SECTION 251. Section 3 of chapter 784 of the acts of 1979, as most recently amended by chapter 807 of the acts of 1981, is hereby amended by striking out the third sentence and inserting in place thereof the following four sentences:- Said corporation shall require each purchaser to sign an agreement whereby at the time when a unit is resold, to the extent that the adjusted resale price, as defined below, exceeds the price originally paid by the purchaser, the purchaser shall pay to the commonwealth an amount equal to the difference between (i) the fair market value of the housing unit at the time the purchaser originally purchased the unit as established by an independent appraiser and (ii) the below market sales price paid by such purchaser. The adjusted resale price of the unit shall be the resale price, less actually incurred closing costs and brokerage fees, such fees not to exceed 7 per cent of the resale price. Notwithstanding any language to the contrary, upon the effective date of this act, all pending and future transactions shall apply the adjusted resale price, as established herein, in calculating the amount owed to the commonwealth upon resale of any unit. All such agreements shall expire upon the exhaustion of the established lottery list, or in the year 2005, whichever occurs first.
SECTION 252. Paragraph (h) of section 4 of chapter 372 of the acts of 1984 is hereby amended by striking out, in lines 1 and 2, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 253. Paragraph (b) of section 8 of said chapter 372 is hereby amended by striking out, in lines 31 and 32, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 254. Paragraph (c) of section 9 of said chapter 372 is hereby amended by striking out, in line 16, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 255. The second paragraph of paragraph (d) of said section 9 of said chapter 372 is hereby amended by striking out, in lines 14 and 15, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 256. Paragraph (a) of section 12 of chapter 372 of the acts of 1984 is hereby amended by striking out the fifth sentence, as appearing in section 39 of chapter 88 of the acts of 1997, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under the authority of this act shall not exceed $4,370,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.
SECTION 257. Section 16 of said chapter 372 is hereby amended by striking out the fourth sentence, as appearing in section 40 of said chapter 88, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under the authority of this act shall not exceed the sum of $4,370,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.
N.B. - The Acting Governor has vetoed this section
SECTION 258. Section 92 of chapter 71 of the acts of 1993, as amended by chapter
220 of the acts of 1997, is hereby further amended by inserting after the word "Laws", in line 5,
the following words:- ; provided further, that until June 30, 2003, section 41 of this act shall not
apply to a school nurse employed by a state agency including, but not limited to, the department
of public health or a municipality, not including school nurses employed by school districts on
or before June 30, 1998.
N.B. - The Acting Governor has vetoed this section
SECTION 259. Section 8 of chapter 428 of the acts of 1993 as amended by chapter
164 of the acts of 1997, is hereby further amended by inserting after the words "and may include
reimbursements made pursuant to an agreement between the commonwealth and another state or
states", the following words:- ; provided, however, that the amount of said reimbursement
surcharge shall be determined based solely on the amount of waste in storage for disposal at a
facility established either through siting in the commonwealth or by agreement with other states,
regions, districts or entities, but shall not include waste in storage for disposal at a facility other
than a facility described above pursuant to a written contract with any other such facility.
SECTION 260. Section 58 of chapter 475 of the acts of 1993 is hereby amended by striking out the third sentence, as appearing in chapter 129 of the acts of 1997, and inserting in place thereof the following sentence:- Section 2A shall take effect on January 1, 2000.
N.B. - The Acting Governor has vetoed this section
SECTION 261. Section 27 of chapter 482 of the acts of 1993 is hereby amended by
striking out, in line 4, the words "four million, five hundred thousand dollars" and inserting in
place thereof the following figure:- $5,800,000.
SECTION 262. Chapter 192 of the acts of 1994 is hereby amended by striking out
section 3 and inserting in place thereof the following section:-
Section 3. Notwithstanding the provisions of any other general or special law to the contrary and
except as herein provided, each member of the general court shall receive for each regular
annual session $46,410. The president of the senate and the speaker of the house of
representatives shall each receive for each regular session $35,000 additional compensation. The
chairman of the senate committee on ways and means and the chairman of the house committee
on ways and means shall each receive for each regular session $25,000 additional compensation.
The floor leaders of each of the major political parties in the senate and house of representatives
shall each receive for each regular session $22,500 additional compensation. The assistant floor
leaders of each of the major political parties in the senate, the assistant floor leader of each of the
major political parties in the house of representatives, the second assistant floor leaders of each
of the major political parties in the senate and house of representatives, the third assistant floor
leader of the minority party in the senate and house of representatives, the chairmen of each of
the four divisions of the house of representatives, the chairman of the house committee on rules,
the chairman of the house committee on long-term debt and capital expenditures, the vice
chairman of the house committee on ways and means, the vice chairman of the senate committee
on ways and means, the ranking minority members of the house and senate committees on ways
and means, the senate chairman and the house chairman of the committee on post audit and
oversight, the senate chairman and the house chairman of the committee on taxation, the senate
chairman and the house chairman of the committee on science and technology shall each receive
for each regular session $15,000 additional compensation. Other chairmen of committees of the
house of representatives and the senate established by the joint rules or the house or senate rules,
the house vice chairman of the committee on post audit and oversight, the assistant vice
chairman of the senate committee on ways and means, the assistant vice chairman of the house
committee on ways and means, the vice chairman of the house committee on taxation, the vice
chairman and the ranking minority member of the house committee on rules, the vice chairman
and the ranking minority member of the house committee on long-term debt and capital
expenditures shall each receive for each regular session $7,500 additional compensation;
provided, however, that no chairman who serves as chairman of more than one such committee
shall receive more than the compensation established for a chairman of one of any such
committees. Each member of the general court shall be entitled to be paid for his compensation
for each such session at the rate of one-twelfth the amount of compensation for such session for
each full month of the session. Such payment shall be to him, upon his request, on the last
legislative day in which the general court is in session preceding the fifteenth day of each month,
and on the date preceding the last legislative day of each month, and shall be for an amount not
exceeding the proportion then due at the aforesaid rate; provided, however, that the state
treasurer may, during such regular session, make additional payments on account, in excess of
such monthly rate, to any member making written request therefor but the amount of such
additional payments shall not exceed, in the aggregate, $1,500 in any one session, or $2,000 if
such session continues beyond July 1, and in no event shall the amount of all payments under
this section during such session to any member exceed, in the aggregate, the compensation of
such member for such session.
SECTION 263. Section 8A of chapter 231 of the acts of 1994, as amended by section 39 of chapter 205 of the acts of 1996, is hereby amended by striking out the words "July first, nineteen hundred and ninety-eight" and inserting in place thereof the following words:- July 1, 2000.
SECTION 264. Section 251 of chapter 38 of the acts of 1995 is hereby amended by striking out, in line 2, the words "each fiscal year thereafter" and inserting in place thereof the following words:- until November 27, 1996.
SECTION 265. Section 301 of chapter 38 of the acts of 1995 is hereby repealed.
SECTION 266. Section 341 of said chapter 38 is hereby amended by striking out the last sentence, as amended by section 158A of chapter 43 of the acts of 1997, and inserting in place thereof the following sentence:- Said commission shall report its recommendations to the clerks of the house of representatives and the senate on or before June 30, 1999.
SECTION 267. Section 1 of chapter 108 of the acts of 1995 is hereby amended by striking out, in line 3, the words "each fiscal year thereafter" and inserting in place thereof the following words:- until December 31, 1996.
SECTION 268. Chapter 295 of the acts of 1996 is hereby amended by striking out
sections 1 to 25, inclusive, and inserting in place thereof the following 20 sections:-
Section 1. The city of Pittsfield, by majority vote of its city council, may, subject to the
provisions of this act, create a body corporate to be known as the Pittsfield Economic
Development Authority, hereinafter referred to as the "Authority".
Section 2. The purposes of the Authority shall be to acquire properties contaminated by
oil or hazardous material, conduct response actions thereon and construct, develop, maintain,
lease, convey or otherwise transfer such property for the beneficial reuse or development of such
property to promote economic development on behalf of the city of Pittsfield. Said board, as
defined herein, acting for and on behalf of said Authority, may take by eminent domain under
chapter 79 of the General Laws or acquire by purchase or otherwise any disposal site in the city
of Pittsfield, or a portion thereof, as defined by section 2 of chapter 21E of the General Laws,
hereinafter referred to as chapter 21E and associated lands, properties, water rights, and rights of
ways may conduct response actions pursuant to the requirements of said chapter 21E and
regulations promulgated pursuant thereto; may construct, maintain or operate and lease such
industrial or commercial facilities acquired by the Authority; may sell, by negotiation with the
city of Pittsfield or a private party or at public auction, any property, including land acquired by
the Authority pursuant to this act and which in the Authority's opinion is no longer needed in the
performance of the powers and duties conferred and imposed on it by this act; and may, from
time to time, lease any property which in the Authority's opinion is not needed for the purposes
of this act; and may do all other things proper or necessary for the purposes of this act; provided,
however, that the Authority shall not take in fee any land of a railroad corporation and shall not
enter upon or construct, maintain or operate any industrial or commercial facility within the
location as it may agree upon with such corporation or, in the case of failure to agree, as
approved by the department of telecommunications and energy.
Section 3. The Authority may enter into agreements to indemnify and hold harmless
future owners or operators of properties acquired by the Authority pursuant to this act from and
against liability pursuant to sections 4, 4A and 5 of chapter 21E of the General Laws with
respect to any releases or threats of release of oil or hazardous material that first began to occur
before such owners or operators acquire ownership or possession of the property; provided,
however, that such indemnification shall not apply to any violation of or change to a restriction
in use imposed on the property as part of a response action conducted by the Authority.
Notwithstanding any provision of said chapter 21E to the contrary, such owner or operator who
acquires ownership or possession of property from the Authority shall not be deemed an owner
or operator for purposes of said chapter 21E with respect to any release or threat of release of oil
or hazardous material that first began to occur at or from a property before the time that such
owner or operator acquired ownership or possession; provided, however, that: (1) such owner or
operator is a bona fide new owner or operator and is not affiliated with any other person
potentially liable for response costs or damages to natural resources caused by such release or
threat of release through any direct or indirect familial relationship or any contractual, corporate
or financial relationship other than that created by the instruments by which title to the property
is conveyed or financed; (2) such owner or operator provides reasonable access to the property
to employees, agents and contractors of the department of environmental protection to conduct
response actions and to other persons intending to conduct response actions; and (3) such owner
or operator does not violate or fail to comply with any restriction on future use of the site
imposed pursuant to section 6 of said chapter 21E and regulations promulgated pursuant thereto.
When such owner or operator is not an owner or operator pursuant to this definition, any person
who owned or operated the property immediately prior to the Authority's acquisition of
ownership or possession shall be deemed the owner or operator pursuant to said chapter 21E.
Notwithstanding any other provision of this definition, the Authority's tenants, subtenants or
other person using or acquiring a property from the owner may be deemed an owner or operator
with respect to any release or threat of release that first begins to occur at or from a property
after the time that the Authority takes ownership or possession of it for any purpose authorized
by this act.
Section 4. (a) The Authority may enter into agreements with its response action
contractors to indemnify and hold harmless its response action contractor against any liability for
negligence, including legal fees and costs, if any, in an amount not to exceed a figure established
by the indemnification agreement pursuant to the terms of this section. In no event shall the
amount of indemnification to be provided under an indemnification agreement exceed
$2,000,000 for a single occurrence involving the release or threat of release of oil or hazardous
material. No indemnification shall be provided pursuant to an indemnification agreement under
this section if the response action contractor fails to meet the standard of care which is the
degree of care that a reasonable and diligent hazardous waste site cleanup professional licensed
pursuant to sections 19 and 19J, inclusive, of chapter 21A shall exercise when rendering a waste
site cleanup activity opinion pursuant to said sections 19 and 19J or if the action or omission
which gives rise to the claim is not within the scope of the response action contract.
(b) The indemnification provided under this section shall apply only to response action
contractor liability arising out of response activity conducted by the response action contractor in
response to a release or threat of release of oil or hazardous material.
Section 5. The Authority shall be authorized to take or arrange for necessary response
actions as determined by reference to the Massachusetts Contingency Plan, as defined in section
3 of chapter 21E of the General Laws, or for response actions as determined in reference to the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C.
9601 et seq., the Resource Conservation and Recovery Act 42 U.S.C. 6901 et seq., the Toxic
Substances Control Act of 1976, 15 U.S.C. 2601 et seq., amended by 15 U.S.C. 2642 et seq., the
Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., and the Clean Air Act, 42 U.S.C.
7401 et seq. The Authority shall be entitled to reimbursement from any other person liable for
such release or threat of release for the reasonable costs of such response actions, including all
litigation costs and attorneys' fees. All claims for contribution, reimbursement or equitable share
by the Authority pursuant to this section and chapter 21E of the General Laws shall be brought
in accordance with the procedures set forth in section 11A of said chapter 21E.
The Authority may enter into agreements with prior owners or operators of a site or vessel or
persons who may have otherwise caused or may be legally responsible for releases or threats of
releases of oil or hazardous material, to conduct or reimburse the Authority for the costs of
response actions. In conducting any response action pursuant to the requirements of said chapter
21E and the regulations promulgated thereto, the Authority shall not be exempt from any
compliance or permit fees.
Section 6. In the event that a response action or portion of a response action conducted
by the Authority includes a restriction on future use of the property pursuant to section 6 of
chapter 21E and the regulations promulgated thereto, the Authority shall have no liability or
responsibility for any future or subsequent violation of such restriction or for any necessary and
appropriate response action on account of use of the property by a future owner or operator
contrary to the requirements of such restriction.
Section 7. Except as expressly provided by this section, the Authority shall not be
deemed an "owner" or "operator" under the provisions of clauses (2) and (5) of paragraph (a) of
section 5 of chapter 21E of the General Laws and shall be excluded from the definition of
"owner" or "operator" with respect to releases and threats of releases that first begin to occur
before the Authority acquires ownership or possession of a property; provided, however, that
upon acquiring ownership or possession of a property, said Authority shall:
(1) provide notice to the department of environmental protection, immediately upon obtaining
knowledge of a release or threat of release of oil or hazardous material for which notification is
required pursuant to, and in compliance with, section 7 of said chapter 21E or regulations
promulgated pursuant thereto;
(2) provide reasonable access to the property to employees, agents and contractors of said
department to conduct response actions, if necessary, and to other persons intending to conduct
necessary response actions;
(3) take or arrange for any and all response actions necessary and appropriate regarding releases
or threats of releases under said chapter 21E and any regulations promulgated pursuant thereto.
In the event that the department incurs response action costs in connection with any site acquired
by the Authority, the Authority shall reimburse the department for such reasonable response
actions costs.
Section 8. There is hereby established the Pittsfield Economic Development Board,
hereinafter called the board. The Authority shall be under the management and control of said
board.
Section 9. The board may enter upon any land for the purposes of making surveys,
environmental site assessments, test pits or borings and, for the carrying out of said purposes,
may, by purchase or otherwise, temporarily occupy any lands or take property by eminent
domain under chapter 79 of the General Laws.
Section 10. The Authority, by vote of the board, may issue, from time to time, general
obligation serial bonds or notes to pay for the costs of capital outlays in connection with
assessment, containment and removal activities at properties acquired by the Authority and in
connection with the construction and operation of industrial and commercial facilities and such
other works as may be required, including land damages and costs of demolition of existing
structures on lands that may be required.
Such bonds shall be issued in such amounts as the Authority, acting by and through the board,
may determine and the Authority may refund any such bonds and notes. Such serial bonds and
notes may be callable with or without premium and shall contain such terms and conditions, bear
such rates of issue, be sold in such a manner, at private or public sale, and mature in such times
and in such amounts as the board shall determine, provided, however, that each issue of such
bonds and notes shall be payable in annual installments, the first of which shall be payable not
later than two years after its date and the last of which shall be payable not more than 30 years
from such date.
If the board votes to issue serial bonds or notes, said board may authorize the issuance in the
name of the Authority of general obligation temporary notes for a period of not more than two
years in anticipation of the money to be received from the sale of such serial bonds or notes. The
time within which such temporary notes are issued shall not be extended by reason of the
making of such temporary loans beyond the time fixed in the order authorizing such temporary
bonds or notes.
For the purpose of paying the expenses of operations including, without limitation, any principal
or interest due or about to become due on any serial bond or note issued by the Authority in
which funds are not available, the board in the name of the Authority may issue, from time to
time, general obligation temporary notes of the Authority in anticipation of any revenues, gifts,
grants or receipts from any public or private source.
General obligation temporary notes in anticipation of any revenues, gifts, grants or receipts shall
be payable not more than one year from their date and shall not exceed in principal amount the
amount of the reasonably known and measurable revenues, gifts, grants or receipts in
anticipation of which they are issued.
General obligation temporary notes issued under this section for a shorter period than the
maximum permitted may be renewed by the issuance of other general obligation temporary
notes maturing within the required period; provided, however, that the period from the date of
issue of the original temporary note to the date of maturity of the renewal note shall not exceed
the maximum period for which the original note may have been issued. Such temporary notes or
renewal notes may be sold at discount or with interest payable at or before maturity.
Notes or serial bonds authorized by this section shall be signed by the treasurer of the board and
countersigned by the chairman of the board and serial bonds and notes shall have the Authority's
seal affixed. Section 16B of chapter 44 of the General Laws shall be applicable to such serial
bonds and notes.
Section 11. The board shall annually determine the amount required for the payment of
principal and interest on such serial bonds and notes issued or to be renewed by the Authority
which shall be due during the ensuing calendar year and shall also determine such other amounts
as may be necessary to maintain and operate the Authority during such year, including capital
outlay items the cost of which is not to be funded and for all other matters for which the
Authority is required to raise money, and, after determining such payments and amounts, shall
promptly prepare a report which shall be provided to the mayor of the city of Pittsfield.
Section 12. To meet the costs of construction, maintenance and operation of the facilities
authorized by this act, the Authority may file an application for, or accept and use, any federal or
state funds or grants or any federal or state assistance or both provided therefor under any
federal or state law or funds from any other sources.
The Authority may also apply for and receive contributions from public or private funding
sources for the establishment of a Capitalized Mitigation Fund to be used for the purpose of
financing project costs and administered as a revolving loan fund to the city of Pittsfield. Such
contributions shall be reported in a yearly report of private contributions to be prepared by the
board which shall, not later than February 1 of each year, submit a copy to the house and senate
committees on ways and means, the state auditor and the chief executive and city council
members of the city of Pittsfield. The Authority may expend funds from said Capitalized
Mitigation Fund on any project only after a majority vote of the board. The city of Pittsfield,
receiving funding from said fund, shall prepare a complete financial report detailing cost
analysis and environmental impact.
Nothing in this section shall be construed to limit the ability of the Authority to accept gifts,
grants or contributions from any public, private or charitable source.
Section 13. No lands, rights of ways or other easements, property, structures or rights
acquired by the Authority, as herein provided and located in the city of Pittsfield shall be
assessed or taxed by the city of Pittsfield so long as such property is owned by the Authority,
response actions are on-going and the property and improvements thereon are not in beneficial
reuse by a third party as so determined in the judgement of the board. Following the completion
of the response actions or transfer or upon beneficial reuse of the property, it shall be assessed or
taxed by the city of Pittsfield.
Section 14. The board shall consist of five members appointed by the mayor of the city
of Pittsfield. Official action shall require the affirmative vote of at least said majority of the
board.
In appointing such members, the mayor shall choose at least one member who is experienced
with or knowledgeable about the financing or issuance of bonds, such member to be appointed
for a term of two years; one member who is experienced with or knowledgeable about
environmental matters, including contamination of land, such member to be appointed for a term
of two years; one member who is experienced with or knowledgeable about economic
development and planning, such member to be appointed for a term of three years; one member
who lives in or will represent the interest of the neighborhoods which will be most directly
affected by the activities of the Authority, such member to be appointed for a term of one year
and one member who shall be appointed for a term of one year. The mayor may serve as a
member of the board.
At the expiration of the term of any member or upon the resignation or disqualification of any
member, the mayor shall appoint a new member for an equivalent term as the member whose
seat the new member is replacing. Each member whose term has expired shall serve until the
qualification of a successor. A board member may be reappointed.
Section 15. The board shall appoint and determine the compensation of an Authority
director who shall be the chief executive officer of the Authority and shall administer the affairs
and direct the work of the Authority as approved by the board. Such director may, in the
discretion of the board, also hold elective office, notwithstanding any provisions of chapter
268A or any other of the General Laws to the contrary. The board shall set forth the powers and
duties of the director in its bylaws.
The director may, upon approval of the board or as otherwise provided in the Authority's
bylaws, enter into agreements for professional construction services to be provided to the
Authority by private contractors. The director shall be familiar with economic development in
Berkshire county and shall possess such other qualifications as are determined by the board.
Section 16. The Authority shall have a seal consisting of a circular die bearing the words
"Commonwealth of Massachusetts, Pittsfield Economic Development Authority", which seal
may be used whenever deemed advisable by the board on papers and documents issued or
executed by the board or by any officer or employee designated by the board.
Section 17. The board shall prepare and adopt bylaws describing and stipulating its
organization and operations. The board members shall annually, in the month of April, select a
chairman, vice-chairman, and secretary, from among the membership who shall act as an
executive committee. Members of the board may receive compensation from the Authority
which shall not exceed $500 per year for a board member or $1,000 per year for the chairman,
vice-chairman or secretary. Board members may be reimbursed for actual expenses incurred in
performance of their duties on approval of the board.
The board shall appoint and may, at its pleasure, remove a treasurer and a clerk who shall not be
members of the board. Both offices, if the board deems advisable, may be held by the same
person. The treasurer shall give the board a bond payable to the Authority with a surety company
authorized to transact business within the commonwealth and satisfactory to the board, such
surety in such sums as the board may prescribe, and conditioned on the faithful performance of
the duties of treasurer. The duties of the treasurer and the clerk shall be those usually pertaining
to such offices and, in addition, such as may be from time to time prescribed by the board. The
board may retain legal counsel for any and all appropriate purposes.
The director, with the approval of the board, shall from time to time appoint or employ such
other experts, agents, officers, clerks and other employees as deemed necessary and shall
determine their duties. The salaries or compensation of all persons appointed or employed under
authority of this section shall be determined by the board and, together with other expenses, shall
be paid by the Authority and shall be considered a part of the expense of maintenance of the
Authority. The board shall establish an office within the city of Pittsfield in which its business
may be conducted and in which plans, documents, records and other papers relating to its
business, land and other works and properties shall be kept.
The Authority shall at all times keep full and accurate accounts of its receipts, expenditures,
disbursements, assets and liabilities which shall be open at all times for inspection by the city of
Pittsfield or by any officer or duly appointed agent of the commonwealth.
The board shall make a report each year of its activities for the preceding year and shall, prior to
February 1, submit a copy of such report to the state auditor and to the city of Pittsfield. A copy
of such report shall also be submitted to the department of environmental protection.
Section 18. Initial organization of the board established under the provisions of section 8
shall take place within 180 days after the affirmative vote of the city council of Pittsfield for the
formation of the Authority. If the board does not organize itself and form the Authority within
180 days, the action of the city council shall be null and void.
Section 19. The Authority shall provide for early direct community involvement in each
significant phase of response activities taken under this Authority. This shall include providing
the community with access to information necessary to develop comments on decisions
regarding site characterization, risks posed by the site and selection of assessment, containment,
and removal actions.
Process for involvement: (1) site assessment - whenever practicable, during the site assessment,
the Authority shall solicit and evaluate the concerns and interests of the community likely
affected by the site by whatever means deemed appropriate by the Authority; (2) site cleanup -
after assessment and feasibility study and a method of cleanup has been determined, the
Authority shall solicit the views and preferences of the community likely affected by this
cleanup including the disposition of the oil, hazardous material, pollutants, or contaminants at
the site.
Section 20. The department of environmental protection shall promulgate rules and
regulations, after notice and hearing in accordance with chapter 30A of the General Laws, to set
up and implement a pilot project in the city of Pittsfield for the purpose of reuse and
redevelopment to promote economic growth at said site. The department shall involve in the
process all interested parties including, but not limited to, the United States Environmental
Protection Agency, the attorney general of the commonwealth, the elected officials in the city of
Pittsfield and the Massachusetts office of business development or its successor. The department
shall prepare a preliminary plan not later than 120 days after the effective date of this act and
shall publish notice thereof in the state environmental monitor. Such pilot project shall require
significant economic activity for the city of Pittsfield providing net new jobs as defined by
chapter 19 of the acts of 1993. Such pilot project shall include: (1) allowing the long-term use of
one or more temporary solutions, as such term is defined in subsection (f) of section 3A of
chapter 21E of the General Laws, to satisfy the remediation requirements of said section 3A; (2)
establishing appropriate reporting and monitoring requirements for the construction and
maintenance of such temporary solutions; (3) defining the department's responsibilities for
reviewing and approving such temporary solutions and reporting and monitoring thereof; (4)
providing for an appropriate and efficient process to allow public participation with respect to
the department's approval and review of such temporary solutions as set forth in clause (3); (5)
defining the limited circumstances in which, upon petition of the department or another person
or party, a permanent solution may be required in lieu of the continuation of such temporary
solutions; and (6) providing appropriate incentives, within the limits of state laws or regulations,
to induce any participant in such a pilot project to complete remediation expeditiously.
SECTION 269. Item 1750-0103 of section 2A of chapter 10 of the acts of 1997 is hereby amended by striking out the words "June 30, 1998" and inserting in place thereof the following words:- June 30, 1999.
SECTION 270. Section 180 of chapter 43 of the acts of 1997 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The division of capital asset management and maintenance shall develop a plan for the orderly expenditure of such sums as are received by the Asbestos Cost Recovery Fund for the purposes of operations and maintenance, encapsulation and removal of asbestos.
SECTION 271. Item 7004-8975 of section 2E of chapter 88 of the acts of 1997 is hereby amended by adding the following words:- ; provided, that not less than $275,000 shall be expended for the demolition of abandoned buildings in the city of Brockton by said city; and provided further, that not less then $275,000 shall be expended for the demolition of abandoned buildings in the city of Lawrence by said city.
SECTION 272. Section 92 of chapter 88 of the acts of 1997 is hereby amended by striking out the second sentence, as amended by section 36 of chapter 170 of the acts of 1997, and inserting in place thereof the following sentence:- Said transfer is hereby deemed a temporary loan to the uncompensated care pool; provided, however, that such loan shall be repaid to the general fund on June 30, 1999.
SECTION 273. Chapter 102 of the acts of 1997 is hereby amended by adding the
following section:-
Section 2. This act shall take effect as of April 15, 1997.
SECTION 274. Section 334 of chapter 164 of the acts of 1997, is hereby amended by striking out the words "June 15, 1998", inserted by section 20 of chapter 99 of the acts of 1998, and inserting in place thereof the following words:- December 31, 1998.
N.B. - The Acting Governor has vetoed this section
SECTION 274A. The board of education shall define standards and competencies
commensurate with attainment and renewal of such certificates not later than September 1, 1999.
SECTION 275. Notwithstanding the provisions of clause Forty-first of section 7 of chapter 4 of the General Laws or any other general or special law to the contrary, the commissioner of revenue or other official responsible for a local reimbursement or assistance program reported by said commissioner pursuant to section 25A of chapter 58 of the General Laws shall use the 1996 city and town population estimates of the United States Bureau of the Census in calculating distributions or assessments under such local reimbursement or assistance programs. Such distribution programs shall include, but not be limited to, the school aid program established under the provisions of chapter 70 of the General Laws and regional public libraries. Such assessments shall include, but not be limited to, air pollution control districts, the metropolitan area planning council, the Old Colony Planning Council, the Massachusetts Bay Transportation Authority and any other entity for which said commissioner is required to give notice pursuant to said section 25A.
SECTION 276. Notwithstanding the provisions of any general or special law to the
contrary, except sections 52 to 55, inclusive, of chapter 7 of the General Laws, the secretary of
administration and finance shall in fiscal year 1999 identify and pursue projects to optimize
nontax revenue management and collections by the commonwealth. The secretary or his
designee may also enter into contracts with private vendors and enter into interdepartmental
service agreements with departments to identify and pursue such projects. Private vendors shall
be compensated from nontax revenues collected by such projects in excess of the nontax
revenues established by such contracts as the minimum to be collected by each such project. For
the purposes of this section, such payments to vendors for services performed shall be known as
"vendor participation payments" and nontax revenue collected pursuant to this section, after
deduction of vendor participation payments, shall be known as "net additional revenue". For the
purposes of this section, the terms "department" or "participating department" shall mean a
department, agency, board, commission, office or institution under the executive control of the
governor or other constitutional officers and determined by the secretary to be participating in
the revenue optimization projects authorized by this section.
A vendor shall be compensated only if: (1) the revenue achieved for each specific revenue
source is new revenue; provided, however, that new revenue shall be defined as revenue in
addition to revenue collected during the base period for each revenue source; and (2) in the event
of revenue sources which are caseload-driven federal reimbursements, so-called, the ratio of
such revenue source to the reimbursable expenditure has exceeded the highest such ratio during
the base period.
A department shall receive incentive payments pursuant to this section and item 1599-0033 of
section 2 only if the collection of a fee or any other nontax revenue during the base period is
greater than the highest amount of revenue collected from such fee or other nontax revenue
during the base period; provided, however, that the net additional revenues shall only be those
amounts collected which are in excess of the amounts projected in section 1B for each
department, office, commission and agency or its successor.
For the purposes of this section, the term "base period" shall refer to the fiscal years beginning
on July 1, 1992 and ending on June 30, 1998. Revenues which are attributable to a new fee or a
newly reimbursable service or clientele shall be considered to have a base period revenue level
of zero. The commonwealth shall retain all rights in software programs developed pursuant to
any contract executed under this section.
The comptroller shall deposit in the Maximization Fund, established by section 2R of chapter 29
of the General Laws, all monies collected pursuant to the provisions of this section. The
comptroller may allocate from said fund, upon direction of the secretary of administration and
finance, up to the amount of the appropriation contained in item 1599-0033 of section 2 to
participating departments pursuant to the following calculations: a) an amount not to exceed
$2,000,000 when the net additional revenue, after providing for vendor participation payments,
this department allocation and other charges directed to the fund, accumulates to $10,000,000; b)
an amount not to exceed $2,500,000 when the net additional revenue, after providing for vendor
participation payments, this department allocation and other charges directed to the fund,
accumulates to $15,000,000; c) an amount not to exceed $3,000,000 when the net additional
revenue, after providing for vendor participation payments, this department allocation and other
charges to the fund, accumulates to $20,000,000; or d) an amount not to exceed $3,500,000
when net additional revenue, after providing for vendor participation payments, this department
allocation and other charges to the fund, accumulates to an amount equal to or greater than
$25,000,000. Eighty-five per cent of such allocations shall be distributed to participating
departments in proportion to the amount of revenues collected by each individual department as
a per cent of the total amount of revenues collected under the provisions of this section. The
remaining 15 per cent shall be distributed to participating departments at the discretion of said
secretary, notwithstanding the amount of revenues collected by each individual department. The
comptroller shall transfer to the general fund at the close of the fiscal year any balance
remaining in the Maximization Fund after providing for such allocations, vendor participation
payments and other charges to said Maximization Fund; provided, however, that no expenditure
shall be made from said Maximization Fund that would cause said fund to be in deficit at the
close of the fiscal year. Departments receiving allocations pursuant to said item 1599-0033 may,
subject to the provisions of this section, expend such funds without appropriation after obtaining
the written approval of said secretary or his designee of a plan detailing such proposed
expenditures, allocations and reallocations, and the filing of such approved plan with the house
and senate committees on ways and means not less than ten days in advance of any such
allocation or reallocation. All expenditures made pursuant to the provisions of this section and
said item 1599-0033 shall be for one-time expenses which shall not recur in fiscal year 2000 or a
subsequent fiscal year. Funds appropriated for expenditures by the provisions of this section and
said item 1599-0033 shall not be used to supplant purposes authorized in any other item of
appropriation in section 2 or appropriated in a supplemental appropriations act enacted in fiscal
year 1999 or a subsequent fiscal year. Any unexpended balance from such allocations at the end
of each fiscal year shall revert to the general fund unless such spending plan has been approved
by the secretary as a multi-year expenditure.
The comptroller shall report, not later than January 31 of each year, to the house and senate
committees on ways and means on the results and operations of the revenue optimization
projects authorized by this section, for the six-month period ending the preceding month. Such
information shall detail, by each vendor, project and department: the amount of vendor
participation payments paid to each such vendor; the net additional revenues retained by the
commonwealth; the amounts allocated or reallocated to each such participating department
pursuant to said item 1599-0033 and this section and the estimated annual receipts, payments
and allocations for the fiscal year.
The comptroller shall report to the house and senate committees on ways and means, not later
than July 31 of each year, the preceding information for the prior fiscal year, the total of all
vendor participation payments made to each vendor and the net commonwealth receipts
collected by each project over the duration of the project. On or before July 31 of each fiscal
year, the comptroller shall submit to the house and senate committees on ways and means a plan
approved by the secretary of administration and finance detailing, by executive office and
department, the net additional revenues estimated to be collected under the provisions of this
section in the fiscal year. The provisions of this section shall remain in effect until July 1, 2000.
SECTION 277. Notwithstanding the provisions of section 30 of chapter 29 of the General Laws or any other general or special law to the contrary, the division of energy resources may procure, in accordance with all applicable procurement and solicitation laws, comprehensive motor vehicle insurance coverage for electric vehicles purchased for use in the commonwealth's electric vehicle demonstration program; provided, however, that nothing in this section shall be construed to require any additional state appropriated funds for the division of energy resources; and provided further, that such coverage may continue or be renewed until the conclusion of said electric vehicle demonstration program.
SECTION 278. Notwithstanding the provisions of paragraph (g) of section 5 of chapter 32 of the General Laws, or any general or special law to the contrary, James Bloom, a member inactive of a retirement system who was appointed by the governor to a position as clerk magistrate in the Ware district court, shall, upon application to the state retirement board, become a member in service of the state retirement system as of the effective date of his appointment, and the state retirement board is hereby authorized and directed to credit said James Bloom with creditable service from the period of such appointment for the purpose of determining his retirement allowance pursuant to the provisions of chapter 32 of the General Laws; provided, however, that said James Bloom shall pay into the annuity savings fund of said state retirement system an amount equal to that which would have been withheld as regular deductions from his regular compensation plus interest for such service, in one sum or installments, upon such terms and conditions as the state retirement board may prescribe; and provided, further, that said James Bloom shall repay into the system from which he had received a retirement allowance the total amount of any such allowance received from the date of his retirement to the date of his again becoming a member in service of the state retirement system.
SECTION 279. Notwithstanding the provisions of section 17 of chapter 44 of the General Laws, the officers of a city, town or regional school district authorized to issue bonds, notes or certificates of indebtedness for a school construction project for which it has received notice that it has filed a completed school building assistance application with the department of education and that the project has been placed by the department on the school building assistance priority list, may refund, by the issuance of refunding notes, a temporary loan issued in anticipation of money to be derived from the sale of such bonds, notes or certificates; provided, however, that the period from the date of issue of the original temporary loan to the final maturity of any such refunding notes shall not exceed five years; and provided further, that such refunding notes shall not be required to be paid in part from revenue funds of the city, town or regional school district until the end of the fiscal year following the fiscal year in which the board of education approves the project for a school construction grant pursuant to the provisions of chapter 645 of the acts of 1948 or a successor school construction grant statute. The time within which the serial bonds, notes or certificates of indebtedness issued to pay refunding temporary notes issued hereunder shall be due and payable shall be extended by the period from the date of the original temporary loan to: (a) the date of issue of such serial bonds, notes or certificates; or (b) the end of the fiscal year in which the board of education approves the project for a school construction grant, whichever date is earlier.
SECTION 280. Notwithstanding the definition of "net school spending" in section 2 of chapter 70 of the General Laws, for the purpose of calculating the minimum required local contribution for fiscal year 1999, pursuant to said chapter 70, the department of education shall consider health care costs for retired teachers to be part of net school spending for any town in which health care costs for retired teachers were considered to be part of net school spending in fiscal year 1994. The department shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year 1994. If there is a conflict between the provisions of this section and the distributions listed in section 3, the provisions of said section 3 shall control.
SECTION 281. Notwithstanding the provisions of subsection (4) of section 9A of chapter 118E of the General Laws or any other general or special law to the contrary, the MassHealth program of medical benefits provided to eligible beneficiaries pursuant to clause (g) of subsection (2) of said section 9A shall include coverage for medically necessary eyeglasses and hearing aids.
SECTION 282. Notwithstanding the provisions of subsection 13 of section 9C of chapter 118E of the General Laws or any other general or special law to the contrary, in fiscal year 1999 all expenditures for the insurance reimbursement program established by section 9C of chapter 118E of the General Laws shall be made from the Children's and Seniors' Health Care Assistance Fund established by section 2FF of chapter 29 of the General Laws pursuant to the budget neutrality analysis dated February 24, 1998.
SECTION 283. Notwithstanding any provisions of section five of chapter 118G of the General Laws to the contrary, the amount assessed to acute hospitals in fiscal year 1999 for the estimated expenses, including indirect costs, of the division of health care finance and policy shall be equal to the amount appropriated by the general court in item 4100-0060 in section 2 less amounts projected to be collected in fiscal year 1999 from (1) filing fees and (2) fees and charges generated by the division's publication or dissemination of reports and information.
SECTION 284. Notwithstanding the provisions of any general or special law to the
contrary, the division of medical assistance shall establish, in fiscal years 1999 and 2000, a pilot
program to assess the clinical, programmatic and fiscal impact of extending nursing facility
bed-holds, so-called, from 10 to 20 days for medical leaves of absence for persons receiving
benefits under chapter 118E of the General Laws. Under said pilot project, said division shall
pay to reserve a bed for a medical leave of absence from a nursing facility for such a person who
is admitted on an inpatient basis to a hospital, as defined in said division's regulations, for up to
20 consecutive days. Reimbursement to nursing facilities for the eleventh through the twentieth
bed-hold day, inclusive, shall be paid at the lowest rate established by the division of health care
finance and policy for the nursing facility in which such person resides for the rate year in which
the medical leave of absence occurs. For the purposes of this section, a medical leave of absence
shall be defined as an inpatient hospital admission which meets all criteria for Medicare hospital
level of care pursuant to the provisions of title XVIII of the federal social security act, as
determined by the federal health care financing administration or its agent.
On or before March 1, 2000, the division of medical assistance shall submit a cost-benefit
analysis of said pilot project to the house and senate committees on ways and means and the
executive office of administration and finance. Said cost-benefit analysis shall include, but shall
not be limited to: (i) an analysis of the fiscal impact of said pilot project on medicaid
expenditures, nursing facility costs and expenditures, and nursing facility residents benefiting
from said pilot project; (ii) an analysis of the clinical impacts, if any, that accrued from said pilot
project to said residents; and (iii) an analysis of any effect on hospital utilization or
physician-ordering patterns resulting from said pilot project. Said analysis shall be accompanied
by the supporting cost and utilization data on which they were based.
Nothing in this section shall establish an obligation of the commonwealth or the division of
medical assistance to offer extended bed-hold days under said pilot program for any medical
leave of absence that does not meet the criteria or determinations for medical necessity.
The criteria and standards in effect for bedholds for non-medical leaves of absence shall remain
the same as those in effect in fiscal year 1998 for the duration of the pilot program established
herein.
N.B. - The Acting Governor has vetoed this section
SECTION 285. The secretary of administration and finance, in consultation with the
secretary of health and human services, is hereby authorized and directed to investigate the
feasibility and necessity of adjusting that component of class rates paid to state-contracted
providers of substance abuse services that would allow the payment of wage increases to
employees earning less than $30,000 in fiscal year 1999 that would be comparable to increases
paid pursuant to item 1599-6896 of section 2 of this act. Said investigation shall include a survey
of substance abuse providers of residential rehabilitation, outpatient counseling and inpatient
detoxification services to determine whether any compensation adjustments were paid to such
employees in fiscal year 1998 or are anticipated to be paid in fiscal year 1999 and shall evaluate
whether rates of reimbursement paid in fiscal year 1999 are adequate or sufficient to
accommodate a fiscal year 1999 wage adjustment that would be comparable to the increases paid
pursuant to said item.
If an adjustment is determined to be warranted, the secretary shall recommend to the governor
and the house and senate committees on ways and means whether the appropriations available to
state agencies that contract for substance services are sufficient to pay such adjustments in fiscal
year 1999 and if not, shall make recommendations to the governor relative to the necessity of
making supplemental appropriations to ensure the payment of such an adjustment in said fiscal
year. The secretary's recommendation shall further address the ability of the commonwealth's
vendor payment systems to ensure that any such adjustment is paid to said employees. If such an
adjustment is determined to be warranted, the secretary is hereby authorized and directed to take
all steps necessary, including the promulgation of revised rate regulations, to ensure the payment
of said adjustments and the ability of the commonwealth to monitor and enforce the payment of
said adjustments.
Nothing in this section shall be construed to entitle any person to any wage or compensation
adjustment nor otherwise obligate the commonwealth to pay any wage adjustment not otherwise
allowable by law or regulations of the division of health care finance and policy or the division
of operational services.
SECTION 286. The Massachusetts Commission for the Blind, the Massachusetts
Rehabilitation Commission and the Massachusetts Commission on the Deaf and Hard of Hearing
are hereby authorized and directed to examine and create a timetable for the co-location of said
agencies and the consolidation of duplicative administrative functions including, but not limited
to human resources, information services, administration and finance, and contract procurement
and maintenance. Said commissions shall submit a report, including, but not limited to, said
timetable and expected savings of said consolidation, to the secretary of administration and
finance and the house and senate committees on ways and means not later than October 31,
1998.
Nothing stated herein shall be construed as a consolidation of these agencies, or of client
services.
SECTION 287. Notwithstanding the provisions of section 12 of chapter 490 of the acts of 1980, the department of housing and community development may authorize neighborhood housing services corporations to retain and reloan funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program.
SECTION 288. Notwithstanding the provisions of section 135 of chapter 697 of the
acts of 1987, the provisions of the first paragraph of Option (c) of subdivision (2) of section 12
of chapter 32 of the General Laws shall apply to benefits received pursuant to applications for
such benefits, allowances or other payments made prior to January 12, 1988. The provisions of
this section shall be prospective from the effective date of this act and shall not entitle any
member to any retroactive benefits.
This section shall take effect in a city, town, county, district or authority system by majority vote
of the board of such system subject to the approval of the legislative body.
For the purposes of this section, legislative body shall mean, in the case of a city, the city council
in accordance with its charter, in the case of a town, the town meeting, in the case of a county,
the county retirement board advisory council, in the case of a district, the district members, and,
in the case of an authority, the governing body.
SECTION 289. Whenever the name of the division of capital planning and operations appears in any general or special law, rule, or regulation, such name shall henceforward be deemed to mean and be construed as referring to the division of capital asset management and maintenance as established pursuant to the provisions of this act.
SECTION 290. The commissioner of the division of capital asset management and
maintenance, is hereby authorized and directed to conduct a capital assets survey to identify
scheduled, emergency, and deferred maintenance and repairs and to create a capital asset
management plan for the purposes of maximizing the useful life of and preventing deterioration
or costly future repairs to the commonwealth's capital assets. For the purposes of this section, the
following terms shall, unless the context clearly indicates otherwise, have the following
meanings: "capital asset" shall mean physical property that has monetary, economic, or aesthetic
value to the commonwealth; "eligible agencies" shall mean those agencies that are entitled to
receive funds from the reserve in item 1599-2503 in section 2 of this act, including but not
limited to, the bureau of state office buildings, department of mental retardation, the department
of mental health, the department of public health, the Massachusetts soldiers homes located in
the cities of Chelsea and Holyoke, the department of fisheries, wildlife, and environmental law
enforcement, the metropolitan district commission, the office of the chief medical examiner, the
department of the state police, the department of corrections, and the trial court of the
commonwealth; "routine maintenance" shall mean those activities performed on a regular basis
during the course of a fiscal year in order to address ongoing maintenance of capital assets
including, but not limited to, groundskeeping, mopping, trash collection, cleansing of restrooms,
and vacuuming; "scheduled maintenance and repairs" shall mean those activities performed at
designated or periodic intervals during the course of a fiscal year in order to maintain the
reasonable condition and operation of a capital asset; "emergency repairs" shall mean those
activities which require immediate attention at any time during the fiscal year in order to address
unexpected life safety, property protection or environmental health hazards; "deferred
maintenance and repairs" shall mean those scheduled maintenance and repairs, or emergency
repairs that have been postponed in prior fiscal years.
Said survey shall include, but not be limited to, an inventory including the type, age, value, and
current physical and structural condition of all capital assets held by the executive branch and the
trial court of the commonwealth, current condition of major systems including heating,
ventilation, and air conditioning systems, water and sewage systems, and electrical systems, the
agency, division or unit responsible for the care and maintenance of said capital assets, a list of
deferred maintenance and repair activities outstanding, a list, including a description, of
scheduled maintenance and repairs necessary to maintain reasonable condition and operation of
said assets, and the estimated costs, by subsidiary, of said repairs by fiscal year, project, and
agency, division or unit and as prioritized on the basis of a uniform criteria priority rating system
established by said commissioner.
Said commissioner, in consultation with personnel assigned to the capital budgeting management
program of the fiscal affairs division of the executive office of administration and finance, is
hereby further directed to develop and implement a management plan for the scheduled
maintenance and repairs to capital assets identified pursuant to this section. Said plan shall
include, but not be limited to, an annual schedule of all scheduled maintenance and repair needs
of capital assets owned by the executive branch and the trial court of the commonwealth, and
any recommendations, including legislation, necessary to effectuate the orderly and cost
effective implementation of said schedule. Said commissioner, in consultation with said
personnel, is further directed to accommodate and report said maintenance and repair needs for
the fiscal year ending June 30, 2000 as part of the governor's annual budget proposal.
All agencies, divisions, and units within said executive branch or trial court of the
commonwealth shall cooperate with said commissioner and shall provide him, or his designee,
with any and all such information as he may require. Said commissioner shall submit said survey
and management plan to the clerk of the house of representatives and the clerk of the senate no
later than November 1, 1998.
SECTION 291. Any reference in any general or special law to the "Cape Cod Economic Development Council" shall be deemed to refer to the "Cape Cod Economic Development Council, Inc.".
N.B. - The Acting Governor has vetoed this section
SECTION 292. Notwithstanding the provisions of this act and of section 79 of chapter
218 of the General Laws, the salary of the clerk of the second district court of Bristol shall
remain the amount provided by law as of June 1, 1998.
SECTION 293. (a) Upon the request of the board of selectmen in a town, the city
council in a plan E city or the mayor in any other city, the department of revenue may
recalculate the minimum required local contribution, as defined in section 2 of chapter 70 of the
General Laws, in the fiscal year ending June 30, 1999. Based on the criteria outlined in this
section, the department shall recalculate the minimum required local contribution for a
municipality's local and regional schools and shall certify the amounts calculated to the
department of education.
(b) A city or town that used qualifying revenue amounts in a fiscal year which shall not be
available for use in the next year or that shall be required to use revenues for extraordinary
nonschool-related expenses for which it did not have to use revenues in the preceding fiscal year
or that has an excessive certified municipal revenue growth factor which is also greater than or
equal to one and one-half times the state average municipal revenue growth factor, may appeal
to the department of revenue not later than October 1, 1998 for an adjustment of its minimum
required local contribution and net school spending.
(c) If a claim is determined to be valid, the department of revenue may reduce proportionately
the minimum required local contribution amount based on the amount of shortfall in revenue or
based on the amount of increase in extraordinary expenditures in the current fiscal year but no
adjustment to the minimum required local contribution on account of an extraordinary expense
raised in the budget of the fiscal year ending on June 30, 1999 shall affect the calculation of the
minimum required local contribution in subsequent fiscal years. Qualifying revenue amounts
shall include, but not be limited to, extraordinary amounts of free cash, overlay surplus and other
available funds.
(d) If, upon submission of adequate documentation, the department of revenue determines that
the municipality's claim regarding an excessive municipal revenue growth factor is valid, said
department shall recalculate such municipal revenue growth factor and the department of
education shall use such revised growth factor to calculate preliminary local contribution,
minimum required local contribution and any other factor that directly or indirectly uses the
municipal revenue growth factor. Any relief granted as a result of an excessive municipal
revenue growth factor shall be a permanent reduction in minimum required local contribution.
(e) Upon the request of the board of selectmen in a town, the city council in a plan E city, or the
mayor in any other city, in a majority of the member municipalities, a regional school district
which used qualifying revenue amounts in a fiscal year that shall not be available for use in the
next fiscal year shall appeal to the department of revenue not later than October 1, 1998 for an
adjustment to its net school spending requirement. If the claim is determined to be valid, the
department of revenue shall reduce the net school spending requirement based on the amount of
the shortfall in revenue and reduce the minimum required local contribution of member
municipalities accordingly. Qualifying revenue amounts shall include, but not be limited to,
extraordinary amounts of excess and deficiency, surplus and uncommitted reserves.
(f) A regional school district which received regional school incentive aid in fiscal year 1995
shall, upon the request of the board of selectmen in a town, the city council in a plan E city or
the mayor in any other city, in a majority of the member municipalities, appeal to the department
of education for an adjustment in the minimum required local contribution of its member
municipalities. The department of education may reduce the increased assessment of the member
municipalities as a result of the reorganization of the regional school district by using a portion
of the regional incentive aid to reduce the prior year local contribution.
(g) If the regional school budget has already been adopted by two-thirds of the member
municipalities, then upon a majority vote of the member municipalities, the regional school
committee shall adjust the assessments of the member municipalities in accordance with the
reduction in minimum required local contributions approved by the department of revenue or the
department of education in accordance with the provisions of this section.
(h) Notwithstanding the provisions of clause (14) of section 3 of chapter 214 of the General
Laws or any other general or special law to the contrary, the amounts so determined shall be
deemed to be the minimum required local contribution described in said chapter 70; provided,
however, that the house and senate committees on ways and means and the joint committee on
education, arts and humanities shall be notified by the department of revenue and the department
of education of the amount of any reduction in the minimum required local contribution amount.
(i) In the event that a city or town has an approved budget that exceeds the recalculated
minimum required local contribution and net school spending amounts for its local school
system or its recalculated minimum required local contribution to its regional school districts as
provided by this section, the local appropriating authority shall determine the extent to which the
community shall avail itself of any relief authorized under this section.
(j) The amount of financial assistance due from the commonwealth in fiscal year 1999 under
said chapter 70 or any other provision of law shall not be changed on account of any
redetermination of the required minimum local contribution under this section.
(k) The department of revenue and the department of education shall issue guidelines for their
respective duties under this section.
SECTION 294. Notwithstanding the provisions of any general or special law to the contrary and in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority and the University of Massachusetts Building Authority and in order to meet the estimated cost of heat, light, power and other services, if any, to be furnished by the commonwealth to projects of the Massachusetts State College Building Authority, the boards of trustees of the state colleges and the University of Massachusetts shall transfer to the general fund from the funds received from the operation of such projects such costs, if any, as shall be incurred by the commonwealth for the aforesaid purposes in the current fiscal year, as determined by the appropriate building authority, verified by the chancellor of higher education and approved by the secretary of administration and finance.
SECTION 295. Notwithstanding the provisions of any general or special law to the contrary, no city, town or regional school district shall receive less than $100 per student pursuant to chapter 70 of the General Laws for fiscal year 1999.
SECTION 296. The department of education shall collect annual data on the children and households served in each city, town, regional school district, educational collaborative, head start program and licensed day care provider serving children in early education programs through the Community Partnerships for Children program. Such data shall include, but not be limited to, number of children served, household income level, age, city or town of residence of the children served, type of child care provided, number of days enrolled and number of days in attendance. The department of education, in collaboration with the office for child care services, shall produce a statewide needs assessment of the education needs of children ages three through five in the commonwealth. Said needs assessment shall include, but not be limited to, the number of children aged three through five in each municipality of the commonwealth and early care and education services available in each municipality, an analysis of the number of children enrolled in all federal and state-funded early education and day care programs by program type in each municipality of the commonwealth, staffing capacity at early education and day care programs, and qualifications of all early education and day care staff employed by state funded programs.
N.B. - The Acting Governor has vetoed this section — and the General Court
subsequently overrode the Governor's actions.
SECTION 297. Notwithstanding the provisions of any general or special law to the
contrary, the division of health care finance and policy shall for all rate years commencing on or
after January 1, 1996 to amend the rate of any facility that has made payments as part of its
employee benefits program to an employee stock option plan, as defined by section 4975(e)(7)
of the Internal Revenue Code of 1986, to include all such payments to an employee stock option
plan made in rate years commencing on or after January 1, 1996 where such facility has not
made payments to an employee stock option plan in the base year for such rate year.
SECTION 298. Notwithstanding the provisions of chapter 180 of the General Laws, or any other general or special law to the contrary, upon local option of a city or town, payroll deductions may be made from the salary of an employee of such city or town in an amount which such employee may specify in writing to the city or town treasurer or collector for the payment of a contribution to the education foundation of such city or town. Such authorization may be withdrawn by the employee by giving at least 30 days written notice of such withdrawal to the city or town treasurer or collector. The city or town treasurer or collector shall deduct from the salary of such employee such amount of contributions as may be certified to such treasurer or collector on the payroll and transmit the sum so deducted to the education foundation; provided, however, that the city or town treasurer or collector shall be satisfied by such evidence as he may require that the treasurer of the education foundation has given said foundation a bond for the faithful performance of his duties, in a sum and with such surety as may be satisfactory to the city or town treasurer or collector.
N.B. - The Acting Governor has vetoed this section
SECTION 299. Notwithstanding the provisions of any general or special law to the
contrary, any amounts, including principal, interest and penalties due to the Medical Security
Trust Fund established in subsection (k) of section 14G of chapter 151A of the General Laws
and owing as of the effective date of this act, from any regional school district or educational
collaborative pursuant to section 14G of chapter 151A of the General Laws, are hereby
extinguished and the payment thereof excused. Nothing in this section shall be construed to
provide the basis for the refund of payments made by any regional school district or educational
collaborative to said fund prior to the effective date of this section.
SECTION 300. Notwithstanding the provisions of any general or special law to the contrary, the department of environmental management shall employ, where feasible and appropriate, zero pollution discharge technologies, including greywater technologies, so-called, when upgrading sanitary facilities on properties managed by said department.