SECTION 301. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Water Resources Authority shall commence the first phase of construction on facilities necessary to ensure effective wastewater transmission from the southern branch of said authority's service area for the remediation of raw sewage back-ups and overflows that endanger public health. To initiate such first phase, the authority shall commence procurement of contracts for the construction of a deep rock tunnel from Nut Island in the city of Quincy through the town of Weymouth to the residuals processing plant owned by said authority at the Fore River staging area in the city of Quincy. Such procurement process shall commence not later than January 1999 and a notice to proceed with construction shall be issued by the authority at the earliest feasible date thereafter. Any agency, department, office, commission or political subdivision of the commonwealth with regulatory jurisdiction with regard to such procurement or construction shall, notwithstanding any other law to the contrary, cooperate with said authority to assure the attainment of the foregoing schedule and to assure that substantive and procedural regulatory requirements are exercised to achieve the purposes of this section. Any facilities constructed pursuant to the authority of this section shall conform to the plan entitled, "Final Facilities Plan and Environmental Impact Report for Braintree/Weymouth Relief Facilities," EOEA No.4866, dated May, 1993.
SECTION 302. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Water Resources Authority, upon completion of the final development plan by the town of Ashland, may, should the town express a preference to do so, extend the MWRA system to said town through the Bracket Road connector, so-called.
SECTION 303. The suggestion awards board, established pursuant to section 31A of chapter 7 of the General Laws, may make cash awards, pursuant to the provisions of said section 31A and according to the board's published rules and regulations governing the selection process and criteria, to employees of the commonwealth who are instrumental in identifying or implementing ideas which reduce costs or increase revenues for the commonwealth. Such awards may be paid, in a manner to be approved by the secretary of administration and finance, from the operating appropriations of the agencies which realize reduced costs or from monies allocated from the maximization fund to agencies which realize increased revenues as a result of the employee's suggestions or efforts. The amount of any such award shall equal not more than 10 per cent of the reduced costs or increased revenues generated by the employee's suggestion, up to a maximum of $5,000 to any one individual over the term of this section, unless a larger award shall be approved by the general court, and all such awards shall be reported quarterly to the house and senate committees on ways and means detailing the recipient of such award, the recipient's department and title, the amount of the award, the reason for the award and the amount of money saved or realized by the commonwealth. No person shall be eligible to receive such award who is in a position classified as M-V or above, as provided in section 46C of chapter 30 of the General Laws, or is not a state employee. The provisions of this section shall remain in effect until June 30, 2000.
SECTION 304. The North Quabbin Domestic Violence Prevention Program is hereby continued to provide counseling advocacy, legal advocacy, community education and a hotline in the Athol area. The program shall be funded through the department of public health, the department of education and the department of social services. The program shall develop a community-based approach to facilitate the use of direct services and effective community education and prevention work.
SECTION 305. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the department of housing and community development may conduct annual verifications of household income levels based upon state tax returns for the purposes of administering the state and federal housing subsidy programs funded in items 7004-0099, 7004-9005, 7004-9011, 7004-9013, 7004-9014, 7004-9019, 7004-9020 and 7004-9024 in section 2; provided, however, that as a condition of eligibility or continued occupancy by an applicant or a tenant, said department may require disclosure of the social security number of an applicant or tenant and members of such applicant's or tenant's household for use in verification of income eligibility. Said department may also consult with the department of revenue, the department of transitional assistance and any other state or federal agency which it deems necessary to conduct such income verification; provided, however, that notwithstanding the provisions of any general or special law to the contrary, such state agencies shall consult and cooperate with said department and furnish any information in the possession of said agencies including, but not limited to, tax returns and applications for public assistance or financial aid. For the purposes of conducting such income verification, the director of housing and community development may enter into an interdepartmental agreement with the commissioner of revenue to utilize the department of revenue's wage reporting and bank match system for the purpose of verifying the income and eligibility of participants in such federally assisted housing programs and that of members of the participants' households.
SECTION 306. The chief justice for administration and management shall develop a paid leave bank election form to be signed by each employee of the trial court who is participating, or eligible to participate, in any paid leave bank administered by the trial court. Such form shall contain, at a minimum: (1) a specific election to be made by each employee indicating whether or not such employee wishes to participate, or continue participating, in such paid leave bank; (2) a statement identifying the maximum number of working days allowable to each employee under the terms of such paid leave bank; and (3) a statement identifying the right of each employee to purchase long term disability insurance. At or before the next open enrollment period for participation in any paid leave bank or for the purchase of long term disability insurance, whichever is earlier, the chief justice for administration and management shall distribute to each employee a copy of such election form. Each employee shall complete and sign such form, specifically making the election thereunder, and shall further certify that he has read and understands the contents thereof and fully understands the consequences of his election. Nothing in this section shall be construed to affect existing collective bargaining agreements to the extent such agreements contain provisions contrary to the requirements herein.
SECTION 307. Notwithstanding the provisions of any general or special law to the
contrary, the criminal justice training council shall charge $1,800 per recruit for training
programs operated by said council for all persons who begin training on or after July 1, 1998.
For recruits of municipalities, the state comptroller shall transfer $1,800 multiplied by the
number of such recruits from each municipality from the local aid payments of the municipality
in which such recruits shall serve to the Local Aid Fund. Said council shall transmit the required
information to the comptroller and the comptroller shall make such transfers in the fiscal quarter
immediately following the completion of training.
The comptroller shall certify all such transfers to the house and senate committees on ways and
means not later than 30 days after completion of such transfer. Upon completion of training, said
training fee of $1,800 shall be deducted from a recruit's wages in 18 equal monthly installments,
unless otherwise negotiated between such recruit and the municipality in which such recruit shall
serve. All funds collected from persons other than recruits of municipalities shall be deposited in
the general fund.
SECTION 308. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special commission to study the training of municipal and state police officers. Said commission shall study and evaluate the current methods of police training and recommend changes for more enhanced, effective and efficient training of police officers by maximizing the use and availability of law enforcement training resources. Said commission shall study the latest technology, including on-line services, so-called, and other forms of media training. Said commission shall explore areas of police training that combine existing resources of the state police academy and the criminal justice training council. Said commission, shall consist of 13 members as follows: the secretary of public safety or his designee, three representatives of the Massachusetts Chiefs of Police Association, a representative from the department of state police, a representative of the Boston police department, the joint chairs of the committee on public safety, who shall serve as co-chairs, a representative from a campus police force from a public institution of higher education, a representative from a college that offers advanced degrees in the field of criminal justice, the director of the Massachusetts criminal justice training council, a representative from the International Brotherhood of Police Officers and a representative from Mass COP, so-called. Said commission shall file a report on the results of its study together with recommendations and any legislation necessary to carry out such recommendations, with the clerks of the house of representatives and the senate and the committee on public safety on or before March 1, 1999.
SECTION 309. Notwithstanding the provisions of any general or special law to the contrary, the division of fisheries and wildlife, in consultation with the metropolitan district commission, shall promulgate rules and regulations necessary to establish one-day licenses to fish at the Quabbin Reservoir; provided, however, that the fee for any such license shall be $5.
SECTION 310. Notwithstanding the provisions of any general or special law to the
contrary, the metropolitan district commission shall ensure that the sponsor of any concert or
other event held at the Hatch Shell, so-called, in the city of Boston:
(1) shall provide for the number of detailed police officers to be present on the Hatch Shell site
and adjacent property of said commission which is deemed necessary by the colonel of state
police or his designee to assure safety and security and the orderly flow of pedestrian and
vehicular traffic; and
(2) shall provide for the number of detailed police officers to be present on the streets adjacent to
said Hatch Shell site, under the care and control of the city of Boston, which is deemed
necessary by the police commissioner of said city or his designee to assure safety and security
and the orderly flow of pedestrian and vehicular traffic. The provisions of this section shall not
apply to any concert or other event held at the Hatch Shell which is sponsored or co-sponsored
by the commonwealth or the metropolitan district commission.
SECTION 311. Notwithstanding the provisions of any general or special law to the contrary, the metropolitan district commission shall not issue a permit for the use of properties under the control of the metropolitan district commission parks and recreation department pursuant to item 2440-0010 of section 2 including, but not limited to, the Hatch Shell, so-called, in the city of Boston or allow the holding of concerts or other events to a person who owes money for police, security, cleanup or other services to said commission or to any other state or municipal agency for any previous concert or event held at said Hatch Shell.
SECTION 312. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Water Resources Authority shall reimburse the town of Marblehead an amount not to exceed $15,000 for chlorination costs incurred in 1995 to remedy total coliform level violations in said town's water systems. The sum set forth in this section shall be in addition to the $10,000 authorized by chapter 261 of the acts of 1991.
SECTION 313. Notwithstanding the provisions of any general or special law to the contrary, the metropolitan district commission may authorize the North Randolph Little League, so-called, to build, maintain and utilize two additional fields at the recreational land bordering the former Nike site, so-called, in the Blue Hills reservation.
SECTION 314. The John Fitzgerald Kennedy Library and Park Fund established in section 4 of chapter 298 of the acts of 1976 is hereby abolished.
SECTION 315. Notwithstanding any general or special law to the contrary, the comptroller shall transfer any surplus in the John Fitzgerald Kennedy Library and Park Fund established in section 4 of chapter 298 of the acts of 1976 to the general fund.
SECTION 316. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Tax Exemption Escrow Trust Fund. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall, not later than June 30, 1998, transfer to said fund $162,500,000 from the general fund. Not later than June 30, 1999, said comptroller shall transfer from the fund herein established the amount of $162,500,000 plus any interest earned on said amount to the general fund.
SECTION 317. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Natural Resource Damages Trust Fund to be expended by the executive office of environmental affairs. Expenditures may be made from said fund, without further appropriation, for the purposes of funding natural resource restoration, replacement or acquisition of equivalent natural resources and other actions related thereto including, but not limited to, natural resource damage assessment, natural resource damage recovery and, if necessary, the costs of personnel and administration of studies or related activities conducted pursuant to the secretary's authority as trustee for natural resources pursuant to section 5 of chapter 21E of the General Laws, sections 23 to 27, inclusive, of chapter 130 of the General Laws, section 42 of chapter 131 of the General Laws, section 1907(f) of Title 42 of the United States Code, section 1321 of Title 33 of the United States Code, section 2706 of Title 33 of the United States Code or any other relevant and appropriate authority.
SECTION 318. Notwithstanding the provisions of any special or general law to the contrary, the division of medical assistance may expend from the medical assistance intergovernmental transfer account, within the Uncompensated Care Trust Fund, $32,000,000 for the intergovernmental funds transfer component of disproportionate share payments to certain acute care hospitals established in accordance with Title XIX, or any successor federal statute, any regulations promulgated thereunder, the medicaid state plan and the terms and conditions of agreements reached with the division for such transfer payments. Such funds may only be expended for such payments owed during the current fiscal year. No funds shall be expended unless a public entity is legally obligated to make an intergovernmental funds transfer to the division for deposit into said medical assistance intergovernmental transfer account in an amount specified in an agreement with such entity. An accounting of such payments shall be reported quarterly to the house and senate committees on ways and means. All revenues generated pursuant to the provisions of this section shall be credited to said medical assistance intergovernmental transfer account.
SECTION 319. Notwithstanding the provisions of any general or special law to the contrary, funds appropriated in items 4000-0860, 4000-0870, 4000-0880, 4000-0890 and 4000-0891 of section 2 shall be expended in fiscal year 1999 according to the budget neutrality plan, so-called, required by section 9B of chapter 118E of the General Laws. If the commissioner of medical assistance, in the course of said fiscal year, determines that such expenditures exceed the projections established in such plan for fiscal year 1999, or require substantial revisions to projected expenditures in subsequent fiscal years, said commissioner shall, within ten days, notify the secretary of administration and finance, the joint committee on health care and the house and senate committees on ways and means. If said commissioner determines that amounts appropriated in said items are insufficient to meet the purpose of any such item, said commissioner may file a plan to reallocate among such items up to 10 per cent of the amounts appropriated in said items with the clerks of the house and senate. Copies of such reallocation plan shall also be provided to the house and senate committees on ways and means and the executive office for administration and finance. Such reallocation plan shall delineate the following: (a) the amount proposed for transfer from each such item; (b) the amount proposed for transfer to each such item; (c) revised expenditure projections for each such item; and (d) revised member month caseload assumptions and per member per month cost assumptions on which such reallocation plan is based. Such reallocation plan shall be deemed approved if the general court takes no action to disapprove such reallocation plan within 45 days of its filing with said clerks. Once said reallocation plan is thereby approved, the comptroller shall transfer funds among said items as proposed in such reallocation plan. Any subsequent reallocation of funds among said items shall require the explicit approval of the general court in a supplemental appropriation act.
SECTION 320. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall transfer, without further appropriation, as of June 30, 1999, $36,952,082 from the general fund to the Children's and Seniors' Health Care Assistance Fund, established by section 2FF of chapter 29 of the General Laws.
SECTION 321. Notwithstanding the provisions of any general or special law to the contrary, federal reimbursements received for administrative expenditures made pursuant to the provisions of items 4000-0300, 4000-0308, 4000-0309, 4000-0310, and 4000-0325 of section 2 shall be credited proportionally to the general fund and to the Children's and Seniors' Health Care Assistance Fund in the same percentages as expenditures are made from each such item from said funds; provided however, that all federal revenues received pursuant to an enhanced rate of reimbursement authorized pursuant to the provision of Title XXI of the federal Social Security Act shall be credited to said Children's and Seniors' Health Care Assistance Fund.
SECTION 322. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance, hereinafter referred to as the division, and the division of health care finance and policy shall take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid to hospitals, determined by the division to be disproportionate share hospitals in accordance with Title XIX requirements, for free care costs of such hospitals. Such appropriate action may include, but shall not be limited to, the assessment on hospitals for their liability to the uncompensated care pool pursuant to chapter 118G of the General Laws. Such appropriate action shall include the establishment or renewal of an interagency agreement between the division and the division of health care finance and policy which may authorize the division to make deposits into and payments from an account established for the purposes of this section within the Uncompensated Care Trust Fund, established by section 18 of said chapter 118G or authorize the division of health care finance and policy to transfer uncompensated care fee revenue collected from hospitals pursuant to said chapter 118G or funds otherwise made available to said trust fund by the general court, to the division for the purposes of making disproportionate share adjustment payments to hospitals qualifying for such payments in accordance with the commonwealth's Title XIX state plan and relevant provisions of Title XIX of the federal Social Security Act. The division may expend amounts transferred to it from the Uncompensated Care Trust Fund by the division of health care finance and policy under such interagency agreement without further appropriation. In no event shall the amount of money assessed upon each hospital exceed the hospital's gross liability to the uncompensated care pool as determined by the division of health care finance and policy pursuant to said section 18 of said chapter 118G. Any federal funds obtained as a result of actions pursuant to this section shall be deposited in the general fund. The offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures to facilitate the expeditious assessment, collection and expenditure of funds pursuant to this section.
SECTION 323. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance shall charge agencies, as hereinafter provided, for workers' compensation costs, including administrative costs, incurred on behalf of the employees of such agencies. The personnel administrator or his designee shall notify agencies within ten days of the effective date of this act as to the change in calculation of workers' compensation chargebacks from fiscal year 1998. The personnel administrator shall notify agencies not later than 14 days after the effective date of this act as to the amount of their estimated workers' compensation costs for the fiscal year beginning July 1, 1998, and shall require all agencies to encumber funds in an amount sufficient to meet the estimated annual charges. The estimated workers' compensation costs for each agency shall be not less than the amount of the actual workers' compensation costs incurred by each such agency during the fiscal year ending June 30, 1998 and may include such additional sums as are deemed necessary by regulations promulgated pursuant to this section. Said personnel administrator shall revise the estimated workers' compensation costs for each agency on the first day of each quarter of the fiscal year commencing July 1, 1998. Within 30 days after the effective date of this act, for any agency that fails to encumber funds sufficient to meet the annual estimated charges, the comptroller shall encumber funds in an amount sufficient to meet the annual estimated charges on behalf of such agency. Costs to agencies for benefits paid on behalf of their employees shall be allocated as actual expenditures are made. Administrative expenses shall be allocated to agencies based on each agency's per cent of total benefits paid in the prior fiscal year. The comptroller shall charge each agency's workers' compensation costs to the agency's appropriation amount and shall transfer such amount to item 1750-0105 in section 2B for the purposes of workers' compensation paid with respect to public employees for any costs, including administrative costs, incurred during the fiscal year. The human resources division may expend an amount collected for all agencies under this section not to exceed $45,709,392 for hospital, physician, benefits and other costs, including administrative and personnel costs, without further appropriation. Not later than 14 days after the effective date of this act and on the first day of each succeeding quarter during the fiscal year, said division shall bill each agency for 25 per cent of such agency's annual estimated workers' compensation costs. Each agency shall be credited or billed for any differences between the previous quarter's estimated costs and actual costs incurred by such agency. The personnel administrator may establish regulations and procedures to implement the provisions of this section.
SECTION 324. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall transfer any surplus in the Re-employment and Job Placement Fund to the general fund.
SECTION 325. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall transfer any surplus or deficit in the Commonwealth Economic Development Fund to the general fund.
SECTION 326. Notwithstanding the provisions of any general or special law to the contrary, items 4130-3200, 4130-3700, 4400-1000, 4400-1100, 4400-9999, 4401-1000, 4403-2000, 4403-2110 and 4403-2120 in section 2 shall be charged to the Transitional Aid to Needy Families Fund, according to the approximate percentage established in the fund split, so-called, for each such item. Such approximate percentage so applied to each such item may range not more than five percentage points above or below such approximation for the purposes of achieving maintenance of historic expenditures, so-called, minimizing federal interference with the provisions of state law, and maximizing the effective use of federal funds consistent with the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, so-called, and chapter 5 of the acts of 1995. Such percentage so applied shall be based upon certification to the comptroller by the department of transitional assistance that such percentage reflects the appropriate distribution of actual expenditures necessary to achieve said purposes. Such percentage so charged shall be subject to the approval of the secretary of administration and finance. Expenditures not charged to the Transitional Aid to Needy Families Fund shall be charged by the comptroller to the general fund for each such item unless specified otherwise. The department shall report quarterly to the house and senate committees on ways and means on the expenditures charged to each such fund and the reasons therefor including, but not limited to, eligibility requirements established by said federal act and said chapter 5 and the relationship between the caseload distribution and costs. Such reports shall be filed not less than 30 days following the close of each state fiscal quarter.
SECTION 327. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall transfer, without further appropriation, $91,874,223 from the Transitional Aid to Needy Families Fund to the Child Care Fund not later than June 30, 1999.
SECTION 328. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall transfer, without further appropriation, $45,937,112 from the Transitional Aid to Needy Families Fund to the Social Services Program Fund or to said Social Services Program Fund via the Child Care Fund, not later than June 30, 1999.
SECTION 329. The director of housing and community development and the director of economic development may carry out an interagency agreement for the expenditure of $750,000 of previously transferred funds from the Oil Overcharge Trust Fund, so-called, for the one and two person program, so-called, for elders and families whose income is in excess of 150 per cent of the federal poverty level, but not more than 175 per cent of said level, and for a program of supplemental energy assistance for low-income elders and families to be administered in accordance with the Low Income Home Energy Assistance Act of 1981, as amended; provided, however, that said amount may be expended from said fund for the fiscal year ending June 30, 1999 without further appropriation; provided further, that unexpended funds from an interagency agreement between the director of housing and community development and the director of economic development for the fiscal year ending June 30, 1998 shall be carried forward at and retained by the division of housing and community development for such programs for low-income elders and families; provided further, that notwithstanding the provisions of any general or special law to the contrary, funds expended for such one and two person program and for such program of supplemental energy assistance for low-income elders and families shall not be subject to federal reimbursement; and provided further, that funds provided through interagency agreements authorized herein for supplemental energy assistance for low-income elders and families shall not constitute an ongoing obligation of the commonwealth.
SECTION 330. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Asbestos Cost Recovery Fund. Notwithstanding the provisions of any general or special law to the contrary, all sums awarded or received by the commonwealth, after the payment of fees and expenses, as a result of settlement, trial or judgment from Suffolk Superior Court No. 90-3791-A, Commonwealth of Massachusetts v. Owens Corning Fiberglass, et al., and other actions brought to recover damages relating to asbestos-containing materials in buildings owned or operated by the commonwealth, or received as dividend payments by the commonwealth on account of the bankruptcy of a manufacturer, seller or distributor of asbestos-containing materials in buildings owned or operated by the commonwealth, shall be segregated and deemed to be held in said fund. The division of capital asset management and maintenance shall develop a plan for the orderly expenditure of such sums as are received by the fund for the purposes of encapsulation, removal of asbestos and costs related thereto. The plan shall contain provisions for emergencies, the short-term and long-term control of asbestos in buildings owned or operated by the commonwealth and the removal and disposition of asbestos-containing materials located in such buildings. Any funds deposited in said fund shall not revert to the General Fund but shall remain available for the purposes provided herein. Any funds deposited as described above may be expended by the division of capital asset management and maintenance, subject to appropriation, consistent with the purposes of this section.
SECTION 331. Notwithstanding the provisions of any special or general law to the contrary, the division of medical assistance shall expend from the medical assistance intergovernmental transfer account, within the Uncompensated Care Trust Fund, $5,000,000 for the intergovernmental funds transfer component of Medicaid payments to the University of Massachusetts Memorial Hospital for hospital services provided pursuant to the terms and conditions of the contract between the division and said hospital. Programs funded pursuant to this section shall not create recurring liabilities to the commonwealth in future fiscal years. Said medical assistance intergovernmental transfer account shall be reimbursed $2,500,000 by the University of Massachusetts medical school pursuant to the provisions of this section. The University of Massachusetts medical school shall submit by December 2, 1998, to the house and senate committees on ways and means, a report detailing the programs funded from revenue associated with this section.
SECTION 332. Notwithstanding the provisions of any special or general law to the contrary, the division of medical assistance may expend from the medical assistance intergovernmental transfer account, within the Uncompensated Care Trust, an amount not to exceed $190,000,000 for a program of MassHealth payments, so-called, to certain publicly-operated entities providing Title XIX reimbursable services, directly or through contracts with hospitals under an agreement with the division relating to such payments and transfers and established in accordance with Title XIX of the Social Security Act or federal waivers thereof, federal regulations promulgated thereunder, the terms of the waiver under section 1115 of the Social Security Act, state law and the state Medicaid plan. Such funds may be expended only for services rendered during fiscal year 1999. Such expenditures shall reduce payments from the uncompensated care pool, established pursuant to the provisions of section 18 of chapter 118G of the General Laws, to such entities by a comparable amount. Said division shall notify the house and senate committees on ways and means if such expenditures are rendered ineligible for federal reimbursement. All expenditures from this item shall be reported quarterly to the house and senate committees on ways and means. Amounts so authorized for expenditure by this section shall be funded in part through intergovernmental transfers to the commonwealth of municipal or other nonfederal public funds. The Boston Public Health Commission and the Cambridge Public Health Commission shall transfer to said medical assistance intergovernmental transfer account not less than one-half of the gross amounts, so-called, made by the division under managed care contracts with said commissions.
SECTION 333. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance may reduce the appropriations made in section 2 by such amounts as said secretary shall deem appropriate to reflect the reduced cost of electricity which has or will result from the implementation of chapter 164 of the acts of 1997. Said secretary shall submit to the house and senate committees on ways and means a schedule of reductions by item of appropriation prior to the implementation of such reduction.
SECTION 334. Notwithstanding the provisions of any general or special law to the contrary, funds in the Commonwealth Sewer Rate Relief Fund, established by section 2Z of chapter 29 of the General Laws, shall be available to mitigate sewer rate increases due to debt service obligations created by issuing eligible indebtedness. For the purposes of this section, eligible indebtedness shall mean debt issued on or after January 1, 1990, which has a final date of maturity greater than five years after the date of issuance and which is incurred, wholly or in substantial part, to finance or refinance the costs of planning, design, or construction of any water pollution abatement project, or part thereof, required to be constructed to meet the provisions of the Federal Water Pollution Control Act, 33 U.S.C. section 1251 et seq., and sections 26 to 53, inclusive, of chapter 21 of the General Laws, or any wastewater collection or transportation project related thereto; provided, however, that eligible indebtedness shall not include any indebtedness for which the issuer has received assistance provided from state grants; provided further, that notwithstanding any provisions of this section to the contrary, eligible indebtedness shall include indebtedness incurred to finance the metrowest water supply tunnel, so-called; provided further, that eligible indebtedness shall include indebtedness incurred pursuant to loan agreements under the provisions of chapter 275 of the acts of 1989 which exceeded $50,000,000 by June 30, 1995 and the debt service attributable thereto for any year for purposes of this section shall be the net obligation borne by the issuer after application of any credits, subsidies, or assistance, however characterized, provided under the provisions of the aforementioned laws; and provided, further, that no issuer, which shall be defined as any city, town, district, commission, agency, authority, board or other instrumentality of the commonwealth or any of its political subdivisions, which is responsible for the ownership or operation of wastewater treatment projects, and is authorized to finance all or any part of the cost thereof through the issuance of eligible indebtedness, shall receive relief authorized herein in excess of 20 per cent of its annual debt service obligations due to eligible indebtedness. The division of local services of the department of revenue, in consultation with the department of environmental protection, shall develop guidelines to certify an issuer's eligible indebtedness and shall create a process to equitably distribute funds to eligible issuers, in order to mitigate extraordinary increases in sewer costs; and provided further, that funds disbursed in fiscal year 1999 shall be disbursed on or before March 31, 1999. The board, office or commission responsible for setting sewer charges in each city, town, district, or commission that either receives aid itself or is a member of a regional entity that receives aid pursuant to the provisions of this section shall certify to said division of local services that is has reduced sewer charges to reflect its share of any such aid.
SECTION 335. The comptroller shall transfer any unexpended balance in the Freight Rail Fund to the general fund.
SECTION 336. The comptroller shall transfer any unexpended balance in the Passenger Rail Transportation Fund to the general fund.
SECTION 337. Notwithstanding the provisions of any general or special law to the contrary, the state treasurer may make payments pursuant to section 38C of chapter 29 of the General Laws from items 0699-0015 and 0699-9100; provided, however, that such payments shall pertain to the bonds, notes or other obligations authorized to be paid from each item.
SECTION 338. Notwithstanding the provisions of any general or special law to the contrary, the comptroller may transfer from the following items in section 2 such amounts as otherwise would be unexpended on June 30, 1999, to those of the following said items which otherwise would have insufficient amounts to meet debt service payments for the fiscal year ending June 30, 1999; provided, however, that each amount transferred shall be charged to such funds as specified in the item to which such amount is so transferred: 0699-0015 and 0699-9100.
SECTION 339. Notwithstanding the provisions of any general or special law to the contrary, the department of mental health, the department of public health, the division of medical assistance and the division of health care finance and policy shall take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid for low income care costs at those mental health and public health facilities determined to be disproportionate share hospitals in accordance with requirements of Title XIX of the Social Security Act. Such appropriate action may include, but shall not be limited to, the establishment of a separate account within the Uncompensated Care Trust Fund, established by section 18 of chapter 118G of the General Laws, for the purpose of making disproportionate share adjustment payments to such qualifying mental health and public health facilities pursuant to relevant division of health care finance and policy regulations and the related Title XIX state plan amendment submitted by the division of medical assistance to the Health Care Financing Administration. The division of medical assistance, the department of public health, and the department of mental health may expend amounts transferred to it from such separate account within the Uncompensated Care Trust Fund without further appropriation. Any federal funds obtained as a result of actions taken pursuant to this section shall be deposited in the general fund. The state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures for the proper accounting and expenditure of funds pursuant to this section.
SECTION 340. For hospital fiscal year 1999, the private sector liability of purchasers and third party payers to the Uncompensated Care Trust Fund, established pursuant to section 18 of chapter 118G of the General Laws, shall be $315,000,000. For state fiscal year 1999, notwithstanding the provisions of any general or special law to the contrary, $30,000,000 generated by federal financial participation made available under Title XIX of the Social Security Act to reimburse the costs of said trust fund for disproportionate share hospitals shall be deposited into said trust fund.
SECTION 341. Notwithstanding the provisions of any general or special law to the contrary, the capital component of prospective rates of payment for nursing facility services established by the division of health care finance and policy for rate year 1999 may be developed using the costs of any year or years which said division, at its discretion and after consultation with representatives of nursing facilities and after public hearing, shall determine appropriate.
N.B. - The Acting Governor has vetoed this section
SECTION 342. Notwithstanding the provisions of any general or special law to the
contrary, the division of information technology shall enter into an interagency agreement with
the office of jury commissioner for the compilation of numbered resident lists and files as
intended by sections 10 and 11 of chapter 234A which the jury commissioner shall use to create
a master juror list which shall then be used to test a pilot project commencing in fiscal year
1999, the provisions of said chapter 234A notwithstanding. Said division shall eliminate
duplicate records and compile said numbered resident lists and files using as its source all
resident data contained in the central voter registry, the registry of motor vehicles list of drivers
and identification card holders, the list of recipients receiving benefits of programs offered by
the department of transitional assistance, the list of tax filers with the department of revenue,
persons applying for or receiving Medicaid from the division of medical assistance, or
unemployment compensation from the department of employment and training and lists from
other state agencies and nongovernmental sources as deemed necessary by the jury
commissioner in order to insure the most diverse jury pool possible. Notwithstanding privacy
laws or practices to the contrary, said agencies shall within 30 days from the date of request, for
all residents 17 years of age or older, provide the division of information technology with lists
containing names, mailing addresses, dates of birth, gender designations, race or ethnicity data
and social security numbers and the date of the recording of each record by each agency, if
available, and the division of information technology and the office of jury commissioner shall
not reveal the source of any names contained in such records, except as necessary for purposes
of the study by the Massachusetts Institute for Social and Economic Research. The division of
information technology, the office of jury commissioner and the Massachusetts Institute for
Social and Economic Research shall use data from such lists solely for juror summoning
purposes and for studying the results thereof, and their use of such lists for any other eligibility,
investigation, regulation or monitoring is expressly prohibited. Said division shall compile such
numbered lists and files and provide them to the office of jury commissioner on or before
February 1, 1999 in a format consistent with the office of jury commissioner's requirements.
Upon receipt, the jury commissioner shall prepare such list for the summonsing of jurors and for
the testing, as a pilot project, of said list with a focus towards expanding such pilot project
statewide as the method of summonsing jurors in the commonwealth. In order to comply with
the provisions of this section, the office of jury commissioner shall seek all appropriate
approvals from federal officials to permit the jury commissioner to obtain the names and
addresses of persons receiving Medicaid, unemployment compensation or benefits through the
department of transitional assistance. The jury commissioner shall file a report with the secretary
of administration and finance and the senate and house committees on ways and means on or
before February 28, 1999 certifying that: (1) the numbered resident lists and files have been
received and have been prepared for the summonsing of jurors, and (2) said office of jury
commissioner has begun or is ready to begin the testing of said list as a pilot project. Said report
shall outline which agency lists were used to create the master juror list, and shall certify that the
evaluation model created by the Massachusetts Institute for Social Economic Research shall be
used to assess the results of said pilot project.
N.B. - The Acting Governor has vetoed this section
SECTION 343. Notwithstanding the provisions of any general or special law to the
contrary, if the capital costs incurred under any of the previous department of mental health
replacement units contracts, so-called, with Berkshire Medical Center in the city of Pittsfield,
Cambridge Hospital in the city of Cambridge, New England Deaconess Hospital in the city of
Boston, or Providence Hospital in the city of Holyoke, are not negotiated and paid pursuant to
the terms of the interdepartmental service agreement for the joint purchase of certain mental
health services between the department of mental health and the division of medical assistance,
then the department of mental health may negotiate and pay capital costs to the entity directly.
Any payment made by the department of mental health pursuant to this section or by the division
of medical assistance or its contractor pursuant to the terms of the interdepartmental service
agreement shall be subject to the following: (i) if the entity sells or otherwise transfers a capital
asset associated with the replacement unit contract and the asset shall not be used by the
transferee for similar or like public purposes, then the entity shall pay to the commonwealth an
amount equal to the gain, if any, attributable to any accelerated depreciation costs paid by the
department of mental health; or (ii) if the entity ceases to use any capital asset associated with
the replacement unit contract for such public or similar public purposes for any other reason
attributable to the entity, then the entity shall repay to the commonwealth the accelerated
depreciation costs paid by the department of mental health.
SECTION 344. Notwithstanding the provisions of any general or special law to the
contrary, there is hereby established a mental retardation advisory council consisting of 15
persons to be appointed by the secretary of health and human services, with the approval of the
governor, five of whom shall be citizens who are members of the department's mental
retardation citizens' advisory committees across the state, and of the remaining ten, at least five
shall be appointed to represent one of the following professions and groups: state level medical,
psychological, nursing, educational, social work, occupational therapy, bar associations, state
level association for mental retardation, industrial and labor groups and the clergy; provided,
however, that not fewer than two of the members shall be individuals eligible for services by the
department. Upon the expiration of the term of office of any member, his successor shall be
appointed for a term of three years. No member shall be appointed to serve more than two
consecutive three-year terms. The council shall elect a chairman annually. The council shall
serve without compensation, but each member shall be reimbursed by the commonwealth for all
expenses necessarily incurred in the performance of his official duties.
Said advisory council shall have the following duties:
(a) to advise the commissioner on policy, program development and priorities of need in the
commonwealth for comprehensive programs in mental retardation;
(b) to participate with the department in holding a regular series of public hearings throughout
the commonwealth to obtain the views of the citizens concerning the programs of the department
and the needs of the people in mental retardation services;
(c) to review the annual plans and the proposed annual budget of the department, and to make
recommendations to the commissioner in regard thereto; and
(d) to hold at least three meetings per year and to convene special meetings at the call of the
chairman of the council, a majority of the council, or the commissioner.
SECTION 345. Notwithstanding the provisions of any general or special law to the contrary, the commissioners of mental retardation, mental health, the disabled persons protection commission and the Massachusetts rehabilitation commission shall report serious cases of abuse which constitute a felony under the General Laws including, but not limited to, all cases in which a person with a disability has died, has been the victim of a violation of sections 13F, 13H, 13K, 22 or 24 of chapter 265 of the General Laws, section 30 of chapter 266 of the General Laws, section 35 of chapter 272 of the General Laws, or section three or seven of chapter 272 of the General Laws, has suffered serious bodily injury as the result of a pattern of repetitive actions by a caretaker and all other matters which are reported to departmental personnel by mandated reporters or other employees who have contact with disabled persons in residential, day or other settings to the special investigative unit established under paragraph (i) of section 3 of chapter 19C of the General Laws which shall conduct an initial investigation and, pursuant to the provisions of section four of said chapter 19C, immediately refer such cases to the appropriate office of the district attorney. No department, agency or commission as described in this section shall be designated as the primary investigator in such felony abuse cases.
SECTION 346. There shall be created within the office of the chief administrative justice of the trial court an emergency task force on indigency verification. Such task force shall consist of the chief justice or his designee, the chief of the district court department or his designee, the chief counsel of the committee for public counsel services, the commissioner of probation and the president of the Massachusetts District Attorneys Association. The chief justice of the trial court shall chair said task force. Within 60 days of the effective date of this act such task force shall file with the house and senate committees on ways and means a report recommending procedures establishing an indigency verification program for those persons entitled to representation under Supreme Judicial Rule 3:10.
SECTION 347. Notwithstanding the provisions of any general or special law to the contrary, if an amount earmarked within any item of section two is insufficient to accommodate the full value of the rate increases provided under item 1599-6896 of section two of chapter 43 of the acts of 1997 and item 1599-6897 of this act, such earmark may be increased to accommodate such rate increases, subject to the approval of the secretary of administration and finance; provided, however, that in no event shall the amount of any earmark in section two of this act be decreased. The secretary of administration and finance shall report to the house and senate committees on ways and means on all such increases not more than 30 days after such increases have been approved.
SECTION 348. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized to enter into contracts with private vendors to identify and pursue cost avoidance opportunities for programs of the commonwealth and to enter into interdepartmental service agreements with state agencies, as applicable, for said purpose; provided, however, that payments to private vendors on account of such programs shall be made from actual cost savings as certified in writing to the house and senate committees on ways and means by the comptroller and the budget director that are attributable to such cost avoidance projects; provided further, that the comptroller may establish such procedures, in consultation with the budget director and the affected departments, as he deems appropriate and necessary to accomplish the purposes of this section; and provided further, that nothing herein shall be construed to permit the comptroller or the budget director to establish any accounts without prior statutory approval. The budget director shall report on a quarterly basis to the house and senate committees on ways and means the status of all cost avoidance opportunities which are undertaken pursuant to the provisions of this section. The comptroller shall report on such programs as a part of his annual report pursuant to section 12 of chapter 7A of the General Laws.
SECTION 349. Notwithstanding the provisions of any general or special law to the contrary, each city or town shall establish a wetlands protection fund for the deposit of all fees paid to the city or town under section 40 of chapter 131 of the General Laws. The fund shall be expended by the conservation commission without further appropriation for the purpose of defraying the costs of administering and enforcing said section 40 of said chapter 131, but only with the written approval of the mayor in cities, or city manager in plan E cities, or the selectmen in towns, or the town manager in towns which have adopted the town manager form of government.
SECTION 350. The department of environmental management shall designate the walking track located at the Quinsigamond state park in the city of Worcester as the "State Representative Andrew Collaro walking track" and the tennis courts located in said state park shall be designated as the "Senator Daniel J. Foley tennis courts".