SECTION 51. Section 10 of said chapter 8, as so appearing, is hereby amended by striking out, in line 9, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 52. Section 16A of said chapter 8, as so appearing, is hereby amended by striking out, in line 22, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 53. Section 17 of said chapter 8, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 54. Section 35G of chapter 10 of the General Laws, as so appearing, is
hereby amended by striking out the second paragraph and inserting in place thereof the
following paragraph:-
All revenues credited under this section shall remain in said Motorcycle Safety Fund, subject to
appropriation, to administer a motorcycle safety program which shall include, but not be limited
to, funding Motorcycle Safety Foundation approved rider education courses and instructor
training, as well as public awareness efforts. The state treasurer shall not deposit such revenues
in or transfer such revenues to the General Fund or any other fund other than the Motorcycle
Safety Fund. The motorcycle safety program shall be administered by the executive director of
the governor's highway safety bureau under the direction of the secretary of public safety. Said
bureau shall maintain a policy manual for the program that shall provide minimum requirements
for instructors and businesses that offer approved rider education courses in the commonwealth.
N.B. - The Acting Governor has vetoed this section
SECTION 55. Said chapter 10 is hereby further amended by striking out section 59, as
so appearing, and inserting in place thereof the following section:-
Section 59. There is hereby established on the books of the commonwealth a separate fund
known as the Head Injury Treatment Services Trust Fund. Said trust fund shall consist of monies
paid to the commonwealth pursuant to sections 20 and 24 of chapter 90 and any interest or
investment earnings on such monies. The state treasurer, ex officio, shall be the custodian of said
trust fund and shall receive, deposit and invest all monies transmitted to him under the
provisions of this section and shall credit interest and earnings on the trust fund to said trust
fund. Funds collected pursuant to said section 24 shall be appropriated for the purpose of
developing and maintaining nonresidential rehabilitation services for head injured persons in
such a manner as the commissioner of rehabilitation may direct and may be appropriated for
residential services as authorized by law. Funds collected pursuant to said section 20 shall be
appropriated by means of a revenue retention account, as defined in section 1 of chapter 29, for
the purpose of developing and maintaining residential and nonresidential rehabilitation services
for head injured persons in such manner as the commissioner of rehabilitation may direct.
N.B. - The Acting Governor has vetoed this section
SECTION 56. Chapter 14 of the General Laws is hereby amended by inserting after
section 1A the following section:-
Section 1B. There shall be within the department of revenue a division of local services headed
by a deputy commissioner who shall be appointed by the commissioner with the approval of the
secretary of administration and finance, and may be removed in like manner. Said deputy
commissioner shall be a person of ability and experience and shall devote his entire working
time to the duties of his office. Said position shall not be subject to the provisions of chapter 31
or section 9A of chapter 30. Said department shall ensure that said division shall be provided
with, subject to appropriation, such resources as may be necessary to implement the provisions
of this section.
Said division shall have under its administration and management, a bureau of municipal data
management and technical assistance, a bureau of local assessment and a bureau of accounts.
Said division shall institute programs for technical assistance and the education of financial
officials of cities and towns, for the monitoring of municipal audits performed by independent
public accountants, for the supervision of the installation of accounting systems meeting
generally accepted accounting principles, for the development and distribution of materials
which may be sold to cities and towns, for the technical assistance and training of officials of
cities, towns and districts in local property tax assessment administration, accounting and
financial management review and for such other programs as may be established from time to
time by the commissioner or deputy commissioner. Said division shall develop and maintain a
municipal data management system.
SECTION 57. Section 54 of chapter 15 of the General Laws, as so appearing, is hereby amended by inserting after the word "board", in line 122, the following words:- , the chairmen of the house and senate committees on ways and means, the house and senate chairmen of the joint committee on education, arts and humanities and the secretary of administration and finance.
SECTION 58. The third paragraph of section 19A of chapter 15A, as so appearing, is hereby amended by striking out clause (1) and inserting in place thereof the following clause:- (1) eligibility for the program shall be limited to persons who have graduated in the top 15 per cent of their undergraduate classes or who have graduated with honors designations, as certified by the institution attended by any such applicant;.
SECTION 59. Said chapter 15A is hereby further amended by inserting after section
24 the following section:-
Section 24A. With respect to purchases by a board of trustees authorized by section 24,
including a purchase by the board of trustees of the University of Massachusetts as authorized by
section 13 of chapter 75, a board of trustees and the board of higher education may join together
for its purchases with one or more public or private educational institutions in the
commonwealth for the purpose of forming or joining a cooperative purchasing consortium to be
known as the Massachusetts Higher Education Consortium; provided, however, that each such
educational institution shall accept sole responsibility for all payments, debts and liabilities due
the vendor for its share of such purchases. Said consortium shall be governed by a board of
directors elected by its member institutions. Any paid staff of the consortium shall be located on
the campus of a public member. Compensation of such staff shall be paid by dues or other
consortium income and not by appropriation by the commonwealth; provided, however, that
such staff may only enter into purchase agreements that have been procured through public
bidding. Said consortium shall publish an annual report of its activities, which report shall
include an audited financial statement which shall have been independently audited by a certified
public accountant.
SECTION 60. Section 17A of chapter 21 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 7 and 8, the words "rotate annually among" and inserting in place thereof the following words:- be by vote of.
SECTION 61. Said section 17A of said chapter 21, as so appearing, is hereby further amended by striking out, in lines 38 and 39, the words "snowmobiles and other safety, rescue and patrol equipment appropriate for winter use," and inserting in place thereof the following words:- safety, rescue, patrol and maintenance equipment.
SECTION 62. The seventh paragraph of section 8 of chapter 21A of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Said department shall administer and maintain a riverways program that shall provide, in addition to other services, technical assistance to cities, towns and citizens groups regarding protection and restoration of the ecological integrity of rivers, streams and riparian lands and promotion of public access to such rivers, streams and riparian lands.
SECTION 63. Chapter 21A of the General Laws is hereby amended by inserting after
section 4A the following section:-
Section 4B. There is hereby established within the executive office of environmental affairs an
office of geographic and environmental information. Subject to appropriation, it shall be the
responsibility of said office to collect, consolidate, store and provide geographic and
environmental information in order to improve stewardship of natural resources and the
environment, promote economic development and guide land-use planning, risk assessment,
emergency response and pollution control. In order to accomplish such purposes, the duties of
said office shall include, but not be limited to:
(a) fostering cooperation among local, state, regional and federal government agencies, academic
institutions and the private sector in order to improve the quality, access, cost-effectiveness and
utility of geographical and environmental information as a strategic resource for the state;
(b) coordinating data sharing and executing data sharing agreements among all levels of
government and private users;
(c) identifying, developing, correcting, updating, distributing and assembling geographical and
environmental data;
(d) setting standards for the acquisition and management of geographical and environmental data
by any agency, authority or other political subdivisions of the commonwealth;
(e) providing technical assistance, training and computer hardware, software and programming
to municipalities, regional agencies or political subdivisions of the commonwealth;
(f) archiving and serving as a depository for geographical and environmental information and
developing public access to and distribution of such information;
(g) creating a network of regional service centers, subject to appropriation, to assist
commonwealth, its political subdivisions and the public in developing and using GIS technology
and data;
(h) requiring that all GIS data funded through grants in any part by the commonwealth shall
conform to standards developed by the office and be made available for distribution;
(i) creating a category of commonwealth resources of the natural, cultural and historical
resources in need of protection;
(j) establishing a competitive grants program, subject to appropriation, for municipalities and
regional agencies;
(k) setting up a geographic information advisory committee comprised of representatives from
state agencies, regional and local entities, academic institutions, nonprofit organizations and the
private sector which shall provide an annual report for strengthening the geographic information
system to the joint committee on natural resources and agriculture and the office; and
(l) coordinating the development and dissemination of scientific and technical expertise to
support an interagency, cross-disciplinary approach to natural resource management.
SECTION 64. The General Laws are hereby amended by inserting after chapter 21J the following chapter:
CHAPTER 21K. MITIGATION OF HAZARDOUS MATERIALS.
Section 1. As used in this chapter the following words shall have the following meanings, unless
the context clearly requires otherwise:-
"Act of God", an unanticipated grave natural disaster or other natural phenomenon of an
exceptional, inevitable and irresistible character, the effects of which could not have been
prevented or avoided by the exercise of due care or foresight. A natural disaster is unanticipated
when it is of a type unexpected given the area, the season and the past history of conditions.
"Advisory board", the hazardous materials mitigation emergency response advisory board
established in section 2.
"Department", the department of fire services.
"Division", the division of hazardous materials response within the department of fire services.
"Emergency mitigation response", those actions taken by the hazardous materials mitigation
emergency response team due to the release or threatened release of hazardous materials which
the department reasonably believes poses an imminent threat to the life, health or safety of the
public.
"Fiduciary", a person (a) who is acting in any of the following capacities: as an executor or
administrator as described in section 1 of chapter 197, including a voluntary executor or a
voluntary administrator; a guardian; a conservator; a trustee under a will or inter vivos
instrument creating a trust under which the trustee takes title to, or otherwise controls or
manages, property for the purpose of protecting or conserving such property under the ordinary
rules applied in the courts of the commonwealth; a court-appointed receiver; a trustee appointed
in proceedings under federal bankruptcy laws; an assignee or a trustee acting under an
assignment made for the benefit of creditors pursuant to sections 40 to 42, inclusive, of chapter
203; or a trustee, pursuant to an indenture agreement or similar financing agreement for debt
securities, certificates of interest of participation in any such debt securities or any successor
thereto; and, (b) who holds legal title to, controls or manages, directly or indirectly, any site or
vessel as a fiduciary for purposes of administering an estate or trust of which such site or vessel
is a part.
"Hazardous material", material including, but not limited to, material, in whatever form which,
because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious
or radioactive characteristics, either separately or in combination with a substance, constitutes a
present or potential threat to human health, safety or welfare or to the environment when
improperly stored, treated, transported, disposed of, used or otherwise managed. Hazardous
materials shall include, but not be limited to, oil and all substances which are included under 42
USC §9601(14).
"Hazardous materials mitigation emergency response plan", a contingency plan developed by the
hazardous materials mitigation emergency advisory board to be followed by the hazardous
materials mitigation emergency response team when responding to a release or threat of release
of hazardous materials which pose an imminent threat to the life, health or safety of the public.
"Imminent threat", a threat which poses a significant risk of harm to the life, health or safety of
the public if it were present or left unabated for even a short period of time.
"Incident commander", the local fire chief of the jurisdiction in which there has been a release or
threat of release which requires a hazardous materials mitigation emergency response.
"Indicia of ownership primarily to protect a security interest", only those interests in real or
personal property typically acquired and held as security or collateral for payment or
performance of an obligation. Such interests shall include, but not be limited to, a mortgage,
deed of trust, lien, security interest, assignment, pledge or other right or encumbrance against
real or personal property, including those security interests which have a contingent interest
component, which are furnished by the owner thereof to assure repayment of a financial
obligation, and contractual participation rights in such interests; provided, however, that the
contract conferring such rights shall confer no other interest in the site or vessel.
"Marshal", the state fire marshal.
"Oil", insoluble or partially soluble oil of any kind or origin or in any form including, but not
limited to, crude or fuel oil, lube oil or sludge, asphalt and soluble or partially soluble
derivatives of mineral, animal or vegetable oil.
"Owner" or "operator", "Owner" or "operator" as defined in section 2 of chapter 21E.
"Person", an agency or political subdivision of the federal government or the commonwealth, a
state, public or private corporation or authority, an interstate body, foreign nation, individual,
trust, firm, joint stock company, partnership, association or other entity and any officer,
employee or agent of such person and any group of persons.
"Public utility company", a public utility as defined in clause (7) of paragraph (j) of section 5 of
chapter 21E.
"Release", a spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping,
leaching, dumping or disposing into the environment, but excluding: (a) emissions from the
exhaust of an engine; (b) release of source, byproduct or special nuclear material from a nuclear
incident, as such terms are defined in 42 USC §2014, if such release is subject to
requirements with respect to financial protection established by the Nuclear Regulatory
Commission under 42 USC §2210; (c) the normal application of fertilizer; and (d) the
application of pesticides consistent with their labeling.
"Secured lender", (a) a person who holds indicia of ownership in a site or vessel primarily to
protect that person's security interest in such site or vessel; (b) two persons when one holds
indicia of ownership in a site or vessel primarily to protect the other person's security interest in
such site or vessel if the person holding the indicia of ownership is: (1) wholly-owned by the
person holding the security interest; or (2) an affiliate of the person holding the security interest
and both are wholly-owned, directly or indirectly, by the same person; and (c) persons who hold
contractual participation rights in a security interest and any of the following which hold indicia
of ownership in a site or vessel primarily to protect that security interest: (1) a wholly-owned
subsidiary of any such person; (2) an affiliate of any such person if both are wholly-owned,
directly or indirectly, by the same person; and (3) any entity formed among such persons,
subsidiaries or affiliates.
"Site", a building, structure, installation, equipment, pipe or pipeline, including a pipe into a
sewer or publicly-owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill,
storage container, motor vehicle, rolling stock or aircraft, or any other place or area where oil or
hazardous material has been deposited, stored, disposed of, or placed or otherwise come to be
located and which requires an emergency mitigation response. Site shall not include a consumer
product in consumer use or a vessel.
"Team leader", an individual vested with the authority to oversee and command the operation of
the hazardous materials mitigation emergency response team during an emergency mitigation
response action.
"Threat of release", a substantial likelihood of a release which requires action to prevent or
mitigate an imminent threat to the life, health or safety of the public which may result from such
release.
"Trade secret", anything tangible which constitutes, represents, evidences or records a secret
scientific, technical, merchandising, production or management information, design, process,
procedure, formula, invention or improvement.
"Vessel", every description of watercraft or other artificial contrivance used or capable of being
used as a means of transportation on water.
Section 2. There is hereby established within the department a hazardous materials mitigation
emergency response advisory board. Said board shall review the development of standards,
rules, procedures and regulations for hazardous materials mitigation emergency response and
cost recovery. The board shall consist of the state fire marshal or his designee, the commissioner
of environmental protection or his designee and four members to be appointed by the governor,
two of whom shall be representatives of the Fire Chiefs Association of Massachusetts, neither of
whom shall be a hazardous materials technician, and two of whom shall be representatives of the
Professional Fire Fighters of Massachusetts, of whom one shall be a hazardous materials
technician. The commissioner of environmental protection or his designee shall be a nonvoting
member. No member shall receive compensation for service as a member of the board but shall
receive from the commonwealth reimbursement for all expenses necessarily incurred in
connection with his official duties. The governor shall appoint each member for a term of three
years. Any member shall be eligible for reappointment.
Section 3. The department, acting through the division, administered by the state fire marshal or
his designee, shall prepare and from time to time update a hazardous materials mitigation
emergency response plan. The department, in consultation with the board, shall promulgate such
regulations, procedures and standards as it deems necessary for the implementation,
administration and enforcement of this chapter. Such regulations, procedures and standards shall
be developed by the department with input and review of the board and may include provisions
waiving or limiting the applicability of this chapter as to any matter which the department
determines to be adequately regulated by another program or government agency. The
department shall integrate its implementation and enforcement of this chapter in conjunction
with other programs established for the protection of the public health, safety, welfare and the
environment, including the National Contingency Plan and the Massachusetts Contingency Plan.
Section 4. The department may, at the request of the local fire department or on its own
authority, dispatch member departments of the hazardous materials mitigation emergency
response plan to a site in the commonwealth for the purpose of conducting an emergency
mitigation response for a hazardous material release or threat of release. During a declared
emergency mitigation response action, the team leader shall have complete operational authority
for hazardous materials team operations at all times. Once the team leader has determined that
the imminent threat of harm from the hazardous materials release has been satisfactorily
mitigated, the team leader shall thereafter notify the incident commander. The incident
commander shall have authority over the emergency mitigation response site during a declared
emergency mitigation response.
Any emergency mitigation response action taken by a member department under the hazardous
materials mitigation emergency response plan shall be deemed to have been taken on behalf of
the department and for the benefit of the commonwealth for the purpose of implementing the
provisions of this chapter. Nothing in this chapter shall be construed in any manner to limit or
abridge the right of the department of environmental protection to respond to a release or threat
of release pursuant to chapter 21E.
Section 5. (a) Except as otherwise provided in this section: (1) the owner or operator of a vessel
or a site from which there is or has been a release of hazardous materials; (2) any person who at
the time of storage or disposal owned or operated any vessel or site from which said hazardous
materials were stored or disposed and from which there has been a release; (3) any person who
by contract, agreement or otherwise directly or indirectly arranged for or engaged in the
transport, disposal, storage or treatment of hazardous materials in a site or from a vessel from
which there is or has been a release of hazardous materials; or (4) any person who otherwise
caused or is legally responsible for a release of hazardous materials from a vessel or a site, shall
be liable, without regard to fault, to the commonwealth for the reimbursement of all associated
costs, as determined by the department, for an emergency mitigation response action.
(b) The department shall provide an owner, operator or other party whom it reasonably believes
to be responsible with an itemized bill of all costs incurred for which the department is seeking
reimbursement. Such bill shall be so provided within 60 days from the department ascertaining
the identity of the owner, operator or other responsible party reasonably believed to be liable and
such bill shall: (1) identify the vessel or the site and date where the response occurred; (2)
identify and describe the response action taken; and (3) describe the legal and factual basis for
the department's claim to the noticed party for liability pursuant to this section.
(c) Reimbursement for emergency mitigation response costs pursuant to this chapter shall be in
addition to any other remedy otherwise available and shall not be construed in any manner to
limit or abridge the right of a person, including the commonwealth, to recover all other
reasonable costs, damages, penalties or fines pursuant to chapter 21E, or any other applicable
law, statute, rule or regulation.
(d) No person, except a person liable pursuant to this chapter, who without charge provides
assistance at the request of a duly authorized representative of the department in mitigating a
hazardous materials release, shall be held liable for civil damages as the result of an act or
omission by him in mitigating a hazardous materials release, except for acts or omissions of
gross negligence or willful misconduct.
(e) There shall be no liability under subsection (a) for a person otherwise liable who can
establish by a preponderance of the evidence that the release of hazardous material and the costs
incurred as a result of an emergency mitigation response by the department resulting therefrom
were caused by: (1) an act of God; (2) an act of war; or (3) an act or omission of a third party
other than an employee or agent of the person, or of one whose act or omission occurs in
connection with a contractual relationship directly or indirectly with the person, if such person
establishes that he exercised due care with respect to the hazardous material and that he took
precautions against foreseeable acts or omissions of a third party and the consequences that
could foreseeably result from such act or omission.
(f) A person who owns a one to four family residence that is an emergency mitigation response
site at which the department has incurred emergency mitigation response costs for the release of
oil shall not be liable to the department for those costs if he can establish by a preponderance of
the evidence that: (1) he is not a person described in clauses (3) and (4) of subsection (a); (2) the
site was being used exclusively as a one to four family residence throughout his ownership and
he claimed permanent residency at the site; and (3) he immediately notified the local fire
department of the release of oil as soon as he had knowledge of it.
(g) All persons liable pursuant to this section for costs incurred as the result of an emergency
mitigation response shall be liable jointly and severally.
(h) No indemnification, hold harmless or similar agreement or conveyance shall be effective to
transfer from the owner or operator of a site or from any other responsible person who may be
liable for a release of hazardous material under this section to any other person the liability
imposed under this section. Nothing in this subsection shall bar any agreement to insure, hold
harmless or indemnify a party to such agreement for any liability under this section.
(i) Notwithstanding any other provision of this chapter, no person who is otherwise liable for a
hazardous material release for which the department has incurred costs from an emergency
mitigation response pursuant to this chapter, shall avoid, reduce, or postpone such liability or
such person's ability to pay for such liability or be allowed to avoid, reduce or postpone such
liability or such person's ability to pay for such liability: (1) by establishing any form of estate or
trust if such estate or trust is intended to be a device to avoid, reduce or postpone such liability
or such person's ability to pay such liability; (2) by establishing indicia of ownership to protect
what purports to be a bona fide security interest but what is intended to be a device to avoid,
reduce or postpone such liability or such person's ability to pay for such liability; (3) by a
conveyance or transfer of ownership or control of property or assets of any kind that purports to
be a bona fide transaction but which is intended to avoid, reduce or postpone such liability or
such person's ability to pay for such liability; or (4) by any other means that purport to be bona
fide but are intended to avoid, reduce or postpone such liability or such person's ability to pay
for such liability.
(j) An agency of the commonwealth or a public utility company that owns a right of way that is
a site at which the department has incurred costs for an emergency mitigation response shall not
be liable to the commonwealth for such costs if the agency or public utility can establish by a
preponderance of the evidence that: (1) it is not the owner or operator of any building, structure,
installation, equipment, pipe or pipeline, including any pipe into a sewer or publicly owned
treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor
vehicle, rolling stock, or aircraft from which the release has occurred; (2) it is not a person or
successor to a person described in clause (2), (3), or (4) of paragraph (a); (3) no act of the
agency or public utility company, or of the agency or public utility company's employee or
agent, caused or contributed to the release of hazardous materials or caused the release of
hazardous materials to become worse than it otherwise would have been; (4) it notified the local
fire department and the department of environmental protection immediately upon knowledge of
a release in accordance with the provisions of chapter 21E; (5) it provided reasonable access,
including moving utilities or disrupting service to the site, to the department to conduct
emergency mitigation response; or (6) it did not know or have reason to know of the presence of
hazardous material on the site when it came into possession of the right of way.
(k) In an action for recovery by the department of the costs of an emergency mitigation response
under this chapter, liability to the commonwealth shall be only for the department's actual
recoverable response costs, plus litigation costs and reasonable attorney's fees. However, if the
court finds by a preponderance of the evidence that any person who is liable has failed to act
reasonably or in good faith by refusing to reimburse the department for emergency mitigation
response costs as provided by this chapter, it may in its own equitable discretion award the
commonwealth up to three times the total actual recoverable response costs, litigation costs, and
attorney's fees.
(l) Notwithstanding the provisions of any general or special law to the contrary, all monies
collected by the commonwealth under this chapter by reimbursement, settlement, judgment or
otherwise shall be deposited into the general fund.
Section 6. No court shall have jurisdiction to review any issue concerning the adequacy of any
emergency mitigation response conducted by the department unless the proceeding in court is an
action under section 5 to recover costs of an emergency mitigation response action.
Section 7. (a) Any owner, operator or other responsible party reasonably believed to be liable
who is aggrieved by any action of the department may petition the department for administrative
review of its actions within ten days of receipt of notice as provided in section 5. The
department's review and the procedures for reviewing responses made by the department shall
not be adjudicatory proceedings and shall not be subject to the provisions of chapter 30A or any
other law governing adjudicatory proceedings. Any owner, operator or other responsible party
aggrieved by the decision of the department may bring a civil action in the nature of certiorari
pursuant to section 4 of chapter 249; provided, however, that such action shall be commenced
within 30 days of the date of determination on review made by the department.
(b) Upon request of the department, the attorney general may bring an action to recover all costs
incurred by the commonwealth for an emergency mitigation response as the result of a
hazardous material release.
(c) Actions brought by the attorney general pursuant to this chapter to recover emergency
mitigation response costs and actions brought by the attorney general to enforce or foreclose
liens recorded or filed pursuant to this chapter shall be commenced within five years from the
date the commonwealth incurs all such costs or five years from the date the commonwealth
discovers that the person against whom the action is being brought is a person liable pursuant to
this chapter for a hazardous material release for which the commonwealth has incurred
emergency mitigation response costs, whichever is later.
Section 8. Any liability to the commonwealth under this chapter shall constitute a debt to the
commonwealth. Any such debt, together with interest thereon at the rate of 12 per cent per
annum from the date such debt becomes due, shall constitute a lien on all property owned by
persons liable under this chapter when a statement of claim naming such persons is recorded,
registered or filed. If a fiduciary or secured lender has title to or possession of the property and is
not a person liable under this chapter when a statement of claim is recorded, registered or filed,
such debt and interest thereon at the rate of 12 per cent per annum from the date the debt
becomes due, shall constitute a lien on the property in question when a statement of claim
describing the property is duly recorded, registered or filed. Any lien on real property shall be
effective when duly recorded at the registry of deeds or registered in the registry district of the
land court in the county or district wherein the land lies. Any lien for personal property, tangible
or intangible, shall require a statement to be filed in accordance with the provisions of chapter
106. Any such statement shall be approved by the department. A lien recorded, registered or
filed pursuant to this section shall have priority over any encumbrance theretofore recorded,
registered or filed with respect to any site, other than real property principally used as residential
housing, described in such statement of claim. All other personal property shall be subject to the
priority rules of said chapter 106. Such lien shall continue in force with respect to any real or
personal property until a release signed by the department is recorded, registered or filed in the
place where the statement of claim as to such property affected by the lien was recorded,
registered or filed. The department shall forthwith issue such a release in any case where the
debt for which such lien attached, together with interests and costs thereon, has been paid or
legally abated. If no action to enforce or foreclose the lien is brought by the deadline prescribed
in subsection (b) of section 7, the lien shall be discharged after such deadline. This section shall
not apply in any manner to a public utility.
Section 9. Notwithstanding the provisions of any general or special law to the contrary, any
information, record or particular part thereof obtained by the department, its personnel or
contractors pursuant to the provisions of this chapter, upon request shall be confidential and shall
not be considered to be a public record when it is determined by the state fire marshal that such
information, record or report relates to secret processes, methods of manufacture or production
or that such information, record or report, if made public, would divulge a trade secret.
SECTION 65. Section 1 of chapter 23A of the General Laws, as so appearing, is
hereby amended by adding the following paragraph:-
(c) The department may make discretionary and nondiscretionary grants to persons or public or
private nonprofit entities for projects and programs which further implement the mission of the
department and its agencies and which benefit the general public; provided, however, that said
department shall annually make a report to the secretary of administration and finance and the
house and senate committees on ways and means on the use of such funds; and provided further,
that any such grant shall be issued in accordance with regulations promulgated pursuant to
section 15 of chapter 7A of the General Laws.
SECTION 66. Said chapter 23A is hereby further amended by striking out section 3B,
as so appearing, and inserting in place thereof the following section:-
Section 3B. There shall be an economic assistance coordinating council, established within the
Massachusetts office of business development. Said council shall consist of: the director of
economic development or his designee who shall serve as co-chairperson; the director of housing
and community development or his designee who shall serve as co-chairperson; the director of
labor and workforce development or his designee; the deputy director of the department of
economic development having oversight responsibility of the Massachusetts office of business
development or his designee; the president of the Corporation for Business, Work and Learning
or his designee; and seven members to be appointed by the governor, one of whom shall be from
the western region of the commonwealth, one of whom shall be from the central region of the
commonwealth, one of whom shall be from the eastern region of the commonwealth, one of
whom shall be from the southeastern region of the commonwealth, one of whom shall be from
Cape Cod or the islands, one of whom shall be a representative of a higher educational
institution within the commonwealth and one of whom shall be from the Merrimack valley, all
of whom shall have expertise in issues pertaining to training, business relocation and inner-city
and rural development, and all of whom shall be knowledgeable in public policy and
international and state economic and industrial trends. Each member appointed by the governor
shall serve at the pleasure of the governor. Said council shall adopt bylaws to govern its affairs.
SECTION 67. Clause (ii) of paragraph (a) of section 3D of said chapter 23A is hereby
amended by adding the following two subclauses:-
(i) the area has sited within it a facility of at least 1,000,000 square feet, which facility would
qualify as an abandoned building within the meaning of 38O of chapter 63; or
(J) the area has sited within it a development project of at least 200 acres to be used for the
establishment of a regional technology center with the capability of supporting the build-out of
3,000,000 square feet of commercial or industrial space.
SECTION 67A. Section 3E of said chapter 23A, as so appearing, is hereby amended by striking out, in line 179, the words "so called." and inserting in place thereof the following words:- so called, or to communities applying for economic target area designation that qualify under the criteria set forth in subclauses (I) and (J) of clause (ii) of paragraph (a) of section 3D.
SECTION 68. Section 13C of said chapter 23A, as so appearing, is hereby amended by
striking out the third paragraph and inserting in place thereof the following paragraph:-
The advisory commission shall have 31 members one representative from each of the following
organizations: the Massachusetts Restaurant Association, the Massachusetts Lodging
Association, the Massachusetts Camping Ground Association, the New England Bus
Association, the Massachusetts cultural council and the Massachusetts historical commission;
one representative of a professional sports franchise located in the commonwealth, two
representatives of the Massachusetts Visitor Industry Council; the executive directors or their
designees of the following regional tourism councils: the Berkshire Hills Visitors Bureau, the
Bristol County Convention and Visitors Bureau, the Cape Cod Chamber of Commerce, the
Franklin County Chamber of Commerce, the Greater Boston Convention and Visitors Bureau,
the Worcester County Convention and Visitors Bureau, the Martha's Vineyard Chamber of
Commerce, the Greater Merrimack Valley Convention and Visitors Bureau, the Mohawk Trail
Association, the North of Boston Convention and Visitors Bureau, the Greater Springfield
Convention and Visitors Bureau, the Plymouth County Development Council, Inc., the
Nantucket Island Chamber of Commerce and the following individuals, who shall not serve as
chair: the executive director of tourism in the office of travel and tourism, the executive director
of the Massachusetts Convention Center Authority or his designee, the executive director of
Massport or his designee, the commissioner of environmental management, the commissioner of
highways or his designee, the chairman of the Massachusetts Turnpike Authority or his designee,
the Massachusetts state coordinator of the United States National Park Service, and the house
and senate chairmen of the joint committee on commerce and labor or their designees.
SECTION 69. Section 56 of said chapter 23A, as so appearing, is hereby amended by
striking out paragraph (a) and inserting in place thereof the following paragraph:-
(a) There shall be within the department of economic development a Massachusetts quasi-public
corporation and public purpose agency planning council, hereinafter referred to as the council,
which shall not be subject to the control of the department except as provided in this section.
The purpose of said council shall be to ensure regular communication and coordination between
the quasi-public corporations and public purpose agencies as to their economic development
projects, programs and plans. Said council shall consist of the chief executive officers or their
designees from each of the following agencies: the Corporation for Business, Work and
Learning; the Massachusetts Community Development Finance Corporation; the Massachusetts
Corporation for Educational Telecommunications; the government land bank; the Massachusetts
Industrial Finance Agency; the Massachusetts Technology Development Corporation; the
Massachusetts Micro Electronics Center and Massachusetts Small Business Development Center.
The council shall meet from time to time but not less frequently than monthly. The director of
economic development shall appoint personnel necessary to coordinate the activities of the
council. Said agencies shall be required to submit to the department, in a form and manner
prescribed by the department, any and all information detailing any debt or equity investment,
the nature and amount of any investments, any real estate or working capital loans, any funds or
technical assistance provided to businesses, any other forms of financing or financial assistance
provided businesses, the number of businesses created or enhanced as a result of such
investments or assistance and the number of jobs created as a result of such investments or
assistance. The department shall aggregate all such data and annually submit a report to the
secretary of administration and finance and the house and senate committees on ways and
means. The council may review and determine whether the present regional offices operated by
a corporation subject to this section would appropriately serve the goals of the council in
establishing and implementing a more coordinated economic development policy; provided,
however, that the council shall maintain not more than eight regional offices through the
expansion of offices already in operation or by establishing new offices. Each such office shall
be responsible for the implementation of the coordinated plans, programs and projects in its
region of the state.
SECTION 70. Section 11C of chapter 25A of the General Laws, as so appearing, is hereby amended by striking out, in lines 18, 20, 52, 54, 57 and 58, 120, 123, 132, 136 and 142 and 143, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 71. Chapter 28A of the General Laws is hereby amended by adding the
following
section:-
Section 17. Upon petition of the office, the superior court shall have jurisdiction to enter an
order permitting the office to enter and inspect, under such conditions as the court deems
appropriate, a facility operated by a person whom the office has reasonable cause to believe is
subject to licensure or approval under this chapter.
SECTION 72. Section 1 of chapter 29 of the General Laws, as appearing in the 1996
Official Edition, is hereby further amended by inserting after the definition of "Appropriation"
the following definition:-
"Balanced budget", a condition of state finance in which the consolidated net surplus at the end
of the fiscal year is greater than or equal to one-half of one per cent of state tax revenues of such
fiscal year.
SECTION 73. Said section 1 of said chapter 29, as so appearing, is hereby further
amended by inserting after the definition of "State revenue" the following definition:-
"State tax revenues", the revenues of the commonwealth from every tax, surtax, receipt, penalty
and other monetary exaction and interest in connection therewith including, but not limited to,
taxes and surtaxes on personal income, excises and taxes on retail sales and use, meals, motor
vehicle fuels, businesses and corporations, commercial banks, insurance companies, savings
banks, public utilities, alcoholic beverages, tobacco, inheritances, estates, deeds, room
occupancy and pari-mutuel wagering, but excluding revenues collected by the state from local
option taxes, so-called, for further direct distribution to cities and towns.
SECTION 74. Section 2F of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, 13, 22 and 23, 26 and 27, 33 and 34, 44, 51, and 56, the words "deputy commissioner of capital planning and operations" and inserting in place thereof, in each instance, the following words:- commissioner of capital asset management and maintenance,- and by striking out, in line 38, the words "deputy commissioner of capital planning and operation" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 75. Section 2G of said chapter 29, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 76. Said chapter 29 is hereby further amended by striking out section 2U, as
amended by section 48 of chapter 43 of the acts of 1997, and inserting in place thereof the
following section:-
Section 2U. (a) There shall be established and set up on the books of the commonwealth a
separate fund to be known as the Ponkapoag Recreational Fund. There shall be credited to said
fund revenues generated from fees or any other revenue source at the Ponkapoag Golf Course in
the Blue Hills Reservation in the town of Canton. Such revenues shall be credited in the
following manner: (1) the first $700,000 in revenues shall be deposited in said fund and shall be
used, subject to appropriation, for capital improvements, equipment and maintenance of said
golf course, including the costs of personnel; (2) revenues generated which are in excess of
$700,000, but less than $1,100,000, shall be credited to the general fund; and (3) revenues
generated in excess of $1,100,000 shall be credited to the subfund established pursuant to
subsection (b).
(b) The comptroller shall establish a subfund within said fund which may be expended by the
commissioner of the metropolitan district commission, without further appropriation, solely for
capital improvements, equipment, and maintenance of said Ponkapoag Golf Course. Any
unexpended balance of such subfund at the close of the fiscal year shall remain in such subfund
and shall be available for expenditure in subsequent fiscal years for the purposes of such
subfund.
SECTION 77. Section 2AA of said chapter 29, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 13 and 14, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 78. Section 2EE of said chapter 29, as so appearing, is hereby amended by striking out, in line 15, the words "including costs of personnel; provided, however" and inserting in place thereof the following words:- provided, however, that no funds expended herein shall be used for the costs associated with personnel including, but not limited to, seasonal employees and full-time equivalent employees, so-called; and provided further.
SECTION 79. Said chapter 29 is hereby further amended by striking out section 2II, as
appearing in section 49 of chapter 43 of the acts of 1997, and inserting in place thereof the
following section:-
Section 2II. (a) There shall be established and set up on the books of the commonwealth a
separate fund to be known as the Leo J. Martin Recreational Fund. There shall be credited to
said fund revenues generated from fees or any other revenue source at the Leo J. Martin Golf
Course in the town of Weston and the city of Newton. Such revenues shall be credited in the
following manner: (1) the first $450,000 in revenues shall be deposited in said fund and shall be
used, subject to appropriation, for capital improvements, equipment and maintenance of said
golf course, including the costs of personnel; (2) revenues generated which are in excess of
$450,000, but less than $865,000 shall be credited to the general fund; and (3) revenues
generated in excess of $865,000 shall be credited to the subfund established pursuant to
subsection (b).
(b) The comptroller shall establish a subfund within said fund which may be expended by the
commissioner of the metropolitan district commission, without further appropriation, solely for
capital improvements, equipment and maintenance of said Leo J. Martin Golf Course. Any
unexpended balance of such subfund at the close of the fiscal year shall remain in such subfund
and shall be available for expenditure in subsequent fiscal years for the purposes of such
subfund.
SECTION 80. Said chapter 29 is hereby further amended by striking out section 2 OO,
inserted by section 50 of said chapter 43, and inserting in place thereof the following section:-
Section 2 OO. There is hereby established and set up on the books of the commonwealth a
separate fund to be known as the Local Consumer Inspection Fund. There shall be credited to
said fund all amounts generated from item pricing fines, so-called, up to a maximum of
$300,000 in any fiscal year. Amounts credited to the fund shall be used, subject to appropriation,
for the purpose of enforcing the provisions of chapters 41, 94, 95, 96, 97, 98, 99, 100A and 101,
and such rules and regulations as the director of the division of standards shall promulgate. Any
amounts generated from said item pricing fines in excess of $300,000 in any fiscal year shall not
be credited to the fund, but shall be deposited in the general fund.
SECTION 81. Said chapter 29 is hereby further amended by inserting after section 2SS
the following two sections:-
Section 2TT. There is hereby established and set up on the books of the commonwealth a
separate fund to be known as the Liability Management and Reduction Fund. The purposes of
said fund shall be to provide: (1) insurance coverage to state agencies by charging premiums to
such agencies for the payment of judgments and settlements and the commonwealth's
investigation and litigation costs in connection with tort claims under chapter 258; (2)services to
reduce the number and size of claims against agencies including, but not limited to, risk
reduction training programs and incentive payments of not more than $1,000 for effective risk
reduction suggestions; and (3) such other services and activities as the comptroller shall
determine are desirable to create financial and other incentives for agencies to reduce the
commonwealth's tort and other monetary liability, including litigation costs; provided, however,
that on or before July 1, 1999, any and all proceeds of said fund shall be used exclusively for the
purposes outlined in clause (2). The fund shall consist of premiums charged to agencies, any
amounts appropriated for the purposes of the fund and interest income from investments made
by the state treasurer of amounts in the fund. Monies in the fund shall be expended by the
comptroller under section 16 of chapter 7A, without further appropriation, for the purposes of
the fund.
The comptroller shall submit not later than December 31 of each year to the house and senate
committees on ways and means, the secretary of administration and finance and the attorney
general a report of the activities of the fund. The report shall include a financial statement which
accounts for the revenues, expenditures and changes in fund balance for the preceding fiscal
year. The comptroller shall also submit to said committees and officials, not later than October
1, 1998 not later than October 1 of each fiscal year thereafter, a financial plan presenting all
expected and proposed revenues and other financial sources, expenditures and other financial
uses, net gain or loss from operations and changes in fund balance. The first such report shall
make specific recommendations relative to any proposed decrease in the appropriation in the
settlements and judgments account, so-called, and any corresponding increase in the
appropriation to particular agencies, as a result of the experience rating established by the
comptroller pursuant to subparagraph (c) of section 16 of chapter 7A. All such reports shall also
specify the number and duties of employees of the fund, if any, the amount of any direct
appropriation requested or expected and any other information relevant to the achievement of the
purposes of the fund. The comptroller may at any time recommend in such reports statutory
changes necessary to expand the scope of said section 16 of said chapter 7A and this section in
order to cover claims other than those asserted under chapter 258.
Section 2UU. There is hereby established and set up on the books of the commonwealth a
separate fund to be known as the Danvers State Hospital Reuse Fund. There shall be credited to
said fund the first $100,000 of the proceeds of a sale, lease or other disposition of the Danvers
State Hospital disposition site, as defined in section 2 of chapter 180 of the acts of 1997.
Amounts credited to said fund shall be available, subject to appropriation, only for expenditure
for the needs of mental health clients formerly served by the Danvers State Hospital.
N.B. - The Acting Governor has vetoed this section
SECTION 82. Section 3 of said chapter 29, as appearing in the 1996 Official Edition,
is hereby amended by striking out the first paragraph and inserting in place thereof the following
paragraph:-
An officer having charge of a state agency which receives a periodic appropriation from the
commonwealth, including all periodic appropriations to be met from state revenues, shall
annually submit statements not later than 30 days after the end of the first fiscal quarter to the
budget director and the chairmen of the house and senate committees on ways and means. Such
statements shall be revised and resubmitted not later than 30 days after the end of the second
fiscal quarter and shall include the following information: (1) the amounts, in detail,
appropriated for the preceding and the current fiscal years; (2) the interchanges during the
preceding fiscal year between the subsidiary accounts prescribed in accordance with section 27;
(3) the deficiencies and overdrafts, if any, in appropriations for the latest complete fiscal year
and for the current fiscal year; (4) estimates of the amounts required for ordinary maintenance
for the ensuing fiscal year, with an explanation of any increased appropriations recommended
and with citations of the statutes relating thereto and a statement indicating the priorities
assigned to each program by said officer; and (5) statements showing in detail the revenue of the
state agency in his charge for the latest complete fiscal year and the revenue and estimated
revenue thereof for the current fiscal year, and his estimated revenue from the same or additional
sources for the ensuing fiscal year, with his recommendations as to any changes in the
management, practices, rules, regulations or laws governing such state agency which would
effect an increase or cause a decrease in revenue from operations, fees, taxes or other sources or
which would facilitate the collection thereof; and (6) together with such other information on the
expenditures, revenues, activities, output or performance of any such state agency as may be
required by rule or regulation of the commissioner and any other information, including the
priorities assigned to each program by such officer required at any time by the budget director.
Each such officer shall also submit to the budget director and the chairmen of the house and
senate committees on ways and means a statement showing in detail the number of permanent,
temporary and part-time positions authorized for the state agency in his charge and the volume
of work performed in the latest complete fiscal year, justifying his request for permanent,
temporary and part-time positions in the ensuing fiscal year in relation to the volume of work
expected to be performed by the state agency.
SECTION 83. Section 3 of said chapter 29, as so appearing, is hereby amended by striking out, in line 43, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 84. Section 4 of said chapter 29, as so appearing, is hereby amended by striking out, in lines 20 and 21 and 26 and 27, the words "deputy commissioner of capital planning and operations" and inserting in place thereof, in each instance, the following words:- commissioner of capital asset management and maintenance.
SECTION 85. Section 5B of said chapter 29, as so appearing, is hereby amended by striking out, in line 29, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 86. Said chapter 29 is hereby further amended by striking out section 6D, as
so appearing, and inserting in place thereof the following two sections:-
Section 6D. Each appropriation account or other authorization to expend monies of the
commonwealth contained in the general appropriations and as any supplemental or deficiency
appropriations acts shall include the following information: (a) the account number of the
appropriation; (b) the purpose of the appropriation and other restrictive language; and (c) the
amount of the appropriation or the maximum expenditure allowed, set out in numeric figures.
No appropriation otherwise set out in any act shall be valid and the comptroller shall not allow
monies to be expended on any appropriation not conforming to the requirements herein
established.
The general appropriations act shall include the following sections: (a) section 2 which shall
include all direct appropriations and authorizations to retain revenue; (b) section 2B which shall
include all appropriations from the Intragovernmental Service Fund; (c) section 2C which shall
include all authorizations to continue a prior appropriation, including an amount set forth in
numeric figures of the prior appropriation continued; and (d) section 2D which shall include all
appropriations of federal grants.
Supplemental and deficiency appropriations acts shall include separate sections for: (a) direct
appropriations and authorizations to retain revenue which do not require changes to the purpose
of the appropriation or other restrictive language; (b) direct appropriations and authorizations to
retain revenue which require new or amended language regarding the purpose of the
appropriation or other restrictive language; (c) all appropriations from the Intragovernmental
Service Fund; and (d) all authorizations to continue a prior appropriation.
The provisions of this section shall apply to all appropriations of commonwealth funds,
including direct appropriations, retained revenue authorizations, federal grant appropriations,
accounts with prior appropriations continued and appropriations from the Intragovernmental
Service Fund.
This section shall not apply to appropriations which are included as part of a capital budget.
Section 6E. The governor shall recommend, the general court shall enact, and the governor shall
approve a general appropriation bill which shall constitute a balanced budget for the
commonwealth. No supplementary appropriation bill shall be approved by the governor which
would cause the state budget for any fiscal year not to be balanced.
SECTION 87. Section 7A of said chapter 29, as so appearing, is hereby amended by striking out, in line 5, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 88. Section 7B of said chapter 29, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 89. Section 7C of said chapter 29, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 90. Said section 7C of said 29, as so appearing, is hereby further amended by striking out, in line 13, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 91. Section 7D of said chapter 29, as so appearing, is hereby amended by striking out, in lines 2 and 3, 6 and 7, 15, 24, 34, 36,50, 55, 58, 62, 69, and 72, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 92. Section 7E of said chapter 29, as so appearing, is hereby amended by striking out, in lines 1 and 2, 19 and 20, 53 and 54, the words "deputy commissioner of capital planning and operations" and inserting in place thereof, in each instance, the following words:- commissioner of capital asset management and maintenance.
SECTION 93. Section 7F of said chapter 29, as so appearing, is hereby amended by striking out, in lines 1 and 2, 24 and 25, and in line 38, the words "deputy commissioner of capital planning and operations" and inserting in place thereof, in each instance, the following words:- commissioner of capital asset management and maintenance.
SECTION 94. Section 7G of said chapter 29, as so appearing, is hereby amended by striking out, in line 2, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 95. Section 7H of said chapter 29, as so appearing, is hereby amended by striking out, in lines 9 and 10 and 23, the words "deputy commissioner of capital planning and operations" and inserting in place thereof, in each instance, the following words:- commissioner of capital asset management and maintenance.
SECTION 96. Section 7I of said chapter 29, as so appearing, is hereby amended by striking out, in lines 16 and 17 and 29, the words "commissioner of capital planning and operations" and inserting in place thereof, in each instance, the following words:- commissioner of capital asset management and maintenance.
SECTION 97. Said section 7I of said chapter 29, as so appearing, is hereby further amended by striking out, in lines 20, 23, 27, 36 and 40, the word "deputy".
SECTION 98. Section 7J of said chapter 29, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 99. Section 7K of said chapter 29, as so appearing, is hereby amended by striking out, in lines 18, 30 and 31, and 39, the words "deputy commissioner of capital planning and operations" and inserting in place thereof, in each instance, the following words:- commissioner of capital asset management and maintenance.
SECTION 100. Section 29F of said chapter 29, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.