| Senate, November 2, 2005 The committee on Ways and Means to whom was referred the House Bill relative to economic investments to promote job creation, economic stability, and competitiveness in the Massachusetts economy (House 4429), with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate Document number 2256; by insering before the enacting clause an emergency preambe. Cost: $273,656,666 (operating funds) |
SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2006 for the purpose of funding one-time costs for certain capital spending, public investment, and bonded debt of the commonwealth, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those other appropriation acts, for the several purposes and subject to the conditions specified in this act or in these other appropriation acts and subject to laws regulating the disbursement of public funds for the fiscal year ending June 30, 2006. The sums in said section 2 shall be in addition to any amounts previously appropriated and made available for the purposes of those items.
SECTION 2.
EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE
Division of Administrative Law Appeals
1110-1000 ....................................................................................................................... $250,000
EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Department of Workforce Development
7002-0100 ........................................................................................................................... $500,000
7003-0605 .......................................................................................................................... $556,666
7003-0702 ........................................................................................................................... $700,000
Department of Business and Technology
7007-0900 ........................................................................................................................ $8,650,000
7007-1000 ........................................................................................................................... $500,000
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, for the several purposes and subject to the conditions specified in this section, and subject to laws regulating the disbursement of public funds for the fiscal year ending June 30, 2006. The sums shall be in addition to any amounts previously appropriated and made available for the purposes of these items.EXECUTIVE OFFICE FOR ADMINISTRATIVE AND FINANCE
Reserves
1599-1966
To provide for transportation improvements, to include road, pedestrian and infrastructure projects; provided, that $2,500,000 shall be expended for the construction of a Back Bay Connector in the Allston Landing area in the city of Boston; and provided further, that $17,000,000 shall be expended for interchanges on state highway route 24 for access to the Fall River and the Freetown Industrial Parks ......................................... $19,500,000
1599-3750
For a reserve to fund capital projects at the university of Massachusetts; provided, that $30,000,000 shall be expended on the parking garage at the university of Massachusetts Boston...................................... $30,000,000
1599 – 3751
For a reserve for facility improvements, or for design and construction of new facilities to promote nano-manufacturing and bio-manufacturing; provided, that these funds monies shall be used for infrastructure, equipment and operating costs related thereto; provided further, that not less than $21,000,000 shall be committed to the University of Massachusetts Lowell for the purposes of constructing a nano-manufacturing and bio-manufacturing facility; provided further, that funds appropriated in this item may be transferred to the University of Massachusetts Building Authority for these facility improvements and design and construction; provided further that of the funds appropriated in this item, those funds used for any facility owned by the corporation established pursuant to section 60 may be paid in the form of lease payments for a term of up to 50 years; provided further, that the University of Massachusetts Building Authority shall submit to the clerks of the house and senate and the secretary of administration and finance a report which includes the following: (1) a copy of any service agreements between the University of Massachusetts and the corporation authorized in section 60, which shall include provisions addressing the respective intellectual and other property rights and interests of the parties, the disbursement and assignment of profits, royalties and other benefits, and ethical rules and disclosure requirements of the public and private employees, (2) a detailed list of all private donors and amounts donated for each facility, (3) a plan for design, construction, operation and maintenance and all associated costs and revenues of each facility, including the projected timeline for the completion of all phases of the project, and (4) a description of proposed title to any and all assets associated with each facility; provided further, that in the construction and financing of these nano-manufacturing and bio-processing facilities, notwithstanding any general or special law to the contrary, the Authority may use an alternative mode of procurement of design and construction, including but not limited to, sequential construction management, turnkey, design/build procurement and the phasing of such procurement, including, but not limited to, approval of design and construction stages as separate for combined phases; provided further, that the ability to ensure labor harmony during all phases of these projects shall be determined so as to most efficiently, economically and best serve the interests of the Authority, provided further, that the Authority may assess liquidated damages and terminate any contract for failure to maintain this labor harmony; and provided further, that the payment of prevailing wages shall be required for all phases of these projects …….............................. $21,000,000
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
Office of the Secretary
Department of Agricultural Resources
2511-2000Executive Office of Transportation
6033-0430EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Office of the Secretary
7002-0013Department of Workforce Development
7003-0805Department of Housing and Community Development
7004-0089
For a one time grant to the city of Worcester, on or before December 31, 2005, for use by the city in the financing of the public improvements associated with the CitySquare project....................................$25,000,000
7004-1500
For the purposes of funding the employer-assisted housing program established pursuant to section 62 of this act............$5,000,000
Department of Business and Technology
7007-0310
For the Massachusetts business resource team to manage and market an online inventory of priority development properties and other development sites as established in chapter 43D of the General Laws ....... $1,100,000
7007-0333
For the establishment within the Massachusetts office of business development of an in-state sales force for the marketing and promotion of the commonwealth and to increase economic development within the commonwealth; provided, that the sales force’s duties shall include, but not be limited to, the encouragement of retention, expansion, and creation of businesses and industries within the commonwealth, and the development of standards and measures to monitor and report the progress of its actions; provided further, that the Massachusetts office of business development shall aggregate all such data and annually submit a report to the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on labor and workforce development, and the joint committee on community development and small businesses on the activities and expenditures undertaken with funding from this line item......................$1,500,000
7007-0520
For the Massachusetts Technology Development Corporation, established pursuant to section 3 of chapter 40G of the General Laws, in this item called MTDC; provided, that upon receipt of this appropriation, MTDC shall deposit $2,500,000 in the fund created pursuant to section 4 of said chapter 40G and shall invest that amount in accordance with said section 4; provided further, that the MTDC shall deposit the remaining $2,500,000 in a new fund, which the MTDC may establish and which shall be called the Heritage Fund; provided further, that the Heritage Fund shall be invested in accordance with section 4B of said chapter 40G; provided further, that MTDC may also seek and secure additional assets from public and private investment managers to establish one or more funds to be called the Heritage Co-Investment Funds, which shall become co-investors along with the commonwealth and other funds; provided further, that the Heritage Fund and the Heritage Co-Investment Funds shall be held in an account separate from all other funds and accounts of MTDC; provided further, that earnings from the investment of each of the funds shall be credited to them and losses, if any, from such investment shall be charged against them; provided, further that the assets of these funds may be invested with the assets of other funds owned or managed by MTDC, but investments, earnings and losses therefrom shall be apportioned and accounted to each participating fund in proportion of its share of the total investment; provided further, that in no event shall losses of these funds be charged against any other funds of MTDC; provided further, that, subject to the terms of an agreement between MTDC and the secretary of administration, a share of the net gains from the investments of the Heritage Fund shall be distributed to the General Fund; provided further, that, beginning April 1, 2006, the board of directors of MTDC shall submit a quarterly report to the house and senate committees on ways and means, and the joint committee on economic development and emerging technologies on the number and nature of early stage technology companies, both startup and expansion, operating in the commonwealth in which MTDC has invested in as a result of funds transferred to MTDC pursuant to this item, the number and nature of jobs created in the Commonwealth as a result of investments made by MTDC from funds transferred to MTDC pursuant to this item, the amount of private investments leveraged for these companies as a result of investments made by MTDC, the internal rate of return on the entire portfolio of investments made by MTDC from funds transferred pursuant to this item, the cumulative realized gains on equity investments made by MTDC since the transfer of funds authorized by this item, the cumulative realized losses on both debt and equity investments made by MTDC since the transfer of funds authorized by this item, and the management fees received by MTDC from the funds.................................... $5,000,000
7007-0525
For the Massachusetts Technology Park Corporation for the purposes of a grant program established in section 65 of this act........$3,000,000
7007-0530
The department shall make available to the city of Westfield a one-time grant of not less than $2,500,000 for the purpose of assisting with economic development engineering and infrastructure improvements; provided, that funds from this one-time grant shall used in conjunction with the construction of an approximately 1.5 million square foot retail distribution facility to be located in the vicinity of North road and Falcon drive in the city of Westfield.....$2,500,000
7007-0535
For the Massachusetts Technology Transfer Center at the University of Massachusetts established in section 45 of chapter 75 of the General Laws; provided, that not less than $500,000 of this amount shall be made available as a one-time grant to the center for economic analysis and assessment within the McCormack Graduate School of Policy Studies' Center for State and Local Policy, $100,000 of which shall be expended by the center for economic analysis and assessment to commission a comprehensive manufacturing study from the Northeastern Center for Urban and Regional Policy; provided further, that the center for economic analysis and assessment shall seek a 1-to-1 match of non-state dollars to conduct the study; provided further, that the study shall investigate and document (1) the types of products that are manufactured in the Commonwealth today; (2) where the products are made, by city or town; (3) the number of employees at each manufacturing site; (4) manufacturing trends; (5) existing linkages between suppliers and customers; (6) how technology and modern production processes are integrated into operations; (7) the reasons certain manufacturers are successful in the Commonwealth; (8) the current impediments to successful manufacturing in the Commonwealth; (9) how educational institutions support manufacturing; (10) and economic development policies that are successful in promoting manufacturing in the Commonwealth; provided further, that the study shall be submitted to the house and senate committees on ways and means and the joint committee on economic development and emerging technologies by November 30, 2006...............$3,000,000
7007-1111
For grants administered by the department of business and technology; provided, that not less than $2,000,000 shall be made available for grants to community development corporations, community development financial institutions, or community-based organizations for the purpose of providing technical assistance or training programs to businesses with 20 employees or fewer; provided further, that no single community development corporation, community development financial institution, or community-based organization shall receive a grant of more than $75,000 in any one fiscal year; and provided further, the department shall annually, on or before March 15, 2006 file a report with the house and senate committees on ways and means and the joint committee on economic development and emerging technologies.......... $2,000,000
SECTION 2B. To provide for a program of infrastructure development and improvements, the sums set forth in section 2B for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the laws regulating the disbursement of public funds and approval thereof.
EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE
Office of the Secretary
1100-8000
For the Massachusetts Opportunity Relocation and Expansion Jobs Capital Program related to site remediation, preparation and ancillary infrastructure improvement projects; provided, that the local executive of the government body and the for-profit entity involved in the project shall jointly submit a request for funding to the secretary of economic development; provided further, that all such requests to the secretary shall include sufficient documentation, including but not limited to, a project plan with specific goals and objectives that fully documents the proposed project and either that (a) the businesses associated with the project will generate substantial sales from outside the commonwealth and will result in the creation of a net increase of at least 100 new permanent full-time jobs in the Commonwealth within 24 months after receipt of a grant and commits that the jobs are to be maintained in the Commonwealth for at least a 5 year period or (b) documents an economic benefit that the secretary determines is sufficiently exceptional; provided further, that the secretary shall, not later than March 1, 2006, adopt regulations or issue guidelines regarding this proposed program; provided further, that annually on or before December 31, the secretary shall issue a written report to the clerk of the house of representatives and the clerk of the senate, which shall include detailed descriptions of any infrastructure improvement projects funded pursuant to this program and all funds expended for this purpose; provided further, that not less than $3,000,000 shall be expended for a study of the feasibility of building a tunnel for the Silver Line to travel under D Street in the city of Boston; provided further, that $5,000,000 shall be expended for a grant program to fund the rehabilitation, reconstruction and construction of sea walls, provided, that preference of funding for the renovations and construction of these sea walls shall be give to those areas that pose an immediate hazard to public safety; provided further, that $75,000 shall be expended for renovations of McKeon Field in the Hyannis section of the town of Barnstable; provided further, that not less than $250,000 shall be expended for the acquisition, design and construction of the southern extension of the Ashuwillticook Trail in the city of Pittsfield; provided further, that not more than $2,500,000 shall be expended for purchase of a certain parcel of land known as Rattlesnake Hill, in the town of Sharon; provided further, that $7,000,000 shall be expended for the renovation of the Senator William X. Wall Experiment Station; provided further, that $1,000,000 shall be expended to establish public access and a new riverfront walking and cycling path along the south side of the Merrimack river in the city of Lawrence; provided further, that $350,000 shall be expended for preparation of architectural and engineering plans for construction of an addition, including a 50-seat auditorium for tour group orientation and educational programs for the River Bend Farm Visitors Center of the Blackstone River and Canal Heritage State Park in the town of Uxbridge; provided further, that not less than $4,300,000 shall be expended for the purpose of an economic grant to the city of Boston for the Columbus Center Project; provided further, that $2,000,000 shall be expended for flood control projects in the city of Peabody; provided further, that $8,000,000 shall be expended for the preparation of final design, permitting, construction plans, specifications and construction for the route 24 project in connection with the southeastern Massachusetts bioreserve; provided further, that not less than $1,000,000 shall be expended to the city of Pittsfield for improvements to the parking in downtown Pittsfield; provided further, that $250,000 shall be expended for preparation of plans for the French River Greenway in the towns of Oxford, Webster, and Dudley to connect the Quinebaug Trail and the Mid-State Trail; provided further, that $500,000 shall be expended for the South Canal Improvement project in the city of Lawrence; provided further, that $1,000,000 shall be expended for the Old South Road and Connector Bike Path in the town of Nantucket; provided further, that $3,000,000 shall be expended for a new terminal project at the Nantucket Memorial Airport; provided further, that $2,000,000 shall be expended as a 20 per cent match of federal dollars to build a three 300-space parking garage and make rail improvements at the Ayer Massachusetts Bay Transportation Authority station; provided further, that $500,000 shall be expended to the Air National Guard to plan for the future of the Massachusetts Military Reservation as it develops a new mission; provided further, that $500,000 shall be expended to the Army National Guard for training and operations at the Massachusetts Military Reservation; provided further, that not less than $2,000,000 shall be expended for the establishment of the Cranberry Bog Renovation Innovation Program....................................... $76,910,000
1599-3748
For a reserve to fund capital projects at state and community colleges; provided, that funds expended from this item shall be prioritized to address the rehabilitation, renovation and maintenance of infrastructure identified as posing an immediate hazard to public safety; and provided further, that the secretary of administration and finance shall file a report with the house and senate committees on ways and means and the house and senate committees on higher education on or before February 21, 2006 detailing the list of projects scheduled to receive prioritized funding through this reserve.................$50,000,000
1599-3749
For a reserve to fund costs at the university of Massachusetts associated with planning, and studies, the preparation of plans and specifications, construction, renovation, reconstruction, improvement, demolition, expansion, repair, including furnishings and equipment and related administrative expenses at the university of Massachusetts for campus facilities and grounds capital projects; provided, that funds expended from this item shall be prioritized to address the rehabilitation, renovation and maintenance of infrastructure identified as posing a hazard to public safety; and provided further, that funds appropriated herein shall be transferred by the comptroller to the university of Massachusetts building authority based upon a report submitted by the president of the university of Massachusetts detailing the list of projects scheduled to receive prioritized funding through these funds; and provided further that said report shall be filed with the house and senate committees on ways and means and the house and senate committees on higher education on or before February 21, 2006.......$20,000,000
1599 – 3752
For a reserve for facility improvements, or for design and construction of new facilities to promote nano-manufacturing and bio-manufacturing; provided, that said monies shall be used for infrastructure, equipment and operating costs related thereto; provided further, that the University of Massachusetts at Lowell may borrow up to an additional $14,000,000 through the Massachusetts Health and Education Facilities Authority for the purposes of constructing a nano-manufacturing and bio-manufacturing facility; provided further, that the Massachusetts Life Sciences Center may borrow up to $10,000,000 for the purposes of the Center’s activities under chapter 23H of the General Laws; provided further, that not less than $10,000,000 shall be used for a bio-processing facility at, or near the University of Massachusetts at Dartmouth, or on behalf of a chapter 180 corporation established pursuant to section 60 of this act, subject to the discretion of the president of the University of Massachusetts; provided further, that funds appropriated in this item may be transferred to the University of Massachusetts Building Authority for these facility improvements and design and construction; provided further that of the funds appropriated in this item, those funds used for any facility owned by the corporation established pursuant to section 60 may be paid in the form of lease payments for a term of up to 50 years; provided further, that the University of Massachusetts Building Authority shall submit to the clerks of the house and senate and the secretary of administration and finance a report which includes the following: (1) a copy of any service agreements between the University of Massachusetts and the corporation authorized in section 60, which shall include provisions addressing the respective intellectual and other property rights and interests of the parties, the disbursement and assignment of profits, royalties and other benefits, and ethical rules and disclosure requirements of the public and private employees, (2) a detailed list of all private donors and amounts donated for each facility, (3) a plan for design, construction, operation and maintenance and all associated costs and revenues of each facility, including the projected timeline for the completion of all phases of the project, and (4) a description of proposed title to any and all assets associated with each facility; provided further, that in the construction and financing of said nano-manufacturing and bio-processing facilities, notwithstanding any general or special law to the contrary, the authority may use an alternative mode of procurement of design and construction, including but not limited to, sequential construction management, turnkey, design/build procurement and the phasing of such procurement, including, but not limited to, approval of design and construction stages as separate for combined phases; provided further, that the ability to ensure labor harmony during all phases of these projects shall be determined so as to most efficiently, economically and best serve the interests of the authority, provided further, that the authority may assess liquidated damages and terminate any contract for failure to maintain this labor harmony, provided further that the payment of prevailing wages shall be required for all phases of these projects......$34,000,000
EXECUTIVE OFFICE OF TRANSPORTATION
6033-0435SECTION 3. Chapter 7 of the General Laws, is hereby amended by inserting after section 23A the following section:-
Section 23B. (a) Notwithstanding any general or special law to the contrary, and to the extent permitted by federal law, a state agency or authority when purchasing products of agriculture as defined in section 1A of chapter 128, including but not limited to, fruits, vegetables, eggs, dairy products, meats, crops, horticultural products or products processed into value added products as part of a Massachusetts farm operation, shall prefer products grown in the commonwealth or products produced using products grown in the commonwealth as well as fish, seafood, and other aquatic products.
(b) To effectuate the preference for those products of agriculture grown or produced using locally grown products, the state purchasing agent responsible for procuring the products on behalf of a state agency or authority: (i) in advertising for bids, contracts or otherwise procuring products of agriculture, shall make reasonable efforts to facilitate the purchase of such products of agriculture grown or produced using products grown in the commonwealth; and (ii) purchase the products of agriculture grown or produced using products grown in the commonwealth, unless the price of such goods exceeds, by more than 10 per cent, the price of products of agriculture grown or produced using products grown outside of the commonwealth.
SECTION 4. Said chapter 7is hereby further amended by adding the following section:-
Section 57. (a) There shall be a commonwealth information technology expert task force, hereinafter referred to as the task force, consisting of 4 members to be appointed by the governor, 1 member to be appointed by the treasurer, 1 member to be appointed by the state secretary, and 1 member to be appointed by the auditor. Of the members appointed by the governor, at least 1 shall be a representative of the business community with experience in the telecommunications industry, and at least 1 shall be a representative of the business community with experience in information technology. Members of the task force shall be appointed for terms of 3 years or until a successor is appointed. Members shall be eligible to be reappointed and shall serve without compensation. A chairperson of the task force shall be elected annually from the membership. An employee of the commonwealth shall not be a member of the task force.
(b) The task force shall make recommendations concerning government information technology policy and practices. The chief information officer of the information technology division may request the task force to provide recommendations or analysis on specific matters. The task force shall issue annual reports to the governor, the general court, and the information technology advisory council established by section 390 of chapter 149 of the acts of 2004, and may issue additional reports from time to time. The task force recommendations shall address, but not be limited to, the following matters: (1) procurement policies by commonwealth agencies, constitutional offices, and other government entities concerning computer hardware and software, cellular telephones, personal data accessories, and other information technology devices; (2) format and content of web pages maintained by commonwealth agencies, constitutional offices, and other government entities; and (3) software standards governing commonwealth agencies, constitutional offices, and other government entities.
In offering recommendations, the task force’s analysis shall include, but not be limited to, the following considerations: (1) cost-benefit analysis of proposed policies or practices; (2) security of proposed policies or practices from viruses, hacking, and other breaches; (3) the extent to which the proposed policy or practice results in user-friendly applications for commonwealth employees, business entities, and members of the public; and (4) proposals and options to facilitate more efficient transactions between commonwealth entities and the public, including on-line transactions.
SECTION 5. Section 35J of chapter 10 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 23 and 24, the words: “Regional Tourism Facility Fund, established pursuant to section 42 of chapter 23G”and inserting in place thereof the following words:— Massachusetts Cultural Facilities Fund.
SECTION 6. Chapter 15A of the General Laws is hereby amended by inserting after section 4, as appearing in the 2004 Official Edition, the following section:-
Section 4A. (a) Within the board of higher education, there shall be the Robert H. Goddard Council on Science, Technology, Engineering and Mathematics Education, in this section called the council. The council shall be comprised of the following members, whom the governor shall appoint unless provided otherwise: the commissioner of the department of education or his designee; the commissioner of the department of early education and care or his designee; the director of the office of workforce development or his designee; the president of the Massachusetts Teachers Association or a designee; a chief executive officer of a life-science firm; a chief executive officer of a technology firm; a chief executive officer of a health care corporation; a chief executive officer of a consulting engineering firm; a representative of a minority-or-female led firm; the chairperson of the board of higher education or his designee; a chancellor of a state university or college or his designee; a president of a state college or his designee; a president of a community college or his designee; a superintendent of a Massachusetts public school system or his designee; the president of the Technology Education Association of Massachusetts or his designee; the executive director of the Massachusetts Technology Collaborative or his designee; the executive director of the Massachusetts Development Finance Agency or his designee; the president of Associated Industries of Massachusetts or his designee; the president of the Massachusetts Federation of Teachers or his designee; 3 members of the senate, 1 of whom shall serve as co-chair and 1 of whom shall be a member of the minority party; and 3 members of the house of representatives, 1 of whom shall serve as co-chair and 1 of whom shall be a member of the minority party.
(b) The council shall: (1) annually evaluate and make recommendations to the chancellor of higher education regarding programs supported by the pipeline fund established by section 2 MMM of chapter 29; (2) investigate, study and make recommendations to the general court on maintaining a specialized workforce to support and expand the science, technology, engineering and mathematics sectors in the commonwealth and prepare students for the demands of a knowledge-based economy of the future and attract and retain students entering the science, technology, engineering and mathematics fields of study; (3) investigate and make recommendations to the chancellor of higher education regarding similar programs throughout the commonwealth to eliminate duplication and provide for 1 coordinated, consolidated statewide network of science, technology, engineering and mathematics programs for Massachusetts students; and (4) investigate and pursue alternative funding services for the advancement of these disciplines. The council shall also investigate the public college and university system, including community colleges, to determine the feasibility of establishing job training programs specifically geared toward creating science, technology, engineering and mathematics employment opportunities and to identify and establish career ladders within science, technology, engineering and mathematics employment opportunities. The council shall also investigate the impact of changing demographics on the state and make recommendations on ways to incorporate such changes in order to enhance the state's capacity to build a strong and competitive workforce. The council shall submit quarterly reports on the fund's progress and shall, not later than December 31, submit a cumulative annual report, together with any recommendations, to the clerk of the senate, the clerk of the house of representatives, the chairs of the house and senate committees on ways and means, the chairs of the joint committee on economic development and emerging technologies, the chairs of the joint committee on labor and workforce development, the chairs of the joint committee on higher education, and the chairs of the joint committee on education. The reports shall include: (i) a list of grant recipients from the pipeline fund; (ii) the amount of each grant; (iii) the amounts of non-state funding credited to the pipeline fund; (iv) the purposes of grants from the pipeline fund; (v) an annual statement of cash inflows and outflows detailing the sources and uses of the funds; (vi) a forecast of future payments based on current binding obligations; and (vii) a detailed breakdown of the purposes and amounts of administrative costs charged to the fund.
SECTION 7. Chapter 18 of the General Laws is hereby amended by inserting after section 2 the following new section:
Section 2B. (a) The department shall provide, through its federal Food Stamp Employment and Training Program Plan, for the claiming of allowable federal matching funds as specified in subsection (c).
(b) The department shall claim federal matching funds from the United States Department of Agriculture pursuant to the federal Food Stamp Employment and Training Program for education, employment, and training services for eligible food stamp participants, including related dependent care and transportation expenses, to the fullest extent permitted by federal law.
(c) The department together with agencies and other entities that provide education, employment or training services in Massachusetts, including but not limited to the department of mental retardation, the department of mental health, the department of education, the department of workforce development, the Massachusetts rehabilitation commission, local governments, community colleges, other educational institutions, workforce organizations, and nonprofit providers of education, employment, and training services, shall continue and expand efforts to enroll eligible education, employment, and training program participants in the food stamp program and to enroll eligible food stamp participants in education, employment and training activities.
(d) The department shall expend the equivalent of $3,000,000 from revenue received from the United States Department of Agriculture as federal Food Stamp Employment and Training Program matching funds for employment and training services provided by or under contract with said department, the department of mental health, the department of mental retardation, and the Massachusetts rehabilitation commission for employment and training services provided to recipients and former recipients of transitional aid to families with dependent children; provided that this amount shall be in addition to any other sums appropriated from the general fund for such services; and provided further that any such funds received in the first half of the fiscal year shall be spent in the fiscal year in which they are received and any such funds received in the second half of the fiscal year shall be spent in that fiscal year or the subsequent fiscal year.
(e) Funds not to exceed the equivalent of 5 % of federal Food Stamp Employment and Training Program matching funds received in any fiscal year, excluding the amounts made available for expenditure by the department of transitional assistance pursuant to subsection (d),shall be made available to the department of transitional assistance for otherwise non-reimbursed administrative costs associated with claiming federal matching funds pursuant to the federal Food Stamp Employment and Training Program for education, employment and training services for eligible food stamp participants; provided further, that such funds shall be in addition to any other sums appropriated from the general fund for administration of the food stamp program.
(f) Upon application by the agencies and other entities, including but not to limited to those listed in subsection (c), whose expenditures for education or training services for food stamp participants generated the federal matching funds, funds equivalent to the remaining federal Food Stamp Employment and Training Program matching funds received in any fiscal year shall be provided on a pro rata basis to support additional education, employment and training services and related program costs and up to 5% of these funds can be used for administrative costs generated by claiming said federal matching funds; provided that the funds are not used to supplant existing services.
SECTION 8. Chapter 23A of the General Laws is hereby amended by adding the following section: --
Section 62. There shall be an interagency permitting board within the department of economic development. The members of the board shall be the secretary of economic development, the secretary of transportation, the secretary of environmental affairs, the secretary of public safety, the chair of the development coordinating council, and the executive director of the Massachusetts Development Finance Agency, or their designees. Four members shall constitute a quorum for the transaction of business. At the direction of the secretary of economic development, the board shall meet no less than 8 times per year, shall monitor the development of priority development sites as provided in chapter 43D, and investigate ways in which to expedite priority development site projects. The board shall evaluate state agency permit procedures and recommend changes for improved efficiency.
SECTION 9. Section 27 of chapter 23G of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “sources”, in line 55, the following words:-
; and (4) to provide low or no interest equipment loans targeted to companies within the defense technology and homeland security sector particularly those that are re-tooling to become more competitive against out-of-state companies.
SECTION 10. Section 29A of chapter 23G of the General Laws, as so appearing, is hereby amended by striking out, in line 67, the figure "$50,000" and inserting in place thereof the following figure:- $100,000.
SECTION 11. Said chapter 23G is hereby further amended by striking out section 42, as so appearing, and inserting in place thereof the following section:-
Section 42. (a) It is in the best public interest of the commonwealth to promote the prosperity and general welfare of all citizens by enhancing the attractiveness of all regions of the commonwealth for cultural activities by partially financing the acquisition, construction, expansion, renovation and repair of cultural facilities that may stimulate further investment in the arts, heritage, entertainment, humanities and interpretive sciences and may result in increased employment or entrepreneurial opportunities for the citizens of the commonwealth or increased tourism to the region where the facility is located, including tourism from outside the commonwealth.
(b)(1) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
"Agency", the Massachusetts Development Finance Agency.
"Applicant", a cultural organization as defined in this section that has submitted an application for financial assistance from the fund.
"Cultural facility", a building, structure, or site that is, or will be, owned, leased or otherwise used by one or more cultural organizations and that is accessible to the public and exempt from income taxation pursuant to section 501 (c)(3) of Title 28 of the Internal Revenue code. The term cultural facility may include, but shall not be limited to, museums, historical sites, zoos, aquariums, nature/science centers, theaters, concert halls, exhibition spaces, classrooms, and auditoriums suitable for presentation of performing or visual arts. Public or private institutions of higher education may qualify if they demonstrate that their cultural facility provides service and open access to the community and the general public outside of the regular educational mission of the public or private institute of higher education and demonstrates financial need; provided, further that any municipally owned building, structure or site which is a minimum of fifty thousand square feet in size and fifty percent or more of which is used as a cultural facility.
"Cultural organization", a nonprofit public or private, civic, educational or professional organization or educational foundation which is primarily concerned with the arts, humanities, interpretive sciences or local arts and which is exempt from income taxation pursuant to section 501 (c)(3) of Title 28 of the Internal Revenue Code. Public or private institutions of higher education may qualify if they demonstrate that their cultural facility provides service and open access to the community and the general public outside of the regular educational mission of the public or private institute of higher education demonstrates and financial need.
"Director", the executive director of the Massachusetts Development Finance Agency.
"Eligible project", the acquisition, design, construction, repair, renovation, rehabilitation or other capital improvement or deferred maintenance of a cultural facility which furthers the purposes of this section.
"Feasibility and technical assistance grant", a direct grant of monies from the fund subject to matching grant requirements, to an applicant for payment of the costs and expenses related to the undertaking and completion of a planning and feasibility study for a proposed eligible project; provided, however, that no such grant shall exceed $50,000. The agency may award a feasibility and technical assistance grant only upon its finding that: (i) if undertaken, the proposed project would qualify as an eligible project; and (ii) there is local support for the proposed project.
"Fund", the Massachusetts Cultural Facilities Fund.
"Grant", a direct grant of monies from the fund to an applicant for payment of the costs of an eligible project, except that the amount of any single grant awarded from the fund shall not exceed $5,000,000.
"Loan", a direct loan of monies from the fund to an applicant to finance a portion of the cost of an eligible project, except that the amount of any single loan awarded from the fund shall not exceed $5,000,000.
"Massachusetts Cultural Council", a public instrumentality created pursuant to section 52 of chapter 10 of the General Laws.
"Matching funding", private or public monies donated or appropriated to an eligible project in the proportions to the qualified investment as set forth in subsection (c) No grant shall be made pursuant to this section without the required matching funding.
"Public body", the commonwealth and any body politic and corporate of the commonwealth, including any political subdivision thereof, or any consortium of any contiguous subdivisions and any federal agency.
"Qualified investment", a grant, including a feasibility grant, loan, guarantee or other financing or credit enhancement device provided under said fund for an eligible project.
(2) There is hereby established and placed under the control of the agency the Massachusetts Cultural Facilities Fund, hereinafter referred to as the fund, to which shall be credited, subject to appropriation, for any fiscal year in which revenues deposited into the Massachusetts Tourism Fund, established pursuant to section 35J of chapter 10, exceed the amounts deposited into said Massachusetts Tourism Fund in the previous fiscal year, 50 per cent of the increase in revenues beyond amounts received in the prior fiscal year by said Massachusetts Tourism Fund from the tax imposed by section 3 of chapter 64G, section 22 of chapter 546 of the acts of 1969 or any appropriation made pursuant to section 35J of chapter 10. In addition to the funds set forth in the preceding sentence, the fund shall be credited, subject to appropriation, in each fiscal year after the first appropriation to the fund, an additional amount not less than the previous fiscal year's appropriation. The fund shall also be credited in each fiscal year, subject to annual appropriation, an amount equal to the funds previously appropriated annually for payment of principal and interest on obligations issued for the rehabilitation, operation and maintenance of the Hynes Convention Center in budget line item 1599-0035, or in no case less than $13,000,000 per annum. Notwithstanding the foregoing provisions, the fund shall also be credited with all bond proceeds, federal funds, private contributions, loans or other monies lawfully made available to said fund. The purpose of said fund shall be to make grants, and loans when appropriate, to finance eligible projects.
Applicants may apply to the fund for a feasibility and technical assistance grant, a grant or a loan for the acquisition, construction, expansion, renovation or repair of cultural, entertainment, public venues or other commercial facilities, and the agency may make a qualified investment in such a project upon its finding that: (i) the project is an eligible project; (ii) there is a demonstrated need for the project; (iii) the project will benefit tourism in the local area; (iv) there is a demonstrated financial need for the grant or loan; and (v) there is local support for the project. The agency shall hold said fund in a separate account, segregated from all other agency funds.
Except as hereinafter provided, the agency may invest and reinvest said fund and the income thereon (i) in the making of qualified investments; (ii) in the investment of funds not required for immediate disbursement in the purchase of such securities as may be lawful investments for fiduciaries in the commonwealth; (iii) for the payment of binding obligations associated with the qualified investments which are secured by said fund as the same become payable; (iv) for the payment of principal and interest on qualified investments secured by said fund or the payments of any redemption premium required to be paid when such obligations are redeemed prior to maturity; and (v) the reasonable costs of administering the fund; provided said administrative costs shall not exceed 7.5 per cent of the total loans or grants made annually.
(3) To the extent feasible, the agency may issue bonds on behalf of the fund. Bond proceeds shall be used for the purposes authorized by this section. Said bonds shall be issued as "revenue" bonds and shall be recourse only to the funds appropriated or otherwise contributed under this section and such reserve funds as may be expressly created to guarantee the same. Such bonds shall not be general obligations of either the agency or the commonwealth. Bonds issued in furtherance of this section, if any, shall not be subject to or, otherwise included in, the principal amount of debt obligations issued under section 29.
(4) The agency shall adopt by-laws or rules necessary to establish a minimum reserve to be maintained by the fund for the purpose of ensuring the fulfillment of any obligations incurred as a result of any bonds issued by the agency on behalf of the fund. No qualified investment may be made where said expenditure would reduce the fund's assets to an amount below the minimum reserve.
(5) The agency shall be reimbursed from the fund for all reasonable and necessary direct costs and expenses incurred in any fiscal year associated with its bond issuance, administration, management and operation of the fund, including reasonable staff time and out-of-pocket expenses and the reasonable and approved administrative costs incurred by the Massachusetts Cultural Council or such other qualified organization which the agency may contract for services. The agency is authorized to establish a minimum reserve, in addition to such reserve established pursuant to subsection (2), to be maintained by the fund for the purpose of ensuring the satisfaction of the agency's and its agents' administrative costs.
(c) The fund may make qualified investments in eligible projects. The fund may make grants to applicants for eligible projects; provided, however, that the amount of any single grant, other than a feasibility and technical assistance grant awarded from the fund, shall not exceed $5,000,000 per annum; provided, further, that grants for a total value:-
(i), less than $1,000,000 shall be subject to a matching funding requirement of dollar for dollar of the amount of the grant;
(ii) in excess of $1,000,000 and less than $2,500,000 shall be subject to a matching funding requirement of at least twice the amount of the grant;
(iii) in excess of $2,500,000 but less than $4,000,000 shall be subject to a matching funding requirement of at least three times the amount of the grant;
(iv) in excess of $4,000,000 and not more than $5,000,000 shall be subject to a matching funding requirement of at least four times the amount of the grant.
Notwithstanding any general or special law to the contrary, as a condition of accepting a grant from the fund, an applicant shall agree that, whenever ownership of any property which was acquired or improved with a grant from the fund, is transferred to a for-profit entity, or to an unrelated non-profit entity which ceases operating the property as a cultural facility, the full amount of such grant shall be repaid immediately to the fund. The agency may take a security interest or such other interest in the eligible project as may be necessary to secure its potential repayment rights.
(d) Notwithstanding any general or special law to the contrary, the agency shall enter into a contract with the Massachusetts Cultural Council or another qualified organization to manage some or all of the grant administration process on behalf of the agency; provided, however, that the agency may only enter into a contract with another qualified organization to manage some or all of the grant administration process should the Massachusetts Cultural Council fail to adequately perform its duties under a duly executed contract, cease to exist, or for just cause; provided further, that should the agency enter into a contract with another qualified organization, the agency shall submit, in writing, the reasons for the termination of its contract with the Massachusetts Cultural Council to the chairs of the joint committee on economic development and emerging technologies and the chairs of the joint committee on tourism, arts and cultural development. A contract executed pursuant to this section shall include, but not be limited to, proposing rules and guidelines for the fund, providing technical assistance to potential applicants, reviewing and evaluating applications and providing findings and recommendations to the committee as to which grant applications should be approved and awarded and which should be denied. The agency shall establish rules relative to the fund, with the advice of the committee. Copies of said rules, and any modifications or amendments thereto, shall be delivered to the clerk of the house of representatives, the clerk of the senate, the chairs of the house and senate committees on ways and means, the chairs of the joint committee on economic development and emerging technologies, and the chairs of the joint committee on tourism, arts, and cultural development.
(e) The agency shall annually, not later than December 31, submit a report on the fund's progress to the clerk of the house of representatives, the clerk of the senate, the chairs of the house and senate committees on ways and means, the chairs of the joint committee on economic development and emerging technologies, and the chairs of the joint committee on tourism, arts and cultural development. Said annual report shall include: (i) a list of grant or loan recipients from the fund; (ii) the associated amounts received by each recipient; (iii) the amount of non-state funding leveraged by the fund; (iv) the purpose of the grants or loans from the fund; (v) an annual statement of cash inflows and outflows detailing the sources and uses of the fund; (vi) a forecast of future payments based on current binding obligations; and (vii) a detailed breakdown of the purposes and amounts of administrative costs charged to the fund.
SECTION 12. Said chapter 23G, as so appearing, is hereby further amended by striking out section 43, and inserting in place thereof the following section:-
There shall be established a cultural facilities fund advisory committee, in this section called the committee. The functions of the committee shall be strictly advisory to the Agency in connection with the management and operation of the Massachusetts Cultural Facilities Fund. The committee shall be comprised of the following members: the director of the Massachusetts Cultural Council or his designee; the director of the Office of Travel and Tourism or his designee; and the Director of the Agency or his designee; and six members to be appointed by the Governor, one of whom shall have expertise in fundraising; one of whom shall have expertise in finance; and one of whom shall have expertise in construction; provided further, in appointing members, the governor shall ensure that each of the following geographic regions of the commonwealth shall be represented: the central area, the greater Boston area, the MetroWest area, the northeast area, the southeast area and the western area. Members shall be appointed for a term of five years, may be reappointed, and shall serve without compensation, but may be reimbursed from the fund for ordinary and reasonable in-state travel expenses. The committee may meet as often as the members may determine, but shall meet at least bi-annually or at such other intervals as may be established by the Agency in order to review recommendations made by the Massachusetts Cultural Council, or such other qualified organization with which the agency contracts, with respect to the fund and to make any advisory recommendations with respect thereto to the Agency. The provisions of subsections (d), (f) to (i), inclusive, and subsection (1) of section 2 of this chapter shall apply to the members and affairs of the committee. All applications for grants or loans recommended by the Massachusetts Cultural Council, or other such organization with whom the Agency may contract, shall be reviewed by the committee. The committee shall then issue findings and recommendations to the Agency as to which applications should be approved. Only those applications that are recommended by the committee for approval shall be considered by the Agency's board of directors for final approval. If the Agency's board of directors votes to deny any recommended approval the Agency shall, within 30 days of such action, provide the applicant with a written explanation for such denial.SECTION 13. The General Laws are hereby amended by inserting after chapter 23G the following chapter:-
CHAPTER 23H.
THE MASSACHUSETTS LIFE SCIENCES CENTER
Section 1.The General Court finds and declares that:
(1) promoting the health of residents of the commonwealth is a fundamental purpose of state government;
(2) promoting life sciences research to foster the development of the next generation of health-related innovations, to enhance the competitive position of Massachusetts in this vital sector of the economy, and to improve the quality and delivery of health care for the people of the commonwealth is a clear public purpose and governmental function;
(3) public support for and promotion of the life sciences will benefit the commonwealth and its residents through improved health status and health outcomes, economic development, and contributions to scientific knowledge, and such research will lead to breakthroughs and improvements that might not otherwise be discovered due to the lack of existing market incentives, especially in the area of regenerative medicine, such as stem cell research;
(4) public support for and promotion of life sciences research has the potential to provide cures or new treatments for many debilitating diseases that cause tremendous human suffering and cost the state millions of dollars each year;
(5) it is imperative for the purposes of the state’s competitiveness to invest in life sciences research, biotechnology, nanotechnology and bio-defense, to leverage revenues and to encourage cooperation and innovation among public and private institutions involved in life sciences research and related applications;
(6) the purpose of this chapter is to establish a life sciences center, to grant that center the power to contract with other entities to receive other funds, and to disburse those funds consistent with the purpose of this chapter;
(7) the life sciences center is intended to: (i) promote the best available research in life sciences disciplines through diverse Massachusetts institutions and to build upon existing strengths in the area of biosciences in order to spread the economic benefits across the state; and, (ii) foster improved health care outcomes in the commonwealth and the world; and
(8) the investments of the life sciences center are intended to support future statewide, comprehensive strategies to lead the nation in life sciences-related research, innovations and employment.
Section 2.As used in this chapter the following words, unless the context clearly requires otherwise, shall have the following meanings:-
“Board”, the governing board of directors of the center.
“Center”, the life sciences center created in this chapter.
“Contribution agreement”, any agreement authorized under this chapter in which a private entity or public entity other than the state agrees to provide to the authority contributions for the purpose of promoting life sciences research.“Life sciences”, advanced and applied sciences, including but not limited to, stem cell research, regenerative medicine, biotechnology and nanotechnology.
“Life sciences research”, advanced and applied sciences, including but not limited to, stem cell research, regenerative medicine, biotechnology and nanotechnology, that has, as a result, significant chance of yielding fundamental biological knowledge from which may emanate therapies to relieve human suffering from disease and injury, vanguard medical therapies, or advanced scientific development and other areas of scientific research and development vital to the state’s economy.
Section 3.(a) There shall be a body politic and corporate to be known as the life sciences center. The center is hereby constituted a public instrumentality and the exercise by the center of the powers conferred by this chapter shall be considered to be the performance of an essential governmental function.
The center shall be in the executive office of economic development but shall not be subject to the supervision, or control of that office, or of any board, bureau, department, or other center of the commonwealth, except as specifically provided in this chapter.
+(b) The center shall be governed and its corporate powers exercised by a board of directors consisting of 3 members all of whom shall be residents of the commonwealth, 1 of whom shall be the state treasurer, 1 of whom shall be the president of the University of Massachusetts, or his designee and one of whom shall be an individual with significant experience in the life sciences field and shall be a member of the board of the Massachusetts Biotechnology Council to be appointed by the governor and who shall serve for a term of 4 years.
A person appointed to fill a vacancy in the office of the appointed member of the board shall be appointed in a like manner and shall serve for only the unexpired term of such member. The appointed member shall be eligible for reappointment. The appointed member may be removed for cause by the governor. The governor shall from time to time designate a member of the board as its chairman.
Two of the members of the board shall constitute a quorum and the affirmative vote of 2 members shall be necessary for any action to be taken by the board. A vacancy in the membership of the board shall not impair the right of a quorum to exercise the rights and perform the duties granted here within.
The members of the board shall serve without compensation, but each member shall be entitled to reimbursement for his actual and necessary and reasonable expenses incurred in the performance of his official duties; but service as a member of the board shall be credited to such member's years in service for pension and retirement purposes.
(c) Chapter 268A shall apply to all ex-officio directors or their designees and employees of the center. Said chapter 268A shall apply to all other directors of the center, except that the Center may purchase from, sell to, borrow from, loan to, contract with or otherwise deal with any person in which any director of the center is in any way interested or involved; provided, however, that such interest or involvement is disclosed in advance to the members of the board and recorded in the minutes; and provided further, that no director having such an interest or involvement may participate in any decision of the board relating to such person. Employment by the commonwealth or service in any agency thereof shall not be considered to be such an interest or involvement.
(d) The board shall have the power to appoint and employ officers, including an executive director, and to fix their compensation and conditions of employment. The executive director of the center shall be appointed by the board and his salary shall be established by the board. The executive director shall be the chief executive, administrative and operational officer of the center and shall direct and supervise the administrative affairs and the general management of the corporation. The executive director may, subject to the general supervision of the board, employ other employees, consultants, agents, including science and technical staff, legal counsel, advisors, and shall attend meetings of the board.
(e) Neither the center nor any of its officers, agents, employees, consultants or advisors shall be subject to sections 9A, 45, 46 and 52 of chapter 30, or to chapter 31, or to chapter 200 of the acts of 1976.
(f) Board members and officers who are not compensated employees of the center shall not be liable to the commonwealth, to the center or to any other person as a result of their activities, whether ministerial or discretionary, as such board members or officers, except for willful dishonesty or intentional violations of law. Neither members of the center nor any person executing bonds or policies of insurance shall be liable personally thereon or be subject to any personal liability or accountability by reason of the issuance thereof. The board of directors may purchase liability insurance for board members, officers and employees and may indemnify them against claims of others in all actions, including the violation of the civil rights of any person under any federal law if, at the time of such act or omission the member, officer or employee was acting within the scope of his official duties or employment. Neither the state nor the center shall be liable for any loss, damage, harm, or other consequence resulting directly or indirectly from grants or loans made by the center or by any project funded by the grants.
(g) The center shall continue until its existence is terminated by law. Upon the termination of the existence of the center, all rights, title and interest in and to all of its assets and all of its obligations, duties, covenants, agreements and obligations shall vest in and be possessed, performed and assumed by the commonwealth.
(h) Any documentary materials or data whatsoever made or received by any member or employee of the center and consisting of, or to the extent that such materials or data consist of, trade secrets, scientific, commercial, or financial information regarding the operation of any business conducted by an applicant for any form of assistance which the center is empowered to render or regarding the competitive position of the applicant in a particular field of endeavor, shall not be considered public records of the center and specifically shall not be subject to section 10 of chapter 26. Any discussion or consideration of such trade secrets, scientific, commercial, or financial information may be held by the board in executive sessions closed to the public notwithstanding section 11A1/2 of chapter 30A, but the purpose of the executive session shall be set forth in the official minutes of the center and no business which is not directly related to such purpose shall be transacted nor shall any vote be taken during the executive session;
(i) The comptroller shall annually transfer not less than $10,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund, established pursuant to section 2JJJ of chapter 29 of the General Laws, for fiscal years 2006 to 2010, respectively. The Center’s operational and administrative budget shall not exceed 15% of its annual allocation.
(j) The executive director of the center shall submit an annual report to the legislature that includes the anticipated return on investment to the state from the investment of funds in the Massachusetts Life Sciences Investment Fund, pursuant to section 2JJJ of chapter 29 of the General laws, administered by the center, a list of grants given by the center, as well as a list of other funding activities, reports of patents or products resulting from funded activities, and a tracking of job creation as a result of funded projects. The report shall be filed annually with the clerks of the house and senate, not later than January 31 .
Section 4.(a) The center shall have all the powers necessary, or convenient to carry out and effectuate its purposes, including, without limiting the generality of the foregoing, the power:
(1) to adopt and amend bylaws, regulations and procedures for the governance of its affairs and the conduct of its business without regard to chapter 30A;
(2) to adopt an official seal and functional name;
(3) to maintain offices at places within the commonwealth as it may determine and to conduct meetings of the center in accordance with the by-laws of the authority and the second paragraph of section 59 of chapter 156B;
(4) to acquire, lease, hold and dispose of real and personal property or any interest therein in the exercise of its powers and the performance of its duties pursuant to this chapter;
(5) to sue and be sued, to prosecute and defend actions relating to its properties and affairs, and to be liable in tort in the same manner as a private person; but, the center is not authorized to become a debtor under the United States Bankruptcy Code;
(6) to appoint officers and employees and to engage consultants, agents and advisors;
(7) to enter into contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of this chapter; which contracts and agreements may include, without limiting the foregoing, construction agreements, purchase or acquisition agreements, loan agreements, partnership agreements including limited partnership agreements, joint ventures, participation agreements or service agreements with biotechnology entities, nanotechnology entities, bio-defense entities, health care, educational, or financial institutions;
(8) to review and recommend changes in laws, rules, programs, and policies of the state and its agencies and subdivisions to further the enhancement of life sciences financing, infrastructure and development within the Commonwealth;
(9) to appear in its own behalf before boards, commissions, departments or other agencies of municipal, state or federal government;
(10) to obtain insurance;
(11) to apply for and accept grants, loans, advances and contributions from any source of money, property, labor or other things of value, to be held, used and applied for its corporate purposes;(12) to act as the central entity and coordinating organization of life sciences, advanced sciences, biotechnology and nanotechnology initiatives on behalf of the commonwealth. The center shall work in collaboration with governmental entities, bodies, centers, institutes, and facilities operating within the public domain and promote biotechnology, nanotechnology, stem cell research and related physical technology fields, in order to advance the commonwealth’s interests and investments in biotechnology, life sciences, nano-manufacturing, bio-manufacturing, so-called, and other advanced technologies;
(13) to enter into agreements with public and private entities that deal primarily with biotechnology, nanotechnology, and related physical technology fields with preference to but not limited to stem cell research, bio-manufacturing, and nano-manufacturing, in order to distribute and provide leveraging of monies or services for the purposes of furthering scientific research in the commonwealth, aiding in the promotion the health of residents, fostering jobs in the life sciences, and promoting overall economic growth within the commonwealth by fostering collaboration and investments in life sciences in the commonwealth;
(14) to provide and pay for such advisory services and technical assistance necessary or desired to carry out the purposes of this chapter;
(15) to establish and collect fees and charges, without appropriation, as the center shall determine to be reasonable; and to receive and apply revenues from the fees and charges for the purposes of the center, or allotment by the commonwealth, or any political subdivision thereof;
(16) to disburse, appropriate, grant, loan or allocate funds for the purposes of investing in life sciences, emerging technologies, stem cell research, biotechnology, nanotechnology, bio-defense and advanced sciences as directed in this chapter;
(17) to provide assistance to local entities, local authorities, public bodies and private corporations for the purposes of maximizing opportunities for the expansion of life sciences and advanced technologies in the commonwealth and attracting new life sciences entities and advanced technology investments to Massachusetts, fostering new innovative research applications to the commonwealth and creating new manufacturing and development initiatives in the commonwealth;
(18) to prepare, publish and distribute, with or without charge, as the center may determine, studies, reports, bulletins, or marketing and promotional materials dedicated to enhancing the commonwealth’s life sciences strategy, programs and projects, as the center considers appropriate and subject to this chapter;
(19) to exercise any other powers of a corporation organized under chapter 156B;
(20) to engage accountants, attorneys, planners, life science experts and other consultants necessary in its judgment to carry out the purposes of this act and to fix their compensation;
(21) to take any actions necessary or convenient to the exercise of any power or the discharge of any duty provided for by this chapter;
(22) to issue notes or bonds for any of the purposes provided in this chapter;
(23) to enter into agreements or other transactions with any person, including without limitation any public entity or other governmental instrumentality or agency in connection with its powers and duties under this chapter;
(24) to institute and administer the Massachusetts Life Sciences Investment Fund, pursuant to section 2 QQQ of chapter 29 of the General Laws, for the purposes of making appropriations, allocations, grants or loans to leverage development and investments in stem cell research, pursuant to chapter 111L, biotechnology, nano-manufacturing, advanced sciences, facilities of higher education whose work and mission applies directly to the aforementioned applications and industries, including, but not limited to, health care, advanced medical technologies and related areas. The Center shall implement an application and grant process for those purposes. In evaluating any and all requests for funding, the center shall consider at a minimum:
(i) the appropriateness of any proposed project;
(ii) the project’s potential to expand life sciences and related employment opportunities in the commonwealth;
(iii) the project’s potential to enhance technological advancements;
(iv) the project’s potential to offer a breakthrough medical treatment for a particular disease, or medical condition;
(v) the project’s potential for leveraging additional funding, or attracting resources to the commonwealth;
(vi) the project’s potential to stimulate life sciences manufacturing in the commonwealth; and
(vii) evidence of potential royalty income and contractual means to recapture such income for the purposes of this chapter, as the center considers appropriate.
Section 5. The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the commonwealth and for the improvement of their health and living conditions and as the operation and of the life sciences center shall constitute the performance of essential governmental functions, the center shall not be required to pay any taxes or assessments, except as otherwise provided by this chapter and the notes or bonds issued under this chapter, their transfer and the income therefrom, including any profit made on the sale thereof, at all times shall be free from taxation by and within the commonwealth.
Section 6. Notes or bonds issued by the center under this chapter are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies and savings banks, cooperative banks and trust companies in their banking department and within the limits set by section 14 of chapter 167E banking associations, investment companies, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in notes, bonds or other obligations of a similar nature may properly and legally invest funds, including capital in their control or belonging to them, and the notes or bonds are hereby made obligations which may properly and legally be made eligible for the investment of savings deposits and the income thereof in the manner provided by section 15B of chapter 167. The notes or bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the commonwealth for any purpose for which the deposit of notes or bonds of other obligations of the commonwealth is now or may hereafter be authorized by law.
Section 7. All moneys received by the center, whether as proceeds from the sale of notes or bonds or as revenues, shall be considered to be trust funds to be held and applied solely as provided in this chapter. The resolution authorizing the notes or bonds or the trust agreement securing the notes or bonds shall provide that any officer with whom, or any bank or trust company with which the moneys shall be deposited shall act as trustee of the moneys and shall hold and apply the same for the purposes hereof, subject to regulations as this chapter and such resolution or trust agreement may provide.
SECTION 14. Section 1 of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Consolidated net surplus in the budgetary funds" the following definition:-
"Council", the Robert H. Goddard council on Science, Technology, Engineering and Mathematics Education established pursuant to section 4A of chapter 15A.
SECTION 15. Said chapter 29, as so appearing, is hereby further amended by striking out section 2 MMM and inserting in place thereof the following section:-
Section 2 MMM. (a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Science, Technology Engineering, and Mathematics Grant Fund, hereinafter referred to as the pipeline fund, to which shall be credited any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto, and any additional funds designated by the corporation for deposit to the pipeline fund, including any pension funds, federal grants or loans, or private donations made available to the chancellor of higher education for the purpose of deposit into the fund. The board of higher education shall hold the pipeline fund in an account or accounts separate from other funds or accounts. Amounts credited to the pipeline fund shall be used by the chancellor of higher education, in consultation with the Massachusetts Development Finance Agency, the Massachusetts Technology Park Corporation and the Robert H. Goddard Council on Science, Technology Engineering, and Mathematics Education, established pursuant to paragraph (I) of section 4 of chapter 15A, to carry out the purposes of subsection (b). Not less than $500,000 shall be annually allocated to the Museum of Science’s Engineering is Elementary (EiE) to (1) to promote higher levels of achievement in STEM education (2) to focus intensively on initiatives that have been shown to be effective and economical (3) build networks around common projects and experiences.
(b) The public purpose of the pipeline fund shall be to increase the number of Massachusetts students who participate in programs that support careers in fields related to science, technology, engineering and mathematics. In furtherance of this public purpose, and in a manner consistent with the recommendations of the council, the chancellor of higher education, in consultation with the commissioner of the department of education and the president of the University of Massachusetts, shall employ the pipeline fund through grants and other disbursements and activities that are calculated to increase the number of qualified science, technology, engineering and mathematics teachers in the commonwealth and to improve the science, technology, engineering and mathematics educational offerings available in public and private schools. The grants and other disbursements and activities may involve, without limitation, the University of Massachusetts, state and community colleges, business and industry partnerships, workforce investment boards, private colleges and universities, and public and private school districts to further the purposes of the pipeline fund. The grants and other disbursements and activities may support, without limitation: (i) the development and use of innovative curricula, courses and programs in science, technology, engineering and mathematics for new teachers and in-service teachers that provide appropriate science, technology, engineering and mathematics content, and instruction in innovative ways to teach science, technology, engineering and mathematics, including but not limited to, the use of hands on, experimental learning, that are consistent with the Massachusetts standards and curriculum frameworks established pursuant to sections 1D and 1E of chapter 69; (ii) the development of a science, technology, engineering and mathematics network to create, implement, share and make broadly and publicly available the best practices and innovative programs relative to science, technology, engineering and mathematics instruction and expanding and maintaining student interest in science, technology, engineering and mathematics studies and careers; (iii) effective ways to teach science, technology, engineering and mathematics; and (iv) give priority to grants that provide effective course and curricula for in-service teachers in low income schools or school districts; provided further, that not more than 20 per cent of the fund may be awarded to any one single institution.
(c) The board of higher education shall, in consultation with the council, promulgate policies, rules and regulations for the administration and implementation of subsections (a) and (b). The chancellor of higher education shall file any such policies, rules, and regulations with the joint committee on education, arts, and humanities, the joint committee on higher education, the joint committee economic development and emerging technologies, and the joint committee on labor and workforce development for review and comment at least 30 days before the effective date of the policies, rules, or regulations.
(d) The chancellor of higher education shall file a quarterly report with the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on labor and workforce development, the joint committee on education, and the joint committee on higher education on the following: (i) a list of grant recipients, (ii) the associated grant amounts, (iii) the amounts of non-state funding leveraged as a result of the grants, (iv) the purposes of the grants, (v) an annual statement of cash inflows and outflows detailing the sources and uses of funds, (vi) a forecast of future payments based on current binding obligations, and (vii) a detailed breakdown of the purposes and amounts of administrative costs charged to the fund.
(d) The chancellor of higher education shall file a quarterly report with the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on labor and workforce development, the joint committee on education, and the joint committee on higher education on the following: (i) a list of grant recipients, (ii) the associated grant amounts, (iii) the amounts of non-state funding leveraged as a result of the grants, (iv) the purposes of the grants, (v) an annual statement of cash inflows and outflows detailing the sources and uses of funds, (vi) a forecast of future payments based on current binding obligations, and (vii) a detailed breakdown of the purposes and amounts of administrative costs charged to the fund.
SECTION 16. Said chapter 29, as so appearing, is hereby further amended by inserting after section 2OOO the following new section:-
Section 2 PPP. (a) There is hereby established and set up on the books of the commonwealth a separate fund known as the CITI Fund for the continuation of the Commonwealth Information Technology Initiative, or CITI, statewide. The University of Massachusetts shall hold the CITI Fund in an account or accounts separate from other funds or accounts. Amounts credited to the CITI Fund shall be used by the President of the University of Massachusetts or his designee, in accordance with the purposes set forth in the following subsection and in consultation with the advisory board established in subsection (d). Not more than $2,000,000 shall be expended from the CITI Fund in any one fiscal year.
(b) The public purpose of the CITI Fund shall be to provide funding for a collaborative approach to information technology education through a series of open competitions for grants to Massachusetts K-20 educational institutions in the areas of: (1) Educator Development – to ensure that K-20 faculty in all public higher education institutions and elementary and secondary schools have the skills to teach courses that meet industry’s current and future information technology needs; (2) Curriculum Enhancement – to update existing courses and programs of computer science, management information systems and computer engineering in public higher education, and to update academic discipline courses to facilitate the acquisition of knowledge through the understanding and application of information technology in the K-12 level; (3) IT Across the Curriculum – to implement the integration of information technology education into all aspects of non-technical disciplines and areas of study; and (4) Regional Cooperation – create geographically based alliances among schools and industry to leverage faculty, courses and other resources for information technology education.
(c) Commencing on January 1, 2006, the President of the University of Massachusetts or his designee shall report quarterly to the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on labor and workforce development, the joint committee on education, and the joint committee on higher education on the following: (i) a list of grant recipients, (ii) the associated grant amounts, (iii) the amounts of non-state funding leveraged as a result of the grants, including in-kind and other non-cash contributions (iv) the purposes of the grants, (v) an annual statement of cash inflows and outflows detailing the sources and uses of funds, (vi) a forecast of future payments based on current binding obligations, and (vii) a detailed breakdown of the purposes and amounts of administrative costs charged to the fund.
(d) These shall be an advisory board for the CITI Fund consisting of 12 members. The governor shall appoint 8 members of the board, of which at least 2 must be employed by a public institution of higher education in the commonwealth, at least 2 must be employed at a public school for grades K-12 and at least 2 must be employed by a corporation based in Massachusetts. One member shall be appointed by the speaker of the house, one member shall be appointed by the minority leader of the house of representatives, one member shall be appointed by the president of the senate and one member shall be appointed by the minority leader of the senate. The advisory board shall meet at least quarterly, or when called by the president of the University of Massachusetts.
SECTION 17. Said chapter 29 is hereby further amended by adding the following section:-
Section 2 QQQ. There shall be a Massachusetts Life Sciences Investment Fund for the purposes of providing equity financing, appropriations, allocations, grants, or loans to stimulate research and development, make targeted investments in the areas of advanced sciences, nanotechnology, biotechnology, stem cell research pursuant to chapter 111L of the General Laws, facilities of higher education, and to spur manufacturing activities for new, or existing advanced technologies and sciences in the commonwealth. The fund shall collect and retain appropriations from the commonwealth, monies received from federal payments, monies received from local governments, monies received from private entities, monies received from royalties, or the sale of equities, or other revenue alternatives as appropriate. Any revenues, deposits, receipts, or funds received through the receipt of royalties, dividends, or the sale of equity instruments, inclusive, shall be deposited in the fund, and shall be available expressly to the life sciences center established pursuant to chapter 23H for the purposes described in this section, without further appropriation.
SECTION 18. Said chapter 29 of the General Laws, as so appearing, is hereby further amended by inserting after section 2 QQQ the following new section:-
Section 2RRR. (a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Board of Higher Education Scholar/Internship Match Fund, hereafter referred to as the Scholar/Internship Match Fund. The Massachusetts Board of Higher Education shall hold the Scholar/Internship Match fund in an account separate from other funds or accounts. Amounts credited to the Scholarship Match Fund shall be used by the chancellor of higher education or her designee, in accordance with the purpose set forth in the following subsection and in consultation with participating industry and public higher education institutions. Not more than $1 million shall be expended from this fund in any 1 year; provided however, that an amount not to exceed $100,000 will be spent each year to promote the existence of the Scholar/Internship Match Fund with the goal to attract and maximize industry participation.
(b) The public purpose of the Scholar/Internship Match Fund shall be to provide a match for industry scholarships given to Massachusetts students going on to study for a post secondary degree at a Massachusetts public higher education institution. The amount to be matched through the Scholar/Internship Match Fund shall not exceed $5,000 per student contingent upon receiving a corresponding industry scholarship and/or internship of up to the same amount.
(c) Commencing on January 1, 2006, the chancellor of higher education shall report quarterly to the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on labor and workforce development, the joint committee on education, and the joint committee on higher education on the following: (i) a list of matching scholarship recipients, (ii) the associated match amount, (iii) the amounts of non-state funding as a result of the match, (iv) the purposes of the match, (v) whether there was an internship associated with the industry match, (vi) an annual statement of cash inflows and outflows detailing the sources and uses of funds, (viii) a forecast of future payments based on current binding obligations, and (ix) a detailed breakdown of the purposes and amount of administrative costs charged to the fund. The chancellor shall include in every year-end report a detailed 5 year legislative review of the Scholar/Internship Match Fund for the purpose of consideration for recapitalization.
SECTION 19. Said chapter 29 is hereby further amended by inserting, after section 64D, as appearing in the 2004 Official Edition, the following section:-
Section 64E. (a) The state treasurer may conduct research regarding the current status of retirement programs available to not-for-profit employees, and the appeal of creating a program for their benefit. For the purposes of implementing and administering a defined contribution plan for the benefit of not-for-profit employees, the treasurer shall have, in addition to all other powers and duties provided by this chapter, the powers and duties enumerated in subsections (b) to (f), inclusive, with respect to the programs described in section 18 of chapter 10 and section 64 of this chapter.
(b) The state treasurer, on behalf of the commonwealth, may sponsor a defined contribution plan that may be adopted by not-for-profit employers for their employees in accordance with Section 401(a) of the U.S. Internal Revenue Code, , regulations provided under that section, and applicable guidance from the Internal Revenue Service. The treasurer shall obtain approval from the Internal Revenue Service with respect to the plan and shall provide for administration of the plan so that it is in compliance with the Code and other applicable federal and state laws including the Employee Retirement Income Security Act of 1974.
The plan shall provide for a qualified trust under said Section 401(a) of the Code, with contributions made to the trust by the not-for-profit employer, the employer's employees, or both. Under the trust instrument it shall be impossible, at any time before the satisfaction of all liabilities with respect to employees and their beneficiaries under the trust, for any part of the corpus or income to be used for, or diverted to, purposes other than the exclusive benefit of employees or their beneficiaries.
In order to participate in the plan, a not-for-profit employer shall (1) execute a participation agreement, and (2) agree to the terms of the plan and to operate the plan in compliance with the Code and ERISA. The treasurer may require that the not-for-profit employer sign a service agreement and use forms and procedures prescribed by the treasurer. The treasurer may also require that certain employers seek approval from the Internal Revenue Service with respect to their plans.
(c) The treasurer may contract with practitioners, administrators, investment managers, and other entities in order to design, administer, and provide investment options under the plan. The treasurer shall, before making the contract, solicit bids from companies authorized to conduct business within the commonwealth, which bids shall be sealed, and opened at a time and place designated by the treasurer. Any bid submitted shall, where applicable, clearly indicate the interest rate which shall be paid on the deferred funds, any commissions which will be paid to the salesmen, any load imposed for the purpose of administering the funds, mortality projections, expected payouts, tax implications for participating employees and other information as the treasurer may require. Any contract entered into between an employee and the not-for-profit employer pursuant to this section shall include all the information in terms the employee can reasonably be expected to understand. Upon the treasurer's determining which provider offers the product or products most beneficial to the employee in each category for which bids were solicited, the employee may choose the investment options for their account.
Notwithstanding any law to the contrary, the treasurer shall not be required to solicit bids to invest the contributed portion of an employee's income into the employee's 401(k) account provided: (i) that the treasurer is authorized by the employee to pay that portion of the employee's compensation into the employee's 401(k) account in the same investment products as provided through a deferred compensation plan for employees of the commonwealth administered by the state treasurer, and (ii) that the plan resulted from the solicitation of bids in accordance with requirements of this section.
(d) There shall be in the office of the state treasurer a not-for-profit defined contribution committee. The committee shall consist of the state treasurer or his designee, who shall serve as chairperson, and 6 additional members appointed by the state treasurer, 3 of whom shall have practical experience in the human services, educational, or public and societal benefit sector of the non-profit community. The remaining 3 appointees shall be currently employed by not-for-profit corporations. The initial term of the first 3 appointees shall be for 2 years and the initial term of the remaining appointees shall be for 3 years; except that future appointments of the fourth, fifth, and sixth members shall be arranged so as not to expire in the same year. All subsequent appointments, including reappointments, shall be for a term of 3 years. In the case of a vacancy of any of the members, a successor shall be appointed as aforesaid for a full term or for the unexpired portion thereof, as the case may be. A member of the committee shall be eligible for reappointment. The committee shall annually elect 1 of its members to serve as vice-chairperson. Each member of the committee serving ex officio may appoint a designee pursuant to section 6A of chapter 30. The committee shall meet from time to time and assist the treasurer in the development of general policy regarding the program, and shall provide technical advice and input to the treasurer. The members of the committee shall serve without compensation, but shall be reimbursed for expenses necessarily incurred in the performance of their duties.
(e) The treasurer may make necessary rules and regulations and do all things convenient to carry out the this section.
(f) As used in this section, the term "not-for-profit employer" shall include eligible organizations incorporated under the Internal Revenue Code Section 501(c), but shall not include a governmental employer.
SECTION 20. Section 4 of chapter 30B of the General Laws, as so appearing, is hereby amended by inserting after the word "to", in line 1, the following words:- this section and.
SECTION 21. Said section 4 of said chapter 30B, as so appearing, is hereby further amended by adding the following subsection:-
(d) A procurement officer may award a contract valued at less than $25,000 for the procurement of products of agriculture as defined in section 1A of chapter 128, including but not limited to, fruits, vegetables, eggs, dairy products, meats, crops, horticultural products or products processed into value added products as part of a Massachusetts farm operation, that are grown or produced using products grown in the commonwealth as well as fish, seafood, and other aquatic products, without seeking quotations as required under subsection (a), provided, however, that the officer shall follow generally accepted business practices.SECTION 22. Said chapter 30B is hereby amended by adding the following 2 sections:-
Section 20. (a) Notwithstanding any general or special law to the contrary, and to the extent permitted by federal law, a governmental body may, by a majority vote, establish a preference for products of agriculture as defined in section 1A of chapter 128, including but not limited to fruits, vegetables, eggs, dairy products, meats, crops, horticultural products or products processed into value added products as part of a Massachusetts farm operation as well as fish, seafood, and other aquatic products.
(b) Wherever a governmental body by a majority vote establishes a preference for the procurement of products of agriculture grown or produced using products grown in the commonwealth, the procurement officer responsible for procuring agricultural products on behalf of the governmental body shall effectuate the preference in (1) advertising for bids, contracts, or otherwise, and making reasonable efforts to facilitate the purchase of such products of agriculture grown or produced using products grown in the commonwealth; and (2) purchasing such products of agriculture grown or produced using products grown in the commonwealth, unless the price of the goods exceeds, by more than 10 per cent, the price of agricultural products grown or produced outside of the commonwealth.
Section 21. The general court finds and declares that:
(1) only the general court has the authority to agree to bind the commonwealth to the rules of an international trade agreement, or to give consent to the federal government for the commonwealth to be bound to the agreement;
(2) the commonwealth shall not consent to be bound by the government procurement, services, or investment rules of any international trade or investment agreement, or any other provisions of international trade agreement which affect existing state laws or regulatory authority reserved to the commonwealth without an act of the general court authorizing the consent;
(3) two state legislative points of contact shall be appointed at the beginning of each legislative session; 1 by the president of the senate, and 1 by the speaker of the house of representatives;. the purposes of the contacts being to: (i) serve as the commonwealth's official legislative liaisons with the federal government on trade-related matters; (ii) serve as the designated recipients of federal requests for the commonwealth to agree to be bound by investment, procurement, services or other provisions of international trade agreements which encroach on state law or regulatory authority reserved to the commonwealth; and (iii) inform all members of the general court on a regular basis about ongoing trade negotiations and dispute settlement proceedings with implications for existing state laws or state regulatory authority more generally;
(4) any requests from the United States Trade Representative seeking the commonwealth's consent to be bound by future international trade agreements shall be received by the state legislative points of contact. The points of contact shall immediately refer the request to the clerk of the house and the clerk of the senate who shall promptly refer the matter to the appropriate legislative committee;
(5) the committee having jurisdiction shall draft a resolution granting or disallowing consent and shall report it to the general court no later than 30 days after receipt; but, a public hearing shall occur before the general court votes on the request; and the state legislative points of contact shall immediately notify the United States Trade Representative of the outcome of any legislative action.
SECTION 23. Section 4F of chapter 40J of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out subsection (b).
SECTION 24. Said chapter 40J is hereby amended by inserting after section 4F, as so appearing, the following section:
Section 4G. (a) There shall be a Wireless and Broadband Development Council within the Massachusetts Technology Collaborative, herein referred to as the council, for the purpose of increasing access to high speed connectivity and telecommunications in the commonwealth, with a special interest in enhancing and increasing wireless cellular and internet coverage and broadband internet services in underserved communities.
The general court finds that for the benefit of the people of the commonwealth and the improvement of their health, welfare, and living conditions, the improvement of economic and educational welfare, and the improvement of public safety and security, it is essential that wireless and broadband infrastructure be expanded to provide universal access to internet and cellular services throughout the commonwealth. To increase the speed, stability, and availability at which affordable wireless and broadband services become available in this state, it is considered to be a valid public purpose to invest in this council, which shall work to aid the development of statewide wireless and broadband infrastructure.
(b) The council shall be comprised of the secretary of economic affairs or his designee; the chairman of the commonwealth development council or his designee; the chairman of the department of telecommunications and energy or his designee, a member selected by the Franklin-Hampshire Connect; a member selected by the Berkshire Connect; a member selected by the Massachusetts Association of Regional Planning Agencies; a member selected by the Massachusetts Municipal Association; ; and 5 members to be appointed by the governor, 1 of whom shall be a representative from the telecommunications industry.
(c)(1) The council shall develop and recommend strategies to achieve universal wireless internet and cellular coverage and broadband coverage expansion to every community in the commonwealth. Specifically the council shall:
(i) identify communities that lack wireless and broadband services and leverage the telecommunications purchasing power of the commonwealth and the private sector to bring said services to every community in the commonwealth;
(ii) identify appropriate technologies and strategies to bring wireless and broadband internet service into underserved communities;
(iii) identify specific state properties that, if made available, would facilitate the deployment of these technologies to achieve service in under-served areas;
(iv) investigate new technologies in order to maintain Massachusetts as a leader in the adoption of telecommunication technology;
(v) facilitate the development of private, joint public-private or public initiatives which afford open, competitive, content neutral services accessible via multiple carriers; and
(vi) assist the Wireless and Broadband Affairs Offices in taking other action considered necessary to fulfill the goal of making Massachusetts a leader in wireless and high-speed connectivity marketplace choice in all communities, including those currently underserved.
(2) The council shall, on an ongoing basis, make periodic review of local and state initiatives to expand wireless and broadband access and shall provide guidance and recommendations to the general court, the governor, and city or town governments concerning such activities. Furthermore, the council shall annually submit any recommendations and make periodic reports on progress being made towards achieving these goals, including a cost analysis of ongoing initiatives and a needs assessment of such initiatives, to the department of business and technology, the joint committee on economic development and emerging technologies, the joint committee on small business and community development, and the house and senate committees on ways and means.
(d) (1) There shall be a Wireless and Broadband Affairs Office within the Massachusetts Technology Collaborative, herein referred to as the office, for the purpose of monitoring and facilitating access to high speed connectivity and telecommunications in the commonwealth, with a special interest in enhancing and increasing wireless cellular and internet coverage and broadband internet services in underserved communities and working in conjunction with the Wireless and Broadband Development Council as created by subsection (a).
(2) The office shall have all powers necessary to act upon the recommendations of the council in establishing universal access via wireless and broadband technologies in the commonwealth including but not limited to:
(i) initiating and responding to a request for investment process, from which information and comments received will be used to determine what further steps the office will take in connection with the deployment of a wireless and broadband network. The office shall set the schedule for this process and determine all appropriate basic requirements of submission in conjunction with recommendations given by the council;
(ii) monitoring and facilitating the construction of the network by working with existing agencies to ensure full coverage, including the executive office of transportation and division of capital asset management and maintenance to develop a plan to ensure that each new state construction project, including buildings and roads, shall include access to wireless to broadband internet services tracking building progress;
(iii) maintaining records and tracking all expenditures related to the creation of the network, if necessary, and accordingly leverage funds to facilitate wireless and broadband initiatives in all areas of the state;
(iv) identifying and implementing maintenance sources for the network, if necessary;
(v) identifying federal regulations and statutes that impede the deployment of wireless and broadband facilities and services, and advocating to the United States Congress and the Federal Communications for improvement of federal policies;
(vi) make quarterly reports on progress being made towards achieving these goals, including a cost analysis of ongoing projects, to the department of business and technology, the house and senate committees on economic development and emerging technologies, the joint committee on small business and community development, and the house and senate committees on ways and means;
(vii) appoint officers and employees and to engage consultants, agents and advisors;
(viii) enter into contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of this chapter;
(ix) distribute grants to municipal governments and private parties to expand wireless and broadband access, subject to appropriation;
(x) appear in its own behalf before boards, commissions, departments or other agencies of municipal, state or federal government;
(xi) prepare, publish and distribute, with or without charge, as the office may determine, such studies, reports and bulletins and other material as the office deems appropriate; and
(xii) take other action considered necessary to fulfill the goal of making Massachusetts a leader in wireless and high-speed connectivity marketplace choice in all communities, including those currently underserved.
(3) The office shall have at least 1 managing officer who shall have extensive background in wireless, broadband, telecommunications and data communications industry, including utilization of market-based strategies to encourage wireless and broadband deployment, the creation of public entities to facilitate wireless and broadband deployment, and a demonstrated knowledge of state of the art technologies that bring universal access to underserved areas.
SECTION 25. Said section 1 of said chapter 40Q, as so appearing, is hereby further amended by striking out the definition of "Original assessed value" and inserting in place thereof the following definition:-
"Original assessed value", the aggregate assessed value of the district as of the base date. The original assessed value shall be increased or decreased annually as a result of a change in the tax-exempt status of property within the district.
SECTION 26. The General Laws are hereby further amended by striking out chapter 43D and inserting in place thereof the following chapter:-
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 26 to 32, inclusive, of chapter 111, sections 40 and 40A of chapter 131,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, by-laws and rules, but not including building permits or approvals under 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 of 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 designated 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 be limited to, professional staffing assistance, local government reorganization, and consulting services. The board shall review and determine eligibility of these proposals and approve requests within 60 days of receipt of the 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 after 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 issues relating to 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 by which 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 notice to the applicant of the required submissions for review as set forth in subsection (d) of this section, for determining whether all the materials required for the review of the project have been submitted.
Section 5. (a) Priority development permit reviews and final decisions shall be completed within 180 days after the issuance of the notice that the application materials are complete under subsection (e) of section 4 unless an extension is granted under this chapter . The governing body shall notify the applicant in writing within 20 business days after 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 after 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 after 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 this requirement.
Section 6. In accordance with 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 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 under 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 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, but 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 the 180-day period or extended time, if applicable, shall be considered 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 the 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 notice of hearing in connection with the application.
Section 8. The 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 has notified the applicant of this determination, 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 affecting 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 under subsection (c) of section 5, if 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 these 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 under this chapter.
Where chapter 831 of the acts of 1977 or chapter 716 of the acts of 1989 requires or allows 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 under those chapters, the issuing authority shall cease the 180-day review period without penalty. 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 individual permitting decision has been rendered or within 20 days after the conclusion of the 180-day period as set forth in subsection (a) of section 5, 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 that authority to take final action concerning an 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 under sections 40 and 40A of chapter 131, which shall continue to be appealed under that chapter, chapter 30A and applicable regulations.
(c) When hearing appeals under this chapter, the division shall revise its rules, procedures and regulations to the extent necessary to meet the requirements of this chapter.
(d) The division shall render a final written decision within 90 days after the receipt of the appeal. An aggrieved party may appeal to the land court department of the trial court by bringing an action within 20 days after the division has rendered a final decision.
Section 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 procedures and timelines specified in 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 after receipt of a request whether the modification is approved, denied or determined to be substantial or whether 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 whether 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 under section 5 shall apply.
(d) Permits issued under this chapter shall expire 5 years after the date of the expiration of the applicable appeal period unless exercised sooner. Where permits cover multiple buildings, commencement and continuation of construction of 1 building shall preserve the permit validity. Changes in the law after 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 rules and regulations, if necessary, to implement this chapter.
SECTION 27. Paragraph (1) of subsection (j) of section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
A taxpayer or nonprofit organization which commences and diligently pursues an environmental response action on or before August 5, 2010, and who achieves and maintains a permanent solution or remedy operation status in compliance with chapter 21E and the regulations promulgated pursuant thereto which includes an activity and use limitation shall, at the time such permanent solution or remedy operation status is achieved, be allowed a base credit of 25 per cent of the net response and removal costs incurred between August 1, 1998, and January 1, 2012, for any property it owns or leases for business purposes and which is located within an economically distressed area as defined in section 2 of chapter 21E. Such costs shall not be less than 15 per cent of the assessed value of the property prior to remediation and the site shall be reported to the department of environmental protection. A credit of 50 per cent of such costs shall be allowed for any such taxpayer or non-profit organization which achieves and maintains a permanent solution or remedy operation status in compliance with chapter 21E and the Massachusetts Contingency Plan at 310 CMR 40.00, as amended, which does not include an activity and use limitation. Only a taxpayer that is an eligible person, as defined by section 2 of chapter 21E, and not subject to any enforcement action brought pursuant to chapter 21E shall be allowed a credit.
SECTION 28. Said subsection (j) of said section 6 of said chapter 62, as so appearing, is hereby further amended by adding the following 2 paragraphs:-
(5) All or any portion of tax credits issued in accordance with this subsection may be transferred, sold or assigned to any taxpayer with a liability under this chapter or chapter 63. A taxpayer or nonprofit organization desiring to make a transfer, sale or assignment shall submit to the commissioner a statement which describes the amount of the Massachusetts environmental response action tax credit for which such transfer, sale or assignment of Massachusetts environmental response action tax credit is eligible. The taxpayer or non-profit organization shall provide to the commissioner appropriate information so that the environmental response action tax credit can be properly allocated. The commissioner shall issue a certificate to the party receiving the environmental response action tax credit reflecting the amount of the tax credit received, a copy of which shall be attached by the party receiving the environmental response action tax credit to each tax return in which the tax credits are used.
(6) The commissioner shall annually, not later than September 1, file a report with the house and senate committees on ways and means, the chairs of the joint committee on community development and small businesses and the chairs of the joint committee on economic development and emerging technologies identifying the total amount of tax credits claimed pursuant to this subsection and the total amount of tax credits transferred, sold or assigned pursuant to paragraph (5) for the preceding fiscal year.
SECTION 29. Said chapter 62 is hereby further amended by inserting after said section 6, as so appearing, the following section:-
Section 6 1/2. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
"Department", the department of revenue.
"Medical device", an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including a component part or accessory, which is recognized in the official National Formulary or the United States Pharmacopoeia, or any supplement thereto, intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease in humans or other animals and which does not achieve any of its primary intended purposes through chemical action within or on the body of a human or other animals and which is not dependent upon being metabolized for the achievement of any its primary intended purposes.
"Medical device company", a sole proprietorship, partnership, limited liability company, corporate trust, corporation or other business: (i) the income of which is taxed directly to such business or its owners under this chapter; and (ii) that has a facility located in the commonwealth which develops or manufactures medical devices.
"Medical device tax credit", the tax credit established pursuant to this section that a medical device company generated but was unable to claim as of the close of the last taxable year for which a return was filed because of limited tax liability.
"User fees", the monetary amount actually paid by a medical device company to the United States Food and Drug Administration during the taxable year for pre-market approval to market new technologies developed or manufactured in the commonwealth or for a 510(k) clearance to market upgrades, changes or enhancements to existing technologies that are developed or manufactured in the commonwealth as stipulated in the federal Medical Device User Fee and Modernization Act.
(b) There shall be allowed to any medical device company as a credit against any tax liability imposed pursuant to this chapter an amount equal to 100 per cent of the cost of user fees paid by such medical device company during the taxable year for which the tax is due.
(c) The department shall establish a medical device tax credit transfer program to allow medical device companies doing business in the commonwealth with unused medical device tax credits to transfer such credits for use by a purchasing company in exchange for private financial assistance to be provided by such company to assist in the funding of costs incurred by the medical device companies. Private financial assistance, as used in this section, shall mean the proceeds of the sale of available tax credits. The private financial assistance shall be used to fund expenses incurred in connection with the operation of the medical device company in the commonwealth, including costs associated with fixed assets, such as the construction and acquisition and development of real estate, materials, start-up, tenant fit-out, working capital, salaries, research and development expenditures, and any other expenses determined by the department to be necessary to carry out the purposes of the program. A medical device company that wishes to participate in the program shall file an application with the department on a form prescribed by the department that sets forth the medical device tax credit amounts eligible for transfer, the use to which the medical device company intends to put the private financial assistance to be provided, the identity of the purchasing company, the amount of the financial assistance to be provided and such other information as the department may require. No such medical device tax credits may be surrendered unless the purchasing company provides financial assistance in an amount equal to at least 75 per cent of the medical device tax credit amounts eligible to transfer.
The department shall review such application and, if the proposed transfer meets the requirements of this section, upon receipt of a notarized statement signed under the pains and penalties of perjury by an authorized representative of the medical device company that the purchasing company has provided the specified financial assistance, the department shall issue a certificate to the purchasing company reflecting the medical device tax credit amounts transferred, a copy of which shall be attached to each tax return by a purchasing company in which such medical device tax credits are used. The purchasing company shall treat the medical device tax credit amounts purchased under the program as a credit against its tax liability pursuant to this chapter. The purchasing company must use the medical device tax credit amounts in tax returns filed within 5 years of the issuance of the certificate, after which period the credits will expire. The purchasing company may not use the medical device tax credit amounts to reduce the income tax to less than the amount due under section 4. No medical device company surrendering medical device tax credits under the program may use the benefits to reduce its tax liability under this chapter.
(d) The commissioner shall promulgate rules and regulations relative to the administration and enforcement of this section.
SECTION 30. Subparagraph (i) of paragraph (1) of subsection (b) of section 6J of said chapter 62, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commissioner, in consultation with the Massachusetts historical commission, shall authorize annually, for the 6 year period beginning January 1, 2005, and ending December 31, 2010, under this section together with section 38R of chapter 63, an amount not to exceed $30,000,000 per year.
SECTION 31. Section 1 of chapter 62C of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Commissioner" the following definition:-
“Building contractor” , any general contractor, subcontractor, or repairman who is engaged in the business of constructing or improving real property.
SECTION 32. Section 1 of said chapter 62C is hereby further amended by inserting after the definition of "Code" the following definition:-
"Materialman", a person primarily engaged in the retail sale of building material, tools and equipment to building contractors for the improvement of real property and authorized by law to file a mechanics lien upon real property for improvements related thereto. For the purposes of this definition, “primarily engaged” shall mean sales of 50 per cent or more of total sales to building contractors.
SECTION 33. Subsection (h) of section 16 of said chapter 62C, as so appearing, is hereby amended by adding the following 2 sentences:- A materialman shall file a return with the commissioner each month. Each return shall be filed within 50 days of the expiration of the period covered thereby. Each materialman shall file an application by June 1 of each year to elect to remit sales and use tax under this section for the 12-month period beginning July 1 and ending the following June 30 th.
SECTION 34. Section 67D of said chapter 62C, as so appearing, is hereby amended by inserting after the word "manufacturing", in lines 4, 14, 26, 37, 40, 55, 70, 76, 91, 99, 108, and 113, in each instance, the following words: "or marine science technology.
SECTION 35. Said section 67D of said chapter 62C, as so appearing, is hereby further amended by inserting after the definition of "Local jobs created" the following definition:-
"Marine science technology company," a business engaged in research, exploration, operations, monitoring or defense in marine settings. This term shall include contract manufacturers engaged in the production of such products for a marine science technology company.
SECTION 36. Said section 67D of said chapter 62C, as so appearing, is hereby further amended by inserting after the word "respectively", in line 68, the following words:- , or direct manufacturing or professional services performed by an employee of a marine science technology company during a calendar year that consists of research, exploration, operations, monitoring or defense in a marine setting.
SECTION 37. Chapter 63 of the General Laws is hereby amended by inserting after section 31K the following section:-
Section 31L. (a) As used in this section the following terms shall, unless the context otherwise requires, have the following meanings:-
"Department", the department of revenue.
"Medical device", an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including a component part or accessory, which is recognized in the official National Formulary or the United States Pharmacopoeia, or any supplement thereto, intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease in humans or other animals and which does not achieve any of its primary intended purposes through chemical action within or on the body of a human or other animals and which is not dependent upon being metabolized for the achievement of any its primary intended purposes.
"Medical device company", (1) a domestic corporation organized under or subject to chapter 156B or chapter 156D, (2) a limited liability company organized under chapter 156C and otherwise subject to this chapter, or (3) a corporation, organization or association, established, organized or chartered under laws other than those of the commonwealth and otherwise subject to this chapter and, in each case, which has a usual place of business within the commonwealth wherein medical devices are developed or manufactured.
"Medical device tax credit", the tax credit established pursuant to this section that the medical device company generated but was unable to claim as of the close of the last taxable year for which a return was filed because of limited tax liability.
"User fees", the monetary amount actually paid by a medical device company to the United States Food and Drug Administration during the taxable year for a pre-market approval to market new technologies developed or manufactured in the commonwealth or for a 510(k) clearance to market upgrades, changes or enhancements to existing technologies that are developed or manufactured in the commonwealth as stipulated in the federal Medical Device User Fee and Modernization Act.
(b) There shall be allowed to any medical device company as a credit against the tax liability imposed under this chapter an amount equal to 100 per cent of the cost of user fees paid by such medical device company during the taxable year for which the tax is due.
(c) The department shall establish a medical device tax credit transfer program to allow medical device companies doing business in the commonwealth with unused medical device tax credits to transfer such credits for use by a purchasing company in exchange for private financial assistance to be provided by such company to assist in the funding of costs incurred by the medical device companies. Private financial assistance, as used in this section, shall mean the proceeds of the sale of available tax credits. The private financial assistance shall be used to fund expenses incurred in connection with the operation of the medical device company in the commonwealth, including costs associated with fixed assets, such as the construction and acquisition and development of real estate, materials, start-up, tenant fit-out, working capital, salaries, research and development expenditures, and any other expenses determined by the department to be necessary to carry out the purposes of the program. A medical device company that wishes to participate in the program shall file an application with the department on a form prescribed by the department that sets forth the medical device tax credit amounts eligible for transfer, the use to which the medical device company intends to put the private financial assistance to be provided the identity of the purchasing company, the amount of the financial assistance to be provided, and such other information as the department may require. No such medical device tax credits may be surrendered unless the purchasing company provides financial assistance in an amount at least equal to 75 per cent of the medical device tax credit amounts eligible to transfer. The department shall review such application and, if the proposed transfer meets the requirements of this section, upon receipt of a notarized statement signed under the pains and penalties of perjury by an authorized representative of the medical device company that the purchasing company has provided the specified financial assistance, the department shall issue a certificate to the purchasing company reflecting the medical device tax credit amounts transferred, a copy of which shall be attached to each tax return by a purchasing company in which such medical device tax credits are used. The purchasing company shall treat the medical device tax credit amounts purchased under the program as a credit against its excise under this chapter. The purchasing company must use the medical device tax credit amounts in tax returns filed within 5 years of the issuance of the certificate, after which period the credits will expire. The purchasing company may not use the medical device tax credit amounts to reduce the excise tax to less than the amount due under subsection (b) of section 32, or subsection (b) of section 39. No medical device company surrendering medical device tax credits under the program may use the benefits to reduce its tax liability under this chapter.
(d) The commissioner shall promulgate rules and regulations relative to the administration and enforcement of this section.
SECTION 38. Section 38Q of said chapter 63, as so appearing, is hereby amended by striking out, in line 3, the figure “2005” and inserting in place thereof the following figure:- 2010.
SECTION 39. Said section 38Q of said chapter 63, as so appearing, is hereby further amended by adding the following subsection:-
(g) All or any portion of tax credits issued in accordance with this section may be transferred, sold or assigned to any taxpayer with a liability under this chapter or chapter 62. A corporation desiring to make a transfer, sale or assignment shall submit to the commissioner a statement which describes the amount of the Massachusetts environmental response action tax credit for which such transfer, sale or assignment of Massachusetts environmental response action tax credit is eligible. Such a corporation shall provide appropriate information so that the environmental response action tax credit can be properly allocated. The commissioner shall issue a certificate to the party receiving the environmental response tax credit reflecting the amount of tax credit received, a copy of which shall be attached by the party receiving the environmental response tax credit to each tax return in which the tax credits are used.
(h) The commissioner shall annually, not later than September 1, file a report with the house and senate committees on ways and means, the joint committee on community development and small businesses and the joint committee on economic development and emerging technologies identifying the total amount of tax credits claimed pursuant to this section and the total amount of tax credits transferred, sold or assigned pursuant to this section in the preceding fiscal year.
SECTION 40. Subparagraph (i) of paragraph (1) of subsection (b) of section 38R of said chapter 63, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commissioner, in consultation with the Massachusetts historical commission, shall authorize annually, for the 6 year period beginning January 1, 2005, and ending December 31, 2010, under this section together with section 6J of chapter 62, an amount not to exceed $30,000,000 per year.
SECTION 41. Section 11 of chapter 614 of the acts of 1968 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- In the discretion of the authority, any revenue bonds issued under this act may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be any trust company or bank chartered or incorporated in the United States and having the powers of a trust company or bank.
SECTION 42. Said section 11 of said chapter 614 of the acts of 1968 is hereby further amended by striking out the fourth sentence and inserting in place thereof the following:- Any bank or trust company or such savings bank which may act as depository of the proceeds of bonds or of such revenues or other moneys may furnish such indemnity bonds or pledge such securities as may be required by the authority.
SECTION 43. Section 25 of chapter 175 of the acts of 1998, as most recently amended by section 8 of chapter 45 of the acts of 2005, is hereby further amended by striking out the figure "2008" and inserting in place thereof the following figure:- 2010.
SECTION 44. The first paragraph of section 390 of chapter 149 of the acts of 2004 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The advisory board shall consist of 10 members including: the executive department’s chief information officer; the judicial department’s chief information officer; the treasurer or his designee; the attorney general or his designee; the secretary of the commonwealth or his designee; the auditor or his designee; 1 member appointed by the president of the senate; 1 member appointed by the speaker of the house; and 2 members appointed by the governor for terms of 1 year each, 1 of whom shall have expert knowledge in the area of information technology, 1 of whom shall represent the interests of business and the other interests of the consumers.
SECTION 45. The second paragraph of said section 390 of said chapter 149 is hereby amended by striking out the words “The board shall annually, by July first of every year, draft, recommend and present for signature to the governor, the speaker of the house of representatives, the president of the senate, the chief justice of the supreme judicial court and the constitutional offices that shall include information technology standards and a strategic plan for the signatories’ acquisition and use of information technology. In addition, the” and inserting in place thereof the word:-
The..
SECTION 46. Item 2 of chapter 45 of the acts of 2005 is hereby amended by striking item 4401-1100 and inserting in place thereof the following item:
4401-1100
Notwithstanding any general or special law to the contrary, the department of transitional assistance may expend reimbursements received from the United States Department of Agriculture for food stamp employment and training programs as provided in section 2B of chapter 18 of the general laws; provided, that the department shall expend the equivalent of $3,000,000 in such revenue received from employment and training services provided by or under contract with said department, the department of mental health, the department of mental retardation, and the Massachusetts rehabilitation commission, plus any federal funds received for food stamp outreach, on employment and training services provided to recipients and former recipients of transitional aid to families with dependent children..................$20,000,000
SECTION 47. Item 7002-0100 of section 2 of said chapter 45 is hereby amended by adding the following words:- ; provided, that the department of workforce development shall provide the funds necessary to carry out the activities of the workforce development task force, established in section 63 of chapter ___ of the acts of 2005; provided further, that the department shall use up to $500,000 for this purpose and shall provide administrative support to the task force, as requested
SECTION 48. Item 7003-0605 of said section 2 of said chapter 45 is hereby amended by adding the following words:- and for programs designed to assist small and mid-sized manufacturing companies; provided, that not less than $306,666 shall be made available for the operation and maintenance of the Innovation Program at the Massachusetts Manufacturing Extension Partnership and not less than $250,000 shall be made available for the Supply Chain Initiative at the Massachusetts Manufacturing Extension Partnership
SECTION 49. Item 7003-0702 of said section 2 of said chapter 45 is hereby amended by striking out the words “and provided further, that not less than $7,500 shall be provided for the Bonnie Brae Camp in the city of Gardiner” and inserting in place thereof the following words:- provided further, that not less than $7,500 shall be provided for the Bonnie Brae Camp in the city of Gardiner; and provided further, that not less than $200,000 shall be expended for a pilot program to provide employment training and job placement by the Center for Adaptive Learning and Programs, provided that the contribution of funds for said Center shall be matched by contributions from private entities equal to 1 times the expenditures from this item.
SECTION 50. Item 7003-0702 of said section 2 of said chapter 45 is hereby amended by adding the following:- provided further, that not less than $200,000 shall be transferred to the Falmouth Economic and Development Corporation for the creation of the Regional Technology Development Center of Cape Cod
SECTION 51. Item 7003-0702 of said section 2 of said chapter 45 is hereby amended by striking out the words “that not less than $300,000 shall be expended to provide employment, training and job placement by Year Up of Boston” and inserting in place thereof the following words:- that not less than $600,000 shall be expended to provide employment, training and job placement by Year Up of Boston.
SECTION 52. Said section 2 of said chapter 45 is hereby further amended by striking out item 7003-0803 and inserting in place thereof the following item:-
7003-0803
For one-stop career centers; provided, that each career center shall inform unemployed or underemployed recipients of transitional aid to families with dependent children benefits who seek assistance from the center of the full range of education and training programs that are available to them, the availability of jobs in the professions for which the programs prepare participants, and the average wage rates in the professions within the commonwealth; provided further, that such information shall encompass certified nurses aide training programs, job availability and wage rates; provided further, that the department of workforce development shall conduct an annual evaluation of the use of one-stop career centers including, but not limited to, the numbers of individuals and employers served in each region, the services provided by each one-stop career center, the number of persons served by and costs of operating the connecting unemployment insurance claimant initiative in one-stops and the costs of providing each person served the range of one-stop career services; provided further, the department shall provide an analysis of the level of funds needed to adequately support the services at one-stop career centers; provided further, that the director shall annually, by September 31, report to the secretary of administration and finance, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, and the joint committee on labor and workforce development on the status of the evaluation herein required and the allocation of said funds....................6,000,000
SECTION 53. Item 7007-0900 of said section 2 of said chapter 45 is hereby amended by adding the following:- provided further, that not less than $2,000,000 shall be granted to the city of Pittsfield for cultural and streetscape improvements in downtown Pittsfield; provided further, that not less than $1,000,000 shall be expended for Sail Boston and Sail Massachusetts 2007 public safety and marketing expenses, subject to 1:1 matching requirements; provided further, that not less than $1,000,000 shall be expended for the Massachusetts Sports and Entertainment Partnership for facilitation, promotion, and coordination of the National Collegiate Athletic Association 2006 Women’s Final Four basketball championship; provided further, that not less than $350,000 shall be expended for fixed and public safety costs for the Head of the Charles Regatta; provided further; that not less than $1,000,000 shall be expended for Old Sturbridge Village to implement its strategic plan for the upgrade of technology, transportation, exhibits and visitor activities; provided further, that not less than $500,000 shall be transferred to the city of Pittsfield to assist with the development of the Pittsfield Cinema Center; provided further, that not less than $500,000 shall be transferred to the Shirley Shaker Village for the preservation of its deteriorating buildings; provided further, that not less than $250,000 shall be expended for an educational tourism program, modeled on the ‘Campus Visit Partnership’ program in Pennsylvania, subject to 1:1 matching requirements; provided further, that not less than $300,000 shall be transferred to the city of Pittsfield for the restoration of Pittsfield’s Historic Gateway; provided further, that not less than $250,000 shall be expended for restoration of the Schooner Ernestina; provided further, that not less than $75,000 shall be transferred to the Hancock Shaker Village; provided further, that a one time grant of $500,000, subject to a one-to-one match, be awarded to the North Shore Music Theatre for restoration of the theatre; provided further, that $75,000 shall be transferred to the Plymouth County Convention and Visitors Bureau for the implementation of a new website; provided further, that $50,000 shall be transferred to the Thornton W. Burgess Society for the construction of a new education building; provided further, that $250,000 shall be transferred to the Boston Harbor Island Alliance for costs associated with the new visitor contact station known as the Harbor Park Pavilion on Parcel 14 of the Rose Kennedy Greenway; provided further, that not less than $200,000 shall be expended for the purpose of restoring the Old Indian Meeting House, in the town of Mashpee; provided further, that $250,000 shall be expended for new seating in the historic Chevalier Auditorium in Medford; provided further, that $100,000 shall be expended for capital improvements to the Forest Park Zoo
SECTION 54. Said section 2 of said chapter 45, as so appearing, is hereby further amended by inserting, after line item 7007-0900, the following line item:
7007-0933
For the University of Massachusetts Boston for the design, construction and development of a Venture Development Center, a state of the art research and business center offering specialized core research and development facilities for collaboration with businesses and other research institutions to develop methods and technologies that can be translated into new commercial services and products; provided, that $4,000,000 may be used for construction in the former cafeteria of the Wheatley building and equipment, and not more than $1,000,000 may be used for start-up and operating expenses; provided further, that such funds shall not be available for faculty salaries; provided further, that such funds will be available through June 30, 2010…………..5,000,000
SECTION 55. Said section 2 of said chapter 45 is hereby further amended by striking out item 7027-0016 and inserting in place thereof the following item:-
7027-0016SECTION 56. Said section 2 of said chapter 45 is hereby further amended by striking out item 7027-0019 and inserting in place thereof the following item:-
7027-0019SECTION 57. Said section 2 of said chapter 45 is hereby further amended by striking out item 7035-0002 and inserting in place thereof the following item:-
7035-0002SECTION 58. Item 1599-2005 of section 2A of Chapter 81 of the Acts of 2005 is hereby amended by adding after the word “means”, the following:-
provided further, that funds from this item shall be expended for the costs associated with the declaration of a State of Emergency by the Commonwealth of any city or town, as a result of excessive rain, floods or potential dam breaches; provided further, that the costs shall include, but not be limited to, those costs incurred by the commonwealth and the city or town for fire, police, emergency personnel, and for assistance to businesses and individuals in the city or town who were directly impacted by the emergency declaration; provided further, that the distribution of funds shall be coordinated by the Massachusetts emergency management agency; and provided further, that the agency shall incorporate all available federal funds into the distribution of state funds and shall minimize the distribution of state funds from this item
SECTION 59. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out the provisions of section 2B, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, $200,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Commonwealth Investment Act of 2005, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2030. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.
SECTION 60. Notwithstanding any general or special law to the contrary, the University of Massachusetts is authorized to serve as the sole member of a new corporation to be formed under chapter 180 of the General Laws, to be named the Corporation for Advanced Manufacturing in Massachusetts, hereinafter referred to as the corporation. The corporation shall have all the powers permitted under said chapter 180, including without limitation (1) receiving, taking title to, holding managing, developing, improving, demolishing, renovating, leasing for terms up to 99 years, or otherwise transferring, conveying or dealing with any real or personal property conveyed or transferred to it; (2) operating, providing, managing, contracting, or otherwise arranging for services related to advanced manufacturing in the Commonwealth; (3) to be an incorporator of other corporations; (4) contracting or collaborating with other public and private entities relative to bio-manufacturing and nano-manufacturing; (5) to promote applied research in advanced technologies, including but not limited to bio-manufacturing and nano-manufacturing. The corporation, its directors and officers shall be entitled to all rights, privileges, and immunities and shall be subject to all liabilities set forth in said chapter 180. Said corporation shall collaborate with the Massachusetts Life Sciences Center, established pursuant to chapter 23H of the General Laws, in order to develop a strategic plan for the purposes of enhancing advanced manufacturing in the Commonwealth and promoting life sciences in Massachusetts.
SECTION 61. Notwithstanding any general or special law or regulation to the contrary, there is hereby established a special commission to study what economic incentive would be created by criteria intended to provide enhanced access to the commonwealth’s MassHealth preferred drug list for in-state pharmaceutical companies. The commission shall examine the current criteria that the office of medicaid uses to determine access to the preferred drug list and shall determine whether the office has taken any action that unduly restricts access to drugs that are manufactured by in-state pharmaceutical companies. The commission shall recommend policies for the office that will encourage drug companies to locate facilities in Massachusetts and create jobs, which will provide economic stimulus to the commonwealth. The commission will conduct a cost benefit analysis to determine if there will be a savings or an added cost to the commonwealth by adding drugs to the Mass Health preferred drug list produced by in-state pharmaceutical companies, and shall determine if any added cost could be reduced or eliminated by applying a voluntary price neutralization factor from the pharmaceutical company. The net effect should be measured against the positive economic impact of corporate investments, jobs and tax revenue generated by said companies. The commission shall also examine the legal implications of implementing preferential access for only in-state pharmaceutical companies to the state’s preferred drug list.
The special commission shall consist of the secretary of the executive of office of administration and finance or his designee, the secretary of the executive office of health and human services or his designee, the secretary of the executive office of economic development or his designee, the president of the senate or his designee, the speaker of the house of representatives or his designee, and 2 members of the Massachusetts Biotechnology Council to be appointed by the Governor, 1 of whom shall be a company with no fewer than 300 employees. The special commission shall report to the General Court the results of its investigation and study, together with recommendations and drafts of legislation necessary to carry out any recommendations, by filing the report with the clerk of the senate and the house of representatives on or before April 1, 2006.
SECTION 62. Notwithstanding any general or special law to the contrary, the department of housing and community development shall establish a program to help businesses develop employer-assisted housing funds. An employer-assisted housing fund established by a business shall provide grants or loans for housing located in the state and shall make the grants or loans available for all employees, including seasonal employees, of the business or any subsidiary thereof whose annual household income does not exceed 120 per cent of the area-wide median income as determined by the United States Department of Housing and Urban Development. Not less than 50 per cent of the business’ employer-assisted housing fund shall be available for employees whose annual household income does not exceed 80 per cent of the area-wide median income as determined by the United States Department of Housing and Urban Development. Businesses offering an employer-assisted housing program may establish requirements for employee participation, including incentives that encourage neighborhood revitalization or encourage employees to locate housing near their place of work, that are not inconsistent with the procedures adopted by the department. Grants and loans from any business’ employer-assisted housing fund shall be spent in this state and may be used for the cost of housing that is to be a principal residence, including cooperative housing, and falls within price guidelines established by the department, including 1) purchasing costs, including costs for down payments, mortgage interest rate buy-downs, closing costs and other costs determined to be eligible by the department, except that no grants or loans from said fund may be used for refinancing; 2) rental costs, including payments for security deposits, advance rental payments and other costs determined to be eligible by the department; and 3) construction costs, including initial costs for construction loans and other costs determined to be eligible by the department, except that no grants or loans from said fund may be used to finance renovations to a structure the employee already owns as a principal residence. The department, subject to appropriation, shall contribute to a business’ employer-assisted housing fund $1 for every $2 expended by the business from the employer assisted housing fund as provided in this act, up to a maximum of $100,000 annually for each business’s fund. The total amount of assistance offered to all businesses under this act shall not exceed 5 million dollars annually. No assistance shall be granted to any bank, bank and trust company, insurance company, trust company, national bank, savings association, or building and loan association or any other business entity for activities that are a part of its normal course of business but such businesses may receive assistance pursuant to this act for employer assisted housing funds for its own employees. The department shall adopt written procedures for the establishment and operation of employer-assisted housing funds eligible for the assistance provided in this act. The procedures shall include provisions for employee eligibility and shall specify expenses for which grants and loans may be made and provide the documentation and procedures necessary for businesses to qualify for the assistance. The department shall require each business that has established an employer-assisted housing fund to report to the department to allow it to evaluate the effectiveness of the program. The department shall report annually, beginning February 1, 2006, to the house and senate committees on ways and means and the joint committees on housing and community development and small business, detailing all expenditures of said program including, but not limited to, the recipient of the funds and the types of projects funded.
SECTION 63. Notwithstanding any other general or special law to the contrary, there is hereby established a performance standards and workforce accountability task force. The task force shall develop and recommend policies that advance skills and workforce development opportunities for incumbent, unemployed and underemployed youth and adult workers whose lack of skills prevent or limit their successful employment. Lack of skills may include, but shall not be limited to, being less than proficient in English, mathematics, reading, writing, science and technology, or such other skills as Massachusetts employers may identify. The following groups shall be specifically targeted for assistance: adult workers with no post-secondary education; adult immigrants who seek to learn English; adults without a high school diploma; displaced workers; older workers; individuals not currently connected to the workforce; and youths between the ages of 16 and 21 who have either dropped out of school or are at risk of dropping out, or who are academically at-risk of not completing the requirements for high school graduation. The task force shall develop recommendations which shall include, but not be limited to, the following: (i) maximizing the skills gained, the number of people served, and the quality of outcomes achieved through the workforce development system; (ii) increasing services and resources for those most in need and for the purpose of moving individuals and families out of poverty; (iii) identifying professional development and technical assistance needs and resources to strengthen workforce development programs and the skills of staff who deliver workforce development services; and (iv) evaluating and analyzing current local and state policies for the governance and coordination of workforce development agencies and programs in Massachusetts and making recommendations for improving coordination, oversight, performance standards, streamlining bureaucracy and maximizing resources.
The task force shall design and conduct an evaluation and analysis of the present governance and coordination of workforce development agencies and programs in Massachusetts. On the basis of that study the task force shall recommend to the general court, and other appropriate agencies, policies and changes to policies likely to improve the results of workforce development efforts in the commonwealth. Said recommendations shall address improving coordination, oversight and maximizing resources. The goals of the study shall include assisting Massachusetts citizens in making better use of the state's workforce development system, defining clearer lines of responsibility and accountability, and analyzing the management of the system in an effort to both improve service delivery and supplementing the resources available for education and training. The task force shall publish a resource guide of all the workforce education and training resources in the commonwealth.
The task force shall consist of the following members: 2 members to be appointed by the governor, 1 of whom shall be the director of the department of workforce development or his designee; 2 members to be appointed by the president of senate; 2 members to be appointed by the speaker of the house of representatives; the chancellor of the board of higher education or his designee; the secretary of the executive office of health and human services or his designee; 1 member from the Massachusetts Business Roundtable; 1 member from the Associated Industries of Massachusetts; 2 members selected by the President of the Massachusetts AFL-CIO; 2 employer members from the Massachusetts Workforce Investment Board Association; 1 Member from the Workforce Investment Association of Massachusetts; 1 member from the executive office of community colleges; 1 member from the department of education; 1 member from the Massachusetts Workforce Investment Board; 1 member from the Commonwealth Corporation; 1 member from the Women's Union; 1 member from the Massachusetts State Colleges Council of Presidents; 1 member from the Massachusetts Association of Community Development Corporations; 1 member from the Massachusetts Coalition for Adult Education; 1 member from JFYNetWorks and 1 member from the Massachusetts Workforce Alliance. Members of the task force shall serve without compensation. The task force shall be co-chaired by 2 members of the taskforce, appointed jointly by the president of the senate and the speaker of the house of representatives and shall annually, on or before December 31, file a report with the clerk of the house and senate, the house and senate committees on ways and means and the joint committee on labor and workforce development and the joint committee on economic development and emerging technologies.
The department of workforce development shall provide the funds necessary to carry out the activities of this section through workforce investment act funds. The department may use up to $500,000 of the workforce competitiveness trust fund for this purpose and shall provide administrative support to the task force, as requested.
SECTION 64. It shall be the responsibility of the department of workforce development, through the Commonwealth Corporation, in consultation with the workforce accountability task force to evaluate existing, and develop additional, performance standards for workforce and job-training programs receiving state funding in the areas of employment, skill, education, business and customer satisfaction impact for the agencies of the commonwealth that provide workforce development resources, education or training programs as defined by the task force. Commencing July 1, 2006, all workforce development services and job skills training programs receiving state or federal funds must submit, not later than June 30, an annual performance report to the department, the state workforce investment board, the house and senate committees on ways and means, the joint committee on education, the joint committee on higher education, the joint committee on economic development and emerging technologies, and the joint committee on labor and workforce development. The annual performance report shall use the employment, education, business and customer satisfaction measures and standards as agreed upon and shall include any recommendations for the termination of any programs no longer required.
SECTION 65. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Technology Park Corporation, established pursuant to chapter 40J of the General Laws, shall establish a program for the purposes of awarding grants to qualified manufacturers for the purpose of promoting defense industry-related technology development in southeastern Massachusetts. The corporation shall award such grants to qualified manufacturers for the purpose of assisting with the expansion or upgrading of existing manufacturing facilities located in southeastern Massachusetts to promote the development of new technologies and economic activity in the region.
The corporation, in consultation with the southeastern regional planning and economic development district, established pursuant to section 9 of chapter 40B of the General laws, shall develop rules for the administration of the grant program which shall set forth the terms, procedures, standards and conditions which the corporation shall employ to award the grants. The rules shall define qualified manufacturers as manufacturers who manufacture microdisplays for defense and related industries and who employ at least 100 employees in southeastern Massachusetts.
The corporation shall submit a report to the Joint Committee on Commerce and Labor and to the House and Senate Committees on Ways and Means, detailing the operations of the grant program and the amount of jobs created or preserved by said grant.
SECTION 66. Notwithstanding any law, regulation, or policy to the contrary, no state funds shall be obligated or expended for the demolition of the existing Brightman Street Bridge connecting Fall River and Somerset. The state shall continue to maintain and operate the existing Brightman Street Bridge as an emergency service route as well as a pedestrian and bicycle route.
SECTION 67. Not later than 10 days after the effective date of this act, the comptroller shall transfer $158,920,000 from the Commonwealth Stabilization Fund, established pursuant to section 2H of chapter 29 of the General Laws, to the General Fund.
SECTION 68. Notwithstanding any other general or special law to the contrary, 10 days after the effective date of this act, the comptroller shall transfer $2,000,000 from the General Fund to the CITI Fund.
SECTION 69. Notwithstanding any general or special law to the contrary, not less than 10 days after the effective date of this act, the comptroller shall transfer $13,000,000 from the General Fund to the Massachusetts Cultural Facilities Fund established pursuant to section 42 of chapter 23G of the General Laws.
SECTION 70. Notwithstanding any general or special law to the contrary, not later than 10 days after the effective date of this act, the comptroller is hereby authorized and directed to transfer $30,000,000 from the General Fund to the Brownfields Redevelopment Fund established pursuant to section 29A of chapter 23G of the General Laws but not more than $3,000,000 of this amount shall be used for grants for asbestos and lead paint abatement.
SECTION 71. Notwithstanding any general or special law to the contrary, 10 days after the effective date of this act, the comptroller shall transfer $5,000,000 from the General Fund to the Scholar/Internship Match Fund established pursuant to section 2RRR of chapter 29 of the General Laws.
SECTION 72. Notwithstanding any other general or special law to the contrary, 10 days after the effective date of this act, the comptroller shall transfer $4,000,000 from the General Fund to the Massachusetts Science, Technology, Engineering and Mathematics Grant Fund established pursuant to section 2 MMM of chapter 29 of the General Laws.
SECTION 73 Notwithstanding any general or special law to the contrary, 10 days after the effective date of this act, the comptroller shall transfer to the Massachusetts Technology Collaborative the amount of $250,000 from the General Fund for the operation of the Wireless & Broadband Affairs Office created pursuant to section 23 of this act.
SECTION 74. Notwithstanding any general or special law to the contrary, 10 days after the effective date of this act, the comptroller shall transfer to the Massachusetts Technology Collaborative the amount of $2 million from the General Fund to be used for the expansion of wireless and broadband access. Said funds shall be administered by the Wireless & Broadband Affairs Office, with consultation from the Wireless & Broadband Development Council. Pursuant to this section, the office shall submit an initial report to the governor and the general court that examines access to wireless, cellular and broadband internet services in the commonwealth not later than April 15, 2006. Said report shall include, but not be limited to:
(i) a comprehensive needs assessment for wireless and broadband access in each county and municipality, taking into consideration the needs and demands of businesses, residents, consumers and public safety officials;
(ii) an examination and evaluation of programs in communities within the commonwealth with existing wireless internet and broadband capabilities;
(iii) policy options at the state, county and municipal level to provide expanded or universal wireless access;
(iv) the costs and potential funding mechanisms to pay for such policy options, including funding from commonwealth appropriations, county and local appropriations, private assessments or taxes, and other funding options;(v) identification of physical boundaries and “last-mile” areas that would require special solutions in gaining access to wireless and broadband services;\
(vi) identification of open “dark fiber” and telecom towers owned by the commonwealth, contracted or non-contracted telecommunications companies in the commonwealth;(vii) identification of any state law or regulation that hinders or affects the expansion of wireless and broadband communications services in the state;
(viii) an analysis of best practice initiatives in other cities and states to expand wireless access and a subsequent analysis of which similar approaches would be appropriate in the commonwealth;(ix) specific steps required to implement any policy options recommended by the council; and
SECTION 75. Notwithstanding any general or special law, rule or regulation to the contrary, a certain parcel of land located on the northerly side of Medford street in the Charlestown section of the city of Boston is hereby eliminated as a Designated Port Area under 301 C.M.R. 25 and 310 C.M.R. 9 and any other applicable provision of the code of Massachusetts regulations. Said parcel is located at 261-287 Medford street in Charlestown, assessor’s parcel number 02-02750-000, contains approximately 30,470 square feet of land and is registered under certificate of title number 109069 in the Registry District of Suffolk County.
Notwithstanding chapter 91 of the General Laws or any other general or special law, rule or regulation to the contrary, no waterways license pursuant to said chapter 91 shall be required for the construction, reconstruction, renovation, use or re-use of any building or structure, which is or may be: (a) constructed on present or former private tidelands filled under the authority of chapter 105 of the acts of 1852, chapter 481 of the acts of 1855 or chapter 334 of the acts of 1893; (b) located more than 500 feet from the current high water mark of the Mystic River; and (c) located on the parcel at 261-287 Medford street in Charlestown.
SECTION 76. Notwithstanding any general or special law to the contrary, not more than 15 days after the effective date of this act, the Executive Director of the Boston Harbor Alliance shall file semi-annual reports on the progress of the new visitor contact station with the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee
SECTION 77. Notwithstanding any general or special law to the contrary, the commissioner of the department of revenue shall promulgate rules or regulations for the administration and enforcement of sections 32 and 33, which shall take effect on July 1, 2006.
SECTION 78. Sections 34, 35 and 36 shall be effective for tax years commencing on or after January 1, 2005.