The Commonwealth of Massachusetts

 

——————————————

 

 

DEVAL L. PATRICK

GOVERNOR

 

TIMOTHY P. MURRAY

LIEUTENANT GOVERNOR

Executive Department

State House  ·  Boston 02133

(617) 725-4000

June 29, 2007.

 

To the Honorable Senate and House of Representatives:

 

I am filing for your consideration “An Act Making Appropriations for the Fiscal Year 2007 to Provide for Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects,” a bill recommending Fiscal Year 2007 supplemental appropriations totaling $131.9 million.  This legislation is necessary to address $89.8 million in immediate deficiencies and $37.5 million in new Fiscal Year 2007 appropriations being made available to support critical programs and services. In addition, it includes $4.6 million to help set the foundation for long-term changes in the public education system. 

 

The legislation also includes a $40 million transfer from the General Fund to the newly created Debt Defeasance Trust Fund in order to pay off high-interest debt of the Commonwealth.  Lastly, the legislation allows for $120.5 million in funding to be made available for spending in Fiscal Year 2008.  This includes $63 million for various projects that were funded in the General Appropriations Act and $57.5 million in new items that are being funded in this bill, but will not be spent prior to the end of this fiscal year.  

 

The supplemental items to fund existing obligations include:

•  $35.2 million for programs and services at MassHealth;

•  $22.3 million for the Committee for Public Counsel Services to fund services already provided;

•  $8.7 million for outstanding payments to business owners through the Underground Storage Tank program that reimburses gas station owners for cleaning up underground tanks consistent with Department of Environmental Protection regulations;

•  $5.2 million for various legal settlements; and

•  $5 million for Local Housing Authorities to address increased operational expenses and utility costs, among others.

 

The following Education initiatives have been included for a total of $4.6 million:

•  $2 million to fund the Dual Enrollment program,

•  $1.2 million to fund the Building Careers in Early Education grant program,

•  $500,000 to pilot a Teacher Induction Grant Program,

•  $350,000 to fund a Job Vacancy Survey

•  $200,000 to fund the Commonwealth Readiness Project,

•  $200,000 to fund the Teaching and Learning Survey, and

•  $150,000 to pilot a College Readiness Assessment.

 

These initiatives help set the foundation for the long-term changes that are required to create a world-class, comprehensive public education system that begins before kindergarten and continues through higher education, workforce development and lifelong learning.

 

I am also proposing language to create a Debt Defeasance Trust Fund and transfer $40 million from the General Fund to the fund in order to pay off high-interest debt of the Commonwealth.  This will create increased capacity to address the state’s capital project backlog and will result in debt service savings for the state’s operating budget.  This proposal is supported by the State Treasurer and is the type of smart debt management that is essential to bolster the state’s bond rating.

 

Although their text is not repeated in this bill, I strongly urge your inclusion of several outside sections related to the Inspection and Maintenance program, which I proposed in May (House, No. 4020, sections 3, 4 and 9 to13, inclusive).  Administered jointly by the Department of Environmental Protection and the Registry of Motor Vehicles, the program's goals are to provide a comprehensive test that demonstrates emission reductions, is convenient to motorists, ensures vehicle safety, and works well in local inspection shops.  The sections make minimal changes to the current operation of the program, but the changes are useful contract management tools and will allow for better fiscal management of Commonwealth funds.

 

I also urge you to include previously proposed outside sections that improve the administration of the Appellate Tax Board, and thus allow faster collection of tax revenues owed to the Commonwealth and cities and towns (House, No. 4020, sections 5 to 8, inclusive)

 

Pursuant to Section 7 of Chapter 150E of the General Laws, I submit for your consideration appropriation recommendations to fund the Fiscal Year 2008 costs contained in a collective bargaining agreement between the commonwealth and the National Association of Government Employees.  This legislation places a total of $15.9 million in a reserve from which funds may be transferred to departments’ operating accounts to meet the Fiscal Year 2008 costs of the salary adjustments and other economic benefits which are required by the agreements.  Copies of the agreement, and an estimate of its Fiscal Year 2008 costs are being submitted separately to the Committees on Ways and Means. 

 

Sufficient revenues are estimated to be available to finance these appropriations.  I urge your prompt and favorable consideration of this bill.

 

Respectfully submitted,

 

 

 


                                                                    TIMOTHY P. MURRAY,

                                                                    Lieutenant-Governor, Acting Governor


The Commonwealth of Massachusetts

 

——————————————

In the Year Two Thousand and Seven.

——————————————

 

An Act making appropriations for the fiscal year 2007 to provide for supplementing certain existing appropriations and for certain other activities and projects.

 

        Whereas, The deferred operation of this act would tend to defeat its purposes, which are forthwith to make supplemental appropriations for fiscal year 2007 and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or to accomplish other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

 

        Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

 


SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2007, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2007.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

 

SECTION 2.

JUDICIARY

Committee for Public Counsel Services

0321-1510.......................................................................................     $22,339,408

Trial Court

0331-3500.......................................................................................     $82,488

0333-1400.......................................................................................     $902,530

 

DISTRICT ATTORNEYS

Northern District Attorney

0340-0201.......................................................................................     $55,000

Eastern District Attorney

0340-0301.......................................................................................     $50,000

Middle District Attorney

0340-0400.......................................................................................     $444,977

0340-0401.......................................................................................     $10,000

Hampden District Attorney

0340-0501.......................................................................................     $75,454

Northwestern District Attorney

0340-0601.......................................................................................     $20,000

Plymouth District Attorney

0340-0800.......................................................................................     $504,652

0340-0801.......................................................................................     $42,900

Bristol District Attorney

0340-0900.......................................................................................     $220,372

Cape and Islands District Attorney

0340-1001.......................................................................................     $50,000

Berkshire District Attorney

0340-1101.......................................................................................     $92,500

 

OFFICE OF THE STATE COMPTROLLER

Office of the State Comptroller

1599-3384.......................................................................................     $5,180,000

 

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Department of Revenue

1232-0100.......................................................................................     $8,702,000

Human Resources Division

1750-0100.......................................................................................     $620,930

1750-0300.......................................................................................     $450,000

Information Technology Division

1790-0100.......................................................................................     $344,640

 

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary of Health and Human Services

4000-0500.......................................................................................     $35,221,310

Massachusetts Rehabilitation Commission

4120-2000.......................................................................................     $2,893,000

 

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Housing and Community Development

7004-9005.......................................................................................     $5,000,000

 

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Military Division

8700-0001.......................................................................................     $272,000

 

SECTION 2A.  To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2007.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

 

EXECUTIVE OFFICE

Office of the Governor

 

0411-1003  For costs associated with maintaining and enhancing the Commonwealth’s Washington DC office for the purpose of better coordinating all activities and programs that receive or may potentially receive federal funds or are regulated by federal agencies................................................................................... $453,292

 

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

 

1100-1200  For the executive office for administration and finance to carry out expanded responsibilities associated with an analysis of the commonwealth’s capital planning, the development of performance budgeting, and improving the efficiency of state government............................................................................. $845,000

1599-0053....... For a special commission established by executive order that will prepare a 10-year strategic plan for the systemic reform of public education in the commonwealth.............................. $200,000

1599-0054  For the costs associated with implementing a survey of all teachers in Massachusetts public schools to solicit their views regarding the environment for teaching and learning, including but not limited to facilities, resources, leadership, professional development, time, empowerment and other factors relevant to the quality of teaching and learning as well as the support and retention of teachers........................................................ $200,000

1599-0055  For a competitive grant program at the department of education; provided, that the grants fund a pilot program in qualifying school districts to enable the creation of a comprehensive district-wide plan for the systemic support for teachers in their first 3 years and the implementation of 1 component of that plan; provided further, that applicant qualifications will be determined by the department of education; and provided further, that a qualified applicant must name a district planning team that draws on the entire school community, including but not limited to educators, parents, businesses, and local collective bargaining units....................................................... $500,000

1599-4231  For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the National Association of Government Employees, and to meet the fiscal year 2008 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2008 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means    $15,920,000

1599-7050  For the purposes of initial administrative and program expenses associated with the settlement agreement entered into by the parties of Rosie D. et al v. Romney at MassHealth, the executive office of health and human services, the department of mental health, the department of youth services, and the department of social services; provided, that the executive office shall submit to the executive office for administration and finance and to the house and senate committees on ways and means, not later than November 17, 2007, a report detailing the implementation of the settlement agreement, dated August 29, 2006, and entered into by the parties of Rosie D. et al v. Romney, civil action No. 01-30199-MAP, filed in the United States District Court in order to provide community-based services to children suffering from severe emotional disturbances, which shall include a schedule detailing the commencement of services and the cost to implement the settlement by service type..................................................... $7,797,429

1599-8700  For a reserve to the town of Southbridge for a one-time payment related to the purchase of an armory  $737,000

1599-8900  For a reserve for mental health costs at the department of corrections relating to the Hayes report on inmate suicide prevention and other corrective action recommendations........................ $6,906,646

 

Human Resources Division

1750-0202    For one-time costs in carrying out the settlement agreement in Jacob Bradley v. City of Lynn, including establishing 2 additional firefighter physical abilities testing sites and converting the firefighter physical abilities test to a weighted and graded exam system ............................................................... $350,000

 

EXECUTIVE OFFICE OF ENERGY AND

ENVIRONMENTAL AFFAIRS

Department of Public Utilities

 

7006-0090  The department of telecommunications and energy may expend revenues collected up to $375,000 for the operation of the energy facilities siting board................................................... $300,000

 

DEPARTMENT OF EARLY EDUCATION AND CARE

Department of Early Education and Care

 

3000-7080  For the purpose of establishing a state grant program administered by the department of early education and care, in cooperation with the board of higher education, to supplement and adhere to the guidelines of the discontinued Building Careers in Early Education to Support Inclusive Programs and Curriculum federal grant         $1,200,000

 

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary of Health and Human Services

 

4000-0050  For the Personal Care Attendant quality home care workforce council established under sections 28 through 33, inclusive, of chapter 118G of the General Laws........................................ $852,113

Department of Transitional Assistance

 

4401-1100  The department of transitional assistance may expend not more than $7,400,000 from revenue received from the United States Department of Agriculture for food stamp outreach and employment and training programs and any enhanced funding or bonuses; provided, that the department may expend such revenue for employment and training services provided to recipients of transitional aid to families with dependent children        $2,400,000

 

EXECUTIVE OFFICE OF LABOR AND

WORKFORCE DEVELOPMENT

Office of the Secretary of Labor and Workforce Development

 

7002-0014  For the purposes of administering the job vacancy survey.......... $350,000

 

DEPARTMENT OF EDUCATION

Department of Education

 

7069-9608  For the purposes of developing and administering a competitive grant program at the department of education to fund pilot programs in qualifying school districts to enable high school sophomores to take college placement assessments................................................................................................ $150,000

 

BOARD OF HIGHER EDUCATION

Board of Higher Education

 

7066-0019  For the board of higher education to make payments to public higher education institutions for the dual enrollment program allowing qualified high school students to take college courses; provided that public higher education institutions may offer courses in high schools in addition to courses offered at the institutions or online if the number of students is sufficient................................................................................................ $2,000,000

 

SECTION 2B.  To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2007, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations, and to meet certain requirements of law, the sums set forth in this section are hereby authorized from the Intragovernmental Service Fund for the several purposes specified in this section or in the appropriation acts, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2007.  These sums shall be in addition to any amounts previously authorized and made available for the purposes of those items.

 

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Department of State Police

8100-0002.......................................................................................     $395,854

 

SECTION 2C.I.  For the purpose of making available in fiscal year 2008 balances of appropriations which otherwise would revert on June 30, 2007, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, and the unexpended balance of all appropriations in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of the general appropriation act for fiscal year 2007.  However, for items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts.  Amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 of the general appropriation act; provided, however, that for items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts.  The sums re-appropriated in this section shall be in addition to any amounts available for these purposes.

 

JUDICIARY

Committee for Public Counsel Services

0321-1513.......................................................................................     $375,000

Trial Court

0331-3500.......................................................................................     $82,488

0333-1400.......................................................................................     $902,530

 

OFFICE OF THE STATE COMPTROLLER

Office of the State Comptroller

1599-3384.......................................................................................     $5,180,000

 

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

 

1100-1100.......................................................................................     $150,000

1100-1200.......................................................................................     $845,000

1599-0053.......................................................................................     $200,000

1599-0054.......................................................................................     $200,000

1599-0055.......................................................................................     $500,000

1599-2005.......................................................................................     $1,432,000

1599-2006.......................................................................................     $5,137,981

1599-4200.......................................................................................     $11,000

1599-4201.......................................................................................     $15,000

1599-4231.......................................................................................     $15,920,000

1599-6901.......................................................................................     $651,385

1599-7050.......................................................................................     $7,797,429

1599-8700.......................................................................................     $737,000

1599-8900.......................................................................................     $6,906,646

 

Human Resources Division

1750-0100.......................................................................................     $620,930

1750-0202.......................................................................................     $350,000

 

Information Technology Division

1790-0100.......................................................................................     $344,640

 

EXECUTIVE OFFICE OF ENERGY AND

ENVIRONMENTAL AFFAIRS

Office of the Secretary of Energy and Environmental Affairs

2000-0100.......................................................................................     $520,000

2000-9900.......................................................................................     $250,000

2030-1000.......................................................................................     $80,000

 

Department of Agricultural Resources

2511-0100.......................................................................................     $853,089

 

Department of Conservation and Recreation

2800-0100.......................................................................................     $30,000

2800-0101.......................................................................................     $125,000

2810-0100.......................................................................................     $570,000

2820-0100.......................................................................................     $270,000

 

DEPARTMENT OF EARLY EDUCATION AND CARE

Department of Early Education and Care

3000-7080.......................................................................................     $1,200,000

 

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary of Health and Human Services

4000-0050.......................................................................................     $852,113

 

Division of Health Care Finance and Policy

4100-0060.......................................................................................     $396,000

 

Department of Public Health

4512-0500.......................................................................................     $150,000

4570-1502.......................................................................................     $185,000

 

Department of Transitional Assistance

4400-1001.......................................................................................     $700,000

 

Department of Social Services

4800-0015.......................................................................................     $600,000

 

Massachusetts Rehabilitation Commission

4120-2000.......................................................................................     $2,893,000

 

Department of Veterans' Services

1410-0251.......................................................................................     $278,000

 

EXECUTIVE OFFICE OF TRANSPORTATION

AND PUBLIC WORKS

Office of the Secretary of Transportation and Public Works

6000-0300.......................................................................................     $14,300,000

 

EXECUTIVE OFFICE OF HOUSING AND

 ECONOMIC DEVELOPMENT

Office of the Secretary of Housing and Economic Development

7002-0013.......................................................................................     $1,240,370

7002-0045.......................................................................................     $103,700

 

Department of Housing and Community Development

7004-0099.......................................................................................     $1,767,886

7004-9005.......................................................................................     $5,000,000

 

Business and Technology

7007-0300.......................................................................................     $370,000

 

Division of Banks

7006-0010.......................................................................................     $100,000

 

EXECUTIVE OFFICE OF LABOR AND

WORKFORCE DEVELOPMENT

Office of the Secretary of Labor and Workforce Development

7002-0014.......................................................................................     $350,000

 

Department of Workforce Development

7002-0100.......................................................................................     $500,000

7003-0605.......................................................................................     $458,409

7003-0701.......................................................................................     $18,000,000

 

DEPARTMENT OF EDUCATION

Department of Education

7030-1002.......................................................................................     $400,000

7035-0006.......................................................................................     $400,000

7053-1925.......................................................................................     $1,200,000

7061-9404.......................................................................................     $3,900,000

7069-9608.......................................................................................     $150,000

 

BOARD OF HIGHER EDUCATION

Board of Higher Education

7066-0019.......................................................................................     $2,000,000

7070-0065.......................................................................................     $437,000

 

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Office of the Secretary of Public Safety and Security

8000-0000.......................................................................................     $150,000

8000-0036.......................................................................................     $4,176,000

8000-0038.......................................................................................     $250,000

 

Massachusetts Emergency Management Agency

8800-0400.......................................................................................     $150,000

 

SECTION 2C.II.  For the purpose of making available in fiscal year 2007 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2007, the unexpended balances of the authorizations listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2B of the general appropriation act for fiscal year 2007.  However, for items which do not appear in section 2 or 2B of the general appropriation act, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2, 2A, or 2B of this act or in prior appropriation acts.  Amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2 or 2B of the general appropriation act; however, for items which do not appear in section 2 or 2B of the general appropriation act, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2, 2A, or 2B of this act or in prior appropriation acts.  The sums re-authorized in this section shall be in addition to any amounts available for those purposes.

 

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Department of Public Utilities

7006-0090.......................................................................................     $375,000

 

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Transitional Assistance

4401-1100.......................................................................................     $3,500,000

 

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Municipal Police Training Committee

8200-0222.......................................................................................     $121,305

 

Department of Public Safety

8315-1020.......................................................................................     $100,000

 

Intercept Fee -1

 

SECTION 3.  Section 8 of chapter 7A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

The comptroller shall set late charges and flat fees in accordance with section 29H of chapter 29.

 

Intercept Fee - 2

 

SECTION 4.  Subsection (a) of section 18 of chapter 7A, as so appearing, is hereby amended by striking out clause (6) and inserting in place thereof the following clause:-

(6) that the comptroller may establish late charges and flat fees as provided in section 29H of chapter 29 and retain and expend them, without further appropriation, in consultation with the information technology division of the executive office for administration and finance, for the costs of electronic revenue collection options, including intercept under clause (4), that increase revenue and debt collection within the commonwealth.

 

Debt Defeasance Trust Fund

 

SECTION 5.  Chapter 10 of the General Laws is hereby amended by inserting after section 35CC the following section:-

Section 35DD.  There shall be established and set up on the books of the commonwealth a separate fund to be known as the Debt Defeasance Trust Fund, to be used to purchase securities to be held for the credit of sinking funds established under section 49 of chapter 29 for the purpose of paying, at maturity or upon redemption, bonds of the commonwealth.

 

CAT Payments from OCIP to TIF -1

 

SECTION 6.  Section 63 of chapter 10, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 6 to 8, the words "and (iii) for the period covering July 1, 2005 to June 30, 2008, excess registry fees not required for the purposes of clauses (i) and (ii)" and inserting in place thereof the following words:- (iii) the principal and interest expenses on bonds or notes issued after July 1, 2007 to pay costs of these projects; (iv) payments or credits to the federal government to reimburse it for any costs of the Central Artery/ Ted Williams Tunnel Project paid by the federal government for which it is entitled to reimbursement from amounts received and deposited in the fund; and (v) for the period covering July 1, 2005 to June 30, 2009, excess registry fees not required for the purposes of clauses (i), (ii), (iii) and (iv).

 

CAT Payments from OCIP to TIF -2

 

SECTION 7.  Section 63 of chapter 10, as so appearing, is hereby further amended by inserting after the word "commonwealth,", in line 24, the following words:-sums recovered under section 83 of chapter 4 of the acts of 2003, any sums recovered through insurance related to the project, sums received by the Massachusetts Turnpike Authority from the sale, lease, license or other use of any land or facility that the authority is required by law or contract to pay to the commonwealth for costs of the project or to reimburse the commonwealth for costs of the project.

 

CAT Payments from OCIP to TIF -3

 

SECTION 8.  Section 63 of chapter 10, as so appearing, is hereby further amended by striking out the last 2 paragraphs and inserting in place thereof the following paragraph:-

      At the direction of the secretary of administration and finance, the comptroller shall make payments from the fund established by this section, without further appropriation, for the purposes specified in this section.

 

Affordable Housing

 

SECTION 9.  Section 27 of chapter 23B of the General Laws, as so appearing, is hereby amended by striking out, in lines 45 to 48, the words  ", however, that such repayment proceeds shall be used for the benefit of low and moderate income tenants pursuant to this program; and provided, further, that MHFA shall not waive any loan in whole or in part" and inserting in place thereof the following words:- that MHFA shall not waive any loan in whole or in part.  The repayment proceeds shall be used by the MHFA for the benefit of low and moderate income households under this program and through the transfer of these repayments to the department, to be used under the direction of the undersecretary for housing and community development in support of the following:  (1) payments to cities and towns under section 9 of chapter 40R; (2) technical assistance to cities and towns engaged in comprehensive planning related to the development of affordable housing plans; and (3) efforts to develop housing in collaboration with employers.  This transfer of repayment proceeds shall occur annually commencing with an initial transfer of not more than $15,000,000.

 

Division of Energy Resources Credit Trust Fund

 

SECTION 10.  Section 13 of chapter 25A of the General Laws, as so appearing, is hereby amended by striking out, in lines 15 to 16, the words ", subject to appropriation,".

 

Intercept Fees - 3

 

SECTION 11.  Chapter 29 of the General Laws is hereby amended by striking out section 29H, as so appearing, and inserting in place thereof the following section:

Section 29H.  (a) Except as otherwise provided by law, the comptroller may assess late charge rates, in addition to any other late fees or interest provided by law, against any person, entity or contractor owing an overdue payment to the commonwealth, or to a city, town housing or other authority or entity as provided under section 8 of chapter 7A, subject to the following provisions:

      (1) that the required payment date shall be the date on which payment is due under the laws, rules or regulations administered by the comptroller or other entity authorized to charge a late fee or interest; and

(2) that notice of intent to assess and collect late charges through debt collection, intercept, or other legal process shall be provided to the debtor prior to collection.

(b) The comptroller may adopt rules and regulations to implement this section.

(c) The comptroller shall deposit all late fees and interest that the comptroller collects on behalf of the commonwealth in the revenue account that pertains to the original accounts receivable, and shall retain and expend all other late charges assessed under this section without further appropriation, in consultation with the information technology division of the executive office for administration and finance, for the costs of electronic revenue collection options, including intercept, that increase revenue and debt collection within the commonwealth.

(d) The comptroller shall include in the annual financial report a summary report on any late charges collected under this section during the preceding fiscal year. The report shall include the number, amounts, and frequency of late charges collected, summarized by state agency and secretariat, where applicable.

     

Bond Allocation

 

SECTION 12.  Section 49 of chapter 29 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word "foregoing", in line 121, the following sentence: - The state treasurer may, in lieu of allocating proceeds in accordance with clause (ii) of the preceding sentence, allocate proceeds of the issue to expenditures incurred under 1 or more bond authorization acts not specified at the time of issuance, including without limitation bond authorization acts enacted after the time of issuance, so long as the term limitations contained in the substituted bond authorization acts and the related term recommendations of the governor are not inconsistent with the term of the consolidated issue.

 

Executive Director of Massachusetts Turnpike Authority

 

SECTION 13.   Paragraph (d) of section 2 of chapter 81A of the General Laws, as inserted by section 9 of chapter 196 of the acts of 2004, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:-  The salary of the executive director shall not be less than $160,000 and shall not exceed  $190,000, exclusive of benefits.

 

Plans and Specification Refunds

 

SECTION 14.  Section 44B of chapter 149 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 3 to 4, the words "without cost or charge, except for a fully refundable deposit for return of the same in good condition,"  and inserting in place thereof the following words:-  at a minimal cost.

 

CAT Payments from OCIP to TIF -4

 

SECTION 15.  Section 9 of chapter 125 of the acts of 2000 is hereby amended by striking out, in line 6, the date "July 31, 2008" and inserting in place thereof the following date:-  June 30, 2009.

 

CAT Payments from OCIP to TIF - 5

 

SECTION 16.  Section 83 of chapter 4 of the acts of 2003 is hereby amended by striking out paragraph (c) and inserting in place thereof the following paragraph:-

(c) Notwithstanding any general or special law or contract to the contrary, any sums recovered under this section shall be deposited in the Central Artery and Statewide Road and Bridge Infrastructure Fund established under section 63 of chapter 10 of the General Laws.  The Comptroller shall notify the house and senate committees on ways and means not later than 30 days after any such deposit in that fund.

 

Further increase prior year spending authorization for 0321-1520

 

SECTION 17.  Item 0321-1520 of section 2 of chapter 139 of the acts of 2006, as amended by section 12 of chapter 42 of the acts of 2007, is hereby further amended by striking out the figure "$1,068,670" and inserting in place thereof the following figure: - $1,200,000.

 

Commonwealth Debt Service Appropriations

 

SECTION 18.  Item 0699-9100 of section 2 of chapter 139 of the acts of 2006 is hereby amended by inserting after the word “Laws” the following words:-  and for the payment to the United States under section 148 of the Internal Revenue Code of 1986 of any rebate amount or yield reduction payment owed with respect to any bonds or notes or other obligations of the commonwealth.

 

Food Stamp TBA language

 

SECTION 19.  Item 4403-2000 of section 2 of chapter 139 of the acts of 2006 is hereby amended by adding the following words:-  ; provided further, that the department may provide state-funded transitional benefits alternative payments to those recipients ineligible for those payments through the federal food stamp program because assistance under this item was paid by a solely state-funded program; and provided further, that the department may reimburse the United States Department of Agriculture for these transitional benefit alternative payments made in fiscal year 2007.

 

Prior Appropriation Continued for Mass Office for Travel and Tourism

 

SECTION 20.  Item 7007-0900 of section 2 of chapter 139 of the acts of 2006 is hereby amended by adding the following words:-  and provided further, that for the purpose of this item, appropriated funds may be expended through June 30, 2008.

 

Technical Amendments to Ch. 27 Account Numbers

 

SECTION 21.  Section 2 of chapter 27 of the acts of 2007 is hereby amended by striking out the item number "0610-2365", wherever it appears, and inserting in place thereof, in each instance, the following number:-  0610-2366.

 

Federal Revenue Re-Investment for IT Projects

 

SECTION 22.  Item 1790-2015 of section 2 of chapter 27 of the acts of 2007 is hereby amended by adding the following words:-  ; provided, that any federal reimbursement received in connection with projects funded from this item may be retained in and expended for the purposes of the project, without further appropriation, in addition to the amounts appropriated in this item; and provided further, that the executive office of health and human services shall file a quarterly report with the executive office for administration and finance, the house and senate committees on ways and means, and the joint committee on bonding, capital expenditures, and state assets that details, by project, an annual estimate of anticipated federal reimbursement to be received on behalf of and expended for the project, as well as year-to-date actual federal reimbursement received and year-to-date actual expenditures of the reimbursement, by project.

 

Technical Amendments to Ch. 27 Account Numbers

 

SECTION 23.  Section 2 of chapter 27 of the acts of 2007 is hereby further amended by striking out the item number "2000-2014" and inserting in place thereof the following number:-  2000-2028.

 

Technical Amendments to Ch. 27 Account Numbers

 

SECTION 24.  Section 2 of chapter 27 of the acts of 2007 is hereby further amended by striking out the item number "2000-2021" and inserting in place thereof the following number:-  2000-2029.

 

Technical Amendments to Ch. 27 Account Numbers

 

SECTION 25.  Section 2 of chapter 27 of the acts of 2007 is hereby further amended by striking out the item number "2200-2012" and inserting in place thereof the following number:-  2200-2018.

 

Technical Amendments to Ch. 27 Account Numbers

 

SECTION 26.  Section 2 of chapter 27 of the acts of 2007 is hereby further amended by striking out the item number "2200-2013" and inserting in place thereof the following number:-  2200-2019.

 

Technical Amendments to Ch. 27 Account Numbers

 

SECTION 27.  Section 2 of chapter 27 of the acts of 2007 is hereby further amended by striking out the item number "8000-2010" and inserting in place thereof the following number:-  8000-2013.

 

Technical Amendments to Ch. 27 Account Numbers

 

SECTION 28.  Section 2 of chapter 27 of the acts of 2007 is hereby further amended by striking out the item number "8100-0004" and inserting in place thereof the following number:-  8100-0025.

 

CAT Payments from OCIP to TIF - 6

 

SECTION 29.  Notwithstanding any general or special law to the contrary, any amounts recovered or received under section 63 of chapter 10 of the General Laws, as amended by sections 6, 7 and 8 of this act, on or after May 17, 2007 and prior to the effective date of this act shall be transferred to the Central Artery and Statewide Road and Bridge Infrastructure Fund.

 

Hospitals in Financial Distress

 

SECTION 30.  Notwithstanding any general or special law to the contrary, the comptroller, in consultation with the secretary of health and human services, shall develop a schedule for transferring not less than $9,500,000 from the General Fund to the Essential Community Provider Trust Fund established under section 2PPP of chapter 29 of the General Laws.  This transfer shall be effective not later than June 30, 2007, and all funds made available under this section shall be distributed to hospitals in accordance with subsection (b) of section 1 of chapter 175 of the acts of 2006.

 

Transfer to Debt Defeasance Trust Fund

 

SECTION 31.  Notwithstanding any general or special law to the contrary, $40,000,000 shall be transferred to the Debt Defeasance Trust Fund established by section 5 to be used, without any further appropriation, for the purpose of purchasing securities to be held for the credit of 1 or more sinking funds to be established in accordance with section 49 of chapter 29 of the General Laws.  The moneys in each such sinking fund shall be applied to pay, at maturity or upon redemption, bonds of the commonwealth to be identified by the state treasurer at the time the sinking fund is established, including the payment of any redemption premium on those bonds and any interest accrued or to accrue to the date of maturity or earlier redemption of the bonds.  In selecting the bonds to be paid from the sinking fund or funds, the state treasurer shall attempt to maximize the debt service savings to be produced.  The state treasurer may enter into agreements with trustees for the purpose of establishing the sinking fund or funds for the benefit of the holders of the bonds to be paid under this section.  The provisions of section 49 of chapter 29 of the General Laws applicable to sinking funds established with trustees which are not otherwise inconsistent with this section shall apply to the deposit of funds under this section.  Not later than 30 days after the establishment of any sinking fund under this section, the state treasurer shall provide the secretary of administration and finance, the comptroller and the chairmen of the house and senate committees on ways and means with a detailed report identifying by fiscal year the debt service payments of the commonwealth to be made from the sinking fund.

 

Executive Office for Health and Human Services Lease

 

SECTION 32.  Notwithstanding chapter 7 of the General Laws or any other general or special law or regulation to the contrary, the commissioner of capital asset management and maintenance may, on behalf of the executive office of health and human services, the department of transitional assistance, and the department of industrial accidents, renegotiate the facilities leases at 600 Washington Street, Boston by those 3 offices and departments to extend the leases for a period not to exceed 3 years beyond the 10-year limitation stipulated in chapter 7, notwithstanding the expiration of those leases on or before the effective date of this section.

 

MassHealth - Accounts Payable Contract Language

 

SECTION 33.  Notwithstanding any general or special law or rule or regulation to the contrary, any unexpended balances in items 4000-0600 and 4000-0700 of section 2 of chapter 139 of the acts of 2006 shall not revert to the General Fund until September 15, 2007, and may be used by the executive office of health and human services to pay for services provided during fiscal year 2007, but not more than $14,000,000 shall be expended from 4000-0600 after June 30, 2007 under contracts for the community choices program, and not more than $6,000,000 shall be expended from 4000-0700 after June 30, 2007 under fiscal year 2007 interagency service agreements.

 

Effective Date for Federal Revenue Re-Investment for IT Projects

 

SECTION 34.  Section 22 shall take effect as of April 24, 2007.