Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide for economic investments in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health and convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 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; provided, that notwithstanding any general or special law to the contrary, appropriations made herein shall not revert and shall be available for expenditure until June 30, 2007. 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 HEALTH AND HUMAN SERVICES.
Office on Disabilities and Community Services.
4120-2000 ............................................................................................... $500,000EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT.
Department of Workforce Development.
7002-0100................................................................................................. $500,000Department of Housing and Community Development.
The Governor disapproved the following item [for message, see House, No. 5101]Department of Business and Technology.
The Governor disapproved the following item [for message, see House, No. 5101]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; provided, that notwithstanding any general or special law to the contrary, appropriations made herein shall not revert and shall be available for expenditure until June 30, 2007. 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.
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
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 at 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 herein, those funds used for any facility owned
by the corporation established pursuant to section 107 of this act 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 said
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 any 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 of each facility and all
associated costs and revenues of each facility, including the projected
timelines 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 notwithstanding any general or special law to
the contrary in the construction and financing of any nano-manufacturing
or bio-processing facilities pursuant to this item, the University of
Massachusetts Building 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 University
of Massachusetts Building 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.
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
EXECUTIVE OFFICE OF TRANSPORTATION.
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; provided, that not
less than $12,500,000 shall be expended 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; provided further, that not less than $5,600,000
shall be expended 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; provided further, that
not less than $400,000 shall be expended for a study to investigate the
improvement of traffic flow in and around the Longwood Medical, Fenway and Kenmore square areas and all intersecting
streets and roadways, including, but not limited to, an analysis of: (i)
use of variable one-way lanes during peak traffic hours; (ii)
peak-time traffic restrictions and bus and ambulance priority lanes; (iii)
permanent reconfiguration of two-way streets to one-way streets; and (iv)
partial or complete elimination of on-street parking on Brookline avenue and
other streets and roadways; provided further, that not less than $12,000,000
shall be expended for the design, planning and construction of upgrades of
Massachusetts Bay Transportation Authority Yawkey commuter rail station on the Worcester-Framingham line, so-called, including,
but not limited to, service improvements, an extension or reconstruction of the
existing platform to allow for bi-directional service provided such does not
prevent nor interfere with other service upgrades or with other improvements to
the area, new canopies, bus waiting area, vehicle and pedestrian access
improvements to Beacon street and Brookline avenue and a new universal
crossover between the two Boston live tracks, east of Brookline avenue;
provided further, that not less than $500,000 shall be expended 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: (i)
the siting of a North Allston station, taking into
account current and future demand; and (ii) the creation of a Turnpike
Authority access ramp to that station; and provided further, that not less than
$5,000,000 shall be expended for the planning, design and construction of
enhancements to the Fenway, Kenmore and Longwood
stations, so-called, 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, so-called................ $36,000,000
EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT.
Office of the Secretary.
For the wireless broadband affairs director within the executive office of economic
development..................................... $250,000.
Department of Workforce Development.
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 the 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..................................... $250,000
Department of Housing and Community Development.
This item was reduced and the following words were sticken by the Governor [for message, see House, No. 5101]
The Legislature overrode the Governor's veto.
For a
one time grant to the city of Worcester, on or before December 31, 2006, for use by the city in the financing of the public improvements
associated with the CitySquare project; and provided
further, that not less than $1,000,000 shall be expended 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, and salaries and/or fees for professional municipal
planning work related to said repairs and improvements....................................................... $26,000,000
The Governor disapproved the following item [for message, see House, No. 5101]
The Legislature overrode the Governor's veto.
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
Department of Business and Technology.
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 the duties of said instate sales force 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; and
provided further, that the Massachusetts office of business development shall
aggregate all such data and annually submit a report to the house and senate
committees on ways and means, the joint committee on economic development and
emerging technologies, the joint committee on labor and workforce development,
and the joint committee on community development and small businesses on the
activities and expenditures undertaken with funding from this line item............................ $1,500,000
The Governor disapproved the following item [for message, see House, No. 5101]
The Legislature overrode the Governor's veto.
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................................................ $2,500,000
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 and
equipment in the former cafeteria of the Wheatley building, and not more than
$1,000,000 may be used for start-up and operating expenses; provided further,
that the funds shall not be available for faculty salaries; provided further,
that the funds shall be available through June 30, 2010 $5,000,000
The Governor disapproved the following item [for message, see House, No. 5101]
The Legislature overrode the Governor's veto.
For the Massachusetts
Technology Park Corporation for the purposes of a grant program established in
section 110............... $3,000,000
This item was reduced and the following words were sticken by the Governor [for message, see House, No. 5101]
The Legislature overrode the Governor's veto.
For a
one-time grant to the city of Westfield of not less than $2,100,000 for the purpose
of assisting with economic development, engineering and infrastructure
improvements; provided, that funds from this one-time grant shall be 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 the town of Milton, including, but not
limited to, infrastructure and road improvements, side walks, lighting, safety
and aesthetic improvements................................. $3,100,000
The Governor disapproved the following item [for message, see House, No. 5101]
The Legislature overrode the Governor's veto.
For a
one-time grant to the University of Massachusetts at Amherst for a
public/private program of matching funds between the food science department of
the university 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 the commonwealth; provided, further, that grants
pursuant to this item shall be subject to a matching funding requirement of
dollar for dollar of the amount of the grant.................................................... $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.
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 government body and a for-profit
entity involved in the project shall jointly submit a request for funding to
the secretary of economic development; and 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 108 of this act, subject to the
discretion of the president of the University of Massachusetts. The
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 (i) 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 Massachusetts within 24 months upon receipt of a grant and
commits that the jobs are to be maintained herein for at least a five year
period or (ii) documents an economic benefit that the secretary determines is
sufficiently exceptional. The secretary shall, not later than December 31, 2006 promulgate regulations or issue guidelines regarding the proposed
program described herein; 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.............................................. $100,000,000
For
the Massachusetts Community Investment Capital Program related to capital
investments for community improvements; provided that not less than $2,545,000
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
parking facilities 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, provided further, that not less than $500,000 shall be
expended for the installation of air conditioning and other improvement at the
historic Memorial Hall in the city of Melrose to allow for year-round cultural
performances; 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; 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; 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; 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; 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; 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; provided further,
that $350,000 shall be expended for infrastructure improvements at the Melmark School; provided further, that not less than
$150,000 be expended for the North Main Street Planning Initiative located in
the city of Worcester; provided further, that $400,000 shall be expended for
the design costs associated with the construction and improvement of Beacham 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...................................................... $66,910,000
For a
reserve for facility improvements, or for design and construction of new
facilities to promote nano-manufacturing and
bio-manufacturing; provided, that the 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.................................. $14,000,000
EXECUTIVE OFFICE OF TRANSPORTATION.
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;
provided that not less than $11,000,000 shall be expended for the planning,
design and construction of enhancements to the Fenway,
Kenmore and Longwood stations, so-called, on the Massachusetts Bay
Transportation Authority Green Line, so-called, 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, so-called, and for the planning, design, and
construction of an additional commuter rail platform at Ruggles Station, so called; provided further that not less than $90,000 shall be
expended to study, evaluate, and report on, no later than December 31, 2006,
the benefits of constructing a transit tunnel connecting the Ruggles MBTA Station, so-called to the Fenway area,
including planned service lines; and provided further, that not less than
$8,000,000 shall be expended for the planning, design and construction of
service enhancements to the Massachusetts Bay Transportation Authority Green
Line, so-called, including installation of new eastbound crossover tracks at
Park Street Station, so-called, and a dynamic double berthing information
system.......... $19,090,000
The Governor disapproved the following section [for message, see House, No. 5101]
The Legislature overrode the Governor's veto.
SECTION 3. Chapter 6 of the General Laws is
hereby amended by inserting after section 12XX the following 2 sections:—
Section 12YY. The governor shall annually issue a proclamation setting apart the third week of November, or such other week if in conjunction with a federally recognized international education week, to be International Education Week for the purpose of encouraging schools to participate in programs of international education, and recommend that said week be observed in an appropriate manner by the people.
Section 12ZZ. The governor shall annually issue a proclamation setting apart October 21 as Massachusetts Biomedical Research Day, in conjunction with National Biomedical Research Day, and recommending that the day be observed in an appropriate manner by the people.
SECTION 4. 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 shall: (1) in advertising for bids, contracts or otherwise procuring products of agriculture, make reasonable efforts to facilitate the purchase of such products of agriculture grown or produced using products grown in the commonwealth; and (2) purchase the 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 products of agriculture grown or produced using products grown outside of the commonwealth.
SECTION 5. Section 35J of chapter 10 of the General Laws, as so appearing, 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, established pursuant to subsection (b) of section 42 of chapter 23G.
The Governor disapproved the following section [for message, see House, No. 5101]
The Legislature overrode the Governor's veto.
SECTION 6. Section 1G of chapter 15 of the
General Laws, as so appearing, is hereby amended by adding the following
paragraph:—
(g) The commissioner of education, in consultation with the chairman of the board of higher education, shall direct the global education advisory council to explore international opportunities for learning, exchange programs and the availability of curriculum materials for students, teachers, administrators and educational policy makers. Said global education advisory council shall: (a) investigate and compile information concerning international education programs and opportunities. The council shall make recommendations to the commissioner on the expansion of international education programs and opportunities and shall consider ways to encourage participation in such programs. The council shall advise the department of education and the joint committee on education on international program opportunities and the availability of federal or nonprofit agency grants or other funding sources for such programs. The department shall provide information on international education opportunities to local and regional boards of education and to institutions of higher education; (b) develop guidelines and standards to aid local and regional school districts in the establishment of programs of international studies. Such guidelines and standards shall describe the essential components of a quality educational program incorporating international education concepts. The council shall submit such guidelines and standards to the department of education for review and approval; (c) develop criteria for what constitutes a sister school partnership program between a public school of this state and a foreign school. Such criteria shall provide a process for recognition of such partnership. The council shall submit such criteria to the department of education for review and approval; (d) advise the department of education on possible incentives to encourage the formation of partnerships that meet criteria established in accordance with the provisions of subsection (c). Such incentives may include, but need not be limited to, cooperation between sister partnership schools in teacher certification, student assessment programs and recognition of student course credit, participation in summer programs and in other areas where the state could recognize the value of the sister school partnership relationships with minimal cost; (e) conduct an assessment of current practices regarding international education in elementary and secondary public schools in the commonwealth. The global education advisory council’s assessment of current practices shall include, but not be limited to, information gathering through public hearings.
The Governor disapproved the following section [for message, see House, No. 5101]
The Legislature overrode the Governor's veto.
SECTION 7. Said chapter 15 of the General Laws is hereby amended by adding the following section:—
Section 66. (a) It shall be the policy of the commonwealth to encourage students, teachers, administrators and educational policy makers to participate in international studies, international exchange programs and other activities that advance cultural awareness and promote mutual understanding and respect for the citizens of other countries.
(b) The department of education may recognize a school that meets the standards for international education programs developed by the global education advisory council.
(c) The commissioner of education shall, annually, subject to appropriation, award grants not to exceed ten thousand dollars to local or regional school districts which operate schools recognized pursuant to this section. Such board shall use the funds to support the international education programs at such schools.
(d) The department of education may recognize sister school partnership programs between public schools of the commonwealth and foreign schools. Within available appropriations, participation in such partnership programs shall allow foreign schools access to state programs of professional development and technical assistance programs under the same terms and conditions as for public schools of this state with reciprocity for participation in such programs.
(e) Wherever possible, the department of education may promote exchanges of a limited number of professional personnel and students by state agencies and educational institutions, with institutions of other states and other countries and may pay the salaries of such personnel and may assign scholarships and grants-in-aid to such exchanges.
SECTION 8. 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. The council shall consist of: the commissioner of the department of education or his designee; the commissioner of the department of early education or his designee; the director of the office of workforce development or his designee; the president of the Massachusetts Teachers Association or his designee; the chairperson of the board of higher education or his designee; the president of the Technology Education Association of Massachusetts or his designee; the executive director of the Massachusetts Technology Collaborative or his designee; the executive director of the Massachusetts Development Finance Agency or his designee; the president of Associated Industries of Massachusetts or his designee; the president of the Massachusetts Federation of Teachers or his designee; 2 members of the senate appointed by the president of the senate, 1 of whom shall be co-chairperson of the council; 1 member of the senate to be appointed by the minority leader of the senate; 2 members of the house of representatives appointed by the speaker of the house of representatives, 1 of whom shall be co-chairperson of the council; 1 member of the house of representatives to be appointed by the minority leader of the house of representatives; and 11 members to be appointed by the governor, 1 of whom shall be the chief executive officer of a life-science firm, 1 of whom shall be a chief executive officer of a technology firm, 1 of whom shall be a chief executive officer of a health care corporation, 1 of whom shall be a chief executive officer of a consulting engineering firm, 1 of whom shall be a representative of a minority led firm, 1 of whom shall be a representative of a female led firm, 1 of whom shall be a chancellor of a state university or college, 1 of whom shall be a president of a state college or his designee, 1 of whom shall be a president of a community college or his designee, 1 of whom shall be a superintendent of a public school system or his designee, and 1 of whom shall be the president or executive director of the Massachusetts Technology Leadership Council or his designee.
(b) The council shall: (1) annually evaluate and make recommendations to the chancellor of higher education regarding programs supported by the pipeline fund, so-called, as established by 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 throughout the state so as to eliminate duplication and provide for one 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 the changes in order to enhance the state’s capacity to build a strong and competitive workforce. The council shall submit quarterly reports on the fund’s progress and shall, not later than December 31, submit a cumulative annual report, together with any recommendations, to the clerk of the senate, the clerk of the house of representatives, the chair of the house and senate committees on ways and means, the chairpersons of the joint committee on economic development and emerging technologies, the chairpersons of the joint committee on labor and workforce development, the chairpersons of the joint committee on higher education, and the chairpersons of the joint committee on education. The reports shall include: (1) a list of grant recipients from the pipeline fund; (2) the amount of each grant; (3) the amounts of non-state funding credited to the pipeline fund; (4) the purposes of grants from the pipeline fund; (5) an annual statement of cash inflows and outflows detailing the sources and uses of the funds; (6) a forecast of future payments based on current binding obligations; and (7) a detailed breakdown of the purposes and amounts of administrative costs charged to the fund.
SECTION 9. Chapter 18 of the General Laws is hereby amended by inserting after section 2 the following section:—
Section 2A. (a) The department of transitional assistance shall amend the food stamp employment and training plan to maximize the use of the 50-50 match provision, so-called, for the claiming of allowable 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.
(b) The department, together with agencies and other entities that provide education, employment or training services in the commonwealth, 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.
(c) In addition to any other sums appropriated by the general court for those services, the department shall expend $3,000,000 annually 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 of mental retardation, the department of mental health, and the Massachusetts rehabilitation commission for employment and training services provided to recipients and former recipients of transitional aid to families with dependent children.
(d) Funds not to exceed the equivalent of 5 per cent 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 (c), 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.
(e) Upon application by an agency or other entity, 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, 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 per cent of these funds may be used for administrative costs incurred by said agency or organization claiming said federal matching funds. These funds shall not be used to supplant existing services.
SECTION 10. Section 2 of chapter 23A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following paragraph:—
(h) To increase access to affordable and reliable broadband services across the commonwealth.
SECTION 11. Said chapter 23A is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-
Section 3. (a) MOBD shall contain the following 4 divisions: business services, entrepreneurial and small business development, wireless and broadband development and manufacturing development. Each division shall be under the charge of a director subject to the direction, control and supervision of the director of economic development. Each director shall be a person of skill and experience in the field of his appointment and shall be appointed and may be removed by the executive director, with the approval of the secretary, and shall serve until so removed. The position of director shall not be subject to section 9A of chapter 30 or chapter 31. Each director shall devote his full time during business hours to the duties of his office. The MOBD executive director may authorize any director to exercise in his name any power, or to discharge in his name any duty, assigned to him by law, and he may at any time revoke the authority.
(b) The function of the director of wireless and broadband development, hereinafter the director, created pursuant to subsection (a) shall be to facilitate access to high speed connectivity and telecommunications in the commonwealth, with a special interest in increasing the presence of affordable, state-of-the-art wireless internet, cellular and broadband access across the commonwealth to promote economic development, meet the commonwealth’s homeland security and emergency preparedness needs, improve government efficiency, and improve the quality of life for the commonwealth’s residents. The director shall, in consultation with the wireless broadband development council established pursuant to section 6B of chapter 40J, develop a state telecommunications plan to ensure extensive wireless internet, cellular and broadband access for every community within the commonwealth. The duties and powers of the director shall include, but not be limited to, the following: (1) identifying communities that lack affordable and competitive wireless internet, cellular and broadband service; (2) identifying areas where, due to geographic remoteness, sparsity of population or other considerations, private-sector capital investment in wireless internet, cellular and broadband facilities deployment is not sufficient to meet the present and future needs of the area, and in those areas (i) develop strategies, including but not limited to, public-sector partnerships, including aggregation of demand, as a means to increase the presence of affordable, state-of-the-art wireless internet, cellular and broadband access; and (ii) facilitate the development of private, joint public-private, or public initiatives which afford open, competitive, content-neutral wireless internet, cellular and broadband services accessible via multiple carriers; (3) examining and identifying the best practices of other states, municipalities, and foreign governments relative to achieving wireless internet, cellular and broadband connectivity in underserved areas, including, but not limited to, the creation of public entities to facilitate the introduction of wireless internet, cellular and broadband services to underserved areas; (4) identifying state-of-the-art technologies that are well-suited to bring wireless internet, cellular and broadband service into underserved communities; (5) conducting a survey and analysis of all state owned lands to identify specific state lands that, if made available for the purpose, would facilitate the deployment of wireless internet, cellular and broadband technologies and services to achieve service in underserved areas; (6) working in conjunction with the executive office of transportation and construction, the division of capital asset management and maintenance and other appropriate state, regional and municipal agencies, develop a plan to ensure that each state construction project, including but not limited to, buildings, roads and bridges shall include access for wireless internet, cellular and broadband infrastructure or enable future deployment of wireless internet, cellular and broadband infrastructure, including appropriate design for placement of wires, wireless arrays, and poles and pole attachments; (7) investigating the development of wireless internet, cellular and broadband systems for downtown areas, commencing with areas of high growth, and working in consultation with the wireless broadband development council, established pursuant to section 6A of chapter 40J of the General Laws, to develop demonstration projects to facilitate wireless access in underserved small-to-mid sized communities; (8) investigating ways to financially support increased wireless internet, cellular and broadband connectivity, including a state universal service fund for the purpose; (9) examining the feasibility of establishing a universal statewide right of way fee to reduce the time from permit application to local approval, in order to promote wireless internet, cellular and broadband facilities deployment; (10) identifying any state law or regulation that hampers the expansion of wireless internet, cellular and broadband services or provides unreasonable competitive advantages to regulated, telecommunications carriers or cable operators, including access to, or use of, municipal or other facilities or rights-of-way; (11) working with the department of telecommunications and energy and other appropriate state agencies and private parties to identify the locations of dark fiber and telecommunications tower access areas owned by telecommunications companies in the commonwealth; (12) identifying federal regulations and statutes that impede the deployment of wireless internet, cellular and broadband facilities and services and advocating before the United States Congress and the Federal Communications Commission for appropriate amendment of these federal policies; and (13) taking other actions considered necessary to fulfill the goal of establishing a competitive wireless internet, cellular and broadband market within the commonwealth. The director of broadband development shall work in consultation with the wireless broadband development council established pursuant to section 6A of chapter 40J of the General Laws. Notwithstanding the requirements of subsection (a), the director of wireless and broadband development shall have extensive experience in the broadband, telecommunications or data communications industry, including, but not limited to, the utilization of market-based strategies to induce wireless internet, cellular or broadband deployment, the creation of public entities to facilitate wireless internet, cellular and broadband deployment, and a demonstrated knowledge of state-of-the-art technologies that bring wireless internet, cellular and broadband to underserved areas, including, but not limited to, wireless technologies. The director of wireless and broadband development shall annually, no later than December 31, submit a report, including any recommendations for legislation, to the secretary of the executive office of economic development, the director of the department of business and technology, the chairman of department of telecommunications and energy, the chairpersons of the house and senate committees on ways and means, the chairpersons of the joint committee on economic development and emerging technologies and the chairpersons of the joint committee on telecommunications, utilities and energy.
SECTION 12. Section 3F of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 70 and 71, the words “or by the commissioner of revenue upon denial of the application of the tax credit provided in section 38N of chapter 63,” and inserting in place thereof the following word:— only.
SECTION 13. Said section 3F of said chapter 23A, as so appearing, is hereby further amended by striking out, in line 74, the word “or”, the second time it appears, and inserting in place thereof the following word:— and.
The Governor disapproved the following section [for message, see House, No. 5101]
The Legislature overrode the Governor's veto.
SECTION 14. Said chapter 23A is hereby further
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 naming as an additional insured the Massachusetts Bay Transportation Authority or the executive office of transportation and construction, as applicable, 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 terms, conditions, amendments and endorsements as appropriate under the circumstances of the proposed rail-trail project, and with coverage limits of at least $3,000,000 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 the 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 regulations, policies, or directives necessary to expedite the receipt and approval of grant applications from municipalities under this section.
The Governor disapproved the following section [for message, see House, No. 5101]
The Legislature overrode the Governor's veto.
SECTION 15. Section 23A of said chapter 23A, as
so appearing, is hereby amended by adding the
following 2 paragraphs:-
The OITI executive director shall also serve as the Massachusetts trade representative. The purpose of the Massachusetts trade representative shall be to: (1) serve as the commonwealth’s official point of contact with the federal government on international trade-related matters; (2) work with the executive office of economic development and other appropriate state agencies to analyze proposed and enacted international trade agreements and provide an assessment of the impact said agreements on the commonwealth’s economy; (3) serve as the designated recipient of federal requests for the commonwealth to agree to be bound by investment, procurement, services or any other provisions of international trade agreements, including those which may infringe upon state law or regulatory authority reserved to the commonwealth; (4) serve as a liaison to the general court on matters of international trade policy oversight including, but not limited to, reporting to members of the general court on a regular basis on the status of ongoing international trade negotiations, international trade litigation, and dispute settlement proceedings with implications for existing state laws, state regulatory authority and international trade policy on the commonwealth’s economy.
The trade representative shall, within 30 days of receipt, forward any requests or communications received from the United States Trade Representative relative to any issue of international trade, including requests seeking the commonwealth’s consent to be bound by international trade agreements, to the clerk of the house of representatives and the clerk of the senate, who shall promptly refer the communications or requests to the joint committee on economic development and emerging technologies. The joint committee shall, within 30 days of receipt, conduct a public hearing on any request seeking the commonwealth’s consent to be bound by an international trade agreement. The joint committee may issue a report within 120 days of the public hearing including a resolution to the general court relative to the recommendations of the committee on whether the commonwealth should consent to the international trade agreement in question and memorializing the commonwealth’s trade representative and the governor to take appropriate measures within their power to advise the United States Trade Representative of the recommendations of the general court.
SECTION 16. Said chapter 23A is hereby further amended by striking out section 56, as so appearing, and inserting in place thereof the following section:—
Section 56. (a) There shall be within the department of economic development a Massachusetts quasi-public corporation and public purpose agency planning council, hereinafter referred to as the council, which shall not be subject to the control of the department except as provided in this section. The purpose of the council shall be to ensure regular communication and coordination between the quasi-public corporations and public purpose agencies as to their economic development projects, programs and plans. The council shall consist of the chief executive officers or their designees from each of the following agencies: the executive office of economic development, who shall serve as chair of the council; the office of business and technology; the Commonwealth Corporation; the department of workforce development; the Massachusetts Community Development Finance Corporation; the Massachusetts Development Finance Agency; the Massachusetts Health and Educational Facilities Authority; the Massachusetts Technology Development Corporation; the Massachusetts Technology Park Corporation; the Economic Stabilization Trust; the Massachusetts Port Authority; the office of international trade and investment; the office of travel and tourism; the Massachusetts Business Development Corporation; the University of Massachusetts; the board of higher education; the Massachusetts Workforce Investment Board; and the Massachusetts Small Business Development Center. The chairpersons of the joint committee on economic development and emerging technologies shall serve as ex-officio advisory members of the council. The council shall meet from time to time, but not less frequently than monthly. The secretary of economic development shall appoint personnel necessary to coordinate the activities of the council and to provide administrative support to the council, as requested. The agencies shall be required to submit to the department, in a form and manner prescribed by the department, information detailing debt or equity investment; the nature and amount of the investments; real estate or working capital loans; funds or technical assistance provided to businesses; other forms of financing or financial assistance provided to businesses, students or employees; the number of businesses created or enhanced as a result of the investments or assistance; and the number of jobs created as a result of the investments or assistance. The department shall aggregate the data and, not later than December 31, shall submit an annual 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, the joint committee on labor and workforce development, the joint committee on small business and community development and the joint committee on higher education. The council shall, from time to time, review and determine whether the present quasi-public corporations subject to this section are appropriately serving the goals of the council in establishing and implementing a more coordinated economic development policy. The council shall, in its annual report, make recommendations to the joint committee on economic development and emerging technologies recommending changes to the composition of the council, streamlining agencies on the council through the consolidation or elimination of duplicative services performed by quasi-public agencies, or creating new quasi-public agencies that would serve on said council; provided, however, that the council shall maintain not more than 8 regional offices through the expansion of offices already in operation or by establishing new offices. Each office shall be responsible for the implementation of the coordinated plans, programs and projects in its region of the state.
(b) In order to fully utilize all appropriate measures to provide risk capital to small businesses in the commonwealth the Massachusetts Community Development Finance Corporation, the Commonwealth Corporation, the Massachusetts Development Finance Agency and the Massachusetts Technology Development Corporation shall establish 1 or more small business investment corporations (sbic) or special small business investment corporations (ssbic) as provided by the Small Businesses Equity Enhancement Act of 1992, Title iv of U.S. Public Law 102-366.
SECTION 17. Section 27 of chapter 23G of the General Laws, as so appearing, is hereby amended by striking out, in line 55, the word “sources.” and inserting in place thereof the following words:— sources; (4) to provide low or no interest equipment loans targeted to companies within the defense technology and homeland security sector particularly those that are seeking to become more competitive against out-of-state companies; and (5) to provide matching grants in the field of marine science technology for Massachusetts companies that receive small business innovation research or small business technology transfer grants from the small business administration. The matching award amount shall be the lesser of $20,000 or 15 per cent of the small business innovation research or small business technology transfer grant. There shall be a maximum of $60,000 available per Massachusetts company, including affiliates, per calendar year allocated on a competitive basis, contingent upon the availability of funds. The matching funds shall be used for product development and commercialization.
SECTION 18. Said section 27 of said chapter 23G, as so appearing, is hereby further amended by inserting after the word “biotechnology”, in line 66, the following words:— marine science technology,.
SECTION 19. Said section 27 of said chapter 23G, as so appearing, is hereby further amended by inserting after the word “loans”, in line 75, the following words:— , working capital and contract based loans.
SECTION 20. Section 29A of said chapter 23G, 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.
This section was returned by the Governor with an amendment [for message, see House, No. 5103]
SECTION 21. 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
interest of the commonwealth to promote the prosperity and general welfare of
all citizens by enhancing cultural activities throughout the commonwealth by
partially financing the acquisition, construction, expansion, renovation and
repair of our cultural facilities. Preserving cultural resources may
stimulate further investment in the arts, heritage, entertainment, humanities
and interpretive sciences, which will increase employment and entrepreneurial
opportunities for the citizens of the commonwealth and increase tourism to the
regions where these facilities are located, including tourism from outside the
commonwealth.
(b)(1) As
used in this section and section 43, 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.
“Committee”, the
cultural facilities advisory fund committee.
“Cultural
facility”, a building, structure or site that is, or will be, owned, leased or
otherwise used by 1 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. The term cultural facility 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, of which at least 50 per cent 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 organization
provides service and open access to the community and the general public
outside of the regular educational mission of the public or private institute
of higher education demonstrates and financial need.
“Director”, the
executive director of the Massachusetts
development finance agency.
“Eligible
project”, the acquisition, design, construction, repair, renovation,
rehabilitation or other capital improvement or deferred maintenance of a
cultural facility consistent with this section.
“Feasibility and
technical assistance grant”, a direct grant of monies from the fund subject to
matching grant requirements, to an applicant for payment of the costs and
expenses related to the undertaking and completion of a planning and
feasibility study for a proposed eligible project; provided, however, that no
such grant shall exceed $50,000. The agency may
award a feasibility and technical assistance grant only upon its finding that: (i)
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; (v) there is local
support for the project; and (vi) if undertaken, the proposed project would
qualify as an eligible project.
“Fund”, the Massachusetts
Cultural Facilities Fund.
“Grant”, a
direct grant of monies from the fund to an applicant for payment of the costs
of an eligible project, except that the amount of any single grant awarded from
the fund shall not exceed $5,000,000.
“Loan”, a direct
loan of monies from the Fund to an applicant to finance a portion of the cost
of an eligible project, except that the amount of any single loan awarded from
the fund shall not exceed $5,000,000.
“Massachusetts
cultural council”, a public instrumentality created pursuant to section 52 of
chapter 10.
“Matching
funding”, private or public monies donated or appropriated to an eligible
project in the proportions to the qualified investment as set forth in
subsection (c).
“Public body”, the commonwealth and any body politic and corporate
of the commonwealth, including any political subdivision thereof, or any
consortium of any contiguous subdivisions and any federal agency.
“Qualified
investment”, a grant, including a feasibility grant, loan, guarantee or other financing or credit enhancement device provided under the Fund for an
eligible project.
(2) There shall be the Massachusetts Cultural Facilities
Fund, under the control of the agency, 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 the 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 the Massachusetts Tourism Fund from the
tax imposed by section 3 of chapter 64G, section 22 of chapter 546 of the acts
of 1969 or any appropriation made pursuant to section 35J of chapter 10. In
addition to the funds set forth in the preceding sentence, the fund shall be credited, subject to appropriation, in each fiscal
year after the first appropriation to the fund, an additional amount not less
than the previous fiscal year’s appropriation. The fund shall also be credited in each fiscal year, subject to
annual appropriation, an amount equal to the funds previously appropriated
annually for payment of principal and interest on obligations issued for the
rehabilitation, operation and maintenance of the Hynes convention center, or in
no case less than $13,000,000 per annum. The fund shall
also be credited with all bond proceeds, federal funds, private
contributions, loans or other monies lawfully made available to the fund. The
purpose of the fund shall be to make grants, and loans
when appropriate, to finance eligible projects. Applicants
may apply to the Fund for a feasibility and technical assistance grant, a grant
and 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 the fund
in a separate account, segregated from all other agency funds. Except as hereinafter provided, the agency may invest and reinvest
the Fund and the income thereon: (i) in making qualified investments; (ii) in
investing funds not required for immediate disbursement in the purchase of such
securities as may be lawful investments for fiduciaries in the commonwealth;
(iii) for paying binding obligations associated with the qualified investments
which are secured by the fund as the same become payable; (iv) for paying the
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; and (v) for the reasonable costs of
administering the fund, provided that the 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. The bonds shall be issued as
revenue bonds and shall be recourse only to the funds appropriated or otherwise
contributed under this section and such reserve funds as may be expressly
created to guarantee the same. The bonds shall not be general
obligations of either the agency or the commonwealth. Bonds issued
in furtherance of this section 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 the 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. No grant shall be made pursuant to this section without the required
matching funding. 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 matching funding
requirement of the amount of the grant;
(ii) greater than or equal to $1,000,000 and less than $2,500,000 shall be subject to a
matching funding requirement of at least twice the amount of the grant;
(iii) 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 any property which was acquired or improved with a grant
from the Fund is transferred to a for-profit entity or to an unrelated
non-profit entity which stops operating the property as a cultural facility,
the full amount of such grant shall be repaid immediately to the fund. The
agency may take a security interest or such other interest in the eligible
project as may be necessary to secure its potential repayment rights.
(d) Notwithstanding
any general or special law to the contrary, the agency shall enter into a
contract with the Massachusetts
cultural council or another qualified organization to manage some or all of the
grant administration process on behalf of the agency. The agency may
enter into a contract with another qualified organization to manage some or all
of the grant administration process only if the Massachusetts cultural council
fails to adequately perform its duties under a duly executed contract, ceases
to exist, or for just cause. If the agency enters 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 address, but shall not be limited to: proposed
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 the 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. The 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 22. Said chapter 23G is hereby further amended by striking out section 43, as so appearing, and inserting in place thereof the following section:—
Section 43. There shall be a cultural facilities fund advisory committee, the function of which shall be strictly advisory to the agency in connection with the management and operation of the Massachusetts Cultural Facilities Fund. The committee shall consist 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. In appointing members, the governor shall ensure that each of the following geographic regions of the commonwealth is represented: the central area, the greater Boston area, the metro-west area, the northeast area, the southeast area and the western area. All 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. Subsection (d), and subsections (f) to (i), inclusive, and subsection (l) of section 2 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 23. Chapter 23H of the General Laws is hereby amended by adding the following section:-
Section 11. (a) There shall be in the department, but not subject to the jurisdiction thereof, a performance standards and workforce accountability task force, hereinafter called the 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.
(b) The task force shall design and conduct an evaluation and analysis of the present governance and coordination of workforce development agencies and programs in the commonwealth. 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 citizens of the commonwealth 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 supplement the resources available for education and training. The task force shall publish a resource guide of all the workforce education and training resources available in the commonwealth.
(c) The task force shall consist of: the director of the department of workforce development or his designee; 3 members of the senate, 2 of whom shall be appointed by the senate president, 1 of whom shall serve as co-chair, and 1 of whom shall be appointed by the minority leader of the senate; 3 members of the house of representatives, 2 of whom shall be appointed by the speaker of the house of representatives, 1 of whom shall serve as co-chair, and 1 of whom shall 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 employ 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; provided, further, that at least 2 of the aforementioned members appointed by the governor shall represent business and workers’ organizations from rural areas and communities with a population of less than 31,000 residents.
(d) Members of the task force shall serve without compensation. The task force shall annually, on or before December 31, file a report with the clerk of the house of representatives and the clerk of the senate, the house and senate committees on ways and means, the joint committee on labor and workforce development, and the joint committee on economic development and emerging technologies.
(e) 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.
(f) 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.
The Governor disapproved the following section [for message, see House, No. 5101]
The Legislature overrode the Governor's veto
SECTION 24. The General Laws are
hereby amended by inserting after chapter 23H the following chapter:—
CHAPTER 23I. THE MASSACHUSETTS LIFE SCIENCES CENTER.
Section 1. The general court finds and declares that:
(1) research in the life sciences and regenerative medicine presents a significant opportunity of yielding fundamental biological knowledge from which may emanate therapies to relieve, on a large scale, human suffering from disease and injury;
(2) the extraordinary biomedical scientists working within institutions of higher education, research institutes, hospitals, biotechnology companies and pharmaceutical companies can contribute significantly to the welfare of mankind by performing outstanding research in these fields;
(3) promoting the health of residents of the commonwealth is a fundamental purpose of state government;
(4) promoting life sciences research to foster the development of the next generation of health-related innovations, to enhance the competitive position of the commonwealth 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;
(5) 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;
(6) 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 commonwealth millions of dollars each year;
(7) it is imperative for the purposes of the commonwealth’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;
(8) 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;
(9) the life sciences center is intended to: (i) promote the best available research in life sciences disciplines through diverse institutions and to build upon existing strengths in the area of biosciences in order to spread the economic benefits across the commonwealth; and, (ii) foster improved health care outcomes in the commonwealth and the world; and
(10) 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, shall unless the context clearly requires otherwise, have the following meanings:—
“Board”, the board of directors of the Massachusetts Life Sciences Center.
“Bonds”, when used in reference to the Center, any bonds, notes, debentures, interim certificates, or other financial undertakings for the purpose of raising capital, including, but not limited to, lines of credit, forward purchase agreements, investment agreements and other banking or financial arrangements, issued by or entered into by the Center pursuant to section 6.
“Center”, the Massachusetts Life Sciences Center established pursuant to section 3.
“Contribution agreement”, any agreement authorized under this chapter in which a private entity or public entity other than the commonwealth agrees to provide to the Center contributions for the purpose of promoting life sciences research.
“Federal agency”,
the
“Fund”, the Massachusetts Life Sciences Investment Fund.
“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.
“Person”, any natural or corporate person, including bodies politic and corporate, public departments, offices, agencies, authorities and political subdivisions of the commonwealth, corporations, trusts, societies, associations, and partnerships and subordinate instrumentalities of any one or more political subdivisions of the commonwealth.
“Public body”, the commonwealth, and any body politic and corporate of the commonwealth, including any political subdivision or instrumentality thereof, which is empowered to issue bonds secured by a pledge of revenues or other special funds or assets, including any municipality or district for which the issuance of debt is governed or limited by the provisions of chapter 44.
“Revenues”, any receipts, fees, rentals or other payments or income received or to be received on account of obligations to the Center including, without limitation, income on account of the leasing, mortgaging, sale or other disposition of a project or proceeds of a loan made by the Center in connection with any project and also including amounts in reserves or held in other funds or accounts established in connection with the issuance of bonds and the proceeds of any investments thereof, proceeds of foreclosure and any other fees, charges or other income received or receivable by the center other than the industrial mortgage established pursuant to section 4 with respect to a project or the financing thereof.
Section 3. (a) There is hereby created a body politic and corporate to be known as the Massachusetts 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 is hereby placed in the executive office of economic development but shall not be subject to the supervision, or control of said 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 the secretary of administration and finance or his designee; the director of economic development or his designee; the President of the University of Massachusetts or his designee; 2 members who shall be appointed by the governor, 1 of whom shall be a physician licensed to practice medicine in the commonwealth and 1 of whom shall be a chief executive officer of a Massachusetts based life sciences corporation which is a member of the Massachusetts Biotechnology Council. Each member shall serve for a term of five years. Any person appointed to fill a vacancy in the office of a member of the board shall be appointed in a like manner and shall serve for only the unexpired term of such member. Any member shall be eligible for reappointment. Any member may be removed from his appointment by the governor for cause.
(c) Three of the directors shall constitute a quorum and the affirmative vote of a majority of directors present at a duly called meeting where a quorum is present shall be necessary for any action to be taken by the board. Any action required or permitted to be taken at a meeting of the directors may be taken without a meeting if all of the directors consent in writing to such action and such written consents are filed with the records of the minutes of the meetings of the board. Such consents shall be treated for all purposes as a vote at a meeting.
The members of the board shall serve without compensation, but each member shall be entitled to reimbursement for his actual and necessary expenses incurred in the performance of his official duties.
(d) The provisions of chapter 268A shall apply to all ex-officio directors or their designees and employees of the center.