department for costs arising under any compact authorized by the general court, including, but not limited, to reimbursing cities and towns in the commonwealth or other states and their political subdivisions for costs. The unexpended balance in the fund at the end of a fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point.
 

 

Center for Health Information and Analysis

SECTION 33.   Chapter 12C of the General Laws is hereby amended by inserting after section 2 the following section:-

Section 2A. (a) There shall be a health information and analysis oversight council which shall oversee the center; provided, however, that the council shall not oversee the Betsy Lehman center for patient safety and medical error reduction established in section 15. The council shall consist of: the secretary of health and human services; the secretary of administration and finance; the commissioner of insurance; the executive director of the health policy commission; 2 members who shall be appointed by the attorney general, 1 of whom shall have experience in cybersecurity; 2 members who shall be appointed by the state auditor, 1 of whom shall be a health care economist; and 3 members who shall be appointed by the governor, 1 of whom shall have experience in health care delivery or health care management, 1 of whom shall have experience with the use of big data, open data and analytics and 1 of whom shall have experience in finance and budgeting. Appointments shall be made without regard to political affiliation. Members of the council shall serve for terms of 5 years. In the case of a vacancy, a successor shall be appointed for the remainder of the unexpired term in the same manner as the original appointment. Members of the council shall be eligible for reappointment. Members of the council shall not be employed by, a consultant to, a member of the board of directors of, affiliated with, have a financial stake in or otherwise be a representative of: (i) an acute hospital; (ii) an ambulatory surgical center; or (iii) a surcharge payor. The council shall annually elect 1 of its members to serve as chair and 1 to serve as vice-chair. Members of the council shall be residents of the commonwealth.

(b) The council shall meet on a quarterly basis. Meetings of the council shall be subject to sections 18 to 25, inclusive, of chapter 30A. Six members of the council shall constitute a quorum and the council may take any action based on the affirmative vote of 6 members. No vacancy in the membership of the council shall impair the right of a quorum to exercise all the rights and duties of the commission. Members shall serve without pay, but shall be reimbursed for actual expenses necessarily incurred in the performance of their duties.

(c) The council shall:

(1) prepare an annual operating budget for the center following at least 1 public hearing;

(2) review and manage the administrative expenses of the center;

(3) implement procedures for communications with the executive director;

(4) develop annual research and analysis priorities for the center; provided, however, that the council shall not require approval of the center's actions under section 16 of this chapter, section 38C of chapter 3 or section 17 of chapter 176A;

(5) develop guidelines for uniform reporting and data preparation pursuant to sections 8 to 10, inclusive; and

(6) develop guidelines for the collection, storage and maintenance of the payer and provider claims database established pursuant to section 12.

(d) Chapter 268A shall apply to all council members except that the center may purchase from, sell to, borrow from, contract with or otherwise deal with any organization in which any council member is in anyway interested or involved; provided, however, that such interest or involvement shall be disclosed in advance to the council and recorded in the minutes of the proceedings of the council; and provided further, that no member shall be deemed to have violated section 4 of said chapter 268A because of the member's receipt of that member's usual and regular compensation from the member's employer during the time in which the member participates in the activities of the council.
 

 

Illegal Tobacco Enforcement: Tobacco Providers List

SECTION 34.   Section 6 of chapter 14 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following paragraph:-

10. Shall maintain on the department's website an easily searchable and regularly updated list of all taxpayers licensed under section 67 of chapter 62C as a: manufacturer, wholesaler, vending machine operator, unclassified acquirer, transportation company, retailer as defined in section 1 of chapter 64C, or cigar distributor or cigar retailer as defined in section 7B of said chapter 64C.
 

 

Office of Trustee Relations

SECTION 35.   Section 1 of chapter 15A of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The board of higher education shall provide orientation, professional development and support for the boards of trustees in areas including, but not limited to, system-level initiatives, trustee accountability, recruitment and board responsibilities.
 

 

University of Massachusetts Tuition Retention 1

SECTION 36.   Section 9 of said chapter 15A, as so appearing, is hereby amended by striking out, in lines 75 to 79, inclusive, the words "In the case of the university, the council shall review the recommendations of the board of trustees relative to tuition rates at said university and its campuses. Said tuition rates shall be subject to the approval of the council" and inserting in place thereof the following words:- Tuition rates shall be subject to the approval of the council; provided, however, that tuition rates at the University of Massachusetts shall be subject to section 1B of chapter 75 and shall not require the approval of the council.
 

 

University of Massachusetts Tuition Retention 2

SECTION 37.   Said section 9 of said chapter 15A, as so appearing, is hereby further amended by striking out, in line 84, the words "public institution of higher education" and inserting in place thereof the following words:- state university and community college.
 

 

Co-location 1

SECTION 38.   The second paragraph of section 5 of chapter 18 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- A representative of a one stop career center shall be placed within each regional office to provide support to individuals seeking employment, job training, education or other transitional assistance.
 

Veto Explanation:
I am vetoing this section and section 44 in light of my approval of section 178, which requires a plan to co-locate representatives in one stop career centers and regional offices of the Department of Transitional Assistance. I am vetoing sections 38 and 44 in order to allow the agencies, under section 178, to develop a flexible and efficient co-location plan.

 

DCF Reliance on Fingerprint Checks

SECTION 39.   Chapter 18B of the General Laws is hereby amended by adding the following section:-

Section 26. As part of the department's licensing and background record check process, the department shall conduct fingerprint-based checks of the state and national criminal history databases, as authorized by 42 U.S.C. Section 16962, for all applicants to be adoptive or foster parents and their household members age 15 or older. Authorized department staff may receive criminal offender record information and the results of state and national criminal history databases checks, pursuant to said 42 U.S.C. Section 16962. The department shall handle the information obtained under this section pursuant to sections 167 to 178, inclusive, of chapter 6.

As part of the department's approval process, the department, prior to issuing any approval, shall: (i) obtain from the sex offender registry board all available sex offender registry information associated with the address of the center, home or facility; and (ii) conduct fingerprint-based checks of the state and national criminal history databases, pursuant to Public Law 92-544, that are required under this section. The fingerprint-based checks of the state and national criminal history databases shall be conducted, pursuant to said Public Law 92-544, to determine the suitability of all applicants for employment, interns and volunteers who have the potential for unsupervised contact with children in any department-approved program. The fingerprint-based checks shall also be required to determine the suitability of any individual who provides transportation services on behalf of any department-approved program. Authorized department staff may receive all criminal offender record information and the results of checks of state and national criminal history information databases pursuant to said Public Law 92-544. When the department obtains the results of checks of state and national criminal information databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.
 

 

Worcester Tourism 1

SECTION 40.   Section 13H of chapter 23A, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 24, the words "County Convention and Visitors Bureau" and inserting in place thereof the following words:- Regional Tourism and Visitors Corporation.
 

 

Worcester Tourism 2

SECTION 41.   Section 14 of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words "County Convention and Visitors Bureau" and inserting in place thereof the following words:- Regional Tourism and Visitors Corporation.
 

 

Rural Policy Advisory Commission

SECTION 42.   Said chapter 23A is hereby further amended by adding the following section:-

Section 66. (a) There shall be a rural policy advisory commission within, but not subject to the supervision or control of, the executive office of housing and economic development. The mission of the commission shall be to enhance the economic vitality of rural communities, defined as municipalities with population densities of less than 500 persons per square mile, and to advance the health and well-being of rural residents.

(b) The commission shall consist of the following 15 members: the speaker of the house of representatives, ex officio, or a designee; the president of the senate, ex officio, or a designee; the secretary of housing and economic development, ex officio, or a designee; 12 persons to be appointed by the governor, 1 of whom shall be from the Berkshire regional planning commission, 1 of whom shall be from the Cape Cod commission, 1 of whom shall be from the central Massachusetts regional planning district commission, 1 of whom shall be from the Franklin Regional Council of Governments, 1 of whom shall be from the Martha's Vineyard commission, 1 of whom shall be from the Montachusett regional planning commission, 1 of whom shall be from the Nantucket Planning and Economic Development Commission and 1 of whom shall be from the Pioneer Valley Planning Commission. Commission members shall be persons with demonstrated interests and experience in advancing the interests of rural residents.

(c) Members of the commission may serve a maximum of 3 consecutive 3-year terms. Vacancies in the membership of the commission shall be filled for the balance of the unexpired term. The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it considers necessary. The members of the commission shall receive no compensation for their services but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties. Members shall be considered special state employees for the purposes of chapter 268A.

(d) The commission shall serve as a research body for issues critical to the welfare and vitality of rural communities and shall: (i) study, review and report on the status of rural communities and residents in the commonwealth; (ii) advise the general court and the executive branch of the impact of existing and proposed state laws, policies and regulations on rural communities; (iii) advance legislative and policy solutions that address rural needs; (iv) advocate to ensure that rural communities receive a fair share of state investment; (v) promote collaboration among rural communities to improve efficiency in delivery of services; and (vi) develop and support new leadership in rural communities. The executive office shall provide the commission with adequate office space and any research, analysis or other staff support that the commission reasonably requires.

(e) The commission shall meet on a quarterly basis at the discretion of the chair. Meeting locations shall rotate between Boston, Cape Cod and the Islands, central Massachusetts and western Massachusetts. Meetings shall be open to the public pursuant to sections 18 to 25, inclusive, of chapter 30A.

(f) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds for any of the purposes of this section. The funds shall be deposited in a separate account with the state treasurer, shall be received by the state treasurer on behalf of the commonwealth and shall be expended by the commission under the law.

(g) The commission shall annually, not later than June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the senate and the house of representatives who shall forward the same to the joint committee on economic development and emerging technologies.
 

 

Hotel and Motel Common Areas

SECTION 43.   Section 30 of chapter 23B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following paragraph:-

The department shall ensure that a hotel or motel under contract to provide emergency housing assistance to individuals receiving benefits under this section shall provide access to all common and recreational areas otherwise accessible to hotel or motel guests under the same terms and conditions as those generally available to hotel or motel guests.
 

 

Co-location 2

SECTION 44.   Subsection (b) of section 6 of chapter 23H of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

A representative of the department of transitional assistance shall be placed within each one stop career center to provide support to individuals seeking employment, job training, education or other transitional assistance.
 

Veto Explanation:
I am vetoing this section and section 38 in light of my approval of section 178, which requires a plan to co-locate representatives in one stop career centers and regional offices of the Department of Transitional Assistance. I am vetoing sections 38 and 44 in order to allow the agencies, under section 178, to develop a flexible and efficient co-location plan.

 

STEM Advisory Council 3

SECTION 45.   Section 2MMM of chapter 29, as so appearing, is hereby amended by striking out, in line 15, the figure "217" and inserting in place thereof the following figure:- 218.
 

 

Commonwealth Care Trust Fund Spending

SECTION 46.   The second paragraph of section 2OOO of said chapter 29, as so appearing, is hereby amended by inserting after the fifth sentence the following sentence:- 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 estimate of revenues as certified by the secretary of administration and finance to be deposited under this section.
 

 

Medical Assistance Trust Fund Authority

SECTION 47.   Section 2QQQ of said chapter 29, as so appearing, is hereby amended by striking out, in line 4, the words "supplemental Medicaid" and inserting in place thereof the following words:- Medicaid supplemental and incentive.
 

 

Feasibility Study of Bulk Purchasing and Distribution of Naloxone

SECTION 48.   Said chapter 29 is hereby further amended by inserting after section 2QQQQ the following section:-

Section 2RRRR. (a) There shall be a Municipal Naloxone Bulk Purchase Trust Fund to be administered and expended by the commissioner of public health or a designee for the municipal naloxone bulk purchase program. Municipalities may join the program to purchase naloxone for municipal first responder agencies. The state office of pharmacy services shall assist with the purchasing and distribution of naloxone on behalf of the program. The department of public health shall provide technical assistance to participating municipalities to ensure that municipalities complete all training and registration requirements.

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

 

Classification Appeals

SECTION 49.   The first paragraph of section 49 of chapter 30 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A manager or an employee of the commonwealth objecting to any provision of the classification affecting the manager or employee's office or position may appeal in writing to the personnel administrator.
 

 

Promulgation of Regulations

SECTION 50.   Section 6D of chapter 30A of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Each executive office shall publish on its website a list of statutes passed in the previous 24 months for which regulations are required and for which regulations have not been adopted, identifying the session law in which the statutory authority was passed and containing a brief statement as to the agency's plan to adopt the regulations. Semi-annually, the plan shall be updated on the website and filed with the clerks of the house of representatives and the senate and the chairs of the joint committee on state administration and regulatory oversight.
 

Veto Explanation:
I am vetoing this section because it imposes unnecessary burdens on state agencies which largely duplicate the existing requirements of section 6D of chapter 30A.

 

Sex Offender Appeals

SECTION 51.   Paragraph (3) of section 14 of said chapter 30A, as so appearing, is hereby amended by adding the following sentence:- Notwithstanding the foregoing, if the sex offender registry board or the court issues a stay of a final classification in a sex offender registry board proceeding or court appeal held pursuant to section 178M of chapter 6, then such hearing shall be expedited and such stay shall be for not more than 60 days.
 

 

Local Commission on Disability

SECTION 52.   Section 20 of said chapter 30A, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e) A local commission on disability may by majority vote of the commissioners at a regular meeting authorize remote participation applicable to a specific meeting or generally to all of the commission's meetings. If a local commission on disability is authorized to utilize remote participation, a physical quorum of that commission's members shall not be required to be present at the meeting location; provided, however, that the chair or, in the chair's absence, the person authorized to chair the meeting, shall be physically present at the meeting location. The commission shall comply with all other requirements of law.
 

 

FY17 Pension Transfer

SECTION 53.   Section 22C of chapter 32 of the General Laws is hereby amended by striking out, in line 64, the figure "$2,169,000,000", as so appearing, and inserting in place thereof the following figure:- $2,217,749,000.
 

 

Duration of Retirement Board Contracts

SECTION 54.   Section 23B of said chapter 32, as so appearing, is hereby amended by striking out, in lines 246 and 249, the figure "5" and inserting in place thereof, in each instance, the following figure:- 7.
 

 

Retirement Board Investments

SECTION 55.   Paragraph (6) of subsection (k) of said section 23B of said chapter 32, as so appearing, is hereby amended by adding the following subparagraph:-

(iii) A retirement board is permitted to invest in private equity and real estate follow-on or successor funds provided that:

(A) the retirement system invested in the previous fund;

(B) the fund advisor or manager has no material change in personnel;

(C) the strategy is unchanged; and

(D) not more than 10 years have elapsed since the retirement board conducted their original due diligence.
 

Veto Explanation:
I am vetoing this section because it authorizes the state's many retirement systems to engage in follow-on investments without the protection afforded by up-to-date due diligence.

 

Municipal Withdrawal from GIC 1

SECTION 56.   Section 19 of chapter 32B of the General Laws, as so appearing, is hereby amended by striking out, in lines 192 to 195, inclusive, the words "at either 3 or 6-year intervals from the date of transfer of subscribers to the commission, as determined by the written agreement which shall specify the withdrawal interval and withdrawal procedures." and inserting in place thereof the following words:- after an initial 3-year period from the date of transfer of subscribers to the commission, at whole-year intervals determined by the written agreement which shall specify the withdrawal interval and withdrawal procedures; provided, however, that such whole-year intervals shall not be less than 2 years in length.
 

 

Municipal Withdrawal Deadline 1

SECTION 57.   Said section 19 of said chapter 32B, as so appearing, is hereby further amended by striking out, in line 206, the word "October" and inserting in place thereof the following word:- December.
 

 

Municipal GIC Claims Data 1

SECTION 58.   The first paragraph of subsection (f) of said section 19 of said chapter 32B, as so appearing, is hereby amended by adding the following 3 sentences:- Upon a written request by the mayor, town manager or the public employee committee of a political subdivision, the commission shall provide the political subdivision with its claims history from the previous year, which shall include, but not be limited to, the following information: (i) subscriber count; (ii) covered lives count; (iii) total paid medical claims; and (iv) total paid prescription drug claims. The commission may charge a fee for providing the data in an amount determined by the executive director, which shall not be greater than $1,000. The commission shall provide a detailed data response to such request within 60 days.
 

 

Municipal Withdrawal from GIC 2

SECTION 59.   Section 23 of said chapter 32B, as so appearing, is hereby amended by striking out, in lines 40 and 41, the words "at 3 year intervals from the date of transfer of subscribers to the commission" and inserting in place thereof the following words:- after an initial 3-year period from the date of transfer of subscribers to the commission, at whole-year intervals; provided, however, that such whole-year intervals shall not be less than 2 years in length as determined by the written agreement established in subsection (c) of section 21.
 

 

Municipal Withdrawal Deadline 2

SECTION 60.   Said section 23 of said chapter 32B, as so appearing, is hereby further amended by striking out, in line 43, the word "October" and inserting in place thereof the following word:- December.
 

 

Municipal GIC Claims Data 2

SECTION 61.   Subsection (b) of said section 23 of said chapter 32B, as so appearing, is hereby amended by adding the following 3 sentences:- Upon a written request by the mayor, town manager or the public employee committee of a political subdivision, the commission shall provide the political subdivision with its claims history from the previous year, which shall include, but not be limited to, the following information: (i) subscriber count; (ii) covered lives count; (iii) total paid medical claims; and (iv) total paid prescription drug claims. The commission may charge a fee for providing the data in an amount determined by the executive director, which shall not be greater than $1,000. The commission shall provide a detailed data response to such request within 60 days.
 

 

Publication of Municipal Documents

SECTION 62.   Section 49 of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "print" and inserting in place thereof the following words:- make available.
 

 

MassCAN

SECTION 63.   Chapter 40J of the General Laws is hereby amended by inserting after section 6H the following section:-

Section 6I. (a) The Massachusetts Technology Park Corporation established in section 3 and doing business as the Massachusetts Technology Collaborative shall, subject to appropriation, establish and promote computer science education in public schools. The collaborative shall serve as the state agent in support of the objectives of the Massachusetts Computing Attainment Network, or MassCAN; provided, however, that the primary goal of MassCAN shall be to strengthen the growth and vitality of the commonwealth's technology industry and the technology dependent business sectors by implementing a broad-based education and workforce strategy with the objective of increasing the number of students prepared to pursue computing technology careers. In furtherance of this goal, MassCAN shall seek to promote an environment in which all students in kindergarten to grade 12, inclusive, have access to computer science courses. MassCAN may, subject to the availability of funds: (i) promote the development and implementation of educational programs, courses and modules for students in kindergarten to grade 12, inclusive, and teachers; (ii) collaborate with the department of elementary and secondary education in developing new voluntary computer science standards for kindergarten to grade 12, inclusive; (iii) collaborate with the department of higher education to create computer science professional development hubs at universities in each of the regional science, technology, engineering and mathematics, or STEM, networks established by the department; (iv) develop a school district-based program to assist teachers and administrators with the implementation of new computer science courses; (v) develop and maintain a website to share computer science resources and broadly communicate best practices and successes; (vi) connect computer science students with industry professionals to enhance students' understanding of the relevance of their educational experience to the workplace and STEM career opportunities; (vii) identify the particular needs of school districts with disproportionately high numbers of underrepresented minorities; and (viii) leverage at least $1 in matching funds from non-state sources of funding for every $1 expended within the commonwealth. MassCAN shall take into consideration the recommendations of the STEM advisory council established in section 218 of chapter 6 when developing and implementing educational programs.

(b) There shall be a MassCAN advisory board to consist of 9 members to be appointed by the governor, including: 1 person recommended by the Massachusetts Competitive Partnership, Inc.; 1 person recommended by the Massachusetts Business Roundtable; 1 person recommended by the Massachusetts Technology Leadership Council, Inc.; 1 person recommended by a federally-funded research corporation; 1 person recommended by the chair of the computer science department of a public university; 1 person recommended by the Massachusetts Association of School Superintendents, Inc.; 1 person recommended by the Greater Boston chapter of the Computer Science Teachers Association; 1 person recommended by the METCO program; and 1 person recommended by the Massachusetts chapter of the Society of Women Engineers.

(c) The collaborative shall file an annual report on or before September 30 with the clerks of the house of representatives and the senate who shall forward the same to the house and senate committees on ways and means and the joint committee on economic development and emerging technologies. The report shall detail a 3-year strategic plan, annual goals and progress in achieving those goals. The report shall be published on the website of the collaborative.
 

 

Sex Reassignment Birth Records

SECTION 64.   Section 13 of chapter 46 of the General Laws as appearing in the 2014 Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e)(1) If a person has completed medical intervention for the purpose of permanent sex reassignment, the birth record of that person shall be amended to permanently and accurately reflect the reassigned sex if the following documents have been received by the state registrar or town clerk:

(i) an affidavit executed by the person to whom the record relates or by the parent or guardian if such person is a minor indicating the individual's sex; and

(ii) a physician's notarized statement that the person has completed medical intervention, appropriate for that individual, for the purpose of permanent sex reassignment and is not of the sex recorded on the record.

(2) The affiant shall furnish a certified copy of the legal change of name if the affiant is seeking a birth record with the legal change of name instead of the name as appearing on the birth record prior to the amendment.
 

 

Primary Dates 1

SECTION 65.   Section 28 of chapter 53 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following 2 sentences:- If a religious holiday falls on or immediately before the second Tuesday in September in an even-numbered year, the state primary shall be held on a date set by the state secretary within 7 days of the second Tuesday in September. The state secretary shall publish the date change of the state primary not later than February 1 of that year by: (i) providing notice of the change to the state parties; (ii) filing notice with the state publications and regulations division; (iii) posting the information on the website of the state secretary; and (iv) any other means necessary to ensure proper notification.
 

 

Primary Dates 2

SECTION 66.   Section 103P of chapter 54 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Notwithstanding any provision of this section to the contrary, if the day fixed by a city or town for holding a preliminary or primary election falls on a religious holiday and impairs the rights of voters as determined by the state secretary, the city or town shall change the date of the election so as to protect the rights of voters.
 

 

Earned Income Tax Credit

SECTION 67.   (a) Section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in lines 302 and 307, the figure "15" and inserting in place thereof, in each instance, the following figure:- 23.

(b) Section 95 of chapter 173 of the acts of 2008 is hereby repealed.

(c) Subsection (a) of this section shall not take effect prior to the effective date of subsection (b) of this section. If subsection (b) fails to take effect, subsection (a) shall not take effect.

(d) Subsection (a) of this section shall take effect on January 1, 2016 contingent on the effect of subsection (b) of this section and shall apply to tax years beginning on or after January 1, 2016.

(e) Subsection (b) of this section shall take effect on December 31, 2015.
 

 

Illegal Tobacco Enforcement: Information Sharing

SECTION 68.   Subsection (b) of section 21 of chapter 62C of the General Laws, as so appearing, is hereby amended by adding the following clause:-

(28) the disclosure of information to members of the multi-agency illegal tobacco task force established in section 40 of chapter 64C or to federal law enforcement for the purpose of investigating or prosecuting criminal offenses relative to contraband tobacco distribution or conducting other enforcement actions relative to contraband tobacco distribution.
 

 

Illegal Tobacco Enforcement: Lottery License Suspension 2

SECTION 69.   Section 68 of said chapter 62C, as so appearing, is hereby amended by adding the following paragraph:-

The commissioner shall provide notice to the director of the state lottery of a retailer, as defined in section 1 of chapter 64C, or a cigar retailer, as defined in subsection (a) of section 7B of said chapter 64C, whose license, issued under section 67, has been suspended or revoked by the department for a willful violation of paragraph (1) of subsection (l) of said section 7B of said chapter 64C or sections 34 or 35 of said chapter 64C and who is a licensee authorized to sell lottery tickets under sections 26 and 27 of chapter 10.
 

 

Combined Reporting Technical Edit

SECTION 70.   Paragraph 3 of section 30 of chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- For the purposes of this paragraph, in the case of a business corporation required to be included in a combined report pursuant to clause (i) of paragraph (3) of subsection (c) of section 32B, gross income shall be determined as if the corporation were organized in the United States.
 

Veto Explanation:
I am vetoing this section because it imposes additional taxes on certain businesses with operations in Massachusetts.

 

Illegal Tobacco Enforcement: Multi-Agency Illegal Tobacco Task Force

SECTION 71.   Chapter 64C of the General Laws is hereby amended by adding the following section:-

Section 40. (a) There shall be a multi-agency illegal tobacco task force. The task force shall coordinate efforts to combat contraband tobacco distribution, including efforts to foster compliance with the law and conduct targeted investigations and enforcement actions against violators. The task force shall be co-chaired by the colonel of state police or a designee and the commissioner of revenue or a designee and shall also consist of: the secretary of public safety and security or a designee; the state treasurer or a designee; the attorney general or a designee; and the commissioner of public health or a designee.

(b) The task force shall:

(i) facilitate timely information sharing among state agencies in order to advise or refer matters of potential investigative interest;

(ii) dedicate not less than an aggregate of 20 personnel from member agencies to carry out enforcement and investigative strategies;

(iii) identify where illegal tobacco distribution is most prevalent and target task force members' investigative and enforcement resources against those in violation of this chapter and chapter 62C, including through the formation of joint investigative and enforcement teams;

(iv) assess existing investigative and enforcement methods in the commonwealth and in other jurisdictions and develop and recommend strategies to improve those methods; and

(v) solicit the cooperation and participation of other relevant enforcement agencies and establish procedures for referring cases to prosecuting authorities as appropriate.

(c) The multi-agency illegal tobacco task force shall meet at times and places to be determined by the co-chairs and may establish working groups, meetings, forums or any other activity deemed necessary to carry out its mandate.

(d) The task force shall submit a report not later than March 1 of each year on the results of its findings, activities and recommendations from the preceding year with the clerks of the senate and house of representatives, the chairs of the joint committee on revenue, the chairs of the senate and house committees on ways and means and the chairs of the joint committee on public safety and homeland security. The report shall include, but not be limited to: (i) a description of the task force's efforts and activities during the year; (ii) identification of any administrative or legal barriers, including any barriers to multi-agency action or enforcement efforts; and (iii) proposed legislative or regulatory changes necessary to strengthen operations and enforcement efforts and reduce or eliminate any impediments to those efforts.
 

 

University of Massachusetts Tuition Retention 3

SECTION 72.   Section 1A of chapter 75 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 150 and 151, the words "; (p) submit recommendations to the council for approval for tuition rates at the university".
 

 

University of Massachusetts Tuition Retention 4

SECTION 73.   Said chapter 75 is hereby further amended by inserting after section 1A the following section:-

Section 1B. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Student charges", in-state and out-of-state tuition and fees that are charged to students for general attendance at the university; provided, however, that "student charges" shall not include any fee or other charge established by the university that is specific to a particular course, program or activity or any charges for room, board or student health insurance.

"Student tuition credit", a reduction in student charges for an eligible student.

(b) The board of trustees shall fix and establish student charges for the university. In-state tuition and mandatory student charges shall preserve affordability for residents of the commonwealth. Out-of-state student charges shall appropriately balance the financial needs of the university with the need to be competitive with peer institutions and, to the extent possible, cover, at a minimum, the actual cost of a student's education. Tuition shall comprise the majority portion of student charges. In establishing student charges, the board of trustees shall consider factors including: (i) the Consumer Price Index published by the Bureau of Labor Statistics in the United States Department of Labor; (ii) the Higher Education Price Index calculated by Commonfund; (iii) tuition and fee rates at peer institutions; (iv) collective bargaining costs; (v) total support from the commonwealth, including direct appropriations and support for capital construction and maintenance; and (vi) other relevant data and measures. The board shall increase in-state student charges by not more than is necessary to adequately fund the university.

(c) All student charges received by the university under this section shall be retained by the university in a revolving trust fund and shall be expended as the board of trustees directs for the operation and support of the university. Any balance remaining in the trust fund at the close of a fiscal year shall continue to be held in the trust fund, shall remain available for expenditure in subsequent fiscal years and shall not revert to the General Fund. The trust fund shall be subject to audit by the state auditor.

(d) The university shall provide to each student a detailed statement of all student charges. The statement shall be in a form approved by the board of trustees and shall include a breakdown of the student charges and show the discount rate for in-state students and the discount for a student who is eligible for a tuition credit.

(e) For employees of the university whose salaries are paid from tuition retained under subsection (c), fringe benefits and collective bargaining shall be funded as if those employees' salaries were supported by state appropriations and the funds shall not be assessed as fringe. This subsection shall apply only to fringe benefits and collective bargaining costs associated with salaries paid from retained tuition.

(f) All tuition waivers, grants and scholarships identified in chapter 15A or any other general or special law and reductions collectively bargained for that are in the form of tuition or fee waivers shall be student tuition credits. Students that are eligible for a tuition credit shall have their student charges reduced by the amount of the tuition credit.

(g) The board of trustees shall not accept any tuition waivers, grants or scholarships identified in chapter 15A or any other general or special law or reductions collectively bargained for that are in the form of tuition or fee waivers established on or after July 1, 2016 unless the reduction is accompanied with an appropriation that fully supports the reduction or the reduction is approved by the board of trustees.

(h) The university shall file a comprehensive report annually not later than March 1 with the senate and house committees on ways and means, the joint committee on higher education, the secretary of administration and finance and the secretary of education on: (i) the status of the percentage of student education costs placed upon the student and subsidized by the commonwealth; and (ii) the efficiencies and effectiveness of initiatives and programs at the university that save the commonwealth and students money and make the 5-campus system more efficient.

(i) For the purposes of calculating and funding the fringe benefits for employees whose salaries are paid from retained tuition at the university as provided for in subsection (e), all fringe benefits and collective bargaining costs of employees paid from retained tuition shall not exceed the amount of tuition remitted to the commonwealth as reported in the university's audited financial statements for fiscal year end June 30, 2016 and provided that the amount shall continue to be paid annually under said subsection (e).
 

 

Lights on vehicles

SECTION 74.   Section 15 of chapter 85 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following sentence:- A violation of this section shall not be deemed to be a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle insurance premiums pursuant to section 113B of chapter 175.
 

 

Distinctive Registration Plates 1

SECTION 75.   Section 2F of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6, 10 and 12, the figure "1,500" and inserting in place thereof, in each instance, the following figure:- 750.
 

 

Distinctive Registration Plates 2

SECTION 76.   Said section 2F of said chapter 90, as so appearing, is hereby further amended by striking out, in line 19, the figure "2" and inserting in place thereof the following figure:- 5.
 

 

Distinctive Registration Plates 3

SECTION 77.   Said section 2F of said chapter 90, as so appearing, is hereby further amended by striking out, in line 21, the words "2 year" and inserting in place thereof the following words:- 5-year.
 

 

Duration of DCR Permits

SECTION 78.   Section 33 of chapter 92 of the General Laws, as so appearing, is hereby amended by striking out, in lines 30 and 31, the words "5 years" and inserting in place thereof the following words:- 10 years, and shall be in writing.
 

 

Advertisement of Motor Fuel

SECTION 79.   Chapter 94 of the General Laws is hereby amended by striking out section 295D, as so appearing, and inserting in place thereof the following section:-

Section 295D. Any advertisement of motor fuel other than those required in section 295C shall display the total price including all taxes.
 

 

Outsourcing Facility 1

SECTION 80.   Section 1 of chapter 94C of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Oral prescription" the following definition:-

"Outsourcing facility," an entity at 1 geographic location or address that: (i) is engaged in the compounding of sterile drug preparations; (ii) has registered with the federal Food and Drug Administration as an outsourcing facility pursuant to 21 U.S.C. section 353b; and (iii) has registered with the board of registration in pharmacy pursuant to section 36E of chapter 112.
 

 

Outsourcing Facility 2

SECTION 81.   Section 6 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 2, the words "or wholesale druggist" and inserting in place thereof the following words:- , wholesale druggist or outsourcing facility.
 

 

Outsourcing Facility 3

SECTION 82.   Section 7 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "or wholesale druggist" and inserting in place thereof the following words:- , wholesale druggist or outsourcing facility.
 

 

Outsourcing Facility 4

SECTION 83.   Said section 7 of said chapter 94C, as so appearing, is hereby further amended by inserting after the word "druggist", in line 9, the following words:- and outsourcing facility.
 

 

Outsourcing Facility 5

SECTION 84.   Section 12 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 2 , the words "or wholesale druggist" and inserting in place thereof the following words:- , wholesale druggist or outsourcing facility.
 

 

Outsourcing Facility 6

SECTION 85.   Said section 12 of said chapter 94C, as so appearing, is hereby further amended by striking out, in line 8, the words "or a wholesale druggist" and inserting in place thereof the following words:- , wholesale druggist or outsourcing facility.
 

 

Outsourcing Facility 7

SECTION 86.   Section 13 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 2, 18, 29, 34 and 48, the words "or wholesale druggist" and inserting in place thereof, in each instance, the following words:- , wholesale druggist or outsourcing facility.
 

 

Outsourcing Facility 8

SECTION 87.   Section 14 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 2 and 11, the words "or wholesale druggist" and inserting in place thereof, in each instance, the following words:- , wholesale druggist or outsourcing facility.
 

 

Narcan Regulations

SECTION 88.   Said chapter 94C is hereby further amended by inserting after section 19B the following section:-

Section 19C. The board of registration in pharmacy shall promulgate regulations requiring pharmacies located in areas with high incidents of opiate overdose, as determined by the board in consultation with the department of public health, to maintain a continuous supply of naloxone rescue kits or opioid antagonist medications, as defined in section 19B. Pharmacists employed in locations covered by the regulations shall be subject to the requirements of section 19B.
 

 

Prescription Monoriting Update

SECTION 89.   Section 24A of said chapter 94C, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 30, the words "7 days" and inserting in place thereof the following words:- 24 hours.
 

 

Medical Marijuana

SECTION 90.   Section 34 of said chapter 94C, as so appearing, is hereby amended by adding the following paragraph:-

Notwithstanding any general or special law to the contrary, a laboratory may possess, store, analyze, process and test medical marijuana and medical marijuana-infused products; provided, however, that such laboratory shall do so in accordance with the department's regulations and written guidelines governing procedures for quality control and testing of products for potential contaminants.
 

 

Vaccine Purchase Trust Fund

SECTION 91.   Subsection (b) of section 24N of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the fifth sentence the following sentence:-

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.
 

 

Mobile Integrated Health Care I

SECTION 92.   Section 19 of chapter 111C of the General Laws, as so appearing, is hereby amended by inserting after the word "chapter", in line 15, the following words:- or chapter 111O.
 

 

Mobile Integrated Health Care

SECTION 93.   The General Laws are hereby amended by inserting after chapter 111N the following chapter:-

Chapter 111O. Mobile Integrated Health Care.

Section 1. As used in this chapter, the following words shall have the following meanings unless the context or subject matter clearly requires otherwise:

"Advisory council", the group of advisors established in section 4.

"Commissioner", the commissioner of public health.

"Community EMS program", a program developed by the primary ambulance service with the approval of the local jurisdiction and the affiliate hospital medical director utilizing emergency medical services providers acting within their scope of practice to provide community outreach and assistance to residents to advance injury and illness prevention within the community.

"Community paramedic provider", a person who: (i) is certified as a paramedic pursuant to chapter 111C; and (ii) has successfully completed an education program for mobile integrated health care pursuant to department regulations.

"Department", the department of public health.

"EMS", emergency medical services.

"EMS provider", an EMS first response service, an ambulance service, a hospital including, but not limited to, a trauma center or an individual associated with an EMS first response service, an ambulance service or a hospital engaged in providing EMS, including, but not limited to, an EMS first responder, a medical communications system operator, an emergency medical technician and a medical control physician, to the extent that physician provides EMS.

"Health care entity", a provider or provider organization, including, but not limited to, an ambulance service licensed under chapter 111C, a visiting nurse association, accountable care organization and a home health agency.

"Health care facility", a licensed institution providing health care services or a health care setting, including, but not limited to, hospitals, and other inpatient centers, ambulatory, surgical or treatment centers, behavioral health centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory and imaging centers, and rehabilitation and other therapeutic health centers.

"Health care provider", a provider of medical, behavioral or health services or any other person or organization that furnishes bills or is paid for the delivery of health care services in the normal course of business.

"Medical control", the clinical oversight provided by a qualified physician or existing primary care provider to all components of the MIH program, including, but not limited to, medical direction, training, scope of practice and authorization to practice of a community paramedic provider, continuous quality assurance and improvement and clinical protocols.

"Medical direction", the authorization for treatment provided by a qualified physician or existing primary care provider in accordance with clinical protocols, whether on-line, through direct communication or telecommunication, or off-line through standing orders.

"Mobile integrated health care" or "MIH", a health care program approved by the department that utilizes mobile resources to deliver care and services to patients in an out-of-hospital environment in coordination with health care facilities or other health care providers; provided, that the medical care and services include, but are not limited to, community paramedic provider services, chronic disease management, behavioral health, preventative care, post-discharge follow-up visits, or transport or referral to facilities other than hospital emergency departments.

"Patient", an individual identified by a health care facility, entity or provider as requiring MIH services.

"Person", an individual, entity or agency or a political subdivision of the commonwealth.

"Physician", a medical or osteopathic doctor licensed to practice medicine in the commonwealth.

"Scope of practice", the clinical skills or functions: (i) as defined by the statewide treatment protocols governing the delivery of emergency medical services under chapter 111C; and (ii) clinical protocols established by the department by regulation pursuant to this chapter.

Section 2. (a) The department shall take any action consistent with its role as state lead agency for mobile integrated health services. As the lead agency, the department shall take into consideration relevant standards and criteria developed or adopted by nationally recognized agencies or organizations, and the recommendations of interested stakeholders, including, but not limited to, the statewide mobile integrated health advisory council, established in section 4.

(b) The department shall evaluate and approve MIH programs that meet the following criteria:

(i) provide pre-hospital and post-hospital services as a coordinated continuum of care that fully supports the patient's medical needs in the community;

(ii) address gaps in service delivery and prevent unnecessary hospitalizations, or other harmful and wasteful resource delivery;

(iii) focus on partnerships, through contracts or otherwise, between health care providers and health care entities that promote coordination and utilization of existing personnel and resources without duplication of services;

(iv) adhere to clinical standards and protocols, pursuant to this chapter by the department by regulation, with the guidance of the advisory council, to ensure that MIH community paramedic providers or other providers employed by a health care entity provide health care services or treatment within their scope of practice;

(v) dispatch only those community paramedic providers or other providers employed by a health care entity who have received appropriate training and demonstrate competency in the MIH clinical protocols;

(vi) meet appropriate standards related to capacity, location, personnel and equipment;

(vii) provide access to qualified medical control and medical direction;

(viii) provide a secure and effective medical communication subsystem linkage for on-line medical direction;

(ix) ensure activation of the 911 system in the event that a patient of an MIH program experiences a medical emergency, as determined through medical direction, in the course of an MIH visit; provided, however, that the activation shall be in the best interest of patient safety and takes into account how MIH programs affect EMS first response services; and provided further, that the department shall examine how 911 triage assessment tools may be incorporated into MIH;

(x) ensure compliance with all state and federal privacy requirements with regard to patient medical records and other individually identified patient health information; and

(xi) ensure that health care providers operating MIH programs collect and maintain data, including statistics on mortality and morbidity of consumers of mobile integrated health services, including, but not limited to, information needed to review access, availability, quality, cost and third party reimbursement for such services and coordinate and perform the data collection in conjunction with other data-collection activities.

Section 3. The department shall evaluate and approve community EMS programs developed and operated by the primary ambulance service with the approval of the local jurisdiction and the affiliate hospital medical director to provide community outreach and assistance to residents of the local jurisdiction in order to advance injury and illness prevention within the community.

A community EMS program may work with local public health agencies or officials and identify members of the community who use the 911 system or emergency department and connect them to their primary care providers, other health care providers, low-cost medication programs, and other social services. The programs may also utilize EMS providers to provide follow-up and preventive measures including, but not limited to, fall prevention, vaccinations under the direction of local public health agencies or officials, and health screenings, including blood pressure and blood glucose checks.

All EMS provider training and activities related to the program shall be approved by the local jurisdiction and the affiliate hospital medical director. Nothing in this section shall authorize an EMS provider to perform any medical procedures outside their scope of practice.

Section 4. (a) There shall be a mobile integrated health advisory council, which shall assist and support the department in carrying out this chapter by planning, guiding and coordinating the components of mobile integrated health services.

(b) The advisory council shall consist of the director of healthcare safety and quality or a designee, who shall serve as a non-voting chair, and 18 members who shall be appointed by the commissioner and who shall reflect a broad distribution of diverse perspectives on mobile integrated health care, including appointees or their designees from the following groups: the division of medical assistance; the Massachusetts Hospital Association, Inc.; the Massachusetts Council of Community Hospitals, Inc.; a for-profit hospital system that is not a member of another hospital advocacy group; the Massachusetts Senior Care Association, Inc.; the Massachusetts Medical Society; the Massachusetts chapter of the American College of Emergency Physicians; the Massachusetts Nurses Association; the Home Care Alliance of Massachusetts, Inc.; the Professional Fire Fighters of Massachusetts; the Fire Chiefs' Association of Massachusetts, Inc.; the International Association of EMTs and Paramedics; the Massachusetts Ambulance Association, Incorporated; the Hospice & Palliative Care Federation of Massachusetts, Inco*.; the Association for Behavioral Healthcare, Inc.; and 3 members representing payors, including 1 representative of the health care organization providing services to MassHealth members under sections 9D and 9F of chapter 118E.
 

 

Expanding Fee Waivers for Veterans Under the Valor Act

SECTION 94.   Section 1B of chapter 112 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following subsection:-

(g) The commissioner of public health and each of the boards of registration and examination under the commissioner's supervision shall waive the commonwealth's portion of the initial application fee and the initial fee for a license application or certification granted pursuant to this section.
 

 

Outsourcing Facility 9

SECTION 95.   Said chapter 112 is hereby further amended by inserting after section 36D the following section:-

Section 36E. (a) As used in this section and in sections 24 to 42D, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:

"Operate as an outsourcing facility", compound and distribute a sterile drug preparation within or outside of the commonwealth: (i) in volumes inconsistent with routinely observed volume patterns associated with patient-specific prescriptions; or (ii) in the absence of accountability documentation.

"Outsourcing facility", an entity at 1 geographic location or address that: (i) is engaged in the compounding of sterile drug preparations; and (ii) has registered with the federal Food and Drug Administration, FDA, as an outsourcing facility pursuant to 21 U.S.C. section 353b.

(b) The board may, upon application made in a manner and form determined by the board, register an entity located within the commonwealth that intends to operate as an outsourcing facility. An applicant for registration as an outsourcing facility shall provide proof of the following: (i) a valid, current registration with the FDA pursuant to section 503B of the Federal Food, Drug, and Cosmetic Act and; (ii) inspection by the FDA in connection with the section 503B registration under said Federal Food, Drug, and Cosmetic Act within the 2 years immediately preceding the application; and (iii) application and eligibility for registration to manufacture or distribute controlled substances pursuant to section 12 of chapter 94C. If the applicant has met the requirements set forth in clauses (i) and (iii) but has not been inspected by the FDA within the 2 years immediately preceding the application, the applicant may receive a provisional registration to compound; provided, however, that the applicant may not distribute a sterile drug preparation within or outside of the commonwealth until it has been inspected pursuant to this subsection. The application for registration as an outsourcing facility shall be accompanied by a fee for registration in an amount to be determined by the secretary of administration and finance pursuant to section 3B of chapter 7. The fee shall be deposited into the Quality in Health Professions Trust Fund established in section 35X of chapter 10.

(c) The board may, upon application made in a manner and form determined by the board, register an entity located outside of the commonwealth that intends to operate as a nonresident outsourcing facility. An applicant for registration as a nonresident outsourcing facility shall provide proof of the following: (i) a valid, current registration with the FDA pursuant to section 503B of the Federal Food, Drug, and Cosmetic Act; (ii) inspection by the FDA in connection with the section 503B registration under said Federal Food, Drug, and Cosmetic Act within the 2 years immediately preceding the application; and (iii) application and eligibility for registration to manufacture or distribute controlled substances pursuant to section 12 of chapter 94C. The application for registration as a nonresident outsourcing facility shall be accompanied by a fee for registration in an amount to be determined by the secretary pursuant to section 3B of chapter 7. The fee shall be deposited into the Quality in Health Professions Trust Fund established in section 35X of chapter 10.

(d) Registrations issued pursuant to this section shall expire on December 31 of each odd numbered year following the date of its issuance and may be renewed upon application made in a manner and form determined by the board. An applicant for renewal of a registration issued pursuant to this section shall provide satisfactory proof of a valid, current registration with the FDA pursuant to section 503B of the Federal Food, Drug, and Cosmetic Act. The application for renewal of a registration as an outsourcing facility shall be accompanied by a fee for registration in an amount to be determined by the secretary pursuant to section 3B of chapter 7. The fee shall be deposited into the Quality in Health Professions Trust Fund established in section 35X of chapter 10.

(e) Grounds for denial of a registration, revocation or suspension of a registration or non-renewal of a registration issued pursuant to this section shall include, but shall not be limited to: (i) failure to maintain a current, valid registration with the FDA pursuant to section 503B of the Federal Food, Drug, and Cosmetic Act; (ii) an inspection by the FDAthat results in a warning letter that prohibits commercial distribution by the registered facility of sterile drug preparations within or outside of the commonwealth; (iii) material misrepresentation, omission or falsification of any information furnished to the board; (iv) failure to comply with reporting requirements established by the board with respect to registration with or inspections by the FDA; (v) failure to adhere to the most current standards established under cGMP; (vi) the lack of suitability of the applicant or registrant; or (vii) failure to maintain a current, valid Massachusetts controlled substances registration. This provision shall not limit the board's authority pursuant to section 42A or 61.
 

 

Outsourcing Facility 10

SECTION 96.   Section 39C of said chapter 112, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 3, 5, 20, 23 and 33, the word "fusionist" and inserting in place thereof, in each instance, the following word:- infusion.
 

 

Outsourcing Facility 11

SECTION 97.   Section 39D of said chapter 112, as so appearing, is hereby amended by striking out, in line 1, the figure "39F" and inserting in place thereof the following figure:- 36E.
 

 

Outsourcing Facility 12

SECTION 98.   Section 39F of said chapter 112, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) An entity that intends to compound and distribute a sterile drug preparation or a complex nonsterile drug within or outside of the commonwealth in volumes inconsistent with routinely observed volume patterns associated with patient-specific prescriptions or in the absence of accountability documentation shall adhere to the most current standards established under cGMP when engaging in any form of compounding. The entities shall either register as a producer of drugs with the federal Food and Drug Administration pursuant to section 510 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. section 360 or register as an outsourcing facility with both the federal Food and Drug Administration pursuant to section 503B of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. 353b, and the board of registration in pharmacy pursuant to section 36E before engaging in any sterile compounding or complex nonsterile compounding.
 

 

Outsourcing Facility 13

SECTION 99.   Section 39J of said chapter 112, as so appearing, is hereby amended by striking out subsection (d), each time it appears, and inserting in place thereof the following 2 subsections:-

(d) No pharmacy, pharmacist or outsourcing facility operating outside of the commonwealth may prescribe, ship, mail, sell, transfer or dispense sterile drug preparations or complex nonsterile drug preparations in the commonwealth unless the sterile drug preparations or complex non-sterile drug preparations are compounded in a pharmacy or outsourcing facility that has been granted a nonresident sterile compounding license, nonresident complex non-sterile compounding license or nonresident outsourcing facility registration pursuant to this chapter.

(e) Non-resident pharmacies holding a nonresident pharmacy license under this section shall be subject to the requirements of section 24A of chapter 94C; provided, however, that nonresident pharmacies shall not be eligible for a waiver under said section 24A. An application for licensure under this section shall not be approved unless the applicant has demonstrated the ability to comply with said section 24A. The board may revoke a nonresident pharmacy license for failure to comply with said section 24A.
 

 

Outsourcing Facility 14

SECTION 100.   Section 42A of said chapter 112, as so appearing, is hereby amended by striking out, in line 3, the words "and pharmacy" and inserting in place thereof the following words:- , pharmacies and outsourcing facilities.
 

 

Outsourcing Facility 15

SECTION 101.   Said section 42A of said chapter 112, as so appearing, is hereby further amended by striking out, in lines 20 and 21, the words "or engage in the retail drug business" and inserting in place thereof the following words:- , engage in the retail drug business or operate an outsourcing facility.
 

 

Outsourcing Facility 16

SECTION 102.   Said section 42A of said chapter 112, as so appearing, is hereby further amended by inserting after the word "license", in line 43, the following words:- or outsourcing facility registration.
 

 

Outsourcing Facility 17

SECTION 103.   The first sentence of the fifth paragraph of said section 42A of said chapter 112, as so appearing, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:- (i) issue a cease and desist notice or quarantine notice requiring the cessation or restriction of any and all pharmacy operations or outsourcing facility operations and prohibiting the use of medications prepared by or in possession of a pharmacy or outsourcing facility.
 

 

Definition - fiduciary

SECTION 104.   Section 8 of chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after the definition of "executive office" the following definition:-

b . "Fiduciary", a personal representative or trustee to whom power or property has been formally entrusted for the benefit of another, including, but not limited to, an executor, administrator, successor personal representative, special administrator or a person performing substantially the same function.
 

 

MassHealth Coverage of Substance Abuse

SECTION 105.   Said chapter 118E is hereby further amended by inserting after section 10H the following section:-

Section 10I. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for the administration of all federal Food and Drug Administration approved drugs for the treatment of opioid or alcohol dependence and shall establish billing codes and rates of payment for providers of licensed clinical stabilization services to administer the approved drugs to individuals in need of treatment.

For the purposes of this section, "clinical stabilization services" shall mean a 24-hour clinically managed post detoxification treatment for adults or adolescents, as defined by the department of public health, usually following acute treatment services for substance abuse, which may include intensive education and counseling regarding the nature of addiction and its consequences, relapse prevention, outreach to families and significant others and aftercare planning, for individuals beginning to engage in recovery from addiction.
 

 

Volume Purchasing of Durable Medical Equipment

SECTION 106.   Section 12 of said chapter 118E, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The division may enter into any types of contracts with providers and manufacturers of medical services, equipment and supplies as the division deems necessary to carry out this chapter including, but not limited to, selective contracts, volume purchase contracts, preferred provider contracts and managed care contracts; provided, however, that those contracts shall be reviewed by the executive office for administration and finance. The division may negotiate the rate of reimbursement to the provider under any such contract and the negotiated rate shall not be subject to sections 13 to 13F, inclusive.
 

 

Medicaid benefits

SECTION 107.   Section 15 of said chapter 118E, as so appearing, is hereby amended by inserting after the fourth paragraph, the following paragraph:-

A person who acts as a fiduciary for another person eligible for assistance and who fails to provide the first $60 of monthly income or to pay for the amount of income that a resident is required to contribute for their care as established by Medicaid shall be liable for the financial loss.
 

 

District Attorney Notifications

SECTION 108.   Subsection (e) of section 16 of chapter 123 of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The facility shall notify the district attorney which has or had jurisdiction of the criminal case if such approval is sought.
 

 

Pari-Mutuel Betting 1

SECTION 109.   Section 2 of chapter 128 of the General Laws, as so appearing, is hereby amended by striking out, in line 55, the words "pari-mutuel running horse race" and inserting in place thereof the following words:- or restricted pari-mutuel running horse race held within or outside of the commonwealth.
 

 

Pari-Mutuel Betting 2

SECTION 110.   The second paragraph of subsection (g) of said section 2 of said chapter 128, as so appearing, is hereby amended by striking out the last sentence.
 

 

BBRS Mailing Requirements

SECTION 111.   Section 94 of chapter 143 of the General Laws, as so appearing, is hereby amended by striking out, in line 71, the words "a copy" and inserting in place thereof the following words:- notice, by electronic or other means.
 

 

Domestic Worker Clarification

SECTION 112.   Subsection (a) of section 190 of chapter 149 of the General Laws is hereby amended by striking out the definition of "Domestic worker", as so appearing, and inserting in place thereof the following definition:-

"Domestic worker", an individual or employee who is paid by an employer to perform work of a domestic nature within a household including, but not limited to: (i) housekeeping; (ii) house cleaning; (iii) home management; (iv) nanny services; (v) caretaking of individuals in the home, including sick, convalescing and elderly individuals; (vi) laundering; (vii) cooking; (viii) home companion services; and (ix) other household services for members of households or their guests in private homes; provided, however, that "domestic worker" shall not include: (A) a personal care attendant; or (B) an individual whose vocation is not childcare and whose services for the employer primarily consist of childcare on a casual, intermittent and irregular basis for a family or household member.
 

 

MBTA Procurement

SECTION 113.   Section 4 of chapter 149A of the General Laws, as so appearing, is hereby amended by inserting after the word "Authority", in line 44, the following words:- , the Massachusetts Bay Transportation Authority.
 

 

MBTA Procurement Tools II

SECTION 114.   Section 16 of said chapter 149A, as so appearing, is hereby amended by inserting after the word "authority" in line 41, the following words:- , the Massachusetts Bay Transportation Authority.
 

 

Massachusetts Department of Transportation Board of Directors 3

SECTION 115.   Section 3 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 to 4, inclusive, the words "In addition to all powers otherwise granted to the authority by law, the authority shall have the following powers, in each case to be exercised by the board unless otherwise specifically provided" and inserting in place thereof the following words:- The authority shall be governed and its corporate powers exercised by the board of directors of the Massachusetts Department of Transportation established in chapter 6C. In addition to the powers granted to the authority by law, the authority shall have the following powers.
 

 

Massachusetts Department of Transportation Board of Directors 4

SECTION 116.   Clause (d) of said section 3 of said chapter 161A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- To employ, retain and supervise the managerial, professional and clerical staff as necessary to carry out the work of the authority; provided, however, that the chief executive officer of the authority shall be a general manager who shall be hired by, report to and serve at the pleasure of the secretary of transportation and who shall fix the compensation and conditions of employment for all other authority employees consistent with budgets that are subject to the approval of the board.
 

 

Massachusetts Department of Transportation Board of Directors 5

SECTION 117.   Said section 3 of said chapter 161A, as so appearing, is hereby further amended by adding the following clause:-

(t) To delegate any of the powers in clauses (a) to (s), inclusive, to the general manager or a designee of the general manager; provided, however, that the board shall not delegate the powers set forth in clause (e) or the power to enter into agreements valued at more than $15,000,000.
 

 

Provider Debt Collection

SECTION 118.   Section 14 of chapter 176O of the General Laws, as so appearing, is hereby amended by striking out subsection (f) and inserting in place thereof the following subsection:-

(f) No health care provider and no agent or employee of a health care provider shall provide information relative to unpaid charges for health care services to a consumer reporting agency, as defined in section 50 of chapter 93, while an internal or external review under this section is pending or for 30 days following the resolution of a grievance. No health care provider and no agent or employee of a health care provider, including a debt collector as defined in section 24 of said chapter 93, shall initiate debt collection activities relative to unpaid charges for health care services while an internal or external review under this section is pending or for 30 days following the resolution of a grievance.
 

 

Compensation Rates - Public Counsel Services

SECTION 119.   Section 11 of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words "$50 per hour; for children and family law cases, care and protection cases," and inserting in place thereof the following words:- $53 per hour; for children and family law cases and care and protection cases the rate of compensation shall be $55 per hour; for.
 

Veto Explanation:
I am vetoing this section because it sets rates that become effective in fiscal year 2017. I believe it is not appropriate to raise rates for this important program without addressing overall cost issues in a comprehensive manner.

 

Eastern Hampshire District Court 1

SECTION 120.   Section 10 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 20, the words "district court of eastern Hampshire;".
 

 

Eastern Hampshire District Court 2

SECTION 121.   Said section 10 of said chapter 218, as so appearing, is hereby further amended by inserting after line 38, the following line:- district court of eastern Hampshire;.
 

 

Deputy Assistant Clerks

SECTION 122.   Section 7 of chapter 221 of the Generals Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "of the several counties except Suffolk".
 

 

Session Clerk

SECTION 123.   Said chapter 221 is hereby further amended by striking out section 16A, as so appearing, and inserting in place thereof the following section:-

Section 16A. The clerk of the superior court for criminal business in Suffolk county may designate, with the approval of the chief justice of the trial court, 1 assistant clerk appointed under section 5, as the unified session clerk to perform, under the direction of the clerk of the superior court for criminal business in Suffolk county, duties pertaining to the statewide unified session for trials and hearings relative to the determination of sexually dangerous persons pursuant to section 9 of chapter 123A. Such clerk shall receive, in addition to the salary paid to an assistant clerk under section 4, a sum equivalent to 10 per cent of the salary of an assistant clerk.
 

Veto Explanation:
I am vetoing this section because it increases the costs to the trial courts without any corresponding benefits.

 

Trial Court Records Disposal 1

SECTION 124.   Section 27A of said chapter 221, as so appearing, is hereby amended by striking out, in lines 10 and 14, the word "twenty" and inserting in place thereof, in each instance, the following figure:- 10.
 

 

Trial Court Records Disposal 4

SECTION 125.   Said section 27A of said chapter 221, as so appearing, is hereby further amended by striking out, in lines 32 and 33, the words ", and in the case of a district court, without an order of the standing justice of such district court".
 

 

Privacy of social worker address

SECTION 126.   Chapter 233 of the General Laws is hereby amended by inserting after section 20M the following section:-

Section 20N. (a) No court shall permit or require the disclosure of the home address or personal telephone number of a social worker employed by the department of children and families; and no witness shall be required to disclose such social worker's home address or personal telephone number in any court proceeding or in any proceeding preliminary thereto or in any documents filed with the court, except as otherwise ordered by the court, for good cause shown; provided, however, that an order of the court shall include, if possible, conditions to limit the disclosure of any such address or phone number so as to protect the privacy and safety of the social worker.

(b) Service of process, summons or subpoena upon a department of children and families social worker in any court proceeding and in any proceeding preliminary thereto shall be made upon the agency employing the social worker and in accordance with the Massachusetts Rules of Civil Procedure or the Massachusetts Rules of Criminal Procedure governing any such service of process, summons or subpoena. For the purpose of making such service, the employing agency, upon request, shall certify to the summoning party the name and work address of any such social worker as disclosed by its records, and a summoning party may serve the social worker at the work address so certified.
 

 

Historic Canton Property

SECTION 127.   The fourth paragraph of section 44 of chapter 85 of the acts of 1994, as most recently amended by chapter 242 of the acts of 2014, is hereby further amended by inserting after the words "the city of Cambridge" the following words:- William H. Peterson House, so-called, at 22 Turnpike street in the Blue Hills State Reservation in the city of Canton.
 

 

Filing results of DSS survey

SECTION 130.   The third paragraph of section 219 of chapter 165 of the acts of 2014 is hereby amended by striking out the words "April 1, 2015" and inserting in place thereof the following words:- November 2, 2015.
 

 

Foundation Budget Review Commission

SECTION 131.   Section 278 of said chapter 165 is hereby amended by striking out, in line 2, the words "its report on or before June 30, 2015" and inserting in place thereof the following words:- a preliminary report not later than June 30, 2015 and shall file a comprehensive final report not later than November 1, 2015. The preliminary report shall include, but not be limited to, an outline of the commission's findings to date and topics expected to be considered prior to the issuance of the final report. The final report shall include all findings of the commission.
 

 

Cosmetology and Barber Schools

SECTION 132.   Section 40 of chapter 236 of the acts of 2014 is hereby amended by striking out the figure "2015" and inserting in place thereof, the following figure:- 2016.
 

 

Greenfield Community College Child Care

SECTION 133.   Item 1102-2009 of section 2 of chapter 237 of the acts of 2014 is hereby amended by striking out the words "while they pursue their education and training" and inserting in place thereof the following words:- , faculty and staff, and for members of surrounding communities while they pursue their education and training or employment.
 

 

Abuse Deterrent Drug Report

SECTION 134.   Section 40 of chapter 258 of the acts of 2014 is hereby amended by adding the following words:- ; provided, however, that until the first draft is issued, any drug product approved by the federal Food and Drug Administration for abuse deterrent labeling shall be considered an interchangeable abuse deterrent drug product for the purposes of this act. When issued, the first draft shall also include guidelines to implement the transition to the formulary of abuse deterrent drugs with the least interruption to patient care.
 

Veto Explanation:
I am vetoing this section because the United States Food and Drug Administration's approval of abuse deterrent labeling for a drug product does not resolve the issue of drug interchangeability. These designations should therefore await the drug formulary commission's review and determination, which will commence in August of 2015.

 

Zoo Capital Funding

SECTION 135.   Item 2840-7024 of section 2B of chapter 286 of the acts of 2014 is hereby amended by striking out the figure "$8,000,000" and inserting in place thereof the following figure:- $9,000,000.
 

 

Long-Term Unemployed Commission

SECTION 137.   The special commission established in section 76 of chapter 144 of the acts of 2014 is hereby revived and continued. The commission shall file a report of its recommendations to the clerks of the senate and house of representatives, the joint committee on labor and workforce development, the joint committee on elder affairs and the house and senate committees on ways and means not later than March 31, 2016.
 

 

Use of emergency medical titles and provision of services

SECTION 138.   The department of public health shall promulgate regulations to implement chapter 111O of the General Laws not later than December 31, 2015. Community paramedic special project waivers that are pilot projects approved by the department of public health as of the effective date of this act shall remain in effect until the effective date of regulations to implement said section 111O.
 

 

Essex County Regional Communication Funds

SECTION 139.   Notwithstanding section 163 of chapter 38 of the acts of 2013 or any other general or special law to the contrary, for fiscal year 2016, the state comptroller shall, upon the written approval of the secretary of administration and finance, exempt the Essex county sheriff's department from all applicable charges or assessments made against grants to the Essex Regional Emergency Communications Center and monies derived from local aid cherry sheet charges to member communities pursuant to its authority under sections 5D and 6B of chapter 29 of the General Laws.
 

Veto Explanation:
I am vetoing this section because, at a time when unfunded liabilities represent a significant financial exposure for the Commonwealth, the Commonwealth cannot bear fringe and indirect costs on behalf of other governmental organizations. Funding issues for sheriffs are important and currently uncertain, and I look forward to undertaking the work required under section 172 of this act, which I am approving today.

 

Martha's Vineyard Airport

SECTION 140.   Notwithstanding any general or special law to the contrary, neither the aeronautics division of the Massachusetts Department of Transportation, established in section 59 of chapter 6C of the General Laws, nor the airport commission having the custody, care and management of Martha's Vineyard airport, shall in any way interfere with the rights of the county commissioners of Dukes county to appoint airport commissioners at the expiration of a term or upon a vacancy, pursuant to sections 39G and 51E of said chapter 90 of the General Laws. This section shall not be construed to authorize a reorganization of the airport commission.
 

Veto Explanation:
I am vetoing this section because control of the Martha's Vineyard Airport has been resolved by the courts, in accordance with the laws governing local and regional airports.

 

Pension Cost of Living Adjustment

SECTION 141.   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, which 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 to retired teachers, including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees' retirement system or state teachers' retirement system, including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32. All payments for the purposes described in this section shall be made only pursuant to distribution of monies from the fund and any distribution and the payments for which distributions are required shall be detailed in a written report filed quarterly by the secretary of administration and finance with the house and senate committees on ways and means and the joint committee on public service in advance of the distribution. Distributions shall not be made in advance of the date on which a payment is actually to be made. The state board of retirement may expend an amount for the purposes of the board of higher education's optional retirement program pursuant to section 40 of chapter 15A of the General Laws. 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 section 22 of said chapter 32 for the purpose of reducing the unfunded pension liability of the commonwealth.
 

 

Suspension of Tourism Formula

SECTION 142.   Notwithstanding any general or special law to the contrary, the formula for application of funds provided in section 35J of chapter 10 of the General Laws shall not apply in fiscal year 2016.
 

 

Treatment of Capital Gains in FY16

SECTION 143.   Notwithstanding any general or special law to the contrary, the comptroller shall not make any transfers attributable to capital gains tax collections required pursuant to section 5G of chapter 29 of the General Laws during fiscal year 2016.
 

 

Transfer Administered Funds to General Fund

SECTION 144.   (a) Notwithstanding any general or special law to the contrary, the Massachusetts Housing Finance Agency shall, not later than June 30, 2016 transfer $4,000,000 from funds previously appropriated, or loans repaid, that the agency administers on behalf of the commonwealth as a result of the program established pursuant to item 1231-1020 of section 2 of chapter 151 of the acts of 1996 and $2,500,000 from funds previously appropriated that the agency administers on behalf of the commonwealth as a result of the lead abatement program established in section 197E of chapter 111 of the General Laws, to the comptroller to be credited to the Housing Preservation and Stabilization Trust Fund for fiscal year 2016.

(b) Notwithstanding any general or special law to the contrary, the comptroller shall, not later than June 30, 2016 transfer $5,000,000 from the General Fund to the Housing Preservation and Stabilization Trust Fund.
 

 

Commonwealth Care Trust Fund Transfer

SECTION 145.   Notwithstanding any general or special law to the contrary, the comptroller shall transfer up to $110,000,000, if the secretary of administration and finance requests in writing, to the General Fund from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29 of the General Laws.
 

 

Inspector General's Health Care Audits

SECTION 146.   Notwithstanding any general or special law to the contrary, in hospital fiscal year 2016, the office of inspector general may expend a total of $1,000,000 from the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws for costs associated with maintaining a health safety net audit unit within the office. The unit shall continue to oversee and examine the practices in all 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, reviewing the program's eligibility requirements, utilization, claims administration and compliance with federal mandates. The inspector general shall submit a report to the house and senate committees on ways and means on the results of the audits and any other completed analyses on or before March 1, 2016.
 

 

Nursing Facility Assessment

SECTION 147.   Notwithstanding any general or special law to the contrary, the nursing home assessment established in subsection (b) of section 63 of chapter 118E of the General Laws shall be sufficient in the aggregate to generate $220,000,000 in fiscal year 2016.
 

 

Initial Gross Payments to Qualifying Acute Care Hospitals

SECTION 148.   Notwithstanding any general or special law to the contrary, by October 1, 2015 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund, established in section 66 of chapter 118E of the General Laws, the greater of $45,000,000 or 1/12 of the total expenditures to hospitals and community health centers required pursuant to this act to make initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2015. 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 by June 30, 2016 the amount authorized in this section and any allocation of that amount as certified by the director of the health safety net office.
 

 

Transfers Between Health Funds

SECTION 149.   Notwithstanding any general or special law to the contrary, the executive office for administration and finance may transfer up to $30,000,000 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. The executive office of health and human services and the health safety net office shall fund the hospital fiscal year 2016 payment amount to each hospital for services provided to low-income, uninsured or underinsured residents pursuant to said section 66 and section 69 of said chapter 118E from the Health Safety Net Trust Fund. Payments may be made either as safety net care payments under the commonwealth's waiver pursuant to section 1115 of the federal Social Security Act or as an adjustment to Title XIX service rate payments or a combination of both. Other federally permissible funding mechanisms available for public service hospitals, as defined by regulations of the executive office of health and human services, may be used to reimburse up to $70,000,000 of uncompensated care pursuant to said sections 66 and 69 of said chapter 118E using sources distinct from the funding made available to the Health Safety Net Trust Fund. The secretary of administration and finance, in consultation with the secretary of health and human services and the executive director of the commonwealth health insurance connector authority, shall on a quarterly basis evaluate the revenue needs of the health safety net program funded by the Health Safety Net Trust Fund and any subsidized health insurance programs funded by the Commonwealth Care Trust Fund and may transfer monies between these funds to address such needs. The secretary for administration and finance shall notify the house and senate committees on ways and means and the joint committee on health care financing of any proposed transfers between the Health Safety Net Trust Fund and the Commonwealth Care Trust Fund at least 30 days before making any such transfers.
 

 

Skilled Nursing Facility User Fee Waiver

SECTION 150.   (a) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall submit an application to the federal Centers for Medicare and Medicaid Services for a waiver of 42 U.S.C. section 1396b(w)(3)(B) and 42 U.S.C. section 1396b(w)(3)(C) relative to the nursing home assessment established in section 63 of chapter 118E of the General Laws.

(b) The waiver application shall seek approval to amend the classes of nursing facilities subject to the assessment and the amount of assessment liability imposed on certain nursing facilities. A nursing facility shall be classified as 1 of the following 4 classes: (i) class I, nursing facilities that do not meet the criteria for class II, III or IV; (ii) class II, non-profit continuing care retirement communities and non-profit residential care facilities; (iii) class III, non-profit facilities with total Medicaid days in excess of a threshold level of days established in regulations promulgated by the executive office of health and human services; and (iv) class IV, facilities that have not more than 100 licensed beds, do not participate in the Medicare or Medicaid programs under Title XVIII and Title XIX of the federal Social Security Act and were established and licensed in the commonwealth prior to July 30, 1965. All facilities in class I shall pay an assessment at the rate established in regulations promulgated by the secretary of health and human services in conformity with the total annual assessment revenue amount established by an appropriation act and section 63 of chapter 118E of the General Laws. Nursing facilities in class II or class III shall pay an assessment at a rate equal to 10 per cent of the assessment rate imposed on nursing facilities in class I. Nursing facilities in class IV shall be exempt from liability for the assessment established in said section 63 of said chapter 118E and as modified pursuant to this section. The waiver application shall be structured in a manner that shall qualify it for automatic approval by the federal Centers for Medicare and Medicaid Services pursuant to 42 C.F.R. 433.68.
 

 

Tax Amnesty Program for Non-Filers

SECTION 151.   (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 with all interest due thereon. The waiver shall not apply to any penalties that may be due under section 35A or 35D 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 not apply to a tax liability of any tax type for a period commencing on or after January 1, 2014. The scope of the tax amnesty program, including the particular tax types and periods covered, including any limited look-back period for unfiled returns not to exceed 3 years, shall be determined by the commissioner.

(b) The tax amnesty program shall be established for a period of 60 days within fiscal year 2016 to be determined by the commissioner and shall expire not later than June 30, 2016. If a taxpayer fails to pay the full liability by June 30, 2016, 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 beginning before January 1, 2014; 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 together with accrued interest.

(2) The commissioner shall not authorize the waiver of any 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 under this section shall not be eligible for amnesty and shall be subject to the greater of: (i) the applicable penalties under 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 under 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 foregone 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 under this section. The commissioner shall file a report detailing the tax amnesty program with the clerks of the senate and the house of representatives, the joint committee on revenue, the house and senate committees on ways and means and the house and senate minority leaders not later than September 1, 2016; provided, however, that the report shall not contain information sufficient to identify an individual taxpayer or the tax amnesty provided to an individual taxpayer pursuant 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 consecutive 10 years, beginning in calendar year 2015.
 

 

Tobacco Settlement/OPEB Transfer III

SECTION 152.   (a) Notwithstanding any general or special law to the contrary, the unexpended balances in items 0699-0014, 0699-0015, 0699-2005 and 0699-9100 shall be deposited into the State Retiree Benefits Trust Fund, established in section 24 of chapter 32A of the General Laws, not later than June 30, 2016. The amount deposited shall be an amount equal to 30 per cent of all payments received by the commonwealth in fiscal year 2016 under the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et al., Middlesex Superior Court, No. 95-7378; provided, however, that if, in fiscal year 2016, the unexpended balances of items 0699-0014, 0699-0015, 0699-2005 and 0699-9100 are less than 30 per cent of all payments received by the commonwealth in fiscal year 2016 under the master settlement agreement payments, an amount equal to the difference shall be transferred to the State Retiree Benefits Trust Fund from revenue in excess of $100,000,000 generated under the tax amnesty program pursuant to section 101.

(b) Notwithstanding any general or special law to the contrary, the percentage increase set forth in section 152 of chapter 68 of the acts of 2011 shall not apply in fiscal year 2016.
 

 

MassHealth Dental Coverage

SECTION 153.   Notwithstanding section 53 of chapter 118E of the General Laws, for fiscal year 2016, the executive office of health and human services may determine the extent to which to include within its covered services for adults the federally-optional dental services that were included in its state plan or demonstration program in effect on January 1, 2002; provided, however, that dental services shall be covered for adults at least to the extent covered as of June 30, 2015; and provided, further, that notwithstanding any general or special law to the contrary, at least 45 days before restructuring any MassHealth dental benefits, the executive office of health and human services shall file a report with the executive office for administration and finance and the house and senate committees on ways and means detailing the proposed changes and the anticipated fiscal impact of the changes.
 

 

Special commission - ovarian cancer

SECTION 154.   (a) There shall be a special commission relative to ovarian cancer in the commonwealth. The commission shall consist of: the secretary of health and human services or a designee; the commissioner of public health or a designee; the commissioner of insurance or a designee; and 8 members who shall be appointed as follows: 2 members appointed by the senate president, 1 of whom shall be a person with or a survivor of ovarian cancer and 1 of whom shall be a medical specialist in ovarian cancer; 2 members appointed by the speaker of the house of representatives, 1 of whom shall be a person with or a survivor of ovarian cancer and 1 of whom shall be a medical specialist in ovarian cancer; and 4 members appointed by the governor, 1 of whom shall be a person with or survivor of ovarian cancer, 1 of whom shall be a medical specialist in ovarian cancer, and 2 of whom shall be members of the public with demonstrated expertise in issues relating to the work of the commission.

(b) The commission shall study and report on the following: (i) establishing a mechanism to ascertain the prevalence of ovarian cancer in the commonwealth and, to the extent possible, collecting statistics relative to the timing of diagnosis and risk factors associated with ovarian cancer; (ii) determining how to best effectuate early diagnosis and treatment for ovarian cancer patients; (iii) determining any unmet needs of persons with ovarian cancer and those of their families; and (iv) providing recommendations for additional legislation, support programs and resources necessary to meet the unmet needs of persons with ovarian cancer and their families.

(c) The commission shall file its report and recommendations with the clerks of the senate and the house of representatives and the senate and house chairs of the joint committee on public health by December 31, 2015.
 

 

DOC Re-Procurement

SECTION 155.   Notwithstanding any general or special law to the contrary, the department of correction shall reprocure food and commissary services provided at all institutions with a contract to decrease expenses and increase efficiencies throughout the department. The department shall solicit new bids for such services and reprocurement shall be subject to an open and competitive bid process. The department of correction shall file a report with the house and senate committees on ways and means on the reprocurement progress and projected cost-savings on or before January 15, 2016. In executing the reprocurement of such services, the department shall notify each county sheriff who may elect to participate in the reprocurement of such services.
 

Veto Explanation:
I am vetoing this section because the Department of Correction recently reprocured its food and commissary contracts after lengthy processes, and this section will interfere with those existing contracts.

 

Trial Court Transferability

SECTION 156.   (a) Notwithstanding clause (xxiii) of the third paragraph of section 9A of chapter 211B of the General Laws or any other general or special law to the contrary, the court administrator may, from the effective date of this act through April 30, 2016, transfer funds from any item of appropriation within the trial court; provided, however, that the court administrator may not transfer more than 5 per cent of funds from items 0339-1001 and 0339-1003 to any other item of appropriation within the trial court. These transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. The schedule shall include: (i) the amount of money transferred from any item of appropriation to any other item of appropriation; (ii) the reason for the necessity of the transfer; and (iii) the date on which the transfer shall be completed. A transfer under this section shall not occur until 10 days after the revised funding schedules have been submitted in written form to the house and senate committees on ways and means.
 

 

Special Education Inflation Rate Freeze

SECTION 157.   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 2016 by increasing the final fiscal year 2015 price by the rate of inflation as determined by the division. The division shall adjust prices for extraordinary relief as defined in 808 CMR 1.06(4). The division shall accept applications for program reconstruction and special circumstances in fiscal year 2016. The division shall authorize the annual price for out-of-state purchasers requested by a program, not to exceed a maximum price determined by the bureau, by identifying the most recent price calculated for the program and applying the estimated rate of inflation for each year, as determined by the bureau under section 22N of chapter 7 of the General Laws, in which the rate of inflation is frozen beginning with fiscal year 2004, in a compounded manner for each fiscal year.
 

 

Vivitrol Pilot Program

SECTION 158.   The department of public health, in consultation with the bureau of substance abuse services, shall create an extended-release injectable naltrexone pilot program for individuals with opioid or alcohol addiction being treated in licensed clinical stabilization service programs. The department of public health shall select locations for the pilot program based on prevalence of need; provided, however, that there shall be not less than 2 program locations selected. Each program shall operate for 2 years and collect outcomes data on an ongoing basis, in a manner described in this section and as determined by the commissioner of public health.

Locations selected by the department for the pilot program shall be granted additional funding, as determined by the department, for staff or other needs associated with prescribing and administering extended-release injectable naltrexone to patients prior to discharge and, as part of discharge planning, connect such patients with community providers prescribing extended-release injectable naltrexone and offering substance abuse counseling.

The department of public health shall collect data in order to gauge the success of the program in effectuating long-term recovery and track trends within the patient population. Such data shall be collected by tracking each individual participant post discharge from the clinical stabilization service program for no less than 1 year in a manner to be determined by the commissioner of public health. Information collected by the department during this time shall include to the extent possible, but shall not be limited to: (i) whether the individual is actively engaged in outpatient or inpatient treatment for a substance use disorder; (ii) whether the individual is using extended-release injectable naltrexone or other medication-assisted therapies; (iii) any barriers to accessing treatment in the community; (iv) any episodes of relapse; (v) any hospitalization related to substance misuse or overdose; and (vi) any record of arrest or incarceration for drug-related offenses since discharging from the clinical stabilization service program.

For the purposes of this section, "clinical stabilization service programs" shall mean 24-hour clinically managed post-detoxification treatment for adults or adolescents, as defined by the department of public health that usually follows acute treatment services for substance abuse; provided, however, that "clinical stabilization service programs" may include intensive education and counseling regarding the nature of addiction and its consequences, relapse prevention, outreach to families and significant others and aftercare planning for individuals beginning to engage in recovery from addiction.

For the duration of the pilot program, the department of public health shall issue a report annually, on or before June 30, to the clerks of the house of representatives and the senate who shall forward the same to the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on mental health and substance abuse, and the joint committee on public health. The report shall include a program progress update and provide outcomes data.
 

 

Task Force for Drug Disposal Program

SECTION 159.   There shall be a task force to study the feasibility of a state or privately-operated prescription drug disposal program. Said program shall be relative to the collection and safe disposal of federally scheduled prescription medications. The task force shall review any state or federal regulations related to safe disposal of scheduled medications, including those relative to take-back events, mail-back programs or collection receptacles. The task force shall investigate alternative options for scheduled prescription drug collection and safe disposal, including, but not limited to, community-run or law-enforcement-run programs in New England states and drug stewardship programs in Alameda County, California and Kings County, Washington. The task force shall submit a report of its findings to clerks of the house of representatives and senate who shall forward the same to the house and senate committees on ways and means, the joint committee on public health and the joint committee on mental health and substance abuse on or before October 13, 2015.

The task force shall be comprised of the following members: the commissioner of public health or a designee; the commissioner of public safety or a designee; the attorney general or a designee; the executive director of the Massachusetts Sheriffs Association, Inc. or a designee; the commissioner of environmental protection or a designee; and the president of the Massachusetts Biotechnology Council, Inc. or a designee.
 

Veto Explanation:
I am vetoing this section because under separate legislation filed today, I have proposed to create a Massachusetts Council on Substance Use Disorder Prevention and Treatment whose work will include providing recommendations on methods and programs to increase the collection and safe disposal of federally scheduled prescription medications.

 

Public-Private Partnership Working Group

SECTION 160.   There shall be a public-private partnership working group to review and evaluate statutory and regulatory obstacles to the formation and use of public-private partnerships in the commonwealth. For the purposes of this section, "public-private partnership" shall include, but not be limited to, contractual agreements between a governmental entity and a private or not-for-profit entity in connection with the design, construction, operation and maintenance of a public asset that provides alternative finance and delivery methods in the commonwealth, including, design-build-finance-operate-maintain services or design-build-operate-maintain services. The working group shall investigate and make recommendations to the general court on the current practices, administrative efficiencies and cost benefits of increased usage of public-private partnerships. The working group shall file a report of its findings, along with any recommendations for legislation, with the clerks of the house of representatives and the senate within 120 days of the first meeting of the working group. The report shall also include an examination of how public-private partnerships and alternate finance and delivery methods may be applied to various types of infrastructure projects including but not limited to, higher education facilities and housing and economic development projects.

The working group shall have 14 members consisting of: the secretary of administration and finance or a designee, who shall serve as chair; the attorney general or a designee; the inspector general or a designee; the secretary of housing and economic development or a designee; the undersecretary of housing or a designee, the secretary of energy and environmental affairs or a designee; the secretary of transportation or a designee; the president of the Massachusetts Building Trades Council or a designee; and 6 members to be appointed by the governor, 1 of whom shall be a representative of the business community; 1 of whom shall be a representative of the construction industry; 1 of whom shall be from an engineering consulting firm; 1 of whom shall be a representative from the Massachusetts Port Authority; 1 of whom shall be a representative from the Massachusetts Housing Finance Agency; and 1 of whom shall be a representative from Massachusetts Development Finance Agency.
 

 

Regional pilot program - telemedicine

SECTION 161.   (a) The health policy commission shall implement a 1-year regional pilot program to further the development and utilization of telemedicine in the commonwealth. The program shall: (i) take into consideration the previously established regions used in prior health policy commission analyses; (ii) incentivize the use of community-based providers and the delivery of patient care in a community setting; and (iii) facilitate collaboration between participating community providers and teaching hospitals. The commission shall consider existing federal and state regulations in the development of the program. The commission may direct not more than $500,000 from the Distressed Hospital Trust Fund established in section 2GGGG of chapter 29 of the General Laws to fund the implementation of the pilot program.

(b) At the conclusion of the pilot program, the commission shall evaluate the success of the program, including but not limited to, cost savings, patient satisfaction, patient flow and quality of care. The commission shall make appropriate policy recommendations to the joint committee on health care financing based on its findings.
 

 

Cranberry industry revitalization task force

SECTION 162.   Notwithstanding any general or special law to the contrary, there shall be a cranberry industry revitalization task force which shall consist of the following members: the secretary of energy and environmental affairs or a designee, who shall serve as co-chair; the commissioner of agricultural resources or a designee, who shall serve as co-chair; the commissioner of energy resources or a designee; the commissioner of environmental protection or a designee; the commissioner of fish and game or a designee; 3 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 3 members of the senate, 1 of whom shall be appointed by the minority leader; 3 representatives from the Cape Cod Cranberry Growers Association to be appointed by the governor from a list of 6 names submitted by the association; 1 representative of Ocean Spray Cranberries, Inc. to be appointed by the governor; 1 representative of an independent cranberry handler company to be appointed by the governor; 1 researcher from the University of Massachusetts at Amherst Cranberry Station to be appointed by the governor; and 1 agricultural economist to be appointed by the commissioner of agricultural resources.

The task force shall investigate short-term and long-term solutions to preserving and strengthening the commonwealth's cranberry industry. The task force shall examine methods to promote innovation in and the revitalization of the cranberry farming community including, without limitation, the impact of increased fixed costs borne by the cranberry growing community, alternative and renewable energy uses for growers and an investigation of the unique geography, culture and needs of the cranberry industry.

The task force shall submit its findings, together with drafts of recommended legislation, if any, to the clerks of the senate and house of representatives, the chairs of the joint committee on environment, natural resources and agriculture and the house and senate committees on ways and means not later than February 1, 2016.
 

 

Commission on State House Tourism

SECTION 163.   Notwithstanding any general or special law to the contrary, there shall be a commission to research and assess opportunities to enhance tourism at the state house. The commission shall examine and determine potential ways to increase retail sales through the State House bookstore and other gift kiosks. The commission shall consist of the following persons: the state secretary or a designee, who shall serve as chair; the commissioner of conservation and recreation or a designee; the secretary of housing and economic development or a designee; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 2 members of the senate, 1 of whom shall be appointed by the minority leader; the superintendent of the state house or a designee; and 3 persons to be appointed by the governor. The commission shall commence within 2 weeks of the effective date of this act and shall meet at least 4 times. The commission shall present a report on its findings and recommendations within 12 months of the effective date of this act.
 

Veto Explanation:
I am vetoing this section because the goals of enhancing tourism at the State House and increasing retail sales at the State House bookstore, whatever their merits, can be addressed without the creation of a new 11-member commission.

 

Study of employee retirement funding cost obligations

SECTION 164.   There shall be a working group convened to study the retirement funding cost obligations of employers and the required reimbursements of all non-commonwealth employers, agencies, governmental units, independent authorities, boards, commissions, component units of the commonwealth, districts, including regional and regional vocational school districts, educational collaboratives, and planning commissions that participate in or may participate in the state employees' retirement system and whose employees are or may become members of the state employees' retirement system.

The working group shall consist of at least the following 6 members: the secretary of administration and finance or a designee, who shall serve as chair; the chairman of the state board of retirement or a designee; the executive director of the public employee retirement administration commission or a designee; and 3 members to be appointed by the governor, 1 of whom shall represent a regional vocational school district, 1 of whom shall represent an educational collaborative and 1 of whom shall represent a planning commission. The working group may include any additional persons deemed necessary.

The working group shall file a report of its findings and recommendations, along with any draft legislation necessary to implement its recommendations, with the clerks of the senate and house of representatives not later than October 1, 2015.
 

 

Somerset RGGI Payment - Trust Fund

SECTION 165.   Notwithstanding any general or special law to the contrary, the department of energy resources shall expend an amount not to exceed $3,000,000 in fiscal year 2016 from the RGGI Auction Trust Fund established in section 35II of chapter 10 of the General Laws for reimbursements to municipalities in which the property tax receipts from an electric generating station, including payments in lieu of taxes and other compensation specified in an agreement between a municipality and an affected property owner, are reduced due to a reduction in capacity factor, occurring after July 1, 2012 at a dual coal and oil-fired facility, of at least 50 per cent from the average capacity factor of the previous 10 years provided that such action also reduces the commonwealth's greenhouse gas emissions from the electric generator sector under the goals established pursuant to chapter 21N of the General Laws; provided, however, that the amount of such reimbursements shall be determined by calculating the difference between: (1) the amount of the tax receipts, including payments in lieu of taxes or other compensation, paid by the electric generating station in the current tax year; and (2) the amount of the tax receipts, including payments in lieu of taxes or other compensation, paid by the electric generating station in the tax year prior to the full or partial decommissioning or other change in operating status of the facility; provided further, that reimbursement shall not be made if, in a tax year, the aggregate amount paid to a municipality by the owner of an electric generating station including, but not limited to, payments in lieu of taxes and other compensation, exceeds the aggregate amount paid to that municipality by that owner in the year prior to the full or partial decommissioning or other change in operating status of the electric generating station; and provided further, that not later than December 31, 2015, a municipality in which the property tax receipts from an electric generating station are reduced due to a reduction in capacity factor shall submit a report to the joint committee on telecommunications, utilities and energy detailing the need for such reimbursements and the impact on the municipality of receiving or not receiving such reimbursements. Payments from the RGGI Auction Trust Fund shall be prioritized so that the first payments from the fund shall be made to municipalities under this section.
 

 

MassHealth Savings Report

SECTION 166.   Notwithstanding any general or special law to the contrary, the division of medical assistance shall, not later than October 1, 2015, file a report with the executive office for administration and finance and the house and senate committees on ways and means identifying savings initiatives and cash management strategies that the executive office of health and human services shall pursue in fiscal year 2016 in order to operate the MassHealth program within the amounts appropriated in items 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0875, 4000-0880, 4000-0885, 4000-0940, 4000-0950, 4000-0990 and 4000-1400; provided, however, that the division of medical assistance shall notify the executive office for administration and finance and the house and senate committees on ways and means not fewer than 15 days in advance of any deviation from the planned implementation of savings initiatives and cash management strategies included in the initial report; and provided further, that the division shall notify the executive office for administration and finance and the house and senate committees on ways and means not fewer than 45 days in advance of implementing any proposed rate cuts to providers or service cuts to members.
 

 

Economic Empowerment Trust Fund 2

SECTION 167.   Notwithstanding any general or special law to the contrary, the comptroller shall transfer any assets in the Commonwealth Covenant Fund on the effective date of this act to the Economic Empowerment Trust Fund established in section 35QQ of chapter 10 of the General Laws.
 

 

Administration and Finance Efficiencies

SECTION 168.   (a) If the secretary of administration and finance determines that reforms or initiatives related to procurement or energy consumption, hereinafter referred to as integrity enhancements, have resulted in cost savings for an agency of the executive department during fiscal year 2016, the secretary may reduce allotments under section 9B of chapter 29 of the General Laws to reflect any of the amounts saved; provided, however, that no fewer than 15 days prior to reducing allotments, the secretary shall notify the house and senate committees on ways and means in writing.

(b) If, as of October 1, 2015, the secretary of administration and finance determines that allotment reductions related to integrity enhancements in fiscal year 2016 shall be insufficient to generate $30,000,000, the secretary shall submit to the house and senate committees on ways and means a cost-savings plan to reduce allotments under section 9B of chapter 29 of the General Laws; provided, however, that not fewer than 15 days prior to reducing allotments, the secretary shall notify the house and senate committees on ways and means in writing.

(c) The total amount of allotment reductions under this section shall not exceed $30,000,000 in fiscal year 2016.
 

 

MBTA Operating and Capital Budget Plan

SECTION 169.   The Massachusetts Bay Transportation Authority shall develop a plan to establish separate operating and capital budgets. The plan shall include clearly designated revenue sources and uses, and policies and procedures to ensure that the authority does not commingle funds between its operating and capital budgets. The plan shall include a process to facilitate the transfer of authority employees from the capital budget to the operating budget, detailing: (i) the number of employee salaries funded by capital expenditures in fiscal years 2015 and 2016; (ii) the total cost of employee salaries charged to the capital budget in fiscal years 2015 and 2016; and (iii) the number of employees and the total cost of employee salaries that the authority estimates shall be moved from capital expenditures to operating expenditures in each future fiscal year until no employee salaries are funded through the capital budget. The plan shall facilitate the transfer of employee salaries to the operating budget not later than July 1, 2018. The plan shall further analyze the extra bonding capacity created by the removal of personnel costs from the capital budget and detail capital projects that may be funded as a result. The plan shall be filed with the joint committee on transportation, the house and senate committees on bonding, capital expenditures and state assets and the house and senate committees on ways and means not later than December 15, 2015.
 

 

Distinctive Registration Plates 4

SECTION 170.   The registrar of motor vehicles shall issue a report on the implementation of sections 75 to 77, inclusive. The report shall include: (i) the overall fiscal impact to the registry of motor vehicles; (ii) the number of distinctive license plates issued in the commonwealth; (iii) software programming costs associated with the production of new distinctive license plates; and (iv) any other cost impacts or savings directly or indirectly related to the implementation of said sections 75 to 77, inclusive. The registrar shall file the report with the clerks of the house of representatives and senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on transportation not later than January 15, 2017.
 

 

Children and Family Law Division Billable Hours Cap Waiver

SECTION 171.   (a) Notwithstanding section 11 of chapter 211D of the General Laws, for fiscal year 2016, the chief counsel of the committee for public counsel services may waive the annual cap on billable hours for private counsel appointed or assigned to cases undertaken by the children and family law program established by the committee, if the chief counsel finds that: (i) there is limited availability of qualified counsel in that practice area; (ii) requirements for expertise rendering assignment to certain private counsel would be more cost effective; or (iii) demonstrated efficiency of private counsel shows that shifting the service to other counsel shall reduce the quality and increase the cost of service; provided, however, that counsel appointed or assigned to such cases within the private counsel division shall not be paid for any time billed in excess of 1,800 billable hours. It shall be the responsibility of private counsel to manage their billable hours.

(b) The committee for public counsel services shall conduct an evaluation of the annual billable hours cap and any impacts that the discretion to waive the cap may have on the caseload and budget of the committee. The committee shall submit an initial report of its findings to the clerks of the house of representatives and senate not later than December 1, 2015 and a final report not later than March 15, 2016.
 

 

Sheriffs' Offices Funding Formula

SECTION 172.   The secretary of administration and finance or a designee, in consultation with the chairs of the house and senate committees on ways and means or their designees; the Massachusetts Sheriffs Association, Inc. and the 14 sheriffs, shall develop a funding formula for the sheriffs' offices that includes a system of allocations to the individual offices. The secretary shall retain an independent consultant with demonstrated experience in evaluating measures of the workload of, services offered by and standards for sheriffs' offices and regional jails to develop the funding formula. The formula shall be based, in part, on the number of inmates served. In developing the system of allocations, the secretary shall consider, without limitation: (i) accurate data for each facility and the operational goals and needs for each facility; (ii) the geographic size and location of each sheriff's counties; (iii) costs per inmate and recidivism rates; (iv) the availability of and access to inmate re-entry programs and resources; (v) institutional performance with respect to clearly defined goals and metrics; (vi) the availability of federal funding mechanisms; (vii) costs attributed to inmate health care; (viii) the availability of funds obtained from the civil process divisions; and (ix) the overall revenue available to each sheriff's office, including state, federal and other funding sources.

The secretary shall submit a report detailing, without limitation: the funding formula, clearly defined goals and metrics for the number of inmates served, recommendations on strategies to maximize the efficiency and effectiveness of taxpayer dollars and any other recommendations to promote efficiency and effectiveness within the sheriffs' offices. The report shall be filed with the chairs of the house and senate committees on ways and means not later than March 1, 2016.
 

 

Sheriffs' Offices Reporting Requirement

SECTION 173.   Each sheriff shall submit biannual revenue and expenditure reports to the chairs of the house and senate committees on ways and means and the executive office for administration and finance. The first report shall be submitted not later than June 1 of each year. The second report shall be submitted not later than December 31 of each year.

Each report shall provide a full accounting of all operational and capital revenues derived from state budgetary appropriations and expended by the sheriff during each fiscal year. The report shall include, among other information necessary to provide a full accounting, the following information relative to revenues: (i) a description of all programs administered by the sheriff, including summer camps, re-entry programs and health care programs funded through state appropriations and the amount of state funding allocated for each program; (ii) a description of the number, type and class of employees employed and the total salary expenditures; and (iii) a description of all funds and their balances, including funds derived from civil service operations and federal grants.
 

 

University of Massachusetts Tuition Retention 5

SECTION 174.   (a) Notwithstanding any general or special law to the contrary, the University of Massachusetts shall classify as a student tuition credit, as defined in section 1B of chapter 75 of the General Laws, all tuition waivers, grants and scholarships identified in chapter 15A of the General Laws, or any other general or special law, and all reductions collectively bargained for that are in the form of a tuition or fee waiver available to students as student tuition credits.

(b) The University of Massachusetts shall calculate the value of all tuition waivers authorized under section 19 of said chapter 15A or any other general or special law, and all collectively bargained for reductions existing on July 1, 2016.

(c) The University of Massachusetts shall credit to eligible students the calculated value of the tuition waivers, grants and scholarships identified in said chapter 15A or any other general or special law and reductions collectively bargained for in the form of a tuition or fee waiver calculated in subsection (b) as a student tuition credit on the student's statement of student charges as defined in said section 1B of said chapter 75.

(d) The University of Massachusetts shall report to the senate and house committees on ways and means, the joint committee on higher education and the board of higher education on the existence and the calculated value of all tuition waivers, grants and scholarships identified in said chapter 15A or any other general or special law and reductions collectively bargained for in the form of a tuition or fee waiver at the University of Massachusetts. The report shall be submitted not later than August 1, 2016.
 

 

University of Massachusetts Tuition Retention 6

SECTION 175.   Notwithstanding any general or special law to the contrary, all tuition and fee waivers that are exclusive to the University of Massachusetts shall require only the approval by the board of trustees of the University of Massachusetts.
 

 

Public Health Evaluation Grant Program

SECTION 176.   There shall be a public health evaluation grant program to be administered by the department of public health. Grant recipients shall be selected through a competitive grant process in which successful proposals shall: (i) demonstrate substantial experience conducting evaluations of federal, state or local public health programs; (ii) focus on the evaluation of a state-funded department of public health program which may include, but shall not be limited to, school-based health centers, smoking cessation programs, HIV/AIDS prevention and treatment programs, obesity prevention programs and child nutrition programs; (iii) identify the state administrative datasets to be used; (iv) ensure compliance with applicable privacy regulations, including institutional review board policies; and (v) propose an evaluation to be completed in not more than 24 months that shall provide an analysis that examines the following areas of policy relevance: (a) the quantifiable effect of the program on the population treated through the program; (b) an estimate of the cost to the commonwealth of the public health problems being addressed through the program; (c) a comparison of the cost of the program and the estimated short-term and long-term benefits received by program recipients through the program; (d) data limitations in estimating the effect of the program; and (e) recommendations for further study. The department of public health shall report to the house and senate committees on ways and means 30 days before issuing a request for proposals for the program which shall detail the criteria to be used to award grants; provided however, that the request for proposals shall be issued not later than December 1, 2015. The department of public health, the center for health information and analysis, the executive office of health and human services, the executive office of education, the department of housing and community development and other relevant state agencies shall work with grant recipients funded through the program to provide secure access to state-collected data necessary for evaluations. Organizations receiving funds pursuant to this section shall report quarterly to the house and senate committees on ways and means, the joint committee on public health and the department of public health on: (1) the status and preliminary results of studies funded through the program; and (2) any obstacles encountered in access to data or other information that is negatively affecting the completion of the study. Funds appropriated in item 4590-0081 of section 2 for the grant program shall not revert and shall be available for expenditure through February 1, 2017.
 

Veto Explanation:
I am vetoing this section because I am vetoing line item 4590-0081, which provides the funding for this program.

 

Engaging Job Support Services Plans

SECTION 177.   (a) The commissioner of transitional assistance shall provide targeted assistance through specialist positions established pursuant to section 5 of chapter 18 of the General Laws to recipients who would have been exempt under clause (1) of subsection (e) of section 110 of chapter 5 of the acts of 1995 but are not exempt under regulations that may be adopted by the department pursuant to section 39 of chapter 158 of the acts of 2014 to implement said clause (1) of said subsection (e) of said section 110 of said chapter 5. The targeted assistance shall help the recipient or former recipient in finding employment, receiving job training or pursuing education. The targeted assistance shall include an assessment of the recipient or former recipient's education level and job skills.

(b) The commissioner shall assign 1 full engagement worker to each community service area as provided in said section 5 of said chapter 18. To promote social and economic well-being for individuals and families who would have been exempt under said clause (1) of said subsection (e) of said section 110 of said chapter 5 but are not exempt under regulations that may be adopted by the department pursuant to said section 39 of said chapter 158 to implement said clause (1) of said subsection (e) of said section 110 of said chapter 5, full engagement workers shall, in coordination with specialists established pursuant to said section 5 of said chapter 18, develop services for and provide assistance with finding employment, receiving job training or pursuing education.
 

 

Colocation 3

SECTION 178.   Notwithstanding any general or special law to the contrary, the director of career services shall, in coordination with the commissioner of transitional assistance, develop a plan to place a representative of a one stop career center in each regional office of the department of transitional assistance and to place a representative of the department at each one stop career center. The primary focus of the representatives shall be to facilitate services and resources for individuals seeking employment, job training, education or other transitional assistance between the one stop career centers and the department to promote self-sufficiency and financial independence. The representatives shall ensure proper compliance with all federal and state laws including, but not limited to, the federal Workforce Innovation and Opportunity Act of 2014. The director, in coordination with the commissioner, shall submit the plan to the joint committee on children, families and persons with disabilities and the house and senate committees on ways and means not later than December 31, 2015.
 

 

Training Resources and Internship Networks

SECTION 179.   There shall be a training resources and internship networks, or TRAIN, grant program for the long-term unemployed. The program shall be overseen by the office of coordination within the department of higher education, in cooperation with the executive office of labor and workforce development. The office of coordination shall provide grants through item 7066-0000 of section 2 to not fewer than 2 community colleges to implement training programs for the long-term unemployed. The program shall be focused on the development of skills needed to assist individuals in returning to the workforce and may be based on the industry-specific workforce plans developed by the department of higher education. The program shall also include an internship at a local business related to the training curriculum that shall occur concurrently with training provided at the community college. Local businesses participating in the program shall not be responsible for any costs related to the program.

The office of coordination shall coordinate with the executive office of labor and workforce development to require one stop career centers and community college navigators to provide outreach and to identify and encourage eligible individuals to participate in the program. Community college navigators shall also oversee the matching and duration of each internship. The program shall be available to individuals that have been unemployed for longer than 1 year. Individuals participating in the program shall attend the community college at no cost to the individual and receive a monthly stipend from the community college for the duration of the program to assist with living and travel expenses. The department of higher education shall provide a report that includes: (i) a breakdown of the number of participants who began the program and the number of participants who completed the program; (ii) a list of businesses providing internships to participants; (iii) a description of the training received by participants through internships; (iv) the number of participants who received full-time employment within 6 months of completing the program; and (v) recommendations for expanding the program to additional community colleges. The report shall be filed with the clerks of the house of representatives and the senate, the chairs of the joint committee on labor and workforce development, the chairs of the joint committee on economic development and emerging technologies and the house and senate committees on ways and means not later than December 1, 2016.
 

 

Chapter 257 Report

SECTION 180.   The executive office of health and human services shall file a report with the executive office for administration and finance and the house and senate committees on ways and means not later than March 1, 2016 on the implementation of chapter 257 of the acts of 2008. The report shall include: (i) spending and revenue for rates not yet promulgated as of July 1, 2015, by item, revenue source, service class and start date of implementation; (ii) spending and revenue for rates promulgated not later than June 30, 2013 that have not received a biennial rate review by item, revenue source, service class and start date of implementation; (iii) spending and revenue for rates due to be reviewed on July 1, 2015 by item, revenue source, service class and start date of implementation; (iv) estimated spending and revenue for rates to be reviewed between July 2, 2015 and June 30, 2016, inclusive, by item, revenue source, service class and projected start date of implementation; and (v) the extent to which each human service provider organization benefitting from rate increases under said chapter 257 has increased wages and benefits for its front-line human service employees.
 

Veto Explanation:
I am vetoing this section because the budget appropriates $30 million to resolve certain litigation and to adjust rates for human service providers governed by Chapter 257. That litigation has been resolved, and human service provider rates will be adjusted accordingly. Therefore, the reporting requirements under this section are unnecessary and burdensome.

 

Task Force on the Bulk Purchase of Prescription Medications

SECTION 181.   There shall be a task force to investigate the impact on state agencies from joining a non-Medicaid, multi-state prescription drug bulk purchase consortium. The task force shall consider: (i) the estimated cost savings related to joining a non-Medicaid multistate prescription drug bulk purchase consortium; (ii) the opportunity for counties, municipalities and nonprofit organizations to participate in a non-Medicaid multistate prescription drug bulk purchase consortium; (iii) potential administrative savings and efficiencies for participants as a result of joining a non-Medicaid multistate prescription drug bulk purchase consortium; (iv) other bulk purchase discounts or rebates for prescription drugs, medical supplies or other medical goods purchased by state agencies, other governmental units and nonprofit organizations; and (v) the means of receiving rebates or discounts for medical supplies or medications not included under the federal 340B Drug Pricing Program for eligible entities. The task force may consider non-Medicaid multistate prescription drug bulk purchase consortiums that are not available to the group insurance commission.

The task force shall consist of: the commissioner of public health or a designee who shall serve as chair; the chief of pharmacy at the state office of pharmacy services or a designee; the commissioner of mental health or a designee; the commissioner of developmental services or a designee; the secretary of veterans' services or a designee; the commissioner of correction or a designee; the executive director of the group insurance commission or a designee; the attorney general or a designee; the president of the Massachusetts Sheriffs Association, Inc. or a designee; the president of the Massachusetts Biotechnology Council, Inc. or a designee; the chairperson of the Massachusetts Chamber of Commerce, Inc. or a designee; and 6 members to be appointed by the governor, 1 of whom shall be a health care economist, 1 of whom shall be a pharmacist registered by the board of registration of pharmacy, 1 of whom shall be a county or municipal representative, 1 of whom shall be a representative of a nonprofit community health center, 1 of whom shall be a patient advocate and 1 of whom shall have experience with multistate prescription drug bulk purchase consortiums. The task force shall file its report and any proposed legislation with the clerks of the house of representatives and the senate , the joint committee on health care financing and the house and senate committees on ways and means not later than March 1, 2016.
 

Veto Explanation:
I am vetoing this section because the Department of Public Health already employs a consolidated bulk buying plan for all state entities that purchase pharmaceuticals, and whether further advantages could be achieved by participating in a multi-state program of this sort is a question that can be settled without the creation of a new 13-member task force.

 

Report on MassHealth Bulk Purchase of Prescription Medications

SECTION 182.   The office of Medicaid shall investigate and provide a report on potential cost savings for prescription medications including, but not limited to, the feasibility of joining a Medicaid multistate prescription drug bulk purchase consortium and pursuing new supplemental rebates from prescription drug manufacturers. The report shall include: (i) an update on existing supplemental rebates; (ii) recommendations to increase the amount of supplemental rebates received; (iii) estimated cost savings related to joining a Medicaid multistate prescription drug bulk purchase consortium; (iv) estimated administrative savings or other increased efficiencies related to joining a Medicaid multistate prescription drug bulk purchase consortium; and (v) opportunities for managed care organizations to receive similar rebates or discounts. The office shall file the report with the clerks of the house of representatives and the senate, the chairs of the joint committee on health care financing and the house and senate committees on ways and means not later than February 1, 2016.
 

Veto Explanation:
I am vetoing this section because the Office of Medicaid is already engaged in an independent review of methods to reduce costs in the area of prescription medications, and that review will include consideration of the two areas of potential cost savings on prescription medications targeted by Section 182. The Office of Medicaid will provide the Legislature with its relevant findings in this area upon request.

 

Federal Grants Management Task Force

SECTION 183.   (a) There shall be a task force to study and issue a report on maximizing state use of federal revenues. The task force's review of federal revenue opportunities shall include, but not be limited to, federal grants, contracts, loan guarantees and reimbursements. The task force shall review best practices in other jurisdictions and issue recommendations to achieve best practices. The review shall include, but not be limited to, an analysis of: (i) current practices in identifying opportunities, submitting applications and managing federal funds; (ii) the relationship and coordination between programmatic and fiscal staff; (iii) the management and administration of grants, including resources devoted, information technology, data storage and warehousing, transparency, workflow automation and performance accountability; (iv) current interface with existing payment and procurement systems, including the Massachusetts management accounting and reporting system and COMMBUYS; (v) interagency and interdepartmental coordination and cooperation; (vi) consolidation of databases currently managing grants into a single centralized system; (vii) the selection, reimbursement and closeout of subrecipients and vendors; (viii) the general court's role in facilitating opportunities; and (ix) the coordination between the members of the general court and members of the United States Congress from the commonwealth and federal agency personnel. The report shall include, but not be limited to, federal opportunities available to benefit the general public or a segment of the general public, including state agencies or departments, institutions of higher education and state authorities.

(b) The commission shall consist of the following members or their designees: the secretary of administration and finance who shall serve as chair; the state comptroller; the state auditor; the state treasurer; the attorney general; the state secretary; the secretary of education; the secretary of energy and environmental affairs; the secretary of health and human services; the secretary of housing and economic development; the secretary of labor and workforce development; the secretary of public safety and security; the secretary of transportation; the court administrator; the chair of the senate committee on intergovernmental affairs; the chair of the house committee on technology and intergovernmental affairs; the executive director of the Donahue Institute at the University of Massachusetts; and 2 members to be appointed by the governor who shall have expertise and experience working with federal grants.

(c) The commission shall file a report of its findings and recommendations with the clerks of the senate and the house of representatives, the senate and house committees on ways and means, the senate committee on intergovernmental affairs and the house committee on technology and intergovernmental affairs not later than July 1, 2016.
 

Veto Explanation:
I am vetoing this section because the Executive Office for Administration and Finance is already working on the issues to be addressed by this proposed new task force. The task force process would slow down that important work. We look forward to sharing the results of this work with the Legislature.

 

Illegal Tobacco Enforcement: Multi-Agency Illegal Tobacco Task Force Report

SECTION 184.   Not later than July 1, 2016 the multi-agency illegal tobacco task force established in section 40 of chapter 64C of the General Laws shall submit a report and proposed legislation to the clerks of the house of representatives and the senate, the house and senate chairs of the joint committee on revenue, the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on public safety and homeland security with recommendations on: (i) enhancing and amending cigarette excise forfeiture provisions; (ii) increasing civil and criminal penalties; (iii) updating and clarifying cigarette excise regulatory and administrative provisions; and (iv) potential regulatory or statutory changes to strengthen enforcement efforts, including any changes necessary to resolve existing legal ambiguities or inconsistencies and potential legal procedures for facilitating enforcement efforts.
 

 

Internet Accessibilty for Courts

SECTION 185.   Notwithstanding any general or special law to the contrary, not later than January 4, 2016 the court administrator of the trial court shall file a report with the chairs of the house and senate committees on ways and means detailing a plan to implement a system to provide civil and criminal case information on the internet to make courts more accessible to the general public which shall identify, without limitation, a timeline with specific targeted dates for implementation and a process to provide the general public with access to basic docket information on active civil and criminal cases. In the development of this plan, the court administrator shall take into consideration the principles provided by the justices of the supreme judicial court in the Policy Statement by the Justices of the Supreme Judicial Court Concerning Publication of Court Case Information on the Web, dated May, 2003, or any successor statement, taking into account necessary amendments according to chapter 256 of the acts of 2010.
 

 

Barnstable County Sheriff

SECTION 186.   Notwithstanding any general or special law to the contrary, for fiscal year 2016, the state comptroller shall, upon the written approval of the secretary of administration and finance, exempt the Barnstable county sheriff's department from all applicable charges or assessments made against grants to the Barnstable County Communications Center and monies derived from local aid cherry sheet charges to member communities pursuant to its authority under sections 5D and 6B of chapter 29 of the General Laws.
 

Veto Explanation:
I am vetoing this section because, at a time when unfunded liabilities represent a significant financial exposure for the Commonwealth, the Commonwealth cannot bear fringe and indirect costs on behalf of other governmental organizations. Funding issues for sheriffs are important and currently uncertain, and I look forward to undertaking the work required under section 172 of this act, which I am approving today.

 

Electric Rate Refund

SECTION 187.   Notwithstanding any general or special law to the contrary, the department of public utilities shall require each electric distribution company to refund or provide credits to customers impacted by the bill recalculation provision established in Investigation by the Department of Telecommunications and Energy on its Own Motion into the Pricing and Procurement of Default Service Pursuant to G.L. c. 164, 1B(d), D.T.E. 99-60-A (2000) and D.T.E. 99-60-B (2000), between November 1, 2014 and April 13, 2015.
 

 

New Business Registration Study

SECTION 188.   There shall be a special commission to study the feasibility of improving state agency information-sharing capabilities to facilitate new business registration. The commission shall consist of the following members or their designees: the chief information officer, who shall serve as co-chair; the commissioner of revenue, who shall serve as co-chair; the secretary of administration and finance; the state secretary; the attorney general; the state treasurer; the state auditor; the secretary of health and human services; the secretary of energy and environmental affairs; the secretary of housing and economic development; the secretary of labor and workforce development; the secretary of transportation; the secretary of education; 3 persons to be appointed by the governor, 2 of whom shall be specialists in the field of information technology; the president of the senate; the speaker of the house of representatives; the senate and house chairs of the joint committee on state administration and regulatory oversight; the minority leader of the senate; and the minority leader of the house of representatives. The commission shall conduct a comprehensive study of the feasibility of improving information-sharing capabilities to address duplicative processes and to streamline services to simplify new business registrations, particularly for small businesses. The commission shall review each agency's requirements for new business to evaluate duplicative, burdensome and unnecessary processes. The study shall also include a financial analysis of the implementation of new technology or upgrades to existing technology undertaken to facilitate new business registration.

The commission shall file a report of its findings and recommendations, if any, together with drafts of legislation necessary to carry out the recommendations, with the clerks of the senate and the house of representatives, the senate and house chairs of the joint committee on state administration and regulatory oversight, the senate and house chairs of the joint committee on economic development and emerging technologies and the house and senate committees on ways and means not later than December 31, 2015.
 

Veto Explanation:
I am vetoing this section because, while I support the goals of streamlining new business registration processes and eliminating duplicative registration requirements, these are improvements that the relevant executive agencies can and will execute independently, without the need for a new 22-member special commission.

 

Secure Jobs Finding

SECTION 189.   Notwithstanding any general or special law to the contrary, funds shall be expended from the Housing Preservation and Stabilization Trust Fund established in section 60 of chapter 121B of the General Laws for the Secure Jobs Connect pilot program established pursuant to item 7004-9322.
 

 

Injectable Naltrexone Study

SECTION 190.   The division of insurance, in consultation with the bureau of substance abuse services, shall conduct a study of health plan pharmacy and medical benefit design for extended-release injectable naltrexone. The study shall include, but not be limited to, the average time from the issuance of a prescription for extended-release injectable naltrexone to the delivery of the medication and policies to expedite delivery and reduce barriers to patient access in all settings of care. The division and the bureau shall report their findings to the joint committee on mental health and substance abuse and the joint committee on financial services not later than October 1, 2015.
 

 

Opiate Overdose Case Studies

SECTION 191.   Notwithstanding any general or special law to the contrary, the secretary of health and human services, in collaboration with the department of public health shall conduct or provide for an examination of the prescribing and treatment history, including court-ordered treatment or treatment within the criminal justice system, of persons in the commonwealth who suffered fatal opiate overdoses in calendar year 2014 and shall make a report in an aggregate and de-identified form on trends discovered through the examination.

Notwithstanding any general or special law to the contrary, to facilitate the examination, the department shall request, and the relevant offices and agencies shall provide, information necessary to complete the examination from the division of medical assistance, the executive office of public safety and security, the center for health information and analysis, the office of patient protection and the chief justice of the trial court, which may include, but shall not be limited to: data from the prescription drug monitoring program; the all-payer claims database; the criminal offender record information database; and the court activity record information. To the extent feasible, the department shall request data from the Massachusetts Sheriffs Association, Inc. relating to treatment within houses of correction.

Not later than February 1, 2016 the secretary of health and human services shall publish a report on the findings of the examination including, but not limited to: (i) instances of multiple provider episodes, meaning a single patient having access to opiate prescriptions from more than 1 provider; (ii) instances of poly-substance access, meaning a patient having simultaneous prescriptions for an opiate and a benzodiazepine or for an opiate and another drug which may enhance the effects or the risks of drug abuse or overdose; (iii) the overall opiate prescription history of the individuals, including whether the individuals had access to legal prescriptions for opiate drugs at the time of their deaths; (iv) whether the individuals had previously undergone voluntary or involuntary treatment for substance addiction or behavioral health; (v) whether the individuals had attempted to enter but were denied access to treatment for substance addiction or behavioral health; (vi) whether the individuals had received past treatment for substance overdoses; and (vii) whether any individuals had been previously detained or incarcerated and, if so, whether they had received treatment during the detention or incarceration.

The report shall be filed with the clerks of the house of representatives and the senate, the house and senate chairs of the joint committee on mental health and substance abuse, the joint committee on public health, the joint committee on health care financing and the house and senate committees on ways and means.

Not later than October 1, 2015, the secretary shall file a work plan providing a status update on the report which describes the steps being taken to complete the report. The secretary shall file the report with the clerks of the house of representatives and the senate, the house and senate chairs of the joint committee on mental health and substance abuse, the joint committee on public health, the joint committee on health care financing and the house and senate committees on ways and means.
 

 

Municipal Narcon Program

SECTION 192.   The department of public health may promulgate regulations or guidelines to implement the municipal naloxone bulk purchase program established pursuant to section 2RRRR of chapter 29 of the General Laws.
 

 

Boston 2024

SECTION 193.   Notwithstanding any general or special law to the contrary, no agency as defined in section 14C of chapter 7 of the General Laws or other entity created by the general court shall expend any state funds or tax expenditures, other than those funds for the purpose of analysis and due diligence, or incur any liability, indebtedness or obligation, by guaranty, indemnification agreement, bond undertaking or otherwise, to procure, host, aid, facilitate or remediate the effects of, hosting the Games of the XXXIII Olympiad in 2024 unless the general court enacts a special act authorizing the expenditure of state funds for such purposes following at least 1 public hearing conducted by the house and senate committees on ways and means acting individually or jointly. The committees may conduct more than 1 public hearing in geographically diverse locations within the commonwealth. Nothing in this section shall be interpreted to waive any other requirement for appropriation or approval in any law, rule or regulation.
 

 

Disposal of FY2015 consolidated net surplus

SECTION 194.   Notwithstanding any general or special law to the contrary, prior to transferring the consolidated net surplus in the budgetary funds to the Commonwealth Stabilization Fund under section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2015 as follows: (i) transfer 1/2 of the surplus, not to exceed $10,000,000, to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws; and (ii) transfer 1/2 of the surplus, not to exceed $10,000,000, to the Massachusetts Life Sciences Investment Fund established in section 6 of chapter 23I of the General Laws.
 

 

University of Massachusetts Tuition Retention VII

SECTION 195.   Not later than January 31, 2016, the president of the University of Massachusetts shall study and report to the secretary of administration and finance, the secretary of education, the university's board of trustees and the house and senate committees on ways and means on the following matters related to tuition retention and the implementation of sections 36, 37, 72, 73, 174 and 175: (i) calculations and recommendations relative to the value of all tuition waivers authorized under section 19 of chapter 15A of the General Laws or any other general or special law and all collectively bargained for reductions existing on July 1, 2016 and recommendations for procedures and approval mechanisms for changes in the value of student tuition credits; (ii) recommendations for specific budgetary and financial information that may be included in an annual report to be used to develop the annual university budget and increase transparency; provided, however, that the recommendations shall include, but not be limited to, a list of required reporting and auditing of revenue and expenditures supporting operation of the university as presented in the university's consolidated audited financial statements, the 5-year capital plan and all auxiliary functions and quasi-public entities that provide service or support to the university or its campuses in fulfillment of the requirements of section 10 of chapter 75 of the General Laws and the annual reporting required to monitor progress in meeting the goals of and fidelity to such plans as required pursuant to said section 10 of said chapter 75; (iii) the feasibility and relative benefits of including the total cost of fringe benefits for employees of the university paid with state appropriations in the base appropriation of the university beginning on July 1, 2016 and shifting the associated obligation of paying the university's actual fringe benefit costs for all employees of the university to the university beginning on July 1, 2016; and (iv) recommendations for any reduction or increase to the university's base appropriation in fiscal year 2017.
 

 

MBTA Procurement Tools III

SECTION 196.   (a) Notwithstanding any general or special law to the contrary, for a period beginning on July 1, 2015 and ending on July 1, 2018 contracts for the procurement of goods and services executed by or on behalf of the Massachusetts Bay Transportation Authority shall not be subject to sections 52 to 55, inclusive, of chapter 7 of the General Laws; provided, however, that the secretary of transportation or a designee shall consult on and approve all service contracts necessary to support the activities of the Massachusetts Bay Transportation Authority that are executed during this period. A subsequent agreement, including an agreement resulting from a rebidding of a service contract or an agreement renewing or extending a service contract originally executed during this period shall not be considered a privatization contract pursuant to section 53 of said chapter 7.

(b) The Massachusetts Bay Transportation Authority, in conjunction with the Massachusetts Department of Transportation, shall submit an annual report on or before September 1 detailing the number of service contracts and procurement contracts executed pursuant to this section. The report shall include, but not be limited to, the project or service contracted for, the term of the contract, the projected savings and any realized savings. The report shall be filed with the clerks of the house of representatives and the senate who shall forward the same to the house and senate committees on ways and means and the joint committee on transportation.

(c) The office of inspector general shall perform a review and analysis of all contracts performed pursuant to subsection (a). The Massachusetts Bay Transportation Authority shall provide the inspector general with all requests for proposals and a copy of any contracts entered into pursuant to said subsection (a). The analysis shall include, but need not be limited to, a review of: (i) the competitiveness and fairness of the procurement process resulting in the contract; (ii) the quality of the services provided by the contract; (iii) the expected and actual cost of the contract; and (iv) an analysis of whether the cost of the contract exceeded the benefits derived from the contract. The office of inspector general shall issue a report of the review and analysis of contracts performed pursuant to subsection (a) not later than 90 days after complete performance of such a contract. The report shall be filed with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, and the joint committee on transportation. The office of the inspector general shall make said reports available on its website.
 

 

Massachusetts Department of Transportation Board of Directors 6

SECTION 197.   Notwithstanding any general or special law to the contrary, the 10 members of the board of directors of the Massachusetts Department of Transportation appointed by the governor pursuant to section 2 of chapter 6C of the General Laws shall be appointed and begin their terms upon the effective date of this act. Initial appointments made to the board serving for terms that are not coterminous with the governor shall be composed of 3 members who shall be appointed for initial terms of 2 years and 3 members who shall be appointed for initial terms of 3 years. A director serving on the effective date of this act shall be eligible for reappointment. The secretary of transportation shall begin serving as chair on the effective date of this act.
 

 

Internal Special Audit Unit Director

SECTION 198.   Notwithstanding section 13 of this act, the current director of the internal special audit unit established pursuant to section 9 of chapter 6C of the General Laws shall be allowed to serve out the rest of the director's current 6-year term; provided, however, that the director may be removed for cause.

 

 

MBTA Fiscal Management Control Board XII

SECTION 199.   As used in sections 199 to 208, the following words shall have the following meanings unless the context clearly requires otherwise:

"Authority", the Massachusetts Bay Transportation Authority established under section 2 of chapter 161A of the General Laws.

"Board", the board of directors of the Massachusetts Department of Transportation established under section 2 of chapter 6C of the General Laws.

"Control board", the Massachusetts Bay Transportation Authority fiscal and management control board.

"Department", the Massachusetts Department of Transportation established under section 2 of chapter 6C of the General Laws.

"General manager", the general manager of the Massachusetts Bay Transportation Authority.

"Secretary", the secretary of transportation.
 

 

MBTA 1

SECTION 200.   (a) There shall be within the department and reporting to the secretary a control board.

(b) The control board shall consist of 5 members to be appointed by the governor, 3 of whom shall be members of the board, 1 of whom shall have experience in transportation finance and 1 of whom shall have experience in mass transit operation. Each member shall serve for the entire time that the control board exists unless removed with or without cause by the governor. Any vacancy in the control board shall be filled in the same manner as the original appointment of the member being replaced. The secretary shall designate the chair of the control board, and may fix annual time and expense reimbursements of not more than $6,000 to be paid to members of the control board from funds of the department. Directors serving on the control board may receive the time and expense reimbursements in addition to any payments provided to directors under subsection (b) of section 2 of chapter 6C of the General Laws. The control board shall meet as regularly as necessary to ensure the stability of authority operations and finances but not less than 3 times per month.

(c) Notwithstanding sections 3 and 7 of chapter 161A of the General Laws or any other general or special law to the contrary, the control board shall be afforded all powers, responsibilities and obligations relative to the authority that are vested in the board, except as otherwise provided in this act, and those powers, responsibilities and obligations set forth in this act.

(d) Meetings of the control board shall be subject to sections 18 to 25, inclusive, of chapter 30A of the General Laws. Records of the control board shall be subject to section 10 of chapter 66 of the General Laws.

(e) The control board may employ, retain and supervise managerial, professional and clerical staff as may be necessary to carry out its responsibilities. The control board may set the compensation, terms and conditions of employment of its staff. Staff hired under this subsection shall be employees of the department except employees that the control board formally designates as independent contractors; provided, however, that the independent contractors shall be treated as executives under section 26 of said chapter 161A.

(f) The control board shall initiate and assure the implementation of appropriate measures to secure the fiscal, operational and managerial stability of the authority and shall continue in existence until June 30, 2018 and thereafter for an additional period of 2 years upon the recommendation by the control board to the governor in writing based upon specific findings that such 2-year period is in the best interest of the public and necessary to achieve operational stability and establish performance metrics for the authority; provided, however, that the recommendation shall be approved in writing by the governor not later than June 30, 2018; and provided further, that the control board shall in no event continue beyond June 30, 2020. The recommendations and findings by the control board, if any, and the governor's approval, if any, shall be filed with the clerks of the house of representatives and senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on transportation.

(g) Following the dissolution of the control board, the board shall resume governance of the authority.
 

 

MBTA 2

SECTION 201.   (a) The control board may delegate any powers, responsibilities and obligations specifically afforded to it to the general manager unless otherwise provided in this act.

(b) The general manager shall at least monthly provide the control board with information on the status of the revenues and expenses for the operating budget and on the status of revenues, contracting, procurement and authorized and actual spending for the capital program. The general manager shall at least quarterly provide the control board with data on progress toward achieving key performance management targets. The reports shall be submitted to the secretary of transportation, the secretary of administration and finance, the clerks of the house of representatives and senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on transportation.
 

 

MBTA 3

SECTION 202.   (a) The control board shall formulate and recommend a plan to the secretary to stabilize and strengthen the finances, management, operations and asset condition of the authority. The control board shall develop performance metrics and measure items included in the plan. The plan shall: (i) provide a safe, reliable and sustainable transit system consistent with the comprehensive state transportation plan under section 11 of chapter 6C of the General Laws; (ii) establish fiscal stability, including short-term and long-term planning to ensure that the authority's budgets are aligned with its operational and capital needs; (iii) reorient the authority to focus on providing better service to its current riders and on attracting future riders; (iv) facilitate sound management and a safe and effective workplace consistent with section 7 of said chapter 6C; and (v) develop a financially responsible, long-range approach to preserving and modernizing the authority's assets and meeting future needs for regional transit facilities and services consistent with the program for mass transportation required by paragraph (g) of section 5 of chapter 161A of the General Laws.
 

 

MBTA 4

SECTION 203.   In addition to those powers otherwise provided in this act, the control board may: (i) establish separate operating and capital budgets each with clearly designated revenue sources and uses and establish policies and procedures to ensure that no funds are commingled between operating and capital budgets; (ii) establish 1-year and 5-year operating budgets beginning with fiscal year 2017, which are balanced primarily through a combination of internal cost controls and increased own-source revenues consistent with paragraph (q) of section 5 of chapter 161A of the General Laws and which facilitate the transfer of all employees of the authority from the capital budget to the operating budget; provided, however, that the 1-year and 5-year budgets shall be consistent with section 20 of said chapter 161A; (iii) establish 5-year and 20-year capital plans that include a phased program for the complete restoration of the physical assets of the authority including its vehicle fleet, a plan to address failings within the existing capital program and funding recommendations to meet the region's transit needs; (iv) establish a rigorous performance management system and performance metrics and targets that address, among other things, maximizing of own-source revenues, increasing ridership, reducing absenteeism, addressing vacancies and attrition, improving employee morale, achieving procurement and contracting improvements and improving customer focus and orientation; (v) review any contract for the provision of services entered into by the authority, including contracts entered into before the establishment of the fiscal and management control board, including, but not limited to, commuter rail and paratransit service contracts, and amend those contracts, as necessary, in accordance with their terms; and           (vi) establish, increase, or decrease any fare, fee, rate, or charge for any service, license or activity within the scope of the authority subject to and consistent with subsection (d) of section 61 of chapter 46 of the acts of 2013.
 

 

MBTA 5

SECTION 204.   Notwithstanding any general or special law to the contrary, the control board may: (i) reorganize or consolidate departments, divisions or entities of the authority, except the Metropolitan Boston Transit Parking Corporation, in whole or in part; (ii) establish any new departments, divisions, or entities as it considers necessary; and (iii) transfer the duties, powers, functions and appropriations of 1 department, division or entity, except the duties, powers, functions and appropriations of the Metropolitan Boston Transit Parking Corporation, to another. Any reorganization or consolidation that affects the department shall not be effective unless approved by the board.
 

 

MBTA 6

SECTION 205.   Based on a recommendation of the control board, the board may amend any borrowing authorization or finance or refinance any debt of the authority in accordance with the law; provided, however, that the board shall not delegate this authority.
 

 

MBTA 7

SECTION 206.   The control board shall appear before and provide updates to the board not less than once per month.
 

 

MBTA 8

SECTION 207.   (a) Within 60 days after all of the members of the control board have been appointed, the control board shall submit a preliminary report to the secretary of transportation, the secretary of administration and finance, the clerks of the house of representatives and senate, the chairs of the joint committee on transportation and the chairs of the house and senate committees on ways and means. The report shall include a preliminary analysis of and management plans to address the authority's structural operating deficit and its capital and maintenance needs over the 5 years following the effective date of this act.

(b) Annually, not later than December 15, the control board shall report on the authority's own source revenue, operating budget, capital plan and progress toward meeting performance metrics and targets to the secretary, the secretary of administration and finance, the clerks of the house of representatives and senate, the house and senate chairs of the joint committee on transportation and the chairs of the house and senate committees on ways and means. The report shall include an update on the authority's progress in: (i) maintaining a priority list of immediate capital needs for the next 5 years and procurement and implementation plans; (ii) imposing a barrier between the commingling of operating and capital budgets; (iii) increasing own-source revenue as required by section 61 of chapter 46 of the acts of 2013; (iv) conducting thorough reviews and analyses of all proposals for system expansion, taking into account operating and capital costs, benefits to current and new riders and economic development impacts; (v) centralizing authority procurement and contracting, implementing best procurement and contracting practices and sharing or consolidating authority procurement and contracting with that of the department consistent with this act; (vi) planning and preparedness processes and adopting an incident command system; (vii) reorganizing internal structure along modal business lines; (viii) maintaining 1-year and 5-year operating plans and budgets; (ix) maintaining a 20-year capital plan for the restoration of physical assets; (x) improving customer relations and instituting a customer-oriented performance management program; (xi) identifying and implementing best practices supporting workforce productivity and engagement; (xii) reducing employee absenteeism; (xiii) reducing barriers to public-private partnerships; and (xiv) utilizing the lease and sale of real estate assets to support the long-term health of the system and implementing value capture strategies.
 

 

MBTA 9

SECTION 208.   Notwithstanding any other section of this act, no existing rights of the holders of bonds, notes and other financing obligations issued by or on behalf of the authority under chapter 161A of the General Laws shall be impaired and nothing in this act shall be construed to alter or grant the power to alter existing agreements securing the bonds or other obligations, hedge agreements or investment contracts pertaining thereto, other than in accordance with their terms. The authority shall maintain the covenants and agreements of the trust agreements, bond resolutions and other instruments pertaining to such bonds and other obligations secured thereunder so long as such bonds and other obligations shall remain outstanding. The control board shall not control and shall not have the power to alter or otherwise impair the trust imposed in the third paragraph of subsection (a) of section 35T of chapter 10 of the General Laws and shall not have the power to alter or otherwise impair the other commonwealth covenants set forth in said third paragraph of said subsection (a) of said section 35T of said chapter 10. The commonwealth hereby re-affirms such trust and other covenants.
 

 

Nursing and Resident Care Facility Base Year

SECTION 209.   Notwithstanding any general or special law to the contrary, nursing facility and resident care facility rates effective October 1, 2015 under section 13D of chapter 118E of the General Laws may be developed using the costs of calendar year 2007 or any subsequent year that the secretary of health and human services may select in the secretary's discretion.
 

 

Effective Date for EITC Change

SECTION 210.   Section 6 shall take effect on January 1, 2016.
 

 

Effective date of Section 5

SECTION 211.   Sections 7 and 45 shall take effect as of July 1, 2014.
 

 

Effective Date for Tuition Retention, Court Expansion and Colocation

SECTION 212.   Sections 36, 37, 38, 44, 72, 73, 119, 174 and 175 shall take effect on July 1, 2016.
 

 

Effective Date for Combined Reporting

SECTION 213.   Section 70 shall take effect as of January 1, 2015 and shall apply to tax years beginning on or after January 1, 2015.
 

Veto Explanation:
I am vetoing this section because I am vetoing the underlying section related to combined reporting, section 70.

 

Headlight and Wiper Surcharge Effective Date

SECTION 214.   Section 74 shall take effect as of April 7, 2015.
 

 

Effective Date Distinctive Registration Plates

SECTION 215.   Sections 75 to 77, inclusive, shall take effect 180 days after the effective date of this act.
 

 

Effective Date

SECTION 216.   Except as otherwise specified, this act shall take effect as of July 1, 2015.