Mr. Vallee Of Franklin move that the bill be amended in section 2, in item 1008-5200, in line 0, by striking out the following: “"provided further, that the commonwealth's share for active state employees and their dependents who are hired after June 30, 2003 shall be 75% of such premiums and rates. By striking out the figure 770,553,026 and inserting the figure 771,953,026 and by striking inline item 0411-1000 the figure 5,135,418 and inserting the figure 4,135,418 and in line item 1100-1100 the figure 3,297608 and instering 2,797,608”.

CLERK NUMBER: 152

Harriett Stanley Of West Newbury move that the bill be amended by adding at the end thereof the following section(s):

SECTION . Section 15 of chapter 19, of the General Laws, as appearing in the 2002
Official Edition, is hereby amended by adding the following clause:-
(k) to collect and maintain information on the number of group home units in each
community and report such information, including the location of such group home units,
to the department of housing and community development on an annual basis. Such
location shall be held by the department of housing and community development subject
to chapter 66A.

SECTION . clause (b) of section 15 of chapter 19B of the General Laws, as so
appearing, is hereby amended by adding the following sentence:-
The department of mental retardation shall report the number of group home units in each
city or town on an annual basis to the department of housing and community
development. The department of mental retardation shall also report the location of such
group homes to the department of housing and community development. Such location
shall be held by the department of housing and community development subject to
chapter 66A.

SECTION . The second paragraph of section 3 of chapter 23B of the General Laws, as
so appearing, is hereby amended by adding the following clause:-
(w) count the number of low or moderate income housing units, as defined by
chapter 40B and the accompanying department of housing and community development
regulations, in each city or town in the commonwealth on a biennial basis.

SECTION . Section 20 of chapter 40B of the General Laws is hereby amended by
striking out section 20, as so appearing, and inserting in place thereof the following
section:
Section 20 – Definitions
The following words, wherever used in this section and in sections 20A to 23, inclusive,
shall, unless a different meaning clearly appears from the context, have the following
meanings:-
“Affordable Housing Threshold”, each city or town shall have a minimum affordable
housing threshold such that at least 10 percent of year round housing units meet the
requirements for inclusion on the subsidized housing inventory in a manner consistent
with sections 20 through 23 of this chapter.
“Committee”, the housing appeals committee.
“Consistent with local needs”, shall have the meaning set forth in section 20A.
“Department”, the department of housing and community development.
“Family”, two or more persons who live or will live regularly in a unit as their primary
residence whose income and resources are available to meet the family’s needs and who
are either related by blood, marriage, operation of law or who have otherwise evidenced
an inter-dependent relationship.
“Group Home Units”, community housing units or beds serving clients of the department
of mental retardation or the department of mental health which are located in a noninstitutional
setting. Each such unit shall serve 1 client.
“Local Board”, any town or city board of survey, board of health, planning board,
conservation commission, building inspector or the officer or board having supervision of
the construction of buildings or the power of enforcing municipal building laws, or city
council or board of selectmen or other boards exercising power specified locally.
“Local Program”, a housing program established and administered by a city or town
which has been authorized and approved by the department.
“Low or moderate-income households”, individuals or families living in a housing unit
with combined incomes no higher than 80 percent of the median income for the
metropolitan statistical area, primary metropolitan statistical area, or the county in which
the housing unit is located, whichever is lower, as determined by the United States
department of housing and urban development or, in the absence of such a determination,
by the department.
“Low or moderate-income housing”, any year round housing subsidized by the federal or
state government under any program, or subsidized by a local government under a local
program authorized and approved by the department, to produce housing which serves
low or moderate-income households as defined in this chapter, or 50% of the homes in a manufactured housing community, as defined by section 32f of chapter 140."
“Subsidy”, the provision of: direct financial assistance; indirect financial assistance
including insurance, guarantees, or other means; in kind assistance; technical assistance;
or of other supportive services through a federal, state or local housing program to assist
the construction of low or moderate-income housing.
“Subsidizing Agency”, any agency or entity of state, federal or local government which
subsidizes the construction or substantial rehabilitation of low or moderate-income
housing and any housing authority acting pursuant to section 26(m) of chapter 121B.
“Uneconomic”, any condition brought about by any single factor or combination of
factors to the extent that such condition makes it impossible for a public agency or
nonprofit organization to proceed in building or operating low or moderate income
housing without financial loss, or for a limited dividend organization to proceed and still
realize a reasonable return in building or operating such housing within the limitations set
by the subsidizing agency on the size or character of the development or on the amount or
nature of the subsidy or on the tenants, rentals and income permissible, and without
substantially changing the rent levels and units sizes proposed by the public, nonprofit or
limited dividend organizations.

SECTION . Said chapter is hereby further amended by inserting after section 20, the
following new section:-
Section 20A. Consistent with local needs.
Decisions and requirements by the zoning board of appeals shall be considered consistent
with local needs if they are reasonable in view of the regional need for low or moderate
income housing considered with the number of low and moderate income persons in the
city or town affected and the need to protect the health or safety of the occupants of the
proposed housing or of the residents of the city or town, to promote better site and
building design in relation to the surroundings, or to preserve open spaces, and if such
decisions and requirements are applied as equally as possible to both subsidized and
unsubsidized housing. Decisions and requirements shall also be deemed consistent with
local needs when imposed by a board of zoning appeals after comprehensive hearing in a
city or town where:
(1) Low or moderate-income housing exists which is at least 10 per cent of the
housing units reported in the most recent federal decennial census of the city or town;
(2) The development is large scale for the city or town in which it is proposed. A
proposed development shall be large scale if:
a. in a city or town which has a total number of 7,500 or more housing units as
enumerated in the most recent federal decennial census, the application for a
comprehensive permit involves construction of more than 300 housing units or a
number of housing units equal to or greater than 2 percent of all housing units in
the city or town, whichever number is greater; or
b. in a city or town which has between 5,000 and 7,500 housing units exclusive, as
so enumerated, the application for a comprehensive permit involves construction
of more than 250 housing units; or
c. in a city or town which has between 2,500 and 5,000 housing units inclusive, as
so enumerated, the application for a comprehensive permit involves construction
of more than 200 housing units; or
d. in a city or town which has less than 2,500 housing units, as so enumerated, the
application for a comprehensive permit involves construction of more than 150
housing units; or
(3) The city or town has made recent progress toward attaining its affordable housing
threshold. Recent progress toward its affordable housing threshold shall mean that
the number of housing units that have been created during the twelve months prior to
the date of the comprehensive permit application and that are eligible to be included
on the subsidized housing inventory equal to or greater than 2 percent of the city or
town’s total housing units as enumerated in the most recent federal decennial census; or
(4) 12 months has not elapsed between the date of application for a comprehensive
permit and the date of the most recent pendency of a prior application for a variance,
special permit, subdivision or other approval related to construction on the same land
if that prior application included no provision for low or moderate income housing,
provided that any such application shall not be considered a prior application if it
concerns only insubstantial changes to an existing use;
(5) the city or town has adopted an affordable housing plan approved by the
department pursuant to which there is an increase in its number of low or
moderate-income housing units eligible for inclusion on the subsidized
housing inventory by at least one-half of 1 percent of total units every
calendar year until housing needs are met pursuant to this chapter, subject to
paragraphs (a) and (b) below.
a. The affordable housing plan shall be based upon a comprehensive housing
needs assessment, which shall include an analysis of the most recent federal
decennial census data of the city or town’s demographics and housing stock,
development constraints as well as of the city or town’s ability to mitigate
them, and the city or town’s infrastructure.
b. The affordable housing plan shall address the matters set out in guidelines
adopted by the department, including:
i. a mix of housing, such as rental and homeownership opportunities
for families, individuals, persons with disabilities or special needs,
and the elderly that are consistent with local needs and feasible
within the housing market in which they will be situated;
ii. the strategy by which the city or town will achieve its housing
goals based upon its comprehensive needs assessment;
iii. the characteristics of projects the city or town prefers that are
consistent with the guidelines established by the department for
smart growth and development including, but not limited to,
redevelopment and adaptive reuse, cluster housing, higher-density
housing, transit or pedestrian-oriented development which
provides access to jobs and services, resource efficient buildings,
and development in locations with existing infrastructure;
iv. a description of the use restrictions which shall be imposed on low-
or moderate-income housing units to ensure that each unit will
remain affordable to and occupied by low or moderate-income
households;
v. the identification of zoning districts or geographic areas which
permit residential uses which the city or town proposes to modify
or has created for the purposes of low or moderate-income housing
developments;
vi. the identification of specific sites or characteristics of sites for
which the city or town will encourage the filing of comprehensive
permit applications pursuant to section 21 of this chapter; and
vii. city or town owned parcels, if any, for which the city or town
commits to issue requests for proposals to develop low or
moderate-income housing.
c. Upon submission to the department, the plan shall also be submitted to the
regional planning district established pursuant to this chapter or the cape cod
commission established pursuant to section 18 of chapter 716 of the laws of
1989 as amended, or the martha’s vineyard commission established pursuant
to chapter 831 of the laws of 1977, within such district or commission area
such project is located or any other regional planning district hereafter
established by the general court, which shall have 30 days to comment to the
department on the implications of the plan for housing need, growth and
development concerns, and other relevant matters. Within 90 days after its
submission to the department by a city or town’s chief executive officer, the
department shall approve the plan if it meets the requirements specified
herein, otherwise, it shall disapprove the plan. The department shall notify the
city or town of its decision to either approve or disapprove a plan in writing.
If the department disapproves a plan, the notification shall include a statement
of reasons for the disapproval. A city or town that originally submitted a plan
that had been disapproved may submit a new or revised plan to the department
at any time. A city or town may amend its plan from time to time if the
department approves the amendment. If the department fails to mail notice of
approval or disapproval of a plan or plan amendment within 90 days after its
receipt, the plan or plan amendment shall be deemed to be approved.
d. The department shall certify annually whether a city or town is in
compliance with an approved plan. The department shall determine whether a
city or town is in compliance within 30 days of receipt of a city or town’s
request for such a certification. A city or town shall be in compliance if it has
reached the benchmarks established in its approved plan and has made all
changes necessary to accommodate future planned development. If the
department determines the city or town is in compliance with its plan, the
certification shall be retroactive to the date the certification was requested.
Provided further if a city or town fails to achieve the goals established in the
approved plan and as documented on the subsidized housing inventory the
city or town shall not be in compliance with its plan and shall submit a new
plan for certification by the department.
e. Units which were created and which became eligible to be counted toward a city or
town’s affordable housing threshold between August 1, 2002 and December 31, 2002
shall be credited toward the city or town’s affordable housing threshold for the first
year of planned production under an approved affordable housing plan, regardless of
the date the plan is submitted to or certified by the department. An approved plan
shall take effect for the purpose of the definition of consistent with local needs in this
section only when the department certifies that the city or town has approved permits
resulting in an initial annual increase in its low-or moderate-income housing units of
at least one-half of 1 percent of total housing units in accordance with its plan. It is
the responsibility of the city or town to request such certification from the
department. Once the department has made such a certification of initial compliance
and subsequent annual certifications of compliance:
1. The board may, in its discretion, deny, or approve with conditions,
any comprehensive permit applications for the period of one year
from any certification, and such denial or approval with conditions
shall be deemed consistent with local needs; or, alternatively,
2. The board may, in its discretion, deny or approve with conditions
any comprehensive permit applications for the period of 2 years
from any certification, if, in the year it was certified, the city or
town has increased its low or moderate-income housing stock by at
least 1 percent of total housing units in a manner consistent with
the plan, or alternatively,
3. The board may, in its discretion, deny, or approve with conditions,
any comprehensive permit applications for the period of 3 years
from any certification, if, in the year it was certified, the city or
town has increased its low or moderate-income housing stock by at
least 1½ percent of total housing units in a manner consistent with
the plan; or
(6) the board has approved 3 or more comprehensive permits, at least 3 of which
contain 20 or more housing units each within 12 months preceding the filing of an
application for a comprehensive permit and those permits have become final.

SECTION . Said chapter is hereby further amended by inserting after section 20, the
following new section:-
Section 20B. Local determination of affordable housing threshold.
(a) Comprehensive permit requirements.
(1) To be eligible to submit an application for a comprehensive permit or to
file or maintain an appeal before the committee, the applicant and the project shall
fulfill the following jurisdictional requirements:
(i) The applicant shall be a public agency, a non-profit organization,
or a limited dividend organization. An applicant shall satisfy the limited
dividend organization requirement if the comprehensive permit contains a
condition that the owner of the project execute a regulatory agreement
with a subsidizing agency which limits the owner’s return on building or
operating the project to the amounts set by the subsidizing agency or
program. Such regulatory agreement shall be recorded or filed prior to the
beginning of construction of the land records with the registry of deeds or
land court in the registry district or district office of the land court in
which the project is located.
(ii) The project shall be fundable by a subsidizing agency under a low
and moderate-income housing subsidy program.
(iii) The applicant shall control the site.
(iv) The proposed development shall contain no less than 25 percent of
its total housing units as units affordable to low or moderate
income households, or in the alternative a proposed development
may contain no less than 20 percent of its total housing units as
affordable to households whose income does not exceed 50 percent
of the area median income.
Provided further the inclusion of commercial, recreational or other land
uses which are in conjunction with the housing development shall not
preclude eligibility.
(2) Fundability shall be established by submission of a written determination
of project eligibility by a subsidizing agency as follows:
(i) A determination of project eligibility shall include:
A. the name and address of the applicant;
B. the address of the site and site description;
C. the number and type (homeownership or rental) of housing units proposed;
D. the name of the housing program or programs under which project
eligibility is sought; and
E. relevant details of the particular project if not mandated by the housing
program, including the percentage of units for low or moderate income
households, income eligibility standards, the duration of use restrictions
requiring occupancy by low or moderate income households, and the
limited dividend status of the developer;
(ii) A determination of project eligibility shall make the following
findings:
A. that the proposed project appears generally eligible under the requirements
of the housing program or programs, subject to final review of eligibility
and to final approval;
B. that the subsidizing agency has performed an on-site inspection of the site
and has reviewed pertinent information submitted by the applicant;
C. that the proposed housing design and density are generally appropriate for
the site on which it is located, taking into account surrounding land uses,
proximity to transportation, services and public utilities, and design to
minimize land use impacts;
D. that the proposed project appears financially feasible within the housing
market in which it will be situated, based on comparable rentals or sales
figures;
E. that an initial pro forma has been reviewed and the project appears financially
feasible on the basis of estimated development costs; and
F. that the developer of the proposed project meets the general eligibility
standards of the housing program or programs.
(iii) In addition to the foregoing, a subsidizing agency shall
consider the following in making a determination of project eligibility:
overall density and size; environmental impact, including watersheds and
existing land uses; consistency with principles of smart growth; impact on
historical resources; the impact of other pending applications for housing
development; and other local concerns of the city or town where the
project is located.
(iv) Within 10 days of filing of its application for a determination
of project eligibility with a subsidizing agency for preliminary approval
of a project, the applicant shall serve written notice upon the director of
the department.
(v) Within 10 days of filing the application for a determination of
project eligibility the applicant shall provide written notice and a copy of
such application to the chief executive officer of the involved city or town
and to the members of the general court representing such city or town.
The applicant shall also provide written notice of the application to the
planning board, board of health, conservation commission, water and
sewer district, fire and police.. Within 30 days after such notice, the chief
executive officer or designee of the chief executive officer may schedule
and hold a meeting at a location within the involved city or town. The
meeting shall be chaired by the city or town’s chief executive officer or
designee and shall be attended by the applicant or its representative.
Representatives from local boards are encouraged to attend the meeting
and provide written comment. The purpose of the meeting is to allow the
applicant and the city or town representatives to informally discuss the
preliminary proposal so that the parties involved can develop an
understanding of the proposal and to respond to concerns raised in an
effort to achieve an outcome that meets the needs of the involved city or
town as well as the applicant. In addition, a representative from a public
or quasi-public housing agency, or a regional planning agency within the
regional planning district or its designee knowledgeable with respect to
chapter 40B may provide technical assistance on topics including, but not
limited to, site design and density, open space, marketing, use restrictions,
allowable costs and profit limitations. Following the close of the
meeting, the chief executive officer of the city or town, local boards, and
the regional planning district may issue written comments within 14 days
to the subsidizing agency.
(vi) Within 10 days of receipt of a written determination of project
eligibility from the subsidizing agency, the applicant shall serve a copy of
that determination upon the director of the department.
(vii) An applicant which has obtained a determination of project
eligibility shall be presumed to be eligible to submit an application for
comprehensive permit or to file or maintain an appeal before the
committee. Nothing set forth in this section 20B shall be deemed to
confer upon any city or town, or any of its boards, committees,
commissions or officials, or upon any other person the right to appeal
or judicial review in any form the determination of project eligibility
by the subsidizing agency, it being intended that the rights of appeal
conferred by sections 21 and 22 of this chapter shall be the exclusive
remedy for any party aggrieved by the issuance or denial of any
comprehensive permit hereunder.
(viii) If project funding is provided through a non-governmental entity,
a public or quasi-public entity authorized by the department shall make
the determination of project eligibility. The designated entity that
issued the project eligibility determination shall administer the project
thereafter as specified in program guidelines issued by the department.
(ix) An applicant which has obtained a determination of project eligibility shall be presumed to be the entity that will develop the project. An applicant may not transfer a determination of project eligibility, comprehensive permit application, or final comprehensive permit to another development entity. In the event that the site interest held by the applicant at the time that the site eligibility letter is issued is transferred to another entity, prior to completion of the local review, such transfer shall be cause for dismissal, without prejudice, of the comprehensive permit application. In the event that a comprehensive permit has been issued, and the site interest held by the applicant at the time that the site eligibility letter is issued is transferred to another entity prior to construction, then the comprehensive permit shall be considered void.
(3) A showing that the applicant, or any entity 50 percent or more of
which is owned by the applicant, owns a 50 percent or greater interest, legal or
equitable, in the proposed site, or holds any option or contract to purchase the
proposed site, shall be considered by the board or the housing appeals committee
to be conclusive evidence of the applicant's interest in the site.
(4) No determination of project eligibility shall be issued for a project
sooner than 45 days after the filing of its application with the subsidizing agency
for preliminary approval of the project. A determination of project eligibility
shall be for a particular financing program or programs. An applicant may
proceed under alternative financing programs if the application to the board or
appeal to the committee so indicates and if full information concerning the project
under the alternative financing arrangements is provided.
(5) Failure of the applicant to fulfill any of the requirements in this section may
be raised by the housing appeals committee, the board, or a party at any time, and shall be
cause for dismissal of the application or appeal. No application or appeal shall be
dismissed, however, unless the applicant has had at least 60 days to remedy the failure.
(b) Local Action Prerequisite to Appeal.
In order to appeal to the committee, an applicant shall have applied to the board for a
comprehensive permit in accordance with section 21 of this chapter and shall have been
denied such permit or shall have been granted such permit with conditions which it
alleges make the building or operation of such housing uneconomic.
(c) Local progress toward affordable housing threshold.
(1) Affordable housing thresholds. A city or town may record progress towards
its affordable housing threshold as documented in the subsidized housing inventory in the
following manner:
i. Rental Housing Units: (a) If at least 25 percent of housing units within a
development are restricted to serve low or moderate-income households, 100 percent of
housing units within the development shall be eligible to be included toward the city or
town’s affordable housing threshold. If fewer than 25 percent of housing units within a
development are restricted to serve low or moderate-income households, only those units
which serve low or moderate-income households shall be eligible to be included toward
the city or town’s affordable housing threshold or (b) if at least 20 percent of housing
units within a development are restricted to serve households with household income at
or below 50 percent of area median income, 100 percent of housing units within the
development shall be eligible to be included toward the city or town’s affordable housing
threshold. If fewer than 25 percent of housing units within a development are restricted to
serve low or moderate-income households, only such restricted units shall be eligible to
be included toward the city or town’s affordable housing threshold;
ii. Homeownership Units: (a) if at least 25 percent of housing units within a
development are restricted to serve low or moderate-income households, 2 times the
actual number of such restricted units, not to exceed the total number of homeownership
units authorized by the permit shall be included toward the city or town’s affordable
housing threshold or (b) if at least 20 percent of housing units within a development serve
households earning at or below 50 percent of area median income, 2 times the actual
number of units serving such households, not to exceed the total number of
homeownership units authorized by the permit shall be included toward the city or town’s
affordable housing threshold. If fewer than 25 percent of housing units within a
development are restricted to serve low or moderate-income households, only such units
which are restricted to serve low or moderate-income households shall be eligible to be
included toward the city or town’s affordable housing threshold;
iii. Community Preservation Act Housing Units: any community housing, as
defined in chapter 44B which is restricted to occupancy by persons of low or moderate
income households, provided further, that such housing payment exclusive of utilities
shall not exceed 30 percent of monthly income of a household at or below 80 percent of
area median income, adjusted for household size, shall be eligible to be included toward
the city or town’s affordable housing threshold;
iv. Accessory Apartment Units: any accessory apartment which is approved
pursuant to a city or town’s ordinance or bylaw and is occupied by persons of low or
moderate income, provided further that such rental payment exclusive of utilities shall
not exceed 30 percent of monthly income of a household earning at or below 80 percent
of area median income, adjusted for household size, shall be eligible to be included
toward the city or town’s affordable housing threshold. Each such accessory apartment
unit shall be subject to a use restriction, which may be revocable upon the sale of the
principal residence. Each city or town shall certify annually the number of such
accessory apartments within its borders;
v. Group Home Units: all group home units in each city or town as reported
annually by the department of mental health and the department of mental retardation to
the department shall be eligible to be included toward the city or town’s affordable
housing threshold;
vi. Local Housing Units: housing units created under a local program or subsidy
or which qualify as local initiative units pursuant to regulations promulgated by the
department and restricted to serve low or moderate income households as defined in this
chapter shall be eligible to be included toward the city or town’s affordable housing
threshold as documented on the subsidized housing inventory; and
vii. Urban Center Housing Tax Increment Financing Units: low or moderate
income housing created pursuant to section 60 of chapter 40 provided further, that such
housing payment exclusive of utilities shall not exceed 30 percent of monthly household
income of a household earning at or below 80 percent of area median income shall be
eligible to be included toward the city or town’s affordable housing threshold.
viii. Expiring Use Units: In instances where housing units were developed to
serve low or moderate income households and the use restriction has expired as a result
of refinancing or operation of law or otherwise, the department shall have the discretion
to count such units pursuant to guidelines promulgated by the department toward a city or
town’s affordable housing threshold as recorded in the subsidized housing inventory;
(ix) 50% of the homes in a manufactured housing community, as defined by section 32f of chapter 140, shall be eligible to be included toward the city or town’s affordable housing threshold as documented on the subsidized housing inventory.
(d) Subsidized Housing Inventory.
The department shall maintain an inventory of low or moderate income housing
units. Such inventory shall be published biennially, provided further that such inventory
shall be updated for a specific city or town upon request by such city or town. Housing
units authorized by a comprehensive permit or special permit shall be eligible to be
included toward a city or town’s affordable housing threshold as recorded on the
subsidized housing inventory when the comprehensive permit or special permit becomes
final, provided that housing units for which building permits have not been issued within
1 year of the date when the comprehensive permit or special permit became final shall no
longer be eligible to be counted toward the city or town’s affordable housing threshold
until the building permits have been issued. The department may for good cause waive
such time requirement. Low or moderate income housing units not authorized pursuant
to a comprehensive permit or special permit shall be eligible to be counted toward the
city or town’s affordable housing threshold when a building or occupancy permit is
issued.

SECTION . Said chapter is hereby further amended by inserting after section 20, the
following section:-
Section 20C. A city or town, pursuant to sections 20 through 23 of chapter 40B, with a
pending comprehensive permit for an application of development of housing, that shares
a contiguous border to an adjacent city or town may propose to enter into an agreement
with such city or town to share infrastructure and service costs associated with such
development. Pursuant to such agreement, if such infrastructure and service costs are
shared by a city or town, both cities and towns may share in counting such units towards
their affordable housing threshold pursuant to sections 20 through 23 of chapter 40B
provided further that no such unit shall be counted more than once. Any such proposed
agreement shall be subject to approval by the department of housing and community
development, which shall set forth guidelines for such agreements. Provided further such
cities and towns may provide for a joint application to each city or town for a
comprehensive permit application and provide for a joint hearing process for
consideration of such joint application by such local zoning boards.

SECTION . Said chapter is hereby further amended by inserting after section 20, the
following section:-
Section 20D. The Massachusetts Housing Partnership Fund board, as established by
section 35 of chapter 405 of the acts of 1985, or its designee, shall make technical
assistance available to local zoning boards of appeal to assist in their review of
applications for comprehensive permits. No subsidizing agency shall issue
a determination of project eligibility or site approval unless a fee to defray the costs of
such technical assistance program has been collected from the applicant and remitted to
the Massachusetts Housing Partnership Fund board in accordance with a fee schedule
adopted by the department.

SECTION . Said chapter is hereby further amended by inserting after section 20, the
following section:-
Section 20E. The department shall promulgate regulations and establish programs,
policies, guidelines and necessary fee schedules to implement sections 20 to 23,
inclusive, of this chapter. The department shall make available planning and housing
development information and technical assistance to assist cities and towns in reaching
their affordable housing threshold as defined in this chapter.

SECTION . Section 23 of said chapter 40B, as so appearing, is hereby amended by
inserting after the first sentence the following sentence:-
The committee shall receive evidence of and shall consider the following matters: (1) a
city or town’s master plan, comprehensive plan or community development plan, and (2)
the results of the city or town’s efforts to implement such plans.

SECTION . The department of housing and community development in consultation
with the commonwealth development coordinating council shall create a pilot program
under which 3 housing regions may be established to address regional housing needs of
cities and towns within a region. Such cities or towns in a region may agree to meet
affordable housing thresholds established under sections 20 through 23 of chapter 40B in
one region. The department and the commonwealth development coordinating council
shall establish criteria for such housing region to include but not be limited to the
following:
1. only contiguous communities that have not exceeded 10 percent toward their
affordable housing thresholds on the subsidized housing inventory maintained by
the department pursuant to sections 20 through 23 of chapter 40B shall be eligible
to participate in such region;
2. contiguous communities shall enter into an inter-municipal agreement and
develop a joint housing plan for the region consistent with development goals
established by the department. Such plan shall:
a. address how the communities will share the infrastructure or service costs
and benefits of low- and moderate-income housing development, and how
credit for such affordable housing development will be reflected on the
subsidized housing inventory for each city or town within the region.
b. address how contiguous cities or towns will achieve their housing goals.
The total housing goals in the region shall be at a minimum, the sum of the
goals established by section 20 of chapter 40B of each city or town
participating in the plan.
The authority granted by this section shall cease on June 30, 2006, and the
department shall report the results of said pilot program to the clerks of the house of
representatives and the senate and the joint committee on housing and urban
development.

SECTION . Notwithstanding any general or special law to the contrary, no application
for a comprehensive permit filed before the effective date of this act shall be denied as a
result of changes to the General Laws pursuant to this act.

SECTION . This act shall take effect on June 30, 2004.Amendment Text

CLERK NUMBER: 153

Representative Koczera Of New Bedford move that the bill be amended by adding at the end thereof the following section(s):

The Public Employee Retirement Administration Commission in consultation with the state and state teacher’s retirement boards, is hereby authorized and directed to analyze, study, and evaluate the costs and actuarial liabilities attributable to increasing the base to which cost of living adjustments are applied under Section 102 of Chapter 32 of the General Laws. The study shall include the cost and actuarial liability associated in increasing the base from 12,000 to 22,000 incrementally by the thousand. In order to effectuate the funding for the change in the base, the commission shall prepare supplemental pension funding schedules which shall be designed to reduce the actuarial unfunded liability, attributable to the increased COLA base, to zero on or before June 30, two thousand and twenty-eight and shall provide two alternative schedules providing the option of reducing said unfunded liabilities to zero by June 30, two thousand and thirty-four and June 30, two-thousand thirty-eight, respectively; provided that in preparing such schedules, the commission shall consider the actuarial value and the market value of the system’s assets and liabilities, the long term investment rate of return on the systems assets and the system’s unfunded actuarial liability. The commission shall file said study together with its recommendations and proposed funding schedule to the House and Senate Committees on Ways and Means, along with the Joint Committee on Public Service on or before December 31, 2005. In addition, the commission shall provide assistance in developing funding schedules for the purpose of increasing the COLA base to city, town, county, regional, district and authority retirement systems at the request of the appropriate retirement board.

CLERK NUMBER: 154

Representative Robert Koczera Of New Bedford move that the bill be amended by adding at the end thereof the following section(s):

Section ___Section 9O of Chapter 23 of the General Laws is amended by adding a new sentence to the end of subparagraph (c), "Effective January 1, 2004 any appointment of any member of the Labor Relations Commission will be by and with the advice and consent of the executive council."

Section___Section 4I of Chapter 7 of the General Laws is amended by adding a new sentence after the second sentence, "effective January 1, 2004 any and all appointments and reappointments to the Civil Service Commission shall be made by the governor by and with the advice and conset of the executive council."

CLERK NUMBER: 155

Mrs. Parente Of Milford move that the bill be amended in section 2, in item 4800-0038, in line 10, by inserting after “adoptive families and” the following:

"including not less than $99,999 for"

CLERK NUMBER: 156

Mr. Petruccelli Of Boston move that the bill be amended in section 2, in item 4512-0200, by adding at the end thereof the following:

“Not less than $99,000 shall be expended for Self Esteem Boston's prevention programs”.

CLERK NUMBER: 157

Representatives Petruccelli of Boston, Walsh of Boston and Costello of Newburyport move that the bill be amended by striking outside section 85 in entirety.

CLERK NUMBER: 158

Ms. Blumer of Framingham and Ms. Spilka of Ashland move that the bill be amended in section 2, in item 4512-0200, in line 6, by inserting after “costs” the following:

"; provided further that not less than $45,000 shall be expended in grants for the Framingham Coalition for Prevention of Drug and Alcohol abuse "

CLERK NUMBER: 159

Mr. Festa Of Melrose moves that the bill be amended in section 2, in item 4800-1400, in line 12, by inserting after “statewide domestic violence hotline” the following:

provided further, that not less than $10,000 shall be expended for the Melrose Alliance Against Violence.

CLERK NUMBER: 160

Ms Blumer Of Framingham And Ms. Spilka Of Ashland move that the bill be amended in section 2, in item 4800-0038, in line 29, by inserting after “program” the following:

"; provided further that not less than $94, 123 shall be expended for the Teen Parenting program at Framingham High School."

CLERK NUMBER: 161

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended in section 2 by striking out item 0610-0140 in its entirety.
CLERK NUMBER: 162

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following five sections:-
“SECTION __. Paragraph (1) of section 54 of said chapter 7, as so appearing, is hereby amended by striking the following:- , and shall be transmitted to the state auditor for review pursuant to section 55.
SECTION __. Paragraph (2) of said section 54 of said chapter 7, as so appearing, is hereby repealed.
SECTION __. Paragraph (4) of said section 54 of said chapter 7, as so appearing, is hereby amended by striking the first two sentences and inserting in place thereof the following sentences:- The agency shall prepare a comprehensive written estimate of the actual costs of regular agency employees providing the subject services. The estimate shall include all direct and indirect costs of regular agency employees providing the subject services, including but not limited to, pension, insurance and the costs of other employee benefits, capital costs, and overhead.
SECTION __. Paragraph (6) of said section 54 of said chapter 7, as so appearing, is hereby amended by striking the last sentence.
SECTION __. Said chapter 7, as so appearing, is hereby further amended by striking section 55 and inserting in place thereof the following section:-
Section 55. An agency shall not make any privatization contract and no such contract shall be valid if, within 30 days after receiving the certificate required by section 54, the state auditor notifies the agency of his objection. Such objection shall be in writing and shall state specifically the state auditor's finding that the agency has failed to substantially comply with the process of said section 54 or that the agency's findings are clearly erroneous.”.
CLERK NUMBER: 163

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro, Mr. deMacedo of Plymouth and Mr. Hillman of Sturbridge move that the bill be amended by striking out section 55 and inserting in place thereof the following section:

“SECTION 55. Chapter 218 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out section 35A and inserting in place thereof the following new section:—
If a complaint is received by a district court, or by a justice, associate justice or special justice thereof, or by a clerk, assistant clerk, temporary clerk or temporary assistant clerk thereof under section 32, 33, or 35, as the case may be, the person against whom such complaint is made, if not under arrest for the offense for which the complaint is made, shall, in the case of a complaint for a misdemeanor or a complaint for a felony received from a law enforcement officer who so requests, and may, in the discretion of any said officers in the case of a complaint for a felony which is not received from a law enforcement officer, be given an opportunity to be heard personally or by counsel in opposition to the issuance of any process based on such complaint unless there is an imminent threat of bodily injury, of the commission of a crime, or of flight from the commonwealth by the person against whom such complaint is made. The court or said officers referred to above shall consider the named defendant’s criminal record and the records contained within the statewide domestic violence record keeping system maintained by the office of the commissioner of probation in determining whether an imminent threat of bodily injury exists. Unless a citation as defined in section 1 of chapter 90C has been issued, notice shall also be given of the manner in which he may be heard in opposition as provided herein.
The court, or said officer thereof, may upon consideration of the evidence, obtained by hearing or otherwise, cause process to be issued unless there is no probable cause to believe that the person who is the object of the complaint has committed the offense charged.
The term district court as used in this section shall include the Boston municipal court department and the juvenile court department.”
CLERK NUMBER: 164

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended in section 24, in line 5, by inserting after the word “attorney,” the following words:— “assign a lawyer who is a state employee in another department, agency, board or commission to”.
CLERK NUMBER: 165

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by striking out section 100 in its entirety.
CLERK NUMBER: 166

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended in section 2, in item 0610-0140, by inserting, after the words “fiscal year 2004”, the following: — “; and provided further, that no fees authorized in this item may be collected from any financial institutions doing business with the commonwealth, including, but not limited to financial institutions holding, administering or investing any state assets”.
CLERK NUMBER: 167

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following 15 sections:-
“SECTION . Section 52 of chapter 7 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first sentence in its entirety.
SECTION . Said chapter 7 is hereby amended by adding the following section:-
Section 52 ½. (a) There shall be a state outsourcing board of review, consisting of nine members, two of whom shall be appointed by the governor, one of whom shall preside as chairman; one of whom shall be appointed by the state auditor; one of whom shall be appointed by the inspector general; one of whom shall be appointed by the speaker of the house of representatives; one of whom shall be appointed by the minority leader of the house of representatives; one of whom shall be appointed by the president of the senate; one of whom shall be appointed by the minority leader of the senate; and one of whom shall come from the agency petitioning the board. No member shall be actively engaged or have a direct or indirect pecuniary interest in any privatization contract before the board.
(b) The members of the board shall be appointed for terms not to exceed four years, and a member may not serve more than two consecutive terms. Any vacancies shall be filled by the original appointing authority within 45 days of the occurrence of the vacancy. Any board member may be removed by the governor for cause, and shall be removed immediately upon conviction of any felony.
(c) The board shall establish and maintain its general place of business in Boston. The board may hold meetings at any place within the state when the interests of the public may be better served. A public record of every vote shall be maintained at the office of the state auditor. The board may maintain any other files and records as it deems appropriate.
(d) The board shall have the general responsibility for the implementation of section 55 of this chapter, including the right to hear and decide promptly and in reasonable order all privatization contract proposals.
(e) The board shall make an annual report of its activities to the general court.
SECTION . Section 53 of said chapter 7 is hereby amended by adding the following definition:- “Board”, the state outsourcing board of review established by section 52 ½ of this chapter.
SECTION . Section 54 of said chapter 7 is hereby amended by striking out subsection (2) in its entirety.
SECTION . Section 54 of said chapter 7 is hereby amended by striking out subsections 4 and 5 in their entirety.
SECTION . Subsection (6) of section 54 of said chapter 7 is hereby amended by striking out the following 2 sentences:- The agency shall prepare a comprehensive written analysis of the contract cost based upon the designated bid, specifically including the costs of transition from public to private operation, of additional unemployment and retirement benefits, if any, and of monitoring and otherwise administering contract performance. If the designated bidder proposes to perform any or all of the contract outside the boundaries of the commonwealth, said contract cost shall be increased by the amount of income tax revenue, if any, which will be lost to the commonwealth by the corresponding elimination of agency employees, as determined by the department of revenue to the extent that it is able to do so.
SECTION . Subsection (7) of section 54 of said chapter 7 is hereby amended by striking out the words “state auditor” wherever they appear and inserting in place thereof the following:- the board.
SECTION . Subdivision (ii) of subsection (7) of section 54 of said chapter 7 is hereby amended by striking out, in lines 107 through 109, the following:- , and to equal or exceed the quality of services which could be provided by regular agency employees pursuant to paragraph (4).
SECTION . Subsection (7) of section 54 of said chapter 7 is hereby amended by striking out subdivision (iii).
SECTION . Section 55 of said chapter 7 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:- (a) The board shall meet to consider the privatization contract no later than 30 days after receiving the certificate provided by the agency as required by section 54 of this chapter. A majority of members present shall be considered a quorum. The board shall approve the privatization contract by a majority vote in the affirmative or reject the privatization contract by a majority vote in the negative. A majority vote in the affirmative by the board shall be considered immediate authorization for the agency to enter into the proposed privatization contract.
SECTION . Section 55 of said chapter 7 is hereby amended by adding the following subsection:- (a ½) An agency shall not make any privatization contract and no such contract shall be valid if, within 30 business days after receiving the certificate required by section 54, the board notifies the agency of its objection. Such objection shall be in writing and shall state specifically the board's finding that the agency has failed to comply with one or more requirements of said section 54, including that the board finds incorrect, based on independent review of all the relevant facts, any of the findings required by paragraph (7) of said section 54. The board may extend the time for such objection for an additional period of 30 business days beyond the original 30 business days by written notice to the submitting agency stating the reason for such extension.
SECTION . Subsection (b) of section 55 of said chapter 7 is hereby amended by striking out the words “state auditor or his designee” and inserting in place thereof the following:- the board.
SECTION . Subsection (c) of section 55 of said chapter 7 is hereby amended by striking out the words “state auditor” and inserting in place thereof the following:- the board.
SECTION . Subsection (d) of section 55 of said chapter 7 is hereby amended by striking out the words “state auditor” wherever they appear and inserting in place thereof the following:- the board.
SECTION . Section 274 of chapter 10 of the acts of 1993, as amended by section 113 of chapter 151 of the acts of 1993 and section 3 of chapter 296 of the acts of 1993, is hereby amended by striking out the following paragraph:- The division shall adopt regulations limiting the reimbursement to providers for the salaries of their officers or managers to the salary level in step seven of job group M-XII in the management salary schedule in section forty-six C of chapter thirty of the General Laws.”.
CLERK NUMBER: 168

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended in section 87, by striking out the last sentence and inserting in place thereof the following: — “The parking spaces that become available as a result of said auction shall be auctioned to the highest bidder not later than September 1, 2005. The proceeds of the parking space auction shall be deposited into the stabilization fund not later than September 30, 2005.”
CLERK NUMBER: 169

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended in section 101, by striking out the word “Goodrich” and inserting in place thereof the following word: — “Goodridge”.
CLERK NUMBER: 170

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section: —

“SECTION ___. Notwithstanding any general or special law to the contrary, the state auditor shall have the authority to audit and investigate the expenditure of funds appropriated in items 9500-0000, 9600-0000, and 9700-0000. The state auditor shall, at least biennially, file a report detailing his findings to the inspector general, the clerks of the house and senate, the house and senate committees on ways and means, and the house and senate committees on post audit and oversight, the governor and the chief justice of the supreme judicial court.”
CLERK NUMBER: 171

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section: —

“SECTION ___. Notwithstanding any general or special law to the contrary, the inspector general shall have the authority to audit and investigate the expenditure of funds appropriated in items 9500-0000, 9600-0000, and 9700-0000. The inspector general shall, at least biennially, file a report detailing his findings to the state auditor, the clerks of the house and senate, the house and senate committees on ways and means, and the house and senate committees on post audit and oversight, the governor and the chief justice of the supreme judicial court.”
CLERK NUMBER: 172

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section: —

“SECTION ___. Section 63 of chapter 141 of the acts of 2003 is hereby amended by striking out the date “September 1, 2004” and inserting in place thereof the following date:- November 15, 2004.”
CLERK NUMBER: 173
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended in item 7007-0950, in lines 8 and 9, by striking out the following:- “; provided further, that not less than $300,000 shall be expended for a grant for the From the Top Inc.”.
CLERK NUMBER: 174
Mr. Jones of North Reading, and Mr. Falzone of Saugus move that the bill be amended by adding the following section: —

“SECTION ___. Notwithstanding the provisions of section 39 of chapter 207 of the General Laws regulating the number of justices of the peace that may be designated, the governor may designate an additional justice of the peace in the town of Lynnfield to solemnize marriages under the provisions of said section 39.”
CLERK NUMBER: 175

Ms. Gomes of Harwich moves that the bill be amended in section 2, in line item 4512-0103, by striking out the figures “$30,353,174” and inserting in place thereof the figures “$32,056,975”; and in line item 0640-0010 by striking out the figures “$10,000,000” and inserting in place thereof the figures “$8,296,199”.

CLERK NUMBER: 176

Mrs. Parente Of Milford move that the bill be amended in section 2 by inserting after item 7061-9619 the following item:
“7061-9621. For the administration of a grant program for gifted and talented school children; provided, that the funds appropriated in this item shall be in addition to any federal funds available for such program; provided further, that priority shall be given to those grant applications that address the needs of students who are identified by any of the following criteria: (1) the result of a standardized aptitude examination which is 3 or more standard deviations above the mean; (2) an evaluation by the child's teachers that the child does perform, or is capable of performing, satisfactorily at 2 or more grade levels above the child's chronological age; or, (3) a score on the math or verbal Scholastic Aptitude Test by a child of no more than 13 years of age which is equal to, or greater than, the average on either test obtained by college-bound high school juniors; and provided further, that such programs may be made available by a city, town, or regional school district…………………………..$99,999”.

CLERK NUMBER: 177

Mr. Lepper of Attleboro and Ms. Poirier of North Attleborough move that the bill be amended in section 2, in item 7503-0100 by inserting after the word “college” the following: “; provided that not less than $400,000 shall be expended for the purpose of handicapped accessibility modifications;” and in said item by striking out the figures “$12,301,358” and inserting in place thereof the figures “$12,701,358”; and in item 0640-0000, by striking out the figures “$67,022,388” and inserting in place thereof the figures “$66,822,388”; and in item 7007-0900, by striking out the figures “$9,000,000” and inserting in place thereof the figures “$8,800,000”.

CLERK NUMBER: 178

Mr. Honan Of Boston move that the bill be amended in section 2, in item 4000-0112, by adding at the end thereof the following:

“provided further, that not more than $50,000 be earmarked for the West End Boys & Girls Club in the Allston-Brighton section of the City of Boston for the purpose of providing improved services for the children of the community”.

CLERK NUMBER: 179

Mssrs. Honan And Golden Of Boston move that the bill be amended in section 2, in item 7003-0701, by adding at the end thereof the following:

“provided further, that not more than $50,000 be earmarked for the Allston-Brighton Vocational Adjustment Center (VAC) for the continued operation of a job training and placement center”.

CLERK NUMBER: 180

Mssrs. Honan And Golden Of Boston move that the bill be amended in section 2, in item 7004-0099, in line 33, by inserting after “Communtiy Development Corporation” the following:

provided further, not more than $10,000 be earmarked for the Allston-Brighton Community Development Corporation for a grant program to enhance housing quality standards

CLERK NUMBER: 181

Mr. Honan Of Boston move that the bill be amended in section 2, in item 6005-0015, by adding at the end thereof the following:

“provided further, that not more than $50,000 be earmarked to study the flow of traffic along Commonwealth Avenue in Allston-Brighton to determine the impact of regional traffic accessing downtown Boston”.

CLERK NUMBER: 182

Mr. Honan of Boston move that the bill be amended in section 2, in item 7004-0099, in line 33, by inserting after “Communtiy Development Corporation” the following:

provided further, not more than $10,000 be earmarked for the Allston-Brighton Community Development Corporation for a grant program to enhance housing quality standards

CLERK NUMBER: 183

Mr. Lepper of Attleboro and Ms. Poirier of North Attleborough move that the bill be amended in section 2, in item 7503-0100 by inserting after the word “college” the following: “; provided that not less than $400,000 shall be expended for the purpose of handicapped accessibility modifications;” and in said item by striking out the figures “$12,301,358” and inserting in place thereof the figures “$12,701,358”; and in item 0640-0000, by striking out the figures “$67,022,388” and inserting in place thereof the figures “$66,622,388”.

CLERK NUMBER: 184

Mr. Lepper of Attleboro and Ms. Poirier of North Attleborough move that the bill be amended in section 2, in item 7503-0100 by inserting after the word “college” the following: “; provided that not less than $400,000 shall be expended for the purpose of handicapped accessibility modifications;” and in said item by striking out the figures “$12,301,358” and inserting in place thereof the figures “$12,701,358”; and in item 7007-0900, by striking out the figures “$9,000,000” and inserting in place thereof the figures “$8,600,000”.

CLERK NUMBER: 185

Mr. Lepper of Attleboro and Ms. Poirier of North Attleborough move that the bill be amended in section 2, in item 7503-0100 by inserting after the word “college” the following: “; provided that not less than $400,000 shall be expended for the purpose of handicapped accessibility modifications;” and in said item by striking out the figures “$12,301,358” and inserting in place thereof the figures “$12,701,358”; and in item 7053-1927, by striking out the figures “$2,011,060” and inserting in place thereof the figures “$1,611,060”.

CLERK NUMBER: 186
Mr. Pedone of Worcester moves that the bill be amended in section 2 in line item 5095-0015 in line 13 by inserting after “that the department” the following:
“,in consultation with the Administration and Finance and DCAM,”

CLERK NUMBER: 187
Mr. Vallee of Franklin, Mr. Toomey of Cambridge, and Mr. Walsh of Boston move that the bill be amended in section 2 by inserting after item 8100-0101 the following item, “8100-5555 For expansion of the state police forensics lab, including the DNA lab, $1,930,000” and in item 1201-0100 by striking out the figures “$107,470,805” and inserting in place thereof the figures “$105,540,805.”
CLERK NUMBER: 188
Mr. Pignatelli of Lenox moves that the bill be amended by adding at the end thereof the following section:

“SECTION ___- Notwithstanding chapter 64G of the General Laws or any general or special law or to the contrary, the Town of Lenox shall not be responsible for any funds in connection with the settlement in the matter of Canyon Ranch Bellefontaine Associations, L.P. v. Commissioner of Revenue, ATB Docket Nos. F252702 & 260821 Canyon Ranch Management LLC as Agent for Vintage Resorts, LLC – Abatement Claims.”
CLERK NUMBER: 189

Mr. Rodrigues of Westport, Mr. Dempsey of Haverhill, and Mr. Pedone of Worcester move that the bill be amended in section 2, in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$106,977,390”; and in item 2030-1000, by striking out the figures “$9,208,588” and inserting in place thereof the figures “$9,708,003”.

CLERK NUMBER: 190

Mr. Rodrigues Of Westport move that the bill be amended in section 2, in item 2320-0100, by striking out the figures “$300,092” and inserting in place thereof the figures “$395,092”.

CLERK NUMBER: 191

Mr. Rodrigues Of Westport move that the bill be amended in section 2, in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$107,021,247”; and in item 1599-3857, by striking out the figures “$550,442” and inserting in place thereof the figures “$1,100,000”.

CLERK NUMBER: 192

Mr. Rodrigues Of Westport, Mr. Larkin Of Pittsfield And Mr. Walsh Of Dorchester move that the bill be amended in section 2, in item 7003-0702, by striking out the figures “$4,000,000” and inserting in place thereof the figures “$4,330,000” and in said item by adding at the end thereof the following: “; provided further, that not less than $195,000 shall be expended for 3 full-time equivalent rapid response labor specialists at the Massachusetts AFL-CIO; provided further, that not less than $135,000 shall be expended for incumbent worker coordinators at the Massachusetts AFL-CIO”; and in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$107,140,805”.

CLERK NUMBER: 193

Mr. Rodrigues Of Westport move that the bill be amended in section 2, in item 7007-0900, by striking out the figures “$9,000,000” and inserting in place thereof the figures “$9,165,000” and in said item by adding at the end thereof the following: “; provided further, that not less than $165,000 shall be expended for the International Trade Assistance Center in Fall River”; and in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$107,305,805”.

CLERK NUMBER: 194

Mr. Rodrigues Of Westport, Mr. Jones Of North Reading and Mr. Peterson Of Grafton move that the bill be amended by adding at the end thereof the following section(s):

SECTION .
Chapter 94, section 184B, as so appearing, is hereby amended by inserting at the end thereof the following definition:
“Retail Store”, a store selling any item at retail including any businesses selling non-food items under other applicable Massachusetts law and regulations. A store which is not open to the general public but is reserved for use by its members shall come within the provisions of this definition unless the members must pay a direct fee to the store to qualify for membership and the store is not required to collect sales tax on transactions with members. Pursuant to this section a retail store shall not include any store which engages primarily in the sale of food for consumption on the premises or in a specialty trade.
Chapter 94, section 184C, as so appearing, is hereby amended by inserting the following words “, retail store” after the word “store” in line 2.
Chapter 94, section 184C, as so appearing, is hereby amended by striking subsection (10) in its entirety and replacing it with the following:
(10) Items that are located in end-aisle or other freestanding displays provided, however, that if offered for sale by a seller with an automatic checkout system they are coded, or if offered by a seller without such system they are on an easily referenced price list at each cash register, and provided, further, that such items are fully and accurately price marked at their regular shelf location, and the seller maintains a list of such items as required by section one hundred and eighty-four D.
Chapter 94, section 184C, as so appearing, is hereby amended by inserting at the end thereof the following sections:
(11) Unpackaged items sold by length or area, such as chain, rope, flooring, lumber or fabric on a bolt, with a clear and conspicuous "price per" marked on the bolt or at the point of display.
(12) Unpackaged items sold by weight or volume from a bulk container or source, such as stone or soil, with a clear and conspicuous "price per" marked on the container or at the point of display.
(13) Items that must be retrieved for the consumer by store staff, such as large electronics or appliances, where the display or representative items or items displayed in a locked case or out of reach of consumers.
(14) Packaged self-service items that are small in size and are offered for sale within five feet of the cash register, with a clear and conspicuous "price per" marked on the container or at the point of display.
(15) Unpackaged items which have a weight of not more than 3 ounces, and/or a price of not more than 75 cents, with a clear and conspicuous "price per" marked on the container or at the point of display.
(16) Live animals and items sold in a coin operated vending machine, with a clear and conspicuous "price per" marked on the container or at the point of display.
(17) Items offered temporarily at an advertised reduced price.
(18) An additional 5% of items offered for sale, provided that a clear and conspicuous separate sign or a single sign in the case of similar items all priced the same, with the price no smaller than three eighths of an inch high, is placed at the point of display of each exempted sale item, identifying the item by its brand name and model number, if applicable, and SKU or UPC number; and further provided that the store maintains a current and accurate price list of all items exempted under this provision. The seller may maintain such a list in any reasonable manner, provided that information contained on the list can be referenced easily by the person requesting it. The seller shall make the list available at the service desk for public inspection. An SKU number may substitute for the UPC number if the SKU is marked on the item.
Chapter 94, section 184D, as so appearing, is hereby amended by inserting the following words “or retail stores” after the phrase “food stores or food departments” in lines 2, 43, and 49 in each instance.
Chapter 94, section 184D, as so appearing, is hereby amended by inserting the words “or retail store” after the phrase “food store and food department” in line 26.
Chapter 94, section 184E, as so appearing, is hereby amended by inserting the words “or retail store” after the phrase “food store and food department” in lines 3, 5, 23, 28, 33 and 51 in each instance.
Chapter 94, section 184E, as so appearing, is hereby amended by inserting the words “or retail stores” after the phrase “food stores and food departments” in line 49.
Chapter 94, section 184E, as so appearing, is hereby amended by inserting the words “, retail stores” after the words “food stores” in line 60.
Chapter 94, section 184E, as so appearing, is hereby amended by striking the second sentence of the first paragraph and replacing it with the following sentence:
“Notwithstanding the provision of any law or regulation to the contrary, violations of section 184C shall be punished for the first offense by a fine of $200, for the second offense by a fine of $500, and for a subsequent offense, by a fine of $1,000.”
Chapter 94, section 184E, as so appearing, is hereby amended by striking the third sentence of the first paragraph and replacing it with the following sentence:
“Notwithstanding the method for determining the amount of civil fines pursuant to section 29A of said chapter 98 and notwithstanding the provision of any law or regulation to the contrary, a civil citation may be issued for not less than $100 and not more than $200 for each violation, up to a maximum of $5,000 per inspection.”
Chapter 94, as so appearing, is hereby amended by inserting at the end thereof the following sections:
Section 329A.
(a) "Deputy Director" shall mean the Deputy Director of the division of standards.
(b) "Person" shall mean an individual, firm, partnership, association or corporation.
(c) "Division" shall mean the division of standards.
(d) "Computer-assisted check out system" shall mean any electronic device, computer system or machine which determines the selling price of any item interpreting its universal product code, any other code, or by any other use of a price look-up function.
(e) "Inspector" shall mean the Deputy Director or authorized agent to enforce the provisions of this chapter.
(f) "Item price" shall mean the lowest indicated price on a shelf tag, sign or advertisement.
(g) "Price look-up function" shall mean the capability of any checkout system to determine the retail price of an item electronically or by way of the manual entry into the system of a code number assigned to that particular unit by the retail store or by way of the checkout operator's consultation of a file maintained at the point of sale.
(h) "Retail store" shall mean a store selling any item at retail including food and non-food items. A store which is not open to the general public but is reserved for use by its members shall come within the provisions of this definition unless the members must pay a direct fee to the store to qualify for membership and the store is not required to collect sales tax on transactions with members. Pursuant to this section a retail store shall not include any store which engages primarily in the sale of food for consumption on the premises or in a specialty trade, which the Deputy Director determines, by regulation, would be inappropriate for item pricing.
(i) “Item" shall mean a specific and distinct product, good or commodity. One item is differentiated from another by having a different universal product code for items so coded, and for items not so coded, the item has any distinguishing characteristics compared to another item.

(j) "Electronic product coding" shall mean any system of coding which entails electronic pricing.

(k) “Self-service price check scanner” shall mean a device to be utilized by shoppers which reads the electronic or universal product code on a product, retrieves the correct price from the seller’s automatic checkout system or computer, displays the correct price on a readout panel, and has either a grease pencil attached to the device for shoppers to use in marking the price on an item or an alternative method by which a shopper may record the price of an item. Such alternative method shall be subject to the approval of the Deputy Director.

(l) “Self-service price check scanner with printing capabilities” shall mean a device to be utilized by shoppers which reads the electronic or universal product code on a product, retrieves the correct price from the seller’s automatic checkout system or computer, displays the correct price on a readout panel, and is capable of printing an adhesive price sticker with the correct price and product description.

Section 329B.
(a) No retail store shall charge a price for any item, which exceeds the lowest of any item, shelf, scanned, sale or advertised price of such item. In the event that the price charged exceeds the lowest price a store is permitted to charge for the item, the store will be subject to a penalty as described in this chapter and other applicable law at the discretion of the Deputy Director.

(b) In a store utilizing computerized laser scanning or other electronic assisted checkout system, the inspector shall be permitted to compare the item, shelf, sale, or advertised price of any item sold in the store with the programmed price.

(c) The Deputy Director shall establish a randomized store inspection procedure designed to eliminate any bias in selecting stores to be inspected for price auditing purposes. However, any retail store may be inspected at any time upon complaint or if the Deputy Director has sufficient cause to audit a particular store or stores to ensure pricing accuracy.

Section 329C.
(a) Every person, store, firm, partnership, corporation, or association which uses a computer-assisted checkout system and which would otherwise be required to item price as provided in sections 184B through 184E, inclusive, of chapter 94, or other applicable Massachusetts law or regulation promulgated hereunder, may make an application in writing to the Deputy Director for a waiver of said item pricing requirement. A separate application shall be required for each store. An annual registration fee must be submitted with the initial application and subsequent renewal. The Deputy Director shall approve or reject the application within sixty days from the date of receiving the application. If the application is rejected, the application fee shall be returned. Pursuant to the regulations promulgated under this chapter, the Division will require that each applicant complete a "no job loss" affidavit stating the number of people employed at the time of the application process. After the filing of the affidavit, if there is any resulting job loss at the store due to the implementation of the waiver, not attributed to seasonal employment or verifiable economic pressures, the store will be required to item price pursuant to sections 184B through 184E, inclusive, of chapter 94, or other applicable Massachusetts law or regulation promulgated hereunder, and be subject to a fine of not more than five thousand dollars.

(b) The registration fee is based upon the number of cash registers in each store as set according to the following schedule and exemption:

i. Waiver Fee Cash Register Schedule:
One to four cash registers $2,500
Five or more cash registers $5,000

ii. An applicant shall be exempt from submitting the annual waiver fee if shown at the time of each application to be a retail store with an annual sales revenue equal to or less than $5,000,000 of in-store sales, as verified by its most recent Massachusetts tax return. For a retail store with more than one location engaged in a unitary business, such sales volume shall be reported as the aggregate of all sales reported by all locations.
(c) Waiver applications and the required fee or acceptable proof of fee exemption must be received at the division by October 1, 2004, and annually thereafter. Stores that fail to comply with the required registration, do not renew an application, or fail to pay the annual renewal fee will be subject to the item pricing requirements and violations pursuant to sections 184B through 184E, inclusive, of chapter 94, or other applicable Massachusetts law.
(d) A waiver from item pricing shall be valid for a period of one year from the date of issuance. Stores must reapply annually for renewal of waiver at the rates and procedures established in section 329C(b).
(e) Systems approved by the Deputy Director must have means to provide an audit trail regarding item price changes that can be accessed by state enforcement agents upon request. All food and grocery item prices once entered into the store's electronic pricing system shall remain unchanged for a minimum of seventy-two hours, unless the price is to be reduced or is the result of a gross pricing error as defined in chapter 94, section 184B.
(f) Any registered retail store that fails to meet the stated price accuracy standard of 98 per cent, not including any under charges, based on the price accuracy inspection procedure adopted by the Division shall be re-inspected after thirty days of the failed inspection. If the store fails upon re- inspection to meet the price accuracy standard, the registration of such store may be suspended for a period of six months. During the suspension period, the store will be required to individually item price every item offered for sale pursuant to sections 184B through 184E, inclusive, of chapter 94, or other applicable Massachusetts law. After payment of fifty percent of the original application fee as provided for in section 329C(b), the store can request the Division in writing to be re-inspected. If the store after re-inspection meets the price accuracy standard, the registration may be re-instated.
(g) As a condition of the waiver from item pricing pursuant to this section, each retail store which accepts a waiver must agree to meet the following requirements:
i. The store shall designate and make available self-service price check scanners to enable consumers to confirm the price of an item. Stores that are arranged in an aisle format shall have one self-service price check scanner located on one end of every other aisle in those areas exempted under the waiver. Stores that are arranged in a format other than in aisles shall have one self-service price check scanner per five thousand square feet in those areas exempted under the waiver. Stores that are arranged in a combination of aisles and other formats shall have a number of self-service price check scanners that is within the discretion of the Deputy Director. All stores shall have at least two self-service price check scanners. At least one of the self-service price check scanners shall have printing capabilities. These self-service price check scanners shall be strategically located in locations convenient to consumers with signs of sufficient sized lettering identifying these units to consumers. Stores will submit their proposed sign and device locations in a schematic diagram to the Deputy Director for approval with the waiver application.
ii. The store shall place a clear and conspicuous separate sign, shelf tag or unit price tag for the item, or a single sign in the case of similar items all priced the same, with the price no smaller than three eighths of an inch high, at the point of display of each such item, disclosing the price or discount of such item and information sufficient to identify the item which may include the brand name, model number if applicable, or electronic product code.
iii. Each registrant shall verify the accuracy of all sale prices in the store’s electronic processing system prior to the start of any sale. Each registrant shall either assign an employee to check all sale prices in the store's electronic pricing system prior to the start of any sale and maintain a sale price log including the following: name of the store employee, date the employee performed the pre-sale price accuracy audit, and the signature of the employee; or establish a reasonable process to verify the accuracy of all sale prices prior to the start of any sale subject to guidelines established by the Deputy Director. Failure to establish such a process or make that process available upon request by any authorized agent of the Deputy Director may be cause for registration suspension.
iv. The store shall not charge any customer a price for any item, which exceeds the item, shelf, sale or advertised price.
v. The store shall make prompt payment to consumers who have been overcharged and shall correct all pricing errors identified by consumers, guaranteeing the consumer the item free if it costs less than $10 or $10 off the item if the item costs more than $10. The price accuracy guarantee must be conspicuously posted at each cash register and at each self-service price check scanner.
vi. If an item rings up higher than the lowest advertised price, the store will be subject to a fine of no more than $200.
vii. If a store fails to post the required item price sign at the point of display, the store will be subject to a fine of not more than $100 per item. However, if the item, which was a result of the failure to post a required item price sign at the point of display, rings up at a price higher than the lowest price charged for that item during the previous thirty days, the fine will be increased to no more than $200.
viii. For items that cannot easily be carried to an electronic scanner because of their size or weight, the seller must provide a scannable card or other device at the point of display of the item, so that a consumer can take the card or device to the self-service price check scanner.
ix. Each registrant shall make available to customers written information explaining the item pricing waiver and use of self-service price check scanners. Stores shall submit their proposed written information to the Deputy Director for approval with the waiver application.
(h) In no event shall a single act or violation of sections 329A through D inclusive, or 184B through E inclusive or section 56D of Chapter 98 result in the imposition of multiple fines or penalties.
(i) The Deputy Director, in his discretion, may revoke a waiver from item pricing for cause including but not limited to any of the following reasons:
i. Failure to comply with any provisions of this chapter;
ii. Deliberate overcharging of any consumer; or
iii. Material misrepresentation in the application for a waiver.

Section 329D.
(a) The provisions of this chapter shall be enforced by the division. Upon representation of appropriate credentials, the division's inspectors and agents shall have the right to enter upon the premises of any retail store to make an inspection and to determine compliance with the provisions of this chapter.
(b) For the purpose of determining a store's compliance with the requirement to disclose the item price to the consumer, an inspection shall be conducted of a sample of no less than twenty-five items.
(c) No item shall be cited more than once in a forty-eight hour period for not disclosing the item price to the consumer.
(d) For any inspection under section 329B, the store representative shall afford the inspector access to the test mode of the checkout system in use at that store or to a comparable function of said system and to the retail price information contained in a price look-up function.
(e) The inspector shall have the authority to issue a stop sale order with respect to any item being used, handled, or offered for sale in violation of section 329B and for not disclosing the item price to the consumer. Any such order shall be in writing and direct that the item shall be removed for sale pending price correction.
(f) The division shall retain up to ten percent of all registration fees and fines collected not to exceed $2,000,000 annually. The retained revenue collected may be used by the division to support its enforcement activities and for grants to approved agents to assist the division in the enforcement of the provisions of this law. Any revenue generated on an annual basis over this amount shall revert to the General Fund.
(g) A hearing may be requested in writing on any fineable violation or registration suspension issued by the division. The division's designated hearing officer will conduct the hearing. The division's designated hearing officer shall make a written determination. Such determination may be appealed to the Deputy Director who, after due deliberation, shall issue an order accepting, modifying, or rejecting the hearing officer's determination. If the grounds for appeal are determined to be without reasonable basis, the fine shall be doubled.

CLERK NUMBER: 195

Representatives Linsky of Natick and Peisch of Wellesley move that the bill be amended in section 2, in item 0526-0100, in line 2, by inserting after “Essex National Heritage Commission archives” the following: “provided that not less than $50,000 be expended for historical preservation and structural repairs at the Bacon Free Library in Natick”; and in said item by striking out the figures “$792,856” and inserting in place thereof the figures “$842,856”.

CLERK NUMBER: 196
Mr. Rodrigues Of Westport, Mr. Larkin Of Pittsfield, Mr. Jones Of North Reading And Mr. Peterson Of Grafton move that the bill be amended by adding at the end thereof the following section(s):

SECTION ____.
Section 1 of chapter 30A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after paragraph (5) the following paragraph: - (5A) "Regulatory impact statement" a statement by the promulgating agency which shall, to a reasonable degree of completeness: (i) identify the statutory change, problem, issue or deficiency addressed by the proposed regulation; (ii) identify the methodology or approach, including identification of expert information and analysis, used to address the statutory change, problem, issue or deficiency; (iii) identify specifically who is affected and to what extent by the proposed regulation; (iv) identify when such regulation becomes effective, when such regulation will be changed, if known, and how and when the regulation will be reviewed in the future, if at all; (v) identify the fiscal effect on the public and private sectors for the first and second year of the regulation's existence, and provide a projection of fiscal impact over the first 5 years; and (vi) identify and describe specifically the benefits of the regulation. Any data, including written information or material, statistics, measurements, calculations or other information used as the basis for reasoning, recommendation or conclusions, including any such information provided to the agency by a consultant, vendor or other third party, shall be part of the record and available to the public upon request.

SECTION ____.
Section 2 of said chapter 30A, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph: - Every agency issuing rules and regulations shall maintain a notification list of persons and groups who are interested in the agency's rulemaking and who request preliminary notification of agency rulemaking, with such request renewed annually by persons or groups in December. No later than 30 days before the notice of hearing described above, the agency shall send a preliminary notification of agency rulemaking to each person or group who has requested preliminary notification of rulemaking and to the appropriate committee of the general court that has jurisdiction for the rule issuing agency, and to the ways and means committees of the house of representatives and the senate. The preliminary notification of rulemaking shall: (i) identify the rule to be noticed for hearing and the scope of the proposed rule; (ii) provide the statutory authority for such proposed rulemaking; and (iii) identify the person within the agency responsible for the rulemaking and who can be contacted for more information.

SECTION _____.
Section 3 of said chapter 30A, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph: - Every agency issuing rules and regulations shall maintain a notification list of persons and groups interested in the agency's rulemaking and who request preliminary notification of agency rulemaking, such request renewed annually by persons and groups in December. No later than 30 days prior to the notice described above the agency shall send a preliminary notification of agency rulemaking to each person or group who has requested preliminary notification of agency rulemaking and to the appropriate committee of the general court that has jurisdiction for the rule issuing agency and to the ways and means committees of the house of representatives and the senate. The preliminary notification shall: (i) identify the rule to be noticed and the scope of the proposed rule; (ii) provide the statutory authority for such proposed rulemaking; and (iii) identify the person within the agency responsible for the rulemaking and who can be contacted for further information.

SECTION _____.
The second paragraph of section 5 of said chapter 30A of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences: - No rule or regulation so filed with the state secretary, except those filed for the purpose of setting rates, issuing grants or providing loans, and except those filed by the department of telecommunications and energy or the division of insurance, shall become effective until a regulatory impact statement has been completed, made public during the hearing process described above and is filed with the state secretary. The secretary of economic development shall review all regulatory impact statements prior to their filing with the state secretary to ensure and certify that a proper methodology and approach was used by the agency submitting said impact statement and to certify that the impact statement as submitted complies with the definition of "regulatory impact statement" as set forth in section 1 of chapter 30A.

CLERK NUMBER: 197

Mr. Rodrigues Of Westport move that the bill be amended in section 2, in item 7007-0515, by striking out the figures “$550,000” and inserting in place thereof the figures “$2,550,000” and in said item by adding at the end thereof the following: “; provided further, that not less than $2,000,000 shall be made available for grants for partnerships of community-based organizations, community development corporations or community development financial institutions for the purpose of providing technical assistance or training to small businesses employing fewer than 20 people. Grants shall be awarded to those organizations, corporations or institutions or partnerships with a track record of success in providing technical assistance or training to businesses employing fewer than 20 people”; and in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$105,470,805”.

CLERK NUMBER: 198

Mr. Rodrigues Of Westport move that the bill be amended in section 2, in item 7007-0950, in line 12, by striking out the following: “Project” and inserting in place thereof the following: “Partnership”.

CLERK NUMBER: 199

Mr. Rodrigues Of Westport And Mr. Larkin Of Pittsfield move that the bill be amended by adding at the end thereof the following section(s):

SECTION .
Chapter 63 is hereby amended by adding the following section after section 31H:
Section 31I. A corporation shall be allowed a credit as hereinafter provided against its excise due under this chapter equal to five percent of qualifying job training expenses. Qualifying job training expenses are those costs directly incurred for employer-provided or employer-sponsored training programs designed to provide, upgrade or enhance the skills and knowledge of employees. Such training programs, including but not limited to basic English language and math skills, academic and equivalency programs and employment-related techinical skills shall be conducted for employees employed by the corporation at a location in the commonwealth. Such training expenses are limited to expenses for tuition, training instructors and instructional materials and shall not include the wages paid to an employee during the time of instruction or expenses for the construction, acquisition or maintenance of equiptment or facilities used for training purposes.

The credit allowed under this section shall not reduce the excise to less than the amount due under subsection (b) of section 32 or subsection (b) of section 39 of this chapter. The provisions of section 32C of this chapter shall not apply to the credit allowed by this section. No money expended as matching funds for a state-sponsored workforce development grant program shall qualify for the credit under this section. A. corporation claiming a credit under this section shall furnish such information relative to the credit as may be requested by the commissioner in a form approved by him, and the commissioner shall promulgate such regulations as are necessary to implement this section.

SECTION .
This act shall take effect for taxable years beginning on or after January 1, 2005 but shall not be available for tax years beginning on or after January 1, 2008.

CLERK NUMBER: 200
Mr. Rodrigues Of Westport move that the bill be amended in section 2 by inserting after item 7007-1200 the following item:
“7007-1300. For the operation of the Massachusetts international trade council....…….……$500,000”; and in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$106,970,805”.