SECTION 251. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer, without further appropriation, as of June 30, 1998, $36,952,082 from the General Fund to the Children's and Seniors' Health Care Assistance Fund, established in section 2FF of chapter 29 of the General Laws.
SECTION 252. Notwithstanding any general or special law, regulation or order to the contrary, the department of public utilities is hereby directed to include the town of Belmont and the city known as the town of Watertown within the boundary lines of the 617 area code in D.P.U. 96-61 (1997) and D.P.U. 96-61A (1997).
SECTION 253. Notwithstanding the provisions of any general or special law to the contrary, the department of state police is hereby directed to provide patrols to the areas outlined herein in fiscal year 1998. Said department shall use funding from either item 8100-0000 or 8100-0007 of section 2 of this act, or other available funding sources. Patrols shall be provided as follows: $365,000 shall be expended on a pilot program for the Medford State Police Barracks entitled Zero Tolerance and Fire Risk Prevention, which will increase patrols and public safety by using bicycles and other policing means within the Middlesex Fells and Mystic River Reservation district; provided further, that $30,240 shall be expended for the costs associated with providing state police patrols three nights per week in the city of Brockton in the following area: south between Montello street and Warren avenue and north to Battle's street between Montello street and Warren avenue, or at such other location and that such patrols shall be assigned between the hours of 8:00 p.m. and 4:00 a.m. beginning July 1, 1997 for a period of 18 weeks, as deemed necessary; provided, further, that $30,000 shall be expended for the cost associated with providing state police services at Breakheart Reservation; provided further, that $75,000 shall be expended for the costs of state police patrols along the Charles river esplanade and the Charlesgate area of the city of Boston; provided further, that $131,520 shall be expended for the costs of state police patrols at Lynn Beach, Kings Beach, and Nahant Beach; provided further, that $25,000 shall be expended for the costs associated with patrols of the Wollaston beach-Quincy Shore Drive section of the city of Quincy; provided further, that $250,000 shall be expended for the purpose of increased patrols during the months of April through October at Winthrop Beach and Winthrop Shore drive in the town of Winthrop, Revere Beach in the city of Revere, Constitution Beach and Belle Isle Marsh in the East Boston section of the city of Boston; provided further, that not less than $150,000 shall be expended to provide patrols along the southwest corridor, so-called; provided further, that $25,000 be expended to provide patrols of Blue Hill and Stonybrook Reservations and those parklands and roadways under the care and control of the Metropolitan District Commission patrolled by the state police in the Hyde Park, West Roxbury, Roslindale, and Readville sections of Boston, and in the towns of Canton, Milton, and Randolph; provided further, that $46,666 shall be expended for patrols of properties of the metropolitan district commission located along Day Boulevard in the South Boston section of the city of Boston; provided, that said patrols shall be assigned between the hours of 8:00 p.m. and 4:00 a.m., nightly until November 1, 1997.
SECTION 254. Notwithstanding the provisions of any general or special law to the contrary, of the amount appropriated in item 1102-3206 in section 2 of this act, $45,000 shall be obligated and expended for the refurbishment of a kitchen at the Natick senior center, $250,000 shall be obligated and expended for a full-service kitchen, including the purchase of equipment, at the New England Shelter for Homeless Veterans in the city of Boston, and $367,000 shall be obligated and expended for the construction of a senior citizen center in the town of Plainville.
SECTION 255. Notwithstanding the provisions of any general or special law to the contrary, the office of child care services as established by this act is hereby authorized and directed to expend not more than $200,000 from item 4130-2999 in section two for an independent evaluation of and report on the system of state-subsidized day care administration and delivery within the executive office of health and human services, for the purpose of improving the efficiency, accountability, and cost-effectiveness of said system for conforming said system to the provisions of chapter five of the acts of 1995 and maximizing the use of non-state funds for the provision of day care services. Said evaluation and report shall be filed with the house and senate committees on ways and means and the secretary of administration and finance not later than February 1, 1998, and shall include, but not be limited to, the following: (a) an analysis of the role of child care resource and referral agencies, including any need for, feasibility of, and desirability of, an expanded role for such agencies in the administration and distribution of day care; (b) an analysis of the need for, feasibility of, and desirability of expanded technology in the administration and delivery of day care, including a cost- benefit analysis of implementing a unified intake and eligibility system, and a cost-benefit analysis of creating and operating a centralized database, accessible from multiple points statewide, to track the income eligible waiting list and all available openings for subsidized day care from providers receiving state funds; (c) an analysis of current day care administrative structures, policies, and management practices relative to (i) streamlining the current system, (ii) providing greater accountability, and (iii) improving the accessibility of services; (d) an analysis of possible ways to reduce the size of the waiting list for income eligible day care, with a focus on identifying sources of funding other than the commonwealth; (e) recommendations to improve the current administration and delivery of day care services based on the aforementioned analyses; (f) a thorough cost analysis of each recommendation, including the cost implications for fiscal years 1998 to 2000, inclusive; and (g) a proposed draft of any and all legislation and regulatory changes that would be needed to implement the recommendations of said report.
SECTION 256. The disabled persons protection commission is hereby authorized and directed to study and report on cases reported to the disabled persons protection commission that may contain allegations of criminal abuse. The report shall include, but not be limited to, the percentage of cases reported to said agency since January 1, 1995 that may contain criminal allegations, the percentage of cases since January 1, 1995 referred to the attorney general, any district attorney, or any law enforcement official or agency for investigation or prosecution, the criteria and process used to categorize cases as possibly containing allegations of criminal abuse for the purpose of this study, and any staffing deficiencies identified by said agency relating to the investigation of criminal abuse. Said report shall be submitted to the house and senate committees on ways and means and the joint legislative committee on human services and elderly affairs no later than December 15, 1997.
SECTION 257. The department of education is hereby authorized and directed to study and report on the costs and implications of establishing accreditation standards for all providers of early childhood services receiving funding from item 7030-1000 in section 2. Said study shall include, but not be limited to, a survey of accreditation standards currently in use for the providers of said services, an analysis of whether such standards promote the goals of chapter 71 of the acts of 1993, the number of said providers currently meeting said standards, the number of children receiving services from accredited and unaccredited providers in fiscal year 1998, the costs to the commonwealth and to providers of universal compliance with said standards, and the impacts of universal accreditation on flexibility and innovation in the provision of early childhood services. Said report shall be filed by the department with the house and senate committees on ways and means no later than February 1, 1998.
SECTION 258. Notwithstanding the provisions of any general or special law to the contrary, the board of higher education, in consultation with the council of state colleges and the council of community colleges, is hereby authorized and directed to develop a funding formula for the state and community colleges. The board of trustees for the University of Massachusetts is also hereby authorized and directed to develop a funding formula for its five campus system. Said funding formulas shall provide a basis for determining the total level of resources needed annually for the ordinary maintenance of each state and community college and university campus and shall be designed for the purpose of allocating resources equitably from the commonwealth to each institution of public higher education. Said funding formulas shall be approved by the board of higher education and submitted to the house and senate on ways and means no later than November 1, 1997.
The board of higher education is also authorized and directed to evaluate the tuition and fees, mandatory and non-mandatory, charged for attendance at each institution of public higher education. Said evaluation shall take into consideration the cost of education at each institution, which shall be defined as the total level of state and student supported education and general expenditures less auxiliary enterprises, state restricted grants and contracts, and debt service for fiscal year 1997, in order to determine the amount of tuition and fees that students are charged at each institution to meet the student share of the cost of education in fiscal year 1997; and the amount of fees that students are charged for costs not included in the cost of education, so-called, in fiscal year 1997; provided, however, that the board is not precluded from comparing said costs and amounts to costs incurred or charged in prior fiscal years.
The board shall use such information to evaluate and make recommendations on (1) the advisability of redefining tuition as the amount students are charged to meet the student share of the cost of education for attending an institution of public higher education; (2) the advisability of redefining fees as a non-mandatory source of student payment charged by an institution for participation in campus activities and for the purchase of specific non-obligatory services; (3) the impact of tuition retention on each institution and on the level of student charges at each institution in the event tuition and fees were to be redefined and tuition was retained by each institution; and (4) the impact of redefining tuition and fees and tuition retention on the ability of each institution to fund its operating budget for fiscal year 1999 and provide tuition waivers pursuant to section 19 of chapter 15A of the General Laws.
Said evaluation and recommendations shall be reported to the house and senate committees on ways and means and the joint committee on education, arts and humanities no later than January 1, 1998.
SECTION 259. The department of revenue is hereby directed to review and develop an implementation plan for the recommendations contained in the publication "Road Fund Tax Evasion: A State Perspective" issued by the Council of State Governments. Said implementation plan shall be accompanied by any legislation necessary to implement the recommendations of said publication. Said plan and legislation shall be filed with the joint committee on taxation and the house and senate committees on ways and means on or before October 15, 1997. Those recommendations which do not need accompanying legislation shall be implemented by the department on or before January 1, 1998. The department shall issue annual reviews of the goals of the implementation plan.
SECTION 260. A special legislative commission shall be established to explore alternatives to local property taxes as the primary source of funding for public education in the commonwealth, including but not limited to, federal financial assistance, municipal revenue contributions, and state aid to cities, towns, regional school districts, counties maintaining agricultural schools and independent vocational schools. The report of said commission shall identify, but not be limited to, identifying for each public school district and for public schools as a whole the level of actual and anticipated operating support from state, municipal, and federal revenue sources for fiscal year 1993 to fiscal year 2000, the growth or decline of actual dollars and as a percentage of annual schools budgets for said public schools, a discussion of the impact of growth in enrollment and costs of special education on school district budgets, and any other fiscal matters that impact the financial support for said public school districts. The commission shall consist of three members to be named by the speaker of the house of representatives, one member named by the house minority leader, three members to be named by the senate president, and one member named by the senate minority leader. The governor may, in addition, name three members of the commission. The commission shall report to the house and senate committees on ways and means not later than February 1, 1998.
SECTION 261. The department of public health is hereby authorized and directed to conduct a study and file a report on a five-year program for breast cancer prevention, research and detection services. Said study and report shall incorporate and evaluate the results of the scientific research grant program investigating potential environmental factors that contribute to breast cancer in "areas of unique opportunity" as described in item 4570-1500 of section 2. Said report shall include but shall not be limited to the amount of state spending proposed, a statement of reasons in support of said amount, and efforts to be undertaken by said department to establish and increase alternative sources of funding. Said report shall be filed with the joint committee on health care and the house and senate committees on ways and means not later than December 31, 1997.
SECTION 262. The executive office of administration and finance in conjunction with the executive office of transportation and construction and Nantucket and Martha's Vineyard Steamship Authority is hereby authorized and directed to study the demand for extended roll on and roll off freight service to Nantucket and Martha's Vineyard, including, but not limited to, how this demand might be met by adding an additional port to service said Islands. All feasible ports, including New Bedford, shall be considered in said study. Said study shall also include a review of the Steamship Authority's current plan to address its unmet demand, a review of any studies the Steamship Authority has undertaken relative to meeting and analyzing said unmet demand, and an analysis of the financial impacts and cost of living impacts to the residents of Nantucket and Martha 's Vineyard as a result of developing a new port to address said unmet demand. Said study shall be filed with the joint committee on transportation and the house and senate committees on ways and means not later than February 1, 1998.
SECTION 263. The secretary of administration and finance and the department of environmental management, in consultation with the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority, the southeastern regional planning and economic development agency and other second Bristol district economic development agencies are hereby authorized and directed to prepare an implementation plan for the design and construction of a ferry terminal at the New Bedford Aquarium site in the port of New Bedford serving passengers, vehicles and freight. Said secretary of administration and finance, in consultation with the Center for Marine Science and Technology at the University of Massachusetts at Dartmouth and the New Bedford Aquarium Corporation, are hereby authorized and directed to prepare an implementation plan for the design and construction of the University of Massachusetts at Dartmouth Center of Marine Science and Technology/Science Education and Economic Development center at the New Bedford Aquarium site. Said plans shall assume a completion date for the design and construction of said terminal and the Science Education and Economic Development center not later than December 31, 1998. Said implementation plans shall be filed with the joint committee on transportation and the house and senate committees on ways and means not later than December 31, 1997.
SECTION 264. There is hereby established a special commission, to study the feasibility of amending paragraph (4) of section one of chapter 152 of the General Laws by inserting after the third paragraph a provision allowing said subsection to become elective as to bona fide corporate officers. Said special commission shall consist of the secretary of administration and finance or his designee, two members appointed by the president of the senate, one member appointed by the minority leader of the senate, two members appointed by the speaker of the house of representatives and one member appointed by the minority leader of the house of representatives. Said commission shall detail the number of businesses affected by such proposed change and shall develop methods for fraud protection with respect to this proposal and shall include procedures to ensure the continued safeguard of worker's compensation benefits for subordinate employees. Said special commission shall report the results of said study together with its recommendations, if any, and draft of legislation necessary to carry out such recommendations by filing the same with the senate and house committees on ways and means not later than December 1, 1997.
SECTION 265. Notwithstanding the provisions of 310 C.M.R. 10.23 or any other regulation to the contrary, Eastward Ho!, in the town of Chatham may construct a coastal engineering structure to prevent further coastal erosion from occurring at Hole #7; provided, however, that a notice of intent is filed with the department of environmental protection and the Chatham Conservation Commission.
SECTION 266. The commissioner of public health is hereby authorized and directed to develop a plan for the continuation of the Weapons Related Injury Surveillance System after the cessation of federal funding for said program, including an analysis of alternative sources of funding for the continuation of said program. Said plan shall be filed with the governor, the house and senate committees on ways and means and the senate committee on post audit and oversight not later than September 1, 1997.
SECTION 267. The division of medical assistance is hereby directed to conduct an investigation and study of the current nursing home bed holds standards and regulations as expressed in item 4000-0300. Said study shall include an investigation of the feasibility and ramifications of expanding the length of time relative to nursing home bed holds and an evaluation of appropriate financial reimbursement levels for said expansion. Said division shall report the result of such investigation and study by filing the same with the joint committee on health care on or before September 30, 1997; provided, however, that the division shall, prior to concluding said study, consult with parties affected by said division's matter of study including, but not limited to, the Massachusetts Law Reform Institute, Health Care For All and Massachusetts Senior Action.
SECTION 268. The secretary of administration and finance is hereby authorized and directed to conduct a study of the costs of training state and municipal employees and report any recommendations and accompanying legislation relative to the equitable use of assessments on all said employees receiving training from the state to the clerks of the house of representatives and senate, the house and senate chairpersons of the committees on ways and means and the house and senate chairpersons of the joint committee on public safety on or before January 1, 1998.
SECTION 269. The executive office of transportation, in collaboration with the Massachusetts Port Authority, the southeastern regional planning and economic development agency and other local economic development agencies and parties in the second Bristol district, is hereby authorized and directed to study the feasibility of the creation of a port authority in the city of New Bedford; provided, however, that said study shall delineate an efficient intermodal transportation network that shall include, but not be limited to, optimum economic use of the New Bedford/Fairhaven Seaport, an expanded New Bedford Regional Airport, a proposed commuter rail extension to Greater New Bedford, a ferry terminal which shall include both freight and passenger service and an aquarium on the New Bedford waterfront, and shall evaluate potential benefits to the city from the creation of a port authority and shall submit a detailed master plan, including time lines, as to how the state shall proceed with these projects. Said study shall also evaluate the costs and benefits of establishing such an authority. Said study shall be submitted to the joint committee on transportation, the house and senate committees on ways and means and the house and senate clerks not later than December 31, 1997.
SECTION 270. The commissioner of the department of revenue is hereby authorized and directed to investigate the source and verify the amount of excise imposed by section four of chapter 64A of the General Laws. Said commissioner shall examine the returns filed under said section four to determine the source of the excise paid and whether the gasoline powered vehicle traverses roadways or water. Said commissioner shall then verify that the apportionment, as described in section 13 of said chapter 64A, of excise paid under said chapter 64A is accurate and true. Said commissioner shall conclude said investigation on or before December 1, 1997 and shall report the results of said investigation by filing the same with the clerks of the house and senate, the house and senate committees on ways and means and the joint committee on natural resources and agriculture.
SECTION 271. Notwithstanding any general or special law to the contrary, the executive office of environmental affairs is hereby authorized and directed to seek, to the maximum extent possible, any and all federal financial assistance for the installation of air pollution control devices consistent with the requirement of section 129 of the Clean Air Act of 1990 for the purpose of assisting municipalities with these costs. Said office shall report the progress of such efforts, from time to time, as may be appropriate, and at least once every six months, to the house and senate committees on ways and means and the committee on natural resources and agriculture.
SECTION 272. The commissioner of social services shall study and submit a report to the senate and house committees on ways and means not later than December 15, 1997 regarding the costs, federal reimbursements and benefits of collaborating with a college or university to provide training to the employees of the department.
SECTION 273. The secretary of environmental affairs is hereby authorized and directed to develop a plan for the provision of state financial assistance to communities making debt service payments on federally mandated drinking water treatment facilities including, but not limited to, the cities of Worcester, Attleboro and North Adams. Said plan shall include the total cost to the commonwealth of providing assistance at a level of 50 per cent of total debt obligation, a breakdown of the assistance that shall be provided to all eligible communities at said 50 per cent level and recommendations on the potential sources of funding for said plan. Said plan shall be filed with the governor, the house and senate committees on ways and means and the joint committee on natural resources not later than October 1, 1997.
SECTION 274. Notwithstanding the provisions of any general or special law to the contrary, the department of education shall submit a report detailing the progress of the following items in section 2 towards the goals of education reform: 7061-9400, 7061-9615, 7061-9620, 7061-9621, 7061-9622, and 7061-9625. Said report shall include but not be limited to a description of the purpose of any grants that are to be used within said items, the names and the amounts of the grants, whether the grants are competitive, and whether there is any local match to said grants. Within the description of the purpose of said grants shall be included a statement which identifies the substantive contribution toward the goals of education reform achieved by said grants. Said report shall also include performance goals and a completion timeline for each project relating to said items, and shall also include a detailed spending plan for the funds appropriated within said items, including but not limited to, funds for the purpose of accounting and posting, printing, contracting and compensation, and hardware and software purchases. Said report shall be submitted to the house and senate committees on ways and means and the joint committee on education, arts and humanities not later than January 20, 1998.
SECTION 275. Notwithstanding the provisions of any general or special law to the contrary, the personnel administrator is hereby authorized and directed to develop a revised management pay plan for the commonwealth. Said revised management pay plan shall replace the management pay plan contained in section 46C of chapter 30 of the General Laws. Said revised management pay plan shall be filed in the form of legislation with the house and senate clerks not later than October 1, 1997; provided, however, that said revised management pay plan shall not take effect until it is enacted into law.
SECTION 276. Notwithstanding the provisions of any general or special law to the contrary, the personnel administrator, in consultation with the state comptroller, shall file a revised personnel schedule with the house and senate committees on ways and means. Said schedule shall reschedule positions to those items of appropriation from which the majority of such positions' compensation is paid. Said revised personnel schedule shall be designed so as to minimize the need for the state comptroller to employ the Personnel Cost Reporting System, so-called, in allocating charges for compensation of state personnel. Said plan shall be filed with the house and senate committees on ways and means not later than September 1, 1997 and shall take effect not later than September 30, 1997. The personnel administrator and the comptroller are hereby authorized and directed to make such adjustments as are necessary to the Massachusetts management accounting and reporting system, so-called, the Personnel Administrative Reporting Information System, so-called, and the Payroll Cost Reporting System, so-called, in order to implement the revised personnel schedule filed under the provisions of this section.
SECTION 277. Notwithstanding the provisions of any general or special law to the contrary, the secretary of health and human services is hereby authorized and directed to study the various services provided under the Turning 22 programs, so-called, of the department of mental retardation, the Massachusetts commission for the blind and the Massachusetts rehabilitation commission. Said study shall include, but shall not be limited to, a review of: (1) the service needs of the consumers served by said Turning 22 programs; (2) whether there are more effective and efficient means of providing for such service needs; (3) whether there would be any administrative efficiencies or savings if the management of said Turning 22 programs were consolidated within a single state agency; and (4) a projection of the numbers of consumers which will be eligible for services under said Turning 22 programs in each of the next five fiscal years and the total costs of serving such consumers. The results of said study shall be submitted to the house and senate committee on ways and means not later than October 1, 1997.
SECTION 278. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of public health is hereby authorized and directed to study the staff-to-patient ratios of the department's four public health hospitals. Said study shall review the appropriateness of such staff-to-patient ratios in comparison to ratios in other comparable public and private hospitals. Said study shall make such recommendations as may be appropriate to adjust said staff-to-patient ratios if needed. The results of said study shall be filed with the house and senate committees on ways and means not later than December 31, 1997.
SECTION 279. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance shall study the methods of procuring fuel for state vehicles, including, but not limited to, vehicles operated by the Metropolitan District Commission, the state police, the departments of environmental management, fisheries and wildlife, highways, public health, mental health, corrections, and mental retardation. Said study shall review current methods of procurement and shall identify such measures, including, but not limited to, bulk purchasing, as will reduce the costs of procurement. Said study shall also identify any increased costs associated with purchasing fuel for vehicles through the use of state credit cards. Said study shall make such recommendations as may be appropriate to reduce the overall costs of procurement and shall make recommendations regarding the proper oversight of funds expended for the procurement of fuel for state operated vehicles. The results of said study shall be filed with the house and senate committees on ways and means not later than October 1, 1997.
SECTION 280. Notwithstanding the provisions of any general or special law to the contrary, the executive office of transportation and construction, the Pioneer Valley Regional Transit Authority and the city of Springfield are hereby authorized and directed to study the expansion of transit service in said city to include nights and weekends. Said study shall focus and make recommendations on the following items: (1) the costs to the city of Springfield and the commonwealth of implementing such service; (2) the economic benefits to the city of Springfield from the implementation of expanded service; (3) appropriate fare structures and other funding mechanisms required to implement such service; and (4) the estimated ridership which would utilize such expanded service. The results of said study shall be submitted to the house and senate committees on ways and means not later than December 31, 1997.
SECTION 281. On or before October 15, 1997, the department of transitional assistance shall submit to the committee on human services and elderly affairs and the house and senate committees on ways and means a report detailing the degree to which insufficiency of transportation, if any, impedes the ability of recipients of benefits pursuant to chapter 118 of the General Laws and section 110 of chapter five of the acts of 1995, to obtain and retain meaningful employment, and setting forth the department's comprehensive proposals for addressing such impediments, including a detailed cost analysis of such proposals and suggestions for how any unmet needs could be met without any additional state appropriations.
SECTION 282. (a) Notwithstanding any general or special law to the contrary, there is hereby established a special commission to conduct a study of the effects on current and former recipients of benefits pursuant to chapter 118 of the General Laws, as modified by chapter 5 of the acts of 1995, of the implementation of the provisions of said chapter 5 and the provisions of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Said commission shall select and retain a professional individual or entity for the purpose of conducting said study. The commission shall be co-chaired by the chairmen of the joint committee on human services and elderly affairs and the secretary of the executive office of health and human services. There shall be ten additional members of said commission who shall be the secretary of administration and finance or his designee, the commissioner of the department of transitional assistance, the chairs of the house and senate committees on ways and means or their designees, one member appointed by the minority leader of the house, one member appointed by the minority leader of the senate, one president of a community college to be selected by the board of education, two representatives of nonprofit organizations which provide services to such recipients to be selected by the co-chairs of the commission, and a member selected by the Massachusetts State Labor Council, AFL-CIO.
(b) The commission shall determine the appropriate parameters of such study, which may include interviewing and tracking over a period of at least one year a representative sample of current and former recipients to assess the initial and ongoing effects of said laws on said recipients' lives.
(c) The commission shall establish an appropriate timetable for production of a final report, provided that interim reports shall be filed with the house and senate committees on ways and means on or before February 1, 1998 and November 1, 1998.
SECTION 283. Notwithstanding any general or special law to the contrary, the secretary of administration and finance and the secretary of environmental affairs are authorized and directed to study and make recommendations with regard to the statewide allocation of the unassigned environmental police officers; provided, however, that for the purposes of the study and recommendations said secretaries shall consult with the department of environmental affairs and the division of fisheries and wildlife law enforcement; and, provided further, that the results of said study, together with recommendations, if any, shall be filed with the clerks of the senate and house of representatives not later than October 1, 1997.
SECTION 284. Notwithstanding the provisions of any general or special law to the contrary, the low-level radioactive waste management board established by chapter 111H of the General Laws shall file with the joint committee on natural resources and agriculture and the house and senate committees on ways and means not later than February 1, 1998, a report which shall specify the long-term plan for the disposal of low -level radioactive waste generated within the commonwealth by generators under the jurisdiction of the board. The plan shall include, but not be limited to, an assessment of the current and anticipated output of generators including all efforts at source minimization, current and anticipated actions taken by the board with regard to in-state siting, current and anticipated agreements with out-of-state disposal facilities including the terms of current contracts and the long-term projected availability of out-of-state disposal facilities and a description of all actions of the board with regard to developing a long-term disposal solution.
SECTION 285. The Massachusetts board of library commissioners is hereby authorized and directed to conduct a study of collection development policies and practices in public libraries in Massachusetts. Said study shall include, but not be limited to, the apportionment of collection development budgets by spending category, by subject matter and by patron age group. The board shall also design and submit to the senate committee on ways and means and the joint legislative committee on education, arts and humanities by October 1, 1997 a proposal for a program of grants, to be made to municipal libraries across the state which conform to the Massachusetts library association's standards of operation and whose collection development purchases are categorically proportionate to its circulation statistics; provided, however, that no municipality shall receive more than two such grants per calendar year; and provided further, that one such grant shall equal one full-time equivalent position.
SECTION 286. The department of correction, in collaboration with the executive office of elder affairs, is hereby directed to study the costs associated with creating a separate housing area for elderly and ill members of the prison population. Said housing area may be a wing that is an existing part of a house of correction or jail, or may be proposed as new construction. Said study shall determine the costs associated with both housing scenarios, and provide inmate census information delineating the total elderly state prisoner population, including information on illnesses and problems the elderly population encounters that are related to their age. The study shall also provide information on the population of prisoners that are not elderly, but have long term illnesses, and are still members of the general population, specifically, not including those prisoners that are mentally ill or housed in a long term care facility such as the Lemuel Shattuck hospital. Said information shall be used in determining the problems encountered by that population that are related to their illnesses. When examining the costs and implications of creating a separate wing for both populations, said department shall delineate the benefits and liabilities of combining both populations and shall make recommendations regarding the proposal. The department shall report the results of said study to the joint committee on public safety and senate and house committees on ways and means by April 1, 1998.
SECTION 287. The Massachusetts Bay Transportation Authority is hereby authorized and directed to conduct a comprehensive study evaluating its transportation operations. Said study shall include, but not be limited to, the following: a fiscal accounting of revenues generated and costs incurred by: (1) current bus service; (2) current light rail and rapid transit service; and (3) commuter rail operations; a fiscal accounting of any and all programmed or planned outsourcing of bus service; a fiscal accounting of projected revenues and costs of expanding the current scope of operations, including, but not limited to, the urban ring project, so-called, the north-south rail link, so-called, and the expansion of commuter rail service along the Old Colony line, so-called. Said study shall also evaluate the costs and benefits of establishing reverse commuter rail services, so-called, service which allows commuters to travel from central city locations to outlaying suburban destinations. The results of said study shall be submitted to the joint committee on transportation, the house and senate committees on ways and means, and the house and senate clerk not later than December 31, 1997.
SECTION 288. There is hereby established a special commission which shall study and make recommendations concerning whether the commonwealth should participate in the Federal Prison Industries enterprise program. The members of the commission shall be one representative each of the Criminal Justice Policy Coalition, the Massachusetts Housing and Shelter Alliance, the St. Francis House, the Massachusetts Halfway Houses, the Massachusetts Bar Association, the Associated Industries of Massachusetts, the Massachusetts State Labor Council, AFL-CIO, and the director of the department of labor and workforce development or his designee, the commissioner of the department of corrections or his designee, and the house and senate chairpersons of the joint committee on public safety. Said commission shall file its final report, including any proposed legislation, with the clerks of the senate and house of representatives and with the governor on or before the second Monday of December, 1997.
SECTION 289. The Massachusetts Bay Transportation Authority is hereby authorized and directed to undertake a comprehensive study reevaluating the current operations of Massachusetts Bay Transportation Authority bus service. Said study shall include, but not be limited to, the cost of providing current bus service, the cost of maintaining the current service with certain cost savings initiatives to be jointly examined and discussed by the authority and those currently providing bus service, the projected cost savings expected from altering the current provision of such service, the number of employees who will be affected by altering the current provision of such service, and the impact altering the current provision of such service will have on federal funding to the authority as a result of the provisions of section 13(c) of the Urban Mass Transportation Act of 1964. Said study shall be submitted to the joint committee on transportation, the joint committee on state administration and the house and senate committees on ways and means not later than October 1, 1998. Notwithstanding any other general or special law to the contrary, current operations of the Massachusetts Bay Transportation Authority bus routes shall not be privatized before December 1, 1997.
SECTION 290. There is hereby established a special commission for the purposes of making an investigation and study relative to the methods of achieving a long-term solution to the problem of private and commercial pollination. Said commission shall consist of one member of the senate, one member of the house of representatives, one member of the department of food and agriculture, or his designee, and four members appointed by the governor, one of whom shall be a beekeeper, one of whom shall be an owner and operator of an orchard, and one of whom shall have a particular expertise in agricultural concerns. The special commission shall report the results of its investigation and study, together with its recommendations, if any, by filing the same with the clerks of the senate and house of representatives not later than January 1, 1998.
SECTION 291. The executive office of environmental affairs, the department of environmental protection, the department of economic development and the strategic envirotechnology partnership, so-called, shall conduct a study and prepare a report which shall include, but not be limited to, an assessment and evaluation of the supply of recyclable materials and the demand for recyclable materials in the commonwealth, the development of a strategic plan to promote the use of recyclable materials, and a review of the clean environment fund. Said report shall include, but not be limited to, estimates of quantities of nonhazardous solid waste generated by residential, municipal, commercial, and construction and demolition sources; an assessment and evaluation of the quantity of materials collected and recovered as recyclable materials, the amount of recyclable materials potentially available as postconsumer waste, the amount of recyclable materials reclaimed and processed, and the amount of recyclable materials sold and used as materials or commodities for the manufacture or production of new goods or products. Materials evaluated shall include, but not be limited to: glass, plastic, metal, paper, wood, organics and tires. Said report shall include an estimate of the savings to the commonwealth of the diversion of recyclable materials by avoided costs such as tipping fees, landfill construction and incineration and other associated costs of solid waste management. Said report shall present a detailed analysis of the potential for successful recycling of each material under investigation, including an objective analytical approach which identifies materials with stable or mature markets, problematic materials which may require stimulation through development initiatives at the state or local level, barriers to market demand and materials with promising demand trends for the future. Said report shall assess and evaluate the impact of existing state and local programs on the supply and demand of recyclable materials. Said report shall include a strategic plan with the goal of using state and local resources to maximize voluntary private activity and investment in using recyclable materials in manufacturing and production, promotion and the use of recyclable materials in manufacturing and production, and increasing the demand for new goods or products made with recyclable materials. Said report shall estimate supply and demand by materials beginning in 1994, including projections through 2001. Said report shall provide a methodology and model for ongoing assessment of Massachusetts recycling markets in the future, to be prepared separately or as part of subsequent versions of the solid waste master plan. Said report shall include a projection of the sources and uses of the Clean Environment Fund from fiscal year 1998 to fiscal year 2000, and recommendations on ensuring that said Fund exclusively supports the achievement of the goals stated in the Solid Waste Master Plan. Said report shall be filed with the house and senate committees on ways and means and the joint committee on natural resources and agriculture not later than April 1, 1998.
SECTION 292. The Massachusetts Bay Transportation Authority is hereby authorized and directed to study and report on or before May 15, 1998 to the joint committee on transportation, the means and costs of replacing the wheels on all trains serving the authority's transit lines for purposes of noise mitigation.
SECTION 293. Notwithstanding the provisions of any general or special law to the contrary, the department of mental retardation is hereby directed to submit a report to the house and senate committees on ways and means further detailing a report released by said department on September 20, 1996 on the waiting list for services at said department. Said report shall include, but not be limited to, the following: (i) a description of the criteria used by said department to classify the unserved or underserved status, so-called, of consumers waiting for services; (ii) a description of the criteria used by the department to determine that certain levels of service received by said underserved consumers are unsatisfactory or incomplete; and (iii) the criteria used by the department to define the unmet needs, so-called, of consumers. Said report shall also detail said waiting list for services by the number of consumers waiting for residential services, the number of consumers waiting for day and work services, and the number of consumers waiting for family support services, so-called. Said report shall also detail the number, cost and emergency nature of emergency residential placements funded by the department during fiscal year 1997. Said report shall be submitted to the house and senate committees on ways and means not later than November 1, 1997.
SECTION 294. (a) In order to promote accountability for effective management and stewardship of public funds, and to achieve and demonstrate measurable educational outcomes, the institutions shall certify achievement of public higher education accountability objectives through a performance measurement system. The board of higher education, in this section called the board, in conjunction with the institutions, shall develop said system including specific performance measures with which to evaluate the institutions and with which to compare them with peer institutions with similar missions in other states. The board shall conduct not less than three regional public hearings on the measures proposed to be incorporated into said system.
(b) The board, in consultation with the councils of state and community colleges, shall identify peer institutions for the state and community colleges. The higher education accountability objectives shall include, but not be limited to, the following: (1) to make public higher education more affordable; (2) to improve student access and academic achievement; (3) to recruit qualified students; (4) to respond to specific needs of the workplace, as defined by business and labor; (5) to provide policy research addressing the needs of the commonwealth and local communities; (6) to ensure cost-effective use of resources at each institution and across all institutions, and manage campuses as efficiently as possible; (7) to promote collaboration among the campuses and with the private sector; (8) to support kindergarten to grade 12 education programs; and (9) to maximize fundraising from private sources.
(c) In order to measure the achievements and expected outcomes of the commonwealth's system of public higher education, the board shall form, no later than September 1, 1997, separate task forces for the state and community college segments consisting of presidents or their appointees and members of boards of trustees of the institutions.
(d) For each of the accountability objectives, the board, in conjunction with each task force, shall establish intelligible performance measures and identify data items that must be obtained for each performance measure. Data shall be collected and analyzed on a campus, segmental and system-wide basis; provided, however, the board and the campuses shall jointly establish definitions for all data items used in the performance measurement system.
(e) In order to achieve the accountability objectives of cost effective use of resources and efficient fiscal management of the institutions, each task force shall match or improve upon standards established by National Association of College and University Business Officers. Said performance measurement system shall be regularly evaluated and revised by the board in consultation with the institutions to ensure that it continues to measure the achievements and expected outcomes of the commonwealth's public higher education system. Said accountability objectives, performance measures and data items shall be submitted to the house and senate committees on ways and means, and the joint committee on education, arts and humanities. Implementation of said performance measurement system shall commence not later than July 1, 1998.
(f) The board shall use said accountability objectives, performance measures, and expected outcomes to conduct an annual evaluation of the performance of each institution. Any institution's failure to meet a reasonable number of said accountability objectives, as determined by the performance measures, within a given year shall be deemed underperforming. If the board finds an institution to be underperforming, the institution's board of trustees shall develop and implement a performance improvement plan and timetable to be approved by the board of higher education. Each plan shall be submitted to the house and senate committees on ways and means, and the joint committee on education arts and humanities. If the institution fails to achieve the agreed to targeted improvements and time line, funds appropriated for said underperforming institution in the following fiscal year shall be disbursed by the board of higher education to said institution's board of trustees subject to the board's approval. The board shall not be prevented from amending the institutional allocation of an underperforming institution.
(g) Not later than January 1 of each year, the chancellor of the board of higher education shall submit to the governor and the general court a condition of higher education report which details the condition and performance of each public higher education institution. The board shall issue its first report not later than January 1, 1999.
(h) The board shall structure its staff and financial resources to provide technical assistance to institutions to help them identify problems and assist them with formulating and implementing plans to meet said accountability measures.
(i) The board of trustees of the University of Massachusetts is hereby directed to develop a performance measurement system for the university, in consultation with the board of higher education. The objectives of said performance measurement system shall include the following: (1) to promote student access and affordability; (2) to recruit qualified undergraduate and graduate students; (3) to promote student success; (4) to pursue theoretical and applied research, scholarship and creative activity; (5) to contribute to the economic development of the commonwealth; (6) to support kindergarten to grade 12 education programs; (7) to provide policy research addressing the needs of the commonwealth and local communities; (8) to ensure cost effective use of resources; and (9) to maximize fundraising from private sources. Said system shall include performance indicators for each of these purposes and identify data to be used in measuring performance. The board of trustees may compare institutional performance with the performance of peer institutions with similar missions as part of its evaluation process.
(j) Implementation of said university performance measurement system shall commence not later than July 1, 1998. The university shall adopt an implementation plan and timetable for meeting performance measures established by said system. The board of trustees shall report annually to the governor and the general court on the results of said performance measurement system, including recommendations for improvements to the system and for achieving improved levels of performance where necessary. Said board of trustees shall issue its first report on or before January 1, 1999.
SECTION 295. The department of public health is hereby authorized and directed to conduct a study and file a report on a five year program of osteoporosis education and screening services. Said report shall include, but not be limited to, the amount of state spending proposed, a statement of reasons in support of said amount, and efforts to be undertaken by said department to establish and increase alternative sources of funding. Said report shall be filed with the joint committee on health care and the house and senate committees on ways and means not later than December 21, 1997.
SECTION 296. The department of fire services shall submit to the house and senate committees on ways and means not later September 15, 1997 a capital plan for the establishment of regional firefighter training facilities; provided, however, that said plan shall include an analysis of training facility capacity and the demand for firefighter training; provided further, that said plan shall delineate proposed locations for additional regional training facilities and the justification for said proposed locations.
SECTION 297. The division of medical assistance is hereby authorized and directed, for the purposes of MassHealth cost allocation and budget neutrality compliance, to develop a method for identifying the eligibility days and absolute numbers of traditional beneficiaries and expansion beneficiaries as defined by clauses (a) to (e), inclusive, of subsection (2) of section 9A of chapter 118E of the General Laws. Said method shall allow the division to allocate costs accurately among items 4000-0500, 4000-0700, and 4000-0860 in section 2 of this act and shall establish the basis for caseload, expenditure and revenue projection necessary to establish the budget neutrality finding required by said section 9A of said chapter 118E. The division shall report on said allocation method to the house and senate committees on ways and means and the secretary of administration and finance no later than November 1, 1997. Said report shall further identify any differences between said method and any federally required allocation method necessary to comply with the terms and conditions of the demonstration project medicaid waiver known as MassHealth.
SECTION 298. The statewide emergency telecommunications board, as established by section 18B of chapter 6A of the General Laws, shall submit to the house and senate committees on ways and means not later than September 15, 1997 a report detailing the technological feasibility of implementing a statewide nonemergency abbreviated dial telecommunications system, as a method of reducing the number of nonemergency telephone calls received by emergency telecommunications systems; provided, however, that said report shall detail alternative methods of reducing nonemergency telephone calls received by emergency telecommunications systems; provided, further, that said report shall detail the budgetary ramifications of implementing and maintaining said nonemergency telecommunications system and of any alternative methods contained in said report; and provided further, that said report shall contain said board's recommendations on the most efficient method of reducing nonemergency telephone calls to emergency telecommunications systems.
SECTION 299. The department of education is hereby authorized and directed to study the method of allocation of all grants funded with monies appropriated in this act from the education reform funding schedule specified in section 68 of chapter 71 of the acts of 1993 to local education authorities so-called, and to determine the most appropriate method of allocation of said grants. The department shall submit a report to the house and senate committees on ways and means no later than February 15, 1998, detailing which grants are most appropriately awarded on a competitive basis, a schedule by which the awarding of said grants can and should be converted to a competitive process, and which grants are most appropriately funded by means of entitlement.
SECTION 300. The commissioner of the division of capital planning and operations is hereby authorized and directed to report to the house and senate committees on ways and means on an implementation plan for a system of notification for mayors, city councilors or selectmen of a city or town upon the placement of a notice of need by said division in the central register published by the secretary of state. Said report shall include, but not be limited to, any costs associated with the implementation of said system of notification, the amount of staff hours necessary to comply with said system of notification, and any recommendations, including any necessary enabling or other legislation, necessary to effectuate said system of notification. Said report shall be filed with the house and senate committees on ways and means on or before September 15, 1997.