H.4615

SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2025, the sums set forth in section 2 are hereby appropriated from the General Fund or the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2025. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. These sums shall be made available through the fiscal year ending June 30, 2026.
SECTION 2.
JUDICIARY
0321-0001  Commission on Judicial Conduct……………………………...
$100,000
Committee for Public Counsel Services
0321-1520  Indigent Persons Fees and Court Costs……………………......
$2,500,000
DISTRICT ATTORNEYS
Suffolk District Attorney's Office
0340-0100  Suffolk District Attorney……………………............................
$700,000
0340-8908  District Attorneys’ Wide Area Network…………………….....
$90,663
EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE
1595-6153  No Cost Calls Trust Fund Transfer…………………….............
$12,500,000
EXECUTIVE OFFICE OF EDUCATION
Department of Elementary and Secondary Education
1596-2422  School Meals…………………….....…………………….........
$12,000,000
Education and Transportation Fund…100%
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Office of the Secretary
1599-0093  Clean Water Trust Contract Assistance……………………......
$6,779,246
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Office of the Secretary
4000-0700  MassHealth Fee for Service Payments………………...
$2,046,164,359
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Department of State Police
8100-1001  Department of State Police…………………….....……………
$3,500,255
Department of Correction
8900-0001  Department of Correction Facility Operations………………...
$7,184,865
LEGISLATURE
House of Representatives
9600-0000  House of Representatives…………………….....……………..
$8,100,000
SECTION 2A.  To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund or the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2025. Except as otherwise stated, these sums shall be made available through the fiscal year ending June 30, 2026.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Department of Revenue
1233-1818
For fiscal year 2023 and fiscal year 2024 payments due to cities and towns pursuant to section 5 of chapter 64N of the General Laws……………………........
$1,250,000
Marijuana Regulation Fund…100%
Reserves
1599-1214
For a reserve for expansion, upgrades or enhancements to staffing, operations or infrastructure for new and existing facilities that treat men with an alcohol or substance use disorder under sections 1 and 35 of chapter 123 of the General Laws; provided, that the secretary of administration and finance may transfer funds from this item to state agencies as defined in section 1 of chapter 29 of the General Laws…………………….....………………
$14,000,000
1599-0300
For a reserve to fund an awareness campaign on new federally imposed reporting requirements and vaccine outreach and education efforts; provided, that not less than $10,000,000 shall be expended for Health Care for All, Inc. to work with community-based organizations to conduct health coverage enrollment assistance in targeted areas at risk of losing coverage due to new federally imposed reporting requirements, as well as support vaccine outreach and education efforts…………………….....……………………..............
$10,000,000
OFFICE OF THE COMPTROLLER
Executive Office of Housing and Livable Communities
1595-0604
For an operating transfer to the Housing Preservation and Stabilization Trust Fund established in section 60 of chapter 121B of the General Laws……………………
$35,000,000
Executive Office of Administration and Finance
1595-0605
For an operating transfer to the Sports and Entertainment Events Fund established in section 13W of chapter 23A of the General Laws; provided, that not less than $10,000,000 shall be expended to support costs related to 2026 World Cup matches hosted in the commonwealth…………………….....…………………….....…………………….
$15,000,000
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
1596-2527
For the cost of snow and ice removal services incurred by the Massachusetts Department of Transportation; provided, that funds in this item may be transferred to the Massachusetts Transportation Trust Fund established in section 4 of chapter 6C of the General Laws…………………….....…………………….....…………………….....………
$60,727,344
Education and Transportation Fund…100%
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Office of the Secretary
4000-0010
For direct supports to reproductive health care providers to maintain continuity of access to services at risk of federal funding reductions including, but not limited to, Medicaid reimbursements…………………….....…………………….....……………………
$5,000,000
SECTION 2B.  To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2025, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations and to meet certain requirements of law, the sum set forth in this section is hereby authorized from the Intragovernmental Service Fund established in section 2Q of chapter 29 of the General Laws for the several purposes specified in this section or in the appropriation acts and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2025. This sum shall be in addition to any amounts previously authorized and made available for the purposes of this item. These sums shall be made available through the fiscal year ending June 30, 2026.
TREASURER AND RECEIVER-GENERAL
Office of the Treasurer and Receiver-General
0699-0018
Agency Debt Service Programs…………………….....……………
$21,000,000
SECTION 2C.I.  For the purpose of making available in fiscal year 2026 balances of appropriations which otherwise would revert on June 30, 2025, the unexpended balances of the appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in sections 2 or 2F of chapter 140 of the acts of 2024. However, for items which do not appear in said sections 2 or 2F of said chapter 140 of the general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in sections 2 or 2A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in said sections 2 or 2F of said chapter 140; provided, however, that for items which do not appear in said sections 2 or 2F of said chapter 140, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in sections 2 through 2F of this act or in prior appropriation acts. The unexpended balance of each appropriation in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17 is hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in said section 2 of said chapter 140. The sums reappropriated in this section shall be in addition to any amounts available for said purposes.
JUDICIARY
Supreme Judicial Court
0320-0003  Supreme Judicial Court…………………….....…………………….....
$400,000
Commission on Judicial Conduct
Appeals Court
0322-0100  Appeals Court…………………….....…………………….....………...
$175,000
DISTRICT ATTORNEYS
District Attorneys’ Association
0340-9111  District Attorneys’ Association…………………….....………………
$307,101
TREASURER AND RECEIVER-GENERAL
Office of the Treasurer and Receiver-General
0610-2000  Welcome Home Bill Bonus Payments……………………....................$600,000
POLICE REFORM COMMISSIONS
0800-0000  Massachusetts Police Officer Standards and Training Commission…..
$73,853
OFFICE OF THE CHILD ADVOCATE
0930-0100  Office of the Child Advocate…………………….....………………….
$200,000
0930-0101  Center on Child Wellbeing and Trauma…………………….....………
$1,900,000
CENTER FOR HEALTH INFORMATION AND ANALYSIS
4100-0060  Center for Health Information and Analysis……………………..........
$693,500
4100-0063  Betsy Lehman Center…………………….............................................
$395,450
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Health Policy Commission
1450-1200  Health Policy Commission…………………….......................................$750,000
Reserves
1599-4448  Collective Bargaining Reserve…………………….....………………..
$34,000,000
EXECUTIVE OFFICE OF TECHNOLOGY SERVICES AND SECURITY
1790-1700 Core Technology Services and Security…………………….....………
$355,089
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Massachusetts Commission for the Deaf and Hard of Hearing
4125-0100   Massachusetts Commission for the Deaf and Hard of Hearing…………$170,000
Department of Transitional Assistance
4400-1000  Department of Transitional Assistance Administration and Operation..
$2,813,484
EXECUTIVE OFFICE OF VETERANS’ SERVICES
Veterans’ Services
1410-0630  Agawam and Winchendon Veterans’ Cemeteries…………………….....$185,000
Veterans’ Home in Chelsea
4180-0100  Veterans’ Home in Chelsea Administration and Operations…………..
$916,018
Veterans’ Home in Holyoke
4190-0100  Veterans’ Home in Holyoke Administration and Operations…………
$150,018
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
1596-2401 Federal Matching Funds…………………….....…………………….....
$23,000,000
1596-2406 Regional Transit Funding and Grants…………………….....…………
$10,155,416
EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Division of Insurance
7006-0020  Division of Insurance…………………….....…………………….........
$1,274,008
Massachusetts Marketing Partnership
7008-0900  Massachusetts Office of Travel and Tourism…………………….........
$100,000
EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
7004-0102  Homeless Individual Shelters…………………….....…………………
$2,100,000
EXECUTIVE OFFICE OF EDUCATION
Department of Early Education and Care
3000-1000  Department of Early Education and Care……………………...............
$7,500,000
Department of Elementary and Secondary Education
7061-9805  Teacher Diversity Initiative …………………….....…………………..
$8,300,000
Department of Higher Education
7066-0025  Performance Management Set Aside…………………….....…………
$2,000,000
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Department of State Police
8100-0515  New State Police Class…………………….....……………………......
$9,600,000
Department of Fire Services
8324-0000  Department of Fire Services Administration……………………..........
$560,750
8324-0050  Local Fire Department Projects and Grants ……………………..........
$250,000
SECTION 2C.II. For the purpose of making available in fiscal year 2026 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2025, the unexpended balances of the authorizations listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the purposes of and subject to the conditions stated for the corresponding item in sections 2 through 2F, inclusive, of chapter 140 of the acts of 2024. However, for items which do not appear in said sections 2 through 2F, inclusive, of said chapter 140, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in sections 2 through 2F, inclusive, of this act or in prior appropriation acts. Amounts in this section are re-authorized from the fund or funds designated for the corresponding item in sections 2 through 2F, inclusive, of the general appropriation act; provided, however, for items which do not appear in sections 2 through 2F, inclusive, of the general appropriation act, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in sections 2 through 2F, inclusive, of this act or in prior appropriation acts. The sums re-authorized in this section shall be in addition to any amounts available for those purposes.
MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
0940-0103  Equal Employment Opportunity Commission Retained Revenue…….
$1,205,504
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Operational Services Division
1775-0800
Chargeback for Purchase Operation and Repair of State Vehicles
$200,000
EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Office of the Secretary
7002-0018  Chargeback for Economic Development IT Costs…………………….
$3,846,468
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Department of Correction
8900-0021  Chargeback for Prison Industries and Farm Program…………………
$430,000
SECTION 3. Section 44 of chapter 7C of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 1 and 11, each time it appears, the figure “58” and inserting in place thereof, in each instance, the following figure:- 57.
SECTION 4. Section 46 of said chapter 7C, as so appearing, is hereby amended by striking out, in line 21, the figure “58” and inserting in place thereof the following figure:- 57.
SECTION 5. Section 51 of said chapter 7C, as so appearing, is hereby amended by striking out, in line 29, the figure “58” and inserting in place thereof the following figure:- 57.
SECTION 6. Section 53 of said chapter 7C, as so appearing, is hereby amended by striking out, in line 4, the figure “58” and inserting in place thereof the following figure:- 57.
SECTION 7. Section 54 of said chapter 7C, as so appearing, is hereby amended by striking out, in lines 8, 29 and 45, each time it appears, the figure “58” and inserting in place thereof, in each instance, the following figure:- 57.
SECTION 8. Section 56 of said chapter 7C, as so appearing, is hereby amended by striking out, in line 4, the figure “58” and inserting in place thereof the following figure:- 57.
SECTION 9. Section 57 of said chapter 7C, as so appearing, is hereby amended by striking out, in line 3, the figure “58” and inserting in place thereof the following figure:- 57.
SECTION 10. Section 25 of chapter 10 of the General Laws, as so appearing, is hereby amended by inserting after the word “appropriation”, in line 13, the following words:- ; provided, however, that the commission may enter into contracts or group agreements for lottery games not currently or previously authorized by the commission, resulting in a contractor or licensor to be paid a specified percentage of net or gross revenues of such game, and such payments shall not be subject to appropriation.
SECTION 11. Chapter 23A of the General Laws is hereby amended by inserting after section 13V the following section:-
Section 13W. (a) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Sports and Entertainment Events Fund, which shall be administered by the office of travel and tourism established in section 13F. The fund shall be credited with: (i) revenue from appropriations and other money authorized by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iii) interest earned on money in the fund. The unexpended balance in the fund at the end of a fiscal year shall not revert to the General Fund and shall remain available for expenditure in subsequent fiscal years
(b)(1) Amounts credited to the fund shall be expended, without further appropriation, for a competitive grant program administered by the office of travel and tourism for major sports or entertainment events to provide: (i) event services; (ii) sports development; (iii) sports marketing; or (iv) construction, functioning or operation of a sports or entertainment event; provided, that in evaluating grant applications, priority shall be given to applicants based upon expected return-on-investment and that clearly identify direct and indirect economic impacts on the tourism industry in the commonwealth and help promote the commonwealth in national and international media; and provided further, that no grant award shall provide more than half of the balance of the fund to any 1 recipient in any calendar year.
(2) Grants under this section shall be awarded in a manner that promotes geographic equity.
(c)(1) Any grant awarded pursuant to clause (i) or (iv) of paragraph (1) of subsection (b) shall require an applicant to provide complete and accurate responses and disclosures for itself and for any contractors or vendors to be utilized for the sports or entertainment event which shall include:
(i) certification that the applicant and any contractors or vendors it utilizes have complied with chapters 149, 151, 151A, 151B and 152 and 29 U.S.C. 201, et seq. and federal anti-discrimination laws for the last 3 calendar years;
(ii) certification that the applicant and any contractors or vendors it utilizes are currently, and shall remain, in compliance with chapters 149, 151, 151A, 151B and 152 and 29 U.S.C. 201, et seq. and federal anti-discrimination laws for the duration of the services or labor;
(iii) a disclosure by the applicant as to whether it and any contractors and vendors it utilizes to support sports or entertainment events have previously contracted with a labor organization, as defined by chapter 150A and section 2 of the National Labor Relations Act, in the commonwealth or elsewhere; and
(iv) a disclosure by the applicant of its plans for assuring labor harmony for the duration of work to support sports or entertainment events both separately and in conjunction with its contractors and vendors.
(2) Any grant awarded pursuant to clause (i) or (iv) of paragraph (1) of subsection (b) for any construction on publicly owned or leased property to support a sports or entertainment event shall require an applicant to provide complete and accurate responses and disclosures for itself and any contractors or sub-contractors to be utilized for the sports or entertainment event which shall include:
(i) certification that the applicant and any contractors and sub-contractors are in compliance with the commonwealth’s public procurement and bidding statutes, pursuant to chapters 30, 149 and 149A;
(ii) disclosures in which the applicant shall specify whether it and any contractors and subcontractors on the project participates in a state or federally certified apprenticeship program and the number of apprentices the apprenticeship program has trained to completion for each of the last 5 calendar years;
(iii) a requirement that the applicant provide a statement of intent concerning the extent to which the applicant and any contractors and sub-contractors on the project intend to utilize apprentices on the project if a grant is awarded; and
(iv) certification that the applicant and any contractors or sub-contractors have not been debarred by the federal government or the commonwealth.
(3) Any grant awarded pursuant to clauses (i) or (iv) of paragraph (1) of subsection (b) for the procurement of services, labor, equipment or supplies pursuant to chapter 30B on publicly owned or leased property to support a sports or entertainment event shall require an applicant to provide complete and accurate responses and disclosures for the applicant and any vendors to be utilized for the sports or entertainment event which shall include:
(i) certification that the applicant and each of its vendors are in compliance with chapter 30B;
(ii) disclosures in which the applicant shall specify whether it and each of its vendors on the project has established or participates in workforce development programs within the commonwealth and the number of residents of the commonwealth the workforce development programs have trained to completion for each of the last 5 years; and
(iii) a statement of intent concerning the extent to which the applicant and its vendors intend to utilize workers in the commonwealth to fulfill services and labor requirements.
(4)(A) All applicants shall timely provide the documentation, certifications and disclosures pursuant to paragraphs (1), (2) and (3) as part of their initial application. Failure to provide the documentation, certifications and disclosures shall disqualify the applicant from receiving grant funding.
(B) A successful applicant’s good faith failure to provide complete and accurate documentation, certifications and disclosures pursuant to paragraphs (1), (2) and (3) shall result in suspension from the project for a period of 30 days; provided, that during said 30 days the office of travel and tourism shall provide an opportunity for the applicant to address application deficiencies to the satisfaction of the office of travel and tourism.
(C) Failure to cure deficiencies shall result in termination.
(D) A successful applicant’s willful failure to provide accurate documentation, certification and disclosures pursuant to paragraphs (1), (2) and (3) shall result in permanent termination of grant funding and shall trigger the return of all funds awarded within 30 days.
(5) The attorney general shall enforce this subsection for any project awarded a grant pursuant to this section.
(d) Annually, not later than January 1, the office of travel and tourism shall submit a report to the house and senate committees on ways and means and the joint committee on tourism, arts and cultural development providing: (i) the number of grant awards; (ii) the geographic location of the grant award; (iii) the dollar amount of the grant awards; (iv) data pertaining to return-on-investment; and (v) information and analysis pertaining to the impacts on the economy in the region receiving the grant award and the commonwealth overall.
SECTION 12. Section 3 of chapter 23I of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in line 42, the word “Six” and inserting in place thereof the following word:- Five.
SECTION 13. Section 2HHHH of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after the figure “71”, in lines 6 and 15, each time it appears, the following words:- , section 74E of chapter 112, section 18 of chapter 112A.
SECTION 14. Section 2YYYY of said chapter 29, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
The secretary may expend, without further appropriation: (i) not more than $160,000,000 per fiscal year from the fund to expand and support the residential treatment system to treat individuals with a substance use disorder or co-occurring mental health and substance use disorder and to expand and increase access to the 24-hour diversionary system; (ii) not more than $135,000,000 per fiscal year from the fund to reduce stigma, expand access, support implementation and increase competencies for medications for substance use disorder; (iii) not more than $35,000,000 per fiscal year from the fund to support access to evidence-based recovery services through peer and paraprofessional services; and (iv) not more than $85,000,000 per fiscal year from the fund to ensure appropriate assessment for levels of care utilizing American Society of Addiction Medicine or other evidence-based modalities and to support integration of physical health, mental health and substance use disorder care across all provider settings. To accommodate timing discrepancies between the receipt of revenues and related expenditures, the fund may incur expenses, and the comptroller shall certify for payment, amounts not to exceed the most recent revenue estimate as certified by the MassHealth director, as reported in the state accounting system. Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
SECTION 14A. Section 2AAAAA of chapter 29, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
There shall be credited to the fund: (i) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E; (ii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (iii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; and (iv) interest earned on any money in the fund. Money from the fund shall be expended for payments to providers that qualify under an approved federal waiver and in accordance with said waiver. Amounts credited to the fund shall not be subject to further appropriation. At the end of each fiscal year, the secretary of health and human services shall determine, in the secretary’s sole discretion, the amount of any money in the fund that is in excess of the money needed to make payments from the fund in accordance with said waiver; provided, however, that the money needed to make such payments shall include any money needed to make any payments that are unearned as of the end of such year, but potentially earned in a subsequent year. Subject to the terms of said waiver, (A) for periods applicable to the waiver beginning on or after January 1, 2025, the secretary of health and human services shall transfer to the Health Safety Net Trust Fund established in said section 66 of said chapter 118E the state share of any such excess money, excluding any federal funds; and (B) for periods applicable to the waiver through December 31, 2024, the secretary of health and human services shall transfer to said Health Safety Net Trust Fund the state share of any such excess money, multiplied by a fraction, the numerator of which is $62,500,000 and the denominator of which is the total amount transferred to or deposited in the fund for such fund year, excluding federal funds. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years. To accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary of health and human services to be transferred, credited or deposited under this section.
SECTION 14B. Section 2TTTTT of said chapter 29, as amended by section 51 of chapter 140 of the acts of 2024, is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c)(1) The secretary shall expend money in the fund, including all amounts credited to the fund, for payments to qualifying acute hospital providers under contract with the executive office of health and human services or under subcontracts with care organizations that contract with the executive office in connection with the MassHealth program as provided in this subsection.
(2) The secretary shall annually expend amounts from the fund averaging, for the 2-year period from October 1, 2025 to September 30, 2027, inclusive, not less than $2,264,500,000 per year; provided, however, that all such payments shall fall into 1 of the following categories: (i) health equity incentive payments; (ii) clinical quality incentive payments; (iii) other incentive payments; (iv) rate payments for services provided to MassHealth members; (v) targeted payments to: (A) freestanding pediatric acute hospitals; (B) nonprofit teaching acute hospitals that provide medical, surgical, emergency and obstetrical services and are affiliated with a state-owned medical school; (C) freestanding cancer hospitals; (D) the acute hospital that had the lowest statewide commercial relative price in fiscal year 2019, as reported by the center for health information and analysis; (E) the independent group 1 safety net hospital that had the largest percentile of operating loss in fiscal year 2022 as reported by the center for health information and analysis; (F) the acute hospital that had the highest statewide public payer mix in fiscal year 2023, as determined by the secretary; (G) the acute hospital affiliated with a health system with 2 or more critical access hospitals operating in the commonwealth in calendar year 2025, as determined by the secretary; or (H) to any non-state-owned public hospital in the commonwealth, as determined by the secretary. The secretary may determine funding allocations among and within each such category within a given year; provided, however, that such allocations shall be consistent with all approved federal waivers and state plan provisions; and provided further, that the secretary shall allocate an average of not less than $1,280,000,000 per year, for the 2-year period from October 1, 2025 to September 30, 2027, for the rate payments described in clause (iv), with an average of not less than $92,000,000 allocated for group 1 safety net hospitals for such 2-year period, an average of not less than $460,000,000 allocated for group 2 safety net hospitals for such 2-year period and an average of not less than $728,000,000 allocated across all acute hospitals for such 2-year period.
(3) Of the targeted payments described in clause (v) of the first sentence of paragraph (2), the secretary shall expend annually from the fund: (i) $70,000,000 to freestanding pediatric acute hospitals, of which at least 98 per cent shall be paid to the freestanding pediatric hospital that had the largest volume of inpatient discharges in fiscal year 2019; (ii) $35,000,000 to nonprofit teaching acute hospitals that provide medical, surgical, emergency and obstetrical services and are affiliated with a state-owned medical school; (iii) $14,000,000 to the acute hospital that had the lowest statewide commercial relative price in fiscal year 2019 as reported by the center for health information and analysis; (iv) $6,000,000 to freestanding cancer hospitals; (v) $10,000,000 to the independent group 1 safety net hospital that had the largest operating percentile loss in fiscal year 2022, as reported by the center for health information and analysis; (vi) $6,000,000 to the acute hospital that had the highest statewide public payer mix in fiscal year 2023, as determined by the secretary; (vii) $6,000,000 to the acute hospital affiliated with a health system with 2 or more critical access hospitals operating in the commonwealth in calendar year 2025, as determined by the secretary; and (viii) $2,000,000 to any non-state-owned public hospital in the commonwealth, as determined by the secretary.
(4) Of the incentive payments described in clauses (i) and (ii) of paragraph (2), the secretary shall make interim payments to qualifying hospitals based on the secretary’s estimate of each such hospital’s final payment for the measurement period. As soon as practicable after the close of the measurement period, the secretary shall determine the final amount of each qualifying hospital’s incentive payments and shall reconcile each hospital’s interim payment with its final payment.
(5) If, in any fiscal year, the commonwealth fails to secure federal financial participation necessary to make expenditures described in this section, the total hospital assessment amount described in section 67 of chapter 118E is insufficient to support the distributions to the fund required to be made from the Health Safety Net Trust Fund established in section 66 of chapter 118E or such distributions are otherwise not made due to limitations on federal matching, applicable payment ceilings or other restrictions under state or federal law, then the expenditures otherwise required to be made from the fund shall be reduced proportionally based on the total amount available for expenditure.
SECTION 14C. Subsection (c) of section 2UUUUU of said chapter 29, as appearing in the 2024 Official Edition, is hereby further amended by adding the following paragraph:
(3) If, in any fiscal year, the commonwealth fails to secure federal financial participation necessary to make expenditures described in this section, the total hospital assessment amount described in section 67 of chapter 118E is insufficient to support the distributions to the fund required to be made from the Health Safety Net Trust Fund established in section 66 of chapter 118E, or such distributions are otherwise not made due to limitations on federal matching, applicable payment ceilings or other restrictions under state or federal law, then the expenditures otherwise required to be made from the fund shall be reduced proportionally based on the total amount available for expenditure.
SECTION 15. Section 2FFFFFF of said chapter 29, inserted by section 58 of chapter 140 of the acts of 2024, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) The secretary shall annually expend money in the fund, including all amounts credited to the fund, for payments to Medicaid managed care organizations, as such term is defined in section 64 of chapter 118E; provided, that such amounts expended annually shall be not less than the Medicaid managed care organization revenue amount, as such term is defined in said section 64; and provided further, that such expenditures shall be consistent with all approved federal waivers and state plan provisions.
SECTION 15A. Said chapter 29 is hereby further amended by inserting after section 2LLLLLL, inserted by section 18 of chapter 14 of the acts of 2025, the following section:-
Section 2MMMMMM. (a) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Western Massachusetts Hospital Fund, which shall be administered by the commissioner of public health.
(b) There shall be credited to the fund: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iii) any interest earned on money in the fund.
(c) Amounts credited to the fund may be expended without further appropriation by the commissioner of public health for any purpose related to the operation of the Western Massachusetts hospital. No expenditure made from the fund shall cause the fund to be in deficit at any point.
SECTION 16. Chapter 31 of the General Laws is hereby amended by adding the following section:-
Section 79. Following their original appointment and oath as a permanent full-time environmental police officer in the police force of the office of law enforcement established by section 10A of chapter 21A, a person shall perform the duties of such position on a full-time basis for a probationary period of 12 months before they shall be considered a full-time tenured employee in such position. The administrator, with the approval of the commission, may establish procedures to ensure the evaluation by appointing authorities, prior to the end of such probationary period, of the performance of persons appointed as police officers in such force. Unless otherwise provided by civil service rule, and with appropriate adjustments to the timing of performance evaluations called for therein, the second paragraph of section 34 shall apply to persons covered by this section.
SECTION 16A. Section 1 of chapter 32 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out the definition of “Violent act injury” and inserting in place thereof the following definition:-
“Violent act injury”, a catastrophic or life-threatening permanent bodily injury sustained as a direct and proximate result of a violent attack upon a person by means of a dangerous weapon, which is used in a manner intended to cause serious injury or death, including, but not limited to, a firearm, knife, automobile or explosive device.
SECTION 17. Paragraph (a) of subdivision (2) of section 26 of said chapter 32, as so appearing, is hereby amended by adding the following sentence:- This subdivision shall not apply to a member in service who is physically not able to perform the essential duties of the member’s job by reason of violent act injury.
SECTION 18. Said section 26 of said chapter 32, as so appearing, is hereby further amended by inserting after subdivision (2) the following subdivision:-
(2½) Section 7 shall apply to any member in service classified in Group 3 who is an officer of the department of state police if the rating board, after an examination of such officer by a registered physician appointed by it, reports in writing to the state board of retirement that such officer is physically incapacitated for the performance of duty by reason of violent act injury occurring during the performance and within the scope of the officer’s duty and without contributory negligence on the officer’s part, and that such incapacity is likely to be permanent.
SECTION 19. Section 1 of chapter 75 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the figure “58” and inserting in place thereof the following figure:- 57.
SECTION 20. Subsection (a) of section 24N of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out the definition of “Routine childhood immunizations” and inserting in place thereof the following definition:-
“Routine childhood immunizations”, immunizations for children until their nineteenth birthday as determined by the commissioner.
SECTION 21. Subsection (c) of said section 24N of said chapter 111, as so appearing, is hereby amended by striking out the last 5 sentences and inserting in place thereof the following 6 sentences:-
The council shall recommend the list of routine childhood immunizations, including types of vaccines to be purchased and shall take into account provider preference, cost, availability and other factors as determined by the council. The commissioner shall recommend the amount of funding needed each fiscal year by calculating the total non-federal program cost. The council shall make recommendations to the commissioner on whether the commissioner may authorize provider choice of more than 1 comparable brand or type for a routine childhood immunization vaccine. In its recommendations, the council shall examine the feasibility, costs and benefits of authorizing provider choice, provide a schedule of the cost of each comparable brand or type of a vaccine recommended for provider choice and demonstrate that the estimated vaccine cost of authorizing provider choice would not be substantially greater than the estimated vaccine cost of purchasing a single brand or type of a vaccine. The commissioner of public health shall determine the final list of routine childhood immunizations and vaccines to be purchased. The council shall also consider other vaccine-related questions presented by the commissioner.
SECTION 22. Said section 24N of said chapter 111, as so appearing, is hereby further amended by striking out, in lines 109 to 111, inclusive, the words “Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention” and inserting in place thereof the following word:- commissioner.
SECTION 22A. Chapter 112 of the General Laws is hereby amended by striking out section 12C, as so appearing, and inserting in place thereof the following section:-
Section 12C. No physician, nurse or other health care professional licensed under this chapter or otherwise authorized within their scope of practice, by statewide standing order or by department of public health designation to prescribe, dispense or administer vaccines shall be liable for any injury caused by an act or omission in prescribing, dispensing, ordering, furnishing or administering a vaccine or other immunizing agent, including the residual effects of the vaccine or immunizing agent; provided, that the immunization is required by state law, administered in accordance with guidance from the department of public health or authorized under public health programs and the act or omission does not constitute willful misconduct or gross negligence.
SECTION 23. Said chapter 112 is hereby further amended by inserting after section 74D the following section:-
Section 74E. (a) The board of registration in nursing may obtain a state and national fingerprint-based criminal background check, as authorized by Public Law 92-544, to determine the suitability of an applicant for a license to practice nursing pursuant to sections 74, 74A, 76 and 80B, including, but not limited to, registered nurses, licensed practical nurses and advanced practice registered nurses.
(b) Registered nurses subject to background checks pursuant to this section shall be individuals who hold ultimate responsibility for direct and indirect nursing care and are seeking: (i) licensure as a registered nurse pursuant to this chapter; and (ii) to provide nursing care, health maintenance, teaching, counseling, planning and restoration for optimal functioning and comfort of patients they serve within the commonwealth. For the purposes of this section, “advanced practice registered nurse” shall mean a registered nurse authorized by the board of registration in nursing to perform an expanded scope of practice when caring for patients in the commonwealth consistent with section 80B.
(c) Licensed practical nurses subject to background checks pursuant to this section shall be individuals who are seeking: (i) licensure as a practical nurse pursuant to this chapter; and (ii) to provide nursing care and health maintenance services to patients within the commonwealth.
(d) An individual applying to the board of registration in nursing for a license to practice nursing shall submit a full set of fingerprints to the identification section of the department of state police to obtain a state and national fingerprint-based criminal background check, as authorized by Public Law 92-544, to determine the suitability of any applicant for licensure.
(e) Fingerprints shall be submitted to the state identification section of the department of state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check in accordance with the policies and procedures established by the state identification section and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state identification section of the department of state police, and the department of criminal justice information services to assist the board of registration in nursing to ensure the continued suitability of these licensees and persons subject to criminal background checks under this section. The department of criminal justice information services may disseminate the results of the state and national criminal background checks to authorized staff employed by the department of public health and board of registration in nursing.
(f) Each applicant shall pay a fee to be established by the secretary of administration and finance, in consultation with the secretary of public safety, to offset the costs of operating and administering a fingerprint-based criminal background check system. The secretary of administration and finance, in consultation with the secretary of public safety, may increase the fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check service fee. Any fees collected from fingerprinting activity under this section shall be deposited into the Fingerprint-Based Background Check Trust Fund established in section 2HHHH of chapter 29.
(g) The board of registration in nursing may use the results of the criminal history record check for the sole purpose of determining the applicant’s eligibility for a license to practice nursing. The department of public health and board of registration in nursing shall not disseminate the criminal history record check information to any other entity.
(h) The department of public health and board of registration in nursing may receive all available criminal offender record information, juvenile adjudications and delinquency matters, sealed records and the results of checks of state and national criminal history information databases under Public Law 92-544. Upon receipt of the results of the state and national criminal background checks, the department of public health, board of registration in nursing and authorized staff shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.
(i) The board of registration in nursing may promulgate regulations necessary to carry out this section.
SECTION 23A. Section 64 of chapter 118E of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out the definition of “Assessed charges” and inserting in place thereof the following definition:-
“Assessed charges”, gross patient service revenue attributable to all patients less gross patient service revenue attributable to Title XVIII, XIX and XXI programs, as such revenues are reported to the center for health information and analysis and as determined by the secretary.
SECTION 24. Said section 64 of said chapter 118E, as so appearing, is hereby further amended by striking out the definition of “Managed care organization reinvestment revenue amount” and inserting in place thereof the following 3 definitions:-
“Managed care organization services assessment rate”, the rate calculated annually by dividing the non-Medicaid managed care organization revenue amount by the total managed care organization services subject to assessment that are not Medicaid managed care organization services subject to assessment.
“Medicaid managed care organization revenue amount”, an amount calculated annually by multiplying the Medicaid managed care organization services subject to assessment by the managed care organization services assessment rate.
“Non-Medicaid managed care organization revenue amount”, an amount equal, for each calendar year, to the sum of the following in the same year less $20,000,000: (i) the health safety net managed care organization revenue amount; (ii) the Massachusetts Child Psychiatry Access Project revenue amount; (iii) the immunization revenue amount; (iv) the health policy commission revenue amount; (v) the center for health information and analysis revenue amount; (vi) the amount transferred, pursuant to section 66, to the Behavioral Health Access and Crisis Intervention Trust Fund established in section 2WWWWW of chapter 29; and (vii) the amounts necessary to incorporate prospectively all adjustments or reconciliations to account for under-assessments in the prior year.
SECTION 25. Said section 64 of said chapter 118E, as so appearing, is hereby further amended by striking out the definition of “Total managed care organization services assessment amount” and inserting in place thereof the following definition:-
“Total managed care organization services revenue amount”, an amount equal, for each calendar year, to the sum of the following in the same year: (i) the Medicaid managed care organization revenue amount; and (ii) the non-Medicaid managed care organization revenue amount.
SECTION 25A. Said section 64 of said chapter 118E, as so appearing, is hereby amended by striking out the figure “$1,484,050,000” and inserting in place thereof the following figure:- $1,534,050,000.
SECTION 26. Section 66 of said chapter 118E, as so appearing, is hereby amended by striking out, in lines 55 and 56, the words “managed care organization reinvestment” and inserting in place thereof the following words:- Medicaid managed care organization.
SECTION 27. Said section 66 of said chapter 118E, as so appearing, is hereby further amended by striking out, in lines 85 and 86, the words “total managed care organization services assessment” and inserting in place thereof the following words:- non-Medicaid managed care organization revenue.
SECTION 27A. Said section 66 of said chapter 118E, as so appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following 2 subsections:-
(b) The fund shall consist of: (i) all amounts paid by hospitals and managed care organizations under sections 67 and 68; (ii) all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents; (iii) any transfers from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29; (iv) any transfers from the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29; (v) any transfers from the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29; (vi) any transfers from the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29; and (vii) all property and securities acquired by and through the use of money belonging to the fund and all interest thereon. There shall also be credited to the fund an amount equal to any federal financial participation claimed and received by the commonwealth for eligible expenditures made from the fund and financed by money transferred from the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29, the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29 or from the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29. To accommodate timing discrepancies between the receipt of such revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary of health and human services to be transferred, credited or deposited under this subsection. Annually, the office shall transfer from the non-federal money in the fund: (A) $149,300,000 to the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29; (B) $1,041,170,000 to the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29; (C) $115,500,000 to the Population Health Investment Trust Fund established in section 2UUUUU of chapter 29; (D) $ 33,169,685 to the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of chapter 29; (E) an amount equal to the managed care organization reinvestment revenue amount to the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29; (F) an amount equal to the Massachusetts Child Psychiatry Access Project revenue amount to the Massachusetts Child Psychiatry Access Project Fund established in section 2EEEEEE of chapter 29; (G) an amount equal to the health policy commission revenue amount to the Healthcare Payment Reform Fund established in section 7 of chapter 6D; (H) an amount equal to the immunization revenue amount to the Vaccine Purchase Fund established in section 24N of chapter 111; (I) $33,700,000 to the Behavioral Health Access and Crisis Intervention Trust Fund established in section 2WWWWW of chapter 29; (J) an amount equal to the center for health information and analysis revenue amount to the Center for Health Information and Analysis Fund established in section 7A of chapter 12C; and (K) $35,000,000 to the Essential Community Provider Trust Fund established in section 2PPP of chapter 29. The office shall expend amounts in the fund, except for amounts transferred to the Safety Net Provider Trust Fund, the Hospital Investment and Performance Trust Fund, the Population Health Investment Trust Fund, the Non-Acute Care Hospital Reimbursement Trust Fund, the Managed Care Organization Services Reinvestment Fund, the Massachusetts Child Psychiatry Access Project Fund, the Vaccine Purchase Fund, the Center for Health and Information Analysis Fund, the Healthcare Payment Reform Fund and the Behavioral Health Access and Crisis Intervention Trust Fund, for payments to hospitals and community health centers for reimbursable health services provided to uninsured and underinsured residents, consistent with the requirements of this section, section 69 and the regulations adopted by the office. The amount collected pursuant to clause (viii) of the definition of the total managed care organization services assessment amount in section 64 shall be dedicated to reducing the shortfall, as described in subsection (b) of section 69, for the year prior to the assessment year. The office shall also annually expend money from the fund for the expenses of the executive office, including the health safety net office under subsection (a), for the administration of the health safety net and related assessments. The office shall also expend not more than $6,000,000 annually from the fund for demonstration projects that use case management and other methods to reduce the liability of the fund to acute hospitals. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The director shall from time-to-time requisition from the fund amounts that the director considers necessary to meet the current obligations of the office for the purposes of the fund and estimated obligations for a reasonable future period.
(c) For each fiscal year, in the event that federal financial participation is not available for any of the Medicaid expenditures made or to be made from this fund or from amounts transferred from the fund pursuant to paragraphs (A), (B), (C), (D) or (K) of subsection (b), or hospital assessment funding serving as the non-federal share of such expenditures is not available due to the application of any federal law, regulation or policy, such as federal expenditure limits or federal health care-related tax rules, or for any other reason, the amount of each such forementioned transfer from the fund shall be reduced on a pro-rata basis by multiplying each such expenditure or transfer by a fraction, the numerator of which is the aggregate amount of the transfers from the fund pursuant to paragraphs (A), (B), (C), (D) or (K) of subsection (b) for which federal financial participation will be available and the denominator of which is the aggregate amount the expenditures and transfers from the fund pursuant to paragraphs (A), (B), (C), (D) or (K) of subsection (b) that would otherwise be made.
SECTION 27B. Section 66 of said chapter 118E, as amended by section 27A, is hereby further amended by striking out subsections (b) and (c) and inserting in place thereof the following 2 subsections:-
(b) The fund shall consist of: (i) all amounts paid by hospitals and managed care organizations under sections 67 and 68; (ii) all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents; (iii) any transfers from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29; (iv) any transfers from the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29; (v) any transfers from the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29; (vi) any transfers from the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29; and (vii) all property and securities acquired by and through the use of money belonging to the fund and all interest thereon. There shall also be credited to the fund an amount equal to any federal financial participation claimed and received by the commonwealth for eligible expenditures made from the fund and financed by money transferred from the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29, the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29 or from the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29. To accommodate timing discrepancies between the receipt of such revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary of health and human services to be transferred, credited or deposited under this subsection. Annually, the office shall transfer from the non-federal money in the fund: (A) $149,300,000 to the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29; (B) $1,041,170,000 to the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29; (C) $115,500,000 to the Population Health Investment Trust Fund established in section 2UUUUU of chapter 29; (D) $ 33,169,685 to the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of chapter 29; (E) an amount equal to the Medicaid managed care organization revenue amount to the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29; (F) an amount equal to the Massachusetts Child Psychiatry Access Project revenue amount to the Massachusetts Child Psychiatry Access Project Fund established in section 2EEEEEE of chapter 29; (G) an amount equal to the health policy commission revenue amount to the Healthcare Payment Reform Fund established in section 7 of chapter 6D; (H) an amount equal to the immunization revenue amount to the Vaccine Purchase Fund established in section 24N of chapter 111; (I) $33,700,000 to the Behavioral Health Access and Crisis Intervention Trust Fund established in section 2WWWWW of chapter 29; (J) an amount equal to the center for health information and analysis revenue amount to the Center for Health Information and Analysis Fund established in section 7A of chapter 12C; and (K) $35,000,000 to the Essential Community Provider Trust Fund established in section 2PPP of chapter 29. The office shall expend amounts in the fund, except for amounts transferred to the Safety Net Provider Trust Fund, the Hospital Investment and Performance Trust Fund, the Population Health Investment Trust Fund, the Non-Acute Care Hospital Reimbursement Trust Fund, the Managed Care Organization Services Reinvestment Fund, the Massachusetts Child Psychiatry Access Project Fund, the Vaccine Purchase Fund, the Center for Health and Information Analysis Fund, the Healthcare Payment Reform Fund and the Behavioral Health Access and Crisis Intervention Trust Fund, for payments to hospitals and community health centers for reimbursable health services provided to uninsured and underinsured residents, consistent with the requirements of this section, section 69 and the regulations adopted by the office. The amount collected pursuant to clause (viii) of the definition of non-Medicaid managed care organization amount in section 64 shall be dedicated to reducing the shortfall, as described in subsection (b) of section 69, for the year prior to the assessment year. The office shall also annually expend money from the fund for the expenses of the executive office, including the health safety net office under subsection (a), for the administration of the health safety net and related assessments. The office shall also expend not more than $6,000,000 annually from the fund for demonstration projects that use case management and other methods to reduce the liability of the fund to acute hospitals. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The director shall from time-to-time requisition from the fund amounts that the director considers necessary to meet the current obligations of the office for the purposes of the fund and estimated obligations for a reasonable future period.
(c) For each fiscal year, in the event that federal financial participation is not available for any of the Medicaid expenditures made or to be made from this fund or from amounts transferred from the fund pursuant to paragraphs (A), (B), (C), (D) or (K) of subsection (b), or hospital assessment funding serving as the non-federal share of such expenditures is not available due to the application of any federal law, regulation or policy, such as federal expenditure limits or federal health care-related tax rules, or for any other reason, the amount of each such forementioned transfer from the fund shall be reduced on a pro-rata basis by multiplying each such expenditure or transfer by a fraction, the numerator of which is the aggregate amount of the transfers from the fund pursuant to paragraphs (A), (B), (C), (D) or (K) of subsection (b) for which federal financial participation will be available and the denominator of which is the aggregate amount the expenditures and transfers from the fund pursuant to paragraphs (A), (B), (C), (D) or (K) of subsection (b) that would otherwise be made.
SECTION 27C. Said chapter 118E is hereby further amended by striking out section 67, as so appearing, and inserting in place thereof the following section:-
Section 67. (a) Subject to all required federal approvals, including any required waivers under 42 CFR 433.68, a hospital’s annual liability to the fund shall be calculated in accordance with this section. The annual aggregate liability of all hospitals to the fund shall equal the total hospital assessment amount.
(b) [reserved].
(c) The office shall promulgate regulations establishing an appropriate mechanism for enforcing each hospital’s liability to the fund if a hospital does not make a scheduled payment to the fund.
(d) For the purposes of the assessment in this section, all hospitals in the commonwealth shall be divided into the following groups, as determined by the secretary: (i) large group 1 safety net hospitals which, for the purposes of this section, shall mean, any group 1 safety net hospital that had not less than 355 staffed beds in fiscal year 2022, as reported by the center for health information and analysis; (ii) small group 1 safety net hospitals which, for the purposes of this section, shall mean any group 1 safety net hospital that had less than 355 staffed beds in fiscal year 2022 as reported by the center for health information and analysis; (iii) large group 2 safety net hospitals which, for the purposes of this section, shall mean any group 2 safety net hospital that had not less than 355 staffed beds in fiscal year 2022 as reported by the center for health information and analysis; (iv) small group 2 safety net hospitals which, for the purposes of this section, shall mean any group 2 safety net hospital that had less than 355 staffed beds in fiscal year 2022 as reported by the center for health information and analysis; (v) freestanding pediatric acute hospitals; (vi) academic, teaching and specialty hospitals which, for the purposes of this section, shall mean an academic medical center, teaching hospital or specialty hospital as determined by the center for health information and analysis as of September 30, 2019, but excluding any high public payer hospital; (vii) private acute hospitals which, for the purposes of this section, shall mean a private hospital licensed under section 51 of chapter 111 that contains a majority of medical-surgical, pediatric, obstetric and maternity beds as defined by the department of public health and operating as of September 30, 2019, but excluding any safety net hospital or academic, teaching and specialty hospital; (viii) non-state public hospitals which, for the purposes of this section, shall mean any non-state-owned public hospital in the commonwealth as determined by the secretary; and (ix) non-acute hospitals which, for the purposes of this section shall mean any nonpublic hospital licensed by the department of public health under said section 51 of said chapter 111; provided, however, that non-acute hospital shall not include an acute care hospital under section 25B of said chapter 111 or a nonpublic hospital licensed as an inpatient facility by the department of mental health under section 19 of chapter 19 and regulations promulgated thereunder but not categorized as a class VII licensee under the regulations.
(e) Each of the groups described in subsection (d) shall be subject to the following assessment rates: (i) large group 1 safety net hospitals shall be subject to a rate of 16.510per cent for inpatient services and 8.000 per cent for outpatient services; (ii) small group 1 safety net hospitals shall be subject to a rate of 14.500 per cent for inpatient services and 5.500 per cent for outpatient services; (iii) large group 2 safety net hospitals shall be subject to a rate of 8.100 per cent for inpatient services and 16.200 per cent for outpatient services; (iv) small group 2 safety net hospitals shall be subject to a rate of 16.450 per cent for inpatient services and 9.100 per cent for outpatient services; (v) freestanding pediatric acute hospitals shall be subject to a rate of 3.300 per cent for inpatient services and 2.600 per cent for outpatient services; (vi) academic, teaching and specialty hospitals shall be subject to a rate of 4.675 per cent for inpatient services and 1.290 per cent for outpatient services; (vii) private acute hospitals shall be subject to a rate of 8.299 per cent for inpatient services and 0.720 per cent for outpatient services; (viii) non-state public hospitals shall be subject to a rate of 1.250 per cent for inpatient services and 1.250 per cent for outpatient services; and (ix) non-acute hospitals shall be subject to a rate of 3.300 per cent for inpatient services and 3.300 per cent for outpatient services; provided, however, that the office shall increase each such rate by the amount necessary to generate 50 per cent of the estimated cost as determined by the secretary of administration and finance, of administering the health safety net and related assessments in accordance with sections 65 to 69, inclusive. If hospital closures or hospital changes in status to a different type of provider would result in a reduction of total hospital assessment amount, the secretary may, by regulation, adjust the assessment rates to ensure the total hospital assessment amount is not reduced by more than $10,000,000 on an annual basis; provided, however, that any such adjustments to the rates shall ensure the rates remain in the same proportion to each other as established herein. If the total hospital assessment amount collected for the hospital assessment year exceeds the amount necessary to support the non-federal share of amounts transferred pursuant to paragraphs (A), (B), (C), (D) or (K) of subsection (b) of section 66, the secretary of the executive office of health and human services shall, by regulation, adjust the assessment rates for the subsequent hospital assessment year to ensure the total hospital assessment amount does not exceed the amount necessary to support such expenditures; provided, however, that any such adjustments shall ensure the rates remain in the same proportion to each other as established herein and provided that any such adjustment does not jeopardize federal financial participation. In order to adjust the assessment rates by regulation as described in this subsection, the secretary of the executive office of health and human services shall seek all required federal approvals the secretary deems necessary.
(f) The assessment rates described in subsection (e) shall be applied to each hospital’s fiscal year 2023 assessed charges for inpatient and outpatient services as determined by the secretary of health and human services; provided, however, that the term “assessed charges” shall have the meaning ascribed to it in section 64. The total of the resulting products shall equal a hospital’s annual assessment liability.
(g) Subject to receipt of all required federal approvals, the executive office shall implement the assessment structure described in this section and shall promulgate regulations, after prior consultation with the Massachusetts Health and Hospital Association, Inc., necessary to support implementation of said assessment structure. In promulgating such regulations, and in consultation with the Massachusetts Health and Hospital Association, Inc. the executive office shall, at a minimum: (i) specify an appropriate mechanism for determination and payment of an acute hospital's liability to the fund; (ii) identify the hospitals that belong to each group identified in subsection (d); (iii) specify an appropriate mechanism for the determination of a hospital’s liability in cases of merger or transfer of ownership; and (iv) specify an appropriate mechanism by which any amounts paid by a hospital in excess of a hospital’s total annual assessment liability may be refunded or otherwise credited to the hospital. The executive office shall publish or otherwise make available to the Massachusetts Health and Hospital Association, Inc., the data and methodology used in setting the assessment rates and group classification prior to the promulgation of any such regulations.
(h) The secretary of health and human services may enforce the payment of required assessments under this section: (i) for hospitals licensed by the department of health, by notifying the department of the unpaid assessments and such information shall be considered by the department in determining suitability in accordance with section 51 of chapter 111 for the hospital or its affiliate provider entities; (ii) by offsetting payments from the office of Medicaid against the claims for payment by the delinquent hospital, against other hospitals or MassHealth-contracted entities under common ownership as the delinquent hospital or against any successor in interest to the hospital or such provider entities under common ownership, in the amount of the delinquent fees owed, including any interest, penalties and reasonable attorneys’ fees, and by transferring such funds into the fund; or (iii) creating, after demand for payment, a lien in favor of the commonwealth in an amount not to exceed the delinquent fees owed, including any interest, penalties and reasonable attorneys’ fees, encumbering the building in which the delinquent hospital is located, encumbering the real property upon which the delinquent hospital is located, including fixtures, equipment or goods used in the operation of the delinquent hospital, or encumbering any real property in which the delinquent hospital holds an interest.
SECTION 28. Section 74 of said chapter 118E, as so appearing, is hereby amended by striking out subsection (k) and inserting in place thereof the following 2 subsections:-
(k) The council may contract with a provider of a pooled employer plan, as defined in 29 U.S.C. § 1002(43), on behalf of consumers and their personal care attendants.
(l) The council may perform other acts necessary or convenient to execute the powers expressly granted to it.
SECTION 29. Section 25E of chapter 138 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
For the purposes of this section, the term “successor supplier” shall mean any person or entity who directly or indirectly acquires the right or obligation to sell an item with a brand name to a wholesaler licensed in the commonwealth. A successor supplier shall acquire such rights or obligations subject to this section. All sales of a brand name item made to a licensed wholesaler prior to succession shall be attributed to the successor supplier for the purposes of determining whether 6 months of regular sales exist pursuant to this section.
SECTION 30. Section 44H of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “38C to 38N, inclusive, of chapter 7” and inserting in place thereof the following words:- 44 to 57, inclusive, of chapter 7C.
SECTION 31. Said section 44H of said chapter 149, as so appearing, is hereby further amended by striking out, in line 14, the words “38C to 38N, inclusive” and inserting in place thereof the following words:- 44 to 57, inclusive, of chapter 7C.
SECTION 32. Section 7 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in line 34, the figure “4” and inserting in place thereof the following figure:- 5.
SECTION 33. Said section 7 of said chapter 161A, as so appearing, is hereby further amended by striking out subsection (f) and inserting in place thereof the following subsection:-
(f) The board shall establish subcommittees, which shall include at a minimum a subcommittee on: (i) safety, health and environment; (ii) planning, workforce development and compensation; and (iii) audit and finance. Each member shall participate on not more than 2 subcommittees of the board. Each subcommittee shall have not less than 3 board members. The appointee of the governor who has experience in safety shall chair the subcommittee on safety, health and environment. The appointee of the governor who has experience in public or private finance shall chair the subcommittee on audit and finance. In the case of a vacancy of either the appointee who has experience in safety or the appointee who has experience in public or private finance, the board chair shall designate a subcommittee member to serve as acting subcommittee chair until such time as the vacancy has been filled.
SECTION 34. Said section 7 of said chapter 161A, as so appearing, is hereby further amended by striking out subsection (i) and inserting in place thereof the following subsection:-
(i) The board shall meet as determined by the chair, but not less than 10 times per calendar year.
SECTION 35. Section 2 of chapter 176Q of the General Laws, as so appearing, is hereby amended by striking out, in lines 24 and 25, the words “Massachusetts chapter of the National Association of Health Underwriters” and inserting in place thereof the following words:- National Association of Benefits and Insurance Professionals – Massachusetts Chapter, Inc.
SECTION 36. The first paragraph of section 12A of chapter 494 of the acts of 1978 is hereby amended by striking out the words “and until December 15, 2025”, inserted by section 7 of chapter 26 of the acts of 2023, and inserting in place thereof the following words:- and until December 15, 2027.
SECTION 37. The last paragraph of said section 12A of said chapter 494 is hereby amended by striking out the words “December 15, 2025”, inserted by section 8 of said chapter 26, and inserting in place thereof the following words:- December 15, 2027.
SECTION 38. The introductory paragraph of section 13 of said chapter 494 is hereby amended by striking out the words “and until December 15, 2025”, inserted by section 9 of said chapter 26, and inserting in place thereof the following words:- and until December 15, 2027.
SECTION 39. Section 15 of said chapter 494 is hereby amended by striking out the words “and until December 15, 2025”, inserted by section 10 of said chapter 26, and inserting in place thereof the following words:- and until December 15, 2027.
SECTION 40. The first paragraph of section 9 of chapter 277 of the acts of 1986 is hereby amended by striking out the words “and until December 15, 2025”, inserted by section 11 of said chapter 26, and inserting in place thereof the following words:- and until December 15, 2027.
SECTION 41. The first sentence of the first paragraph of section 3 of chapter 114 of the acts of 1991 is hereby amended by striking out the words “and until December 15, 2025”, inserted by section 12 of said chapter 26, and inserting in place thereof the following words:- and until December 15, 2027.
SECTION 42. The last paragraph of said section 3 of said chapter 114 is hereby amended by striking out the words “December 15, 2025”, inserted by section 13 of said chapter 26, and inserting in place thereof the following words:- December 15, 2027.
SECTION 43. The first paragraph of section 4 of said chapter 114 is hereby amended by striking out the words “and until December 15, 2025”, inserted by section 14 of said chapter 26, and inserting in place thereof the following words:- and until December 15, 2027.
SECTION 44. The last paragraph of said section 4 of said chapter 114 is hereby amended by striking out the words “December 15, 2025”, inserted by section 15 of said chapter 26, and inserting in place thereof the following words:- December 15, 2027.
SECTION 45. The first paragraph of section 5 of said chapter 114 is hereby amended by striking out the words “and until December 15, 2025”, inserted by section 16 of said chapter 26, and inserting in place thereof the following words:- and until December 15, 2027.
SECTION 46. Chapter 301 of the acts of 1998, as most recently amended by chapter 291 of the acts of 2014, is hereby further amended by striking out sections 1 to 36, inclusive, and inserting in place thereof the following 36 sections:-
Section 1. It is hereby found that the closure of the Naval Air Station hereinafter referred to as NAS South Weymouth, by the United States Government in September of 1997 is detrimental to the economic welfare of the citizens of the commonwealth and, in particular, the towns of Abington and Rockland and the city known as the town of Weymouth. The closure of this military installation imposes upon the commonwealth and its citizens an increased fiscal burden in addition to that incurred by the commonwealth on account of the closure of various other military installations in the commonwealth. It is further found that the full redevelopment of NAS South Weymouth remains essential for the benefit of the towns of Abington, Rockland and Weymouth, the region and the commonwealth and, to that end, chapter 291 of the acts of 2014 reconstituted the South Shore Tri-Town Development Corporation, or SSTDC, as the Southfield Redevelopment Authority, and this act shall reinforce applicable control over land use and development decisions affecting Abington, Rockland and Weymouth that constitute NAS South Weymouth and strengthen the alignment of interests between the authority, the towns and the master developer as defined herein. Therefore, it is the purpose of this act to promote the expeditious and orderly conversion and redevelopment of NAS South Weymouth for nonmilitary purposes including, but not limited to, commercial, housing, industrial, institutional, educational, governmental, recreational, conservation or manufacturing uses in order to prevent blight, economic dislocation and additional unemployment and to aid and strengthen the local economy, the regional economy and the economy of the commonwealth. In order to achieve these objectives, it is deemed necessary and appropriate to continue the structure of SSTDC, as renamed and reconstituted pursuant to chapter 291 of the acts of 2014, with full powers and authority to carry out this act.
Section 2. It shall be the goal of this act to promote the expeditious acquisition and redevelopment of NAS South Weymouth while addressing the economic, social and environmental needs of the region. Except as otherwise provided in this act, this goal shall be accomplished in a manner consistent with the zoning by-laws. The redevelopment is designed to minimize and mitigate negative off-base impacts on the area such as those on water resources, air quality, traffic and noise, and to limit the impacts to those necessary to achieve community reuse goals and objectives. The redevelopment shall be integrated with the United States government's cleanup of hazardous materials on the base to ensure effective, expeditious and efficient environmental remediation and protection of public health and welfare in accordance with federal and state law and regulation.
Section 3. There was created by chapter 291 of the acts of 2014 a body politic and corporate, to be known as the Southfield Redevelopment Authority, to carry out this act. The authority is deemed to be a public instrumentality and the exercise by the authority of the powers conferred by this act shall be deemed and held to be the performance of public functions. The authority shall be included within the definition of a “local government unit or local governmental unit”, as defined in section 1 of chapter 29C of the General Laws, and its bonds and notes shall be included within the definition of “local governmental obligations”, as defined in said section 1 of said chapter 29C. The authority shall be included within the definition of a “governmental entity” for purposes of owning public infrastructure improvements pursuant to chapter 293 of the acts of 2006. The authority shall be an “eligible applicant” and a municipality for the purposes of the General Laws and the authority, the town of Rockland, the town of Weymouth and the town of Abington shall be eligible for any financial or other assistance from the Massachusetts School Building Authority and the Massachusetts Department of Transportation pursuant to chapter 90 of the General Laws.
To achieve its primary purpose of securing the redevelopment of NAS South Weymouth for the benefit of the towns of Abington, Rockland and Weymouth, the authority shall be guided in its financing activities with the goal of generating fiscal benefit to the towns stemming from the redevelopment. The authority, during its existence, and the master developer, giving consideration to its economic interests, shall pursue the redevelopment of the underutilized land within NAS South Weymouth in a manner that, in the aggregate, generates revenue for the towns that exceeds the costs that the towns incur for the provision of those municipal services that the towns are obligated to provide to NAS South Weymouth pursuant to this act. The authority shall, to the maximum extent feasible and consistent with the zoning by-laws, dispose of all of the property within the NAS South Weymouth redevelopment area through sale or other transfer prior to the authority's termination as provided in section 33.
Section 4. As used in this act, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Abington appointee”, the member of the board appointed by the town of Abington.
“Advisory board”, the advisory board to the authority established in section 11.
“Affordable and workforce housing plan”, the Affordable and Workforce Housing Plan for NAS South Weymouth, as adopted by South Shore Tri-Town Development Corporation on January 24, 2011, and as may be amended.
“Affordable and workforce housing regulations”, the NAS South Weymouth Affordable and Workforce Housing Regulations, as adopted by South Shore Tri-Town Development Corporation on January 24, 2011, and as may be amended.
“Agency”, the Massachusetts Development Finance Agency, a Massachusetts body politic and corporate established in section 2 of chapter 23G of the General Laws, which is the successor-in-interest to the government land bank under chapter 289 of the acts of 1998.
“Authority”, the authority established in section 3 and, as the context requires, the South Shore Tri-Town Development Corporation created pursuant to chapter 301 of the acts of 1998.
“Base rate”, the ad valorem property tax rate levied by the town in which the subject property is located.
“Base revenue”, revenue generated through assessment and collection of the base rate.
“Board”, the board of directors of the Southfield Redevelopment Authority established in section 9.
“Bond termination date”, the latest date on which all amounts outstanding under bonds or notes issued by the authority pursuant to this act or by the agency pursuant to section 6 of chapter 293 of the acts of 2006, including all obligations of the authority undertaken in connection with the issuance of such bonds of the agency, have been paid in full, which date shall be no later than December 31, 2075.
“Chamber appointee”, the member of the board appointed pursuant to clause (vi) of subsection (a) of section 9.
“Commercial development”, all nonresidential, nonrecreational and noninstitutional land uses permissible under the zoning by-laws, including retail, general office, medical office and industrial uses.
“DDA”, the then-current disposition and development agreement entered into between the authority and the master developer, as defined herein, as the same may be re-negotiated, re-stated or amended.
“Dissolution and administration agreement”, the dissolution and administration agreement authorized pursuant to section 33.
“ENA”, the then-current exclusive negotiation agreement entered into between the authority and the master developer, as defined herein, as the same may be re-negotiated, re-stated or amended.
“Executive”, the mayor of Weymouth or the boards of selectmen of the towns of Abington and Rockland, as applicable.
“Infrastructure”, all infrastructure included in the project.
“Labor appointee”, the member of the board appointed pursuant to clause (iv) of subsection (a) of section 9.
“Major zoning revision”, a “substantial revision” to the zoning by-laws as that term is defined and used in the zoning by-laws.
“Master developer”, the master developer as designated pursuant to the most current ENA and finalized under a DDA.
“Minor zoning revision”, any revision to the zoning by-laws that does not constitute a major zoning revision as defined herein.
“NAS South Weymouth”, the military base formerly known as the Naval Air Station South Weymouth, which was disestablished in accordance with the recommendation of the 1995 Base Realignment and Closure Commission, pursuant to 10 U.S.C. § 2687, as amended.
“NAS South Weymouth redevelopment area”, the geographic area delineated in the plans and maps referenced in section 5.
“NAS South Weymouth region”, (i) towns as defined in this act; and (ii) municipalities contiguous to the towns; and (iii) all municipalities contiguous to the municipalities in subsection (ii); provided, however, that the NAS South Weymouth region shall not include the city of Boston.
“New regulations”, the regulations applicable to all projects at the NAS South Weymouth redevelopment area for which construction commences after the effective date of this act, which are adopted pursuant to subsection (i) of section 14.
“Parkway”, the east-west parkway connecting Weymouth street in the town of Rockland to state highway route 18, Main street, in the town of Weymouth.
“Parkway financing MOA”, the Memorandum of Agreement on Financing for the South Shore Tri-Town Development Corporation’s Parkway entered into as of March 4, 2010 by and between the commonwealth and South Shore Tri-Town Development Corporation, as amended by the First Amendment thereto dated June 15, 2010, and as may be further amended.
“Permanent water and wastewater infrastructure”, (i) water supply, treatment and distribution; and (ii) sewer collection, treatment and disposal capacity for the project that does not exist as of the effective date of this act and that may be financed, designed, constructed, operated and maintained by the master developer pursuant to, and to the extent provided in, section 15.
“Pledged revenue”, property tax revenue subject to the pledge established in that certain Amended and Restated Trust Indenture dated as of December 1, 2020 between Southfield Redevelopment Authority and Wells Fargo Bank, N.A., as Trustee, and relating to Southfield Redevelopment Authority Revenue Refunding Bonds, Series 2020A, as the same may be amended from time to time.
“Prior enabling act”, chapter 291 of the acts of 2014.
“Project”, the acquisition, development, improvement, construction, expansion, reduction, destruction and renovation of all real and personal property and infrastructure, buildings, structures, utilities and utility services located on, conducted within or otherwise directly associated with the NAS South Weymouth redevelopment area for all uses that may now or in the future be contemplated or allowed pursuant to the zoning by-laws, which shall be owned by the authority, the towns, the commonwealth or any other political subdivision or public instrumentality of the commonwealth including, but not limited to, all infrastructure for the provision of gas; cable television; telephone; storm drainage systems; dams; sewage treatment plants; sewers; water and well systems; roads; highways; bridges; culverts; tunnels; streets; sidewalks; lighting; parking, including garages; schools; public safety; public works and administration buildings; parks; cultural and performing arts facilities; recreational facilities; transportation stations and related facilities; shuttle transportation equipment; fiber and telecommunication systems; facilities to produce and distribute electricity, including alternate energy sources such as co-generation and solar installations; the investigation and remediation associated with the cleanup of actual or perceived environmental contamination in accordance with applicable governmental regulations; and all other programs, services, systems and other activities associated therewith, located on, conducted within or otherwise directly associated with the NAS South Weymouth redevelopment area.
“Resident appointees”, the members of the board appointed pursuant to clause (v) of subsection (a) of section 9.
“Rockland appointees”, the members of the board appointed by the town of Rockland.
“Secretary”, the secretary of administration and finance.
“Series 2020A bonds”, the Southfield Redevelopment Authority Revenue Refunding Bonds, Series 2020A issued pursuant to the Amended and Restated Trust Indenture dated as of December 1, 2020 between Southfield Redevelopment Authority and Wells Fargo Bank, N.A., as Trustee.
“Southfield rate”, ad valorem property tax rate levied within NAS South Weymouth pursuant to section 19, in excess of the base rate and at only that level necessary to fund the operations of the authority as determined by the board pursuant to said section 19, subject to the approval of the department of revenue.
“Southfield revenue”, revenue generated in a single tax year through the assessment and collection of the Southfield rate.
“Taxation plan”, the plan established pursuant to section 19.
“Town appointees”, the Abington, Rockland and Weymouth appointees, collectively.
“Towns”, the towns of Abington and Rockland and the city known as the town of Weymouth.
“Trust Indenture”, the trust indenture referred to in the definition of “pledged revenue”.
“Weymouth appointees”, the members of the board appointed by the town of Weymouth.
“Zoning by-laws”, the “zoning and land use by-laws for NAS South Weymouth,” in the form approved by: (i) unanimous vote of the Weymouth Town Council on June 26, 2023; (ii) a two-thirds majority vote at Abington Special Town Meeting on October 14, 2023 and: (iii) a two-thirds majority vote at Rockland Special Town Meeting on November 7, 2023, and as they may be amended.
“Zoning map”, the zoning district map referenced in section 4.3 of the zoning by-laws, in the form approved by: (i) unanimous vote of the Weymouth Town Council on June 26, 2023; (ii) a two-thirds majority vote at Abington Special Town Meeting on October 14, 2023 and; (iii) a two-thirds majority vote at Rockland Special Town Meeting on November 7, 2023, and as they may be amended.
Section 5. The NAS South Weymouth redevelopment area shall be comprised of the lands, including all easements, reservations and rights appurtenant thereto, and all buildings, structures, utilities and improvements located thereon, comprised of the former military base of that name presently located in the towns of Abington, Rockland and Weymouth and now or formerly within the ownership, control and jurisdiction of the United States, including, without limitation, those portions of the base property that have been transferred as of the effective date of this act to the United States Coast Guard, Federal Aviation Administration or the authority. Plans and descriptions detailing the precise boundaries and configuration of the NAS South Weymouth redevelopment area were filed with the secretary and recorded in the Plymouth registry of deeds as plan number 760 in plan book 42 and the Norfolk registry of deeds as plan number 525 in plan book 467.
Section 6. Except as otherwise provided in, directed by or limited by this act, the authority shall have all of the powers necessary or convenient to carry out the purposes and provisions of this act, including the power to:
(a) exercise the rights provided to municipal governments and agencies under federal laws and regulations and under the constitution, laws and regulations of the commonwealth subject to section 31 of chapter 44 of the General Laws;
(b) sue and be sued in all courts and to initiate or participate in actions and proceedings, whether judicial, administrative, arbitrative or otherwise;
(c) adopt a seal and alter such seal at its pleasure and use it by causing it or a facsimile to be affixed or impressed or reproduced in any manner;
(d) own, acquire, manage, maintain, modify, operate, convey or lease infrastructure improvements or any facilities for the project, including the infrastructure for the distribution of public utilities, including, but not limited to, electricity, gas, water, waste water and sewer and sewage treatment and disposal, refuse collection and disposal, telecommunications and cable services and the transportation infrastructure, including, but not limited to, the parkway;
(e) develop, own, manage, operate, regulate or lease wells to procure water from productive aquifers underlying the NAS South Weymouth redevelopment area in accordance with sections 38 and 39A of chapter 40 of the General Laws and determine and collect or authorize the collection on its behalf of assessments and other charges related to constructing and maintaining such systems, as provided in said chapter 40; provided, however, that the procurement of such water shall not materially adversely affect the supply of water available to a town;
(f) own, manage, operate, regulate, convey or lease facilities of common sewers and main drains and facilities for wastewater and sewage treatment and disposal and determine and collect or authorize the collection on its behalf, or on behalf of the master developer, of assessments and other charges related to financing, laying out, constructing, operating and maintaining such systems, as provided in this act and pursuant to chapter 83 of the General Laws;
(g) own, manage, operate, regulate or lease surface water reservoirs within the NAS South Weymouth redevelopment area or connect to or otherwise purchase or lease water from the water system of a town, any other municipality or any other governmental or quasi-governmental agency or any other public or private entity, including, without limitation, the Massachusetts water resource authority, for the provision of water within the NAS South Weymouth region, and manage, operate, regulate, convey or lease any and all systems for the delivery of such water within the NAS South Weymouth redevelopment area; provided, however, that the procurement of such water shall not materially adversely affect the supply of water available to any of the towns;
(h) exercise the power of eminent domain within the NAS South Weymouth redevelopment area as provided in chapters 79, 79A, 80 and 80A of the General Laws;
(i) appoint, prescribe the qualifications and fix the compensation of employees and pay the same out of funds of the authority;
(j) appoint legal counsel and fix compensation for such services rendered to the authority;
(k) appoint qualified boards, commissions, committees or subcommittees, including those responsible for zoning, subdivision and other land use or permitting approvals whose members need not be directors of the board, and individuals, in addition to the advisory board established pursuant to section 11, to serve as unpaid advisors under such terms and conditions as it may deem necessary; provided, however, that such boards, commissions, committees, subcommittees and individuals may be reimbursed for incidental expenses determined by the authority to be necessary and incurred while performing the business of the authority;
(l) acquire, hold and dispose of personal property within the NAS South Weymouth redevelopment area for its corporate purposes;
(m) acquire easements and other interests in land directly associated with the NAS South Weymouth redevelopment area in connection with the project;
(n) purchase, receive, take by grant, gift, devise, bequest, lease, or otherwise acquire, own, hold, improve, employ, use or otherwise manage real and personal property or any interest therein, whether tangible or intangible, for its purposes, located within the NAS South Weymouth redevelopment area, except for any federally-owned property of the former NAS South Weymouth which shall be or has been transferred to the United States Coast Guard and Federal Aviation Administration; provided, however, that when any of the excepted property is declared to be surplus to the needs of the United States government, the authority may obtain any and all like interest in the property as described herein;
(o) sell, convey, lease, exchange, transfer or otherwise dispose of all or any of its real or personal property or any interest therein, using procedures adopted by the authority;
(p) apply for and, for the purposes of this act, accept gifts, loans, grants of property, funds, money, materials, labor, supplies or services from a person or from the United States government or its departments or agencies or from an agency of the commonwealth or a political subdivision thereof, or make agreements with respect to any such gifts, loans or grants, and to do any and all things necessary, useful, desirable or convenient in connection with procuring, accepting or disposing of such gifts, loans or grants;
(q) purchase, take, receive, subscribe for, or otherwise acquire, hold, make a tender offer for, vote, employ, sell, lend, lease, exchange, transfer or otherwise dispose of, mortgage, pledge or grant a security interest in, use or otherwise deal in and with, bonds and other obligations, shares or other securities or interests therein issued by others, whether engaged in a similar or different business or activity;
(r) make and execute agreements, contracts, project labor agreements and other instruments necessary or convenient in the exercise of the powers and functions of the authority under this act, including contracts with a person, firm, corporation, municipality, commonwealth agency, governmental unit or other entity, foreign or domestic;
(s) assess and collect taxes, assessments, special assessments, betterments and fees within the NAS South Weymouth redevelopment area under the General Laws and the powers granted by this act, in order to generate revenues to pay the cost of operations of the authority, amounts due on outstanding indebtedness of the authority, maintenance of the property, environmental remediation and monitoring of the property and the maintenance of the project, infrastructure improvements within or associated with the NAS South Weymouth redevelopment area in accordance with this act, the General Laws, and zoning by-laws, including the funding provisions thereof and for all other purposes for which cities and towns may assess and collect such taxes, assessments, special assessments, betterments and fees, and distribute revenues in accordance with section 19. In connection with the foregoing, the authority shall have all the powers and authority of cities and towns under chapters 59, 60, 60A, 61B and section 3A of chapter 64G of the General Laws, and any powers that require adoption by cities and towns if adopted by the authority;
(t) administer land use, subdivision, zoning and wetland protection controls and associated permitting, approval and entitlement activities within the NAS South Weymouth redevelopment area, and to enter into agreements with the towns whereby any such activities which the authority may determine shall be more effectively administered by a town shall be within such town’s administration, subject to such town’s agreement to enter into such agreement(s); provided, further, that any town’s administration of such activities pursuant to any such agreement(s) shall be consistent with any expedited permitting standards or requirements then-applicable to the authority’s conduct of such activities. Except as otherwise expressly provided in the zoning by-laws: (i) in the administration of the activities authorized under this section in the NAS South Weymouth redevelopment area, the authority may take action and issue permits, approvals, orders of conditions, and other land-use entitlements in accordance with the procedures and standards from time to time applicable to municipalities and their boards, commissions and agencies so authorized to take such action or to issue any such permit, order of conditions, approval or other entitlement under the General Laws; provided, however, that the regulations developed and adopted by the authority under section 14 may provide for expedited permitting under which the time frames for action applicable to municipalities and their boards, commissions and agencies under the provisions of the General Laws are shortened; and (ii) all such actions, including a failure to take action, and such permits, approvals, orders of conditions or other land-use entitlements shall have the legal effect and duration as provided in the General Laws, except for any shortened time frames expressly provided in such regulations. Upon termination of the authority under section 33, the authority to administer such activities shall be vested in the towns in accordance with the dissolution and administration agreement and the General Laws, but no permit, approval, or other entitlement issued by the authority prior thereto pursuant to this act or pursuant to the prior enabling act or any activity undertaken or improvement made in accordance therewith shall be affected thereby. As further provided in subsection (i) of section 14, administration of the following municipal powers pursuant to the General Laws that do not involve the administration by the authority of such land use, subdivision, zoning and wetland controls and related entitlement activities shall remain with the towns in which the applicable real property is located unless expressly granted to said authority in this act or elsewhere: issuance of building permits by the inspectional services department; public-health and safety-related matters under the jurisdiction of the local board of health; and issuance of liquor licenses. For the portions of the NAS South Weymouth redevelopment area located within each of the towns, the respective town shall be responsible for providing all services, including police and fire protection, normally and customarily provided by a municipality within their jurisdiction. In the event that a town does not provide a service it is required to provide in accordance with this subsection, the authority may provide such service and charge the town for the cost of providing such a service. With respect to any utilities or services provided as of the effective date of this act or to be provided in the future within the NAS South Weymouth redevelopment area by the authority or the towns: (i) an intermunicipal agreement shall not be required in any circumstance, even to the extent that the provision of such utilities or services crosses town boundaries, and (ii) the authority or any of the towns shall be permitted to provide utilities or services to land located outside of a particular town’s boundaries without entering into any additional agreement;
(u) develop, adopt, amend, implement and enforce by-laws and regulations for the general administration of the NAS South Weymouth redevelopment area pursuant to sections 21 to 33, inclusive, of chapter 40 of the General Laws or as otherwise permitted by law, including the new regulations;
(v) borrow money at such rate or rates of interest as the authority may determine; issue its notes, bonds or other obligations to evidence such indebtedness, and secure any of its obligations by pledging any of its assessments, betterment fees, rents, fees or other revenues or by mortgage or pledge of all or any of its property, or any interest therein, tangible or intangible, whether then owned or thereafter acquired, as provided in this act and exercise all other rights and powers of cities and towns under chapter 44 of the General Laws; provided, however, that said chapter 44 shall not be applicable to the manner of voting or the limitations as to the amount and time of payment or other details of debts incurred by the authority and, in the event of a conflict between the provisions of this act and said chapter 44, the provisions of this act shall apply;
(w) arrange for guaranties of its notes, bonds or other obligations by the federal government, the commonwealth, the towns or by any private insurer or otherwise, and to pay any premiums therefor;
(x) issue such short and long term notes, bonds or other obligations, whether or not the interest to the holders is exempt from taxation;
(y) purchase notes, bonds or other obligations of the authority at such price or prices, in such manner, and upon such terms, as the authority may determine;
(z) invest and reinvest its funds in such investments as may be lawful for fiduciaries in the commonwealth, and take and hold property as security for the payment of funds so invested, as provided in section 55 of chapter 44 of the General Laws;
(aa) procure insurance against any loss in connection with its property or the project in such amounts and from such insurers, including the federal government, and directors and officers liability insurance, as it may deem necessary or desirable, and to pay any premiums therefor;
(bb) enter into and perform contracts, project labor agreements, and other agreements, whether or not they may be deemed to constitute indebtedness under applicable law, for the joint or separate planning, financing, construction, purchase, operation, maintenance, use, sharing costs of, ownership, mortgaging, leasing, sale, disposal of, or other participation in facilities, products or services of any person who engages in business on property owned or controlled by the authority;
(cc) maintain a principal office within the NAS South Weymouth redevelopment area;
(dd) make any inquiry, investigation, survey, feasibility study or other study which the authority may deem necessary or advisable to enable it to carry out effectively this act;
(ee) apply to the appropriate agencies and officials of the federal government and the commonwealth for licenses, permits or approvals, as are ordinarily applied for by cities and towns, of its plans or the project as it may deem necessary or advisable, and to accept such licenses, permits or approvals as may be tendered to it by such agencies or officials, upon such terms and conditions as it may deem appropriate;
(ff) make by-laws and establish committees for the management and regulation of its affairs as it may deem necessary or advisable and, subject to agreement with bondholders, make rules pursuant to its own procedures for the use of the project and its property, and establish and collect assessments, rentals, fees and all other charges for the use of the project under the jurisdiction of the authority and for services or commodities sold, furnished or supplied by the authority;
(gg) contract for the environmental remediation, construction, operation or maintenance of any part of the project, or for services to be performed thereon, and rent parts thereof and grant concessions thereon, on such terms and conditions as the authority may determine; provided, however, that any such transaction shall be exempt from the public bidding and procurement requirements applicable to bodies politic and corporate of the commonwealth imposed by general or special law, including without limitation, the requirements of chapters 7, 30 and chapter 149 of the General Laws, but excluding sections 28 and 29 of said chapter 149, and regulations promulgated thereunder so long as the authority has, pursuant to an affirmative vote and by stating the public convenience and necessity therefor, exempted any such transaction from such requirement;
(hh) designate the depositories of its money within the commonwealth;
(ii) establish its fiscal year to commence on July 1 and end on June 30 of each year and change the fiscal year from time to time as the authority may deem necessary and appropriate;
(jj) take such other actions and exercise such other powers as it may deem necessary, advisable and convenient in the furtherance of the purposes of this act;
(kk) apply for and be eligible for any and all available financial and other assistance without further approval of any agency of the commonwealth or any other enabling authority pursuant to any current or future economic development districts or special designations that are intended to attract new growth, enhance infrastructure investment or incentives, or provide other economic development benefit to priority areas of the commonwealth;
(ll) maintain, regulate, and otherwise own, manage and operate any street, public way or public use of a private way within the NAS South Weymouth redevelopment area, including any sewers, drains, sidewalks and other utilities and infrastructure located in any streets and ways, until such time any such street, public way, or public use of a private way is transferred to a town, the master developer, or other third party pursuant to this act or pursuant to land disposition agreements entered into between the authority, the United States Navy, or the master developer; and
(mm) assume responsibility for maintaining, monitoring and conducting other activities imposed by any condition of any license, permit or approval, or by any institutional control arising under any environmental law or regulation with respect to the project.
Section 7. The authority shall not be obligated to maintain, operate, improve or provide services, including police and fire protection, for those portions of the NAS South Weymouth which remain in federal ownership, nor shall the authority bear any responsibility or be liable for any injury, damage or loss arising out of or in connection with any activities which may occur on such federal property, nor as a result of any improvements, damage, deterioration or environmental hazards occurring thereon.
Section 8. In addition to any other duties set forth in this act, the authority shall coordinate with, and provide information to, the United States and any officials or employees thereof, regarding any matter relating to the ownership, condition, closure, conversion, redevelopment or future use or operations of the NAS South Weymouth redevelopment area as required by the Defense Base Realignment and Closure Act. Notwithstanding any other provision of law, the authority shall be the only person or entity in the commonwealth authorized to negotiate, purchase or otherwise obtain on behalf of itself, the commonwealth or any of its political subdivisions, any fee ownership, easement, lease, license or other interest in any property in or on the NAS South Weymouth redevelopment area from the United States, except that a governmental entity of the commonwealth may acquire an interest from the authority to such property, if such acquisition and use of the property by a governmental entity of the commonwealth is consistent with the zoning by-laws.
Section 9. (a) The powers and management of the authority, which include all rights and powers of a town council or board of selectmen or mayor of a city or town except as otherwise provided in, directed by, or limited by this act, shall be vested in a board of 9 directors to be appointed as follows: (i) 1 member appointed by the board of selectmen of the town of Abington; (ii) 2 members appointed by the board of selectmen of the town of Rockland; (iii) 2 members appointed by the mayor of the town of Weymouth; (iv) 1 member, who is an experienced labor representative and selected by the president of the Norfolk County Labor Council; (v) 2 members, each of whom shall have legal residency at NAS South Weymouth, 1 of whom shall be appointed by the Southfield Neighborhood Association and 1 of whom shall be appointed jointly by the mayor of the town of Weymouth and board of selectmen of Rockland from 4 candidates nominated by the Southfield Neighborhood Association, provided, however, that if such mayor and board have not jointly appointed a candidate within 14 days of becoming eligible to make such appointment, the board of the authority shall appoint this member by an affirmative vote of at least 5 members from the 4 candidates nominated under this clause; and (vi) 1 member, who shall be a member of the board of the South Shore Chamber of Commerce, selected by said chamber. The board shall appoint a chairman from among its members who shall serve in that capacity at the pleasure of the board.
(b) The terms of all 9 members serving on the board, as constituted on the date hereof, shall expire 3 years following the date of appointment.
Any town appointee may also be removed from the board by the executive of the town from which he or she was appointed for reasons deemed by such executive to be sufficient and proper. The resident appointee appointed by the Southfield Neighborhood Association may be removed from the board by the Southfield Neighborhood Association. The other resident appointee may be removed from the board by a vote of the executive authority of town of Weymouth and Rockland for reasons deemed to be sufficient and proper; provided, however, that if the appointee is appointed by the board of the authority, the appointee may only be removed by a majority vote of the board of the authority.
The labor representative or chamber representative may be removed by a vote of the executive authority of at least 2 of the towns. All board members shall be eligible for reappointment to additional terms at the expiration of their current terms. Vacancies shall be filled, as applicable, by the respective appointing authority for each such vacancy. Notwithstanding anything to the contrary, to the extent that any board member’s term expires, a renewal is not affirmatively enacted and a replacement is not immediately identified, the existing board member shall remain on the board until the vacancy is filled.
(c) The town appointees shall have demonstrated expertise and education and experience in 1 or more of the following areas: real estate development, housing, finance, planning, or engineering. The towns shall cooperate to assure the appointment of directors from as many of the foregoing disciplines as possible. The chamber and labor appointees shall have demonstrated expertise in large-scale real estate development and demonstrated expertise in 1 or more of the following areas: housing, finance, business, planning, environment, transportation or municipal government.
(d) Five members of the board shall constitute a quorum. The board may act only when a quorum is present, and then only by a majority of those actually voting, which must in all events include at least 4 affirmative votes.
(e) Directors may receive compensation as determined from time to time by the advisory board established by section 11. Directors shall receive reimbursement of such incidental expenses determined by the board to be necessary; provided, however, that the annual compensation of the directors shall not exceed $6,250 or 80 per cent of the total combined average of the annual salaries of the town councilors of the town of Weymouth, whichever is higher.
(f) Directors shall be residents of the commonwealth. No director or employee of the authority shall be a local elected public official of the town of Abington, Rockland or Weymouth, except that residents of the towns of Abington and Rockland who participate in their respective town meetings shall not be restricted from service as a director or employee of the authority. Each resident appointee shall maintain a legal residence within NAS South Weymouth, and each town appointee shall maintain a legal residence in his or her appointing town, at all times during his or her respective term on the board. Any resident or town appointee who fails to maintain his or her legal residence as required shall be automatically disqualified from further service on the board without need for further action by the board or the relevant appointing authority.
(g) Public employees or appointed officials of the federal government and the commonwealth and its political subdivisions may serve as directors of the authority so long as their service as director does not constitute a conflict of interest with their duties as public employees or appointed officials.
(h) Directors shall be subject to chapter 268A of the General Laws.
(i) The directors may, from time to time, by majority vote designate employees of the authority, consultants and other individuals to participate on boards, commissions, committees and other organizations established by the authority or otherwise related to the project as a representative of the directors.
(j) The directors may, from time to time, by majority vote, authorize a person, other than a majority of the board, to issue endorsements, certificates and other ministerial documents in furtherance of actions taken by the board.
(k) The officers and directors of the authority shall have the full protections afforded by section 13 of chapter 258 of the General Laws to the same extent as municipal officers in a city or town which has accepted said section 13 of said chapter 258.
(l) Sections 18 to 25, inclusive, of chapter 30A of the General Laws shall apply to the authority.
Section 10. If a director, or member of his immediate family shall be interested either directly or indirectly, or shall be a director, officer or employee of or have an ownership interest in a firm or authority interested directly or indirectly, in a contract or other matter involving the authority, such interest shall be disclosed to the board and shall be set forth in the minutes of the board. The member having such interest shall not participate on behalf of the authority in any proceeding or decision relating to such contract or matter. For the purpose of this section, immediate family shall include spouse, parent, parent-in-law, brother, brother-in-law, sister, sister-in-law, son, son-in-law, daughter, daughter-in-law and the parent or child of any of such individuals.
Notwithstanding the foregoing, or the provisions of chapter 268A of the General Laws, an interest of a resident appointee or of a member of the immediate family of a resident appointee arising solely on account of the appointee’s or immediate family member’s residing at NAS South Weymouth shall not be disqualifying and shall not be deemed an impermissible conflict of interest.
Section 11. (a) There shall be an advisory board to the authority consisting of: (i) 1 voting representative appointed by the town of Abington and 1 voting representative appointed by the town of Hingham; (ii) 2 voting representatives appointed by the town of Rockland and 2 voting representatives appointed by the mayor of Weymouth; (iii) 1 voting representative of the Metropolitan Area Planning Council who shall be a member of and be designated by the board of the council and who shall reside in Norfolk county; (iv) 1 voting representative of the Old Colony Planning Council who shall be a member of and be designated by the board of the council and who shall reside in Plymouth county; and (v) 3 voting representatives to be appointed by the governor, 1 of whom shall be the secretary or a designee, 1 of whom shall be the secretary of housing and economic development or a designee and 1 of whom shall have demonstrated skill and expertise in matters relating to real estate development. The members of the advisory board representing a town shall be appointed by, and serve at the pleasure of, the mayor of the town of Weymouth or board of selectmen of each such other town. The members of the advisory board appointed by the Metropolitan Area Planning Council and the Old Colony Planning Council shall serve at the pleasure of the councils. The members of the advisory board appointed by the governor shall serve at the pleasure of the governor.
(b) The total voting membership of the advisory board shall be 11 votes, equally weighted. The advisory board may act at regular periodic meetings called in accordance with its by-laws or at a special meeting called by the authority or by a quorum of the advisory board. A quorum of the advisory board shall consist of a majority of its representatives, but in no event shall it be less than 4 representatives. The advisory board may act by the affirmative vote of a majority of the representatives present that constitute a quorum.
(c) For the conduct of its business the advisory board shall adopt and may revise and amend its own by-laws. The advisory board shall elect from among its members a chairperson, a vice chairperson and a secretary and such other officers as the advisory board may determine. Each such officer shall serve in such capacity at the pleasure of the advisory board and may be removed from such position by majority vote of the advisory board. In the event of a vacancy, the appointing authority shall fill the vacancy for the unexpired term. Each member of the advisory board shall serve without compensation but may be reimbursed for all reasonable expenses incurred in the performance of his or her duties as approved by the advisory board and the authority.
(d) The purposes of the advisory board shall be as follows: (i) to review the annual report of the authority and to prepare comments thereon for the benefit of the authority, the governor and the towns, and to make such examinations of the reports on the authority's records and affairs as the advisory board deems appropriate; (ii) to hold meetings with the board of directors of the authority and, at the discretion of the advisory board and with the concurrence of the board of directors of the authority, special meetings with the board of directors of the authority as it deems necessary and appropriate on matters relating to the authority, and to hold meetings at other times as the advisory board may determine; (iii) to make recommendations to the authority on any budget; (iv) to make recommendations to the governor, the general court and the towns regarding the authority, its programs, and the project; and (v) to determine, from time to time, compensation for the directors pursuant to section 9.
(e) The authority shall provide such reasonable administrative and staff support to the advisory board as may be necessary for the efficient discharge of the advisory board's responsibilities pursuant to this act.
(f) Notwithstanding the provisions of chapter 268A of the General Laws, an interest of an advisory board member or of a member of the immediate family of an advisory board member arising solely on account of the member’s or immediate family member’s residing at NAS South Weymouth shall not be disqualifying and shall not be deemed an impermissible conflict of interest.
Section 12. The board may from time to time hire employees and engage outside vendors or consultants, or both, as necessary to achieve the orderly functioning of the authority. Employees of the authority shall not be subject to the provisions of chapter 30 or section 45, 46, 51 or 52 of chapter 31 of the General Laws. Employees of the authority shall be subject to the provisions of chapter 268A of the General Laws. Compensation for employees of the authority shall be set by the board.
Section 13. The board may hire, fix and pay compensation, prescribe duties and qualifications and establish personnel policies without regard to any personnel or civil service law or personnel or civil service rule of the commonwealth. The employees of the authority shall not be classified employees of the commonwealth. An individual employed by the authority shall be deemed an employee at will and shall serve at the pleasure of the authority.
Section 14. (a) The zoning by-laws shall remain in effect, subject to their modification pursuant to the procedures set forth in this section. Such zoning by-laws, as they may be modified in accordance with this section from time to time, shall supersede the zoning by-laws of the towns with respect to land in the NAS South Weymouth redevelopment area. In recognition of the significant number of housing units allowed by the zoning by-laws in proximity to MBTA communities, the zoning by-laws satisfy the requirements of section 3A of chapter 40A of the General Laws for the project and each of the towns, as applicable, and the project and each of the towns will be eligible for any funding that would be available if a municipality complies with said section 3A of said chapter 40A in recognition of the extent of housing that can be provided in proximity to MBTA communities as a result of the project. “MBTA community” as used herein shall mean an MBTA community as defined in 760 CMR 72.00, regulations for said section 3A of said chapter 40A promulgated by the executive office of housing and livable communities, in consultation with executive office of economic development, the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation, as may be amended.
(b) Consistent with current and prior planning for NAS South Weymouth, NAS South Weymouth shall be developed in accordance with the following principles:
(1) notwithstanding anything to the contrary contained in this act or any other general or special law or bylaw or regulation of the authority, or in any existing agreement between the master developer and the authority or any other entity, of the residential units at NAS South Weymouth, a minimum of 10 per cent shall meet the requirements of “affordable” housing or “workforce” housing, as such terms are defined in the affordable and workforce housing plan and the affordable and workforce housing regulations or the new regulations, as applicable. Affordable or workforce housing constructed within NAS South Weymouth prior to the effective date of this act shall be counted towards the aggregate 10 per cent minimum requirement;
(2) further development at NAS South Weymouth should be planned and built-out to incorporate smart growth principles to the extent feasible with a mix of housing and commercial development, and transportation choices. Whenever feasible, uses at the project should be designed to be located within walking distance of each other, or even in the same building. Sustainable and environmentally-friendly development should also be integrated into the project with water conservation and building designs that comply with generally accepted “green” design standards. The project should incorporate green building technologies into aspects of its infrastructure design, construction and operation, and promote the use of green building technologies by its vertical residential and commercial builders as well;
(3) passive and active recreational facilities shall be included in the further development of NAS South Weymouth, with such facilities to include but not be limited to the existing recreation complex, bicycle and walking paths, picnic areas and nature trails; provided, however, that notwithstanding the generality of the preceding sentence, the master developer shall not be required to construct or operate a golf course; and
(4) the master developer shall submit to the authority no later than 2 months after the approval of same by the Natural Heritage and Endangered Species Program an open space preservation plan, which shall include a plan for addressing all existing runways, taxiways, traffic control towers and other infrastructure located on any land zoned open space as of the effective date of this act. In connection with existing and proposed development at NAS South Weymouth, the project will provide a significant open space area subject to restrictions for the ongoing protection of habitat and rare species. The following existing restrictions are on record affecting land within NAS South Weymouth: (i) First Amended and Restated Grant of Restriction, East End Parcels Restriction, dated October 22, 2013, by LNR South Shore, LLC as declarant thereunder and (ii) Second Amended and Restated Grant of Restriction, Golf Course Parcels Restriction, dated February 26, 2014, by LNR South Shore, LLC as declarant thereunder; items (i) and (ii) collectively referred to herein as the “restrictions”. Notwithstanding any general or special law to the contrary, any modifications to the restrictions in connection with the reconfiguration of the proposed protected open space at NAS South Weymouth, including modifications that release certain land from the restrictions, is allowed and shall not be subject to any requirement of section 5A of chapter 3 of the General Laws, provided that the reconfiguration of such open space is consistent with any then-current conservation and management permit issued by the National Heritage and Endangered Species Program, or its successor, for the project within NAS South Weymouth redevelopment area.
(c) Major zoning revisions shall not be effective until such revisions are approved by: (i) the town in which the land that is the subject of such revision is located; and (ii) the board. No town shall consider a major zoning revision except at the initiative of the applicable town executive, the master developer, the town’s planning board, the town council in the case of Weymouth or a person owning land to be affected by the revision. In addition to the requirements of chapter 40A of the General Laws, upon the filing of any application for major zoning revision to the town council in Weymouth or town meetings in Abington or Rockland, the town council or respective town meetings shall give notice of such filing to the authority, whereupon the authority shall publish a notice of a public hearing in a newspaper or general circulation within the NAS South Weymouth redevelopment area, and hold at least 1 public hearing in the NAS South Weymouth redevelopment area or in any 1 of the towns at which the public shall be afforded the opportunity to comment on the proposed revision. Within 90 days of receipt of a petition for a proposed major zoning revision, the receiving town shall convene a meeting of the town council in Weymouth or a town meeting if in Rockland or Abington for the purpose of adopting the proposed major zoning revision. The towns shall notify the authority of any major zoning revisions they may adopt, such notice to be provided within 30 days of obtaining the attorney general’s approval of such revision if required pursuant to section 32 of chapter 40 of the General Laws. All other provisions of chapter 40A of the General Laws shall apply, except that the towns may reconsider a proposed major zoning revision pursuant to this act within 6 months of an unfavorable action notwithstanding anything to the contrary in section 5 of said chapter 40A. Pursuant to 53G of chapter 44 of the General Laws, a town may request, and the master developer may elect to provide, reimbursement for legal fees incurred by the town in connection with the passage of this act.
(d) The board shall have the authority to make minor zoning revisions as described in the zoning by-laws. In addition, the board shall within 90 days of the adoption of this act, make all revisions, if any, to the zoning by-laws necessary to make the zoning by-laws conform to this act. The authority shall be responsible for maintaining a codification of the zoning by-law that reflects all major zoning revisions adopted by the various towns and all minor zoning revisions adopted by the board, and all revisions to the zoning map made pursuant to subsection (e).
(e) Revisions to the zoning map shall be made in accordance with the terms of the zoning by-laws.
(f) Revisions to the zoning by-laws pursuant to subsection (d) shall be by majority vote of the board. Prior to approving any minor zoning revision pursuant to said subsection (d), the authority shall formally notify the Towns, shall publish a notice of public hearing in newspapers of general circulation within the NAS South Weymouth redevelopment area, shall hold at least 1 public hearing in the NAS South Weymouth redevelopment area or in any 1 of the towns at which the proposed revision to the zoning by-laws not considered substantial shall be considered and voted upon, and shall afford the opportunity for public comment at such public hearing. The administrative provisions of the zoning by-laws or of any other regulation promulgated by the authority may provide for expedited permitting under which the time frames for actions, including a failure to take action, applicable to municipalities and their boards, commissions and agencies under the provisions of the General Laws may be shortened. Nothing in this section shall require the authority to be governed by the requirements of chapter 30A of the General Laws.
(g) The procedures set forth in this section for adopting revisions to the zoning by-laws shall be exclusive notwithstanding any general or special law to the contrary.
(h) Regulations for the effective implementation and enforcement of the zoning by-laws and revisions thereof shall be developed and adopted by the authority, pursuant to section 6. No regulation shall be adopted by the authority without first publishing notice of same in a newspaper of general circulation within the NAS South Weymouth redevelopment area, holding at least one public meeting in the NAS South Weymouth redevelopment area or in any one of the towns, and affording the opportunity for public comment. Nothing in this section shall require the authority to be governed by the requirements of chapter 30A of the General Laws.
(i)(1) As authorized in subsection (t) of section 6, the authority shall have exclusive authority to issue and enforce land use, subdivision and zoning permits, approvals, orders of conditions and other entitlements pursuant to the zoning by-law, regulations promulgated pursuant to subsection (h), subdivision regulations, and wetland protection laws in effect within the NAS South Weymouth redevelopment area. Such authority shall include the exclusive jurisdiction to sit as a permit granting authority pursuant to section 15 of chapter 40A of the General Laws. Notwithstanding anything to the contrary contained in this act or any other general or special law or bylaw or regulation of the authority, or in any existing agreement between the master developer or the authority or any other entity, or any combination of the foregoing parties, for the purposes of all projects at the NAS South Weymouth redevelopment area for which construction commences after the effective date of this act, there shall be a new set of regulations developed by the authority governing development, including, without limitation, regarding affordable and workforce housing, and land use, zoning, subdivision and wetlands administration, in each case, in place of any existing regulations in place. Administration of the following municipal powers pursuant to the General Laws that do not involve the administration by the authority of such land use, subdivision, zoning and wetland controls and related entitlement activities shall remain with the towns in which the applicable real property is located unless expressly granted to said authority in this act or elsewhere: (i) issuance of building permits by the inspectional services department; (ii) public-health and safety-related matters under the jurisdiction of the local board of health; and (iii) issuance of liquor licenses. If any building or structure is proposed to be constructed on a lot located within 2 or more towns, the building department or board of health or licensing department, as appropriate, of the town in which the majority of the gross floor area of the building or structure is to be located shall have exclusive jurisdiction. Once construction or operation, as appropriate, has begun pursuant to the applicable permit or license, the town with such jurisdiction shall retain such jurisdiction, even if subsequent improvements cause the majority of the gross floor area or operation to be located thereafter in the other town.
(2) The town of Weymouth may issue a maximum of 13 alcoholic beverage licenses within the portion of the NAS South Weymouth redevelopment area located within Weymouth in accordance with chapter 138 of the General Laws, the town of Abington may issue a maximum of 2 alcoholic beverage licenses within the portion of the NAS South Weymouth redevelopment area located within Abington in accordance with chapter 138 and the town of Rockland may issue a maximum of 13 alcoholic beverage licenses within the portion of the NAS South Weymouth redevelopment area located within Rockland in accordance with said chapter 138; provided, however, that said licenses shall not diminish the number of licenses permitted by the commonwealth to be granted elsewhere within the towns of Weymouth or Rockland. None of the licenses authorized by this section shall be transferable outside the NAS South Weymouth redevelopment area. Nothing in this section shall be deemed to limit the ability of the towns to issue entertainment licenses and temporary alcoholic beverage licenses as it deems necessary and appropriate for activities occurring within their respective borders.
(j) All decisions and determinations of the authority, whether legislative or adjudicatory in nature, shall be appealable by persons aggrieved by such decision or determination in accordance with applicable provisions of the General Laws. Where any applicable General Law requires notice of any such appeal to be filed with a municipal clerk, such filing shall be made with the clerk of the authority, and with the clerk of the town or towns in which the land subject to such decision or determination is located.
(k) Nothing in this act shall be interpreted as modifying or abrogating any permit, approval or entitlement issued by the commonwealth in relation to the project and pursuant to any law relating to the protection of human health or the environment.
Section 15. Anything developed within the NAS South Weymouth redevelopment area as of the effective date of this act shall be governed by the then-existing zoning by-laws and regulations promulgated by the authority and currently in effect. The board is hereby directed, (i) within 120 days of the effective date of this act, to revise, re-promulgate, re-issue, re-negotiate and re-execute, as needed, all regulations promulgated by the authority and currently in effect; or (ii) prior to commencement of any new development by the master developer at NAS South Weymouth, to enter into the new regulations or any agreements, including the ENA or DDA, as mutually determined by the authority and the master developer to be necessary, for the purpose of governing any development to occur within the NAS South Weymouth redevelopment area following the effective date of this act. Without limiting the generality of the foregoing, the DDA, as renegotiated pursuant to this section shall:
(a) require that the master developer work with the authority and the towns to develop a plan for procuring, financing, operating and maintaining the existing and permanent water and wastewater infrastructure for the project. The permanent water and wastewater infrastructure may include the construction of a wastewater treatment plant and associated groundwater discharge facilities. Nothing in this section shall prevent the master developer, the authority or the towns from mutually agreeing to assign or delegate the operation and maintenance of the existing or permanent water and wastewater infrastructure to qualified parties including, without limitation, any of the towns; and
(b) not include any provision imposing monetary penalties or forfeitures on the master developer in the event the master developer elects not to develop a golf course as part of the project.
Section 16. The executive office for administration and finance and the executive offices of housing and livable communities, economic development and labor and workforce development shall identify a senior staff member who shall assist the towns with establishing a method for coordinating 1-stop licensing for all businesses and developments to be located within the NAS South Weymouth redevelopment area for the purpose of expediting the process for obtaining commonwealth licenses, permits, certificates, approvals, registrations, charters and meeting any other requirements of law.
Section 17. Each public agency in the commonwealth, including, without limitation, agencies such as the Massachusetts Department of Transportation, the department of environmental protection and the Massachusetts water resources authority, involved in the development or financing of economic development projects shall develop a coordinated 1-stop program for businesses, institutions and private parties that may intend to locate in the NAS South Weymouth redevelopment area in order to enable development activities within the NAS South Weymouth redevelopment area to be more effectively promoted by the commonwealth. Further, to promote efficient redevelopment, any construction within or modifications to the layout of the parkway located within NAS South Weymouth in connection with the project shall solely require the approval of the authority.
Section 18. (a) The authority may fix, revise, charge, collect, levy and abate betterments, assessments, special assessments and fees, and other charges for the cost, administration and operation of the infrastructure improvements. In providing for the payment of the cost of the infrastructure improvements or for the use of the infrastructure improvements, the authority may avail itself of the General Laws relative to the assessment, apportionment, division, fixing, reassessment, revision, abatement and collection of infrastructure charges, including betterments, assessments, special assessments and fees by municipalities, or the establishment of liens therefor and interest thereon, and the procedures set forth in sections 5 and 6 of chapter 254 of the General Laws for the foreclosure of liens, as it shall deem necessary and appropriate for purposes of the assessment and collection of such infrastructure improvement charges. Notwithstanding any general or special law to the contrary, the authority may pay the entire cost of any infrastructure improvements, including the acquisition thereof, during construction or after completion, or the debt service of notes or bonds used to fund such costs, from betterments, assessments, special assessments, fees, or other charges, and may establish the betterments, assessments, special assessments, fees or other charges, prior to, during, or a reasonable time following the completion of the construction of such infrastructure improvements. The authority may establish a schedule for the payment of betterments, assessments, special assessments, fees or other charges, not to exceed 40 years. The authority may determine the circumstances under which the betterments, assessments, special assessments, fees and other charges, may be increased, if at all, as a consequence of delinquency or default by the owner of that parcel or any other parcel within the NAS South Weymouth redevelopment area.
(b) The betterments, assessments, special assessments, fees and other charges of general application authorized by this act may be increased in accordance with the procedures to be established by the authority for assuring that interested persons are afforded notice and an opportunity to present data, views and arguments. The initial schedule of assessments, special assessments, fees and other charges, may be adopted by the authority at any scheduled meeting of the board, provided that notice of the meeting, and the proposed schedule, is sent to each owner of a parcel within the NAS South Weymouth redevelopment area, by registered or certified mail at least 7 days prior to the meeting. Thereafter, the authority shall hold at least 1 public hearing on a revision to its schedule of betterments, assessments, special assessments, fees and other charges thereof prior to adoption by the authority, notice of which revisions shall be delivered to the towns and shall be published in a newspaper of general circulation in each of the towns at least 1 month in advance of the hearing. No later than the date of such publications, the authority shall make available to the public and deliver to the towns the proposed revisions to the schedule of special assessments, fees, betterments, assessments and other charges. The betterments, assessments, special assessments, fees and other charges established by the authority shall not be subject to supervision or regulation by any department, division, commission, board, bureau or agency of the commonwealth or its political subdivisions, including without limitation, the towns, except for the approval of the taxation plan and any amendments thereof requiring approval by the secretary and commissioner of revenue.
(c) The betterments, assessments, special assessments, fees and other charges established by the authority in accordance with this act shall be fixed and adjusted in respect of the aggregate thereof so as to provide revenues sufficient: (i) to pay the principal of, premium, if any, and interest on bonds, notes or other evidences of indebtedness issued by the authority under this act as the same become due and payable; (ii) to create and maintain such reasonable reserves as may be reasonably required by a trust agreement or resolution securing bonds or notes; (iii) to provide funds for paying the cost of necessary repairs, replacements and renewals of infrastructure improvements; and (iv) to pay or provide for an amount that the authority may be obligated to pay or provide for by law or contract, including a resolution or contract with or for the benefit of the holders of its bonds and notes, provided that the authority shall not be required to increase any mandatory betterments, assessments, special assessments, fees or other charges by virtue of any individual proprietor delinquencies. Nothing herein shall be deemed to impose a limitation on the authority’s ability to establish, set, or impose betterments, assessments, special assessments, fees or charges at levels sufficient to meet any covenant requirements that may be contained in any resolution or contract with or for the benefit of the holders of its bonds or notes, or otherwise providing security for the same.
(d) As an alternative to levying betterments, assessments, special assessments, fees and other charges under this act or the General Laws, the authority may levy special assessments on real estate within the NAS South Weymouth redevelopment area to finance the cost, administration and operation of the infrastructure improvements. In determining the basis for and amount of the special assessment, the cost, administration, maintenance and operation of the infrastructure improvements, including the cost of the repayment of the debt issued or to be issued by the authority to finance the improvements, may be calculated and levied using any of the following methods that result in fairly allocating the costs of the infrastructure improvements to the real estate in the NAS South Weymouth redevelopment area: (1) equally per length of frontage, or by lot, parcel or dwelling unit, or by the square footage of a lot, parcel or dwelling unit; (2) according to the value of the property; or (3) in any other reasonable manner that results in fairly allocating the cost, administration and operation of the infrastructure improvements, according to the benefit conferred or use received including, but not limited to, by classification of commercial or residential use or distance from the infrastructure improvements.
(e) The authority may also provide for the following: (1) a maximum amount to be assessed with respect to any parcel; (2) a tax year or other date after which no further special assessments under this section shall be levied or collected on a parcel; (3) annual collection of the levy without subsequent approval of the authority; (4) the circumstances under which the special assessment levied against a parcel may be increased, if at all, as a consequence of delinquency or default by the owner of that parcel or any other parcel within the NAS South Weymouth redevelopment area; and (5) procedures allowing for the prepayment of betterments, assessments, special assessments, fees and other charges under this act.
(f) Betterments, assessments, special assessments, fees and other charges levied under this act shall be collected and secured in the same manner as property taxes, betterments, assessments and fees owed to the towns unless otherwise provided by the authority and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for such property taxes, betterments and liens owed to the towns.
(g) The appellate tax board shall have jurisdiction within the NAS South Weymouth redevelopment area pursuant to chapter 58A of the General Laws to the same extent as its jurisdiction in cities and towns. The authority shall have exclusive responsibility for paying any reimbursement payments owed under section 69 of chapter 59 of the General Laws, or otherwise, as a result of the abatement, by such board or another body of competent jurisdiction, of any property tax assessments made by the authority prior to the complete transition of the assessing and taxing power to the towns pursuant to subsection (a) of section 19.
Section 19. (a) Notwithstanding any general or special law to the contrary, property taxes upon personal property, persons, residents and estates lying within the NAS South Weymouth redevelopment area, shall, commencing as of January 1, 2015, for the fiscal year commencing July 1, 2015, be imposed, levied and administered by each town for its respective portion of NAS South Weymouth, consistent with the General Laws that are applicable to municipalities. The towns shall collect upon the estates, real and personal, within NAS South Weymouth a property tax rate equal to the base rate plus the Southfield rate. In connection with the foregoing, the towns shall have all the powers and authority of cities and towns under chapters 40, 59, 60, 60A, 61B and section 3A of chapter 64G of the General Laws including, with respect to unpaid taxes due and owing as a result of prior assessments by the South Shore Tri-Town Development Corporation, the exclusive power to exercise enforcement and collection rights pursuant to said chapter 60 of the General Laws and other relevant law, and may accept a local option under a general or special law related to the assessment, exemption or enforcement of property taxes and excises that cities and towns may accept. A property tax bill issued by a town pursuant to this subsection prior to the town’s first opportunity to issue assessments pursuant to section 21 of said chapter 59 shall be based on the assessed value established by the town in its most recent assessment of the property in question or such other assessed value as may have been determined for such property through abatement proceedings. The board shall notify each town of the Southfield rate to be charged in the next following fiscal year no later than June 1 of each year, and of the amount of pledged revenue to be remitted to the authority in the next following fiscal year, as provided below. The Southfield rate shall not be set for any given fiscal year until at least 45 days after the board provides each executive with written notice of and an opportunity to comment on the proposed rate and the Authority operating budget on which it is based. During such 45-day period, the executives in Rockland and Abington, and the town council in Weymouth to which the rate-setting notice shall be referred by the mayor of Weymouth may convene a public hearing for the purpose of obtaining public comment on the proposed Southfield rate. No later than 30 days after collection of property taxes for each fiscal quarter, each town shall remit to the authority the Southfield revenue collected by such town in the preceding fiscal quarter. Each town shall also remit to the authority, pledged revenue within 30 days of billing from the authority. Nothing in this act shall be deemed to limit a town’s ability, in respect of any given fiscal year or other period, to remit property tax revenue in excess of Southfield revenue to the authority. Southfield revenue shall not be deemed to constitute any part of “total taxes assessed” by the towns for the purposes of administering section 21C of chapter 59 of the General Laws. Land and improvements located within each town’s respective portion of NAS South Weymouth shall, in the fiscal year commencing July 1, 2015, be deemed for all purposes to be additional new growth within that town within the meaning of paragraph (f) of section 21C of said chapter 59 and section 23D of said chapter 59.
(b) In consideration of the collection and retention of base revenue pursuant to subsection(a), each town shall be responsible for providing police and fire protection, emergency services, schools, maintenance of all public ways or ways maintained and used as public ways, public works, inspectional and other municipal services, including waste collection, to its respective portion of NAS South Weymouth except for portions owned or controlled by agencies of the United States government on the same basis and terms as it provides such services to other parts of the town and as required by applicable law. Notwithstanding the generality of the preceding sentence, no town shall be required to provide water or sewer services to any portion of NAS South Weymouth except pursuant to agreement with the authority or the master developer. For purposes of determining state education assistance, including without limitation the calculation of each town’s foundation enrollment under chapter 70 of the General Laws, each school-age child living within NAS South Weymouth shall be counted as a child enrolled in the town in which the child resides, and all expenses incurred by each respective town on behalf of such children’s education shall be included as expenses of the town incurring such costs in the determination of each respective town’s share of such assistance, including without limitation each town’s foundation budget under said chapter 70.
(c) The authority and the master developer, as the case may be, at its election, shall take all actions necessary to transfer to the applicable town control of all existing public ways, or ways maintained and used as public ways, located within NAS South Weymouth, together with associated infrastructure including public utilities and sewer and storm drain lines located within or adjacent to the rights of way of such ways, and each town shall, without regard to the requirements of chapter 82 of the General Laws or other general or special laws, accept the applicable portion of such way or ways as a public way in said town. The authority and the master developer, as the case may be, at its election, shall take all actions necessary to transfer to the applicable town control of, and each town shall accept as a public way, any new public way and associated infrastructure developed, constructed or acquired by the authority or the master developer, as the case may be, within NAS South Weymouth following the effective date of this act provided the board has approved the layout and construction of such way is consistent with the authority’s subdivision regulations, and provided further that the customary street acceptance procedures of the town in which the way is to be accepted as a public way are substantially satisfied and such town agrees that the way has been constructed in accordance with the authority’s subdivision regulations. Notwithstanding any general or special law to the contrary: (i) public ways or portions thereof located within NAS South Weymouth and for which a town accepts pursuant to this subsection shall be included in the apportionment for such town of state assistance to cities and towns under chapter 90 of the General Laws or under any other statute or program providing financial assistance to cities and towns of the commonwealth in connection with transportation matters; (ii) any other attributes of a town located within NAS South Weymouth including without limitation population and employment shall likewise be included for purposes of such apportionment; and (iii) improvement, maintenance, repair or other projects related to said public ways shall be eligible for such assistance.
(d) Any existing agreements or obligations owed between the towns or the authority or the prior master developer, or any combination of the foregoing parties, as applicable, related to the development within the NAS South Weymouth redevelopment area shall be rescinded and shall have no further force and effect as of January 1, 2020, unless affirmatively assumed by the authority or the master developer in writing, whether in a new agreement or an amendment or restatement of such existing agreements or obligation.
(e) Following the termination of the authority in accordance with section 33, each town shall have the authority to assess, impose, levy and collect property taxes on properties located within its respective portion of the NAS South Weymouth redevelopment area on the same basis as such town administers its property tax collection system elsewhere within the town.
(f) Taxes within NAS South Weymouth are currently levied and assessed consistent with the taxation plan dated October 13, 2014 that was approved by the secretary and the commissioner of revenue, which taxation plan may be revised from time to time. The taxation plan details the specific powers and duties of the authority and the towns; provide for the timely transfer of assessment and collection records from the authority to the towns; detail the oversight to be provided by the commissioner of revenue regarding the base rate and Southfield rate, including required reports and other information; and address such other pertinent matters as determined by the secretary and the commissioner of revenue.
Section 20. (a) The authority may provide by resolution of the board for the issuance of bonds and notes of the authority for the purposes of paying or refinancing all or any part of the cost of the project and its infrastructure improvements. Such cost shall include the cost of: (1) construction, reconstruction, renovation and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements and interests acquired or to be acquired by the authority, the towns, the commonwealth or any other political subdivision thereof, including the costs of any infrastructure and improvements to be transferred to the towns in accordance with subsection (c) of section 19; (2) all machinery and equipment including machinery and equipment needed to expand or enhance services from the towns, the commonwealth or a political subdivision thereof to the authority; (3) financing charges and interest prior to and during construction, and for a period not exceeding 1 year after completion of the construction, interest and reserves for principal and interest, including costs of municipal bond insurance and any other type of financial guaranty and costs of issuance; (4) extensions, enlargements, additions and enhancements to infrastructure improvements; (5) architectural, engineering, financial and legal services; (6) plans, specifications, studies, surveys and estimates of costs and of revenues; (7) administrative expenses necessary or incident to the construction, acquisition, financing, operation and maintenance of the project; and (8) other expenses as may be necessary or incident to the construction, acquisition, operation, maintenance and financing of the infrastructure improvements, including the cost of issuing bonds or notes. The authority may issue up to $175,000,000 of its bonds. The authority may issue bonds secured in whole or in part by betterments, assessments, special assessments, fees and other charges, notes, debentures, long term capital leases, grants and governmental assistance and long-term contracts; provided that, for so long as the 2020A bonds are outstanding, the authority may not secure any bonds or notes issued after the effective date of this section with a pledge or other commitment of ad valorem property taxes assessed by the authority or the towns pursuant to said section 19 with respect to any of the assessable property under the Trust Indenture. The principal of and interest on such bonds shall be payable solely from the funds which are identified by the authority and are permitted by this act to provide for such payment. The bonds of each issue shall be dated, shall bear interest at such rates, which may be variable or fixed, and shall mature at times not exceeding 35 years from their dates of initial issuance, as the authority may determine, and may be made redeemable before maturity, at the option of the authority, at such prices and under such terms and conditions as the authority may fix prior to the issuance of the bonds. The authority shall determine the form of the bonds and the manner of execution of the bonds, and shall fix the denominations of the bonds and the places of payment of principal and interest, which may be at a bank or trust company within or without the commonwealth and such other locations as designated by the authority. In the event an officer whose signature or a facsimile of whose signature shall appear on any bonds shall cease to be an officer before the delivery of the bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until the delivery. The bonds shall be issued in registered form. The authority may sell the bonds in a manner and for a price, either at public or private sale, as it may determine to be for the best interests of the authority.
(b) Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts or temporary notes, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The authority may also provide for the replacement of bonds that shall become mutilated or shall be destroyed or lost. The authority may issue, from time to time, notes of the authority in anticipation of federal, state or local grants for the cost of the project and acquiring, constructing or improving the infrastructure improvements. The notes shall be authorized, issued and sold in the same manner as provided in, and shall otherwise be subject to, this act. Such notes shall mature at such times as provided by the issuing resolution of the authority and may be renewed from time to time; provided, however, that all such notes and renewals thereof shall mature on or before 20 years from their date of issuance. Bonds and notes may be issued under this act subject only to those proceedings, conditions or things that are specifically required by this act.
(c) The authority may provide by resolution for issuance of refunding bonds of the authority for the purpose of refunding bonds then outstanding at maturity or upon acceleration or redemption. Refunding bonds may be issued at such times prior to the maturity or redemption of the refunded bonds as the authority deems to be in the public interest. Refunding bonds may be issued in sufficient amounts to pay or provide for the principal of the bonds being refunded under this act, and the payment of a redemption premium thereon and interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the authority, for the additional purpose of paying any cost of the project, including the acquisition, constructing or reconstructing of the infrastructure improvements. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by this act insofar as the same may be applicable.
(d) While bonds issued by the authority remain outstanding, the powers, duties or existence of the authority shall not be diminished or impaired in any way that will adversely affect the interests and rights of the holders of such bonds.
(e) The board may by resolution delegate to a person, other than a majority of the board, the power to determine any of the matters set forth in this section.
(f) Bonds and notes issued under this section, unless otherwise authorized by law, shall not be deemed to constitute a debt of the commonwealth or of the towns, or a pledge of the faith and credit of the commonwealth or of the towns, but such bonds shall be payable solely from the funds of the authority or as otherwise provided in this act. Unless the towns or the commonwealth subsequently agree to pay the bonds or notes of the authority, such bonds and notes shall contain on their faces a statement to the effect that neither the commonwealth nor the towns shall be obliged to pay the same or the interest thereon and that neither the faith and credit nor taxing power of the commonwealth or the towns is pledged to the payment of the principal of or the interest on such bonds or notes. Without limiting the generality of the foregoing, nothing in this act shall be construed as imposing on any town any obligation with respect to the repayment of the series 2020A bonds and any debt issued by the authority pursuant to this act.
(g) All bonds or notes issued under this act shall have all the qualities and incidents of negotiable instruments as defined in section 3-104 of chapter 106 of the General Laws.
(h) Prior to the issuance of bonds with a maturity date later than the date the authority is required to be terminated pursuant to section 33, the mayor of the town of Weymouth and boards of selectmen of the towns of Abington and Rockland, in consultation with the authority, shall enter into an intermunicipal debt service agreement acceptable to the authority, which shall provide for the continued payment of principal and interest on such bonds and the maintenance of all required reserves and any other obligations as may be set forth in the applicable bond instruments from betterments, assessments, special assessments, fees, other charges and other revenues generated in the NAS South Weymouth redevelopment area and the authority and the towns may enter into and perform their respective obligations under such debt service agreement; provided, however, that such agreement shall not extend the duration of the authority past the date on which it is to be terminated pursuant to section 33.
Section 21. (a) In the discretion of the authority, bonds, refunding bonds or notes may be secured by a trust agreement by and between the authority and a corporate trustee, which may be a trust company or bank having the powers of a trust company within or without the commonwealth. Such trust agreement may pledge or assign the revenues to be received, but shall not convey or mortgage the project or a part thereof.
(b) Either the resolution providing for the issuance of bonds or notes or the trust agreement may contain provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof, which may include the acceleration of maturities and covenants setting forth the duties of, and limitations on, the authority in relation to the acquisition, maintenance, operation, insurance and disposition of property, custody, safeguarding, investment, application of moneys, use of any surplus bond or note proceeds and establishment of reserves. Such resolution or trust agreement may contain, but shall not be limited to, covenants by the authority in relation to the following: (i) the establishment, revision and collection of such betterments, assessments, special assessments, fees and other charges for services or facilities furnished or supplied by the authority as shall provide revenues which together with other revenues of the project, if any, are sufficient to pay: (1) the cost of maintaining, repairing and operating the project and of making renewals and replacements in connection therewith, (2) the principal of and the interest on the bonds or notes, as the same shall become due and payable, (3) payments in lieu of taxes, betterments, assessments, special assessments, fees and other charges and (4) reserves for all such purposes; (ii) the purposes for which the proceeds of the sale of the bonds or notes shall be applied and the use and disposition thereof; (iii) the use and disposition of the gross revenues of the authority from the project, additions thereto and extension and the infrastructure improvements thereof, including the creation and maintenance of funds for working capital and for renewals and replacements to the project; (iv) the amount, if any, of additional bonds or notes payable from the revenues of the project and the limitations, terms and conditions on which such additional bonds or notes may be issued; and (v) the operation, maintenance, management, accounting and auditing of the project and of the income and revenues of the authority.
(c) It shall be lawful for a bank or trust company within or without the commonwealth to act as depository of the proceeds of bonds or revenues and to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Such trust agreement may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds and debentures of authorities. Such trust agreement may contain other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement may be treated as a part of the cost of the operation of the project. The pledge by any such trust agreement or resolution shall be valid and binding from the time when the pledge is made. The revenues or other moneys so pledged and then held or thereafter received by the authority shall immediately be subject to the lien of such pledge without a physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. The financing document by which any pledge is created by the authority shall not be required to be filed or recorded to perfect such pledge except in the official records of the authority and no uniform commercial code filing shall be required to be made. A pledge or assignment made by the authority is an exercise of its political and governmental powers, and revenues, funds, assets, property and contract or other rights to receive the same and the proceeds thereof which are subject to the lien of a pledge or assignment created under this act shall not be applied to purposes not permitted by the pledge or assignment.
(d) In addition to other security provided herein or otherwise by law, bonds, notes or obligations issued by the authority under this act may be secured, in whole or in part, by a letter of credit, line of credit, bond insurance policy, liquidity facility or other credit facility for the purpose of providing funds for payments in respect of bonds, notes or other obligations required by the holder thereof to be redeemed or repurchased prior to maturity or for providing additional security for such bonds, notes or other obligations. In connection therewith, the authority may enter into reimbursement agreements, remarketing agreements, standby bond purchase agreements and any other necessary or appropriate agreements. The authority may pledge or assign the authority’s revenues as security for the reimbursement by the authority to the providers of such letters of credit, lines of credit, bond insurance policies, liquidity facilities or other credit facilities of any payments made under the letters of credit, lines of credit, bond insurance policies, liquidity facilities or other credit facilities.
(e) In connection with, or incidental to, the issuance of bonds, notes or other obligations, the authority may enter into such contracts as it may determine to be necessary or appropriate to place the bonds, notes or other obligations of the authority, as represented by the bonds or notes, or other obligations in whole or in part, on such interest rate or cash flow basis as the authority may determine, including without limitation, interest rate swap agreements, insurance agreements, forward payment conversion agreements, futures contracts, contracts providing for payments based on levels of, or changes in, interest rates or market indices, contracts to manage interest rate risk, including without limitation, interest rate floors or caps, options, puts, calls and similar arrangements. Such contracts shall contain such payment, security, default, remedy and other terms and conditions as the authority may deem appropriate and shall be entered into with such parties as the authority may select, after giving due consideration, where applicable, for the creditworthiness of the counter parties, including a rating by a nationally-recognized rating agency, the impact on a rating on outstanding bonds, notes or other obligations or other criteria the authority may deem appropriate.
(f) The authority shall have the power to purchase its bonds or notes out of any funds available therefor. The authority may hold, pledge, cancel or resell such bonds or notes, subject to and in accordance with agreements with bondholders.
(g) Any moneys received by the authority, whether as proceeds from the issuance of bonds or notes, or as revenue or otherwise, may be designated by the board as trust funds to be held and applied solely as provided in this act.
Section 22. Bonds, refunding bonds and notes issued under this act shall be securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies, trust companies and their commercial departments and within the limits set forth in chapter 172 of the General Laws, banking associations, investment companies, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereinafter be authorized to invest in bonds or other obligations of a similar nature may properly and legally invest funds, including capital in their control or belonging to them; and such bonds are shall be obligations that may properly and legally be made eligible for the investment of savings deposits and the income thereof in the manner provided in chapter 168 of the General Laws. Such bonds shall be securities that may properly and legally be deposited with and received by a state or municipal officer or an agency or political subdivision of the commonwealth for a purpose for which the deposit of bonds or other obligations of the commonwealth is now or may hereafter be authorized by law.
Section 23. A holder of bonds or notes issued under this act and a trustee under a trust, except to the extent the rights herein given may be restricted by the trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce all rights under the laws of the commonwealth or granted hereunder or under the trust agreement, and may enforce and compel the performance of all duties required by this act or by the trust agreement, to be performed by the authority or by an officer thereof.
Section 24. The towns and the commonwealth are pledged to agree with the holders of the bonds or notes that neither the towns nor the commonwealth shall limit or alter or cause to limit or alter the rights hereby vested in the authority to acquire or maintain the project or infrastructure improvements, to establish and collect betterments, assessments, special assessments, fees and other charges and to fulfill the terms of any agreements made with the holders of the bonds or notes nor impair the rights and remedies of the bondholders or noteholders, until the bonds or notes, together with interest thereon, with interest on any unpaid installments of interest and all costs and expenses in connection with an action or proceeding by or on behalf of the bondholders or noteholders, are fully met and discharged.
Section 25. (a) The creation of the authority and the carrying out of its corporate purposes shall be for the benefit of the people of the commonwealth and shall be a public purpose, and the authority shall be regarded as performing a governmental function in the exercise of the powers conferred upon it by this act and shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control or supervision or upon its activities.
(b) Any bonds issued under this act, including an exchange, sale or transfer of such bonds, and any income derived therefrom, and the property of the agency shall at all times be free from taxation by the commonwealth or any political subdivision or entity thereof to the extent permitted by federal law.
(c) Bonds or notes issued under this act shall be subject to the same reporting and oversight requirements that apply to a municipality under the General Laws.
Section 26. The authority shall be liable in contract and in tort in the same manner as a municipal authority. The directors, officers, employees and agents of the authority, including members of the advisory board established pursuant to section 10, shall not be liable as such on their contracts or for torts not committed or directly authorized by them. The property or funds of the authority shall not be subject to attachment or to levy and sale on execution, but if the authority refuses to pay a judgment entered against it in a court of competent jurisdiction, the superior court, sitting within and for Norfolk county or Plymouth county, may direct the treasurer of the authority to pay such judgment. The real estate owned by the authority shall not be subject to liens under chapter 254 of the General Laws, but sections 28 and 29 of chapter 149 of the General Laws shall be applicable to any construction work by the authority.
Section 27. Notwithstanding any general or special law to the contrary, the authority shall be deemed to be a public employer for purposes of chapter 258 of the General Laws.
Section 28. (a) The authority may, if appropriate, make application to the United States Department of Housing and Urban Development or, as necessary, any other federal agency, to designate all or a portion of the NAS South Weymouth redevelopment area as an enterprise zone, pursuant to 42 U.S.C. § 11501 et seq., as amended, or an existing or successor statute for the purpose of creating jobs and encouraging development in the NAS South Weymouth redevelopment area.
(b) The NAS South Weymouth redevelopment area and the towns of Abington, Rockland and Weymouth are hereby designated economic target areas as defined in section 3G of chapter 23A of the General Laws. Pursuant to such designation, certain development projects within the NAS South Weymouth redevelopment area and the entirety of the towns of Abington, Rockland and Weymouth shall be eligible for tax deductions, credits and abatements and other economic incentives as provided for in sections 3D to 3G of said chapter 23A. The authority shall render such certifications as are required by law for the project within the NAS South Weymouth redevelopment area, including the designation of economic opportunity areas, and each town shall render such certifications within portions of the towns not included in the NAS South Weymouth redevelopment area. The designation of the NAS South Weymouth redevelopment area and the towns of Abington, Rockland and Weymouth as economic target areas shall be in addition to any other economic target areas that may be established pursuant to said section 3G of said chapter 23A. Further, notwithstanding any other general or special law, (i) the authority and (ii) any projects undertaken by any party within the NAS South Weymouth redevelopment area shall be eligible for any and all other financial and other assistance authorized by any general or special law intended to attract new growth, enhance infrastructure investment or incentives, or provide other economic development benefit to priority areas of the commonwealth, without the need for any specific designation of or approval of any portion of the NAS South Weymouth redevelopment area as an area suitable for, or having priority with regard to, economic development, or similar designations, however named or styled, under any current or future general or special law.
Section 29. The authority shall be subject to all laws applicable to municipal redevelopment authorities created under section 4 of chapter 121B of the General Laws. In no event shall the authority be considered an “agency” for the purposes of the Massachusetts Environmental Policy Act Regulations, including as such term is defined in 301 CMR 11.02.
Section 30. The authority or its agents may enter into project labor agreements covering construction performed by it consistent with its powers under this act.
Section 31. The authority shall keep an accurate account of its activities including its receipts and expenditures. The authority shall prepare annual reports of its activities in the NAS South Weymouth redevelopment area during the preceding fiscal year and submit such reports to the governor, secretary, general court, advisory board, mayor of the town of Weymouth, the town manager of the town of Abington, the town administrator of the town of Rockland, the town council of the town of Weymouth, the boards of selectmen of the towns of Abington and Rockland and the town clerk of each of those towns. Each report shall set forth a complete operating and financial statement covering the authority’s operations in the NAS South Weymouth redevelopment area during the previous year. The authority shall cause an audit of its books and accounts relating to the NAS South Weymouth redevelopment area to be made at least once in each fiscal year by certified public accountants. The audit shall be filed with the state auditor annually not later than 180 days after the end of the authority’s fiscal year and shall be in a form prescribed by the state auditor. The state auditor may audit the authority's books and accounts in accordance with section 12 of chapter 11 of the General Laws. The state auditor may investigate the budget, finances, transactions and relationships of the authority at any time and may examine the authority's records and prescribe methods of accounting and the rendering of periodic reports. The audits of the authority shall be public records; provided, however, that the mayor of the town of Weymouth, the town manager of the town of Abington, or the town administrator of the town of Rockland may each conduct annual audits at the expense of the respective towns.
Section 32. Chapter 40B of the General Laws shall not apply to the provision of affordable housing within the NAS South Weymouth redevelopment area. Such affordable housing within the NAS South Weymouth redevelopment area shall be governed by clause (1) of subsection (b) of section 14 and the zoning by-laws. None of the land located within the NAS South Weymouth redevelopment area, nor any of the housing which may be constructed thereon from time to time, shall be included in any calculation applicable to said chapter 40B with respect to any of the towns. This section shall continue in full force and effect following the dissolution of the authority pursuant to section 33.
Section 33. (a) The authority shall be dissolved upon: (i) the bond termination date; and (ii) the approval of the dissolution and administration agreement by the towns as described in subsection (b). Within 30 days after: (i) the bond termination date; and (ii) such approval of the dissolution and administration agreement, the board shall file a certificate acknowledging such dissolution with the state secretary. The dissolution of the authority shall take effect upon the filing of such certificate, subject to the applicable provisions of section 51 of chapter 155 of the General Laws. In connection with the application of said section 51 of said chapter 55, any real property owned by the authority at the time of dissolution shall be deemed to be distributed automatically to and become the property of the town in which it is located, consistent with the dissolution and administration agreement, and the personal property of the authority shall be equitably allocated to the towns according to the terms of the dissolution and administration agreement; provided, however, that the authority shall not issue any bonds after the date that is 1 year following the completion of the redevelopment of the NAS South Weymouth redevelopment area.
(b) At least 24 months prior to the bond termination date, the board shall prepare and distribute to the towns a dissolution and administration agreement. The dissolution and administration agreement shall provide, but shall not be limited to, the following: (i) provisions for the disposition of all real and personal property within the NAS South Weymouth redevelopment area which the authority owns or has an interest in on the bond termination date; (ii) provisions for the assumption of all contractual obligations, including all lease agreements of the authority, which do not expire on the bond termination date; (iii) provisions for the transfer and assumption by the towns of the authority's zoning administration, licensing and permitting authorities; and (iv) provisions for the resolution of any other matters relating to the authority which may affect the interests of the towns. Within 120 days after receipt of the dissolution and administration agreement, the mayor of the town of Weymouth shall convene a meeting of the town council of the town of Weymouth and the boards of selectmen of the towns of Abington and Rockland shall convene a town meeting of their respective towns for the purpose of adopting by majority vote of the town council and each town meeting the dissolution and administration agreement. Each town shall vote to adopt or disapprove the agreement as submitted. No amendments to the agreement shall be made by the towns. Each town shall, within 30 days after adoption or rejection of the agreement at a town council meeting or a town meeting, as the case may be, provide the authority with a written notification stating whether the town council or town meeting adopted or rejected the agreement. Any town that has rejected the agreement shall have 1 year from the date of such disapproval to reconsider its decision and rescind its rejection and adopt the dissolution and administration agreement. Once a town adopts the agreement, it shall not thereafter vote to disapprove or reject it. If all 3 towns have not adopted the agreement at least 1 year prior to the bond termination date, the authority shall remain in existence and carry out its functions consistent with this act. If the towns fail to adopt the agreement, the general court may, at any time after the bond termination date, terminate the authority’s existence, provide for the distribution of its assets and determine other provisions as required for the dissolution and administration agreement.
Section 34. (a) Notwithstanding any provision of this act to the contrary, the authority shall perform its obligations under the Parkway Financing MOA, including without limitation, reimbursement to the commonwealth of any “deficiency payment,” as defined in the Parkway Financing MOA, which obligation of the authority shall constitute a general obligation of the authority for which the full faith and credit of the authority shall be pledged for the benefit of the commonwealth. The betterments, assessments, special assessments, fees and other charges established by the authority in accordance with this act shall be fixed and adjusted so as to provide revenues at least sufficient to pay, in addition to all other amounts set forth in section 18, any amounts that the authority may be obligated to pay or provide for, pursuant to the Parkway Financing MOA or the financing agreement referenced therein. The corporation may collect the data described in sections 3 and 4 of the Parkway Financing MOA for the purposes described therein.
(b) The secretary may enter into amendments to the Parkway Financing MOA to allow for deficiency payments to be deferred or otherwise addressed if the secretary determines that such treatment is fiscally responsible and serves the public interest.
(c) Additional financing by the commonwealth of “Parkway-Phase 2” and the “East Side Connectivity Improvements” shall be subject to the commonwealth’s capital plan and its statutory debt limit.
Section 35. The authority shall not offer new bonds, including the refunding or refinancing of any outstanding indebtedness, after December 31, 2045 without first obtaining a two-thirds majority vote from the town council of the town of Weymouth, and the select boards of the towns of Abington and Rockland.
Section 36. The authority and SSTDC shall be considered a state authority for the purposes of section 29K of chapter 29 of the General Laws and shall be considered a state entity for the purposes of section 97 of chapter 6 of the General Laws.
SECTION 47. Section 45 of chapter 139 of the acts of 2001 is hereby amended by striking out the words “December 15, 2025”, inserted by section 17 of chapter 26 of the acts of 2023, and inserting in place thereof the following words:- December 15, 2027.
SECTION 48. Section 20 of chapter 449 of the acts of 2006 is hereby amended by striking out the words “December 15, 2025”, inserted by section 18 of said chapter 26, and inserting in place thereof the following words:- December 15, 2027.
SECTION 49. Section 92 of chapter 194 of the acts of 2011 is hereby amended by striking out the words “December 15, 2025”, inserted by section 19 of said chapter 26, and inserting in place thereof the following words:- December 15, 2027.
SECTION 50. Section 112 of said chapter 194 is hereby amended by striking out the words “December 15, 2025”, inserted by section 20 of said chapter 26, and inserting in place thereof the following words:- December 15, 2027.
SECTION 51. Section 74 of chapter 10 of the acts of 2015 is hereby amended by striking out the words “December 15, 2025”, inserted by section 21 of said chapter 26, and inserting in place thereof the following words:- December 15, 2027.
SECTION 52. Chapter 4 of the acts of 2021 is hereby amended by striking out section 9 and inserting in place thereof the following section:-
Section 9. Notwithstanding any general or special law to the contrary, the bonds that the state treasurer may issue pursuant to section 34 of chapter 383 of the acts of 2020 shall be issued for a term not to exceed 30 years. All such bonds shall be payable not later than June 30, 2065, as recommended by the governor in a message to the general court dated August 14, 2025 under section 3 of Article LXII of the Amendments to the Constitution.
SECTION 53. Section 74 of chapter 2 of the acts of 2023 is hereby amended by striking out the words “December 31, 2024”, each time they appear, and inserting in place thereof, in each instance, the following words:- December 31, 2026.
SECTION 54. Section 23 of chapter 26 of the acts of 2023 is hereby repealed.
SECTION 54A. Item 2000-0100 of section 2 of chapter 28 of the acts of 2023 is hereby amended by striking out the words “June 30, 2025”, as appearing in section 61 of chapter 248 of the acts of 2024, and inserting in place thereof the following words:- June 30, 2026.
SECTION 55. Item 7008-1116 of said section 2 of said chapter 28 is hereby amended by striking out the figure “2025”, as appearing in section 89 of said chapter 248, and inserting in place thereof the following figure:- 2026.
SECTION 55A. Item 1599-0514 of section 2A of chapter 77 of the acts of 2023 is hereby amended by inserting after the words “fiscal year 2025” the following words:- and in all subsequent fiscal years thereafter; provided, that the executive office for administration and finance, in consultation with the executive office of housing and livable communities, shall provide a report to the house and senate detailing all fiscal year 2026 spending on the emergency housing assistance program since July 1, 2025 which has not been previously disclosed in the offices’ bi-weekly emergency assistance reports.
SECTION 55B. Item 0640-0300 of section 2 of chapter 140 of the acts of 2024 is hereby amended by inserting after the word “donations” the following words:- and such funds shall be made available until June 30, 2026.
SECTION 56. Item 1599-0026 of said section 2 of said chapter 140, as amended by section 99 of chapter 9 of the acts of 2025, is hereby further amended by inserting after the words “Fido, Inc.” the following words:- and such funds shall be made available until June 30, 2026.
SECTION 56A. Said item 1599-0026 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the words “development costs” the following words:- and such funds shall be made available until June 30, 2026.
SECTION 56B. Said item 1599-0026 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the word “Middleton” the following words:- and such funds shall be made available until June 30, 2026.
SECTION 56C. Said item 1599-0026 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the word “Act” the following words:- and such funds shall be made available until June 30, 2026.
SECTION 57. Item 3000-4060 of said section 2 of said chapter 140 is hereby amended by adding the following words:-
General Fund…83.94%
High-Quality Early Education & Care Affordability Fund…16.06%
SECTION 57A. Item 4512-0205 of said section 2 of said chapter 140 is hereby amended by inserting after the words “Healthy Lynnfield” the following words:- and such funds shall be made available until June 30, 2026.
SECTION 57B. Item 7002-0010 of said section 2 of said chapter 140 is hereby amended by inserting after the words “inclusive community” the following words:- and such funds shall be made available until June 30, 2026.
SECTION 57C. Item 7004-0107 of said section 2 of said chapter 140 is hereby amended by inserting after the word “individuals”, the fourth time it appears, the following words:- and such funds shall be made available until June 30, 2026.
SECTION 58. Item 7008-0900 of said section 2 of said chapter 140, as amended by section 100 of chapter 9 of the acts of 2025, is hereby further amended by inserting after the word “organization”, the first time it appears, the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59. Said item 7008-0900 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the words “Business Association, Inc.” the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59A. Said item 7008-0900 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the word “programming”, the second time it appears, the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59B. Said item 7008-0900 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the word “Springfield”, the first time it appears, the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59C. Item 7008-1116 of said section 2 of said chapter 140, as amended by section 65 of chapter 14 of the acts of 2025, is hereby amended by inserting after the word “center”, the first time it appears, the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59D. Said item 7008-1116 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the word “veterans”, the second time it appears, the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59E. Said item 7008-1116 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the words “other equipment” the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59F. Said item 7008-1116 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the word “Middleton” the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59G. Said item 7008-1116 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the word “gazebo”, the first time it appears, the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59H. Said item 7008-1116 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the word “Southbridge”, the second time it appears, the following words:- , and such funds shall be made available until June 30, 2026.
SECTION 59I. Said item 7008-1116 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the word “Framingham”, the first time it appears, the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59J. Said item 7008-1116 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the word “Beverly”, the second time it appears, the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59K. Said item 7008-1116 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the words “city of Boston”, the second time they appear, the following words:- , and such funds shall be made available until June 30, 2026.
SECTION 59L. Said item 7008-1116 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the word “Act”, the first time it appears, the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59M. Item 7010-1192 of said section 2 of said chapter 140, as most recently amended by section 101 of chapter 9 of the acts of 2025, is hereby further amended by inserting after the words “New Bedford”, the first time they appear, the following words:- and such funds shall be made available until June 30, 2026.
SECTION 59N. Said item 7010-1192 of said section 2 of said chapter 140, as so amended, is hereby further amended by inserting after the word “programs”, the second time it appears, the following words:- and such funds shall be made available until June 30, 2026.
SECTION 60. Item 8100-0102 of said section 2 of said chapter 140 is hereby amended by striking out the figure “$49,000,000”, both times it appears, and inserting in place thereof, in each instance, the following figure:- $55,000,000.
SECTION 60A. Item 9110-9002 of said section 2 of said chapter 140 is hereby amended by striking out the words “for an electronic sign at the Council on Aging” and inserting in place thereof the following words:- for the Council on Aging.
SECTION 60B. Item 1596-2406 of section 2F of said chapter 140 is hereby amended by inserting after the word “Program” the following words:- and such funds shall be made available until June 30, 2026.
SECTION 61. Section 127 of said chapter 140 is hereby amended by striking out the words “managed care organization reinvestment” and inserting in place thereof the following words:- Medicaid managed care organization.
SECTION 62. Said section 127 of said chapter 140 is hereby further amended by striking out the words “total managed care organization services assessment” and inserting in place thereof the following words:- non-Medicaid managed care organization revenue.
SECTION 63. Section 198 of said chapter 140 is hereby amended by striking out the words “June 30, 2025” and inserting in place thereof the following words:- June 30, 2026.
SECTION 63A. Subsection (g) of section 205 of said chapter 140 is hereby amended by striking out the figure “2025” and inserting in place thereof the following figure:- 2026.
SECTION 63B. Subsection (c) of section 206 of said chapter 140 is hereby amended by striking out the words “October 1, 2025” and inserting in place thereof the following words:- June 1, 2026.
SECTION 64. Section 222 of said chapter 140 is hereby amended by striking out subsection (a).
SECTION 65. Item 1599-2625 of section 2A of chapter 1 of the acts of 2025 is hereby amended by inserting after the word “item”, the tenth time it appears, the following words:- ; and provided further, that the comptroller shall transfer $5,995,058 from this item to the Federal Grants Fund for the purposes of item 4000-0004 in the Massachusetts management, accounting and reporting system.
SECTION 66. Item 0321-1510 of section 2 of chapter 9 of the acts of 2025, as amended by section 81 of chapter 14 of the acts of 2025, is hereby further amended by striking out the figure “$2,000,000” and inserting in place thereof the following figure:- $3,000,000.
SECTION 67. Item 0910-0200 of said section 2 of said chapter 9, as amended by sections 82 and 83 of chapter 14 of the acts of 2025, is hereby further amended by inserting after the words “indigent defendants”, the second time it appears, the following words:- ; provided further, that not later than February 27, 2026, the inspector general shall conduct an investigation and submit a report to the house and senate clerks, the joint committee on public safety and homeland security and the house and senate committees on ways and means that shall include, but shall not be limited to: (i) a detailed accounting of expenditures made by the sheriffs’ offices in fiscal year 2025; (ii) an analysis of sheriffs’ offices’ compliance with chapter 29 of the General Laws in fiscal year 2025; (iii) a review of spending by sheriffs’ offices on activities not specifically required by statue, case law or court order and how such spending has changed over time; (iv) an analysis of compensation levels and changes over the preceding 3 fiscal years, including comparisons among sheriffs’ offices and to the department of correction; and (v) recommendations to ensure compliance with said chapter 29, if necessary, among sheriffs’ offices; provided further, that each sheriff’s office shall comply with all requests from the office of the inspector general for any information deemed necessary to conducting said investigation and submitting said report, including, but not limited to, requests for the production of records; provided further, that the sheriffs’ offices shall not receive supplemental funding beyond the funding appropriated in this act prior to the submission of said report; provided, however, that funds shall be made available to the sheriffs’ offices for: (1) section 87A of chapter 127 of the General Laws funded through the Communications Access Trust Fund established in section 2XXXXX of said chapter 29; and (2) facilities that treat men with alcohol or substance use disorder under sections 1 and 35 of chapter 123 of the General Laws.
SECTION 68. Said item 0910-0200 of said section 2 of said chapter 9, as so amended, is hereby further amended by striking out the figure “$6,256,039” and inserting in place thereof the following figure:- $6,756,039.
SECTION 69. Item 2300-0100 of said section 2 of said chapter 9 is hereby amended by inserting after the word “Chelmsford” the following words:- ; provided further, that not less than $87,373 shall be expended by the department’s office of biodiversity for efforts to increase biodiversity and to protect and prepare vulnerable maritime ecosystems from climate impacts and unlock their potential for carbon sequestration.
SECTION 70. Said item 2300-0100 of said section 2 of said chapter 9 is hereby further amended by striking out the figure “$2,547,475” and inserting in place thereof the following figure:- $2,634,848.
SECTION 70A. Item 7008-1116 of said section 2 of said chapter 9 is hereby amended by inserting after the word “analysis” the following words:- ; provided further, that not less than $23,500 shall be expended to The Coast Guard Heritage Museum in the town of Barnstable to fund the final payment of the Massachusetts State House Coast Guard Memorial Mural on the 2nd floor of the State House
SECTION 70B. Said item 7008-1116 of said section 2 of said chapter 9 is hereby further amended by striking the figure “$25,826,000” and inserting in place thereof the following figure:- $25,849,500
SECTION 71. Item 7506-0100 of said section 2 of said chapter 9 is hereby amended by inserting after the word “College” the following words:- ; provided, that not less than $75,000 shall be expended for a workforce development program called Skill Surge at Holyoke community college.
SECTION 71A. Section 88 of chapter 14 of the acts of 2025 is hereby amended by striking out the words “October 15”, both times they appear, and inserting in place thereof, in each instance, the following words:- December 31.
SECTION 71B. Section 97 of said chapter 14 is hereby amended by striking out the word “January” and inserting in place thereof the following word:- September.
SECTION 71C. Notwithstanding section 23 of chapter 59 of the General Laws, section 31 of chapter 44 of the General Laws or any other general or special law to the contrary, a city, town or district that was a member unit of the Hampshire County Group Insurance Trust in fiscal years 2026 or 2027 or before may amortize over fiscal years 2027 to 2032, inclusive, in equal installments or more rapidly, the amount of its unanticipated fiscal year 2026 or 2027 Hampshire County Group Insurance Trust health insurance-related deficit; provided, that the member unit shall certify in writing to the division of local services of the department of revenue prior to June 30, 2027 that the member unit has withdrawn from the Trust. The commissioner of revenue shall issue guidelines or instructions: (i) as to the amount that constitutes unanticipated fiscal year 2026 or 2027 health insurance-related deficit under this section; and (ii) for reporting the amortization of deficits authorized by this section. The local appropriating authority, as defined in section 21C of said chapter 59, shall adopt a deficit amortization schedule in accordance with the department of revenue’s guidelines or instructions before setting the municipality’s fiscal year 2027 tax rate.
SECTION 72. Notwithstanding section 16B of chapter 62C of the General laws, no penalty shall be imposed for an underpayment of tax due on or after January 1, 2024 pursuant to said section 16B of said chapter 62C if the penalty would cause undue financial hardship, as determined by the commissioner of revenue. The commissioner shall publish guidance related to undue financial hardship not later than 30 days after the effective date of this act.
SECTION 73. Notwithstanding section 68 of chapter 118E of the General Laws or any other general or special law to the contrary, the secretary of health and human services shall implement the health care-related assessment on managed care organization services, established under said section 68 of said chapter 118E, as a broad-based and uniform assessment, in accordance with 42 CFR 433.68(b), with the managed care organization services assessment rate, as such term is defined in section 64 of said chapter 118E, implemented as the single broad-based and uniform rate applicable to all managed care organization services subject to assessment, as such term is defined in said section 64 of said chapter 118E. Upon converting the health care related assessment on managed care organization services to a broad-based and uniform assessment applicable to all managed care services subject to assessment, as such term is defined in said section 64 of said chapter 118E, the initial managed care organization services assessment rate shall be equal to the rate that had been applicable to the tax group containing commercial managed care services immediately preceding the implementation of the broad-based and uniform application of the assessment. The managed care organization services assessment rate for each calendar year, beginning the first January 1 following the conversion of the health care related assessment on managed care organization services to a broad-based and uniform assessment, shall be broad-based and uniform across all managed care services subject to assessment and shall continue to be implemented in a manner consistent with 42 CFR 433.68.
SECTION 74. Notwithstanding section 2 of chapter 128A of the General Laws, sections 1, 2, 2A, 4 and 9 of chapter 128C of the General Laws or any other general or special law to the contrary, the running race horse meeting licensee located in Suffolk county licensed to conduct live racing pursuant to said chapter 128A and simulcast wagering pursuant to said chapter 128C in calendar year 2025 shall remain licensed as a running horse racing meeting licensee and shall remain authorized to conduct simulcast wagering pursuant to said chapter 128C until December 15, 2027; provided, however, that the days between January 1, 2025 and December 31, 2027 shall be dark days pursuant to said chapter 128C and the licensee shall be precluded from conducting live racing during that period unless it applies for and is granted a supplemental live racing license pursuant to said chapter 128A; provided further, that the licensee shall not simulcast or accept a wager on greyhound dog racing on or after August 10, 2023 pursuant to section 9 of said chapter 128C; provided further, that all simulcasts shall comply with the Interstate Horse Racing Act of 1978, 15 U.S.C. 3001 et seq. or other applicable federal law; provided further, that all simulcasts from states that have racing associations that do not require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C. 3004(a)(1)(A) shall require the approval of the New England Horsemen’s Benevolent & Protective Association prior to being simulcast to a racing meeting licensee within the commonwealth; and provided further, that if the association agrees to approve the simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.
SECTION 75. Notwithstanding any general or special law to the contrary, section 18 of chapter 28 of the acts of 2023 shall not be in effect for the purposes of establishing the annual spending threshold set pursuant to subsection (f) of section 2BBBBBB of chapter 29 of the General Laws for the fiscal year ending June 30, 2027.
SECTION 76. Notwithstanding any general or special law to the contrary, to the extent that immunization recommendations and requirements established in the commonwealth are conditioned upon alignment with the recommendations made by the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention, the commissioner of public health shall review said recommendations and requirements established in the commonwealth and shall, in consultation with the vaccine program advisory council established in section 24N of chapter 111 of the General Laws, establish alternative standards as the commissioner may deem necessary to assure the maintenance of public health and the prevention of disease in the commonwealth.
SECTION 77. Notwithstanding any other general or special law to the contrary, employees of the economic development and industrial corporation of Boston who became employed by the city of Boston on or after June 29, 2024 with no break in service between the corporation and the city shall have a 1-time opportunity to purchase as creditable service in the Boston retirement system prior service to such organization rendered before the member joined the system; provided, that prior to the date any retirement allowance becomes effective, the member shall pay into the annuity savings fund of the system in 1 sum, or in installments, upon such terms and conditions as the system may prescribe, make-up payments of an amount equal to that which would have been withheld as regular deductions from the member’s regular compensation had the member been eligible for membership and been a member of the system during such previous period, together with buyback interest. Former employees of the economic development and industrial corporation shall be members in service of the system when they apply for the purchase of service credit and may request an estimate of the cost of their service purchase from the system prior to becoming an employee of the city of Boston.
SECTION 78. Notwithstanding any general or special law to the contrary, at the direction of the secretary of administration and finance, the comptroller shall make tax revenue collected from capital gains income above the threshold established in section 5G of chapter 29 of the General Laws in fiscal year 2025 available to the General Fund in the amount necessary to eliminate any deficits in the budgetary funds pursuant to section 5C of said chapter 29. After satisfying the previous provision, the comptroller shall transfer any remaining excess capital gains income as follows: (i) 90 per cent to the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022; (ii) 5 per cent to the Commonwealth’s Pension Liability Fund established in paragraph (e) of subdivision (8) of section 22 of chapter 32 of the General Laws; and (iii) 5 per cent to the State Retiree Benefits Trust Fund established in section 24 of chapter 32A of the General Laws.
SECTION 79. Notwithstanding any general or special law to the contrary, in fiscal year 2025, the comptroller shall transfer $10,000,000 from the General Fund to the Massachusetts Life Sciences Center established in section 3 of chapter 23I of the General Laws for programming and operations that advance efforts related to life sciences and spur economic growth in the commonwealth.
SECTION 79A. Notwithstanding any general or special law to the contrary, the secretary of health and human services shall seek all required federal approvals the secretary deems necessary to implement sections 14A, 14B, 14C, 23A, 25A, 27A and 27C, including any required waivers under 42 CFR § 433.68 necessary to implement the hospital assessment described in section 67 of chapter 118E of the General Laws. If, after having received any required federal approval necessary to implement said sections 14A, 14B, 14C, 23A, 25A, 27A and 27C, such approval is withdrawn or is otherwise not in effect or if the secretary determines that a change in federal law or regulations or the administration of any such federal law or regulation requires a modification to the hospital assessment described in said section 67 of said chapter 118E or to the implementation of the Health Safety Net Trust Fund established in section 66 of said chapter 118E, the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of chapter 29 of the General Laws, the Safety Net Provider Trust Fund established in section 2AAAAA of said chapter 29, the Hospital Investment and Performance Trust Fund established in section 2TTTTT of said chapter 29 or the Population Health Investment Trust Fund established in section 2UUUUU of said chapter 29, the secretary shall provide written notification to the joint committee on health care financing and the house and senate committees on ways and means and shall collaborate with the Massachusetts Health and Hospital Association, Inc. to develop alternatives prior to implementation.
Not later than February 15, 2026, and annually thereafter, the secretary shall report to the joint committee on health care financing and the house and senate committees on ways and means: (i) the amount of the assessment made and collected from each hospital pursuant to said section 67 of said chapter 118E; and (ii) the amounts transferred to, deposited in, expended from and transferred from the Hospital Investment and Performance Trust Fund established in said section 2TTTTT of said chapter 29 and the Population Health Investment Trust Fund established in said section 2UUUUU of said chapter 29.
SECTION 79B. Notwithstanding any general or special law to the contrary, the comptroller, at the direction of the secretary of administration and finance, shall transfer in both fiscal year 2026 and 2027 not less than $50,000,000 each such fiscal year from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29 of the General Laws to the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws; provided, that such transfers shall be in addition to any other transfers from said Commonwealth Care Trust Fund to said Health Safety Net Trust Fund required in fiscal years 2026 or 2027; provided further, that such funds shall be used first to reduce the shortfall, as described in subsection (b) of section 69 of said chapter 118E, for health safety net fiscal years 2026 and 2027, and that any remaining funds may be used to reduce the shortfall in any other open health safety net fiscal year; and provided further, that the amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from said Health Safety Net Trust Fund through funds transferred pursuant to this section from said Commonwealth Care Trust Fund shall be credited to said Health Safety Net Trust Fund.
SECTION 80. The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:
(1) the agreement between the University of Massachusetts and the Clerical/Technical Unit (CTU), MTA, Unit L92, effective from July 1, 2024 through June 30, 2027;
(2) the agreement between the Barnstable County Sheriff's Office (BCSO) and the Barnstable County Captain Union, National Correctional Employees Union (NCEU), Unit L152, effective from July 1, 2024 through June 30, 2027,
(3) the agreement between the Berkshire County Sheriff's Office (BCSO) and the National Correctional Employees Union, Unit SB1, effective from July 1, 2024 through June 30, 2027,
(4) the agreement between the Barnstable County Sheriff's Office and the National Correctional Employees Union Local 150, Unit S10, effective from July 1, 2024 through June 30, 2027;
(5) the agreement between the Dukes County Sheriff's Office and the Massachusetts Correction Officers Federated Union (MCOFU), Unit SD1, effective from July 1, 2025 to June 30, 2028;
(6) the agreement between the University of Massachusetts and the Massachusetts Teachers Association/Department Chairs (DCU), Boston Campus, Unit B50, effective from July 1, 2024 through June 30, 2027; and
(7) the agreement between the Plymouth County Sheriff's Office and the New England Police Benevolent Association (NEPBA) Local 193, Unit SP5, effective from July 1, 2024 through June 30, 2027.
SECTION 81. Section 72 is hereby repealed.
SECTION 82. Sections 15, 24 to 27, inclusive, 61, 62 and 73 shall take effect on the later of: (i) the effective date of amendments to 42 CFR 433.68 disallowing the higher taxation of Medicaid taxable units as compared to non-Medicaid taxable units; or (ii) the end of any federally established or approved transition period applicable to the health care related assessment on managed care organization services, established under section 68 of chapter 118E of the General Laws, as amended by section 130 of chapter 140 of the acts of 2024. The executive office of health and human services shall notify the clerks of the house of representatives and the senate not later than 10 days after the effective date pursuant to this section.
SECTION 82A. Sections 14A, 14B, 14C, 23A, 25A, 27A, 27C and 79A shall take effect upon the date on which the secretary receives all federal approvals deemed necessary to implement said sections. The executive office of health and human services shall provide notice not later than 10 days after the effective date pursuant to this section.
SECTION 82B. Section 27B shall take effect on December 31, 2025.
SECTION 82C. Section 79B shall take effect on October 1, 2025.
SECTION 83. Section 81 shall take effect on March 1, 2026.
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