SENATE, No. 2264

The Commonwealth of Massachusetts

In the Year Two Thousand and Five.

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 those 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
2511-0100.........................................................................................................75,000

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT.
Department of Workforce Development.

7002-0100.........................................................................................................500,000
7003-0605.........................................................................................................556,666
7003-0702.........................................................................................................700,000

Department of Housing and Community Development.

7004-0099.........................................................................................................75,000

Department of Business and Technology.

7007-0900.........................................................................................................9,100,000
7007-1000.........................................................................................................500,000
7007-1200.........................................................................................................1,000,000
7509-1000.........................................................................................................150,000

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 ADMINISTRATION AND FINANCE.
Reserves.

1599-1950 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

1599-7107 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

1599-7106 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 Authority shall require the assurance of labor harmony during all phases of development, including construction, reconstruction and capital and routine maintenance and shall provide adequate remedies to address the failure to maintain labor harmony which shall include, but not be limited to, assessment of liquidated damages and contract termination; and provided further, that the payment of prevailing wages, in accordance with sections 26 to 27F, inclusive, of chapter 149 of the General Laws, shall be required for all phases of these projects.............................................................21,000,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Office of the Secretary.

2020-0101 For the office of technical assistance to provide technical assistance and outreach capacity to support chapter 43D of the General Laws...........................1,800,000
2330-0101 For the purpose of designing a comprehensive vessel buyback program, to be used as the basis for federal funding and implementation of the program..................................75,000

Department of Agricultural Resources.

2511-0340 For the Agricultural Innovation Center; provided that the Agricultural Innovation Center shall be established in consultation with the Center for Agriculture at the University of Massachusetts at Amherst; provided further, that the Agricultural Innovation Center shall provide a broad range of technical and business development services to the commonwealth’s agricultural producers that may add value to the producers products and services; provided further, that the Agricultural Innovation Center shall develop an outreach program to identify and foster new, innovative ideas and approaches to adding value to the commonwealth’s agricultural economy; and provided further, that the Agricultural Innovation Center shall solicit requests from the commonwealth’s agricultural industry for funding and technical assistance in training, marketing, distribution, applied research, agri-tourism, aquaculture, forestry, processing, fiber, and agricul-
tural resource management.........................................................................................................1,000,000

EXECUTIVE OFFICE OF TRANSPORTATION.

6033-0430 For the executive office of transportation for the construction, development, modernization, rehabilitation, upgrade and improvement of certain public transportation-related infrastructure as described in this item in and around the city of Boston, including the Longwood Medical Area,
Kenmore Square, Medical Academic and Scientific Community Organization (MASCO) affiliated members, the Fenway, Fenway Park, and the campus of Boston University, to develop, facilitate, and promote continued economic development for the commonwealth, including job growth, economic advancement, increased research, innovation, product development, academic research, enrollment growth, investment, construction of commercial and residential facilities, and other increased economic activity of the businesses, hospitals, health care and related institutions or facilities, schools, colleges and universities, entertainment venues, shops, restaurants, service providers, museums and cultural institutions serving as an economic gateway to the city of Boston, thereby generating new and increased economic activity for life sciences, biotechnology, pharmaceuticals, health care and related activities, educational and other non-profit institutions, entertainment enterprises and other businesses resulting in a greater demand and need for improved public transit, roadways, lighting, utilities, traffic control, pedestrian access, public safety, access to public transportation facilities and services, and compliance with the Americans with Disabilities Act, while promoting increased economic development activity and maintaining the character of this area in and around the city of Boston, specifically including: not less than $12,500,000 for the planning, design and construction of roadway improvements to Sears Rotary, Ipswich Street, Maitland Street, Francis Street, Brigham Circle, the Honorable Phillip Griggs Bowker Interchange, and Yawkey way in the City of Boston, not less than $5,600,000 for the city of Boston for the planning, design and construction of traffic management, including new and improved signals and traffic management equipment for Brookline avenue, Boylston street, Beacon street, Commonwealth avenue, Melnea Cass boulevard, Ruggles street and other streets and roadways in and around the Longwood Medical, Fenway and Kenmore Square areas, and for expansion of the staff and equipment of the Boston Transportation Department’s Traffic Management Center; not less than $400,000 for a study of options to improve traffic flow in and around the Longwood Medical, Fenway and Kenmore Square areas and all intersecting streets and roadways, including but not limited to analysis of: (a) use of variable one-way lanes during peak traffic hours, (b) peak-time traffic restrictions and bus and ambulance priority lanes, (c) permanent re-routing of two-way streets to be one-way streets, and (d) part-time or total elimination of on-street parking on Brookline Avenue and other streets and roadways; not less than $12,000,000 shall be provided to the Massachusetts Bay Transportation Authority for the design, planning and construction of upgrades of Massachusetts Bay Transportation Authority Yawkey commuter rail station on the Worcester-Framingham line, including service improvements, an extension or reconstruction of the existing platform, new canopies, bus waiting area, vehicle and pedestrian access improvements to Beacon street and Brookline avenue and new universal crossover between the two Boston live tracks, east of Brookline Avenue; not less than $500,000 for a study and preliminary design, in consultation with the Massachusetts Turnpike Authority and the city of Boston, of a multimodal commuter rail and bus station and parking facility in North Allston, including but not limited to analysis of: (a) the siting of a North Allston station, taking into account current and future demand, and (b) creation of a Turnpike Authority access ramp to such a station; and not less than $5,000,000 shall be provided to the Massachusetts Bay Transportation Authority for the planning, design and construction of enhancements to the Fenway, Kenmore and Longwood stations on the Massachusetts Bay Transportation Authority Green Line, including but not limited to pedestrian access improvements, the addition of gates and storage tracks, and enhancements to improve connectivity with the Yawkey commuter rail station and for the planning, design, and construction of an additional commuter rail platform at Ruggles Station.........................................................................................................36,000,000

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT.
Office of the Secretary.

7002-0013 For the streamlining of state and local permitting processes; provided, that not less than $4,500,000 shall be expended for technical assistance grants as established in subsection (b) 3 of chapter 43D of the General Laws to be administered by the interagency permitting board; provided further, that not less than $400,000 shall be expended for state permit evaluation and to overhaul state agency services for streamlined and expedited permitting at the direction of the interagency permitting board; provided further, that such analysis and evaluation shall include the executive office of environmental affairs, the executive office of public safety, the executive office of transportation, and the executive office of economic development; and provided further, that not less than $1,200,000 shall be transferred to the Massachusetts Development Finance Agency to work with local governments to promote and implement chapter 43D of the General Laws to foster job creation efforts within the municipality and region..........................................6,100,000

Department of Workforce Development.

7003-1641 For a grant for the Small Business Association of New England for the layoff aversion through management assistance program for consultant and technical assistance to manufacturing companies in Massachusetts to prevent business closure and employee displacement; provided, that any such expenditure of the layoff aversion through management program as provided for in this item shall leverage at least $1 in matching funds for every $1 granted pursuant to this item; provided further, the president of the Small Business Association of New England shall file a quarterly report with 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 number of employees and manufacturing-based companies that have received financial assistance through this item, a detailed description of the services provided to manufacturing companies in the Commonwealth through the layoff aversion through management program, and a detailed account of the expenditures of the
layoff aversion program, including administrative costs.........................................................................................................500,000

Department of Housing and Community Development.

7003-0806 For the purpose of funding grants for projects benefiting older adults to providers of workforce development and job skills training services including but not limited to community based organizations...................................................................1,000,000

7004-2051 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; and provided further, that not less then $1,000,000 shall be expended for for repairs and improvements to the Stoughton train station and the surrounding central business district in the town of Stoughton, including but not limited to infrastructure and parking improvements, sidewalks, lighting, safety and aesthetic improvements ..................................................................26,000,000

7004-0097 To assist the city known as the town of Agawam with the creation and administration of a business improvement district..................50,000

7004-0090 For a one-time grant to the city of Quincy for use by the city in the financing of the Quincy Center revitalization initiative..........5,000,000
7004-2054 For the purposes of funding the employer-assisted housing program established pursuant to section 62 of this act........5,000,000
7007-0540 For the purpose of an economic grant to the city of Boston to be used solely as a grant to the developer of the Columbus Center Project to construct infrastructure decks and platforms which are part of that project......................4,300,000

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 a Massachusetts in-state sales force for the marketing and promotion of the commonwealth and to increase economic development within the commonwealth; provided, that said 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; provided further, that funds are available for expenditure through June 30, 2007..........1,500,000

7007-9031 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

7007-9033 For the Massachusetts Technology Park Corporation for the purposes of a grant program established in section 65 of this act.........3,000,000

7007-9036 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; and provided further, that not less than $1,000,000 shall be expended for economic revitalization in and around the Central Avenue business district in Milton, including but not limited to infrastructure and road improvements, side walks, lighting, safety and aesthetic improvements.....................3,500,000

7007-9038 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

7100-XXXX For a one-time appropriation for a public/private program of matching funds between the food science department of the University of Massachusetts at Amherst and private food industry businesses with the purpose of establishing the research, scientific and regulatory frameworks to expand the creation and production of high-value, high-growth and high-profitability functional foods and to stimulate growth and profitability in the food-producing industries in Massachusetts, provided, however, that the food industry must provide at least a 100 per cent match.....................200,000

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 FOR 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 less than $200,000 shall be expended for the planning, design and construction of a new visitors’ center on state highway route 127 in the town of Rockport; 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 $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 not less than $1,000,000 shall be expended for the purchase of certain property and for the design, planning and construction of green space and expanded parking in the town of Groveland; 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 not less than $2,000,000 shall be expended for the establishment of the Cranberry Bog Renovation Innovation Program; and provided further, that $1,000,000 shall be expended for the Our House for Design and Technology Center in the city of Lawrence, provided further, that $40,000 shall be expended to assist the city of Newton with a smart growth development plan for Newton Center, provided further that not less than $1,000,000 be expended for the Leominster flood mitigation project, and provided further, that not less than $500,000 shall be expended for the installation of air conditioning at the historic Memorial Hall in the city of Melrose to allow for year-round cultural performances; and provided further, that not less than $50,000 shall be expended for repairs and renovations to the historic Hartshorne House in the town of Wakefield; and provided further, that not less than $500,000 shall be expended for the Ashland Vision downtown renovation and redevelopment project in the town of Ashland; and provided further, that not less than $500,000 shall be expended for the Framingham Downtown Renaissance economic revitalization consortium and the development of a capital plan to assess infrastructure enhancement needs to support further development in the town of Framingham; and provided further, that not less than $250,000 shall be expended for a study to revitalize commercial and economic development in the city of New Bedford through redevelopment of the waterfront to a mixed commercial and residential zone; and provided further that not less than $2,000,000 shall be expended for environmental remediation and clean up at the Modern Electroplating site in the Roxbury section of the city of Boston; and provided further that not less than $500,000 be allocated to the Massachusetts Bay Transportation Authority for enhanced safety devices at the Wellesley Farms commuter rail station track crossing; and provided further, that $350,000 shall be expended for infrastructure improvements at the Melmark School; and provided further, that not less then $150,000 be expended for the North Main Street Planning Initiative located in the City of Worcester; and provided further, that $400,00 shall be expended for the design costs associated with the construction and improvement of Beacharm Street in the city of Everett; and provided further, that $20,000,000 shall be expended for the University of Massachusetts at Amherst’s, Integrated Science Building, referred to as the ISB.....................77,410,000

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

1599-7156 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 not less than $14,000,000 shall be used for the purposes of constructing a nano-manufacturing and bio-manufacturing facility at the University of Massachusetts Lowell; provided further, that the University of Massachusetts Lowell may borrow up to an additional $35,000,000 through the Massachusetts Health and Education Facilities Authority for the purpose 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 Authority shall require the assurance of labor harmony during all phases of development, including construction, reconstruction and capital and routine maintenance and shall provide adequate remedies to address the failure to maintain labor harmony which shall include, but not be limited to, assessment of liquidated damages and contract termination; and provided further, that the payment of prevailing wages in accordance with sections 26 to 27F, inclusive, of chapter 149 of the General Laws, shall be required for all phases of these projects; provided further, that $5,000,000 shall be transferred to a south coast center of excellence in marine science technologies; and provided further, that commencing on March 1, 2006, the executive director of said corporation shall report quarterly to the house and senate committees on ways and means and the joint committee on economic development and emerging technologies on matters related to the expenditure of such funds and activities undertaken therewith as provided in section 74 of chapter 141 of the acts of 2003.........................39,000,000

EXECUTIVE OFFICE OF TRANSPORTATION.

1599-1955 For the executive office of transportation for the construction, development, modernization, rehabilitation, up-grade and improvement of certain public transportation-related infrastructure as described in this item in and around the city of Boston, including the Longwood Medical Area, Kenmore Square, Medical Academic and Scientific Community Organization affiliated members, the Fenway, Fenway Park, and the campus of Boston University, to develop, facilitate, and promote continued economic development for the commonwealth, including job growth, economic advancement, increased research, innovation, product development, academic research, enrollment growth, investment, construction of commercial and residential facilities, and other increased economic activity of the businesses, hospitals, health care and related institutions or facilities, schools, colleges and universities, entertainment venues, shops, restaurants, service providers, museums and cultural institutions serving as an economic gateway to the city of Boston, thereby generating new and increased economic activity for life sciences, biotechnology, pharmaceuticals, health care and related activities, educational and other non-profit institutions, entertainment enterprises and other businesses resulting in a greater demand and need for improved public transit, public safety, access to public transportation facilities and services, and compliance with the Americans with Disabilities Act, while promoting increased economic development activity and maintaining the character of this area in and around the city of Boston, specifically including: not less than $11,000,000 shall be provided to the Massachusetts Bay Transportation Authority for the planning, design and construction of enhancements to the Fenway, Kenmore and Longwood stations on the Massachusetts Bay Transportation Authority Green Line, including but not limited to pedestrian access improvements, the addition of gates and storage tracks, and enhancements to improve connectivity with the Yawkey commuter rail station, and for the planning, design, and construction of an additional commuter rail platform at Ruggles Station; in recognition of a $450,000 appropriation in the federal Transportation Equity Act of 2005, not less than $90,000 for the Massachusetts Bay Transportation Authority to study, evaluate, and report on, no later than June 30, 2006, the benefits of a transit tunnel connecting Ruggles Station to the Fenway area; and not less than $8,000,000 shall be provided to the Massachusetts Bay Transportation Authority for the planning, design and construction of service enhancements to the Massachusetts Bay Transportation Authority Green Line, including installation of new eastbound crossover tracks at Park Street Station and a dynamic double berthing information system.........19,090,000

SECTION 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 7 is hereby further amended by adding the following section:—
Section 57. (a) There shall be a commonwealth information technology expert task force, referred to in this section as the task force, consisting of the chief information officer of the information technology division, the supervisor of records, the state archivist, 2 members to be appointed by the governor (1 of whom shall be a representative of the business community with experience in the telecommunications industry, and 1 of whom shall be a representative of the business community with experience in information technology), the state treasurer or his designee, the state secretary or his designee, and the state auditor or his designee. Citizen members of the task force shall be appointed for terms of 3 years or until a successor is appointed. Citizen members shall be eligible to be reappointed and shall serve without compensation. The supervisor of records shall act as the chair of the task force. The state archivist shall act as the task force secretary.
(b) The task force shall make recommendations concerning government information technology policy and practices. The task force shall issue an annual report to the governor, the general court, each constitutional officer and to the chief information officers of each city and town if requested 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.
No agency, department or municipality shall adopt or implement any technology policy, practice or standard concerning information technology standards or systems or the procurement or use of hardware, software, and cellular phones and other electronic devices, without the affirmative approval of the task force by majority vote. Any policy, practice or standard concerning the creation, storage or archiving of documents or materials shall also be approved by the supervisor of public records and the records conservation board, and shall be certified by the state auditor as maintaining or enhancing the commonwealth’s compliance with Section 508 of the federal Americans with Disabilities Act of 1973.

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 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, who shall be appointed by the governor unless provided otherwise: the commissioner of education or his designee; the commissioner of early education and care or his designee; the director of workforce development or his designee; the president of the Massachusetts Teachers Association or his 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 public school system or his designee; the president of the Technology Education Association of Massachusetts or his designee; the president or executive director of the Massachusetts Technology Leadership Council or her 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 in section 2MMM 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 to eliminate duplication and to provide for a single, coordinated, consolidated statewide network of science, technology, engineering and mathematics programs for in-state 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 commonwealth and make recommendations on ways to incorporate such changes in order to enhance the commonwealth’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 nonstate 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 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, the 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; but this amount shall be in addition to any other sums appropriated from the General Fund for such services, and 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. These 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. These funds are not used to supplant existing services.

SECTION 7A. Chapter 23A of the General Laws, as appearing in the 2004 Office Edition, is hereby amended by inserting after section 3H the following section:—
Section 3I (a) Notwithstanding any other provisions of this chapter, the department shall upon receipt of qualifying applications, expend not less than $500,000 annually in matching grants to assist municipalities to purchase environmental insurance for purposes of establishing and maintaining rail-trails, as defined in section 2 of chapter 21E and section 35A of chapter 82, utilizing the Brownfield’s Redevelopment Access to Capital Policy Form or similar or replacement form, with such terms, conditions, amendments and endorsements as are appropriate under the circumstances of the proposed rail-trail project, and with coverage limits of at least 3 million dollars per incident, a deductible of at most $50,000 per incident, and a term of at least 5 years.
(b) Unless specifically required by federal law in connection with any grant for construction of a rail-trail, a municipality that has applied for and received a grant and has purchased such environmental insurance as described in subsection (a) shall not be required to furnish to any person, authority or governmental entity, any other form of environmental insurance, or any defense, indemnification or hold harmless agreement with respect to any claims, injuries, costs, damages or other relief arising out of or related to the pre-existing release or threat of release of oil or hazardous materials at or from the project site as those terms are defined in chapter 21E, in connection with its design, acquisition, construction, use or maintenance of the rail-trail for which the application is made.
(c) The department shall promulgate such regulations, policies, or directives as are necessary to expedite the receipt and approval of grant applications from municipalities under this section.

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 that may result in increased employment or entrepreneurial opportunities for the citizens of the commonwealth and 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 terms 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 the Internal Revenue Code. This term may include, but shall not be limited to, museums, historical sites, zoos, aquariums, nature or science centers, theaters, concert halls, exhibition spaces, classrooms and auditoriums suitable for presentation of performing or visual arts. Municipally owned buildings, structures or sites must be a minimum of 50,000 square feet in size and 50 per cent or more of which is used as a cultural facility. 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.
“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 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 and they demonstrate 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.
“Feasibility and technical assistance grant”, a direct grant of money 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, except 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 money 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 money 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 money 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 or 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 the fund for an eligible project.
(2) There is hereby established and placed under the control of the agency the Massachusetts Cultural Facilities 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. 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 money 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. The agency may also make 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 the fund as the same become payable; (iv) for the payment of principal and interest on qualified investments secured by the fund or the payments of any redemption premium required to be paid when such obligations are redeemed prior to maturity; or (v) the reasonable costs of administering the fund; except that the 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, 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. 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. Grants for a total value of:
(i) less than $1,000,000 shall be subject to a dollar-for-dollar matching funding requirement of the amount of the grant;
(ii) greater than or equal to $1,000,000 but less than $2,500,000 shall be subject to a matching funding requirement of at least twice the amount of the grant;
(iii) greater than or equal to $2,500,000 but less than $4,000,000 shall be subject to a matching funding requirement of at least 3 times the amount of the grant; and
(iv) greater than or equal to $4,000,000 and not more than $5,000,000 shall be subject to a matching funding requirement of at least 4 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 a 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 the 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. 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 other just cause. 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 is hereby further amended by striking out section 43, as so appearing, 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; the director of the agency or his designee; and 6 members to be appointed by the governor, 1 of whom shall have expertise in fundraising, 1 of whom shall have expertise in finance and 1 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
5 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. Subsections (d), (f) to (i), inclusive, and subsection (l) 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 11A½ 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 2PPP 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 2PPP 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, provided that the Massachusetts Life Sciences Center shall not accept funding from any source, including the National Institute of Health, if the receipt of that funding would limit its ability to promote all forms of biomedical research or scientific inquiry;
(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, including, but not limited to: (a) exploring the feasibility of establishing and operating laboratory space in various places around the commonwealth, in locations convenient to the scientific research community, that may be used by researchers for stem cell research or other research that may not be done in federally-funded laboratory space and (b) exploring the feasibility of establishing and operating a biological materials bank where people may donate genetic material, fertilized human eggs and human embryos for the purpose of future medical research;
(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 2PPP 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 14A. Said chapter 29, as so appearing, is hereby further amended by striking out section 2SS and inserting in place thereof the following section:—
Section 2SS. (a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Workforce Competitiveness Trust Fund, hereinafter called the fund. The fund shall be administered by the department of workforce development which shall contract with the commonwealth corporation to administer the fund. The objectives of the fund shall include, but shall not be limited to, the following: supporting, in conjunction with other private, public and philanthropic resources, the development and implementation of employer and worker responsive programs to enhance worker skills, incomes, productivity and retention and to increase the quality and competitiveness of Massachusetts firms; training and helping the unemployed find suitable employment; improving employment opportunities for low income individuals and low wage workers; improving wages to a level sufficient to support a family or place individuals on a career academic skills including the attainment of a high school degree and encouraging students to advance educationally and receive post-secondary degrees at colleges or post-secondary vocational schools, or beyond; developing occupational skills, and becoming employed in jobs that have career potential; and training older workers for new occupations. The department of workforce development shall utilize these projects to improve the workforce development system by integrating employer and worker needs more fully in program design and delivery, and shall support, through grants, partnership programs and planning, grant applications from the following eligible applicants to provide an integrated continuum of education and training: employers and employer associations; local workforce investment boards; labor organizations; community based organizations, including adult basic education providers; institutions of higher education; vocational education institutions; one-stop career centers; local workforce development entities; and non-profit education, training or other service providers. The fund shall leverage employer, public, philanthropic and other contributions, and shall be available as a state match for federal funds that meet the requirements of the fund. The fund shall be an expendable trust fund and not subject to appropriation. Grants from the fund shall be offered on a competitive basis for a maximum of 3 years, and shall not exceed $500,000. (b) The director of the office of workforce development shall appoint an advisory committee, hereinafter referred to as the committee. The committee shall represent significant constituencies and beneficiaries of the fund, including, but not limited to, high growth or critical industries; the workforce development system; public education; adult basic education; the department of transitional assistance; public higher education; labor; community based organizations and non-profit education, training or other service providers; and advocates of customer populations including representatives of education, training and the one-stop career center provider coalitions, including a minimum of 2 labor representatives selected by the president of the Massachusetts AFL-CIO, and 2 representatives of the Massachusetts Workforce Board Association. The director of the office of workforce development shall serve as chairperson of the committee. The committee shall supply constituent focused labor market information, review general programmatic parameters and guidelines, assist with the identification of issues and bathers to the fund’s efficiency and effectiveness and the dissemination of relevant information about the fund, and support the general oversight of the fund’s implementation. The committee shall meet from time to time, but not less frequently than quarterly.
(c) The commonwealth corporation shall be the administrator of the fund, and shall maintain the fund as a separate fund, and shall cause it to be audited by an independent accountant on an annual basis in accordance with generally accepted accounting principles.
(d) There shall be credited to the fund any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund, and any gifts, grants, private contributions, investment income earned on the fund's assets, and all other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(e) Partnership programs may include costs for support services including, but not limited to, transportation and childcare, to eliminate barriers to participation in the training program. For any unionized employer participating as a partner in a grant application, the impacted union must be an active participant in the design and implementation of the grant.
(f) A competitive grant program shall be established that provides support to partnerships and eligible applicants as described above, and that leverages applicant co-investment of at least 30 per cent of the grant amount, from employers, philanthropic, and public or private organizations. The period of grant operations may be up to 3 years in duration. Grants may be targeted to specific populations, such as educationally or economically disadvantaged youth, low-income, low-skilled and low-wage workers, disabled citizens, or industries that are deemed to be of critical consequence to the commonwealth. Special grant programs and funding allocations will be determined by the committee and shall be distributed via a regionally-based competitive bid process, which will require the defining of economic regions of the commonwealth based on labor market factors as determined by the committee. Every municipality in the commonwealth shall be accounted for in a designated region. A formula for regional distribution shall be created, and competition for formula grant funds shall occur within each identified region, and shall be subject to the rules and regulations established by the committee in consultation with regional partners. Respondents to the local competitions must notify, in writing, the region’s workforce investment board of their intent to respond to this request for proposals. A planning grant may be offered to define employer needs; to make necessary curriculum and other programmatic improvements to align with employer and worker needs; to determine the feasibility of a proposed workforce development intervention; to plan for, and coordinate strong partnerships among stakeholders; to identify educational and skill needs of workers and program participants; to link training initiatives with employer-based career ladders; and to develop case management and additional support services that would address barriers to participation.
(g) A portion of the grant fund shall be used to support the current and future labor force needs of the commonwealth’s healthcare industry. This portion of the fund shall support projects that address barriers and gaps in the healthcare workforce development pipeline. Small planning and needs assessment grants may be offered. A project grant program will be designed by commonwealth corporation in consultation with a Healthcare subcommittee of the fund committee, which shall include at a minimum appointments made by the following organizations: the Massachusetts Hospital Association; the Massachusetts Extended Care Federation; the Home and Health Care Association of Massachusetts; the Massachusetts Workforce Board Association; and the Massachusetts AFL-CIO, as well as representatives of the other mandatory advisory committee constituencies.
(h) A portion of the grant fund shall be used to support the current and future labor force needs of the commonwealth’s travel and tourism industry. This portion of the grant fund shall be used to support the development of career ladder and wage improvement strategies, includin employee ownership and profit-sharing strategies, within the commonwealth’s travel and tourism industry. Small planning and needs assessment grants may be offered. A project grant program will be designed by Commonwealth Corporation in consultation with the Travel and Tourism Advisory Committee, which must include the primary industry associations that represent the industry in the commonwealth, or in their absence, a cohort of relevant industry employers, as well as representatives of the other mandatory advisory committee constituencies.
(i) Project grants shall be for a maximum of 3 years, competitively based and shall not exceed $500,000. The committee shall determine how to apportion the grant fund between the healthcare industry, the travel and tourism industry and the general grant program; provided, however, that no more than 7.5 per cent of the funds appropriated herein may be expended for the administration of each grant.
(j) The director of the department of workforce development shall annually, not later than December 31, report to the secretary of administration and finance, the house and senate committees on ways and means, the joint committee on community development and small business, the joint committee on education, arts and humanities, the joint committee on economic development and emerging technologies, and the joint committee on labor and workforce development, and the joint committee on public health on the status of grants awarded under this section, including the number of educational and eligible service providers receiving grants; the number of participants receiving services; the number of participants placed in employment; the salary and benefits that participants receive post placement; the cost per participant; and job retention or promotion rates 1-year after training ends.
(k) The establishment of the Workforce Competitiveness Trust Fund, or any other worker training fund, shall not be determined to replace, displace or serve as a substitute for the Workforce Training Fund established by section 2RR.

SECTION 15. Said chapter 29, as so appearing, is hereby further amended by striking out section 2MMM and inserting in place thereof the following section:—
Section 2MMM. (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. Not less than $1,000,000 shall be expended each year in 2006 and 2007 for the Regional Employment Boards’ Science, Technology Engineering and Mathematics High School Internship Collaborative facilitated by the Metro South/West Regional Employment Board to expand the number of regional employment boards and private employers participating, the number of students placed in internships, and to develop assessment instruments to measure the increased awareness of an interest in STEM careers among student participants.
(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, community-based organizations, including adult basic education providers and non-profit education, training or other service providers, 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 and e-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.
(b½) There shall be under Commonwealth Medicine at the University of Massachusetts medical school and the Massachusetts department of education’s office for mathematics, science and technology engineering, the Massachusetts Academy for Life Sciences. The Massachusetts Academy for Life Sciences, with funding from the pipeline fund, shall create a program which shall consist of mobile science labs with 1 mobile lab assigned and designated for each of the following 5 regions: western Massachusetts, central Massachusetts, metropolitan Boston, northeastern Massachusetts and southeastern Massachusetts. The mission of the Massachusetts Academy for Life Sciences shall be to encourage students to consider careers in life sciences and health care by participating in enhanced science courses through the use of the mobile labs.
(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.

SECTION 16. Said chapter 29, as so appearing, is hereby further amended by inserting after section 2NNN the following
3 sections:—
Section 2OOO. (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 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) Beginning 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. The report shall include: (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) There 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, 1 member shall be appointed by the minority leader of the house of representatives, 1 member shall be appointed by the president of the senate and 1 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 2PPP. 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 2QQQ. (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 subsection (b) and in consultation with participating industry and public higher education institutions. Not more than $1,000,000 shall be expended from this fund in any 1 year. 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 or internship of up to the same amount.
(c) Beginning 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. The report shall include:
(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 account 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 section:—
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 22A. Chapter 40 of the General Laws is hereby amended by inserting after section 60 the following section:
60A. Manufacturing Workforce Training Tax Increment Financing Plan.
(a) Notwithstanding any general or special law to the contrary, a city or town, by vote of its town meeting, town council or city council, with the approval of the mayor where required by law, on its own behalf or in conjunction with 1 or more cities or towns and under regulations issued by the director of workforce development, in consultation with the department of economic development and the department of revenue, may adopt and prosecute a manufacturing workforce training tax increment financing plan, in this section referred to as a MWT-TIF plan, intended to encourage increased commercial growth of manufacturing facilities that have been located in such city or town for not less than 2 years and do all things necessary thereto. The MWT-TIF plan shall:
(i) designate the city or town as a manufacturing workforce training tax increment financing zone, in this section referred to as a MWT-TIF zone. The designation of a MWT-TIF zone shall be subject to the approval of the department of workforce development under regulations adopted by the department consistent with this section. A city or town may not enter into any MWT-TIF agreement, as defined in clause (iv), unless the area governed by the MWT-TIF agreement is so designated and approved by the department of workforce development;
(ii) describe in detail all training, retraining and workforce repositioning that shall be eligible for the MWT-TIF;
(iii) authorize tax increment exemptions from property taxes, under clause Fifty-first of section 5 of chapter 59, for a specified term not to exceed 20 years, for any parcel of real property which is located in the MWT-TIF zone and for which an agreement has been executed in accordance with clause (v). The MWT-TIF plan shall specify the level of exemptions expressed as an exemption percentage, not to exceed 100 per cent, to be used in calculating the exemption under said clause Fifty-first of said section 5 of said chapter 59. These exemptions shall be calculated for each such parcel as provided in said clause Fifty-first of said section 5 of said chapter 59 using an adjustment factor for each fiscal year since the parcel first became eligible for such exemption under this clause. The inflation factor for each fiscal year shall be a ratio:
(1) the numerator of which shall be the total assessed value of all parcels of all commercial real estate that are assessed at full and fair cash value for the current fiscal year minus the new growth adjustment factor for the current fiscal year attributable to the commercial real estate as determined by the commissioner of revenue under paragraph (f) of section 21C of said chapter 59; or
(2) the numerator of which, in a MWT-TIF zone where the property includes commercial uses, shall be the total assessed value of all parcels of all commercial real estate that are assessed at full and fair cash value for the current fiscal year minus the new growth adjustment factor for the current fiscal year attributable to the commercial real estate as determined by the commissioner of revenue under said paragraph (f) of said section 21C of said chapter 59; and
(3) the denominator of which shall be the total assessed value for the preceding fiscal year of all the parcels included in the numerator; except that such ratio should not be less than 1.
(iv) include executed agreements, hereinafter referred to as MWT-TIF agreements, between a city and town and each eligible owner of real property which is located in a MWT-TIF zone, but each such agreement shall include, but not be limited to, the following: (1) all material representations of the parties which served as a basis for the descriptions contained in the MWT-TIF plan in accordance with clause (ii) and which served as a basis for the granting of a MWT-TIF exemption; (2) any terms considered appropriate by the city or town relative to compliance with the MWT-TIF agreement including, but not limited to, what shall constitute a default by the property owner and what remedies shall be allowed between the parties for any such defaults, including an early termination of the agreement; (3) provisions requiring that 75 per cent of the eligible workforce shall receive training that is designed to retain employment in the city or town; (4) a detailed recitation of all other benefits and responsibilities inuring to and assumed by the parties to an agreement; and (5) a provision that the agreement shall be binding upon subsequent owners of the parcel of real property; and
(v) delegate to a board, agency or officer of the city or town, the authority to execute agreements in accordance with clause (iv).
(b) An executed MWT-TIF agreement shall be submitted by the applicable city or town to the department of workforce development for the approval of the director. The city or town shall, if it has not previously done so, shall submit a plan indicating the minimum projected economic impact of the training, the type of employees that should be trained, the accreditation level of the entities that will be eligible to provide the training and other items as the director may require. The director shall certify, based upon the information submitted in support of the MWT-TIF plan by the city or town and through such additional investigation as the director shall make, that the plan and agreement are consistent with the requirements of this section and will further the public purpose of encouraging increased commercial growth and manufacturing employment in the commonwealth. A city or town may, at any time, revoke its designation of a MWT-TIF zone and, as a consequence of such revocation, shall immediately cease the execution of any additional agreements under clause (v) of subsection (a). A revocation shall not affect agreements relative to property tax exemptions under said clause (v) of said subsection (a) or use restrictions or options to purchase and rights of first refusal required by this section which were executed before the revocation. The board, agency or officer of the city or town authorized under clause (vi) of said subsection (a) to execute agreements shall forward to the board of assessors a copy of each such agreement, together with a list of the parcels included therein. An executed and approved MWT-TIF shall be recorded in the registry of deeds or the registry district of the land court wherein the land lies.
Section 36A. Said Chapter 62C of the General Laws, as so appearing, is hereby amended by adding after section 67D in the following section:
Section 67E. (a) When used in this section, the following terms shall have the following meaning:
“Application year”, the calendar year for which a manufacturing company submits the information required for a determination as to a jobs incentive payment.
“Business”, a corporation, sole proprietorship, partnership, limited liability company or any other form of business organization.
“Commissioner”, the commissioner of revenue.
“Eligible jobs”, a number determined by first multiplying each of the local jobs created by a manufacturing company during a single calendar year by the job qualifier for that job, and then totaling the number for all of the local jobs created.
“Full time employee”, a person who is employed for consideration for at least 35 hours per week and whose wages are subject to withholding as provided in chapter 62B.
“Jobs incentive payment”, a business employment incentive payment for manufacturing companies as provided for in this section.
“Job qualifier fraction”, in the case of either a full or part time employee of a manufacturing company, a fraction that determines the extent to which the employee is engaged in providing employment services in Massachusetts during a single calendar year. The job qualifier fraction is determined for each employee by computing each of the following 3 percentages for such year, and then multiplying these percentages against one another. The first percentage is the extent to which the employee worked for the company on a weekly basis, for example, 100 per cent in the case of a full-time employee. The second percentage is the extent to which the employee performed employment services within Massachusetts as contrasted with the employee’s services both within and without the state, for example, 100 per cent in the case of an employee who performed services solely in Massachusetts. The third percentage is the extent to which the employee worked for the company during the year, for example, 50 per cent in the case of an employee who was hired mid-year.
“Local jobs created”, the total number of jobs created by a manufacturing company during a single calendar year in which the new employees perform qualified services at 1 or more in-state locations, including jobs performed by persons that are transferred within the company to work at an in-state location from a location based outside the state.
“Part time employee”, a person who is employed for consideration for less than 35 hours per week and whose wages are subject to withholding as provided in chapter 62B.
“Manufacturing company”, a business primarily engaged in manufacturing. This term shall include contract manufacturers engaged in the production of products for a medical device manufacturing company or a biotechnology company.
“Participating municipality”, a city or town that has adopted a Manufacturing Workforce Training Tax Increment Financing Plan pursuant to section 60A of chapter 40.
“Payment years”, in the case of a manufacturing company that is determined to be eligible for a jobs incentive payment, the 3 calendar years following the application year.
“Qualified services”, direct production manufacturing services performed by an employee of a manufacturing company during a calendar year.
“Weighted average employment”, for a calendar year, the total number of jobs maintained by a biotechnology or medical device manufacturing company in which the employees performed employment services at 1 or more in-state locations. The number is to be determined by first multiplying each of the individual jobs maintained by the company for that year by the job qualifier fraction for that job and then totaling the number for all of these jobs.
(b) A city or town that adopts a manufacturing workforce training tax increment financing plan where a participating manufacturing company creates 10 or more eligible jobs in the commonwealth during a single calendar year shall be entitled to a jobs incentive payment if its weighted average employment for such year reflects a net increase of at least 10 jobs over the company’s weighted average employment for the prior calendar year. The jobs incentive payment shall be equal to 50 per cent multiplied by the applicable Massachusetts income tax rate for the wages paid to the persons that perform the newly created eligible jobs for the calendar year in question. These wages are subject to Massachusetts withholding pursuant to chapter 62B for such year. For purposes of this section an eligible job is created in the commonwealth on the first day for which Massachusetts withholding is required in connection with the compensation paid to the employee.
(c) The jobs incentive payment is to be paid to a city or town in 3 equal installments in each of the 3 calendar years commencing with the calendar year subsequent to the application year. However, if for the first or second payment year the company’s weighted average employment falls below its weighted average for the application year, the company will be disqualified from receiving its subsequent installment payment. If a company is disqualified from receiving its second installment payment it may still receive its third installment payment if its weighted average employment for its second payment year is above its weighted average employment for the application year.
(d) A city or town that seeks a jobs incentive payment must apply to the commissioner to receive such payment, in a form to be prescribed by the commissioner. This form shall reference the necessary information concerning the eligible jobs created by a company, with which the city or town has an enforceable MWT-TIF, in the state during the application year and also the company’s weighted average employment for such year and the prior calendar year. The commissioner shall advise the company of his determination in writing.
(e) Not later than March 1st of each calendar year for which a city or town has been approved to receive a jobs incentive payment, the city or town shall submit to the commissioner, in a form prescribed by the commissioner, the information necessary to evaluate a participating company’s prior year weighted employment average.
(f) A city or town that has previously been approved to receive a jobs incentive payment is entitled to reapply for additional payments based on jobs created at other participating manufacturing companies. In such cases, the city or town may be entitled to receive a jobs incentive payment that relates to different application years in the same calendar year.
(g) The commissioner shall issue payments, as authorized in subsection (b), without further appropriation. The commissioner may issue rulings or regulations as necessary or helpful to implement the provisions of this section, including rulings or regulations to ensure compliance with this act.
(h) This section shall be effective as to job incentive payment requests made by cities or towns that have adopted a manufacturing workforce training tax increment financing plan for manufacturing companies.

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 underserved 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 24A. Section 1 of chapter 40Q of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the definition of “Inflation factor”.

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, provided that a town that accepts this chapter may condition its acceptance upon requiring town meeting approval of any site to be designated as a priority development site. This town meeting approval must occur within 45 days after the designation of the site as priority development site by the governing body.
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.
If the Martha’s Vineyard commission as described in chapter 831 of the acts of 1977 or the Cape Cod commission as described in chapter 716 of the acts of 1989 require or allow referral of a permit application, the 180-day time period as described in this chapter shall be suspended upon receipt of the permit application. The 180-day time period shall recommence at the completion of the regional commission’s review; but if either commission denies a regional permit on a priority development site, section 7 shall not apply and the issuing authority, upon receipt of the denial notice, shall permanently cease the 180-day time period.
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 appearing in the 2004 Official Edition, 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 be not 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 nonprofit organization which achieves and maintains a permanent solution or remedy operation status in compliance with said chapter 21E and the Massachusetts Contingency Plan at 310 CMR 40.00, which does not include an activity and use limitation. Only a taxpayer or nonprofit organization that is an eligible person, as defined in section 2 of said chapter 21E, and not subject to any enforcement action brought pursuant to said 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 a taxpayer with a liability under this chapter or chapter 63 or to a nonprofit organization. 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 the transfer, sale or assignment of Massachusetts environmental response action tax credit is eligible. The taxpayer or nonprofit 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 6½. (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 30th.
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 35A. The General Laws are hereby amended by inserting after chapter 40S the following chapter:

CHAPTER 40T.
SPECIAL DEVELOPMENT DISTRICTS.

Section 1. In this chapter, unless a different meaning appears from the context, the following words and phrases shall have the following meanings:
“Committee”, the prudential committee established pursuant to this chapter.
“District”, a special development district created by a municipality pursuant to this chapter.
“Improvement plan”, a plan setting forth the proposed improvements, services and programs, revitalization strategy, update mechanism, the cost estimates for said improvements, the specific powers the district shall adopt from those listed in section 7, the analysis of any costs of financing said improvements, the method and structure of any assessments, betterments, special assessments or fees, the selection of any or all of the assessing powers listed in sections 11 and 12 that shall be utilized, the participation, if any, in a district improvement financing program as described in section 25, and if so, a description of any assessing powers to be utilized, and the initial district budget to be levied on the real estate in the district.
“Improvements”, the acquiring, laying, constructing, maintaining, improving and operating of storm drainage systems, sewage treatment plants, sewers, water systems, roads, bridges, culverts, tunnels, streets, sidewalks, lighting, parking, including garages, public safety and public works buildings, parks and recreational facilities and fiber and telecommunication systems and other infrastructure improvements.
“Municipal governing body”, the city council with the approval of the mayor, and in a city having a Plan D or E form of charter, the city council with the approval of the city manager, or a town council with the approval of the mayor, if required, or the town meeting in a town with a town meeting form of government.
“Municipality”, a city or town or cities and towns, if the district is located in more than 1 town or city.
“Proprietors”, the record owner, from time to time, of 1 or more assessed parcels of land lying within the district. For the purposes of this chapter, a proprietor shall be considered to include not only natural persons, but also entities empowered to own real estate in the commonwealth including corporations, partnerships, realty trusts, limited liability companies, associations and federal, state and local governmental units. Persons or entities who shall jointly own a lot within the district shall collectively constitute a proprietor of that lot for all purposes hereunder.
“Special development district”, a district created pursuant to this chapter and located in a municipality.
Section 2. It is hereby found and declared that the inability of the commonwealth and its cities and towns to fully finance essential governmental functions including infrastructure such as roads, water and sewer systems, parking facilities, parks and recreational facilities and fiber optic and telecommunication systems necessary to support residential, commercial and industrial development affects the safety and welfare of the residents of the commonwealth; that such inability to fully finance such infrastructure improvements constitutes an economic liability, substantially impairing or arresting the growth of the commonwealth’s housing stock and retards the economic well being of the commonwealth; that such lack of public investment for such infrastructure improvements decreases the value of private investments and threatens the sources of public revenue; that such inability to fully finance such infrastructure improvements inhibits the attraction of new private investment necessary to increase the, commonwealth’s housing stock, the retention of existing industries and the attraction of new industries and the promotion of the sound economic growth of the commonwealth and its cities and towns; that the exercise of the powers of a special development district created pursuant to this section and any assistance given by a municipality or the commonwealth, or any other public body in connection therewith are public uses and purposes for which public money may be expended for the good and welfare of the municipality establishing said special development district and of this commonwealth.
Section 3. (a) There is hereby authorized in each municipality in the commonwealth, the organization of 1 or more special development districts, each a body politic and corporate and a political subdivision of the commonwealth. No special development district, however, shall be organized, transact any business, employ any personnel or exercise any powers until the municipal governing body shall by vote, as described hereafter, declare a need for such district and authorize its creation.
(b) In the event that 2 or more municipalities wish to jointly establish or consolidate their districts, each such municipality desirous of such a joint establishment or consolidation shall so vote as a municipality in the manner herein described. Such a vote may be made at the same time as the vote to organize the district or may be made at a time subsequent thereto.
Section 4. (a) The organization of a special development district shall be initiated by a petition of the proprietors owning real estate within the proposed district that shall be filed in the office of the clerk of the municipality.
(b) the petition shall contain:
(1) a legal description of the external boundaries of the district;
(2) the written consent to the establishment of the district by proprietors of at least 80 percent of the real property acreage to be included in the district, or documentation demonstrating that the petitioners have control by deed, trust agreement, or contract of said acreage, and when real property to be included in the district is owned by a governmental entity, and it will be assessed by the district, the written consent by such governmental entity, which consent in the case of city shall be given by the mayor or city manager, as the case may be, in the case of a town with a town council by the mayor, town manager or town administrator, as the case may be, and in any other town by the board of selectmen;
(3) a designation of 5 persons that are proprietors or representatives of proprietors to be the initial members of the prudential committee, who shall serve in that office for an initial term of years not to exceed 7 years as specified in the petition, which may include staggered terms, until replaced by members appointed as provided hereafter;
(4) the name of the district;
(5) a map of the proposed district showing its boundaries, current roads, major trunk water mains and sewer interceptors and outfalls if in existence;
(6) based upon available data, the proposed timetable for construction of the district improvements and the estimated cost of completing the proposed improvement, which estimates shall be submitted in good faith but shall not be binding and may be subject to change;
(7) the improvement plan for the district; and
(8) the description of the mechanism for reimbursing the municipality for any costs incurred in establishing the district, and for costs to be incurred in collecting any future district fees on behalf of the district.
Section 5. (a) The municipality’s city council, town council, or board of selectmen, as the case may be, shall hold a public hearing within 30 days of the receipt by the clerk of the municipality, of a petition described in section 4. Written notification of such hearing and a summary of the improvement plan shall be sent by the clerk of the municipality to each proprietor within the boundaries of the proposed district at least 14 days before the hearing, by mailing notice to the address listed in the municipality’s property tax records. Notification of the hearing shall also be published for 2 consecutive weeks in a newspaper of general circulation in the municipality at least 14 days before the hearing. The public notice shall contain the proposed boundaries of the district, the proposed basis for determining any betterments, assessments, special assessments, and fees, as well as the proposed benefits to be provided by the district and the location or locations for viewing and copying the improvement plan.
(b) At the public hearing, the city council, town council or board of selectmen, as the case may be, shall determine if the petition satisfies the purposes set forth therein and the district establishment criteria of this chapter and shall obtain public comment regarding the improvement plan and the affect that the proposed district will have on the proprietors, tenants, and others within the district, the municipality or adjacent communities. If it appears that said petition is not in conformity with the purposes and establishment criteria, the city council, town council or board of selectmen, as the case may be, shall deny the petition.
(c) Within 45 days after the close of the public hearing, the municipal governing body, except that in the case of a petition in a town that is signed, or consented to, by all the proprietors within the proposed district, the board of selectmen, without town meeting approval, shall make the following findings:
(1) statements contained within the petition have been found to be true and correct;
(2) the establishment of the district is consistent with any applicable element or portion of any master plan of the municipality;
(3) the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as outlined in the improvement plan;
(4) that the powers of the district provide a reasonable method for financing the improvements and delivering the services to the area that will be served by the district as described in the improvement plan;
(5) that the proposed improvements in the district will be compatible with the capacity and uses of existing local and regional infrastructure services and facilities;
(6) that the area that will be served by the district is amenable to separate, limited purpose, special district government; and
(7) that the initial prudential committee shall serve in office for the term specified in the petition.
(d) If the municipal governing body, or the board of selectmen in the case of a petition signed by all the proprietors of the proposed district, makes all of the findings required in subsection (c), it shall by a vote declare the district is needed and organized and describe the boundaries of the district. Upon the declaration, the special development district may commence operations. Notice of the establishment of the district shall be filed with the municipal clerk, the attorney general and the state secretary and shall be published for 2 consecutive weeks in a newspaper of general circulation in the municipality.
(e) Notwithstanding subsections (a) to (d), inclusive, in any situation in which a petition in a town is signed, or consented to, by all the proprietors within the proposed district, the board of selectmen, may, in lieu of making the findings and passing the vote described above, submit the petition to a duly called town meeting for the purpose of making the findings and passing the vote.
Section 6. The purpose of the district shall be in general to provide essential governmental functions and enhance its economic development and, more specifically, to serve the needs of its residents, proprietors, tenants and the general public visiting the district, by: acquiring, laying, constructing, maintaining, improving and operating the improvements, whether located within the district or outside the district, if reasonably related to the improvements within the district or that provide a service to the property within the district or its residents or businesses, contracting with the municipality, the commonwealth, cities or towns or other political entities and private and public utilities serving the district and the municipality in connection with the improvements, and financing, refinancing, or reimbursing the cost of the design, acquisition or construction of the improvements, and assessing and raising revenues for such economic and community development purposes and the construction, acquisition, operation and maintenance of the improvements and the district itself, in such manner as the proprietors and prudential committee may determine are in the best interest of the district.
Section 7. The district, acting through its prudential committee, upon establishment in the manner set forth hereinbefore, shall have all the rights and powers necessary or convenient to carry out and effectuate this chapter, not inconsistent with the improvement plan as approved by the municipal governing body, including, but without limiting the generality of the foregoing, the following rights and powers:
(1) to adopt by-laws for the regulation of its affairs and the conduct of its business, to promulgate rules, regulations and procedures in connection with the performance of its functions and duties, and to fix, enforce and collect penalties for the violation thereof; provided, however, that any by-laws, rules, regulations and procedures shall be consistent with the powers conferred by this chapter and with other applicable General Laws, and that any by-laws with respect to the removal of members of the prudential committee shall be consistent with the laws, statutes, and ordinances applicable to the municipality;
(2) to adopt an official seal and alter the same at its pleasure;
(3) to maintain an office at such place or places within the district or the municipality as it may determine;
(4) to make and enter into all manner of contracts and agreements necessary or incidental to the exercise of any power granted to the district by this chapter including agreements with the municipality, the commonwealth and any other city, town or political entity or utility providing services that are necessary to the acquisition, construction or operation of the improvements within the district;
(5) to acquire by eminent domain, with the approval of the municipal governing body, under chapters 79, 79A, 80 and 80A subject to this chapter, and as provided for in clause (6), real and personal property located within the district, and to purchase or acquire by lease, lease-purchase, sale and lease-back, gift or devise, or to obtain or grant options for the acquisition of, any property, real or personal, tangible or intangible, or any interest therein, in the exercise of its powers and the performance of its duties; but, the district may only acquire real estate or any interest therein, within the boundaries of the district itself, except that the district may acquire real estate or any interest therein outside the boundaries of the district, other than by eminent domain, necessary for the acquisition, construction, maintenance and operation of the improvements or services relating thereto that are located within the district or are related to, or provided by the district;
(6) to construct, improve, extend, equip, enlarge, rehabilitate, maintain and repair improvements for the benefit of the district within, or; subject to clause (5), without the district; to acquire existing improvements or construct new improvements, including those located under or over any roads, public ways or parking areas, and to enter upon and dig up any private land within the district for the purpose of constructing said improvements and of maintaining and repairing the same; chapter 30B shall apply to the district, except that section 16 of said chapter 30B shall not apply; chapter 31 shall not apply to any person employed or engaged by the district under this chapter; with respect to any construction or repair work undertaken by it pursuant to this clause, the district shall be considered to be a public agency for purposes of section 26 and sections 44A to 44H, inclusive of chapter 149. The provisions of said chapters 30B and 149 shall not be applicable to improvements acquired by but not constructed by the district itself; All other applicable General Laws protecting public health, welfare and safety shall be applicable;
(7) to accept gifts or goods of funds, property or services from any source, public or private, and comply, subject to the provisions of this chapter and the terms and conditions hereof;
(8) to sell, lease, mortgage, exchange, transfer or otherwise dispose of, or grant options for any such purposes with respect to any property, real or personal, tangible or intangible, of the district, or any interest therein;
(9) to pledge or assign any money, fees, charges, receipts, betterment fees, assessment fees, and special assessments, or other revenues of the district and any proceeds derived by the district;
(10) to borrow money and incur indebtedness and issue bonds or notes as hereinafter provided;
(11) to enter into contracts and agreements with, but not limited to, the municipality, the proprietors of the district and any public or private utility with respect to all matters necessary, convenient or desirable for carrying out the purposes of this chapter including, without limiting the generality of the foregoing, the acquisition of existing improvements, Including utilities or infrastructure outside the district but benefiting the district, collection of revenue, data processing, and other matters of management, administration and operation; to make other contracts of every name and nature; and to execute and deliver all instruments necessary or convenient for carrying out any of its purposes;
(12) to assess and collect betterments, assessments and special assessments, and fees as described in this chapter; to exercise the powers and privileges of, and to be subject to the limitations upon, towns and cities provided by sections 38 to 42K, inclusive, of chapter 40, chapter 80 and chapter 83, in so far as applicable and consistent with this chapter; but a requirement in said sections or chapters for a vote by the governing body of a district, town or city or for a vote by the voters of a town, city or district shall be satisfied by a vote or resolution duly adopted by an annual or special meeting of the prudential committee in accordance herewith;
(13) to sue and be sued in its own name; provided, however, that neither the district nor any member of the prudential committee, officer or employee thereof shall be liable in tort except pursuant to the provisions of chapter 258; provided, further, that the district may indemnify its officers and employees to the extent provided in said chapter 258; and provided further, that the property of the district other than revenues pledged to the payment of notes or bonds shall not be subject to attachment, or be levied upon by execution or otherwise;
(14) to invest any funds of the district in such manner and to the extent permitted under the General Laws for the investment of such funds by the treasurer of a municipality;
(15) to employ such assistants, agents, employees and persons, including consultant experts as may be deemed necessary in the prudential committee’s judgment, and to fix their compensation;
(16) to procure insurance against any loss or liability that may be sustained or incurred in carrying out the purposes of this chapter in such amount as the district shall deem necessary and appropriate and with 1 or more insurers who shall be licensed to furnish such insurance in the commonwealth;
(17) to apply for any loans, grants or other type of assistance from the United States Government, the commonwealth or any other government or agency thereof;
(18) to adopt an annual budget and to raise, appropriate, and assess funds in amounts necessary to carry out the purposes for which the district is formed as described in this chapter; and
(19) to do all things necessary, convenient or desirable for carrying out the purposes of this chapter or the powers expressly granted or necessarily implied in this chapter.
Section 8. (a) The prudential committee shall initially consist of the 5 persons listed in the petition, who shall serve from the date of the declaration of approval of the district by the municipal governing body, until their successors are appointed and qualified. Successor members of the prudential committee shall be appointed by the mayor, town council or board of selectmen, as the case may be, in the municipality upon the expiration of the member’s term of office for a term not to exceed 7 years and shall serve until their successors are appointed and qualified.
(b) Within 14 days of the declaration of approval of the municipal governing body and thereafter, according to its by-laws, the prudential committee shall meet and shall take the following actions:
(1) elect a chairman and vice-chairman, who shall preside at all meetings of the prudential committee in the absence of the chairman or in the event of his inability to act or because of a conflict of interest and elect a clerk and treasurer;
(2) adopt district by-laws and other rules for the general conduct of its business and adopt a district seal;
(3) adopt a budget for the fiscal year or the remainder of the fiscal year, as the case may be, and to appropriate of monies to be raised pursuant to this chapter in support thereof; and include in its initial and in all subsequent annual appropriations, compensation for the municipality’s assessors and tax collector and, as necessary the municipality’s treasurer, pursuant to the provisions of section 108B of chapter 41, with respect to their duties and expenses hereunder.
(4) consider other business consistent with the power and authority conferred by this chapter.
(c) The prudential committee shall otherwise meet as necessary, and according to its by-laws, but in no event less frequently than every 6 months. A quorum of the prudential committee shall be required at all meetings for the conduct of any business thereat and shall consist of a majority of its members.
(d) All actions permitted to be taken by the prudential committee shall require a majority vote of its members present at said meeting who shall constitute a quorum in accordance with this chapter or the by-laws of the district.
(e) Meetings of the prudential committee shall be governed by chapter 39 except as otherwise provided in this chapter. Any action by the prudential committee shall take effect immediately unless otherwise provided and need not be published or posted.
Section 9. (a) The prudential committee shall have and shall exercise all of the powers of the district as described in section 7 and in addition thereto shall enjoy the following powers and duties:
(1) to expend money appropriated, raised, borrowed and collected by the district, for the purposes permitted to the district;
(2) to prepare, annually, a budget for the management and operation of the district;
(3) to apply, in the name of the district, for grants, loans and other assistance fro both governmental and non-governmental entities;
(4) subject to its prior appropriation therefor, to enter into agreements and contracts involving the purchase or lease of real and personal property, services, equipment and supplies consistent with the powers granted by this chapter;
(5) subject to its prior appropriation therefore, to hire, supervise, suspend and discharge such employees as the committee shall deem necessary or appropriate for the conduct of the work to be performed by the district including, but not limited to, a district superintendent;
(6) to exercise such other authority conferred upon it by the district’s by-laws, except as otherwise expressly provided in this chapter; and
(7) to take such other actions it considers reasonably necessary or appropriate to effectuate the intent of this chapter.
(b) No monies shall be drawn from the district treasury except upon signature of the district treasurer and upon prior authorization by the prudential committee. In addition, the prudential committee shall appoint an auditor who shall have the powers and duties set forth in sections 50 to 52 of chapter 41.
Section 10. The duties and responsibilities of the district officers shall be as provided in the district by-laws. All meetings of the prudential committee shall be posted in the offices of the clerk of the municipality at least 48 hours before the meeting.
Section 11. (a) Consistent with the improvement plan, the prudential committee may fix, revise, charge, collect and abate betterments, assessments, special assessments, and fees, and other charges for the cost of the improvements and other services and commodities furnished or supplied to the real property, its proprietors and tenants in the district. In providing for the payment of the cost of the improvements or for the use of the improvements, the prudential committee may avail itself of the General Laws relative to the assessment, apportionment, division, fixing, reassessment, revision, abatement and collection of infrastructure charges, including betterments, assessments, special assessments, and fees, or the establishment of liens therefor and interest thereon. Notwithstanding the General Laws to the contrary, the district may pay the entire cost of any improvements, including the acquisition thereof, during construction or after completion, or the debt service of notes or bonds used to fund such costs, from betterments, assessments, special assessments or fees, and may establish said betterments, assessments, special assessments or fees, prior to, during, or within 1 year after completion of construction or acquisition of any improvements. The prudential committee may establish a schedule for the payment of betterments, assessments, special assessments or fees of up to 30 years. The prudential committee may determine the circumstances under which the betterments, assessments, special assessments, and fees, and other charges, may be increased, if at all, as a consequence of delinquency or default by the proprietor of that parcel or any other parcel within the district. In order to provide for the collection and enforcement of its betterments, assessments, special assessments, and fees, the prudential committee is hereby granted all the powers and privileges with respect thereto held by the municipality on the effective date of this chapter or as otherwise provided in this chapter, to be exercised concurrently with the municipality.
(b) The special assessments, fees, assessments, betterments and other charges of general application may be increased in accordance with the procedures to be established by the prudential committee for assuring that interested persons are afforded notice and an opportunity to present data, views and arguments. The prudential committee shall hold at least 1 public hearing on its schedule of special assessments, fees, betterments and assessments and other charges or any revision thereof prior to adoption by the prudential committee, notice of which shall be delivered to the municipality and be published in a newspaper of substantial circulation in the municipality at least 1 month in advance of the hearing. No later than the date of such publication, the prudential committee shall make available to the public and deliver to the municipality the proposed schedule of special assessments, fees, betterments, assessments and other charges.
(c) The betterments, assessments, special assessments, and fees, and other charges established by the prudential committee shall not be subject to supervision or regulation by any department, division, commission, board, bureau, or agency of the commonwealth or any of its political subdivisions, including without limitation, the municipality, nor shall the district be subject to the provisions of section 20A of chapter 59.
(d) The betterments, assessments, special assessments, fees, and other charges established by the prudential committee in accordance with this chapter shall be fixed and adjusted in respect of the aggregate thereof so as to provide revenues at least sufficient (1) to pay the current expenses of the district, (2) to pay the principal of, premium, if any, and interest on bonds, notes or other evidences of indebtedness issued by the district under this chapter as the same becomes due and payable, (3) to create and maintain such reasonable reserves as may be reasonably required by any trust agreement or resolution securing bonds, (4) to provide funds for paying the cost of necessary repairs, replacements and renewals of the infrastructure system or systems and (5) to pay or provide for any amounts that the district may be obligated to pay or provide for by law or contract, including any resolution or contract with or for the benefit of the holders of its bonds and notes, provided that the district shall not be required to increase any mandatory assessments, special assessments, betterments, fees or other charges by virtue of any individual proprietor delinquencies.
Section 12. (a) As an alternative to levying betterments, assessments, and fees, under this chapter or other General Laws, the district may levy special assessments on real estate in the district to finance the cost of improvements. In determining the basis for and amount of the special assessment, the cost of improvements, including the cost of the repayment of the debt issued or to be issued to finance the improvements, may be calculated and levied using any of the following methods that result in fairly allocating the costs of the improvements to the real estate in the district:
(1) Equally per length of frontage, or by lot, parcel, or dwelling unit, or by the square footage of a lot, parcel or dwelling unit; or
(2) According to the value of the property as determined by the municipality’s board of assessors.
(b) The district may also provide for the following:
(1) a maximum amount to be assessed with respect to any parcel;
(2) a tax year or other date after which no further special assessments under this section shall be levied or collected on a parcel;
(3) the levy can be collected annually without subsequent approval of the district; and
(4) the circumstances under which the special assessment levied against any parcel may be increased, if at all, as a consequence of delinquency or default by the proprietor of that parcel or any other parcel within the district.
The district may establish procedures allowing for the prepayment of special assessments, assessments, betterments, and fees, under this chapter.
(c) Special assessments, betterments, assessments, and fees, levied under this chapter shall be collected and secured in the same manner as property taxes, betterments, and assessments owed to the municipality unless otherwise provided by the district and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for such property taxes, betterments and liens owed to the municipality. Any liens imposed by the municipality for the payment of property taxes shall have priority in payment over any liens of the district.
Section 13. (a) A district may provide by resolution of its prudential committee from time to time, for the issuance of bonds of the district for any of its corporate purposes. Bonds issued hereunder shall be special obligations payable solely from particular funds and revenues as provided in such resolution. Without limiting the generality of the foregoing, such bonds may be issued to pay or refund notes issued pursuant to this chapter, to pay the cost of acquiring, laying, constructing, maintaining, and reconstructing the improvements. “Cost” shall include the cost of: (1) construction, reconstruction, renovation and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or to be acquired by the district, the municipality, the commonwealth or any other Massachusetts governmental entity to the district; (2) all machinery and equipment including machinery and equipment needed to expand or enhance services from the municipality, the commonwealth or any other Massachusetts governmental entity to the district; (3) financing charges and interest prior to and during construction, and for a limited time after completion of the construction, interest and reserves for principal and interest, including costs of municipal bond insurance and any other type of financial guaranty and costs of issuance; (4) extensions, enlargements, additions, and enhancements to improvements; (5) architectural, engineering, financial and legal services; (6) plans, specifications, studies, surveys and estimates of costs and of revenues; (7) administrative expenses necessary or incident to the construction, acquisition, and financing of the improvements; and (8) other expenses as may be necessary or incident to the construction, acquisition, and financing of the improvements. The bonds of each issue shall be dated, shall bear interest at the rates, including rates variable from time to time, and shall mature at the time or times not exceeding 30 years from their date or dates, as determined by the prudential committee, and may be redeemable before maturity, at the option of the prudential committee or the holder thereof, at the price or prices and under the terms and conditions fixed by the prudential committee before the issuance of the bonds. The prudential committee shall determine the form of the bonds, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within the commonwealth and such other locations as designated by the prudential committee. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds shall cease to be an officer before the delivery of the bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until the delivery. The bonds shall be issued in registered form. The prudential committee may sell the bonds in a manner and for a price, either at public or private sale, as it may determine to be for the best interests of the district.
(b) Before the preparation of definitive bonds, the prudential committee may, under like restrictions, issue interim receipts or temporary bonds exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The prudential committee may also provide for the replacement of any bonds that shall become mutilated or shall be destroyed or lost. The issue of the bonds, the maturities, and other details thereof, the rights of the holders thereof, and the duties of the district in respect of the same shall be governed by this chapter insofar as the same may be applicable.
(c) While any bonds or notes issued by the district remain outstanding, the powers, duties or existence of the district or the prudential committee shall not be diminished or impaired in any way that will affect adversely the interests and rights of the holders of the bonds or notes. Bonds or notes issued under this chapter, unless otherwise authorized by law, shall not constitute a debt of the commonwealth or the municipality, or a pledge of the faith and credit of the commonwealth or of the municipality, but the bonds or notes shall be payable solely by the district or as special obligations payable from particular district funds. Any bonds or notes issued by the district shall contain on the face thereof a statement to the effect that neither the commonwealth nor the municipality shall be obliged to pay the same or the interest thereon, and that neither the faith and credit nor taxing power of the commonwealth or of the municipality is pledged to the payment of the bonds or notes. All bonds or notes issued under this chapter shall have and are hereby declared to have all the qualities and incidents of negotiable instruments as defined in sections
3-104 of chapter 106.
(d) Issuance by the district of 1 or more series of bonds or notes for 1 or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or any other project; provided, however, that the resolution or trust indenture wherein any subsequent bonds or notes may be issued shall recognize and protect any prior pledge made for any prior issue of bonds or notes unless in the resolution or trust indenture authorizing such prior issue the right is reserved to issue subsequent bonds on a parity with such prior issue.
Section 14. In the discretion of the prudential committee the bonds may be secured by a trust agreement between the district and the bond owners or a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the commonwealth. A trust agreement may pledge or assign, in whole or in part, the revenues, funds and other assets or property held or to be received by the district, including without limitation all monies and investments on deposit from time to time in any fund of the district or any account thereof and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the district, and the proceeds thereof. A trust agreement may contain, without limitation, provisions for protecting and enforcing the rights, security and remedies of the bondholders, provisions defining defaults and establishing remedies, which may include acceleration and may also contain restrictions on the remedies by individual bondholders. A trust agreement may also contain covenants of the district concerning the custody, investment and application of monies, the issue of additional or refunding bonds, the use of any surplus bond proceeds, the establishment of reserves and the regulation of other matters customarily treated in trust agreements. It shall be lawful for any bank or trust company to act as a depository of any fund of the district or trustee under a trust agreement, provided it furnishes indemnification and reasonable security as the prudential committee may require. Any assignment or pledge of revenues, funds and other assets and property made by the district shall be valid and binding and shall be considered continuously perfected for the purposes of chapter 106 and other laws when made. The revenues, funds and other assets and property, rights therein and thereto and proceeds so pledged and then held or thereafter acquired or received by the district shall immediately be subject to the lien of the pledge without any physical delivery or segregation or further act, and the lien of the pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the trust, whether or not the parties have notice thereof. The trust agreement by which a pledge is created need not be filed or recorded to perfect the pledge except in the records of the prudential committee and no filing need be made pursuant to said chapter 106. Any pledge or assignment made by the district is an exercise of its political and governmental powers, and revenues, funds, assets, property and contract or other rights to receive the same and the proceeds thereof which are subject to the lien of a pledge or assignment created under this chapter shall not be applied to any purpose not permitted by the pledge or assignment.
Section 15. The district may issue, from time to time, notes of the district in anticipation of federal, state or local grants for the cost of acquiring, constructing or improving the district’s improvements and utilities or in anticipation of bonds to be issued pursuant to this chapter. The notes shall be authorized, issued and sold in the same manner as, and shall otherwise be subject to this chapter. The notes shall mature at such time or times as provided by the issuing resolution of the prudential committee and may be renewed from time to time; but, all the notes and renewals thereof shall mature on or before 20 years from their date of issuance.
Section 16. In addition to other security provided herein, or otherwise by law, bonds, notes or obligations issued by the district under any provision of this chapter, may be secured, in whole or in part, by a letter of credit, line of credit, bond insurance policy, liquidity facility or other credit facility for the purpose of providing funds for payments in respect of bonds, notes or other obligations required by the holder thereof to be redeemed or repurchased before maturity or for providing additional security for the bonds, notes or other obligations. In connection therewith, the district may enter into reimbursement agreements, remarketing agreements, standby bond purchase agreements and any other necessary or appropriate agreements. The prudential committee may pledge or assign any of the district’s revenues as security for the reimbursement by the district to the issuers or providers of the letters of credit, lines of credit, bond insurance policies, liquidity facilities or other credit facilities of any payments made under the letters of credit, lines of credit, bond insurance policies, liquidity facilities or other credit facilities.
Section 17. In connection with or incidental to the issuance of bonds, notes or other obligations the district may enter into contracts as the prudential committee may determine to be necessary or appropriate to place the bonds, notes or other obligations of the district, as represented by the bonds or notes, or other obligations in whole or in part, on the interest rate or cash flow basis as the prudential committee may determine, including without limitation, interest rate swap agreements, insurance agreements, forward payment conversion agreements, futures contracts, contracts providing for payments based on levels of, or changes in, interest rates or market indices, contracts to manage interest rate risk, including without limitation, interest rate floors or caps, options, puts, calls and similar arrangements. The contracts shall contain the payment, security, default, remedy and other terms and conditions as the prudential committee considers appropriate and shall be entered into with the party as the district may select, after giving due consideration, where applicable, for the credit worthiness of the counter party, including any rating by a nationally recognized rating agency, the impact on any rating on outstanding bonds, notes or other obligations or any other criteria the prudential committee may consider appropriate.
Section 18. The district shall have the power out of any funds available therefor to purchase its bonds or notes. The district may hold, pledge, cancel or resell such bonds or notes, subject to and in accordance with agreements with bondholders. The prudential committee may issue refunding bonds for the purpose of paying any of its bonds at maturity or upon acceleration or redemption. Refunding bonds may be issued at the time or times before the maturity or redemption of the refunded bonds as the prudential committee considers to be in the public interest. Refunding bonds may be issued in sufficient amounts to pay or provide for the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of the bonds, the expense of issuing the refunding bonds, the expense of redeeming bonds being refunded and the reserves for debt service or other capital or current expenses from the proceeds of the refunding bonds as may be required by a trust agreement or resolution securing the bonds. All other provisions relating to the issuance of refunding bonds shall be as set forth in this chapter.
Section 19. All moneys received pursuant to this chapter, whether as proceeds from the issue of bonds or notes, or as revenue or otherwise, shall be considered trust funds to be held and applied solely as provided in this chapter.
Section 20. (a) Bonds or notes issued 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, trust companies in their commercial departments and within the limits set by the General Laws, 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 bonds or other obligations of a similar nature may properly and legally invest funds, including capital in their control and belonging to them; and the bonds are hereby made obligations that may properly and legally be made eligible for the investment of savings deposits and income thereof in the manner provided by section 2 of chapter 167E. The bonds or notes are hereby made securities that 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 bonds or other obligations of the commonwealth is now or may hereafter be authorized by law.
(b) Notwithstanding any rule at common law or any authorization, limitation or other general or special law, or any provision in their respective charters, agreements of associations, articles or organization, or trust indentures, domestic corporations organized for the purpose of carrying on business within the commonwealth, including without implied limitation any electric or gas company as defined in section 1 of chapter 164, railroad corporations as defined in section 1 of chapter 160, financial institutions, trustees and the municipality may acquire, purchase, hold, sell, assign, transfer, or otherwise dispose of any bonds, notes, securities or other evidence of indebtedness of the district provided that they are rated similarly to other governmental bonds or notes, and to make contributions to the district, all without the approval of any regulatory authority of the commonwealth.
Section 21. Any holder of bonds or notes issued under this chapter, and a trustee under a trust agreement, except to the extent its rights may be restricted by the trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce all rights under the laws of the commonwealth or granted hereunder or under the trust agreement, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement, to be performed by the district or by any officer thereof.
Section 22. Notwithstanding this chapter or any recitals in any bonds or notes issued under this chapter, the bonds or notes shall be considered to be investment securities under chapter 106.
Section 23. Bonds or notes may be issued under this chapter without obtaining the consent of any department, division, commission, board, bureau or agency of the commonwealth or the municipality, and without any proceedings or the happening of any other conditions or things than those proceedings, conditions or things that are specifically required thereof by this chapter, and the validity of and security for any bonds or notes issued by the district shall not be affected by the existence or nonexistence of any such consent or other proceeding conditions, or things.
Section 24. The district and all its receipts, revenues, income and real and personal property shall be exempt from taxation and from betterments and assessments and the district shall not be required to pay any tax, excise or assessment to or from the commonwealth or any of its political subdivisions. Bonds or notes issued by the district and their transfer and their interest or income, including any profit on the sale thereof, shall at all times be exempt from taxation within the commonwealth, but, nothing in this chapter shall act to limit or restrict the ability of the commonwealth or the municipality to otherwise tax the individuals and companies, or their real or personal property or any person living or business operating within the boundaries of the district.
Section 25. With the approval of the municipal governing body and the Massachusetts Economic Assistance Coordinating Council, the district may issue its bonds pursuant to, and according to the terms of chapter 40Q; if the municipality has fulfilled all requirements set forth in said chapter 40Q that would be required of the municipality if it were itself issuing bonds pursuant to said chapter 40Q. Additionally, the municipality shall include in its invested revenue district development program, as defined in said chapter 40Q, a description of the rights and responsibilities of both the district and the municipality with respect to said program. In such case, the municipality may designate the district as the issuer of bonds pursuant to said chapter 40Q for the purpose of financing any “project costs” as defined in said chapter 40Q and that are located in, or functionally serving the needs of the district. The municipality shall determine the percentage of the “captured assessed valuation,” as defined in said chapter 40Q, of property within the boundaries of the district that the municipality is pledging pursuant to an “invested revenue district development program” as defined in said chapter 40Q for the payment of the district’s bonds. With the written agreement of the proprietor or proprietors of 1 or more specific parcels in the district, the district may adopt a plan whereby any of the assessing powers described in this chapter are made applicable exclusively to said parcels in order to secure and fund the debt service for the bonds. The “project costs” as defined in said chapter 40Q, shall not be reduced by the amount of the revenues derived pursuant to sections 11 and 12 of this chapter and said revenues may be made contingent upon or abated, in whole or in part, by the district upon the receipt of the anticipated revenues generated through the pledged captured assessed valuation. At the option of the municipality, the adjustment for the “inflation factor” described in said chapter 40Q, may be waived in order to increase the captured assessed valuation available to the district. The district and the municipality shall enter into an intermunicipal agreement delineating the rights and responsibilities of each pursuant to the district improvement financing.
Section 26. The district shall be included within the definition of a “local governmental unit” as defined in chapter 29C and its bonds and notes shall be included within the definition of “local governmental obligations” as defined in said chapter 29C.
Section 27. The prudential committee and the district’s officers shall at all times keep accounts of the district’s receipts, expenditures, disbursements, assets and liabilities, which shall be open to inspection by a proprietor, or duly appointed officer or duly appointed agent or the commonwealth or the municipality. The fiscal year of the district shall be the same fiscal year as established by the General Laws for cities and towns in the commonwealth. The district shall be subject to an audit of its accounts in the manner provided in section 40 of chapter 44. Before the issuance of any bonds or notes under this chapter, any officer of the district or of the prudential committee charged with responsibility of the issuance thereof, shall each execute a surety bond in the sum of $250,000 payable to the district, or in lieu thereof, the prudential committee shall obtain a blanket position bond covering any member of the prudential committee, or officer of the district, charged with responsibility for the issuance of any bond or notes, such surety bonds to be conditioned upon the faithful performance of the duties of their offices, to be executed by a surety company authorized to transact business in the commonwealth as a surety and approved by the prudential committee. For the purposes of chapter 268A, the district shall be considered a municipal agency. The members of the prudential committee and employees of the district, together with any person who performs professional services for the district on a part-time, intermittent or consultant basis, such as those of an architect, attorney, engineer, planner, or construction, financial, or real estate expert, shall be special municipal employees.
Section 28. The district may make representations and agreements for the benefit of the holders of the district’s bonds and notes or other obligations to provide secondary market disclosure information. The prudential committee or an officer authorized by the prudential committee may make the representations and agreements on behalf of the district or may delegate the authority to any other officer or employee of the district. The agreement may include: (1) covenants to provide secondary market disclosure information (2) arrangements for such information to be provided with the assistance of a paying agent, trustee, dissemination or other agent; and (3) remedies for breach of the agreements, which remedies may be limited to specific performance.
Section 29. (a) The collector-treasurer of each municipality, at the option of the municipality, may collect any district betterments, assessments, special assessments, and fees, including any recording fees, on behalf of the district pursuant to an agreement between the municipality and the district and to disburse the funds to any designated management entity or financial institution selected by the prudential committee. The collector-treasurer shall disburse revenues to the management entity or financial institution within 30 days of the collection of such fees, together with the interest earned on the holding of such fees.
(b) Following establishment of the district, all betterments, assessments, special assessments, and fees, including any recording fees, billed by or on behalf of the district and unpaid after 30 days from the date of billing shall become a lien on the property within the district, if notice of the lien is duly recorded by the district in the appropriate registry of deeds or land court registry district.
Section 30. This chapter shall be considered to provide an exclusive, additional, alternative and complete method of accomplishing the purposes of this chapter and exercising the powers authorized hereby and shall be considered and construed to be supplemental and additional to, and not in derogation of, powers conferred upon the district by law; but, insofar as the proceedings of this chapter are inconsistent with any general or specific law, administrative order or regulation, or any resolution or ordinance of the municipality, this chapter shall be controlling. Without limiting the generality of the foregoing, no provision of any resolution or ordinance of the municipality requiring ratification by the voters of certain bond issues shall apply to the issuance of bonds or notes of the district pursuant to this chapter, nor shall be applicable to the manner of voting or the limitations as to the amount and time of payment of debts incurred by the district.
(b) Except as specifically provided in this chapter, all other statutes, ordinances, resolutions, rules and regulations of the commonwealth and the municipality shall be fully applicable to the property, proprietors, residents and businesses located in the district. This chapter shall not obligate the municipality to pay any costs for the acquisition, construction, equipping or operation and administration of the improvements located within the district.
Section 31. The district is a distinct and separate entity from the municipality, and the municipality shall not be subject to any claims, actions or liabilities as a result of the establishment of the district, its operations or the actions or inactions of its officers or its prudential committee or employees and there shall be no recourse against the municipality on account of , or arising from the obligations.
Section 32. If district bonds, notes and other obligations have been paid or satisfied, the municipal governing board of the municipality in which the district is located, on petition of proprietors owning 80 percent of the real property acreage within the district, may vote to terminate the district at any time after 35 years from the date of the declaration of the district’s existence by the municipality. Upon the termination all of the property of the district shall be considered transferred to the municipality.
Section 33. This chapter, being necessary for the welfare of the district the municipality and its inhabitants, shall be liberally construed to affect its purposes.”

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 subsection (a) and inserting in place thereof the following subsection:—
(a) A domestic or foreign corporation or limited liability corporation or nonprofit organization which commences and diligently pursues an environmental response action on or before August 5, 2010 and which achieves and maintains a permanent solution or remedy operation status in compliance with chapter 21E and the regulations promulgated thereunder 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; provided, however that these costs shall be not less than 15 per cent of the assessed value of the property prior to remediation; provided further, that the site shall have been reported to the department of environmental protection; and provided further, that a credit of 50 per cent of such costs shall be allowed for any such corporation which achieves and maintains a permanent solution or remedy operation status in compliance with chapter 21E and the Massachusetts Contingency Plan provided in 310 CMR 40.00, which does not include an activity and use limitation. Only a domestic or foreign corporation, limited liability corporation or nonprofit organization that is an eligible person, as defined in section 2 of said chapter 21E, and not subject to any enforcement action brought pursuant to said chapter 21E, shall be allowed a credit.
Any credit allowed under this subsection may be taken only after a response action outcome statement or remedy operation status submittal has been filed with the department of environmental protection as set forth in said Massachusetts Contingency Plan.

SECTION 39. Said section 38Q of said chapter 63, as so appearing, is hereby further amended by adding the following 2 subsections:—
(g) All or any portion of tax credits issued in accordance with this section may be transferred, sold or assigned to a taxpayer with a liability under this chapter or chapter 62 or to a nonprofit organization. A corporation 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. Such a corporation or nonprofit organization 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 40A. The first paragraph of section 9 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out the sixth sentence and inserting in place thereof the following 2 sentences:— Beginning on July 1, 2001, a city or town that is also a member of a regional transit authority or that at any time joins a regional transit authority shall have 100 per cent of the amount assessed for the operation of the regional transit authority credited against its share of the assessment made under this section. The amount credited shall not exceed the total amount of the assessment.

SECTION 40B. Section 3 of chapter 161B of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:—
Any city or town, or group or combination of cities or towns, other than a city or town included in the Massachusetts Bay Transportation Authority in which the Authority operates a fixed bus servicie, may and upon compliance with this section, by majority vote of the city council or majority vote of the town meeting or majority vote of any other legislative body, respectively, be made into a body politic and corporate and a political subdivision of the commonwealth under the name of the municipality within the new authority having the greatest population, or under any other appropriate regional name agreed to by a majority of the member municipalities, and followed by the words “Transit Authority”.

SECTION 40C. Said section 3 of said chapter 161B, as so appearing, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:—
Any city or town, or group or combination of cities or towns, other than a city or town included in the Massachusetts Bay Transportation Authority in which the Authority operates fixed route bus service or is in an authority established pursuant to section 14 may, by a majority vote of the city council or of the town meeting or majority vote of any other legislative body, respectively, and subject to the approval of the advisory board to a regional transit authority, join an authority which is not separated from the city or town or group or combination of cities and towns by more than 1 other municipality.

SECTION 40D. Section 18 of chapter 138 of the General Laws, as so appearing, is hereby amended by inserting after the last paragraph the following 3 paragraphs:—
The commissioner may issue to any manufacturer of food products, including ice cream, licenses as importers only to import alcoholic beverages into the commonwealth for use only in connection with the manufacture of such products by the holder of the license issued under this paragraph. Nothing contained in this paragraph shall authorize the holder of an importer’s license to sell alcoholic beverages as he is licensed to import hereunder, or to export such alcoholic beverages from this commonwealth into any state or into any foreign country. A vote in a city or town under section 11 shall not prevent the granting or renewal of a license under this paragraph. All alcoholic beverages purchased by any licensee under this paragraph, and all alcoholic beverages, shipped into the commonwealth pursuant to the purchase, shall be warehoused at the warehouse facilities of the licensee and held in his physical possession at the warehouse. Every importer under this section shall keep records as the commission may prescribe, and shall file with the commission, whenever and as often as it may require, duplicates of copies of the records. The commission shall at all times, through its designated officers or agents, have access to the books, records or other documents of a licensed importer relating to the licensee’s importer business.
The annual license fee for each importer shall be computed based on the barrelage imported by the importer as follows:
5,000 gallons or less per year, $22 per year
More than 5,000 gallons and less than 20,000 gallons per year, $44 per year
More than 20,000 gallons per year and less than 100,000 gallons per year, $82 per year
More than 200,000 gallons and less than 1,000,000 gallons per year, $110 per year
Each additional 1,000,000 per year, $111 per year
For the above purposes, a barrel shall be 31 gallons.
Every applicant for an importer license shall, at the time of filing an application, pay a license fee based on a reasonable estimate of the amount of alcoholic beverages to be imported during the year covered by the license. Persons holding importers licenses shall report annually at the end of the year covered by the license the amount of alcoholic beverages produced during such year. If the total amount of the alcoholic beverages exceeds the amount permitted by the fee already paid, the licensee shall pay whatever additional fee is owing under this section.

SECTION 40E. Subsection (c) of section 30 of chapter 151A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following new paragraph:—
If in the opinion of the commissioner, it is necessary for an unemployed individual to obtain further industrial, vocational, adult basic education, general equivalency diploma or English for speakers of a second language training to realize sustainable employment, the total benefits which that individual may receive shall be extended by up to 18 times the individual’s benefit rate, if that individual is attending a retraining course approved by the commissioner, and if the training program shall be completed within 2 years or 3 years if the program includes a combination of adult basic education, general equivalency diploma or English for speakers of a second language with vocational or industrial training. These additional benefits shall be paid to the individual only when attending the course and only if the individual has exhausted all rights to regular and extended benefits under this chapter and has no rights to benefits or compensation under this chapter or under any other state unemployment compensation law or under any federal law. This extension shall be available only to individuals who have applied to the commissioner for training no later than the fifteenth week of a new or continued claim, but the commissioner shall specify by regulation the circumstances in which the 15-week application period shall be tolled, including, but not limited to, where staff of the division of unemployment assistance, or its agents, have given the applicant misinformation that causes the applicant to miss the 15-week deadline; the applicant is working with, or has attempted to initiate a working relationship with, a one-stop career center for the purpose of securing a spot in a training program, but has not yet been able to enroll in an appropriate program; the applicant needs to address the physical, psychological and legal effects of domestic violence; and other good cause to be determined by the commissioner. The claimant shall begin training in the first available appropriate program for which funding is available and which is a reasonable distance from the claimant’s residence, as determined by the commissioner, but the commissioner, in his discretion, may extend the period once for not more than 2 weeks for any applicant whose initial application is denied. Any benefits paid to an individual under this paragraph which would not be chargeable to the account of any particular employer under section 14 shall be charged to the solvency account. An individual eligible to receive a trade readjustment allowance under Chapter 2 of Title II of the Trade Act of 1974,19 USC 2251-2322, as amended, shall not be eligible to receive additional benefits under this section for any week in which the individual receives this trade readjustment allowance. An individual eligible to receive emergency unemployment compensation, under any federal law, shall not be eligible to receive additional benefits under this section for any week in which the individual receives that compensation.

SECTION 40F. Section 29 of chapter 151A of the General Laws, as so appearing, is hereby amended by striking out, in line 125, the words ‘the Social Security Act or’..

SECTION 40G. Paragraph (6) of subsection (d) of said section 29 of said chapter 151A, as so appearing, is hereby amended by adding the following sentence:—
Payments received under the Social Security Act shall not be subject to this paragraph.

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 42A. Section 2A of chapter 28 of the acts of 1996 is hereby repealed.

SECTION 42B. Section 2 of chapter 28 of the acts of 1996, is hereby amended by striking out, in item 2000-6966, the figure “$65,000,000” and inserting in place thereof the following figure:— “$150,000,000”.

SECTION 42C. Section 3 of chapter 28 of the acts of 1996 is hereby amended by striking out, in lines 4 to 5, inclusive of the first paragraph, the words “one hundred eighty-three million eight hundred and fifty thousand dollars” and inserting in place thereof the following figure:— “$268,850,000”.

SECTION 42D. Sections 5 and 6 of chapter 28 of the acts of 1996 are hereby repealed.

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 43A. Item 2100-2012 of chapter 236 of the acts of 2002 is hereby amended by striking out, in line 29, the words “that $1,200,000 shall be expended for capital repairs and improvements to the Vietnam Veterans Skating Rink in the City of North Adams” and inserting in place thereof the following words:— “the department of conservation and recreation may grant to a lessee procured in accordance with the authorization of section 30 of chapter 88 of the acts of 2001 up to $900,000 as a reimbursement grant on a $2 to $1 ratio for every dollar invested by the lessee in improvements and replacements to the Vietnam Veterans Skating Rink in the city of North Adams.

SECTION 43B. Chapter 275 of the acts of 1998, as amended by chapter 183 of the acts of 2002, is hereby further amended by adding the following section:—
Section 6. The department of conservation and recreation shall enter into a license agreement with Mini-Fenway Park, Inc., for a term or terms not to exceed 50 years, for the installation and operation of appropriate signage to feature sponsors as shown on the plan of land entitled “Exhibit A, Ruccutti Drive, Quincy, Mass.,” prepared by Harry R. Feldman, Inc. dated July 13, 2005. The signage shall be used for, but is not limited to, the purpose of promoting the events and programs offered by Mini-Fenway Park, Inc., together with other educational and recreational opportunities offered by private and public entities, but the signage shall not exceed 360 square feet in dimension, on parcels of land owned by the commonwealth and under the control of the department. This license agreement shall not be subject to local approval or local ordinance or code, but is subject to the state building code and other appropriate state laws and regulations.

SECTION 43C. Section 2 of chapter 149 of the acts of 2004 is hereby amended, in item 7007-1200 by inserting after the words “expenditures on said pilot from this line item”, the following:— “or such other lesser amount considered by the Massachusetts Technology Park Corporation to evidence a level of community support for the pilot which, together with grants-in-aid provided by the corporation and support provided from any other source, is sufficient to support the success of the pilot; provided further, that the corporation may provide support to the pilot from the fund established under section 6A of chapter 40J of the General Laws, including but without limitation, at the discretion of the corporation, from funds allocated and reserved under to the final sentence of subsection (b) of said section 6A”.

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 12 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; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; 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 45A. Item 2330-0100, in section 2 of chapter 45 of the acts of 2005 is hereby amended by striking out the words “and provided further, that funds shall be expended for the School of Marine Science and Technology for research to minimize the economic impact of new fisheries management regulations and shall not be reduced from fiscal year 2005 except in proportion to adjustments consistent with the department’s budget adjustment... $4,010,725”; and inserting in place thereof the following words:— provided further, that funds shall be expended for the School of Marine Science and Technology for research to minimize the economic impact of new fisheries management regulations and shall not be reduced from fiscal year 2005 except in proportion to adjustments consistent with the department’s budget adjustment; and provided further, for the purpose of paying for lab costs and extra personnel wages that were incurred during the recent Red Tide event and to provide for a future Red Tide event... $4,350,725.

SECTION 45B. Item 2330-0100, in section 2 of chapter 45 of the acts of 2005 is hereby amended by striking out the words “and provided further, that funds shall be expended for the School of Marine Science and Technology for research to minimize the economic impact of new fisheries management regulations and shall not be reduced from fiscal year 2005 except in proportion to adjustments consistent with the department’s budget adjustment... $4,010,725”; and inserting in place thereof the following words:— provided further, that funds shall be expended for the School of Marine Science and Technology for research to minimize the economic impact of new fisheries management regulations and shall not be reduced from fiscal year 2005 except in proportion to adjustments consistent with the department’s budget adjustment; and provided further, for the purpose of paying for lab costs and extra personnel wages that were incurred during the recent Red Tide event and to provide for a future Red Tide event... $4,350,725.

SECTION 45C. Chapter 45 of the acts of 2005 is hereby amended by adding in Section 2 in item 2511-0100, the following words:—
“provided further, that $75,000 be awarded for the Boston Public Market Association to perform pre-development activities relative to creation of a year-round market in Boston, including the establishment of interim markets in the South Station and Longwood Medical Areas.”

SECTION 46. Section 2 of chapter 45 of the acts of 2005 is hereby amended by striking out 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 and any federal bonuses, on employment and training services provided to recipients and former recipients of transitional aid to families with dependent children ................................. 20,000,000.

SECTION 46A. Said section 2 of said chapter 45 is hereby further amended by striking out item 7010-0005 and inserting in place thereof the following item:—

7010-0005 For the operation of the department of education; provided, that the department, in collaboration with the governor's commission on gay and lesbian youth, shall allocate not less than $75,000 for programming to ensure public schools' compliance with the board of education's recommendations for the support and safety of gay and lesbian students and the implementation of related suicide-prevention and violence-prevention efforts; provided further, that the department shall report to the legislature on the feasibility of incorporating a median income component into the current chapter 70 school funding formula; provided further, that said report shall be provided to the house and senate chairs of the joint committee on education, the chairs of the house and senate committees on ways and means and the secretary of administration and finance not later than September 15, 2005; provided further, that funds from this item shall be expended for the salary of a deputy commissioner who shall serve as a chief operating officer for the department, and who shall have responsibility for overseeing all operational details of the department to ensure that all offices and divisions within the department operate according to a common strategic vision and coordinated planningprocess, and that all actions, public statements and decisions of deputy commissioners, assistant commissioners and staff are consistent with that vision and reflect board of education policy, the goals and intent of the general court and all applicable statutory mandates and requirements of the General Laws; provided further, that not later than November 15, 2005, the department shall submit to the secretary of administration and finance, the chairs of the house and senate ways and means committees and the house and senate chairs of the joint committee on education a report on the current organization of the department, with an operational flow chart detailing responsibilities and duties of each deputy commissioner, associate commissioner and any other person with supervisory responsibility in the department; provided further, that said report shall detail the means by which the department shall coordinate planning and operations functions, and describe the strategic vision of the department, along with a detailed implementation plan for realizing that vision; and provided further, that $80,000 shall be expended for the East Boston Harborside Community School for adult basic education initiatives........................9, 677, 805 .
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;

SECTION 48. Said section 2 of said chapter 45 is hereby further amended by striking out item 7003-0605 and inserting in place thereof the following item:—

7003-0605 For the operation and maintenance of the Massachusetts Manufacturing Extension Partnership for the purpose of maintaining and promoting manufacturing as an integral part of the Massachusetts economy 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; provided further that that not less than $150,000 shall be made available for the Regional Employment Board of Hampden County for a pilot program for precision machining training..........................1,556,666

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 Gardner” 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 Gardner; 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 this Center shall be matched by contributions from private entities equal to the expenditures from this item; and provided further, that not less than $150,000 shall be expended for Barn-Raising.org in the town of Wayland.

SECTION 50. Item 7003-0702 of said section 2 of said chapter 45 is hereby amended by adding the following words:— and 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 52A. Item 7004-0099 in section 2 of chapter 45 of the acts of 2005 is hereby amended by adding the following words:— ; and provided further, that not less than $75,000 shall be expended for an urban renewal plan for the city of Gardner.

SECTION 53. Item 7007-0900 of said section 2 of said chapter 45 is hereby amended by adding the following words:— 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 1:1 match, be awarded to the North Shore Music Theatre for restoration of the theatre; provided further, that not less than $200,000 shall be expended for the reconstruction of the pier facilities at the Maritime Heritage Center in the city of Gloucester; 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; provided further, that not less than $50,000 shall be expended for City Stage in the city of Springfield; and provided further, that not less then $100,000 shall be expended for certain payments for the maintenance and use of the Trailside Museum and the Chickatawbut Hill center; provided further, that $15,000 shall be transferred to the town of Spencer for the installation of markers at historic sites; and provided further, that not less than $200,000 shall be expended for the repair of Victorian street lighting within the state-recognized historic district of downtown Melrose; and provided further, that not less than $250,000 shall be expended for the Hopkinton Athletic Association for facilitation, promotion, and coordination of trade and tourism activities in connection with the international ‘Running for the Human Race’ project; and provided further that not less than $150,000 shall be expended for the creation of an economic development plan in the city of Gloucester; provided further, that $100,000 shall be expended for the purposes of a federally-funded grant entitled, the Essex National Heritage Commission Cooperative Agreement; provided further, that $50,000 shall be expended to the Salisbury Historical Society to complete a historic building restoration and create a town history museum and visitors center at Parson’s Corner in Salisbury; provided further, that $50,000 shall be expended for the Amesbury Carriage Alliance in the Amesbury lower milliard to preserve and renovate an existing building into a carriage museum, visitors’ center and artisans’ center; and provided further, that not less than $250,000 shall be expended for the Plimoth Plantation for the creation of a new brand identity.

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 54A. Item 7007-1000 of section 2 of said chapter 45 is hereby further amended by adding the following words:— ; provided, that $150,000 shall be expended to develop a program to provide technical assistance to state facilities and public school districts to reduce energy costs through the utilization of renewable energy systems.

SECTION 54B. Item 7007-1200 of said section 2 of said chapter 45 is hereby further amended by adding the following words:— ; and provided further, that $150,000 shall be provided to the North Central Chamber of Commerce to develop the Massachusetts Plastics Medical Device Connection Initiative, in said item 7007-1200, by striking out the figure “$500,000” and inserting in place thereof the following figure:— “$650,000”

SECTION 54C. Item 7007-1200 of said section 2 of said chapter 45 is hereby amended by adding the following words:— ; provided further, that not less than $500,000 shall.be expended by MassDevelopment for planning for a new mission to be executed by the Massachusetts Air National Guard at Otis Air National Guard Base; provided further, that not less than $500,000 shall be expended by MassDevelopment for planning and development of a homeland security training center to be located on the Massachusetts Military Reservation.

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:—

7027-0016 For matching grants for various school-to-work programs; provided, that the board of education shall establish guidelines for such programs in consultation with the department of workforce development; provided further, that any funds distributed from this item to cities, towns or regional school districts shall be deposited with the treasurer of the city, town, or regional school district and held in a separate account and shall be expended by the school committee without further appropriation, notwithstanding any general or special laws to the contrary; provided further, that each grant awarded herein shall be matched by the recipient from local, federal, or private funds; provided further, that the board of education may determine the percentage match required on an individual grant basis; provided further, that the department of education shall make available a payment of $734,400 for the state’s matching grant for the CS-squared program at the Commonwealth Corporation; provided further, that the department of education shall make available a payment of $1,092,191 to Jobs for Bay State Graduates, Inc., for the purpose of school-to-work activities; provided further, that the department of education shall make available a payment of $42,975 to the Blue Hills regional vocation school for the School to Careers Partnership to fund a teacher externship program and a student internship program; provided further, that $250,000 shall be expended for a pilot program that targets at-risk youth, Amer-I-Can and provided further, that of this $250,000, funds may be expended for the administration of this program in Springfield; provided further, that not less than $50,000 shall be expended for the Diploma Plus Program at Cape Cod Community College; provided further, that $1,500,000 shall be expended for a workforce development program within the City of Boston at the John D. O’Bryant High School, designed to operate in collaboration with the medical and academic institutions located in Boston’s Longwood area of said city and the Medical Academic Scientific Community Organization; provided further, that $250,000 shall be expended for the costs associated with the planning and design of a new Essex North Shore Agricultural and Technical School in the town of Danvers; and provided further, that not less than $350,000 shall be made available to Junior Achievement of Eastern Massachusetts for the expansion and delivery of in-school and after-school community based workforce development programs for at-risk and under-served students in Massachusetts; provided further, that $350,000 shall be expended for a pilot program targeting Roxbury/Mission Hill/Dorchester residents, including veterans, for a workforce development recruiting and training program center at Roxbury Community College in collaboration with community based organizations and medical and academic institutions in the Longwood area of the city and the Medical Academic and Scientific
Community Organization Inc.................................... 4,269,566

SECTION 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:—

7027-0019 For school to career connecting activities in an effort to significantly expand the opportunities to impact all school districts in Massachusetts through the provision of foundation funding to insure all regions have the responsibility and capacity to: connect school districts, students and employers; to improve the science, technology, engineering and mathematics educational offerings available in public and private schools; for school-to-career connecting activities; provided, that notwithstanding any general or special law to the contrary, the board of education, in cooperation with the department of workforce development, the Goddard STEM council, and the state workforce investment board may establish and support a public-private partnership to link high school students with economic and learning opportunities on the job as part of the school-to-work transition program; provided further, that such program may include the award of matching grants to workforce investment boards or other local public-private partnerships involving local community job commitments and work site learning opportunities for students; provided further, that the grants shall require at least a 200 per cent match in wages for the students from private sector participants; provided further, that the program shall include, but not be limited to, a provision that business leaders commit resources to pay salaries, to provide mentoring and instruction on the job and to work closely with teachers; provided further, that public funds shall assume the costs of connecting schools and businesses to ensure that students serve productively on the job......................7,129,687

SECTION 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:—

7035-0002 For grants to provide and strengthen adult basic education services, including reading, writing and mathematics, and English language learning, to a diverse network of organizations which have demonstrated commitment and effectiveness in the provision of such services, and that are selected competitively by the department of education; provided, that such grants shall support the successful transition of students from the most basic levels of literacy and English language proficiency to levels of skills and ability needed for parents to assume their role as full partners in their children’s education, as citizens, and to successfully transition to community college certificate and degree granting programs and employment opportunities and advancement in the workplace; provided further, that such grants shall be contingent upon satisfactory levels of performance as defined and determined by the department; provided further, that in no case shall grants be considered an entitlement to a grant recipient; provided further, that the department shall consult with the community colleges, workforce boards and other service providers in establishing and implementing content, performance and professional standards for adult basic education programs and services; provided further that these funds shall be used to expand access to these services, reduce the waiting lists for such services and better connect these services to skills and occupational training including workplace based and worker education programs and pathways to higher education, integrated family literacy and family support and citizenship preparation; provided further, there shall be established the Adult Basic Education Advisory Committee which shall provide general oversight and make recommendations to the commissioner and the board of education regarding how funding for this program shall be apportioned. The Committee shall be appointed by the commissioner and shall include a minimum of 1 representative of the Massachusetts Coalition for Adult Education, 1 representative of the Massachusetts Workforce Board Association, 1 representative of the Massachusetts Alliance for Adult Literacy, 1 representative of the ABE Directors Council, 1 representative of the Massachusetts Institute for a New Commonwealth, 1 representative of the Massachusetts AFL-CIO to be selected by the President of the Massachusetts AFL-CIO; 1 representative appointed by the commissioner of the department of workforce development, and 1 representative of the board of higher education. The commissioner shall convene the advisory committee at least quarterly; and provided further that not more than 7.5 per cent of the funds appropriated herein may be expended for administrative purposes..........................32,322,628

SECTION 57A. Said section 2 of said chapter 45 is hereby further amended by inserting after item 7035-0002 the following item:—

7035-XXXX For a one-time grant to the Randolph Community Partnership English Speakers of Other Language education and job training program...............100,000

SECTION 58. Item 1599-2005 of section 2A of Chapter 81 of the Acts of 2005 is hereby amended by adding after the words “ways and means”, the following words:— ; 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 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) incorporating other corporations; (4) contracting or collaborating with other public and private entities relative to bio-manufacturing and nano-manufacturing; (5) promoting 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 shall be 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 special commission shall consider the potential benefit to the commonwealth of offering such enhanced access to in-state affiliates of out-of-state pharmaceutical companies whether or not those affiliates manufacture drugs in the commonwealth. 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 shall 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 representative of 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 clerks 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 director of the department of workforce development or his designee; 2 members to be appointed by the president of the senate; 1 member to be appointed by the minority leader of the senate; 2 members to be appointed by the speaker of the house of representatives; 1 member to be appointed by the minority leader 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; and 18 members to be appointed by the governor, 1 of whom shall be from the Massachusetts Business Roundtable, 1 of whom shall be from the Associated Industries of Massachusetts, 2 of whom shall be from of the Massachusetts AFL-CIO nominated by its president, 2 of whom shall employer members from the Massachusetts Workforce Investment Board Association, 1 of whom shall be from the Workforce Investment Association of Massachusetts, 1 of whom shall be from the executive office of community colleges 1 of whom shall be from the department of education, 1 of whom shall be from the Massachusetts Workforce Investment Board, 1 of whom shall be from the Commonwealth Corporation, 1 of whom shall be from the Women’s Union, 1 of whom shall be from the Massachusetts State Colleges Council of Presidents, 1 of whom shall be from the Massachusetts Association of Community Development Corporations 1 of whom shall be from the Massachusetts Coalition for Adult Education, 1 of whom shall be from JFYNetWorks and 1 of whom shall be 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; provided, that said workforce accountability task force shall include at least 2 representatives from business and workers organizations from rural areas and those communities with a population of less than 31,000 residents.

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 shall 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.
Nothing in this section shall exempt the parcel located at 261-297 Medford street in Charlestown, assessor’s parcel number 02-02750-000, from the provisions of the Designation Decision for the Mystic River Designated Port Area, Charlestown Shore issued by the Office of Coastal Zone Management on December 16, 2002.
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 75A. Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall enter into a memorandum of agreement (MOA) with the Island Alliance, a duly authorized non-profit organization dedicated to promoting awareness and usage of the Boston harbor islands national park area, to assist in the development and improvement of the Boston harbor islands.
Notwithstanding sections 38A½ to 38O, inclusive, of chapter 7 and sections 44A to 44J, inclusive, of chapter 149 of the General Laws, and in accordance with procurement and construction guidelines as approved by the division of capital asset management and as set forth in the MOA, the MOA may extend for an initial period of not more than 30 years and may authorize the Island Alliance to provide the following services: procurement, undertaking studies and designs, obtaining permits and entering into and managing contracts for construction and operations.
The MOA may allow for the Island Alliance to accept funds and directed grants from the department or on behalf of the department from another agency and such other services as the department shall determine to be appropriate.
The MOA may permit the Island Alliance to retain funds generated by its activities pursuant to the MOA so long as such funds are used for the further purposes and promotion of the islands owned by the commonwealth within the Boston harbor islands national park area.

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 begin filing 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 77B. (a) Notwithstanding any general or special law to the contrary, a city or town declared to be in a state of emergency by the commonwealth and the city council or board of selectmen , and whose businesses were closed as a result of the emergency for 4 or more consecutive days in 2005 shall not impose an excise upon non-business sales at retail, of tangible personal property, as defined in section 1 of chapter 64H of the General Laws, but for the purposes of this act, tangible personal property shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals, or a single item whose price is in excess of $2,500,for a period of 2 consecutive days to be determined by the city or town, in conjunction with the department of revenue.
(b) Notwithstanding any general or special law to the contrary, for the days selected in 2005, a vendor in the eligible city or town shall not add to the sales price or collect from any non-business purchaser an excise upon sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. The commissioner of revenue shall not require a vendor to collect and pay excise upon sales at retail of tangible personal property purchased on the selected days, but an, excise erroneously or improperly collected during those days shall be remitted to the department of revenue.
(c) This section shall not apply to the sale of telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals, or a single item whose price is in excess of $2,500.
(d) Reporting requirements imposed upon vendors of tangible personal property, by law or by regulation, including, but not limited to the requirements for filing returns required by chapter 62C of the General Laws, shall remain in effect for sales on the selected days.
(e) On or before December 31, 2005, the commissioner of revenue shall certify to the comptroller the amount of sales tax revenue forgone due to the operation of this act. The commissioner shall issue a report, detailing by fund the amounts under general and special laws governing the distribution of revenues under chapter 64H of the General Laws which would have been deposited in each fund, notwithstanding this act.
(f) The commissioner of revenue shall issue instructions or forms, or promulgate rules or regulations, necessary to carry out this act.

SECTION 77C. Notwithstanding any general or special law to the contrary, in a city or town declared to be in a state of emergency by the commonwealth and the local governing body, and whose businesses were closed as a result of the emergency for 4 or more consecutive days in 2005 there shall be available a one-time $2000 tax credit against the taxes imposed by chapters 62 and 63 of the General Laws to businesses that were closed as a result of the emergency. The eligibility of a business for the credit shall be determined by the city council or board of selectmen board in conjunction with the department of revenue.

SECTION 77D. A party entering into a tax increment financing or economic opportunity area agreement shall be responsible for notifying the economic assistance coordinating council and the municipality of any substantial change to the tax increment financing or economic opportunity area agreement. This notice shall be provided to the economic assistance coordinating council and municipality in writing within 90 days of the agreement and shall be provided annually to the department of revenue.
The term “substantial change”, as used herein, shall mean the off-shoring of production, outsourcing of functions or relocation of business functions; any operational changes in the nature of products or services; any cessation or pause in operations; any net workforce reduction or change in hiring plans; or any sale, transfer or change in ownership or structure of the company.
A violation of the foregoing shall result in a revocation of the tax increment financing or the economic opportunity area agreement by the municipality or economic assistance coordinating council at its discretion.

SECTION 77E. The lottery commission shall investigate and study the implementation of a lottery game on Sunday. The proceeds of the investigated lottery game on Sunday shall be deposited in a small business assistance fund to be established. The purpose of the small business assistance fund is to provide grants, programs and services to small businesses in the commonwealth and to encourage the expansion or relocation of businesses to the commonwealth. The policies, rules and regulations of the small business assistance fund are to be promulgated by the executive office of economic development. The lottery commission shall file a report outlining the results of this study with house of representatives and senate ways and means committees within
1 year of the effective date of this act.

SECTION 77F. Whereas rapidly escalating fuel prices constitute an imminent and growing economic threat to the commonwealth, and whereas the Massachusetts Technology Collaborative (MTC) is mandated to support energy efficiency as well as economic development through new technologies, and whereas the internal combustion engine is a primary producer of energy in the commonwealth and the United States and a primary polluter, and whereas increasing the efficiency of the internal combustion engine will benefit the environment and economy of the commonwealth; the grant-making entities operated by the MTC, including the John Adams Innovation Institute and the Renewable Energy Collaborative, may make grants, not to exceed a total of $4,000,000 annually, in support of Massachusetts-based public and private enterprises developing new technology to significantly increase the efficiency of the internal combustion engine.

SECTION 77G. (a) There shall be a special commission created for the purpose of studying and making recommendations concerning the development of financial assets as a way to ensure that all people in the state of Massachusetts achieve long-term, sustainable economic security and self-sufficiency and enjoy economic opportunity. The commission shall consist of 2 members of the senate, appointed by the senate president; 2 members of the house of representatives, appointed by the speaker of the house; the treasurer and receiver general; the secretary of the executive office of administration and finance or his designee; the director of the department of housing and community development or his designee; the secretary of the executive office of health and human services or his designee; the director of the department of economic development or his designee; the chairman of the board of higher education or his designee; 1 of whom shall be a representative of the Massachusetts Community Action Program Directors’ Association, 1 of whom shall be a representative of the Massachusetts Association of Community Development Corporations, 1 of whom shall be a representative of the Massachusetts Individual Development Account Solutions; and, 11 persons appointed by the governor, 1 of whom shall be a representative of the general public who has participated or is participating in an individual development account administered by a community based organization based in Massachusetts, 1 of whom shall be a representative from the general public who manages an existing individual development account program in Massachusetts, 2 of whom shall be representatives of the Massachusetts Bankers Association, 1 of whom shall be a representative of a private philanthropy or private foundation, 1 of whom shall be a representative of the Women’s Educational and Industrial Union, 1 of whom shall be a representative of the Asset Development Institute at the Heller School for Social Policy and Management at Brandeis University, 1 of whom shall be a representative of a public or private institution of higher education, 1 of whom shall be a representative of the Massachusetts Institute for a New Commonwealth, 1 of whom shall be a representative of the Massachusetts AFL-CIO, and 1 of whom shall be a representative of the Federal Reserve Bank of Boston.
(b) The commission created under subsection (a) shall: examine the success of low-income workers of the commonwealth in saving money and building assets, and the reasons why some people have had less success than others; assess the impact of current state policies and private sector practices on saving and asset-building; identify strategies that offer a real promise of significantly increasing the numbers of those who save and build assets and the amounts they accumulate; and, make recommendations, consistent with the state’s short- and long-term fiscal condition, for state policies and practices, including action in coordination and collaboration with businesses and financial institutions, labor organizations and community and faith-based organizations, to implement those strategies. The commission, in formulating its recommendations, shall take account of the best policies and practices in other states and jurisdictions, particularly, but not limited to those relating to individual development accounts for low-income and low-asset households.
The focus of the commission shall include, but not be limited to, asset development strategies for low-income and low-asset individuals and families living in Massachusetts.
Where relevant, the commission shall consider the impact of labor market, education and training, and family-support policies and practices on opportunities for financial asset-building.
The commission shall be empowered to hold regular public meetings, fact-finding hearings and other public forums, as it considers necessary.
(c) The commission shall file its recommendations, together with recommendations for legislation, if any, with the house and senate clerks who shall forward the same to the general court no later than 2 years after the passage of this act.

SECTION 77H. There is hereby established a commission to study and make recommendations on the effectiveness and oversight of economic development tax credits including, but not limited to, the Economic Development Incentive Program tax credit, and the definition of blighted open area under section 1 of chapter 121A of the General Laws. The following individuals shall serve as members of the commission: the house and senate chairs of the joint committee on revenue, who shall serve as co-chairs; the commissioner of the department of revenue, or his designee; the executive director of the Mass Municipal Association, or his designee; and the president of the Greater Boston Chamber of Commerce, or his designee. The commission shall conduct at least 1 public hearing and shall file a report with the clerks of the senate and the house of representatives.

SECTION 77I. As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Authority”, the Massachusetts Turnpike Authority established by section 1 of chapter 81A of the General Laws.
“Central artery”, as defined in section 3 of chapter 81A of the General Laws.
“Department”, the department of telecommunications and energy, established in section 1 of chapter 25 of the General Laws.
“Usable space”, the total space that would be available for wireless attachments, without regard to attachments previously made, within the tunnels of the central artery project.
“Wireless attachment”, any device, apparatus, appliance or equipment used or useful in providing wireless communications services, including any associated wire or cable, used in the provision of a commercial wireless communications system.
“Wireless provider”, any person, firm or corporation which provides commercial wireless communication services.
Where it has been determined by the General Court that an effective and seamless state-of-the-art wireless communications system in the Central Artery tunnels owned or controlled by the authority provides economic benefits to and ensures the safety of citizens of the commonwealth, consistent with its authority pursuant to section 4 of chapter 81A, the Authority shall ensure that a wireless communications system is established in the tunnels of the central artery no later than December 31, 2006 through the issuance of licenses, easements or other instruments and by cooperating with and allowing access by wireless providers to said tunnels of the central artery.
In order to effectuate the provision of wireless communications services in the tunnels of the central artery, the department shall have the authority to establish rates and fees and shall open a proceeding to establish the maximum rates and fees which can be charged by the authority to wireless providers for the placement and use of wireless attachments in the central artery tunnels. The department shall determine just and reasonable maximum rates and fees for the placement of wireless attachments and use of space in the tunnels of the central artery by wireless providers by assuring that the authority’s recovery does not exceed the cost to the authority of construction, operations and maintenance of the wireless communications system in the tunnels of the central artery. In establishing these rates and fees, the department shall compute the percentage of usable space in the tunnels of the central artery which has been or will be allocated to wireless attachments, and shall consider the number of wireless providers that will be participating in the wireless communications system to be established in the tunnels. The department, after hearing, shall issue its order establishing rates and fees within 180 days of the effective date of this section. The department is hereby authorized to promulgate rules and regulations for the administration and enforcement of this section.

SECTION 77J. (a) Notwithstanding any general or special law to the contrary, the commissioner of the department of workforce development shall enter into a contract for not less than $934,000 with the Massachusetts Council of Human Service Providers, Inc. to continue development of an industry-guided, Internet-based workforce development program for approximately 31,000 low-paid, economically disadvantaged direct care workers who deliver direct care services through community-based organizations pursuant to purchase of service contracts with the executive office of health and human services or agencies within that executive office. The contract shall provide for quarterly reports to the department detailing the number of direct care workers served, the type and duration of training provided, data on the turnover of vacancy rates of contract providers and such other information as the department may require.
(b) These funds shall: (1) provide essential training and credentialing for the direct care workforce in the human service, contract provider industry funded through EOHHS; (2) improve recruitment and retention of a well trained direct care workforce which currently has turnover and vacancy rates as high as 40 per cent; (3) improve the quality of services provided to clients referred by the commonwealth, and (4) develop occupational skills and expand the career potential for workers in Massachusetts including older workers.
The council may expend these funds to hire a program director as well as consultants with expertise in the field of human services training to develop a curriculum and to administer the program using an e-learning, or web or internet based environment.......................$934,000.

SECTION 78. Sections 34, 35 and 36 shall be effective for tax years commencing on or after January 1, 2005.