HOUSE . . . . . . . No. 4790
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, June 25, 2024.
The committee on Ways and Means, to whom was referred the message
from Her Excellency the Governor recommending legislation making
appropriations for the fiscal year 2024 to provide for supplementing certain
existing appropriations and for certain other activities and projects (House,
No. 4496), reports, in part, recommending that the accompanying bill ought
to pass (House, No. 4790) [Total Appropriation: $558,065,809.00].
For the committee,
AARON MICHLEWITZ.
 FILED ON: 6/25/2024
HOUSE . . . . . . . . . . . . . . . No. 4790
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act making appropriations for the fiscal year 2024 to provide for supplementing certain
existing appropriations and for certain other activities and projects.
Whereas, The deferred operation of this act would tend to defeat its purposes, which are
to make supplemental appropriations for fiscal year 2024 and to make certain changes in law,
each of which is immediately necessary to carry out those appropriations or to accomplish other
important public purposes, therefore it is hereby declared to be an emergency law, necessary for
the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. To provide for supplementing certain items in the general appropriation act
2 and other appropriation acts for fiscal year 2024, the sums set forth in section 2 are hereby
3 appropriated from the General Fund, the Transitional Escrow Fund established in section 16 of
4 chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, or the
5 federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General Laws
6 unless specifically designated otherwise in this act or in those appropriation acts, for the several
7 purposes and subject to the conditions specified in this act or in those appropriation acts, and
8 subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30,
9 2024. These sums shall be in addition to any amounts previously appropriated and made
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10 available for the purposes of those items. These sums shall be made available through the fiscal
11 year ending June 30, 2025.
12 SECTION 2.
13 SECRETARY OF THE COMMONWEALTH
14 0521-0000 Elections Division……………………………………………..$2,834,250
15 TREASURER AND RECEIVER-GENERAL
16 Alcoholic Beverages Control Commission
17 0610-0050 Alcoholic Beverages Control Commission ……………………. $232,499
18 OFFICE OF THE COMPTROLLER
19 1595-1068 Medical Assistance Trust Fund……………………………. $175,548,050
20 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
21 Department of Revenue
22 1233-2000 Tax Abatements for Veterans, Widows, Blind Persons, and the
23 Elderly………………………………………………………$5,570,381
24 Reserves
25 1599-0793 Critical Health and Human Services Workforce Reserve…..$61,077,257
26 1599-6073 VOCA Bridge……………………………………………… $20,000,000
27 1599-9817 ARPA HCBS Reserve……………………………………... $228,000,000
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28 Operational Services Division
29 1775-0700 Reprographic Services Retained Revenue…………………. $400,000
30 EXECUTIVE OFFICE OF EDUCATION
31 Department of Early Education and Care
32 3000-4060 Income-Eligible Child Care………………………………... $29,672,801
33 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
34 Department of Transitional Assistance
35 4400-1004 Healthy Incentives Program……………………………….. $5,100,000
36 Department of Public Health
37 4513-1002 Women, Infants and Children Nutrition Services…………..$2,130,571
38 EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
39 State Police
40 8100-0102 Troop F Retained Revenue………………………………… $7,000,000
41 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, an
42 alteration of purpose for current appropriations and to meet certain requirements of law, the sums
43 set forth in this section are hereby appropriated from the General Fund or the Transitional
44 Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4
45 of chapter 98 of the acts of 2022, unless specifically designated otherwise in this section, for the
46 several purposes and subject to the conditions specified in this section, and subject to the laws
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47 regulating the disbursement of public funds for the fiscal year ending June 30, 2024. Except as
48 otherwise stated, these sums shall be made available through the fiscal year ending June 30,
49 2025.
50 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
51 Office of Travel and Tourism
52 7008-1776 For the costs associated with celebrations of the United States’
53 semiquincentennial; provided, that funds shall be made available as grants to municipalities for
54 public safety, transportation and logistical costs associated with the celebration of the
55 anniversary; provided further, that not less than $250,000 shall be expended for First Night
56 Boston, Inc. in the city of Boston; provided further, that not less than $6,000,000 shall be
57 expended for capital improvements to the Edward A. LeLacheur Park at the University of
58 Massachusetts Lowell; and provided further, that not less than $250,000 shall be expended for
59 Sail Boston, Inc. for the Tall Ships 2026 celebrations………………………………..$26,500,000
60 SECTION 3. Chapter 6 of the General Laws is hereby amended by striking out section
61 39B, as appearing in the 2022 Official Edition, and inserting in place thereof the following
62 section:-
63 Section 39B. Each state agency shall furnish the state library 1 copy of its publications,
64 provided in the format in which it was created, such as print or electronic, not later than 5
65 working days after creation. The state library shall make copies available for public consultation
66 and for permanent historic preservation. Digitized publications shall be made available to the
67 Library of Congress and to each of the state’s regional public libraries through the state library’s
68 digital collections.
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69 SECTION 4. Chapter 7 of the General Laws is hereby amended by inserting after section
70 22O the following section:-
71 Section 22P. (a) Notwithstanding section 39M of chapter 30 or any general or special law
72 to the contrary, governmental bodies may procure electric vehicles and the installation of
73 charging stations for said electric vehicles, under this chapter. The electric vehicles and the
74 installation of charging stations may be procured separately or in 1 procurement. For the
75 purposes of this section, electric vehicles shall be considered supplies and charging stations and
76 their installation shall be considered services.
77 (b) A contract under this section shall only be awarded to a bidder: (i) possessing the
78 skill, ability and integrity necessary for the faithful performance of the work; (ii) who shall
79 certify that it is able to furnish labor that can work in harmony with all other elements of labor
80 employed or to be employed in the work; (iii) who shall certify that all employees to be
81 employed at the worksite will have successfully completed a course in construction safety and
82 health approved by the United States Occupational Safety and Health Administration that is at
83 least 10 hours in duration at the time the employee begins work and shall furnish documentation
84 of successful completion of said course with the first certified payroll report for each employee;
85 and (iv) who obtains within 10 days of the notification of contract award the security by bond
86 required under section 29 of chapter 149; provided, that for the purposes of this section, the term
87 “security by bond” shall mean the bond of a surety company qualified to do business under the
88 laws of the commonwealth and satisfactory to the awarding authority; and provided further, that
89 if there is more than 1 surety company, the surety companies shall be jointly and severally liable.
90 Section 26 to 27D, inclusive, of chapter 149 shall apply to any contract entered into under this
91 section.
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 92 SECTION 5. Section 1 of chapter 7C of the General Laws, as appearing in the 2022
93 Official Edition, is hereby amended by striking out the definition of “Capital Facility” and
94 inserting in place thereof the following definition:-
95 “Capital facility”, a public improvement such as a building or other structure; a utility,
96 fire protection, and other major system and facility; a power plant facility and appurtenances; a
97 heating, ventilating, air conditioning or other system; initial equipment and furnishings for a new
98 building or building added to or remodeled for some other use; a public parking facility; an
99 airport or port facility; a recreational improvement such as a facility or development in a park or
100 other recreational facility; or any other facility which, by statute or under standards as may be
101 prescribed from time to time by the commissioner of capital asset management and maintenance,
102 according to this section, may be defined as such; provided, however, that a highway
103 improvement such as a highway, bridge or tunnel or other structure or building integral to the
104 operation of the state highway system, a transportation improvement such as a mass
105 transportation or other public transit facility shall not be considered a capital facility as defined
106 herein; and provided further, that an improvement in information technology shall not be a
107 capital facility to the extent it does not result in the creation or expansion of tangible property.
108 SECTION 6. Section 6 of chapter 21J of the General Laws, as so appearing, is hereby
109 amended by striking out, in line 4, the words “state fire marshal” and inserting in place thereof
110 the following words:- commissioner of revenue.
111 SECTION 7. Section 2 of chapter 22D of the General Laws, as so appearing, is hereby
112 amended by striking out, in lines 6 to 9, inclusive, the words “; a division of underground storage
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113 tanks, including the Underground Storage Tank Petroleum Product Cleanup Fund Administrative
114 Review Board as established by chapter twenty-one J”.
115 SECTION 8. Section 14 of chapter 23N of the General Laws, as so appearing, is hereby
116 amended by striking out subsection (a) and inserting in place thereof the following subsection:-
117 (a) An excise is hereby imposed upon a sports wagering operator or a person or entity
118 that offers fantasy contests, as defined in section 11M½ of chapter 12, in the commonwealth at
119 the rate of: (i) 15 per cent of the sports wagering operator’s adjusted gross sports wagering
120 receipts from the operation of in-person sports wagering; (ii) 20 per cent of the sports wagering
121 operator’s adjusted gross sports wagering receipts from the operation of sports wagering through
122 mobile applications and other digital platforms approved by the commission; and (iii) 15 per cent
123 of the adjusted gross fantasy wagering receipts of the person or entity that offers such fantasy
124 contests. The accrual method of accounting shall be used for the purposes of calculating the
125 amount of the tax owed under this section. The excise shall be paid to the commission at the time
126 provided for filing the return pursuant to subsection (b).
127 SECTION 9. Said section 14 of said chapter 23N, as so appearing, is hereby further
128 amended by striking out subsection (c) and inserting in place thereof the following subsection:-
129 (c) The excise on adjusted gross sports wagering receipts and adjusted gross fantasy
130 wagering receipts imposed by this section shall be in lieu of all other state and local taxes and
131 fees imposed on the operation of, or the proceeds from operation of, sports wagering or fantasy
132 contests.
133 SECTION 10. Clause (ii) of the third sentence of subsection (x) of section 6 of chapter 62
134 of the General Laws, as appearing in section 21 of chapter 50 of the acts of 2023, is hereby
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135 further amended by inserting after the words “section 21 of the Code,” the following words:-
136 without regard to subsection (e)(5) of said section 21 of the Code.
137 SECTION 11. Subsection (a) of section 2A of chapter 65C of the General Laws, as
138 appearing in section 36 of said chapter 50, is hereby amended by striking out the words “tax shall
139 be reduced by an amount equal to the proportion of such allowable credit as the value of such
140 real or tangible personal property located outside of the commonwealth bears to the value of the
141 entire federal gross estate wherever situated, as determined under section 2011 of the Code, as in
142 effect on December 31, 2000” and inserting in place thereof the following words:- credit shall be
143 determined based on the value of the federal taxable estate after such estate is reduced by the
144 value of such real or tangible personal property located outside of the commonwealth.
145 SECTION 12. Chapter 159A ½ of the General Laws is hereby amended by striking out
146 section 12 and inserting in place thereof the following 2 sections:-
147 Section 12. (a) On the first day of each month, each transportation network company
148 shall submit to the division, in a format approved by the division, data related to each pre-
149 arranged ride provided in the month prior to the previous month and shall include for each pre-
150 arranged ride: (i) the latitude and longitude for the points of the origination and termination,
151 calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination,
152 calculated to the nearest minute; (iii) the total cost paid by the rider for the ride; (iv) the
153 universally-unique identifier associated with the transportation network driver; (v) the
154 transportation network driver’s city or town of residence as appearing on the driver’s license; (vi)
155 whether the rider requested a shared ride but was not successfully matched with another rider;
156 (vii) whether the rider requested accommodation for special needs; (viii) whether the ride was
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157 provided by a wheelchair accessible vehicle; (ix) whether there were any driver or rider-initiated
158 cancellations; (x) the total time that the transportation network driver spent on the way to pick up
159 the rider; (xi) the total time that the transportation network driver spent providing the pre-
160 arranged ride; (xii) the geographic position of the vehicle during the entire duration of the pre-
161 arranged ride, provided at intervals of not less than every 60 seconds of the pre-arranged ride;
162 (xiii) the total mileage driven by the transportation network driver while on the way to pick up
163 the rider; (xiv) the total mileage driven by the transportation network driver while providing the
164 pre-arranged ride; (xv) the transportation network vehicle license plate; (xvi) whether the
165 transportation network driver is a professional driver, as advertised by the transportation network
166 company; and (xvii) whether the pre-arranged ride was advertised by the transportation network
167 company as a luxury or premium ride, regardless of whether the transportation network vehicle
168 was registered as a livery vehicle; provided, however, that if the pre-arranged ride was advertised
169 by the transportation network company as a luxury or premium ride, the data shall include the
170 factors that were considered in that designation, including, but not limited to, vehicle make,
171 model, year and, if available, trim, whether the transportation network driver was a professional
172 driver, as advertised by the transportation network company and whether the ride was available
173 by an exclusive membership option.
174 (b) The division may obtain additional ride data from a transportation network company
175 for the purposes of congestion management, which may include, but shall not be limited to: (i)
176 the total number of transportation network drivers that utilized the transportation network
177 vehicle’s digital network within specified geographic areas and time periods as determined by
178 the division; and (ii) the total time spent and total miles driven by transportation network drivers
179 in such geographic areas or time periods as determined by the division while: (A) on the way to