SECTION 201. (a) Notwithstanding the provisions of any general or special law to the contrary, for the purpose of maximizing the value of job training services so as to assist recipients of transitional aid to families with dependent children to obtain stable employment with the wages and benefits necessary to support their families without such transitional aid, and therefore to move such persons permanently from welfare to work the department of transitional assistance shall perform, in expending funds appropriated in item 4401-1000 of section 2, a basic assessment of each new adult recipient of such transitional aid during the application process, and of each current adult recipient of such aid on or before October 31, 1997, to determine literacy, educational level, work experience and other factors relevant to education and training necessary to obtain a high school diploma or graduate equivalency degree or, where the recipient has such a diploma or degree, to obtain the education and skill level that will enable the recipient to obtain stable employment with the wages and benefits necessary to support the recipient's family after termination of such aid. With respect to recipients lacking a high school diploma or graduate equivalency degree, the department shall encourage the recipient to enroll in an appropriate program to enable the recipient to obtain a high school diploma or graduate equivalency degree and, if the recipient elects, shall assist the recipient in assessing an appropriate literacy, adult basic education, graduate equivalency degree or other equivalent program, a program for learning disabled adults or, where the recipient has the prerequisite basic skill level needed for the particular program, a substantive skills program.
(b) Said department, with the assistance of the MassJobs Council, the deputy director of workforce development, and the corporation for workforce training and development, shall use information currently available to said department, said council and said corporation, information available from the department of education, and information from the assessments of adult recipients as it becomes available to determine, subject to meaningful performance standards for job placement and retention, the number of placement slots needed for English as a second language, literacy, adult basic education, graduate equivalency degree and other equivalent programs, programs for learning disabled adults and substantive skills training. The department shall report such number of slots to the joint committee on human services and elderly affairs and the house and senate committees on ways and means on December 1 and April 1 of the fiscal year. Where the number of program slots needed cannot be fully met from sources other than funds in said item 4401-1000 said department shall allocate the funds appropriated in said item 4401-1000 based upon the assessments of the numbers of recipients who, in order to obtain a high school diploma or graduate equivalency degree, would need programs providing English as a second language, literacy, adult basic education, graduate equivalency degree and other equivalent programs, or programs for learning disabled adults, and the number of recipients with a high school diploma or graduate equivalency degree who need remedial education to obtain reading and math skills at a high school graduate level or other education or substantive skills training to enable them to obtain stable employment with wages and benefits necessary to support their families after transitional aid benefits are terminated.
(c) Said department shall not use the funds appropriated in said item 4401-1000 for labor exchange programs that focus on non-substantive job skills, such as resume writing, interviewing, and job search strategies unless and until sufficient slots are otherwise available for all adult recipients assessed, pursuant to paragraph (a), to be in need of and who are prepared to attend English as a second language, literacy, adult basic education, graduate equivalency degree or other equivalent programs, programs for learning disabled adults, substantive skills training, or remedial education.
(d) On or before October 31, 1997, the commissioner of said department, in consultation with and with the assistance of the secretary of the executive office of health and human services, the MassJobs Council, the deputy director of workforce development, the division of employment and training, the department of education, the corporation for workforce training and development, the regional employment boards and the service delivery areas, shall submit to the joint committees on human services and elderly affairs, the joint committee on commerce and labor and the house and senate committees on ways and means a report which shall: (1) analyze and provide documentation of the existing programs, costs, benefits and problems associated with the existing systems for the delivery of labor exchange services and substantive skills training services, including adult basic education, to recipients of transitional aid to families with dependent children, including an analysis of the effectiveness of the pre-employment and re-employment program and the skills plus program, so-called, an analysis of the effectiveness and systems for coordinating adult basic education services, an analysis of the effectiveness of the job training programs operated pursuant to appropriations to said department including, but not limited to, an analysis of the number of recipients since December 1, 1996 who have received job training services, an analysis of the kinds of job training services they have received, including whether such services involve on-the-job training or apprenticeships, an analysis of the length of the job training programs in which such recipients participated, the cost of such job training programs and identification of the vendors by whom such job training services were provided, an analysis of the number of job placements that occurred, with and without the assistance of one-stop career centers, prior to receipt of any job training services, the number and percentage of such placements which are in full-time and part-time jobs, the number and percentage of such placements which are in jobs in which health insurance and other employee benefits are provided, and the wage rates associated with such placements, an analysis of the number of job placements that occurred, with and without the assistance of one- stop career centers, after receipt of job training services, the number and percentage of such placements which are in full-time and part-time jobs, the number and percentage of such placements which are in jobs in which health insurance and other employee benefits are provided, and the wage rates associated with such placements; (2) review and set forth conclusions and recommendations concerning, methods for maximizing all federal funding available to recipients for job training, adult education, and grants and loans for adult learners at institutions of higher education so as to augment state appropriations to meet the needs of adult recipients; (3) subject to meaningful performance standards for job placement and retention, review and present conclusions and recommendations concerning, all other substantive skills training, adult education and other education programs within the commonwealth that may be used to supplement the programs funded in said item and additional steps that can be taken more effectively to coordinate access to such programs for adult recipients; and (4) be accompanied by recommendations of methods for assisting recipients to obtain stable employment with the wages and benefits necessary to support the recipients' families through more effectively providing meaningful job training services to recipients who currently are subject to the work requirement and the two-year time limit, to recipients who are not currently subject to the work requirement but are subject to the two-year time limit, and to any other recipients, including but not limited to making such services available at hours that do not conflict with hours recipients are working, suggestions for methods for more effectively coordinating child care and job training services, and methods for continuing to inform former recipients of available job training and educational opportunities, and assisting them in accessing such services, after they have reached the two-year time limit.
SECTION 202. The Massachusetts Bay Transportation Authority is hereby authorized to broadcast public service announcements on the linear electronic displays, so-called, for cities and towns which host MBTA stations.
SECTION 203. Notwithstanding any general or special law to the contrary, the department of environmental management and the division of fisheries and wildlife are hereby required to keep the dam at Flint Pond in the town of Tyngsborough intact to prevent drainage of the existing pond.
SECTION 204. The Massachusetts Port Authority and the Massachusetts Bay Transportation Authority are hereby authorized and directed to undertake a one-year pilot program to provide flight information at South Station and at the Park Street station, so-called, the State Street station, so-called, and the Government Center station, so-called, for flights arriving at and departing from the General Edward Lawrence Logan International Airport. Said port authority shall be responsible for the cost of said pilot program which shall not exceed $250,000.
SECTION 205. The department of environmental protection is hereby authorized and directed to promulgate regulations on or before January 1, 1998 for a program of greywater recycling by residents of existing residential homes for use in growing-season irrigation. For the purposes of this section, "greywater" shall mean residential wastewater, other than toilet water. The department shall promulgate such regulations to facilitate the use of greywater and to protect the public health and the environment.
SECTION 206. There shall be within the University of Massachusetts a University of Massachusetts Extension Board of Public Overseers, with the purpose of advising and assisting the chancellor of the University of Massachusetts at Amherst, in the mission, budget, operation and management of University of Massachusetts Extension programs. Nothing in this section shall directly affect the employment status of personnel.
The board shall consist of a designee of the president of the University; a designee of the chancellor of the University of Massachusetts at Amherst; the commissioner of the department of food and agriculture or his designee; and the following members to be appointed by the governor: four members of the Massachusetts Farm Bureau Federation, Inc. chosen from a list of twelve members submitted by said federation; one member of the Massachusetts 4-H Foundation, Inc., chosen from a list of three members submitted by said organization; one member of the State 4-H advisory committee, chosen from a list of three members submitted by said committee; one member of the Massachusetts Forestry Association, chosen from a list of three members submitted by said association; one member of the Massachusetts Audubon Society, chosen from a list of three members submitted by said society; two members of the Massachusetts Arborists Association, chosen from a list of five members submitted by said association; and one member of the Massachusetts Nurtrition Board, chosen from a list of three members submitted by said board. The chancellor of the University of Massachusetts at Amherst shall appoint the chair from among the membership of the board. Members of the board shall serve without pay, but shall be reimbursed, subject to appropriation, out of any funds available for the purpose, for necessary expenses incurred in the performance of their official duties.
The appointed members of the board shall serve for terms of five years, except for persons appointed to fill vacancies, who shall serve for the unexpired term. The board shall hold an annual meeting in January and at least three other times during the year. The University of Massachusetts Extension director shall attend all meetings of the board and shall serve as Secretary thereto, but shall have no vote in its deliberation. Eight members of the board shall constitute a quorum. The board may, by vote of its members then in office, adopt a policy for the conduct of business including constitution of board membership. Policies may be amended or repealed by a two-thirds vote of its members.
The director shall prepare an annual budget for board consideration. Said budget shall be adopted by the board and approved by the chancellor of the University of Massachusetts Amherst. The director shall render a complete detailed report annually of activities, outcomes, revenue, and expenditures to the board.
The University on behalf of the board may receive, manage, and disburse grants and donations from government agencies, other colleges and universities, corporations, foundations, associations and individuals for the purpose of funding University of Massachusetts Extension and agricultural research programs. Further, the University on behalf of the board shall be authorized to establish and administer trust funds to support said programs.
SECTION 207. The sum of $166,000 shall be appropriated for the Springfield University of Massachusetts Minority Achievement program at the University of Massachusetts at Amherst in conjunction with the Springfield Public School System.
SECTION 208. Notwithstanding any general or special law to the contrary, neither the department of mental health nor the department of mental retardation shall take any action to reduce the client populations at any institutional facilities currently managed or operated by said departments, including state schools, developmental centers for the mentally retarded and community health centers, as a means of initiating closure of said facilities, and neither of said departments shall take any other steps to close any of said facilities, until: (1) the five-year plans required by section 561 of chapter 151 of the acts of 1996 are completed and submitted and a review of any such proposed closing has been completed by the secretary of administration and finance; (2) said departments have conducted a public hearing of which the house and senate committees on ways and means shall be given advance notice; and (3) the legislature has been given at least six months' advance notice of such closure; provided, however, that nothing herein shall be construed to prevent the transfer of any client from a state facility to a facility staffed by state employees or to a community placement when the transfer is both clinically warranted as determined by the client's individual service plan or its equivalent and approved by the client or his guardian, nor prevent the transfer of any state employee at such facility; provided further, that each of the departments shall, prior to August 1, 1997, notify in writing each client currently residing at such facilities or his guardian that these facilities shall remain open pending further notice to the contrary and that the client's option of remaining at such a facility or a comparable facility shall be considered in the development of and at the next meeting in regard to the client's individual service plan or its equivalent; and provided further, that nothing in this section shall be construed as a waiver of the requirements of section 3 of chapter 123B of the General Laws.
SECTION 209. (a) Notwithstanding the provisions of any general or special law to the contrary, a person who is not a citizen of the United States but who is a qualified alien within the meaning of section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. section 1641, or is otherwise permanently residing in the United States under color of law, and who applies on or after July 1, 1997 for benefits under chapter 117A of the General Laws, shall be eligible for such benefits only if he: (1) is not eligible for, and has not unreasonably failed to apply for, federal supplemental security income benefits, federally funded transitional assistance to needy families benefits pursuant to subtitle A of Title IV of the federal Social Security Act, unemployment compensation pursuant to chapter 151A of the General Laws, or veterans' services benefits pursuant to chapter 115 of the General Laws; (2) is engaged in efforts to become a citizen of the United States, to the extent he is physically and mentally capable of doing so and if he is eligible to become a citizen within the next three years; and (3) to the extent he is covered by an immigrant sponsor support agreement pursuant to section 231A(a) of the federal Immigration and Nationality Act, 8 U.S.C. section 1183a(a), inserted by section 423 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, takes all reasonable steps to cooperate with the department of revenue and the department of transitional assistance in such agencies' reasonable efforts to enforce any such agreement applicable to the recipient.
(b) Notwithstanding the provisions of subsection (a), persons who receive in fiscal year 1998 a final notice of termination of federal supplemental security benefits because of the provisions of sections 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. section 1611, 1612 or 1613, shall receive benefits pursuant to said chapter 117A only pursuant to the provisions of items 4408-2002 and 4408-2003 of section 2 of this act.
(c) The department of transitional assistance shall, on or before July 15, 1997, promulgate regulations implementing this section, including good cause exceptions to clauses (1) to (3), inclusive, of subsection (a), which shall take into account the emergency needs of bona fide residents of the commonwealth and the requirements of section 412(b) of the Personal Responsibility and Work Opportunity Reconciliation Act, 8 U.S.C. section 1622(b).
(d) Notwithstanding the foregoing, the provisions of this section shall be suspended effective on the effective date of any amendments to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which allow all qualified aliens and all persons permanently residing in the United States under color of law to be eligible for federal supplemental security income.
SECTION 210. (a) Notwithstanding the provisions of any general or special law to the contrary, on or after July 1, 1997, a person who is not a citizen of the United States, and for whom, pursuant to sections 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. section 1611, 1612 or 1613, federal funds may not be used to provide benefits pursuant to chapter 118 of the General Laws, as modified by section 110 of chapter 5 of the acts of 1995, shall not be eligible for benefits pursuant to said chapter 118.
(b) A person who is not a citizen of the United States, and for whom, pursuant to section 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. section 1611, 1612 or 1613, federal funds may not be used to provide benefits pursuant to said chapter 118, but who is a qualified alien within the meaning of section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. section 1641, or is otherwise permanently residing in the United States under color of law, shall be eligible for a separate program of assistance which shall be known as the program of Supplemental Transitional Aid to Families with Dependent Children; provided, however, that such separate program shall exist only so long as the commonwealth's expenditures for said program count toward maintenance of historic expenditures, so-called, pursuant to section 409(a)(7) of the Social Security Act, 42 U.S.C. section 609(a)(7). Such program shall, subject to appropriation, provide to such persons who meet the eligibility standards applicable to the program established pursuant to said chapter 118, except the requirement related to citizenship and availability of federal funding, the same level of benefits as he would be eligible to receive pursuant to said chapter 118 but for his non-citizen status. The number of assistance units receiving such benefits at any one time shall not exceed the number of assistance units comprised of qualified aliens or persons permanently residing in the United States under color of law which were receiving benefits pursuant to said chapter 118 on June 1, 1997, but for which federal funds could not be used to provide such benefits, pursuant to section 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. section 1611, 1612 or 1613, plus 640. To the maximum extent deemed feasible by the department, persons qualified for the program established by this subsection who were receiving benefits pursuant to said chapter 118 on June 30, 1997 but who are rendered ineligible for such benefits pursuant to subsection (a) shall be automatically transferred to the program provided by this subsection without being required to reapply for such benefits.
(c) A person who was not receiving benefits pursuant to said chapter 118 on June 30, 1997 and applies for benefits pursuant to subsection (b) on or after July 1, 1997 shall be eligible to receive such benefits only if he: (1) is engaged in efforts to become a citizen of the United States, to the extent he is physically and mentally capable of doing so and if he is eligible to become a citizen within the next three years; (2) to the extent he is covered by an immigrant sponsor support agreement pursuant to section 213A(a) of the federal Immigration and Nationality Act, 8 U.S.C. section 1183a(a), inserted by section 423 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, takes all reasonable steps to cooperate with the department of revenue and the department of transitional assistance in such agencies' reasonable efforts to enforce any such agreement applicable to the recipient; and (3) has resided in the commonwealth for at least six months prior to his application for such benefits.
(d) The department of transitional assistance, on or before July 15, 1997, shall promulgate regulations implementing this section, which shall include good cause exceptions to clauses (1) and (2) of subsection (c), which shall take into account the emergency needs of bona fide residents of the commonwealth and the requirements of section 412(b) of the Personal Responsibility and Work Opportunity Reconciliation Act, 8 U.S.C. section 1622(b). On or before July 1, 1997, the department shall also notify the house and senate committees on ways and means of the department's calculation of the maximum number of assistance units that may at any one time receive benefits pursuant to the program provided in subsection (b).
(e) Notwithstanding the provisions of this section, eligibility for or receipt of benefits under this section shall qualify as eligibility for or receipt of transitional aid to families with dependent children pursuant to chapter 118 to the extent that eligibility for or receipt of such benefits is a condition of eligibility for or receipt of other benefits, including but not limited to child care services and the employment services program; provided, however, that the provisions of this subsection shall be effective only to the extent that they do not result in the reduction of otherwise available federal funding.
SECTION 211. (a) Notwithstanding the provisions of any general or special law to the contrary, eligibility for benefits pursuant to chapter 118E of the General Laws shall be determined according to the eligibility requirements applicable under the state plan for medical assistance, pursuant to 42 U.S.C. sections 1396a to 1396v, inclusive, as in effect on July 16, 1996, and the provisions of section 1931(b) of the Social Security Act, 42 U.S.C. section 1396u-1, as appearing in section 114 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, including any such requirements with respect to immigration status that were in effect on July 16, 1996, subject only to the provisions of chapter 203 of the acts of 1996, subsequent legislative amendments, and such other modifications as may be promulgated in regulations by the division of medical assistance pursuant to the provisions of said sections 1396a through 1396v, inclusive, as amended, but without regard to the provisions of section 1931(b)(3) of the Social Security Act, the availability of federal funding for such benefits, or the provisions of sections 401, 402 and 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. sections 1611, 1612 and 1613.
(b) Notwithstanding the provisions of subsection (a), a person who is not a citizen of the United States, but who either is a qualified alien within the meaning of section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. section 1641, or is otherwise permanently residing in the United States under color of law, and who is not residing in a nursing facility, as defined by 42 U.S.C. section 1396r, as of June 30, 1997, shall be eligible for long-term care services pursuant to said chapter 118E only if (1) he was receiving services pursuant to said chapter 118E on or before June 30, 1997; (2) his application for long-term care services was pending on July 1, 1997 or (3) federal funds are available for the cost of providing such services.
SECTION 212. Notwithstanding the provisions of any general or special law to the contrary, to the maximum extent allowed by federal law, the commonwealth, including any department, board, commission, division or authority, or subdivision thereof may, subject to appropriation, provide state or local public benefits within the meaning of section 411(c) of the federal Personal Responsibility and Work Opportunity Act to any person, whether or not such person is a citizen or is a qualified alien within the meaning of section 431 of said act, 8 U.S.C. section 1641, but only to the extent that such person otherwise satisfies the applicable criteria for such benefits.
SECTION 213. (a) Notwithstanding the provisions of any general or special law to the contrary, effective July 1, 1996, there is hereby established a temporary citizenship assistance program, the purpose of which shall be to assist in becoming citizens of the United States those persons who have been determined ineligible for federally funded benefits because of their status as non-citizens pursuant to section 401, 402 or 403 of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. sections 1611, 1612 or 1613. Said program shall be designed and administered by the office for refugees and immigrants; provided, however, that said program: (1) shall be in existence for a period of no more than three years; (2) shall provide assistance to persons who are eligible to become citizens of the United States within three years; (3) shall afford assistance to persons who have been determined ineligible for federally funded benefits solely because of their status as non- citizens and are currently receiving state-funded benefits which could be replaced in whole or in part by federally funded benefits if such persons became citizens of the United States; (4) may be funded not only through state appropriations but also through matching financial or in-kind contributions by private organizations or local government agencies; and (5) shall not be an entitlement program and shall be subject to state appropriation. Nothing in this section shall be construed to prevent the office for refugees and immigrants from providing citizenship assistance with federal or other funds not appropriated from the General Fund to persons not qualifying for the program established pursuant to this section; provided, however, that the provision of such assistance shall not interfere with the delivery of assistance to such qualifying persons.
(b) On or before October 1, 1997 and April 1, 1998, the office of refugees and immigrants shall file with the joint committee on human services and elderly affairs and the house and senate committees on ways and means a report describing the program in detail and documenting the number of persons assisted and the kinds of services received.
SECTION 214. Notwithstanding the provisions of any general or special law to the contrary, effective July 1, 1997, the department of transitional assistance shall document, based on information provided by the applicants to be verified as the department reasonably deems necessary, the number and percentage of new applicants for benefits pursuant to 209 and 210 and chapters 117A and 118 of the General Laws who have moved into the commonwealth from another state within the six months preceding their applications. The department shall also document the number of cases closed due to a recipient moving out of state or otherwise no longer receiving such benefits. The department shall report this data to the house and senate committees on ways and means on a monthly basis commencing not later than August 15, 1997.
SECTION 215. Notwithstanding the provisions of any general or special law to the contrary, any person applying on or after July 1, 1997 for benefits pursuant to chapter 117A of the General Laws, chapter 118 of the General Laws, as modified by section 110 of chapter 5 of the acts of 1995, or section 209 or 210, shall, as a condition of establishing residency in the commonwealth and eligibility for such benefits: (1) live in the commonwealth for at least 60 consecutive days prior to receiving such benefits; and (2) not have moved into the commonwealth for the purpose of obtaining such benefits. On or before July 15, 1997, the department of transitional assistance shall promulgate emergency regulations implementing this section, which shall include reasonable good cause exceptions to clause (1) to address the emergency needs of bona fide residents of the commonwealth.
SECTION 216. Notwithstanding the provisions of any general or special law to the contrary, the metropolitan district commission shall not rent ice time to private colleges or universities until all requests of local youth hockey groups and local high schools have been honored as requested and public skating hours have been scheduled to include a minimum of two hours each on Friday and Saturday evenings and two hours on Sunday afternoons.
SECTION 217. Notwithstanding the provisions of any general or special law to the contrary, the metropolitan district commission is hereby authorized and directed to develop a plan to complete repairs to the metropolitan district commission skating rinks, provided, however, that said plan shall focus on repairing existing rinks. Said plan shall include, but not be limited to, determining alternative funding sources.
SECTION 218. Notwithstanding the provisions of any general or special law to the contrary, each city or town shall establish a wetlands protection fund for the deposit of all fees paid to the city or town under section 40 of chapter 131 of the General Laws. The fund shall be expended by the conservation commission without further appropriation for the purpose of defraying the costs of administering and enforcing said section 40 of said chapter 131, but only with the written approval of the mayor in cities, or city manager in plan E cities, or the selectmen in towns, or the town manager in towns which have adopted the town manager form of government.
SECTION 219. Notwithstanding the provisions of any general or special law to the contrary, items 4400-1000, 4400-1100, 4400-8888, 4400-9999, 4401- 1000, 4403-2000, 4403-2110 and 4403-2120 in section 2 shall be charged to the Transitional Aid to Needy Families Fund established by this act, according to the approximate percentage established in the fund split, so-called, for each such item. Said approximate percentage so applied to each such item may range not more than 5 percentage points above or below said approximation for the purposes of achieving maintenance of historic expenditures, so-called, minimizing federal interference with the provisions of state law, and maximizing the effective use of federal funds consistent with the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, so-called, and chapter 5 of the acts of 1995. Said percentage so applied shall be based upon certification to the comptroller by the department of transitional assistance that said percentage reflects the appropriate distribution of actual expenditures necessary to achieve said purposes. Said percentage so charged shall be subject to the approval of the secretary of administration and finance. Expenditures not charged to said Transitional Aid to Needy Families Fund shall be charged by the comptroller to the General Fund for each such item. The department shall report quarterly to the house and senate committees on ways and means on the expenditures charged to each such fund and the reasons therefore, including, but not limited to, eligibility requirements established by said federal act and said chapter 5 and the relationship between the caseload distribution and costs. Said reports shall be filed not less than 30 days following the close of each state fiscal quarter.
SECTION 220. Notwithstanding the provisions of any general or special law to the contrary, if an amount earmarked within any item of section 2 is insufficient to accommodate the full value of the rate increase provided under item 1599-6895 of section 2 of chapter 151 of the acts of 1996, said earmark may be increased to accommodate said rate increase, subject to the approval of the secretary of administration and finance. In no case, however, shall the amount of any earmark in section two of this act be decreased. The secretary of administration and finance shall report to the house and senate committees on ways and means on all such increases not more than 30 days after such increases have been approved.
SECTION 221. Notwithstanding the provisions of section 19 of chapter 18B of the General Laws or any other general or special law to the contrary, the department of social services may use funds in the Expendable Trust D.C.G. Wards-Payments Trust Fund pursuant to the provisions of section 18 of chapter 18B of the General Laws and interest paid on said account on or after July 1, 1993, for the purpose of funding scholarships to be awarded to foster children who are or have been in the care of the department of social services and who are or will be pursuing a degree at an accredited institution of higher education.
SECTION 222. Notwithstanding the provisions of any general or special law to the contrary, funds in the Commonwealth Sewer Rate Relief Fund, established by section 2Z of chapter 29 of the General Laws, shall be available to mitigate sewer rate increases due to debt service obligations created by issuing eligible indebtedness. For the purposes of this section, eligible indebtedness shall be defined as debt issued on or after January 1, 1990, which has a final date of maturity greater than five years after the date of issuance and which is incurred, wholly or in substantial part, to finance or refinance the costs of planning, design, or construction of any water pollution abatement project, or part thereof, required to be constructed to meet the provisions of the Federal Water Pollution Control Act, 33 U.S.C. section 1251 et seq., and sections 26 to 53, inclusive, of chapter 21 of the General Laws, or any wastewater collection or transportation project related thereto; provided, however, that eligible indebtedness shall not include any indebtedness for which the issuer has received assistance provided from state grants; provided further, that notwithstanding any provisions of this section to the contrary, eligible indebtedness shall include indebtedness incurred to finance the metrowest water supply tunnel, so-called; provided further, that eligible indebtedness shall include indebtedness incurred pursuant to loan agreements under the provisions of chapter 275 of the acts of 1989 which exceeded $50,000,000 by June 30, 1995 and the debt service attributable thereto for any year for purposes of this section shall be the net obligation borne by the issuer after application of any credits, subsidies, or assistance, however characterized, provided under the provisions of the aforementioned laws; provided, further, that no issuer, which shall be defined as any city, town, district, commission, agency, authority, board or other instrumentality of the commonwealth or any of its political subdivisions, which is responsible for the ownership or operation of wastewater treatment projects, and is authorized to finance all or any part of the cost thereof through the issuance of eligible indebtedness, shall receive relief authorized herein in excess of 20 per cent of its annual debt service obligations due to eligible indebtedness. The division of local services of the department of revenue, in consultation with the department of environmental protection, shall develop guidelines to certify an issuer's eligible indebtedness and shall create a process to equitably distribute funds to eligible issuers, in order to mitigate extraordinary increases in sewer costs; and provided further, that funds disbursed in fiscal year 1998 shall be disbursed on or before March 31, 1998. The board, office or commission responsible for setting sewer charges in every city, town, district, or commission that either receives aid itself or is a member of a regional entity that receives aid pursuant to the provisions of this section shall certify to said division of local services that is has reduced sewer charges to reflect its share of any such aid.
SECTION 223. Notwithstanding the provisions of any general or special law to the contrary, the secretary of the executive office of health and human services and the disabled persons protection commission shall jointly establish uniform procedures for all noncriminal investigations conducted under chapter 19C of the General Laws and shall require that each state agency that investigates a report of abuse pursuant to said chapter 19C shall adopt and follow such procedures in conducting its investigations; provided further, that the disabled persons protection commission, together with the secretary of the executive office of health and human services and the secretary of the executive office of administration and finance, are hereby directed to study the current procedures established by the commission for carrying out the purposes of said chapter 19C and shall make findings and recommendations regarding the sufficiency of such procedures to enable the commission to fulfill its duties under said chapter 19C, including any recommendations for the establishment of an appellate process and standard of review of commission findings, which findings and recommendations, together with any proposed legislation, shall be submitted to the house and senate committees on ways and means not later than December 1, 1997.
SECTION 224. (a) Notwithstanding the provisions of any general or special law to the contrary, there is hereby established the Massachusetts performance enhancement program, which shall provide the opportunity for designated agencies to improve their management systems and enhance their performance by streamlining services, reducing paperwork, analyzing and reviewing their policies and procedures including, but not limited to, fiscal management, human resources, procurement, customer services, technology and facilities operation and maintenance.
(b) Said program shall be implemented by a commission, which shall be jointly chaired by the secretary of administration and finance and the comptroller. There shall be seven additional members of the commission who shall be appointed by the governor. Said members shall include a representative from business and industry, to be selected from three nominees provided by the Massachusetts business roundtable; a representative from organized labor, to be selected from three nominees provided by the Massachusetts State Labor Council, AFL-CIO; the chairperson of the Massachusetts Taxpayers Foundation or his designee; a faculty member from a graduate school of public administration or public management at an institution of higher education located in the commonwealth; and three other members appointed by the governor, after consultation with the secretary of administration and finance and the comptroller. The department of mental retardation and the department of environmental management shall serve as what are hereinafter collectively referred to as the designated agencies.
(c) In evaluating each designated agency, the commission shall work with a team of no fewer than six and no more than ten employees from said agency, which shall include an equal number of management employees and nonsupervisory, nonmanagement employees. The management employee members of each designated agency team shall be selected by the administrative head of the designated agency on or before September 1, 1997. The nonsupervisory, nonmanagement employee members shall be selected either by a vote of the nonsupervisory, nonmanagement employees in the designated agency on or before August 31, 1997 or, if no such selection is made by said date, then by the joint chairpersons of the commission on September 1, 1997. Three members of the commission shall serve on each relevant designated agency team. Each team shall evaluate each designated agency with respect to effectiveness of management policies and practices used by the agency, the efficiency with which said agency operates the programs and provides services under its jurisdiction and fulfills the duties assigned to it by law, and the level of satisfaction of the customers or clients of said agency in order to identify specific projects that will improve said designated agency's performance. Said agency teams may hire a consultant to help them achieve their goals and objectives. Each designated agency shall also provide necessary assistance to its agency team and the commission for the performance of said duties.
(d) Each designated agency team shall submit to the commission for approval a preliminary work plan that includes a spending plan, program design, and specific project proposals on or before October 1, 1997. No funds appropriated for use by said commission shall be allocated to the designated agency teams until such time as said work plan has been submitted and approved by said commission.
(e) The commission, in consultation with the designated agency team, shall, on or before January 1, 1998, submit to the house and senate committees on ways and means and the joint committee on state administration an interim report and tentative recommendations, and shall, on or before June 30, 1998, submit to said committees a final report concerning each designated agency. The interim and final reports shall analyze, provide recommendations and implementation plans concerning methods for maximizing or improving management policies and practices, customer or client service and efficiency, and generating cost savings. Said reports shall also demonstrate the results of any ongoing or completed projects undertaken by said teams or the full commission. Any cost savings realized by an agency through implementation of said performance enhancement program shall be placed in a retained revenue account held by said agency for one-time expenditures.
SECTION 225. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of the division of capital planning and operations is hereby authorized to enter into an emergency lease agreement with the town of Belchertown for the lease of three buildings situated on Parcel A of state land located in the town of Belchertown; provided, however, that the term of said lease shall expire on June 30, 1998 or the end of the 1997-1998 public school year, whichever is later, in order to provide for the direct public use of said buildings on Parcel A by said town for public school classrooms and other services. The terms of said lease shall be the same as those in the lease in effect as of June 15, 1996.
SECTION 226. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Economic Development Fund. Monies from said fund shall be expended, subject to appropriation, to promote employee and worker training, education and the general economic development of the commonwealth.
SECTION 227. The director of housing and community development and the director of economic development are hereby authorized to carry out an interagency agreement for the expenditure of $750,000 of previously transferred funds from the Oil Overcharge Trust Fund, so-called, for the one and two person program, so-called, for elders and families whose income is in excess of 150 per cent of the federal poverty level, but not more than 175 per cent of said level, and for a program of supplemental energy assistance for low-income elders and families to be administered in accordance with the Low Income Home Energy Assistance Act of 1981, as amended; provided, that said amount may be expended from said fund for the fiscal year ending June 30, 1998 without further appropriation; provided further, that unexpended funds from an interagency agreement between the director of housing and community development and the director of economic development for the fiscal year ending June 30, 1997 are carried forward at and retained by the division of housing and community development for said programs for low-income elders and families; provided further, that notwithstanding the provisions of any general or special law to the contrary, funds expended for said one and two person program and for said program of supplemental energy assistance for low-income elders and families shall not be subject to federal reimbursement; and provided further, that funds provided through interagency agreements authorized herein for supplemental energy assistance for low-income elders and families do not constitute an ongoing obligation of the commonwealth.
SECTION 228. Notwithstanding the provisions of any general or special law to the contrary, any amounts, including principal, interest and penalties due to the Medical Security Trust Fund, established in section 20 of chapter 118G of the General Laws, and owing as of the effective date of this act from any regional school district or educational collaborative pursuant to section 14G of chapter 151A of the General Laws, are hereby extinguished and the payment thereof excused. Nothing in this section shall be construed to provide the basis for the refund of payments made by any regional school district or educational collaborative to said fund prior to the effective date of this section.
SECTION 229. There shall be continued a North Quabbin Domestic Violence Prevention Program to provide counseling advocacy, legal advocacy, community education and a hotline in the Athol area. The program shall be funded through the department of public health, the department of education and the department of social services. The program shall develop a community based approach to facilitate the use of direct services and effective community education and prevention work.
SECTION 230. Notwithstanding the provisions of any general or special law to the contrary, for fiscal year 1997, funds transferred pursuant to subsection (b) of section 5C of chapter 29 of the General Laws to an account established pursuant to said subsection (b), may be expended without further appropriation; provided, that said funds shall be expended for projects otherwise authorized pursuant to section 49 of said chapter 29.
SECTION 231. Upon the effective date of this act, any revenue derived from the sale of veterans' license plates shall be divided as appropriated pursuant to section 2 between the Soldiers' Home in Massachusetts and the Soldiers' Home in Holyoke for their maintenance and operation costs; provided, that any revenues received by the registry from the sale of said plates in the final quarter of the fiscal year shall be credited upon receipt to the operations of said homes and may be expended in the current fiscal year or in the subsequent fiscal year.
SECTION 232. There is hereby established in the office of the chief justice for administration and management of the trial court a pilot indigency verification unit. Said unit shall evaluate and verify the assets, income and expenses of persons requesting appointment of counsel pursuant to section 2 of chapter 211D of the General Laws and make recommendations to the court relative to the appointment of counsel for such persons. Said unit shall obtain access to records of the department of transitional assistance, the department of revenue, the department of correction and all other state agencies which may possess information relevant to the unit's evaluation and verification of said assets, income and expenses. Said departments and all other state agencies shall comply with any requests for records made by said unit. Said unit may contract with providers of asset and credit records and other relevant information for the provision of such information to the unit. Said unit shall operate in three courts of the commonwealth as determined by the chief justice. Said chief justice shall prepare and submit to the house and senate committees on ways and means a report on or before May 1, 1998. Said report shall evaluate the operations of the unit and make recommendations concerning the potential for statewide expansion of the unit.
SECTION 233. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the division of health care finance and policy, in reviewing rates of reimbursement upon the petition of nursing facilities located on the island of Nantucket, the town of Provincetown or owned by the Martha's Vineyard Hospital Foundation, shall take into consideration the extra variable and fixed costs that said division may determine to reasonably result from operating a geographically isolated nursing facility located on the islands of Martha's Vineyard and Nantucket, or in the town of Provincetown; provided, that the commission shall not consider any adjustments to said rates that are not federally reimbursable; and provided further, that for the Martha's Vineyard Hospital Foundation said review shall consider promulgating adjustment to said rates for the period of time that the foundation owns a facility located on the island of Martha's Vineyard in the county of Dukes county and also administers a federally designated sole community provider hospital. The division of medical assistance, pursuant to the second paragraph of section 12 of chapter 118E of the General Laws, is hereby authorized to enter into a contract with said nursing facilities to implement the adjustment to rates, if any, provided for by this section.
SECTION 234. Notwithstanding the provision of any general or special law to the contrary, the division of employment and training, the corporation for workforce training and development and any other agency acting for the commonwealth as recipient under the Job Training Partnership Act is hereby authorized to seek from the United States Secretary of Labor a waiver under section 164(e) of said act of any asserted monetary obligation, determined or to be determined, of the city of Lynn. In seeking said waiver, the agency acting for the commonwealth shall cooperate and coordinate its efforts with the city of Lynn.
SECTION 235. Notwithstanding any general or special law to the contrary, the Group Insurance Commission is directed to provide all reports, studies, recommendations and contractual changes for fiscal year 1999, commencing July 1, 1998, relative to all deductibles, copayments and benefits as defined in chapter 32A of the General Laws, to the house and senate committees on ways and means and the joint committee on public service on or before March 1, 1998. Said commission is hereby authorized and directed to conduct a properly posted public hearing relative to, but not limited to, said recommendations, studies and reports, within 30 days, but not sooner than five days, of the issuance of said information to the general court.
SECTION 236. For hospital fiscal year 1998, the private sector liability of purchasers and third party payers to the Uncompensated Care Trust Fund established pursuant to section 18 of chapter 118G of the General Laws shall be the lesser of the sum of all the products of each hospital's allowable free care charges and such hospital's cost to charge ratio, calculated by the division of health care finance and policy pursuant to said section 18 of said chapter 118G, or $315,000,000. For state fiscal year 1998, notwithstanding any general or special law to the contrary, $30,000,000 generated by federal financial participation made available under Title XIX of the Social Security Act to reimburse the costs of said trust fund for disproportionate share hospitals shall be deposited into said trust fund.
SECTION 237. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer as of June 30, 1997, into the Collective Bargaining Reserve Fund, established by section 82 of chapter 120 of the acts on 1995, the sum of $50,000,000 from the General Fund.
SECTION 238. Notwithstanding the provisions of any general or special law to the contrary, except for sections 52 to 55, inclusive, of chapter 7 of the General Laws, the secretary of administration and finance is hereby authorized and directed in fiscal year 1998 to identify and pursue projects to optimize non-tax revenue management and collections by the commonwealth. The secretary or his designee is further authorized to enter into contracts with private vendors and to enter into interagency service agreements with departments to identify and pursue said projects. Private vendors shall be compensated from non-tax revenues collected by such projects in excess of the non-tax revenues established by said contracts as the minimum to be collected by each such project. For the purposes of this section, such payments to vendors for services performed shall be known as "vendor participation payments" and non-tax revenue collected pursuant to this section, after deduction of vendor participation payments, shall be known as "net additional revenue." For the purpose of this section the terms "departments" or "participating departments" shall mean any department, agency, board, commission, office or institution under the executive control of the governor or other constitutional officers and determined by the secretary to be participating in the revenue optimization projects authorized by this section.
A vendor shall only be compensated if (1) the revenue achieved for each specific revenue source is new revenue; provided, that new revenue shall be defined as revenue in addition to revenue collected during the base period for each revenue source, and (2) in the event of revenue sources which are caseload driven federal reimbursements, so-called, the ratio of that revenue source to the reimbursable expenditure has exceeded the highest said ratio during the base period.
A department shall only receive incentive payments pursuant to this section and item 1599-0033 of section 2 if the collection of a fee or any other non-tax revenue during the base period is greater than the highest amount of revenue collected from said fee or other non-tax revenue during the base period; provided, however, that said net additional revenues shall only be those amounts collected which are in excess of the amounts projected in section 1B for each department, office, commission and agency or successor.
For the purpose of this section the term "base period" shall refer to the fiscal years beginning on July1, 1991 and ending on June 30, 1997. Revenues which are attributable to a new fee or a newly reimbursable service or clientele shall be considered to have a base period revenue level of zero. The commonwealth shall retain all rights in software programs developed pursuant to any contract executed under this section.
The comptroller shall deposit in the Revenue Maximization Fund, established by section 2R of chapter 29 of the General Laws, all monies collected pursuant to the provisions of this section. The comptroller is hereby authorized to allocate from said fund, upon direction of the secretary of administration and finance, up to the amount of the appropriation contained in item 1599-0033 of section 2 to participating departments; provided, however, that any amount so allocated shall be in excess of the first $30,000,000 in net additional revenues credited to said fund consistent with this section; provided further, that the secretary may allocate the first $2,250,000 from said item when the net additional revenues credited to said fund in the fiscal year are at least $22,250,000; provided further, that the secretary may allocate the second $2,250,000 from said item when the net additional revenues credited to said fund in the fiscal year are at least $34,500,000. Eighty-five per cent of said appropriation shall be distributed to participating departments in proportion to the amount of revenues collected by said department as a percent of the total amount of revenues collected under the provisions of this section. The remaining 15 per cent shall be evenly distributed to all participating departments regardless of the amount of revenues collected by each individual department. The comptroller shall transfer to the General Fund, at the close of the fiscal year, after providing for vendor participation payments, the first $30,000,000 in net additional revenues and any balance remaining in said fund after providing for said allocations. No expenditure shall be made from said revenue maximization fund which would cause said fund to be in deficit at the close of the fiscal year.
Departments receiving allocations pursuant to said item 1599-0033, subject to the provisions of this section, may expend such funds without appropriation after obtaining the written approval of said secretary or his designee of a plan detailing said proposed expenditures, allocations and reallocations and filing said approved plan with the house and senate committees on ways and means which shall be filed with said committees ten days in advance of any allocation or reallocation. All expenditures made pursuant to the provisions of this section and said item 1599-0033 shall be for one-time expenses which shall not recur in fiscal year 1999 or a subsequent fiscal year. No expenditures authorized by the provisions of this section and said item 1599-0033 shall supplant funds appropriated in any item of appropriation in sections 2 or 2B or in sections 2 or 2A of any supplemental appropriations act enacted in fiscal year 1998 or a subsequent fiscal year. For the purposes of this section, the term "supplant" shall be defined as expenditures made for any purpose which receives an appropriation in this act or a subsequent appropriation act. Any unexpended balance from said allocations at the end of each fiscal year shall revert to the General Fund unless said spending plan has been approved by the secretary as a multi-year expenditure.
The comptroller shall report, not later than January 31 of each year, to the house and senate committees on ways and means on the results and operations of the revenue optimization projects authorized by this section, for the six-month period ending the preceding month. Such information shall detail, by each vendor, project and department: the amount of vendor participation payments paid to each such vendor, the net additional revenues retained by the commonwealth, the amounts allocated or reallocated to each such participating department, pursuant to said item 1599-0033 and this section, and the estimated annual receipts, payments and allocations for the fiscal year.
The comptroller shall report to the house and senate committees on ways and means, not later than July 31 of each year, the preceding information for the prior fiscal year and the total of all vendor participation payments made to each vendor and the net commonwealth receipts collected by each project over the duration of the project. On or before July 31 of each fiscal year, the comptroller, after approval of said secretary, shall submit to the house and senate committees on ways and means a plan detailing, by executive office and department, the net additional revenues estimated to be collected under the provisions of this section in the fiscal year.
SECTION 239. (a) Notwithstanding the provisions of any general or special law to the contrary, the office of child care services established by this act shall be established as the lead agency to administer day care services within the jurisdiction of the executive office of health and human services. Said office is hereby authorized and directed to set policy related to day care services, establish voucher payment rates and the terms of provider contracts, establish and update the sliding fee scale for income eligible day care as necessary, administer state and federal day care funds, enter into interagency service agreements for the administration of said system and communicate with other state entities providing similar or related services outside of said executive office, including the department of education, to better coordinate the delivery of services to children. The office of child care services shall work in concert with the secretary of health and human services, the department of transitional assistance, and the department of social services to consolidate said administration within said office. Said secretary shall take all necessary steps to assure interagency cooperation.
(b) The office of child care services shall enter into a series of transitional interagency service agreements, for a period not to exceed six months, with the aforementioned departments and office, for the purpose of providing continuity of services during the consolidation of day care services within said office. Said agreements shall be entered into with the specific goal of centralizing day care administrative functions within said office of child care services not later than January 1, 1998. Said office shall issue written reports on a monthly basis to the house and senate committees on ways and means, the joint committee on human services and elderly affairs, and the secretary of administration and finance on the progress of said consolidation, beginning not later than October 1, 1997.
(c) The office of child care services shall develop and adopt a mission statement to identify the commonwealth's public policy purposes and priorities regarding the provision of state-subsidized day care. Said statement shall be filed with the house and senate committees on ways and means, the joint committee on human services and elderly affairs and the secretary of administration and finance not later than September 15, 1997.
(d) Notwithstanding the provisions of any general or special law to the contrary, the office of child care services is hereby further authorized and directed to perform post-audit reviews on a representative sample of the income eligibility determinations performed by vendors receiving funds from items 4130-3100, 4130-3200 and 4130-3300 of section two. Beginning not later than January 1, 1998, said office of child care services shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance on the error rate, if any, in income-eligibility determinations calculated by said post-audit reviews.
(e) Beginning not later than February 1, 1998, the office of child care services is hereby further authorized and directed to provide quarterly reports to the house and senate committees on ways and means and the secretary of administration and finance on the number of children on waiting lists for state subsidized day care, without duplication. For the purposes of coordinating said list, the office of child care services shall direct all day care providers receiving funds from items 4130-3300 of section two to report monthly to the child care resource and referral agency in their region, the names, or unique identifier, of any eligible children on waiting lists for services provided under said items of appropriation, beginning not later than November 7, 1997. Said child care resource and referral agencies shall compile the information received from individual providers into a single list, without duplication, for each region and submit said list to said office of child care services on a monthly basis, beginning not later than December 15, 1997. Said office of child care services shall establish a uniform format for reporting said data and direct said providers and agencies to report such information electronically where feasible.
(f) The office of child care services is hereby further directed to formulate plans to implement recommendations for the improvement of the administration and delivery of day care services in accordance with the provisions of the report to be developed pursuant to the provisions of section 255. Said office shall not enter into any commitments on behalf of the commonwealth to implement said recommendations without prior authorization by law.
(g) The information collected or submitted pursuant to subsection (e) shall not be used for any purpose other than the purpose identified in said subsection, and, to the extent such information allows for identification of any individual or family, it shall not be a public record within the meaning of clause 26 of section 7 of chapter 4 of the General Laws. The office of child care services is hereby authorized and directed to promulgate regulations establishing appropriate penalties, including appropriate monetary fines, which shall be imposed on any person or entity that discloses or uses said information in a manner inconsistent with the provisions of this subsection.
(h) Nothing stated herein shall give the office of child care services, or any other entity within the executive office of health and human services, authority to administer, regulate or control services provided by agencies beyond the jurisdiction of said executive office, except to the extent to which such authority existed on June 30, 1997.
SECTION 240. Notwithstanding the provisions of any general or special law to the contrary, the department of environmental management is hereby authorized and directed to expend $5,000,000 in fiscal years 1998 and 1999 for improvements to Forest Park in the city of Springfield from funds authorized in item 2120-8882 of section 2 of chapter 564 of the acts of 1987; provided, that said improvements shall include not less than $1,979,920 of said amount for the costs of implementation of the Forest Park Zoological Society's general development plan, so-called, dated March, 1996, including, but not limited to, the design and construction of new exhibit space, a gift shop and administration building, an educational center, a children's memorial garden, and a sanitary sewer; provided, that costs funded by the commonwealth pursuant to this section shall not exceed the cost estimates listed in said plan and shall be a one-time expense. The secretary of administration and finance is hereby authorized and directed to increase the planned allocation to the executive office of environmental affairs for capital expenditures financed by bond spending in fiscal years 1998 and 1999 by an amount sufficient to cover the costs of said improvements to Forest Park in the city of Springfield; provided, that said secretary of environmental affairs shall allocate said increase to the appropriate departments, in accordance with subsection (r) of section 5 of chapter 92B of the General Laws, in order to meet said improvements.
SECTION 241. (a) Notwithstanding the provisions of any general or special law to the contrary, for the purposes of this section, the following terms shall, unless the context clearly indicates otherwise, have the following meanings:-
(1) "Designated feed stock materials", postconsumer waste material, as defined in this section, and as specified by the department of environmental protection, including, but not limited to, paper, glass and plastic bottles, and tires, which has been through a reclaiming process, as defined in this section, and is ready for use as an input to a system that transforms them, and any other inputs, into products of economic value; said materials shall not include post-industrial waste materials or metals.
(2) "Designated unprocessed materials", those materials shall be limited exclusively to postconsumer waste material, as defined in this section, and as specified by the department of environmental protection, including, but not limited to, theretofore unprocessed loose paper, glass and plastic bottles and tires; provided, however, that said materials shall not include metals.
(3) "Eligible business", a company or corporation, which (A) either: (i) uses designated unprocessed materials in their reclaiming process; or (ii) uses designated feed stock materials, generated by an eligible business, in their manufacturing process; and (B) has at least 50 per cent of its full-time equivalent non-salaried workforce in Massachusetts. A business shall not be considered eligible which: (i) has been convicted of violating any state or federal civil or criminal environmental law in the past three years; or (ii) acts as an intermediary or broker between companies and corporations engaged in the manufacturing process or reclaiming process.
(4) "Manufacturing process", those activities by which designated materials are used as an input to a system that transforms them, and any other inputs, into products of added economic value and resold to a nonaffiliated business.
(5) "Postconsumer waste material", any product generated by a business or consumer that has served its intended use, and that has been separated from solid waste for the purposes of collection, recycling and disposition and that does not include postindustrial waste material.
(6) "Postindustrial waste material", internally generated scrap or fragments of products commonly returned to industrial or manufacturing processes, including home scrap or mill broke.
(7) "Reclaiming process", those activities which densify, shred, bale, grind, culletize or otherwise process theretofore designated unprocessed material.
(8) "Virgin feed stock materials", those materials extracted from their natural resource base and that are prepared for input into a system that transforms them and any other inputs, into products of economic value.
(b) The department of environmental protection, subject to the provisions of this section, shall promulgate final regulations by April 1, 1998, which establish the recycling industries reimbursement grant program for eligible businesses in the commonwealth, hereafter referred to as the program, for implementation 30 days after said final regulations are submitted to the house and senate committees on ways and means for review, subject to appropriation. Said program shall be funded, subject to appropriation, by the Clean Environment Fund, established pursuant to section 323F of chapter 94 of the General Laws.
(c) The department of environmental protection shall determine which materials within the designated unprocessed materials and the designated feed stock materials are eligible for a reimbursement grant; provided, that no materials that are hazardous waste under applicable state and federal environmental laws shall be eligible for said reimbursement grant. Said department shall evaluate and report the potential for successful recycling of each designated material under investigation, including an objective analysis which identifies materials with stable or mature markets and problematic materials with unstable immature markets. Said problematic materials may include, but not be limited to, green glass, mixed paper, newspaper and plastics. Said department shall also identify materials which may require stimulation by inclusion as a designated unprocessed materials and designated feed stock material.
(d) The department of environmental protection shall determine the amount of the reimbursement grants for eligible businesses, which amount shall be based upon the following factors including, but not limited to: (i) the differences between market prices or price quotations for virgin feed stock materials and the price paid for designated feed stock materials by an eligible business engaged in the manufacturing process in the commonwealth; (ii) the amount of designated feed stock material sold by eligible businesses engaged in the reclaiming process in the commonwealth; (iii) the amount of designated feed stock material used by eligible businesses engaged in the manufacturing process in the commonwealth; and (iv) the market history and price fluctuations of materials. Said department shall make periodic adjustments to reimbursement grant rates as deemed necessary, based on the condition of the markets. Said department shall also have the authority to establish additional criteria upon which to award reimbursement grants; provided that within 6 months of the effective date of this section, said department shall submit the initial implementation plan for the program including, but not limited to, proposed additional materials and criteria, to the house and senate committees on ways and means and the joint committee on natural resources and agriculture. Said department shall determine a maximum annual reimbursement grant limit per eligible business.
(e) The department of environmental protection shall design a promotional strategy for the reimbursement grant program that will reach the maximum number of potentially eligible businesses. Said department shall coordinate said promotion strategy with existing programs in business development and the recycling loan fund to achieve the efficient use of activities and funds.
(f) The department of environmental protection shall design and implement controls to prevent fraud and waste of program funds, including, but not limited to: (i) awarding reimbursement grants to companies or corporations which attempt to reclaim the same batch of designated unprocessed materials multiple times; or (ii) awarding reimbursement grants to companies or corporations which purchase designated feed stock materials, but do not use said materials in the manufacturing process.
(g) The department of environmental protection may enter into interagency service agreements or other cooperative agreements with any agency of the commonwealth which it deems appropriate to develop and implement said program including, but not limited to, the department of economic affairs, and the strategic envirotechnology partnership, so called, to promote, evaluate or analyze said program.
(h) The department of environmental protection, in cooperation with the department of revenue, shall review and approve applications for the reimbursement grants allowed in this section. Application for reimbursement grant shall be made in writing on a form prescribed by said department and shall contain information including, but not limited to, and where applicable, on the purchase of designated unprocessed materials, the sale of designated feed stock materials, a description of the designated feed stock materials, the amount of designated materials, the percentage of designated feed stock materials, the percentage of postindustrial waste material and the percentage of virgin feed stock materials used in manufacturing and the products manufactured. Reimbursement grants shall be processed and awarded in a timely fashion. Any business which falsifies any information contained in its application for reimbursement grant shall be subject to a fine of double the amount of said reimbursement grant.
(i) An annual report detailing the reimbursement grant program as implemented, including but not limited to: amounts and numbers of reimbursement grants requested and awarded shall be submitted to the house and senate committees on ways and means and the joint committee on natural resources and agriculture by January 1 of each year for the most recent fiscal year.
SECTION 242. For the purpose of expediting the locating of a University of Massachusetts at Dartmouth downtown New Bedford campus, the division of capital planning and operations is hereby directed to issue not later than August 1, 1997 the request for proposals authorized in subsection (a) of section 2 of chapter 457 of the acts of 1996.
SECTION 243. Notwithstanding the provisions of any general or special law to the contrary, for state fiscal year 1998 any specialty hospital, as defined in section 1 of chapter 118G of the General Laws, which provides free care as defined in said section 1 of said chapter 118G, shall be exempt from the provisions of section 18 of said chapter 118G; provided, that said specialty hospital's gross outpatient service revenue equals at least 80 per cent of its gross patient service revenue as of January 1, 1996. For the purposes of this section "gross outpatient service revenue" shall mean gross patient service revenue minus gross inpatient service revenue. The division of health care finance and policy shall determine the amount owed for fiscal year 1998 by said specialty hospital. Said division is directed to transfer from the Compliance Liability Trust Fund as established pursuant to section 56 of chapter 495 of the acts of 1991 into the uncompensated care pool trust fund as established in said section 18, an amount equal to the amount owed by said specialty hospital for state fiscal year 1998 for the purpose of ensuring that other participating hospital's liability to the uncompensated care pool does not increase due to the aforementioned exemption.
For the purpose of resolving the liability to the uncompensated care pool of any specialty hospital meeting the exemption criteria established in the preceding paragraph that would be owed in fiscal year 1999 and subsequent fiscal years, said division is hereby authorized and directed to evaluate alternatives to funding said liability from the compliance liability trust fund. Said division shall investigate said alternatives in consultation with any such specialty hospital and the Massachusetts hospital association. Said division shall make recommendations relative to the viability of said alternative funding sources and the ramifications of relying on such funding for said pool in a report that shall be filed with the joint committee on health care and the house and senate committees on ways and means not later than December 5, 1997.
SECTION 244. Notwithstanding the provisions of any other general or special law, rule or regulation to the contrary, Plymouth Cordage Park is hereby eliminated as a Designated Port Area under 301 C.M.R. 25 and 310 C.M.R. 9 and any other applicable provisions of the code of Massachusetts regulations.
SECTION 245. The division of employment and training shall not close any local DET office during fiscal year 1998 in which the major city served by that office had an unemployment insurance rate at least twice the statewide average for fiscal year 1997.
SECTION 246. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of the division of employment and training and the secretary of the executive office of economic affairs shall maintain a regional office of the division of employment and training office in the city of Pittsfield which shall be accessible and open for claims and job assistance counseling; provided further, that the secretary of the executive office of elder affairs shall maintain a regional office of elder services in the city of Pittsfield; provided further, that the commissioner of the department of highways and the secretary of the executive office of transportation and construction shall maintain a department of highways district 1 administrative office in the town of Lenox; provided further, that said commissioner and said secretary shall maintain a department of highways district 2 administrative office in the city of Northampton; provided further, that the commissioner of the department of highways is hereby directed to maintain staffing levels of at least one district highway engineer director, one district construction engineer, one maintenance engineer and one administrative manager in each of said offices; provided further, that the commissioner of the department of transitional assistance and the secretary of the executive office of health and human services shall maintain a regional department of transitional assistance office in the city of Pittsfield; provided further, that the commissioner of the department of youth services and the secretary of the executive office of health and human services shall maintain a regional department of youth services office in the city of Pittsfield; provided further, that the commissioner of the department of social services and the secretary of the executive office of health and human services shall maintain a regional department of social services office in the city of Pittsfield; provided further, that the commissioner of the department of mental retardation and the secretary of the executive office of health and human services shall maintain a regional department of mental retardation office in the city of Pittsfield; provided further, that the commissioner of the department of revenue and the secretary of administration and finance shall maintain a regional department of revenue office in the city of Pittsfield.
SECTION 247. That the division of employment and training shall maintain an office within the downtown area of the city of New Bedford. If consolidation or movement is considered necessary by the department, said department shall request legislative approval six months in advance of any such consolidation or movement.
SECTION 248. Notwithstanding the provisions of section 39M of chapter 30 of the General Laws or any other general or special law to the contrary and whereas it has been determined that the Mill Cove Siphon constructed in 1933 by the Metropolitan District Commission as part of Section 125 of the Braintree-Weymouth Sewer and now owned and operated by the Massachusetts Water Resources Authority creates a hydraulic restriction in sewage flows that contributes to chronic back-ups and overflows of raw sewage in the communities of Weymouth and Braintree that endanger public health and that ordinary means of cleaning and maintaining the Mill Cove Siphon cannot be utilized because of uncertainty concerning its structural integrity and that the foregoing circumstances constituting a public health and environmental emergency, the Massachusetts Water Resources Authority is hereby authorized and directed to institute an emergency procurement, utilizing such method of procurement as it shall determine to be reasonable and prudent in the circumstances, of a qualified contractor to suitably engineer and install under said authority's direction and supervision an emergency relief siphon to provide the most immediate, suitable and practicable relief of said hydraulic restriction, said installation to be completed within 180 days of the effective date of this act. Said contractor shall be certified as paying prevailing wages that would be applicable as if the contract were to be awarded under said section 39M of said chapter 30. Said authority shall report to the clerk of the house and the senate and the house committee on ways and means prior to July 15, 1997 if geotechnical appraisals or utility surveys completed by said date show that the project cannot be accomplished as hereby directed. Any agency, department, office or commission with regulatory jurisdiction shall, notwithstanding any other law to the contrary, cooperate with said authority to assure the attainment of the foregoing schedule and to assure that substantive and procedural regulatory requirements are exercised to achieve the purposes of this section.
SECTION 249. Notwithstanding the provisions of any general or special law to the contrary, the Gate 31 fishing area, so-called, at the Quabbin Reservoir shall be designated as the Senator Robert D. Wetmore fishing area.
SECTION 250. The department of social services shall develop specialized standards for foster homes or other facilities designated to receive referrals of sexually abusive youths or arsonists pursuant to section 33B of chapter 119 of the General Laws. The department shall file a plan for implementing such standards, including estimates of any additional appropriations that such implementation might require, with the joint committee on human services and elderly affairs and the house and senate committees on ways and means on or before March 31, 1998.