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#101
Study of Tax-Exempt Land

Senator Hart of Boston moves to amend the bill in Section 68, by adding at the end there of the following:

"provided further that the commissioner of revenue shall consult with the Mayors of Boston, Springfield and Worcester and the Massachusetts Municipal Association when conducting this study."

#102
IMPROVED REAL ESTATE

Mr. Lees moves to amend the bill (Senate, No. 2010) by striking out sections 11 and 12.

#103
OVERLAY PROVISION

Mr. Lees moves to amend the bill (Senate, No. 2010) by striking out section 13.

#104
PENSION

Senator Hart of Boston moves to amend the bill in Section 63 by inserting at the end of subsection (a) the following:
", and furthermore, no municipality may implement the provisions of this section if it has available a special statutory
emergency reserve that requires at least a balance of 2.5% of prior year non-school departmental appropriations and said balance is fully unexpended."

#105
TELECOMMUNICATIONS EQUIPMENT TAXATION STUDY

Ms. Menard moves to amend the bill by adding the following Section:-
"SECTION 72. The commissioner of revenue shall conduct a study of the advisability of subjecting poles, underground conduits, wires and pipes of telecommunications companies to taxation by the municipality in which they are located. For purposes of this study, telecommunications companies shall include cable television, internet service, telephone service, data service and any other telecommunications service providers. The commissioner shall file a written report of the results of this study with the Joint Committee on Taxation, not later than December 31, 2003."

#106
Early Retirement

Senator Hart moves to amend the bill by striking out sub-sections C, D and E from Section 61.

#107
RETIREMENT BENEFITS FOR TERMINATED TEACHERS DUE TO BUDGETARY REDUCTIONS

Mr. Pacheco moves to amend the bill, by inserting after Section ___, the following new Section:-

SECTION:- "Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, a teacher, as defined in Chapter 32, who has been laid off because of budget cuts and has been recalled to active service may have such layoff time credited as creditable service. The State Teachers Retirement Board and State-Boston Retirement Board shall promulgate rules and regulations concerning buyback payments with regular interest. Such layoff time shall be considered as a leave of absence without any break in service. This bill would allow teachers who were laid off through no fault of their own but because of budget cuts to purchase time as creditable service in the retirement system.

#108
RELATIVE TO POSITION VACANCIES AND REMITTANCE OF BENEFITS

Mr. Glodis moves to amend the bill, in Section 61, by striking subsections (c) (d) and (e).

#109
Sheriffs Early Retirement

Mr. Lees moves to amend the bill (Senate, No. 2010) by striking out Section 62 and inserting in place thereof the following new Section:-

"SECTION 62. (a) Notwithstanding any general or special law to the contrary an
employee of a county sheriff's department or the sheriff's department of the former counties of Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex, or Worcester who is an active member in service and meets the eligibility requirements set forth in chapter 116 of the acts of 2002 as of the effective date of this section, shall be entitled to the same early retirement incentive benefits as provided in said chapter 116. Notwithstanding said chapter 116, in order to receive the retirement benefits provided by this section, an eligible employee shall file his application for retirement with the state board of retirement or the local retirement system no earlier than September 15, 2003 and no later than December 1, 2003. The retirement date for eligible employees shall be January 1, 2004.
(b)Notwithstanding any general or special law to the contrary, a sheriff of the former
counties of Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex, or Worcester, or a county sheriff, may fill a vacancy caused by early retirement under this section to the extent of not more than 50 per cent for groups 1 and 2, and 80 per cent for group 4 of the positions vacated if the position to be filled is essential and critical to the operations of the department.
(c) Acceptance of this section is at the discretion of each individual sheriff but acceptance shall be made by September 15, 2003 by notification to the state board of retirement or local retirement system.
(d) Notwithstanding any general or special law or any collective bargaining agreement or other employment contract to the contrary and in consideration of the benefits conferred in this section, an employee who elects to retire under this section and is eligible to receive a payment in lieu of accrued vacation time, unused sick leave or other benefit under such agreement or contract shall waive the required remittance of that payment at the time of retirement and shall be paid such payment over a period of three years and shall receive 1/3 of such payment at the date of retirement and shall receive 1/3 of such payment on January 1, 2005 and shall receive 1/3 of such payment on January 1, 2006. Each such employee shall sign a statement that he has agreed to receive 1/3 of such payment at the date of retirement, 1/3 of such payment on January 1, 2005 and 1/3 of such payment on January 1, 2006 prior to the approval by the state board of retirement of the employee's application for superannuation benefits and the additional benefit provided by this section. The state board of retirement shall deny an application for early retirement under this section by an employee who belongs to a bargaining unit for which a collective bargaining agreement inconsistent with this paragraph is in effect at the time of that application, unless the employee organization representing that employee has filed with said board and with the secretary of administration and finance a statement waiving any inconsistent provision of the agreement on behalf of all members of the bargaining unit who shall file applications
under this section."

#110
ENERGY SAVINGS

Ms. Melconian moves to amend the bill to include the following new sections:-

SECTION 1. Section 11C of Chapter 25A of the General Laws is hereby amended by striking subsections (a) through (e) and inserting in place thereof the following:
(a) As used in this section, the following words and terms shall have the following meanings:
"Energy savings measure," a program, facility or alteration thereto designed to produce energy savings, including but not limited to the following:
Insulation and/or reduced air infiltration of a structure and/or its walls, ceilings, roof or any systems within the structure.
Storm windows or doors, caulking or weather-stripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption.
Automated or computerized energy control systems, including computer software and technical data licenses.
Heating, ventilating, or air conditioning system modifications or replacements.
Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system.
Indoor air quality improvements.
Energy recovery systems.
Electric systems improvements.
Life safety measures that provide long-term operating cost reductions.
Building operation programs that reduce operating costs.
Cogeneration systems that produce steam or forms of energy such as heat or electricity for use primarily within a building or complex of buildings.
Water and other natural resource conservation.
Other energy conservation related improvements or equipment, including improvements or equipment related to renewable energy.
"Energy savings", a measured reduction in fuel, energy, operating or maintenance costs resulting from the implementation of one or more energy savings measures when compared with an established baseline of previous fuel, energy, operating or maintenance costs, including, but not limited to, future capital replacement expenditures avoided as a result of equipment installed or services performed pursuant to the guaranteed energy savings contract. For new construction, a projected reduction in fuel, energy, operation or maintenance costs created from the implementation of one or more energy conservation measures when compared with the projected fuel, energy, operation or maintenance costs for equipment if a guaranteed energy savings contract was not implemented.
"Guaranteed energy savings contract", a contract for the evaluation, recommendation and/or implementation of one or more energy savings measures in which payments are based, in whole or in part, on any energy savings attributable to the contract.
"Person", any natural person, business, partnership, corporation, union, committee, club, or other organization, entity or group of individuals.
"Public agency", a department, agency, board, commission, authority, or other instrumentality of the Commonwealth or political subdivision of the Commonwealth or two or more subdivisions thereof.
"Qualified provider", a person experienced in the design, implementation, and installation of energy savings measures.
"Request for qualifications", a solicitation directed to qualified providers issued by a public agency to obtain energy savings measures pursuant to a guaranteed energy savings contract subject to the provisions of this section. The request for qualifications shall include the following:
1. The name and address of the public agency.
2. The name, address, title, and phone number of a contact person.
3. The date, time, and place where qualifications must be received.
4. The evaluation criteria for assessing the qualifications.
5. A statement that the public agency may cancel the request for qualifications, or may reject in whole or in part any and all energy savings measures, when the public agency determines that cancellation or rejection serves the best interests of the public.
6. Any other stipulations and clarifications the public agency may require.
(b) A public agency may enter into a guaranteed energy savings contract in order to achieve energy savings at facilities in accordance with this section.
(c) All energy savings measures shall comply with current local, state, and federal construction and environmental codes and regulations.
(d) Before entering into a guaranteed energy savings contract, a public agency shall issue a request for qualifications. Public notice of the request for qualifications shall conform to the procedures set forth in subsection (1) of section forty-four J of chapter one hundred and forty-nine. Qualifications shall be opened publicly, in the presence of two or more witnesses, at the time specified in the request for qualifications, and shall be available for public inspection. The provisions of sections forty-four A, forty-four B and forty-four E through forty-four H, inclusive, of chapter one hundred and forty-nine shall not apply to contracts procured pursuant to this section. The provisions of section forty-four D of chapter one hundred and forty-nine shall apply as appropriate to qualifications submitted for contracts under this section, and every such qualification shall be accompanied by (1) a copy of a certificate of eligibility issued by the commissioner of the division of capital asset management, and (2) by an update statement.
The public agency shall evaluate the qualified providers to determines which best meet the needs of the public agency by reviewing the following:
(1) References of other energy savings contracts performed by the qualified providers;
(2) The certificate of eligibility and update statement provided by the qualified providers;
(3) Quality of the products proposed;
(4) Methodology of determining energy savings;
(5) General reputation and performance capabilities of the qualified providers;
(6) Substantial conformity with the specifications and other conditions set forth in the request for qualifications;
(7) Time specified in the qualifications for the performance of the contract; and
(8) Any other factors the public agency deems reasonable and appropriate, which factors shall be made a matter of record.
The public agency shall conduct discussions with, and may require public presentations by, each person who submitted qualifications in response to the request for qualifications regarding their qualifications, approach to the project, and ability to furnish the required services. The public agency shall select in order of preference three such persons (unless fewer persons respond) they deem to be the most highly qualified to perform the required services. The agency may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations conducted pursuant to subsection (e).
(e) The public agency shall negotiate a contract with the most qualified person at compensation which the public agency determines is fair, competitive, and reasonable. Should the public agency be unable to negotiate a satisfactory contract with the person considered to be the most qualified at a price the public agency determines to be fair, competitive, and reasonable, negotiations with that person must be formally terminated. The public agency shall then undertake negotiations with the second most qualified person. Failing accord with the second most qualified person, the public agency must terminate those negotiations and then undertake negotiations with the third most qualified person. Should the public agency be unable to negotiate a satisfactory contract with any of the selected persons, the public agency may select additional qualified providers who responded to the request for qualifications, in the order of their competence and qualification, and continue negotiations in accordance with this subsection until either an agreement is reached or the public agency cancels the request for qualifications.
(f) The public agency shall provide public notice of the meeting at which it proposes to award a guaranteed energy savings contract, of the names of the parties to the proposed contract, and of the purpose of the contract. The public notice shall be made at least 10 days prior to the meeting. The public agency shall promptly publish in the central register notice of the contract award.
(g) The guaranteed energy savings contract may include a written guarantee of the qualified provider that either the energy savings will meet or exceed the costs of the energy savings measures within the lesser of 20 years or the average life of the equipment installed by the qualified provider, in which case the qualified provider shall reimburse the public agency for any shortfall of guaranteed energy savings on an annual basis. The guaranteed energy savings contract may provide for installment and/or lease payments over a period of time, not to exceed 20 years.
(h) Before entering into a guaranteed energy savings contract, the public agency shall require the qualified provider to file with the public agency a payment and/or a performance bond relating to the installation of energy savings measures, in an amount the public agency finds reasonable and appropriate.
(i) Guaranteed energy savings contracts may extend beyond the fiscal year in which they become effective.

SECTION 2. Paragraph 1 of subsection (b) of Section 1 of Chapter 30B of the General Laws is hereby amended by inserting after the word "thirty" the following:- ", section eleven C of chapter twenty-five A".

SECTION 3. Local authorities may amend existing energy service agreements to bring products and services to additional buildings or assets in the community. Such amendments may be accomplished through negotiation with the selected energy services provider.

#111
RELATIVE TO AN EARLY RETIREMENT INCENTIVE FOR THE CITY OF MEDFORD

Mr. Shannon moves to amend the bill, (House 4003, as amended), by inserting at the end thereof the following new section:--

SECTION__. Chapter 382 of the Acts of 2002 is hereby amended, in the first paragraph of section 1, by deleting the words "November 1, 2003" and inserting in place thereof the words "May 1, 2004".
Said chapter 382 is hereby further amended, in the fourth paragraph of section 1, by deleting the words "December 2, 2003" and inserting in place thereof the words "June 2, 2004".
Said chapter 382 is hereby further amended, in the fifth paragraph of section 1, by deleting the words "May 31, 2004" and inserting in place thereof the words "July 31, 2004".
Said chapter 382 is hereby further amended, in section 3, by deleting the words "January 15, 2004" and inserting in place thereof the words "June 30, 2004".

#112
RELATIVE TO LIBRARY GRANT WAIVERS

Mr. Shannon moves to amend the bill, (House 4003, as amended), by inserting after section 71 the following new section:--
SECTION__. Notwithstanding the provisions of section 19A of chapter 78 of the General Laws, or any other general or special law to the contrary, the board of library commissioners shall grant a waiver to any city or town that experiences a reduction in state aid of 10 per cent or more so that said city or town shall qualify for state aid for public libraries.

#113
FACILITATE THE FILING OF TAX TITLE PETITIONS

Mr. Morrissey moves to amend the bill, Senate, No. 2010, by inserting at the end thereof the following new section:-

SECTION . Chapter 60 is hereby amended in section sixty-five by striking in the first sentence the words "six months" and inserting in place thereof the words "sixty days".

#114
FAIRNESS IN OVERLAY IMPLEMENTATION

Ms. Wilkerson moves that the bill be amended by adding at the end thereof the following new section:

"SECTION___. Section 1. Section 5 of Chapter 717 of the Acts of 1957 is hereby repealed.
Section 2. Section 25 of Chapter 59 of the General Laws is hereby amended by deleting the words "city or town, except Boston," from the first sentence and replacing it with the following "city or town."

#115
Relative to Certain Municipal Costs

Mr. Glodis moves to amend the bill by inserting after Section 71 the following new section:-

SECTION ___. Section 1. Notwithstanding the provisions of section 27C of chapter 29 of the General Laws as most recently amended by section 24 of chapter 71 of the Acts of 1993, or any other general or special law to the contrary, any proposal initiated by the Department of Environmental Protection in the form of a rule, regulation or so-called guidance document or policy resulting in the imposition of additional cost to a city or town shall be termed a "local mandate". Local mandates shall include but not be limited to any Department of Environmental Protection initiated rule, regulation or so-called guidance document or policy that: (1.) requires any city or town to undertake any service or direct or indirect cost obligation, or to establish, expand or modify any existing activity in such a way that results in the expenditure of funds or resources, or results in the diversion of funds or resources from any existing activity. For the purposes of this section, the term "existing activity" shall include any program or service lawfully undertaken by any city or town under the authority of any law, special law, administrative rule or regulation or city or town charter, or; (2.) relieves the state or a county from providing a service or program so that any city or town instead incurs the direct or indirect cost of such service or program.
Section 2. No proposal initiated by the Department of Environmental Protection in the form of a rule or regulation, or any so-called guidance document or policy, shall become effective until a regulatory impact statement has been completed, made public during the hearing process described in chapter 30A of the General Laws and filed with the secretary of state. The regulatory impact statement shall: (a) identify the problem, issue or deficiency addressed by the proposal; (b) identify the methodology or approach, including identification of expert information and analysis used to address the problem, issue or deficiency; (c) identify stakeholders who will be affected and to what extent by the proposal; (d) identify when such proposal will become effective, when such proposal will be changed, if known, and how and when the proposal will be reviewed in the future, if at all; (e) identify and describe the immediate and long term financial impacts of the proposal on all stakeholders, including the agency or entity issuing the proposal, any affected private party or entity, the state, the cities and towns, and the general public. Such financial impact statement shall consider permitting costs, internal compliance costs, and indirect costs, if any; (f) identify the fiscal effect on the public and private sectors for the first and second year of the proposal's existence, and provide a projection of fiscal impact over the first five years of the proposal's existence; and (g) identify and describe, specifically, the benefits of the proposal. The secretary of administration and finance shall adopt regulations to further define and implement the use of regulatory impact statements in said executive offices' and agency's rulemaking.
Section 3. The Department of Environmental Protection shall maintain a notification list of stakeholders in their proposals and who may request preliminary notification of such proposals, such request renewed annually by persons or groups in December. No later than thirty days prior to the notice of hearing described above the agency shall send a preliminary notification of the proposal to each stakeholder who has requested preliminary notification of the proposal and to the Joint Legislative Committee on Natural Resources, the Joint Legislative Committee on Local Affairs, the House and Senate Committees on Ways & Means, the Office of the State Auditor and the Massachusetts Municipal Association.
The preliminary notification of the proposal shall (a) identify the proposal to be noticed for hearing and the scope of the proposal, (b) provide the statutory authority for such proposal, and (c) identify the person within said executive office or agency responsible for the proposal and who can be contacted for more information.
Section 4. No proposal initiated the by the Department of Environmental Protection in the form of a rule, regulation, so-called guidance document or policy shall become effective until said executive office and agency have complied with the provisions of Massachusetts Administrative Procedures Act established under the provisions of Chapter 30A of the General Laws. Any entity claiming to be aggrieved by lack of compliance with said chapter by said executive office or agency shall be permitted to file a petition for relief with the superior court.

#116
RELATIVE TO UNDERGROUND UTILITIES

Mr. Shannon moves to amend the bill, (House 4003, as amended), by deleting Section 9 in its entirety.

#117
URBAN CENTER HOUSING - TAX INCREMENT FINANCING AND TAX ABATEMENT PILOT PROGRAM FOR MIXED COMMERCIAL AND RESIDENTIAL USE

Ms. Chandler moves to amend the bill by inserting after section 6 the following new section:-

SECTION . Chapter 40 of the General Laws is hereby amended by adding the following section:-
Section 60. Urban Center Housing - Tax Increment Financing.
(a) Notwithstanding any general or special law to the contrary, a city or town by vote of its town meeting, town council or city council with the approval of the mayor where required by law, on its own behalf or in conjunction with 1 or more cities or towns and pursuant to regulations issued by the director of housing and community development, in consultation with the department of economic development and the department of revenue, may adopt and prosecute an urban center housing tax increment financing plan, hereinafter referred to as a UCH-TIF plan, intended to encourage increased residential growth, affordable housing and commercial growth in urban center housing zones and do all things necessary thereto; provided, however, that the UCH-TIF plan shall:
(i) designate any area of the city or town as an urban center housing tax increment financing zone, hereinafter referred to as a UCH-TIF zone, which shall be defined as a commercial center characterized by a predominance of commercial land uses, a high daytime or business population, a high concentration of daytime traffic and parking and a need for multi-unit residential properties; provided, however, that the designation of a UCH-TIF zone shall be subject to the approval of the department of housing and community development pursuant to regulations adopted by the department consistent with this section; provided further, that a city or town may not enter into any UCH-TIF agreement, as defined in clause (v), unless the area governed by the UCH-TIF agreement is so designated and approved by the department of housing and community development; and provided further, that in the case of a UCH-TIF plan adopted by more than 1 city or town, the areas designated as UCH-TIF zones shall be contiguous areas of those cities and towns;
(ii) describe in detail all construction, reconstruction, rehabilitation and related activities, public and private, contemplated for such UCH-TIF zone as of the date of the adoption of the UCH-TIF plan; provided, however, that in the case of public construction as aforesaid, the UCH-TIF plan shall include a detailed projection of the costs and a betterment schedule for the defrayal of such costs; provided further, that the UCH-TIF plan shall provide that no costs of such public constructions shall be recovered through betterments or special assessments imposed on a party which has not executed a UCH-TIF agreement in accordance with clause (v); and provided further, that in the case of private construction as aforesaid, the UCH-TIF plan shall include the types of affordable housing and residential and commercial growth which are projected to occur within such UCH-TIF zone, with documentary evidence of the level of commitment therefor including, but not limited to, architectural plans and specifications as required by the regulations;
(iii) authorize tax increment exemptions from property taxes, in accordance with the paragraph (a) of clause Fifty-first of section 5 of chapter 59, for a specified term not to exceed 20 years, for any parcel of real property which is located in the UCH-TIF zone and for which an agreement has been executed in accordance with clause (v); provided, however, that the UCH-TIF plan shall specify the level of exemptions expressed as an exemption percentage, not to exceed 100 per cent to be used in calculating the exemption under said paragraph (a) of said clause Fifty-first of said section 5 of said chapter 59; provided further, that such exemptions shall be calculated for each such parcel as provided in said paragraph (a) of said clause Fifty-first of said section 5 of said chapter 59 using an adjustment factor for each fiscal year since the parcel first became eligible for such exemption pursuant to this clause. The inflation factor for each fiscal year shall be a ratio:
(1) the numerator of which, shall be the total assessed value of all parcels of all residential real estate that are assessed at full and fair cash value for the current fiscal year minus the new growth adjustment factor for the current fiscal year attributable to the residential real estate as determined by the commissioner of revenue pursuant to subsection (f) of section 21C of said chapter 59; or
(2) the numerator of which, in a UCH-TIF zone where the property includes a mix of residential and commercial uses, shall be the total assessed value of all parcels of all residential and commercial real estate that are assessed at full and fair cash value for the current fiscal year minus the new growth adjustment factor for the current fiscal year attributable to the residential and commercial real estate as determined by the commissioner of revenue pursuant to said subsection (f) of said section 21C of said chapter 59; and
(3) the denominator of which shall be the total assessed value for the preceding fiscal year of all the parcels included in the numerator; provided, however, that such ratio should not be less than 1.
(iv) establish a maximum percentage of the costs of any public construction, referenced in clause (ii) and initiated subsequent to the adoption of the UCH-TIF plan, that can be recovered through betterments or special assessments against real property eligible for tax increment exemptions from property taxes pursuant to clause (iii) during the period of the parcel's eligibility for exemption from annual property taxes pursuant to said paragraph (a) of said clause Fifty-first of said section 5 of said chapter 59, notwithstanding chapter 80 or any other general or special law authorizing the imposition of betterments or special assessments;
(v) include executed agreements, hereinafter referred to as UCH-TIF agreements, between a city and town and each owner of real property which is located in a UCH-TIF zone, but each such agreement shall include, but not be limited to, the following: (1) all material representations of the parties which served as a basis for the descriptions contained in the UCH-TIF plan in accordance with clause (ii) and which served as a basis for the granting of a UCH-TIF exemption; (2) any terms deemed appropriate by the city or town relative to compliance with the UCH-TIF agreement including, but not limited to, what shall constitute a default by the property owner and what remedies shall be allowed between the parties for any such defaults, including an early termination of the agreement; (3) provisions requiring that either 25 per cent of the housing units assisted by the UCH-TIF agreement shall be affordable to occupants or families with incomes at or below 80 per cent of the median income for the area in which the city or town is located as defined by the United States Department of Housing and Urban Development or such other requirement of affordable housing as is necessary to achieve financial feasibility for the development pursuant to regulations and guidelines promulgated by the department of housing and community development; (4) provisions stating that housing units that meet the affordability requirements of subclause (3) shall subject to use restrictions as defined in this section; (5) provisions stating that the property shall be subject to an option to purchase and a right of first refusal as defined in subsections (c) and (d); (6) a detailed recitation of the tax increment exemptions and the maximum percentage of the cost of public improvements that can be recovered through betterments or special assessments regarding a parcel of real property pursuant to clauses (iii) and (iv); (7) a detailed recitation of all other benefits and responsibilities inuring to and assumed by the parties to an agreement; and (8) a provision that the agreement shall be binding upon subsequent owners of the parcel of real property; and
(vi) delegate to a board, agency or officer of the city or town, the authority to execute agreements in accordance with clause (v).
(b) An executed UCH-TIF agreement shall be submitted by the applicable city or town to the department of housing and community development for the approval of the director; provided, however, that the city or town shall, if it has not previously done so, submit a plan showing the boundaries of its urban center housing zone and a report explaining the criteria used by the city or town in establishing the zone; provided, however, that the director shall review each UCH-TIF plan and agreement to determine whether they comply with the terms of this section and any regulations which may be adopted by the director of housing and community development; provided further, that the director shall certify, based upon the information submitted in support of the UCH-TIF plan by the city or town and through such additional investigation as the director shall make, that the plan and agreement are consistent with the requirements of this section and will further the public purpose of encouraging increased residential growth, affordable housing and commercial growth in the commonwealth; provided further, that a city or town may, at any time, revoke its designation of a UCH-TIF zone and, as a consequence of such revocation, shall immediately cease the execution of any additional agreements pursuant to clause (v) of subsection (a); provided further, a revocation shall not affect agreements relative to property tax exemptions and limitations on betterments and special assessments pursuant to said clause (v) of said subsection (a) or use restrictions or options to purchase and rights of first refusal required by this section which were executed before the revocation; provided further, that the board, agency, or officer of the city or town authorized pursuant to clause (vi) of said subsection (a) to execute agreements shall forward to the board of assessors a copy of each such agreement, together with a list of the parcels included therein; and provided further, that an executed and approved UCH-TIF shall be recorded in the registry of deed or the registry district of the land court wherein the land lies.
(c) Notwithstanding any other general or special law to the contrary, a affordable housing unit benefiting from a real estate tax exemption under this section that meets the affordability requirements of subclause (3) of clause (v) of subsection (a) shall continue to meet those requirements for 40 years or for its useful life, whichever is longer as may be specified in the recorded restriction. Such restriction shall be approved by the department of housing and community development in accordance with section 32 of chapter 184 and shall be recorded in the registry of deeds or the registry district of the land court wherein the land lies. Upon the expiration of such restrictions, the department of housing and community development or its assignee shall have an option to purchase the property subject to or previously subject to a UCH-TIF agreement.
(d) (1) Within 120 days after the expiration of the affordability restrictions created under this section, the department or its assignee, who shall be a qualified developer selected pursuant to the terms of this section under the guidelines of the department, shall have an option to purchase the property at its current appraised value reduced by any remaining obligation of the owner. Two impartial appraisers shall determine, within 60 days after the expiration of the affordability restrictions, the current appraised value in accordance with recognized professional standards. Two professionals in the field of multi-unit residential housing shall select each such appraiser. The owner and the department, respectively, shall each designate 1 professional within 30 days after the expiration of the affordability restrictions. If there exists a difference in the valuations provided by the appraisals, the 2 valuations shall be added together and divided by 2 to determine the current appraised value of the property.
(2) Prior to a sale or transfer or other disposition of housing assisted under this section where the department has not previously exercised an option to purchase, an owner shall offer the department or its assignee, who shall be a qualified developer selected pursuant to this section under the guidelines of the department, a first refusal option to meet a bona fide offer to purchase the property. The owner shall provide to the department or its assignee written notice, by regular and certified mail, return receipt requested, of hiss intention to sell, transfer or otherwise dispose of the property. The department or its assignee shall hold a first refusal option for the first 120 days after receipt of the owner's notice of intent to transfer the property. Failure to respond to the written notice of the owner's intent to sell, transfer or otherwise dispose of the property within 120 days after the receipt of the notice shall constitute a waiver of the right of first refusal by the department.
(3) No sale, transfer or other disposition of the land shall be consummated until either the first refusal option period has expired or the owner was notified in writing by the department or assignee in question that the option will not be exercised. Such option may be exercised only by written notice signed by a designated representative of the department or its assignee, mailed to the owner by certified mail at such address as may be specified in his notice of intention and recorded with the registry of deeds or the registry district of the land court of the county in which the affected real property is located, within the option period. If the first refusal option has been assigned to a qualified developer selected pursuant to this section under guidelines issued by the department, such written notice shall state the name and address of the developer and the terms and conditions of the assignment. An affidavit before a notary public that the notice of intent was mailed on behalf of the owner shall conclusively establish the manner and time of the giving of the notice; provided, however, that the affidavit, and the notice that the option will not be exercised shall be recorded with the registry of deeds or the registry district of the land court of the county in which the affected real property is located. Each notice of intention, notice of exercise of the option and notice that the option will not be exercised shall contain the name of the record owner of the land and description of the premises to be sold or converted adequate for identification thereof. Each such affidavit before a notary public shall have attached to it a copy of the notice of intention to which it relates. The notices of intention shall be deemed to have been duly mailed to the parties above specified if addressed to them in care of the keeper of records for the party in question.
(4) Upon notifying the owner in writing of its intention to pursue its first refusal option during such 120-day period, the department or its assignee shall have an additional 120 days, beginning on the date of the termination of the first refusal option period, to purchase the property. The time periods may be extended by mutual agreement between the department or its assignee and the owner of the property; provided, however, that any such extension agreed upon shall be recorded in the registry of deeds or the registry district of the land court of the county in which the affected real property is located. Within a reasonable time after request, the owner shall make available to the department or its assignee any information, which is reasonably necessary for the department to exercise its rights. The department or its assignee may purchase or acquire the property only for the purposes of preserving or providing affordable housing; provided, however, that such housing shall remain affordable for not less than 40 years. Such use restrictions shall be recorded in the registry of deeds or the registry district of the land court wherein the land lies.
(e) The owner of property subject to a UCH-TIF plan shall certify to the city or town the income of the families or occupants, upon initial occupancy, of the affordable housing units designated in the UCH-TIF agreement and such certification shall be provided to the department on an annual basis. If the owner fails to provide certification or otherwise fails to comply with the UCH-TIF agreement, including failing to maintain the affordability of housing units assisted under this section, the city or town may place a lien on the property in the amount of the real estate tax exemptions granted pursuant to the UCH-TIF agreement for any year in which the owner is not in compliance with this subsection. If the city or town determines, with the approval of the department of housing and community development, that the owner is unlikely to come into compliance with the affordability requirements of subclause (3) of clause (v) of subsection (a), the city or town may place a lien on the property in the amount of the total real estate tax exemption granted pursuant to the UCH-TIF agreement. Any such lien shall be recorded in the registry of deeds or the registry district of the land court wherein the land lies.

Ms. Chandler moves to further amend the bill by inserting after section 7 the following new section:-
SECTION . Tax Abatement Pilot Program for Mixed Commercial and Residential Use.
(a) The department of housing and community development, in consultation with the department of revenue, shall establish a pilot mixed-use building rehabilitation abatement program for the purpose of stimulating the development of affordable housing in mixed-use structures. The department of housing and community development may approve applications from cities and towns for the creation of not more than 300 units of housing in each of the 3 fiscal years beginning in fiscal year 2004.
(b) No application shall be accepted unless it is accompanied by a signed agreement, approved by the department, between the owner and the municipality and binding on subsequent owners of the property, stating that 50 per cent of the housing units assisted by the abatement program shall be affordable to occupants whose income is less than 80 per cent of the median income for the area in which the city or town is located as defined by the United States Department of Housing and Urban Development. A unit that meets the affordability requirements of the previous sentence shall continue to meet those requirements for 20 years or for the useful life of the property, whichever is longer. If the owner of property benefited by the pilot program fails to certify to the city or town and to the department of housing and community development compliance with these affordability restrictions, the city or town may place a lien on the property in the amount of the real estate abatements granted pursuant to the pilot program.
(c) Abatements granted shall be for the commercial portion of the property and shall not exceed 7 years duration. The amount of abatement granted shall be equivalent to the difference between the commercial and residential rate established by the city or town, unless the department of housing and community development finds that an additional amount is necessary to make the rehabilitation project economically feasible. In no case shall the amount of the abatement exceed 50 per cent of the established residential tax rate for the property.
(d) The department of housing and community development shall promulgate rules and regulations to implement the pilot mixed-use building rehabilitation abatement program.

#118
RELATIVE TO CIVIL PROCESS FEES

Mr. Shannon moves to amend the bill , (House 4003, as amended), by inserting after section 71 the following new section:--

SECTION____. Chapter 262 of the General Laws is hereby amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-
Section 8. The fees of sheriffs, deputy sheriffs and constables shall be as follows:
A. For the service of civil process:
(1) For service of an original summons, trustee process, subpoena or scire facias, either by reading it or by leaving a copy thereof, $20 for each defendant upon whom service is made, except as herein otherwise provided.
(2) For service of an original summons and complaint for divorce or for any other service required to be served in hand, $30 for each defendant upon whom service is made.
(3) For attestation of each copy of a writ, precept or process, except, as herein otherwise provided, $5.
(4) If the officer by the direction of the plaintiff or his attorney makes a special service of a writ or precept, either by attaching personal property or arresting the body, he shall be entitled to $2 for each defendant upon whom the writ is so served, and $8 additional for custody of the body arrested, and at the same rate for each day during which he has such custody.
If the officer employs an assistant in the arrest of the body, he shall be entitled to $5 a day for such assistant.
(5) For the custody of personal property attached, replevied or taken on execution, not more than $50 for each day of not more than eight hours for the keeper while he is in charge, and not more than $20 a day for the officer for a period not longer than ten days; but the officer may be allowed a greater compensation for himself or his keeper, or compensation for a longer period, by the consent of the plaintiff, or by order of the court upon a hearing. He shall also be entitled to expenses for packing, labor, teaming, storage and taking and preparing a schedule of property attached, replevied or taken on execution, if he certifies that such expenses were necessary and are reasonable.
(6) For an attachment on mesne process of land or of any leasehold estate, $20 for each defendant against whom an attachment is made, 32 cents a mile each way for travel from the place of service to the registry, and his fee for the copy deposited in the registry of deeds or land court, together with the recording fees actually paid.
(7) For a special attachment of real estate, $10 additional for each person against whom an attachment is made.
(8) For the service of a writ of replevin: for seizure of property, $10 for each defendant; securing and swearing appraisers, $4, and the actual amount paid to appraisers, as hereinafter provided; examining and approving sureties, $5; delivery of property replevied, $5; for each service, $5 for each copy, at the rate hereinbefore provided for copies of writs, precepts or other processes.
(9) For a levy on real estate:
(a) For preparing and serving notice of sale, a fee not to exceed $50, plus travel.
(b) For posting notices of sale, $20, plus travel.
(c) The necessary expenses of advertising.
(d) For the sale of land or of any leasehold estate, $20.
(e) For preparing, executing and acknowledging deed, $25.
(f) For travel, 32 cents a mile each way from the place where he receives the execution to the office of the register of deeds, and his fee for the copy.
(10) For a sale of personal property on mesne process or on execution the following:
(a) For service of a copy of notice to appoint appraisers, $8 for each person upon whom service is made.
(b) The necessary expenses of taking and preparing a schedule of property proposed to be sold.
(c) For attendance upon and swearing appraisers, $10.
(d) The amount actually paid to appraisers as hereinafter provided.
(e) For preparing and posting notice of a proposed sale, $10, plus travel.
(f) The necessary expenses of keeper, labor and advertising.
(g) For custody of property, $10 a day.
(h) For services as auctioneer, or for services of an auctioneer in selling property, a fair and reasonable amount.
(i) If the sale is made on execution, poundage may be charged as hereinafter provided.
(j) The fair compensation for the services of an appraiser shall not be more than $30 for each day's service, but the officer may be allowed a greater compensation for the appraisers by an order of the court.
(k) For each adjournment of sale of real or personal property, $10.
(11) For taking bail and furnishing and writing the bail bond, $2, which shall be paid by the defendant, and taxed in his bill of costs, if he prevails.
(12) For serving an execution in a personal action by copy and demand on debtor or on trustee, $10 and travel, if the execution is not collected in whole or in part; for serving an execution in a personal action, and collecting damages or costs on an execution, warrant of distress or other like process, for an amount not exceeding $100, 10 cents for every dollar; all above $100, and not exceeding $500, 5 cents for every dollar; and all above $500, 2 cents for every dollar; but such percentage shall be allowed only upon the amount actually collected. A levy of the execution upon his body shall be considered, so far as the fees of the officer are material, a full satisfaction of the execution if the debtor has recognized with surety or sureties as required by law.
(13) For serving a writ of seisin or possession in a real action, $15 for each parcel.
(14) For serving an execution upon a judgment for partition, or for assignment of dower or curtesy, $2 per day.
(15) For serving a writ of capias, a writ of habeas corpus, a writ of ne exeat, or other process of civil arrest in a civil proceeding, $50, plus, upon consent of the plaintiff or upon order of the court, a greater compensation which may include the services of an assistant if necessary, plus travel.
(16) For serving a venire or notice to jurors for attendance upon any court, civil or criminal, $10 for each person upon whom service is made.
(17) For summoning witnesses, $20 for each person upon whom service is made, and $2 for each copy served, together with the fee paid to the witness.
(18) For dispersing treasurer's process warrants and proclamations of all kinds, $4 each.
(19) For travel in the service of original writs, executions, warrants, summonses, subpoenas, notices and other processes, 32 cents a mile each way, to be computed from the place of service to the court or place of return; and if the same precept, or process is served upon more than one person, the travel shall be computed from the most remote place of service, with such further travel as was necessary in serving it; if the distance from the place of service to the place of return exceeds twenty and does not exceed fifty miles, 32 cents a mile one way only shall be allowed for all travelexceeding twenty miles, and, if it exceeds fifty miles, only 6 cents a mile one way shall be allowed for all travel exceeding that distance.
(20) For travel in the service of venires and notices to jurors, 32 cents a mile for the distance actually traveled.
(21) For posting warrants, for notifying town meetings or for other purposes, $5 for each copy posted together with 32 cents a mile for the distance actually traveled.
B. For the service of criminal process:
(1) For serving a warrant of capias in a criminal proceeding, $50, plus, upon consent of the plaintiff or upon order of the court, a greater compensation which may include the services of an assistant if necessary, plus travel, and of a summons upon the defendant, $20, for each person upon whom the same is served.
(2) For a copy of a mittimus, warrant or other precept required by law in criminal cases, $5.
(3) For service of a witness, summons or subpoena in criminal cases, $20 plus travel in the amount of 32 cents a mile each way for a distance of not more than twenty miles, and for any excess over twenty miles, 7 cents a mile each way, and no more. The distance shall be computed from the most remote place of service to the place of return, but upon a subpoena the court shall reduce the fee for travel to a reasonable amount for the service performed if the travel charged has not been actually performed by the officer who made the service.
(4) For service of an order of notice under chapter two hundred and seventy-three A, $20.

SECTION ___. Chapter 41 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 95 the following new sections:-
Section 96. Constables appointed pursuant to the provisions of sections 91, 91A and 91B or otherwise elected to serve as such in a city or town shall deposit 50 per cent of the fees collected by them for the service of civil process in excess of the fee structure in place for section 8 of chapter 262 of the General Laws prior to July 1, 2003 with the city or town treasurer. The treasurer shall deposit such funds into the general fund of said city or town and such funds shall be expended, subject to appropriation by a majority vote of the city council in a city or by a majority vote of town meeting in a town, for any purpose or purposes for which the city or town deems necessary.
Section 97. Each constable shall annually on or before the 15th day of April file with the city or town treasurer an account signed by him under the penalties of perjury of all fees and money received by him under the provisions of section 8 of chapter 262 for the service of civil process.

#119(Redraft)
An Amendment Creating a Mandate Relief Process

Mr. Tarr moves to amend the bill (Senate 2010) in by adding, at the end thereof, the following new section: -

"SECTION___. Notwithstanding any general or special law to the contrary, the Secretary of Administration and Finance is hereby authorized and directed to establish a Municipal Mandate Relief Commission in consultation with the Commissioner of the Department of Revenue and the Attorney General. Said commission shall be directed by the Secretary, the Auditor of the Commonwealth, the Inspector General of the Commonwealth and the Commissioner of the Department of Revenue.
The principal purpose of said commission shall be to facilitate relief in various forms for municipalities affected by partially funded and unfunded mandates imposed upon them by the Commonwealth. In doing so, the commission shall take no action which would have an adverse impact on the Health and Safety of the citizens of the Commonwealth or on its natural resources.
Said commission shall develop a system whereby a municipality may seek relief from a mandate through a written request including, but not limited to:
1. The provisions of law establishing the mandate
2. The purposes of the mandate
3. Any financial hardships which will result from strict compliance with the mandate
4. Any information relative to why the mandate is either being complied with in a manner other than that proscribed by the Commonwealth, or provides no benefit to the citizens of the municipality
5. Any recommendations for alternative compliance with the mandate
6. Any requested relief from the mandate, the scope of which shall not extend beyond two years.
7. Certification of action by the local legislative body seeking relief.
Said system shall provide, at a minimum, for a means by which the commission may recommend that the Governor take specific actions to provide relief for a period not to exceed two years, make legislative recommendations to be filed with the Clerks of the Senate and House of Representatives, or both. Said system shall also provide for adequate consultation with any agency of the Commonwealth involved with or impacted by any mandate which is at issue, including the opportunity for any such agency to provide written comment on an action proposed by the commission.
The provisions of this section shall expire no later than five years following the passage of this act unless otherwise terminated, modified or extended.

ALLOW COLLECTORS / TREASURERS TO RECOVER THE COST OF FILINGS WITH THE REGISTRY OF DEEDS

Ms Fargo moves to amend the bill, after Section 71, by adding the following new Section: -
SECTION __. Said section 15 of said chapter 60 is hereby further amended by inserting after subsection 18 the following new subsection:-
19. For the recording of the instrument of taking pursuant to section 54, the cost thereof.

#121
Radiological Emergency Response Plan

Mr. Pacheco moves to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ___ . The Executive Office of Public Safety shall provide a grant to Plymouth, the town in which the Pilgrim Nuclear Power Plant is located, and to Braintree, Bridgewater, and Taunton, the cities and towns that are required to provide services to the Pilgrim Nuclear Power Plant as "host communities," as defined under the radiological emergency response plan of the commonwealth approved on January 10, 2003, utilizing if available, but not limited to, federal Department of Homeland Security funds. The grant shall be sufficient to provide for public safety service equal to the levels of public safety service provided for as of January 10, 2003, and shall be awarded only if Plymouth or the host community meets the following criteria, as determined by the division of local services of the department of revenue: (1) the community has exhausted all available reserves; (2) the community is taxing to its levy limits; and (3) the local aid reductions for fiscal year 2004 for the community would cause a reduction in the number of public safety employees in the city or town."

#122
TELECOMMUNICATIONS STUDY

Ms. Wilkerson moves to amend the bill by inserting at end there of the following new section:-

"Section ___ . There shall be a special commission formed to study taxation of telecommunications companies, so-called, as appearing in sections 5, 18 and 39 of chapter 59. For the purposes of this section, telecommunications companies shall include cable television, internet service, telephone service, data service and any other telecommunications service providers. Said commission shall examine the existing system of taxation on telecommunications equipment and service stations, including current exemptions and shall determine the future taxation of all telecommunications equipment by cities and towns. Said commission shall consist of the Commissioner of the Department of Revenue; the chairs of the House and Senate committees on Taxation; 2 members of the House of Representatives, one of whom shall be appointed by the House Minority leader; and 2 members of the Senate, one of whom shall be appointed by the Senate Minority leader; one member appointed by the Massachusetts Municipal Association; and one member appointed by the Associated Industries of Massachusetts."

#123
Distribution of Visitor Impact Funds

Mr. Nuciforo moves to amend the bill (Senate, No. 2010) in Section 5 by striking out subsection (c) and inserting in place thereof the following:-
"(c) Such payments shall be distributed as follows:- (i) 50 percent of the visitor impact fees received at each park, forest, reservation or other natural resource shall be paid to the city or town within which such park, forest, reservation, other natural resource or fair is located; provided, however, that if land that is part of any such park, forest, reservation or other natural resource lies in more than one city or town, the amount received at such park, forest, reservation or other natural resource shall be divided proportionately according to the amount of land therein that lies in each such city or town; and (ii) the remaining balance shall be divided among all of the cities and towns containing land that is part of the commonwealth's system of parks, forests, reservations and other natural resources subject to the control and supervision of the department of environmental management in proportion to the total fair cash value thereof in each such city or town as determined under sections 13 to 16, inclusive, of chapter 58; provided, however, that no such payment shall be used to reduce reimbursements to cities and towns under section 17 of said chapter 58."

#124
Local Options Meals Tax

Mr. Nuciforo moves to amend the bill (Senate, No. 2010) by striking out section 31.

#125
Creating a Lease for a Child Advocacy Center

Mr. Morrissey moves to amend the bill, S.2010 by inserting after Section 62 a new section, Section 62(A).
Section 62(A) The Norfolk County District Attorney's Office shall be authorized to create a lease for a Child Advocacy Center with associate certification and create a position of executive director for this center with a salary of not greater then $60,000. Said center shall be located on land that is presently used by the county and owned by the Town of Braintree.