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Floor Number: 601 Clerk Number: 462
MASSACHUSETTS CITIZENS ADVOCACY
Mr. Brewer moved that the bill be amended, in Section 2, in item 4120-4000, by inserting at the end thereof the following words:- "provided that $50,000 shall be expended to the Massachusetts Citizen Advocacy Program;" and further amended the item by striking the figure "$8,040,597" and inserting in place thereof the following figure:- "$8,090,597".
Floor Number: 602 Clerk Number: 415
OPERATIONAL SERVICES DIVISION
Messrs. Lees, Tarr, Knapik and Brown moved that the bill be amended, in Section 2, in item 1775-1100, by striking out the figures "$250,000" and inserting in place thereof the figures "$500,000".
Floor Number: 603 Clerk Number: 659
PROCEDURES REGARDING THE UNIFORM FINANCIAL REPORTING
Messrs. Tolman and Panagiotakis moved that the bill be amended, in Section 2, by inserting after item 1775-1100 the following item:
"1775-1101 That notwithstanding any general or special law or regulation to the contrary, the Operational Services Division of the Executive Office of Administration and Finance shall modify its proceedings regarding the uniform financial report (UFR) to require both for-profit and nonprofit providers who contract with the Commonwealth to provide human and social services, with the exclusion of MGL CH. 71B approved private school providers subject to the authority of the Division of Purchased Services, to complete the same UFR surplus revenue retention schedule for the calculation of both commercial fees and surplus revenue retention."
EARLY EDUCATION
Messrs. Baddour, Tisei, Hart, Barrios, O'Leary, McGee and Augustus, Ms. Chandler, Ms. Tucker, Messrs. Hedlund, Joyce and Creedon, Ms. Resor, Ms.Walsh, and Mr. Tarr moved that the bill be amended, in Section 2, in item 1599-0042, by striking out the figure "$10,000,000" and inserting in place thereof the following figure:-"$12,500,000"
Floor Number: 605 Clerk Number: 173
BROWN- PONDVILLE SETTLEMENT
Mr. Brown moved that the bill be amended, in Section 2, in item 1599-3384, by inserting after the word "Massachusetts" the following:- "; provided, that $3,000,000 shall be expended as reimbursement for actual costs of environmental cleanup at the property located in the Town of Norfolk, formerly known as the Department of Public Health Pondville Hospital as identified in chapter 519 of the acts of 1980 upon satisfactory presentation to and approval by the secretary of administration and finance of actual costs expended and the execution and delivery of a mutually agreeable general release to the commonwealth, and provided further that the reimbursement hereunder shall be in lieu of and not in addition to any responsibilities or expenditures provided for in any general or special law or regulation and provided further that line item 1102-3233 of section 2 of Chapter 149 of the acts of 2004, section 679 of chapter 26 of the acts of 2003, and section 70 of chapter 140 the acts of 2003 are hereby repealed." and in said item by striking out the figure "$4,837,211" and inserting in place thereof the following figures:- "7,837,211."
Floor Number: 606 Clerk Number: 186
PRIVATE SECTOR HUMAN SERVICE WORKER SALARY RESERVE
Mr. Barrios moved that the bill be amended, in Section 2, in item 1599-6901, by adding, in line 5, after the words "of elder affairs" the following:- "and Medicaid funded and Medicaid managed care funded agencies" And in item 1599-6901, by striking, in line 23, after the words "for child care services" the following:- "or programs for which payment rates are negotiated and paid as class rates as established by the division of health care finance and policy; provided further, that no funds shall be allocated from this item to contracts funded exclusively by federal grants as delineated in section 2D"
Floor Number: 607 Clerk Number: 137
PROFESSIONAL SALARY AND CLASSIFICATION STUDY OF SENATE STAFF EARMARK
Mr. Moore moved that the bill be amended, in Section 2, in item 9500-0000, by inserting at the end thereof the following:- provided, further, that $100,000 be authorized for a cooperative agreement with the National Conference of State Legislatures for a salary and classification study of the Senate staff and in said item by striking out the figure "$18,050,647 and inserting in place thereof the figure "$18,150,647"
Floor Number: 608 Clerk Number: 644
VETERANS SERVICES
Ms. Wilkerson moved that the bill be amended, in Section 2, in item 1410-0010 by striking the following: "and provided further, that the department may expend funds for the Glory 54th Brigade." and inserting in place thereof the following: "that not less than $40,000 shall be expended for the Massachusetts 54th Regiment".
Floor Number: 609 Clerk Number: 30
VETERAN'S OUTREACH
Mr. Baddour moved that the bill be amended, in Section 2, in item 1410-0012 by inserting after the words "Roxbury section of Boston;" the following:- "provided further, that not less than $82,757 shall be obligated for a contract with the Veteran's Northeast Outreach Center in the city of Haverhill."
Floor Number: 610 Clerk Number: 32
VETERANS ORAL HISTORY PROJECT
Ms. Spilka and Mr. Brown moved that the bill be amended, in Section 2, in item 1410-0012 by striking out the figure "$15,000" and inserting in place thereof the following figure:- "$30,000".
Floor Number: 611 Clerk Number: 444
DISABLED AMERICAN VETERANS
Mr. Brewer moved that the bill be amended, in Section 2, in item 1410-0012, by inserting at the end thereof the following words:- "provided further, that not less than $100,000 shall be expended for the transportation program administered by the Disabled American Veterans;"
Floor Number: 612 Clerk Number: 687
MIDDLEBORO VETERANS OUTREACH CENTER
Mr. Pacheco moved that the bill be amended, in Section 2, in item 1410-0012 by adding at the end thereof:- ", provided that not less than $50,000 shall be appropriated for the Middleboro Veterans Outreach Center."
Floor Number: 613 Clerk Number: 29
VETERANS
Mr. Baddour moved that the bill be amended, in Section 2, in item 1410-0250 by inserting after the words "New Bedford;" the following:- "provided further, that not less than $44,888 shall be obligated for a contract with the Mansion located in the city of Haverhill."
Floor Number: 614 Clerk Number: 362
CENTRAL MASSACHUSETTS SHELTER FOR HOMELESS VETERANS
Ms. Chandler, Messrs.. Augustus and Brewer moved that the bill be amended, in Section 2, in item 1410-0250, by striking out the figure "$453,966" and inserting in place thereof the following figure:- "$475,105" and moved to further amend the bill, in Section 2, in item 1410-0250, by striking out the figure "$1,947,291" and inserting in place thereof the following figure:- "$1,968,430".
Floor Number: 615 Clerk Number: 399
EXECUTIVE OFFICE OF VETERAN AFFAIRS
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik, and Brown moved that the bill be amended, in Section 2, in item 1410-0300 striking out “$12,339,263” and inserting in place thereof the following “$12,357,263”; by inserting after line item 1599-0050 the following new line item:-
1599-0061 For payment of a state death benefit to survivors of members of the Massachusetts national guard pursuant to section 111 of this act .......................... $400,000;
by inserting after line item 8700-0001 the following line item:-
8700-0004 For the costs of serviceman’s group life insurance premiums while Massachusetts national guard members are Federally activated, pursuant to section 112 of this act ........................................................ $438,016
And that the bill be further amended by inserting at the end the following new sections:-
SECTION 110. Said paragraph (h) of said subsection (1) of said section 4 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 146, the word:- Massachusetts.
SECTION 111. Section 88 of chapter 33 of the General Laws, as appearing in the 2002 Official Edition is hereby amended by striking lines 30 through 47 inclusive and replacing it with the following paragraph:-
In the case of the death of a member of the Massachusetts national guard resulting from injury, sickness, or disease received while in the line of duty pursuant to orders under titles 10 and 32 of the United States Code or chapter 33 of the General Laws, and that injury, sickness or disease resulting in such death were not the result of fault or neglect on the part of the decedent, a single payment of $100,000 shall be paid to the surviving spouse. If there is no surviving spouse said amount shall be paid to the child, or children in equal shares, of the decedent. If there is no surviving spouse and no child or children, the surviving mother and father of the decedent, if such father and mother were dependent on the decedent for support at the time of his death each shall each receive $50,000. If only one parent survived the decedent or only one parent was dependent on the decedent for support, that parent shall receive $100,000. The standard for dependency shall be determined in accordance with clause (3) of section one and section 32 of chapter 152. All claims presented under the provision of this section shall be made in accordance with the procedure provided for under section 90 of this chapter.
SECTION 112. Chapter 33 of the General Laws, as so appearing, is hereby amended by adding the following new section:-
Section 88A. All monthly premiums for any coverage held in the serviceman’s group life insurance program administered by the Veterans Administration for a member of the Massachusetts national guard who is ordered to active federal service pursuant to title 10 of the United State Code, shall be borne by the commonwealth for the duration of the member’s active duty period.
SECTION 113. Section 6B of said chapter 115 of the General Laws, as appearing in the 2002 Official Edition is hereby amended by inserting at the end thereof the following paragraph:-
The surviving spouse, currently not married, of a veteran whose death occurred as a result of injury sustained or disease contracted during active service in the armed forces of the United States, shall be paid the sum of $1,500 annually in two payments on August 1 and February 1. Such payments shall be due and payable from the date of receipt of said surviving spouse’s completed application.
SECTION 114. Section 6B of said chapter 115, as so appearing, is hereby further amended by inserting at the end thereof the following paragraph:-
The surviving spouse, currently not married, who is in receipt of Dependency Indemnity Compensation from the Veterans Administration, and whose veteran-spouse served in active service of the armed forces of the United States, shall also be paid the sum of $1,500 annually in two payments on August 1 and February 1. Such payments shall be due and payable from the date of receipt of said surviving spouse’s completed application.
SECTION 115. Section 6B of said chapter 115, as so appearing, is hereby further amended by inserting at the end thereof the following paragraph:-
Any payment made on August 1 pursuant to this section shall be for the period beginning January 1 and ending June 30 of that same year; any payment made on February 1 pursuant to this section shall be for the period beginning July 1 and ending December 31 of the previous year. The commissioner shall prorate initial annuity payments from the date of receipt of the completed application to ensure that the total payments in any fiscal year shall not exceed the amounts appropriated.
SECTION 116. Section 111 shall take effect as of October 7, 2001.
SECTION 117. Section 114 shall take effect on January 1, 2006.
Floor Number: 616 Clerk Number: 60
VETERANS TAX EXEMPTION
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section ___, the following new Section:-
"SECTION _____. Clause twenty-second of section 5 of chapter 59 of the General Laws, as appearing in the 2002 official edition, is hereby amendment by striking the words "two thousand dollars" in line 555 and inserting in place thereof the following words:- "ten thousand dollars", and further moved that the bill be amended by striking the figure "$250" in line 556 and inserting in place thereof the following figure:- "$1,000" ".
MAYNARD DEBT EXCLUSION
Ms. Resor moved that the bill be amended by inserting after Section 13, the following new section:
"SECTION 13A. Section 20 of chapter 44 of the General Laws, as most recently amended by section 33 of chapter 46 of the acts of 2003, is hereby further amended by inserting at the end thereof the following sentence:- The provisions of the proceeding 2 sentences shall apply only to bond premiums received on or after July 31, 2003."
ELECTRONIC PUBLIC RECORDS
Mr. Havern moves to amend the bill by inserting a new section at the end thereof the following:-
"SECTION_______. Cities and Towns may set a cost for electronic public records of no more that $0.02 (2 cents) per name; this cost shall not apply to voter list electronic records."
Floor Number: 619 Clerk Number: 251
EXPEDITED PERMITTING
Mssrs. Hart, Baddour and Nuciforo, Ms. Tucker, Mr. McGee, Ms. Chandler, Mr. Tarr, Ms. Spilka, Messrs. Brown and Panagiotakos moved that the bill be amended by inserting after Section________ the following new Section: -
SECTION ___. Chapter 43D of the General Laws, as inserted by section 94 of chapter 149 of the Acts of 2004, is hereby amended by striking out the chapter in its entirety and inserting in place thereof the following:-
CHAPTER 43D
Expedited Permitting
Section 1. Notwithstanding any general or special law, charter provision, by-law or ordinance to the contrary this chapter shall apply upon its acceptance by any city or town.
Section 2. For the purposes of this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Governing body'”, in a city having a Plan D or Plan E charter the city manager and the city council and in any other city the mayor and city council, and in towns the board of selectmen.
“Interagency Permitting Board”, the board, as described in section 62 of chapter 23A, established to review and approve or deny municipal priority development site proposals and to grant and administer technical assistance grants.
“Issuing authority”, a local board, commission, department or other municipal entity that is responsible for issuing permits, granting approvals or otherwise involved in land use development including redevelopment of existing buildings and structures.
“Permit”, a permit formal determination, order of conditions, license, certificate, authorization, registration, plan approval, zoning relief or other approval or determination with respect to the use or development of land, buildings, or structures required by any issuing authority including but not limited to those under statutory authorities contained in chapter 40A, sections 81A to 81J, inclusive, and sections 81X to 81GG, inclusive, of chapter 41, sections 40 and 40A of chapter 131, sections 26 to 32, inclusive, of chapter 111, chapter 40C, sections 13 and 14 of chapter 148, chapter 772 of the acts of 1975, or otherwise under state law or local by-law or ordinance, and all associated regulations, bylaws and rules, but not including building permits or approvals pursuant to sections 81O to 81W, inclusive, of chapter 41. “Permit” shall not include the decision of an agency to dispose of property under its management or control; predevelopment reviews conducted by the municipal office of permit coordination or a technical review team; or permits granted by the Massachusetts Water Resources Authority.
“Priority Development site”, a privately or publicly owned property that is (1) commercially or industrially zoned, (2) eligible under applicable zoning provisions, including special permits or other discretionary permits, for the development or redevelopment of a building at least 50,000 square feet of gross floor area in new or existing buildings or structures, and (3) designated as a priority development site by the board. Several parcels or projects may be included within a single priority development site.
“Secretary”, the secretary of the executive office of economic development.
“Technical Review team”, an informal working group consisting of representatives of the various issuing authorities designed by the head of their issuing authority to review requests submitted under this chapter. The technical review team shall not include members of the zoning board of appeals.
Section 3. (a) For a property to receive a designation as a priority development site, the governing body must file a formal proposal with the board. The proposal shall include: (1) a detailed description of the property, (2) good faith commitment to comply with the provisions of this chapter, (3) written authorization of the property owner, and (4) at the discretion of the governing body, a request for a technical assistance grant.
(b) All requests for a technical assistance grant, shall include a detailed description of how the grant will be used and shall be submitted with the formal proposal as described in subsection (a). The grants shall be used to implement the requirements of this chapter, which shall include but not limited to, professional staffing assistance, local government reorganization, and consulting services. The board shall review and determine eligibility of such proposals and approve requests within 60 days of receipt of such proposals. In special circumstances where a specific and originally unforeseen need can be demonstrated, the governing body may be eligible for an additional technical assistance grant if approved by the board and the secretary.
Section 4. Within 120 days of the acceptance of this chapter the governing body shall implement the following:
(a) appoint a single point of contact to serve as the primary municipal liaison for all issue relating to the provisions of this chapter.
(b) amend rules and regulations on permit issuance to conform to this chapter,
(c) along with the issuing authority, collect and ensure the availability of all governing statutes, local ordinances, by-laws, regulations, procedures and protocols pertaining to each permit.
(d) establish a procedure whereby the governing body shall determine all permits, reviews and predevelopment reviews required for a project; all required scoping sessions, public comment periods and public hearings; and all additional specific applications and supplemental information required for review, including, where applicable, the identification of potential conflicts of jurisdiction or substantive standards with abutting municipalities and a procedure for notifying the applicant.
(e) establish a procedure, following the notification of the required submissions for review as set forth in subsection (d) of this section, for determining if all the materials required for the review of the project has been completed.
Section 5. (a) Priority development permit reviews and final decisions shall be completed within 180 days subject to the extension herein. The said time period shall begin the day after the issuance of the notice that the application materials are complete pursuant to subsection (e) of section 4 . The governing body shall notify the applicant in writing within 20 business days from receipt of the completed form of additional information needed or requirements that it may have. The governing body may provide for pre-application conferences to facilitate this process.
(b) The resubmission of the application or the submission of such additional information required by the governing body shall commence a new 30-day period for review of the additional information.
(c) If, at any time, an issuing authority determines that a permit or other predevelopment review is required which it did not previously identify, it shall immediately notify the applicant by certified mail and shall where public notice and comment or hearings are not required complete action on the application filed for the previously unidentified permit within 30 days of receipt of the competed application or not later than the latest required decision date for a pending permit, whichever is later. Where public notice and comment or hearing are required for the previously unidentified permit, the required action date shall be not later than 30 days from the later of the close of the hearing or comment period, which shall be scheduled to commence as quickly as publication allows. The failure of the governing body to notify an applicant of the requirement of a public hearing or comment period shall not constitute a waiver of said requirement.
Section 6.In accordance with the provisions of this chapter, the governing body:
(a) may establish an informal procedure to allow permit applicants to obtain advisory review by a technical review team of any issue of law, policy, procedure, or classification that the applicant claims is in dispute between the applicant and the issuing authority which has affected or will affect the ability of the applicant to obtain timely review of the permit application. Procedures shall provide for a filing a request for review by the applicant, representation by the issuing authority on the technical review team, and a period not to exceed 30 days for issuance of a decision. Use of this procedure shall toll the review time periods. An advisory determination or ruling made pursuant to a procedure established in this section shall not constitute a decision or final action and shall not be subject to any right of administrative or judicial review;
(b) may establish an additional and separate fee, in addition to any fees that may be assessed by an issuing authority in order to carry out its duties under any provision of this chapter, and may deposit the fees in a special account to be maintained by the treasurer. The special account, including any accrued interest shall be expended at the direction of the governing body, without further appropriation; provided, however, that the funds shall be expended only in carrying out its responsibilities under this chapter
Section 7. Failure by any issuing authority to take final action on a permit or approval within said 180-day period or extended time, if applicable, shall be deemed a grant of the relief requested of that authority. In that event, within 14 days after the date of expiration of the time period, the applicant shall file an affidavit with the city or town clerk, attaching the application, setting forth the facts giving rise to said grant and stating that notice of the grant has been mailed, by certified mail, to all parties to the proceedings and all persons entitled to such notice of hearing in connection with the application.
Section 8. The said grant shall not occur where (1) the governing body has made a timely determination that the application is not complete in accordance with its requirements and notified the applicant as set forth herein and the applicant has not made a timely response to complete the application; (2) the governing body has determined that the final application contained false or misleading information; or (3) the governing body has determined that substantial changes to the project affect the information required to process the permit application have occurred since the filing of the application.
Section 9. The 180 day time period may be waived or extended for good cause upon written request of the applicant with the consent of the governing body or upon written request of the issuing authority with the consent of the applicant. The said 180 day period may be extended for up to 30 days by the governing body in the event an additional permit or other predevelopment review is required in accordance with section 5 (c); provided however, that the requirement for the previously unidentified permit or review has been determined no less than 150 days after the issuance of the notice of completeness. The 180 day time period shall be extended when the issuing authority determines either (1) that action by another federal, state or municipal government agency is required before the issuing authority may act; (2) that judicial proceedings affect the ability of the issuing authority or applicant to proceed with the application; or (3) that enforcement proceedings that could result in revocation of an existing permit for that facility or activity and denial of the application have been commenced. In such circumstances, the issuing authority must provide written notification to the secretary. When the reason for the extension is no longer applicable, the issuing authority shall immediately notify the applicant, and shall complete its decision within the time period specified in this section, beginning the day after the notice is issued. An issuing authority may not use lack of time for review as a basis for denial of a permit if the applicant has provided a complete application and met all other obligations in accordance with this chapter.
Where chapter 831 of the acts of 1977 and chapter 716 of the acts of 1989 require or allow a referral of a permit application to a regional commission, the 180 day time period shall be extended until completion of the regional commission's review. In cases where a regional commission denies a regional permit on a priority development site in accordance with the aforementioned chapters, the issuing authority shall cease the 180 day review period without penalty. The provisions of chapter 831 of the acts of 1977 and chapter 716 of the acts of 1989 shall apply to this chapter.
Section 10. (a) Appeals from issuing authority decisions or from a grant by operation of law, must be filed within 20 days after the last such individual permitting decision has been rendered or within 20 days after the conclusion of the 180 day period as set forth in Section 5 A, whichever is later. The 180 day period shall be increased by the number days in any extension granted under this chapter.
(b) A person aggrieved by a final decision of any issuing authority, or by the failure of such authority to take final action concerning any such application within the time specified,
whether or not previously a party to the proceeding, or any governmental officer, board, or agency, may appeal to the division of administrative law appeals by bringing an action within 20 days after a written decision was or should have been rendered. Appeals from decisions of multiple permitting authorities shall be filed simultaneously and shall be consolidated for purposes of hearing and decision. Nothing in this section shall apply to appeals pursuant to sections 40 and 40A of chapter 131, which shall continue to be appealed in accordance with said chapter, chapter 30A and applicable regulations.
(c) When hearing appeals hereunder, the said division shall revise its rules, procedures and regulations to the extent necessary to accord with the requirements of this chapter.
(d) The said division shall render a final written decision within 90 days of the receipt of the appeal. Thereafter, an aggrieved party may appeal to the land court department by bringing an action within 20 days after the said division has rendered a final decision.
S ection 11. (a) Permits shall not transfer automatically to successors in title, unless the permit expressly allows the transfer without the approval of the issuing authority.
(b) Issuing authorities having substantive jurisdiction over permit issuance may develop procedures for simplified permit renewals and annual reporting requirements. If the procedures are not developed, renewals of permits shall be governed by the same procedures and timelines as specified in conjunction with this chapter.
(c) Issuing authorities shall make every reasonable effort to review permit modification requests within as short a period as is feasible to maintain the integrity of the expedited permitting process. An issuing authority shall inform an applicant within 20 business days of receipt of a request whether the modification is approved, denied, determined to be substantial or additional information is required by the issuing authority in order to issue a decision. If additional information is required, the issuing authority shall inform an applicant within 20 business days after receipt of the required additional information whether the modification is approved or denied or that additional information is still required by the issuing authority in order to render a decision. In cases in which the issuing authority determines that a requested modification is substantial, the original review period for permit categories as set forth in section 5 shall apply.
(d) Permits issued pursuant to this chapter shall expire five years from the date of the expiration of the applicable appeal period unless exercised sooner. Where permits cover multiple buildings, commencement and continuation of construction of one building shall preserve the permit validity. Changes in the law subsequent to the issuance of permits based upon the priority proposal shall not invalidate the permits or review certificates. Nothing in this section shall limit the effectiveness of section 6 of chapter 40A.
Section 12. A municipality that designates a priority development site shall be eligible for the following:
(a) priority consideration for community development action grants, and public works economic development grants;
(b) priority consideration for other state resources such as quasi-public financing and training programs;
(c) brownfields remediation assistance;
(d) enhanced marketing by the Massachusetts office of business development; and
(e) technical assistance provided by the Massachusetts Development Finance Agency.
Section 13. Any required reviews established under sections 61 to 62H, inclusive, of chapter 30 or sections 26 to 27C, inclusive, of chapter 9 shall be conducted concurrently and shall conclude within 120-days of a state determination of completeness of required review materials, as shall be established by the executive office of environmental affairs. The secretary of environmental affairs and the state secretary shall establish time frames for all required filings and additional filings by the applicant in order to comply with this section. In the event an applicant fails to comply with all relevant time frames, the time shall be tolled until the applicant files the required documents.
Section 14. Nothing in this chapter shall be construed to alter the substantive jurisdictional authority of issuing authorities.
Section 15. The secretary shall promulgate such rules and regulations as are necessary to implement the purposes of this chapter.
Floor Number: 620 Clerk Number: 20
EXPEDITED PERMITTING
Mr. Baddour moved that the bill be amended by inserting after Section 109, the following new Section:-
“SECTION 110. Section 6 of Chapter 43D of the General Laws, as inserted by section 94 of chapter 149 of the Acts of 2004, is hereby amended by striking out the chapter in its entirety and inserting in place thereof the following:-
CHAPTER 43D
Expedited Permitting
Section 1. Notwithstanding any general or special law, charter provision, by-law or ordinance to the contrary this chapter shall apply upon its acceptance by any city or town.
Section 2. For the purposes of this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Governing body'”, in a city having a Plan D or Plan E charter the city manager and the city council and in any other city the mayor and city council, and in towns the board of selectmen.
“Interagency Permitting Board”, the board, as described in section 62 of chapter 23A, established to review and approve or deny municipal priority development site proposals and to grant and administer technical assistance grants.
“Issuing authority”, a local board, commission, department or other municipal entity that is responsible for issuing permits, granting approvals or otherwise involved in land use development including redevelopment of existing buildings and structures.
“Permit”, a permit formal determination, order of conditions, license, certificate, authorization, registration, plan approval, zoning relief or other approval or determination with respect to the use or development of land, buildings, or structures required by any issuing authority including but not limited to those under statutory authorities contained in chapter 40A, sections 81A to 81J, inclusive, and sections 81X to 81GG, inclusive, of chapter 41, sections 40 and 40A of chapter 131, sections 26 to 32, inclusive, of chapter 111, chapter 40C, sections 13 and 14 of chapter 148, chapter 772 of the acts of 1975, or otherwise under state law or local by-law or ordinance, and all associated regulations, bylaws and rules, but not including building permits or approvals pursuant to sections 81O to 81W, inclusive, of chapter 41. “Permit” shall not include the decision of an agency to dispose of property under its management or control; predevelopment reviews conducted by the municipal office of permit coordination or a technical review team; or permits granted by the Massachusetts Water Resources Authority.
“Priority Development site”, a privately or publicly owned property that is (1) commercially or industrially zoned, (2) eligible under applicable zoning provisions, including special permits or other discretionary permits, for the development or redevelopment of a building at least 50,000 square feet of gross floor area in new or existing buildings or structures, and (3) designated as a priority development site by the board. Several parcels or projects may be included within a single priority development site.
“Secretary”, the secretary of the executive office of economic development.
“Technical Review team”, an informal working group consisting of representatives of the various issuing authorities designed by the head of their issuing authority to review requests submitted under this chapter. The technical review team shall not include members of the zoning board of appeals.
Section 3. (a) For a property to receive a designation as a priority development site, the governing body must file a formal proposal with the board. The proposal shall include: (1) a detailed description of the property, (2) good faith commitment to comply with the provisions of this chapter, (3) written authorization of the property owner, and (4) at the discretion of the governing body, a request for a technical assistance grant.
(b) All requests for a technical assistance grant, shall include a detailed description of how the grant will be used and shall be submitted with the formal proposal as described in subsection (a). The grants shall be used to implement the requirements of this chapter, which shall include but not limited to, professional staffing assistance, local government reorganization, and consulting services. The board shall review and determine eligibility of such proposals and approve requests within 60 days of receipt of such proposals. In special circumstances where a specific and originally unforeseen need can be demonstrated, the governing body may be eligible for an additional technical assistance grant if approved by the board and the secretary.
Section 4. Within 120 days of the acceptance of this chapter the governing body shall implement the following:
(a) appoint a single point of contact to serve as the primary municipal liaison for all issue relating to the provisions of this chapter.
(b) amend rules and regulations on permit issuance to conform to this chapter,
(c) along with the issuing authority, collect and ensure the availability of all governing statutes, local ordinances, by-laws, regulations, procedures and protocols pertaining to each permit.
(d) establish a procedure whereby the governing body shall determine all permits, reviews and predevelopment reviews required for a project; all required scoping sessions, public comment periods and public hearings; and all additional specific applications and supplemental information required for review, including, where applicable, the identification of potential conflicts of jurisdiction or substantive standards with abutting municipalities and a procedure for notifying the applicant.
(e) establish a procedure, following the notification of the required submissions for review as set forth in subsection (d) of this section, for determining if all the materials required for the review of the project has been completed.
Section 5. (a) Priority development permit reviews and final decisions shall be completed within 180 days subject to the extension herein. The said time period shall begin the day after the issuance of the notice that the application materials are complete pursuant to subsection (e) of section 4 . The governing body shall notify the applicant in writing within 20 business days from receipt of the completed form of additional information needed or requirements that it may have. The governing body may provide for pre-application conferences to facilitate this process.
(b) The resubmission of the application or the submission of such additional information required by the governing body shall commence a new 30-day period for review of the additional information.
(c) If, at any time, an issuing authority determines that a permit or other predevelopment review is required which it did not previously identify, it shall immediately notify the applicant by certified mail and shall where public notice and comment or hearings are not required complete action on the application filed for the previously unidentified permit within 30 days of receipt of the competed application or not later than the latest required decision date for a pending permit, whichever is later. Where public notice and comment or hearing are required for the previously unidentified permit, the required action date shall be not later than 30 days from the later of the close of the hearing or comment period, which shall be scheduled to commence as quickly as publication allows. The failure of the governing body to notify an applicant of the requirement of a public hearing or comment period shall not constitute a waiver of said requirement.
Section 6.In accordance with the provisions of this chapter, the governing body:
(a) may establish an informal procedure to allow permit applicants to obtain advisory review by a technical review team of any issue of law, policy, procedure, or classification that the applicant claims is in dispute between the applicant and the issuing authority which has affected or will affect the ability of the applicant to obtain timely review of the permit application. Procedures shall provide for a filing a request for review by the applicant, representation by the issuing authority on the technical review team, and a period not to exceed 30 days for issuance of a decision. Use of this procedure shall toll the review time periods. An advisory determination or ruling made pursuant to a procedure established in this section shall not constitute a decision or final action and shall not be subject to any right of administrative or judicial review;
(b) may establish an additional and separate fee, in addition to any fees that may be assessed by an issuing authority in order to carry out its duties under any provision of this chapter, and may deposit the fees in a special account to be maintained by the treasurer. The special account, including any accrued interest shall be expended at the direction of the governing body, without further appropriation; provided, however, that the funds shall be expended only in carrying out its responsibilities under this chapter
Section 7. Failure by any issuing authority to take final action on a permit or approval within said 180-day period or extended time, if applicable, shall be deemed a grant of the relief requested of that authority. In that event, within 14 days after the date of expiration of the time period, the applicant shall file an affidavit with the city or town clerk, attaching the application, setting forth the facts giving rise to said grant and stating that notice of the grant has been mailed, by certified mail, to all parties to the proceedings and all persons entitled to such notice of hearing in connection with the application.
Section 8. The said grant shall not occur where (1) the governing body has made a timely determination that the application is not complete in accordance with its requirements and notified the applicant as set forth herein and the applicant has not made a timely response to complete the application; (2) the governing body has determined that the final application contained false or misleading information; or (3) the governing body has determined that substantial changes to the project affect the information required to process the permit application have occurred since the filing of the application.
Section 9. The 180 day time period may be waived or extended for good cause upon written request of the applicant with the consent of the governing body or upon written request of the issuing authority with the consent of the applicant. The said 180 day period may be extended for up to 30 days by the governing body in the event an additional permit or other predevelopment review is required in accordance with section 5 (c); provided however, that the requirement for the previously unidentified permit or review has been determined no less than 150 days after the issuance of the notice of completeness. The 180 day time period shall be extended when the issuing authority determines either (1) that action by another federal, state or municipal government agency is required before the issuing authority may act; (2) that judicial proceedings affect the ability of the issuing authority or applicant to proceed with the application; or (3) that enforcement proceedings that could result in revocation of an existing permit for that facility or activity and denial of the application have been commenced. In such circumstances, the issuing authority must provide written notification to the secretary. When the reason for the extension is no longer applicable, the issuing authority shall immediately notify the applicant, and shall complete its decision within the time period specified in this section, beginning the day after the notice is issued. An issuing authority may not use lack of time for review as a basis for denial of a permit if the applicant has provided a complete application and met all other obligations in accordance with this chapter.
Where chapter 831 of the acts of 1977 and chapter 716 of the acts of 1989 require or allow a referral of a permit application to a regional commission, the 180 time period shall be extended for such review. In cases where a regional commission denies a permit on a priority development site in accordance with the aforementioned chapters, the issuing authority shall cease the 180 review period without penalty.
Section 10. (a) Appeals from issuing authority decisions or from a grant by operation of law, must be filed within 20 days after the last such individual permitting decision has been rendered or within 20 days after the conclusion of the 180 day period as set forth in Section 5 A, whichever is later. The 180 day period shall be increased by the number days in any extension granted under this chapter.
(b) A person aggrieved by a final decision of any issuing authority, or by the failure of such authority to take final action concerning any such application within the time specified,
whether or not previously a party to the proceeding, or any governmental officer, board, or agency, may appeal to the division of administrative law appeals by bringing an action within 20 days after a written decision was or should have been rendered. Appeals from decisions of multiple permitting authorities shall be filed simultaneously and shall be consolidated for purposes of hearing and decision. Nothing in this section shall apply to appeals pursuant to sections 40 and 40A of chapter 131, which shall continue to be appealed in accordance with said chapter, chapter 30A and applicable regulations.
(c) When hearing appeals hereunder, the said division shall revise its rules, procedures and regulations to the extent necessary to accord with the requirements of this chapter.
(d) The said division shall render a final written decision within 90 days of the receipt of the appeal. Thereafter, an aggrieved party may appeal to the land court department by bringing an action within 20 days after the said division has rendered a final decision.
S ection 11. (a) Permits shall not transfer automatically to successors in title, unless the permit expressly allows the transfer without the approval of the issuing authority.
(b) Issuing authorities having substantive jurisdiction over permit issuance may develop procedures for simplified permit renewals and annual reporting requirements. If the procedures are not developed, renewals of permits shall be governed by the same procedures and timelines as specified in conjunction with this chapter.
(c) Issuing authorities shall make every reasonable effort to review permit modification requests within as short a period as is feasible to maintain the integrity of the expedited permitting process. An issuing authority shall inform an applicant within 20 business days of receipt of a request whether the modification is approved, denied, determined to be substantial or additional information is required by the issuing authority in order to issue a decision. If additional information is required, the issuing authority shall inform an applicant within 20 business days after receipt of the required additional information whether the modification is approved or denied or that additional information is still required by the issuing authority in order to render a decision. In cases in which the issuing authority determines that a requested modification is substantial, the original review period for permit categories as set forth in section 5 shall apply.
(d) Permits issued pursuant to this chapter shall expire five years from the date of the expiration of the applicable appeal period unless exercised sooner. Where permits cover multiple buildings, commencement and continuation of construction of one building shall preserve the permit validity. Changes in the law subsequent to the issuance of permits based upon the priority proposal shall not invalidate the permits or review certificates. Nothing in this section shall limit the effectiveness of section 6 of chapter 40A.
Section 12. A priority development site shall be eligible for the following:
(a) priority consideration for community development action grants, and public works economic development grants;
(b) priority consideration for other state resources such as quasi-public financing and training programs;
(c) brownfields remediation assistance;
(d) enhanced marketing by the Massachusetts office of business development; and
(e) technical assistance provided by the Massachusetts Development Finance Agency.
Section 13. Any required reviews established under sections 61 to 62H, inclusive, of chapter 30 or sections 26 to 27C, inclusive, of chapter 9 shall be conducted concurrently and shall conclude within 120-days of a state determination of completeness of required review materials, as shall be established by the executive office of environmental affairs. The secretary of environmental affairs and the state secretary shall establish time frames for all required filings and additional filings by the applicant in order to comply with this section. In the event an applicant fails to comply with all relevant time frames, the time shall be tolled until the applicant files the required documents.
Section 14. Nothing in this chapter shall be construed to alter the substantive jurisdictional authority of issuing authorities.
Section 15. The secretary shall promulgate such rules and regulations as are necessary to implement the purposes of this chapter.
Floor Number: 621 Clerk Number: 55
PROPERTY TAX EXEMPTION
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section ___, the following new Sections:-
“SECTION _____. Clause Forty-first of section 5 of chapter 59 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out subclause (B), beginning in line 865, and inserting in place thereof the following subclause:-
(B) that such person’s income does not exceed that required to qualify under section 5 subsection (a) of chapter 62.
SECTION _____. Said clause Forty-first is hereby further amended by striking out the words “five hundred dollars”, in line 849, and inserting in place thereof the following figure:- $1,000.
SECTION _____. Clause Forty-first B of said section 5 is hereby amended by striking out the words “five hundred dollars”, in line 1035, and inserting in place thereof the following figure:- $1,000.”
Floor Number: 622 Clerk Number: 62
BERKSHIRE REGIONAL PLANNING COMMISSION
Mr. Nuciforo moved that the bill be amended by inserting after section 109 the following section:-
“Section 110. Notwithstanding any general or special law to the contrary, the accumulated deductions, including interest, credited as of July 1, 2005 to the annuity savings accounts of persons employed by the Berkshire Regional Planning Commission who are members of the Pittsfield retirement system shall be transferred to the state employees’ retirement system. The public employee retirement administration commission shall certify to the state board of retirement that the amounts transferred under this act are accurate.
Upon completion of the required documentation and acceptance by the state board of retirement under applicable law and regulations, as of July 1, 2005, persons employed by the Berkshire Regional Planning Commission who are members of the Pittsfield retirement system shall become members of the state employees’ retirement system and shall be subject to the rules and regulations of that system.
Under paragraph (c) of subdivision (8) of section 3 of chapter 32 of the General Laws, the Pittsfield retirement system shall reimburse the state employees’ retirement system for the amount of any retirement allowance that would be paid to employees transferred under this act that is attributable to their credible service while employees of the Berkshire Regional Planning Commission and members of the Pittsfield Retirement System. This provision shall have no effect on any other liability under said chapter 32 that the Pittsfield Retirement System may have to the state employees’ retirement system.
The state board of retirement shall not be responsible for any amount of retirement allowance, disability allowance, or other benefit under said chapter 32 for any employee, survivor or beneficiary of the Berkshire Regional Planning Commission existing on or before July 1, 2005 from the Pittsfield retirement system, or for any portion of any unfunded liability that may exist for an employee, survivor, or beneficiary of the Berkshire Regional Planning Commission related to the Pittsfield retirement system.”
REAL ESTATE TAX NOTICES
Mr. Moore moved that the bill be amended by adding at the end thereof the following 2 new sections:-
SECTION ____. The first paragraph of section 57 of chapter 59 of the General Laws, as appearing in section 102 of chapter 149 of the acts of 2004, is hereby further amended by striking out the last sentence.
SECTION ____. The seventh paragraph of section 57C of chapter 59 of the General Laws, as appearing in section 26 of chapter 352 of the acts of 2004, is hereby further amended by striking out the second sentence.
Floor Number: 624 Clerk Number: 229
STUDY OF POTENTIAL SAVINGS IN MUNICIPAL BONDING
Messrs Tarr, Lees, Tisei, Knapik, Hedlund and Brown moved that the bill be amended by inserting, after section 109, the following new section: -
"SECTION___. There is hereby established a commission to evaluate the feasibility and potential benefits of allowing municipalities to extend the time for payment of obligations for municipal borrowing for new capital projects for a period not to exceed 40 years. The Commission shall be comprised of the Commissioner of the Department of Revenue or his designee, the Secretary of Administration and Finance, or his designee, 3 members from the House Committee on Ways and Means, at least one being a member of the minority party, and 3 members from the Senate Committee on Ways and Means, at least one being a member of the minority party. Said Commission shall file a report, together with any legislative recommendations with the Senate and House Committees on Ways and Means and the House and Senate Clerks not later than December 31, 2005."
Redraft
Floor Number: 625 Clerk Number: 231
EXTENSION OF SALE OF SURPLUS PROPERTY PROVISION FROM MUNICIPAL RELIEF ACT
Messrs. Tarr, Lees, Tisei, Knapik, Hedlund and Brown moved that the bill be amended by inserting, after section 109, the following new section: -
"SECTION___. Section 117 of Chapter 46 of the Acts of 2003 is hereby amended by striking out the section in its entirety and replacing it therein with the following new section: - "Notwithstanding section 63 of chapter 44 of the General Laws or any other general or special law to the contrary, during fiscal year 2004, 2005 and 2006, so long as a municipality has entered into a purchase and sale agreement to dispose of property in accordance with this section by December 31, 2005, the municipality shall be authorized to dispose of the property consistent with this section, in a town, following a majority vote by the board of selectmen that is ratified by a special or annual town meeting, or in a city, following a majority vote of the city council and approval by the mayor, the proceeds of the sale or other disposal of real estate, including the taking by eminent domain by another governmental unit, but other than that acquired through tax title foreclosure, by a city, town or district, that exceed $500, may be applied for any purpose or purposes for which the city, town or district deems necessary during said fiscal years, except that the proceeds of a sale in excess of $500 of any park land by a city, town, or district shall be used only by said city, town, or district for acquisition of land for park purposes or for capital improvements to park land, shall be authorized to dispose of the property consistent with this section."
Floor Number: 626 Clerk Number: 385
MUNICIPAL RELIEF SUNSET CLAUSE
Messrs. O'Leary and McGee, Ms. Fargo, Mr. Moore, Ms. Spilka, and Ms. Resor moved that the bill be amended by adding at the end thereof the following sections:-
"Notwithstanding any general or special law to the contrary, the city council of a city may, on recommendation of the mayor, transfer within the last 2 months of any fiscal year any amount appropriated for the use of any department to the appropriation for any other department. In a town, the selectmen or town council, with the concurrence of the finance committee or other entity established under section 16 of chapter 39 of the General Laws, may transfer within the last 2 months of any fiscal year any amount appropriated for the use of any department to the appropriation for any other department. Transfers under this section may not exceed, in the aggregate, 3 per cent of the annual budget of the department which the transfer is made. A transfer under this section shall not be made from any appropriation for a municipal light department under chapter 164 of the General Laws or for a school district as defined in section 2 of chapter 70 of the General Laws."
Floor Number: 627 Clerk Number: 494
CONSERVATION COMMISIONS-CONSULTANT FEES
Mr. Creedon moved that the bill be amended by adding the following new section:
SECTION___ Section 53G of Chapter 44, as appearing in the 2002 Official Edition, is hereby amended by striking the first sentence in lines 1 though 6 and inserting the following language:- "Notwithstanding the provisions of section fifty-three, any city or town that provides by rules promulgated under section 9 or 12 of chapter 40A, section 21 of chapter 40B, section 81Q of chapter 41 or section 31 of chapter 111, or by rules promulgated by a conservation commission established by a city or town under section 8C of chapter 40 when implementing the authority conferred under section 8C of chapter 40, section 40 of chapter 131, or under any local wetlands ordinance or bylaw, for the imposition of reasonable fees for the employment of outside consultants may deposit such fees in a special account."
Floor Number: 628 Clerk Number: 558
RELATIVE TO MWRA AND STORM DRAIN SYSTEMS
Ms. Creem moved that the bill be amended by inserting after Section ____ the following new Section:-
SECTION ______. Chapter 40 of the General Laws as appearing in the Official Edition is hereby amended by striking out section 39J and inserting the following section:
"Section 39J. In any city or town which accepts the provisions of this section, either by a vote of the city council, board of selectmen, board of water commissioners, or by vote of said city or town in a general election or town meeting, said city or town shall for the purposes of water conservation, water resource management, water resource planning and comprehensive financial management, adopt a pricing system which includes the costs of the provision of water and sewer services to the residents and industrial and commercial users of said city or town receiving said services; and may include the costs of operation, construction and maintenance of storm drain facilities in said city or town. The definition of costs as used in this section shall include, but not be limited to, costs of pipe and related appurtenances, replacement stock for water and sewer, costs relating to the replacement and repair thereof including street work, maintenance of all equipment and services, all costs relating to the metering of water, all related costs of police and fire protection, all administrative costs relating to the collection of said water and sewer fees, all costs relating to the personnel of the departments, as well as any long term planning costs for the continues provision of said services, and any costs of land acquisition relating to long range planning and future water supply development or wastewater treatment facilities."
SENIOR TAX EXEMPTION IN COHASSET
Mr. Hedlund moved that the bill be amended by adding, after Section 109, the following new Section: -
SECTION 110. Notwithstanding clause 41A of section 5 of chapter 59 of the General Laws the town of Cohasset may, by vote of town meeting prior to the start of any fiscal year of the town after the effective date of this act as specified in section 3 hereof, adopt for such fiscal year a higher maximum qualifying gross receipts amounts for purposes of qualifying seniors for the exemption contained in said clause 41A of section 5 of chapter 59; provided however, such maximum gross qualifying receipts amount shall not exceed fifty thousand dollars in the first fiscal year to which this act applies as set forth in section 3 hereof. An amount equal to fifty thousand dollars plus the cumulative increase in the consumer price index as issued by the United States Department of Labor, Boston Metropolitan Area, all Urban Consumers, calculated using calendar year 2004 as the base year, may be adopted by the town in accordance with this section, for the town’s fiscal year 2006 beginning July 1, 2005 and ending June 30, 2006 and similarly in subsequent fiscal years.
SECTION 2. Notwithstanding clause 41A of section 5 of chapter 59 of the General Laws, the rate of interest to be charged persons with unpaid taxes by reason of the use of said clause 41A shall be variable interest rate set once a year annually, not later than August 1 of each year, by majority vote of the board of selectmen of the town of Cohasset; provided however, such rate shall not be lower than the average prime rate charged by the 3 leading banks doing business in the Boston metropolitan area nor higher than the 8% rate set forth in said clause 41A.
SECTION 3. Section 1 of this act shall take effect upon passage and shall apply first on July 1 of the fiscal year of the town of Cohasset first occurring after the effective date of this act; section 2 of this act shall take effect upon passage as to interest calculations from the effective date going forward until the taxes are paid accordance with clause 41A of section 5 of chapter 59 of the General Laws to any taxpayer applicable to the period of time prior to the effective date of this act shall not be reduced or altered in any way section 2 of this act.
Floor Number: 630 Clerk Number: 95
MANNING BOWL
Mr. McGee moved that the bill be amended, in Section 2, by inserting after item 1102-3232 the following item:
"1102-3233, For the construction, reconstruction, renovation, repair, or improvement of various commonwealth and municipal capital facilities; provided further, that $2,000,000 shall be expended for repairs to the Manning bowl in Lynn; and provided further, that all funds appropriated herein shall be expended subject to terms and conditions as may be determined by the secretary for administration and finance, including a requirement for matching funds to be spent by any non-state recipient of such funds."
Floor Number: 631 Clerk Number: 284
NORTH RANDOLPH LITTLE LEAGUE LEASE
Mr. Joyce moved that the bill be amended by inserting, after Section ____, the following new section:-
SECTION__. "Notwithstanding any general or special law to the contrary, the department of conservation and recreation may enter into a lease agreement or agreements with the North Randolph Little League for property currently under the care and control of the department the land adjacent to the existing North Randolph Little League field off High Street near the former Nike Missile site in the town of Randolph. The term of any such lease agreement shall be for not less than 10 years, with an option to renew for up to 10 additional years. The North Randolph Little League shall pay a nominal consideration for said lease. Any such lease agreement shall require that all costs, fees and expenses relating to the care and maintenance of such property shall be paid in full by the lessee and other such terms and conditions as the department may require." "Redraft" "Redraft"
STATE HOUSE RENOVATIONS TO BRING BUILDING INTO COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
Messrs. Timilty, McGee, Tolman and Tarr, Ms. Chandler, Ms. Tucker, and Ms. Fargo moved that the bill be amended, in Section 2, by inserting after item 1102-3302 the following item:
1102-8880 Renovations for State House Handicapped Improvements provided further that said increase in item 1102-8880 shall represent funding for the Division of Capital Asset Management to renovate the State House to bring it into compliance with the Americans with Disability Act.................$1,000,000
BROWN- BACON FREE LIBRARY
Mr. Brown moved that the bill be amended, in Section 2, in item 7000-9501, by inserting after the words "immediately proceeding" the following:- "provided further that not less than $100,000 shall be expended for historic preservation repairs at the Bacon Free Library in Natick".
Floor Number: 634 Clerk Number: 242
AMES PUBLIC LIBRARY
Mr. Joyce moved that the bill be amended, in Section 2, in item 7000-9501 by inserting after the word "contrary," with the following: "provided further, that $275,000 shall be expended to the Ames Free Library in Easton for the purpose of the funding of new computers and equipment in the library's expansion".
EAST BRIDGEWATER PUBLIC LIBRARY
Mr. Joyce moved that the bill be amended, in Section 2, in item 7000-9501 by inserting after the word "contrary," with the following: "provided further, that $50,000 shall be expended to the East Bridgewater Public Library for the purpose of the funding an air conditioning system."
Floor Number: 636 Clerk Number: 375
PAXTON PUBLIC SAFETY FEASIBILITY STUDY
Ms. Chandler moved that the bill be amended, in Section 2, in item 8200-0200, by inserting after the words "under no circumstances shall any expenditures authorized by this item be charged to item 8200-0222;" the following wording:- "provided further, that not less than $50,000 shall be expended for the purpose of a feasibility study of a multi-use public safety structure in the town of Paxton;"
Floor Number: 637 Clerk Number: 319
WEST BRIDGEWATER SOCCER FIELDS
Mr. Joyce moved that the bill be amended, in Section 2, in item 2800-0100 by inserting after the word "Reservation," with the following: - "provided further, that $275,000 shall be expended for the engineering and construction of new soccer fields in the Town of West Bridgewater."
Floor Number: 638 Clerk Number: 78
LAKE MASPENOCK SEISMIC TESTING
Ms. Spilka moved that the bill be amended, in Section 2, in item 2800-0101 by adding the following: "; and provided further, that not less than $100,000 shall be expended for a grant to the town of Hopkinton for a detailed investigation of North Pond Dam/Lake Maspenock Dam located in the towns of Hopkinton, Milford, and Upton to determine the extent of seismic testing necessary at said facility and to perform such Seismic testing for Liquefaction and/or other Seismotectonic testing as may be recommended by said investigation"
Floor Number: 639 Clerk Number: 163
BROWN- FLOOD CONTROL
Mr. Brown moved that the bill be amended in section 2, in item 2800-0101, by inserting after the word "state house" the following:- "; provided further, not less than $40,000 shall be expended for flood control on Forest Road in Millis"; and in said item by striking out the figures "$1,147,489" and inserting in place thereof the figures "1,187,489".
Floor Number: 640 Clerk Number: 168
BROWN- MORSE'S POND
Mr. Brown moved that the bill be amended, in Section 2, in item 2800-0101, by inserting after the word "state house" the following: "provided further that not less than $100,000 shall be expended for environmental protection and improvements to the former gravel pit on Morse's Pond in Natick"; and in said item by striking out the figures "1,750,000" and inserting in place thereof the figures "1,850,000".
Floor Number: 641 Clerk Number: 199
CONNORS MEMORIAL POOL IN WALTHAM
Ms. Fargo moved that the bill be amended, in Section 2, in item 2800-0600, by inserting after the words "required maintenance and upkeep" the following: - "provided further, that the department shall expend not less than $2,500,000 for the repair of the Connors Memorial Pool in the city of Waltham; provided further, that the department shall repair and reopen the Connors Memorial Pool in the City of Waltham no later than May 26, 2006", and moved to further amend said item by striking the figure "$750,000" and inserting in place thereof the following figure: - "$3,250,000".
Floor Number: 642 Clerk Number: 528
STATE OWNED MANNING POOL IN BROCKTON
Mr. Creedon moved that the bill be amended, in Section 2, by inserting after item 2800-0600 the following item:
"2800-0601 For the rehabilitation of the state owned Manning Pool in the City of Brockton .............$1,200,000
Floor Number: 643 Clerk Number: 68
TRAILS RESTORATION - BRADLEY STATE PARK
Mr. Tarr moved that the bill be amended, in Section 2, in item 2810-0100 by inserting, following the words "Schooner Ernestina Commission" the following: - "provided further that $100,000 shall be expended for the restoration of trails at Bradley State Park."
Floor Number: 644 Clerk Number: 189
RELATIVE TO THE RECONSTRUCTION OF VETERANS RINK
Mr. Barrios (on behalf of the late Senator Charles E. Shannon and his office) moved that the bill be amended, in Section 2, in item 2810-0100 by inserting after the words "Schooner Ernestina Commission;" the following:-- "provided further, that not less than $6,000,000 shall be expended for the reconstruction of Veterans Rink in the City of Somerville", and by striking the figure "19,007,437" and inserting in place thereof the following:-- "$25,007,437".
Floor Number: 645 Clerk Number: 396
HINGHAM ANNEX BUILDING DEMOLITION
Mr. Hedlund moved that the bill be amended, in Section 2, by striking out item 2810-0100 and inserting in place thereof the following item: -
"2810-0100 For the operations of the division of state parks and recreation; provided, that funds appropriated in this item shall be used to operate all of the division's parks, heritage state parks, reservations, campgrounds, beaches and pools and for the oversight of rinks, to protect and manage the division's lands and natural resources including the forest and parks conservation services and the bureau of forestry development; provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that the department may issue grants to public and nonpublic entities from this item; provided further, that $100,000 shall be expended for the Schooner Ernestina Commission; provided further, that $25,000 shall be expended for a grant to the Sutton Fire and Rescue department for park user safety equipment at the Purgatory Chasm State Reservation in the town of Sutton; provided further, that $600,000 shall be expended for the demolition of the abandoned Naval Annex Buildings located on 125 acres adjacent to Wompatuck State Park in the town of Hingham; and provided further, that the level of funding for the beaches and pools from this item in fiscal year 2006 shall not be reduced from fiscal year 2005..................$19,607,437"
Floor Number: 646 Clerk Number: 160
BROWN- COLE RECREATION CENTER
Mr. Brown moved that the bill be amended, in Section 2, in item 2820-0100, by inserting after the words " fiscal year 2005" the following:- "; provided further, not less than $90,000 shall be expended for improvements at the Cole Recreation Center in Natick"; and in said item by striking out the figures "$22,718,929" and inserting in place thereof the figures "$22,808,929".
Floor Number: 647 Clerk Number: 166
BROWN- HUNNEWELL FIELD IMPROVEMENTS
Mr. Brown moved that the bill be amended, in Section 2, in item 2820-0100, by inserting after the words "true seasonal employees" the following:- "; provided further not less than $100,000 shall be expended for improvements and lighting at the Hunnewell Field in Natick"; and in said item by striking out the figures "$22,781,929" and inserting in place thereof the figures "22,881,929".
Floor Number: 648 Clerk Number: 169
BROWN- MURPHY PLAYGROUND
Mr. Brown moved that the bill be amended, in Section 2, in item 2820-0100, by inserting after the words "true seasonal employees" the following: "Not less than $70,000 shall be expended for improvements at Murphy Playground in Natick"; and in said item by striking out the figures "$22,718,929" and inserting in place thereof the figures "22,788,929".
Floor Number: 649 Clerk Number: 172
BROWN- OAK GROVE PLAYGROUND
Mr. Brown moved that the bill be amended, in Section 2, in item 2820-0100, by inserting after the words "true seasonal employees" the following: "; provided further that not less than $50,000 shall be expended for emergency safety repairs at Oak Grove Farm Playground in Millis"; and in said item by striking out the figures "$21,420,203" and inserting in place thereof the figures "21,470,203".
Floor Number: 650 Clerk Number: 287
PINE TREE BROOK DREDGING AND CLEARING
Mr. Joyce moved that the bill be amended, in Section 2, in item 2820-0100 by inserting after the word "Boston," with the following: "provided further, that $100,000 be expended for Pine Tree Brook in the Town of Milton for the purpose of implementing Phase V of a project for clearing and dredging."