Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. To provide for the maintenance of the several departments, boards, commissions and institutions, and sundry other services, and for certain permanent improvements, and to meet certain requirements of law, the sums set forth in sections two, two A, and two B, for the several purposes and subject to the conditions specified in said sections two, two A, two B, and three, are hereby appropriated from the General Fund unless specifically designated otherwise, subject to the provisions of law regulating the disbursement of public funds and the approval thereof, for the fiscal year ending June thirtieth, nineteen hundred and ninety-three, in this act referred to as the year nineteen hundred and ninety-three, or for such period as may be designated. No department, commission, agency or institution which is authorized by section two to retain and expend specified amounts of certain revenue for particular purposes may expend any amount of such retained revenue for the compensation of employees unless said section two specifically provides otherwise; and provided, that no such fund may be expended by any such department, commission, agency or institution prior to actual receipt of any such funds unless section two specifically provides otherwise.

SECTION 1A. In accordance with Articles LXIII and CVII of the Articles of Amendment to the constitution and section six D of chapter twenty-nine of the General Laws, it is hereby declared that the amounts of revenue set forth in this section by source for the respective funds of the commonwealth for the fiscal year ending June thirtieth, nineteen hundred and ninety-three are necessary and sufficient to provide the means to defray the appropriations and expenditures from such funds for such fiscal year as set forth and authorized in sections two, two A and two B. The comptroller is hereby authorized and directed to keep a distinct account of actual receipts from each such source by each such fund, to furnish the executive office of administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with the projected receipts set forth herein, and to include a full statement comparing such actual and projected receipts in the annual report for such fiscal year pursuant to section thirteen of chapter seven A of the General Laws; provided, such quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section. `ts `t+1 `tuc FY 1993 Revenue by Source and Budgetary Fund (In Millions)
`tcol(*)=6;c1=1,26,tu;c2=32,8,tur;c3=43,7,tur;c4=52,7,tur;c5=63,9,tur;c6=74,5,tur `tch `ts `tc1 *All * General* Highway*Local Aid*Other Source*Funds*Fund*Fund*Fund *Funds `tc1=1,78,tu;temp `tch;end `tc1 Alcoholic Beverages*61.0*61.0*** Commercial Banks*35.0*35.0*** Savings Institutions*43.0*43.0*** Cigarette*140.0*140.0*** Corporations*630.0*504.0**126.0* Deeds*34.0*34.0*** Estate/Inheritance*275.0*275.0*** Income*5,320.0*2,912.9**2,128.0*279.1 Insurance*284.0*284.0*** Motor Fuels*545.0*73.6*470.7**0.7 Utilities*59.0*59.0*** Room Occupancy*58.0*37.7***20.3 Sales & Use: Regular*1,540.0*924.0**616.0* Sales & Use: Meals*315.0*189.0**126.0* Sales & Use: Motor Vehicle*305.0*183.0**122.0* Misc. Dept.*2.0*2.0*** Racing*25.9*25.9*** Beano*4.8*4.8*** Raffles/Bazaar*1.4*1.4*** Division of Insurance*6.9*6.9*** `tc1=1,78,tu;temp `t+1 `tc1 Total Taxes*9,685.0*5,796.2*470.7*3,118.0*300.1 `t+1 Federal Reimbursements*2,654.2*2,648.6*3.0**2.6 Departmental Revenue*985.5*519.7*387.5*1.6*76.6 Retained/Restricted Revenue*556.3*210.0*5.1*329.0*12.1 Transfers*558.6*350.9*16.1*191.6*0.1 `tc1=1,78,tu;temp `t+1 `tc1 Total for Budget*14,439.6*9,525.5*882.4*3,640.2*391.5 `tcol;end `t+1

SECTION 1B. The comptroller is hereby authorized and directed to keep a distinct account of actual receipts of nontax revenues by each department, board, commission or institution, to furnish the executive office of administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with the projected receipts set forth herein, and to include a full statement comparing such actual and projected receipts in the annual report for such fiscal year pursuant to section thirteen of chapter seven A of the General Laws; provided, such quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section. `ts `t+1 `tuc Non-Tax Revenue Executive Office Summary
`tcol(*)=4;c1=1,31,tu;c2=35,13,tur;c3=51,11,tur;c4=65,13,tur `tch `tc1 *FY 1993 *FY 1993 *FY 1993 * Unrestricted* Restricted*Total Secretariat* Non-Tax*Non-Tax *Non-Tax `tc1=1,78,tu;temp `tch;end `tc1 Judiciary*72,226,767*2,981,627*75,208,394 District Attorneys*9,178**9,178 Executive*2,500**2,500 Secretary of State*26,126,224**26,126,224 Treasurer*501,721,367*335,000,000*836,721,367 State Auditor*27,357**27,357 Attorney General*5,800,379**5,800,379 State Ethics Commission*24,915**24,915 Inspector General*565**565 Administration and Finance*323,895,485*7,984,607*331,890,092 Environmental Affairs*80,735,850*10,376,425*91,112,275 Communities and Development*16,020,000*300,000*16,320,000 Health and Human Services*2,599,346,714*188,023,064*2,787,369,778 Transportation and Construction*25,682,391*28,349*25,710,740 Board of Library Commissioners*1,500**1,500 Education*65,627,955*184,000*65,811,955 Public Safety*394,675,795*10,642,634*405,318,429 Economic Affairs*391,650**391,650 Elder Affairs*4,044,000**4,044,000 Consumer Affairs*65,103,626*750,000*65,853,626 Labor*16,424,894**16,424,894 Legislature*483,618**483,618 `tc1=1,78,tu;temp `tc1 Total, Non-Tax*4,198,336,195*556,279,884*4,754,616,079 `tcol;end
`ts
`tcol(*)=4;c1=1,31,tu;c2=35,13,tur;c3=51,11,tur;c4=65,13,tur `tch `tc1 *FY1993 *FY1993 * * Unrestricted* Restricted*Total * Non-Tax*Non-Tax *Non-Tax `tc1=1,78,tu;temp `tch;end `tc1 Judiciary*** Supreme Judicial Court*19,154,863*8,330*19,163,196 Appeals Court*278,498*2,196*280,694 Trial Court*52,793,406*2,971,101*55,764,507 Total, Judiciary*72,226,767*2,981,627*75,208,394 `t+1 `tc1 District Attorneys*** District Attorneys*9,178**9,178 Total, District Attorneys*9,178**9,178 `t+1 `tc1 Executive*** Governor's Office*2,500**2,500 Total, Executive*2,500**2,500 `t+1 `tc1 Secretary of the Commonwealth*** Secretary's Office*26,126,224**26,126,224 Total, Secretary*26,126,224**26,126,224 `t+1 `tc1 Treasurer and Receiver General*** Office of the Treasurer*241,525,669*6,000,000*247,525,669 Lottery Commission*260,195,698*329,000,000*589,195,698 Total, Treasurer*501,721,367*335,000,000*836,721,367 `t+1 `tc1 State Auditor*** State Auditor's Office*27,357**27,357 Total, State Auditor*27,357**27,357 `t+1 `tc1 Attorney General*** Attorney General's Office*5,800,379**5,800,379 Total, Attorney General*5,800,379**5,800,379 `t+1 `tc1 State Ethics Commission*** Ethics Commission*24,915**24,915 Total, Ethics Commission*24,915**24,915 `tc1 Inspector General*** Inspector General*565**565 Total, Inspector General*565**565 `t+1 `tc1 Administration and Finance*** Div. Cap. Planning & Operations*605,446*3,529,436*4,134,882 Dept of Employment Admin.*3,697*600,000*603,397 Administration and Finance*136,529,806**136,529,806 Management Information Systems*600**600 Office of Employee Relations*450,000**450,000 Bureau of State Buildings*367,500**367,500 Department of Revenue*74,438,653**74,438,653 Group Insurance Commission*108,617,430*2,977,171*111,594,601 Procurement/General Services*56,000*878,000*934,000 Appellate Tax Board*2,826,353**2,826,353 Office of the Comptroller*2,000* *2,000 Total, Administration and Finance*323,895,485*7,984,607*331,880,092 `t+1 `tc1 Environmental Affairs*** Environ. Quality Engineering*32,521,484*8,506,425*41,027,909 Fisheries and Wildlife*15,044,850*1,100,000*16,144,850 Food & Agriculture*4,481,240**4,481,240 Environmental Management*28,184,276*600,000*28,784,276 Environmental Affairs*504,000*170,000*674,000 Total, Environmental Affairs*80,735,850*10,376,425*91,112,275 `t+1 `tc1 Communities and Development*** Exec. Office of Comm. & Develp.*16,020,000*300,000*16,320,000 Total, Communities & Development*16,020,000*300,000*16,320,000 `t+1 `tc1 Human Services*** Rate Setting Commission*11,062,000**11,062,000 Commission for the Blind*38,741,434**38,741,434 Executive Office*25,111,000**25,111,000 Veterans' Services*300**300 Youth Services*40,000**40,000 Public Welfare*2,139,578,399*120,000,000*2,259,578,399 Public Health*1,270,741*68,003,064*69,273,805 Social Services*109,716,850**109,716,850 Mental Health*48,390,918**48,390,918 Mental Retardation*216,026,436**216,026,436 Commission for the Deaf*1,200*20,000*21,200 Soldiers' Home*9,407,436* *9,407,436 Total, Human Services*2,599,346,714*188,023,064*2,787,369,778 `t+1 `tc1 Transportation and Construction*** Mass. Aeronautics Commission*300,000**300,000 Department of Public Works*5,956,579**5,956,579 Executive Office*19,425,812*28,349*19,454,161 Total, Trans. and Construction*25,682,391*28,349*25,710,740 `t+1 `tc1 Libraries*** Board of Library Commissioners*1,500**1,500 Total, Libraries*1,500**1,500 `t+1 `tc1 Education*** Higher Education*60,716,955**60,716,955 Elementary, Secondary & Occ.*4,911,000*184,000*5,095,000 Total, Education*65,627,955*184,000*65,811,955 `t+1 `tc1 Public Safety*** Executive Office*3,148,047*5,000,000*8,148,047 Merit Rating Board*115,200**115,200 Police*770,400*1,050,000*1,820,400 Dept. of Public Safety*7,552,720**7,552,720 Registry of Motor Vehicles*377,242,834*4,057,634*381,300,468 Military Division*128,000*75,000*203,000 Board of Bldg. Regulations*2,842,000**2,842,000 MA Emer. Management Agency*453,794*250,000*703,794 Criminal History Systems Board*120,000*180,000*300,000 Governor's Highway Safety Bureau*140,000**140,000 Criminal Justice Training Council*252,750**252,750 Fire Fighting Academy*1,910,000* *1,910,000 Total, Public Safety*394,675,795*10,642,634*405,318,429 `t+1 `tc1 Economic Affairs*** Energy & Other*386,650**386,650 Executive Office Economic Affairs*5,000**5,000 Total, Economic Affairs*391,650**391,650 `t+1 `tc1 Elder Affairs*** Executive Office of Elder Affairs*4,044,000**4,044,000 Total, Elder Affairs*4,044,000**4,044,000 `t+1 `tc1 Consumer Affairs*** Alcoholic Beverage Commission*2,514,435**2,514,435 Insurance*15,241,207**15,241,207 Division of Banks*15,715,175**15,715,175 Division of Registration*18,101,442**18,101,442 Department of Public Utilities*9,423,367*750,000*10,173,367 State Racing Commission*2,509,000**2,509,000 Television Commission*1,503,000**1,503,000 Executive Office* 96,000* * 96,000 Total, Consumer Affairs*65,103,626*750,000*65,853,626 `t+1 `tc1 Labor and Industries*** Dept. of Industrial Accidents*15,189,149**15,189,149 Dept. of Labor & Industries*1,235,742**1,235,742 Total, Labor and Industries*16,424,894**16,424,894 `t+1 `tc1 Legislature*** Joint Legislature*483,525**483,525 Senate*93**93 Total, Legislature*483,618**483,618 `tc1=1,78,tu;temp `tc1 Total Non-Tax*4,198,336,195*556,279,884*4,754,616,079 `tcol;end `t+1

SECTION 2. `tuc JUDICIARY. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tch `tc1 `ts Item `t+1 `tch;end `tc4 Notwithstanding the provisions of section one to the contrary, items 0320-0001 to 0339-2100 are charged as follows: `tc6 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc3 Supreme Judicial Court. `tc1 0320-0001 `tc4 For the salaries, traveling allowances, and expenses of the chief justice and the six associate justices `tc6 $669,408 `tc1 0320-0002 `tc4 For the expenses of the commissions of the supreme judicial court, including the commission on the future of the courts, the commission on racial and ethnic bias, and the commission on juvenile justice `tc6 $275,000 `tc1 0320-0003 `tc4 For the salaries and expenses of the supreme judicial court; provided, that not less than one hundred and twenty-nine thousand dollars shall be available for the committee on gender equality, including not more than sixty-four positions `tc6 $3,529,090 `tc1 0320-0010 `tc4 For the salaries and expenses of the Suffolk county clerk, including not more than sixteen positions `tc6 $579,499 `tc1 0321-0001 `tc4 For the expenses of the commission on judicial conduct, including not more than four positions `tc6 $207,084 `tc1 0321-0100 `tc4 For the service of the board of bar examiners, including not more than ten positions `tc6 $610,900 `tc2 Committee for Public Counsel Services. `tc1 0321-1500 `tc4 For the committee for public counsel services as authorized by chapter two hundred and eleven D of the General Laws, including expenses for an audit and oversight unit, including not more than two hundred and forty positions `tc6 $11,710,411 `tc1 0321-1510 `tc4 For the compensation of private counsel assigned under the provisions of subsection (b) of section six of chapter two hundred and eleven D of the General Laws, pursuant to section twelve of said chapter two hundred and eleven D of the General Laws `tc6 $36,353,330 `tc1 0321-1520 `tc4 For all fees and costs, as defined in section twenty-seven A of chapter two hundred and sixty-one of the General Laws, ordered by a justice of the appeals court or a justice of a department of the trial court of the commonwealth on behalf of indigent persons, as defined in said section twenty-seven A of said chapter two hundred and sixty-one `tc6 $2,405,466 `tc1 0321-1530 `tc4 Notwithstanding the provisions of chapter two hundred and eleven D, or any general or special law to the contrary, the committee for public counsel services may accept and disburse royalty income from contracts entered into during current and prior fiscal years, up to a maximum of five thousand dollars `tc6 $5,000 `tc1 0321-1600 `tc4 For the Massachusetts Legal Assistance Corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth; provided, that not less than one million seventy thousand three hundred and fourteen dollars shall be obligated for a disability representation project; provided further, that not less than four hundred eighty-nine thousand seven hundred and fifty-nine dollars shall be obligated for a medicare advocacy project; provided further, that not less than two hundred fifty-five thousand nine hundred and seventeen dollars shall be obligated for an asylum representation project; provided further, that the first paragraph of section nine of chapter two hundred and twenty-one A of the General Laws shall not apply to these programs; and provided further, that said corporation may contract with any organization for the purpose of providing said representation `tc6 $1,818,990 `tc1 0321-2000 `tc4 For the expenses of the mental health legal advisors committee, and for certain programs for the indigent mentally ill, as provided in section thirty-four E of chapter two hundred and twenty-one of the General Laws `tc6 $250,000 `tc1 0321-2100 `tc4 For a correctional legal services committee `tc6 $336,719 `tc1 0321-2205 `tc4 For expenses of the social law library located in Suffolk county; provided, that not less than one hundred ninety-two thousand dollars be made available for computerized legal research `tc6 $880,800 `tc3 Appeals Court. `tc1 0322-0100 `tc4 For the salaries and expenses of the appeals court, including the salaries, traveling allowances and expenses of the chief justice and the thirteen associate justices, including not more than eighty-six positions `tc6 $3,898,000 `tc3 Trial Court. `tc1 0330-0100 `tc4 For the salaries of the justices of the trial court; provided, that notwithstanding this item, the justices of the trial court shall continue their commission of appointment to a specific division within a department or to a department according to the terms of said commissions; and provided further, that nothing herein shall be construed to limit the authority of the chief administrative justice as enumerated in chapter two hundred and eleven B of the General Laws, including not more than three hundred and twenty positions `tc6 $24,945,750 `tc1 0330-0300 `tc4 For the salaries and expenses of the administrative staff; provided, that not less than fifty thousand dollars be made available for a comprehensive assessment of the security needs of the trial court; provided further, that the chief administrative justice is authorized to contract with any individual or entity he deems most appropriate to perform said assessment; and provided further, that not less than sixty-two thousand dollars be made available for the salary and expenses of a director of security, including not more than eighty-five positions `tc6 $3,470,967 `tc1 0330-0400 `tc4 For non-employee services performed by private individuals and contracted services performed by agencies and consultants, for the individual court divisions of the trial court, to be expended as determined by the chief administrative justice `tc6 $9,607,856 `tc1 0330-0600 `tc4 For dental and optical health plan trust agreements `tc6 $1,275,306 `tc1 0330-1000 `tc4 For payments of expenses of juries `tc6 $3,068,052 `tc1 0330-2000 `tc4 For salaries and expenses of certain law libraries, including not more than thirty-four positions `tc6 $3,000,000 `tc1 0330-2010 `tc4 For expenses related to computerized legal research `tc6 $175,364 `tc1 0330-2020 `tc4 For centralized law book purchases `tc6 $455,318 `tc1 0330-2200 `tc4 For the rental of court facilities, in accordance with section four of chapter twenty-nine A of the General Laws; provided, that all payments made hereunder shall be pursuant to written leases; provided further, that quarterly payments shall be made to counties equal to an amount which is at least ninety percent of the amount owed to such county for such rent per quarter of the preceding fiscal year, subject to reconciliation based on accurate cost data in the fourth quarter or in the succeeding fiscal year; provided further, that payments to any county which fails to submit required cost data by the beginning of the third quarter of the fiscal year, shall be withheld until such data is submitted to the chief administrative justice of the trial court and approved as accurate; provided further, that such cost data shall be also filed with the house and senate committees on ways and means; provided further, that every county which receives funds under this item shall maintain such funds in a separate account which shall be used solely for the maintenance of the rented facilities; provided further, that all rents paid to the counties shall be expended for courthouse maintenance costs in each county; and provided further, that each county advisory board, upon receipt of the proposed budget by the county commissioners, shall have final approval of all expenditures under this item `tc6 $24,800,000 `tc1 0330-2205 `tc4 For expenses to maintain and operate courthouse facilities owned by the commonwealth, including not more than two hundred and fifty-five positions `tc6 $9,000,000 `tc1 0330-2300 `tc4 For payments of witness fees `tc6 $600,073 `tc1 0330-2410 `tc4 For the salaries and expenses of the judicial training institute; provided, that not less than one hundred ninety-one thousand five hundred dollars be expended for security training of court personnel, including not more than five positions `tc6 $480,541 `tc1 0330-2600 `tc4 For travel expenses of judicial personnel; provided, that the chief administrative justice of the trial court shall promulgate rules and regulations for the criteria governing the selection of justices for travel outside of the state for the purpose of judicial training; and provided further, that such rules and regulations shall provide criteria such that newly appointed justices shall be given first priority for such training `tc6 $800,531 `tc1 0330-2700 `tc4 For printing expenses `tc6 $1,625,485 `tc1 0330-2800 `tc4 For repairs of equipment `tc6 $2,839,540 `tc1 0330-3000 `tc4 For the purchase and rentals of equipment in the trial court, to be allocated by the chief administrative justice; provided, that in purchasing said equipment, the chief administrative justice shall utilize the approved vendor determined by the state purchasing agent for such equipment whenever the terms offered by such vendor are more favorable than those otherwise available `tc6 $650,000 `tc1 0330-3200 `tc4 For the payment of salaries and expenses of court officers; provided, that any court officer scheduled to work nineteen hundred and fifty hours, or more, in fiscal year nineteen hundred and ninety-two shall be considered a full-time court officer for fiscal year nineteen hundred and ninety-three; and provided further, that all other per diem court officers shall be paid the daily rate in accordance with collective bargaining agreements, including not more than three hundred and eighty positions `tc6 $12,684,060 `tc1 0330-3300 `tc4 For the payment of office, administrative, special, and maintenance and repair expenses in the trial court, to be allocated by the chief administrative justice `tc6 $598,620 `tc1 0330-3700 `tc4 For salaries and expenses of the court interpreter program, including not more than eleven positions `tc6 $200,000 `tc1 0330-4200 `tc4 For a reserve for salaries and expenses of personnel, including senior justices, for the various divisions of the trial court, to be allocated by the chief administrative justice; provided, that the chief administrative justice shall notify the house and senate committees on ways and means of all assignments and allocations `tc6 $1,800,000 `tc2 Superior Court Department. `tc1 0331-0100 `tc4 For the administrative office of the superior court department, including not more than one hundred and twenty positions `tc6 $3,846,246 `tc1 0331-0300 `tc4 For medical malpractice tribunals established in accordance with the provisions of section sixty B of chapter two hundred and thirty-one of the General Laws `tc6 $71,223 `tc1 0331-0600 `tc4 For the expenses of superior court probation services, including not more than two hundred and ten positions `tc6 $6,887,528 `tc1 0331-2100 `tc4 For the Barnstable superior court, including not more than nine positions `tc6 $231,400 `tc1 0331-2200 `tc4 For the Berkshire superior court, including not more than seven positions `tc6 $166,924 `tc1 0331-2300 `tc4 For the Bristol superior court, including not more than thirty-three positions `tc6 $785,651 `tc1 0331-2400 `tc4 For the Dukes superior court, including not more than two positions `tc6 $86,911 `tc1 0331-2500 `tc4 For the Essex superior court, including not more than thirty-five positions `tc6 $1,055,986 `tc1 0331-2600 `tc4 For the Franklin superior court, including not more than six positions `tc6 $178,027 `tc1 0331-2700 `tc4 For the Hampden superior court, including not more than thirty-seven positions `tc6 $1,002,617 `tc1 0331-2800 `tc4 For the Hampshire superior court, including not more than eight positions `tc6 $273,814 `tc1 0331-2900 `tc4 For the Middlesex superior court, including not more than ninety positions `tc6 $2,615,529 `tc1 0331-3000 `tc4 For the Nantucket superior court, including not more than two positions `tc6 $86,223 `tc1 0331-3100 `tc4 For the Norfolk superior court, including not more than thirty-eight positions `tc6 $970,549 `tc1 0331-3200 `tc4 For the Plymouth superior court, including not more than thirty-six positions `tc6 $905,938 `tc1 0331-3300 `tc4 For the Suffolk superior civil court, including not more than one hundred positions `tc6 $2,974,811 `tc1 0331-3400 `tc4 For the Suffolk superior criminal court; provided, that that no less than sixty-five thousand dollars shall be expended on the clerk's duties as clerk of the appellate division for the superior court for the commonwealth; provided further, that no less than forty-six thousand dollars shall be expended for the purpose of holding the unified session for sexually dangerous persons, pursuant to section nine of chapter one hundred and twenty-three A of the General Laws; provided further, that not less than two hundred thousand dollars shall be expended for a pilot program in the county of Suffolk for the purpose of assigning persons on probation to perform community work service, including the development of a record keeping and reporting system; and provided however, that the administration of said pilot program shall be subject to the approval of the chief administrative justice of the trial court, including not more than fifty-five positions `tc6 $1,994,937 `tc1 0331-3500 `tc4 For the Worcester superior court, including not more than forty-five positions `tc6 $1,168,423 `tc2 District Court Department. `tc1 0332-0100 `tc4 For the administrative office of the district court department, including not more than thirty-five positions `tc6 $1,240,914 `tc1 0332-1100 `tc4 For the first district court of Barnstable, including not more than fifty-two positions `tc6 $1,485,378 `tc1 0332-1200 `tc4 For the second district court of Barnstable (Orleans), including not more than twenty-five positions `tc6 $737,569 `tc1 0332-1300 `tc4 For the district court of northern Berkshire (Adams, North Adams, Williamstown), including not more than fifteen positions `tc6 $528,354 `tc1 0332-1400 `tc4 For the district court of central Berkshire (Pittsfield), including not more than twenty-eight positions `tc6 $846,308 `tc1 0332-1500 `tc4 For the district court of southern Berkshire (Great Barrington, Lee), including not more than eleven positions `tc6 $268,540 `tc1 0332-1600 `tc4 For the first district court of Bristol (Taunton), including not more than thirty-three positions `tc6 $955,796 `tc1 0332-1700 `tc4 For the second district court of Bristol (Fall River), including not more than fifty-six positions `tc6 $1,492,230 `tc1 0332-1800 `tc4 For the third district court of Bristol (New Bedford), including not more than fifty-nine positions `tc6 $1,629,489 `tc1 0332-1900 `tc4 For the fourth district court of Bristol (Attleboro), including not more than twenty-six positions `tc6 $716,301 `tc1 0332-2000 `tc4 For the district court of Edgartown, including not more than nine positions `tc6 $258,767 `tc1 0332-2100 `tc4 For the first district court of Essex (Salem), including not more than fifty positions `tc6 $1,377,164 `tc1 0332-2300 `tc4 For the third district court of Essex (Ipswich), including not more than six positions `tc6 $195,921 `tc1 0332-2400 `tc4 For the central district court of northern Essex (Haverhill), including not more than thirty-seven positions `tc6 $1,092,571 `tc1 0332-2500 `tc4 For the district court of eastern Essex (Gloucester), including not more than twenty-three positions `tc6 $636,228 `tc1 0332-2600 `tc4 For the district court of Lawrence, including not more than sixty-five positions `tc6 $1,937,666 `tc1 0332-2700 `tc4 For the district court of southern Essex (Lynn), including not more than fifty-six positions `tc6 $1,616,347 `tc1 0332-2800 `tc4 For the district court of Newburyport, including not more than thirty positions `tc6 $821,844 `tc1 0332-2900 `tc4 For the district court of Peabody, including not more than twenty-nine positions `tc6 $911,874 `tc1 0332-3000 `tc4 For the district court of Greenfield, including not more than twenty-four positions `tc6 $628,610 `tc1 0332-3100 `tc4 For the district court of Orange, including not more than twelve positions `tc6 $320,499 `tc1 0332-3200 `tc4 For the district court of Chicopee, including not more than twenty-four positions `tc6 $570,150 `tc1 0332-3300 `tc4 For the district court of Holyoke, including not more than twenty-six positions `tc6 $710,620 `tc1 0332-3400 `tc4 For the district court of eastern Hampden (Palmer), including not more than seventeen positions `tc6 $533,305 `tc1 0332-3500 `tc4 For the district court of Springfield, including not more than ninety-five positions `tc6 $2,925,364 `tc1 0332-3600 `tc4 For the district court of western Hampden (Westfield), including not more than twenty-one positions `tc6 $567,031 `tc1 0332-3700 `tc4 For the district court of Hampshire (Northampton); provided, that of the amount appropriated herein, forty thousand dollars shall be expended for an alternative probation program "Honor Court", so called, including not more than forty-four positions `tc6 $1,314,332 `tc1 0332-3800 `tc4 For the district court of eastern Hampshire (Ware), including not more than ten positions `tc6 $343,061 `tc1 0332-3900 `tc4 For the district court of Lowell, including not more than eighty-nine positions `tc6 $2,544,281 `tc1 0332-4000 `tc4 For the district court of Somerville, including not more than sixty positions `tc6 $1,682,269 `tc1 0332-4100 `tc4 For the district court of Newton, including not more than twenty-eight positions `tc6 $845,354 `tc1 0332-4200 `tc4 For the district court of Marlborough, including not more than twenty-six positions `tc6 $880,809 `tc1 0332-4300 `tc4 For the district court of Natick, including not more than twenty positions `tc6 $622,413 `tc1 0332-4400 `tc4 For the district court of eastern Middlesex (Malden), including not more than sixty positions `tc6 $1,739,543 `tc1 0332-4500 `tc4 For the second district court of eastern Middlesex (Waltham), including not more than forty positions `tc6 $1,125,294 `tc1 0332-4600 `tc4 For the third district court of eastern Middlesex (Cambridge), including not more than ninety-five positions `tc6 $2,761,595 `tc1 0332-4700 `tc4 For the fourth district court of eastern Middlesex (Woburn), including not more than fifty-nine positions `tc6 $1,665,482 `tc1 0332-4800 `tc4 For the first district court of northern Middlesex (Ayer), including not more than thirty-four positions `tc6 $1,034,912 `tc1 0332-4900 `tc4 For the first district court of southern Middlesex (Framingham), including not more than sixty positions `tc6 $1,666,102 `tc1 0332-5000 `tc4 For the district court of central Middlesex (Concord), including not more than forty positions `tc6 $1,112,370 `tc1 0332-5100 `tc4 For the district court of Nantucket, including not more than eight positions `tc6 $120,357 `tc1 0332-5200 `tc4 For the district court of northern Norfolk (Dedham), including not more than fifty-two positions `tc6 $1,517,418 `tc1 0332-5300 `tc4 For the district court of eastern Norfolk (Quincy), including not more than one hundred and ten positions `tc6 $3,127,377 `tc1 0332-5400 `tc4 For the district court of western Norfolk (Wrentham), including not more than thirty-seven positions `tc6 $1,020,228 `tc1 0332-5500 `tc4 For the district court of southern Norfolk (Stoughton), including not more than forty-two positions `tc6 $1,205,333 `tc1 0332-5600 `tc4 For the municipal court of Brookline, including not more than twenty-four positions `tc6 $686,222 `tc1 0332-5700 `tc4 For the district court of Brockton, including not more than eighty-six positions `tc6 $2,352,776 `tc1 0332-5800 `tc4 For the second district court of Plymouth (Hingham), including not more than forty-four positions `tc6 $1,238,413 `tc1 0332-5900 `tc4 For the third district court of Plymouth (Plymouth), including not more than forty-five positions `tc6 $1,291,376 `tc1 0332-6000 `tc4 For the fourth district court of Plymouth (Wareham), including not more than thirty-six positions `tc6 $1,087,650 `tc1 0332-6100 `tc4 For the district court of Brighton, including not more than thirty-five positions `tc6 $1,007,646 `tc1 0332-6200 `tc4 For the district court of Charlestown, including not more than twenty positions `tc6 $700,372 `tc1 0332-6300 `tc4 For the district court of Chelsea, including not more than forty-eight positions `tc6 $1,466,649 `tc1 0332-6400 `tc4 For the district court of Dorchester, including not more than one hundred and ten positions `tc6 $3,457,062 `tc1 0332-6500 `tc4 For the district court of East Boston, including not more than forty-seven positions `tc6 $1,296,466 `tc1 0332-6600 `tc4 For the district court of Roxbury, including not more than one hundred and eighteen positions `tc6 $3,291,531 `tc1 0332-6700 `tc4 For the district court of South Boston, including not more than twenty-four positions `tc6 $727,349 `tc1 0332-6800 `tc4 For the district court of West Roxbury, including not more than forty-seven positions `tc6 $1,503,834 `tc1 0332-6900 `tc4 For the central district court of Worcester, including not more than ninety-five positions `tc6 $2,522,142 `tc1 0332-7000 `tc4 For the district court of Fitchburg, including not more than twenty-nine positions `tc6 $821,690 `tc1 0332-7100 `tc4 For the district court of Leominster, including not more than fourteen positions `tc6 $448,098 `tc1 0332-7200 `tc4 For the district court of Winchendon, including not more than three positions `tc6 $136,054 `tc1 0332-7300 `tc4 For the first district court of northern Worcester (Gardner), including not more than twenty-five positions `tc6 $688,110 `tc1 0332-7400 `tc4 For the first district court of eastern Worcester (Westborough), including not more than thirty-one positions `tc6 $841,695 `tc1 0332-7500 `tc4 For the second district court of eastern Worcester (Clinton), including not more than sixteen positions `tc6 $435,119 `tc1 0332-7600 `tc4 For the first district court of southern Worcester (Dudley), including not more than twenty-seven positions `tc6 $799,538 `tc1 0332-7700 `tc4 For the second district court of southern Worcester (Uxbridge), including not more than eighteen positions `tc6 $434,357 `tc1 0332-7800 `tc4 For the third district court of southern Worcester (Milford), including not more than twenty-three positions `tc6 $753,780 `tc1 0332-7900 `tc4 For the district court of western Worcester (Spencer), including not more than fourteen positions `tc6 $440,490 `tc3 Probate and Family Court Department. `tc1 0333-0002 `tc4 For the administrative office of the probate and family court department, including not more than twelve positions `tc6 $347,183 `tc1 0333-0100 `tc4 For the Barnstable probate court, including not more than twenty-four positions `tc6 $607,769 `tc1 0333-0200 `tc4 For the Berkshire probate court, including not more than fifteen positions `tc6 $461,398 `tc1 0333-0300 `tc4 For the Bristol probate court, including not more than forty-six positions `tc6 $1,347,542 `tc1 0333-0400 `tc4 For the Dukes probate court, including not more than three positions `tc6 $134,997 `tc1 0333-0500 `tc4 For the Essex probate court, including not more than fifty-six positions `tc6 $1,610,615 `tc1 0333-0600 `tc4 For the Franklin probate court, including not more than eleven positions `tc6 $328,825 `tc1 0333-0700 `tc4 For the Hampden probate court, including not more than fifty-nine positions `tc6 $1,540,423 `tc1 0333-0800 `tc4 For the Hampshire probate court, including not more than nineteen positions `tc6 $470,286 `tc1 0333-0900 `tc4 For the Middlesex probate court, including not more than one hundred and fifteen positions `tc6 $2,904,710 `tc1 0333-0911 `tc4 For the Middlesex probate court family services clinic, including not more than six positions `tc6 $170,008 `tc1 0333-1000 `tc4 For the Nantucket probate court, including not more than two positions `tc6 $104,588 `tc1 0333-1100 `tc4 For the Norfolk probate court, including not more than sixty-five positions `tc6 $1,903,370 `tc1 0333-1111 `tc4 For the Norfolk probate court family services clinic, including not more than five positions `tc6 $108,218 `tc1 0333-1200 `tc4 For the Plymouth probate court, including not more than fifty-three positions `tc6 $1,389,787 `tc1 0333-1300 `tc4 For the Suffolk probate court, including not more than ninety-five positions `tc6 $2,365,661 `tc1 0333-1400 `tc4 For the Worcester probate court, including not more than fifty-five positions `tc6 $1,582,602 `tc2 Land Court Department. `tc1 0334-0001 `tc4 For the salaries and expenses of the office of the land court, including not more than seventy-five positions `tc6 $2,032,350 `tc2 Boston Municipal Court Department. `tc1 0335-0001 `tc4 For the salaries and expenses of the Boston municipal court, including not more than one hundred and eighty positions `tc6 $4,989,575 `tc2 Housing Court Department. `tc1 0336-0002 `tc4 For the administrative office of the housing court department, including not more than three positions `tc6 $74,130 `tc1 0336-0100 `tc4 For the Boston housing court, including not more than twenty-eight positions `tc6 $641,823 `tc1 0336-0200 `tc4 For the Hampden housing court, including not more than thirteen positions `tc6 $373,552 `tc1 0336-0300 `tc4 For the Worcester housing court, including not more than eleven positions `tc6 $329,745 `tc1 0336-0400 `tc4 For the Southeastern housing court, including not more than eleven positions `tc6 $285,992 `tc1 0336-0500 `tc4 For the Northeastern housing court, including not more than eleven positions `tc6 $329,745 `tc2 Juvenile Court Department. `tc1 0337-0002 `tc4 For the administrative office of the juvenile court department, including not more than seventeen positions `tc6 $539,886 `tc1 0337-0100 `tc4 For the Boston juvenile court, including not more than one hundred positions `tc6 $3,107,246 `tc1 0337-0200 `tc4 For the Bristol juvenile court, including not more than forty-eight positions `tc6 $1,627,708 `tc1 0337-0300 `tc4 For the Springfield juvenile court, including not more than thirty-two positions `tc6 $1,271,621 `tc1 0337-0400 `tc4 For the Worcester juvenile court, including not more than twenty-six positions `tc6 $973,519 `tc2 Office of the Commissioner of Probation. `tc1 0339-1001 `tc4 For the office of the commissioner of probation, including not more than one hundred positions `tc6 $2,667,490 `tc2 Office of Jury Commissioner. `tc1 0339-2100 `tc4 For the administration of juror selection and management, in accordance with chapter two hundred and thirty-four A of the General Laws, including jury expenses, including not more than twenty-five positions `tc6 $1,593,094 `tc3 DISTRICT ATTORNEYS. `tc1 0340-0100 `tc4 For the administration of the Suffolk district attorney's office, including not more than two hundred and fifteen positions `tc6 $7,439,153 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0130 `tc4 For the victim and witness assistance program of the Suffolk district attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including not more than twenty-two positions `tc6 $540,103 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0135 `tc4 For the child abuse litigation unit of the Suffolk district attorney's office, including not more than eight positions `tc6 $204,637 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0140 `tc4 For overtime of state police officers assigned to the Suffolk district attorney's office, to be in addition to any other funds available for this purpose `tc6 $101,256 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0195 `tc4 For the domestic violence prosecution program of the Suffolk district attorney's office, including not more than six positions `tc6 $150,000 `tc1 0340-0200 `tc4 For the administration of the Northern district attorney's office, including not more than one hundred and sixty positions `tc6 $5,433,318 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0230 `tc4 For the victim and witness assistance program of the Northern district attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including not more than twenty-three positions `tc6 $595,885 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0235 `tc4 For the child abuse litigation unit of the Northern district attorney's office, including not more than nine positions `tc6 $213,614 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0240 `tc4 For overtime of state police officers assigned to the Northern district attorney's office, to be in addition to any other funds available for this purpose `tc6 $296,400 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0295 `tc4 For the domestic violence prosecution program of the Northern district attorney's office, including not more than six positions `tc6 $150,000 `tc1 0340-0300 `tc4 For the administration of the Eastern district attorney's office, including not more than one hundred positions `tc6 $3,374,692 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0330 `tc4 For the victim and witness assistance program of the Eastern district attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including not more than twenty positions `tc6 $468,978 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0335 `tc4 For the child abuse litigation unit of the Eastern district attorney's office, including not more than four positions `tc6 $115,978 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0337 `tc4 The office of the Eastern district attorney is hereby authorized to expend revenues collected up to a maximum of twenty-five thousand dollars, from royalty income from book publication contracts entered into during current or prior fiscal years and from donations from charitable foundations, for the child abuse prosecution program `tc6 $25,000 `tc1 0340-0340 `tc4 For overtime of state police officers assigned to the Eastern district attorney's office, to be in addition to any other funds available for this purpose `tc6 $282,734 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0395 `tc4 For the domestic violence prosecution program of the Eastern district attorney's office, including not more than six positions `tc6 $150,000 `tc1 0340-0400 `tc4 For the administration of the Middle district attorney's office, including not more than ninety-seven positions `tc6 $3,904,467 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0430 `tc4 For the victim and witness assistance program of the Middle district attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including not more than eleven positions `tc6 $341,386 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0435 `tc4 For the child abuse litigation unit of the Middle district attorney's office, including not more than five positions `tc6 $163,290 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0450 `tc4 For overtime of state police officers assigned to the Middle district attorney's office, to be in addition to any other funds available for this purpose `tc6 $298,660 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0495 `tc4 For the domestic violence prosecution program of the Middle district attorney's office, including not more than six positions `tc6 $150,000 `tc1 0340-0500 `tc4 For the administration of the Hampden district attorney's office, including not more than eighty-one positions `tc6 $2,583,045 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0530 `tc4 For the victim and witness assistance program of the Hampden district attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including not more than twenty-one positions `tc6 $405,501 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0535 `tc4 For the child abuse litigation unit of the Hampden district attorney's office, including not more than ten positions `tc6 $145,115 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0560 `tc4 For overtime of state police officers assigned to the Hampden district attorney's office, to be in addition to any other funds available for this purpose `tc6 $103,296 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0595 `tc4 For the domestic violence prosecution program of the Hampden district attorney's office, including not more than six positions `tc6 $150,000 `tc1 0340-0600 `tc4 For the administration of the Northwestern district attorney's office, including not more than fifty positions `tc6 $1,660,341 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0630 `tc4 For the victim and witness assistance program of the Northwestern district attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including not more than fifteen positions `tc6 $326,655 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0635 `tc4 For the child abuse litigation unit of the Northwestern district attorney's office, including not more than three positions `tc6 $50,524 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0670 `tc4 For overtime of state police officers assigned to the Northwestern district attorney's office, to be in addition to any other funds available for this purpose `tc6 $115,363 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0695 `tc4 For the domestic violence prosecution program of the Northwestern district attorney's office, including not more than six positions `tc6 $150,000 `tc1 0340-0700 `tc4 For the administration of the Norfolk district attorney's office, including not more than seventy-nine positions `tc6 $3,249,167 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0730 `tc4 For the victim and witness assistance program of the Norfolk district attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including not more than sixteen positions `tc6 $410,740 `tc5 Victim Witness Assistance Fund 100.0% `tc1 0340-0735 `tc4 For the child abuse litigation unit of the Norfolk district attorney's office, including not more than three positions `tc6 $72,675 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0780 `tc4 For overtime of state police officers assigned to the Norfolk district attorney's office, to be in addition to any other funds available for this purpose `tc6 $219,339 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0795 `tc4 For the domestic violence prosecution program of the Norfolk district attorney's office, including not more than six positions `tc6 $150,000 `tc1 0340-0800 `tc4 For the administration of the Plymouth district attorney's office, including not more than seventy-seven positions `tc6 $2,406,639 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0830 `tc4 For the victim and witness assistance program of the Plymouth district attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including not more than twelve positions `tc6 $378,271 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0835 `tc4 For the child abuse litigation unit of the Plymouth district attorney's office, including not more than six positions `tc6 $118,950 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0890 `tc4 For overtime of state police officers assigned to the Plymouth district attorney's office, to be in addition to any other funds available for this purpose `tc6 $217,633 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0895 `tc4 For the domestic violence prosecution program of the Plymouth district attorney's office, including not more than six positions `tc6 $150,000 `tc1 0340-0900 `tc4 For the administration of the Bristol district attorney's office, including not more than seventy-five positions `tc6 $2,775,686 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0930 `tc4 For the victim and witness assistance program of the Bristol district attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including not more than eighteen positions `tc6 $434,104 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0935 `tc4 For the child abuse litigation unit of the Bristol district attorney's office, including not more than seven positions `tc6 $122,226 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0940 `tc4 For overtime of state police officers assigned to the Bristol district attorney's office, to be in addition to any other funds available for this purpose `tc6 $174,998 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-0995 `tc4 For the domestic violence prosecution program of the Bristol district attorney's office, including not more than six positions `tc6 $150,000 `tc1 0340-1000 `tc4 For the administration of the Cape and Islands district attorney's office, including not more than thirty positions `tc6 $1,180,206 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-1030 `tc4 For the victim and witness assistance program of the Cape and Islands district attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including not more than twelve positions `tc6 $291,006 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-1035 `tc4 For the child abuse litigation unit of the Cape and Islands district attorney's office, including not more than three positions `tc6 $43,861 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-1040 `tc4 For overtime of state police officers assigned to the Cape and Islands district attorney's office, to be in addition to any other funds available for this purpose `tc6 $180,520 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-1095 `tc4 For the domestic violence prosecution program of the Cape and Islands district attorney's office, including not more than six positions `tc6 $150,000 `tc1 0340-1100 `tc4 For the administration of the Berkshire district attorney's office, including not more than twenty-five positions `tc6 $975,779 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-1130 `tc4 For the victim and witness assistance program of the Berkshire district attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including not more than ten positions `tc6 $268,070 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-1135 `tc4 For the child abuse litigation unit of the Berkshire district attorney's office, including not more than three positions `tc6 $35,927 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-1140 `tc4 For overtime of state police officers assigned to the Berkshire district attorney's office, to be in addition to any other funds available for this purpose `tc6 $70,719 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 0340-1195 `tc4 For the domestic violence prosecution program of the Berkshire district attorney's office, including not more than six positions `tc6 $150,000 `tc1 0340-2100 `tc4 For a reserve for the implementation and related expenses of the prosecution management information system (PROMIS) and upgrades; provided, that funds may be transferred from this item to other items of appropriation; provided further, that the house and senate committees on ways and means shall be notified in writing of all transfers made from this line item; provided further, that a report detailing all past expenditures from this fund, the automation status of each district attorney's office, and a proposed plan for any further automation improvements, shall be forwarded to the house and senate committees on ways and means on or before October first, nineteen hundred and ninety-two; and provided further, that expenses may be charged directly to this item, including not more than three positions `tc6 $971,921 `tc3 Executive. `tc1 0411-1000 `tc4 For the salaries and expenses of the governor and lieutenant governor and officers and employees in the governor's office and lieutenant governor's office, for the salaries and personal services of the governor's council pursuant to sections three, four, and seven of chapter six of the General Laws, and for the salaries and expenses of the administrative office pursuant to sections six and six A of chapter six of the General Laws `tc6 $4,000,000 `tc3 Secretary of the Commonwealth. `tc1 0511-0000 `tc4 For the office of the secretary, including the expenses of the corporations division and maintenance of the computerized corporate library; provided, that the positions of director of administrative services, assistant supervisor of public records and the director and assistant director of the bilingual information center shall not be subject to the provisions of chapter thirty-one of the General Laws; provided further, that said positions shall be compensated from this item of appropriation; and provided further, that the secretary shall file quarterly reports detailing the source and amount of revenue generated by each division within the secretary's office with the house and senate committees on ways and means `tc6 $5,583,333 `tc1 0511-0200 `tc4 For the administration of the Archives Division `tc6 $452,512 `tc1 0511-0230 `tc4 For the expenses of the Record Center `tc6 $155,266 `tc1 0511-0250 `tc4 For the maintenance and operation of the Archives Facilities `tc6 $562,152 `tc1 0511-0260 `tc4 For the administration of the Commonwealth Museum `tc6 $220,077 `tc1 0517-0000 `tc4 For the expense of printing various documents, including a public register listing all notices of contractual opportunities offered by any public agency or authority of the commonwealth; provided further, that the secretary shall file quarterly reports detailing revenue generated from the sale of said publications with the house and senate committees on ways and means `tc6 $1,244,024 `tc1 0521-0000 `tc4 For preparing, printing and distributing ballots and other miscellaneous expenses for primary and other elections; provided, that the position of counsel II compensated from this item of appropriation shall not be subject to the provisions of chapter thirty-one of the General Laws `tc6 $3,030,007 `tc5 Local Aid Fund 20.0% General Fund 80.0% `tc1 0524-0000 `tc4 For the expenses of compiling and publishing information to voters `tc6 $666,600 `tc5 Local Aid Fund 100.0% `tc3 Massachusetts Historical Commission. `tc1 0526-0100 `tc4 For the administration of the commission, provided however that the commission shall provide no less than twenty thousand dollars for certain renovations to the historic building in the town of Milford known as Memorial Hall `tc6 $570,692 `tc3 Ballot Law Commission. `tc1 0527-0100 `tc4 For the compensation and expenses of the commissioners `tc6 $19,757 `tc3 Records Conservation Board. `tc1 0528-0100 `tc4 For the expenses of the board `tc6 $29,421 `tc3 Treasurer and Receiver-General. `tc1 0610-0000 `tc4 For the office of the treasurer and receiver-general; provided, that not more than four million two hundred and twenty-four thousand dollars of the amount appropriated herein shall be expended for the payment of bank fees; and provided further, that the treasurer shall provide computer services required by the teachers' retirement board, including not more than one hundred and thirty positions `tc6 $11,374,684 `tc1 0610-1500 `tc4 For school choice tuition payments as required by section twelve B of chapter seventy-six of the General Laws, as amended by section twenty-three of chapter six of the acts of nineteen hundred and ninety-one and subject to the limitations contained in section six of this act; provided, that notwithstanding the provisions of chapter twenty-nine of the General Laws to the contrary, the state treasurer is hereby authorized to expend in anticipation of revenue such amounts as are necessary to meet such payments; and provided further, that the state treasurer shall deduct the amount expended from this account from item 7061-0008, in accordance with section six of this act. `tc1 0611-1000 `tc4 For bonus payments to war veterans `tc6 $35,894 `tc1 0611-5000 `tc4 For compensation to victims of violent crimes; provided, that notwithstanding the provisions of section five of chapter two hundred and fifty-eight A of the General Laws, if claimant is sixty years of age or older at the time of the crime, and is not employed or receiving unemployment compensation, such claimant shall be eligible for compensation in accordance with this chapter even if the claimant has suffered no out-of-pocket loss; provided further, that compensation to such claimant shall be limited to a maximum of fifty dollars; provided further, that notwithstanding the provisions of any general or special law to the contrary, victims of the crime of rape shall be notified of all available services designed to assist rape victims including, but not limited to, the provisions outlined in section five of chapter two hundred and fifty-eight A of the General Laws; and provided further, that no funds appropriated under this item shall be expended for acute hospital services `tc6 $2,454,843 `tc5 Victim and Witness Assistance Fund 21.79% General Fund 78.21% `tc1 0611-5500 `tc4 For additional assistance to cities and towns, to be distributed according to the provisions of section three of this act, and for assistance to certain public entities of the commonwealth which have constructed abatement facilities; provided, however, that said distribution to said public entities shall equal one million, two hundred forty-nine thousand, nine hundred and forty-seven dollars `tc6 $477,565,226 `tc5 Local Aid Fund 100.0% `tc1 0611-5510 `tc4 For reimbursements to cities and towns in lieu of taxes on state-owned lands pursuant to sections thirteen to seventeen, inclusive, of chapter fifty-eight of the General Laws `tc6 $6,500,000 `tc5 Local Aid Fund 100.0% `tc1 0611-5800 `tc4 For distribution to each city and town within which racing meetings are conducted; provided, that each city or town's distribution shall be proportionate to its share of the amount certified by the state racing commission, pursuant to section eighteen D of chapter fifty-eight of the General Laws, at the end of the calendar year nineteen hundred and ninety-two; and provided further, that no city or town shall receive more than the amount so certified for that city or town `tc6 $1,467,500 `tc5 Local Aid Fund 100.0% `tc2 State Board of Retirement. `tc1 0612-0100 `tc4 For the administration of the state board of retirement; provided, that the position of executive secretary of the retirement board shall not be subject to the provisions of chapter thirty-one of the General Laws, including not more than thirty-five positions `tc6 $1,736,183 `tc1 0612-1010 `tc4 For the commonwealth's pension liability fund established under section twenty-two of chapter thirty-two of the General Laws, to meet the commonwealth's obligations under section twenty-two C of said chapter thirty-two, including all retirement benefits payable by the state employees' and the state teachers' retirement systems, reimbursement of local retirement systems for cost-of-living adjustments pursuant to section one hundred and two of chapter thirty-two, and for the costs of increased survivor benefits pursuant to chapter three hundred and eighty-nine of the acts of nineteen hundred and eighty-four; provided, that subject to the rules and regulations promulgated by the treasurer, the state retirement board and each city, town, county, or district shall verify the cost thereof and the treasurer shall be authorized to make such payments upon a transfer of funds as hereinafter provided; to reimburse certain cities and towns for pensions to retired teachers; and including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees' or state teachers' retirement systems; and including the commonwealth's share of the amounts to be appropriated pursuant to section twenty-two B of said chapter thirty-two and the amounts to be appropriated pursuant to clause (a) of the last paragraph of section twenty-one of chapter one hundred and thirty-eight of the General Laws; provided further, that all payments for the purposes herein described shall be made only pursuant to distribution of monies from said fund; provided further, that any such distribution and the payments for which distributions are required shall be detailed in a written report filed not less frequently than on a quarterly basis by the commissioner of administration with the house and senate committees on ways and means and the joint committee on public service in advance of such distribution; provided further, that such distributions shall not be made in advance of the date on which any payment is actually to be made; provided further, that the governor shall request a supplemental appropriation in the amount necessary to provide any amount required to be paid hereunder which is in excess of the sum of the amount herein appropriated and the amounts so recovered, and the amount of any such excess shall not be distributed from the commonwealth's pension liability fund nor paid from any other source until such appropriation has been made, and the amounts so appropriated shall be deposited in said fund and distributed therefrom in accordance with the provisions of this item; provided further, that the treasurer shall submit a report by November fifteenth, nineteen hundred and ninety-two to the house and senate committees on ways and means detailing all retirement benefits paid to the members of the state employees' and teachers' retirement systems, the reimbursement of local retirement systems for cost-of-living adjustments and for the costs of increased survivor benefits during fiscal year nineteen hundred and ninety-two; provided further, that said report shall also include pursuant to section twenty-two of said chapter thirty-two the source and amount of revenue remitted to the commonwealth's pension liability fund during fiscal year nineteen hundred and ninety-two; provided further, that any request for distribution from said fund shall not be in excess of the amount necessary to provide sufficient monies to make all payments for the purposes hereinbefore described; and provided further, that no funds may be expended from this item, other than deposits to the commonwealth's pension liability fund `tc6 $778,000,000 `tc5 Local Aid Fund 59.0% General Fund 33.9% Highway Fund 7.0% Inland Fisheries and Game Fund 0.1% `tc1 0612-1507 `tc4 For the cost of the commonwealth's obligation to assume book to market losses, pursuant to paragraph (c) of subdivision (3) of section twenty-two of chapter thirty-two of the General Laws for the fiscal year ending June thirtieth, nineteen hundred and ninety-three; provided, that the public employee retirement administration shall certify said losses and shall file a schedule of said losses with the secretary of administration and finance and the house and senate committees on ways and means `tc6 $272,304 `tc5 Local Aid Fund 100.0% `tc1 0612-2000 `tc4 For the authorization of retirement benefits pursuant to chapters seven hundred and twelve and seven hundred and twenty-one of the acts of nineteen hundred and eighty-one, chapter one hundred and fifty-four of the acts of nineteen hundred and eighty-three, chapter sixty-seven of the acts of nineteen hundred and eighty-eight, and chapter six hundred and twenty-one of the acts of nineteen hundred and eighty-nine; for the compensation of veterans who may be retired by the state board of retirement, including individuals formerly in the service of the division of employment security whose compensation for such service was paid in full from a grant from the federal government, and for the cost of medical examinations in connection therewith; for pensions of retired judges or their widows; for retirement allowances of certain employees formerly in the service of the administrative division of the metropolitan district commission; for retirement allowances of certain veterans and police officers formerly in the service of the metropolitan district commission; for retirement allowances of certain veterans formerly in the service of the metropolitan sewerage district; for retirement allowances of certain veterans formerly in the service of the metropolitan water system; and for annuities for widows of certain former members of the uniformed branch of the state police `tc6 $23,500,000 `tc5 Highway Fund 17.8% General Fund 82.2% `tc2 Commission on Firemen's Relief. `tc1 0620-0000 `tc4 For the expenses of administration and for relief disbursed by the commissioner `tc6 $9,808 `tc2 Emergency Finance Board. `tc1 0630-0000 `tc4 For the administration of the emergency finance board; provided, that notwithstanding the provisions of any general or special law to the contrary, no employee of the department of revenue shall receive any reimbursement for services from this account, including not more than five positions `tc6 $66,500 `tc2 Lottery Commission. `tc1 0640-0000 `tc4 For the expenses of the operation and administration of the state lottery and arts lottery; provided, that twenty-five percent of this appropriation shall be transferred from the State Lottery Fund to the General Fund quarterly; provided further, that all the positions in this item shall not be subject to chapters thirty and thirty-one of the General Laws; provided further, that the director shall, so far as practicable in making appointments to such positions, promote employees of the commonwealth serving in positions which are classified under said chapter thirty-one and that any such employee so promoted from a position in which at the time of promotion he has tenure by reason of section nine A of chapter thirty of the General Laws shall, upon termination of his service in such unclassified supervisory position, be restored upon his request to the classified position from which he was promoted or to a position equivalent thereto in salary grade in the same state agency, without impairment of his civil service status or his tenure by reason of said section nine A or loss of seniority, retirement and other rights to which uninterrupted service in the classified position would have entitled him; and provided further, however, that if his service in such unclassified supervisory position is terminated for cause, his right to be so restored shall be determined by the civil service commission in accordance with the standards applied by said commission in administering said chapter thirty-one, including not more than four hundred and thirty-five positions `tc6 $67,767,987 `tc1 0640-0096 `tc4 For the purpose of the commonwealth's fiscal year nineteen hundred and ninety-three contributions to the health and welfare fund established pursuant to the collective bargaining agreement between the lottery commission and the Service Employees International Union, Local 254, AFL-CIO; provided, that said contributions shall be paid to such trust fund on such basis as said collective bargaining agreement provides `tc6 $116,360 `tc2 Massachusetts Cultural Council. `tc1 0640-0300 `tc4 For the services and operations of the council; provided, that notwithstanding the provisions of any general or special law to the contrary, the council may expend the amounts herein appropriated for the purposes of the council as provided in sections fifty-two to fifty-eight, inclusive, of chapter ten of the General Laws in such amounts and at such times as the council may determine pursuant to section fifty-four of chapter ten of the General Laws; provided further, that notwithstanding any general or special law to the contrary, the Arts Lottery Fund shall reimburse the General Fund for the amount of this appropriation; provided further, that for the purposes of said reimbursement the comptroller is authorized to transfer twenty-five percent of the amount of this appropriation from the Arts Lottery Fund to the General Fund quarterly; and provided further, that any funds expended from this account for the benefit of school children shall be expended for the benefit of all Massachusetts school children and on the same terms and conditions, including not more than eighteen positions `tc6 $6,123,420 `tc2 Debt Service. `tc1 0699-0090 `tc4 For debt service associated with the Dedicated Income Tax Bonds, Fiscal Recovery Loan Act of 1990 `tc6 $272,534,956 `tc5 Commonwealth Fiscal Recovery Fund 100.0% `tc1 0699-0100 `tc4 For payments related to bonds issued pursuant to chapter one hundred and fifty-one of the acts of nineteen hundred and ninety due under agreements entered into pursuant to section thirty-eight C of chapter twenty-nine of the General Laws `tc6 $6,600,000 `tc1 0699-1901 `tc4 For the payment of interest on certain bonded debt of the commonwealth previously charged to the State Recreation Areas Fund; for the payment of interest on certain bonded debt of the commonwealth previously charged to the Metropolitan Parks District Fund; for payment of interest on certain bonded debt of the commonwealth; provided, that any deficit existing in this item at the close of the fiscal year shall be charged to the Local Aid Fund `tc6 $52,176,338 `tc5 Local Aid Fund 100.0% `tc1 0699-1902 `tc4 For the payment of discount on the sale of bonds of the commonwealth previously charged to the State Recreation Areas Fund; for the payment of discount on the sale of bonds of the commonwealth previously charged to the Metropolitan Parks District Fund; for payment of discount on the sale of bonds of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Local Aid Fund `tc6 $6,027,454 `tc5 Local Aid Fund 100.0% `tc1 0699-1903 `tc4 For certain serial bonds maturing previously charged to the State Recreation Areas Fund; for certain serial bonds maturing previously charged to the Metropolitan Parks District Fund; for certain serial bonds maturing; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Local Aid Fund `tc6 $17,393,119 `tc5 Local Aid Fund 100.0% `tc1 0699-3901 `tc4 For the payment of interest on certain bonded debt of the commonwealth previously charged to the Metropolitan Water District Fund; for the payment of interest on certain bonded debt of the commonwealth previously charged to the Metropolitan Sewerage District Fund; for the payment of interest on certain bonded debt of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the General Fund debt service reserve `tc6 $334,564,460 `tc1 0699-3902 `tc4 For the payment of discount on the sale of bonds of the commonwealth previously charged to the Metropolitan Water District Fund; for the payment of discount on the sale of bonds of the commonwealth previously charged to the Metropolitan Sewerage District Fund; for the payment of discount on the sale of bonds of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the General Fund debt service reserve `tc6 $4,808,130 `tc1 0699-3903 `tc4 For certain serial bonds maturing previously charged to the Metropolitan Water District Fund; for certain serial bonds maturing previously charged to the Metropolitan Sewerage District Fund; for certain serial bonds maturing; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the General Fund debt service reserve `tc6 $274,586,078 `tc1 0699-3910 `tc4 For the payment of interest, discount and principal on certain bonded debt of the commonwealth associated with the Watershed Management Fund for the acquisition of development rights and other interests in land, including fee simple acquisitions of watershed lands of the Quabbin and Wachusett reservoirs and the Ware river watershed above the Ware river intake pipe `tc6 $400,000 `tc5 Watershed Management Fund 100.0% `tc1 0699-6800 `tc4 For the payment of interest on certain bonded debt of the commonwealth; provided, that not more than eleven million dollars of the amount appropriated herein may be expended for the payment of interest, principal, redemption price, funding of reserves and other costs relating to special obligation bonds issued pursuant to the provisions of section two O of chapter twenty-nine of the General Laws; provided further, that said expenditures shall be charged to the infrastructure subfund; and provided further, that any deficit existing in this item at the close of this fiscal year shall be charged to the Highway Fund debt service reserve `tc6 $129,195,667 `tc5 Highway Fund 100.0% `tc1 0699-6801 `tc4 For the payment of discount on the sale of bonds of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Highway Fund debt service reserve `tc6 $1,036,582 `tc5 Highway Fund 100.0% `tc1 0699-6900 `tc4 For certain serial bonds maturing; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Highway Fund debt service reserve `tc6 $89,623,803 `tc5 Highway Fund 100.0% `tc1 0699-8300 `tc4 For payment of interest on certain bonded debt of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Inter City Bus Fund `tc6 $20,006 `tc5 Inter City Bus Fund 100.0% `tc1 0699-8301 `tc4 For payment of discount on the sale of bonds of the commonwealth; provided, that any deficit existing in this item at the close of the fiscal year shall be charged to the Inter City Bus Fund `tc6 $3,177 `tc5 Inter City Bus Fund 100.0% `tc1 0699-8302 `tc4 For certain bonds maturing; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Inter City Bus Fund `tc6 $561,922 `tc5 Inter City Bus Fund 100.0% `tc1 0699-9100 `tc4 For the payment of interest on issuance costs of bond and revenue anticipation notes and other notes pursuant to sections forty-seven and forty-nine B of chapter twenty-nine of the General Laws; provided, that the treasurer shall certify to the comptroller a schedule of the distribution of such costs among the various funds of the commonwealth; provided further, that the comptroller shall charge such costs to such funds in accordance with said schedule; and provided further, that any deficit in this item at the close of this fiscal year shall be charged to the various funds or to the General or Highway Fund debt service reserves `tc6 $35,000,000 `tc1 0699-9200 `tc4 For certain debt service contract assistance to the Massachusetts Land Bank in accordance with the provisions of section eight B of chapter one hundred and thirty of the acts of nineteen hundred and eighty-seven `tc6 $6,000,000 `tc3 Auditor. `tc1 0710-0000 `tc4 For the office of the auditor `tc6 $9,503,677 `tc1 0710-0100 `tc4 For the administration and expenses of the bureau of local mandates `tc6 $723,346 `tc5 Local Aid Fund 100.0% `tc3 Attorney General. `tc1 0810-0000 `tc4 For the office of the attorney general, including not more than three hundred and thirty-five positions `tc6 $13,091,433 `tc1 0810-0001 `tc4 For overtime of state police officers assigned to the department of the attorney general, to be in addition to any other funds available for this purpose `tc6 $386,190 `tc1 0810-0014 `tc4 For the expenses of public utilities proceedings of the office of the attorney general pursuant to section eleven E of chapter twelve of the General Laws, including not more than twenty positions `tc6 $1,500,000 `tc1 0810-0021 `tc4 For the expenses of administering the medicaid fraud control unit; provided, that the federal reimbursement for any expenditure for this item shall not be less than seventy-five percent of such expenditure, including not more than twenty-nine positions `tc6 $1,380,132 `tc1 0810-0031 `tc4 For the expenses of administering the local consumer aid fund, established by section eleven G of chapter twelve of the General Laws, including not more than three positions `tc6 $605,901 `tc1 0810-0035 `tc4 For the administration and expenses of the antitrust division, including not more than eight positions `tc6 $346,385 `tc5 Anti-Trust Enforcement Fund 100.0% `tc1 0810-0201 `tc4 For expenses incurred in administrative or judicial proceedings as authorized by section eleven F of chapter twelve of the General Laws, including not more than fifteen positions `tc6 $1,200,000 `tc1 0810-0338 `tc4 For the administration and expenses of a program to investigate and prosecute automobile insurance fraud; provided, that the costs of this program shall be assessed pursuant to section three of chapter three hundred and ninety-one of the acts of nineteen hundred and ninety-one; and provided further, that said assessments shall be credited to the General Fund, including not more than four positions `tc6 $100,000 `tc1 0810-0399 `tc4 For workers' compensation insurance fraud prosecution; provided, that the costs of this program shall be assessed pursuant to section three of chapter three hundred and ninety-nine of the acts of nineteen hundred and ninety-one; and provided further, that said assessments shall be credited to the General Fund, including not more than four positions `tc6 $100,000 `tc1 0810-1031 `tc4 For the victim and witness assistance program of the office of the attorney general, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including not more than six positions `tc6 $129,566 `tc5 Victim and Witness Assistance Fund 100.0% `tc2 Disabled Persons Protection Commission. `tc1 0810-2500 `tc4 For the disabled persons protection commission, including the costs of protective services pursuant to chapter six hundred and fifty-five of the acts of nineteen hundred and eighty-six, including not more than forty-two positions `tc6 $1,142,916 `tc2 Commission on Uniform State Laws. `tc1 0830-0100 `tc4 For the administration and expenses of the commission on uniform state laws `tc6 $27,900 `tc2 Victim and Witness Assistance Board. `tc1 0840-0100 `tc4 For the administration and expenses of the victim and witness assistance board, including not more than six positions `tc6 $250,000 `tc5 Victim and Witness Assistance Fund 100.0% `tc3 State Ethics Commission. `tc1 0900-0100 `tc4 For the administration and expenses of the state ethics commission, including not more than twenty-five positions `tc6 $949,949 `tc1 0900-0101 `tc4 For ethics commission's expenses associated with elections `tc6 $50,000 `tc3 Inspector General. `tc1 0910-0200 `tc4 For the administration and expenses of the office of the inspector general, including not more than thirty-eight positions `tc6 $1,300,000 `tc3 Office of Campaign and Political Finance. `tc1 0920-0300 `tc4 For the administration and expenses of the office of campaign and political finance, including not more than fourteen positions `tc6 $495,000 `tc1 0920-0301 `tc4 For expenses of the office of campaign and political finance associated with elections `tc6 $50,000 `tc3 Office of the Comptroller. `tc1 1000-0001 `tc4 For the administration of the office, for the purpose of compliance with the Single Audit Act of nineteen hundred and eighty-four, Public Law 89-502, and for the federally required comprehensive, statewide single audit of state operations for the fiscal year ending June thirtieth, nineteen hundred and ninety-two, in accordance with generally accepted accounting principles; provided, that notwithstanding any general or special law to the contrary, allocated federal funds transferred from federal reimbursement and grant receipts shall be credited to and expended from this account without further appropriation, in addition to state funds appropriated to this account, for the cost of compliance with the mandate of the federal law and the office of management and budget regulations; provided further, that the amount of any such federal funds and grant receipts so credited and expended from this account shall be reported to the house and senate committees on ways and means; provided further, that the comptroller shall maintain a special federal and nontax revenue unit which shall operate under policies and procedures developed in conjunction with the office of purchased services; and provided further, that the comptroller shall provide quarterly reports to the house and senate committees on ways and means which shall include for each state agency for which the commonwealth is billing, the eligible state services, the full year estimate of revenues, and revenues collected, including not more than one hundred and ten positions `tc6 $5,100,000 `tc3 Executive Office for Administration and Finance. `tc2 Office of the Commissioner. `tc1 1100-1100 `tc4 For the office of the commissioner, including not more than twenty-one positions `tc6 $1,119,641 `tc2 Office of Quality Assurance. `tc1 1100-1101 `tc4 For the office of quality assurance for mentally retarded class members, which shall be a state office to monitor quality of care provided to retarded citizens who are covered by the consent decrees under Ricci et al v. Callahan et al, including not more than eight positions `tc6 $184,662 `tc2 Office of Dispute Resolution. `tc1 1100-1103 `tc4 For the office of dispute resolution; provided, that the office shall generate at least four hundred thousand dollars from the collection of charges to other state agencies, cities, towns, and other political subdivisions of the commonwealth or to corporations and individuals for the costs of mediation services and related services, including not more than three positions `tc6 $400,000 `tc2 Massachusetts Corporation for Educational Telecommunications. `tc1 1100-1400 `tc4 For a payment to the Massachusetts corporation for educational telecommunications to be expended in accordance with a plan that has been filed with the legislature `tc6 $4,500,000 `tc1 1100-5500 `tc4 For the operations of the Chelsea receiver; provided, that the funds appropriated herein shall be used exclusively for the operations of the Chelsea receiver as established in chapter two hundred of the acts of nineteen hundred and ninety-one; and provided further, that the funds appropriated herein shall not be transferred to any other item of appropriation `tc6 $351,700 `tc5 Local Aid Fund 100% `tc3 Fiscal Affairs Division. `tc1 1101-2100 `tc4 For the administration of the fiscal affairs division; provided, that charges for the cost of computer resources and services provided by the bureau of computer services for the design, development, and production of reports and information required to be included in budgets submitted by the governor to the legislature shall not be charged to this item, including not more than forty-six positions `tc6 $2,168,092 `tc2 Office of Management Information Systems. `tc1 1101-2380 `tc4 For the administration of the office of management information systems; provided, that said office of management information systems is hereby authorized and directed to schedule expenditures for any software development project or system purchased for which the total budgeted cost will exceed five hundred thousand dollars; and provided further, that said office of management information systems is hereby authorized and directed to continue a chargeback system for its bureau of computer services which complies with the requirements of section 2B of this act, including not more than two hundred and thirty positions `tc6 $9,275,212 `tc1 1101-4000 `tc4 The commissioner of administration is hereby authorized to expend five hundred thousand dollars generated from reimbursements received pursuant to this item for the purpose of conducting audits and surveys to identify and realize savings in the acquisition and maintenance of communication lines, equipment, and services used by the commonwealth; provided, that all state departments and agencies shall participate or assist in such audits and surveys as directed by the commissioner; provided further, that for the purpose of conducting such audits and surveys, the commissioner may enter into agreements with one or more private persons, companies, associations, or corporations; provided further, that no such agreement shall be entered into unless proposals for the same have been invited by public notice; provided further, that any such agreement shall put forth the manner in which the compensation for such services shall be paid, including payment of a portion of, and only upon receipt of reimbursements from providers of communication services and equipment as a result of savings identified pursuant to this item; provided further, that the commissioner shall file quarterly status reports with the house and senate committees on ways and means; and provided further, that the state comptroller shall establish accounts and procedures as he deems appropriate and necessary to assist in accomplishing the purposes of this item, including not more than one position `tc6 $500,000 `tc2 Division of Capital Planning and Operations. `tc1 1102-3210 `tc4 For the administration of the division of capital planning and operations, including not more than one hundred and sixty-four positions `tc6 $5,949,961 `tc1 1102-3214 `tc4 The division of capital planning and operations is hereby authorized to expend revenues collected up to a maximum of three million dollars from rentals, commissions, fees, parking fees and from any and all other sources pertaining to the operation of the state transportation building, including expenses for the maintenance and operation of said building; provided, that the building manager selected by the division of capital planning and operations shall make such expenditures on behalf of said division pursuant to the provisions of section seven of this act `tc6 $3,000,000 `tc5 State Transportation Building `tc5 Management Fund 100.0% `tc2 Bureau of State Office Buildings. `tc1 1102-3301 `tc4 For the administration of the bureau of state office buildings and for the maintenance and operation of buildings under the jurisdiction of the state superintendent of buildings; provided, that not less than fifty thousand dollars be made available for the restoration and preservation of the historic flags displayed in the state house hall of flags; provided further, that not less than ninety thousand dollars be made available for the Massachusetts art commission; and provided further, that notwithstanding the provisions of section nineteen of chapter six of the General Laws, the chairman of the commission may serve for the duration of the project as executive director of this project and may be compensated therefor from funds appropriated in this item, including not more than one hundred and five positions `tc6 $10,495,200 `tc1 1102-3302 `tc4 For the purposes of utility costs for the properties managed by the bureau of state office buildings `tc6 $7,213,137 `tc1 1102-5231 `tc4 The division of capital planning and operations is hereby authorized to expend revenues collected up to a maximum of five hundred twenty-nine thousand four hundred and thirty-six dollars accrued from rents charged to agencies occupying the Springfield state office building, including all necessary expenses for the maintenance and operation of said building, pursuant to the provisions of section eight of this act `tc6 $529,436 `tc5 Springfield State Office Building Management Fund 100.0% `tc2 Department of Procurement and General Services. `tc1 1104-1000 `tc4 For the administration of the department of procurement and general services; provided, that the secretary of administration and finance shall ensure that adequate resources are provided from this item for the maintenance of the government center medical unit at the same level as in fiscal year nineteen hundred and ninety-two, including not more than ninety-six positions `tc6 $3,391,613 `tc1 1104-1091 `tc4 The department of procurement and general services is hereby authorized to expend revenues collected up to a maximum of seventy-eight thousand dollars from the sale of state surplus personal property, for the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of surplus property, including not more than two positions `tc6 $78,000 `tc1 1104-6601 `tc4 Pursuant to section twenty-one A of chapter eight hundred and eight of the acts of nineteen hundred and eighty-one, chapter four hundred and forty-nine of the acts of nineteen hundred and eighty-four, and section four L of chapter seven of the General Laws, the department of procurement and general services is hereby authorized to expend revenues collected up to a maximum of two hundred and fifty thousand dollars from the sale of federal surplus property, for the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of federal surplus property, including not more than eight positions `tc6 $250,000 `tc1 1104-6607 `tc4 The department of procurement and general services is hereby authorized to expend revenues collected up to a maximum of five hundred and twenty-five thousand dollars from the disposal of surplus motor vehicles, from vehicle accident and damage claims, and from manufacturer warranties, rebates and settlements, for the purchase of motor vehicles, including not more than four positions `tc6 $525,000 `tc2 Office on Disability. `tc1 1107-2400 `tc4 For the office on disability; provided, that not less than fifty thousand dollars of the amount appropriated herein shall be expended for arts programs for people with disabilities including, but not limited to festivals, training, advocacy and employment training through the arts; and provided further, that forty thousand dollars shall be expended for the disabled youth partners program, including not more than twelve positions `tc6 $604,210 `tc2 Department of Personnel Administration. `tc1 1108-1000 `tc4 For the administration of the department of personnel administration, including the county personnel board; provided, that no funds are obligated for purposes of executive search programs except any executive search program which may be conducted pursuant to Executive Order 227 adopted on February twenty-fifth, nineteen hundred and eighty-three, as amended; and provided further, that the department administer a program of state employee unemployment management, including, but not limited to, agency training and assistance, including not more than twenty-one positions `tc6 $831,898 `tc5 General Fund 50.0% Local Aid Fund 50.0% `tc1 1108-1002 `tc4 For the administration of the civil service system by the department of personnel administration, including, but not limited to, administration of civil service examinations for state and municipal civil service titles, establishment of eligible lists, certification of eligible candidates to state and municipal appointing authorities, and technical assistance in selection and appointment to state and municipal appointing authorities; provided, that notwithstanding the provisions of paragraph (n) of section five of chapter thirty-one or of any other general or special law or rule to the contrary, the commissioner of administration shall establish a fee of twenty dollars to be collected from each applicant for a promotional civil service examination, and shall provide for the waiver of said fee in appropriate circumstances, including not more than sixty-seven positions `tc6 $2,244,548 `tc5 General Fund 50.0% Local Aid Fund 50.0% `tc1 1108-1003 `tc4 For the administration of the statewide classification system and a municipal classification system, including, but not limited to, maintaining a classification and pay plan for civil service titles within the commonwealth, in accordance with generally accepted compensation standards, and reviewing appeals for reclassification, including not more than fifteen positions `tc6 $613,948 `tc2 Civil Service Commission. `tc1 1108-1011 `tc4 For the administration of the civil service commission, including not more than eleven positions `tc6 $285,218 `tc1 1108-1214 `tc4 The department of personnel administration is hereby authorized to expend revenues collected up to a maximum of six hundred thousand dollars from the fees charged for civil service examination applications for the administration of the civil service examination program by the department, including not more than five positions `tc6 $600,000 `tc2 Office of Affirmative Action. `tc1 1108-2500 `tc4 For the office of affirmative action, including not more than twelve positions `tc6 $304,937 `tc2 Office of Employee Relations. `tc1 1108-3000 `tc4 For the administration of the office of employee relations; provided, that during the negotiation of any collective bargaining agreement the commissioner of administration shall file with the house and senate committees on ways and means any and all economic proposals necessary to fund any incremental cost items to be contained in any and all collective bargaining proposals or counter proposals which the administration offers or intends to offer to the various classified public employees' unions with which it negotiates; and provided further, that the nature and scope of such economic proposals shall include all fixed percentage or dollar base rate salary adjustments, non-base payments or other forms of compensation and all supplemental fringe benefits resulting in any incremental costs, including not more than twenty positions `tc6 $496,986 `tc1 1108-3200 `tc4 For the purposes of the commonwealth's contributions for the fiscal year nineteen hundred and ninety-three to health and welfare funds established pursuant to certain collective bargaining agreements; provided, that said contributions shall be calculated as provided in the applicable collective bargaining agreement, and shall be paid to such health and welfare trust funds on a monthly basis, or on such other basis as the applicable collective bargaining agreement provides `tc6 $13,854,014 `tc2 Teachers' Retirement Board. `tc1 1108-4010 `tc4 For the administration of the teachers' retirement board, including not more than forty-five positions `tc6 $1,140,144 `tc2 Group Insurance Commission. `tc1 1108-5100 `tc4 For administration of the group insurance commission; provided, that said commission shall generate three hundred twenty-five thousand dollars from the percentage applicable premium allowed by the federal consolidated omnibus budget reconciliation act, as amended, and from reimbursements received pursuant to sections eight, ten B, ten C, and twelve of chapter thirty-two A of the General Laws, including not more than fifty-two positions `tc6 $1,791,000 `tc1 1108-5200 `tc4 For the commonwealth's share of the group insurance premium and plan costs, to be administered by the group insurance commission incurred in fiscal year nineteen hundred and ninety-three; provided, that not more than four hundred thousand dollars shall be obligated for the evaluation and audit of said premium and plan costs; provided further, that not more than three hundred thousand dollars shall be obligated for the evaluation and negotiation of premium rates which may include rates for health benefit plans, mail order prescription drug plans and long-term disability plans; provided further, that not more than one hundred and fifty thousand dollars shall be obligated for claims utilization analysis; provided further, that the budget bureau shall charge the department of employment and training and other departments, authorities, agencies and divisions which have federal or other funds allocated to them for this purpose for that portion of the cost of the program as it determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from several state or other funds, and amounts received in payment of all such charges of such transfers shall be credited to the General Fund; and the group insurance commission shall obtain reimbursement for premium and administrative expenses from other non-state funded agencies and authorities; provided further, that notwithstanding the provisions of section twenty-six of chapter twenty-nine of the General Laws, the commission is hereby authorized to negotiate, purchase and execute contracts prior to July first of each year for a policy or policies of group insurance as authorized by chapter thirty-two A of the General Laws; provided further, that the commonwealth's share of the group insurance premium as provided in section eight of said chapter thirty-two A and for the purposes of section fourteen of said chapter thirty-two A shall be ninety percent of the total monthly premiums and rates as established by the commission; provided further, that employees of the Massachusetts bay transportation authority and of regional transit authorities shall pay at least ten percent of the total monthly premium and rates as established by the commissioner effective July first, nineteen hundred and ninety-two; provided further, that no funds shall be expended from the group insurance trust fund, as established in section nine A of chapter thirty-two A of the General Laws, for prior year expenses; provided further, that no funds from this item shall be expended for claims incurred in previous fiscal years; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provided further, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother; provided further, that the commission shall notify the house and senate committees on ways and means by April fifteenth of each year, of the commonwealth's actual cost of its share of group insurance premiums for the next fiscal year; and provided further, that for the purpose of accommodating the delayed receipt of revenues to be retained in item 1108-5300, an amount not to exceed two million dollars may be transferred from item 1108-5200 to item 1108-5300, provided that all excess revenues, if any, shall be returned to item 1108-5200, from retained revenues otherwise authorized to be credited to 1108-5300, no later than June thirtieth, nineteen hundred and ninety-three `tc6 $422,128,898 `tc1 1108-5220 `tc4 For the mail order prescription drug benefit plan of the group insurance commission `tc6 $11,551,000 `tc1 1108-5230 `tc4 For prior year payments of health insurance premiums for costs incurred through the state indemnity health insurance plan; provided, that the commission shall submit a payment schedule to the house and senate committees on ways and means, as necessary, for approval; provided further, that no funds may be expended from this item prior to the approval of said schedule; and provided further, that expenditures from this item shall be made only for the purposes expressly stated herein `tc6 $57,306,956 `tc1 1108-5300 `tc4 The group insurance commission is hereby authorized to expend revenues collected up to a maximum of two million nine hundred seventy-seven thousand one hundred and seventy-one dollars, from charges to cities, towns or districts for the group insurance premium for certain retired employees and their dependents and the audit of said premium; provided, that notwithstanding any other provisions of this section, any remaining balance at the end of fiscal year nineteen hundred and ninety-two of the amounts available to be expended without further appropriation shall not revert to the General Fund, but shall be available for the purposes provided herein during fiscal year nineteen hundred and ninety-three; and provided further, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother `tc6 $2,977,171 `tc1 1108-5400 `tc4 For the group insurance premium for certain retired municipal teachers and their dependents, and the audit of said premium; provided, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother `tc6 $18,256,630 `tc2 Public Employee Retirement Administration. `tc1 1108-6100 `tc4 For the administration of the public employee retirement administration, including the establishment of regional medical panels, pursuant to chapter six hundred and ninety-seven of the acts of nineteen hundred and eighty-seven, including not more than thirty-one positions `tc6 $2,227,309 `tc1 1108-6150 `tc4 For the workers' compensation administration program of the public employee retirement administration, including not more than seventeen positions `tc6 $572,420 `tc1 1108-6160 `tc4 For the workers' compensation investigatory unit of the public employee retirement administration, including not more than ten positions `tc6 $499,545 `tc2 Division of Administrative Law Appeals. `tc1 1110-1000 `tc4 For the administration of the division of administrative law appeals established by section four H of chapter seven of the General Laws; provided, that notwithstanding any provision of law to the contrary, the cost of services rendered to any office or agency for an appeal shall be charged to such office or agency, such charges to include an allowance for overhead as determined by the commissioner of administration; provided further, that the payments for such services shall be paid to the General Fund; and provided further, that no such service shall be provided without a written contract filed with the comptroller, including not more than thirteen positions `tc6 $468,958 `tc3 George Fingold Library. `tc1 1120-4005 `tc4 For the administration of the George Fingold library; provided, that not less than two hundred thousand dollars be obligated for the purchase of books, periodicals, and microfilms to maintain a current government research library collection; and provided further, that said library shall maintain regular hours of operation from nine a.m. to five p.m., including not more than thirty positions `tc6 $1,084,218 `tc2 Massachusetts Commission Against Discrimination. `tc1 1150-5100 `tc4 For the Massachusetts commission against discrimination; provided, that all positions except clerical are exempted from the provisions of chapter thirty-one of the General Laws; and provided further, that said commission shall pursue the highest rate of federal reimbursement per charge allowable, including not more than thirty positions `tc6 $1,105,824 `tc2 Department of Revenue. `tc1 1201-0100 `tc4 For the administration of the department of revenue, including audits of certain foreign corporations; provided, that the comptroller shall transfer to the General Fund the sum of two hundred and sixty thousand dollars from the receipts of the cigarette tax in accordance with the provisions of paragraph (b) of section fourteen of chapter two hundred and ninety-one of the acts of nineteen hundred and seventy-five; provided further, that the department may allocate an amount not to exceed two hundred fifty thousand dollars to the department of the attorney general for the purpose of the tax prosecution unit; provided further, that the department shall maintain a regional office in the city of Pittsfield for the purpose of tax collection, taxpayer assistance, small business seminars, and auditing of Berkshire county and other firms; and provided further, that the department shall be prohibited from contracting for private debt collection services, including not more than two thousand and ten positions `tc6 $104,574,684 `tc5 Highway Fund 10.0% General Fund 90.0% `tc1 1201-0160 `tc4 For the administration of the child support enforcement division of the department of revenue; provided, that the department may enter into contracts with private collection agencies for the purpose of obtaining collections from absent parents; provided further, that the department may allocate these funds to the division of state police, the district courts, the probate and family court department, the district attorneys, and other state agencies for the performance of certain child support enforcement activities, and that these agencies are hereby authorized to expend such amounts for the purposes of this item; provided further, that all such allocations shall be reported to the house and senate committees on ways and means upon the allocation of said funds; provided further, that not less than four hundred thousand dollars be made available for costs, including the cost of personnel, associated with the enhancement and/or development of the child support computer network; provided further, that no monies appropriated for the child support computer network may be expended without the written receipt and approval from the federal government of the department's advanced planning document (APD); provided further, that federal receipts associated with said network are deposited in a revolving account to be drawn down at an enhanced rate of reimbursement and to be expended for the network; provided further, that the department shall file quarterly status reports on the progress of said network with the house and senate committees on ways and means; provided further, that the department shall file quarterly reports with the house and senate committees on ways and means, detailing the balance, year-to-date and projected receipts, and year-to-date and projected expenditures, by subsidiary, of the child support trust fund pursuant to section nine of chapter one hundred and nineteen A of the General Laws; and provided further, that the department shall file a performance report with the house and senate committees on ways and means on or before November fifteenth, nineteen hundred and ninety-two detailing current staffing levels, by function, and performance indicators, including but not limited to AFDC and non-AFDC caseloads, collection levels, court cases filed, paternities established, court orders established, average employee workload, resulting federal reimbursements, projections of the aforementioned indicators for the remainder of the fiscal year, and any deviations of current performance from previous projections, including not more than seven hundred and sixty-five positions `tc6 $22,330,163 `tc1 1231-0100 `tc4 For the administration of the division of local services, including the bureaus of municipal data management and technical assistance, property tax, local assessment and accounts, including the expense of auditing municipal accounts where the circumstances require state assistance to accomplish a specific purpose in the protection of the public interest, for the operation of technical assistance and educational programs for financial officials of the cities and towns, for the monitoring of municipal audits performed by independent public accountants, for the supervision of the installation of accounting systems meeting generally accepted accounting principles, and for the expenses of materials which may be sold to cities and towns, including the expenses for developing and implementing a comprehensive and voluntary program of technical assistance and training for cities, towns and districts in local property tax assessment administration and accounting and financial management review; provided, that the department shall file quarterly reports with the house and senate committees on ways and means, detailing those cities, towns, and districts receiving services including the cost and nature of said services; and provided further, that the department shall provide the legislature with access to the municipal data bank, including not more than one hundred and fifteen positions `tc6 $5,028,527 `tc5 Local Aid Fund 100.0% `tc1 1233-2000 `tc4 For reimbursing cities and towns for abatements granted pursuant to clauses seventeen, twenty-two A, twenty-two B, twenty-two C, twenty-two E, and thirty-seven of section five of chapter fifty-nine of the General Laws `tc6 $5,200,000 `tc5 Local Aid Fund 100.0% `tc1 1233-2310 `tc4 For reimbursing cities and towns for taxes abated under clauses forty-one, forty-one B and forty-one C of section five of chapter fifty-nine of the General Laws; and provided further, that the commonwealth shall reimburse each city or town that accepts the provisions of clause forty-one B or forty-one C for additional costs incurred in determining eligibility of applicants under said clauses in an amount not to exceed two dollars per exemption granted `tc6 $15,000,000 `tc5 Local Aid Fund 100.0% `tc2 Appellate Tax Board. `tc1 1310-1000 `tc4 For the appellate tax board; provided, that the board schedule hearings in Barnstable, Lawrence, Pittsfield, Worcester and Springfield, including not more than thirty-two positions `tc6 $1,298,024 `tc2 Miscellaneous. `tc1 1599-0002 `tc4 For contributions toward the maintenance of the old provincial state house `tc6 $1,500 `tc1 1599-0013 `tc4 For a reserve for the cities and towns' unemployment health insurance contributions due under section fourteen G of chapter one hundred and fifty-one A of the General Laws; provided, that upon approval of the secretary of administration and finance, the treasurer shall transfer funds from this account to the medical security trust fund established in chapter one hundred and eighteen F of the General Laws `tc6 $3,800,000 `tc5 Local Aid Fund 100.0% `tc1 1599-0035 `tc4 For certain debt service contract assistance to the Massachusetts convention center authority in accordance with the provisions of section thirty-nine I of chapter one hundred and ninety of the acts of nineteen hundred and eighty-two `tc6 $6,057,532 `tc1 1599-0036 `tc4 For the expenses of the Massachusetts convention authority `tc6 $7,000,000 `tc5 Massachusetts Tourism Fund 100.0% `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc1 2000-0100 `tc4 For the office of the secretary, including the expenses of: 1) the water resources commission; 2) coastal zone management; 3) the review of environmental impact reports pursuant to chapter thirty of the General Laws; 4) a geographic information system for environmental data in Massachusetts; and 5) mosquito-borne disease vector control; provided, that the secretary of the executive office of environmental affairs is hereby authorized to enter into interagency agreements with any state agency within the executive office of environmental affairs whereby the secretary may render data processing service to said agency; and provided further, that the comptroller is hereby authorized to allocate the costs for such data processing services to the several state and other funds to which items of appropriation of such agencies are charged, including not more than forty-five positions `tc6 $1,896,040 `tc5 General Fund 85.0% Local Aid Fund 15.0% `tc1 2001-1001 `tc4 The secretary of environmental affairs may expend an amount not to exceed one hundred and seventy thousand dollars accrued from 1) the rendering of data processing services to state agencies, authorities and units of government within the commonwealth; 2) the distribution of digital cartographic and other data; and 3) the review of environmental notification forms pursuant to the Massachusetts Environmental Policy Act, for staff and for printing of the MEPA monitor `tc6 $170,000 `tc1 2010-0100 `tc4 For the operation of the Springfield recycling facility, projects in the management of solid waste and for environmental protection, and grants to cities and towns to develop local and regional recycling programs; provided, that the grants shall be awarded by the secretary of environmental affairs in consultation with the advisory committee appointed by said secretary consisting of three statewide environmental groups; provided further, that said grant awards shall be filed with the house and senate committees on ways and means `tc6 $2,370,000 `tc5 Clean Environment Fund 100.0% `tc1 2020-0100 `tc4 For the purposes of the office of toxics use reduction assistance and technology, in accordance with the provisions of chapter twenty-one I of the General Laws; provided, that a field team of technical assistance advisors be located in donated space at the University of Massachusetts at Amherst, including not more than thirty positions `tc6 $1,479,205 `tc5 Toxics Use Reduction Fund 100.0% `tc1 2050-0100 `tc4 For the administration of the hazardous waste site safety council, in accordance with the provisions of chapter twenty-one D of the General Laws; provided, that eighty-eight thousand five hundred dollars shall be for technical assistance grants to the town of Orange; provided further, that eighteen thousand five hundred seventy-one dollars be allocated to the towns of Athol, Erving, New Salem, Royalston, Warwick and Wendell; provided, however, that the awarding of any technical assistance grant shall meet with the prior approval of the secretary of the executive office of environmental affairs, including not more than three positions `tc6 $268,571 `tc1 2060-0100 `tc4 For the purpose of implementing a management plan adopted pursuant to section twelve of chapter one hundred eleven H of the General Laws and for carrying out the powers and duties conferred to the program by said chapter one hundred eleven H; provided, that amounts appropriated herein are reimbursed by the Low Level Radioactive Waste Management Fund on or before June thirtieth, nineteen hundred ninety-three, including not more than six positions `tc6 $500,000 `tc3 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. `tc1 2100-0005 `tc4 For the department of environmental management pursuant to the purposes of sections eighty-five and eighty-eight of chapter thirty-three of the acts of nineteen hundred and ninety-one `tc6 $1,700,000 `tc5 Harbors and Inland Water Maintenance Fund 100.0% `tc1 2100-1000 `tc4 For the administration of the department; provided, that no facilities or activities currently managed by department personnel shall be privatized or contracted out during the fiscal year, including not more than twenty-nine positions `tc6 $2,340,349 `tc5 Local Aid Fund 100.0% `tc1 2100-2000 `tc4 For the resource conservation and protection program to protect and manage the department's lands and other natural resources, including the clean lakes program, so-called; provided, that funds appropriated herein shall used to fund forest and parks conservation services and the bureau of forestry development; provided, that the department shall maintain only two regional planners; provided further, that a sum not to exceed one hundred thousand dollars be expended for the administration of the Martha's Vineyard Commission, including not more than two hundred thirty-five positions `tc6 $7,496,663 `tc5 Local Aid Fund 82.0% Highway Fund 10.0% Inland Harbors and Waterways Fund 8.0% `tc1 2100-3000 `tc4 For the recreation program; provided, that funds appropriated herein shall be used to operate all department parks, heritage state parks, reservations, campgrounds, beaches, rinks, and pools; provided further, that no facilities or activities currently operated by department personnel shall be privatized or contracted out during fiscal year nineteen hundred ninety-three; and provided further, that twenty-five thousand dollars be expended for materials and supplies at the Lowell heritage state park and that not less than three interpretive personnel be available during peak attendance months, including not more than three hundred twenty employees `tc6 $14,644,039 `tc5 Local Aid Fund 90.0% Highway Fund 10.0% `tc3 DEPARTMENT OF ENVIRONMENTAL PROTECTION. `tc1 2200-0000 `tc4 For the administration of the department, including not more than twenty positions `tc6 $1,104,940 `tc1 2200-0100 `tc4 For the environmental compliance operations of the department, including the following divisions: 1) the division of water pollution control; 2) the division of water supply; 3) the division of solid waste; 4) the division of hazardous waste; 5) the division of wetlands and waterways; 6) the division of air quality control; 7) the Lawrence experimental station; and 8) a contract with the University of Massachusetts for environmental research; provided, that the provisions of section three B of chapter seven of the General Laws, as amended by section four of chapter six of the acts of nineteen hundred and ninety-one shall not apply to fees established pursuant to section eighteen of chapter twenty-one A of the General Laws; provided further, that the one million six hundred thousand dollars appropriated herein from the clean environment fund shall be used for the operations of the division of solid waste; and provided further, that the funds appropriated herein shall be deemed sufficient to meet General Fund maintenance pursuant to the provisions of subsection (m) of said section eighteen of said chapter twenty-one A, including not more than four hundred eighty positions `tc6 $14,749,329 `tc5 General Fund 89.15% Clean Environment Fund 10.85% `tc1 2200-0102 `tc4 The department of environmental protection may expend an amount not to exceed one million dollars for the elimination of the wetlands permit backlog and the administration of the division of wetlands and waterways from revenues collected from license fees, permit fees, and inspection fees issued or undertaken by said division, excluding any fines, penalties, or fees credited to the environmental challenge fund; provided, that fees collected herein may be expended on personnel `tc6 $1,000,000 `tc1 2200-0103 `tc4 The department of environmental protection may expend an amount not to exceed seven million five hundred six thousand four hundred and twenty-five dollars for the administration of the department's permitting, compliance, enforcement, and regulatory programs from revenues collected from license and registration fees, permit fees, and inspection and compliance fees issued or undertaken by said department, excluding any fines, penalties, or fees credited to the environmental challenge fund, or collected pursuant to paragraph seven of section seven of chapter twenty-one C of the General Laws; provided, that fees collected herein may be expended on personnel `tc6 $7,506,425 `tc5 Environmental Permitting and `tc5 Compliance Fund 100.0% `tc1 2210-0100 `tc4 For the implementation and administration of chapter twenty-one I of the General Laws, including not more than ten positions `tc6 $763,856 `tc5 Toxic Use Reduction Fund 100.0% `tc1 2220-1000 `tc4 For the bureau of municipal facilities operations of the department pursuant to the provisions of chapter two hundred seventy-five of the acts of nineteen hundred eighty-nine, including not more than ten positions `tc6 $420,000 `tc5 Local Aid Fund 100.0% `tc1 2260-8870 `tc4 For the expenses of a hazardous waste cleanup program, pursuant to chapter twenty-one E of the General Laws; including not more than two hundred forty positions `tc6 $11,751,510 `tc5 Environmental Challenge Fund 30.0% `tc5 Clean Environment Fund 25.5% `tc5 General Fund 44.5% `tc1 2260-9000 `tc4 For the administration of an underground storage tank petroleum product cleanup fund, in accordance with the provisions of chapter twenty-one J of the General Laws; provided, that funds appropriated herein may be used to fund personnel of the office of incident response `tc6 $600,000 `tc5 Underground Storage Tank Petroleum Product Cleanup Fund 100.0% `tc3 DEPARTMENT OF FISHERIES, WILDLIFE, AND ENVIRONMENTAL LAW ENFORCEMENT. `tc1 2300-0100 `tc4 For the office of the commissioner, including not more than twelve positions `tc6 $407,132 `tc1 2300-0101 `tc4 For the riverways program to protect, restore, and promote public access to rivers; provided, that the positions shall not be subject to the provisions of chapter thirty-one of the General Laws, including not more than four positions `tc6 $168,674 `tc5 Public Access Fund 100.0% `tc1 `tc4 Federal funds received as reimbursements for expenditures from the following items shall be credited as income to the Inland Fisheries and Game Fund. `tc1 2310-0200 `tc4 For the administration of the division of fisheries and wildlife, including expenses of the fisheries and wildlife board, the administration of game farms and wildlife restoration projects, for wildlife research and management, the administration of fish hatcheries, the improvement and management of lakes, ponds, and rivers, for fish and wildlife restoration projects, the commonwealth's share of certain cooperative fishery and wildlife programs, and for certain programs reimbursable under the federal aid to fish and wildlife restoration act; provided, that an amount shall be used by the University of Massachusetts at Amherst for the purposes of wildlife and fisheries research; provided further, that expenditures for such programs shall be contingent upon prior approval of proper federal authorities for reimbursement of at least seventy-five percent of the amount expended; provided further, that not more than two hundred thousand dollars may be expended for a program of acid rain monitoring; and provided further, that not more than fifty-seven thousand five hundred dollars shall be expended for a program of investigating fish kills, including not more than one hundred sixty positions `tc6 $6,234,261 `tc5 Inland Fisheries and Game Fund 100.0% `tc1 2310-0316 `tc4 For the purchase of land containing wildlife habitat and for the costs of the division of fisheries and wildlife directly related to the administration of the wildlands stamp program pursuant to sections two and two A of chapter one hundred and thirty-one of the General Laws `tc6 $2,000,000 `tc5 Inland Fisheries and Game Fund 100.0% `tc1 2310-0317 `tc4 For a waterfowl management program established pursuant to section eleven of chapter one hundred and thirty-one of the General Laws `tc6 $123,000 `tc5 Inland Fisheries and Game Fund 100.0% `tc1 2310-0500 `tc4 For the expenses of a state funded program in natural heritage and environmental assessment, including not more than five positions `tc6 $199,320 `tc5 Inland Fisheries and Game Fund 50.0% Natural Heritage and Endangered Species Fund 50.0% `tc1 2315-0100 `tc4 For the administration of a program of non-game management and research, including not more than five positions `tc6 $399,054 `tc5 Natural Heritage and Endangered Species Fund 100.0% `tc1 2320-0100 `tc4 For the maintenance, operation, and improvement of public access land and water areas, as authorized by section seventeen A of chapter twenty-one of the General Laws; provided, that such positions shall not be subject to the provisions of chapter thirty-one of the General Laws, including not more than four positions `tc6 $500,000 `tc5 Public Access Fund 100.0% `tc1 2320-0101 `tc4 The public access board of the department of fisheries, wildlife and environmental law enforcement may expend an amount not to exceed three hundred thousand dollars accrued from Federal reimbursements from federal Aid in Sportfish Restoration Act, so defined in 16 USC 777-77k, the Wallop/Breaux Fund, so-called, for a program of enhancement and development of boating access to coastal and inland waters of the commonwealth `tc6 $300,000 `tc5 Public Access Fund 100.0% `tc1 2330-0100 `tc4 For the administration of the division of marine fisheries, including expenses of the cat cove marine research laboratory, marine research program, a commercial fisheries program, a shellfish management program including coastal area classification, mapping activities, and technical assistance, and for the operation of the Newburyport shellfish purification plant and shellfish classification program; provided, that three hundred thousand dollars be expended on a recreational fisheries program to be reimbursed by federal funds; and provided further, that the Newburyport shellfish purification plant shall generate not less than one hundred fifteen thousand dollars, including not more than eighty-five positions `tc6 $2,919,483 `tc5 Marine Fisheries Fund 100.0% `tc1 2330-0311 `tc4 The division of marine fisheries of the department of fisheries, wildlife, and environmental law enforcement may expend an amount not exceeding seven hundred thousand dollars from revenues accrued from federal reimbursements, from the Federal Aid in Sportfish Restoration Act, as defined in 16 USC 777-777k, the Wallop/Breaux Fund, so-called, and not more than one hundred thousand dollars from revenues generated from chapter one hundred and thirty, sections eighty and eighty-three of the General Laws, for a program of enhancement and development of marine recreational fishing and related programs and activities including the cost of equipment maintenance, staff, and the maintenance and updating of data `tc6 $800,000 `tc5 Marine Fisheries Fund 100.0% `tc1 2350-0100 `tc4 For the administration of the division of environmental law enforcement; provided, that each county in the commonwealth shall be assigned at least one full time environmental officer, including not more than one hundred thirty positions `tc6 $6,066,392 `tc5 Environmental Law Enforcement Fund 50.0% Inland Fisheries and Game Fund 15.0% General Fund 35.0% `tc1 2350-0101 `tc4 For the hunter safety training, including not more than four positions `tc6 $211,081 `tc5 Inland Fisheries and Game Fund 100.0% `tc3 Metropolitan District Commission. `tc1 2410-1000 `tc4 For the administration of the commission; provided, that the bureau of metropolitan services of the department of state police shall enter into an inter-agency agreement with the commission pursuant to police coverage on commission properties and parkways; provided further, the bureau shall reimburse the commission for costs incurred by the commission including, but not limited to, the maintenance and repairs to the bureau's vehicles, the operation of buildings in which the bureau resides, and other related costs; provided further, that notwithstanding the provisions of section three B of chapter seven of the General Laws as amended by section four of chapter six of the acts of nineteen hundred and ninety-one, the commissioner of the department is hereby authorized and directed to establish or renegotiate fees, licenses, permits, rents, leases, and to adjust or develop other revenue sources to fund the maintenance, operation, and administration of the commission; and provided further, that a quarterly report be submitted to the house and senate committees on ways and means regarding fee adjustments; provided further, that notwithstanding the provisions of any administrative bulletin, general or special law to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the department of procurement and general services, including not more than fifty-six positions `tc6 $2,325,000 `tc5 Local Aid Fund 75.0% Highway Fund 25.0% `tc1 2410-1001 `tc4 The office of the commissioner of the Metropolitan District Commission is hereby authorized to charge, retain, and expend for the operation and maintenance of the commission's telecommunications system, one hundred fifty thousand dollars from revenues received from the Massachusetts water resources authority, the Massachusetts convention center, and quasi-public and private entities through a system of user fees and other charges established by the commissioner; provided further, that nothing in this section shall impair or diminish the rights of all current users of the system pursuant to agreements which have been entered into with the commission; and provided further, that this item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the commission to maintain its telecommunications system `tc6 $150,000 `tc1 2420-1400 `tc4 For the watershed management program to operate and maintain the reservoirs, watershed lands, and related infrastructure of the commission; provided, that expenses incurred in other commission programs to assist the watershed management program may be charged to this program; and provided further, that the inhabitants of the of towns of Clinton and Lancaster liable to taxation in said towns and residing within the territory comprised within the territorial limits of said towns shall constitute a sewer district and are hereby made a body corporate by the name of Clinton-Lancaster Wastewater District, hereinafter called the district, for the purpose of supplying themselves with wastewater treatment services, for domestic and other uses, and for the operation of the wastewater treatment plant located in the town of Clinton. The district shall have the rights and powers necessary or convenient to carry out and effectuate this act, including, but without limiting the generality of the foregoing, the rights and powers: (a) to adopt by-laws for the regulation of its affairs and the conduct of its business, to promulgate rules, regulations and procedures in connection with the performance of its functions and duties to fix, enforce and collect penalties for the violation thereof; (b) to acquire by purchase, lease, lease-purchase, sale and lease-back, gift or devise, any property, real or personal, tangible or intangible, or any interest therein; (c) to enter onto any land to make surveys, borings and examinations thereon, provided that said district shall make reimbursements for any injury or actual damage resulting to such lands and premises caused by any act of its authorized agents or employees and shall so far as possible restore the land to the same condition as prior to making of such surveys, borings and examinations; (d) to acquire by eminent domain any interest in real property within the district in accordance with the provisions of chapter seventy-nine and chapter eighty A of the General Laws or any alternative method provided by law; provided, however, that the district shall not exercise the power of eminent domain without the prior approval of the board of selectmen of the town in which the property is located; (e) to order the removal or relocation of any conduits, pipes, wires, poles or other property located in public ways or places, or in or upon private lands, which it deems to interfere with the laying out, construction or operation of any water and sewer project and the proper authorities shall grant new locations for any such structure so removed or relocated, and the owner thereof shall be reimbursed by the district for the reasonable cost of such removal or relocation. `tc4 If any such owner shall fail to comply with any order of the district relating to any such structure in public ways and places within a reasonable time, to be fixed in the order, the district may discontinue and remove such tracks, conduits, pipes, wires, poles or other property, and may relocate the same, and the cost of such discontinuance, removal or relocation shall be repaid to the district by the owner. No such discontinuance, removal or relocation shall entitle the owner of the property thus affected to any damages on account thereof, except for the reimbursement of cost provided for above. This section shall not apply to any facility on property of the commonwealth under the control of the department of public works or the metropolitan district commission or installed under licenses or permits granted by said department or commission, except with its approval; (f) to contract for and purchase sewage disposal and treatment services from and provided said services to, any person, private or public corporation or municipality, or other government entity; (g) to construct, improve, extend, enlarge, maintain and repair the sewer works system, and with respect to such work the district shall be deemed to be a public agency for purposes of sections forty-four A to forty-four H, inclusive, of chapter one hundred and forty-nine of the General Laws and a district of the towns of Lancaster and Clinton for purposes of sections thirty B to thirty P, inclusive, of chapter seven of the General Laws and a public agency of the city for purposes of sections thirty-nine A to forty M, inclusive, of said chapter seven and section twenty-eight of chapter forty-three of the General Laws. The district shall be an authority of a political subdivision of the commonwealth for purposes of sections sixty-one to sixty-two H, inclusive, of chapter thirty of the General Laws, provided that no work, project or activity of the district the total cost of which is less than two million dollars shall be subject to the provisions of said sections sixty-one to sixty-two H, inclusive, of said chapter thirty; (h) to fix and collect rates, fees, charges and other revenues, and to pledge or assign any money, fees, charges, or other revenues of the district and any proceeds derived by the district from the sale of property, insurance or condemnation awards; (i) to borrow money and incur indebtedness and issue its bonds; (j) to make contracts of every name and nature and to execute and deliver all instruments necessary or convenient for carrying out any of its purposes; (k) to exercise the powers and privileges of, and to be subject to limitations upon, towns, and cities provided by the provisions of sections thirty-eight to forty-two I, inclusive, of chapter forty and sections one to twenty-four, inclusive, and twenty-seven to twenty-nine, inclusive, of chapter eighty-three of the General Laws, insofar as such provisions may be applicable and are consistent with the provisions of this act; provided that any requirement in said sections or chapters for a vote by the city council or other government body of the city or for ratification of such vote by the voters of the city, shall be satisfied by a vote or resolution duly adopted by the district in accordance herewith, and provided that the powers of the district to make rules and regulations and establish penalties regarding the use of sewers shall not be limited by section ten of said chapter eighty-three; (l) to sue and be sued and to prosecute and defend actions relating to its properties and affairs; provided property of the district other than revenues pledged to the payment of bonds shall not be subject to attachment nor levied upon by execution or otherwise; (m) to do all things necessary, convenient or desirable for carrying out the purposes of this act or the powers expressly granted or necessarily implied in this act. `tc4 All permits now held by or for the benefit of the Clinton wastewater treatment plant are transferred to the district as of June thirtieth, nineteen hundred and ninety-two. Notwithstanding the provisions of any general or special law to the contrary, the ownership, possession and control of the wastewater treatment plant and the personal property at and associated with such plant, located in the town of Clinton, which had been conveyed to the said Authority pursuant to chapter three hundred and seven of the acts of nineteen hundred and eighty-seven, is conveyed to and vested in the said district as of June thirtieth, nineteen hundred and ninety-two. All books, maps, papers, plans, records and documents of whatever description pertaining to the design, construction, operation and affairs of the plant which are in the possession of the Authority or the MDC shall be transferred and delivered to the district for its use, ownership, possession and control. Notwithstanding the provisions of any general or special law to the contrary, the real property associated with said wastewater treatment plant which is under the jurisdiction of the MDC and which has been deemed to be "system real property" as defined in section two of chapter three hundred seventy-two of the acts of nineteen hundred and eighty-four is conveyed to the said district as of April first, nineteen hundred and ninety-two. Notwithstanding the provisions of sections forty E through forty J of chapter seven of the General Laws to the contrary, the division of capital planning and operations is hereby authorized and directed to take such actions as are necessary to effectuate the intent of this act, including the delivery of an executed deed for nominal consideration, and any related documents. Notwithstanding the provisions of any general or special law to the contrary, the certain parcels of land located in the Town of Clinton and further described in chapter six hundred and twenty-five of the acts of nineteen hundred and eighty-seven is conveyed from the said Authority to the said district as of June thirtieth, nineteen hundred and ninety-two. The Authority is hereby authorized and directed to take such actions as are necessary to effectuate the intent of this bill, including the delivery to the district of an executed deed. Sections three, four, five, six and eight of chapter three hundred seven of the acts of nineteen hundred and eighty-seven are hereby repealed. Effective on June thirtieth, nineteen hundred and ninety-two, the Authority is relieved of all of its obligations in connection with the said wastewater treatment plant and related realty and personalty, including without limitation, the obligation to operate and maintain such wastewater treatment plant. Said Authority shall not be liable for any claims, damages, penalties or liabilities arising out of or based upon matters occurring subsequent to June thirtieth, nineteen hundred and ninety-two, in connection with said wastewater treatment plant or related realty or personalty. Chapter eight hundred and thirty-one of the acts of nineteen hundred and sixty-seven, establishing the Lancaster Sewer District, is hereby repealed effective June thirtieth, nineteen hundred and ninety-two. The provisions of this item regarding the Clinton-Lancaster Wastewater District and the Lancaster Sewer District shall survive the expiration of the fiscal year and the implementation of said provisions shall be a condition precedent to the expenditure of the amounts appropriated herein, including not more than one hundred sixty-five positions `tc6 $6,700,000 `tc5 Watershed Management Fund 100.0% `tc1 2440-0010 `tc4 For the integrated metropolitan services of the commission; provided that fifteen thousand dollars be allocated for the continued scientific monitoring of the aquatic weed control and herbicide application in the area known as Ware's Cove on the Charles River; program; provided, that notwithstanding the provisions of any general or special law to the contrary, all officers and positions shall be subject to classification under sections forty-five to fifty, inclusive, of chapter thirty of the General Laws, including not more than three hundred twenty-five positions `tc6 $24,394,205 `tc5 Local Aid Fund 40.0% Highway Fund 60.0% `tc1 2440-0021 `tc4 For the purpose of a mounted patrol at Lynn Beach, King's Beach, and Nahant Beach; provided that the sum appropriated herein shall be expended only for this purpose and the leasing of any necessary equipment, prior appropriation continued `tc6 $55,000 `tc1 2440-0045 `tc4 For payment to the city of Boston for maintenance and operation of the James Michael Curley recreation center `tc6 $286,232 `tc5 Local Aid Fund 100.0% `tc1 2440-4000 `tc4 For the maintenance, equipment or capital improvement of Ponkapoag Golf Course, prior appropriation continued `tc6 $450,000 `tc5 Ponkapoag Recreational Fund 100.0% `tc1 2443-2000 `tc4 For assistance to the commonwealth zoological corporation program to subsidize the operation and administration of the metropolitan zoos, pursuant to chapter ninety-two A of the General Laws `tc6 $2,395,495 `tc5 Local Aid Fund 100.0% `tc1 2444-9001 `tc4 For the construction, reconstruction, and improvement of boulevards, parkways, bridges, and related appurtenances `tc6 $1,126,807 `tc5 Highway Fund 100.0% `tc1 2444-9004 `tc4 For certain payments for the maintenance and use of the trailside museum and the chickatawbut hill center `tc6 $300,000 `tc5 Local Aid Fund 100.0% `tc1 2444-9005 `tc4 For the operation of street lighting on the metropolitan district commission parkways `tc6 $2,100,000 `tc5 Highway Fund 100.0% `tc1 2460-1000 `tc4 For the maintenance of construction division; provided, that notwithstanding any general or special law to the contrary, all officers and positions shall be subject to classification under sections forty-five to fifty, inclusive, of chapter thirty of the General Laws `tc6 $2,724,728 `tc5 Highway Fund 80.0% Local Aid Fund 20.0% `tc3 Department of Food and Agriculture. `tc1 2511-0100 `tc4 For the office of the commissioner, including the expenses of the board of agriculture, including not more than eight positions `tc6 $485,869 `tc1 2511-0200 `tc4 For the agriculture preservation restriction program of the department, pursuant to section eleven A of chapter one hundred and thirty-two A of the General Laws `tc6 $2,000,000 `tc1 2511-3000 `tc4 For the administration of the division of Regulatory Services, including the pesticide bureau, the bureau of plant pest control and farm products, the bureau of dairying and milk marketing, the "rights of way" program, integrated pest management programs, a program of laboratory services at the University of Massachusetts at Amherst, and inspection services of the division, including not more than sixty-five positions `tc6 $1,550,205 `tc1 2511-3002 `tc4 For a program to support by means of agreements, contracts and grants the development of integrated pest management systems in Massachusetts agriculture, including the use of biological control; provided, that the purposes of said program shall be to establish the levels of tolerable damage to crops or other assets, evaluate all methods of pest control as means to be employed in order that said level of damage is not exceeded, and address the problems posed by the use of pesticides in terms of their risks and costs to farmers `tc6 $350,000 `tc1 2511-4000 `tc4 For the administration of the division of agricultural development, and for the expenses of the bureau of markets and the bureau of land use; provided, that not less than two hundred twenty-five thousand dollars be expended for the farmer's market coupon program; provided further, that not less than one hundred and fifty thousand dollars be expended in a grant to the city of Boston for technical assistance to the Haymarket Association, including the promotion of Massachusetts agriculture, including not more than thirty positions `tc6 $825,159 `tc1 2515-1000 `tc4 For the administration of the division of animal health and for the inspection of poultry products, and for the administration of the bureau of equine activities, including not more than twenty-six positions `tc6 $745,438 `tc1 2518-1000 `tc4 For the administration of the division of fairs; provided, that payments for state prizes and agricultural exhibits, including allotment funds for 4-H activities, may be made from this appropriation, and for the display of exhibits at certain fairs; provided further, that not less than one hundred ten thousand dollars shall be used for certain prizes; and provided further, that funds shall be used for rehabilitation purposes, including not more than two positions `tc6 $149,475 `tc1 2520-0100 `tc4 For the administration of the state reclamation board, including not more than one position `tc6 $41,875 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 `tc4 For the expenses of the following mosquito control projects; provided, that persons employed in these projects shall be exempt from the provisions of section twenty-nine A of chapter twenty-nine of the General Laws: `tc1 2520-0300 `tc4 Cape Cod `tc6 $777,313 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-0900 `tc4 Suffolk County `tc6 $166,859 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-1000 `tc4 Central Massachusetts `tc6 $563,430 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-1100 `tc4 Berkshire County `tc6 $66,992 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-1200 `tc4 Norfolk County `tc6 $423,412 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-1300 `tc4 Bristol County `tc6 $448,140 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-1400 `tc4 Plymouth County `tc6 $564,449 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-1500 `tc4 Essex County `tc6 $264,290 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc3 Executive Office of Communities and Development. `tc1 3000-0100 `tc4 For the office of the secretary, including not more than sixty-five positions `tc6 $2,465,245 `tc1 3100-0200 `tc4 For the municipal assistance program to provide management incentive grants; provided, that such incentive grants may be utilized for the purchase of hardware and equipment, technical assistance and training for municipal governments to provide cost effective and efficient delivery of local services, including regionalization of services; provided, that of the amount appropriated herein, not more than seven hundred and eighty-five thousand dollars shall be expended for administrative expenses; provided further, that funds appropriated herein may be provided in advance; provided further, that said administrative expenses shall include four hundred thousand dollars to qualify for grant funding under Title I of the federal housing and community development act, the so-called small cities match, including not more than seventeen positions `tc6 $2,650,000 `tc5 General Fund 29.6% Local Aid Fund 70.4% `tc1 3145-1000 `tc4 For the purpose of providing periodic advance funding for a low income energy assistance program, including but not limited to the purchase of bulk oil; provided, that no funds shall be expended prior to the official notification from the federal government that sufficient funds have been awarded and that such advances will be reimbursed by the federal government upon the availability of federal funds under the Low Income Home Energy Assistance Act of nineteen hundred and eighty-one, Title XXVI of the Omnibus Budget Reconciliation Act of nineteen hundred and eighty-one (Public Law 97-35) or any other amendments or successor acts thereto `tc6 $13,000,000 `tc1 3722-8878 `tc4 For the rental housing development action loan program; provided, that notwithstanding any general or special law to the contrary, no new commitments, contracts, or renegotiations of existing contracts resulting in an increased cost shall be entered into during fiscal year nineteen hundred and ninety-three or any subsequent fiscal year; provided further, that the secretary is hereby authorized and directed to review all amounts disbursed through this program in the four fiscal years previous to the effective date of this act and to recover all excess funds disbursed; and provided further, that the secretary shall file a report with the house and senate committees on ways and means, detailing the recovery of said overpayments and recommending alternative uses for said amounts `tc6 $3,009,248 `tc1 3722-8880 `tc4 For the homeownership opportunity program; provided, that all sums appropriated herein shall be used to write down interest rates on soft second mortgage loans for low and moderate income first time home buyers; provided further, that the total payment obligations of homeownership opportunity program contracts do not exceed fifteen million dollars `tc6 $1,000,000 `tc1 3722-9002 `tc4 For certain financial assistance for housing projects for veterans `tc6 $1,176,747 `tc1 3722-9005 `tc4 For payments to housing authorities and nonprofit organizations operating family housing for deficiencies caused by certain reduced rentals in housing for the elderly, handicapped, veterans and relocated persons pursuant to sections thirty-two and forty of chapter one hundred and twenty-one B of the General Laws; provided, that the executive office of communities and development may expend the funds appropriated herein for deficiencies caused by certain reduced rentals which may be anticipated in the operation of housing authorities for the first quarter of the subsequent fiscal year; and provided further, that no monies shall be expended from this item for the purpose of reimbursing the debt service reserve and capital reserve included in the budget of the housing authorities `tc6 $22,040,181 `tc1 3722-9024 `tc4 For a program of rental assistance for families and elderly of low-income; provided, that notwithstanding any general or special law to the contrary, said rental assistance shall be paid only to those households that held chapter seven hundred and seven certificates, so-called, as of June thirtieth, nineteen hundred and ninety-two pursuant to the chapter seven hundred and seven program, so-called, and to those households that held state housing vouchers, so-called, as of June thirtieth, nineteen hundred and ninety-two pursuant to a program of housing assistance consistent with the program requirements established by the federal government for the program authorized by Public Law 98-181, Section 207; provided, however, that said programs shall be in effect only until October thirty-first, nineteen hundred and ninety-two; provided further, that on and after November first, nineteen hundred and ninety-two there shall be no further payments made under said chapter seven hundred and seven program, so-called, or under said program of housing assistance consistent with the program requirements established by the federal government for the program authorized by Public Law 98-181, Section 207, which state program is known as the state housing voucher program, so-called; provided further, that the scale of maximum rents heretofore approved for the chapter seven hundred and seven program, so-called, by the executive office of communities and development may be employed at its discretion in administration of said chapter seven hundred and seven program; provided further, that on and after November first, nineteen hundred and ninety-two rental assistance hereunder shall not be paid to any household which did not hold, or was not lawfully entitled to hold, a chapter seven hundred and seven certificate, so-called, or a state housing voucher, so-called, on October thirty-first, nineteen hundred and ninety-two; provided further, that notwithstanding any general or special law to the contrary, rental assistance hereunder shall only be paid to those households that hold chapter seven hundred and seven certificates, so-called, or state housing vouchers, so-called, on October thirty-first, nineteen hundred and ninety-two, pursuant to a program which shall be established by the executive office of communities and development; provided, however, that the income of said households shall in no event exceed two hundred percent of the federally established poverty level; provided further, that the executive office of communities and development is hereby authorized and directed to conduct an annual verification of household income levels based upon state and federal tax returns, and that said executive office is hereby further authorized and directed to consult with the department of revenue, the department of public welfare, or any other state or federal agency it deems necessary to conduct such income verification, and that notwithstanding any general or special law to the contrary, said state agencies are hereby authorized and directed to consult and cooperate with said executive office and to furnish any and all information in the possession of said agencies including, but not limited to, tax returns and applications for public assistance or financial aid; provided further, that on and after November first, nineteen hundred and ninety-two said rental assistance program shall be in the form of vouchers which shall be in varying dollar amounts set by the secretary based on considerations, including but not limited to, family size and composition, ranges of family income, and geographic location; provided further, that notwithstanding any general or special law to the contrary, the use of rent surveys shall not be required for the purpose of determining the dollar amounts of rental assistance vouchers on or after November first, nineteen hundred and ninety-two for chapter seven hundred and seven certificates, so-called, for the remaining period of their existence through October thirty-first, nineteen hundred and ninety-two; provided further, that fifteen dollars per chapter seven hundred and seven certificate, so-called, per month and fifteen dollars per state housing voucher, so-called, per month shall be expended for administration of the chapter seven hundred and seven program, so-called, and the state housing voucher program, so-called, for the period July, first nineteen hundred and ninety-two through October thirty-first, nineteen hundred and ninety-two; provided further, that an allowance not to exceed fifteen dollars per voucher per month shall be determined and promulgated by the executive office of communities and development for administration of the rental assistance voucher program on and after November first, nineteen hundred and ninety-two; provided further, that notwithstanding any provision of law to the contrary, there shall be no maximum percentage applicable to amount of income paid for rent by each household holding a rental assistance voucher; provided further, that payments for rental assistance may be provided in advance; provided further, that the secretary of communities and development shall conduct or contract for a new rent survey for the purpose of aiding in the determination of ceiling rent levels for the rental assistance voucher program; provided further, that maximum allowable rent levels in effect on June thirtieth, nineteen hundred and ninety-two for the chapter seven hundred and seven certificate program, so-called, shall remain in effect for the rental assistance voucher program until such time that the secretary may establish new ceiling rent levels based on said new rent survey; provided further, that said new ceiling rent levels must be in effect by no later than February first, nineteen hundred and ninety-three; provided further, that the executive office of communities and development shall establish rental assistance voucher dollar amounts so that the appropriation herein is not exceeded by payments for rental assistance and administration; provided further, that the executive office of communities and development shall not enter into commitments which will cause it to exceed the appropriation of seventy-nine million five hundred thousand dollars set forth herein; provided further, that the dollar amount of a rental assistance voucher for an eligible household shall not exceed the household's rent; provided further, that the word "rent" as used in this item shall mean payments to the landlord or other owner of the dwelling unit pursuant to the lease or other agreement for the tenant's occupancy of the dwelling unit, but shall not include payments made by the tenant separately for the cost of heat, cooking fuel, and electricity; provided further, that the executive office of communities and development shall submit quarterly reports to the house and senate committees on ways and means detailing expenditures, the number of outstanding rental assistance vouchers, and the number and types of units leased `tc6 $80,000,000 `tc1 3722-9027 `tc4 For payments for contracts with sponsors of rental housing projects, financed through the Massachusetts housing finance agency established pursuant to chapter seven hundred and eight of the acts of nineteen hundred and sixty-six, in the form of a loan by the commonwealth to facilitate the construction or rehabilitation of rental housing projects pursuant to the provisions of section seven of chapter five hundred and seventy-four of the acts of nineteen hundred and eighty-three; provided, that notwithstanding the provisions of section twenty-seven of chapter twenty-three B or sections twenty-six and twenty-seven of chapter twenty-nine of the General Laws to the contrary, the department is hereby authorized to enter into such contracts for terms not exceeding fifteen years with annual payment obligations not to exceed thirty-one million four hundred six thousand five hundred and fifty-five dollars; provided further, that any existing contracts not subject to renegotiation during fiscal year nineteen hundred and ninety-one shall not have their funding reduced during fiscal year nineteen hundred and ninety-three; notwithstanding any general or special law to the contrary, no new commitments, contracts, renegotiations, modifications or revisions of existing contracts shall be entered into during fiscal year nineteen hundred and ninety-three for said fiscal year or any subsequent fiscal years; provided further, that the secretary of communities and development is hereby authorized and directed to review all amounts disbursed through this program in the five fiscal years previous to the effective date of this act and to recover all excess funds disbursed; and provided further, that the secretary shall file a report with the house and senate committees on ways and means, detailing the recovery of said overpayments and recommending alternative uses for said amounts `tc6 $31,406,555 `tc1 3722-9101 `tc4 For reimbursement of cities and towns for the commonwealth's statutory share of federally aided urban renewal; provided, that no new contracts shall be entered into in fiscal year nineteen hundred and ninety-three `tc6 $97,874 `tc5 Local Aid Fund 100.0% `tc1 3722-9102 `tc4 For reimbursement of cities and towns for the commonwealth's statutory share of non-federally aided urban renewal; provided, that not less than two hundred fifty thousand dollars shall be obligated for a program of fifty percent matching grants to towns with less than two thousand five hundred inhabitants for repair and renovations of municipal buildings other than those actually being used for educational purposes, to assist with compliance with the Americans with Disabilities Act (P.L. 101-46 amended) and other related fire safety code and building code compliance projects `tc6 $683,755 `tc5 Local Aid Fund 100.0% `tc1 3722-9108 `tc4 For providing funds for cities and towns for the reimbursement of the commonwealth's share of certain urban revitalization and development projects authorized pursuant to section fifty-four of chapter one hundred and twenty-one B of the General Laws; provided, that notwithstanding the provisions of section fifty-three or fifty-seven of said chapter one hundred and twenty-one B to the contrary, such funds may be provided to any agency of a city or town designated by the chief executive officer to act on behalf of the city or town; and provided further, that no new contracts shall be entered into in fiscal year nineteen hundred and ninety-three `tc6 $568,500 `tc5 Local Aid Fund 100.0% `tc1 3722-9201 `tc4 For the interest subsidy program; provided, that notwithstanding any other provisions of law to the contrary, no projects shall be approved on or after the effective date of this act which would cause the commonwealth's obligation for the purposes of this item to exceed the amount of this item `tc6 $9,825,000 `tc1 3722-9315 `tc4 The executive office of communities and development may expend an amount not to exceed three hundred thousand dollars accrued from fees collected for the regulation of TELLER, so-called, projects undertaken pursuant to paragraph (m) of section twenty-six of chapter one hundred and twenty-one B of the General Laws from fees collected pursuant to the local initiative program, from fees collected pursuant to Executive Order No. 271, pertaining to low income housing tax credits, and from fees collected pursuant to the rental development action loan program, for the costs of administering said program, including the costs of personnel, subject to the approval of the secretary of the executive office of communities and development, including not more than four positions `tc6 $300,000 `tc1 3743-2027 `tc4 For providing funds for local community economic development; provided, that contracts are to be awarded to community-based organizations; provided further, that a portion of the amount appropriated herein may be expended for the provision of technical assistance to such organizations; and provided further, that expenditures by the administering agency for said program shall not exceed fifty thousand dollars, including not more than three positions `tc6 $550,000 `tc1 3743-2036 `tc4 For contracts with community-based organizations to provide housing services and assistance to low income tenants in privately owned housing, and to landlords, to maintain and secure decent and affordable shelter within the private housing stock, including not more than one position `tc6 $300,000 `tc1 3747-0001 `tc4 For the office of indian affairs `tc6 $51,999 `tc1 3747-0002 `tc4 For the purposes of establishing the urban initiative fund, a loan and grant program for inner-city neighborhoods, for the purposes of education, job training, business development, health care, day care, youth activities, including athletic and recreation programs, violence and crime prevention, and housing; provided however, that such program shall be administered by the community development finance corporation `tc6 $5,000,000 `tc3 Executive Office of Health and Human Services. `tc1 4000-0100 `tc4 For the office of the secretary, including the health facilities appeals board, the administration of the office of health policy, and an office of contract management; provided, that the executive office of health and human services shall provide technical and administrative assistance to agencies receiving federal funds, as may be appropriate; and provided further, that the office of contract management shall compile annually, a report containing the total amount of contract obligation and total appropriation amounts obligated by department and service type to be filed with the house and senate committees on ways and means no later than March first, nineteen hundred and ninety-three, including not more than forty position `tc6 $2,058,000 `tc3 Rate Setting Commission. `tc1 4100-0010 `tc4 For the administration of the commission; provided that the commission shall not promulgate any increase in medicaid provider rates above existing rates without taking all measures possible under Title XIX of the Social Security Act to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further that up to three hundred thousand dollars shall be expended from this item for the purpose of completing nursing home field audits for rate years nineteen hundred and eighty-nine and nineteen hundred and ninety; provided further, said funds shall not be expended on personnel of the commission; and provided further that the commission shall prepare a summary report on the results of said audits, which shall include but not be limited to, an assessment of outstanding liabilities of the medicaid program to nursing homes, which shall be filed with the house and senate committees on ways and means not later than February fifteenth, nineteen hundred and ninety-three, including not more than one hundred seventy-five positions `tc6 $9,196,000 `tc3 Massachusetts Commission for the Blind. `tc1 4110-0001 `tc4 For the office of the commissioner and the bureau of research; provided, that notwithstanding the provisions of section forty G of the General Laws, the commissioner is hereby authorized and directed to renegotiate the commission's lease at eighty-eight Kingston Street in the city of Boston, including not more than fifteen positions `tc6 $724,097 `tc1 4110-1000 `tc4 For the community services program of the commission, including not more than forty-five positions `tc6 $2,368,618 `tc1 4110-1010 `tc4 For aiding the adult blind; provided, that funds may be expended from this item for burial expenses incurred in the prior fiscal year `tc6 $8,139,983 `tc1 4110-1020 `tc4 For determining eligibility for a medical assistance program for the blind, including not more than eleven positions `tc6 $352,407 `tc1 4110-2000 `tc4 For the turning twenty-two program of the commission, including not more than nine positions `tc6 $3,881,396 `tc1 4110-3010 `tc4 For the vocational rehabilitation program for the blind in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect cost of federally reimbursed state employees `tc6 $1,469,263 `tc1 4110-4000 `tc4 For the administration of the bureau and the Ferguson Industries for the Blind; provided, that retired workshop employees shall receive grants equal to three-fourths of the salaries of the current workshop employees, including not more than twelve positions `tc6 $1,830,000 `tc2 Massachusetts Rehabilitation Commission. `tc1 4120-1000 `tc4 For the administration of the commission; provided, that the commissioner shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance the number of clients served and the amount expended on each type of service; provided further, that upon the written request of the commissioner of revenue, the commissioner of rehabilitation shall provide lists of individual clients to whom or on behalf of whom payments have been made for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in the programs administered by the commission; provided further, that the information on such lists shall include the client's name and social security number and the payee's name and other identification, if different from the clients, including not more than two positions `tc6 $318,201 `tc1 4120-2000 `tc4 For the vocational rehabilitation program of the commission operated in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grant or state appropriation be deducted for pensions, group health and life insurance, and any other such indirect cost of the federally reimbursed state employees `tc6 $6,784,764 `tc1 4120-3000 `tc4 For the employment assistance program of the commission for individuals with disabilities, including not more than four positions `tc6 $6,653,595 `tc1 4120-4000 `tc4 For the independent living assistance program of the commission for individuals with disabilities, including not more than eight positions `tc6 $3,590,000 `tc1 4120-5000 `tc4 For the homemaking services program of the commission for individuals with disabilities, including not more than twelve positions `tc6 $3,792,730 `tc1 4120-6000 `tc4 For the head injured services programs of the department, including not more than nine positions `tc6 $6,446,451 `tc3 Massachusetts Commission for the Deaf and Hard of Hearing. `tc1 4125-0100 `tc4 For the administration of and services provided by the commission for the deaf and hard of hearing, including not more than fifty positions `tc6 $2,714,552 `tc1 4125-0101 `tc4 Notwithstanding the provisions of any general or special law to the contrary, the commission for the deaf and hard of hearing may expend revenues in an amount not to exceed twenty thousand dollars from charges received on behalf of interpreter services; provided, that any receipts in excess of this amount shall not revert to the General Fund but shall be retained in a revolving fund in accordance with section one hundred and ninety-six of chapter six of the General Laws `tc6 $20,000 `tc2 Office for Children. `tc1 4130-0001 `tc4 For the central office administration; provided, that the office shall administer the child care resource and referral system funded from items 4000-0702 and 4130-2087 of section two A of this act and from item 4800-0060 of section two of this act, including not more than thirteen positions `tc6 $548,000 `tc1 4130-0002 `tc4 For the administration of the Children's Trust Fund, notwithstanding chapter seven hundred and twenty-nine of the acts of nineteen hundred and eighty-seven; provided further, that upon receipt of revenues, pursuant to chapter four hundred and sixty-one of the acts of nineteen hundred and ninety-one, by the Children's Trust Fund, the comptroller is hereby authorized and directed to transfer from said fund to the General Fund an amount equal to the appropriation established by this item, including not more than three positions `tc6 $123,000 `tc1 4130-0005 `tc4 For the field operations licensing program; provided, that no funds from this item may be expended for family support services; provided further, that before issuing a new license to any provider, the office shall inspect said provider's center, facility, or home; provided further, that the office shall notify providers of any change to regulations at least semiannully; provided further, that the office shall develop and distribute to child care providers and to child care resource and referral agencies, public information materials on the availability and quality of child care services; and provided further, that the office generate not less than five hundred and ninety-four thousand dollars from licensing fees and day care lists to be deposited in the General Fund, including not more than one hundred and thirty-five positions `tc6 $5,006,600 `t+1 `tc3 Commission of Veterans' Services. `t+1 `tc1 4170-0010 `tc4 For the office of the commissioner; provided, that of the sum appropriated herein, not less than two hundred seventy-one thousand six hundred and eighty dollars be obligated for the purpose of assisting veterans to obtain federal VA benefits pursuant to the provisions of Public Law 95-588; and provided further, that of the sum appropriated herein, not less than forty-nine thousand five hundred and sixty-three dollars be expended for the continuation of a program for the education of health professionals regarding the symptoms and effects on veterans of post-traumatic stress disorder, including not more than forty positions `tc6 $1,374,222 `t+99 `tc1 4170-0012 `tc4 For a counseling program for veterans and their families, including the maintenance and operation of outreach centers; provided, that said centers shall be selected through a procedure of competitive procurement pursuant to applicable regulations; provided further, that said centers shall be distributed regionally to serve veterans throughout the commonwealth; provided further, that said centers shall provided counseling for Vietnam-era veterans and their families who may have been exposed to Agent Orange; and provided further, that said centers shall develop a comprehensive housing affordability strategy for veterans and their families `tc6 $600,000 `t+1 `tc1 4170-0013 `tc4 For the purpose of providing matching funds to a federal grant under Title IVC of the Jobs Training Partnership Act, an employment and training program for Vietnam, minority, disabled and recently discharged veterans `tc6 $135,741 `t+1 `tc1 4170-0100 `tc4 For elder affairs revenue maximization program, which shall maximize revenues by identifying individuals who are eligible for veterans' pensions and are currently receiving home care and home health services; provided, that the office of the commissioner of veterans' services shall enter into an interagency service agreement with the executive office of elder affairs not later than August first, nineteen hundred ninety-two, to determine the methods for recovering said pensions, including not more than three positions `tc6 $80,000 `t+99 `tc1 4170-0250 `tc4 For a program of assistance to veterans who are homeless, including assistance to organizations which provide food, shelter, housing search and limited related services to homeless veterans; provided that not less than one million one hundred sixty-eight thousand nine hundred and ninety-seven dollars shall be obligated for a contract with the New England Shelter for Homeless Veterans located in the city of Boston; provided further, that not less than one hundred twenty-five thousand dollars shall be obligated for a contract with the Central Massachusetts Shelter for Homeless Veterans located in the city of Worcester; provided further, that not less than sixty thousand dollars shall be obligated for a contract with the Southeast Massachusetts Veterans' Housing Program, Inc., located in the city of New Bedford; and provided further, that said shelters shall enter in standard purchase of service contracts pursuant to all applicable regulations `tc6 $1,353,997 `t+1 `tc1 4170-0300 `tc4 For the payment of annuities to certain disabled veterans `tc6 $122,500 `t+1 `tc1 4170-0400 `tc4 For reimbursing cities and towns for money paid for veterans' benefits and for payment to certain veterans in accordance with the following formula: seventy-five percent to be reimbursed by the commonwealth and twenty-five percent to be reimbursed by the cities and towns `tc6 $13,821,903 `tc5 Local Aid Fund 100.0% `tc3 Soldiers' Home in Massachusetts. `tc1 4180-0100 `tc4 For the maintenance of the soldiers' home of Massachusetts located in the city of Chelsea; provided that the home shall generate five million three hundred and sixty-seven thousand five hundred dollars from fees, payments, and reimbursements and six hundred thousand dollars from the sale of license plates to be deposited in the General Fund, including not more than four hundred and fifty positions `tc6 $16,726,643 `tc1 4180-0101 `tc4 For the maintenance of a specialized unit for the treatment of Alzheimer's disease patients at the soldiers' home in Chelsea, including not more than eighteen positions `tc6 $485,326 `tc3 Soldiers' Home in Holyoke. `tc1 4190-0100 `tc4 For the maintenance of the soldiers' home in Holyoke; provided however, that the home shall generate three million nine hundred and eighty-nine thousand four hundred and thirty-six dollars from fees, payments and reimbursements, including not more than four hundred and twenty-five positions `tc6 $10,600,500 `tc1 4190-0101 `tc4 For the maintenance of an adult day care program at the soldiers' home in Holyoke, including not more than four positions `tc6 $142,615 `tc3 Department of Public Welfare. `tc1 `tc4 Notwithstanding any provision of law to the contrary, unless otherwise specified, all federal funds received for the purposes of the department of public welfare shall be credited to the General Fund, and the department shall submit on a monthly basis to the house and senate committees on ways and means and the secretary of administration and finance a status report on program expenditures, savings and revenues, error rate measurements, public assistance caseloads and benefit levels. `tc1 4400-1000 `tc4 For department management and support services, including the development and maintenance of automated data processing systems and services in support of department operations, and for the administration of department programs in local welfare offices including a program of health services for certain recipients and the expenses of operating a food stamp program; provided, that three hundred and fifty thousand dollars shall be expended for a food stamp outreach program; provided further, that all costs for any medical review team, disability review process or any costs associated with verifying disability for the emergency aid to the elderly, disabled and children program shall be paid from this item; and provided further, that the department shall develop an AIDS education plan for clients served by the department, including not more than three thousand three hundred and seventy-five positions `tc6 $107,964,721 `tc1 4400-1003 `tc4 For the administration of the medicaid program, including a central automated vendor payment system and utilization review of medical assistance services; provided, that not less than two hundred thousand dollars be obligated for outreach activities targeting pregnant women through an interagency agreement with the department of public health, including not more than three hundred and thirty-five positions `tc6 $15,090,173 `tc1 4400-4000 `tc4 For a program to provide certain primary and supplemental medical care and assistance for disabled adults and children provided pursuant to sections six A and six B of chapter one hundred and eighteen E of the General Laws; provided, that the department may allocate funds to other agencies for the purposes of this program; provided further, that the department shall notify the house and senate committees on ways and means of all such allocations; and provided further, that no funds shall be expended from this item for expenses incurred in the prior fiscal year `tc6 $17,373,145 `tc1 4401-1000 `tc4 For a program to provide employment and training services for recipients of benefits provided under the program of aid to families with dependent children and the absent parents of said recipients; provided, that certain parents who have not yet reached the age of eighteen years, including those who are ineligible for aid to families with dependent children, and who would qualify for benefits under the provisions of chapter one hundred and eighteen of the General Laws but for the deeming of the grandparents' income, be allowed to participate in the MassJobs program; provided further, that the department may allocate funds from this line item to other agencies for the purposes of the MassJobs program; provided further, that no funds from this item shall be expended for day care or independent child care; provided further, that expenditures shall not exceed appropriation; and provided further, that no recipient of the MassJobs program may pursue more than one course of study, except that a high school diploma or G.E.D. shall not be considered a course of study, including not more than seventeen positions `tc6 $14,315,691 `tc1 4401-2000 `tc4 For a day care program to be administered by the department of public welfare for recipients of benefits provided under the program of aid to families with dependent children and the absent parents of said recipients; provided, that the day care program shall be available for participants in the MassJobs program and for former participants within up to one year of the termination of their aid to families with dependent children benefits due to employment; provided further, that the department is hereby authorized to provide day care benefits to certain parents enrolled in an approved education or job training program who are under the age of eighteen and who would qualify for benefits under the provisions of chapter one hundred and eighteen of the General Laws but for the deeming of the grandparents' income; provided further, that four million four hundred twenty-six thousand five hundred and sixty dollars shall be expended for direct care provided through contracts purchased from the department of social services; provided further, that thirty-five million two hundred ninety-seven thousand one hundred and ten dollars shall be expended for direct care provided through vouchers; provided further, that no "extended vouchers", so-called, shall be paid for from this item; provided further that the management of the voucher system shall be contracted out; provided further, that three million, six hundred thousand dollars shall be expended for the operating expenses of the voucher management system; provided further, that no funds shall be expended from this item for independent child care; and provided further, that expenditures shall not exceed appropriation `tc6 $43,323,670 `tcol;end

PROGRAM: Medicaid Managed Care `t+1 PROGRAM MISSION

To establish relationships between eligible recipients and primary care practitioners, health maintenance organizations and capitated mental health and substance abuse providers that improve the availability and continuity of preventive and primary care, ensure medically appropriate, cost-effective referrals for specialty and acute care and which meet federal waiver conditions.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Routinely identify recipients to participate in primary care clinician managed care program. `tc2 1a. PCCP enrollment totals by region and category of assistance. `tc2 1b. Difference between actual enrollment and universe of eligible enrollees by region and category of assistance. `tc1 2. Market incentives that ensure a sufficient number of qualified, geographically-dispersed primary care practitioners participate in the program. `tc2 2a. Report prepared listing the number of potential PCC practitioners by provider type and region on July 1, 1992. `tc2 2b. Number of practitioners reached monthly through marketing. `tc2 2c. Number of new practitioners signing participation agreements each month. `tc2 2d. Number of practitioners withdrawing from the program each month. `tc1 3. Establish permanent recipient-practitioner relationships within 30 days of initial Medicaid enrollment or redetermination of eligibility. `tc2 3a. Average time from initial welfare service office contact to selection of primary care practitioner. `tc2 3b. Annual report on the distribution of individual practitioner caseloads, measured in 50 case increments. `tc2 3c. Annual report on the distribution of individual practitioner billings, measured in one thousand dollar increments. `tc1 4. Monitor speciality referral patterns to improve case management practices of participating practitioners. `tc2 4a. Annual report on the number of speciality referrals per thousand recipients by region and major speciality type. `tc2 4b. Develop methodology for small area surgical utilization analysis, including PCCP and fee-for-service comparison. `tc1 5. Monitor and control, as feasible and medically appropriate, primary care visits to emergency rooms and inpatient admissions through the emergency room. `tc2 5a. Number of ER claims identified as non-emergency visits to hospital ER. `tc2 5b. Number of inpatient admissions through the emergency room sampled to determine appropriateness and preventability. `tc2 5c. Number and dollar value of non-emergency claims denied for payment. `tc2 5d. File report on type of non-emergency use of emergency rooms with Legislature by March 15, 1993. `tc1 6. Enroll eligible recipients in HMO's to ensure managed access to high-quality preventive, primary and acute care services. `tc2 6a. Monthly number of enrollees by HMO. `tc2 6b. Publish report on HMO service areas by welfare service office, including plan type, rates, capacity and accessibility by September 1992. `tc2 6c. Number of voluntary disenrollments each month. `tc2 6d. Number of recipients surveyed to determine reasons for disenrollment. `tc2 6e. Number of denials for out of plan visits. `tc1 7. Identify the cost and utilization patterns of HMO and PCCP recipients to compare quality and cost-effectiveness of capitation versus fee-for-service. `tc2 7a. Comparison methodology adopted by January 30, 1993. `tc2 7b. Prepare a study on the incidence of low-birthweight babies in PCCP and HMO populations, controlling for epidemiological factors, compared to historical incidence in fee-for-service populations by September 30, 1993. `tc2 7c. Publish calendar year 1992 HMO and PCCP costs and utilization patterns by category of assistance and provider type. `tc1 8. Monitor contractor's establishment of regional networks of mental health and substance abuse practitioners through competitive and/or selective contracts. `tc2 8a. Total number and types of providers under contract with vendor. `tc2 8b. Number and types of providers in each regional network. `tc1 9. Monitor MH/SA enrollments by region and principal diagnoses. `tc2 9a. Total number of recipients by category of assistance served by vendor in each region. `tc2 9b. Total number of recipients by category of assistance self-referring to providers in each region. `tc1 10. Measure effectiveness of MH/SA case management at reducing the utilization of institutional MH/SA services where clinically appropriate. `tc2 10. Number of cases exceeding one standard deviation for average length of stay. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4402-4100 `tc4 For a medical assistance program for recipients receiving medical care and assistance from primary care clinicians, health maintenance organizations, capitated mental health and substance abuse programs and other managed care plans according to the terms of a managed care waiver of Title XIX requirements approved by the Secretary of Health and Human Services; provided that expenditures from this item shall be made only for services rendered to recipients in the current fiscal year consistent with accounting reconciliation requirements established by this Act; provided further, that individuals who have significant preexisting relationships with a physician or independent nurse practitioner enrolled in the primary care clinicians program shall be allowed to maintain that relationship if said physician or nurse practitioner is located in reasonable geographic proximity to the individual's or family's residence or if no other appropriate primary care clinician is located in reasonable geographic proximity; provided further, that regulations for determining eligibility for personal care attendant services shall not be more restrictive that those regulations in effect on January first, nineteen hundred and ninety-two; and provided further, the department shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother `tc6 $765,000,000 `tcol;end

PROGRAM: Medicaid Long Term Care `t+1 PROGRAM MISSION

To provide sub-acute care in nursing facilities, Medicaid-funded ICF-MR's, and chronic disease and rehabilitation hospitals when clinically indicated and in the most cost-effective manner and community-based alternatives to institutionalization.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Routinely analyze institutional utilization and expenditures. `tc2 1a. Publish quarterly the demographics of new admissions and discharges, Medicaid and total patient days by case mix and Medicaid expenditures and patient paid amounts by case mix category. `tc2 1b. Aggregate change in case mix. `tc2 1c. Number of cases sampled to verify accuracy of case mix change. `tc1 2. Coordinate interagency collection and centralization of long term care data. `tc2 2a. Number of interagency task force meetings involving Medicaid, Public Health, Elder Affairs and Rate Setting to coordinate data collection. `tc2 2b. Publish description of coordinated data set available to the public by April 30, 1992. `tc1 3. Minimize administrative days backup in acute hospitals. `tc2 3. Number of administrative days by region and hospital. `tc1 4. Identify community-based provider resources by region. `tc2 4. Publish annual listing of Medicaid-eligible, community-based long term care resources by region, services provided, capacity, access points to services and Medicaid restrictions on services by January 30 of each year. `tc1 5. Divert 2000 recipients and 500,000 potential patient days from institutionalized care to community-based care. `tc2 5a. Definition of "nursing home diversion" is available with reference to both diverted recipients and patient days by October 30, 1992. `tc2 5b. Mechanism established for collecting diversion data from long term care offices, home care corporations and other sources by October 30, 1992. `tc2 5c. Number of diversions achieved. `tc2 5d. Number of diversion cases sampled for cost comparison of community resources used with institutionalized care savings. `tc1 6. Ensure maximum placement of recipients in Section 2136 home care waiver slots. `tc2 6a. Certify waiver placement goal established for each Coordination of Care contract. `tc2 6b. Number and percent of contractors complying with goal. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4402-4200 `tc4 For a medical assistance program for recipients receiving subacute and long term care and assistance from chronic disease and rehabilitation hospitals, nursing facilities, intermediate care facilities for the mentally retarded, certain hospitals and facilities operated by the commonwealth, hospices, home health agencies, and other long term care providers; provided that expenditures from this item shall be made only for services rendered to recipients in the current fiscal year consistent with accounting requirements established by this Act; provided further, that no funds shall be expended by the department for patient centered rates of payment described in section eighty-seven of chapter one hundred and fifty of the acts of nineteen hundred and ninety by chronic disease and rehabilitation hospitals; provided further that no funds shall be expended by the department unless all rates of payment for such hospitals' nineteen hundred and ninety-three fiscal year are established by the rate setting commission pursuant to chapter six A of the General Laws and that such rates shall not be established by contract; provided further, that the department shall not selectively contract for chronic hospital services prior to July first, nineteen hundred and ninety-three; provided further, that expenditures for section 2176 home and community based waiver services shall be made from this item; provided further, that the department shall report quarterly to the house and senate committees on ways and means on such expenditures; provided further, that federal reimbursements from such expenditures shall be deposited in the General Fund; provided further, that the regulations, criteria and standards for determining admission to and continued stay in a nursing home shall not be more restrictive than those regulations, criteria and standards in effect on January first, nineteen hundred and ninety-two; provided further, that regulations for determining eligibility for personal care attendant services shall not be more restrictive than those regulations in effect on January first, nineteen hundred and ninety-two; provided further, that the department shall continue to provide the Kaleigh Mulligan home care program for disabled children; and provided further, the department shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother `tc6 $1,050,000,000 `tcol;end

PROGRAM: Medicaid Exempt Recipients and Services `t+1 PROGRAM MISSION

To provide health services and medical care to recipients exempt from managed care participation by reason of age or third party coverage and to provide family planning, dental, transportation, emergency care and other services not covered by managed care programs.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Identify date-of-service expenditures for exempt services. `tc2 1. Quarterly report published on expenditures for exempt services by category of assistance, including percent of expenditures in each category for recipients with third party coverage. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4402-4300 `tc4 For a medical assistance program for recipients not participating in managed care programs according to the terms of any waiver of Title XIX requirements approved by the Secretary of Health and Human Services; and for the purpose of providing emergency care, family planning and other waiver-exempt services to all medicaid recipients consistent with the provisions of any said waiver; provided further, that regulations for determining eligibility for personal care attendant services shall not be more restrictive than those regulations in effect on January first, nineteen hundred and ninety-two; provided further, the department shall reimburse those school and community-based adolescent health programs, which are licensed by the department of public health and are medicaid providers, for family planning services, including counseling for the prevention of sexually-transmitted diseases, provided to medicaid recipients without required pre-authorization or referral by a primary care clinician and shall pay for other adolescent health services provided by such programs to a recipient participating in the primary care clinician program whenever referred by a recipient's primary care clinician; provided further, that up to one million dollars shall be expended from this item for early screening and treatment necessary to reduce hsopitalizations and to avoid medicaid costs by delaying the onset of fully symptomatic AIDS; and provided further, the department shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother `tc6 $435,000,000 `tcol;end

PROGRAM: FY92 Expenditure Liabilities `t+1 PROGRAM MISSION

To pay incurred liabilities for services rendered and billed during FY92, and approved fiscal closure claims from previous fiscal years, in order to reconcile statutory accounting with Medicaid billing and payment cycles.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Identify provider claims for services rendered and billed in FY92 for payment in FY93. `tc2 1. Report prepared as dictated by line item language. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4402-4400 `tc4 For the payment of claims incurred in the prior fiscal year; and for the payment of fiscal closure claims incurred in previous fiscal years and for certain other special provider costs incurred in such previous fiscal years, provided that payment for special claims and costs may be made from this item only with the prior written approval of the secretary of administration and finance; provided that expenditures from this item may be made consistent with the accounting reconciliation requirements established by this Act; and provided further that the department shall report to the house and senate committees on ways and means a full accounting of said expenditures from this item by fiscal year, provider type and category of assistance not later than December first, nineteen hundred and ninety-two `tc6 $650,000,000 `tcol;end

PROGRAM 12: Prior Year Final Rates and Retroactive Settlements `t+1

PROGRAM MISSION

To pay liabilities incurred as the result of establishing final rates and settlements.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Manage payment of incurred liabilities upon certification by the Rate Setting Commission of prior year final nursing home rates. `tc2 1. Total amount of final rates paid, and refunds to be collected, by fiscal year of liability. `tc1 2. Manage payment of incurred liabilities upon certification by the Rate Setting Commission of final hospital settlements under Chapter 23 of the Acts of 1988. `tc2 2. Total amount of settlements paid, and refunds to be collected, by fiscal year. `tc1 3. Identify total remaining pre-FY92 liabilities. `tc2 3. Estimate total remaining outstanding liabilities by provider type by March 30, 1993. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4402-5002 `tc4 The department of public welfare may expend for purposes of the medical assistance program an amount not to exceed fifty million dollars from the monies received from collections of any prior year expenditures from liens, estate recoveries, retrospective rate adjustments, third party liability recoveries, and from donations, intragovernmental transfers and pharmaceutical manufacturers' rebates or other collections subject to the approval of the department; provided that federal reimbursements claimed against donations may be expended without further appropriation `tc6 $50,000,000 `tc1 4402-5200 `tc4 For the payment of expenses incurred prior to fiscal year nineteen hundred and ninety-two for nursing home retrospective settlements, hospital settlements, rate adjustments and appeals, and for costs incurred in such years for the purposes of complying with the provisions of Public Law 89-97, Title XIX; provided, that expenditures from this item shall be made only for the purposes expressly stated herein; and provided further that the department shall report to the house and senate committees on ways and means a full accounting of said expenditures by fiscal year, provider type and category of assistance not later then December first, nineteen hundred and ninety-two `tc6 $50,000,000 `tc1 4403-2000 `tc4 For a program of aid to families with dependent children; provided, that the need standard shall be equal to the standard in effect in fiscal year nineteen hundred and eighty-nine; provided further, that the payment standard shall be equal to the need standard; provided further that, the department shall, no later than September first, nineteen hundred and ninety-two, seek a federal waiver to allow an additional disregard from earnings up to one-third of the payment standard for recipients of assistance under this line item, and shall implement such waiver if approved; provided further, that a forty dollar per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing, subject to federal reimbursement; provided further, that a nonrecurring children's clothing allowance in the amount of one hundred and fifty dollars be provided to each child eligible under this program in September, nineteen hundred and ninety-two, subject to federal reimbursement; provided further, that said children's clothing allowance shall be included in the standard of need for the month of September, nineteen hundred and ninety-two; provided further, that the department shall assure that eligibility is redetermined in the month of October for any applicant made eligible for assistance by virtue of said increase in the standard of need; provided further, that benefits under this program shall not be available to those families where a child has been removed from the household pursuant to a court order after a care and protection hearing on child abuse, nor to families otherwise eligible for aid to families with dependent children but for the temporary removal of the dependent child or children from the home by the department of social services in accordance with department procedures; provided further, that child support payments collected pursuant to Title IV-D of the Social Security Act, not to exceed an amount of seventy million dollars, shall be credited to this account and may be expended without further appropriation for the purposes of this program; provided further, that certain families which suffer a reduction in benefits due to their loss of earned income and participation in retrospective budgeting may receive a supplemental benefit to compensate them for this loss; provided further, that no funds from this item shall be expended by the department or transportation services for the MassJobs or voucher day care programs; and provided further, that no funds from this item shall be expended by the department for family reunification benefits, or independent child care services `tc6 $700,356,463 `tc1 4403-2010 `tc4 For the informal child care program; provided, that not more than two dollars per child per hour shall be paid for such services, and not more than four million dollars in total shall be expended for independent child care services `tc6 $4,000,000 `tc1 4403-2013 `tc4 The department of public welfare may expend an amount not to exceed seventy million dollars, in accordance with the provisions of item 4403-2000 in section two of this act, accrued from the child support payments collected pursuant to Title IV-D of the Social Security Act, for the purposes of the program of aid to families with dependent children `tc6 $70,000,000 `tc1 4403-2100 `tc4 For the emergency assistance program for needy families and individuals; provided, that the department shall prepare and promulgate rules and regulations to prevent abuse in said program; provided further, that said rules and regulations shall include but not be limited to, a year-to-year cross check of recipients to determine if a person has received similar benefits within the past twenty-four months; provided further, that if a person has utilized emergency assistance benefits more than once within twenty-four months, the department is hereby authorized and directed to place said person on a protective payment schedule for the entire period during which said person is receiving said benefits; provided further, that no advance payments shall be paid in fiscal year nineteen hundred and ninety-three; provided further, that no funds shall be expended from this item for department of social services assessments during fiscal year nineteen hundred and ninety-three; and provided further, that no funds shall be expended for costs not directly attributable to rent or mortgage liability, utilities, and shelter; provided further, that the department is hereby authorized and directed to place a lien against the residence owned by any beneficiary of payments from this item for mortgage arrearages; provided further, that said lien shall be in the amount of said mortgage arrearage payments and interest which shall accrue thereon at the rate established by section three of chapter one hundred and seven of the General Laws; provided further; that said lien, and accrued interest, shall be payable to the commonwealth when said lien is executed; and provided further, that funds from this item expended for emergency shelter costs shall be subject to federal reimbursement; provided further, that the department shall establish a pilot program to reduce homelessness for needy families in Barnstable County pursuant to section nine of this act; provided further, that not less than two hundred and fifty thousand dollars shall be expended for the purposes of said pilot program; provided further, that no funds appropriated for said pilot program shall be expended for the administration of said program by the department, local housing authorities, or non-profit organizations; and provided further, the the department shall develop a comprehensive monthly reporting system which shall include, but not be limited to, tracking statewide use in the emergency assistance program by category of assistance, population, and the amounts expended monthly by expended monthly by category of assistance; and provided further, that the department shall submit said reports on a monthly basis to the house and senate committees on ways and means beginning no later than September, nineteen hundred and ninety-two `tc6 $35,000,000 `tc1 `tc1 4405-2000 `tc4 For the state supplement to the supplemental security income program for the aged and disabled, including a program for emergency needs for supplemental security income recipients; provided, that the expenses of special grants recipients residing in rest homes, as provided in section seven A of chapter one hundred and eighteen A of the General Laws, may be paid from this item; and provided further, that the expenses of a program to aid applicants in becoming eligible for said supplemental security income program may be paid from this item `tc6 $176,874,980 `tc1 4406-3000 `tc4 For a program of assistance to families and individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide food, shelter, housing search, and limited related services to the homeless and indigent; provided, that the department may allocate funds to other agencies for the purposes of this program; provided further, that the department shall notify the house and senate committees on ways and means of all such allocations; provided further, that the winter shelters, so-called, be operated year-round; provided further, that not less than nine million dollars shall be obligated for a contract with the Pine Street Inn located in the city of Boston; provided further, that not less than seven hundred eighty-three thousand seven hundred and two dollars be obligated for a comprehensive multi-service day treatment program for the homeless in the city of Boston; provided further, that at least as many shelter spaces as were provided for homeless families and individuals during fiscal year nineteen hundred and ninety-two be made available in fiscal year nineteen hundred and ninety-three; provided further, that of the amount appropriated herein an amount not less than three million, four hundred fifteen thousand, four hundred and sixteen dollars shall be expended for the Health Care for the Homeless programs in Boston, Worcester, and Springfield and also the Pip Shelter in Worcester, Daybreak Shelter in Lawrence, and Long Island Shelter in Boston, including not less than four hundred sixty-three thousand and ninety-six dollars for the Boston program operated by the Boston Trustees of Health and Hospitals `tc6 $34,468,823 `tc1 4408-1000 `tc4 For a program of cash assistance to certain residents of the commonwealth pursuant to chapter one hundred and seventeen A of the General Laws, entitled emergency aid to the elderly, disabled, and children, found by the department of public welfare to be eligible for such aid, pursuant to regulations promulgated by said department and subject to the limitations of appropriation therefor; provided, that the payment standard shall equal the payment standard in effect under the general relief program in fiscal year nineteen hundred and ninety-one; provided, however, that said program may include a program of medical benefits; and provided, however, that said program shall include services provided in public detoxification and outpatient substance abuse treatment centers; provided further, that a thirty-five dollar rent allowance, to the extent determined to be possible within the appropriation by the department, shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing; provided further, that the department may provide benefits to persons age sixty-five or older who have applied for benefits under chapter one hundred and eighteen A of the General Laws, to persons who suffer from a medically determinable impairment or combination of impairments which is expected to last for a period as determined by department regulations and which substantially reduces or eliminates the individual's capacity to support himself, which have been verified by a competent medical authority, to certain persons caring for a disabled person, to otherwise eligible participants in the vocational rehabilitation program of the Massachusetts rehabilitation commission, to otherwise eligible students under age twenty-one who are regularly attending full-time a grade, high school, technical or vocational school not beyond the secondary level and to dependent children, who are ineligible for benefits under chapter one hundred and eighteen of the General Laws and parents or other caretakers of dependent children who are ineligible under said chapter one hundred and eighteen; provided further, that no ex-offender, person over age forty-five without a prior work history, or person in a residential treatment facility shall be eligible for benefits under this program unless said person otherwise meets the eligibility criteria described herein and defined by regulations of the department; provided further, that any person incarcerated in a correctional institution shall not be eligible for benefits under said program; provided further, that benefits under this program shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law and shall not be provided to illegal or undocumented aliens except with respect to persons sixty-five years of age or older, persons found to be disabled by the department in accordance with this item, persons caring for a disabled person, dependent children and the parents or other caretakers of dependent children; provided further, that the department shall initially authorize benefits to persons with medical impairments where a competent medical authority has verified that the person is disabled in accordance with this act and the department's regulations; provided further; that the purposes of this act, a competent medical authority shall mean a medicaid participating medical provider designated by the department, including a physician or clinical psychologist with a doctoral degree, or a medical internist, resident or fellow, in a clinic, mental health center, hospital, community health center, or health maintenance organization, who is licensed and authorized pursuant to said license to evaluate physical or mental disorders; provided further, that the department may require such medical verification of disability to set forth the individual's diagnosis, prognosis, treatment and functional limitations using generally accepted medical criteria; provided further, that the department shall provide a referral to an appropriate medical authority to complete the evaluation if the individual cannot locate an appropriate medical authority; provided further, that the department may establish a medical review team for reviewing selected cases where a competent medical authority has verified that the individual is disabled in accordance with this act and the department's regulations, and that in performing its review, the medical review team may use a list of physical or mental incapacities designated as disabling by the department, which may take into consideration the person's age, education and job skills and which may include those impairments listed in 20 C.F.R. 404, Subpart P, Appendix I; provided, further, before determining that a person is not disabled, the medical review team shall obtain all relevant information, including but not limited to test results and medical records, from the medical authority who verified the impairment and from other competent medical authorities who have treated the individual and shall offer the individual an opportunity to submit additional medical and vocational evidence; provided further, that the department may terminate benefits if the evidence establishes that the individual does not have a severe impairment as defined in the Social Security Act; provided further, that, if the evidence established that the individual has a severe impairment, but there is insufficient evidence to establish that the individual is disabled in accordance with this act and the department's regulations, the medical review team shall arrange for examination of the individual by an independent competent medical authority and a vocational assessment and may terminate benefits if the independent competent medical authority and vocational assessment conclude that the individual is not disabled in accordance with this act and the department's regulations; provided further, that no funds shall be expended from this item for the payment of expenses associated with any medical review team, other disability screening process or costs associated with verifying disability for this program; provided further, that the department shall promulgate emergency regulations pursuant to chapter thirty A of the General Laws to implement the changes to this program required by this act promptly and within the appropriation; provided, further, that in initially implementing the program for this fiscal year, the department shall include all eligibility categories permitted herein at the payment standard in effect for the former general relief program in fiscal year nineteen hundred and ninety-one; provided further, that in promulgating, amending, or rescinding its regulations with respect to eligibility or benefits, including the payment standard, medical benefits, and any other benefits under this program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the appropriation; provided further, that notwithstanding the provisions of any general or special law or this line item to the contrary, thirty days before implementing any eligibility or benefit changes or both to the program, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for said program will be insufficient to meet projected expenses and a report setting forth such proposed changes; provided further, that said report shall contain detailed information concerning the current and proposed operation of the program, including categories of eligibility, number of eligible persons in each category, demographic information regarding said persons, services rendered to said persons, direct service costs, administrative costs, and an explanation of the need for proposed changes in eligibility requirements or benefit level or both; provided, further, that the department is authorized to promulgate emergency regulations pursuant to chapter thirty A of the General Laws to implement these eligibility or benefit changes or both; provided further, that nothing herein shall be construed as creating any right accruing to recipients of the former general relief program; provided further, that the secretary of health and human services shall report monthly to the house and senate committees on ways and means for the preceding month on the numbers of persons applying for benefits under this program, by category, age, and disability, if any, and the number of persons receiving and denied benefits under this program by category, age, and disability, if any; and provided further, that notwithstanding any general or special law to the contrary, the funds made available herein shall be the only funds available for said program, and the department shall not spend funds for said program in excess of the amount made available herein, and subject to the condition that no funds appropriated herein shall be expended for the payment of abortions not necessary to prevent the death of the mother `tc6 $108,731,868 `tc3 Department of Public Health. `tc1 4510-0100 `tc4 For the administration of the department pursuant to the provisions of chapters seventeen and one hundred eleven of the General Laws; provided, that the position of assistant commissioner shall not be subject to chapter thirty-one of the General Laws, including not more than sixty-five positions `tc6 $4,895,344 `tc1 4510-0110 `tc4 For community and other health center operational grants; provided, that notwithstanding the provisions of any general or special law to the contrary, not less than seventy thousand dollars shall be expended for the South Boston community health center; and provided further, that notwithstanding the provisions of any general or special law to the contrary, not less than one hundred fifty thousand dollars shall be expended for the Massachusetts general hospital neighborhood health center, including not more than four positions `tc6 $1,627,000 `tc1 4510-0600 `tc4 For an environmental health program, including control of radiation and nuclear hazards and consumer products protection, including food and drugs and a program of lead poisoning prevention, in accordance with chapter seven hundred and seventy-three of the acts of nineteen hundred and eighty-seven, and for the maintenance of poisoning prevention inspections teams to inspect for lead-based paint in day care facilities, and for an inspection and licensing program of x-ray technologists, including the payment of fringe and indirect costs for employees compensated under this program, and for the administration of the division of environmental epidemiology and toxicology and for the purpose of implementing certain provisions of chapter four hundred and seventy of the acts of nineteen hundred and eighty-three, the "Right-to-Know" law, so-called; provided, that the expenditures from this item for the fair packaging and labeling survey program shall be contingent upon the prior approval of the proper federal authorities for reimbursement of one hundred percent of the amounts so expended; and provided further, that not less than one hundred and fourteen thousand dollars shall be obligated for the implementation of a program to manage the disposal of low-level radioactive waste in accordance with sections seven, eight, eleven, thirteen and sixteen of chapter one hundred and eleven H of the General Laws, including not more than eighty positions `tc6 $3,180,562 `tc1 4510-0615 `tc4 The department of public health is hereby authorized to expend revenues in an amount not to exceed seventy-five thousand dollars accrued from assessments paid in accordance with section five K of chapter one hundred and eleven of the General Laws, for services provided to monitor, survey and inspect nuclear power reactors. In addition, the department is hereby authorized to expend revenues not to exceed three hundred and fifty thousand dollars from fees collected from the licensing and inspecting of users of radioactive material within the commonwealth under licenses presently issued by the nuclear regulatory commission; provided, that revenues collected may be used for all program costs including compensation of employees `tc6 $425,000 `tc1 4510-0710 `tc4 For the administration of the division of health care quality; provided, that said division shall be responsible for assuring the quality of patient care provided by the commonwealth's health care facilities and services, and protecting the health and safety of patients who receive care and services in nursing homes, rest homes, clinical laboratories, clinics, institutions for the mentally retarded and ill, hospitals and infirmaries, including the inspection of ambulance services, including not more than one hundred nineteen positions `tc6 $6,026,002 `tc1 4510-0712 `tc4 The department of public health is hereby authorized to expend revenues collected pursuant to the licensure of health facilities up to a maximum of one hundred twenty-nine thousand dollars `tc6 $129,000 `tc1 4510-0750 `tc4 For the cost of providing certificates of need, pursuant to section twenty-five C of chapter one hundred and eleven of the General Laws, including not more than three positions `tc6 $180,157 `tc1 4510-0790 `tc4 For the regional emergency medical services; provided, that the regional emergency medical services councils and the C-MED communications designated as such in accordance with 105 CMR 170.101 as of January first, nineteen hundred ninety-two shall remain the designated councils and C-MEDs; and provided further, that not less than sixty-eight thousand dollars shall be made available for region one, not less than eighty-eight thousand dollars shall be made available for region two, not less than eighty-eight thousand dollars shall be made available for region three, not less than eighty-eight thousand dollars shall be made available for region four, and not less than sixty-eight thousand dollars shall be made available for region five `tc6 $400,000 `tc5 Local Aid Fund 100.0% `tc1 4512-0103 `tc4 For the administration of the acquired immune deficiency syndrome program; provided, that not less than six hundred and seventy-nine thousand dollars be obligated to comprehensive family planning providers for AIDS prevention education; provided further, that two hundred and thirty thousand dollars and not more than four positions shall support a program of AIDS-related mental health services in Boston; and provided further, that not less than one hundred and fifty thousand dollars be obligated to services to people affected by HIV/AIDS in Western Massachusetts, including not more than twenty-seven positions `tc6 $25,213,317 `tc1 4512-0110 `tc4 For a program to provide rental subsidies to persons with AIDS for the purpose of preventing institutionalization in acute hospitals, chronic hospitals and nursing homes; provided, that the department of public health may contract for the administration of said program; provided further, that the costs of said administrative contract shall not be expended from this item; provided further, that said department shall submit a plan detailing the administration of said program to the house and senate committees on ways and means; provided further, that any such subsidies in effect on June thirtieth, nineteen hundred and ninety-one shall remain in effect until said plan is submitted; and provided further, that no funds shall be expended for subsidies for housing units in excess of the number of units funded and occupied on June thirtieth, nineteen hundred and ninety-one `tc6 $120,000 `tc1 4512-0200 `tc4 For the administration of the division of substance abuse services, including a program to reimburse driver alcohol education programs for services provided for court adjudicated indigent clients; provided, that five hundred fifty thousand three hundred fifty dollars shall be expended for a contract to furnish drug-free ambulatory recovery counseling and case management treatment; and provided further, that five hundred thousand dollars shall be expended for AIDS education for clients served by said division, including not more than twenty-five positions `tc6 $28,344,303 `tc1 4512-0225 `tc4 The commissioner of the department of public health may expend an amount not to exceed two hundred thirty thousand eight hundred and thirty-two dollars, which the state comptroller is hereby authorized and directed to transfer to the General Fund from unclaimed prize money that has been held in the State Lottery Fund for more than one year from the date of the drawing in which the prize was won, for a compulsive gamblers treatment program. Any expenditures for said program shall be subject to the approval of said commissioner `tc6 $230,832 `tc1 4512-0500 `tc4 For dental health services; provided, that dental services shall be provided to residents of the state schools for the mentally retarded and statewide community-based dental programs for persons with mental retardation, including not more than five positions `tc6 $1,524,726 `tc1 4513-1000 `tc4 For the administration of the division of family health services, including a program of maternal and child health to be in addition to any federal funds received for this program; provided, that not less than two hundred and fifty thousand dollars shall be expended on community-based perinatal outreach and education programs targeted to those communities with severe infant mortality issues; provided further, that not less than nine million three hundred fifty-five thousand six hundred thirty-nine dollars be expended for early intervention services; provided further, that not less than one million dollars shall be expended for rape prevention and victim services; and provided further, that two million six hundred thirteen thousand dollars shall be expended for family planning services provided by agencies certified as comprehensive family planning agencies, including not more than seventy-five positions `tc6 $18,541,939 `tc1 4513-1001 `tc4 For the administration of the office of violence prevention, including not more than two positions `tc6 $100,000 `tc1 4513-1002 `tc4 For the administration of the office of nutritional services to be in addition to funds received under the federal nutrition program for women, infants, and children; provided, that within thirty days of the effective date of this act the department shall report to the house and senate committees on ways and means the total number of cases which can be supported with funds from this item without incurring a deficiency; provided further, that the department shall report quarterly to the house and senate committees on ways and means on all expenditures from this item and from the federal nutrition program for women, infants and children, including the numbers of participants in each program; and provided further, that not less than six hundred and two thousand dollars shall be obligated for failure to thrive programs, including not more than ten positions `tc6 $13,000,000 `tc1 4513-1005 `tc4 For the program of medical care and assistance administered by the department pursuant to section twenty-four D of chapter one hundred and eleven, for pregnant women and infants residing in the commonwealth; provided, that pursuant to an interagency agreement established with the department of public welfare, the department of public health shall determine the eligibility for low-income pregnant women for Title XIX and women eligible for service under section one A of chapter one hundred and eighteen E of the General Laws; and provided further, that the department shall submit a report, on a quarterly basis, to the house and senate committees on ways and means which shall include, but not be limited to, the number of women served during that quarter, categories of age, types of services provided, and the expenditures made `tc6 $6,436,680 `tc1 4513-1012 `tc4 The commissioner of the department of public health may expend an amount not to exceed thirteen million dollars from revenues received from the infant formula price enhancement system, hereby authorized, for the purpose of increasing the caseload of the WIC program `tc6 $13,000,000 `tc1 4516-1000 `tc4 For the administration of the center for laboratory and communicable disease control services, including the division of communicable venereal diseases, the division of tuberculosis control, the state laboratory institute, and services to analyze samples used in prosecution of controlled substances offenses, including not more than one hundred seventy positions `tc6 $11,243,926 `tc1 4518-0100 `tc4 For the health statistics program and for the operation of a cancer registry and occupational lung disease registry, including not more than forty-five positions `tc6 $1,591,130 `tc1 4518-0200 `tc4 The department of public health is hereby authorized to expend revenues in an amount not to exceed four hundred and fifty thousand dollars accrued from fees collected from the following services; amendment of vital records by the registrar of vital records and statistics, all requests for vital records not issued in person at the offices of the registry and research performed by registry staff at the registry of vital records; provided, that revenues collected may be used for all program costs including compensation of employees `tc6 $450,000 `tc1 4530-9000 `tc4 For a program of technical assistance and purchase of services in support of implementation of comprehensive community plans for teenage pregnancy prevention; provided, that applications for such funds shall be administered through the department upon receipt and approval of coordinated community service plans to be evaluated in accordance with guidelines issued by said department; and provided further, that portions of said grants may be used for state agency purchases of designated services identified by said community service plans, including not more than two positions `tc6 $2,069,168 `tc1 4540-0900 `tc4 For the maintenance of, and for certain improvements to, the department's public health hospitals and for certain costs related to the closure of certain hospitals; provided, that Tewksbury Hospital shall not be used to house county, state or other prisoners, including not more than two thousand four hundred positions `tc6 $36,600,958 `tc1 4570-1500 `tc4 For an early breast cancer detection program, mammographies for the uninsured, breast cancer research, and a breast cancer detection public awareness program `tc6 $3,000,000 `tc1 4580-1000 `tc4 For the universal immunization program of the department, established pursuant to section one hundred forty-one of chapter six hundred fifty-three of the acts of nineteen hundred eighty-nine and section forty-five and forty-six of chapter four hundred ninety-five of the acts of nineteen hundred and ninety-one; provided, that the first ten million seven hundred thousand dollars of revenue deposited to the Health Care Access Fund shall be dedicated to the appropriation provided herein `tc6 $10,700,000 `tc5 Health Care Access Fund 100.0% `tc1 4590-0900 `tc4 The public health hospitals may expend an amount not to exceed fifty-three million seven hundred sixty-eight thousand two hundred thirty-two dollars from revenues collected subject to the approval of the commissioner of public health; provided, that such revenues may be expended for the purpose of hospital related costs, including capital expenditures and motor vehicle replacement; provided further, that all revenues expended shall be pursuant to schedules submitted to the secretary of administration and finance and the house and senate committees on ways and means; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the hospitals may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that notwithstanding any general or special law to the contrary the Lakeville hospital, Rutland Heights hospital, Cushing hospital, Lemuel Shattuck hospital, Massachusetts Hospital School, Tewksbury hospital, and Western Massachusetts hospital shall be eligible to receive both the state and federal share of reimbursements from the medical assistance program of the department of public welfare; provided further, that notwithstanding any general or special law to the contrary the Western Massachusetts hospital shall reimburse the General Fund for a portion of their employee benefit expenses, according to a schedule submitted by the commissioner of public health and approved by the secretary of administration and finance; and provided further, that such reimbursement shall not exceed ten percent of total personnel costs for this hospital `tc6 $53,768,232 `tcol;end

DEPARTMENT OF MEDICAL SECURITY `t+1 AGENCY MISSION

To administer programs that promote health care access through insurance coverage, the uncompensated care pool and other provisions of Chapter 23 of the Acts of 1988.

`tcol(*)=2,T;c1=1,35,tf;c2=43,35,tfh1 `tc1 STATUTORY REFERENCES `tc2 COMPONENT PROGRAMS `tc1 Enabling Statutes `tc2 1. Administration `tc1 M.G.L. c. 118F { 1-20 `tc2 2. Health Security Plan `tc2 3. Labor Shortage Initiative `tc2 4. Uncompensated Care Pool Administration `tc2 5. Preventive Pediatric Health Care `tc2 6. Managed Care Community Health Centers `tc2 7. Boston Health Care for the Homeless `tcol;end

PROGRAM 1: Administration `t+1 PROGRAM MISSION

To provide all budget, fiscal and personnel activities within the department, including the administration of the following major functions: contract management for on-site monitoring and auditing, and programmatic and fiscal reporting; management, transfer of funds, monitoring of bad debt, and credit and collection for the uncompensated care pool; competitive bid procurement; promulgations of regulations and; development and implementation of health care access initiatives.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Oversee departmental program performance to insure quality services and access to departmental programs. `tc2 1. One formal internal agency oversight review conducted with each program director per month. `tc1 2. Audit spending and utilization patterns for each program. `tc2 2. One formal audit and review of spending and utilization, as available, conducted per quarter. `tc1 3. Process and monitor program invoices and contracts, including spending and utilization estimates, in a timely fashion. `tc2 3a. Percent of total bills processed within 30 days. `tc2 3b. Percent of accuracy of spending trends and utilization estimates. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4600-1000 `tc4 For the administration program of the department of medical security, including not more than nineteen positions `tc6 $875,071 `tcol;end

PROGRAM 2: Health Security Plan `t+1 PROGRAM MISSION

To monitor and ensure the provision of temporary health benefits to qualified persons, whose prior year income does not exceed 400% of the federal poverty line receiving unemployment compensation, funded through employer contributions of 0.12% of each employee's wages up to a maximum $16.80 per year.

STATUTORY REFERENCES

Enabling Statute

M.G.L. c. 118F

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Reduce average length of health insurance protection required by individuals and families. `tc2 1a. Number of persons receiving health security benefits. `tc2 1b. Number of DET employees trained in HSP benefits. `tc1 2. Increase access to benefit information for eligible persons. `tc2 2a. Number of public appearances, articles, consumer liaison and outreach activities conducted. `tc2 2b. Number of brochures distributed monthly. `tcol;end

PROGRAM 3: Labor Shortage Initiative `t+1 PROGRAM MISSION

To develop and finance programs that address labor shortage problems facing acute care hospitals through initiatives to provide health care worker training, child care opportunities and develop career ladders for health care professionals, funded through an acute care hospital assessment of one-tenth of one percent of gross patient service revenues.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Increase the recruitment and retention of worker's in the health care industry. `tc2 1a. Average training cost per worker by labor shortage program. `tc2 1b. Number of workers enrolled in these programs. `tc2 1c. Number of worker career advances by type of job as a direct result of labor shortage programs. `tc1 2. To competitively bid the administration of the labor shortage programs. `tc2 2. Report on bid progress by March 1, 1993. `tc1 3. Provide contractual management implementation of a perinatal, education training, and child care programs for displaced hospital employees. `tc2 3. Percent of displaced hospital workers served in labor shortage programs. `tcol;end

PROGRAM 4: Uncompensated Care Pool Administration `t+1

PROGRAM MISSION

To monitor and promote access to acute hospital health care services for eligible uninsured or underinsured individuals by directly reimbursing acute care hospitals for free care funded by a private payor hospital bill surcharge.

STATUTORY REFERENCES

Enabling Statute

M.G.L. c. 118F { 15

Uncompensated Care Pool

St. 1991, c. 495

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Eliminate improper charges to the uncompensated care pool through utilization management activities. `tc2 1a. Percent of all acute hospital credit and collection policies reviewed annually. `tc2 1b. Increase in third-party payor uncompensated care fee payments collected over fiscal year 1992. `tc2 1c. Report Medicaid eligibility and clinical care management initiatives by November, 1992. `tc2 1d. Amount and percent of charges eliminated. `tc1 2. Promulgate new regulations describing emergency room services which can appropriately be billed as free care. `tc2 2. New departmental regulations established by October, 1992. `tc1 3. Increase effectiveness of financial management system for audit, internal accounting and accounts payable and receivable procedures. `tc2 3. Implement automated accounting system to interface with pool liability calculation by October, 1992. `tc1 4. Maximize collection of assessments from hospitals. `tc2 4. Total monthly hospital assessment collections. `tc1 5. Contract for audits of free care, including bad debt for fiscal years prior to Hospital FY92, to assure appropriateness of pool charges. `tc2 5a. Number of final audits conducted. `tc2 5b. Annual cost of audit versus savings achieved from disallowing inappropriate free care charges and bad debt. `tc1 6. Assist professional and nonprofit agencies in pursuing federal technical assistance funds available for community health centers. `tc2 6. Number of agencies receiving federal assistance and amount of assistance. `tc1 7. To track the collection of acute hospital uncompensated care fees from purchasers and third party payors. `tc2 7a. Percent and amount of uncompensated care fees uncollected from insurers and other private sector payors. `tc2 7b. Insurers and private sector payors in noncompliance of fee payment requirements. `tc2 7c. Regulations to enforce uncompensated care fee payments promulgated by September 30, 1992. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4600-1050 `tc4 For the uncompensated care pool administration program, for the costs of administering the revenues in the uncompensated care pool pursuant to section seventeen A of chapter one hundred and eighteen F of the General Laws; provided, that the department shall assist professional and nonprofit agencies dedicated to the advancement of the scope and nature of services delivered in communities and community health centers, to pursue available federal technical assistance funding; and provided further, that not less than one hundred and eighty-five thousand three hundred and fifty dollars from said revenues be expended on a statewide program of technical assistance to community health centers to be provided by a state primary care association qualified under section 330(f)(1) of the United States Public Health Service Act (42 USC 254c) `tc6 $970,196 `tcol;end

PROGRAM 5: Preventive Pediatric Health Care `t+1 PROGRAM MISSION

To implement a statewide pediatric insurance program to provide preventive and primary care services for uninsured dependent and adoptive children from birth to age six.

STATUTORY REFERENCES

Enabling Statute

M.G.L. c. 118F { 17A

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Contract for preventive and primary care services for eligible children. `tc2 1. One insurance carrier contract executed by July, 1992. `tc1 2. Complete an annual evaluation of the Preventive Pediatric Health Care program. `tc2 2. Report submitted to the Legislature by January, 1993. `tc1 3. Provide a program of pediatric health care to at-risk children. `tc2 3. Actual pediatric care enrollment, service utilization and health indices of participating children. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4600-1200 `tc4 For the preventive pediatric health care program established pursuant to section seventeen A of chapter one hundred and eighteen F of the General Laws, prior appropriation continued. `tc6 `tc5 Health Care Access Fund 100.0% `tcol;end

PROGRAM 6: Managed Care Community Health Centers `t+1 PROGRAM MISSION

To ensure access of income-eligible persons to primary health care services at independently licensed community health centers.

STATUTORY REFERENCES

Enabling Statute

M.G.L. c. 118F { 15

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Integrate CenterCare program with the free care reimbursement system. `tc2 1. Complete integration by October 1, 1992. `tc1 2. Monitor enrollment, utilization and costs of the Center Care managed care program. `tc2 2a. Number of persons enrolled in managed care program at each center. `tc2 2b. Summary of demographic characteristics of enrollees, utilization and fiscal reports. `tc2 2c. Total monthly expenditures and average cost per enrollee. `tc2 2d. Number and percent of community health centers site visited each year by the department. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4600-1210 `tc4 For the managed care program established pursuant to section seventeen A of chapter one hundred and eighteen F of the General Laws, within community health centers pursuant to regulations promulgated by the department of medical security `tc6 $4,000,000 `tc5 Health Care Access Fund 100.0% `tcol;end

PROGRAM 7: Boston Health Care for the Homeless `t+1 PROGRAM MISSION

To provide medical respite services, including sub-acute, recuperative, substance abuse and mental health counseling care, to homeless persons in the Greater Boston area who meet free care eligibility criteria.

STATUTORY REFERENCES

Enabling Statute

M.G.L. c. 118F { 17A

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Provide medical respite care to eligible persons in the Greater Boston area. `tc2 1a. Monthly spending, number assisted and service utilization. `tc2 1b. Percent of clients placed in housing. `tc2 1c. Percent of clients assisted with Supplemental Security Income (SSI) application. `tc2 1d. Actual number and occupancy rate of medical respite unit. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4600-1230 `tc4 For medical respite services provided by the Boston health care for the homeless program established pursuant to section seventeen A of chapter one hundred and eighteen F of the General Laws `tc6 $540,000 `tc5 Health Care Access Fund 100.0% `tc3 Department of Social Services. `tc1 `tc4 Notwithstanding any provision of general or special law to the contrary, the department of social services shall report monthly to the house and senate committees on ways and means and to the secretary of administration and finance the current social worker caseloads by type of case and level of social worker assigned to cases. `tc1 `tc4 Notwithstanding any provision of general or special law to the contrary, the department of social services shall report quarterly to the house and senate committees on ways and means and to the secretary of administration and finance the amount expended on basic child care contracts and vouchers, supportive child care contracts and teen parent day care funded through contracts, and shall include the total number of slots by category, occupancy by category, and the cost by category, in addition to client waiting lists at all day care centers with which the state contracts, as well as an estimate of the current unmet need for child care slots, both voucher and contract, by category. `tc1 `tc4 Notwithstanding any provision of general or special law to the contrary, the department of social services shall report quarterly to the house and senate committee on ways and means and the secretary of administration and finance the amount expended on women-at-risk services; said report shall include the number of service units by category, utilization by category, and cost by category. `tc1 `tc4 Notwithstanding any provision of any general or special law to the contrary, the department of social services shall provide spending plans to the house and senate committees on ways and means and the secretary of administration and finance for the federal grant entitled Title IV-B of the Social Security Act. `tc1 `tc4 Notwithstanding any provision of general or special law to the contrary, the department of social services shall not authorize purchased social services at a level that will cause expenditures to exceed appropriations and allocations from revolving funds; provided, that social services shall be maintained and expenditures allocated in such a manner that will not cause said services to be terminated prior to the end of the fiscal year. `tc1 4800-0015 `tc4 For the central and regional administration of the department; provided, that unless otherwise authorized to be expended, all funds including any federal reimbursements received by the department shall be credited to the General Fund; and provided further, that the department shall develop an AIDS education plan for clients served by the department, including not more than two hundred and eighty positions `tc6 $15,149,015 `tc1 4800-0016 `tc4 For the family stabilization program for non-placement families experiencing instability, including, but not limited to, school and community-based young parent programs, parent and home health aides, education and counseling services; provided, that the department shall pursue the establishment of public/private partnership agreements established for family stabilization services funded from sources other than the commonwealth; provided further, that said item shall be subject to the provisions of section ten of this act, including not more than twenty-four positions `tc6 $14,648,371 `tc1 4800-0017 `tc4 For the family unification and reunification program for non-placement families at some risk of having their children placed and for placement families whose children are expected to return home following placement, including but not limited to shelter services, substance abuse treatment, respite care and family reunification networks; provided, that the department shall pursue the establishment of public/private partnership agreements established for family unification and reunification services funded from sources other than the commonwealth; provided further, that not less than one hundred and twenty thousand dollars shall be expended for a contract for an integrated family services team in region six; provided further, that not less than eighty thousand dollars shall be expended for family support, programming, counseling, education, job skills preparation, and integrated child care for participants in region six; provided further, that not less than two hundred and ninety-eight thousand dollars shall be expended for alternative schools for students aged fourteen to sixteen who are placed before the court on children in need of services petitions (CHINS) in region six; provided further, that one hundred thousand dollars shall be allocated for an independent oversight board which shall be established pursuant to section eleven of this act to monitor the department's family preservation program; and provided further, that said item shall be subject to the provisions of section ten of this act, including not more than forty-eight positions `tc6 $23,061,891 `tc1 4800-0020 `tc4 For the delivery of permanency services to children in the care of the department, including the provision of adoption and guardianship subsidies; provided, that the department shall make assessment of all the children in its care longer than twelve months for the appropriateness of adoption; provided further, that the department shall maintain a central registry and tracking system to monitor the progress of such children in the adoption process; provided further, that the department through said program may contract with community based agencies for the purpose of providing adoption and special needs adoption services; provided further, that the department shall expend not less than one million eight hundred thousand dollars for the purchase of special needs adoption contracts located at community-based agencies; and provided further, that no funds shall be expended to provide subsidies to adoptive parents for children no longer in their care, including not more than twenty-seven positions `tc6 $33,190,999 `tc1 4800-0025 `tc4 For a program of foster care review, including not more than forty-eight positions `tc6 $1,715,523 `tc1 4800-0030 `tc4 For the delivery of foster care services to children in the care of the department, including the provision of foster care subsidies, services to foster families and reimbursements to foster parents for extraordinary expenses incurred; and provided further, that the department shall collect not less than forty-four million dollars pursuant to Title IV-E of the Social Security Act to be deposited in the General Fund; and provided further that said item shall be subject to the provisions of section ten of this act `tc6 $78,298,370 `tc1 4800-0041 `tc4 For the delivery of group care services to children in the care of the department; provided, that unless otherwise authorized to be expended any federal reimbursements received for this purpose shall be credited to the General Fund; provided further, the department shall collect revenues in an amount not less than eight hundred and fifty thousand dollars, in the aggregate, from a sliding fee scale for service for the provision of group care; provided further, that the department shall collect not less than two million eight hundred and eighty thousand dollars, in the aggregate, of SSI and SSA cash benefits received by the department on behalf of children in its care for the provision of group care; and provided further that said item shall be subject to the provisions of section ten of this act `tc6 $90,522,612 `tc1 4800-0050 `tc4 For the expenses and operations of the New Chardon Street Home for Women located in the city of Boston; provided, that the department shall collect not less than thirteen thousand, eight hundred and fifty dollars from a sliding fee scale for service, including not more than eighteen positions `tc6 $571,685 `tc1 4800-0060 `tc4 For a program of day care services, including the administration of the department's day care program; provided, that unless otherwise authorized to be expended, any federal reimbursements received for this purpose shall be credited to the General Fund; provided further, that no funds shall be expended for "extended vouchers", so-called; provided further, that day care slots shall be distributed geographically in a manner which provides fair and adequate access to day care for participants in the department of public welfare's MassJobs program; provided further, that two hundred thousand dollars shall be expended for the provision of operating support for community based child care resource and referral programs that provide direct services to parents; provided further, that the department shall collect not less than three million six hundred and forty-seven thousand nine hundred and sixty-two dollars pursuant to Title IV-A of the Social Security Act; provided further, that thirty-two million, four hundred and twenty-four thousand, and thirty dollars shall be expended to provide through contracts supportive, family preservation day care for children in need of protective services; provided further, that three million, eight hundred thousand, four hundred and eighty-six dollars shall be expended for the provision of contracted day care services to teen parents and their children; provided further, that thirty-three million, eight hundred eighteen thousand, nine hundred and eighteen dollars shall be expended for income eligible day care slots provided through contracts only; provided further, that three hundred twenty-eight thousand one hundred and forty-eight dollars shall be expended for income eligible child care vouchers, including not more than six positions `tc6 $70,786,330 `tc1 4800-0150 `tc4 For the administration of the department's area offices, including not more than three hundred positions `tc6 $15,436,401 `tc1 4800-1100 `tc4 For social workers and their expenses, including not more than two thousand and twenty-four positions `tc6 $62,885,745 `tc1 4800-1200 `tc4 For contracts with partnership agencies, so-called, for the provision of protective services; provided, that the funds herein shall be expended on contracts serving minority and mentally retarded or handicapped clients, including those partnership agency contracts serving minority and mentally retarded or handicapped clients funded from item 4800-1300 in fiscal year nineteen hundred and ninety-two `tc6 $3,250,481 `tc1 4800-1400 `tc4 For contracts for women-at-risk shelters and services; provided, that the department shall pursue the establishment of public/private partnership agreements funded from sources other than the commonwealth; provided, that not less than one million five hundred thousand dollars be expended for a unified emergency response system for battered women and at-risk children `tc6 $6,904,176 `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 Department of Mental Health. `tc1 5011-0100 `tc4 For the administration and general services of the department, including a consolidated laundry program; provided, that the department shall develop an AIDS education plan for clients served by the department, including not more than three hundred seventy positions `tc6 $16,001,816 `tc1 5046-0000 `tc4 For mental health services for adult clients; provided, that of the sum appropriated herein, not less than two hundred thousand dollars be obligated for the provision of technical assistance to non-profit agencies in order to expedite the development of community housing for the mentally ill, including not more than nine hundred positions `tc6 $201,614,787 `tc1 5046-1000 `tc4 For a program to provide rental subsidies to certain clients within the department; provided, that no funds shall be expended for subsidies for units in excess of the number of units funded and occupied on June thirtieth, nineteen hundred ninety-one; provided further, that the department shall submit a plan detailing the administration of said program to the house and senate committees on ways and means; and provided further, that any such subsidies in effect on June thirtieth, nineteen hundred and ninety-one shall remain in effect until said plan is submitted `tc6 $2,516,940 `tc1 5046-3000 `tc4 For a homelessness prevention component of the adult services program in the metropolitan Boston area `tc6 $1,000,000 `tc1 5047-4000 `tc4 For the operation of the Gaebler children's center; provided, that the Gaebler children's center shall not be closed during fiscal year nineteen hundred and ninety-three, including not more than one hundred forty-seven positions `tc6 $7,078,734 `tc1 5047-5000 `tc4 For mental health services for children and adolescents, including not more than seventy-three positions `tc6 $45,285,201 `tc1 5047-6000 `tc4 For the ventura project of the child and adolescent services program `tc6 $4,000,000 `tc1 5049-0000 `tc4 For forensic mental health services, including not more than fifty-two positions `tc6 $5,317,704 `tc1 5051-0100 `tc4 For the operation of community mental health centers; provided that prior to the privatization, consolidation or closure of any community mental health center the secretary of administration and finance shall file a cost benefit analysis of any such privatization, consolidation or closure; provided further, that no community mental health center shall be closed, consolidated or privatized unless authorized by legislation enacted by the General Court and signed by the governor, including not more than one thousand six hundred positions `tc6 $79,027,069 `tc1 5095-0000 `tc4 For mental health hospital facilities; provided, that prior to the privatization, consolidation or closure of any inpatient unit, paid through this line item, the secretary of administration and finance shall file a cost benefit analysis of any such privatization, consolidation or closure; provided further, that no inpatient unit, paid through this line item, shall be closed, consolidated or privatized unless authorized by legislation enacted by the General Court and signed by the governor; and provided further, that not less than sixty-four thousand dollars be expended for the service of two full-time equivalent Orthodox chaplains, including not more than three thousand two hundred twenty-four positions `tc6 $119,871,840 `tcol;end

DEPARTMENT OF MENTAL RETARDATION `t+1 AGENCY MISSION

To ensure that services provided to people with mental retardation are of high quality, individually responsive, and create opportunities for people to become fully integrated into the community by promoting individual development and encouraging family involvement.

`tcol(*)=2,T;c1=1,35,tf;c2=43,35,tf `tc1 STATUTORY REFERENCES `tc2 COMPONENT PROGRAMS `tc1 Enabling Statute `tc2 1. Administration `tc1 M.G.L. c. 19B `tc2 2. Community Services `tc1 Cooperation with Rehabilitation Commission `tc2 3. Facility Services `tc1 M.G.L. c. 6 { 81 `tc1 Special Education `tc1 M.G.L. c. 71B { 1-3, 9, 10 `tcol;end

`t+1 PROGRAM 1: Administration `t+1 PROGRAM MISSION

To manage agency operations, implement the facility consolidation plan, and strategically plan the effective and cost efficient delivery of services.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Review program objectives, performance measures, and input resources at monthly meetings with program directors. `tc2 1a. Monthly meetings with program directors to refine performance achievements. `tc2 1b. Report on performance achievements. `tc1 2. Manage and coordinate the phase-down of Belchertown State School. `tc2 2. Phase-down timetable updated by facility. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 5911-1000 `tc4 For the administration program of the department pursuant to the provisions of chapter nineteen B of the General Laws, including not more than ninety-four positions `tc6 $4,718,373 `tc1 5911-2000 `tc4 For the transportation component of the administration program of the department for mentally retarded persons receiving services through the department; provided, that the department provide such service on the basis of priority of needs as determined by the department `tc6 $24,751,785 `tcol;end

PROGRAM 2: Community Services `t+1 PROGRAM MISSION

To create opportunities for children, adolescents, and adults with mental retardation to become fully integrated participants in the community by promoting individual development and supporting family involvement, and to provide appropriate residential, day, and support services to the individuals each year who turn twenty-two years of age and graduate from special education programs.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Implement a state plan to appropriately place persons with mental retardation and related conditions in Medicaid-certified nursing facilities. `tc2 1a. Number and percent of individuals in nursing homes assessed annually. `tc2 1b. Number of individuals receiving active treatment or alternative placement. `tc1 2. Provide residential services in community settings to adult population. `tc2 2a. Number of adults in residential services. `tc2 2b. Number of adults in residential services compared to the prior year. `tc2 2c. Average cost per adult in residential service. `tc1 3. Provide respite services to eligible adult individuals. `tc2 3a. Number of total adult population receiving respite services. `tc2 3b. Number of adults eligible for and total number on waiting lists for respite services. `tc2 3c. Average cost per adult receiving respite services. `tc1 4. Provide residential services in community settings to child and adolescent population. `tc2 4a. Number of children and adolescents in residential services. `tc2 4b. Number of children and adolescents in residential services compared to the prior year. `tc2 4c. Average cost per child and adolescent in residential settings. `tc1 5. Provide respite services to eligible children and adolescents. `tc2 5a. Number of children and adolescents receiving respite services. `tc2 5b. Total number of children and adolescents eligible for, and total number on waiting list for, respite services. `tc2 5c. Average cost per child and adolescent receiving respite services. `tc1 6. Develop individual transition plans to document service needs for eligible individuals who turn twenty-two years of age. `tc2 6. Number and percent of turning twenty-two population receiving individual transition plans. `tc1 7. Provide residential services to eligible individuals who turn twenty-two years of age. `tc2 7a. Number of eligible individuals placed in community residential settings. `tc2 7b. Percent of individuals placed compared to total eligible for residential services. `tc2 7c. Eligible individuals in residential settings compared to the prior year. `tc1 8. Provide day and support services to qualified individuals who turn twenty-two years of age. `tc2 8a. Number of eligible individuals who receive day and support services. `tc2 8b. Percent of individuals receiving day and support services. `tc2 8c. Eligible individuals in day and support services compared to the prior year. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 5920-1000 `tc4 For the administration and program support component of the community services program for adults, adolescents, and children with mental retardation, including not more than one hundred fifty positions `tc6 $8,311,045 `tc1 5920-2000 `tc4 For the residential and day component of the community services program for adults, adolescents, and children with mental retardation; provided, that a maintenance of effort be made to continue services to retarded persons in the community who are not eligible for services through chapter seventy-one B of the General Laws or consent decrees; provided further, that the amounts herein appropriated shall be distributed equitably among the regions served, based on the percentage of eligible clients in said region; provided further, that of this amount not more than thirty-two million two hundred thousand dollars be expended for the operation of state-operated community programs opened prior to September first, nineteen hundred and ninety-one; provided further, that not more than six million seven hundred thousand dollars shall be expended for turning twenty-two clients funded through line-item 5911-0006 in fiscal year nineteen hundred and ninety-two; and provided further, that expenses previously associated with the Belchertown state school shall be paid from this item, including not more than one thousand eight hundred positions `tc6 $311,121,742 `tc1 5920-3000 `tc4 For the respite services component of the community services program for adults, children, and adolescents `tc6 $16,653,077 `tc1 5920-4000 `tc4 For the residential and support component of the community services program for adolescents and children with mental retardation not provided under the provisions of law pertaining to special education `tc6 $3,536,077 `tc1 5920-5000 `tc4 For the turning twenty-two component of the community services program of the department `tc6 $3,000,000 `tcol;end

PROGRAM 3: Facility Services `t+1 PROGRAM MISSION

To provide appropriate twenty-four hour a day seven days a week institutionalized care for adults with mental retardation to meet Title XIX standards.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Operate state schools for the mentally retarded. `tc2 1a. Monthly census by facility. `tc2 1b. Percent of residential capacity filled by facility. `tc2 1c. Number and total expenditures on fee-for-service medical contracts. `tc2 1d. Monthly staff per patient ratio by facility. `tc2 1e. Average monthly cost per client by facility. `tc1 2. Complete the phase-down of Belchertown State School. `tc2 2a. Number of patients transferred, by type of community setting. `tc2 2b. Number and percent of total placements within the "area of meaningful tie". `tc2 2c. Facility transferred to the Division of Capital Plannings and Operations by November 1, 1992. `tc1 3. Operate Intermediate Care Facility for the Mentally Retarded (ICFMRs). `tc2 3a. Monthly ICFMR census. `tc2 3b. Average monthly staff per patient ratio. `tc2 3c. Average monthly cost per client. `tc2 3d. Average cost per client compared to the average cost per client in state schools. `tc2 3e. Average revenue per client compared to the average revenue per client in state schools. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 5930-1000 `tc4 For the facility services program for the mentally retarded; provided, that the department may expend funds as needed, pursuant to schedules filed with the secretary of administration and finance and the house and senate committees on ways and means, for a facility maintenance crew to provide minimum maintenance to buildings at Belchertown state school following its phase-down; provided further, that notwithstanding the provisions of any general or special law to the contrary, the division of capital planning and operations shall continue to provide uninterrupted sewerage service to residents of the town of Belchertown who are currently attached to the sewerage system of the Belchertown state school; provided further, that said division shall not increase the town's current financial obligation to the operation of the sewerage treatment plant before June thirtieth, nineteen hundred and ninety-three; provided further, that the department shall immediately seek all appropriate federal waivers to meet the provisions of this item; provided further, that seventy-two thousand nine hundred dollars shall be expended for a program of selling milk and livestock; and provided further, that not more than twenty-one million two hundred eighteen thousand dollars shall be allotted to the department for each month's expenditures beginning on September first, nineteen hundred ninety-two, including not more than eight thousand four hundred fifty positions `tc6 $249,755,834 `tc3 Executive Office of Transportation and Construction. `tc1 6000-0100 `tc4 For the office of the secretary of transportation and construction; provided, that the office shall submit quarterly expenditure reports on all employees or contract personnel funded through capital outlay monies including not more than seven positions `tc6 $332,355 `tc5 Highway Fund 100.0% `tc1 6000-0110 `tc4 The executive office of transportation and construction may expend, for the purpose of property management and maintenance of railroad properties owned by said executive office on behalf of the commonwealth, including the cost of personnel, an amount not to exceed twenty-eight thousand three hundred and forty-nine dollars from the rents and fees received pursuant to section four of chapter one hundred and sixty-one C of the General Laws `tc6 $28,349 `tc1 6000-2000 `tc4 For local construction aid; provided, that grant funds appropriated herein shall be for certain projects for the construction, reconstruction, and improvement of town and county ways defined in subdivision (a) of clause (2) of section thirty-four of chapter ninety of the General Laws; provided further, that funds appropriated herein shall be available as grants to cities and towns pursuant to the distribution formula established in subparagraph (c) of section three of chapter thirty-three of the acts of nineteen hundred ninety-one; provided however, that funds appropriated herein shall be in addition to the distribution requirements of clause (c) of section thirteen of chapter sixty-four of the General Laws `tc6 $36,898,950 `tc5 Infrastructure Fund 100.0% `tc1 6005-0011 `tc4 For additional assistance to the Massachusetts Bay Transportation Authority in accordance with the provisions of sections six and nine of chapter eight hundred and twenty-five of the acts of nineteen hundred and seventy-four, as amended by section four of chapter two hundred and ninety-one of the acts of nineteen hundred and seventy-five; provided, that the operating expenses for the Massachusetts Bay Transportation Authority for its fiscal year ending June thirtieth, nineteen hundred and ninety-three shall not exceed one hundred and five percent of operating expenses for its fiscal year ending June thirtieth, nineteen hundred and ninety-two `tc6 $294,498,121 `tc5 General Fund 80.0% `tc5 Highway Fund 20.0% `tc1 6005-0012 `tc4 For certain debt service contract assistance to the Massachusetts Bay Transportation Authority in accordance with the provisions of section twenty-eight of chapter one hundred and sixty-one A of the General Laws `tc6 $185,865,679 `tc5 General Fund 80.0% Highway Fund 20.0% `tc1 6005-0015 `tc4 For certain assistance to regional transit authorities; provided, that not less than six hundred and forty thousand dollars be obligated for programs of operating grants and reimbursements to increase the accessibility of transit provided to the elderly and disabled under the mobility assistance program, the regional transit authority program, and the intercity bus capital assistance program; provided further, that the commonwealth, acting by and through the executive office for administration and finance, for the period beginning July first, nineteen hundred and ninety-two and ending June thirtieth, nineteen hundred and ninety-three, may enter into contracts with the authorities; provided further, that notwithstanding the provisions of section one hundred and fifty-two A of chapter one hundred and sixty-one, and of section twenty-three of chapter one hundred and sixty-one B of the General Laws, at least fifty percent and up to seventy-five percent of the net cost of service of each authority incurred in fiscal year nineteen hundred and ninety-two shall be paid by the commonwealth, and shall not be assessed upon the cities and towns constituting the authorities; provided further, that the operating expenses for each regional transit authorities for its fiscal year ending June thirtieth, nineteen hundred and ninety-three shall not exceed one hundred and five percent of its operating expenses for fiscal year ending June thirtieth, nineteen hundred and ninety-two; and provided further, that service expansion due to the brokered transportation program shall not be included in any operating expenses cap `tc6 $31,524,090 `tc5 General Fund 80.0% Highway Fund 20.0% `tc1 6005-0017 `tc4 For the certain payments to cities and towns as authorized by clause (c) of section thirteen of chapter sixty-four A, clause (b) of section thirteen of chapter sixty-four E and clause (b) of section fourteen of chapter sixty-four F of the General Laws; provided, that the amounts herein appropriated are in full satisfaction of the amounts payable pursuant to said clauses for the nineteen hundred and ninety-three fiscal year `tc6 $43,075,655 `tc5 Highway Fund 100.0% `tc1 6005-0018 `tc4 For additional contract assistance to be allocated by the Massachusetts Bay Transportation Authority for the net additional expenses of commuter rail service provided to and on behalf of the regional transit authorities and cities and towns outside the Massachusetts Bay Transportation Authority district for fiscal year nineteen hundred and ninety-two, including funds for the net additional expense of bus service provided to and on behalf of the regional transit authorities and cities and towns outside the Massachusetts Bay Transportation Authority for fiscal year nineteen hundred and ninety-three, in the amounts determined to be appropriate by the executive office for administration and finance, acting on behalf of the commonwealth, on the recommendation of the secretary of the executive office of transportation and construction; provided, that said additional expense of bus service shall be two million dollars, in accordance with the provisions of section twenty-eight A of chapter one hundred and sixty-one A of the General Laws as amended in section forty-five of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five `tc6 $14,913,338 `tc5 General Fund 80.0% Highway Fund 20.0% `tc2 Massachusetts Aeronautics Commission. `tc1 6006-0003 `tc4 For the aviation regulation and enhancement program of the commission, including the expenses of the commissioners; provided, that not less than four hundred fifty-six thousand dollars shall be expended on the expenses of airport development projects and related expenses as authorized by section thirteen of chapter sixty-four A of the General Laws, as amended by section forty of chapter one hundred and twenty-one of the acts of nineteen hundred and ninety, including not more than thirteen positions `tc6 $676,861 `tc2 Department of Highways. `tc1 6010-0001 `tc4 For personnel services of the department; for certain administrative and engineering expenses and equipment of the commission, the office of the highways commissioner and the division of administrative services, highway engineering, highway maintenance, highway construction and the district and other highway activity offices, and for materials, supplies, fleet maintenance and equipment, and for maintenance and operation of state highways and bridges; provided, that notwithstanding the provisions of any administrative bulletin, general or special law to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the department of procurement and general services; provided further, that the department shall not be subject to the provisions of section thirty-six A of chapter thirty of the General Laws and section twenty-two of chapter seven of the General Laws, but shall submit requests to repair vehicles costing in excess of the limit pursuant to said section twenty-two of said chapter seven to the secretary of transportation and construction for approval; and provided further, that the department shall provide the house and senate committees on ways and means a quarterly report of repairs requiring said secretary's approval, including not more than two thousand positions `tc6 $77,415,577 `tc5 Highway Fund 100.0% `tc1 6020-2505 `tc4 For the administration of the outdoor advertising board, including not more than three positions `tc6 $170,000 `tc5 Highway Fund 100.0% `tc1 6030-7201 `tc4 For the expenses of snow and ice control on state highways, including the cost of sand, salt, and other control chemicals; provided, that any surplus after April fifteenth, nineteen hundred and ninety-three may be expended for bridge and highway maintenance and repairs `tc6 $17,000,000 `tc5 Highway Fund 100.0% `tc3 Board of Library Commissioners. `tc1 7000-9101 `tc4 For the administration and expenses of the board of library commissioners, including not more than twenty positions `tc6 $671,631 `tc5 Local Aid Fund 100.0% `tc1 7000-9401 `tc4 For state aid to regional public libraries; provided, that the board of library commissioners may provide quarterly advances of funds for purposes authorized by section nineteen C (1) and (2) of chapter seventy-eight of the General Laws, as it deems proper, to the regional public library systems throughout each fiscal year, in compliance with the office of the comptroller's regulations on state grants, 815 CMR 2.00; provided further, that notwithstanding the provisions of section nineteen C of chapter seventy-eight of the General Laws or any other general or special law to the contrary, the Boston Public Library shall, as the library of last recourse for reference and research services for the commonwealth, be paid from this item an amount equal to seventy-six and eight-tenths cents per resident in the commonwealth; provided further, that notwithstanding the provision of any general or special law to the contrary, no regional public library shall receive any money under this item in any year when the appropriation of the city or town where such regional public library is located to such regional public library is below an amount equal to ninety-five percent of the average of the appropriations for free public library service for the three years immediately preceding; and provided further, that, notwithstanding the provisions of this section, the board of library commissioners may grant waivers, in a number not to exceed one-tenth the number permitted pursuant to the sixth paragraph of section nineteen A of chapter seventy-eight of the Massachusetts General Laws as appearing in the 1990 edition to any library not receiving funds as a library of last recourse for a period of no more than one year `tc6 $10,526,453 `tc5 Local Aid Fund 100.0% `tc1 7000-9402 `tc4 For the purposes of a talking book library `tc6 $124,165 `tc5 Local Aid Fund 100.0% `tc1 7000-9406 `tc4 For the administration of a talking book program, including the administration and operation of the machine lending agency `tc6 $838,751 `tc5 Local Aid Fund 100.0% `tc1 7000-9411 `tc4 For the state reimbursement of a library construction project in West Bridgewater `tc6 $186,000 `tc1 7000-9501 `tc4 For state aid to public libraries; provided, that notwithstanding the provision of any general or special law to the contrary, no city or town shall receive any money under this item in any year when the appropriation of said city or town for free public library services is below an amount equal to ninety-five percent of the average of the appropriations for free public library service for the three years immediately preceding; provided further, that, notwithstanding the provisions of this section, the board of library commissioners may grant waivers, in a number not to exceed two and one-half the number permitted pursuant to the sixth paragraph of section nineteen A of chapter seventy-eight of the Massachusetts General Laws as appearing in the 1990 edition, to any library not receiving funds as a library of last recourse for a period of no more than one year; and provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city or town and held as a separate account and shall be expended by the public library of such city or town without appropriation, notwithstanding the provisions of any general or special law to the contrary `tc6 $5,660,779 `tc5 Local Aid Fund 100.0% `tc1 7000-9506 `tc4 For telecommunication expenses of automated resource sharing networks and their member libraries `tc6 $182,962 `tc5 Local Aid Fund 100.0% `tc3 Executive Office of Education. `tc1 7005-0001 `tc4 For the office of the secretary of education, including not more than seventeen positions `tc6 $913,790 `tc1 7005-0003 `tc4 For the school of excellence program at public or private institutions of higher education; provided, that every effort be made to recruit and serve equal numbers of male and female students; and provided further, that the secretary of education shall establish regulations governing the program `tc6 $500,000 `tc1 7005-0005 `tc4 For the expenses of the New England Board of Higher Education and for the expenses of the members of said board `tc6 $454,131 `tc1 7005-1000 `tc4 For fiscal year nineteen hundred and ninety-three reimbursements to certain cities and towns or regional school districts for losses incurred under the provisions of section six of this act; provided, however, that the amount of such reimbursement for any city or town or regional school district shall be limited to fifty percent of the loss of so-called chapter 70 funds due to the provisions of said section except in the case of any such city, town or regional school district which incurs a loss equal to or greater than two percent of its total school budget, in which case said limit shall be seventy-five percent; provided further, that to qualify for such reimbursement any community or regional school district shall submit an application for such reimbursement to the secretary of education on or before October first, nineteen hundred and ninety-two together with an educational corrective action plan containing information, recommendations, and suggestions relative to (1) areas needing improvement within the school system of the applicant, (2) methods of improvement to be employed, (3) goals and objectives of said improvement, (4) evaluation and control methods to be used, (5) personnel to be engaged in such improvement, (6) results intended to be accomplished within one year from the date of application, and (7) methods of increasing parental involvement to be employed; provided further, that any community or regional school district that has a previously approved plan need not refile said plan; provided further, that approval of said plan by said secretary shall act as a condition precedent to the distribution of funds from this item to the applicant community or regional school district; and provided further, that after all of the above obligations have been met any remaining balance in this account may be transferred to item 0610-1500 of section two of this act for the purpose of reimbursing said item for payments made on behalf of students residing within a city, town, or regional school district that does not receive any so-called chapter 70 funds during fiscal year nineteen hundred and ninety-three `tc6 $4,500,000 `tc5 Local Aid Fund 100.0% `tc3 Department of Education. `tc3 Board of Education and Commissioner's Office. `tc1 7010-0005 `tc4 For the general administration of the department, including not more than one hundred and sixty positions `tc6 $7,411,304 `tc1 7010-0008 `tc4 For the purchase of equipment and services to automate the teacher certification system `tc6 $139,738 `tc5 Local Aid Fund 100.0% `tc1 7010-0012 `tc4 For grants to cities, towns, or regional school districts for payments of certain costs incurred under the program for the elimination of racial imbalance; provided, that grants to a city, town, or regional school district shall be limited to actual and specifically documented incremental costs including those costs pursuant to chapter seventy-one B of the General Laws incurred as direct consequence of participation in the program whenever the reimbursements requested by such city, town, or regional school district exceed the level of reimbursement received in fiscal year nineteen hundred and seventy-seven; and provided further, that the division of elementary, secondary, and occupational education shall contract with a qualified minority business enterprise experienced in the administration of public school transportation systems and programs to alleviate racial imbalance `tc6 $12,031,328 `tc5 Local Aid Fund 100.0% `tc1 7010-0025 `tc4 For the development, administration and scoring of a statewide assessment test and a statewide basic skills test `tc6 $1,106,000 `tc5 Local Aid Fund 100.0% `tc1 7010-0042 `tc4 For grants to cities, towns, or regional school districts for the cost of providing magnet educational programs in accordance with the provisions of section thirty-seven I and thirty-seven J of chapter seventy-one of the General Laws; provided, that any payment made under this appropriation shall be deposited with the treasurer of such city, town or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without appropriation, notwithstanding the provisions of any general or special law to the contrary; provided further, that any portion of this appropriation item may be expended by the state board of education to purchase magnet educational programs; and provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount of this appropriation `tc6 $4,800,000 `tc5 Local Aid Fund 100.0% `tc1 7010-0043 `tc4 For grants for the Equal Education Improvement Fund for cities, towns, or regional school districts under the provisions of section one I of chapter fifteen of the General Laws; provided, that notwithstanding the provisions of said section one I or section thirty-seven D of chapter seventy-one of the General Laws, pupils qualifying for funding under the Equal Education Improvement Fund shall also include those of Hispanic and Southeast Asian origin; provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town or regional school district without appropriation, notwithstanding the provisions of any general or special laws to the contrary; and provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount of this appropriation `tc6 $8,448,000 `tc5 Local Aid Fund 100.0% `tc1 7027-0016 `tc4 For matching grants for various school-to-work programs; provided, that the board of education shall establish guidelines for said programs in consultation with the secretary of economic affairs; provided further, that any funds that are distributed under this item to cities, towns, or regional school districts shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee without further appropriation; provided further, that each grant awarded herein shall be matched by the recipient from local, federal or private funds; provided further, that the board of education may determine the percentage match required on an individual grant basis; and provided further, that the department of education may reimburse grant recipients for prior year expenditures `tc6 $864,000 `tc5 Local Aid Fund 100.0% `tc1 7028-0031 `tc4 For the expenses of school age children in institutional school departments as required under section twelve of chapter seventy-one B of the General Laws; provided, that the department is authorized to provide special education services to eligible inmates in county houses of correction, including not more than eighty positions `tc6 $8,310,672 `tc5 Local Aid Fund 100.0% `tc1 7028-0302 `tc4 For the educational expenses of certain school age children with special needs attending schools under the provisions of section ten of chapter seventy-one B of the General Laws, for the educational expenses of school age children with special needs attending day or residential programs who have no father or mother or guardian living in the commonwealth, and for expenses relating to the provision of special education to certain children transferred from the department of public welfare to the department of education; provided, that said children transferred from the department of public welfare to the department of education were placed by the department of public welfare in a private special education program as of September first, nineteen hundred and seventy-four, have continued to attend such program at the expense of the department of public welfare up to the date of said transfer, and continue to need such special education program; provided further, that notwithstanding the provisions of any general or special law to the contrary, all increases in the rate paid to an institution or school for services provided in prior fiscal years and prior fiscal years' tuition and transportation reimbursements may be funded with monies appropriated herein; and provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount of this appropriation `tc6 $4,139,612 `tc5 Local Aid Fund 100.0% `tc1 7030-1000 `tc4 For grants to cities, towns, regional school districts and educational collaboratives for early childhood education programs, pursuant to the provisions of section fifty-four of chapter fifteen of the General Laws; provided, that seventy-five percent of said funds shall be allocated to programs serving low income sites, as determined by the board of education; provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without appropriation, notwithstanding the provisions of any general or special law to the contrary; provided further, that the commissioner of education may expend funds from this item for grants to head start programs at his discretion; and provided further, that of the sum appropriated herein, any monies expended for the purpose of the Head Start program shall be used exclusively to fund new program slots `tc6 $12,912,938 `tc5 Local Aid Fund 100.0% `tc1 7030-1500 `tc4 For grants to head start programs `tc6 $6,000,000 `tc5 Local Aid Fund 100.0% `tc1 7030-2000 `tc4 For grants to cities, towns, regional school districts and education collaboratives for basic skills remediation programs for students in grades one through nine and dropout prevention programs for students in grades seven through twelve, pursuant to the provision of section fifty-two of chapter fifteen of the General Laws; provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, regional school district or educational collaborative and held as a separate account and shall be expended by the school committee of such city, town, regional school district or educational collaborative without appropriation, notwithstanding the provisions of any general or special law to the contrary `tc6 $1,967,984 `tc5 Local Aid Fund 100.0% `tc1 7032-0500 `tc4 For grants to cities, towns and regional school districts for school-based comprehensive health education and human services in schools; provided, that any funds distributed under this item shall be deposited with the treasurer of said city, town, or regional school district held in a separate account and shall be expended without further appropriation by the school committee `tc6 $1,000,000 `tc5 Local Aid Fund 100.0% `tc1 7035-0002 `tc4 For the expenses of providing and strengthening basic educational attainment and work-related programs in reading, writing and mathematics at adult learning centers `tc6 $4,205,465 `tc5 Local Aid Fund 100.0% `tc1 7035-0004 `tc4 For reimbursements to cities, towns and regional school districts and independent vocational schools for certain expenditures for transportation of pupils pursuant to the provisions of section one I of chapter fifteen of the General Laws, sections seven A, seven B, and thirty-seven D of chapter seventy-one of the General Laws, section eight of chapter seventy-one A of the General Laws, section fourteen of chapter seventy-one B of the General Laws, and section eight A of chapter seventy-four of the General Laws; provided, that of the amount appropriated herein, not less than one million five hundred thousand dollars shall be obligated for the implementation of chapter six hundred and sixty-three of the acts of nineteen hundred and eighty-three; provided further, that any city, town or regional school district or independent vocational school which has not accepted the provisions of chapter six hundred and sixty-three of the acts of nineteen hundred and eighty-three shall be ineligible for any reimbursement of costs incurred during fiscal year nineteen hundred and ninety-two under this item or for reimbursement of such costs under any of the provisions of general law referred to herein; and provided further, that notwithstanding any general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein `tc6 $57,600,000 `tc5 Local Aid Fund 100.0% `tc1 7035-0006 `tc4 For the reimbursement of regional school districts for the transportation of pupils; provided, that notwithstanding any general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein `tc6 $26,939,604 `tc5 Local Aid Fund 100.0% `tc1 7052-0003 `tc4 For school building assistance grants and reimbursements for projects to eliminate racial imbalance under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight, for first annual payments on school projects; provided, that the aggregate amount of first annual estimated payments for school projects approved by the board of education under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight in the fiscal year ending June thirtieth, nineteen hundred and ninety-three shall not exceed six million three hundred and forty-nine thousand and two hundred dollars for projects ordered or approved by a court as necessary for desegregation or such projects as may be required in the judgement of said board to reduce or eliminate racial imbalance; and provided further, that a report shall be filed semiannually by the board of education with the house and senate committees on ways and means regarding funding commitments `tc6 $5,358,000 `tc5 Local Aid Fund 100.0% `tc1 7052-0004 `tc4 For school building assistance grants and reimbursements for cities and towns not subject to court ordered or board of education racial imbalance plans under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight, for first annual payments on school projects; provided, that the aggregate amount of first annual estimated payments for school projects approved by the board of education under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight in the fiscal year ending June thirtieth, nineteen hundred and ninety-three shall not exceed nine million two hundred thirty-two thousand and eight hundred dollars; provided further, that notwithstanding any general or special law to the contrary, the board of education is prohibited from authorizing the expenditure of funds for new school building assistance projects until such time as the existing pool of approved projects on the fiscal year nineteen hundred and ninety-two priority list "so-called" are funded; provided further, that a report shall be filed semiannually by the board of education with the house and senate committees on ways and means regarding funding commitments; and provided further, that those projects on the fiscal year nineteen hundred and ninety-two priority list which have not been reached in fiscal year nineteen hundred and ninety-three shall be given priority before any new projects when such list is prepared for fiscal year nineteen hundred and ninety-four `tc6 $3,572,000 `tc5 Local Aid Fund 100.0% `tc1 7052-0005 `tc4 For grants and reimbursements to cities, towns, regional school districts and counties under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight for annual payments on accounts of school projects on which the first annual payment has been made `tc6 $136,000,000 `tc5 Local Aid Fund 100.0% `tc1 7052-0006 `tc4 For grants and reimbursements for cities, towns, regional school districts and counties under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight, for (a) educational, engineering and architectural services for regional school districts, (b) surveys made of school building needs and conditions, (c) matching stabilization fund payments, (d) costs of leasing buildings for vocational programs and originally equipping and furnishing said buildings for vocational programs, and (e) for payments associated with admission to a regional school district; provided, however, that not less than two hundred and fifty thousand dollars be expended for the purposes of clauses (a) and (b) of this item `tc6 $673,000 `tc5 Local Aid Fund 100.0% `tc1 7052-0007 `tc4 For grants and reimbursements to cities, towns, regional school districts and counties for the purposes of the school building assistance program under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight; provided, that of the amount appropriated herein, the board of education may authorize one time payments of the total reimbursement due to cities and towns for school buildings which are structurally unsound or otherwise in a condition jeopardizing the safety of school children `tc6 $5,365,732 `tc1 7053-1909 `tc4 For reimbursement of cities and towns for partial assistance in the furnishing of lunches to school children, including partial assistance in the furnishing of lunches to school children as authorized by chapter five hundred and thirty-eight of the acts of nineteen hundred and fifty-one, and for supplementing funds allocated for the special milk program; provided, that notwithstanding any provisions of any general or special law to the contrary, payments so authorized in the aggregate for partial assistance in the furnishing of lunches to school children shall not exceed the required state revenue match contained in Public Law 79-396, as amended, cited as the national school lunch act, and in the regulations implementing said act `tc6 $5,426,986 `tc5 Local Aid Fund 100.0% `tc1 7053-1925 `tc4 For the school breakfast program; provided, that of the sum appropriated herein, not less than five hundred thousand dollars shall be expended for the summer food service and school breakfast outreach programs, including reimbursement of municipal expenses `tc6 $850,000 `tc5 Local Aid Fund 100.0% `tc1 7061-0003 `tc4 For the reimbursement of regional school districts of the amount of school aid due under the provisions of section sixteen D of chapter seventy-one of the General Laws; provided, that notwithstanding any provisions of chapter seventy-one or any other general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein; and provided further, that the amount paid to regional school districts from this item in fiscal year nineteen hundred and ninety-three shall be equivalent to the amounts listed in section three of this act; provided further, that the Whitman Hanson Regional School District shall receive one hundred and seventy-three thousand six hundred and thirty-seven dollars in expansion incentive aid pursuant to section sixteen D of chapter seventy-one of the General Laws; provided further that said expansion incentive aid shall be distributed to the Whitman Hanson regional school district in addition to the amounts listed in section three of this act; and provided further, notwithstanding any special or general law to the contrary, regional district school committees shall reassess each member municipality based on the number at the end of this item; provided further, that the reassessment shall comply with chapter seventy-one, section sixteen B as appearing in the 1988 Official Edition and as amended by chapter three hundred and fifty-six of the acts of nineteen hundred and ninety `tc6 $100,424,805 `tc5 Local Aid Fund 100.00% `tc1 7061-0008 `tc4 For school aid, to cities, towns, regional school districts, counties maintaining agricultural schools and independent vocational schools to be distributed pursuant to the provisions of section three of this act `tc6 $898,131,787 `tc5 Local Aid Fund 100.0% `tc1 7061-0012 `tc4 For the non-educational costs of the residential school program for students placed by a local school district or ordered by the bureau of special education on appeals, as provided under chapter seventy-one B of the General Laws; provided, that subject to rules and regulations promulgated by the commissioner of education, each city and town shall verify to the commonwealth the cost thereof and upon approval of the commissioner the state treasurer shall be authorized to make such payments directly to the service provider for services provided on or after July first, nineteen hundred and ninety-two; provided further, that not more than one million two hundred and fifty thousand dollars may be used to fund voluntary pilot programs between the department of education and the department of mental retardation to develop community-based support services for children and their families; provided further, that the amount spent for a particular student shall not exceed the amount of tuition funds allocated for the student at the time of transition into pilot program; provided further, that funding provided herein may reimburse private schools for prior fiscal year's tuition; and provided further, that the commonwealth shall not pay more than fifty percent of the cost of any such residential placement `tc6 $27,191,736 `tc5 Local Aid Fund 100.0% `tc1 7061-0050 `tc4 For the purpose of educating young middle school dropouts and truants through Boston's Middle School Alternative School Network `tc6 $850,000 `tc1 7061-0100 `tc4 For grants to cities, towns, regional school districts, counties maintaining agricultural schools and independent vocational schools; provided, that the amount appropriated herein shall be distributed so as to provide each city, town, regional school district, county maintaining an agricultural school and independent vocational school with an amount equal to one hundred dollars per student according to data in the October first, nineteen hundred and ninety-one individual school report; provided further, that the amounts provided herein shall be expended exclusively for educational purposes; provided further, that no city, town, regional school district, county maintaining an agricultural school or independent vocational school shall qualify for the grants provided herein unless 1) it expends for educational purposes in fiscal year nineteen hundred and ninety-three at least the same amount as it expended for such purposes in fiscal year nineteen hundred and ninety-two, and it refrains from using amounts appropriated herein to supplant amounts previously expended in fiscal year nineteen hundred and ninety-two or budgeted for fiscal nineteen hundred and ninety-three for educational purposes, or 2) it expends for all purposes in fiscal year nineteen hundred and ninety-three less than it expended for all purposes in fiscal year nineteen hundred and ninety-two and it maintains at least the same proportion of expenditures for educational purposes to expenditures for all purposes in fiscal year nineteen hundred and ninety-three as in fiscal year nineteen hundred and ninety-two; provided further, that the department of education in consultation with the division of local services of the department of revenue may waive one or more of the aforesaid restrictions for any city, town, regional school district, county maintaining an agricultural school or independent vocational school for which such restriction would cause fiscal hardship for any reason including but not limited to the effects of the teachers' summer pay deferral pursuant to chapter three hundred and thirty-six of the acts of nineteen hundred and ninety-one; and provided further, that each city, town, regional school district, county maintaining an agricultural school and independent vocational school shall file with the Commissioner of Education and to the Secretary of Administration and Finance for review a spending plan detailing the purposes for which it plans to expend the grants provided herein, including but not limited to any new initiatives, class size reductions, management changes, or any other improvements in the educational program `tc6 $84,836,800 `tc5 Local Aid Fund 100.0% `tc1 7061-1000 `tc4 For equal education opportunity grants to cities, towns, regional school districts and independent vocational schools computed in accordance with chapter seventy A of the General Laws; provided, that grant amounts shall equal the amounts determined under said chapter seventy A on the basis of direct service expenditures in fiscal year nineteen hundred and ninety-one, increased to that fraction of the amount determined for such year for each city, town, regional school district and independent vocational school in accordance with section three of said chapter seventy A which the amount appropriated herein is sufficient to support; provided further, that any payment made under this appropriation shall be deposited with the treasurer of each city, town, regional school district or independent vocational school and held as a separate account and shall be expended by the school committee of such city, town, regional school district or independent vocational school without appropriation, notwithstanding the provisions of any general or special law to the contrary `tc6 $205,522,604 `tc5 Local Aid Fund 100.0% `tcol;end

HIGHER EDUCATION COORDINATING COUNCIL `t+1 AGENCY MISSION

To develop, cultivate and support a comprehensive system higher of education.

`tcol(*)=2,T;c1=1,35,tf;c2=43,35,tfh1 `tc1 STATUTORY REFERENCES `tc2 COMPONENT PROGRAMS `tc1 Enabling Statute `tc2 1. Higher Education Coordinating `tc1 M.G.L. c. 15A { 4 `tc2 Council Administration `tc2 2. Financial Assistance `tc2 3. Library Support `tc2 4. Support of Veterinary programs at Tufts School of Veterinary Medicine `tc2 5. County Cooperative Extension `tc2 6. University `tc2 7. State Colleges `tc2 8. Toxics Use Reduction Institute `tc2 9. Community Colleges `tcol;end

PROGRAM 1: Higher Education Coordinating Council Administration `t+1 PROGRAM MISSION

To provide administrative, budgetary, legal, policy, technical and academic program support to the council and the public higher education institutions in the commonwealth.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Oversee institutional reporting of appropriated and non-appropriated funds on the MMARS system by July 1, 1992. `tc2 1. Number and percent of institutions reporting expenditures of appropriated and non-appropriated funds on MMARS by July 1, 1992. `tc1 2. Oversee institutional reporting of personnel information for employees compensated from any budgetary, federal, or non-appropriated funds through the PARIS system by September 1, 1992. `tc2 2. Number and percent of institutions reporting personnel information on the PARIS system by September 1, 1992. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 7066-0000 `tc4 For the office of the chancellor of higher education and the higher education coordinating council, including but not limited to, a division of fiscal affairs, a division of labor relations and affirmative action, a division of research, policy and planning, a division of student affairs, a business office, an office of general counsel, and for the operation of the higher education computer network; provided, that not less than one million nine hundred forty thousand, two hundred and ninety-nine dollars be expended for the operation of the higher education computer network; provided further, that notwithstanding any provision of general or special law to the contrary, data processing services may be rendered to agencies of the commonwealth and educational institutions at no expense to the system; provided further, that charges for such services shall be allocated to the agencies and institutions of higher education utilizing the data processing system; and provided further, that the data processing system shall maintain a schedule of fees for services provided to agencies, institutions and other educational organizations within the commonwealth `tc6 $3,368,949 `tc1 7066-0002 `tc4 The higher education computer network is hereby authorized to expend up to one hundred and eighty-four thousand dollars in fees and charges collected for data processing services rendered to agencies, institutions and other educational organizations of the commonwealth `tc6 $184,000 `tc1 7066-0005 `tc4 For the commonwealth's share of the cost of the compact for education `tc6 $58,400 `tcol;end

PROGRAM 2: Financial Assistance `t+1 PROGRAM MISSION

To provide financial assistance, to residents of the commonwealth currently enrolled in public and private institutions of higher education in the commonwealth, through the Massachusetts State Scholarship program, the No-Interest Loan program, the McNair program, the Massachusetts Plan and the Matching Student Aid program.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Award financial assistance to students through the General Scholarship program, the Massachusetts public institutions scholarship program, the Gilbert Grant program, Herter Scholarships, Public Service Scholarships and Engineering Collaborative Scholarships. `tc2 1. Number and percent of students applying who receive aid. `tc1 2. Provide no interest loans to students who are either ineligible for state and or federal financial assistance or currently carrying the maximum allowed in federal assistance. `tc2 2. Number and percent of students applying who receive aid. `tc1 3. Furnish financial assistance and supportive services to disadvantaged students at public and private institutions in Massachusetts under the McNair program. `tc2 3a. Number and percent of students receiving assistance at public institutions. `tc2 3b. Number and percent of students receiving assistance at private institutions. `tc1 4. Supply state matching funds for students eligible for the Supplemental Education Opportunity Grants, College Work Study and Perkins loans. `tc2 4a. Percent of matching funds provided for students eligible for Supplemental Education Opportunity Grants program. `tc2 4b. Number of students receiving Supplemental Education Opportunity grants. `tc2 4c. Percent of matching funds provided to students participating in College Work Study programs. `tc2 4d. Number of students participating in College Work Study programs. `tc2 4e. Percent of matching funds provided for students eligible for Perkins Loans. `tc2 4f. Number of students receiving Perkins Loans. `tc1 5. Supply state funds for public institutions participating in the Massachusetts Educational Financing authority loan program. `tc2 5a. Number of institutions participating. `tc2 5b. Number of students served. `tc1 6. Provide low cost loans through Massachusetts institutions, including loans to families who would not otherwise qualify for a loan because of a high debt-to-income ratio. `tc2 6a. Number of institutions participating. `tc2 6b. Number of students served. `tc2 6c. Number of students served by credit support loans. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 7070-0031 `tc4 For the McNair component of the financial assistance program to increase access to public and independent institutions of higher education for students who meet certain income eligibility standards developed by the chancellor of higher education and for students with serious physical impairments, known as the Ronald E. McNair education opportunity program, including not more than twenty-five positions `tc6 $3,951,135 `tc1 7070-0032 `tc4 For a matching student aid component of the financial assistance program which provides matching funds to the supplemental educational grant program, the college work study program and the perkins loan program, as determined by the higher education coordinating council; provided, that not more than nine hundred thousand dollars shall be expended for the participation fund established pursuant to section fourteen A of chapter fifteen C of the General Laws `tc6 $2,469,105 `tc1 7070-0065 `tc4 For the scholarship component of the financial assistance program, for grants to Massachusetts students enrolled in and pursuing a program of higher education in any approved public or independent college, university, school of nursing, or any other approved institution furnishing a program of higher education; provided, that the Massachusetts state scholarship office is hereby authorized to expend not less than ten million dollars for a program of needs based financial assistance for Massachusetts residents enrolled in and pursuing a program of higher education in any of the public institutions of higher education of the commonwealth pursuant to this act; provided that of the sum appropriated herein, not less than five million dollars shall be obligated for the purposes of the Massachusetts Plan, pursuant to section five C of chapter fifteen C of the General Laws, as amended by section twelve of this act; provided further, that the Massachusetts state scholarship office is authorized and directed to expend no less than three million dollars to provide for the matching of scholarship grants to needy Massachusetts resident students at participating Massachusetts independent regionally accredited colleges, universities, and schools of nursing; and provided further, that such assistance be distributed to students demonstrating the greatest need as determined by an eligibility index used by the state scholarship office; provided further, that the Massachusetts state scholarship office is authorized to expend no more than seventy-five thousand dollars for a collaborative engineering program; provided further, that students awarded full or partial scholarships under the Christian A. Herter Memorial Scholarship Program as established by section sixteen of chapter fifteen A of the General Laws, as most recently amended by chapter one hundred and forty-two of the acts of nineteen hundred and ninety-one, who have matriculated in a program of higher education outside the commonwealth may continue to receive the scholarship aid guaranteed by said program; provided further, that the scholarship office is authorized to expend monies for the public service awards, as established in said section sixteen; provided further, that the chancellor of higher education, in coordination with the Massachusetts state scholarship office shall establish such regulations governing the eligibility and the awarding of financial assistance as he shall deem necessary; and provided further, an amount not to exceed two and one-half percent of this appropriation may be used for the costs of administering the scholarship program; including not more than thirteen positions `tc6 $53,000,000 `tc1 7070-0067 `tc4 For the no interest loan component of the financial assistance program, the Massachusetts state scholarship office is hereby authorized and directed to expend no less than nine million dollars for the purpose of providing financial assistance, which shall be subject to repayment, pursuant to section twenty-nine of this act, to Massachusetts students enrolled in and pursuing a program of higher education in any approved public or independent college, university, school of nursing, or any other approved institution furnishing a program of higher education within the commonwealth; provided, however, that the Massachusetts State Scholarship office is authorized to expend not more than ten percent of the amount appropriated herein for the administration and associated costs of said program `tc6 $9,000,000 `tcol;end

PROGRAM 3: Library Support `t+1 PROGRAM MISSION

To provide educational materials to support the education and research programs at state universities, state colleges and community colleges.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Achieve and maintain appropriate level of library accreditation. `tc2 1a. Number and percent of university libraries accredited by the association of research libraries. `tc2 1b. Number and percent of college libraries appropriately accredited. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 7077-0010 `tc4 For a program of library support for the purchase of scientific, technological and other educational reference material for the libraries of the system of public higher education institutions `tc6 $10,000,000 `tcol;end

PROGRAM 4: Support of Veterinary Programs at Tufts School of Veterinary Medicine `t+1 PROGRAM MISSION

To provide state assistance to the Tufts Veterinary Medicine program.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Complete animal evaluations through Small Animal Hospital Teaching Program. `tc2 1. Number of evaluations. `tc1 2. Treat wild animals through the Wildlife Health and Management Program. `tc2 2. Number of wild animals treated. `tc1 3. Provide supportive veterinary services to state agencies of the commonwealth. `tc2 3. Number of state agencies receiving services. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 7707-0023 `tc4 For the Tufts school of veterinary medicine program; provided that funds appropriated herein shall be expended solely for supportive veterinary services provided to the commonwealth; and provided further, that prior year costs may be paid from this item `tc6 $3,981,312 `tcol;end

PROGRAM 5: County Cooperative Extension `t+1 PROGRAM MISSION

To provide state support necessary to meet federal matching requirements for county cooperative programs in the areas of agriculture development and 4H programs, urban youth and families at risk programs, and nutrition programs.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Offer 4H and agriculture development programs in Massachusetts on the county level. `tc2 1a. Number of programs offered. `tc2 1b. Number of participants served. `tc1 2. Offer nutrition programs to residents on the county level. `tc2 2a. Number of programs offered. `tc2 2b. Number of participants served. `tc1 3. Offer Youth and Families at Risk Counseling and supportive services programs. `tc2 3a. Number of programs offered. `tc2 3b. Number of participants served. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 7100-0102 `tc4 For a program in county cooperative extension work to be conducted by the University of Massachusetts at Amherst for the Berkshire, Bristol, Franklin, Hampden, Hampshire, Suffolk, Essex, Dukes/Nantucket, Middlesex, Worcester, Plymouth and Norfolk County cooperative extension services; including not more than thirty-two positions `tc6 $879,169 `tcol;end

PROGRAM 6: University `t+1 PROGRAM MISSION

To provide public service, research and education programs including continuing educations services, in the liberal arts and sciences and in the professions, and in those professional areas normally requiring either education beyond four years of undergraduate training or a basic or advanced degree beyond the bachelor's level.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc2 To be completed by each component `tc1 1. To provide post secondary educational opportunities to qualified candidates through the doctorate degree level. `tc2 1a. To be reported annually by campus. `tc2 1b. Average SAT Score of incoming freshmen. `tc2 1c. Percent scoring above 50th percentile. `tc2 1d. Freshman recruits in the top 10%, 25%, 35%, and 50th percentile of high school class. `tc2 1e. Acceptance rate of incoming students. `tc2 1f. Number of full time equivalent students enrolled. `tc2 1g. Number of faculty with Ph.D. `tc2 1h. Student/faculty ratio. `tc2 1i. Instructional spending per student. `tc2 1j. Total spending per student. `tc2 1k. Graduation rate of students. `tc2 1l. Freshmen retention rate. `tc2 1m. Total amount of institutional aid awarded. `tc2 1n. Average amount of institutional aid per student. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 7100-0200 `tc4 For the operation of the state university governed by the higher education coordinating council, including the office of the president of the University of Massachusetts and the William Joiner Center at the University of Massachusetts at Boston; provided, that notwithstanding any provision of law to the contrary, the board of trustees shall allocate such appropriation in accordance with an allocation plan approved by the house committee on ways and means, which allocation plan shall be approved within forty-five days of this act; provided further, that said trustees shall establish no less than five accounts and report expenditures on the Massachusetts Management Accounting and Reporting System (MMARS) by campus; provided further, that said board may, on July one, nineteen hundred and ninety-two, allocate from this appropriation an amount equal to up to eighty percent of the fiscal year nineteen hundred and ninety-three appropriation for this purpose to cover the ordinary maintenance of the existing system of universities of higher education, pending legislative approval of said allocation plan; provided, that of the sum appropriated herein, not more than two hundred fifty-eight thousand seven hundred and sixty-five dollars be allocated for the operation of the office of the president; provided further; that notwithstanding any general or special law to the contrary the board of trustees shall not reallocate planned campus funding for the operation of the office of the president; provided further, that of the sum appropriated herein, not less than four hundred nineteen thousand three hundred and seventy-five dollars be allocated for the purposes of the William Joiner Center; provided further, that the University of Massachusetts board of trustees shall, in conjunction with the State Health Education Center at the University of Massachusetts Medical Center, maintain learning contracts for students admitted on or after the fall of nineteen hundred and seventy-eight which shall include provisions for "payback" service or monetary payback to the commonwealth for a period after said students have fulfilled all internship and residency requirements; provided further, that not less than seven hundred ninety-five thousand six hundred and nineteen dollars be obligated for the purposes of the area health education centers program, also known as "AHEC" to be administered by the University of Massachusetts Medical Center institute; provided further, that of the sum appropriated herein, not less than one hundred thirty-six thousand eight hundred and sixteen dollars shall be obligated for the purposes of the State Health Education Center at the University of Massachusetts Medical Center; provided further, that of the sum appropriated herein, not more than twenty-two million two thousand eight hundred thirty-five dollars shall be expended to support the operation of the University of Massachusetts Medical Center; provided further, that of the sum appropriated herein, not less than two hundred fifty thousand dollars be obligated for the Paul E. Tsongas Industrial Historical Center at the University of Lowell; provided further, that of the sum appropriated herein, not less than two hundred thirty thousand seven hundred and seventy-four dollars be obligated for the purposes of the Mauricio Gaston Institute of Latino Community Development and Public Policy at the University of Massachusetts at Boston; provided further, that of the sum appropriated herein, not less than two hundred and ninety-nine thousand two hundred and eighty-four dollars be obligated for the purposes of research and analytical studies by the Monroe Trotter Institute at the University of Massachusetts at Boston; provided further, that of the sum appropriated herein, not less than four hundred and seventy-four thousand one hundred and thirty dollars be obligated for the expense of the Gerontology Institute at the University of Massachusetts at Boston, including one hundred and forty-four thousand four hundred and twenty-six dollars for the endowment of a chair named in honor of the late Frank Manning; provided further, of the sum appropriated herein, not less than six hundred and thirty-seven thousand and ten dollars be obligated for the Physical Education Department at the University of Massachusetts at Boston, provided further, that of the sum appropriated herein, not less than seventy-five thousand dollars be obligated for Rural Massachusetts at Amherst; provided further that of the sum appropriated herein, not less than one hundred fifty thousand dollars be obligated for a college preparation program at the University of Massachusetts at Lowell; provided further that of the sum appropriated herein not less than four hundred and twenty-nine thousand dollars be obligated for the Massachusetts Institute for Social and Economic Research at Amherst to manage United States census data and provide state population estimates and projections; and provided further, that of the sum appropriated herein, not less than three hundred and twelve thousand dollars shall be obligated for the state matching requirements for the Center for Research of Intelligent, Real-time Computing Systems at the University of Massachusetts at Amherst; provided further, that not less than one hundred thousand dollars be obligated for each school in the commonwealth to receive an historical atlas of Massachusetts; and provided further, that the chancellor of the board of regents shall require said institutions to provide communication accessibility for the deaf and hard of hearing where necessary, including not more than six thousand six hundred and thirty positions `tc6 $215,279,930 `tcol;end

PROGRAM 7: State Colleges `t+1 PROGRAM MISSION

To provide educational programs, research, extension and continuing education services in the liberal, fine and applied arts and sciences and other disciplines through the master's level with a major focus on teaching, in fields and professions which meet state and regional needs.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc2 To be completed by each component `tc1 1. Provide post secondary education opportunities to qualified candidates through the masters degree level. `tc2 1a. To be reported annually by campus. `tc2 1b. Average SAT score of incoming freshmen. `tc2 1c. Percent scoring above 50th percentile. `tc2 1d. Freshman recruits in the top 10%, 25%, 35%, and 50th percentile of high school class. `tc2 1e. Acceptance rate of incoming students. `tc2 1f. Number of full time equivalent students enrolled. `tc2 1g. Number of faculty with Ph.D. `tc2 1h. Student/faculty ratio. `tc2 1i. Instructional spending per student. `tc2 1j. Total spending per student. `tc2 1k. Graduation rate of students. `tc2 1l. Freshmen retention rate. `tc2 1m. Total amount of institutional aid awarded. `tc2 1n. Average amount of institutional aid per student. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 7109-0100 `tc4 For the Bridgewater State College component of the state college program, including not more than four hundred and seventy-eight positions `tc6 $17,968,514 `tc1 7110-0100 `tc4 For the Fitchburg State College component of the state college program including not more than four hundred eighty-four positions `tc6 $15,055,220 `tc1 7112-0100 `tc4 For the Framingham State College component of the state college program, including not more than three hundred and sixty positions `tc6 $11,764,509 `tc1 7113-0100 `tc4 For the North Adams State College component of the state college program, including not more than two hundred and twenty-four positions `tc6 $8,067,253 `tc1 7114-0100 `tc4 For the operations of Salem State College component of the state college program, including not more than five hundred and forty-three positions `tc6 $18,524,313 `tc1 7115-0100 `tc4 For the Westfield State College component of the state college program, including not more than three hundred and forty-eight positions `tc6 $11,776,117 `tc1 7116-0100 `tc4 For the Worcester State College component of the state college program, including not more than three hundred and sixteen positions `tc6 $11,994,898 `tc1 7117-0100 `tc4 For the Massachusetts College of Art component of the state college program, including not more than two hundred and thirty-six positions `tc6 $7,754,472 `tc1 7118-0100 `tc4 For the Massachusetts Maritime Academy component of the state college program, including not more than one hundred and sixty-eight positions `tc6 $6,951,468 `tc1 7120-0223 `tc4 For the health and welfare reserve component for the state colleges of Massachusetts; provided that the higher education coordinating council shall submit an allocation schedule of funds to the house and senate committees on ways and means within forty-five days of the passage of this act `tc6 $984,672 `tcol;end

PROGRAM 8: Toxics Use Reduction Institute `t+1

PROGRAM MISSION

To maintain at the University of Massachusetts at Lowell a research and training facility to provide educational and training programs in toxics use reduction for professionals, students, and the public and to conduct research and technical meetings in conjunction with other public and private institutions.

STATUTORY REFERENCES

Enabling Statute

M.G.L. c. 21I { 6

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Conduct toxics use reduction planner courses; organize conferences and seminars on environmentally appropriate production. `tc2 1a. Percent of graduates of class who pass the state certification exam. `tc2 1b. Two professional conferences on environmentally appropriate production. `tc2 1c. Eight specialized training classes provided to the Department of Environmental Protection staff. `tc2 1d. One general public toxic use reduction conference. `tc1 2. Sponsor and conduct research on alternative policies, practices, materials, and manufacturing processes and maintain research facilities to assist firms in the reduction of toxic chemical use. `tc2 2a. Twelve new university based research projects on alternatives policies, practices, materials or industrial processes identified, assessed and designed. `tc2 2b. One Surface Cleaning Lab established and equipped at UMASS Lowell by January 1, 1993. `tc1 3. Report on a plan for state-wide university and industry-based research centers consortium to conduct research in toxics use reduction. `tc2 3. Six new industry and university collaborative research programs developed by June 30, 1993. `tc1 4. Provide research, consultation, and educational support to the state divisions implementing the Toxics Use Reduction Act Program. `tc2 4a. Four news letters published to provide direct information and outreach to over 1,000 firms and organizations. `tc2 4b. One report on <_"Further Chemical Restriction Policies">> completed and submitted to the General Court on January 1, 1993. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 7220-0004 `tc4 For the operation of the Toxics Use Reduction Institute at the University of Massachusetts at Lowell, in accordance with the provisions of chapter twenty-one I of the General Laws, as established by chapter two hundred and sixty-five of the acts of nineteen hundred and eighty-nine; provided, however, that of the appropriation herein, not less than two hundred thousand dollars shall be obligated for the purposes of establishing and maintaining programs that will train business, industry, higher education, medical laboratory, and high school laboratory personnel to reduce toxic waste at the source by utilizing the Microscale chemistry technology `tc6 $1,466,137 `tc5 Toxic Use Reduction Fund 100.0% `tcol;end

PROGRAM 9: Community Colleges `t+1 PROGRAM MISSION

To offer degree and non-degree programs through the associate degree level, and to provide developmental education, credit and noncredit educational, career and occupational programs.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc2 To be completed by each component `tc1 1. Provide post secondary education opportunities to qualified candidates through the associate degree level. `tc2 1a. To be reported annually by campus. `tc2 1b. Average SAT score of incoming freshmen. `tc2 1c. Percent scoring above 50th percentile. `tc2 1d. Freshman recruits in the top 10%, 25%, 35%, and 50th percentile of high school class. `tc2 1e. Acceptance rate of incoming students. `tc2 1f. Number of full time equivalent students enrolled. `tc2 1g. Number of faculty with Ph.D. `tc2 1h. Student/faculty ratio. `tc2 1i. Instructional spending per student. `tc2 1j. Total spending per student. `tc2 1k. Graduation rate of students. `tc2 1l. Freshmen retention rate. `tc2 1m. Total amount of institutional aid. `tc2 1n. Average amount of institutional aid per student. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 7502-0100 `tc4 For the Berkshire Community College component of the community college program, including not more than one hundred and fifty-seven positions `tc6 $5,835,853 `tc1 7503-0100 `tc4 For the Bristol Community College component of the community college program, including not more than two hundred and seventeen positions `tc6 $7,290,712 `tc1 7504-0100 `tc4 For the Cape Cod Community College component of the community college program, including not more than one hundred and sixty-seven positions `tc6 $5,824,022 `tc1 7505-0100 `tc4 For the Greenfield Community College component of the community college program, including not more one hundred forty-four positions `tc6 $4,790,250 `tc1 7506-0100 `tc4 For the Holyoke Community College component of the community college program, including not more than two hundred and sixty-four positions `tc6 $8,948,543 `tc1 7507-0100 `tc4 For the Mass Bay Community College component of the community college program, including not more than one hundred and seventy-five positions `tc6 $6,510,493 `tc1 7508-0100 `tc4 For the Massasoit Community College component of the community college program, including not more than three hundred and ten positions `tc6 $11,410,435 `tc1 7509-0100 `tc4 For the Mount Wachusett Community College component of the community college program, including not more than one hundred and forty-nine positions `tc6 $5,536,432 `tc1 7510-0100 `tc4 For the Northern Essex Community College component of the community college program; provided however, that of the sum appropriated herein, not less than five hundred thousand dollars be obligated for the LEEP project, including not more than two hundred and fifty-seven positions `tc6 $9,622,739 `tc1 7511-0100 `tc4 For the North Shore Community College component of the community college program, including not more than three hundred and twenty-four positions `tc6 $11,054,382 `tc1 7512-0100 `tc4 For the Quinsigamond Community College component of the community college program, including not more than two hundred and seventeen positions `tc6 $7,177,339 `tc1 7514-0100 `tc4 For the Springfield Community College component of the community college program, including not more than three hundred and seventy-two positions `tc6 $12,569,563 `tc1 7515-0100 `tc4 For the Roxbury Community College component of the community college program, including not more than one hundred and fifty-two positions `tc6 $6,792,080 `tc1 7516-0100 `tc4 For the Middlesex Community College component of the community college program, including not more than two hundred and ninety-five positions `tc6 $9,935,507 `tc1 7518-0100 `tc4 For the Bunker Hill Community College of the community college program, including not more than two hundred and fifty-three positions `tc6 $9,088,694 `tc1 7520-0423 `tc4 For the health and welfare reserve component for the community colleges of Massachusetts; provided that the higher education coordinating council shall submit an allocation schedule of funds to the house and senate committees on ways and means within forty-five days of the passage of this act `tc6 $1,021,800 `tc3 Executive Office of Public Safety. `tc2 Office of the Secretary. `tc1 8000-0100 `tc4 For the office of the secretary; provided that three hundred thousand dollars shall be expended for the operation of the emergency telecommunications board of which an equivalent amount shall be collected pursuant to section eighteen F of chapter six A of the General Laws, as inserted by chapter two hundred and ninety-one of the acts of nineteen hundred and ninety, including not more than twenty-two positions `tc6 $926,251 `tc5 Highway Fund 85.0% General Fund 15.0% `tc1 8000-0101 `tc4 The office of the secretary is hereby authorized to expend revenues collected up to a maximum of thirty thousand dollars from fees collected for services performed through the auto etching program `tc6 $30,000 `tc1 8000-0102 `tc4 For a reserve for the community policing grants to be administered by the executive office of public safety. Said executive office shall provide grants to cities and towns which have experienced severe health and safety problems as a result of having increased gang activity and street violence `tc6 $5,000,000 `tc5 Highway Fund 85.0% General Fund 15.0% `tc1 8000-0105 `tc4 For the office of chief medical examiner and payment for services to medical examiners as authorized by section one hundred and eighty-four of chapter six of the General Laws, including not more than fifty-eight positions `tc6 $3,188,584 `tc1 8000-0110 `tc4 For the administration and operation of the criminal justice information system, including not more than forty-one positions `tc6 $3,362,547 `tc5 Highway Fund 50.0% General Fund 50.0% `tc1 8000-0111 `tc4 The criminal history systems board is hereby authorized to expend revenues collected up to a maximum of one hundred eighty thousand dollars from record check fees for the purpose of implementing the provisions of chapter three hundred nineteen of the acts of nineteen hundred and ninety, as amended, including the costs of personnel `tc6 $180,000 `tc1 8000-0160 `tc4 For the operation of the state board of building regulations and standards, for the purpose of implementing and enforcing the provisions of sections ninety-three to one hundred, inclusive, of chapter one hundred and forty-three of the General Laws, including not more than eight positions `tc6 $298,154 `tc1 8000-0161 `tc4 For a program to license home improvement contractors pursuant to chapter four hundred and fifty-three of the acts of nineteen hundred and ninety-one, including not more than four positions `tc6 $125,000 `tc1 8000-0500 `tc4 For the operation of the architectural access board, including not more than eight positions `tc6 $185,118 `tc2 Department of State Police. `tc1 8100-0000 `tc4 For the administration and operation of the department of state police; provided, however, that the department shall include the division of field services, the division of investigation and intelligence, the division of special police services and the division of support services pursuant to section four of chapter four hundred and twelve of the acts of nineteen hundred and ninety-one; and provided further that not less than forty officers shall be provided to the MDC for the purpose of patrolling the watershed property of the commission, including not more than two hundred thousand three hundred positions `tc6 $104,781,499 `tc5 Highway Fund 88.2% Local Aid Fund 9.5% General Fund 2.3% `tc1 8100-0100 `tc4 For the administration and operation of the crime laboratory, including not more than twenty-six positions `tc6 $1,278,297 `tc1 8100-0150 `tc4 For the operation of an automated fingerprint identification system `tc6 $1,029,792 `tc1 8100-0200 `tc4 For the administration and operation of a motor carrier safety assistance program, including not more than sixteen positions `tc6 $450,000 `tc5 Highway Fund 100.0% `tc1 8100-0201 `tc4 The department of state police is hereby authorized to expend revenues collected up to a maximum of one million fifty thousand dollars from reimbursements received from the motor carrier safety assistance program, including the costs of personnel `tc6 $1,050,000 `tc1 8100-0300 `tc4 For the administration and operation of a drug enforcement administration task force `tc6 $73,720 `tc1 8100-0400 `tc4 For reimbursing certain cities and towns for fifty percent of career incentive salary increases for police officers `tc6 $6,700,000 `tc5 Local Aid Fund 100.0% `tc2 Massachusetts Criminal Justice Training Council. `tc1 8200-0200 `tc4 For the administration and operation of programs to be conducted by the Massachusetts criminal justice training council, including not more than forty-one positions `tc6 $2,138,946 `tc2 Department of Public Safety. `tc1 8311-1000 `tc4 For the administration of the department, including not more than thirty-three positions `tc6 $774,900 `tc2 Bureau of Special Investigations. `tc1 8312-1000 `tc4 For the administration of the bureau of special investigations, including not more than ninety-nine positions `tc6 $4,166,643 `tc1 8314-1000 `tc4 For the administration of the division of fire prevention of the department of public safety; provided, that one hundred thousand dollars of the amount appropriated herein shall be expended for a Suffolk county based arson prevention program; provided further, that said one hundred thousand dollars shall be assessed against insurance companies licensed to sell fire insurance in the commonwealth by the commissioner of insurance, and transferred to the General Fund, and such assessments shall be charged to the normal operating costs of each company; provided further, that not more than ten percent of the amount designated for said arson prevention program shall be expended for the administrative cost of the program; provided further, that the expenses of the board of fire prevention regulations, pursuant to section fourteen of chapter twenty-two of the General Laws, be paid from this appropriation; and provided further, that the expenses of the fire safety commission be paid from this item, including not more than sixteen positions `tc6 $352,654 `tc3 Petroleum Product Cleanup Board. `tc1 8314-1100 `tc4 For the underground storage tank program of the department of public safety, for the expenses associated with the implementation of chapter twenty-one J, including not more than ten positions `tc6 $750,000 `tc5 Underground Storage Tank Petroleum Product Cleanup Fund 100.0% `tc1 8314-1200 `tc4 For the purpose of reimbursing parties who have cleaned up spills of petroleum products pursuant to chapter twenty-one J of the General Laws `tc6 $9,000,000 `tc5 Underground Storage Tank Petroleum Product Cleanup Fund 100.0% `tc1 8314-1300 `tc4 For the expenses of the underground storage tank petroleum product cleanup fund administrative review board pursuant to chapter twenty-one J of the General Laws `tc6 $300,000 `tc5 Underground Storage Tank Petroleum Product Cleanup Fund 100.0% `tc1 8314-1400 `tc4 For a program of grants administered pursuant to section two of chapter twenty-one J of the General Laws and section thirty-seven A of chapter one hundred and forty-eight of the General Laws, for the purposes of removing and replacing underground storage tanks `tc6 $2,000,000 `tc5 Underground Storage Tank Petroleum Product Cleanup Fund 100.0% `tc2 Division of Inspection. `tc1 8315-1000 `tc4 For the administration of the division; provided, that the expenses of the state boxing commission be paid from this item; provided further, that not less than thirty thousand dollars be available for an eye examination program for all boxers participating in events regulated by the state boxing commission; provided further, that the commission shall charge professional boxers for the cost of said eye exams; provided further, that a doctor's certificate from another state will be accepted as evidence of such an examination; provided further, that fees for inspections performed during overtime hours be determined by the commissioner of administration; provided further, that the fee for inspections performed during overtime hours be not less than one hundred dollars, including not more than ninety-six positions `tc6 $3,771,206 `tc2 Massachusetts Firefighting Academy. `tc1 8350-0100 `tc4 For the administration of the academy including the estimated expenses of training facilities and curriculum for firefighting personnel and training programs, to be in addition to any federal funds available for the said purposes; provided, that notwithstanding the provisions of any general or special law to the contrary, sums for the estimated expenses of the administration of the academy including the estimated expenses of training facilities and curriculum for firefighting personnel and training programs, not to exceed two million dollars per year, provided that not less than fifty thousand dollars shall be available for the community based fire prevention program in the Fall River area, shall be paid to the commonwealth by insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated in the commonwealth within thirty days after notice from the commissioner of estimated expenses; provided further, that the secretary of administration and finance shall report monthly to the house and senate committees on ways and means on the justification regarding any restriction on the hiring of fire training personnel, said report shall explain the derived savings to the general fund by not hiring said personnel in this item, including not more than twenty positions `tc6 $2,060,000 `tc2 Registry of Motor Vehicles. `tc1 8400-0001 `tc4 For the administration and operation of the registry of motor vehicles, including the title division; provided, that the positions of administrative assistant to the registrar, legislative assistant, executive assistant to the registrar, and the director of employee relations shall not be subject to civil service laws and rules; provided further, that all expenditures related to computer automation shall be subject to satisfactory quarterly reviews by the office of management information systems and pursuant to schedules by said office; provided further, that forty percent of the costs of personnel services associated with the computer, which reflects the proportionate use of said computer by the merit rating board, shall be assessed to insurance companies doing motor vehicle insurance business within the commonwealth, pursuant to section one hundred and eighty-three of chapter six of the General Laws, including not more than seven hundred and thirty-six positions `tc6 $34,027,995 `tc5 Highway Fund 100.0% `tc1 8400-0002 `tc4 The registry of motor vehicles is hereby authorized to expend revenues collected up to a maximum of four hundred seventy-four thousand nine hundred and twenty-eight dollars from fees charged for salvage title certificates and inspections for the purpose of implementing the salvage title program, including the costs of personnel `tc6 $474,928 `tc1 8400-0008 `tc4 The registry of motor vehicles is hereby authorized to expend (1) revenues collected up to a maximum of one million two hundred eighty-two thousand seven hundred and six dollars from fees charged for class one and two commercial drivers' licenses, and (2) reimbursements received from federal commercial drivers' licenses grants for the purpose of administering the federal commercial drivers' licensing program `tc6 $1,282,706 `tc1 8400-0024 `tc4 Notwithstanding the provisions of section two of chapter two hundred and eighty of the General Laws, the registry of motor vehicles is hereby authorized to expend revenue collected up to a maximum of two million three hundred thousand dollars pursuant to chapter ninety C of the General Laws from assessments for civil motor vehicle infractions, including the costs of personnel; provided, that the amount of this expenditure shall be subtracted from the amount that otherwise would be credited to the Highway Fund pursuant to said section two of chapter two hundred and eighty, and shall not affect or alter the amounts of payments to cities and towns pursuant to said section two of chapter two hundred and eighty `tc6 $2,300,000 `tc2 Merit Rating Board. `tc1 8400-0100 `tc4 For the safe driver insurance plan of the merit rating board authorized by chapter six of the General Laws; provided, however, that as of January first, nineteen hundred and eighty-five, that notwithstanding any general or special law to the contrary, no safe driver insurance plan shall require the payment of an unsafe driver point surcharge for the first offense for non-criminal, motor vehicle traffic violations as described in chapter ninety C of the General Laws, including not more than eighty-eight positions `tc6 $4,350,000 `tc2 Committee on Criminal Justice. `tc1 8600-0001 `tc4 For the administration of the committee on criminal justice, including not more than twelve positions `tc6 $346,831 `tc2 Military Division. `tc1 `tc4 Notwithstanding the provisions of chapter thirty of the General Laws, certain military personnel in the military division may be paid salaries according to military pay grades, so-called. `tc1 8700-0001 `tc4 For the administration of the military division, including the offices of the adjutant general and state quartermaster, the operation of the armories, the Camp Curtis Guild rifle range and certain national guard aviation facilities, including not more than ninety-six positions `tc6 $3,281,163 `tc2 Military-State Quartermaster. `tc1 8700-1140 `tc4 The state quartermaster is hereby authorized to expend revenues collected up to a maximum of seventy-five thousand dollars accrued from fees for the nonmilitary rental or use of armories of the first class for the cost of energy audits for said armories, for the cost of utilities and maintenance, and for the implementation of energy conservation measures with regard to said armories `tc6 $75,000 `tc1 8800-0001 `tc4 For the service of the Massachusetts emergency management agency; provided, that expenditures from this item shall be contingent upon the prior approval of the proper federal authorities; provided further, that not more than fifty thousand dollars shall be available for the fuel, insurance, equipment, maintenance and miscellaneous expenses to sustain the operation of the Massachusetts Civil Air Patrol relating to aerial surveillance of Massachusetts and water areas to monitor for environmental pollution discharges, toxic waste dumps, transportation of hazardous materials and wastes and accidents involving said transport, in conjunction with the responsible agency, including not more than thirty-three positions `tc6 $524,931 `tc1 8800-0100 `tc4 For matters pertaining to nuclear safety emergency preparedness; provided, that the director of the Massachusetts emergency management agency may enter into agreements with other state agencies for the purposes of undertaking this effort; provided further, that the costs of this effort, including fringe benefits and indirect costs, shall be assessed on nuclear regulatory commission licensees operating nuclear power generating facilities in the commonwealth in accordance with the provisions of section thirteen of this act; provided further, that the department of public utilities shall develop an equitable method of apportioning said assessments among said licensees; and provided further, that said assessments shall be paid during the current fiscal year as provided by the department of public utilities and shall be credited to the General Fund, including not more than eleven positions `tc6 $453,794 `tc5 General Fund 96.9% Local Aid Fund 3.1% `tc1 8800-0200 `tc4 The Massachusetts emergency management agency is hereby authorized to expend an amount not to exceed three hundred and thirty-two thousand dollars for a nuclear safety emergency preparedness program pursuant to section fourteen of this act, including the costs of personnel `tc6 $332,000 `tc2 Governor's Highway Safety Bureau. `tc1 8850-0001 `tc4 For providing matching funds for a federal planning and administration grant to the Governor's Highway Transportation Act of nineteen hundred and seventy-eight, section two hundred and seven (d), including not more than nine positions `tc6 $162,416 `tc5 Highway Fund 100.0% `tc1 8850-0015 `tc4 For the expense of the motorcycle safety program `tc6 $171,379 `tc5 Motorcycle Safety Fund 100.0% `tc2 Department of Correction. `tc1 8900-0001 `tc4 For the administration of the commonwealth's correctional facilities; provided, that, notwithstanding any general or special law to the contrary, no collective bargaining agreement entered into by the commissioner of administration or his designee in fiscal year nineteen hundred and ninety-three shall contain an increase in roll-call pay for corrections officers, including not more than five thousand two hundred and ten positions `tc6 $206,188,988 `tc1 8900-0002 `tc4 For the administration of the department; provided, that the department shall develop an AIDS education plan for persons in the custody or under supervision of the department; provided further, that the persons employed under the division of classification of prisoners shall not be subject to the civil service law and rules; provided further, that notwithstanding any provisions of law to the contrary, the director of civil service shall certify to the commissioner of correction, on receipt of permanent requisitions, names of correction officers to fill permanent vacancies; and provided further, that the department will provide monthly reports on overtime usage, by facility, to the house and senate committees on ways and means, including not more than one hundred and ten positions `tc6 $4,672,302 `tc1 8900-0003 `tc4 For the local relief component of the correctional care and custody program to mitigate the inordinate fiscal demand placed on local life, health and safety departments in those cities and towns hosting a state correctional facility; provided however that each such city and town shall receive a percentage of the total funds as appropriated herein which shall be equal to the percentage of the total state inmate population incarcerated within a state correctional facility located within such city or town, provided further, that all inmates incarcerated at MCI-Shirley shall be deemed to be incarcerated within a correctional facility located in the town of Shirley; and provided further, that for the purpose of mitigation calculation all distribution percentage shall be calculated according to the department of correction's inmate population record for July first of the prior calendar year `tc6 $997,000 `tc1 8900-0004 `tc4 For the health services program; provided, that the commissioner of correction shall file quarterly reports detailing expenditure patterns of this item with the house and senate committees on ways and means, including not more than thirteen positions `tc6 $35,237,479 `tc1 8900-0007 `tc4 For the expenses of the comprehensive offenders employment resources system; provided, that increased emphasis be placed on the provision of services to female offenders `tc6 $664,831 `tc1 8900-0009 `tc4 For the education services program, including not more than ninety positions `tc6 $3,738,534 `tc1 8900-0010 `tc4 For a prison industries and farm program; provided, that the commissioner of correction shall determine the cost of manufacturing motor vehicle registration plates and certify to the comptroller the amounts to be transferred from the Highway Fund to the General Fund; provided further, that the commissioner of correction shall submit quarterly financial reports detailing revenues generated and expended, to the house and senate committees on ways and means, including not more than one hundred and ten positions `tc6 $1,600,000 `tc1 8900-0011 `tc4 The prison industries and farm program is hereby authorized to expend revenues collected from the sale of its products, up to a maximum of five million dollars for the support of the program, including costs of materials, supplies, equipment, maintenance of facilities and compensation of employees `tc6 $5,000,000 `tc1 8900-0015 `tc4 For a program of correctional residential services, provided, that not less than five hundred thousand dollars be expended for a contracted low-security residential program for incarcerated expectant mothers; provided further, that not less than two hundred thousand dollars be obligated for assistance to incarcerated mothers `tc6 $3,012,835 `tc1 8900-0016 `tc4 For the federal prison component of the residential services program `tc6 $775,000 `tc2 County Corrections. `tc1 8910-0000 `tc4 For a reserve to fund county correctional programs, including all programs heretofore funded from items 8900-0008, 8910-0010, 8910-0020, 8910-0021, 8910-0030, 8910-0031, 8910-0040 and 8910-0050 of section two of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one; provided, that not less than four million two hundred and sixty-six thousand three hundred and ninety-one dollars be made available to Barnstable county; provided further, that not less than two million five hundred and fifteen thousand six hundred and fifty-nine dollars be made available to Berkshire county; provided further, that not less than thirteen million one hundred and seventy-six thousand and eighteen dollars be made available to Bristol county; provided further, that not less than two hundred seventy-five thousand eight hundred and four dollars be made available to Dukes county; provided further, that not less than fourteen million five hundred forty-four thousand and fifteen dollars be made available to Essex county; provided further, that not less than one million ninety-eight thousand nine hundred and ninety-nine dollars be made available to Franklin county; provided further, that not less than eighteen million two hundred eighty-two thousand one hundred and nineteen dollars be made available to Hampden county; provided further, that not less than four million nine hundred forty thousand two hundred and fifty-three dollars be made available to Hampshire county; provided further, that not less than nineteen million six hundred nineteen thousand six hundred and ninety-five dollars be made available to Middlesex county; provided further, that not less than two hundred thousand dollars be made available to Nantucket county; provided further, that not less than seven million nine hundred seventy-eight thousand seven hundred and forty-four dollars be made available to Norfolk county; provided further, that not less than nine million one hundred forty-eight thousand five hundred and forty dollars be made available to Plymouth county; provided further, that not less than thirty-two million three hundred sixty-one thousand three hundred and twenty-seven dollars be made available to Suffolk county; provided further, that not less than fourteen million seven hundred sixty-four thousand six hundred and ninety-six dollars be made available to Worcester county; provided further, that the balance of this appropriation be distributed among the counties in accordance with schedules prepared by the deputy commissioner of revenue for local services, upon notification to the house and senate committees on ways and means; provided further, that funds distributed from this item shall be paid to the treasurer of each county who shall place said funds in a separate account within the treasury of each county; provided further, that the treasurer shall authorize temporary transfers into this account for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the state under this item; provided further, that upon receipt of the state distribution, the treasurer shall be authorized to transfer out of said account an amount equal to funds advanced; provided further, that all funds deposited in said accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs' departments of the various counties, including, but not limited to, maintenance and operation of jails and houses of correction; provided further, that the sheriff's department of each county shall reimburse the county treasurer of each county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriff's department of each county heretofore paid by the county, including, but not limited to, the cost of employee benefits; provided further, that each county shall expend during the fiscal year for the operation of the sheriff's departments, in addition to the amount distributed to it from this item, not less than one hundred and two and one-half percent of the amount expended in fiscal year nineteen hundred and ninety two for such purposes from own-source revenues including, but not limited to, amounts levied pursuant to sections thirty and thirty-one of chapter thirty-five of the General Laws and amounts provided pursuant to sections eleven to thirteen, inclusive, of chapter sixty-four D of the General Laws; provided further, for purposes of this calculation, the amount expended in fiscal year nineteen hundred and ninety-two shall not include personnel-related expenses other than salaries; provided further, that in fiscal year nineteen hundred and ninety-three, notwithstanding the provisions of section twenty A of chapter fifty-nine of the General Laws, any county except Suffolk and Nantucket may increase its county tax for said fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the mayor or manager; provided further, that the department of correction, the county government finance review board, the Massachusetts' Sheriff's Association, and the division of capital planning and operations shall submit to the secretary of administration and finance and to the house and senate committees on ways and means, no later than the last Wednesday of January nineteen hundred and ninety-three, a joint comprehensive plan dealing with the county and state prison overcrowding problem which shall include the overall number of beds, estimated growth in the number of inmates, alternatives to incarceration, and the most economical use of all available funding sources; provided further, that each county shall submit to the house and senate committees on ways and means, on or before January first, nineteen hundred and ninety-three, spending plans for all funds distributed to it from the commonwealth; provided further, that any county that does not have a budget for fiscal year nineteen hundred and ninety-three approved by the county government finance review board as of July first, nineteen hundred and ninety-two, may expend funds for the operation of county government in fiscal year nineteen hundred and ninety-three in accordance with its most recently approved budget, until such time as the county's budget is approved by county government finance review board; provided further, that any county which borrowed under the provisions of section six of chapter one hundred and ninety-three of the acts of nineteen hundred and eighty-nine on or before July thirty-first, nineteen hundred and eighty-nine or which borrowed in fiscal nineteen hundred and eighty-nine under the provisions of section thirty-six A of chapter thirty-five of the General Laws, is hereby authorized to refund such debt for a term not to exceed seven years from the date of the original loan with payments on such refunding loan to be made in accordance with the provisions of chapter thirty-five of the General Laws and section twelve of chapter sixty-four D of the General Laws, as may be applicable; and provided further, that any unexpended balance of this item of appropriation on June thirtieth, nineteen hundred and ninety-three, shall be returned to the Local Aid Fund `tc6 $179,137,545 `tc5 Local Aid Fund 100.0% `tc2 Parole Board. `tc1 8950-0001 `tc4 For the operation the parole board, including not more than two hundred forty-five positions `tc6 $10,616,035 `tc2 Victim and Witness Program. `tc1 8950-0002 `tc4 For the victim and witness assistance program of the parole board, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws; provided, that the victim service unit positions be classified by the department of personnel administration under the state classification system, including not more than five positions `tc6 $159,934 `tc5 Victim and Witness Assistance Fund 100.0% `tc2 Department of Youth Services. `tc1 8970-0001 `tc4 For the administration of the department; provided, that the department shall develop an AIDS education plan for youths in custody or under supervision of the department, including not more than fifty-three positions `tc6 $2,579,729 `tc1 8970-0004 `tc4 For the purchase of service for certain residential care programs, including certain secure programs, and for certain non-residential programs, in accordance with the provisions of chapter twenty-eight A of the General Laws `tc6 $33,635,067 `tc1 8970-0006 `tc4 For supervision, counseling, and other services by the department incidental to certain residential or non-residential care programs, including not more than one hundred and sixty-two positions `tc6 $5,615,944 `tc1 8970-0010 `tc4 For the operation of the secure facilities administered and operated by the department, including not more than three hundred and twenty-five positions `tc6 $11,004,368 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc1 9000-0100 `tc4 For the office of the secretary, including not more than ten positions `tc6 $455,396 `tc1 9000-1492 `tc4 For the expenses of the Christopher Columbus quincentenary celebration; provided, however that the City of Boston shall open Long Island for public viewing of the Tall Ships parade. The City may submit, for the purposes of reimbursement, to the Secretary of Administration and Finance for the costs and expenses incurred for opening the island `tc6 $3,000,000 `tc2 Massachusetts Office for Business Development `tc1 9000-1801 `tc4 For the administration of the Massachusetts Office of Business Development; provided, however, that of the amount appropriated herein, not less than one hundred twenty-five thousand dollars shall be obligated for the support of programs operated by a farm workers' organization serving low income people and the Hispanic population of western Massachusetts; provided further, that no less sixteen thousand dollars shall be obligated for a corporate child care program, including not more than twenty-one positions `tc6 $1,539,186 `tc2 Small Business Development Center. `tc1 9000-1820 `tc4 For the purpose of financing the required state share of the cost of operating a small business development center; provided, that no funds shall be expended from this account until such time as the small business administration has executed a grant or contract with the University of Massachusetts for the operation of said center; provided further, that the funds expended from this account shall not exceed twenty-five percent of the gross operation cost of said center; and provided further, that quarterly reports of expenditures shall be filed with the house and senate committees on ways and means `tc6 $721,238 `tc2 Office for Travel and Tourism. `tc1 9000-1900 `tc4 For the expenses of the office of travel and tourism; provided, that not less than one hundred thousand dollars be expended for promoting the Bay State Games; provided further, that no less than one million dollars be expended for international tourism promotion and marketing, including not more than twenty-five positions `tc6 $8,100,000 `tc5 Massachusetts Tourism Fund 100.0% `tc1 9000-1920 `tc4 For financial assistance for local tourist councils pursuant to section fourteen of chapter twenty-three A of the General Laws; provided, that the office of travel and tourism shall employ the same formula used during fiscal year nineteen hundred and ninety-two for the distribution of funds appropriated herein; provided further, that in addition to any grant received under said distribution of funds, an amount not less than one hundred thousand dollars shall be directly distributed to the Revolutions and Textiles of the Merrimack Valley Convention and Visitors Bureau, Inc. `tc6 $3,000,000 `tc5 Massachusetts Tourism Fund 100.0% `tc2 Massachusetts Film Bureau. `tc1 9000-2000 `tc4 For the administration of the Massachusetts film bureau; provided, that quarterly reports documenting the economic activity of the film industry in the commonwealth be filed with the house and senate committees on ways and means, including not more than eight positions `tc6 $400,000 `tc2 Office for International Trade and Investment. `tc1 9000-2100 `tc4 For expenses of the Massachusetts international trade council `tc6 $1,000,000 `tc5 Massachusetts Tourism Fund 60.0% General Fund 40.0% `tc2 State Office for Minority and Women Business Assistance. `tc1 9000-2200 `tc4 For the expenses of the state office of minority and women business assistance, including not more than twelve positions `tc6 $468,436 `tc1 9000-9900 `tc4 For a grant to the Cape Cod Economic Development Council of Barnstable County `tc6 $50,000 `tc1 9081-7006 `tc4 For the expenses of the MassJobs Southeast Projects `tc6 $177,279 `tc2 Bay State Skills Corporation. `tc1 9081-7011 `tc4 For the expenses of the Bay State Skills Corporation and the Industry Responsive Training Program; and employment, training and counseling of Displaced Homemakers; and training of teachers; and workforce development and business assistance; provided that a report of all revenues, expenditures, assets and liabilities of said corporation shall be filed quarterly with the secretary of administration and finance and the house and senate committees on ways and means; provided further, that said corporation shall remain as a quasi-public corporation `tc6 $1,225,000 `tc2 Division of Energy Resources. `tc1 9095-0003 `tc4 For the administration of the office of energy resources; provided, that expenditures for the energy forecasting program shall be assessed upon utility companies as authorized by chapter twenty-five A of the General Laws; and provided further, that not more than two hundred thousand dollars shall be obligated for the state energy study component of the program, including not more than twenty-five positions `tc6 $822,522 `tc1 9095-0004 `tc4 For the administration of the residential conservation service program pursuant to chapter four hundred and sixty-five of the acts of nineteen hundred and eighty, and the commercial and apartment conservation service program pursuant to section twelve of chapter twenty-five A of the General Laws, including not more than five positions `tc6 $184,650 `tc3 EXECUTIVE OFFICE OF ELDER AFFAIRS. `tc2 Office of the Secretary. `tc1 9110-0100 `tc4 For the planning and administration of the executive office of elder affairs; provided, that the secretary of elder affairs shall, with the cooperation of the legislature, seek private funding of not more than thirty-seven thousand dollars for the elder advocacy organization known as the silver haired legislature, including not more than thirty-six positions `tc6 $1,849,607 `tc1 9110-1603 `tc4 For the managed care in housing program, for individuals at risk of institutionalization due to financial impairments, but which are not of sufficient severity to meet the clinical admissions criteria for medicaid nursing home eligibility; provided, that said individuals shall be subject to the same rules and regulations as those clients served under item 9110-1630 of this act `tc6 $8,276,000 `tc1 9110-1630 `tc4 For the home care program including home health and respite services, a protective services program and other programs which serve the elderly; provided, that said program shall include a sliding fee program in which all qualified elders shall participate, which shall include provisions to waive said fee in cases where the secretary of elder affairs determines assessment would cause extreme financial hardship; provided further, that revenues accrued from said sliding shall be retained by the individual home care corporations without reallocation by the executive office of elder affairs, and be expended for the purposes of the home care program, consistent with guidelines to be issued by the executive office of elder affairs; provided further, that no new programs shall be established without the prior written notification of the house and senate committees on ways and means; provided further, that the secretary shall transmit to the house and senate committees on ways and means no later than thirty days after the effective date of this act a plan indicating the estimated monthly caseload to be supported by the appropriation in this item and item 9110-1603; provided further, that anticipated monthly deviations from this initial estimated caseload of greater than two and one-half percent shall require said secretary to notify said committees no later than thirty days following the month reported; provided further, that not more than one million four hundred thousand dollars shall be obligated for the purchase of certified home health services for elders who are not eligible for medicaid; provided further, that said certified home health services shall include, but are not limited to, home health aide, nursing management and nursing assessments; provided further, that not more than three million one hundred seventy-four thousand dollars shall be obligated for a program of respite care services to provide relief for caregivers who normally provide care to severely impaired individuals, especially those with Alzheimer's disease; provided further, that not more than two percent of the funds appropriated herein for home care services may be used to meet matching requirements of Title III of the Older Americans Act; provided further, that the department of elder affairs shall submit a detailed report of aggregate monthly home care purchase of service expenditures, as described in lines thirty-eight to forty-three of item 9110-1630 of section two of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight; provided further, that the department of elder affairs shall submit said report to the house and senate committees on ways and means and the secretary of administration and finance, no later than two months following the month reported; provided further, that the secretary of elder affairs is hereby authorized and directed to work with the commissioner of public welfare and the director of the office of purchased services to identify all home care program services which meet the federal definition of personal care services in 42 CFR 440.170(f) and case management in 1915(g) of Title XIX, and to request federal matching funds for such services furnished to persons eligible for medical assistance under the provisions of chapter one hundred and eighteen E of the General Laws which are not presently reimbursable under any federal waiver program; provided further, that no funds appropriated herein shall be expended from this item for the expenses of home care corporations' administration or case management services; provided further, that each home care corporation's percentage share of state allocation under this item shall remain the same as its percentage share in fiscal year nineteen hundred and ninety-two; and provided further, that not less than forty thousand dollars be expended for Bay Path Senior Citizens Services for annual rental payment for office space `tc6 $72,042,305 `tc1 9110-1633 `tc4 For contracts between the executive office of elder affairs and home care corporations or other qualified bidders for the administration of the home care program funded through item 9110-1630 and item 9110-1603 of this act; provided, that said contracts shall include the costs of administrative personnel, home care case managers, travel, rent and any other costs deemed appropriate by the executive officer; provided further, that each home care corporation's percentage share of state allocation under this item shall remain the same as its percentage share in fiscal year nineteen hundred and ninety-two `tc6 $30,977,000 `tc1 9110-1635 `tc4 For a demonstration program in Fall River to provide twenty-four hour in-home medical and social assessment services and crisis intervention to elders in need and to elderly patients recently discharged from acute facilities `tc6 $138,000 `tc1 9110-1660 `tc4 For a program of congregate and shared housing services for the elderly; provided, that the department of elder affairs shall submit to the house and senate committees on ways and means a quarterly update, no later than the last day of the following quarter, of all new and existing coordinator positions filled and salaries paid for said positions `tc6 $1,190,000 `tc1 9110-1900 `tc4 For programs providing local services to the elderly including volunteer programs for the elderly; provided, that all funds appropriated under this item for an elder service corps shall be for corpsmen stipends, for the cost of mailing corpsmen stipends and for corpsmen participation in group insurance programs, as set forth in chapter one thousand one hundred and sixty-eight of the acts of nineteen hundred and seventy-three; provided further, that the stipend for full-time corpsmen shall not exceed the maximum allowed under earnings limitation sections of the Social Security Act and the stipend for part-time corpsmen shall not exceed one hundred and thirty dollars per month; provided further, that not less than two million five hundred thousand dollars shall be obligated for the administration of a meals program for elderly persons; provided further, that one million one hundred forty-seven thousand two hundred dollars shall be expended for the school lunch program authorized pursuant to section one L of chapter fifteen of the General Laws as amended by section three hundred nineteen and three hundred twenty of chapter one hundred thirty-eight of the acts of nineteen hundred and ninety-two; and provided further, that the department of elder affairs shall maximize federal reimbursement for meals served herein `tc6 $4,554,104 `tc5 General Fund 74.81% Local Aid Fund 25.19% `tc1 9110-9002 `tc4 For grants to the councils on aging; provided, that the executive office of elder affairs shall establish an incentive grant program for those councils that implement long term care volunteer programs `tc6 $2,046,873 `tc5 Local Aid Fund 100.0% `tc3 Executive Office of Consumer Affairs. Office of the Secretary. `tc1 9200-0100 `tc4 For the office of the secretary; provided, that the secretary shall expend no less than ninety-six thousand dollars for the expenses of the automobile insurance education program, including not more than ten positions `tc6 $654,002 `tc3 State Racing Commission. `tc1 9210-0001 `tc4 For the administration of the commission, including not more than fifty-six positions `tc6 $2,773,141 `tc3 Alcoholic Beverages Control Commission. `tc1 9212-0001 `tc4 For the administration of the commission, including not more than thirty positions `tc6 $887,542 `tc3 Community Antenna Television Commission. `tc1 9215-0001 `tc4 For the administration of the commission, including not more than six positions `tc6 $238,760 `tc3 Division of Standards. `tc1 9218-0100 `tc4 For the administration of the division, including not more than thirteen positions `tc6 $486,581 `tc3 Division of Banks. `tc1 9221-1000 `tc4 For the office of the commissioner, including not more than two hundred and twenty-five positions `tc6 $7,818,960 `tc3 Division of Insurance. `tc1 9222-0100 `tc4 For the administration of the division, including expenses of the board of appeal, and certain other costs of supervising motor vehicle liability insurance and the expenses of the fraudulent claims board; provided, that the positions of counsel I and counsel II shall not be subject to the provisions of chapter thirty-one of the General Laws; provided further, that contracts or orders for the purchase of statement blanks for the making of annual reports to the commissioner of insurance shall not be subject to the restrictions prescribed by section one of chapter five of the General Laws, including not more than one hundred and twelve positions `tc6 $5,133,320 `tc5 General Fund 65.0% Highway Fund 35.0% `tc1 9222-0199 `tc4 For the expenses and the administration of the motor vehicle liability policies and bonds, including not more than eleven positions `tc6 $407,842 `tc5 Highway Fund 100.0% `tc3 Division of Registration. `tc1 9230-0001 `tc4 For the professional licensing and inspection program of the division of registration; provided, that the position of investigator of radio-television technicians shall not be subject to chapter thirty-one of the General Laws, including not more than one hundred positions `tc6 $3,707,400 `tc1 9230-0150 `tc4 For the expenses of the board of registration and discipline in medicine and the committee on acupuncture, including not more than thirty-four positions `tc6 $1,646,601 `tc3 Department of Public Utilities. `tc1 9270-0001 `tc4 For the general administration of the department; provided, that notwithstanding the provisions of the second sentence of the first paragraph of section eighteen of chapter twenty-five of the General Laws, the assessments levied pursuant to said first paragraph of said section for fiscal year nineteen hundred and ninety-three shall be made at a rate sufficient to produce not more than three million two hundred thirty thousand eight hundred and fifty-six dollars, including not more than seventy-seven positions `tc6 $3,230,856 `tc2 Transportation Division. `tc1 9272-0001 `tc4 For the administration of the division, including not more than twenty-three positions `tc6 $786,737 `tc5 Highway Fund 100.0% `tc1 9275-0500 `tc4 For the expenses of the energy facilities siting council; provided, that the expenditures from this item to the maximum amount of five hundred sixty-eight thousand three hundred sixty-nine dollars shall be assessed upon utility companies in accordance with the provisions of chapter one hundred and sixty-four of the General Laws; provided further, that amounts incurred on account of fringe benefits of state personnel compensated from this item shall be assessed upon utility companies in accordance with the provisions of chapter one hundred and sixty-four of the General Laws and that amounts so assessed shall be credited to the General Fund; and provided further, that the position of executive secretary of the council shall be exempt from the provisions and requirements of job classification under chapter thirty of the General Laws, including not more than fifteen positions `tc6 $568,369 `tc1 9275-0600 `tc4 The energy facilities siting council is hereby authorized to expend revenues collected from filing fees in order to fund the review of applications to construct energy facilities, including the costs of personnel `tc6 $750,000 `tcol;end

EXECUTIVE OFFICE OF LABOR `t+1 SECRETARIAT MISSION

To preserve and protect the health, safety, legal and economic interests of the Massachusetts workforce.

`tcol(*)=2,T;c1=1,35,tf;c2=43,35,tf `tc1 STATUTORY REFERENCES `tc2 COMPONENT AGENCIES `tc1 Enabling Statute `tc2 Office of the Secretary `tc1 M.G.L. c. 6A { 18B-17E `tc2 Department of Labor and Industries `tc2 Board of Conciliation and Arbitration `tc2 Joint Labor Management Committee `tc2 Labor Relations Commission `tc2 Department of Industrial Accidents `tcol;end

OFFICE OF THE SECRETARY `t+1 AGENCY MISSION

To guide and support the departments and programs within the secretariat through policy formulation, general administration and budget planning.

`tcol(*)=2,T;c1=1,35,tf;c2=43,35,tf `tc1 STATUTORY REFERENCES `tc2 COMPONENT PROGRAMS `tc1 Enabling Statute `tc2 1. Administration `tc1 M.G.L. c. 6A { 2 `tc2 2. Industrial Services `tcol;end

PROGRAM 1: Administration `t+1 PROGRAM MISSION

To guide and support the departments and programs within the secretariat through policy formulation, general administration and budget planning.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tf `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Conduct quarterly reviews of program performance and the use of resources. `tc2 1. Reviews conducted. `tc1 2. Report secretariat performance on objectives and each performance measure to the secretary of administration and finance and the Legislature within a month of the end of each quarter. `tc2 2. Reports submitted. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9400-0100 `tc4 For the administration program of the office of the secretary, including not more than eight positions `tc6 $400,000 `tcol;end

PROGRAM 2: Industrial Services `t+1 PROGRAM MISSION

Provide consulting services and financial support to manufacturing businesses in an effort to retain jobs and increase employee involvement and productivity.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Administer economic stabilization trust funds to prevent business failures and workforce reductions. `tc2 1a. Number of businesses assisted. `tc2 1b. Number of business failures prevented. `tc2 1c. Number of jobs retained or created. `tc2 1d. Number fo loan defaults. `tc1 2. Provide consulting services to ailing manufacturing companies to preserve jobs and increase productivity. `tc2 2a. Number of businesses assisted. `tc2 2b. Number of business failures prevented. `tc2 2c. Number of jobs retained or created. `tc1 3. Provide information and technical assistance to firms and business groups to encourage employee involvement and ownership. `tc2 3a. Number of business forums conducted. `tc2 3b. Number of companies initiating employee involvement and ownership measures. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9400-1100 `tc4 For the employee involvement and ownership in the workplace component of the industrial services program `tc6 $72,000 `tc1 9400-1700 `tc4 For the economic stabilization trust component of the industrial services program as provided by chapter twenty-three D of the General Laws, and for a reemployment assistance program as specified in section seventy-one D of chapter one hundred and fifty-one A of the General Laws; provided, that a report of all revenues, expenditures, assets and liabilities of the program and of the economic stabilization trust be filed quarterly with the secretary of administration and finance and the house and senate committees on ways and means `tc6 $150,000 `tcol;end

DEPARTMENT OF LABOR AND INDUSTRIES `t+1 AGENCY MISSION

To administer programs that protect the health and welfare of the Massachusetts workforce.

`tcol(*)=2,T;c1=1,35,tf;c2=43,35,tf `tc1 STATUTORY REFERENCES `tc2 COMPONENT PROGRAMS `tc1 Enabling Statute `tc2 1. Administration and Legal Ser- `tc1 M.G.L. c. 23 { 1-6 `tc2 vices `tc2 2. Industrial Safety `tc2 3. Occupational Hygiene `tc2 4. Wage Enforcement `tc2 5. Apprentice Training `tcol;end

PROGRAM 1: Administration and Legal Services `t+1 PROGRAM MISSION

To manage the department's resources and programs in order to resolve legal issues and problems concerning the state's workforce.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Enforce state labor laws and regulations through timely prosecution of alleged violations. `tc2 1a. Number of cases prosecuted. `tc2 1b. Average time taken to process case. `tc2 1c. Percent of cases prosecuted successfully. `tc1 2. Hold bid protest hearings to determine violations in public bidding requirements. `tc2 2a. Number of bid protests filed. `tc2 2b. Number of hearings held. `tc2 2c. Average time elapsed between protest filing date and date of hearing. `tc2 2d. Average time elapsed between date of hearing and date of decision. `tc1 3. Respond to constituent inquiries concerning labor laws by issuing advisory opinions in a timely fashion. `tc2 3a. Number of inquiries received. `tc2 3b. Number of opinions issued. `tc2 3c. Average time elapsed between date of initial inquiry and date opinion is issued. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9410-0100 `tc4 For the administration and legal services program of the department; provided, that the department shall administer the licensing and certification of deleaders; provided further, that the department shall conduct a program of recruitment and training for women in construction, including not more than eighteen positions `tc6 $754,021 `tcol;end

PROGRAM 2: Industrial Safety `t+1 PROGRAM MISSION

To administer and enforce the state's laws and standards concerning safety in the workplace to limit occupational hazards, accidents and injuries.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Conduct industrial and construction site investigations to determine compliance with safety laws and regulations. `tc2 1a. Number of complaints or inquiries received. `tc2 1b. Number of site investigations conducted. `tc2 1c. Number of industrial accidents reported. `tc2 1d. Number of industrial related fatalities reported. `tc1 2. Conduct child labor and employment agency investigations to determine compliance with appropriate laws and regulations. `tc2 2a. Number of complaints received. `tc2 2b. Number of investigations conducted. `tc2 2c. Number of violations of child labor laws identified. `tc1 3. Conduct inspections to determine compliance with laws and regulations pertaining to the presence of lead and asbestos in the workplace. `tc2 3a. Number of inspections conducted. `tc2 3b. Number of violations of lead paint and asbestos laws identified. `tc1 4. Provide information and assistance to municipalities to secure financial support for programs to inform workers and communities about their rights concerning the handling of toxic substances. `tc2 4. Number of municipalities assisted. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9411-0100 `tc4 For the administration and operations component of the industrial safety program, including not more than thirty-six positions `tc6 $1,439,385 `tc1 9411-0105 `tc4 For the "right to know" component of the industrial safety program to implement certain provisions of chapter four hundred seventy of the acts of nineteen hundred and eighty-three `tc6 $50,000 `tcol;end

PROGRAM 3: Occupational Hygiene `t+1 PROGRAM MISSION

To enforce hygiene standards in the workplace to ensure the health and well-being of the state's workforce.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Conduct industrial site inspections to determine compliance with state health and sanitation laws. `tc2 1a. Number of complaints received. `tc2 1b. Number of site inspections conducted. `tc2 1c. Number of violations of state health laws identified. `tc1 2. Conduct training and provide information relating to occupational hygiene. `tc2 2. Number of persons trained or instructed. `tc1 3. Perform laboratory tests on air and blood samples to determine existence and levels of toxic substances. `tc2 3a. Number of samples analyzed. `tc2 3b. Percent of samples indicating unacceptable levels of toxic substances. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9412-0100 `tc4 For the occupational hygiene program; provided, that for a program to evaluate the asbestos level in public schools and other public buildings, the division may employ staff which shall not be subject to chapter thirty-one of the General Laws, including not more than twenty-one positions `tc6 $1,039,871 `tcol;end

PROGRAM 4: Wage Enforcement `t+1 PROGRAM MISSION

To enforce wage-related provisions and laws to ensure the conduct of fair labor practices.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Enforce the minimum wage law, child labor laws, rules restricting the use of lie detectors by employers and rules governing wage levels for public contracts. `tc2 1a. Number of wage-related complaints received. `tc2 1b. Number of wage-related law violations investigated. `tc2 1c. Number of restraining procedures initiated. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9413-0100 `tc4 For the wage enforcement program, including not more than thirty positions `tc6 $1,259,970 `tcol;end

PROGRAM 5: Apprentice Training `t+1 PROGRAM MISSION

Coordinate efforts of labor and management to establish and maintain apprentice training in the skilled trades.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Program Measures `tc1 1. Support efforts by Massachusetts companies to provide apprentice training. `tc2 1. Number of businesses that provide apprentice training. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9415-0100 `tc4 For the apprentice training program; provided, that no position in the apprentice training division shall be subject to chapter thirty-one of the General Laws, including not more than fifteen positions `tc6 $342,151 `tcol;end

BOARD OF CONCILIATION AND ARBITRATION `t+1 AGENCY MISSION

To mediate and arbitrate labor and management disputes to achieve impasse resolution and encourage constructive and cooperative labor-management relationships.

`tcol(*)=2,T;c1=1,35,tf;c2=43,35,tf `tc1 STATUTORY REFERENCES `tc2 COMPONENT PROGRAMS `tc1 Enabling Statute `tc2 1. Dispute Mediation and Arbitra- `tc1 M.G.L. c. 23C `tc2 tion `tc1 M.G.L. c. 150E `tcol;end

PROGRAM 1: Dispute Mediation and Arbitration `t+1 PROGRAM MISSION

To mediate and arbitrate labor and management disputes to achieve impasse resolution and encourage constructive and cooperative labor-management relationships.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Provide interest mediation and grievance arbitration services to assist public management and unions to reach settlements when direct negotiations have failed. `tc2 1a. Number of public sector strikes settled. `tc2 1b. Number of grievance mediation cases settled. `tc2 1c. Number of grievance arbitration cases resolved. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9420-0100 `tc4 For the dispute mediation and arbitration program of the board of conciliation and arbitration, including not more than fifteen positions `tc6 $624,089 `tcol;end

JOINT LABOR MANAGEMENT COMMITTEE `t+1 AGENCY MISSION

To assist municipalities and their public safety labor organizations to resolve disputes arising from collective bargaining negotiations to ensure that services are not interrupted.

`tcol(*)=2,T;c1=1,35,tf;c2=43,35,tf `tc1 STATUTORY REFERENCES `tc2 COMPONENT PROGRAMS `tc1 Enabling Statute `tc2 1. Public Safety Dispute Mediation `tc1 St. 1979, c. 154 `tcol;end

PROGRAM 1: Public Safety Dispute Mediation `t+1 PROGRAM MISSION

To assist municipalities and their public safety labor organizations to resolve disputes arising from collective bargaining negotiations to ensure that services are not interrupted.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Conduct field investigations, mediation sessions, and procedural hearings as necessary to help resolve municipal police and firefighter labor-management disputes. `tc2 1a. Number of municipal cases resolved. `tc2 1b. Percentage of all field investigations conducted within 30 days. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9421-0100 `tc4 For the public safety dispute mediation program of the joint labor-management committee, including not more than eight positions `tc6 $394,812 `tcol;end

LABOR RELATIONS COMMISSION `t+1 AGENCY MISSION

To ensure the prompt, fair and peaceful resolution of labor disputes.

`tcol(*)=2,T;c1=1,35,tf;c2=43,35,tf `tc1 STATUTORY REFERENCES `tc2 COMPONENT PROGRAMS `tc1 Enabling Statutes `tc2 1. Labor Relations `tc1 M.G.L. c. 23 { 9O-9R `tcol;end

PROGRAM 1: Labor Relations `t+1 PROGRAM MISSION

To ensure the prompt, fair and peaceful resolution of labor disputes.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Perform quasi-judicial functions to investigate and dispose of or adjudicate labor disputes. `tc2 1a. Number of labor relations cases closed. `tc2 1b. Average number of weeks taken to process a case from initial filing. `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9430-0100 `tc4 For the labor relations program of the commission, including not more than twenty-two positions `tc6 $875,202 `tcol;end

DEPARTMENT OF INDUSTRIAL ACCIDENTS `t+1 AGENCY MISSION

To monitor, prevent and provide compensation for work related accidents, injuries and illnesses through dispute resolution, dissemination of workplace health and safety information and administration of public and private trust funds.

`tcol(*)=2,T;c1=1,35,tf;c2=43,35,tf `tc1 STATUTORY REFERENCES `tc2 COMPONENT PROGRAMS `tc1 Enabling Statutes `tc2 1. Industrial Accidents `tc1 M.G.L. c. 23E `tcol;end

PROGRAM 1: Industrial Accidents `t+1

PROGRAM MISSION

To monitor, prevent and provide compensation for work related accidents, injuries and illnesses through dispute resolution, dissemination of workplace health and safety information and administration of public and private trust funds.

`tcol(*)=2,T;c1=1,35,tfh1;c2=43,35,tfh1 `tc1 Program Objectives `tc2 Performance Measures `tc1 1. Process all financial transactions pursuant to statutory requirements. `tc2 1a. Percentage of all eligible fees, fines and late charges collected. `tc2 1b. Percentage of all bills and industry assessments processed on time. `tc1 2. Process and adjudicate dispute resolution cases within statutory time frames. `tc2 2a. Percentage of all cases processed and adjudicated on time. `tc2 2b. Number of cases resolved through arbitration. `tc2 2c. Number of cases adjudicated. `tc1 3. Provide training and information to employees and employers concerning occupational health and safety standards. `tc2 3a. Number of employers trained. `tc2 3b. Percentage of employers receiving training that initiate specific measures to reduce workplace accidents and injuries. `tc1 4. Ensure that all employers are providing worker's compensation coverage to their employees as required by law. `tc2 4a. Number of investigations for compliance conducted. `tc2 4b. Number of violations identified. `tc2 4c. Amount of penalties assessed. `tcol;end

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9440-0200 `tc4 For the industrial accidents program; provided, that the General Fund shall be reimbursed for monies appropriated under this account and associated indirect and fringe benefit costs from assessments levied pursuant to section sixty-five of chapter one hundred and fifty-two of the General Laws, including not more than three hundred and thirty-two positions `tc6 $15,729,744 `tc3 Legislature. `tc2 Senate. `tc1 9511-0000 `tc4 For the compensation of senators `tc6 $1,605,000 `tc1 9511-8000 `tc4 For expenses of senators, including travel `tc6 $168,208 `tc1 9512-0000 `tc4 For the office of the senate clerk, prior appropriation continued `tc6 $557,480 `tc1 9512-0100 `tc4 For in-house printing, duplicating and other expenses, prior appropriation continued `tc6 $99,072 `tc1 9513-0000 `tc4 For the salary of the chaplain of the senate `tc6 $4,000 `tc1 9514-0000 `tc4 For the office of the senate counsel, prior appropriation continued `tc6 $590,000 `tc1 9515-0000 `tc4 For administrative and legislative aides to the senators, prior appropriation continued `tc6 $3,936,000 `tc1 9515-0100 `tc4 For the cost of unemployment, medicare and workers' compensation charges assessed against the employees of the senate `tc6 $198,000 `tc1 9516-0000 `tc4 For administrative, secretarial and clerical assistance to the senators, prior appropriation continued `tc6 $1,000,000 `tc1 9516-0030 `tc4 For a legislative intern and service program for the senate, prior appropriation continued `tc6 $100,000 `tc1 9517-0000 `tc4 For the office of the senate committee on ways and means, prior appropriation continued `tc6 $1,122,612 `tc1 9518-0000 `tc4 For the office supplies and other expenses of the senators, prior appropriation continued `tc6 $620,160 `tc1 9519-5000 `tc4 For the salaries of court officers and pages of the senate, prior appropriation continued `tc6 $955,200 `tc1 9519-6000 `tc4 For the office of legislative post audit and oversight bureau of the senate, prior appropriation continued `tc6 $245,333 `tc1 9519-7000 `tc4 For legislative committee services for the senate, prior appropriation continued `tc6 $1,400,000 `tc1 9519-8000 `tc4 For the expenses of televising sessions of the Senate, prior appropriation continued. `tc2 House of Representatives. `tc1 9621-0000 `tc4 For the compensation of representatives, prior appropriation continued `tc6 $5,225,832 `tc1 9622-8000 `tc4 For expenses of representatives, including travel, prior appropriation continued `tc6 $771,380 `tc1 9623-0000 `tc4 For the office of the clerk of the house of representatives, prior appropriation continued `tc6 $506,208 `tc1 9624-0000 `tc4 For the salary of the chaplain of the house of representatives, prior appropriation continued `tc6 $15,359 `tc1 9625-0000 `tc4 For the office of the house counsel, prior appropriation continued `tc6 $1,035,016 `tc1 9626-0000 `tc4 For the office of the house committee on rules, prior appropriation continued `tc6 $1,010,401 `tc1 9626-0010 `tc4 For repairs and renovations, prior appropriation continued `tc6 $186,000 `tc1 9627-0050 `tc4 For the cost of unemployment, medicare and workers' compensation charges assessed against the employees of the house of representatives, prior appropriation continued `tc6 $319,132 `tc1 9628-0000 `tc4 For the office of the house committee on ways and means, prior appropriation continued `tc6 $1,216,833 `tc1 9628-0020 `tc4 For the performance oversight component of the house ways and means committee, prior appropriation continued `tc6 $180,000 `tc1 9629-0000 `tc4 For clerical and other expenses of the members of the house of representatives, prior appropriation continued `tc6 $2,568,307 `tc1 9630-0020 `tc4 For administrative and legislative aides to the members of the house of representatives, prior appropriation continued `tc6 $3,600,316 `tc1 9631-0021 `tc4 For the two administrative assistants to work within the county in which they reside under the direction of the elected representative from the Cape and Islands District; provided, that such assistants shall be residents of the districts; provided further, that each reside in separate counties and neither shall reside in the county in which the elected representative resides; and provided further, that such assistants shall be appointed by said elected representative, prior appropriation continued `tc6 $56,597 `tc1 9632-0040 `tc4 For office supplies and other expenses of the house of representatives, prior appropriation continued `tc6 $638,824 `tc1 9633-0000 `tc4 For the expenses of televising sessions of the house of representatives, prior appropriation continued `tc6 $559,207 `tc1 9634-2000 `tc4 For the expenses related to the House Information Systems, including maintenance of data and telecommunications equipment, prior appropriation continued `tc6 $154,349 `tc1 9634-3000 `tc4 For the salaries of court officers and pages of the house of representatives, prior appropriation continued `tc6 $864,521 `tc1 9634-4000 `tc4 For the expenses of the office of the house committee on personnel administration, prior appropriation continued `tc6 $34,452 `tc1 9634-5000 `tc4 For legislative committee services for the house of representatives, prior appropriation continued `tc6 $4,754,325 `tc1 9634-6000 `tc4 For the office of legislative post audit and oversight bureau of the house of representatives, prior appropriation continued `tc6 $852,833 `tc2 Joint Legislative Expenses. `tc1 9731-0000 `tc4 For the office of the sergeant-at-arms, prior appropriation continued `tc6 $518,728 `tc1 9731-0050 `tc4 For the cost of unemployment, medicare and worker's compensation charges assessed against the employees of the joint legislative committees `tc6 $179,682 `tc1 9734-1000 `tc4 For the salaries of clerks employed in the legislative document room, prior appropriation continued `tc6 $376,570 `tc1 9735-0000 `tc4 For the contingent expenses of the senate and house of representatives and necessary expenses in and about the state house, with the approval of the sergeant-at-arms, prior appropriation continued `tc6 $180,100 `tc1 9736-0000 `tc4 For the rental, maintenance and updating of an electric roll call system, prior appropriation continued `tc6 $22,532 `tc1 9737-0000 `tc4 For the legislative service bureau, prior appropriation continued `tc6 $455,924 `tc1 9738-0001 `tc4 For the administration of the office of legislative data processing, prior appropriation continued `tc6 $705,107 `tc1 9739-0003 `tc4 For the compilation, indexing, annotating, printing and other expenses in connection with the publication of the bulletin of committee hearings and of the daily list, with the approval of the joint committee on rules, prior appropriation continued `tc6 $167,167 `tc1 9742-0000 `tc4 For the administration of the legislative engrossing division, prior appropriation continued `tc6 $187,069 `tc1 9743-0000 `tc4 For printing, binding and paper ordered by the senate and house of representatives, or by concurrent order of the two branches, for printing the manual of the general court, with the approval of the clerks of the respective branches, and for biographical sketches of certain state and federal officials and other expenses, prior appropriation continued `tc6 $2,051,858 `tc1 9744-1000 `tc4 For telephone and telegraph service, prior appropriation continued `tc6 $2,784,627 `tc1 9745-0000 `tc4 For the emergency service of a physician, for medical supplies in the state house and for expenses, including the purchase of equipment in connection therewith, subject to the approval of the joint committee on rules; provided, that section twenty-one of chapter thirty of the General Laws shall not apply to the payments made under this item, prior appropriation continued `tc6 $26,170 `tc1 9746-0000 `tc4 For the expenses of the joint committees on rules and for clerical and other assistance to the joint committees, prior appropriation continued `tc6 $174,242 `tc1 9747-0010 `tc4 For the expenses of joint standing and special committees authorized by joint order to sit and travel during the session and recess of the general court, said funds to be allocated to committees only upon written approval of the president of the senate and the speaker of the house of representatives, prior appropriation continued `tc6 $38,054 `tc1 9748-0000 `tc4 For membership fees and programs of legislative associations for the general court of the commonwealth, with the approval of the president of the senate and the speaker of the house of representatives, prior appropriation continued `tc6 $209,443 `tc1 9749-0000 `tc4 For the expenses of the special commission on financial services, established by section one hundred and eleven of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine, provided, however, that this appropriation shall be fully funded by assessments on depository, nondepository and other financial institutions, prior appropriation continued `tc6 $480,000 `tc1 9749-0100 `tc4 For the expenses of the joint committee on redistricting, prior appropriation continued `tc6 $600,000 `tc1 9749-0200 `tc4 For the expenses of the study authorized by section forty-three of chapter one hundred and forty-two of the acts of nineteen hundred and ninety-one; provided, however, that the expenditure of funds appropriated herein shall be contingent on the prior receipt of private donations equal to or greater than said expenditure; and, provided further, that said donations shall be deposited into the General Fund, prior appropriation continued. `tcol;end

SECTION 2A. The amounts set forth in this section are hereby appropriated from the General Federal Grants Fund. Federal funds received in excess of the amount appropriated in this section shall be expended only in accordance with the provisions of section six B of chapter twenty-nine of the General Laws. The amount of any unexpended balance of federal grant funds received prior to June thirtieth, nineteen hundred and ninety-two, and not included as part of an appropriation item in this section, is hereby made available for expenditure during fiscal year nineteen hundred and ninety-three, in addition to any amount appropriated in this section.

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 District Attorneys. `tc2 District Attorneys' Offices. `tc1 0340-0151 `tc4 For the purposes of a federally funded grant entitled, Financial Investigations Suffolk County `tc6 $249,000 `tc1 0340-0318 `tc4 For the purposes of a federally funded grant entitled, Priority Drug Prosecution `tc6 $63,000 `tc3 Secretary of the Commonwealth. `tc2 Office of the Secretary of the Commonwealth. `tc1 0526-0105 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Statewide Historical Survey `tc6 $580,000 `tc1 0526-0115 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Historical Commission Federal Preservation Grants `tc6 $242,000 `tc3 Treasurer and Receiver-General. `tc2 Massachusetts Cultural Council. `tc1 0640-9717 `tc4 For the purposes of a federally funded grant entitled, Promotion of Arts, Basic State Grant `tc6 $496,000 `tc1 0640-9718 `tc4 For the purposes of a federally funded grant entitled, Promotion of Arts, Artists in Education `tc6 $75,000 `tc3 Attorney General. `tc2 Attorney General's Office. `tc1 0810-6646 `tc4 For the purposes of a federally funded grant entitled, Crime Victim Compensation `tc6 $791,000 `tc1 0810-6647 `tc4 For the purposes of a federally funded grant entitled, Hazardous Waste Enforcement `tc6 $10,000 `tc1 0840-0110 `tc4 For the purposes of a federally funded grant entitled, Crime Victims Assistance `tc6 $1,494,000 `tc3 Executive Office for Administration and Finance. `tc2 Administering Agency for Developmental Disabilities. `tc1 1100-1703 `tc4 For the purposes of a federally funded grant entitled, Administering Agency for Developmental Disabilities `tc6 $1,080,000 `tc1 1100-1710 `tc4 For the purposes of a federally funded grant entitled, Mass. Developmental Disabilities Council `tc6 $300,000 `tc2 Office on Disability. `tc1 1107-2450 `tc4 For the purposes of a federally funded grant entitled, Client Assistance Program `tc6 $180,000 `tc2 Massachusetts Commission Against Discrimination. `tc1 1150-5338 `tc4 For the purposes of a federally funded grant entitled, Fair Housing Assistance Program Type I `tc6 $105,000 `tc1 1150-5339 `tc4 For the purposes of a federally funded grant entitled, Equal Employment Resolution Contract `tc6 $681,000 `tc3 Executive Office of Environmental Affairs. `tc2 Office of the Secretary of Environmental Affairs. `tc1 2000-0141 `tc4 For the purposes of a federally funded grant entitled, Coastal Zone Management Development `tc6 $1,230,000 `tc1 2000-0144 `tc4 For the purposes of a federally funded grant entitled, Assessment of Sand Inside Plymouth Bay `tc6 $25,000 `tc1 2000-0148 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Bay National Estuary Project `tc6 $700,000 `tc1 2000-9731 `tc4 For the purposes of a federally funded grant entitled, Buzzards Bay Project Comprehensive Estuarine Management `tc6 $300,000 `tc1 2030-9701 `tc4 For the purposes of a federally funded grant entitled, Outdoor Recreation Projects `tc6 $3,000,000 `tc2 Department of Environmental Management. `tc1 2120-9701 `tc4 For the purposes of a federally funded grant entitled, Rural Community Fire Protection `tc6 $28,000 `tc1 2120-9707 `tc4 For the purposes of a federally funded grant entitled, Urban and Community Forestry `tc6 $440,400 `tc1 2120-9708 `tc4 For the purposes of a federally funded grant entitled, Improved Wood Utilization `tc6 $65,000 `tc1 2120-9715 `tc4 For the purposes of a federally funded grant entitled, Resources Development Program `tc6 $8,925 `tc1 2121-9709 `tc4 For the purposes of a federally funded grant entitled, Forestry Planning `tc6 $305,680 `tc1 2121-9710 `tc4 For the purposes of a federally funded grant entitled, Rural Fire Protection Training and Excess Property `tc6 $150,000 `tc1 2130-9703 `tc4 For the purposes of a federally funded grant entitled, Washington Mountain Brook Watershed Project `tc6 $459,371 `tc1 2140-9705 `tc4 For the purposes of a federally funded grant entitled, Waquoit Bay National Estuaries Research Reserve `tc6 $20,000 `tc1 2140-9706 `tc4 For the purposes of a federally funded grant entitled, Waquoit Bay Operating Costs `tc6 $70,000 `tc1 2140-9707 `tc4 For the purposes of a federally funded grant entitled, Waquoit Bay Characterization Projects `tc6 $30,000 `tc1 2140-9711 `tc4 For the purposes of a federally funded grant entitled, SBA Tree Planting Program `tc6 $355,000 `tc1 2140-9750 `tc4 For the purposes of a federally funded grant entitled, Insect and Disease Suppression `tc6 $375,000 `tc3 Department of Environmental Protection. `tc1 2200-9704 `tc4 For the purposes of a federally funded grant entitled, Solid Waste Disposal Conservation and Recovery `tc6 $1,605,000 `tc1 2200-9705 `tc4 For the purposes of a federally funded grant entitled, Underground Water Source Protection Program `tc6 $108,000 `tc1 2200-9706 `tc4 For the purposes of a federally funded grant entitled, Water Quality Management Planning `tc6 $849,853 `tc1 2200-9709 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Multi-Site Cooperative Agreement `tc6 $900,000 `tc1 2200-9712 `tc4 For the purposes of a federally funded grant entitled, Cooperative Agreement Leaking Underground Storage Tank Program `tc6 $900,000 `tc1 2200-9713 `tc4 For the purposes of a federally funded grant entitled, Cooperative Agreement PSC Palmer Superfund Site `tc6 $20,000 `tc1 2200-9715 `tc4 For the purposes of a federally funded grant entitled, Core Cooperative Agreement Cercla Implementation Support `tc6 $375,000 `tc1 2200-9716 `tc4 For the purposes of a federally funded grant entitled, Development of Donna Road Aquifer as a Public Water Supply `tc6 $450,000 `tc1 2200-9732 `tc4 For the purposes of a federally funded grant entitled, Water Quality Certification and Wetlands Assessment `tc6 $78,900 `tc1 2200-9733 `tc4 For the purposes of a federally funded grant entitled, Wetlands Public Education and Outreach `tc6 $43,000 `tc1 2200-9740 `tc4 For the purposes of a federally funded grant entitled, Municipal Training Program `tc6 $38,590 `tc1 2240-9705 `tc4 For the purposes of a federally funded grant entitled, Shallow Injection `tc6 $8,385 `tc1 2240-9707 `tc4 For the purposes of a federally funded grant entitled, 1991 Water Pollution Control Program `tc6 $1,830,000 `tc1 2240-9709 `tc4 For the purposes of a federally funded grant entitled, Clean Lakes Program `tc6 $342,285 `tc1 2240-9710 `tc4 For the purposes of a federally funded grant entitled, State Management Assistance Grant `tc6 $1,320,157 `tc1 2240-9712 `tc4 For the purposes of a federally funded grant entitled, Technical Assistance and Training `tc6 $40,000 `tc1 2240-9713 `tc4 For the purposes of a federally funded grant entitled, Wastewater Laboratory Training Program `tc6 $118,700 `tc1 2240-9716 `tc4 For the purposes of a federally funded grant entitled, Non-point Source Assessment Report and Management Plan `tc6 $323,614 `tc1 2240-9717 `tc4 For the purposes of a federally funded grant entitled, Non-point Source Management Plan `tc6 $288,834 `tc1 2240-9718 `tc4 For the purposes of a federally funded grant entitled, NPS New Management Plan `tc6 $45,000 `tc1 2240-9719 `tc4 For the purposes of a federally funded grant entitled, Lake Water Quality Assessment `tc6 $160,000 `tc1 2240-9721 `tc4 For the purposes of a federally funded grant entitled, Water Quality Implementation `tc6 $112,000 `tc1 2250-9701 `tc4 For the purposes of a federally funded grant entitled, Safe Drinking Water Act `tc6 $564,400 `tc1 2250-9704 `tc4 For the purposes of a federally funded grant entitled, Toxic Use Reduction `tc6 $151,764 `tc1 2250-9710 `tc4 For the purposes of a federally funded grant entitled, Statewide Air Pollution Control Program `tc6 $4,179,258 `tc3 Department of Fisheries, Wildlife and Environmental Law Enforcement. `tc1 2330-9701 `tc4 For the purposes of a federally funded grant entitled, Interjurisdictional Fisheries Management `tc6 $10,000 `tc1 2330-9709 `tc4 For the purposes of a federally funded grant entitled, Commercial Fisheries Research and Development `tc6 $85,000 `tc1 2330-9712 `tc4 For the purposes of a federally funded grant entitled, Commercial Fisheries Statistics `tc6 $140,000 `tc1 2330-9714 `tc4 For the purposes of a federally funded grant entitled, Commercial Fisheries Extension `tc6 $6,000 `tc1 2330-9718 `tc4 For the purposes of a federally funded grant entitled, Characterization of Striped Bass Landing `tc6 $2,000 `tc1 2330-9719 `tc4 For the purposes of a federally funded grant entitled, Fisheries Resource Assessment `tc6 $52,000 `tc1 2330-9721 `tc4 For the purposes of a federally funded grant entitled, Anadromous Fish Management `tc6 $53,400 `tc1 2340-9701 `tc4 For the purposes of a federally funded grant entitled, Safe Boating Program `tc6 $500,000 `tc3 Department of Food and Agriculture. `tc1 2511-0310 `tc4 For the purposes of a federally funded grant entitled, Pesticide Enforcement `tc6 $255,400 `tc1 2511-0320 `tc4 For the purposes of a federally funded grant entitled, Certification of Pesticide Applicators `tc6 $31,400 `tc1 2516-9002 `tc4 For the purposes of a federally funded grant entitled, Development of Institutional Marketing `tc6 $150,000 `tc1 2516-9003 `tc4 For the purposes of a federally funded grant entitled, Farmers' Market Coupon Program `tc6 $425,000 `tc3 Executive Office of Communities and Development. `tc2 Office of the Secretary of Communities and Development. `tc1 3722-9011 `tc4 For the purposes of a federally funded grant entitled, Supportive Housing Demonstration Program `tc6 $992,288 `tc1 3722-9013 `tc4 For the purposes of a federally funded grant entitled, Section 8 Existing Housing Program; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $71,381,264 `tc1 3722-9014 `tc4 For the purposes of a federally funded grant entitled, Section 8 Federal Housing Voucher Program; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $15,405,155 `tc1 3722-9019 `tc4 For the purposes of a federally funded grant entitled, Section 8 Moderate Rehabilitation; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $17,349,498 `tc1 3722-9020 `tc4 For the purposes of a federally funded grant entitled, Section 8 New Construction Program; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $3,715,890 `tc1 3722-9028 `tc4 For the purposes of a federally funded grant entitled, HOME `tc6 $16,000,000 `tc1 3724-3037 `tc4 For the purposes of a federally funded grant entitled, Small Cities Community Development Block Grant Program; provided, that revenues not to exceed an amount of two million dollars accrued from economic development programs may be expended without further appropriation; provided further, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $34,000,000 `tc1 3724-3040 `tc4 For the purposes of a federally funded grant entitled, Rental Rehabilitation Program `tc6 $253,000 `tc1 3724-9009 `tc4 For the purposes of a federally funded grant entitled, Section 8 Substantial Rehabilitation Program; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $5,000,000 `tc1 3743-2030 `tc4 For the purposes of a federally funded grant entitled, Weatherization Assistance for Low Income Persons; provided, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $6,646,541 `tc1 3743-2033 `tc4 For the purposes of a federally funded grant entitled, Low Income Home Energy Assistance Program; provided, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $61,804,319 `tc1 3743-2034 `tc4 For the purposes of a federally funded grant entitled, Community Services Block Grant; provided, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $9,088,149 `tc1 3743-2050 `tc4 For the purposes of a federally funded grant entitled, Emergency Community Services Homeless Program; provided, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide quarterly payments in advance to participating agencies `tc6 $856,322 `tc3 Executive Office of Health and Human Services. `tc1 4000-0701 `tc4 For the purposes of a federally funded grant entitled, the Cooperative Agreement for Primary Care `tc6 $89,333 `tc1 4000-0702 `tc4 For the purposes of a federally funded grant entitled, Child Care Development Block Grant; provided, that two million, two hundred and thirteen thousand, two hundred and eighty dollars shall be expended for the purchase of contracted child care for income eligible working families not eligible for transitional child care as defined in Title IV-F of the Social Security Act; provided further, that six million four hundred and nineteen thousand seven hundred and twenty dollars shall be expended for income eligible child care vouchers for income eligible working families not eligible for transitional child care as defined by Title IV-F of the Social Security Act; provided further, that five hundred thousand dollars shall be expended for the provision of operating support for community-based child care resource and referral programs that provide direct services to parents; provided further, that four hundred thousand dollars shall be expended through child care resource and referral agencies and other qualified community-based child care training programs for the provision of child care training; provided further, that one hundred and seventy-five thousand dollars shall be expended for child care services to disabled persons; and provided further, that fifty thousand dollars shall be expended to provide mainstreaming and technical assistance for providers serving children with disabilities or special needs `tc6 $9,858,000 `tc1 4000-0804 `tc4 For the purposes of a federally funded grant entitled, Refugee Targeted Assistance Grant `tc6 $1,285,006 `tc1 4000-0805 `tc4 For the purposes of a federally funded grant entitled, Refugee Resettlement Program, Social Services `tc6 $3,318,028 `tc1 4000-0806 `tc4 For the purposes of a federally funded grant entitled, Refugee Cash, Medical and Administration `tc6 $15,964,772 `tc1 4000-0807 `tc4 For the purposes of a federally funded grant entitled, State Legalization Impact Assistance Grant `tc6 $1,611,000 `tc1 4000-9000 `tc4 For the purposes of a federally funded grant entitled, Refugee Resettlement Services `tc6 $45,000 `tc1 4000-9400 `tc4 For the purposes of a federally funded grant entitled, Alcohol, Drug Abuse, and Mental Health Services Block Grant `tc6 $39,395,721 `tc2 Massachusetts Commission for the Blind. `tc1 4110-3020 `tc4 For the purposes of a federally funded grant entitled, Vocational Rehabilitation; provided, that any reimbursement received for successful vocational rehabilitation closures under the federal Social Security Act's Vocational Rehabilitation Program may be used by the commission for the blind to provide for essential client programming, including but not limited to pre-vocational and supported employment services; provided further, that no reimbursement received for such vocational rehabilitation closures shall be expended by the commission without the prior approval of the secretary of health and human services and the secretary of administration and finance `tc6 $500,000 `tc1 4110-3021 `tc4 For the purposes of a federally funded grant entitled, Basic Support Grant Section 110 `tc6 $5,642,199 `tc1 4110-3023 `tc4 For the purposes of a federally funded grant entitled, Independent Living Part A `tc6 $46,750 `tc1 4110-3024 `tc4 For the purposes of a federally funded grant entitled, Independent Living Part B `tc6 $291,375 `tc1 4110-3027 `tc4 For the purposes of a federally funded grant entitled, Rehabilitation Training Section 4 `tc6 $30,000 `tc1 4110-3028 `tc4 For the purposes of a federally funded grant entitled, Supported Employment `tc6 $129,852 `tc3 Massachusetts Rehabilitation Commission. `tc1 4120-0020 `tc4 For the purposes of a federally funded grant entitled, Vocational Rehabilitation `tc6 $31,000,000 `tc1 4120-0025 `tc4 For the purposes of a federally funded grant entitled, HUD Fair Housing Urban and Development Initiative `tc6 $186,287 `tc1 4120-0171 `tc4 For the purposes of a federally funded grant entitled, Teaching Grant and Traineeships in RSA Training `tc6 $120,000 `tc1 4120-0187 `tc4 For the purposes of a federally funded grant entitled, Supported Employment Program `tc6 $500,000 `tc1 4120-0511 `tc4 For the purposes of a federally funded grant entitled, Disability Determination Services `tc6 $32,000,000 `tc1 4120-0760 `tc4 For the purposes of a federally funded grant entitled, Independent Living `tc6 $900,000 `tc1 4120-0900 `tc4 For the purposes of a federally funded grant entitled, New England Regional Head Injured Center `tc6 $750,000 `tc3 Massachusetts Commission for the Deaf & Hard of Hearing. `tc1 4125-0103 `tc4 For the purposes of a federally funded grant entitled, Assistive Technology Partnership `tc6 $598,543 `tc3 Office for Children. `tc1 4130-2087 `tc4 For the purposes of a federally funded grant entitled, Dependent Care Planning and Development provided that, one hundred twenty-two thousand, nine hundred and ten dollars shall be expended for operating expenses of child care resource and referral programs that provide direct services to parents, and one hundred eighty-seven thousand, four hundred and sixty-eight dollars shall be expended to provide through contracts basic day care services for children with disabilities in school-age child care programs not eligible for child care as defined by Title IV-F of the Social Security Act `tc6 $310,378 `tc1 4130-2088 `tc4 For the purposes of a federally funded grant entitled, Child Development Assistance `tc6 $33,180 `tc1 4130-9002 `tc4 For the purposes of a federal grant for Child Abuse Prevention Activities `tc6 $40,660 `tc3 Veterans' Services. `tc1 4170-0014 `tc4 For the purposes of a federally funded grant entitled, Job Training Partnership Act `tc6 $160,000 `tc2 Department of Public Welfare. `tc1 4402-1734 `tc4 For the purposes of a federally funded grant entitled, Improving Access to Care for Pregnant Substance Abusers `tc6 $300,000 `tc1 4407-9002 `tc4 For the purposes of a federally funded grant entitled, MassJOBS `tc6 $18,000,000 `tc1 4407-9055 `tc4 For the purposes of a federally funded grant entitled, Emergency Shelter Grant `tc6 $1,000,000 `tc1 4407-9057 `tc4 For the purposes of a federally funded grant entitled, Transitional Housing `tc6 $2,500,000 `tc1 4407-9070 `tc4 For the purposes of a federally funded grant entitled, At Risk Day Care; provided, that the department shall enter into an interagency agreement with the department of social services for the purposes of this program; provided further, that such interagency agreement shall require the department to make child care provided herein available to those persons at risk of becoming eligible for the aid to families with dependent children program; provided further, that five million, eight hundred thousand dollars received pursuant to this grant shall be expended for income eligible child care contracts only; and provided further, that four hundred thousand dollars shall be expended for the management of the income eligible voucher system funded by a designated amount in item 4000-0702 of section two A of this act, and by a designated amount in item 4800-0060 of section two of this act `tc6 $6,200,000 `tc1 4407-9072 `tc4 For the purposes of a federally funded grant entitled, Parents Fair Share `tc6 $900,000 `tc1 4407-9078 `tc4 For the purposes of a federally funded grant entitled, SAFAH Grant `tc6 $330,000 `tc1 4407-9080 `tc4 For the purposes of a federally funded grant entitled, Shelter Plus Care `tc6 $200,000 `tc2 Department of Public Health. `tc1 4500-1000 `tc4 For the purposes of a federally funded grant entitled, Preventive Health Services Block Grant provided that not less than four hundred and fifty thousand dollars shall be obligated to the emergency medical services regions; and provided further, that not less than one hundred sixty-five thousand dollars be obligated for rape prevention and victim services `tc6 $3,500,000 `tc1 4500-2000 `tc4 For the purposes of a federally funded grant entitled, Maternal and Child Health Services Block Grant; provided, that the department shall review and assess the process by which it allocates resources under this appropriation; provided further, that this process will involve the use of a needs assessment that clearly considers the magnitude, severity, and degree of risk for identified health problems within individual communities; and provided further, that a specific focus will be taken to support programs serving communities/neighborhoods with high rates of poverty `tc6 $12,567,000 `tc1 4502-1012 `tc4 For the purposes of a federally funded grant entitled, Cooperative Health Statistics System `tc6 $305,000 `tc1 4510-0109 `tc4 For the purposes of a federally funded grant entitled, State Loan Repayment Project `tc6 $148,216 `tc1 4510-0400 `tc4 For the purposes of a federally funded grant entitled, Medicare State Certification and Medicaid NH Survey Certification `tc6 $3,483,522 `tc1 4510-9019 `tc4 For the purposes of a federally funded grant entitled, Environmental Monitoring Program `tc6 $75,000 `tc1 4510-9040 `tc4 For the purposes of a federally funded grant entitled, Diabetes Control Program `tc6 $132,260 `tc1 4510-9043 `tc4 For the purposes of a federally funded grant entitled, Demonstration Program to Conduct Toxic Waste Site Impact Health Assessments `tc6 $197,934 `tc1 4510-9048 `tc4 For the purposes of a federally funded grant entitled, Indoor Radon Development Program `tc6 $210,000 `tc1 4512-0102 `tc4 For the purposes of a federally funded grant entitled, Application of the Principles of the Control of Syphilis `tc6 $922,921 `tc1 4512-0179 `tc4 For the purposes of a federally funded grant entitled, Vaccination Assistance Project `tc6 $2,124,287 `tc1 4512-9409 `tc4 For the purposes of a federally funded grant entitled, Community Youth Activity Block Grant `tc6 $45,288 `tc1 4512-9411 `tc4 For the purposes of a federally funded grant entitled, Urban Neighborhood Intervention Teams for Youth `tc6 $329,690 `tc1 4512-9415 `tc4 For the purposes of a federally funded grant entitled, Boston Drug Treatment Improvement Project `tc6 $6,722,483 `tc1 4512-9416 `tc4 For the purposes of a federally funded grant entitled, Treatment Program for Critical Populations `tc6 $109,808 `tc1 4512-9418 `tc4 For the purposes of a federally funded grant entitled, Non-Incarcerated Offenders `tc6 $476,252 `tc1 4513-9007 `tc4 For the purposes of a federally funded grant entitled, Nutritional Status of Women, Infants and Children (WIC); provided, that the department shall report quarterly to the secretary of administration and finance and the joint committee on federal financial assistance on all expenditures from this item and the state nutrition program for women, infants, and children, including the numbers of participants in each program `tc6 $46,196,409 `tc1 4513-9011 `tc4 For the purposes of a federally funded grant entitled, AIDS Experimental Drug Program `tc6 $504,847 `tc1 4513-9018 `tc4 For the purposes of a federally funded grant entitled, Augmentation and Evaluation of Established Health Education/Risk Reduction Program `tc6 $6,100,616 `tc1 4513-9021 `tc4 For the purposes of a federally funded grant entitled, Program for Infants and Toddlers with Handicaps `tc6 $3,950,650 `tc1 4513-9022 `tc4 For the purposes of a federally funded grant entitled, Prevention Disability State Based Project `tc6 $485,533 `tc1 4513-9026 `tc4 For the purposes of a federally funded grant entitled, Families C.A.N. Care & Nurturance for At-Risk Families `tc6 $439,000 `tc1 4513-9027 `tc4 For the purposes of a federally funded grant entitled, Mass. Care: Community AIDS Resource Enhancement `tc6 $281,763 `tc1 4513-9030 `tc4 For the purposes of a federally funded grant entitled, Primary Care Systems `tc6 $20,000 `tc1 4513-9033 `tc4 For the purposes of a federally funded grant entitled, AIDS Death Index `tc6 $51,000 `tc1 4513-9035 `tc4 For the purposes of a federally funded grant entitled, AIDS Surveillance `tc6 $1,161,616 `tc1 4513-9037 `tc4 For the purposes of a federally funded grant entitled, AIDS Care `tc6 $1,793,707 `tc1 4515-0113 `tc4 For the purposes of a federally funded grant entitled, Health Program for Refugees `tc6 $212,900 `tc1 4515-0115 `tc4 For the purposes of a federally funded grant entitled, Tuberculosis Control Project (317) `tc6 $661,730 `tc1 4516-1015 `tc4 For the purposes of a federally funded grant entitled, Lab Training Network `tc6 $10,000 `tc1 4518-1000 `tc4 For the purposes of a federally funded grant entitled, Procurement of Information for the National Death Index (NDI) `tc6 $35,000 `tc1 4518-1002 `tc4 For the purposes of a federally funded grant entitled, Social Security Administration Massachusetts Death File `tc6 $17,760 `tc1 4518-1003 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Birth Records for Social Security Administration `tc6 $81,205 `tc1 4518-9022 `tc4 For the purposes of a federally funded grant entitled, Sentinel Event Notification System for Occupational Risks `tc6 $175,000 `tc1 4518-9023 `tc4 For the purposes of a federally funded grant entitled, Census of Fatal Occupational Injuries `tc6 $23,000 `tc1 4540-8200 `tc4 For the purposes of a federally funded grant entitled, Transitional Housing/Shattuck Shelter `tc6 $145,355 `tc2 Department of Social Services. `tc1 4800-0005 `tc4 For the purposes of a federally funded grant entitled, Children's Justice Act `tc6 $234,812 `tc1 4800-0007 `tc4 For the purposes of a federally funded grant entitled, Family Violence Prevention and Support Services `tc6 $154,614 `tc1 4800-0009 `tc4 For the purposes of a federally funded grant entitled, Title IV-E Independent Living Program `tc6 $545,016 `tc1 4800-0011 `tc4 For the purposes of a federally funded grant entitled, Child Abuse and Neglect Emergency Prevention Services `tc6 $399,854 `tc1 4800-0012 `tc4 For the purposes of a federally funded grant entitled, Parenting Partner Program for HIV Involved Families `tc6 $175,602 `tc1 4899-0001 `tc4 For the purposes of a federally funded grant entitled, Title IV-B Child Welfare Services `tc6 $4,474,633 `tc1 4899-0022 `tc4 For the purposes of a federally funded grant entitled, Child Abuse and Neglect Prevention and Treatment Basic Grant `tc6 $328,733 `tc1 4899-0024 `tc4 For the purposes of a federally funded grant entitled, Child Abuse and Neglect Prevention and Treatment Medical Grant `tc6 $59,450 `tc3 Department of Mental Health. `tc1 5012-9108 `tc4 For the purposes of a federally funded grant entitled, State Human Resource Development Program `tc6 $22,000 `tc1 5012-9115 `tc4 For the purposes of a federally funded grant entitled, Plan to Implement Uniform Integrated Data Collection Systems `tc6 $43,000 `tc1 5012-9117 `tc4 For the purposes of a federally funded grant entitled, Investigating Two Vocational Rehabilitation Models `tc6 $415,939 `tc1 5012-9119 `tc4 For the purposes of a federally funded grant entitled, Crisis Counseling `tc6 $350,000 `tc1 5012-9121 `tc4 For the purposes of a federally funded grant entitled, Project for Assistance in Transition from Homelessness `tc6 $1,164,176 `tc1 5021-9102 `tc4 For the purposes of a federally funded grant entitled, Massachusetts CSP State Service Improvement `tc6 $50,000 `tc1 5021-9104 `tc4 For the purposes of a federally funded grant entitled, Consumer Support and Minority Family Outreach `tc6 $150,000 `tc1 5021-9116 `tc4 For the purposes of a federally funded grant entitled, Children Services (P.L. 89-313, Title I) `tc6 $163,700 `tc1 5047-9102 `tc4 For the purposes of a federally funded grant entitled, Child and Adolescent Service System `tc6 $48,000 `tc3 Department of Mental Retardation. `tc1 5947-0002 `tc4 For the purposes of a federally funded grant entitled, Temporary Respite Care for Cambodian Families `tc6 $20,000 `tc5 PROGRAMS FUNDED: `tc5 Program 2 - Community Services `tc1 5947-0003 `tc4 For the purposes of a federally funded grant entitled, Respite Care and Family Support `tc6 $150,000 `tc5 PROGRAMS FUNDED: `tc5 Program 2 - Community Services `tc3 Executive Office of Transportation and Construction. `tc2 Office of the Secretary of Transportation and Construction. `tc1 6000-0018 `tc4 For the purposes of a federally funded grant entitled, Statewide Assistance Rural Public Transportation `tc6 $975,113 `tc1 6000-0023 `tc4 For the purposes of a federally funded grant entitled, UMTA Technical Studies `tc6 $1,326,605 `tc1 6000-0024 `tc4 For the purposes of a federally funded grant entitled, Disparity Study `tc6 $500,000 `tc1 6000-0025 `tc4 For the purposes of a federally funded grant entitled, Section 6 Grant `tc6 $250,000 `tc1 6000-0049 `tc4 For the purposes of a federally funded grant entitled, Elderly and Handicapped Transportation `tc6 $862,382 `tc1 6000-0054 `tc4 For the purposes of a federally funded grant entitled, Local Rail Service Assistance Planning `tc6 $29,124 `tc1 6000-0180 `tc4 For the purposes of a federally funded grant entitled, Statewide Assistance Rural Public Transportation `tc6 $200,000 `tc1 6000-9949 `tc4 For the purposes of a federally funded grant entitled, Elderly and Handicapped Transportation `tc6 $85,000 `tc1 6000-9953 `tc4 For the purposes of a federally funded grant entitled, Berkshire County Line Project `tc6 $277,059 `tc2 Massachusetts Aeronautics Commission. `tc1 6006-0042 `tc4 For the purposes of a federally funded grant entitled, Airport System Planning `tc6 $1,563,962 `tc3 Board of Library Commissioners. `tc1 7000-9703 `tc4 For the purposes of a federally funded grant entitled, Title III LSCA Interlibrary Cooperation `tc6 $448,324 `tc1 7000-9705 `tc4 For the purposes of a federally funded grant entitled, LSCA Program Title I `tc6 $2,500,000 `tc1 7000-9707 `tc4 For the purposes of a federally funded grant entitled, Emergency Federal Jobs Bill LSCA Title II `tc6 $363,850 `tc1 7000-9999 `tc4 For the purposes of a federally funded grant entitled, Library Services Construction Act, Title VI `tc6 $35,000 `tc3 Executive Office of Educational Affairs. `tc2 Department of Education. `tc1 7010-0013 `tc4 For the purposes of a federally funded grant entitled, Racial Imbalance Programs `tc6 $550,000 `tc1 7010-9091 `tc4 For the purposes of a federally funded grant entitled, Explorations in Mathematics, an In-Service Program for Urban Teachers `tc6 $250,000 `tc1 7010-9093 `tc4 For the purpose of a federally funded grant entitled, Partnerships Advancing Learning of Mathematics and Science (PALMS) `tc6 $2,000,000 `tc1 7010-9706 `tc4 For the purposes of a federally funded grant entitled, Common Core Data Project `tc6 $13,000 `tc1 7010-9732 `tc4 For the purposes of a federally funded grant entitled, Chapter 2 Education Consolidation and Improvement Act Administration `tc6 $1,760,000 `tc1 7027-9116 `tc4 For the purposes of a federally funded grant entitled, Occupational Education Distribution `tc6 $18,000,000 `tc1 7027-9121 `tc4 For the purpose of a federally funded grant entitled, Vocational Education Community Based Organizations `tc6 $200,000 `tc1 7027-9122 `tc4 For the purpose of a federally funded grant entitled Vocational Education Consumer and Homemaking `tc6 $700,000 `tc1 7027-9123 `tc4 For the purpose of a federally funded grant entitled, Vocational Education Tech Prep. `tc6 $1,200,000 `tc1 7027-9126 `tc4 For the purposes of a federally funded grant entitled, Occupational Education Administration `tc6 $2,400,000 `tc1 7028-0601 `tc4 For the purposes of a federally funded grant entitled, Education of the Handicapped Administration `tc6 $2,800,000 `tc1 7028-0816 `tc4 For the purposes of a federally funded grant entitled, Handicapped in Institutions Distribution `tc6 $12,500,000 `tc1 7028-0891 `tc4 For the purposes of a federally funded grant entitled, Into the Mainstream `tc6 $180,000 `tc1 7030-0191 `tc4 For the purposes of a federally funded grant entitled, Coordination of Technical Assistance for Bilingual Education Programs by S.E.A.S. `tc6 $95,000 `tc1 7030-9736 `tc4 For the purposes of a federally funded grant entitled, Chapter II, Education Consolidation and Improvement Act Distribution `tc6 $7,000,000 `tc1 7030-9780 `tc4 For the purposes of a federally funded grant entitled, D.D. Eisenhower Math and Science Education Program Administration `tc6 $350,000 `tc1 7030-9790 `tc4 For the purposes of a federally funded grant entitled, D.D. Eisenhower Math and Science Education Program Distribution `tc6 $3,000,000 `tc1 7032-0207 `tc4 For the purposes of a federally funded grant entitled, Robert C. Byrd Honors Scholarship Program Administration `tc6 $19,000 `tc1 7032-0217 `tc4 For the purposes of a federally funded grant entitled, Robert C. Byrd Honors Scholarship Program Distribution `tc6 $170,000 `tc1 7032-0227 `tc4 For the purposes of a federally funded grant entitled, Drug Free Schools Administration `tc6 $800,000 `tc1 7032-0228 `tc4 For the purposes of a federally funded grant entitled, Massachusetts AIDS Education Program `tc6 $350,000 `tc1 7032-0230 `tc4 For the purposes of a federal grant entitled, Drug Free Schools Distribution `tc6 $7,200,000 `tc1 7032-0402 `tc4 For the purposes of a federally funded grant entitled, Chapter 1 Administration `tc6 $1,400,000 `tc1 7035-0013 `tc4 For the purposes of a federally funded grant entitled, Education of the Handicapped Discretionary `tc6 $3,500,000 `tc1 7035-0116 `tc4 For the purposes of a federally funded grant entitled, Chapter I, Education Consolidation and Improvement Act Distribution `tc6 $132,000,000 `tc1 7035-0126 `tc4 For the purposes of a federally funded grant entitled, Neglected and Delinquent Children `tc6 $500,000 `tc1 7035-0136 `tc4 For the purposes of a federally funded grant entitled, Children in State Adult Correctional Institutions `tc6 $136,991 `tc1 7035-0146 `tc4 For the purposes of a federally funded grant entitled, Migrant Education `tc6 $4,400,000 `tc1 7035-0156 `tc4 For the purposes of a federal grant entitled, Chapter 1 Capital Expenses for Private Schools `tc6 $1,400,000 `tc1 7035-0157 `tc4 For the purposes of a federal grant entitled, Chapter 1 Program Improvement `tc6 $350,000 `tc1 7035-0158 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Educational Program for Homeless Children `tc6 $150,000 `tc1 7035-0316 `tc4 For the purposes of a federally funded grant entitled, Education of the Handicapped Distribution `tc6 $50,000,000 `tc1 7035-0713 `tc4 For the purposes of a federally funded grant entitled, Early Childhood Incentive Administration `tc6 $400,000 `tc1 7035-0716 `tc4 For the purposes of a federally funded grant entitled, Preschool Incentive Distribution `tc6 $6,000,000 `tc1 7035-0718 `tc4 For the purposes of a federally funded grant entitled, Preschool Incentive Discretionary `tc6 $1,600,000 `tc1 7038-0002 `tc4 For the purposes of a federally funded grant entitled, Adult Basic Education Administration `tc6 $250,000 `tc1 7038-0106 `tc4 For the purposes of a federally funded grant entitled, Adult Basic Education Distribution `tc6 $4,500,000 `tc1 7038-0109 `tc4 For the purposes of a federally funded grant entitled, Adult Education for the Homeless `tc6 $450,000 `tc1 7038-0110 `tc4 For the purpose of a federally funded grant entitled, Adult Education for the Homeless Distribution `tc6 $500,000 `tc1 7038-0119 `tc4 For the purposes of a federally funded grant entitled, Workplace Literacy Partnership Administration `tc6 $400,000 `tc1 7038-0121 `tc4 For the purpose of a federally funded grant entitled, Workplace Literacy Partnerships Distribution `tc6 $400,000 `tc1 7038-0492 `tc4 For the purposes of a federally funded grant entitled, Commercial Driver's License Work Place Initiative `tc6 $126,000 `tc1 7038-0493 `tc4 For the purposes of a federally funded grant entitled, Commercial Driver's License Work Place Initiative Distribution `tc6 $303,000 `tc1 7038-9003 `tc4 For the purpose of a federally funded grant entitled, Massachusetts Plan for Community Service Administration `tc6 $285,000 `tc1 7038-9004 `tc4 For the purpose of a federally funded grant entitled, Massachusetts Plan for Community Service Distribution `tc6 $8,100,000 `tc1 7038-9724 `tc4 For the purposes of a federally funded grant entitled, Emergency Immigrant Education Assistance Administration `tc6 $7,000 `tc1 7038-9746 `tc4 For the purposes of a federally funded grant entitled, Emergency Immigrant Education Assistance Distribution `tc6 $700,000 `tc1 7053-2101 `tc4 For the purpose of a federally funded grant entitled, School Lunch Distribution and Salvage Fund Payments `tc6 $1,800,000 `tc1 7053-2105 `tc4 For the purposes of a federally funded grant entitled, Special Food Distribution Cash `tc6 $700,000 `tc1 7053-2111 `tc4 For the purposes of a federally funded grant entitled, Special Milk Program `tc6 $700,000 `tc1 7053-2112 `tc4 For the purposes of a federally funded grant entitled, School Lunch, Section 11 Special Assistance `tc6 $40,000,000 `tc1 7053-2113 `tc4 For the purposes of a federally funded grant entitled, Community School Lunch Program `tc6 $15,000,000 `tc1 7053-2114 `tc4 For the purposes of a federally funded grant entitled, School Breakfast Program `tc6 $13,000,000 `tc1 7053-2117 `tc4 For the purposes of a federally funded grant entitled, Child Care Food Program `tc6 $38,000,000 `tc1 7053-2118 `tc4 For the purposes of a federally funded grant entitled, School Food Service Management and Related Activities `tc6 $300,000 `tc1 7053-2126 `tc4 For the purposes of a federally funded grant entitled, Temporary Emergency Food Assistance `tc6 $1,550,000 `tc1 7053-2202 `tc4 For the purposes of a federally funded grant entitled, Special Summer Food Service Program for Children `tc6 $3,300,000 `tc1 7062-0008 `tc4 For the purposes of a federally funded grant entitled, Nutrition Program Administration `tc6 $2,100,000 `tc3 Higher Education System. `tc1 7066-1966 `tc4 For the purposes of a federally funded grant entitled, Connectivity to NSFNET - Mass Public Higher Education `tc6 $70,000 `tc1 7066-6007 `tc4 For the purposes of a federally funded grant entitled, The Dwight D. Eisenhower Mathematics and Science Education Act `tc6 $290,000 `tc1 7110-9741 `tc4 For the purposes of a federally funded grant entitled, Literacy Corps `tc6 $16,000 `tc1 7410-3000 `tc4 For the purposes of a federally funded grant entitled, Polymer Building Construction `tc6 $11,418,092 `tc1 7518-9748 `tc4 For the purposes of a federally funded grant entitled, Student Support Services `tc6 $38,091 `tc3 Executive Office of Public Safety. Department of Public Safety. `tc1 8314-9707 `tc4 For the purposes of a federally funded grant entitled, Underground Storage Tank Registry Program `tc6 $162,500 `tc2 Committee on Criminal Justice. `tc1 8600-0002 `tc4 For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act Planning `tc6 $70,181 `tc1 8600-0003 `tc4 For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act `tc6 $1,577,042 `tc1 8600-0008 `tc4 For the purposes of a federally funded grant entitled, Drug Free Schools and Communities Act of 1986 `tc6 $1,950,000 `tc1 8600-0009 `tc4 For the purposes of a federally funded grant entitled, Edward Byrne State and Local Federal Assistance Grant Program `tc6 $9,749,000 `tc1 8600-0010 `tc4 For the purpose of a federally funded grant entitled, Statistical Analysis Center `tc6 $105,000 `tc2 Emergency Management Agency. `tc1 8800-0003 `tc4 For the purposes of a federally funded grant entitled, Emergency Management Assistance Personal and Administrative Expenses `tc6 $670,704 `tc1 8800-0004 `tc4 For the purposes of a federally funded grant entitled, Emergency Management Assistance Distribution to Cities and Towns `tc6 $907,939 `tc1 8800-0005 `tc4 For the purposes of a federally funded grant entitled, Disaster Preparedness Assistance `tc6 $50,000 `tc1 8800-0006 `tc4 For the purposes of a federally funded grant entitled, Radiological Systems Maintenance `tc6 $158,595 `tc1 8800-0007 `tc4 For the purposes of a federally funded grant entitled, Radiological Defense Officer `tc6 $77,095 `tc1 8800-0008 `tc4 For the purposes of a federally funded grant entitled, Population Protection Planning Program `tc6 $252,226 `tc1 8800-0009 `tc4 For the purposes of a federally funded grant entitled, Emergency Management Training State/Local Personnel `tc6 $76,000 `tc1 8800-0010 `tc4 For the purposes of a federally funded grant entitled, Earthquake Loss Study `tc6 $36,100 `tc1 8800-0019 `tc4 For the purposes of a federally funded grant entitled, Superfund Amendment and Reauthorization Acts of 1986 `tc6 $98,850 `tc1 8800-0020 `tc4 For the purposes of a federally funded grant entitled, Communication Warning Systems `tc6 $4,900 `tc1 8800-0021 `tc4 For the purposes of a federally funded grant entitled, Direction, Control, and Warning Communication System Maintenance and Service `tc6 $6,424 `tc2 Governor's Highway Safety Bureau. `tc1 8850-0004 `tc4 For the purposes of a federally funded grant entitled, State Agency Programs `tc6 $2,900,000 `tc1 8850-0008 `tc4 For the purposes of a federally funded grant entitled, Evaluation of Massachusetts Saving Lives `tc6 $50,000 `tc3 Parole Board. `tc1 8950-2001 `tc4 For the purposes of a federally funded grant entitled, Substance Abuse Treatment Initiative `tc6 $100,000 `tc1 8950-9856 `tc4 For the purposes of a federally funded grant entitled, Substance Abuse Counseling Program `tc6 $150,000 `tc1 8950-9860 `tc4 For the purposes of a federally funded grant entitled, Intensive Parole for Substance Abusers `tc6 $323,876 `tc3 Executive Office of Economic Affairs. `tc1 9000-1621 `tc4 For the purposes of a federally funded grant entitled, Job Training Partnership Act `tc6 $54,000,000 `tc1 9081-0100 `tc4 For the purposes of a federally funded grant entitled, Department of Employment and Training, Administration `tc6 $103,270,000 `tc1 9089-1000 `tc4 For the purposes of a federally funded grant entitled, Trade Expansion Act Program `tc6 $2,400,000 `tc2 Division of Energy Resources. `tc1 9200-9642 `tc4 For the purposes of a federally funded grant entitled, Institutional Conservation Program `tc6 $50,518 `tc1 9200-9720 `tc4 For the purposes of a federally funded grant entitled, State Heating Oil and Propane Program `tc6 $20,000 `tc1 9200-9741 `tc4 For the purposes of a federally funded grant entitled, Energy Extension Service `tc6 $104,200 `tc1 9200-9742 `tc4 For the purposes of a federally funded grant entitled, State Energy Conservation Plan `tc6 $239,100 `tc1 9200-9757 `tc4 For the purposes of a federally funded grant entitled, Northeast Regional Biomass Program `tc6 $30,000 `tc3 Executive Office of Elder Affairs. `tc2 Office of the Secretary of Elder Affairs. `tc1 9110-1074 `tc4 For the purposes of a federally funded grant entitled, Older Americans Act, Title III-B, III-D, III-G; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies `tc6 $8,787,000 `tc1 9110-1173 `tc4 For the purposes of a federally funded grant entitled, Older Americans Act Title III-C Nutrition Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies `tc6 $11,243,665 `tc1 9110-1178 `tc4 For the purposes of a federally funded grant entitled, Community Service Employment Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies `tc6 $1,760,352 `tc1 9110-1181 `tc4 For the purposes of a federally funded grant entitled, Cash in Lieu of Commodities Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies `tc6 $3,227,280 `tc1 9110-1191 `tc4 For the purposes of a federally funded grant entitled, Elder Care Coalition Demonstration Program `tc6 $105,000 `tc1 9110-1193 `tc4 For the purposes of a federally funded grant entitled, Elder Care Volunteer Corp. `tc6 $30,000 `tc3 EXECUTIVE OFFICE OF LABOR. `tc2 Department of Labor and Industries. `tc1 9411-2013 `tc4 For the purposes of a federally funded grant entitled, Mine Safety and Health Training `tc6 $61,000 `tc5 PROGRAMS FUNDED: Program 2 - Industrial Safety `tc1 9411-4203 `tc4 For the purposes of a federally funded grant entitled, Occupational Safety and Health Administration Statistical Survey `tc6 $148,000 `tc5 PROGRAMS FUNDED: Program 2 - Industrial Safety `tc1 9411-4207 `tc4 For the purposes of a federally funded grant entitled, Asbestos Compliance Monitoring Grant `tc6 $75,000 `tc5 PROGRAMS FUNDED: Program 3 - Occupational Hygiene `tc1 9411-9701 `tc4 For the purposes of a federally funded grant entitled, Occupational Safety and Health Administration Onsite Consultation Program `tc6 $733,153 `tc5 PROGRAMS FUNDED: Program 2 - Industrial Safety `tcol;end

SECTION 2B. INTRAGOVERNMENTAL CHARGEBACKS.

Notwithstanding the provisions of any general or special law to the contrary, the following agencies are hereby authorized to expend such amounts as are listed in this section for the provision of services to agencies listed in sections two or two A of this act; provided, however, that all expenditures made pursuant to this section shall be accompanied by a corresponding transfer of funds from an account listed in sections two or two A of this act to the Intragovernmental Service Fund, established pursuant to section two Q of chapter twenty-nine of the General Laws; provided further, that no expenditures shall be made from this fund which shall cause the Intragovernmental Service Fund to be in deficit at the close of fiscal year nineteen hundred and ninety-three; provided further, that unless otherwise specified, all appropriations in this section shall be charged to the Intragovernmental Service Fund; and that, any balance remaining at the close of the fiscal year nineteen hundred and ninety-three shall be transferred to the General Fund; provided further, that the secretary for administration and finance shall charge other items of appropriation for the cost of the services provided as specified herein; provided further, that each agency shall modify spending from each of its appropriation accounts to ensure that sufficient funds are available to pay for the costs of this section; provided further, that said secretary shall develop and implement a payment system and regulations for interdepartmental service agreements and interdepartmental chargebacks; provided further, that the chargeback system and said regulations shall require state agencies that purchase legislatively authorized goods or services from approved chargeback departments authorized herein to remit any resulting fiscal obligations within thirty days of receipt of notice of said obligation; provided further, that said secretary shall submit quarterly reports to the house and senate committees on ways and means listing those agencies which do not meet the thirty day payment schedule; provided further, that said reports shall also include, but not be limited to, the identification of the agency receiving said goods or services and the identification of the agency providing said goods or services; provided further, that such reports shall include the name and line-item number of the agency providing and the agency receiving the goods or services, a list of the goods or services provided, and the amounts of any obligations still outstanding; and provided further, that said secretary is authorized to take such action as he may deem necessary to ensure compliance with the payment of obligations under this section. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 Secretary of State. `tc1 0511-0003 `tc4 For the costs of providing electronic and other publications purchased from the state bookstore and for the commission and notary fees and for direct access to the secretary's computer library pursuant to a schedule of fees established by the secretary of state `tc6 $24,960 `tc3 Office of the Comptroller. `tc1 1000-0003 `tc4 For the cost of compliance with the mandate of the federal law and office of management and budget regulations for a comprehensive statewide single audit of state operations; provided, that the state comptroller shall charge other items of appropriation for the cost of said audit from allocated federal funds transferred from federal reimbursement and grant receipts `tc6 $525,000 `tc3 Executive office for Administration and Finance. `tc2 Office of Dispute Resolution. `tc1 1100-1104 `tc4 For the costs of mediation services; provided, that all funds received shall be remitted to the General Fund. `tc2 Executive Office. `tc1 1100-1111 `tc4 For the purpose of providing a workers' compensation litigation unit to provide litigation assistance previously provided by the attorney general's office, including not more than ten positions `tc6 $320,300 `tc2 Office of Management Information Systems. `tc1 1101-2310 `tc4 For the cost of computer resources and services provided by the bureau of computer services, in accordance with the policies, procedures and rates approved by the secretary for administration and finance, including the purchase, lease or rental of telecommunications lines, services and equipment, that are centrally billed to the commonwealth; provided, that the said secretary shall charge other items of appropriation for the cost of said resources and services; provided further, that the bureau shall submit quarterly reports to the house and senate committees on ways and means summarizing each agency's charges and payments for the preceding quarter for this item; and provided further, that the secretary for administration and finance is authorized to establish regulations, procedures and a schedule of fees to further implement this section including, but not limited to, the development and distribution of forms and instructions `tc6 $16,200,000 `tc2 Bureau of State Office Buildings. `tc1 1102-3301 `tc4 For the operation and maintenance of state buildings, including reimbursement for overtime expenses, materials and contract services purchased in performing renovations and related services for agencies occupying state buildings or for services rendered to approved entities utilizing state facilities `tc6 $160,000 `tc2 Department of Procurement and General Services. `tc1 1104-4028 `tc4 For the costs of micrographic production services, including not more than eight positions `tc6 $370,000 `tc1 1104-5211 `tc4 For the purchase, operation and repair of certain vehicles and for the cost of the operation and maintenance of all vehicles that are leased by other agencies, including not more than four positions `tc6 $1,680,000 `tc1 1104-6600 `tc4 For the purchase, delivery, and handling of, and contracting for, supplies, postage, and related equipment and other incidental expenses as provided pursuant to the provisions of section fifty-one of chapter thirty of the General Laws, including not more than four positions `tc6 $1,040,000 `tc1 1104-6603 `tc4 For the provision of printing, photocopying, and related graphic art or design work, including all necessary incidental expenses and liabilities; provided, that the commissioner of administration shall charge to other items of appropriation within the agencies of the executive branch for costs incurred for such services, including not more than eleven positions `tc6 $1,155,000 `tc2 Department of Personnel Administration. `tc1 1108-1213 `tc4 For the costs of goods and services rendered in administering training programs, including the cost of training unit staff; provided, that the department of personnel administration is authorized to collect a seventy-five dollar administrative fee from vendors who submit proposals in response to requests for proposals for the commonwealth of Massachusetts master service agreement for specialized training and consultation services at the time of proposal submission; provided further, that any vendor who fails to deliver the appropriate administrative fee with its submission shall be deemed non-responsive and its proposal shall not be considered for contract award; provided further, that the department shall charge other items of appropriation for the cost of participants enrolled in programs sponsored by the department, or state agencies employing said participants; and provided further, that the department is authorized to collect from participating state agencies a fee sufficient to cover administrative costs of the commonwealth's pride in performance program and to expend such fees for goods and services rendered in the administration of the program `tc6 $1,000,000 `tc2 Public Employee Retirement Administration. `tc1 1108-6201 `tc4 For the cost of workers' compensation paid to public employees; provided, that the secretary for administration and finance shall charge, pursuant to section fifteen of this act, other items of appropriation or state agencies for the cost incurred on behalf of said agencies; provided further, that said secretary may transfer workers' compensation-related fringe benefit assessments from federal grants and trust accounts to this item; provided further, that said secretary shall identify charges by said items of appropriation; provided further, that said secretary shall file quarterly reports with the house and senate committees on ways and means detailing said items, including federal grants and trust accounts, that have not yet paid their charges, and the reasons why, within three weeks of the close of each quarter; and provided further, that no funds shall be expended from this item that would cause said item to be deficient `tc6 $70,230,000 `tc2 Reserves. `tc1 1599-3100 `tc4 For the cost of the commonwealth's employer contributions to the unemployment compensation fund and the medical security trust fund; provided, that the secretary of administration and finance shall authorize the collection, accounting and payment of said contributions; provided further, that in executing these responsibilities the state comptroller is authorized to charge in addition to individual appropriation accounts certain non-appropriated funds amounts that are computed on the same basis as the commonwealth's contributions are determined, including expenses, interest expense, or related charges `tc6 $19,944,000 `tc3 Executive Office of Environmental Affairs. `tc2 Executive Office. `tc1 2001-1002 `tc4 For the costs of data processing and related computer and mapping services, the distribution of digital cartographic and other data, the review of environmental notification forms pursuant to the Massachusetts Environmental Policy Act, and for the staff and printing of the MEPA Monitor `tc6 $350,000 `tc2 Division of Environmental Law Enforcement. `tc1 2350-0102 `tc4 For the costs of overtime and special details provided by the department of fisheries, wildlife, and environmental law enforcement's division of environmental law enforcement; provided that revenues collected under this account shall not revert to the General Fund but shall be retained for the purposes of item 2350-0100 of section two of this act `tc6 $70,000 `tc2 Metropolitan District Commission. `tc1 2410-1002 `tc4 For the costs of operating the commission's telecommunications system; provided, that nothing in this section shall diminish or impair the rights of all current users of the system pursuant to agreements which have been entered into with the commission `tc6 $100,000 `tc3 Executive Office of Health and Human Services. `tc2 Massachusetts Commission for the Blind. `tc1 4110-4036 `tc4 For the Ferguson Industries for the Blind, including the costs of products; provided, that all funds received shall be remitted to the General Fund. `tc2 Massachusetts Commission for the Deaf and Hard of Hearing. `tc1 4125-0102 `tc4 For the cost of interpreter services provided by staff of the commission, provided that any receipts in excess of the amount of this item shall be retained in a revolving fund in accordance with the provisions of section one hundred and ninety-six of chapter six of the General Laws `tc6 $50,000 `tc2 Department of Public Health. `tc1 4590-0901 `tc4 For costs of medical services provided at public health hospitals pursuant to a schedule of services and fees approved by the commissioner of public health, which may be expended for the purposes of hospital related costs, including capital expenditures and motor vehicle replacement `tc6 $100,000 `tc2 Department of Mental Retardation. `tc1 5948-0012 `tc4 For residential services pilot program, for the costs of residential services provided for the purposes of 7061-0012, in section two of this act `tc6 $1,250,000 `tc1 5982-1001 `tc4 For the costs of products produced by the department's farm program including the sale of mild and livestock; provided, that revenues collected may also be expended for the support of respective programs including costs of materials, supplies, equipment and maintenance of the facility `tc6 $23,100 `tc3 Executive Office of Transportation and Construction. `tc2 Department of Highways. `tc1 6030-7501 `tc4 For the costs of the purchase of bulk fuel for certain vehicles under the authority of the department of procurement and general services, and the costs of purchased fuel for other agencies and for certain administrative expenses related to purchasing and distributing the fuel `tc6 $1,600,000 `tc2 Massachusetts Aeronautics Commission. `tc1 6006-0010 `tc4 For the costs of air transportation services provided to state officials, including the costs of personnel, pursuant to a schedule of fees for services `tc6 $47,500 `tc3 Executive Office of Education. `tc2 Department of Education. `tc1 7053-2101 `tc4 For the costs of USDA commodity foods pursuant to federal law requirements; provided, that all funds received shall be remitted to the General Fund. `tc2 Higher Education Computer Network. `tc1 7066-0003 `tc4 For the costs of data processing services provided by the higher education computer network pursuant to a schedule of fees for services `tc6 $50,000 `tc3 Executive Office of Public Safety. `tc1 8100-0002 `tc4 For the costs of overtime associated with requested police detail; provided that revenues collected under this account shall not revert to the General Fund but shall be retained without further appropriation for the purposes of item 8100-0000 of section two of this act `tc6 $557,000 `tc2 Merit Rating Board. `tc1 8400-0200 `tc4 For the costs associated with the preparation, data entry, process of hearing notices, production of all reports, and the implementation and operation of any other service associated with civil motor vehicle infractions based upon a pre-approved schedule of fees, and provided further that revenues collected herein may also be expended for the costs of the safe driver insurance plan program `tc6 $4,350,000 `tc1 8700-1140 `tc4 For the costs of utilities and maintenance and for the implementation of energy conservation measures with regard to state armories `tc6 $75,000 `tc2 Department of Corrections. `tc1 8900-0011 `tc4 For the costs of products produced by the prison industries and farm program and for the costs of services provided by inmates, including moving, auto repair, culinary, and renovation and construction services, provided that the cost for such renovation and construction services shall not exceed the amount established by the department of procurement and general services; provided further, that such revenues may also be expended for materials, supplies, equipment, maintenance of facilities and compensation of employees and for the inmate employment and training program `tc6 $11,000,000 `tcol;end

SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, for the fiscal year ending June thirtieth, nineteen hundred and ninety-three, the lottery distribution to cities and towns of the balance of the State Lottery Fund, as paid by treasurer from the Local Aid Fund in accordance with the provisions of clause (c) of section thirty-five of chapter ten of the General Laws, shall be three hundred and twenty-nine million dollars and shall be apportioned to the cities and towns in accordance with this section; provided, that the amount of any balance in the State Lottery Fund at the end of the fiscal year shall be transferred to the Local Aid Fund.

Notwithstanding the provisions of any general or special law to the contrary, the total amounts to be distributed and paid to each city, town, regional school district and county maintaining an agricultural school from items 0611-5500, 7061-0003 and 7061-0008 of section two of this act shall be set forth in the following list; provided, that the specified amounts to be distributed from item 7061-0008 of said section two are hereby deemed to be in full satisfaction of the amounts due under the provisions of sections three, six, and seven of chapter seventy of the General Laws; provided further, that the amounts to be distributed from item 0611-5500 of said section two are hereby deemed to be in full satisfaction of the amounts due under section thirty-seven of chapter twenty-one of the General Laws. No payments to cities and towns pursuant to this section shall be paid after November thirtieth of the fiscal year by the state treasurer until he receives certification from the commissioner of revenue of said commissioner's acceptance of the prior fiscal year's annual financial reports submitted pursuant to the provisions of section forty-three of chapter forty-four of the General Laws. In the case of regional school districts, distributions pursuant to this section shall not be paid by the state treasurer after November thirtieth of the fiscal year until he receives certification from said commissioner of the acceptance of the prior year's annual financial reports as prescribed by the director of accounts. The unencumbered amount in the excess and deficiency fund established pursuant to section sixteen B and one-half of chapter seventy-one of the General Laws shall constitute the amount certified to the regional school committee and the commissioner by the director of accounts as available on July first of the current fiscal year. Said director shall promulgate and from time to time revise rules and regulations for determining the available funds of a regional school district. No payments to cities, towns or regional school districts pursuant to items 7061-0003 and 7061-0008 of section two shall be paid after November thirtieth of the fiscal year by the state treasurer until he receives certification from the commissioner of education of said commissioner's acceptance of the end of year pupil and financial report submitted pursuant to the provisions of section three of chapter seventy-two of the General Laws.

`t+1 `tm;keep=yes

`tcol(*)=4;c1=1,35,tu;c2=39,10,tur;c3=52,12,tur;c4=68,11,tur `tch *0611-5500** `tc1 *Additional*7061-0008*Lottery `tc1 *Assistance*Chapter 70*Distribution `tc1=1,79,tur;temp `t+1 `tch;end `tc1 ABINGTON*0*3,251,792*933,624 ACTON*37,368*481,047*604,239 ACUSHNET*30,043*1,491,330*725,930 ADAMS*44,096*221,323*1,027,029 AGAWAM*0*4,283,470*1,697,549 ALFORD*0*0*8,038 AMESBURY*0*3,727,870*934,509 AMHERST*280,503*2,183,026*3,453,217 ANDOVER*0*1,184,598*695,537 ARLINGTON*5,652,310*2,317,868*2,066,731 ASHBURNHAM*0*0*243,314 ASHBY*0*0*159,768 ASHFIELD*0*0*67,485 ASHLAND*366,937*457,349*360,290 ATHOL*5,507*964,030*852,782 ATTLEBORO*0*7,818,902*2,343,622 AUBURN*0*2,198,222*733,416 AVON*504,148*152,415*209,043 AYER*55,642*2,635,951*401,191 BARNSTABLE*0*19,250*670,573 BARRE*0*0*326,531 BECKET*10,797*0*35,440 BEDFORD*609,391*490,485*317,167 BELCHERTOWN*0*1,492,620*643,038 BELLINGHAM*0*3,484,144*967,037 BELMONT*1,041,278*657,059*838,039 BERKLEY*0*588,982*201,238 BERLIN*0*211,348*111,770 BERNARDSTON*0*109,592*108,968 BEVERLY*3,086,077*2,749,315*1,762,752 BILLERICA*2,956,313*4,327,062*1,730,437 BLACKSTONE*0*0*560,201 BLANDFORD*0*0*53,242 BOLTON*0*0*72,919 BOSTON*206,638,214*44,963,846*27,232,545 BOURNE*443,645*697,469*454,076 BOXBOROUGH*0*31,465*94,128 BOXFORD*45,818*66,760*166,417 BOYLSTON*0*123,201*158,680 BRAINTREE*4,250,822*1,219,876*1,501,952 BREWSTER*0*0*112,688 BRIDGEWATER*0*2,880,831*1,233,762 BRIMFIELD*0*203,702*145,273 BROCKTON*5,424,063*29,237,295*7,596,742 BROOKFIELD*0*458,859*201,908 BROOKLINE*4,401,448*910,428*1,818,725 BUCKLAND*0*60,077*118,534 BURLINGTON*1,744,603*1,149,103*620,663 CAMBRIDGE*22,595,349*1,473,559*3,756,704 CANTON*1,104,851*627,229*602,533 CARLISLE*18,534*105,601*78,845 CARVER*0*973,828*496,322 CHARLEMONT*0*54,847*64,715 CHARLTON*0*52,898*470,791 CHATHAM*0*0*71,455 CHELMSFORD*3,190,395*1,661,488*1,290,155 CHELSEA*4,274,507*9,036,966*2,311,923 CHESHIRE*0*49,957*233,160 CHESTER*0*57,706*68,608 CHESTERFIELD*0*0*53,043 CHICOPEE*1,504,526*12,908,998*4,333,839 CHILMARK*0*0*1,398 CLARKSBURG*16,502*463,231*176,529 CLINTON*220,865*3,209,829*967,530 COHASSET*209,013*361,084*199,483 COLRAIN*0*41,234*88,511 CONCORD*483,163*314,058*419,285 CONWAY*0*90,282*70,135 CUMMINGTON*0*179*30,551 DALTON*0*273,727*422,333 DANVERS*1,408,080*732,167*908,100 DARTMOUTH*0*2,560,980*1,117,033 DEDHAM*1,950,847*1,039,401*1,023,635 DEERFIELD*0*260,495*201,469 DENNIS*0*0*202,603 DIGHTON*0*0*309,770 DOUGLAS*0*569,309*231,791 DOVER*0*0*90,366 DRACUT*0*4,023,516*1,324,116 DUDLEY*0*143,821*639,807 DUNSTABLE*37,846*0*69,190 DUXBURY*0*678,361*374,890 EAST BRIDGEWATER*0*2,347,876*625,928 EAST BROOKFIELD*0*0*136,756 EAST LONGMEADOW*0*1,248,213*596,239 EASTHAM*0*0*50,111 EASTHAMPTON*137,004*3,706,629*1,260,162 EASTON*0*2,705,681*865,313 EDGARTOWN*35,873*24,658*14,520 EGREMONT*0*0*33,339 ERVING*16,548*88,888*20,744 ESSEX*42,569*119,013*100,329 EVERETT*5,139,628*1,200,671*1,395,370 FAIRHAVEN*492,569*2,611,111*942,856 FALL RIVER*2,882,862*35,476,423*11,396,681 FALMOUTH*0*563,415*518,991 FITCHBURG*270,312*11,188,559*3,604,785 FLORIDA*0*13,356*15,765 FOXBOROUGH*0*2,128,675*730,425 FRAMINGHAM*5,911,189*1,966,487*2,523,084 FRANKLIN*0*3,426,933*1,050,220 FREETOWN*0*407,093*394,376 GARDNER*151,944*4,600,615*1,601,618 GAY HEAD*0*0*1,219 GEORGETOWN*66,691*1,039,916*293,993 GILL*0*0*81,767 GLOUCESTER*2,419,911*1,046,988*1,132,176 GOSHEN*0*0*27,182 GOSNOLD*2,469*0*167 GRAFTON*0*1,656,475*629,153 GRANBY*0*1,129,475*389,440 GRANVILLE*0*74,678*54,133 GREAT BARRINGTON*0*428,467*375,084 GREENFIELD*0*4,764,816*1,421,799 GROTON*0*144,992*277,779 GROVELAND*0*526,902*307,693 HADLEY*174,084*124,967*136,031 HALIFAX*0*802,693*394,222 HAMILTON*53,967*30,021*278,476 HAMPDEN*0*507,944*289,703 HANCOCK*22,195*17,690*22,134 HANOVER*1,669,092*898,915*482,846 HANSON*0*1,639,292*591,758 HARDWICK*4,062*714*190,760 HARVARD*69,324*470,438*923,750 HARWICH*0*110,484*157,933 HATFIELD*0*160,004*154,126 HAVERHILL*3,149,881*9,636,205*3,159,061 HAWLEY*16,264*7,556*11,661 HEATH*0*0*17,216 HINGHAM*420,485*969,285*660,086 HINSDALE*0*32,636*82,716 HOLBROOK*5,987*2,651,849*706,575 HOLDEN*0*1,090,713*694,425 HOLLAND*0*56,295*65,270 HOLLISTON*518,826*1,726,786*547,573 HOLYOKE*763,384*17,006,708*4,402,011 HOPEDALE*0*609,758*217,621 HOPKINTON*151,365*437,641*244,057 HUBBARDSTON*0*0*94,401 HUDSON*0*3,381,625*953,031 HULL*1,747,307*1,267,196*469,472 HUNTINGTON*0*42,115*127,399 IPSWICH*975,780*503,164*467,093 KINGSTON*0*465,596*364,692 LAKEVILLE*0*434,728*322,638 LANCASTER*0*1,023,899*402,564 LANESBOROUGH*0*290,228*210,341 LAWRENCE*239,970*25,113,557*6,275,273 LEE*0*924,360*362,298 LEICESTER*0*2,537,143*786,050 LENOX*90,787*680,332*346,987 LEOMINSTER*14,714*7,184,711*2,221,232 LEVERETT*0*5,430*68,159 LEXINGTON*0*1,304,196*724,197 LEYDEN*0*0*23,249 LINCOLN*367,459*0*208,631 LITTLETON*207,535*305,234*242,172 LONGMEADOW*0*1,464,183*647,080 LOWELL*7,978,998*24,064,451*7,189,330 LUDLOW*0*3,032,767*1,307,554 LUNENBURG*0*1,421,859*469,263 LYNN*11,926,220*18,904,918*5,597,804 LYNNFIELD*455,892*493,143*336,948 MALDEN*7,030,168*10,474,021*3,737,694 MANCHESTER*0*167,341*121,218 MANSFIELD*912,368*1,010,515*533,141 MARBLEHEAD*49,583*544,056*490,931 MARION*0*0*86,020 MARLBOROUGH*3,433,241*1,063,702*1,421,943 MARSHFIELD*255,142*2,844,629*949,218 MASHPEE*0*0*49,317 MATTAPOISETT*0*70,193*203,982 MAYNARD*738,519*954,884*482,266 MEDFIELD*937,000*453,552*397,730 MEDFORD*8,094,393*7,057,568*3,446,751 MEDWAY*235,317*1,341,573*396,270 MELROSE*3,402,865*2,950,378*1,510,515 MENDON*0*0*139,418 MERRIMAC*0*739,700*321,055 METHUEN*205,147*6,017,870*2,133,842 MIDDLEBOROUGH*0*4,294,480*1,062,108 MIDDLEFIELD*0*16,956*20,118 MIDDLETON*159,272*30,159*151,923 MILFORD*0*5,058,249*1,436,859 MILLBURY*0*2,588,802*808,218 MILLIS*403,862*713,755*324,292 MILLVILLE*0*0*143,702 MILTON*1,566,851*592,215*1,063,296 MONROE*17,526*3,785*4,768 MONSON*0*1,601,633*602,396 MONTAGUE*0*230,936*554,082 MONTEREY*15,777*0*21,623 MONTGOMERY*0*0*36,113 MOUNT WASHINGTON*41,886*1,787*1,029 NAHANT*157,791*79,419*138,362 NANTUCKET*0*0*29,350 NATICK*2,444,348*1,187,919*1,054,820 NEEDHAM*259,216*886,773*727,552 NEW ASHFORD*9,203*5,045*2,693 NEW BEDFORD*901,313*37,718,158*11,304,439 NEW BRAINTREE*0*0*40,978 NEW MARLBOROUGH*0*0*26,263 NEW SALEM*0*0*45,190 NEWBURY*0*235,160*179,058 NEWBURYPORT*1,736,621*1,174,988*737,331 NEWTON*1,732,789*2,150,086*2,371,645 NORFOLK*0*498,606*325,518 NORTH ADAMS*233,872*5,462,033*2,177,540 NORTH ANDOVER*151,695*961,447*729,919 NORTH ATTLEBOROUGH*0*4,051,189*1,228,072 NORTH BROOKFIELD*0*1,114,200*354,730 NORTH READING*1,189,787*564,127*481,121 NORTHAMPTON*727,239*5,375,379*1,949,265 NORTHBOROUGH*76,900*858,566*439,543 NORTHBRIDGE*3,865*3,042,656*1,039,924 NORTHFIELD*0*68,830*101,285 NORTON*0*2,908,315*931,185 NORWELL*680,878*604,164*316,660 NORWOOD*3,354,660*989,287*1,191,109 OAK BLUFFS*0*0*25,003 OAKHAM*0*0*55,875 ORANGE*2,661*1,410,553*742,661 ORLEANS*0*0*74,084 OTIS*0*23,238*12,655 OXFORD*0*3,130,887*957,406 PALMER*0*2,151,169*876,260 PAXTON*0*259,017*189,272 PEABODY*3,951,625*4,908,932*2,238,929 PELHAM*0*0*59,315 PEMBROKE*0*1,372,712*729,962 PEPPERELL*0*0*495,045 PERU*0*36,735*41,797 PETERSHAM*0*4,969*44,760 PHILLIPSTON*5,519*0*44,364 PITTSFIELD*1,107,722*12,848,751*3,765,842 PLAINFIELD*0*0*15,847 PLAINVILLE*0*506,847*295,602 PLYMOUTH*0*558,683*1,195,631 PLYMPTON*0*67,793*92,569 PRINCETON*0*164,419*120,687 PROVINCETOWN*27,912*59,405*66,417 QUINCY*14,555,556*6,872,356*4,570,533 RANDOLPH*2,297,597*4,019,549*1,507,589 RAYNHAM*0*1,075,932*537,312 READING*1,931,472*1,110,155*943,649 REHOBOTH*0*0*406,259 REVERE*6,712,698*6,324,106*2,476,178 RICHMOND*0*45,714*54,533 ROCHESTER*0*254,522*179,343 ROCKLAND*496,221*4,418,526*1,122,815 ROCKPORT*0*184,757*167,283 ROWE*0*0*960 ROWLEY*143,746*194,989*173,084 ROYALSTON*0*377*55,922 RUSSELL*0*0*90,160 RUTLAND*0*805,380*348,941 SALEM*4,151,021*2,923,955*1,635,310 SALISBURY*0*458,768*278,537 SANDISFIELD*0*3,256*15,126 SANDWICH*111,247*338,256*183,844 SAUGUS*2,245,040*1,263,134*946,943 SAVOY*17,367*146,448*47,344 SCITUATE*1,101,119*966,852*695,739 SEEKONK*0*1,546,617*580,475 SHARON*78,642*1,705,991*581,683 SHEFFIELD*15,023*0*98,729 SHELBURNE*0*120,952*130,057 SHERBORN*26,364*39,248*101,080 SHIRLEY*233,500*1,208,494*395,123 SHREWSBURY*376,077*2,112,272*1,024,322 SHUTESBURY*0*0*48,203 SOMERSET*0*429,869*594,944 SOMERVILLE*20,410,649*10,261,323*5,718,638 SOUTH HADLEY*25,437*2,877,893*1,139,762 SOUTHAMPTON*0*421,974*253,115 SOUTHBOROUGH*0*180,777*187,413 SOUTHBRIDGE*0*4,902,784*1,500,986 SOUTHWICK*0*0*523,634 SPENCER*0*0*940,801 SPRINGFIELD*2,302,181*61,004,244*13,482,159 STERLING*0*322,777*277,482 STOCKBRIDGE*0*0*52,537 STONEHAM*2,553,177*645,079*933,153 STOUGHTON*129,781*4,740,372*1,494,962 STOW*8,776*198,946*168,354 STURBRIDGE*0*310,024*264,277 SUDBURY*807,321*369,870*418,367 SUNDERLAND*0*255,067*192,803 SUTTON*0*846,000*336,754 SWAMPSCOTT*443,359*470,679*425,605 SWANSEA*0*2,747,828*945,344 TAUNTON*0*13,175,415*4,298,774 TEMPLETON*0*447,489*539,250 TEWKSBURY*0*4,489,070*1,278,271 TISBURY*0*0*46,469 TOLLAND*12,413*0*2,218 TOPSFIELD*318,725*39,107*181,570 TOWNSEND*0*0*442,814 TRURO*0*0*13,112 TYNGSBOROUGH*0*890,973*291,568 TYRINGHAM*0*0*6,914 UPTON*0*0*233,094 UXBRIDGE*0*1,447,840*589,764 WAKEFIELD*1,809,635*1,739,408*1,072,165 WALES*0*159,188*93,706 WALPOLE*1,112,115*1,367,651*818,861 WALTHAM*6,869,270*2,430,681*2,485,099 WARE*19,199*2,253,952*743,067 WAREHAM*0*2,809,923*969,617 WARREN*0*0*305,218 WARWICK*36,354*51,342*29,976 WASHINGTON*29,889*35,107*30,735 WATERTOWN*5,571,114*607,792*1,378,103 WAYLAND*352,813*577,404*327,396 WEBSTER*78,026*3,480,560*1,003,299 WELLESLEY*121,858*640,569*642,823 WELLFLEET*0*0*25,975 WENDELL*32,131*28,355*47,628 WENHAM*175,913*0*125,360 WEST BOYLSTON*85,259*585,583*297,479 WEST BRIDGEWATER*59,411*1,045,577*323,069 WEST BROOKFIELD*0*0*188,861 WEST NEWBURY*0*99,042*122,884 WEST SPRINGFIELD*0*3,757,642*1,473,874 WEST STOCKBRIDGE*0*0*51,476 WEST TISBURY*229,569*19,768*9,010 WESTBOROUGH*182,536*613,672*436,754 WESTFIELD*0*7,512,679*2,655,987 WESTFORD*1,126,887*946,117*550,929 WESTHAMPTON*0*18,050*54,809 WESTMINSTER*0*0*227,867 WESTON*0*104,153*199,773 WESTPORT*0*1,667,977*667,687 WESTWOOD*45,632*529,947*327,259 WEYMOUTH*3,050,391*9,516,774*3,393,288 WHATELY*0*9,753*59,547 WHITMAN*0*2,591,736*988,918 WILBRAHAM*0*825,429*559,956 WILLIAMSBURG*0*198,190*142,815 WILLIAMSTOWN*0*563,670*490,308 WILMINGTON*1,578,564*945,504*578,543 WINCHENDON*31,919*2,480,889*638,906 WINCHESTER*433,387*944,830*607,257 WINDSOR*35,260*0*22,160 WINTHROP*2,878,558*2,309,266*1,211,633 WOBURN*4,513,710*1,206,069*1,431,980 WORCESTER*14,860,192*46,287,515*12,815,550 WORTHINGTON*0*0*43,738 WRENTHAM*0*721,013*420,760 YARMOUTH*0*0*430,102 `tcol;end `t+1 `tm;keep=yes

`tcol(*)=4;c1=1,35,tu;c2=39,10,tur;c3=52,12,tur;c4=68,11,tur `tch *7061-0003** `tc1 *Regional*7061-0008* `tc1 *School Aid* Chapter 70 `tc1=1,63,tur;temp `t+1 `tch;end `tc1 ACTON-BOXBOROUGH*814,347*732,675 ADAMS-CHESHIRE*2,429,365*2,116,460 AMHERST-PELHAM*1,690,473*2,231,489 ASHBURNHAM-WESTMINSTER*2,125,565*1,263,128 ASHFIELD-PLAINFIELD*169,331*112,399 ATHOL-ROYLSTON*2,154,830*2,699,934 BERKSHIRE HILLS*735,940*712,346 BERLIN-BOYLSTON*301,200*264,226 BLACKSTONE-MILLVILLE*2,662,399*2,016,274 BRIDGEWATER-RAYNHAM*1,517,499*1,225,161 BUCKLAND-SHELBURNE*328,689*372,540 CENTRAL BERKSHIRE*2,599,093*1,080,089 CHESTERFIELD-GOSHEN*122,770*89,913 CONCORD-CARLISLE*430,636*466,567 DENNIS-YARMOUTH*1,246,176*1,472,442 DIGHTON-REHOBOTH*3,474,687*2,769,983 DOVER-SHERBORN*304,322*305,097 DUDLEY-CHARLTON*3,366,264*2,704,708 NAUSET*348,218*561,110 FREETOWN-LAKEVILLE*1,525,120*977,723 FRONTIER*343,642*222,207 GATEWAY*2,069,192*989,403 GROTON-DUNSTABLE*1,343,844*648,854 GILL-MONTAGUE*1,804,477*1,286,657 HAMILTON-WENHAM*749,971*662,299 HAMPDEN-WILBRAHAM*1,085,122*726,746 HAMPSHIRE*672,707*478,676 HAWLEMONT*103,736*41,413 KING PHILIP*1,366,327*1,263,665 LINCOLN-SUDBURY*467,399*679,463 MARTHA'S VINEYARD*179,612*191,229 MASCONOMET*664,923*700,749 MENDON-UPTON*1,372,010*740,604 MOUNT GREYLOCK*746,680*683,007 MOHAWK TRAIL*639,911*390,076 NARRAGANSETT*1,895,795*1,521,388 NASHOBA*492,988*290,254 NEW SALEM-WENDELL*129,665*108,847 NORTHBORO-SOUTHBORO*594,952*324,727 NORTH MIDDLESEX*4,878,873*3,086,205 OTIS-SANDISFIELD*35,865*0 OLD ROCHESTER*458,997*340,813 PENTUCKET*1,123,596*830,357 PIONEER*1,154,200*116,704 PLYMOUTH-CARVER*1,955,568*1,290,288 QUABBIN*2,455,952*2,253,795 RALPH C. MAHAR*1,016,971*955,555 SILVER LAKE*2,263,814*2,346,712 SOUTHERN BERKSHIRE*338,367*386,494 SOUTHWICK TOLLAND*1,867,805*2,110,905 SPENCER-EAST BROOKFIELD*3,116,407*4,190,501 TANTASQUA*1,242,098*868,222 TRITON*687,131*455,698 WACHUSETT*1,653,989*1,021,065 QUABOAG*1,722,082*1,780,471 WHITMAN-HANSON*2,691,152*1,534,015 ASSABET VALLEY*842,945*1,522,952 BLACKSTONE VALLEY*839,958*1,681,238 BLUE HILLS*581,660*2,141,702 BRISTOL-PLYMOUTH*1,229,150*1,703,890 CAPE COD*300,169*1,171,782 FRANKLIN COUNTY*812,700*646,979 GREATER FALL RIVER*1,028,799*2,389,829 GREATER LAWRENCE*1,785,663*3,743,277 GREATER NEW BEDFORD*2,258,454*4,563,011 GREATER LOWELL*3,065,328*4,865,706 SOUTH MIDDLESEX*546,938*1,456,672 MINUTEMAN*414,535*1,573,199 MONTACHUSETT*1,289,084*2,415,307 NORTHERN BERKSHIRE*658,018*1,035,636 NASHOBA VALLEY*673,441*944,391 NORTHEAST METROPOLITAN*898,298*1,927,573 NORTH SHORE*202,303*737,870 OLD COLONY*682,312*912,340 PATHFINDER*554,696*598,396 SHAWSHEEN VALLEY*966,861*1,667,186 SOUTHEASTERN*1,353,571*2,964,341 SOUTH SHORE*633,804*736,834 SOUTHERN WORCESTER*1,203,612*1,752,122 TRI COUNTY*803,291*1,052,884 UPPER CAPE COD*148,037*488,304 WHITTIER*1,440,552*2,555,459 BRISTOL COUNTY*650,069*498,916 ESSEX COUNTY*644,027*1,026,536 NORFOLK COUNTY*183,786*366,001 `tcol;end

SECTION 4. Notwithstanding the provisions of clause forty-first of section seven of chapter four of the General Laws, or any other general or special law to the contrary, the commissioner of revenue or any other official responsible for a local reimbursement or assistance program reported by said commissioner pursuant to section twenty-five A of chapter fifty-eight of the General Laws shall use the nineteen hundred and ninety city and town population estimates of the United States Bureau of the Census in calculating distributions or assessments under said local reimbursement or assistance programs. Such distribution programs shall include, but not be limited to, the chapter seventy school aid program and regional public libraries. Such assessments shall include but not be limited to air pollution control districts; the metropolitan area planning council; the old colony planning council; and the Massachusetts Bay Transportation Authority, and any other for which said commissioner is required to give notice pursuant to said section twenty-five A.

SECTION 5. The state treasurer shall make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, or regional school district that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by said secretary.

SECTION 6. Each public school district which admits children under the provisions of section twelve B of chapter seventy-six of the General Laws, as amended by section twenty-three of chapter six of the acts of nineteen hundred and ninety-one, shall certify to the state treasurer the number of such children attending its public schools, the city or town of residence of each such child, the annual amount of tuition for each such child and the total tuition owed to the district based on full or partial attendance, itemized by the amount attributable to each city or town of residence; provided, however, that notwithstanding the provisions of said section twelve B of said chapter seventy-six for the fiscal year nineteen hundred and ninety-three the amount of tuition payable for an individual student shall be limited to seventy-five percent of the amount otherwise payable under the provisions of said section twelve B of said chapter seventy-six, but in no event shall said amount exceed five thousand dollars; except for special education students whose tuition shall remain that which is payable under the provisions of said section twelve B of said chapter seventy-six; and provided further, that such certification shall be made on October first, nineteen hundred and ninety-two and April first, nineteen hundred and ninety-three; and provided further, that, notwithstanding the provisions of section three of this act to the contrary, including its notwithstanding clause, or section sixteen of this act, the state treasurer shall deduct said itemized amounts from the distributions to be made to each city or town from item 7061-0008 of section two of this act prior to said distribution; and provided further, that the amounts so deducted shall be credited to item 0610-1500 of section two of this act. Each school district submitting a certification to the state treasurer shall also submit a copy of said certification to the department of education. Said department may review said certification to determine that the amount of the individual tuition charged for each child is in accordance with the provisions of said section twelve B of said chapter seventy-six and this section and shall inform the state treasurer of any errors. The department may also, on a post-audit basis, verify the admission and attendance of the number of children certified by each school district.

Notwithstanding the provisions of this section or any general or special law to the contrary, any school district which admitted children on a private tuition basis prior to June thirtieth, nineteen hundred and ninety-one may continue, on that basis, to admit any child who attended its school system prior to that date, as well as any sibling or step-sibling of such child and any foster child residing in the home of such child; provided, that any school system which admits children under the terms of this provision may also choose, or not choose, to admit children for whom the commonwealth pays the tuition required by section twelve B of chapter seventy-six of the General Laws. This paragraph shall not preclude any school system from admitting children, including those described above, under the provisions of said section twelve B of said chapter seventy-six of the General Laws.

Notwithstanding the provisions of said section twelve B of said chapter seventy-six, or any other general or special law to the contrary, any child accepted to attend a public school in a community other than the one in which he resides may remain in that school system until the point of high school graduation regardless of any changes that may occur in the decision of the municipality to participate in this program, except a change which is based upon a lack of funding of the program as authorized by this section.

There shall be a parent information system established, maintained and developed by the secretary of education to disseminate to parents detailed and comparable information about each school system participating in the school choice program, so called, which shall include, but not be limited to, information on special programs offered by the school, philosophy of the school, number of spaces available, transportation plans, class sizes, teacher/student ratios, and data and information on school performance that indicate its quality. The secretary of education, when disseminating this information shall encourage the parent and the student to make at least one on-site visit to the school of choice as part of the application procedure.

SECTION 7. Notwithstanding the provisions of any general or special law to the contrary, monies received by the commonwealth from rentals, commission fees, and parking fees and from any and all other sources pertaining to the operation of the state transportation building shall be credited to a fund on the books of the commonwealth to be known as the State Transportation Building Management Fund. Said fund shall be used for the maintenance and operation of said building.

The division of capital planning and operations shall enter into a contract for the provision of building management services for the operation and maintenance of the state transportation building with one of the public agency tenants of said building; said agency shall have experience in operating building facilities.

The building manager shall collect all monies payable to the commonwealth relating to the operation of the state transportation building and deposit the same in the State Transportation Building Management Fund to be expended as provided in item 1102-3214 of section two of this act.

The division of capital planning and operations shall file, on a quarterly basis, an itemization of all such expenditures paid from said fund with the secretary of administration and finance and the house and senate committees on ways and means.

SECTION 8. Notwithstanding the provisions of any general or special law to the contrary, monies received by the commonwealth from rents charged to agencies occupying the Springfield state office building pursuant to agreements entered into between the division of capital planning and operations and such agencies shall be credited to a fund on the books of the commonwealth to be known as the Springfield State Office Building Management Fund.

Said fund shall be used solely for the maintenance and operation of said building. The division of capital planning and operations, with the approval of the secretary of administration and finance, shall collect all monies relating to the operation of said building and deposit the same in the Springfield state office building management fund, to be expended as provided in item 1102-5231 of section two of this act.

The commissioner of said division shall file with the secretary of administration and finance and the house and senate committees on ways and means, no later than September first of each year, an annual report of the fund's income, expenditures, and balances, based upon the status of the fund on June thirtieth of the preceding fiscal year.

SECTION 9. Notwithstanding any general or special law to the contrary, the department of public welfare is hereby authorized and directed to establish a pilot program to reduce homelessness among families in Barnstable County, subject to appropriation. In order to qualify for participation in said pilot program, a family must either be living in temporary shelter, paid for through the department's emergency assistance program, for no less than thirty days, during which period the family has been unable, despite reasonable efforts as required by the regulations of the department, to obtain suitable, permanent, affordable housing, or be eligible to participate in the department's emergency assistance program. Said pilot program shall be subject to federal reimbursement requirements under Title IV-A of the Social Security Act of 1935. Subject to appropriation, the department shall pay rental assistance, for units provided to participants in said pilot program, of no greater than five hundred dollars per month for two-bedroom units, and no greater than six hundred dollars per month for three-bedroom units.

The department shall contract for regional administration of said pilot program to reduce homelessness with one or more local housing authorities or nonprofit organizations based in Barnstable County. The responsibilities of the regional administrator shall be detailed in a written contract and shall include the following services to be provided to program participants: housing search; lease negotiations; performance of lease obligations and case management. Said regional administrator shall also be responsible for raising a sum of money locally for the purposes of providing a homelessness prevention program for families in imminent risk of becoming homeless; provided, that for fiscal year nineteen hundred and ninety-three, said regional administrator shall raise for said program a sum of money no less than one hundred thousand dollars. The homelessness prevention program shall include a) rent or mortgage assistance when such assistance would prevent homelessness; b) payments of deposits and last month's rent; c) no greater than one hundred dollars per month for supplemental rental assistance when the rent contribution provided by the department pursuant to this section is insufficient, and d) rental assistance to reduce the rent contribution provided by the department pursuant to this section, subject to the availability of funds. The regional administrator shall be paid an administrative fee not to exceed fifty dollars per month per participating family; provided, that said administrative fee shall be collected by the regional administrator from program participants.

Nothing in this section shall be construed to create any right to participate in said pilot program, and no family which meets the eligibility requirements for said pilot program shall have any such right to participate; provided, that nothing in this section shall be construed to require a family which meets the eligibility criteria for said pilot program to participate therein; provided further, that a family which is otherwise eligible to receive benefits pursuant to the department's emergency assistance program shall not lose eligibility for such benefits solely as a result of its agreement to participate, or its participation in, said pilot program.

SECTION 10. Notwithstanding any general or special law to the contrary, if the commissioner of the department of social services determines in writing that funds made available pursuant to items 4800-0016, 4800-0017, 4800-0030, and 4800-0041 of section two of this act are insufficient to fund the services required for the fiscal year, said commissioner may, after submitting such determination and giving thirty days prior notice to the house and senate committees on ways and means and the secretary of health and human services, and with the approval of the family preservation oversight board established pursuant to this act, reallocate funds allocated to the department pursuant to this section. Upon the expiration of said thirty days, the commissioner may transfer funds among said items as deemed necessary in accordance with said notice.

SECTION 11. An independent family preservation oversight board shall be established to monitor family preservation services as delivered by the department of social services. The board shall examine such issues as quality of care, continuity of care, and accountability to the clients under the department's jurisdiction. The board shall report quarterly to the house and senate committees on ways and means, and the secretary of health and human services concerning said family preservation services and the department's related progress. Said reports shall include, but not be limited to, statistics relative to the number of clients entering into and leaving out-of-home placement situations, as well as the number of clients utilizing family preservation services by service type. The department of social services shall provide the board with any information requested. The oversight board shall consist of two members to be chosen by the governor, one of whom shall be from the academic community, who shall serve as chairman, and one of whom shall be from the general public with first-hand knowledge of the current foster care or group care systems; one representative from the department of social services to be chosen by the commissioner; one representative of the executive office of health and human services to be chosen by the secretary; one representative from family preservation service-type provider groups; and two members to be appointed by the president of the senate, and the speaker of the house of representatives, respectively.

SECTION 12. Chapter 15C of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after section 5B the following section:-

Section 5C. The authority is hereby authorized to develop and establish a comprehensive state-supported supplemental education loan program. Such program shall consist of medium and long-range fixed rate and variable rate loan programs, programs structured to operate as a line of credit, and other programs and options as the authority may determine to be useful and feasible. Such programs shall be at effective rates of interest and other terms, to the extent feasible and to the extent funds are appropriated by the commonwealth therefor, more attractive than prevailing rates and more attractive than other terms available from conventional supplemental education lenders.

The authority's program shall be developed and operated in conjunction with participating institutions of higher education and shall be designed to assist such institutions in attracting and retaining students. Such program shall be designed so as to maximize the amount of funds available for loans by leveraging amounts appropriated by the commonwealth with private sector financing and by operating in conjunction with such private activity tax-exempt bond cap as may be allocated by the commonwealth. Such program shall include, to the maximum extent feasible and subject to the appropriation of funds by the commonwealth, loans available on affordable terms to families or individuals who, because of a high debt-to-income ratio, may otherwise be ineligible for credit-based supplemental education loans.

The authority shall design such comprehensive program, and make the public aware of it, in such manner as to provide assistance to as many qualified students and to as many institutions of higher education as possible. Funds appropriated by the commonwealth to the authority for the purpose of this section shall be applied by the authority solely to the reasonable and necessary development costs of its programs and to the funding of reasonable and necessary reserves and other security arrangements for its programs, all, to the extent feasible, in such manner as to develop over time a self-replenishing permanent source of education loan funding.

SECTION 13. Electric companies in Massachusetts which own, in whole or in part, or purchase power from, nuclear power plants located outside the commonwealth whose nuclear power plant areas, as defined in section two B of chapter six hundred and thirty-nine of the acts of nineteen hundred and fifty, as added by section twenty-four of chapter seven hundred and ninety-six of the acts of nineteen hundred and seventy-nine, includes communities located within the commonwealth, shall be assessed three hundred and thirty-two thousand dollars plus estimated fringe benefits, as calculated by the secretary of administration and finance pursuant to section five D of chapter twenty-nine of the General Laws, for the evaluation, development, and implementation of radiological emergency response plans and the analysis of work plans concerning the preparedness of the commonwealth to respond to accidents at said plants and for environmental radiological monitoring at said plants. The department of public utilities shall develop an equitable method of apportioning said assessments among said companies. Said assessments shall be deposited into the General Fund. For the purposes of this section, electric companies shall mean all persons, firms, associations and private corporations which own or operate works or a distributing plant for the manufacture and sale or distribution and sale, of electricity within the commonwealth; provided that the term of electric company shall not include municipalities or municipal light plants.

SECTION 14. Notwithstanding the provisions of any general or special law to the contrary, the secretary for administration and finance is hereby authorized and directed to charge agencies as hereinafter provided for workers' compensation costs incurred on behalf of the employees of said agencies. The secretary of administration and finance shall notify agencies within ten days of the effective date of this act as to the change in calculation of workers' compensation chargebacks from fiscal year nineteen hundred and ninety-two to fiscal year nineteen hundred and ninety-three.

The secretary for administration and finance shall notify agencies not later than fourteen days after the effective date of this act as to the amount of their estimated workers' compensation costs for the fiscal year beginning July first, nineteen hundred and ninety-three, and shall require all agencies to encumber funds that are sufficient to meet the estimated annual charges. The estimated workers' compensation costs for each agency shall be not less than the amount of the actual workers' compensation costs incurred by said agency during the fiscal year ending June thirtieth, nineteen hundred and ninety-two and may include additional sums such as are deemed necessary by regulations promulgated according to this section. Said secretary shall revise the estimated workers' compensation costs for each agency on the first day of each quarter of the fiscal year commencing July first, nineteen hundred and ninety-three. Within thirty days after the effective date of this act, for any agency that fails to encumber funds that are sufficient to meet the annual estimated charges, the comptroller is hereby authorized and directed to encumber funds that are sufficient to meet the annual charges on behalf of such agency.

The comptroller shall charge each agency's workers' compensation costs to the agency's appropriation account and shall transfer said amount to line-item 1108-6201 for the purposes of workers' compensation paid to public employees for any costs incurred during the fiscal year. The public employee retirement administration may expend an amount so collected for all agencies under this section not to exceed seventy million two hundred thirty thousand dollars, to pay for hospital, physician, benefits, and other costs without further appropriation.

By no later than fourteen days after the effective date of this act, and on the first day of each succeeding quarter during the fiscal year, the public employee retirement administration shall bill agencies for twenty-five percent of said agency's annual estimated workers' compensation costs. Each agency shall be refunded or billed for any differences between the previous quarter's estimated costs and actual costs incurred by said agency.

The secretary for administration and finance is authorized to establish regulations and procedures to implement this section and is required to establish a plan to fund full cost budgeting for workers' compensation including a cash flow plan for the beginning of the fiscal year, if necessary; provided, however, that all regulations and procedures to further implement this section and amendments thereto shall be filed with the house and senate committees on ways and means prior to implementation. Said secretary shall file a quarterly report, which shall include the annual estimated charge, and the quarterly actual charge, and explanations for any unpaid charges with the house and senate committees on ways and means.

SECTION 15. Notwithstanding the provisions of section thirty-one of chapter eighty-one of the General Laws or any other general or special law to the contrary, the portion of the Highway Fund allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining and policing city or town streets or roads, as appropriated in item 6005-0017 of section two of this act, shall be distributed in fiscal year nineteen hundred and ninety-three proportionally to the fiscal year nineteen hundred and ninety-one distribution of said Highway Fund reimbursements.

SECTION 16. Notwithstanding the provisions of any general or special law to the contrary, except as provided for in section six amounts appropriated in line items 0611-5500, 7061-0003 and 7061-0008 in section two of this act shall be held in trust for the purposes of state aid to cities, towns and regional school districts, and shall not be reduced by any amount.

SECTION 17. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall not authorize payment of regular compensation, including paid leave, vacation, salary in lieu of vacations, payments in lieu of maintenance, holiday pay, overtime pay, and salary differentials for any positions beyond those positions provided for in section two of this act. Each state agency or office of the judiciary receiving an appropriation in said section two shall not fill a total number of positions which exceeds the number of positions as specifically provided for in each item in said section two. For the purposes of this section, a "position" shall mean a full-time equivalent office or position in which one or more persons are currently employed, but shall not include the positions of board members or commissioners who are not full-time state employees. "Position" shall mean an authorized position created by statute or under the civil service law whether the incumbent holding the position is on a permanent, provisional, or temporary appointment, excess quota positions and all authorized positions other than seasonal positions as defined in section one of chapter thirty-one of the General Laws and positions for a period of ninety days or less. It is hereby provided further that the comptroller shall not authorize payment of regular compensation, including paid leave, vacation, salary in lieu of vacations, payments in lieu of maintenance, holiday pay, overtime pay, and salary differentials for any position not on a personnel schedule on file with the house and senate committees on ways and means, said schedule having been approved by the house committee on ways and means.

SECTION 18. Notwithstanding the provisions of any general or special law to the contrary, no funds shall be expended for excess quota positions without prior approval of the house committee on ways and means.

SECTION 19. Notwithstanding any general or special law to the contrary, the personnel administrator shall place on file the office and position classification plan and the pay plan of the commonwealth with the house committee on ways and means. The office and position classification plan and the pay plan on file with said committee as of May first, nineteen hundred and ninety-two shall remain in full force and effect and there shall be no changes to said plans without the approval of the division of personnel administration and said committee.

SECTION 20. Notwithstanding the provisions of any general or special law to the contrary, no state departments shall enter into interdepartmental and interagency service agreements without explicit legislative authorization to enter into said agreements; provided, that state departments shall not enter into said agreements without prior approval of the house committee on ways and means; provided further, that sixty days before services under said agreements are scheduled to begin the buyer and seller departments shall submit such intended agreement to the house committee on ways and means for approval. If said committee does not respond to the submission of said intended agreement within thirty days of said submission then said intended agreement shall be deemed to be approved.

SECTION 21. Notwithstanding any general or special law to the contrary, no expenditure shall be made from any revenue retention account established in section two of this act until a personnel schedule, if applicable, and an expenditure subsidiary classification schedule have been established therefor, and received the prior approval by the house committee on ways and means.

SECTION 22. For the fiscal year beginning July first, nineteen hundred and ninety-two, the secretary for administration and finance shall submit to the house and senate committees on ways and means, no less than fifteen days after the end of each fiscal quarter, a report detailing by program objective and performance measures, the program performance in the prior quarter for the following agencies of the executive branch: medicaid; department of medical security; department of mental retardation; higher education coordinating council; and executive office of labor; provided, however, that the mission statements for said agencies are not to be construed as giving rise to enforceable legal rights in any party, but are to serve as internal management tools for gauging the achievement of objectives.

SECTION 23. The commonwealth quality improvement council shall establish a pilot program for incorporating the principles of total quality management into the operations of selected state agencies. Said council shall select at least three state agencies to participate in such pilot program. An analysis of the results of such pilot program shall be included in the annual report of the council to the general court.

SECTION 24. All sums appropriated under the provisions of this act shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women, and handicapped persons. All officials and employees of any agency, board, or division of the commonwealth receiving monies under section two of this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth. Each agency, board, or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in service or apprenticeship training programs, and all terms and conditions of employment. The secretary of administration and finance shall conduct an ongoing review of affirmative action steps taken by various agencies, boards, or divisions, to determine whether such agencies are complying with the intent of this section. Whenever such noncompliance is determined by the commissioner, he shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular agency, board or division, to the governor, and to the Massachusetts commission against discrimination.

SECTION 25. The commissioner of the division of capital planning and operations is hereby authorized and directed to develop a project accounting system for all pool accounts including, but not limited to, asbestos, handicapped access, demolition, fire protection improvement, environmental hazards, air pollution, energy, preventive maintenance, waste water treatment and toxic waste clean up. Said project accounting system shall be utilized to assess charges for all project related costs including, but not limited to, administrative overhead. The commissioner may, in accordance with schedules approved by the secretary of administration and finance, employ or reassign employees of the division to said project as may be required; provided, that the salaries and administrative expenses shall be charged to the accounts funding the project. Said charges shall not exceed seven percent of the following appropriation accounts: 1100-1561, 1102-7881, 1102-7882, 1102-7885, 1102-7886, 1102-7887, 1102-7890, 1102-7893, 1102-7894, 1102-7895, 1102-7896, 1102-7897, 1102-7898, 1102-8869, 1102-8880, 1102-8890, 1102-8891, 1102-8892, 1102-8893, 1102-8895 and 1102-8899.

SECTION 26. Notwithstanding the provisions of section twenty A of chapter fifty-nine of the General Laws or any other general or special law to the contrary, the state treasurer shall assess the members of any mosquito control district up to one hundred percent of the amount appropriated during fiscal year nineteen hundred and ninety-three for expenditures on behalf of said district and for the cost of the state reclamation board.

SECTION 27. The estimated cost of fringe benefits associated with the operation of training facilities and curriculum for fire fighting personnel of the Massachusetts Fire Fighting Academy shall be paid to the commonwealth by insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated within the commonwealth within thirty days after notice from the commissioner of public safety of such estimated expenses; provided, further, that said cost shall be apportioned according to the provisions set forth in section one hundred and ninety-five of chapter one hundred and seventy-five of the General Laws.

SECTION 28. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance shall report quarterly to the house and senate committees on ways and means any lease, tenancy-at-will or other rental agreement, or any extensions thereof, made pursuant to section forty G of chapter seven of the General Laws; provided, that said quarterly report shall include, by agency, the amount and location of such rental space, any new or additional space, the duration of the lease or agreement, the cost per square foot of such rental space, any increase or decrease in said cost, and the cost of the preceding lease or agreement.

SECTION 29. Notwithstanding any general or special law to the contrary, there shall be no interchange or transfer between any subsidiary accounts within the same appropriation account, except interchanges or transfers into the "DD" subsidiary account, so-called, or unless such proposed interchange or transfer has received the prior approval of the commissioner of administration and finance and the house committee on ways and means.

SECTION 30. The secretary of administration and finance shall annually on or before February first submit to the house and senate committees on ways and means the following information for each state authority as defined by section one of chapter twenty-nine of the General Laws and for each regional transit authority which has debt authorized but unissued, or currently outstanding, whether or not such state or regional transit authority receives a periodic appropriation from the commonwealth: (1) a statement of authorized but unissued, and currently outstanding bonds and notes of the authority as of the end of the preceding state fiscal year; (2) an estimate of the amounts of said bonds and notes to be authorized but unissued and currently outstanding at the end of the current state fiscal year; and (3) an estimate of the amount of said bonds and notes, including the amounts to be sold, retired, or refinanced, at the end of the subsequent state fiscal year; and (4) a summary, by sources, of revenues to finance said bonds and notes including any dedicated funding or any other financial assistance from the commonwealth, such as guarantees, contract assistance, or other such assistance.

Notwithstanding the provisions of any general or special law to the contrary, every chief executive officer of each such state or regional transit authority is hereby authorized and directed to provide the necessary information to the secretary of administration and finance to ensure his timely compliance with the provisions of this section.

To defray the costs to the commonwealth of complying with the provisions of this section, the secretary of administration and finance is hereby authorized to make an assessment against each state or regional transit authority subject to the reporting requirements of this section sufficient to produce an annual amount from all such authorities equal to two hundred thousand dollars. Said amount shall be assessed proportionally against each such state or regional transit authority, in the ratio of the reported amount of authorized but unissued, and currently outstanding bonds and notes of each such authority as of the end of the preceding fiscal year to the total reported amount of authorized but unissued, and currently outstanding bonds and notes of all such authorities as of the end of the preceding fiscal year.

The secretary shall annually bill each such state or regional transit authority on or before March first for such assessment. Upon receipt of said bill, each state or regional transit authority shall, within thirty days, pay said assessment to the secretary provided that all amounts so received shall be credited to the General Fund.

SECTION 31. Notwithstanding the provisions of any general or special law to the contrary, expenses incurred by the residential conservation service program, within the division of energy resources, to a maximum of one hundred eighty-four thousand six hundred and fifty dollars, plus the cost of fringe benefits as calculated by the secretary of administration and finance pursuant to section six B of chapter twenty-nine of the General Laws, shall be assessed upon utility companies of the commonwealth in accordance with the provisions of chapter twenty-five A.

SECTION 32. Notwithstanding the provisions of any general or special law to the contrary, in addition to the provisions of chapter one hundred and sixty-six A of the General Laws, the Community Antenna Television Commission is hereby authorized to make an assessment for fiscal year nineteen hundred and ninety-three, against each licensee under this chapter with operating revenues exceeding one million dollars based upon the operating revenues of each licensee derived from sales within the commonwealth of such community antenna television service as shown in the most recent annual report to the commission of each said licensee. Said assessment shall be determined and certified by the commission as to produce not more than two hundred and fifty thousand dollars in revenue to be allocated among such licensees in the proportion that each licensee's share of such operating revenues bears to the total of all such licensees in the commonwealth during the previous calendar year. The funds produced by such assessment shall be allocated to the administrative, operational, equipment and personnel expenses of said commission.

SECTION 33. Any ordinance or by-law enacted pursuant to section twenty-one D of chapter forty of the General Laws prior to July first, nineteen hundred and ninety-two shall be deemed to have been enacted pursuant to said section twenty-one D as amended by this act.

SECTION 34. Notwithstanding the provisions of any general or special law to the contrary, any justice of the trial court of the commonwealth who was appointed prior to January second, nineteen hundred and seventy-five and thereby not subject to the contributory retirement provisions of section sixty-five D of chapter thirty-two of the General Laws and had attained the age of fifty-five or older as of December thirty-first, nineteen hundred and ninety-one, shall be eligible for a pension for life at an annual rate equal to three-fourths of the annual rate of salary payable to him at the time of such retirement. The provisions of section sixty-five A of chapter thirty-two of the General Laws, and any provisions of law referred to therein, shall be applicable to pensions awarded under the provisions of this section.

Applications for a pension provided for under this section shall be filed not later than October first, nineteen hundred and ninety-two and shall include a requested retirement date of not later than December thirty-first, nineteen hundred and ninety-two; provided, however, that the selection of a retirement date which is earlier than December thirty-first, nineteen hundred and ninety-two shall be subject to the approval of the administrative justice of the applicable trial court department.

SECTION 35. The office of the chief administrative justice of the trial court shall submit its ongoing study of the personnel needs and personnel allocation system of the trial court, along with any additional studies and plans required pursuant to this section, to the joint committee on the judiciary and the house and senate committees on ways and means no later than January first, nineteen hundred and ninety-three. Said study shall include at least the following: a methodology for determining the true workload of each county, division, or courthouse of the trial court, including measurements of population, crime rate, and caseload; a consistent definition of an active case for purposes of making comparable determinations of the caseloads of different counties, divisions and courthouses; and a plan for the implementation of the study, including a uniform formula for determining the necessary staffing level to handle a specific workload and a system for allocating staff accordingly.

SECTION 36. The supreme judicial court shall appoint a committee of justices of the trial court to serve two purposes: (1) to conduct a study of the structure and governance of the trial court; and (2) to serve as a pilot project in the use of committees of justices to govern the trial court. The committee shall be comprised of justices selected to represent the departments of the trial court and the different geographic regions of the state. The office of the chief administrative justice of the trial court shall provide staff support and assistance to the committee. The committee's study shall address at least the following issues: the advisability of altering the structural organization of the seven departments of the trial court; alternative trial court structures, including but not limited to a completely unified trial court, a two-tiered trial court, a statewide family court, and the merger of the Boston municipal court department with the district court department; and the feasibility of adapting the federal judicial conference model of governance by committees of judges to the Massachusetts trial court. Said committee shall submit a report to the joint committee on the judiciary and the house and senate committees on ways and means no later than February first, nineteen hundred and ninety-three.

SECTION 37. The chief administrative justice of the trial court, in consultation with the supreme judicial court, shall conduct a study and develop a plan for the most effective means of creating an integrated information system for the entire trial court, including, if possible, the creation of a single management information office for the entire trial court including the department of probation. Said study and plan shall be submitted to the house and senate committees on ways and means no later than November first, nineteen hundred and ninety-two. Notwithstanding the provisions of any general or special law to the contrary, neither the office of the chief administrative justice of the trial court nor any department of the trial court shall make any expenditure for the creation or expansion of any computer system prior to the completion of said study and plan, unless the chief administrative justice in consultation with the supreme judicial court determines that such expenditure is critical to the administration of justice. After the completion of such study and plan, all expenditures for the creation or expansion of any computer system by the office of the chief administrative justice and by any department of the trial court shall conform to such plan and shall be subject to approval by the chief administrative justice to ensure such conformity with such plan.

SECTION 38. The supreme judicial court is encouraged to implement a mandatory continuing education program for all court personnel, including justices, using the resources of the judicial institute or other appropriate educational resources.

SECTION 39. Each district attorney shall develop a plan for the expenditure of the funds provided pursuant to section two for a domestic violence prosecution program and shall submit the plan to the attorney general and the house and senate committees on ways and means for their review no later than October first, nineteen hundred and ninety-two. Each district attorney shall submit a report on the activities and accomplishments of such program in fiscal year nineteen hundred and ninety-three to the attorney general and to such committees no later than August first, nineteen hundred and ninety-three.

SECTION 40. There is hereby established the Asbestos Cost Recovery Fund. Notwithstanding any general or special law to the contrary, all sums awarded or received by the Commonwealth, after the payment of fees and expenses, as a result of settlement, trial, or judgement from Suffolk Superior Court No. 90-3791-A, Commonwealth of Massachusetts v. Owens Corning Fiberglas, et al, or received as payments by the commonwealth on account of the bankruptcy of any manufacturer, seller or distributor of asbestos containing materials in building that the Commonwealth owns, operates or has a property interest in shall be segregated and held in such trust. The division of capital planning and operations shall develop a plan for the orderly expenditure of such sums as are received by the Asbestos Cost Recovery Fund for the purposes of operations and maintenance, encapsulation and removal of asbestos. The plan, which shall be subject to revision as necessary, shall contain provisions for emergencies, the short term and long term control of asbestos in buildings that the Commonwealth owns, operates or has a property interest in, and the removal and disposition of asbestos containing materials located in such buildings. Any funds deposited in said fund shall not revert to any time to the General Fund, but shall remain available for the purposes provided herein. Any funds deposited as described above shall be expended by the division of capital planning and operations, subject to appropriation, consistent with the purposes of this section. `t+1

SECTION 41. There is hereby established a special commission to investigate and study the implementation of video gaming in the commonwealth. Said commission shall consist of three members of the Senate, one of whom shall serve as co-chairman and one of whom shall be a member of the minority party, four members of the House of Representatives, one of whom shall serve as co-chairman and one of whom shall be a member of the minority party, the Secretary of Administration and Finance or his designee, the Auditor or his designee, and the Secretary of State or his designee.

Before making recommendations, said commission shall hold at least one public hearing and shall consult with, receive evidence from, and solicit the opinions of industry interest, interested state agencies, public interest groups, and the general public as it may determine appropriate.

Said commission shall report to the General Court the results of its investigation and study, together with its recommendations and drafts of legislation necessary to carry said recommendations into effect, if any, by filing the same with the Clerk of the House of Representatives on or before the first Monday in November, nineteen hundred and ninety-two.

SECTION 42. The budget submitted by the governor to the general court pursuant to section seven H of chapter twenty-nine of the General Laws shall be accompanied by a narrative description, including supporting financial statements, which shall disclose the estimated revenues, expenses and fund balances of said budget when computed pursuant to generally accepted accounting principles, hereinafter referred to as GAAP. Said description shall include a statement concerning the material differences between the budget and the said GAAP computation of the budget, including, but not limited to, the components of taxes, medicaid, assistance to the Massachusetts bay transportation authority, compensated absences, claims and judgments, and other differences. Said description shall be in addition to such other information, disclosures and recommendations required by said chapter. For purposes of this section, generally accepted accounting principles shall refer to generally accepted accounting principles for governments as issued by the governmental accounting standards board. The comptroller is hereby authorized and directed to make available the records, resources and full cooperation of his office in preparing said description.

SECTION 43. The state treasurer shall prepare and submit to the house and senate committees on ways and means on or before August twenty-fifth, November twenty-fifth, February twenty-fifth, and May twenty-fifth official cash-flow projections for the current fiscal year and for the fiscal quarters beginning October first, January first, April first, and July first, respectively. Included in said projections shall be estimated spending and revenue, along with assumptions used to derive said estimates and identification of any cash-flow gaps. Variance reports, which compare actual revenues and spending with planned revenues and spending, shall be produced weekly by the treasurer and distributed to the office of the comptroller, the department of revenue, and the executive office for administration and finance. All data required by the treasurer's office for production of annual and quarterly cash-flow projections and weekly variance reports shall be submitted by state agencies in a timely fashion, on or before deadlines established by the treasurer's office. The department of revenue shall be responsible for providing estimates of receipts and the office of the comptroller for providing estimates of agency spending and non-tax revenue receipts.

The executive office for administration and finance and the treasurer's office shall jointly develop and approve annual and quarterly cash management plans to address gaps identified by cash-flow projections and variance reports. Said management plans shall clearly identify the roles to be played by short-term borrowing, investment policy, expenditure controls, and revenue management in providing necessary cash.

SECTION 44. Notwithstanding the provisions of sections thirteen to seventeen of chapter fifty-eight of the General Laws, for fiscal year nineteen hundred and ninety-three, the amount of reimbursement to cities and towns in lieu of taxes on state-owned land pursuant to said sections shall be determined using valuations calculated by the commissioner of revenue according to the best available information; provided, no such valuations shall be subject to appeal. The amount appropriated in item 0611-5510 shall be in full satisfaction of the requirements of said section seventeen, and any shortfall shall be prorated among the eligible cities and towns. The cherry sheets, so-called, of the commonwealth shall contain a separate category for reimbursements in lieu of taxes on state-owned land, which shall list for each city and town the amount of the payment pursuant to this section.

SECTION 45. Notwithstanding the provisions of section ninety of chapter six of the acts of nineteen hundred and ninety-one, or any other general or special law, or rule or regulation to the contrary, employees who were furloughed under the provisions of said section ninety of said chapter six, who chose the option of continuing to work their furlough days unpaid and receive a number of bonus vacation days in compensation thereof, as specified in subdivision (b) of said section ninety, and who were not allowed to decide anew whether to receive a lump sum payment or to receive their unused bonus vacation days under the provisions of section fourteen of chapter four hundred and ninety-nine of the acts of nineteen hundred and ninety-one, because their bonus vacation days were deemed to have been used as the first days of any vacation taken after July first, nineteen hundred and ninety-one pursuant to the rules and regulations of their branches, offices, departments, agencies or authorities, shall be given the opportunity to make said decision. Such employees shall be entitled to choose whether to receive a lump sum payment for their uncompensated furlough days, each one and one-quarter bonus vacation days to be converted into one day's compensation, not to exceed their number of furlough days, or whether to receive bonus vacation days under the terms of the section ninety of chapter six, with the exception of any rules and regulations authorized by said section ninety. Each such employee shall elect finally in writing to his immediate manager by July thirty-first, nineteen hundred and ninety-two. All such employees who choose under the provisions of this paragraph to receive a lump sum payment rather than their bonus vacation days, shall be entitled to said payment in a per diem amount equal to their compensation rate as it stood at the time of the furlough, or as it stands as of July first, nineteen hundred and ninety-two, whichever is greater. The secretary of administration and finance is hereby authorized and directed to implement the provisions of this paragraph by August fourteenth, nineteen hundred and ninety-two.

SECTION 46. Notwithstanding the provisions of any general or special law to the contrary, no funds of the state employees' retirement system, the state teachers' retirement system, or the Pension Reserves Investment Trust Fund shall be loaned or pledged to the commonwealth, or used for the purchase of any bond, note or other obligation of the commonwealth.

SECTION 47. Notwithstanding the provisions of chapter thirty-two of the General Laws, or of any general or special law to the contrary, any person employed by two or more governmental units which have established contributory retirement systems under the provisions of sections one to twenty-eight of said chapter thirty-two, or under corresponding provisions of earlier laws, who, in accordance with the provisions of subdivision (7) of section three of said chapter thirty-two, was required to be a member of each retirement system shall be entitled to receive upon his written request to the retirement board, in one sum, an amount equal to the accumulated regular deductions paid by said member into the annuity savings fund of the retirement system of the governmental unit which said member has contributed the lesser amount, together with regular interest as shall have accrued thereon in accordance with the provisions of sections eleven and twenty-two of said chapter thirty-two. Payment of said amount to said member shall be in the alternative to and exclusive of any other benefit, allowance, pension or other payment to said member from, or on account of service rendered to or of compensation received while a member of, said retirement system.

SECTION 48. Notwithstanding the provisions of chapter thirty-two of the General Laws or of any other general or special law to the contrary, and upon the acceptance of this section by the legislative and executive authority within a city, town or county, the provisions of this section providing for a retirement program for municipal and county employees shall apply to a municipal or county employee who is a Group 1, Group 2, or Group 4 employee as defined in section three of said chapter thirty-two, who is a member of the appropriate municipal or county retirement system and who (i) shall be an employee of the municipality on the effective date of this section, (ii) shall be eligible to receive a superannuation retirement allowance in accordance with the provisions of subdivision (1) of section five or subdivision (1) of section ten of said chapter thirty-two upon the effective retirement date specified in his written application to said board and (iii) shall have filed a written application after July first, nineteen hundred and ninety-two, but not later than July fifteenth, nineteen hundred and ninety-three to retire for superannuation as of the date which shall be specified in such application; provided, however, that said date for retirement shall be no earlier than September first, nineteen hundred and ninety-two and no later than forty-five days after the acceptance of this act by the city, town or county. For the purposes of this section the legislative authority shall mean a town meeting in a town, the city council in a city, the county advisory board in a county other than the counties of Suffolk and Nantucket in which cases the county commissioners shall serve as the legislative authority; and the executive authority shall mean the board of selectmen in a town, the mayor in a city, and the county commissioners in a county. Said program shall be administered by the appropriate municipal or county retirement system, which shall also promulgate regulations to implement the provisions of said program.

Notwithstanding the foregoing, no city, town or county may adopt the provisions of this section unless said city, town or county has established a retirement system funding schedule pursuant to the provisions of section twenty-two D of Chapter thirty-two of the General Laws or subdivision six A of section twenty-two of said chapter thirty-two prior to the effective date of this act or adopts the provisions of section twenty-two D of said Chapter thirty-two after the effective date of this act.

Notwithstanding any provisions of said chapter thirty-two to the contrary, the normal yearly amount of the retirement allowance for an eligible employee who is employed by a city, town or county which accepts the applicable provisions of this act and who has paid the full amount of regular deductions on the total amount of regular compensation as determined under paragraph (a) of subdivision (2) of section five of said chapter thirty-two, shall be based on the average annual rate of regular compensation as determined under said paragraph (a) and shall be computed according to the table contained in said paragraph (a) based on the age of such member and his number of years and full months of creditable service at the time of his retirement increased by up to five years of age or by up to five years of creditable service or by a combination of additional years of age and service the sum of which shall not be greater than five; provided however that the executive authority in a city or town may limit the amount of additional credit for service or age or a combination of service or age offered and the number of employees for whom it will approve a retirement calculated under the provisions of this section; provided further that if participation is limited, the retirement of employees with greater creditable service shall be approved before approval is given to employees with lesser creditable service.

For the purpose of this section words shall have the same meanings as in Chapter thirty-two of the General Laws, unless otherwise expressly provided or unless the context clearly requires otherwise. An employee who retires and receives an additional benefit in accordance with the provisions of this section shall be deemed to be retired for superannuation under the provision of said chapter thirty-two and shall be so subject to any and all provisions of said chapter thirty-two.

The total normal yearly amount of the retirement allowance, as determined in accordance with the provisions of section five of said chapter thirty-two, of any employee who retires and receives additional benefit under the retirement incentive program for municipal and county employees in accordance with the provisions of this section shall not exceed four-fifths of the average annual rate of his regular compensation received during any period of three consecutive years of creditable service for which the rate of compensation was the highest or of the average annual rate of this regular compensation received during the periods, whether or not consecutive, constituting his last three years of creditable service preceding retirement, whichever is greater.

The commissioner of the public employee retirement administrations shall analyze, study, and valuate the costs and the actuarial liabilities attributable to the additional benefits payable in accordance with the provisions of this section of the retirement incentive program for municipal and county employees established by this section for each retirement system; provided, that said commissioner shall file a report in writing of his findings to the board on or before December thirty-first, nineteen hundred and ninety-three, and shall send a copy thereof to the county commissioners, the mayor, or the board of selectmen, as the case may be; provided further, that said reports shall be filed with the joint committee on public service on or before December thirty-first, nineteen hundred and ninety-three.

The applicable retirement board shall prepare a funding schedule which shall reflect the costs and the actuarial liabilities attributable to the additional benefits payable under the retirement incentive program in accordance with the provisions of this section and said schedule shall be designed to reduce the applicable retirement system's additional pension liability attributable to such costs and liabilities to zero on or before June thirteenth, two thousand and eight; provided, that in preparing such schedule, the board shall consider the analysis of the commissioner of public employee retirement administration filed in accordance with the provisions of this section; and provided further, that said board shall triennially update such schedule until said June thirtieth, two thousand and eight. Said board shall file such funding schedule with the joint committee on public service and the house and senate committees on ways and means on or before March first, nineteen hundred and ninety-four, and shall file updates thereto triennially on or before March first of each year. In each of the fiscal years until the actuarial liability determined under this section shall be reduced to zero, it shall be deemed an obligation of the applicable city, town or county to fund such liability and there shall be appropriated to the applicable pension reserve fund in each such fiscal year the amount required by the funding schedule and the updates thereto.

SECTION 49. The board of directors created in chapter four hundred and sixty-five of the acts of nineteen hundred and fifty-six is hereby authorized to design and implement an early retirement program for its employees; provided, however, that no retirement under said program shall occur earlier than September first, nineteen hundred and ninety-two or later than August thirty-first, nineteen hundred and ninety-three.

SECTION 50. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized to transfer amounts from items of appropriation, excluding the items of appropriation of the constitutional officers, to a reserve account for the purpose of funding the costs of the early retirement incentive program authorized by chapter twenty-two of the acts of nineteen hundred and ninety-two, said amounts not to exceed in the aggregate for each item of appropriation the projected salary attributable to employees participating in said early retirement incentive program. The comptroller is hereby authorized to establish said reserve account in the intragovernmental services fund. The secretary of administration and finance is further authorized to expend directly from said reserve account without further appropriation, or to transfer to items of appropriation for expenditure therefrom, such amounts as he determines to be necessary to meet certain costs resulting from the implementation of said early retirement incentive program, including, but not limited to, increased pension and group health insurance costs and vacation and sick leave buyout obligations, and the cost of refilling certain vacated positions as authorized by sections six through eight of said chapter twenty-two.

SECTION 51. The secretary of administration and finance is hereby authorized and directed to establish minimum training requirements and a training program on the provisions of state finance law, rules and regulations for all appointed officials, senior managers and fiscal officers of secretariats, departments, agencies, boards, commissions and entities under the control of said secretary. Said training shall include, but not be limited to, the communication of a comprehensive understanding of: the fiscal management requirements established by chapter twenty-nine of the General Laws; the criminal sanctions and penalties for violations of said chapter and related law; the fiscal management requirements established by the general appropriation act; and related fiscal management rules and regulations promulgated by the executive office of administration and finance, the office of the treasurer and receiver-general, the office of the state auditor and the office of the inspector general. Said training shall emphasize the conduct of sound financial practices and the performance of fiduciary responsibility as governed by said law, rules and regulations.

The training program established by this section shall be undertaken by said officials and employees not later than January first, nineteen hundred and ninety-three. The secretary shall certify to the house and senate committees on ways and means by January fifteenth, nineteen hundred and ninety-three the number and position of all such employees, by agency, who complete at least two hours of such training and shall submit at such time a copy of training materials developed for the purposes of said program. The secretary shall further certify by said date the establishment of permanent training requirements for all newly appointed and hired officials and employees. The secretary may utilize the services of the department of personnel administration and such other personnel and agencies as may be necessary to conduct such training.

SECTION 52. The secretary of administration and finance is hereby authorized and directed to promulgate regulations governing the use of state passenger vehicles and light-duty pickup trucks. Said regulations shall be aimed at proscribing the purchase or lease of such passenger vehicles and light-duty pickups unless documentary evidence available prior to any such purchase or lease indicates that the passenger vehicle or light-duty pickup will likely be driven, by the assigned employee or department, more than fifteen thousand business miles per year, excluding commuting miles, subject to such exceptions deemed by said secretary to be appropriate, given the intended use of the particular vehicle.

Said regulations shall provide for the enforcement of this mileage guideline, including a system for annual reevaluation of the use of all state passenger vehicles and light-duty pickups, and subsequent disposition of any vehicle or pickup whose use unreasonably fails to meet this guideline.

The secretary of administration and finance shall submit an annual report to the house and senate committees on ways and means on the utilization of passenger vehicles and light-duty pickups that are owned, leased or assigned to any agency within the executive branch of state government. Said report shall include the following:

(a) a complete listing of passenger vehicles and light-duty pickups, including the year, make, registration number, and actual monthly mileage of any vehicle leased, owned, or assigned to each agency; the name, position number, and position title of the employee assigned to each vehicle; and a detailed explanation of the need for each vehicle. Said report shall not include vehicles with confidential plates, as provided in administrative bulletin 89-6 issued by the executive office for administration and finance; provided, however, that said report shall state the number of confidential plates that have been issued;

(b) a complete listing of passenger vehicles and light-duty pickups that were subject to disposition during the prior month identifying the former state vehicle by the year, make, registration number, and actual monthly mileage, and the name, position number, and position title of the employee last assigned to each vehicle;

(c) a complete listing of new leases entered into by any agency and new purchases made by agencies for which the secretary shall identify the funding source; said list shall include the year, make, registration number, and actual monthly mileage of any vehicle leased, owned, or assigned to each agency; the name, position number, and position title of the employee assigned to each vehicle; and a detailed explanation of the need for each vehicle;

(d) a complete listing of the name, office location, position number and position title of any employee authorized by the secretary to use a passenger vehicle or light-duty pickup to travel from the employee's place of residence to the employee's place of work; the year, make, registration number and actual monthly mileage of the vehicle assigned to such employee; and a detailed explanation of the need for such authorization.

The secretary of administration and finance shall ensure that all employees shall be prohibited from using motor vehicles for personal uses.

SECTION 53. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to charge all agencies for the commonwealth's share of the health insurance costs incurred on behalf of any employees of that agency who are on leave of absence for a period of more than one year. The amounts received in payment for such charges shall be credited to the General Fund.

SECTION 54. The department of revenue and the executive office of elder affairs are hereby directed to conduct a study of incentives for the purchase of long-term care insurance. The study shall include the use of income tax exemptions or deductions to encourage the early purchase of such insurance to create a risk pool to support the long-term care needs of the commonwealth. The department and secretary shall report to the house and senate committees on ways and means by January first, nineteen hundred and ninety-three.

SECTION 55. The department of revenue is hereby authorized and directed to conduct a study to determine the feasibility of and economies to be achieved by combining the commonwealth's income tax reporting and payment system with that of the federal government. The study shall be submitted to the secretary of administration and finance no later than December first, nineteen hundred and ninety-two.

SECTION 56. The office of the comptroller is hereby authorized and directed to undertake and complete a study relative to the advantages and disadvantages of full cost budgeting, cost allocation, and cost recovery, so-called. The study shall examine full cost budgeting as it relates to the following cost items: (a) fringe benefits associated with state employees including, but not limited to, group health and life insurance, workers' compensation, unemployment compensation, health insurance for the unemployed, employees' share of the medicare tax, and retirement benefits; (b) certain central services provided directly by one state agency to another state agency including, but not limited to, state audits, telecommunications, computer operations, motor vehicle fleet, fuel, postage, central supplies and equipment, and central reproduction; and (c) certain other central services provided either directly or indirectly for one state agency by another state agency including, but not limited to, space utilization (including costs of utilities and of debt service related to capital asset acquisition), comptroller operations, treasury operations, auditor operations, attorney general operations, and purchasing agent operations. The study shall review the experience of other states and the requirements of generally accepted accounting principles. The study shall review all relevant business applications of full cost budgeting and undertake a cost-benefit analysis to recommend the proper fiscal mechanism for each cost item. The comptroller is also authorized and directed to establish a task force to assist in the study and shall seek members for such task force from the department of procurement and general services, the budget bureau, the office of management information systems, the office of human resource administration, the office of the state treasurer and receiver-general, the office of the state auditor, the office of the attorney general, and other agencies that the comptroller shall deem relevant to the study. The task force shall have access to the records and reports of such agencies for the purpose of the study. A final report of the study, together with its findings and proposed statutory amendments, if any, shall be completed and filed with the executive office for administration and finance, the house and senate committees on ways and means, the clerk of the house of representatives, and the clerk of the senate no later than December first, nineteen hundred and ninety-two.

SECTION 56A. The office of the comptroller is hereby authorized and directed to undertake and complete a study relative to the advantages and disadvantages of converting certain full cost budgeting items from an intragovernmental service fund to an internal service fund. The study shall examine the cost-effectiveness of the use of internal service funds, including but not limited to the following issues: off-budget versus appropriation status, revolving account authority, meeting future and current unfunded liabilities, and competition with private sector service providers. The study shall review the experience of other states, the requirements of generally accepted accounting principles, and all relevant business applications of internal service funds. The comptroller is also authorized and directed to establish a task force to assist in the study and shall seek members for such task force from the department of procurement and general services, the budget bureau, the office of management information systems, the office of human resource administration, the office of the state treasurer and receiver-general, the office of the state auditor, the office of the attorney general, and other agencies that the comptroller shall deem relevant to the study. The task force shall have access to the records and reports of such agencies for the purpose of the study. A final report of the study, together with its findings and proposed statutory amendments, if any, shall be completed and filed with the executive office for administration and finance, the house and senate committees on ways and means, the clerk of the house of representatives, and the clerk of the senate no later than December first, nineteen hundred and ninety-two.

SECTION 57. Notwithstanding the provisions of section forty-four A of chapter one hundred and forty-nine of the General Laws, the commissioner of the division of capital planning and operations is hereby authorized, during fiscal year nineteen hundred and ninety-three, to solicit proposals for and award contracts to the lowest bidder demonstrably possessing the skill, ability, and integrity necessary to perform faithfully energy management services at buildings owned by state agencies or building authorities; provided, however, that such awards shall be made pursuant to the provisions of section twenty A of chapter nine, and sections forty-four D and forty-four J of chapter one hundred and forty-nine of the General Laws; and provided further, that any invitation to bid on such energy conservation contracts, as authorized in this section, shall be filed with the division of energy resources at least fourteen days prior to the publication of any notice of such invitations to bid.

Such contracts shall be subject to appropriation and may include terms of ten years or less, provisions allocating between the parties any cost savings attributable to a reduction in energy and water consumption due to the contractor's performance or revenues gained due to contractor's services which are aimed at energy and water cost savings, and authorization for the contractor, subject to the approval of said commissioner, to undertake various repairs and modifications to the mechanical systems of said buildings. Energy management contracts that include cogeneration projects shall include terms of twenty years or less. The commissioner may delegate to state agencies and building authorities the authority to enter into such agreements with an estimated construction cost of less than two hundred thousand dollars. Such delegation shall be in writing from the commissioner to the requesting agency or building authority.

Notwithstanding the provisions of sections forty-four A to forty-four H, inclusive, of chapter one hundred and forty-nine of the General Laws, cities, towns, local housing authorities, and counties are hereby authorized, during fiscal year nineteen hundred and ninety-three, to award contracts for the purchase of energy management services to the bidder demonstrably possessing the skill, ability, and integrity to perform faithfully such services on the terms most favorable to the awarding authority; provided, that such awards shall be made after (i) public advertising for proposals, at least fourteen days before the date specified for the submission of proposals, in at least one newspaper, if any, published in the town, city or county and in the central register published by the state secretary pursuant to section twenty A of chapter nine of the General Laws and (ii) prompt publication of the successful bidder. Contracts awarded under this paragraph may include provisions allocating between the parties any cost savings attributable to a reduction in energy consumption due to the contractor's performance. Any invitation to bid on such energy conservation contracts offered by any city, town, housing authority, or county shall be filed with the division of energy resources at least sixty days prior to the publication of any notice of such invitations to bid.

For the purposes of this section, the term "energy management services" shall include, but not be limited to, energy audits, energy conservation measures, and energy conservation projects as defined by section three of chapter twenty-five A of the General Laws, as well as building maintenance and financing services designed to decrease the cost of energy and water in operating said buildings.

SECTION 58. The department of environmental protection shall conduct a study to analyze the increasing mandates under the Federal Safe Drinking Water Act and to make recommendations for funding the commonwealth's compliance with the act. The study shall address, but not be limited to, identifying equitable alternatives to the current fees assessed on small water suppliers and making recommendations for legislative and administrative action at the national level.

The commissioner of said department or his designee shall appoint and chair a special task force to provide recommendations for the content of the report. The task force shall consist of a representative from the following organizations: U.S. Environmental Protection Agency, State and regional waterworks associations, municipalities, small water suppliers, industry, environmental and elected officials, plus any other persons as the commissioner may choose. The department shall submit the study and any accompanying legislation that is necessary to implement its recommendations to the house and senate committees on ways and means, and the joint committee on natural resources and agriculture no later than March fifteenth, nineteen hundred and ninety-three.

SECTION 59. On or before September thirtieth, nineteen hundred and ninety-two, the Massachusetts water resources authority shall pay to the commonwealth the amount of eighty million dollars. Said amount shall be in consideration for costs borne by the commonwealth on behalf of the Massachusetts water resources authority and its predecessor agency. Such costs include, but are not limited to, the payment of interest and principal on debt issued and charged to the metropolitan district commission water fund and the metropolitan district commission sewer fund.

SECTION 60. The departments of environmental protection and environmental management shall make available funds for the Walker Pond dredging project in the town of Sturbridge during the fiscal year ending June thirtieth, nineteen hundred and ninety-three.

SECTION 61. Notwithstanding any general or special law to the contrary, the department of environmental protection, hereinafter known as the department, is hereby authorized and directed to expend a sum not to exceed thirty thousand dollars for the creation of a definitive map of the town of Provincetown coastline which shall distinguish the historic high water mark between the Cape Cod National Seashore and Howland Street along the commonwealth tidelands of said town. Such map shall include specifications to comply with regulations, as promulgated by the department, pursuant to chapter ninety-one of the General Laws.

SECTION 62. The secretary of communities and development is hereby authorized and directed to expend funds appropriated in item 3100-0200 of section two to develop and implement a program of competitive municipal management grants designed to promote economy, efficiency and effectiveness in the delivery of local services by cities and towns. Such a program shall include but not be limited to, an emphasis on sound fiscal management, innovative programs, service cost savings, regionalization, privatization, shared services, collaborative purchasing and professional management, including equipment and hardware; provided, that the program guidelines and selection criteria shall allow all thirteen of the commonwealth's designated regional planning agencies the right to directly apply for municipal incentive grants inasmuch as said agencies are, by definition, composed of local governments; provided further, that the secretary shall monitor the expenditure of grant funds by said agencies to ensure the compliance by each agency with its plan of activities and shall withdraw approval of any grant to a regional planning agency found not to be in compliance with its plan of activities; provided further, that said grants may provide funding for feasibility studies, planning, personnel or project start-up costs, capacity building, program operation and information transfer; provided however, that nothing in these provisions shall prohibit an individual city or town from applying or competing for municipal incentive grants; provided further, that funds appropriated in said item may be provided in advance; and provided further, that said secretary is authorized and directed to expend funds appropriated in said item to develop, on or before December thirty-first, nineteen hundred ninety-two, a demonstration program for measuring and reporting relative efficiency and productivity in the provision of core municipal services.

SECTION 63. Notwithstanding the provisions of chapter four hundred and ninety of the acts of nineteen hundred and eighty, the executive office of communities and development may authorize neighborhood housing services corporations to retain and reloan funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program.

SECTION 64. Notwithstanding the provisions of any general or special law to the contrary, a housing authority, as defined by section one of chapter one hundred and twenty-one B of the General Laws, is hereby authorized to purchase materials, supplies or services pursuant to the consolidated supply program of the United States Department of Housing and Urban Development; provided, however, that the provisions of section thirty-nine M of chapter thirty, and sections forty-four A to forty-four H, inclusive, of chapter one hundred and forty-nine of the General Laws shall not apply to such purchases; and provided further, that no such purchase shall be undertaken if the amount involved therein is one thousand dollars or over, unless a notice thereof shall have been posted, not less than one week prior to the time of said purchase in a conspicuous place on or near the premises of the officer having charge of any such housing authority making such purchase, and, if the amount therein is in excess of five thousand dollars, unless such a notice shall also have been posted at least once not less than two weeks prior to the time so specified and published at such other times prior thereto if any, as the commissioner of administration shall direct, in the central register published by the state secretary pursuant to section twenty A of chapter nine of the General Laws.

SECTION 65. Notwithstanding the provisions of any general or special law or regulation to the contrary, all housing authorities and nonprofit organizations operating elderly public housing are hereby authorized and directed to offer first preference for elderly public housing units which are vacant as of the effective date of this act, and thereafter, to those elderly persons who held chapter seven hundred and seven rental assistance certificates, so called, and vouchers under any existing state voucher program, on June thirtieth, nineteen hundred and ninety-two. The executive office of communities and development shall be responsible for the faithful compliance by local housing authorities with the provisions of this section, and is hereby authorized to take such actions as it deems necessary, including requiring regular, up-to-date reports by the housing authorities and nonprofit organizations operating such public housing, to insure such compliance in a timely and equitable fashion.

SECTION 66. The secretary of the executive office of health and human services is hereby authorized and directed to conduct a study relative to the establishment of supportive living services for frail elders. Said study shall determine the demand and options available for providing non-institutional health services and assistance with activities of daily living to eligible medicaid recipients in qualified assisted living settings. Said study shall consider appropriate medical necessity criteria for determining recipient eligibility for such services and the licensure and certification standards necessary to qualify providers of such services in order to protect consumers, ensure the quality of care and comply with applicable federal law. Said study shall further identify statutory and regulatory impediments to establishing such services, including the necessity or desirability of obtaining any federal waivers. Said study shall further identify how such services would affect the long term care delivery system, particularly with respect to the impact on freestanding intermediate care nursing facilities and residential care facilities. Said study shall further identify the resources necessary, potential federal reimbursements available, and savings possible from establishing such services, including the resources that may be necessary to mitigate the effects of such services on existing long term care facilities. The secretary shall file said study, and if necessary, legislation recommended to establish such services, with the joint committee on health care and the house and senate committees on ways and means not later than July first, nineteen hundred and ninety-three.

SECTION 67. Notwithstanding any general or special law to the contrary, upon the effective date of a merger or consolidation which shall be not later than October first, nineteen hundred and ninety-three (hereinafter the "effective date") of St. Joseph's Hospital and Saint John's Hospital both of which operate health care facilities in Lowell (hereinafter the "hospitals") (a) the hospitals shall be exempt from the requirements of section fifty-six of chapter four hundred and ninety-five of the acts of nineteen hundred and ninety-one and shall not be required to pay any over generation of approved revenue for fiscal years prior to nineteen hundred and ninety-two into the uncompensated care trust fund established pursuant to section seventeen of chapter one hundred and eighteen F, repay any such excess revenue to any person or suffer any penalty as a result of such over generation, and (b) any alleged non-compliance by the hospitals with the provisions of sections seventy-eight to one hundred and chapter six A of the General Laws, inserted by chapter twenty-three of the acts of nineteen hundred and eighty-eight, shall be waived and forgiven as of the effective date without further consequence.

In order to maximize the benefits of the merger or consolidation, the hospitals must be able to expeditiously develop and implement a strategic plan and determine the mix of future services in light of the needs of the communities served. Notwithstanding any general or special law to the contrary, with regard to any determination of need application filed by the hospitals pursuant to the provisions of sections twenty-five B to twenty-five G, inclusive, of chapter one hundred and eleven with regard to any substantial change in services, as defined in said sections, and any regulations, informational bulletins, policy statements or the like issued by the department of public health or the public health council pursuant thereto, the public health council shall act on the application within three months of the filing of such application; provided that the filing day for such application may be any day within six months of the effective date; and provided further that the public health council shall consider such application solely on its own merits.

Notwithstanding the foregoing, the above exemption for St. Joseph's Hospital and Saint John's Hospital from the provisions of section fifty-six of said chapter four hundred and ninety-five shall not extend to those provisions of said section fifty-six which require the commission to complete all pertinent pending matters and in no event shall any provision of this section be construed in such a way as to impair settlement with either or both hospitals pursuant to the provisions of hospital agreement (HA-31) by a non-profit hospital and medical service corporation.

SECTION 68. Notwithstanding the provisions of any general or special law to the contrary, no authority, agency, division, department or office of the commonwealth nor any person with authority to contractually bind any authority, agency, division, department or office of the commonwealth shall authorize or pay in any contract for services with any vendor a percentage increase in said contract for services that is based upon salary increases for any personnel of said vendor. Current contracts for services with vendors that contain provisions for percentage increases based upon salary increases for personnel shall be renegotiated by the contracting authority, agency, division, department or office. The provisions of this section shall not apply to contracts with the providers participating in the medical assistance program authorized under chapter one hundred and eighteen E of the General Laws.

SECTION 69. Notwithstanding the provisions of any general or special law to the contrary, the rate setting commission, where it deems necessary, shall adjust a hospital's allowance for uncompensated care if it has determined that such adjustment is necessary to adequately compensate such hospital for the provision of care and services to recipients of the healthy start program established by section twenty-four D of chapter one hundred and eleven of the General Laws.

SECTION 70. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of the commission for the blind shall prepare a plan for the privatization of the Ferguson Industries for the Blind established under section one hundred and forty-three of chapter six of the General Laws. Said plan shall be submitted to the house and senate clerks on or before January first, nineteen hundred and ninety-three. Said plan shall have an effective date for the privatization of said Ferguson Industries for the Blind no earlier than July first, nineteen hundred and ninety-three.

SECTION 71. There shall be established on the books of the commonwealth a separate fund to be known as the Trust Fund for the Head Injury Treatment Services. Said trust fund shall consist of monies paid to the commonwealth pursuant to the provisions of section twenty-four of chapter ninety of the General Laws, as amended by section two hundred and eighty-seven of chapter one hundred and thirty-eight of the acts of nineteen hundred ninety-one, and any interest or investment earnings on such monies. (2) The state treasurer, ex officio, shall be the custodian of said trust fund, and shall receive, deposit, and invest all monies transmitted to him under the provisions of clause (1), and shall credit interest and earnings on the trust fund to said trust fund. (3) The state treasurer shall make such monies available to the statewide head injury program of the Massachusetts rehabilitation commission as may be appropriated for the purpose of developing and maintaining nonresidential rehabilitation services for head injured persons, provided that an appropriation from said trust fund shall not be used to replace funds historically appropriated from the General Fund to purchase head injury services.

SECTION 72. All employees of the youth service board, the advisory committee on service to youth and the department of youth services, including the several institutions within said division, who immediately prior to the effective date of this act, hold positions related to the exercise of such powers or the performance of such duties that are transferred by this act to the executive office of public safety, and either hold permanent appointment in positions classified under chapter thirty-one of the General Laws or have tenure in their positions by reason of section nine A of chapter thirty of the General Laws, are hereby transferred to the executive office of public safety. Every such transfer shall be effective without impairment of civil service status, seniority, retirement or other rights of the employee, without interruption of service within the meaning of said chapter thirty-one or said section nine A and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such transfer, subject to the provisions of said chapter thirty-one and the rules and regulations adopted thereunder.

All employees of the youth service board, the advisory committee on service to youth and the department of youth services, including the several institutions within said division who, immediately prior to said effective date, hold positions, but do not have such tenure, are hereby transferred to the executive office of public safety. Every such transfer shall be effective without impairment of civil service status, seniority, retirement or other rights of the employee, without interruption of service within the meaning of said section nine A and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such transfer.

SECTION 73. All petitions, hearings and other proceedings brought before, and all prosecutions and legal and other proceedings duly begun by any board, committee, department or office, the powers and duties of which are transferred to the executive office of public safety by this act and which arise from or relate to the exercise of such powers or the performance of such duties, and which are pending immediately prior to the effective date of this section, shall continue unabated and remain in force notwithstanding the passage of this act, and shall thereafter be completed before or by the appropriate agency within said executive office.

All orders, rules and regulations duly made, and all licenses, permits, certificates and approvals duly granted, by any board, committee, department or office, the powers and duties of which are transferred to the executive office of public safety by this act, which arise from or relate to the exercise of such powers or the performance of such duties, and which are in force immediately prior to the effective date of this act, shall continue in force and the provisions thereof shall thereafter be enforced, until superseded, revised, rescinded or canceled in accordance with law, by the appropriate agency within said executive office.

SECTION 74. All books, papers, records, documents, equipment, lands, interests in land, buildings, facilities and other property, both personal and real, which, immediately prior to the effective date of this act, are in the custody of any board, committee, department or office, the powers and duties of which are transferred to the executive office of public safety by this act, and which relate to or are maintained for the purpose of the exercise of such powers or the performance of such duties, are hereby transferred to the appropriate agency within said executive office; provided that all such property held in trust shall continue to be held in trust, and be administered in accordance with the terms of such trust, by the appropriate agency within said executive office or, if such agency shall decline such trust, by the trustee appointed by any court of competent jurisdiction upon application by any interested persons for such appointment or for instruction in connection therewith.

SECTION 75. All duly existing contracts, leases and obligations of any board, committee, department or office, the powers and duties of which are transferred to the executive office of public safety by this act, which relate to the exercise of such powers or the performance of such duties, and which are in force immediately prior to the effective date of this act, shall thereafter be performed by the appropriate agency within said executive office. No existing right or remedy of any character shall be lost, impaired or affected by the provision of this act.

SECTION 76. All monies heretofore appropriated for any board, committee, department or office the powers and duties of which are transferred to the executive office of public safety by this act, for the purpose of the exercise of such powers or the performance of such duties, and remaining unexpended on the effective date of this act, are hereby transferred to, and shall be available for expenditure by, the appropriate agency within said executive office for the purposes for which such funds were originally appropriated.

SECTION 77. Wherever the name of any board, committee, department or office, the powers and duties of which are transferred to the executive office of public safety by this act, appears in any general or special law, or in any order, rule, regulation or other document related to the exercise of such powers or the performance of such duties, such name shall mean and shall be construed as referring to the appropriate agency within the executive office.

SECTION 78. Wherever in any special or general law or in any rule or regulation there is provided a right of appeal to any board, committee, department or office the powers and duties of which are transferred to the executive office of public safety by this act, a right of appeal to the appropriate agency within the executive office of public safety shall exist and such appeal shall be made pursuant to the provisions of any applicable law, rule or regulation or amendment thereto or, in the absence of such applicable law, rule or regulation, pursuant to chapter thirty A of the General Laws. SECTION 79. All powers, duties, and other statutory provisions which prior to the effective date of this act were assigned to, or exercised by, any department, board, committee or office or other administrative unit or were assigned to or exercised by any officer of any such unit shall continue to be exercised and performed by, and to be assigned to, such unit or officer except as such powers, duties or other statutory provisions are modified by this act.

SECTION 80. The department of public welfare is hereby authorized and directed to conduct a study relative to the feasibility and fiscal advantages or disadvantages of establishing and developing a photo identification card system for recipients of benefits under any program administered by said department. Said study shall include, but not be limited to, an analysis of the effect such a system would have on the incidence of fraud within said programs particularly when compared with such photo identification systems in place in other states or cities, the comparative costs of establishing and maintaining completely within said department or contracting out said establishment and maintenance of such system to private vendors or other state departments, the waivers that may be necessary under federal laws and regulations and which recipients such as children who receive Aid to Families with Dependent Children benefits, might be required to participate in such photo identification system. Said department shall submit said report to the house and senate committees on ways and means no later than January thirty-first, nineteen hundred and ninety-three.

SECTION 81. The commissioner of Public Welfare is hereby directed to establish a toll-free hotline for use by any citizen of the commonwealth for the purpose of reporting any suspected incident of welfare abuse or fraud. The commissioner is further directed to establish a procedure for investigation of reported incidents.

SECTION 82. The commissioner of public welfare is hereby directed to devise and evaluate a plan for investing department funds, job training funds, and public and private grants into a welfare reinvestment project which would create permanent employment opportunities for recipients of public assistance. Said plan shall include a cost-benefit analysis identifying all projected costs of the project over a ten year period, a plan of action necessary to obtain federal waivers and to obtain private sector involvement, an investment analysis, a strategic funding plan, a proposed organizational structure and a start-up time table.

The commissioner shall report to the general court the results of said study by filing the same with the clerk of the house of representatives on or before December first, nineteen hundred and ninety-two.

SECTION 83. The department of public welfare is hereby directed to design and implement a voluntary work experience program including but not limited to a community service work program for certain recipients of aid to families with dependent children. The program shall include incentives for and methods of decreasing generational dependency on public assistance. The department shall consider the benefit of incentives such as the provision of a non-countable stipend as reimbursement to volunteers for work-related expenses, provided that part or all of said stipend may be provided by the organization benefitting from the services. The target population to be served by the program shall include but not be limited to long-term present recipients of public assistance who have been on the caseload more than five years.

The department shall submit a report, on the implementation of said plan, to the joint committee on human services and elderly affairs and the house and senate committees on ways and means no later than November first, nineteen hundred and ninety-two.

SECTION 84. The commissioner of the department of public welfare shall conduct a review of welfare reform plans which have been implemented in New Jersey, Wisconsin, New York, and other states. Such review will ascertain the flaws discovered in such programs, the costs associated with implementation and the savings and or projected savings from such reforms. The commissioner shall project the anticipated impact of implementing such plans or variations thereof in Massachusetts. The commissioner shall submit a summary of such review to the senate and house ways and means committees by January first, nineteen hundred and ninety-three.

SECTION 85. Notwithstanding the provisions of any general or special law to the contrary, benefits that have been terminated by the department of public welfare after timely notice shall not be reinstated until such time as an appeal has been decided in favor of the appellant.

SECTION 86. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare is hereby authorized to enter into leases for housing units for the purpose of providing temporary shelter for up to ninety days to recipients of emergency assistance.

SECTION 87. The department of public welfare is hereby authorized and directed to study the feasibility of developing clothing allowance voucher system. Said study shall include, but not be limited to, the pursuit of federal waivers that may be necessary to establish such a system and a determination of businesses that would accept clothing vouchers. A report detailing the findings and recommendations of said study shall be filed with the house and senate ways and means committees on or before January fifteenth, nineteen hundred and ninety-three. `tuc NONRESIDENT UNCOMPENSATED CARE STUDY

SECTION 88. The department of medical security is hereby authorized and directed to study the incidence of and costs incurred by the uncompensated care pool for uncompensated care provided to nonresidents of the commonwealth by Massachusetts acute hospitals. Said study shall establish for each such hospital, to the extent practicable using reasonably available data, the number of nonresident patients determined eligible for free care, and total free care charges and total uncompensated care payments attributable to such patients for the most recent fiscal years for which data is available. Said study shall establish a ranking of acute hospitals by the volume and percent of nonresident uncompensated care provided at such hospitals weighted by the ratio of total uncompensated care to total net patient service revenues at such hospitals. Said study shall further establish the extent of uncompensated care pool contributions made by nonresident insured and self-paying patients at each such hospital relative to nonresident patient demands on said pool at each such hospital. For purposes of this section, a nonresident shall be defined as an individual whose primary residence is not located in the commonwealth, excluding residents of foreign countries, and uncompensated care shall be defined according to the governing hospital finance statute in effect for each fiscal year under study, provided, that said study shall attempt to make comparisons between fiscal years as comparable as possible. Said study shall be forwarded to the committee on health care and the house and senate committees on ways and means not later than March first, nineteen hundred and ninety-three.

SECTION 89. The medical assistance program established pursuant to the provisions of chapter one hundred and eighteen E of the General Laws shall continue to reserve a nursing facility bed while a patient is temporarily absent from the facility for medical and nonmedical reasons as set forth in regulations codified in 106 CMR 456.020 through 106 CMR 456.023 and 106 CMR 456.511 through 106 CMR 456.516 in effect on January first, nineteen hundred and ninety-two. Nursing facility reimbursement for such medical and nonmedical leaves of absence shall not be more restrictive than those regulations in effect on January first, nineteen hundred and ninety-two.

SECTION 90. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare may make expenditures from any one of items 4402-4100, 4402-4200, 4402-4300 and 4402-4400 for any expenditure authorized by any one of such items from the effective date of this section until such time that the department completes the modification of accounting and claims processing systems which shall enable the department to reconcile the accounting for claims and payments processed by the medicaid management information system, or MMIS, so-called, with said items of appropriation as entered into the Massachusetts management, accounting and reporting system, or MMARS, so-called; provided that said MMIS modifications shall be implemented not later than January first, nineteen hundred and ninety-three and that said accounting reconciliation system shall be implemented not later than February first, nineteen hundred and ninety-three. Expenditures processed by MMIS in the first half of the fiscal year may be reconciled to said items of appropriation in MMARS in the aggregate prior to March first, nineteen hundred and ninety-three; provided that said accounting reconciliations for expenditures in the second half of the fiscal year shall occur not less than quarterly after said date. Nothing in this section shall be construed to confer any right to payment by medicaid providers nor any right to deny payment to said providers due to the absence of or the implementation of said accounting reconciliation system.

SECTION 91. Notwithstanding any provisions of general or special law to the contrary, the department of public welfare, with the cooperation of the rate setting commission, shall not approve any increase in existing medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs which must be incurred by efficiently and economically operated providers in order to provide services of adequate quality.

SECTION 92. Notwithstanding any provisions of general or special law to the contrary, the department of public welfare shall make no expenditures from items 4402-4100, 4402-4200, 4402-4300, 4402-4400, 4402-5200 which are not federally reimbursable; provided that administrative or other cost containment efforts which may or may not be eligible for federal reimbursement may be expended from said items; provided that the house and senate committees on ways and means are given prior notice of projected spending for each such effort, explanations of any spending increase over the previous fiscal year, and estimates of savings resulting from each such effort. Said department may allocate funds from said items to other agencies for the purposes of the medical care and assistance program after giving prior notice to the house and senate committees on ways and means. No expenditures or commitments made pursuant to said items or to any agreements authorized by chapter eight hundred of the acts of nineteen hundred and sixty-nine, as amended, for the purpose of complying with the provisions of Title XIX of the Social Security Act, shall be incurred in excess of available funds which have been appropriated therefor. The rate setting commission, the department of public health and the executive office of elder affairs are hereby authorized and directed to cooperate with the department in fulfilling its responsibilities related to the medicaid long term care program objectives and performance measures established by section two of this act.

SECTION 93. Notwithstanding any general or special or law to the contrary, federal reimbursements received by the department of public welfare for administration of the medical care and assistance program, including, but not limited to, the medicaid management information system, shall be deemed funds received on account of the commonwealth. Such monies in an amount not to exceed thirty-six million dollars in fiscal year nineteen hundred and ninety-three shall be credited on the books of the commonwealth in a separate fund to be known as the Medicaid Trust Fund which the comptroller shall establish pursuant to section seven of chapter seven A of the General Laws; provided, that the comptroller may promulgate regulations necessary to carry out the provisions of this section. Said trust fund shall be accounted for on the Massachusetts Management, Accounting, and Reporting System (MMARS). The monies deposited in said fund shall be available to the department according to a spending plan filed with the secretary of health and human services and the house committee on ways and means. Said spending plan shall provide for disbursements and expenditures for the operation, administration and maintenance of the medicaid program. Disbursements and expenditures from said fund shall not be subject to further appropriation.

SECTION 94. Section eighty-seven of chapter one hundred and fifty of the acts of nineteen hundred and ninety shall be ineffective and remain ineffective from year to year until the secretary of human services and congress have provided, under Title XVIII of the Social Security Act, for a prospective payment system of patient-centered rates which are related to resources used by patients in long term and rehabilitation hospitals.

SECTION 95. Notwithstanding the provisions of section three of chapter six B of the General Laws or any other general or special law to the contrary, no acute hospital shall deny access to care and services to recipients of the healthy start program established by section twenty-four D of chapter one hundred and eleven of the General Laws; provided, that such recipients shall be exempt from any collection action, pre-admissions deposit or any other form of billing or collection procedures arising from treatment by an acute care hospital provided under the healthy start program; provided further, that the healthy start card will constitute sole verification of application and eligibility for free care for inpatient hospital services.

SECTION 96. Notwithstanding any general or special law to the contrary, the commissioner of capital planning and operations shall permit currently operating providers to continue to occupy the present building at Lakeville hospital for the purpose of providing detoxification services to the public through fiscal year nineteen hundred and ninety-four; provided, however, that the commonwealth shall not be responsible for the provision or maintenance of a heating system or the payment of heating costs for the such providers during their occupancy of said hospital.

SECTION 97. The department of public health, in consultation with the medical assistance program of the department of public welfare is hereby directed to study the cost-effectiveness and safety of a unit dose medication system for long-term care facilities in the commonwealth. In carrying out such study, the department shall consider requiring drug manufacturers, distributors or wholesalers to reclaim and recycle pharmaceuticals that otherwise would be disposed of in a nursing home, revising dispensing requirements to permit pharmacists to more frequently dispense the dosage specified on a thirty day prescription form issued to or on behalf of a nursing home resident, consider other revisions in statutes, regulations or practices to eliminate the waste and disposal of drugs dispensed in long-term care facilities. The department shall file the results of its study no later than February twenty-eighth, nineteen hundred and ninety-three with the house and senate committees on ways and means.

SECTION 98. Notwithstanding the provisions of chapter one hundred and twenty-two of the General Laws and sections sixty-three, sixty-three A, sixty-four B through sixty-four M, inclusive, and sixty-nine E of chapter one hundred and eleven of the General Laws, or any other general or special law to the contrary, the commissioner of the department of public health, for the purpose of closing or consolidating public health hospitals, is hereby authorized to plan and direct the admission, discharge, or other assignment of patients at the several public health hospitals in accordance with the policies established by the department of public health; provided, that any actions taken by said commissioner pursuant to this paragraph shall be in accordance with a plan prepared by said commissioner and filed with the secretary of health and human services, the secretary for administration and finance, the house and senate committees on ways and means, and the joint committees on health care, and human services and elderly affairs; provided further, that said plan shall reflect the commonwealth's primary concern for the care of all said patients after closing or consolidation of any public health hospitals; and provided further, that said plan shall be prepared after consultation with the superintendent and trustees at the various institutions and in consideration of the recommendations of the governor's special commission on consolidation of health and human services institutional facilities.

SECTION 99. Notwithstanding the provisions of any general or special law to the contrary, the department of medical security, the department of public welfare and the rate setting commission are authorized and directed to take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid to hospitals, determined by the department of public welfare to be disproportionate share hospitals in accordance with Title XIX requirements, for free care costs of such hospitals. Said appropriate action may include, but shall not be limited to, the assessment on hospitals for its uncompensated care fee revenue or the collection of amounts from hospitals for its liability to the uncompensated care pool pursuant to chapter one hundred eighteen F of the General Laws. Said appropriate action shall include the establishment or renewal of an interagency agreement between the department of public welfare and the department of medical security which may authorize the department of public welfare to make deposits into and payments from an account established for the purposes of this section within the uncompensated care trust fund established by section seventeen of chapter one hundred and eighteen F of the General Laws, or authorize the department of medical security to transfer uncompensated care fee revenue collected from hospitals pursuant to chapter one hundred and eighteen F of the General Laws, or funds otherwise made available to said trust fund by the legislature, to the department of public welfare for purposes of making disproportionate share adjustment payments to hospitals qualifying for such payments in accordance with the commonwealth's Title XIX state plan and relevant provisions of Title XIX of the federal Social Security Act. The department of public welfare may expend amounts transferred to it from the uncompensated care trust fund by the department of medical security under said interagency agreement without further appropriation. In no event shall the amount of money assessed upon each hospital exceed the hospital's gross liability to the uncompensated care pool as determined by the department of medical security and the rate setting commission pursuant to section fifteen of chapter one hundred eighteen F of the General Laws and section eleven of chapter six B of the General Laws. Any federal funds obtained as a result of actions taken pursuant to this section shall be deposited in the General Fund. The offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures to facilitate the expeditious assessment, collection, and expenditure of funds pursuant to this section.

SECTION 100. The department of social services shall notify all persons interviewed during the course of an investigation of an individual or group that allegations made against said individuals or group were not substantiated, if that is the case.

SECTION 101. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of the department of social services is hereby authorized and directed to develop and implement a sliding fee for the provision of all out of home placement services, including foster care, funded by the department. Said fees shall be imposed regardless of whether the placement is voluntary or as a result of an order of a court of competent jurisdiction. Fees charged under said sliding schedule shall be based on the financial circumstances of the parent(s) of the child in placement, including but not limited to, income, assets, and liabilities. The department shall provide affected parents at least thirty days notice of an impending fee copayment charge before implementation of said sliding fee schedule. No such fees shall be charged to individuals and families whose incomes are at or below one hundred and fifty percent of the federal poverty level. The commissioner may authorize a waiver or an adjustment of said sliding fee copayment if the commissioner determines that the imposition of said fee would create a financial hardship due to recent disaster or extraordinary medical or other expenses. Said commissioner shall file a schedule of all fees, including an estimate of new revenues resulting therefrom, with the house and senate committees on ways and means no later than March fifteenth, nineteen hundred and ninety-three.

SECTION 102. The department of social services in conjunction with the department of revenue's, child support collection division, is hereby authorized and directed to study the feasibility of establishing an out-of-home placement sliding fee collection unit. Said study shall include but not be limited to, a cost-benefit analysis of creating a collection unit and projected revenues generated from said unit. A report of said study shall be filed with the house and senate ways and means committees on or before March fifteenth nineteen hundred and ninety-three.

SECTION 103. Notwithstanding any general or special law to the contrary, in fiscal year nineteen hundred and ninety-three, income eligible contracted child care slots for income eligible persons and clients of the department of public welfare who are eligible for child care pursuant to Title IV-A of the Social Security Act, shall be distributed with a priority given to day care agencies that are located in distressed cities and provide child care for linguistic minorities and children in family preservation, supportive child care slots.

SECTION 104. Notwithstanding the provisions of chapter nineteen of the General Laws, or any other general or special law to the contrary, the commissioner of the department of mental health, for the purpose of closing or consolidating mental health facilities, is hereby authorized to plan and direct the admission, discharge, or other assignment of patients at the several mental health facilities in accordance with the policies established by the department of mental health; provided, that any actions taken by said commissioner pursuant to this paragraph shall be in accordance with a plan prepared by said commissioner and filed with the secretary of human services, the secretary of administration and finance, the house and senate committees on ways and means, and the joint committees on health care, and human services and elder affairs; provided, further, that said plan shall reflect the commonwealth's primary concern for the welfare of all patients affected, and shall provide for the care of all said patients after the closing or consolidation of any mental health facilities; provided, further, that said plan shall be prepared after consultation with the superintendent and trustees at the various institutions and in consideration of the recommendations of the governor's special commission on consolidation of health and human services institutional facilities.

SECTION 105. In the fiscal year beginning July first, nineteen hundred and ninety-three a value not less than sixty percent of the revenues credited to the highway fund pursuant to subsection (a) of section thirteen of chapter sixty-four A of the General Laws shall be committed solely for the purposes contained in paragraphs (2)(a), (2)(b) and (2)(c) of section thirty-four of chapter ninety of the General Laws, exclusive of any expenditures for the central artery/third harbor tunnel project, so called. In the fiscal year beginning July first, nineteen hundred and ninety-four, and for all subsequent fiscal years, the percentage of revenues so credited pursuant to subsection (a) of section thirteen and subject to encumberances as described in the first sentence of this section shall be an amount not less than seventy percent. If in any fiscal year the requirements of the first two sentences of this section are not met, sections thirty-six and thirty-seven of chapter one hundred twenty-one the acts of nineteen hundred and ninety shall become null and void, effective the first day of January in the year immediately following the end of the fiscal year in which the requirements of this section are not met.

SECTION 106. It is hereby found: that repair and construction of state highways and bridges is necessary to protect the safety and convenience of the citizens of the commonwealth; that such a repair and construction program is a vital component for the economic well-being of the commonwealth; that such repair and construction program has been delayed because of issues relative to the bonding capacity of the commonwealth; that such delays threaten to vitiate the current construction season; that such delay is not in the best interest of the citizens of the commonwealth; and that a surplus will exist in the Highway Fund at the end of fiscal year nineteen hundred and ninety-two. Therefore, it is hereby declared: that the General Court intends to appropriate not less than seventy-five million dollars from operating monies in the Highway Fund in the final deficiency appropriation act for fiscal year nineteen hundred and ninety-two for a program of state highway and bridge repair within the executive office of transportation and construction; that such appropriation shall be in addition to state highway and bridge capital authorizations for fiscal years nineteen hundred and ninety-two and nineteen hundred and ninety-three; that such appropriation shall not expire until June thirtieth, nineteen hundred and ninety-three; that such amounts shall be allocated so that the regions of the commonwealth receive no less than the following: fourteen million, sixty-two thousand, five hundred dollars for the counties of Berkshire, Hampden, Hampshire, and Franklin, fourteen million, sixty-two thousand, five hundred dollars for the counties of Norfolk and Worcester, fourteen million, sixty-two thousand, five hundred dollars for the counties of Essex and Middlesex, fourteen million, sixty-two thousand, five hundred dollars for the counties of Barnstable, Bristol, Dukes, Nantucket, and Plymouth, eleven million, nine hundred thirty-two thousand dollars for the county of Suffolk, and six million, eight hundred eighteen thousand dollars for the metropolitan district commission for construction projects on commission roadways and bridges in Suffolk county; and that such monies shall be committed to projects on or before August fifteenth, nineteen hundred and ninety-two.

SECTION 107. Notwithstanding the provisions of section sixty A of chapter twenty-nine A of the General Laws or any other general or special law to the contrary, the secretaries of the executive office for administration and finance and transportation and construction shall direct the department of highways to make available to cities and towns thirty million dollars of unobligated funds authorized for town and country roadway construction and reconstruction pursuant to subparagraph (c) of section three of chapter thirty-three of the acts of nineteen hundred and ninety-one, on or before August fifteenth, nineteen hundred and ninety-two; provided, that as required by said paragraph (c) of section three of chapter thirty-three, these funds shall be reimbursed to the cities and towns within thirty days of receipt of certified bills from said cities and towns; provided, further, that interest shall be awarded to the cities and towns at an amount calculated at twelve percent per annum for reimbursements not paid within thirty days.

SECTION 108. Notwithstanding the provisions of section one of chapter twenty-nine of the General Laws and of section one of chapter twenty-nine B of the General Laws to the contrary, the consolidated net surplus in the operating funds shall not include any amounts in the Highway Fund.

SECTION 109. Notwithstanding the provisions of any general or special law to the contrary, revenue credited to the Highway Fund shall not be transferred to any other fund of the commonwealth for any purpose.

SECTION 110. The secretary of transportation and construction shall, within one year from the effective date of this act, prepare a comprehensive state transportation plan for the fiscal years from nineteen hundred and ninety-three through nineteen hundred and ninety-seven. Said plan shall be designed to improve the quality of life in the commonwealth by promoting economic development and employment in the commonwealth by meeting cost effectively the diverse transportation needs of all residents of the commonwealth, including urban, suburban, and rural populations and especially elderly, disabled and transit-depended persons, while minimizing the harmful effects of transportation systems on public health and the environment and promoting public safety. Said plan's development process shall consider all transportation options on an integrated basis, including highway, road, transit, rail, air and water transportation, and shall be consistent and fully integrated with transportation planning activities required under the federal Clean Air Act. Said plan shall also include an engineering assessment to anticipate highway, road and bridge needs throughout the commonwealth which prioritizes projects based on need as determined by objective engineering measurements of condition, safety and service. The executive offices of environmental affairs and economic affairs shall be consulted in the development of said plan. Said plan shall be updated every three years.

SECTION 111. The secretary of transportation and construction is hereby authorized to establish a Beverly-Salem Bridge Coordinating committee to oversee the Beverly-Salem Bridge Project as it affects the neighborhoods of the city of Beverly and the city of Salem.

The committee established herein shall consist of the Mayor, or a designee, of the cities of Beverly and Salem; the State Representative, or a designee, of the cities of Beverly and Salem; and the Director of Public Works, or a designee, of the cities of Beverly and Salem.

Said committee shall sit through the entire project period. It shall meet monthly without compensation. Said monthly meetings shall be open to the public.

Said committee shall consider, but not be limited to, the following:

(1) progress reports regarding project permits;

(2) effective and efficient noise and air pollution control measures;

(3) continued easy access into and out of the affected neighborhoods by both pedestrians and vehicles:

(4) questions concerning access to the waterfront for commercial fishermen;

(5) the hours during which work can be performed to complete the project;

(6) appropriate routes for heavy equipment vehicles and other vehicles removing excavated material from the project site and any vehicle related to the project;

(7) traffic alternatives in reaction to problems stemming from the project.

SECTION 112. Notwithstanding any general or special law to the contrary, the commissioner of education shall designate those public schools in school districts eligible for equal educational opportunity grants, as determined by chapter seventy A of the General Laws, that are "most at risk" schools, as determined pursuant to guidelines promulgated by said commissioner, which guidelines shall include student body performance on the statewide basic skills and assessment tests, and other such school performance factors as the commissioner deems appropriate. The commissioner shall require all school districts that are eligible for equal educational opportunity grants and that contain one or more "most at risk" schools to: (1) give priority regarding the distribution of equal educational opportunity grants for a fiscal year, as that term is defined in section two of said chapter seventy A, to the "most at risk" schools within the school district; and (2) develop a plan, to be approved by the commissioner, for each "most at risk" school within the school district, outlining the specific uses of equal educational opportunity grants that will improve the learning and performance of students within these "most at risk" schools.

SECTION 113. There shall be established within the department of procurement and general services a division of purchased services. The division shall have primary responsibility for the implementation and coordination of an efficient and accountable system of procurement, selection, pricing, contract administration, program monitoring and evaluation, contract compliance and post audit for any department, agency, board or commission of the commonwealth which procures or pays for social service programs from providers.

For the purposes of this section, the term "social service program" shall mean any social, special educational, mental health, mental retardation, habilitative, rehabilitative, vocational, employment and training, or elder services program or accommodations, purchased by a governmental unit, including any program provided pursuant to chapter seventy-one B, but excluding any program or service which is reimbursable under Title XIX of the Social Security Act. The term "governmental unit" shall mean the commonwealth and any school district or other political subdivision of the commonwealth.

The division shall be headed by an assistant commissioner, who shall be appointed by and serve at the pleasure of the secretary of administration and finance, and who shall have administrative responsibility for said division. The position shall be classified in accordance with section forty-five of chapter thirty, and the salary therefor shall be determined in accordance with section forty-six C of chapter thirty.

The division shall be comprised of such bureaus as may be necessary to carry out the mission of the division, which may include, but not be limited to: an audit bureau, a bureau of data base management and a bureau of program pricing, which may be comprised of a unit for special education program pricing and a unit for other social service programs. The assistant commissioner shall report annually to the house and senate committee on ways and means on the activities and operations of the division, including any recommendations for legislation. Said report shall also summarize any findings, opinions and recommendations of the social service policy advisory board established pursuant to this section.

There shall be a social service policy advisory board consisting of the secretary of health and human services or his designee, the secretary of elder affairs or his designee, the commissioner of education or his designee, a representative of the Massachusetts association of school committees who shall be selected by that organization, a representative of the associated industries of Massachusetts who shall be selected by that organization, a representative of the Massachusetts association of approved private schools who shall be selected by that organization, and twelve members to be appointed by the governor, one of whom shall be a representative of a provider contracting with one or more agencies within the executive office of health and human services, one of whom shall be a representative of a provider contracting with the executive office of elder affairs, one of whom shall be a consumer of services provided by one or more agencies within the executive office of health and human services, one of whom shall be a consumer of services provided by an agency contracting with the executive office of elder affairs, one of whom shall be a representative of the Massachusetts superintendents of schools association or a special education administrator for a city or town of the commonwealth, and one of whom shall be a parent of a child with special education needs. Each appointed member of said board shall be appointed for a term of three years and may be reappointed; provided, that among the initial appointed members, four shall be appointed for a term of one year, four shall be appointed for a term of two years, and four shall be appointed for a term of three years. The chairperson of said board shall be selected by the governor and shall serve in this function for a term of not more than one year.

Said board shall meet quarterly and shall make recommendations to the assistant commissioner on matters of policy of the division. Except in the case of emergency regulations, at least thirty days before the promulgation of any proposed regulation, the assistant commissioner shall provide a copy thereof, together with an explanatory statement, to said board. The assistant commissioner shall give due consideration to comments on such proposed regulation submitted by said board or any members thereof.

The division shall have the responsibility for prescribing the methods to be used in determining the prices to be reimbursed to providers of social service programs by governmental units. The methods prescribed by the division in determining prices shall incorporate cost containment standards and shall be fair to both governmental units and providers. All governmental units shall pay the prices developed in accordance with the methods prescribed by the division.

The prices determined by the division of purchased services, or pursuant to its methods, for programs pursuant to chapter seventy-one B shall be set annually by the first Wednesday in February for the next fiscal year. If said division fails to determine said final annual prices on or before the first Wednesday in February, said prices in effect shall continue to be in effect for the next fiscal year. Program prices for programs approved under chapter seventy-one B which are located outside of the commonwealth may be adjusted prospectively to account for rate or price adjustments authorized by the host state's rate setting body. In addition, program prices may be adjusted prospectively to account for unanticipated emergencies beyond the reasonable control of the provider, or to reflect costs attributable to extraordinary changes in volume, or to account for compliance with federal or state statutory or local regulatory requirements as determined by the division and pursuant to standards developed by the division. No such price may be adjusted retroactive to its effective date except to account for the results of administrative reviews, if any, as provided in the regulations of the division. Nothing herein shall preclude the division from setting a price for a new program established for the first time under said chapter seventy-one B, or individual or sole source prices as provided in the regulations of the division after the first Wednesday in February of any fiscal year.

The division shall submit an estimated rate of inflation for social service programs to the secretary of administration and finance annually by December first for consideration in the preparation of the governor's annual budget recommendation.

Any provider or governmental unit aggrieved by the division's action or failure to act with respect to the determination of a price pursuant to the division's pricing methods, and desiring a review thereof, may file, pursuant to regulations promulgated by the division, an appeal with the division of administrative law appeals in accordance with the section four H of chapter seven. The question on appeal of the decision of the division of purchased services shall be whether said division, in taking the action challenged by the aggrieved party, has properly applied its regulations. This paragraph shall not be construed to confer a right upon any aggrieved party to challenge, in a proceeding before the division of administrative law appeals, the procedural or substantive validity of any regulation of general applicability promulgated by the division of purchased services. Any such challenges shall be brought exclusively in the superior courts of the commonwealth in accordance with the provisions of chapter thirty A.

The division shall establish guidelines and standards, consistent with generally accepted governmental auditing standards, for independent financial and performance audits of providers of social service programs and governmental units purchasing programs. The division shall coordinate or conduct audits of providers as needed to monitor compliance with applicable fiscal policies. The division shall develop and administer a uniform system of financial accounting, allocation, reporting and auditing of providers which conforms to generally accepted governmental auditing standards. The division may conduct quality assurance reviews of provider financial statements and their auditors' reports and work papers. The disclosure of client records by providers to auditors, including independent auditors as defined by Federal Office of Management and Budget Circular A-133, as amended, as necessary to comply with state and federal audit requirements shall not constitute an invasion of privacy, or otherwise be grounds for civil or criminal penalty.

The assistant commissioner may, in accordance with chapter thirty A, and after notice to the social service policy advisory board, promulgate rules and regulations required to develop, implement, administer and monitor the programs and functions of the division. Said regulations shall provide for right of appeal, to the division or appropriate other bodies, for any procuring governmental unit or provider aggrieved by any action or failure to act under color of this section or said regulations.

All proposed regulations of the office for children and the department of education, and any other licensing or certification standards proposed by any department procuring social service programs, shall be forwarded to the division of purchased services with a statement describing the anticipated financial impact of the regulations fourteen days prior to publication of the notice of rule making required under chapter thirty A.

SECTION 114. Notwithstanding any general or special law to the contrary, the commissioner of the department of education is hereby authorized and directed to establish, by regulation, a minimal financial review standard for chapter 766 private schools approved by the department pursuant to 603 CMR 18. The standard shall be based on the average statewide cost of educating a student in such schools and shall apply to the approval of such schools and pricing determinations for rate years nineteen hundred and ninety-four and nineteen hundred and ninety-five. The commissioner may establish a separate standard for day programs administered by said schools. By the third Wednesday of October each year, the commissioner shall make a finding that ranks the average per pupil cost of each approved school with respect to the standard. Any school whose average per pupil cost exceeds the standard by more than ten percent shall be directed by the commissioner to submit a corrective plan to the department and the division of purchased services within 45 days of the issuance of said finding. The corrective plan shall identify measures that will be undertaken by the school to meet the standard in the subsequent rate year. Any school unable to comply with the standard as a result of declining enrollment shall have department approval withdrawn. Any school unable to comply with the standard as the result of interventions or actions of the department, including but not limited to non-compliance orders, shall have the opportunity to propose measures that would reduce such costs by waiving or modifying the department's requirements, in which case, the department shall evaluate the reasonableness and cost-effectiveness of its actions and interventions and grant cost-effective relief. Determinations of cost-effectiveness shall be based on the value of the educational benefit to an individual student of such actions and interventions relative to the total operating costs of the school and its ranking against the standard. Any school unable to comply with the standard for any other reason shall be evaluated with respect to extraordinary costs associated with educating the particular mix of students at the school, in which case, the commissioner may continue to approve the school upon the issuance of a written finding that such costs are warranted and unavoidable with respect to such students. The commissioner shall promptly notify the division of purchased services of any findings that require corrective action, and the division shall make any adjustments necessary to prices set for each school.

SECTION 115. The secretary of education is directed to establish a pilot program with the aim of increasing the school attendance of minors who receive public assistance or who receive the benefits of public assistance under the provisions of chapter one hundred and seventeen A or chapter one hundred and eighteen of the General Laws.

Said pilot program shall be limited to students who are enrolled but are not regularly attending the primary or secondary level of education. For the purposes of this section, regular attendance shall be defined as having not more than six unexcused absences in a two month period. Priority shall be given to siting said pilot program in areas of high concentration of AFDC recipients, with a preference given to the City of Springfield or the western portion of the commonwealth.

The commissioner of public welfare is hereby directed to cooperate with the secretary of education in the promotion of said pilot program and shall establish eligibility criteria for the operation of said program in the pilot schools. Said criteria shall emphasize the value of an education for students who are from families at an economic disadvantage. In addition, the department of public welfare shall provide that public assistance recipients between the ages of eighteen and twenty-one who are currently enrolled in a high school equivalency program or who are in the process of completing high school participate in at least one classroom discussion with students identified under said pilot program.

The department of public welfare and the secretary of education shall jointly issue a report on the implementation of said pilot program no later than February twenty-eighth, nineteen hundred and ninety-three to the clerks of the house of representatives and the senate, which should be forwarded to the house and senate committees on ways and means.

SECTION 116. Notwithstanding the provisions of any general or special law to the contrary, in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority, the University of Lowell Building Authority, the University of Massachusetts Building Authority and the Southeastern Massachusetts University Building Authority and in order to meet the estimated cost of heat, light, power and other services to be furnished by the commonwealth to projects of the Massachusetts State College Building Authority and the University of Lowell Building Authority, the boards of trustees of state colleges and universities shall transfer to the General Fund from the funds received from the operation of said projects such costs as will be incurred for the aforesaid purposes in the current fiscal year, as determined by the appropriate building authority, verified by the chancellor of higher education, and approved by the secretary for administration and finance and the house committee on ways and means.

SECTION 117. Notwithstanding the provisions of any general or special law to the contrary, the commonwealth's financial obligation, in fiscal year nineteen hundred and ninety-three, for tuition waivers granted pursuant to section nineteen of Chapter fifteen A of the General Laws shall not exceed nine million eight hundred seventy-six thousand one hundred and eighty-six dollars; provided, that nothing in this section shall limit the dollar amount of waivers granted pursuant to special legislative authorization, including but not limited to clause (ii) of said section nineteen.

SECTION 118. The Higher Education Coordinating Council is hereby authorized and directed to report annually on the amounts and varieties of tuition waivers granted to students enrolled at any institution within the public system of higher education. Said report shall identify categories of tuition waivers, their authorization, whether statutory or regulatory, bargained for or otherwise, the number of students taking advantage of said waivers, and the total financial worth of said waivers. The report shall also include information regarding how the current waiver guidelines affect tuition collection and retention and the impact on individual institutional waiver policies that may differ from the general waiver guidelines mandated by section nineteen of chapter fifteen A of the General Laws, as most recently amended. Said report shall be filed with the house and senate committees on ways and means no later than October first, nineteen hundred and ninety-two.

SECTION 119. Notwithstanding any general or special law to the contrary, monies received by the board of trustees from application fees and tuition charges imposed pursuant to the tuition plan established by the higher education coordinating council, excluding those fees and charges received on account of summer or evening sessions, shall be deemed funds received on account of the commonwealth. Such monies shall be credited on the books of the commonwealth in a separate fund to be known as the Tuition Retention Fund which the state comptroller shall establish pursuant to section seven of chapter seven A of the General Laws; provided, that the comptroller may promulgate regulations necessary to carry out the provisions of this section. Said fund shall be accounted for on the Massachusetts Management, Accounting, and Reporting System. The University shall have no less than five accounts within the tuition retention fund, including but not limited to the University of Massachusetts at Amherst, the University of Massachusetts at Boston, the University of Massachusetts at Dartmouth, the University of Massachusetts at Lowell and the University of Massachusetts Medical Center at Worcester. The monies deposited in said fund shall be made available to the institution from which the monies originated. The first four percent of the monies collected in each account may be held in a sub-fund to be known as the Infrastructure and Capital Investment Fund. Monies from the sub-fund shall be made available to the institutions from which the institutions originated for the purposes of repair and maintenance of existing facilities, with priority to health and safety issues, and for the purposes of purchasing equipment and computer systems, with priority given to purchases of equipment for the purposes of training programs. The institutions may contract with public entities for the purposes of financing projects and purchases; provided, that all plans for construction and purchase be approved by the higher education coordinating council and plans submitted to the division of capital planning and operations. The remainder of the tuition retention fund may be disbursed at the direction of the institution from which the monies in the account originated in accordance with the annual spending plan prepared by the board of trustees of each public institution of higher education and approved by the council; provided, that any balances in these accounts at the close of the fiscal year shall be available for expenditure in the subsequent fiscal year, and shall not revert to the General Fund. Each such spending plan shall provide for disbursements and expenditures for the operation, administration, and maintenance of said institution, including a plan for the operation and maintenance of the office of the president; provided that such expenditures may include salaries for personnel up to a maximum established in the council's guidelines; provided further, that said funds, all collections of said funds, and all expenditures of said funds shall be subject to guidelines prepared by the council and subject to audit by the secretary of education.

SECTION 120. Notwithstanding the provisions of any general or special law to the contrary, any tuitions collected by state institutions of higher education, including state colleges and community colleges shall be deposited into the general fund; provided, that University of Massachusetts may, as authorized by the provisions of section XXX of this act, deposit tuitions collected into the tuition retention fund established by said section.

SECTION 121. Notwithstanding the provisions of any general or special law to the contrary, for the fiscal year ending on June thirtieth, nineteen hundred and ninety-three, no institution of public higher education shall be required to pay to the commonwealth the costs of fringe benefits of any employee whose salary is paid exclusively out of the Tuition Retention Fund as established by this act; provided, however, that the provisions of this section shall not change in any way the obligation any institution of public higher education may have to pay the fringe benefit costs of employees whose salary is not paid exclusively out of said Tuition Retention Fund.

SECTION 122. Notwithstanding the provisions of any general or special law to the contrary, there shall be a program, administered by the higher education coordinating council, to provide no interest loans to undergraduate students domiciled in the commonwealth, enrolled in and pursuing a program of higher education in the commonwealth in any approved public or independent college, scientific or technical institution, or any other approved institution furnishing a program of higher education. Such assistance shall consist of full or partial loans to students in need of assistance. Repayment shall commence within six months of graduation or termination of studies; provided, that no repayment schedule shall exceed a term of ten years. The Massachusetts state scholarship office shall establish guidelines to govern said program which shall include, but not be limited to, eligibility requirements for students, eligibility requirements for participating institutions, terms of repayment, deferment options, provisions for default, and a maximum and minimum loan award as determined by an indexing system. Said office shall also provide the estimated costs of operating said program and a schedule of estimated revenue to be generated by application fees and loan repayment. Said office is further authorized and directed to generate revenues from the collection of nominal application fees to defray the additional costs of administering said program. Said office shall annually submit guidelines, cost estimates, and revenue schedules to the clerk of the house of representatives, the house and senate committees on ways and means and the joint committee on education, arts and humanities no later than October first.

SECTION 123. Notwithstanding any general or special law to the contrary, the Massachusetts state scholarship office is hereby authorized and directed to develop, no later than August first nineteen hundred and ninety-two, a needs based scholarship program for Massachusetts residents enrolled in undergraduate programs at public institutions of higher education in the commonwealth; provided, however, that for fiscal year nineteen hundred and ninety-three, the total amount of scholarships offered by said office under this program shall not exceed ten million dollars. Said assistance shall consist of full or partial scholarships awarded to worthy and qualified students in need of financial assistance. Said office shall establish guidelines to govern said program which shall include but not be limited to, eligibility requirements for students, eligibility requirements for participating institutions and a maximum and minimum grant amount as determined by the indexing system which shall be included in the guidelines established by the office to govern this program. Said guidelines shall be filed with house and senate committees on ways and means and the joint committee on education, arts and humanities no later than August first, nineteen hundred and ninety-two.

SECTION 124. Notwithstanding any general or special law to the contrary, the department of education in coordination with other state agencies shall develop a comprehensive system, subject to appropriation, for the delivery of adult basic education and literacy services that will ensure opportunities leading to universal basic adult literacy and better employment opportunities. Said system shall be designed to strengthen, enhance, and where needed, to create intensive community based literacy programs for AFDC recipients and other unemployed and marginally employed adults who need a foundation of basic skills to qualify for further education, job training and employment. These trainees shall include parents of young children who need strong basic skills to move their families out of poverty and raise the educational aspirations of their children.

Said systems shall also include instruction for immigrants, migrants, and refugees who need English language and literacy skills to function effectively at home and in the workplace. Instruction to the aforesaid populations will emphasize instruction at the lowest grade levels.

Said system shall further include instruction for young persons, aged sixteen through twenty-four, who have dropped out of school without sufficient skills to qualify for employment. Instruction shall be designed with emphasis on linking education with vocational training and supported work.

In order to accomplish the goals developed by the department and to strengthen the capacity of the current adult literacy network, the department of education shall distribute grants, subject to appropriation, to provide comprehensive literacy services, including support services, in the context of adults daily lives in their communities, including, but not limited to, public housing, schools, the work place, correctional institutions, community-based organizations, community colleges, libraries, and in social and cultural organizations.

The department shall endeavor to develop the following objectives: (1) a full continuum of services that take an adult from the lowest level of literacy or English language proficiency through high school completion leading to advanced education and training; (2) a network of self-trained, full-time adult literacy and English as a second language professional instructors, qualified to provide high quality effective services; (3) a strong documentation and evaluation capacity that will enable the state to determine what methods of instruction and what means of service delivery are most effective in educating adults; and (4) and coordinated accountability mechanisms that simplify existing reporting and refunding processes.

The department shall convene a working committee to devise and recommend more adequate and appropriate funding mechanisms. The working committee will include one representative each of the Departments of Education, Public Welfare, Employment and Training, the Education and Human Services Secretaries, the Governor or Lieutenant Governor, two members from the Education and Ways and Means Committees selected by the Senate President and Speaker of the House, and not less than five representatives drawn from a diverse cross section of the adult basic education providers and advocacy groups. The working committee shall report its findings and recommend appropriate legislation not later than October fifteenth nineteen hundred and ninety-two.

SECTION 125. Notwithstanding the provisions of any general or special law to the contrary, the real and personal property of any person who borrows funds from any department or agency of the commonwealth including the Massachusetts Educational Financing Authority, for the purpose of a student loan shall be subject to a lien in favor of the commonwealth, in accordance with the procedures prescribed by law if said borrower defaults on his obligation to repay said loan. The Higher Education Coordinating Council, the Massachusetts Educational Financing Authority and the Department of Revenue shall develop a plan for the uniform enforcement of this section. Said plan along with any recommendations for legislation necessary for the implementation of said plan shall be filed with the house and senate committees on ways and means no later than October first, nineteen hundred and ninety-two.

SECTION 126. Notwithstanding the provisions of any general or special law to the contrary, the public institutions of higher education shall report by subsidiary all expenditures from non-appropriated funds on the Massachusetts Management Accounting and Reporting System, so-called, beginning July first, nineteen hundred and ninety-two; provided, that the comptroller shall limit the distribution of state appropriated funds to public institutions of higher education not in compliance with this section to one-twelfth of the appropriation provided for in section two of this act. The comptroller shall report to the house and senate committees on ways and means, no later than July twenty-first nineteen hundred and ninety-two, the list of public institutions of higher education who are not in compliance with this section.

SECTION 127. Notwithstanding the provisions of any general or special law to the contrary, the public institutions of higher education are hereby authorized and directed to report all personnel information for those employees compensated from any budgetary, federal, or non-appropriated fund through the Personnel Administrative Reporting and Information System, so-called, no later than September first, nineteen hundred and ninety-two. The comptroller shall report to the house and senate committees on ways and means, no later than September twenty-first, nineteen hundred and ninety-two, the list of public institutions of higher education who are not in compliance with this section.

SECTION 128. The trustees of the University of Massachusetts shall conduct a study of the feasibility, costs and benefits of establishing a program, separate from the program of group insurance provided for commonwealth employees under chapter thirty-two A of the General Laws, of group general or blanket hospital, surgical, medical, dental and other health insurance for all employees of the University or of any campus thereof. Said study shall examine, among other alternatives, the feasibility of establishing a self-insured program for active employees as well as retirees. Said study shall examine the costs and benefits to the university as well as to the program of group insurance provided pursuant to chapter thirty-two A of the General Laws. Copies of such study shall be filed, along with any accompanying legislation, with the governor, the secretary of administration and finance, the budget director, the group insurance commission, and the house and senate committees on ways and means, by the first Wednesday in December of nineteen hundred and ninety-two.

SECTION 129. The secretary for administration and finance is hereby authorized and directed to study the impact of the creation of an alternative optional retirement program for administrators and faculty of the public higher education system in the commonwealth. Said study shall be conducted in consultation with the higher education coordinating council, the trustees of the university of Massachusetts, the division of public employee retirement administration, and the state retirement board. The study shall consider the creation of an alternative optional retirement program with pension portability and that is contribution defined. The study shall also consider the impact of such program on the higher education system, the impact on the public employee retirement system, particularly on its unfunded liability, and the cost to the commonwealth. Said secretary shall report the findings of its study, along with suggested legislation, if any, to the joint committee on public service and the house and senate committees on ways and means no later than March first, nineteen hundred and ninety-three.

SECTION 130. The higher education coordinating council is hereby authorized and directed to prepare, in consultation with each executive office and all appropriate departments, authorities, and agencies funded in any part by the commonwealth, a report of the anticipated research, consulting, and training agenda of said state offices, departments, authorities, and agencies. Said report shall list and summarize the areas of research, training, and consulting for which said state offices, departments, authorities, and agencies anticipate or intend to solicit bids or proposals during the course of the next five years.

Said report shall be completed within ninety days after the effective date of this act and shall from time to time be amended or revised as appropriate. Said report shall be distributed to each appropriate public institution of higher education. A copy of said report shall be filed with the clerks of the house of representatives and the senate.

SECTION 131. Each executive office of the commonwealth and, as appropriate, all departments, authorities, and agencies funded in any part by the commonwealth shall solicit bids or proposals for research, consulting, training, and other such projects and contracts as follows:

(a) the first solicitation of said bids or proposals shall be made to all appropriate public institutions of higher education, including the board of regents of higher education;

(b) a bid or proposal offered by a public institution of higher education in response to a solicitation shall be rejected only in the event that said bid or proposal does not meet the requirements of the request for said bid or proposal, or in the event that said bid or proposal significantly exceeds the reasonably anticipated expenses of completing all work as requested through said bid or proposal;

(c) in the event that a bid or proposal is rejected pursuant to clause (b), or in the event that no public institution of higher education is able to submit a bid or proposal as requested, a state office, department, authority, or agency may again solicit said bid or proposal, without revision, from other public and private institutions. Any public institution of higher education may offer bids or proposals in response to any solicitation pursuant to this clause.

SECTION 132. The University of Massachusetts is hereby authorized and directed to conduct a study of former foster children in order to provide an understanding of the impact of the foster care system upon the lives of said children. Said study shall include but not be limited to data on the number of foster homes in which a child is placed, the experiences of said child in such foster homes, the impact of such system upon the child's employment and family life and all other information which it deems relevant to a better understanding of the system. The department of social services shall cooperate with the University of Massachusetts to develop a method by which said university is able to communicate with a sufficient number of former foster children to provide an accurate report. The University of Massachusetts shall report to the general court the results of its study and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerk of the house of representatives and the senate on or before the last Wednesday in June, nineteen hundred and ninety-three.

SECTION 133. The board of trustees of the University of Massachusetts, in conjunction with the state health education center at the University of Massachusetts medical center, shall develop and implement provisions for payback in learning contracts entered into by students admitted for the academic year commencing in nineteen hundred and ninety-one and for every year thereafter, which shall require payback service, so-called, of at least two years within the commonwealth in areas of primary care; public or community service; or underserved areas as determined by the commissioner of the department of public health and the learning contract committee in coordination with the area health education center and state and regional health planning agencies. In the case of any student who has entered into a learning contract and who does not perform payback service, the difference between the tuition paid and the amount of the tuition charged shall be required to be repaid together with eight percent interest per annum; provided, however, that no payback service or tuition loan repayment shall be required prior to the termination of any internship and residency requirements; provided, further, that interest shall begin to accrue upon completion of any internship requirement. The dean shall provide, on an annual basis, a report outlining the number of students participating in said learning contracts, the area of medicine within which payback will be performed, and the number of students utilizing the repayment option. The report will further outline the effects of payback in the underserved areas of the commonwealth. Said report shall be submitted to the house and senate committees on ways and means by September first, nineteen hundred and ninety-two.

SECTION 134. Notwithstanding any general or special law to the contrary the remote entry processing system of the registry of motor vehicles or any other plan to shift registry of motor vehicles' data processing or fee collection responsibilities to any private entity shall not be implemented until such time as a cost study comparing the costs of the REPS with other means of registering motor vehicles in the commonwealth has been presented to and approved by the house and senate committees on ways and means.

The criteria for such a cost study shall be determined by the chairs of the committees on post audit and oversight, the joint committee on insurance and the joint committee on public safety.

SECTION 135. The registrar of motor vehicles is hereby directed to tabulate and analyze all accident reports submitted to said registrar in a given year, and publish statistical information based thereon as to the number and location of traffic accidents, as well as detailed information relating to the causes of traffic accidents. Together with the commissioner of public works, said registrar shall conduct a periodic review of said accident reporting data, to determine if the accident report forms or any parts thereof are obsolete, for the purposes of gathering reliable statistical information on the causes of accidents. Said registrar and said commissioner shall make changes as they deem necessary as a result of such periodic reviews; provided, however, that the standard accident report form shall be updated to include categories to describe the alignment of the roadway, such as straight-level, curve-level, hill crest-curve, dip-straight, dip-curve or other, and a blank allowing further description of roadway alignment or defects.

SECTION 136. The executive office of public safety is hereby authorized and directed to make an investigation and study relative to the feasibility, including a needs assessment, of the establishment of a program of assistance to cities, towns, and districts for the improvement, replacement, renovation, and expansion of public safety, police or fire facilities, including but not limited to, compliance with the federal Americans with Disabilities Act (Public Law 101-496, amended). Said executive office shall report its findings, together with any recommendations for legislation, to the clerk of the house of representatives and the clerk of the senate no later than June thirtieth, nineteen hundred and ninety-three.

SECTION 137. Notwithstanding any general or special law, rule or regulation to the contrary, there shall be established the Urban Initiative Fund, a loan and grant program for inner-city neighborhoods, for the purposes of education, job training, business development, health care, day care, youth activities, including athletic and recreation programs, violence and crime prevention, and housing; provided, that grants shall be made to non-profit organizations which are located in the targeted communities and which also serve the target communities; provided further, that grant amounts are not to exceed one hundred thousand dollars; provided, further, that loans shall be made to non-profit organizations, to newly organized and start-up profit-motivated businesses, and to existing business which do not generate more than five hundred thousand dollars in yearly gross receipts; provided, further, that said organizations and businesses must be located in the targeted communities and must be owned and controlled by minority group members; provided, further, that loan amounts are not to exceed two hundred thousand dollars; provided further, that at least one million dollars in grants and loans shall be allocated for the city of Springfield; provided, further, that to the greatest extent possible, funds used as grants or loans should be used to leverage other available funds; provided, further, that notwithstanding the provisions of sections four and four A of chapter forty F of the General Laws to the contrary, the community development finance corporation is hereby authorized and directed to administer said urban initiative fund for the purposes of said program; provided, further, that notwithstanding any general or special law to the contrary, prior to receipt of loans or grants under said program, the corporate officers of any such organization or business or the sole proprietor, as the case may be, shall file a statement of financial interest with the state ethics commission, consistent with the public disclosure requirements of certain individuals pursuant to section five of chapter two hundred sixty-eight B of the General Laws; provided, further, that an urban initiative fund advisory committee shall be established for the purposes of ensuring the orderly and proper disbursement of funds under said program; provided, further, that said committee shall be comprised of nine members, three of whom are minority business owners, three of whom shall be representatives of community-based, non-profit organizations in the human services field, and three of whom shall be representatives of community-based, non-profit organizations in the economic development field; provided, further, that three members shall be appointed by the governor, three members shall be appointed by the senate president, and three members shall be appointed by the speaker of the house of representatives; provided, further, that the governor, the senate president and the house speaker shall appoint one individual from each of the aforementioned groups; provided further, that each committee member shall serve for a period of two years; provided further, that said advisory committee shall approve an administrative budget for the community development finance corporation which shall not exceed eight percent of the urban initiative fund in each operating year; provided, further, that the community development finance corporation shall submit an annual report not later than May first, nineteen hundred and ninety-three, in writing, to the governor and to the clerks of the house of representatives and the senate, who shall forward the same to the president of the senate, the speaker of the house of representatives, and the chairmen of the house and senate committees on ways and means which shall include financial statements related to the operation of the urban initiative fund, the disbursement of all grants and loans, and a detailed plan for further implementation of the program; provided, further, that all expenditures made pursuant to said program shall be reviewed by the secretary of communities and development.

SECTION 138. There is hereby established a Partnership Council for a Better Education, hereinafter called the council. The council shall consist of the secretary of economic affairs or his designee, who shall serve as chairman, and eight other individuals appointed by the governor, two of whom shall be from the organization Jobs for Massachusetts, one of whom shall be from the technology industry, one of whom shall be a member of a labor organization recommended by the secretary of labor, one of whom shall be a superintendent of a vocational educational school within the commonwealth, one of whom shall be recommended by the commissioner of the department of education, one of whom shall be from the financial industry, one of whom shall be a parent of a child who currently attends a public secondary school.

The term of all appointed members shall be coterminous with that of the governor and the governor shall fill any vacancy for the remainder of the unexpired term in accordance with criteria set forth in this section.

The council shall meet bi-monthly and at such other times as the chairman or the council may determine. The council shall promulgate rules and regulations regarding the establishment, coordination and oversight of educational ventures between public schools and the business community, including, but not limited to, rules and regulations governing utilizing the financial, personnel, equipment and other resources which may be made available by the business community. Such rules and regulations shall establish goals, guidelines and minimum criteria for any joint education ventures, including but not limited to defining minimum dollar amounts on business funding for business participants; minimum of weekly contact between school and business participants; minimum commitment between school and business participants, provided, that such minimum commitment shall in no case be less than one year; and a requirement of biannual reports of any recommendations and findings to the governor, the general court, and the department of education. The secretary of state shall make the report available to the general public.

SECTION 139. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Port Authority and the Massachusetts Turnpike Authority are hereby authorized to enter into agreements with the executive office of economic affairs and the tourist-promotion agencies for the purposes of domestic and international tourism and trade promotions and programs.

SECTION 140. Notwithstanding the provisions of any general or special law to the contrary, expenses incurred by the energy forecasting program within the division of energy resources, to a maximum of two hundred thousand dollars, plus the cost not to exceed twenty percent of the amount assessed, of fringe and indirect benefits as calculated by the secretary of administration and finance pursuant to section six B of chapter twenty-nine of the General Laws, shall be assessed upon utility companies of the commonwealth.

SECTION 141. There is hereby established a special commission for the purpose of studying the appropriateness of the rates charged by the Western Massachusetts Electric Company. The special commission shall consist of thirteen members: the secretary of consumer affairs, the director of the energy office, the attorney general or his designee, two residents of western Massachusetts appointed by the governor, three members of the senate appointed by the senate president, and five members of the house of representatives appointed by the speaker of the house. The commission shall investigate and study the most recent rate increase by said company and review the history of its rate increases over the last ten years. The commission shall compare such rate increases with those by other public utilities in the commonwealth and in comparable areas around the United States. The department of public utilities is hereby authorized and directed to cooperate fully with this investigation and study. The commission shall file a final report of its finding and recommendations, with accompanying legislation, if any, no later than the fourth Wednesday in March, nineteen hundred and ninety-three.

SECTION 142. Notwithstanding the provisions of any general or special law to the contrary and in order to promote the public good, the State Board of Retirement is hereby authorized and directed to accept an application for the early retirement incentive program, established by chapter twenty-two of the acts of nineteen hundred and ninety-two, as submitted by the beneficiaries of Alfred Quirk, who died on April sixteenth, nineteen hundred and ninety-two. Said applicant will hereby be deemed eligible for retirement benefits under that program, as long as said application is received by the board not later than July thirty-first, nineteen hundred and ninety-two.

SECTION 143. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary the district court department of the trial court of the commonwealth is hereby authorized and directed to establish a sick leave bank for Linda Maillette, an employee of the Pittsfield division of the district court department. Each employee of the trial court of the commonwealth may voluntarily contribute one or more of his sick, vacation or personal days to such bank for use by said Linda Maillette.

SECTION 144. That for the purpose of discharging a moral obligation of the commonwealth the Gus Lombardi, owner of the former Ashmere Manor Nursing Home Inc., there shall be allowed and paid out of the state treasury, subject to appropriation, the sum of one hundred and twenty-three thousand nine hundred and eighty-three dollars for medicaid reimbursements that were withheld in nineteen hundred and eighty.

SECTION 145. A special commission is hereby established for the purpose of making an investigation and study relative to improving procedures governing the assessment of local taxes pursuant to chapter fifty-nine of the General Laws, hereinafter referred to as chapter fifty-nine. Such investigation and study shall include without limitation a complete analysis of the following: whether the schedule for payment of real estate taxes prescribed by chapter fifty-nine should by changed to improve the cash flow to cities and towns and reduce their need to borrow in order to defray operating expenses; whether recent amendments to chapter fifty-nine have created confusion and unduly restricted the ability of taxpayers to exercise their right to seek abatements and to appeal adverse decisions by local assessors to the appellate tax board; whether the procedures imposed by chapter fifty-nine and the administration of the real estate tax assessment system in general have had a deleterious effect on the business climate in Massachusetts; the fairness of the disparity between the fourteen percent interest paid by taxpayers as a penalty for late payment of taxes and the eight percent interest paid by a city or town on the amount of taxes abated and reimbursed to the taxpayer, and the effect of such disparity on the taxpayer's decision to pursue the right of appeal; whether the introduction of quarterly and preliminary tax payments requires clarification of the procedure for seeking abatements and the computation of interest on late payments; whether there are circumstances in which a taxpayer should maintain the right of appeal to the appellate tax board if taxes are paid late; the fee schedule and resources of the appellate tax board; whether the three-year averaging formula prescribed by section sixty-four of chapter fifty-nine for establishing taxes to be paid pending an abatement requires clarification; and whether procedures imposed by chapter fifty-nine are contributing to the backlog of cases awaiting a hearing and decision by the appellate tax board. Said commission may likewise examine any issues pertaining to the foregoing and arising under other statutes, including without limitation the procedure for collecting delinquent taxes by the taking of land and otherwise pursuant to chapter sixty of the General Laws. Said commission shall consist of three member of the senate appointed by the senate president, one of whom who shall serve as co-chairman; three members of the house of representatives appointed by the speaker of the house, one of whom shall serve as co-chairman; two members active in the business of owning, managing, or leasing investment real estate, who shall be designated by the Greater Boston Real Estate Board; two members representing home owners, who shall be designated by the Massachusetts Association of Realtors; two members serving as municipal treasurers, who shall be designated by the Massachusetts Treasurers Association; and two members serving as municipal assessors, one serving a city and one serving a town, who shall be designated by the Massachusetts Assessors Association. Said commission shall report to the General Court the result of its investigation and study and its recommendations, if any, together with drafts of legislation to carry its recommendations into effect, by filing the same with the clerk of the house of representatives and the clerk of the senate on or before October first, nineteen hundred and ninety-two.

SECTION 146. A special commission to consist of two members of the Senate, three members of the House of Representatives and six persons to be appointed by the governor, three of whom shall be representatives of the business community, two of whom shall be employees of the department of environmental protection, and one of whom shall be a representative of a national fire prevention association is hereby established for the purpose of making an investigation and study including, but not limited to, the existence of any health hazards from sprinkler systems and the feasibility and cost effectiveness of requiring backflow protection for such systems.

Said commission shall report to the General Court the results of its investigation and study and its recommendations, if any together with drafts of legislation necessary to carry such recommendations into effect by filing the same with the clerk of the House of Representatives on or before the first Wednesday in May nineteen hundred and ninety-three.

SECTION 147. There is hereby established a special commission to perform a cost benefit analysis of providing assistance to cities and towns under the Computer Assisted Mass Appraisal and Tax Administration Program administered by the department of revenue. The study shall also include an analysis comparing the costs of providing this service by public or private vendors. The commission shall consist of five members: one member of the senate appointed by the president, one member of the house of representatives appointed by the speaker, one designee of the Massachusetts Assessors Association, one designee of the Massachusetts Municipal Association, and one person appointed by the Commissioner of Revenue to represent the department. The committee shall report its findings to the house and senate committees on ways and means by May first, nineteen hundred and ninety-three.

Effective July first nineteen hundred and ninety-two, except as provided herein, the commissioner shall not install, supply, service, maintain, train, distribute, or assist the Computer Assisted Mass Appraisal and Tax Administration Program for any city or town with more than fifteen thousand inhabitants; provided, however, that, any community which has installed, or has committed to use, the Computer Appraisal and Tax Administration Program as of July first, nineteen hundred and ninety-two, may participate in the program, at local option.

SECTION 148. Notwithstanding any special or general law to the contrary, the division of capital planning and operations (DCPO), in consultation with the secretary of environmental affairs and the secretary of economic affairs, is hereby authorized and directed to conduct a study of the feasibility of moving the executive office of environmental affairs, the department of environmental management, and the department of environmental protection to the grounds of the former Grafton state hospital. Said study shall include a cost analysis and an economic impact study of moving these administrative offices to grounds of the former Grafton state hospital. DCPO shall file said report and any recommendations with the house and senate clerks not later than December fifteenth, nineteen hundred and ninety-two.

SECTION 149. There is hereby established a special commission on the financial condition of the cities and towns and the state's fiscal relationship with local government, consisting of the following fifteen members: five members of the house of representatives appointed by the speaker, three members of the senate appointed by the senate president, the secretary of administration and finance or his designee, and six members appointed by the governor as follows: one representative of the Massachusetts municipal association, one city councilor, one member of a board of selectmen, one representative of a teachers' union, one representative of a local police officers' union, and one representative of a fire-fighters' union.

Said special commission shall conduct a study and investigation to determine the true financial condition of the cities and towns of the commonwealth, including but not limited to the following issues: the number of employees actually laid off by the cities and towns since fiscal year nineteen hundred and eighty-nine; the amount of any increases or reduction in the compensation of employees of cities and towns since fiscal year nineteen hundred and eighty-nine; the extent to which services by cities and towns have actually been reduced or eliminated since fiscal year nineteen hundred and eighty-nine; and the adequacy of local services to meet local needs.

Said special commission shall also review the state's fiscal relationship with local government. Such review shall address the state's policy of state tax revenue sharing with local government, implementation of chapter two hundred and sixty-eight of the acts of nineteen hundred and ninety, distribution of the municipal share of the motor vehicle excise, state programs for distribution of financial assistance, the use of lottery revenues, the state's local government reimbursement programs, the reimbursement of cities and towns for the loss of property tax revenue attributable to state property and other tax exempt property, its municipal assessment programs, its grant programs for municipal and regional capital construction projects, and any other similar state fiscal policies or programs which affect local government revenues available to provide local services.

The division of local services of the department of revenue shall provide staff support to the special commission. The commission shall file its report, including any recommendations for further legislation, with the house and senate committees on ways and means on or before April fifteenth, nineteen hundred and ninety-three.

SECTION 150. There is hereby established a special commission on the commonwealth's public employee retirement information systems consisting of the following fifteen members: three members of the senate to be appointed by the president of the senate, one of whom shall be the senate chairman of the committee on public service, three members of the house of representatives to be appointed by the speaker of the house, one of whom shall be the house chairman of the committee on public service, a representative of the office of the treasurer and receiver-general who shall be appointed by the state treasurer, the commissioner of public employee retirement or his designee, the director of the office of management information systems or his designee, the elected member of the state board of retirement, one of the elected members of the teachers' retirement board who shall be appointed by the retirement board, the executive director of the state board of retirement, the executive director of the teachers' retirement board, and two citizens who shall be qualified by training and experience in the development of automated data processing systems who shall be appointed by the governor.

Said special commission shall conduct a study and investigation relative to the development, maintenance, and funding of the commonwealth's public employee retirement information systems, including but not limited to the following issues: the extent to which system development life cycles procedures are in place to monitor the ongoing development and maintenance of the retirement related automated systems that are currently provided by the office of the state treasurer to the state board of retirement and the teachers' retirement board; the current systems' ability to maintain such data as is necessary to conduct required actuarial studies and biennial valuations; the extent to which the system facilitates the electronic collection of retirement data from every person, board, or commission with the power to appoint or employ personnel as employees of the commonwealth or any political subdivision subject to membership in the state employees' or teachers' retirement systems; the administrative procedures that are in place to anticipate the conversion of manual functions to automated systems and the changing data processing needs of the state board of retirement and the teachers' retirement board; the feasibility of establishing a comprehensive commonwealth public retirement data processing and information system for use by all of the commonwealth's contributory retirement systems; and the options for the establishment of a specific funding source for the ongoing maintenance of the commonwealth's public employee retirement information systems. The office of management information systems, in conjunction with the state board of retirement and the teachers' retirement board, shall provide staff support to the special commission. The commission shall file its report with its findings and recommendations, if any, with the state treasurer, the joint committee on public service, and the senate and house committees on ways and means on or before March first, nineteen hundred and ninety-three.

SECTION 151. There is hereby established an special commission consisting of the secretary of the executive office of administration and finance or his designee, the secretary of the executive office of education or his designee, the secretary of the executive office of communities and development or his designee, five members who are representatives of local governments, three members who are representatives of local school committees, three members to be named by the speaker of the house of representatives and two members to be named by the president of the senate. Said commission shall study the feasibility of, assess the potential impact of, and develop recommended means of implementing a system for funding public educational services in grades Kindergarten through twelve under which all costs for said service shall be born by the state in the form of local aid to cities and towns and under which said local aid for educational services shall be the exclusive aid provided to cities and towns by the state. Said Commission shall report its findings, together with recommendations for needed legislation, by filing the same with the clerks of the House of Representatives and Senate no later than December thirty-first, nineteen hundred and ninety-two.

SECTION 152. There is hereby established a special commission on higher education financing to consist of three members of the senate to be appointed by the president of the senate, one of whom shall be the senate chairman of ways and means and one of whom shall be the senate chairman of the committee on education, arts and humanities, and three members of the house of representatives to be appointed by the speaker of the house of representatives, one of whom shall be the house chairman of ways and means and one of whom shall be the house chairman of the committee on education, arts and humanities; and one person, representing the banking community, to be appointed by the speaker of the house of representatives; and one person, representing the banking community, to be appointed by the president of the senate; the director of the Massachusetts Higher Education Assistance Corporation, or his designee; the director of the Massachusetts Educational Financing Authority, or his designee; and the director of the Massachusetts state scholarship office or her designee. The director of the Massachusetts Higher Education Assistance Corporation shall be the chairman of said commission. Said special commission may conduct public hearings throughout the commonwealth, and shall solicit testimony relative to the availability of financial assistance, including grants and loans, for citizens of the commonwealth planning to attend institutions of higher education. Said commission shall also investigate the proportion of grants to loans available in the commonwealth, and the progress of the college opportunity fund. Said commission shall report to the General Court with its findings and recommendations, if any, by December first, nineteen hundred and ninety-two.

SECTION 153. There is hereby established a special commission consisting of the town manager of the town of Southbridge, at least one, but not limited to one, member or the designee of each of the town council of the town of Southbridge, the board of selectmen of the town of Dudley, the board of selectmen of the town of Sturbridge, and the board of selectmen of the the town of Charlton, one member designated by the tri-community chamber of commerce in or representing each of the above named towns, one member of the house of representatives named by the speaker of the house of representatives, one member of the senate named by the president of the senate, and the secretary of the executive office of economic affairs or his designee. It shall be the duty and responsibility of said special commission to prepare for and facilitate the relocation by the United States department of defense of its accounting and auditing divisions to property located with the town of Southbridge. Members of said commission shall serve without compensation and shall choose from among their members a chairman for said commission. Said commission shall report from time to time on its activities by filing a report of same with the clerk of the house of representatives and the clerk of the senate. Said commission shall remain in existence for the period of time needed for completion by the said department of defense of its relocation or until extinguished by act of the general court, whichever shall occur first.

SECTION 154. Notwithstanding any general or special law or any rule or regulation or any executive order to the contrary there is hereby established a special commission to study the economic impact of the absence of a sales tax in the state of New Hampshire on the area of the commonwealth known as the Merrimack Valley.

Said Commission shall hold a series of three hearings, one at Merrimack College in the town of North Andover, a second at the University of Massachusetts at Lowell, and a third at Northern Essex Community College in the city of Haverhill to elicit ideas and establish a plan to address the problems and concerns of the businesses and consumers of the Merrimack Valley as a consequence of the proximity to the border of the state of New Hampshire and the lack of a sales tax therein.

Said commission shall make any recommendations for legislation together with any remedies to enhance and develop the economic stability of the area known as Merrimack Valley to the house and senate ways and means committee by the first Wednesday in May of nineteen hundred and ninety-three.

Members of said commission shall be comprised of, but not limited to, the presidents of the five Merrimack Valley Chambers of Commerce or their designees, the house and senate chairmen of the taxation committee or their designees, the secretary of economic affairs or his designee, the executive director of the Merrimack Valley planning commission or his designee, the executive director of the Lower Merrimack Valley regional employment board or his designee, and the president of the joint labor council of greater-Lawrence and greater-Haverhill or his designee. The state legislative delegation from the Merrimack Valley shall be ex-officio members of said commission.

SECTION 155. There is hereby established a special commission consisting of one member of the house of representatives appointed by the speaker of the house of representatives, one member of the senate appointed by the president of the senate, two representatives of the department of environmental management appointed by the commissioner of the department of environmental management, the director of the office of emergency medical services of the department of public health or his designee, the secretary of the executive office of public safety or his designee, the chief of police of the town of Sutton, a representative of the Central Massachusetts Safety Council, Inc. and a representative of the University of Massachusetts medical center designated by the chancellor thereof who shall be skilled in accident loss prevention. Said commission shall make an investigation and study relative to the development of a comprehensive accident prevention and emergency response plan for Purgatory Chasm state reservation in the town of Sutton, and shall submit a report with recommendations to the commissioner of environmental management, copies of which shall be filed with the clerk of the house of representatives and the clerk of the senate, on or before June thirtieth, nineteen hundred and ninety-three.

SECTION 156. The commissioner of the department of public health shall convene a task force to develop policy and program recommendations to address the special needs of children with AIDS and children with family members with AIDS. Members of said task force shall include, but not be limited to: the commissioner of the department of public health or his designee; two members of the house of representatives; two members of the Senate; the commissioner of the department of education or his designee; the commissioner of the department of social services or his designee; the commissioner of the department of the mental health or her designee; a representative from the office for children; a local public health official; representatives from the child advocacy, child welfare, and AIDS advocacy communities; providers of services to children with AIDS including representatives from the Massachusetts chapter of the American Academy of Pediatrics, the Massachusetts League of Neighborhood Health Centers, the Visiting Nurses Association; and the parents and family members of children with AIDS. Said task force shall submit its policy and program recommendations to the house committee on ways and means, the senate committee on ways and means, the joint committee on health care and the legislative children's caucus by April fifteenth, nineteen hundred and ninety-three.

SECTION 157. In light of the diversity of the agencies that are currently involved in the preservation and restoration of historic sites in the commonwealth, a special commission is hereby established to review and make recommendations to the administration and the legislature regarding the appropriate scope of, and the mechanisms for the involvement of, the various agencies currently involved in historic preservation and restoration of the historic and cultural resources of the commonwealth. Such special commission should, at a minimum look at possible consolidation of programs and the funding requirements of such a consolidation. The special commission shall be comprised of 15 members: the secretary of environmental affairs or his designee; the secretary of economic affairs or his designee; the secretary of communities and development or his designee; the secretary of state of the commonwealth or his designee; a chairman of the legislature's joint committee on natural resources and agriculture; a chairman of the legislature's joint committee on commerce and labor; three public members to be chosen from the environmental and or the historic preservation communities to be chosen by the governor; and six members of the general court two from the senate to be chosen by the senate president and four from the house of representatives to be chosen by the speaker of the house. The chairman of natural resources and agriculture shall act as chair of the committee.

SECTION 158. Notwithstanding the provisions of any general or special law to the contrary or any rule or regulation of the board of library commissioners, said board is hereby authorized and directed to reimburse the city of Peabody a sum of one hundred forty-four thousand five hundred and thirty dollars under the provisions of chapter four hundred and seventy-eight of the acts of nineteen hundred and eighty-seven.

SECTION 159. Notwithstanding any general or special law, ordinance, by-law or regulation to the contrary, the Braintree hospital is authorized to operate not less than two congregate living health facilities with from eight to twelve beds each, one of which may provide pediatric services and one of which may provide adult services. The commissioner of public health shall approve such facilities to provide a scope, duration and amount of services consistent with the scope of services authorized for congregate living health facilities operated in the state of California under section 1250(i) of the Health and Safety Code of the state of California as of January first, nineteen hundred and ninety-two.

Except as otherwise provided herein, a congregate living health facility shall be deemed to be a residential use for purposes of any general or special laws, rules and regulations, local ordinances or by-laws which relate to building or zoning. A congregate living health facility shall, only for purposes of the state building code, be deemed to be a limited group residence and shall be of at least type 5-A construction; restrict resident living areas to a single story; be fully sprinklered; have a one hour burn rating for the entire building and shall be authorized to serve up to twelve impaired persons.

Notwithstanding any general or special law or regulation to the contrary, congregate living health facilities authorized by this section shall be operated pursuant to Braintree hospital's hospital license. No determination of need by the department of public health shall be required for the construction or operation of the congregate living health facility. The congregate living health facility authorized herein shall be exempt from the provisions of Section twenty-five to twenty-five D of chapter one hundred and eleven of the general laws as appearing in the 1990 Official Edition.

The rates and charges for the congregate living health facility shall not be subject to the provisions of Sections thirty-one to and including forty-four of Chapter six A of the general laws, as appearing in the 1990 Official Edition, nor shall such revenues or expenses be attributed to Braintree Hospital in establishing its rates and charges pursuant to said sections.

The commissioner of public health shall monitor, review and approve this pilot project and shall issue annual reports to the ways and means committees of the house and senate and the secretary for human services, which report shall recommend whether or not this project shall be further expanded.

SECTION 161. The commonwealth of Massachusetts shall provide matching funds, not to exceed one hundred seventy-five thousand dollars, for the construction of a Korean War Memorial, to be located in the shipyard park of the Charlestown navy yard. Said state matching funds shall supplement the fundraising efforts of the Korean War Memorial Committee of Massachusetts, Inc.

The memorial shall be dedicated on June twenty-fifth, nineteen hundred and ninety-three.

SECTION 162. Notwithstanding the provisions of any general or special law to the contrary, a contract executed or extended as authorized by the provisions of chapter four hundred and thirteen of the acts and resolves of nineteen hundred and eighty-one shall be exempt from any and all of the provisions of chapter thirty B of the General Laws.

SECTION 163. The trustees of the University of Massachusetts shall conduct a study of the feasibility, costs and benefits of establishing a program, separate from the program of group insurance provided for commonwealth employees under chapter thirty-two A of the General Laws, of group general or blanket hospital, surgical, medical, dental and other health insurance for all employees of the University or of any campus thereof. Said study shall examine, among other alternatives, the feasibility of establishing a self-insured program for active employees as well as retirees. Said study shall examine the costs and benefits to the university as well as to the program of group insurance provided pursuant to chapter thirty-two A of the General Laws. Copies of such study shall be filed, along with any accompanying legislation, with the governor, the secretary of administration and finance, the budget director, the group insurance commission, and the house and senate committees on ways and means, by the first Wednesday in December of nineteen hundred and ninety-two.

SECTION 164. The department of environmental protection, hereafter in this section called the department, shall submit a report on the following subjects, including recommendations and proposed regulations or legislation to effectuate them, to the waste site cleanup program advisory committee, established pursuant to section two A of chapter twenty-one E of the General Laws, by no later than January first, nineteen hundred and ninety-three:

(1) coordinating and making consistent with each other the department's regulations promulgated pursuant to chapter twenty-one E of the General Laws and the department's other regulations; and

(2) the extent to which state and local permitting requirements have affected response actions pursuant to said chapter twenty-one E, and the nature of such effects; and

(3) the extent to which response actions pursuant to said chapter twenty-one E should be subject to requirements for obtaining permits from other State agencies, or to regulations or standards promulgated by other State agencies; and

(4) the extent to which response actions pursuant to said chapter twenty-one E should be subject to requirements for obtaining permits or other approvals from cities or towns or other bodies politic, or to ordinances, by-laws, regulations, or standards promulgated by them.

To the maximum extent practicable, the preparation of the report required by this section shall be coordinated and consistent with the process that the department is required to complete, and any report prepared, on or before January first, nineteen hundred and ninety-three pursuant to subsection (j) of section eighteen of chapter twenty-one A of the General Laws. The department may, in its discretion, consolidate the report required by this section and any report prepared pursuant to said subsection (j) of said section eighteen.

SECTION 165. Notwithstanding the provisions of section 3B of chapter 7 of the General Laws, as amended by section 4 of chapter 6 of the acts of 1991, the secretary of administration shall increase the fee charged pursuant to section 163 of chapter 175 of the General Laws from fifty dollars annually to seventy-five dollars annually.

SECTION 166. The secretary of administration, through the deputy commissioner of capital planning and operations, is hereby authorized and directed to conduct a study and investigation to determine if any equipment, office supplies or other such material or property became or is unused or surplus to the current or forseeable use of any state agency as the result of the closing of any office, building, institution or other facility, the reduction in the number of employees in the agency, or the contracting out of services formerly performed by state employees. The said investigation and study shall include (1) a description of the unused or surplus property, (2) the present location and custody of such property, (3) the amount and value of such property, (4) the potential use of such property by other state agencies, (5) whether or not the purchasing agent has been notified of the existence of such property and whether or not it has been offered or transferred to other state agencies under the provisions of section twenty-five A of chapter seven of the General Laws, (6) whether or not the property has been declared surplus and has been or can be made available to other tax-supported or nonprofit institutions, and (7) whether or not there exists the possibility that such property can be auctioned off and the proceeds dedicated to other and more productive uses by the commonwealth. Said secretary and deputy commissioner shall report to the general court the results of such investigation and study, together with any recommendations for the disposition of such property and drafts of any legislation necessary to carry such recommendations into effect, by filing the same with the clerk of the house of representatives and clerk of the senate within ninety days of the effective date of this section.

SECTION 167. The secretary of administration, through the deputy commissioner of capital planning and operations, is hereby authorized and directed to conduct a study and investigation concerning the storage facilities used by the commonwealth. The said investigation and study shall include (1) the location and ownership of each such storage facility, (2) the equipment or other material or property which is stored and the agency which controls the equipment, (3) if the facility is privately owned, the amount of rent on an annual basis which is being paid by the commonwealth for the use of such facility, and whether or not consideration was given prior to the lease of any such private facility or should be given now to the use of vacant facilities under the control of a state agency or the division of capital planning and operations which are unused or surplus to the current or foreseeable use of any state agency because of the closing of offices, buildings, institutions or other facilities or the contracting out of services formerly provided by employees of the commonwealth, and (4) whether or not consideration was given or should be given now to consolidating the storage facilities presently in use. Said investigation and study shall include a plan prepared by the said deputy commissioner relative to reducing the costs of storage to the commonwealth by such consolidation or use of state-owned facilities. The said secretary and deputy commissioner shall report to the general court the results of such investigation and study, including such plan and any other recommendations, together with drafts of any legislation necessary to carry such recommendations into effect, by filing the same with the clerk of the house of representatives and the clerk of the senate within sixty days of the effective date of this season.

SECTION 168. Notwithstanding the provisions of any general or special law to the contrary, regional transportation authorities established pursuant to chapter one hundred and sixty-one B of the General Laws are hereby authorized and directed to broker, arrange and manage a program of transportation services for individuals served by the following state agencies: the Massachusetts commission for the blind, the Massachusetts rehabilitation commission, the department of social services, the department of public welfare, including the medicaid program, the department of public health, the department of mental health, the department of mental retardation and such other agencies deemed by said authorities to be appropriate and able to benefit from said program; provided that the department of youth services shall not be required to participate. The brokered transportation program established by this section shall be effective for all such agencies not later than January first, nineteen hundred and ninety-three. Said program shall provide for the safe and appropriate transportation of said individuals in the most cost-effective manner, including but not limited to the use of public transportation, contracted transportation, joint purchasing and leasing and the shared use of existing vehicles owned and operated by said agencies. Said authorities shall routinely assess the needs of said individuals and may centralize, as necessary, the scheduling, dispatching and coordination of transportation services to meet said needs. Said authorities may enter into any types of contracts or other arrangements with providers of transportation services deemed necessary to carry out the purposes of this section including, but not limited to, selective contracts, volume purchase contracts, and preferred provider contracts. Said authorities may negotiate reimbursement rates with providers of transportation services under any such contract or other arrangement, provided, that such rates shall not exceed the rates of payment permissible under Title XIX of the Social Security Act; and provided further, that any such negotiated rate shall not be subject to the provisions of chapter six A of the General Laws or any other general or special law to the contrary. Said authorities shall ensure that billing systems developed for the purposes of said program shall be capable of maintaining the documentation necessary to secure federal financial participation for transportation provided to medicaid-eligible individuals.

The secretary of transportation and construction, hereinafter referred to as the secretary, shall establish a working committee consisting of administrators from three such authorities, transportation personnel from three such state agencies and an employee to be designated by the secretary of health and human services. Said committee shall advise the secretary of transportation and construction on the implementation and effective transfer of state agency transportation services and funding to the brokered transportation program.

By January first, nineteen hundred and ninety-three, each such authority shall have forwarded a plan to said secretary that describes the program implementation model for its region, which shall include, but not be limited to, detailed descriptions of the transportation services to be used, proposals for implementing mobility training and facilitated transportation, and projected costs and savings for brokered services provided to the individuals served by said agencies. Each such authority not already brokering transportation services for state agencies shall implement said plan and commence services to said agencies by said date.

Not later than February first, nineteen hundred and ninety-three, the secretary shall identify any region not covered by said program and develop a remedial plan of service coverage. Said secretary shall further report to the secretary of health and human services, any state agency, or regional office, facility or division of any state agency, not participating in said program. The secretary shall take all necessary action to ensure the complete coverage of all regions by said date.

To the extent each said authority has planning funds from the state and federal governments available, said funds shall be used for the planning and implementation of said program. The secretary of administration and finance, in consultation with the secretary of transportation and construction, shall establish a reserve account and shall transfer to said account an amount sufficient to fund the participation of each state agency commencing participation in said program on January first, nineteen hundred and ninety-three; provided that no such transfer shall be required prior to January first, nineteen hundred and ninety-three for agencies not already participating in said program; and provided further, that amounts transferred to said reserve account shall not exceed forty million dollars.

Each authority shall establish a billing and accounting system capable of identifying federally reimbursable transportation services. Said state agencies are hereby authorized and directed to fully assist and cooperate with said authorities in: 1) identifying the transportation needs of individuals served by the agency; 2) making arrangements for the transfer of transportation responsibilities to said authorities; 3) assuring that existing vehicles operated by said agencies on behalf of individuals are made available, where feasible, to said authorities for the purposes of this section, provided that the reasonable costs of maintaining and operating such vehicles are reimbursed as necessary; 4) amending, as necessary, the regulations, policies and procedures of the agency as necessary to meet the purposes of this section; 5) and adjusting, as necessary, rates of payment to providers whose transportation responsibilities have been transferred to said brokered transportation program. The secretary of health and human services shall take all measures necessary to assure the full assistance and cooperation of each such agency in meeting the purposes of this section. Said secretary shall further identify the administrative and operating costs of transportation programs maintained by said agencies for the purpose of maximizing personnel and operating efficiencies.

Nothing in this section shall be construed to extend said brokered transportation program to students served by state agencies pursuant to chapter seventy-one B of the General Laws and to school bus transportation.

SECTION 169. Clause twenty-six of section 7 of chapter 4 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting at the end of said clause the following paragraph:-

(m) contracts for hospital or related health care services between (i) any hospital, clinic or other health care facility operated by a unit of state, county or municipal government and (ii) a health maintenance organization arrangement approved under chapter one hundred and seventy-six I, a nonprofit hospital service corporation or medical service corporation organized pursuant to chapter one hundred and seventy-six A and chapter one hundred and seventy-six B, respectively, a health insurance corporation licensed under chapter one hundred and seventy-five or any legal entity that is self insured and provides health care benefits to its employees.

SECTION 170. Wherever in section 115 of chapter 6, section 204 of chapter 6, section 34 of chapter 6A, section 16 of chapter 6B, section 1E of chapter 15, section 1H of chapter 15, section 2A of chapter 25, section 6 of chapter 29A, section 3 of chapter 32A, section 3 of chapter 40E, section 1A of chapter 75, section 123 of chapter 94 and section 69H of chapter 164 of the General Laws appear the words "Massachusetts State Labor Council, AFL-CIO", "State Labor Council AFL-CIO", "Massachusetts AFL-CIO" or "AFL-CIO" in any form, such words shall be stricken and replaced by the following words: "Massachusetts Trades Building Council".

SECTION 171. Chapter 6 of the General Laws is hereby amended by adding after section 204, under the caption "Office for Refugees and Immigrants", the following four sections:-

Section 205. There is hereby established an office for refugees and immigrants under the exclusive supervision and control of a director who shall be appointed by the secretary of health and human services with the approval of the governor. The purpose of the office is to promote the full participation of refugees and immigrants as self-sufficient individuals and families in the economic, social, and civic life of the commonwealth.

Section 206. The director shall be the state refugee coordinator pursuant to the federal Refugee Act of 1980 (P.L. 96-212, March 17, 1980), as it may be amended or succeeded. The director shall also have primary responsibility for the administration of programs and services pursuant to the federal Immigration Reform and Control Act of 1986 (P.L. 99-603, November 6, 1986), as it may be amended or succeeded.

The position of director shall be classified in accordance with section forty-five of chapter thirty, and the salary shall be determined in accordance with section forty-six C of said chapter thirty. The director shall devote full time during business hours to the duties of the office. The director shall be authorized, subject to appropriation, to appoint and may remove such assistant directors and such other employees and consultants as may be necessary to perform the functions of the office set forth in section two hundred and seven. The provisions of chapter thirty-one shall not apply to the director, to such assistant directors as the director may appoint, or to such supervisory positions as the director may create.

Section 207. The office shall have the following powers: (a) to plan, coordinate, monitor, and administer programs that provide transitional assistance to refugees and immigrants and that lead to durable self-sufficiency; (b) to encourage in refugees and immigrants an understanding of American government and institutions and the rights and responsibilities of residents and citizens and to encourage those who wish to remain in the United States to become citizens; (c) to coordinate the commonwealth's policies and programs for refugees and immigrants including those administered by other state agencies; (d) to promote the accessibility of public services to refugees and immigrants; (e) to ascertain the needs of local communities with significant populations of refugees and immigrants and to work with local officials and community-based organizations to address those needs; (f) to increase the availability and utilization of qualified interpreter services; (g) to promulgate, pursuant to the provisions of chapter thirty A, rules and regulations; (h) to enter into agreements or contracts with other public or private agencies or units of local, county, or state government for the delivery and/or coordination of services to refugees and immigrants or for other statutorily-authorized purposes; provided, however, that no responsibility of the department of public welfare under chapter 118 or chapter 118E of the General Laws shall be transferred to the office; (i) to administer federal monies received by the commonwealth for services to refugees and immigrants; provided, however, that other state agencies also may receive and administer federal monies for such purposes within their jurisdictions; provided, further, that state funds shall not be used by the office to supplement federal funding if such funding is withdrawn; (j) to seek and receive grants or donations from private sources to carry out any of the office's functions and purposes; (k) to impose reasonable charges for any services rendered or materials furnished; and (l) to perform such other functions that are consistent with the purpose of the office.

Section 208. There is hereby established a council, to be known as the governor's advisory council for refugees and immigrants, to consist of not less than fifteen members and not more than thirty members, said members to serve without compensation. The members of the council shall be appointed by the governor for a term of one year. The membership of the council shall consist of persons who live in the commonwealth and shall include refugees, immigrants, and other interested individuals. The chairman of the council shall be appointed by the governor and shall serve for a term of one year. The following shall also serve as members of the council, ex-officio: the attorney general of the commonwealth; the secretaries of the executive offices of health and human services, public safety, and communities and development; the commissioners of the departments of education, public welfare, public health, mental health, office for children, and employment and training; and representatives from such other secretariats or agencies as the governor, the secretary of health or human services, the director of the office for refugees and immigrants, or the council may request. These ex-officio members may be represented by designees.

The functions of the council shall include but not be limited to: (a) advising the governor on policy, planning, and priorities for refugees and immigrants in the commonwealth; (b) assisting the director of the office for refugees and immigrants in coordinating the efforts of all public agencies concerned with services to refugees and immigrants and in promoting the accessibility of all state services; (c) increasing communication, mutual understanding, and willingness to cooperate among community groups and organizations that serve refugees and immigrants; and (d) increasing public understanding of the needs and contributions of refugees and immigrants. The council shall meet at least six times per year.

SECTION 172. Section 2 of chapter 6A of the General Laws, as most recently amended by section 4 of chapter 142 of the acts of 1991, is hereby further amended by inserting after the words "environmental affairs," the following:- health and.

SECTION 173. Chapter 6A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after section four the following section:-

Section 4A. Each secretary shall establish one office of licensing and permits that shall be charged with the issuing of all permits and licenses within the executive office; excluding licenses and registrations issued pursuant to chapter one hundred and twelve of the general laws. The secretary for administration and finance shall develop a master application form and procedure to be used by all executive offices in the issuance of licenses and permits.

SECTION 174. The first sentence of section 8 of chapter 6A of the General Laws, as amended by chapter 481 of the acts of 1991, is hereby further amended by inserting after the words "manufactured homes commission;" the following words:- the commission on Indian affairs,.

SECTION 175. Chapter 6A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after section 8 the following section:-

Section 8A. There shall be in the executive office of communities and development a commission on Indian affairs, consisting of seven members who shall be appointed by the governor. All of the members shall be of American Indian descent and shall represent the major tribes of American Indian population located within the commonwealth. In the year nineteen hundred and ninety-three, three members shall be appointed for a term of three years, two members shall be appointed for a term of two years and two members shall be appointed for a term of one year. Thereafter, all appointments shall be for a three-year term.

Said commission shall meet at least four times annually, but may meet as often as it deems necessary for the proper conduct of its affairs, and shall elect from its membership a chairman and such other officers as maybe required, each to serve for a term of one year.

Said commission shall investigate problems common to American Indians and persons of American Indian descent who are residents of the commonwealth. It shall assist tribal councils, Indian organizations and individuals in their relationship with agencies of state and local government, assist with social services, education, employment opportunities, health, housing problems, civil rights, legal aid, treaties, taking of a census of American Indian residents, and any other rights or services concerning American Indian residents of the commonwealth.

Said commission may make recommendations to the secretary of communities and development concerning programs and policies that will best serve the interest of the American Indian residents of the commonwealth. It shall make an annual report of its activities to the said secretary, and shall file a copy thereof with the clerks of the senate and house of representatives on or before the last Wednesday in January of each year.

Said commission shall provide for the burial expenses, up to three hundred dollars, for the remains of any person whose previously unknown grave has been disturbed, forcing its relocation, and whose identity has been determined by the state archaeologist to be that of an American Indian.

SECTION 176. Section thirty-eight of chapter seven of the General Laws is hereby repealed. `tuc Public Utilities Assessments

SECTION 177. Section 9A of chapter 6A of the General Laws, as most recently amended by section 95 of chapter 138 of the acts of 1991, is hereby further amended by striking out, in lines 11, 12 and 24, the words "five hundred thousand" and inserting in place thereof, in each instance, the following:- one million.

SECTION 178. Section 11E of chapter 12 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking the words:- "provided, however, that such expenditures shall not exceed annually the amount assessed against such electric, gas, telephone and telegraph company under the provisions of section nine of chapter six A" and by inserting in place thereof the following words:- "provided, however, that such expenditures shall not exceed annually one hundred and fifty percent of the amount assessed against such electric, gas, telephone and telegraph company under the provisions of section nine A of chapter six A.". SECTION 179. Section 16 of chapter 6A of the General Laws, as most recently amended by section 252 of chapter 138 of the acts of 1991, is hereby further amended in the first paragraph by striking out the following words:- "the youth service board; the advisory committee on service to youth; the division of youth service, including the several institutions within said division".

SECTION 180. The first paragraph of section 16 of chapter 6A of the General Laws is hereby amended by inserting after the words "and the Massachusetts commission for deaf and hard of hearing people and its advisory board" the following words:- and the office for refugees and immigrants and governor's advisory council for refugees and immigrants established in section two hundred five and section two hundred eight of chapter six.

SECTION 181. The third sentence of the third paragraph of section 32 of chapter 6A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "year" in line 86 the following:- ; and provided further, in any appeal of any matter arising out of the setting of such prospective rates of reimbursement, the aggrieved party shall not be permitted to introduce into the record of such an appeal evidence of costs for any year other than the base year used to establish the rate.

SECTION 182. Paragraph (2) of section 11 of chapter 6B of the General Laws, as inserted by section 12 of chapter 495 of the acts of 1991, is hereby amended by striking out the second sentence and inserting in place thereof the following three sentences:- The percentage so calculated shall equal the ratio of the uncompensated care liability of purchasers and third party payers for said fiscal year to estimated charges to purchasers and third party payers for patient care services for said fiscal year, exclusive of charges to Titles XVIII and XIX and publicly aided patients and eligible free care charges. For fiscal years nineteen hundred and ninety-two and nineteen hundred and ninety-three, the amount of the uncompensated care liability of purchasers and third party payers shall be established by special law. For fiscal years subsequent to nineteen hundred and ninety-three, the amount of the uncompensated care liability of purchasers and third party payers shall be equal to the amount of the uncompensated care liability of purchasers and third party payers for the previous fiscal year increased at the beginning of the subsequent fiscal year by a percentage equal to the change in the consumer price index, all urban consumers, United State's city average, medical care, for the most current twelve month period published by the federal bureau of labor statistics.

SECTION 183. The first sentence of the fourth paragraph of section 3B of chapter 7 of the General Laws, as most recently amended by section 4 of chapter 6 of the acts of 1991, is hereby further amended by striking out the word "ninety-two" and inserting in place thereof the word:- ninety-four.

SECTION 184. The fifth paragraph of said section 3B of said chapter 7, as so appearing, is hereby amended by striking out the word "ninety-two" and inserting in place thereof the word:- ninety-four.

SECTION 185. Said section 3B of said chapter 7, as so appearing, is hereby further amended by adding the following paragraph:-

The provisions of this section shall not apply to fees set pursuant to section eighteen of chapter twenty-one A or section three B of chapter twenty-one E.

SECTION 186. Chapter 7 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after section 27 the following new section:-

Section 27A. The state purchasing agent shall coordinate the purchase of travel and travel-related services by authorized officers and employees of the commonwealth to insure cost-effective management of the commonwealth's purchasing power for such services.

The purchasing agent may contract with one or more vendors to coordinate the management of the purchase of said services.

SECTION 187. Section 28 of chapter 7 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended in line 11, after the word "commonwealth", by inserting the following:- provided, however, that all authorized travel shall be administered and coordinated by the state purchasing agent in a cost-effective manner.

SECTION 188. Chapter 7 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after section 43F the following section:-

Section 43F>. The division of capital planning and operations shall evaluate the potential for increasing the energy efficiency in each building owned by an authority or state agency, or leased by such authority or agency for at least a ten-year period. The division of capital planning and operations shall report on its findings to the legislature by January first, nineteen hundred and ninety-three. Energy efficiency measures, as used in this section shall include, but not be limited to, heating, air-conditioning, lighting, water, and electric systems powered by, coal, electricity, natural gas, oil. Where energy cost savings resulting from the implementation of energy saving improvements would exceed the cost of installing said improvements within one year of installing said improvements, the agencies and authorities shall install such improvements no later than July first, nineteen hundred and ninety-three.

The annual energy cost savings realized by each authority or agency shall be retained in that the authority or agency utility account and applied to additional energy efficiency measures in subsequent years.

Actions taken by the division of capital planning and operations in accordance with provisions of this section shall be coordinated with ongoing energy conservation projects in state-owned or leased buildings. Buildings which have been scheduled for comprehensive energy conservation improvements before the effective date of this act may, upon approval of the commissioner of energy resources, be exempted from the provisions of this section. Utility programs offering energy auditing services shall be used whenever appropriate.

The term "authority" used in this section shall not include authorities of cities or towns, such as local housing projects.

SECTION 189. Section 35 of chapter 10 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the text in lines 20 through 29 and inserting in place thereof the following:-

(a) For the payment of prizes to the holders of winning lottery tickets or shares;

(b) For the expenses of the commission in administering and operating the lottery, as certified by the secretary of administration and finance, provided that the state treasurer shall transfer the certified amount to the General Fund for said purposes; and,

(c) For the purposes of the Local Aid Fund created by section two D of chapter twenty-nine, the net balance of the State Lottery Fund, as determined by the comptroller on every September thirtieth, December thirty-first, March thirty-first and June thirtieth of each fiscal year.

SECTION 190. Section 35D of chapter 10 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting in the first paragraph after the word "activities", in line 10, the words:- (4) or fines and penalties received on account of litigation or settlement thereof for a violation of chapter one hundred and thirty-one A or the regulations promulgated thereunder.

SECTION 191. Chapter 10 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after section 35K the following section:-

Section 35L. There shall be established upon the books of the commonwealth a separate fund to be known as the Division of Insurance Fund, to be expended, subject to appropriation, by said division established in section one of chapter twenty-six. Revenues collected by said division pursuant to section one hundred sixty-three of chapter one hundred seventy-five shall be deposited into said fund, to a maximum amount of two million dollars in fiscal year nineteen hundred and ninety-three. All monies collected pursuant to said section one hundred sixty-three in excess of two million dollars in fiscal year nineteen hundred and ninety-three shall be deposited into the General Fund. All monies deposited in said fund that are unexpended at the end of the fiscal year shall revert to the General Fund.

SECTION 192. Chapter 10 of the General Laws is hereby amended by inserting after section 35L, inserted by section 191, the following section:-

Section 35M. There shall be established upon the books of the commonwealth a separate fund to be known as the Board of Registration in Medicine Trust Fund to be used, without prior appropriation, by said board established in section ten of chapter thirteen. Forty percent of the revenues collected by said board shall be deposited into said trust fund. All monies deposited into said fund shall be expended exclusively by the board; provided, however, that any unexpended balance at the end of the fiscal year shall revert to the General Fund.

SECTION 193. Section 39 of said chapter 10, as so appearing, is hereby amended by striking out the text in lines 25 through 31 and inserting in place thereof the following:-

(b) Three-fifths of all such sums received shall be credited to the General Fund.

(c) Any unappropriated balance remaining in the State Lottery Fund from the sums credited under subsection (a), as determined by the comptroller as of June first and December first of each year, shall be credited to the Local Aid Fund established under the provisions of section two D of chapter twenty-nine.

SECTION 194. Section 52 of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be, in the office of the state treasurer, but not subject to its control, a Massachusetts cultural council, hereinafter referred to in this section and sections fifty-three to fifty-eight, inclusive, as the council, consisting of fifteen members to be appointed by the governor from among qualified private citizens of the commonwealth who have demonstrated scholarship or creativity in, or distinguished service to, the arts, humanities, or interpretive sciences.

SECTION 195. Section 53 of said chapter 10, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The council shall promote excellence, access, education, and diversity in the arts, humanities, and interpretive sciences in order to improve the quality of life for all Massachusetts residents and to contribute to the economic vitality of its communities.

SECTION 196. Section 54 of said chapter 10, as so appearing, is hereby amended by striking out, in line 15, the words "arts lottery" and inserting in place thereof the word:- cultural.

SECTION 197. Section 56 of said chapter 10, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The council shall stimulate and encourage the arts, humanities and interpretive sciences within cities and towns by administering the distribution of the Arts Lottery Fund established under the provisions of section fifty-seven to the several cities and towns as hereinafter provided and providing guidance, advise, and assistance to local or regional cultural councils established under the provisions of section fifty-eight.

SECTION 198. Said section 56 of said chapter 10, as so appearing, is hereby further amended by striking out, in lines 8, 19, and 25 the words "arts lottery" and inserting in place thereof, in each instance, the word:- cultural.

SECTION 199. Said section 56 of said chapter 10, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- Funds not so certified shall, at the discretion of the council, be retained for the account of such local or regional cultural council, or expended or distributed by the council for the benefit of such one or more local regional cultural councils as the council may deem appropriate.

SECTION 200. Said section 57 of said chapter 10, as so appearing, is hereby amended by inserting after the word "six", in line 84, the word:- month.

SECTION 201. Section 57 of said chapter 10, as so appearing, is hereby amended by striking out in lines 78 and 79 the words "COMPACT Fund established by section two M of chapter twenty-nine" and inserting in place thereof the following words:- Local Aid Fund established by section two D of chapter twenty-nine.

SECTION 202. Said section 57 of said chapter 10, as so appearing, is hereby further amended by striking out the last two sentences and inserting in place thereof the following sentence:- The council may determine the time and the amount for the distribution of such funds as the council may deem necessary or desirable to carry out the purposes of sections fifty-six to fifty-eight, inclusive; provided, however, that each eligible city or town shall be eligible to receive an annual minimum of one thousand dollars, and provided further, that a portion as determined by the council of the amount allocated under clause (a) above shall be utilized by the council for a program to assist Massachusetts school children to attend commercial or nonprofit cultural programs or events.

SECTION 203. Said chapter 10 is hereby further amended by striking out section 58 and inserting in place thereof the following section:-

Section 58. Any city or town may establish a local cultural council and any consortium of cities and towns, with the approval of the council, may establish a regional cultural council. Local cultural councils shall consist of at least five and not more than twenty-two members to be appointed by the mayor of a city, the city manager in a city having a Plan D or E form of government, the board of selectmen of a town or the executive officer in a town having a town council form of government.

Regional cultural councils shall consist of an equal number of members to be appointed from each city or town within the consortium in the manner herein described. The regional cultural council may adopt, at its option, a proportional membership consistent with the population of each municipality; provided, however, that each municipality shall have at least one member; and provided, further, that the adoption of such option shall be by a two-thirds vote of the regional cultural council. Notwithstanding any provisions to the contrary, if the council deems it necessary or desirable in order to carry out the purposes of this section and sections fifty-six and fifty-seven, the council may certify for payment in accordance with the provisions of section fifty-six those applications for funds received from any local or regional cultural councils whose composition is determined by the council as not complying with the provisions of this section, provided that upon notice of such noncompliance, such local or regional cultural council, or its appointing authority, as the case may be, either cures such noncompliance or provides certification satisfactory to the council of how and by when such compliance will be achieved.

Members of the local and regional cultural council shall be appointed for staggered terms of three years and any such member shall not be appointed to more than two consecutive terms. Members shall have demonstrated scholarship or creativity in, or distinguished service to, the arts, humanities, or interpretive sciences.

Upon a vacancy, for any reason, the member's successor, if any, shall be appointed for a term of three years, and shall serve until the qualification of such member's successor. Members shall not be elected public officials. Members shall be considered to be special municipal employees for the purposes of chapter two hundred and sixty-eight A. For purposes of chapter two hundred and sixty-eight A, any local or regional cultural council member who is authorized thereby to make disclosure to such member's city or town clerk or appointing authority, or to request a determination from such member's appointing authority, or to seek approval from the local legislative body may in lieu thereof, disclose to, or seek such approval from the council, and the council is authorized to receive such disclosure and approve such exemptions. Local and regional cultural council members shall be classified as officers for purposes of section thirteen of chapter two hundred and fifty-eight. Members shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their duties. Local and regional cultural councils shall annually elect a chairman, secretary and treasurer.

Local and regional cultural councils may establish administrative units, but no such cultural council shall utilize more than five percent of the monies received from the State Arts Lottery Fund for administrative purposes, including member expenses.

Subject to rules, regulations, rulings or guidelines of the council, such local or regional cultural councils may decide the distribution of arts lottery funds or other funds that may be allocable to them, may also conduct other activities to promote and encourage the arts, may enter into contracts, subject to approval of town counsel or city solicitor as to form, and may do and perform any and all acts which may be necessary or desirable to carry out such powers and the purposes of sections fifty-six to fifty-eight, inclusive. Nothing in the provisions of section twenty-seven of chapter ten shall prevent a local or regional cultural council or an arts organization, or their agents or employees, from encouraging the sale of lottery tickets for the arts nor from being licensed as agents to sell lottery tickets for the arts. Notwithstanding the provisions of section fifty-three A of chapter forty-four, local and regional cultural councils may accept grants, contributions, gifts, bequests, devises, and other donations from all sources, including governmental bodies and shall deposit such monies and any other revenues, including revenues derived from local or regional cultural councils activities, in the revolving fund established under the provisions of this section. Funds received from sources other than the arts lottery fund may be disbursed at the discretion of the local or regional cultural council for the same purposes as arts lottery funds, including administrative expenses, provided, however, that the council may by rule, regulation, ruling or guideline establish further clarification of such purposes as well as procedures to assure that such funds are so used.

Notwithstanding the provisions of section fifty-three of chapter forty-four, any city, town or consortium of cities and towns otherwise pursuant to the provisions of section four A of chapter forty, shall establish in the city or town treasury, or in one of the cities or towns in the consortium a revolving account which shall be kept separate and apart from all other monies by the treasurer and in which shall be deposited all receipts from the state arts lottery fund, distributed under the provisions of section fifty-six, and any other receipts or donations to the local or regional cultural council authorized by law. A treasurer of a city, town or regional consortium as custodian may invest such portion of cash as deemed not required until such funds are to be expended and in such investments as are authorized under the provisions of section fifty-five of chapter forty-four. All such funds, including interest earned thereon, may be expended at the direction of the local or regional cultural council, without further appropriation, and such council may establish a subcommittee of no less than two members and may delegate thereto its authority to approve all payrolls, bills, requests for payment, or accounts prior to submission to the accountant, auditor or official performing similar functions; provided, however, that such subcommittee shall make available to such council at its next meeting, a record of such actions of such subcommittee; and provided further, however, that such funds as shall not have been expended twelve months after receipt shall be segregated and subject to further appropriation by the mayor, city council, city manager, board of selectmen or town manager for the purposes provided in sections fifty-six to fifty-eight inclusive. The city auditor, town accountant, or officer having similar duties, shall submit annually a report of said, revolving fund to the mayor, city council, city manager, board of selectmen, or town manager for their review and a copy of said report shall be submitted to the director of the bureau of accounts and the council.

SECTION 204. Section 8F of chapter 12 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 36 through 38, the words, "There shall be a filing fee of twenty-five dollars for each report, to be paid to the division at the time of filing" and inserting in place thereof the following sentence:- For each report, a filing fee shall be paid to the division at the time of the filing in the following amount, based on the gross support and revenue received during the fiscal year covered by the report, as follows: (a) thirty-five dollars, if not more than one hundred thousand dollars; (b) seventy dollars, if more than one hundred thousand dollars but not more than two hundred and fifty thousand dollars; (c) one hundred and twenty-five dollars, if more than two hundred and fifty thousand dollars but not more than five hundred thousand dollars; (d) two hundred and fifty dollars, if more than five hundred thousand dollars.

SECTION 205. Said chapter 12, as so appearing, is hereby further amended by inserting after section eight M the following section:-

Section 8N. All fees, attorneys fees, costs, civil penalties and other monies received by the commonwealth pursuant to sections eight through eight M or sections eighteen through thirty-five of chapter sixty-eight shall be credited by the state treasurer to the General Fund.

SECTION 206. The second paragraph of section 4 of chapter 12A of the General Laws, as appearing in the 1990 Official Edition is hereby amended by adding the following sentence:- The inspector general may establish motor vehicle regulations for the officers and employees of the office of the inspector general and the provisions of section thirty-six of chapter thirty shall not apply to officers and employees with the office.

SECTION 207. Section 5 of said chapter 12A, as appearing in the 1990 Official Edition, is hereby amended by striking out in line 3 the words "attorney general" and inserting in place thereof the words "secretary of administration and finance".

SECTION 208. Section 1G of chapter 15 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 117, the word "committees" and inserting in place thereof the words:- house committee on ways and means.

SECTION 209. Section 3 of chapter 15A of the General Laws, as amended by section 7 of chapter 142 of the acts of 1991, is hereby further amended by adding the following:-

(g) to seek, accept, establish and administer grants, gifts, awards, and trusts for public education from foundations, corporations, individuals, and federal agencies, and to develop guidelines as needed for the disbursement of such funds in accordance with applicable law and pursuant to the terms of the grant, gift, award or trust. These powers shall exist concurrently with similar powers exercised by the board of education and the higher education coordinating council.

SECTION 210. Section 19 of chapter 15A of the General Laws, as amended by section 7 of chapter 142 of the acts of 1991, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Such guidelines (i) shall establish institutional waiver allocation formulas and eligibility requirements, including needs criteria, for designated waiver programs, (ii) shall provide full or partial tuition waivers for specific categories of students designated by the council which may include veterans, armed forces personnel, senior citizens, and graduate students, (iii) may provide full or partial waivers for additional categories of students not included in clause (ii), and (iv) may provide full or partial waivers of tuition or fees for undergraduate programs, summer sessions, evening classes, or any specific courses or set of courses.

SECTION 211. Said chapter 15A, as so amended, is hereby further amended by adding after section 36 the following section:-

Section 37. (a) The various public institutions of higher education of the commonwealth, including therein the University of Massachusetts, the state colleges and the community colleges of the commonwealth, are hereby authorized to establish foundations for the individual institutions and corresponding endowment funds. Said endowment funds shall receive revenue from charitable gifts and donations, and may be used for purposes of the endowed institution; provided, that such expenditures shall conform to any restrictions imposed by the charitable donor.

(b) Any foundation created under the authority of this section shall be a corporation within the meaning of clause (c) of section two of chapter one hundred and eighty, and said corporation shall be governed by the provisions of said chapter one hundred and eighty except as hereinafter provided. A foundation created under the authority of this section shall be organized and operated exclusively for the benefit of an institution of public higher education, and shall be certified by the board of trustees of the institution which it supports to be operating in a manner consistent with the goals of the institution. Any foundation which is not so certified or whose certification has been revoked by the board of trustees of the institution which it supports shall not use the name of said institution in the foundation's name and for fund raising, and shall not be considered authorized under the provisions of this section.

(c) Each foundation for the individual institution shall have a governing board to oversee its operation. The president of the institution or his designee, two members of the board of trustees of the institution, and a faculty member elected by the faculty of the institution pursuant to election procedures approved by the board of trustees of the institution shall all be members of the governing board of the foundation. In no event shall institutional trustees, employees and alumni constitute one-half or more of the membership of such foundation's governing board. The governing board of each foundation shall annually file a list of the members and officers of such board with the institution's board of trustees and with the higher education coordinating council.

(d) The board of trustees of a institution which it supports is authorized to permit the use without compensation of facilities and personnel services of the institution by the foundation; provided, however, that in no event shall any employee of the institution spend more than twenty-five percent of his work hours engaged in services for a foundation.

(e) All gifts from a foundation to an institution shall be approved for acceptance by the board of trustees, in accordance with applicable institutional policies. Any person soliciting funds or any other thing of value on behalf of a foundation from a person, firm, corporation or other entity shall at the time of the solicitation clearly and conspicuously disclose to the potential donor that the donations are to be provided to the foundation and not to an institution or to the higher education coordinating council, and that the donor may request in writing that the donor's identity not be publicly disclosed.

(f) Each foundation shall provide an annual report of its financial accounts in the form, and containing the information, required by regulations promulgated by the higher education coordinating council. The foundation shall provide a copy of such report to the board of trustees of the institution which it supports and to the council. The board of trustees and the council may require any supplemental data relative to the operations of the foundation which the board or council request. The identity of donors who wish to remain anonymous shall be protected, and the anonymity of such donors shall be maintained in all audit reports. The annual financial report, when received by a board of trustees or the council, shall be considered a public record as defined in clause twenty-six of section seven of chapter four.

(g) The state auditor shall have the authority to audit a foundation upon request by the higher education coordinating council or upon his own initiative. Such an audit may include but shall not be limited to an examination of transfers to or expenditures from foundation accounts of public funds; use of employees paid with public funds to staff the foundation; the existence of contracts or agreements between a foundation and an institution; an examination of books and records of the foundation as the auditor deems necessary and appropriate.

(h) A foundation authorized under the provisions of this section shall not be deemed to be an agency, board, bureau, department, division, commission, authority or other subdivision of the commonwealth. Members of the governing board of a foundation who are not already state employees shall not be considered to be state employees or public employees for the purposes of chapter two hundred and sixty-eight A and two hundred and sixty-eight B.

SECTION 212. Chapter 15C of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after section 5B the following section:-

Section 5C. The Authority is hereby authorized to develop and establish a comprehensive state-supported supplemental education loan program. Such program shall consist of medium and long-range fixed rate and variable rate loan programs, programs structured to operate as a line of credit, and other programs and options as the authority may determine to be useful and feasible. Such programs shall be at effective rates of interest and other terms, to the extent feasible and to the extent funds are appropriated by the commonwealth therefor, more attractive than prevailing rates and more attractive than other terms available from conventional supplemental education lenders.

The Authority's program shall be developed and operated in conjunction with participating institutions of higher education and shall be designed to assist such institutions in attracting and retaining students. Such program shall be designed so as to maximize the amount of funds available for loans by leveraging amounts appropriated by the commonwealth with private sector financing and by operating in conjunction with such private activity tax-exempt bond cap as may be allocated by the commonwealth. Such program shall include, to the maximum extent feasible and subject to the appropriation of funds by the commonwealth, loans available on affordable terms to families or individuals who, because of a high debt-to-income ratio, may otherwise be ineligible for credit-based supplemental education loans.

The Authority shall design such comprehensive program, and make the public aware of it, in such manner as to provide assistance to as many qualified students and to as many institutions of higher education as possible. Funds appropriated by the commonwealth to the authority for the purpose of this section shall be applied by the Authority solely to the reasonable and necessary development costs of its programs and to the funding of reasonable and necessary reserves and other security arrangements for its programs, all, to the extent feasible, in such manner as to develop over time a self-replenishing permanent source of education loan funding.

SECTION 213. Section 2 of chapter 18 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 85 to 87, the words "approved by the house and senate committees on ways and means of the general court", and inserting in place thereof the words:- filed thirty days prior to the effective date of such rules or regulations with the house and senate committees on ways and means and approved by said house ways and means committee.

SECTION 214. Section 1 of chapter 18A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended, in line 4, by striking out the words "human services" and inserting in place thereof the following words:- public safety.

SECTION 215. Section 3 of said chapter 18A, as so appearing, is hereby amended, in line 2, by striking out the words "human services" and inserting in place thereof the following words:- public safety.

SECTION 216. Section 9 of said chapter 18A, as so appearing, is hereby amended by striking out, in lines 11 and 12, 17, and 18, in each instance, the words "human services" and inserting in place thereof, in each instance, the following words:- public safety.

SECTION 217. Section 1 of chapter 19C of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the definition for "Disabled person" and inserting in place thereof the following definition:-

"Disabled person", a person between the ages of eighteen and fifty-nine, inclusive, who is mentally retarded, as defined by section one of chapter one hundred and twenty-three, or who is otherwise mentally of physically disabled and as a result of such mental or physical disability is wholly or partially dependent on others to meet his daily living needs; or any person over the age of eighteen who is mentally retarded, otherwise mentally disabled or physically disabled, and who resides in a state school, state hospital or any residential setting operated by a private agency which provides services to disabled persons, or have as their caretaker a state agency, as defined in this section.

SECTION 218. Said section 1 of said chapter 19C, as so appearing, is hereby further amended by striking out the definition:- "General counsel" or "counsel",.

SECTION 219. Said section 1 of said chapter 19C, as so appearing, is hereby further amended by inserting after the words "police officer" in line 28 the following words:- , firefighter, emergency medical technician, correctional officer.

SECTION 231. Section 3 of said chapter 19C, as so appearing, is hereby amended by striking out clauses (c) and (d), and inserting in place thereof the following clauses:-

(c) to provide for the investigation of alleged abuse of disabled persons and, as necessary, for the development of plans for the provision of protective services, pursuant to section four;

(d) to ensure that protective services are furnished by other state agencies in accordance with section six;.

SECTION 232. Said section 3 of said chapter 19C, as so appearing, is hereby further amended by striking out clause (h).

SECTION 233. Section 4 of said chapter 19C, as so appearing, is hereby amended in clause (b), by striking out, in line 11, the words "a state agency" and inserting in place thereof the following:- either a state agency or other than a state agency.

SECTION 234. Said section 4 of said chapter 19C, as so appearing, is hereby further by striking out, in lines 12 through 19, the words, "commission and the general counsel of the office of the secretary of human services, or his designee, within such office and to the department within the executive office of human services which provides or which has contracted for the provision of services to the disabled person. Said department shall investigate such abuse as provided in section five, subject to the oversight of said office and the commission and subject to the power of the commission to conduct its own investigation" and inserting in place thereof the following:- commission. Said investigator shall investigate such abuse as provided in section five, subject to the oversight of the commission.

SECTION 235. Said section 4 of said chapter 19C, as so appearing, is hereby further amended by striking out clause (c).

SECTION 236. Section 5 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 2 and 3, the following words:- ", the general counsel, or a department within the executive office of human services".

SECTION 237. Said section 5 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the following words:- ", counsel or department of mental health or department of public health".

SECTION 238. Said section 5 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the following words:- ", to the general counsel and to the department of mental health and the department of public health".

SECTION 239. Said section 5 of said chapter 19C, as so appearing, is hereby further amended, by striking out, in lines 21 and 22, the following words:, ", the general counsel, the department of mental health and the department of public health".

SECTION 240. Clause (3) of said section 5 of said chapter 19C, as so appearing, is hereby further amended by adding the following sentence:- If said findings indicate that there is reasonable cause to believe that abuse of a disabled person by a caretaker has occurred, then said recommendations shall include a plan for the provision of protective services, in accordance with section six.

SECTION 241. Said section 5 of said chapter 19C, as so appearing, is hereby further amended, by striking out, in line 27, the following words:- "the general counsel,".

SEction 242. Said section 5 of said chapter 19C, as so appearing, is hereby further amended by adding the following clause:-

(5) If, upon receipt of a report of abuse of a disabled person, or upon receipt of a written determination and evaluation prepared and forwarded to the commission pursuant to the provisions of clause (1), there is reasonable cause to believe that any of the following conditions exist, then, notwithstanding any provisions of chapter sixty-six A regarding personal data, the commission shall immediately report such conditions and forward said investigation and evaluation report, together with any other materials or information which the commission has obtained or received and which are relevant to the alleged abuse, to the district attorney for the county in which the abuse is alleged to have occurred; provided, that no person providing notification or information to a district attorney or providing testimony in court pursuant to this section, shall be liable in any civil or criminal action by reason of such notification, information or testimony, unless said person has recklessly, knowingly or maliciously provided false information:

(a) a disabled person has been sexually abused or raped, or assaulted or battered, as defined in chapter two hundred and sixty-five;

(b) a disabled person has suffered brain injury, loss or substantial impairment of a bodily function or organ, or substantial disfigurement;

(c) a disabled person has suffered serious bodily injury as a result of a pattern of repetitive actions or inactions by a caretaker.

SECTION 243. Section 6 of said chapter 19C, as so appearing, is hereby amended, by striking out, in lines 1 through 7, the following words: ", acting through state agencies within the executive office of human services designated by the commission, for the purpose of furnishing protective services, the general counsel acting through state agencies within the executive office of human services designated by the secretary of human services for the purposes of furnishing protective services, the department of mental health and the department of public health".

SECTION 244. Said section 6 of said chapter 19C, as so appearing, is hereby further amended by striking out, in line 9, the words, "counsel or department".

SECTION 245. Section 7 of said chapter 19C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- If the commission has reasonable cause after initiation of an investigation to believe that a disabled person is suffering from abuse and lacks the capacity to consent to the provision of protective services, such commission may petition the probate and family court for the county, or the district court for the judicial district, in which the disabled person resides or is located if he has left his residence to avoid abuse, for a finding that the disabled person is incapable of consenting to the provision of protective services.

SECTION 246. Said section 7 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 9, 33, 34, 37 and 62, in each instance, the following words:- ", counsel or department".

Section 247. Said section 7 of said chapter 19C, as so appearing, is hereby further amended by striking out, in line 38, the word "court" and inserting in place thereof the following:- probate and family court for the county, or the district court for the judicial district, in which the disabled person resides, or is located if he has left his residence to avoid abuse.

SECTION 248. Section 11 of said chapter 19C, as so appearing, is hereby amended by striking out, in line 2, the words, "threaten" and inserting in place thereof the following words:- thereafter take any other retaliatory action against.

SECTION 249. Section 11 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 5 through 8, the following words:- ", the general counsel or the secretary of human services, the department of mental health or the department of public health or any department within the executive office of human services".

SECTION 250. Said section 11 of said chapter 19C, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- Any person who takes such prohibited action against any such employee, client or other person shall be liable to said employee, client or other person, for treble damages, costs and attorney's fees.

SECTION 251. Section 12 of said chapter 19C, as so appearing, is hereby amended by striking out, in line 10, the following words:- ", in consultation with the secretary of human services".

SECTION 252. Said section 12 of said chapter 19C, as so appearing, is hereby further amended by striking out the third and fourth sentences.

Section 253. Said section 12 of said chapter 19C, as so appearing, is hereby further amended by adding the following sentence:- Law enforcement agencies whose investigations are being monitored by the commission shall cooperate with the commission in its monitoring duties, in order that the commission may fulfill its responsibilities under this chapter.

section 254. Said chapter 19C, as so appearing, is hereby further amended by adding the following two sections:-

Section 13. The commission, for the purpose of carrying out its responsibilities under this chapter, shall have access to the following data: criminal offender record information, as defined in section one hundred and sixty-seven of chapter six, and autopsy reports and related records in the possession of the chief medical examiner, in cases involving the deaths of disabled persons.

Section 14. Upon the death of any disabled person whose caretaker was a state agency or an agency of any subdivision of the commonwealth or a private agency contracting with the commonwealth, said caretaker shall immediately verbally notify the commission and local law enforcement officials of such death, and shall forward to the commission and local law enforcement officials a written report of such death within twenty-four hours of its occurrence. Said report shall contain the name of the disabled person, the name of the facility in which that person resided, and the facts and circumstances of the death. The commission shall take all appropriate measures regarding the report, including investigating the death, and shall determine whether the cause of the death is related to abuse. If it determines there are reasonable grounds to believe the death is related to abuse, the commission shall conduct further investigation.

section 255. Section 9B of chapter 30 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by adding the following paragraph:-

It shall be deemed that there is just cause to discipline or discharge an employee of the commonwealth, if it is determined by a preponderance of the evidence that such employee abused a person with a disability in the care of the commonwealth, including but not limited to the department of mental health, department of mental retardation, department of public health, department of social services, department of corrections, department of youth services, department of education and Bridgewater state hospital. For the purposes of this section, abuse includes, but is not limited to, the following:

(1) any non-accidental act or omission that results in physical or emotional injury to the disabled person;

(2) non-accidental, unauthorized physical aggression;

(3) verbal harassment; and

(4) sexual harassment.

In any disciplinary proceeding pursuant to this section, chapter thirty-one or chapter one hundred and fifty E, the report of an investigation of abuse shall be admissible into evidence for the truth of the matters asserted therein. The credibility of any witness or the veracity of any witness' statements given at such a disciplinary proceeding may not be challenged solely on the basis of his disability.

SECTION 256. Section 6F of chapter 21 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the first six paragraphs, and inserting in place thereof the following paragraph:-

If the director, his assistant or any environmental police officer, deputy environmental police officer, member of the state or metropolitan district police, local police officer, local town law enforcement official in shellfish beds over which he has jurisdiction, or harbormaster acting pursuant to authority arising under chapter ninety B, determines that a violation of any of the following sections has occurred or is occurring, he may cite the violator pursuant to the civil infraction procedure in chapter ninety G as an alternative to commencing a criminal prosecution: section four A of chapter twenty-one, or the regulations promulgated pursuant to sections four A or seventeen A of chapter twenty-one; sections two, three, four, five, five A, six, seven, subsections (b), (c) and (e) of section eight, subsection (b) of section nine, sections nine A, twelve, twelve A, or thirteen A, of chapter ninety B, or the rules or regulations promulgated pursuant to said sections two, five or five A; sections seventeen A, thirty-three through forty-one A, inclusive, forty-four, forty-seven, fifty-one, sixty-seven through seventy-two, inclusive, seventy-five, eighty through eighty-two, inclusive, ninety-two, ninety-five, one hundred, one hundred A or one hundred C of chapter one hundred and thirty; sections one, five, six, eight, ten, eleven, thirteen, sixteen, nineteen A, twenty-three through twenty-five, inclusive, twenty-six, twenty-six A, twenty-seven, twenty-eight, thirty, thirty-two, thirty-three, thirty-six, thirty-eight, forty-four, forty-seven, forty-nine through fifty-four, inclusive, fifty-seven, fifty-eight, fifty-nine, sixty-five, sixty-six, sixty-seven, sixty-nine, seventy, seventy-one, seventy-two, seventy-five A, seventy-six, seventy-seven, seventy-nine, eighty, eighty A, or eighty-two of chapter one hundred and thirty-one; the regulations promulgated pursuant to section seven of chapter one hundred thirty-two A; or the rules and regulations of the division of fisheries and wildlife regulating activity on land under the management of such division.

SECTION 257. Said section 6F of said chapter 21, as so appearing, is hereby further amended by striking the seventh paragraph and inserting in place thereof the following:-

The director, his assistants, any environmental police officers, deputy environmental police officers, members of the state police, members of the metropolitan district police, local police and shellfish constables in areas of their respective jurisdiction empowered to enforce the aforesaid sections may seize any fish, birds, or mammals unlawfully taken or held which shall be forfeited to the commonwealth and disposed of by the director for the best interests of the commonwealth.

SECTION 258. Said section 6F of said chapter 21, as so appearing, is hereby amended by striking out the ninth paragraph and inserting in place thereof the following paragraph:-

All fines, penalties and forfeitures in actions under this section or established pursuant to section two of chapter 90G of the General Laws shall be paid to the general fund of the city or town in which the violation occurred; provided, that if the complaining officer is receiving compensation from the commonwealth, such fines, penalties and forfeitures shall be paid to the Environmental Law Enforcement Fund established pursuant to section six I of chapter twenty-one. At the beginning of each fiscal year, the division of law enforcement shall pay to each of the following from the Environmental Law Enforcement Fund: (1) the Inland Fisheries and Game Fund an amount equivalent to the sum of all fines, penalties and forfeitures received by the division of law enforcement during the previous fiscal year for violations of chapter one hundred and thirty-one or regulations promulgated thereunder, if the complaining officer is an environmental police officer; and (2) the department of environmental management an amount equivalent to the sum of all fines, penalties and forfeitures received by the division of law enforcement during the previous fiscal year, if the complaining officer is a chief park ranger or a park ranger, in addition to those fines, penalties and forfeitures imposed pursuant to section sixteen of chapter two hundred and seventy.

SECTION 259. The tenth paragraph of said section 6F of said chapter 21, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:- The director is hereby authorized to charge a reasonable fee for such citation forms in accordance with the provisions of section three B of chapter seven.

SECTION 260. Chapter 21 of the General Laws, is hereby further amended by striking out section 6G.

SECTION 261. Section 6I of chapter 21 of the General Laws, as inserted by section 83 of chapter 33 of the acts of 1991, is hereby amended by striking out, in lines 4 and 5, the words "sections six F and six G of chapter twenty-one and sections three, twenty-two and thirty-six of chapter ninety B" in the first sentence, and inserting in place thereof the words:- six F of chapter twenty-one and sections three, fourteen, twenty-two and thirty-six of chapter ninety B, section two of chapter ninety G.

SECTION 262. Said section 6I of said chapter 21, as so inserted, is hereby further amended by adding at the end thereof the following paragraph:-

At the beginning of each fiscal year the division of law enforcement shall pay to the Inland Fisheries and Game Fund an amount equivalent to the sum of all criminal fines or criminal penalties received by the division of law enforcement during the previous fiscal year for violations of chapter one hundred and thirty-one or the regulations promulgated thereunder, if the complaining officer was an environmental police officer.

SECTION 263. Section 37 of chapter 21 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended in lines 50 and 51, by striking out the words "Categorical Grants Fund" and inserting in place thereof the words:- Local Aid Fund.

SECTION 264. Said section 37 of said chapter 21, as so appearing, is hereby further amended, in lines 63 and 64 by striking out the words "Categorical Grants Fund" and inserting in place thereof the words:- Local Aid Fund.

SECTION 265. Section 37A of said chapter 21, as so appearing, is hereby amended by striking out, in line 1, the word "division" and inserting in place thereof the words:- department of environmental management, in this section referred to as the department,.

SECTION 266. Said section 37A of said chapter 21, as so appearing, is hereby further amended by striking out, in lines 5, 13, 19, 22, 24, 28, 32, 37 and 41, in each instance, the word "division" and inserting in place thereof in each instance the word:- department.

SECTION 267. Section 43 of said chapter 21, as so appearing, is hereby amended by striking, in line 46, the words "by regulation".

SECTION 268. Said section 43 of said chapter 21, as so appearing, is hereby further amended by striking, in lines 47 and 48, the words "and rules governing the filing of such forms by the various categories of applicants".

SECTION 269. Section 7 of chapter 21A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the fourth sentence the following:-

The commissioner of each department may adopt reasonable regulations to allow those employees within his department to testify in civil proceedings so as to further the performance of the department's business.

SECTION 270. Chapter 21A of the General Laws, is hereby amended by inserting after section 18 the following eleven sections:-

Section 19. As used in this section, and in sections nineteen A through nineteen J, inclusive, the words "final remedial response plan", "hazardous material", "imminent hazard", "interim remedial response", "oil", "permanent solution", "person", "release", "respond", "response", "response action", "short term measure", "site", "temporary measure", "threat of release", and "vessel" shall, unless the context clearly requires otherwise, be defined and used the same way they are defined and used in chapter twenty-one E, and the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Board", the board of registration of hazardous waste site cleanup professionals, established pursuant to section nineteen A.

"Department", the department of environmental protection.

"Waste site cleanup activity opinion", a professional opinion, excluding legal advice or a legal opinion, that is related to one or more response actions as set forth in this definition. A waste site cleanup opinion shall not be relied on as sufficient to protect public health, safety, welfare, or the environment, unless such opinion is rendered by a hazardous waste site cleanup professional licensed pursuant to sections nineteen through nineteen J, inclusive, who (a) is qualified by appropriate education, training, and experience, and (b) has either (1) (i) in the case of an opinion related to an assessment, managed, supervised or actually performed such assessment, or (ii) periodically observed the performance by others of such assessment; or (2) in the case of an opinion related to a containment or removal action, has either (i) managed, supervised, or actually performed such action, or (ii) periodically review and evaluated the performance by others of such action, to determine whether the completed work has complied with the provisions of chapter twenty-one E and the Massachusetts Contingency Plan promulgated pursuant to said chapter. Such an opinion shall include, without limitation, an opinion as to whether (1) any one or more of the following is adequate to protect public health, safety, welfare, and the environment and to comply with the provisions of said chapter twenty-one E and all other laws, regulations, orders, permits, and approvals applicable to such response action or response actions: an assessment, short term measure, interim remedial response, temporary measure, final remedial response plan, or permanent solution; or (2) a permit is required for a response action pursuant to the provisions of said chapter twenty-one E; or (3) if a permit is required pursuant to the provisions of said chapter twenty-one E, whether or not the permit application has been prepared in compliance with the provisions of said chapter twenty-one E and the Massachusetts Contingency Plan promulgated pursuant to said chapter; or (4) public participation activities required of persons other than the department pursuant to subsection (a) of section fourteen of said chapter twenty-one E have been conducted in compliance with the provisions of said chapter and all applicable regulations; or (5) one or more response actions constitute a temporary or permanent solution pursuant to the provisions of said chapter twenty-one E; or (6) any other opinion that, pursuant to subsection (e) of section three of said chapter twenty-one E, may be rendered only by a hazardous waste site cleanup professional licensed pursuant to sections nineteen through nineteen J, inclusive. This term shall not include the providing of legal advice or of a legal opinion by an attorney.

"Hazardous waste site cleanup professional", an individual who, by reason of appropriate education, training, and experience, is qualified, as attested by being licensed by the board, to render waste site cleanup activity opinions that can be relied on as sufficient to protect public health, safety, welfare, and the environment.

Section 19A. There is hereby established within the executive office of environmental affairs the board of registration of hazardous waste site cleanup professionals. The board shall consist of eleven members. One member, who shall be the chairman of the board, shall be the commissioner of the department or his designee; provided, that said designee shall be a full-time employee of the department at all times while he is so designated. The governor shall appoint the other ten members of the board, who shall be the following: five shall be hazardous waste site cleanup professionals licensed by the board at all times while they are members of the board effective one year after the date of publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B; provided, however, one such licensed hazardous waste site cleanup professional shall be a full-time employee of a manufacturing firm engaged in the utilization of hazardous materials and one other such licensed hazardous waste site cleanup professional shall be a full-time employee of a firm engaged in the manufacturing and processing of petroleum products; three shall be members of statewide organizations that promote the protection of the environment at the time of appointments and who are knowledgeable with respect to issues involving responding to releases of oil and hazardous materials; one shall be a member of a labor organization who is knowledgeable with respect to issues involving responding to releases of oil and hazardous materials; and one shall be a hydrogeologist who is knowledgeable with respect to issues involving responding to releases of oil and hazardous materials and environmental protection. Until one year after the date of publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B, five environmental professionals who have knowledge and experience, and are presently engaged, in responding to releases of oil and hazardous materials shall serve in place of the five licensed hazardous waste site cleanup professionals; provided, however, that one such environmental professional shall be a full-time employee of a manufacturing firm engaged in the utilization of hazardous materials, and one other such environmental professional shall be a full-time employee of a firm engaged in the manufacturing and processing of petroleum products. The terms of the ten members of the board initially appointed by the governor shall expire one year after the date of publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B. The governor shall thereupon appoint two licensed hazardous waste site cleanup professionals to a one-year term beginning one year after the date of publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B, one licensed hazardous waste site cleanup professional to a two-year term beginning on said date, one licensed hazardous waste site cleanup professional to a three-year term beginning on said date; and one licensed hazardous waste site cleanup professional to a four-year term beginning on said date; one member from a statewide organization that promotes the protection of the environment to a two-year term beginning on said date, a member from a statewide organization that promotes the protection of the environment to a three-year term beginning on said date, and a member from a statewide organization that promotes the protection of the environment to a four-year term beginning on said date, the representative from the labor organization to a three-year term beginning on said date and the hydrogeologist to a four-year term.

Thereafter, the term of the ten members of the board appointed by the governor shall be four years. Each of the ten members of the board appointed by the governor whose term has expired shall continue to be members of the board until his successor is appointed and qualified, at which time the successor shall complete the unexpired portion of the term. The ten members of the board appointed by the governor shall serve without compensation.

Subject to appropriation, the secretary of the executive office of environmental affairs shall employ such staff and other persons as are required to assist him or the board or both in the performance of their functions or duties pursuant to sections nineteen through nineteen J, inclusive, including, without limitation, administrative law judges who may conduct adjudicatory proceedings held pursuant to sections nineteen through nineteen J, inclusive; provided, that the board shall make all final decisions in such adjudicatory proceedings.

Section 19B. (a) The board shall adopt, and may from time to time amend and repeal, regulations as it deems necessary for the implementation, administration, and enforcement of sections nineteen through nineteen J, inclusive. Said regulations shall be adopted, amended, or repealed pursuant to section two of chapter thirty A and all other provisions of chapter thirty A governing the adoption, amendment, and repeal of regulations. Said regulations shall include, without limitation, requirements for education, training, experience, and references and standards for professional conduct. Said standards shall be sufficiently stringent so that all waste site cleanup activity opinions rendered by all individuals meeting such standards and licensed by the board shall be rendered so that they protect public health, safety, welfare, and the environment.

(b) Without limiting the generality or applicability of the foregoing, by no later than January first, nineteen hundred and ninety-three, the board shall promulgate, in accordance with section two of chapter thirty A, and shall submit to the state secretary for publication in the Massachusetts Register, in accordance with sections five and six of chapter thirty A, regulations establishing standards for education, training, experience, and references that must be met by all individuals in order to thereafter be eligible to be licensed by the board as a hazardous waste site cleanup professional. By no later than January first, nineteen hundred and ninety-three, the board shall submit to the state secretary for publication in the Massachusetts Register, and the state secretary shall publish in the Massachusetts Register, in accordance with sections five and six of chapter thirty A, the notice required by section two of chapter thirty A and a draft of the regulations described in the preceding sentence.

Upon written request from an individual licensed by the board as a hazardous waste site cleanup professional, the board may render an advisory opinion interpreting one or more regulations promulgated by the board establishing standards for professional conduct. An opinion rendered by the board, until and unless amended or revoked, shall be a defense in a criminal action brought under sections nineteen through nineteen J, inclusive, and shall be binding on the board in any subsequent proceedings concerning the individual who requested the opinion and acted in good faith in reliance thereon, unless material facts were omitted or misstated by the individual in the request for an opinion. Such requests shall be confidential; provided, however, that the board may publish such opinions, but the name of the requesting individual and other identifying information shall not be included in such publication unless the requesting individual consents to such inclusion.

Notwithstanding any other general or special law to the contrary, no licensed hazardous waste site cleanup professional shall be liable to any other person for making any disclosure in good faith if such disclosure is required pursuant to any law or to any regulation or order of the board or of the department or of any agency of the United States, or of the commonwealth, or of any city or town or other body politic, or pursuant to any court order or judicial process.

Section 19C. The board may license individuals to be hazardous waste site cleanup professionals. Each application for an initial license or license renewal shall be accompanied by a fee established by the board that shall be set to cover all costs of processing the application, and each licensee whose license is valid for one year or more shall pay an annual fee that shall be set to cover all costs of administering and enforcing sections nineteen through nineteen J, inclusive, and shall otherwise be set in accordance with the provisions of section three B of chapter seven. The board may deny an application for an initial license or for a license renewal, or suspend or revoke a license, at any time for cause. The board may grant an application for an initial license or for a license renewal, and may allow a license to remain in effect, only if and while the board is persuaded that the applicant for or holder of the license is in compliance, and will be in compliance routinely and on a continuing basis, with all standards and requirements applicable to hazardous waste site cleanup professionals. Each license issued pursuant to sections nineteen through nineteen J, inclusive, shall be issued only to an individual, shall be valid only for the individual to whom it is issued, and may not be transferred. Each license issued pursuant to sections nineteen through nineteen J, inclusive, shall be for a period not to exceed five years, unless a shorter term is specified therein, or unless sooner suspended or revoked. Any individual whose application for an initial license or for a license renewal is denied, or whose license is revoked, may be barred by the board from applying for a license for a period of not more than five years. The term during which reapplication is barred shall be established as part of the determination or decision of the board in the proceedings concerning the denial or revocation.

The board shall cause notice of each license application, approval, denial, suspension, or revocation, or the lifting or termination of each license suspension, and of each public censure and private censure, and of the results of all adjudicatory proceedings thereon, to be given to the department promptly and in whatever ways are necessary in order to enable the department to promptly and properly exercise its powers and perform its duties pursuant to the provisions of this chapter, chapter twenty-one E, and all other applicable laws. The board shall not approve an application for an initial license or for a license renewal until at least thirty days after the department has received said notice, or until the department has notified the board in writing that it has no objection to the approval of the application, whichever occurs first.

Section 19D. Effective on and after one year after publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B, no person shall be, or act as, or advertise as, or hold himself out to be, or represent himself as being, a hazardous waste site cleanup professional unless that person is in possession of a valid license issued by the board.

The provisions of sections nineteen through nineteen J, inclusive, and of chapter twenty-one E, and regulations promulgated pursuant thereto, shall not restrict or prohibit and shall not be construed as restricting or prohibiting any person who is a full-time employee or may become a full-time employee of a person who is or may potentially be an owner or operator as defined in said chapter twenty-one E or of a person who is or may potentially be liable pursuant to the provisions of said chapter twenty-one E from being licensed as a hazardous waste site cleanup professional if so qualified pursuant to standards established, through regulation, by the board. The provisions of section nineteen through nineteen J, inclusive, and of chapter twenty-one E, and regulations promulgated thereto, shall not restrict or prohibit and shall not be construed as restricting or prohibiting any such full-time employee, if so licensed, from undertaking any activity permitted by regulations for hazardous waste site cleanup professionals at the request of such employee's employer.

Section 19E. Personnel or authorized agents of the board or of the department may at all reasonable times enter any known or suspected site, vessel, or other location, whether public or private, for the purpose of investigating, sampling, inspecting, or copying any records, condition, equipment, practice, or property relating to activities subject to sections nineteen through nineteen J, inclusive. Personnel or authorized agents of the board may and shall seek a warrant authorizing such entry whenever they wish to enter any location and either they do not wish to ask permission for such entry first or permission for such entry has been sought and refused. Any court, judge, or justice authorized to issue warrants in criminal cases may issue such warrants authorizing such entry by personnel or authorized agents of the board upon a showing that such entry is necessary to allow the board to carry out its regular procedures for verifying compliance with sections nineteen through nineteen J, inclusive, and the regulations promulgated by the board pursuant to sections nineteen through nineteen J, inclusive.

Where necessary to ascertain facts relevant to, or not available at, such site, vessel, or other location, any person shall, upon request of any officer, employee, or duly authorized representative of the board or of the department, furnish information relating to activities subject to sections nineteen through nineteen J, inclusive, and shall permit said officers, employees, or authorized representatives to have access to, and to copy, all records relating to said activities.

In the event that the board or the department has reason to believe that any person has made fraudulent representations to the board or the department or has destroyed or concealed evidence relating to any activity subject to sections nineteen through nineteen J, inclusive, the board or the department may seize any records, equipment, property, or other evidence it deems necessary.

Any monetary claims against an employee of the commonwealth based on non-compliance with sections nineteen through nineteen J, inclusive, including any claim based on a failure to use due care in the execution of his duties as a licensed hazardous waste site cleanup professional, shall be limited to actions brought under the provisions of chapter two hundred and fifty-eight.

Section 19F. Whenever it appears that there is a violation of any provision of sections nineteen through nineteen J, inclusive, or of any regulation, license, or order issued or adopted thereunder, the board may issue to a person causing or contributing, or likely to cause or contribute, to such violation an order requiring the production or analysis of samples, requiring the production of records, or imposing such restraints on or requiring such action by said person, as the board deems necessary to abate or prevent such hazard or violation. Issuance of an order pursuant to this section shall not preclude, and shall not be deemed an election to forego, any action to suspend or revoke a license, to recover damages, or to seek injunctive relief, civil or criminal penalties, or any other remedy.

The board shall cause notice of each order, and of the results of all adjudicatory proceedings thereon, to be given to the department as promptly as necessary and in whatever ways are necessary in order to enable the department to promptly and properly exercise its powers and perform its duties pursuant to the provisions of this chapter, chapter twenty-one E, and all other applicable laws.

Section 19G. (1) The board may assess a civil administrative penalty on a person who fails to comply with any provision of any regulation, order, or license issued or adopted by the board, or with any provision of sections nineteen through nineteen J, inclusive, subject to the following requirements:

(a) In all cases, such noncompliance occurred after the board had given such person written notice of such noncompliance, and after reasonable time, as determined by the board and stated in said notice, has elapsed for coming into compliance; provided, that the board may assess such penalty without providing such written notice if such failure to comply: (i) was part of a pattern of noncompliance and not an isolated instance, or (ii) was willful and not the result of error, or (iii) resulted in significant impact on public health, safety, welfare, or the environment. For the purpose of determining whether noncompliance was part of a pattern of noncompliance and not an isolated instance, the board shall consider, but not be limited to, the following: whether or not the board had previously notified the person of any noncompliance on two occasions during the previous four-year period, or of any noncompliance with the same provision of a law, regulation, order, or license as the current noncompliance during the previous five-year period; and whether or not the current and previous noncompliances, considered together, indicate a potential threat to public health, safety, welfare, or the environment or an interference with the ability of the board to efficiently and effectively administer the board's programs or to enforce any regulation, order, or license the board has issued or adopted or any provision of sections nineteen through nineteen J, inclusive. If a person who has received a notice of noncompliance fails to come into compliance within the time period stated in such notice, the civil administrative penalty may be assessed by the board upon such person from the date of receipt of such notice.

(b) All other provisions of section sixteen shall apply to all administrative and judicial proceedings for the assessment of civil administrative penalties pursuant to this section, except that for each day a violation occurs or continues, the civil administrative penalty for such violation shall not exceed one thousand dollars. This remedy shall be in addition to any other provided by law.

(c) In addition to the requirements set forth in paragraphs (a) and (b), the following additional requirements shall apply to all noncompliance except noncompliance with section nineteen D:

(i) No notice of intent to assess a civil administrative penalty shall be issued until the person to whom the notice is intended to be issued has been given an opportunity to informally discuss the alleged noncompliance with the board. Such informal discussion shall not be an adjudicatory proceeding and shall not be subject to those provisions of chapter thirty A governing adjudicatory proceedings;

(ii) In every proceeding involving assessment of a civil administrative penalty, the person on whom the civil administrative penalty is assessed shall have the right to choose to either pay the full amount of the civil administrative penalty or attend and successfully complete a course of remedial education prescribed by the board if the board assesses the civil administrative penalty. If the person on whom the civil administrative penalty is assessed chooses to, but does not, attend and successfully complete the course of remedial education prescribed by the board, the person on whom the civil administrative penalty is assessed shall pay the full amount of the civil administrative penalty, plus interest calculated from the date on which he chose to attend the course of remedial education.

(iii) Notwithstanding any provision of subsection (b) to the contrary, the total amount of a civil administrative penalty subject to this subsection (c) shall not exceed, in the aggregate, one thousand dollars.

(2) The board may issue a public censure or a private censure to a licensee at any time for cause.

Section 19H. Any person aggrieved by a determination by the board and who has legal standing to do so, may request an adjudicatory hearing before the board if the determination is made in an adjudicatory proceeding as that term is defined and used in chapter thirty A. Any such determination shall contain a notice of the right to request a hearing and may specify a reasonable time limit, not to exceed twenty-one days, within which said person shall request such hearing. If no such request is timely made, the determination shall be deemed assented to. If a timely request is received, the board shall, within a reasonable time, act upon such request. All adjudicatory proceedings before the board shall be conducted in accordance with all provisions of chapter thirty A governing the conduct of adjudicatory proceedings.

If in making a determination subject to this section, the board finds that an imminent threat to public health or safety or to the environment could result during the pendency of an adjudicatory proceeding, the board may order that the determination become provisionally effective and enforceable immediately upon issuance, and shall remain so notwithstanding and until the conclusion of the adjudicatory proceeding, unless the board orders otherwise during the course of the adjudicatory proceeding.

Any person aggrieved by a final decision of the board in an adjudicatory proceeding held pursuant to this section may obtain judicial review thereof pursuant to the provisions of chapter thirty A.

Section 19I. The superior court department of the trial court shall have jurisdiction to enjoin violations of, or to grant such additional relief as it deems necessary or appropriate to secure compliance with, the provisions of sections nineteen through nineteen J, or of any regulation, license, or order issued or adopted thereunder, upon the petition of the board, the department, or the attorney general.

Any monetary claims against an employee of the commonwealth based on non-compliance with sections nineteen through nineteen J, inclusive, including any claim based on a failure to use due care in the execution of his duties as a licensed waste site cleanup professional, shall be limited to actions brought under the provisions of chapter two hundred and fifty-eight of the General Laws.

Section 19J. Any person who violates section nineteen D, or who knowingly makes any materially false or inaccurate statement in any application, record, report, plan, design, or statement which said person submits to the board or the department, or who knowingly makes any materially false, or inaccurate statement in any record, report, plan, file, log, or register which that person keeps or is required to keep pursuant to any law, regulation, or order for the protection of the environment, or who knowingly and materially falsifies, tampers with, alters, destroys, or disturbs any mechanism, recovery, or control system, or any monitoring device or method which any person maintains or which is required to be maintained pursuant to any law, regulation, or order for the protection of the environment, or who violates any provision of sections nineteen through nineteen J in a manner that constitutes knowing endangerment of public health or safety or the environment, or who knowingly allows or suffers any of his employees, agents, or contractors to do any of the foregoing, shall be punished by a fine of not more than one thousand dollars or by imprisonment in a house of correction for not more than one year, or both. Each day each such violation occurs or continues shall be considered a separate offense, provided that in no event shall a fine exceed, in the aggregate, ten thousand dollars, and that a term of imprisonment shall not exceed, in the aggregate, two years.

Any monetary claims against an employee of the commonwealth based on non-compliance with sections nineteen through nineteen J, inclusive, including any claim based on a failure to use due care in the execution of his duties as a licensed waste site cleanup professional, shall be limited to actions brought under the provisions of chapter two hundred and fifty-eight of the General Laws.

SECTION 271. Said section 2 of said chapter 21E is hereby further amended by inserting after the definition of "Exposure" the following definition:-

"Fiduciary", a person (a) who is acting in any of the following capacities: an executor or administrator as defined in section one of chapter one hundred ninety-seven, including a voluntary executor or a voluntary administrator; a guardian; a conservator; a trustee under a will or inter vivos instrument creating a trust under which the trustee takes title to, or otherwise controls or manages, property for the purpose of protecting or conserving such property under the ordinary rules applied in the courts of the commonwealth; a court-appointed receiver; a trustee appointed in proceedings under federal bankruptcy laws; an assignee or a trustee acting under an assignment made for the benefit of creditors pursuant to sections forty through forty-two of chapter two hundred and three; or a trustee, pursuant to an indenture agreement or similar financing agreement, for debt securities, certificates of interest of participation in any such debt securities, or any successor thereto, and (b) who holds legal title to, controls, or manages, directly or indirectly, any site or vessel as a fiduciary for purposes of administering an estate or trust of which such site or vessel is a part.

SECTION 272. Said section 2 of said chapter 21E is hereby further amended by striking out, in lines 70 and 71, the words "or otherwise unacceptable".

SECTION 273. Said section 2 of said chapter 21E is hereby further amended by inserting after the definition of "Imminent hazard" the following definition:-

"Indicia of ownership primarily to protect a security interest", only those interests in real or personal property typically acquired and held as security or collateral for payment or performance of an obligation. Such interests shall include, without limitation, a mortgage, deed of trust, lien, security interest, assignment, pledge, or other right or encumbrance against real or personal property, including those security interests which have a contingent interest component, which are furnished by the owner thereof to assure repayment of a financial obligation; and contractual participation rights in such interest; provided, that the contract conferring such rights confers no other interest in the site or vessel.

Such interests shall not include the following:- those to protect any interest in property owned or held for investment purposes; a lease or a consignment which may not be considered a secured transaction under applicable principles of commercial law; interests of a person acting as a trustee of property or of a business; and any interest other than one created as a bona fide security interest in real or personal property.

SECTION 274. Said section 2 of said chapter 21E is hereby further amended by striking out the definition of "Owner" or "Operator" and inserting in place thereof the following definition:-

"Owner", or "Operator", (a) (1) in the case of a vessel, any person owning, operating or chartering by demise such vessel, (2) in the case of a site, any person owning or operating such site, (3) in the case of an abandoned site, any person who owned, operated, or otherwise controlled activities at such site, vessel, onshore oil facility, offshore oil facility, deepwater port, or pipeline, any person who owned, operated, or otherwise controlled activities at such site immediately prior to such abandonment, except that, in the case of an onshore oil facility or offshore oil facility, this definition shall not include an agency or political subdivision of the federal government or the commonwealth, or any interstate body, that owned an onshore oil facility or offshore oil facility and that, as the owner, transferred possession and right to operate the onshore oil facility or offshore oil facility to another person by lease, assignment, or permit, immediately prior to such abandonment, (4) in the case of an onshore oil facility, other than a pipeline, any person owning or operating the onshore oil facility, except that this definition shall not include an agency or political subdivision of the federal government or the commonwealth, or any interstate body, that owns an onshore oil facility and that, as the owner, transfers possession and right to operate the onshore oil facility to another person by lease, assignment, or permit, (5) in the case of an offshore oil facility, other than a pipeline or a deepwater port licensed under the U.S. Deepwater Port Act of 1974, the lessee or permittee of the area in which the offshore oil facility is located or the holder of a right of use and easement granted under an applicable law of the commonwealth or the U.S. Outer Continental Shelf Lands Act, for the area in which the offshore oil facility is located if such holder is a different person from the lessee or permittee; provided, however, that this definition shall not include an agency or political subdivision of the federal government or the commonwealth, or any interstate body, that owns an offshore oil facility and that, as the owner, transfers possession and right to operate the offshore oil facility to another person by lease, assignment, or permit, (6) in the case of a deepwater port licensed under the U.S. Deepwater Port Act of 1974, the licensee, (7) in the case of a pipeline, any person owning or operating the pipeline, (8) when a fiduciary who is not an owner or operator pursuant to this definition has title or control or management of a site or vessel, the grantor or settlor of the estate or trust in question, to the extent the assets of the estate or trust are insufficient to pay for liability pursuant to this chapter, and (9) when a secured lender who is not an owner or operator pursuant to this definition has ownership or possession of a site or vessel, any person who owned or operated such site or vessel immediately prior to such secured lender obtaining ownership or possession of such site or vessel. The term shall include any estate or trust of which the site or vessel is a part. The term shall not include the commonwealth to the extent the commonwealth holds or held any right, title, or interest in a site or vessel solely for the purpose of implementing or enforcing the commonwealth's rights or responsibilities pursuant to this chapter, unless the commonwealth caused or contributed to the release or threat of release; provided, that nothing in this definition or in this chapter shall be construed to waive any immunity that public employers or public employees may have pursuant to chapter two hundred fifty-eight. The term shall not include a fiduciary or secured lender who meets the requirements set forth in this definition. The term "operator" shall not include a hazardous waste site cleanup professional solely because he is acting in his professional capacity as a hazardous waste site cleanup professional with regard to the site or vessel.

(b) A fiduciary shall not be deemed an owner or operator if all of the following requirements are met:

(1) No act of the fiduciary causes or contributes to the release or threat of release or causes the release or threat of release to become worse than it otherwise would have been.

(2) After acquiring title to or commencing control or management of the site or vessel, the fiduciary satisfies all of the following conditions:

(A) the fiduciary notifies the department immediately upon obtaining knowledge of a release or threat of release for which notification is required pursuant to, and in compliance with, section seven or regulations promulgated pursuant thereto,

(B) the fiduciary provides reasonable access to the site or vessel to employees, agents, and contractors of the department to conduct response actions, and to other persons intending to conduct necessary response actions,

(C) the fiduciary notifies the department immediately upon obtaining knowledge or reasonable basis for believing that there are not sufficient assets available in the estate or trust to satisfy one or more of the conditions set forth in subclause (D) of clause (2) of this subsection of this definition,

(D) upon obtaining knowledge of a release or threat of release of oil or hazardous material, and to the extent that assets are available in the estate or trust,

(i) the fiduciary undertakes reasonable steps to (a) prevent the exposure of persons to oil or hazardous materials by fencing or otherwise preventing access to the site or vessel, and (b) contain the further release or threat of release of oil or hazardous materials from a structure or container, and

(ii) if there is significant evidence of an imminent hazard to public health, safety, welfare, or the environment from oil or hazardous materials at or from the site or vessel, the fiduciary takes action to control the potential for health damage, human exposure, safety hazards, and environmental harm through appropriate short term measures,

(E) if the fiduciary elects to voluntarily undertake a response action or portion of a response action at the site or vessel, the fiduciary conducts such response action or portion of a response action in compliance with the requirements of this chapter and the Massachusetts Contingency Plan, and

(F) in the case of a fiduciary who is acting pursuant to an assignment made for the benefit of creditors, the fiduciary notifies the department in writing of the assignment immediately upon his acceptance thereof.

A fiduciary who takes any action referred to in clauses (b) (2) (A) through (D) of this definition shall not be deemed an owner or operator solely because said fiduciary took such action.

Nothing in this chapter shall preclude claims against a fiduciary solely in the fiduciary's representative capacity.

Nothing in clause (b) (2) (D) of this definition shall require a fiduciary to utilize any funds other than the assets of the estate or trust to satisfy the conditions set forth in clause (b) (2) (D) of this definition, provided that all of the conditions of clause (b) of this definition are met.

For purposes of this chapter, the assets of the estate or trust shall include: (i) any assets in the estate or trust of which the site or vessel is a part (hereafter "the estate or trust"); (ii) any assets that are, at or subsequent to the time the fiduciary obtained knowledge of a release or threat of release, placed in any other estate or trust by action of or on behalf of a settlor or grantor of the estate or trust of which the site or vessel is a part when such settlor or grantor is or was an owner or operator of the site or vessel, if such other estate or trust is or was controlled or managed by the fiduciary of the estate or trust of which the site or vessel is a part; and (iii) any assets that are at or subsequent to the time the fiduciary obtained knowledge of a release or threat of release, transferred by the fiduciary out of the estate or trust of which the site or vessel is a part for less than full and fair consideration, as determined by the fiduciary in good faith.

Nothing in this definition shall affect the liability, responsibilities, or rights of a grantor or beneficiary of an estate or trust, or of any person other than a fiduciary acting solely in his representative capacity, pursuant to this chapter or any other law.

(c) A secured lender shall not be deemed an owner or operator if all of the following requirements are met:

(1) No act of the secured lender, or of the secured lender's employee or agent, causes or contributes to the release or threat of release or causes the release or threat of release to become worse than it otherwise would have been.

(2) Before acquiring ownership or possession of the site or vessel, the secured lender does not participate in the management of the site or vessel. For purposes of this definition, participation in the management of the site or vessel shall include substantially divesting from the borrower or any other person possession or control over those aspects of the operations involving the management of oil or hazardous materials, and shall not include doing any combination of one or more of the following:

(A) requiring or conducting assessments of the site or vessel or any portion thereof,

(B) engaging in the regular or periodic monitoring of the business conducted at or on the site or vessel,

(C) making the provision or continuation of financing conditional on covenants, representations, or warranties concerning any combination of one or more of the following: the proper handling, use, storage, transport, or disposal of oil or hazardous materials at or from the site or vessel; the timely and proper response to releases or threats of release of oil or hazardous materials at or from the site or vessel; the maintenance of the site or vessel in compliance with this chapter and other applicable laws or regulations; or the periodic submission of information concerning oil or hazardous materials at or from the site or vessel,

(D) providing periodic advice, information, guidance, or direction concerning the general business and financial aspects of a borrower's operations, excluding advice, guidance, or direction concerning those aspects of the borrower's operations involving the management of oil or hazardous materials described in clause (c) (2) (C) of this definition,

(E) providing general information concerning a borrower's obligations pursuant to this chapter and the Massachusetts Contingency Plan and information on how the borrower may identify and select a waste site cleanup professional licensed pursuant to sections nineteen through nineteen J of chapter twenty-one A, and general information concerning a borrower's obligations pursuant to other federal, state or local laws concerning the transportation, storage, treatment and disposal of hazardous waste or hazardous materials, and

(F) engaging in financial workouts, restructuring, or refinancing of the borrower's obligation, or undertaking activities to protect or preserve the value of the security interest in a site or vessel excluding activities involving those aspects of the borrower's operations involving the management of oil or hazardous materials.

(3) After acquiring ownership or possession of the site or vessel, and upon obtaining knowledge of a release or threat of release of oil or hazardous material, the secured lender satisfies all of the following conditions:

(A) the secured lender notifies the department immediately upon obtaining knowledge of a release or threat of release for which notification is required pursuant to, and in compliance with, section seven or regulations promulgated pursuant thereto,

(B) the secured lender provides reasonable access to the site or vessel to employees, agents, and contractors of the department to conduct response actions, and to other persons intending to conduct necessary response actions,

(C) the secured lender undertakes reasonable steps to (i) prevent the exposure of persons to oil or hazardous materials by fencing or otherwise preventing access to the site or vessel, and (ii) contain the further release or threat of release of oil or hazardous materials from a structure or container,

(D) if the secured lender elects to voluntarily undertake a response action or portion of a response action at the site or vessel, the secured lender conducts such response action or portion of a response action in compliance with the requirements of this chapter and the Massachusetts Contingency Plan, and

(E) the secured lender acts diligently to sell or otherwise divest itself of ownership or possession of the site or vessel. Whether the secured lender is acting or has acted diligently to sell or otherwise divest itself of ownership or possession of the site or vessel shall be determined as follows:

(i) during the first eighteen months after the secured lender first acquired ownership or possession of the site or vessel, whichever occurs earlier, there shall be a presumption that the secured lender is acting diligently to sell or otherwise divest itself of ownership or possession of the site or vessel; this presumption may be rebutted by a preponderance of the evidence;

(ii) if the secured lender has not divested itself of ownership or possession of the vessel or site after the expiration of the eighteen-month period specified in clause (c) (3) (E) (i) of this definition, then during the next forty-two months, the burden of proof shall be on the secured lender to demonstrate by a preponderance of the evidence that the secured lender is acting diligently to sell or otherwise divest itself of ownership or possession of the site or vessel;

(iii) in determining whether or not the secured lender is acting diligently to sell or otherwise divest itself of ownership or possession of the site or vessel, the following factors shall be considered:

(a) the use or uses to which the site or vessel was put or is being put during the period in question,

(b) market conditions,

(c) the extent of contamination of the site or vessel and the impacts of such contamination on marketability of the site or vessel,

(d) the applicability of, and compliance by such person with, federal and state requirements relevant to sale or divestment of property in which such person holds or formerly held a security interest, and

(e) legal constraints on sale or divestment of ownership or possession;

(iv) if the secured lender has not divested itself of ownership or possession of the site or vessel within five years after the secured lender first acquired ownership or possession, whichever occurred earlier, and can establish by a preponderance of the evidence that it satisfies all of the conditions in clause (c) of this definition, then, subject to the limitation provided below, there shall be no liability under section 5 (a). A secured lender who can establish by a preponderance of the evidence that it satisfies all of the conditions in clause (c) of this definition and who has not divested itself of ownership or possession of the site or vessel within five years after the secured lender first acquired ownership or possession, and whose property has been the site of a release of oil or hazardous material for which the department has incurred costs for assessment, containment, or removal pursuant to sections three A, four, five A, five B, eight, nine, ten, eleven, twelve, thirteen, or fourteen, shall be liable to the commonwealth only to the extent of the value of the property following the department's assessment, containment, and response actions, less the total amount of costs reasonably paid by said person for carrying out assessment, containment, and response actions in compliance with the Massachusetts Contingency Plan and all other applicable requirements of this chapter.

A secured lender who takes any action referred to in clauses (3) (A) and (B) of this definition shall not be deemed an owner or operator because said secured lender took such action. A secured lender who takes any action referred to in clauses (3) (C) and (D) of this definition shall not be deemed an owner or operator solely because said secured lender took such action.

A secured lender who meets all the requirements set forth in this clause (c) shall be excluded from the definition of owner or operator only with respect to releases and threats of release that first begin to occur before such secured lender acquires ownership or possession of the site or vessel. Notwithstanding any other provision of this definition, a secured lender shall be deemed an owner or operator with respect to any release or threat of release that first begins to occur at or from a site or vessel during the time that such secured lender has ownership or possession of it for any purpose.

Notwithstanding any other provision of this definition, a secured lender shall be deemed an owner or operator of an abandoned site if such secured lender owned, operated, or held ownership or possession of such site pursuant to clause (c) (3) of this definition immediately prior to such abandonment.

SECTION 275. Said section 2 of said chapter 21E is hereby further amended by inserting after the definition of "Response action contractor" or "contractor" the following definition:-

"Secured lender", (1) a person who holds indicia of ownership in a site or vessel primarily to protect that person's security interest in said site or vessel;

(2) two persons when one holds indicia of ownership in a site or vessel primarily to protect the other person's security interest in that site or vessel if the person holding the indicia of ownership is (a) wholly owned by the person holding the security interest, or (b) an affiliate of the person holding the security interest and both are wholly-owned, directly or indirectly, by the same person; and

(3) persons who hold contractual participation rights in a security interest, and any of the following which hold indicia of ownership in a site or vessel primarily to protect that security interest: a wholly owned subsidiary of any such person; an affiliate of any such person if both are wholly-owned, directly or indirectly, by the same person; and any entity formed among such persons, subsidiaries or affiliates.

SECTION 276. Said section 2 of said chapter 21E is hereby further amended by striking out the definition of "Statement of claim" or "statement" and inserting in place thereof the following definition:-

"Statement of claim" or "statement", an instrument signed by the commissioner, describing a particular site or sites or vessel or vessels and naming the person or persons then deemed by the commissioner to be liable under the provisions of this chapter with respect to each such site or vessel and their residential addresses, to the extent known to the commissioner, and declaring a lien upon the property of such person or persons for the payment of amounts due or to become due from such person or persons to the commonwealth under the provisions of this chapter; provided, however, that neither failure to state any such address nor the designation of an incorrect address shall invalidate such statement; and provided further, that successive statements, naming other persons so deemed to be liable, may be issued; and provided further, that if the property in question is owned or possessed by a fiduciary or a secured lender, who is not liable under this chapter with respect to the site or vessel in question, the mention of the fiduciary or the secured lender in the statement as a person who owns or possesses the site or vessel shall not constitute a finding or evidence that such person is liable under this chapter, and the lien shall only be on the property in question and not upon all property of such fiduciary or secured lender.

SECTION 277. The definition of "Substantial hazard" in said section 2 of said chapter 21E is hereby further amended by striking out the following words:- "or otherwise unacceptable".

SECTION 278. Section 3 of chapter 21E of the General Laws is hereby amended by inserting after subsection (c) the following subsections:-

(d) The department shall adopt and from time to time amend or repeal regulations establishing classes or categories of persons or response actions or sites or vessels, or any combination of the foregoing, so that such persons may carry out such response actions at such sites or vessels only after prior issuance of a permit issued by the department; and establishing classes or categories of persons or response actions or sites or vessels, or any combination of the foregoing, so that such persons may carry out such response actions at such sites or vessels without prior issuance of a permit issued by the department.

The department shall adopt and from time to time amend or repeal regulations establishing one or more classes or categories of permits for carrying out response actions in those cases for which a permit is required.

In adopting, amending, and repealing all regulations pursuant to this subsection, the department shall consider at least the following:-

(1) the existence, source, nature, and extent of a release or threat of release of oil or hazardous materials,

(2) the nature and extent of danger to public health, safety, welfare, and the environment,

(3) the magnitude and complexity of the actions necessary to assess, contain, or remove the oil or hazardous material in question;

(4) the extent to which there are legally enforceable standardized methods and criteria for the class or category of response action in question,

(5) the extent to which the department needs to be persuaded, or is persuaded, or both, that persons who would obtain permits, or who would be allowed to carry out a response action without a permit, have demonstrated that they are able and willing to carry out the response actions in question in compliance with the provisions of this chapter, all regulations adopted pursuant to this chapter, and all other applicable statutes and regulations, and

(6) the extent to which department oversight is necessary to ensure compliance with this chapter.

Persons may carry out any response action without the prior issuance of a permit issued by the department for such response action if such response action is otherwise in compliance with the provisions of this chapter, all regulations promulgated pursuant to this chapter, and all other applicable statutes and regulations until all of the following have occurred: (a) licenses have been issued to hazardous waste site cleanup professionals pursuant to sections nineteen through nineteen J of chapter twenty-one A, and (b) standards and requirements for the class or category of permit and response action in question have been promulgated by the department and are in effect.

Except as otherwise provided in this chapter, no person shall carry out any response action without the prior issuance of a permit issued by the department for such response action, or in any manner not in conformity with the terms and conditions of such permit.

By no later than July first, nineteen hundred and ninety-three, the department shall promulgate in accordance with section two of chapter thirty A, and shall submit to the state secretary for publication in the Massachusetts Register in accordance with sections five and six of chapter thirty A, regulations, standards, and requirements required by this subsection. By no later than January first, nineteen hundred and ninety-three, the department shall submit to the state secretary for publication in the Massachusetts Register, and the state secretary shall publish in the Massachusetts Register, in accordance with sections five and six of chapter thirty A, the notice required by section two of chapter thirty A and a draft of the regulations, standards, and requirements described in the preceding sentence. After the initial promulgation of regulations, requirements, and standards required by this subsection (d), the department may amend or repeal them, or adopt additional ones, in accordance with all applicable requirements of chapter thirty A.

(e) The department shall adopt and from time to time amend or repeal regulations establishing classes or categories of response actions or sites or vessels, or any combination of the foregoing, so that persons who carry out such response actions at such sites or vessels shall be required to cause to be rendered a waste site cleanup activity opinion, as that term is defined in section nineteen of chapter twenty-one A. Without limiting the generality of the foregoing, said regulations (1) shall set requirements for reasonable documentation to support such opinions, and (2) shall set requirements for the availability of such opinions to the department and to other persons, and (3) may authorize one or more of the opinions described in clauses (1) through (5) of the definition of waste site cleanup activity opinion, as that term is defined in section nineteen of chapter twenty-one A, to be rendered by persons who are not in possession of a valid license issued pursuant to sections nineteen through nineteen J of chapter twenty-one A, and (4) may establish classes or categories of response actions or sites or vessels, or any combination of the foregoing, for which a waste site cleanup activity opinion need not be rendered. The department may impose terms and conditions on the applicability of such regulations.

SECTION 279. Subsection (b) of section 3A of chapter 21E of the General Laws is hereby amended by striking out the first paragraph and inserting in place thereof the following:-

By January fifteenth, nineteen hundred and eighty-seven, the department shall publish a list of all disposal sites confirmed by the department to that date, and a list of locations to be investigated as possible disposal sites. Thereafter, the department shall maintain such list and shall update and publish it on at least a quarterly basis through January fifteenth, nineteen hundred and ninety. Effective after January fifteenth, nineteen hundred and ninety-three, the department shall maintain, and shall publish on at least an annual basis, a list of all sites confirmed by the department to the date of publication, and a list of other sites as provided in this section. Such lists shall state the response action status of each location confirmed as a disposal site or as a site. The department may hold confidential any information regarding any location if the department determines that public disclosure might interfere with enforcement action by the department or the attorney general. For purposes of implementing this subsection, a "location to be investigated" shall mean a location that, based upon the uses of the property, the conditions reported, or other information the department has, is reasonably likely to be a disposal site.

SECTION 280. The fourth paragraph of subsection (b) of section 3A of said chapter 21E is hereby further amended by striking out clauses (3) and (4) and inserting in place thereof the following:-

(3) by January fifteen, nineteen hundred and eighty-nine, at least one thousand additional locations beyond those listed in the previous year;

(4) by January fifteen, nineteen hundred and ninety, at least one thousand additional locations; and

(5) by January fifteen, nineteen hundred and ninety-three, and at least once each year thereafter, all additional sites of which the department has knowledge, except that the department shall not be required to list a site where there occurred a release of oil or hazardous material for which sufficient response actions were taken, or for which no response actions were necessary, such that including the site on a list published pursuant to this section is not necessary to carry out the purposes of this section; provided, that the department has in effect regulations setting forth the criteria the department shall use in determining which sites need not be included on said list to carry out the purposes of this chapter, which regulations shall be promulgated as expeditiously as is feasible.

SECTION 281. Said section 3A of said chapter 21E is further amended by striking out subsection (c) and inserting in place thereof the following:-

(c) The department shall continuously carry out a comprehensive program to identify sites in the commonwealth, with particular emphasis on sites that pose a substantial hazard. Such program shall ensure that sufficient sites are discovered to enable the department to meet the requirements of subsection (p). By January first, nineteen hundred and ninety-four, the department shall publish a three-year plan which establishes a schedule of site discovery activities to identify, at a minimum, significant threats to public water supplies. No later than January first, nineteen hundred and ninety-seven, the department shall identify and list, pursuant to subsection (b), sites which pose a significant threat to public water supplies. The absence of a site from any such list shall not constitute a finding that the site does not pose a substantial hazard to health, safety, public welfare or the environment.

SECTION 282. Section 3A of said chapter 21E is hereby further amended by striking out subsection (d) and inserting in place thereof the following:-

(d) In the Massachusetts Contingency Plan, the department shall establish standards, procedures and deadlines, all of which shall be established in such terms that they can be legally enforced pursuant to this chapter or any other applicable law, to ensure that response actions are taken in compliance with this chapter and the Massachusetts Contingency Plan as expeditiously as practicable.

SECTION 283. Said section 3A of said chapter 21E is hereby further amended by striking out subsection (f) and inserting in place thereof the following:-

(f) At each site, unless, pursuant to subsection (g), the department finds that a level of no significant risk already exists or that permanent solutions are feasible and that immediate implementation of such solutions would be more cost-effective than phased implementation of temporary and permanent solutions, one or more temporary solutions shall be implemented to the extent feasible. Such solutions shall eliminate any substantial hazard to health, safety, public welfare, or the environment which is presented by the site or by any oil or hazardous materials at or from the site in the environment, and may include, but not be limited to, containment or removal of oil or hazardous materials, relocation, or the provision of alternative water supplies. Such solutions shall be carried out in accordance with this chapter and in accordance with standards, procedures, and deadlines established pursuant to subsection (d). Permanent solutions as required pursuant to subsection (g) shall be required if the department finds that a level of no significant risk does not yet exist, that permanent solutions are feasible, and that immediate implementation of such solutions would be more cost-effective than phased implementation of temporary and permanent solutions.

To the maximum extent consistent with this chapter, the department shall establish standards, which shall be established in such terms that they can be legally enforced pursuant to this chapter or any other applicable law, for determining what is a temporary solution at one or more types of sites.

SECTION 284. Said section 3A of said chapter 21E is hereby further amended by striking out subsection (g) and inserting in place thereof the following:-

(g) At each site, one or more permanent solutions to the extent feasible shall be implemented as necessary to achieve a level of no significant risk. No site shall be deemed to have had all the necessary and required response actions taken for such site unless and until a level of no significant risk exists or has been achieved in compliance with this chapter.

For each site, either a report shall be submitted demonstrating that a level of no significant risk exists or has already been achieved at the site, or else a plan shall be established that shall include a timetable of definitive and enterprising steps to be taken to identify, develop and implement a permanent feasible solution at the site, and that, for each step included in the plan, shall specify who shall take that step. Where permanent solutions are not yet feasible, the plan shall specify steps to be taken toward making such solutions feasible including, where appropriate, the development of technologies to be applied at the site, and shall ensure that any temporary solutions at the site remain effective until a permanent solution is effectuated. Such plans shall be established and carried out in accordance with this chapter and in accordance with standards, procedures, and deadlines established pursuant to subsection (d).

For purposes of this chapter, a "permanent solution" shall mean a measure or combination of measures that, at a minimum, shall ensure the attainment of "no significant risk." For purposes of this chapter, "no significant risk" shall mean a level of control of each identified substance of concern at a site or in the surrounding environment such that no such substance of concern shall present a significant risk of damage to health, safety, public welfare, or the environment during any foreseeable period of time. In determining whether a permanent solution will achieve a level of no significant risk, the department shall consider existing public health or environmental standards where applicable or suitably analogous, and any current or reasonably foreseeable uses of the site and the surrounding environment that may be affected by the oil or hazardous materials at the site or in the surrounding environment.

If appropriate, permanent solutions may be implemented on portions of a site. Where feasible, a permanent solution shall include a measure or measures designed to reduce to the extent possible the level of oil or hazardous materials in the environment to the level that would exist in the absence of the site of concern.

By no later than January first, nineteen hundred and ninety-four, the department shall promulgate in accordance with section two of chapter thirty A, and shall submit to the state secretary for publication in the Massachusetts Register in accordance with sections five and six of chapter thirty A, standards for determining when there exists a level of no significant risk. By no later than July first, nineteen hundred and ninety-three, the department shall submit to the state secretary for publication in the Massachusetts Register, and the state secretary shall publish in the Massachusetts Register, in accordance with sections five and six of chapter thirty A, the notice required by section two of chapter thirty A and a draft of the standards described in the preceding sentence. After the initial promulgation of standards required by this subsection, the department may amend or repeal them, or adopt additional ones, in accordance with all applicable requirements of chapter thirty A.

SECTION 285. Said section 3A of said chapter 21E is hereby further amended by striking out subsection (i) and inserting in place thereof the following:-

(i) The department shall have in effect the following: (1) in cooperation with federal agencies, universities, other states, private corporations and others, research, development, and demonstration programs to develop and demonstrate the viability of technologies necessary to accomplish the specifications for permanent solutions pursuant to subsection (g). Such programs shall be designed to help ensure that permanent solutions as described in subsection (g) are achievable as quickly as possible.

(2) in cooperation with federal agencies, universities, other states, private corporations and others, training programs designed to help to ensure that the department has access to individuals with the expertise necessary to accomplish the requirements of this section. Such programs shall provide for the further training of current department personnel and for training of potential future department personnel.

SECTION 286. Said section 3A of said chapter 21E is hereby further amended by striking out subsection (j) and inserting in place thereof the following:-

(j) The commonwealth may provide incentives to encourage voluntary cleanup efforts, and may negotiate with persons potentially liable for response actions under subsection (a) of section five to ensure that they undertake needed response actions at disposal sites; provided, however, that the department shall ensure that all of the action deadlines specified in this section are met. Toward that end, the department may establish and implement intermediate deadlines for each disposal site, including but not limited to, deadlines for compliance with orders and termination of settlement discussions to ensure action consistent with deadlines established pursuant to subsection (d). Without limiting the generality of the foregoing:

(1) As part of such incentives or negotiations, the commonwealth may, in its sole discretion, enter into a covenant not to sue concerning some or all of any liability to the commonwealth pursuant to this chapter, including future liability; provided, that each covenant not to sue shall be in the public interest.

(2) A person who has resolved his liability to the commonwealth in an administrative or judicially approved settlement shall not be liable to any other person who has received notice of and an opportunity to join in the settlement, for claims for contribution, cost recovery, or equitable share of liability regarding matters addressed in the settlement. Such settlement does not discharge any other person unless its terms so provide, but it reduces the potential liability of all other liable persons by the amount of the settlement.

SECTION 287. Said section 3A of said chapter 21E is hereby further amended by striking out subsection (1).

SECTION 288. Said section 3A of said chapter 21E is hereby further amended by striking out subsection (m) and inserting in place thereof the following:-

(m) Subject to the requirements of this chapter and of chapter thirty A, the department shall revise the Massachusetts Contingency Plan to conform to the requirements of this chapter. To the maximum extent consistent with this chapter, said plan shall include simple, standardized methods or criteria for evaluating the degree of hazard present at a site including, but not limited to, whether a site is an imminent or substantial hazard, and the feasibility and effectiveness of response actions intended or considered pursuant to subsections (f) or (g). Such methods and criteria may comport with and complement the methods and criteria of the National Contingency Plan prepared pursuant to federal law, and shall be protective of health, safety, public welfare, and the environment.

SECTION 289. Said section 3A of said chapter 21E is hereby further amended by inserting after subsection (n) the following subsections:-

(o) The department shall audit a sufficient number of response actions not overseen or conducted by the department to ensure that response actions not overseen or conducted by the department are performed in compliance with the provisions of this chapter and the Massachusetts Contingency Plan. In each year the department shall, at a minimum, audit twenty percent of all sites for which annual compliance assurance fees are required to be paid pursuant to section three B. The department may establish additional audit targets for categories of persons or response actions or sites, as defined pursuant to subsection (d) of section three, based on the level of department oversight provided to each category.

(p) The highest priority of the department under this chapter shall be to ensure response actions and temporary and permanent solutions at those sites which pose the greatest risk to public health, safety, welfare, and the environment. To this end, the department shall address the sites of greatest concern according to the following minimum procedure and timetables:

(1) In each year, for at least one hundred sites which are among those posing the greatest risk to public health, safety, welfare, or the environment, the department shall ensure that a combination of the following occur:

(i) a permit has been issued; or (ii) the department has issued an order pursuant to clause (B) of paragraph (1) of subsection (c) of section ten for a person to apply for a permit to carry out response actions, or to carry out response actions, or both; or (iii) the department has taken or arranged for such response actions as it reasonably deems necessary.

(2) In each year, the department shall, through the approval of a permit, the issuance of an order, or the taking or arranging for a response action by the department, identify one hundred sites, which are among those posing the greatest risk to public health, safety, welfare, or the environment, at which the department shall, at a minimum, ensure that within five years of the approval of a permit, the issuance of an order, or the department arranging for or taking response actions, whichever is applicable, temporary solutions are implemented to the extent feasible prior to the implementation of permanent solutions. The department shall ensure that permanent solutions are implemented within five years if the department finds that such permanent solutions are feasible and would be more cost-effective than phased implementation of temporary and permanent solutions.

Nothing in this section shall be construed to limit the authority and responsibility of the department to ensure that short-term and interim measures, response actions, and temporary and permanent solutions are undertaken in a timely manner at all sites which pose a significant risk to public health, safety, welfare, or the environment.

SECTION 290. Said chapter 21E is hereby further amended by inserting after section three A the following section:- `t+99

Section 3B. Notwithstanding any general or special law to the contrary, the department may, by regulation, establish permit application fees payable by all persons filing applications for a permit pursuant to the provisions of this chapter. For the purposes of this chapter, "permit" shall mean any permit, license, certificate, formal determination, registration, plan approval, variance, or other approval issued by or required by the department pursuant to the authority of chapter twenty-one E. For applications filed on or before December thirty-first, nineteen hundred and ninety-four, the fee for the category of permit application that involves the most extensive processing and consideration shall not exceed six thousand dollars per application and shall be the highest application fees for applications filed on or after January first, nineteen hundred and ninety-five; the department shall, by regulation, establish such fees based on the department's reasonable, costs for processing and considering such permit applications including, without limitation, providing technical assistance, and performing and analyzing such environmental monitoring as is necessary to act on such applications. Such fees shall be based on a scale that accounts for the department's reasonable, costs appropriate for different categories of permit applications and permits. Permit application fees shall be payable upon filing the application.

In instances of severe financial hardship, the commissioner or his designee may grant a timely request to extend the time for making payment. The department may require that persons applying for permits as a result of an order issued pursuant to clause (B) of paragraph (1) of subsection (c) of section ten, or as a result of any other enforcement action by the department or another agency of the commonwealth or its subdivisions, to pay double the otherwise applicable fee.

Notwithstanding any general or special law to the contrary, the department may, by regulation, establish annual compliance assurance fees for response actions at sites or vessels, payable by all persons, excluding agencies of the commonwealth, who are carrying out response actions pursuant to the provisions of this chapter, for each year or fraction thereof from the time that notice is first required to be given to the department pursuant to section seven until the time that a permanent solution is being implemented or a level of no significant risk has been achieved in accordance with subsection (g) of section three A; provided, that such fees shall not be required for response actions that are of short duration and that are in response to a sudden release or threat of release of oil or hazardous material. Such fees shall be based on the department's cost for inspection, auditing and enforcement activities necessary to ensure compliance by persons carrying out such response actions.

Such fees shall be based on a scale that accounts for the extent of such enforcement and compliance activity that is appropriate for different categories of permits; provided that the compliance assurance fee for the category of permit that involves the most extensive enforcement and compliance activity shall not exceed ten thousand dollars per response action per site or vessel per year and shall be the highest compliance assurance fee. At least forty-five days before the date such fee is due, the department shall notify each person carrying out such response action of the amount of the fee due and date by which payment is due. In instances of severe financial hardship, the commissioner or his designee may grant a timely request to extend the time for making payment.

Failure by any person to pay any annual compliance assurance fee when due may result in suspension of or, if such failure continues for sixty days or more, may result in revocation of a permit issued pursuant to the provisions of this chapter, and shall be grounds for denial of any permit application filed by such person that is pending before the department, and for suspension or revocation of any or all other permits, licenses, or other approvals that such person has obtained from the department. In the event of untimely payment, interest on the amount due shall be assessed at the rate determined by the secretary of the executive office for administration and finance pursuant to section twenty-nine C of chapter twenty-nine. Such interest shall be in addition to any other remedy or penalty that might be applicable. Notwithstanding the provisions of section five, a person who has paid in full an annual compliance assurance fee pursuant to this section, including interest if and when applicable, shall not be liable to the commonwealth for the costs incurred by the department or by its agents or contractors for overseeing, or for supporting the overseeing of, the response action being performed by such person at or for a site or vessel, including but not limited to the costs of inspections, auditing, or enforcement activities necessary to ensure compliance with requirements for response actions at or for a site or vessel, if such costs were incurred during the period for which the annual compliance assurance fee was required to be paid for those response actions at or for that site or vessel.

The department shall, by regulation, establish a schedule for timely action on the permits pursuant to this chapter. Said schedules may be based on the lengths of time appropriate for different categories of permits, and may make provisions for situations when permits other than those required pursuant to this chapter might be required. Each such schedule shall be as follows:

(1) the schedule shall begin when an application is received by the department and the application fee paid;

(2) one or more periods of reasonable length, based on the nature and complexity of the review required of the department, at the end of which time the department shall issue a decision to grant or deny the permit, or an identification of deficiencies in the application; provided, that the schedule may reasonably limit the amount of time to which the applicant may remedy such deficiencies;

(3) a period of reasonable length, based on the nature and complexity of the review required of the department, beginning with receipt of materials submitted by the applicant in response to the department's identification of deficiencies, at the end of which time the department shall issue a decision to grant or deny the permit;

(4) allowance for applicable state or federal public participation requirements; and

(5) a provision extending the time periods set forth in clauses (2) and (3) when action by another federal, state, or municipal government agency is required before the department may act, when judicial proceedings affect the ability of the department or the applicant to proceed with application, when the department has commenced enforcement proceedings which could affect the application, or when the applicant provides written assent extending any applicable time period.

If the department fails to take timely action on a permit application within a time period set forth in the applicable schedule, one day shall be subtracted from the number of days allowed for the department's next action in the appropriate schedule for each day that the department's action is tardy, unless the period has been extended pursuant to clause (5). Should the department fail to take timely action on a permit application within the time period set forth in the applicable schedule pursuant to clause (3), subject to any adjustment required by the preceding sentence, the department shall refund without further appropriation the permit application fee paid by the applicant unless the time period has been extended pursuant to clause (5), and shall continue to process the permit application on a high priority basis. The requirements for schedules set forth in this section shall not apply to adjudicatory hearings conducted by the department.

As a precondition to the department's authority to establish permit application fees and annual compliance assurance fees pursuant to the provisions of this chapter, and prior to the first establishment of such fees, the department shall promulgate all regulations required pursuant to this section.

On or before July first, nineteen hundred and ninety-four, and on or before July first of every third year thereafter, the department shall review all fees and schedules established by the department pursuant to this section, and shall by regulation adjust fees and schedules as necessary, and in compliance with the requirements of this section, to reflect changes in regulatory requirements, technologies, the nature and cost of the department's permitting and compliance activities, and improvements in the department's practices and procedures. To the maximum extent practicable, this review shall be coordinated and combined with the review required pursuant to subsection (j) of section eighteen of chapter twenty-one A.

The department shall submit any regulations promulgated under the provisions of this section establishing permit application fees or annual compliance assurance fees to the joint legislative committee on natural resources and agriculture and to the house and senate committees on ways and means at least sixty days prior to the effective date of said regulations.

All monies received by the department for permit application fees and annual compliance assurance fees pursuant to this chapter, and not refunded to permit applicants, shall be deposited in the Environmental Challenge Fund, established pursuant to section two J of chapter twenty-nine.

The provisions of subsections (e), (f), (g), and (h) of section eighteen of chapter twenty-one A shall apply to activities conducted pursuant to the provisions of this chapter, and fees collected for such activities shall be deposited in the Environmental Permitting and Compliance Assurance Fund, established pursuant to section two P of chapter twenty-nine.

SECTION 291. Section 4 of said chapter 21E is hereby amended by inserting in the third sentence of the first paragraph, after the words "the owner or operator of the site or vessel", the words:- or a fiduciary or secured lender that has title to or possession of a site or vessel.

SECTION 292. The first paragraph of section 4 of said chapter 21E is hereby further amended by striking out the third and fourth sentences and inserting in place thereof the following:- Prior to undertaking any response action, the department shall notify the owner or operator of the site or vessel or a fiduciary or secured lender that has title to or possession of a site or vessel of its intent to take such action. Such notice shall not be required when the department does not know the identity or location of the owner or operator or of a fiduciary or secured lender that has title to or possession of a site or vessel, or when because of an emergency or other circumstances, the giving of such notice would be impractical.

SECTION 293. Said section 4 of said chapter 21E is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraphs:-

Any person who undertakes a necessary and appropriate response action regarding the release or threat of release of oil or hazardous material shall be entitled to reimbursement from any other person liable for such release or threat of release for the reasonable costs of such response action. If two or more persons are liable pursuant to section five for such release or threat of release, each shall be liable to the others for their equitable share of the costs of such response action. All claims and actions for contribution, reimbursement or equitable share by persons other than the commonwealth pursuant to this paragraph, except those pending in court on the effective date of section four A shall be subject to, and brought in accordance with, the procedures set forth in section four A.

Any person who without charge renders assistance at the request of a duly authorized representative of the department in removing oil or hazardous material released shall not be liable, notwithstanding any other provision of law, for civil damages as a result of any act or omission by him in removing such oil or hazardous material, except for acts or omissions of gross negligence or willful misconduct.

SECTION 294. Said chapter 21E is hereby further amended by inserting after section 4 the following section:-

Section 4A. (a) Any person other than the department who has undertaken, is undertaking, or intends to undertake a necessary and appropriate response action or who is or reasonably believes that he might be liable pursuant to section five may notify any person he reasonably believes is liable pursuant to section five that the response action has been taken or is being taken or of the notifier's intent to take such response action or to seek contribution, reimbursement or equitable share from other persons, and that the notifier requests the person to whom the notice is being sent either to itself perform or participate in the performance of the response action on an equitable basis or to make contribution or reimbursement or pay its equitable share of the costs of such response action or other liability pursuant to the provisions of this chapter. Said notice shall be sent by certified mail, return receipt requested, and shall (i) identify the person giving the notice and the relationship of that person to the site or vessel, (ii) identify and describe the response action that has been, is being, or is intended to be undertaken, including the expected cost and the duration of the response action, and the nature and amount of actual or potential liability pursuant to the provisions of this chapter, (iii) describe with particularity the legal and factual basis for the notifier's claim that the person to whom the notice is being sent is liable pursuant to section five, and (iv) state said person's proposed contribution, reimbursement or equitable share of such liability pursuant to this section and rationale for such proposal. The person to whom the notice is sent shall respond to the notifier in writing by certified mail, return receipt requested, within forty five days of receipt of the notice. The response shall (i) indicate whether or not, and if so to what extent, the responder will pay contribution, reimbursement or equitable share to the notifier or participate in the performance of the response action or in the discharge of liability pursuant to the provisions of this chapter, (ii) state with reasonable particularity the legal and factual basis for the response, and (iii) request any further information or documentation the responder needs to fully evaluate the notifier's claim.

(b) Within sixty days after the notifier has received the response, the notifier and the responder shall confer in good faith in an effort to resolve all disputes that may exist between them with respect to participation in or funding of the response action or other actual or potential liability in question. Upon request by the responder, the notifier shall provide additional information or documentation reasonably requested by the responder concerning the basis of the responder's alleged liability or the response action or both. Within seventy-five days after the notifier has received the response, either the notifier or the responder may request that any disputes remaining between them concerning any matter described in the notice or response be submitted to mediation, arbitration or such other form of alternative dispute resolution as the parties may agree upon. The costs and equitable distribution of the cost of such dispute resolution service shall be determined as part of the dispute resolution process. In the event that the parties agree to engage in a dispute resolution process, the parties shall complete the dispute resolution process as quickly as feasible, and in any event within ninety days after the agreement for dispute resolution is made.

(c) Only after notice has been given and after the procedures described in this section have been carried out, any person who has given notice pursuant to this section may commence a civil action in the superior court department of the trial court seeking from the notice recipient contribution, reimbursement or an equitable share of the costs of such response action or of such actual or potential liability. Such action shall be brought within the time period set forth in clause (2) of section eleven A. Notwithstanding any other provisions of section four or four A, a person who is joined as a party in any civil action may, but shall not be required to, carry out the procedures described in subsections (a) and (b), above, prior to filing a third-party claim, cross-claim or counterclaim seeking relief pursuant to section four or four A; however such claims must be brought within the time period set forth in section eleven A and are subject to the standards set forth in this section regarding litigation costs and attorneys' fees.

(d) In any civil action in which a claim, third-party claim, counterclaim or cross-claim is filed pursuant to section four or this section, the court shall award contribution, reimbursement or the equitable share of liability for which one or more other parties is found to be responsible, if any. In addition, the court shall award the plaintiff its litigation costs and reasonable attorneys' fees if the plaintiff shows, and the court finds, that the person against whom the civil action is brought is liable and:

(1) failed without reasonable basis to make a timely response to a notification pursuant to this section, or

(2) did not participate in negotiations or dispute resolution in good faith, or

(3) failed without reasonable basis to enter into or carry out an agreement to perform or participate in the performance of the response action on an equitable basis or pay its equitable share of the costs of such response action or of other liability pursuant to the provisions of this chapter, where its liability was reasonably clear. In addition, if a third-party claim, counterclaim or cross-claim is filed pursuant to this section, the court shall award the claimant litigation costs and reasonable attorneys' fees if the person against whom the claim is brought is found liable and failed without reasonable basis to offer to enter into or carry out an agreement to perform or participate in the performance of the response action on an equitable basis or pay its share of the costs of such response action or of other liability pursuant to the provisions of this chapter, where the defendant's liability was reasonably clear.

(e) Where none of the conditions in subsection (d) is found by the court, but the court finds that the defendant is liable for contribution, reimbursement or the equitable share of response costs or of other liability pursuant to the provisions of this chapter, the court shall award the plaintiff only the defendant's equitable share of response costs or of other liability pursuant to the provisions of this chapter.

(f) If the court finds that (1) the plaintiff did not participate in negotiations or dispute resolution in good faith; (2) the plaintiff had no reasonable basis for asserting that the defendant was liable, or (3) the plaintiff's position with respect to the amount of the defendant's liability pursuant to the provisions of this chapter was unreasonable, it shall award litigation costs and reasonable attorneys' fees to the defendant.

(g) Without limiting the generality of the foregoing, solely for the purpose of determining whether or not a plaintiff in a civil action brought pursuant to this section shall be awarded litigation costs and reasonable attorneys' fees, and not for any other purpose, inability to pay or undue financial hardship shall constitute a reasonable basis for failure to agree, pay or participate as requested; provided, that, within forty-five days after the defendant received notice of this claim, the defendant responded in writing to the plaintiff by asserting and demonstrating such inability to pay or undue financial hardship.

(h) In subsections (e), (f) and (g) of this section the term "defendant" shall include an original defendant, third-party defendant, defendant-in-counterclaim and defendant-in-crossclaim, and the term "plaintiff" shall include an original plaintiff, third-party plaintiff, plaintiff-in-counterclaim and plaintiff-in-crossclaim.

(i) The parties may agree in writing to extend any of the deadlines set forth in this section.

SECTION 295. Subsection (a) of section 5 of said chapter 21E is hereby amended by striking out in clause (i) the words "section four and section eight" and inserting in place thereof the following:- sections three A, four, five A, five B, and eight to fourteen, inclusive.

SECTION 296. Subsection (b) of section 5 of said chapter 21E is hereby amended by inserting after the first paragraph the following paragraph:-

No person who is liable solely pursuant to clause (1) of paragraph (a) and who did not own or operate the site at the time of the release or threat of release in question and did not cause or contribute to such release or threat of release shall be liable to any person who is liable pursuant to clauses (2), (3), (4), or (5) of said paragraph, except that any such person liable solely pursuant to clause (1) of paragraph (a) shall be liable to the commonwealth as set forth in paragraph (d).

SECTION 297. Section 5 of said chapter 21E is hereby amended by striking out subsection (d) and inserting in place thereof the following:-

(d) Any person whose property has been the site of a release of hazardous material for which the department has incurred costs for assessment, containment or removal pursuant to sections three A, four, five A, five B, eight, nine, ten, eleven, twelve, thirteen or fourteen, and who can establish by a preponderance of the evidence that he is otherwise eligible for the defenses set forth in paragraph (c) shall be liable to the commonwealth only to the extent of the value of the property following the department's assessment, containment and response actions, less the total amount of costs reasonably paid by said person for carrying out assessment, containment and response actions in compliance with the Massachusetts Contingency Plan and all other applicable requirements of this chapter.

SECTION 298. Said section 5 of said chapter 21E is hereby amended by striking out subsection (e) and inserting in place thereof the following:-

(e) All persons liable pursuant to this section who are liable for a release or threat of release for which the commonwealth incurs costs for assessment, containment and removal shall be liable, jointly and severally, to the commonwealth for their liability as set forth in this section.

In an action for recovery by the commonwealth of the costs it incurs for assessment, containment and removal, for the purpose of inducing the party in question and others to voluntarily and without delay participate in carrying out and paying for response actions, and not for the purpose of imposing a penalty, the commonwealth shall have the right to seek and recover more than the actual costs it incurs for assessment, containment and removal, subject to the following provisions.

In cases where the department has issued an order pursuant to sections nine and ten to a person liable pursuant to this chapter and such person has unreasonably or in bad faith failed or refused to comply with such order, the court shall award the commonwealth not less than two times nor more than three times the full amount of its response costs, plus litigation costs and reasonable attorneys' fees, against such liable person. In such an action, the burden of proof shall be on such person to persuade the court by a preponderance of the evidence that it acted reasonably and in good faith in failing or refusing to comply with the department's order. If such person so persuades the court, such person's liability to the commonwealth for response action costs in that action shall be only the department's actual recoverable response costs, plus litigation costs and reasonable attorneys' fees.

In all cases not provided for in the preceding paragraph, the court may award the commonwealth up to three times the full amount of its response costs, plus litigation costs and reasonable attorneys' fees, against a person liable pursuant to this chapter. In such an action, the burden of proof shall be on the commonwealth to persuade the court by a preponderance of the evidence that such person acted unreasonably or in bad faith in not carrying out a response action or actions for which the commonwealth is seeking recovery of more than its actual response costs, aside from litigation costs and reasonable attorneys' fees. If the commonwealth so persuades the court, the court shall use its equitable discretion to determine the appropriate multiple of response costs, not to exceed three times the response costs, which shall be awarded to the commonwealth against such liable person, plus litigation costs and reasonable attorneys' fees. If the commonwealth does not so persuade the court, such person's liability to the commonwealth for response costs in that action shall be only the department's actual recoverable response costs, plus litigation costs and reasonable attorneys' fees.

Without limiting the generality of the foregoing, solely for the purpose of determining whether the commonwealth's recovery may exceed its actual response costs, plus litigation costs and reasonable attorneys' fees, and not for any other purpose, the court shall find that a person against whom the commonwealth seeks such recovery has reasonable grounds and a good faith basis for failing or refusing to perform or pay for a response action for which the commonwealth is seeking such recovery if, within a reasonable time after first being notified by the department that the department wants said person to perform or pay for such response action or actions, said person asserts and demonstrates that performing or paying for such response action or actions was beyond his technical, financial or legal abilities, or that he was not given adequate notice and reasonable opportunity to perform or pay for such response action or actions.

SECTION 299. Said section 5 of said chapter 21E is hereby further amended by inserting after subsection (f) the following subsections:-

(g) If a person is not otherwise liable for a release or threat of release of oil or hazardous material pursuant to this chapter, such person shall not become liable solely by the mere act of either retaining or paying for the retention of a waste site cleanup professional licensed pursuant to sections nineteen through nineteen J of chapter twenty-one A to conduct a response action or portion of a response action at or for a site or vessel; provided, the response action or portion of a response action is conducted in compliance with this chapter and the Massachusetts Contingency Plan.

(h) Any person who owns a one- to four-family residence that is a site at which the department has incurred costs for response actions shall not be liable to the department for those costs if he can establish by a preponderance of the evidence that:-

(1) he is not a person described in clauses (2), (3), (4), or (5) of paragraph five (a); and

(2) the site was being used exclusively as a one- to four-family residence throughout his ownership and he claimed permanent residency at the site; and

(3) he immediately notified the department of the release of the oil or hazardous material upon the site as soon as he had knowledge of it.

The defense established by this subsection shall not apply (1) if the department can establish by a preponderance of the evidence that said owner knew or had reason to know of the release when he became the owner of the residence or (2) to the cost of any response action necessitated by the leakage of oil from leaking underground storage tanks used to contain oil and underground pipes ancillary thereto or ancillary to above ground storage tanks at the site unless the owner can establish by a preponderance of the evidence that such tanks and pipes were not located on the site at the time of, or installed after the acquisition of the site, and he did not know or have reason to know of the release at the time he acquired ownership or possession of the site. In no event shall said owner be deemed to have had reason to know of the release of oil or hazardous material on the site unless a reasonable inquiry would have disclosed such presence at the time when the site was acquired by said owner, so long as the purchase price paid by said owner bore a reasonable relationship to the value of the site in the absence of oil or hazardous material. For the purposes of this paragraph, a reasonable inquiry shall mean visually inspecting the site for obvious signs of the release of oil or hazardous material. Should such visual inspection indicate that oil or hazardous material had been released at the site, a reasonable inquiry shall also include a further assessment to be performed by or under the supervision of a registered professional engineer, hydrogeologist or other qualified scientist with expertise in such matters. The defense established by this paragraph shall apply to all outstanding claims for costs by the department for response actions conducted or maintained since March twenty-fourth, nineteen hundred and eighty-three.

(i) Notwithstanding any other provision of this chapter, no person who is otherwise liable for a release or threat of release of oil or hazardous material pursuant to this chapter shall avoid, reduce or postpone such liability or such person's ability to pay for such liability, or be allowed to avoid, reduce or postpone such liability or such person's ability to pay for such liability, by (1) establishing any form of estate or trust if such estate or trust is intended to be a device to avoid, reduce or postpone such liability or such person's ability to pay for such liability, or (2) by establishing indicia of ownership to protect what purports to be a bona fide security interest but what is intended to be a device to avoid, reduce or postpone such liability or such person's ability to pay for such liability, or (3) by any conveyance or transfer of ownership or control of property or assets of any kind that purports to be bona fide transaction but that is intended to avoid, reduce or postpone such liability or such person's ability to pay for such liability, or (4) by any other means that purport to be bona fide but that are intended to avoid, reduce, or postpone such liability or such person's ability to pay for such liability.

(j) An agency of the commonwealth and a public utility company that owns a right of way that is a site at which the department has incurred costs for response actions shall not be liable to the commonwealth for those costs if the agency or public utility company, respectively, can establish by a preponderance of the evidence that:

(1) it is not the owner or operator of any building, structure, installation, equipment, pipe or pipeline, including any pipe into a sewer or publicly-owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock or aircraft from which the release or threat of release has occurred;

(2) it is not a person or the successor to a person described in clauses (2), (3), (4) or (5) of paragraph (a);

(3) no act of the agency or public utility company, or of the agency's or public utility company's employee or agent, caused or contributed to the release or threat of release or caused the release or threat of release to become worse than it otherwise would have been;

(4) it notified the department immediately upon obtaining knowledge of a release or threat of release for which notification is required pursuant to, and in compliance with, section seven or regulations promulgated pursuant thereto;

(5) it provided reasonable access, including moving utilities or disrupting service, to the site or vessel to employees, agents and contractors of the department to conduct response actions, and to other persons intending to conduct necessary response actions;

(6) if it has undertaken a response action or portion of a response action at the site, the public utility company conducted such response action or portion of a response action in compliance with the requirements of this chapter and the Massachusetts Contingency Plan; and

(7) it did not know or have reason to know of the presence of oil or hazardous material on the site when it came into possession of the right of way.

For purposes of this subsection, the phrase "public utility company" means the Massachusetts Municipal Wholesale Electric Company established pursuant to chapter seven hundred and seventy-five of the acts of nineteen hundred and seventy-five, or any successor thereto, Massachusetts municipal light departments organized under chapter one hundred and sixty-four or any other special law, and Massachusetts gas and electric companies made subject to the jurisdiction of the department of public utilities by any provision of law except chapter one hundred and ten A of the General Laws and chapter six hundred and fifty-one on the acts of nineteen hundred and ten, as amended.

SECTION 300. Said chapter 21E is hereby further amended by inserting after section five the following sections:-

Section 5A. The department may establish an administrative record upon which the department shall base the selection of a response action in those cases where (i) the department itself, or acting through its agents or contractors, carries out a response action, or (ii) the department issues an order subject to subsection (b) of section ten. The administrative record shall be available to the public at the department office most convenient to the site, vessel or location in question. The department may also place duplicates of the administrative record at any other location.

The department shall promulgate regulations, in accordance with section three of chapter thirty A, establishing procedures governing the appropriate participation of interested persons in the development of the administrative record on which the department will base the review of response actions and on which judicial review of response actions will be based.

The department shall provide for the participation of interested persons, including persons who are, or who are potentially, persons described in paragraph (a) of section five, in the development of the administrative record on which the department will base the selection of response actions and on which judicial review of response actions will be based. The procedures developed pursuant to this section shall include, at a minimum, the following:-

(1) notice to potentially affected persons, to the extent known to the department, and to the public, which notice shall be accompanied by a brief analysis of the plan and alternative plans that were considered;

(2) a reasonable opportunity to comment and provide information regarding the plan;

(3) a reply to each of the comments, criticisms and new data that are submitted to the department and that the department determines are significant; and

(4) a detailed statement of the basis and purpose of the selected response action, including a description of conditions at the site or vessel, risks and criteria for the selected response actions.

For purposes of this section, the administrative record shall include all items developed or received by the department pursuant to this section, and all items developed, received or published by the department or made available to the public pursuant to section fourteen.

The department shall promulgate regulations establishing standards for the content of the administrative record. Until such regulations take effect, the administrative record shall consist of all items developed and received pursuant to procedures used by the department for selection of the response action, including procedures for the participation of interested parties and the public, on the date this section first takes effect.

The development of an administrative record and the selection of a response action pursuant to this chapter shall not be an adjudicatory proceeding and shall not be subject to those provisions of chapter thirty A, or of any other law, governing adjudicatory proceedings.

The department shall make reasonable efforts to identify and notify potentially responsible parties as early as possible before selection of a response action.

Nothing in this section shall be construed as a defense to liability.

Section 5B. No court shall have jurisdiction to review any issue concerning the adequacy of any response action in those cases where the department itself, or acting through its agents or contractors, carries out a response action pursuant to this chapter, unless the proceeding in the court is one or any combination or more than one of the following:-

(1) an action under section four for contribution, reimbursement or for equitable sharing of the costs of response action or for other liability pursuant to this chapter; provided, that the court shall not make any ruling or decision that affects the rights or interests of the commonwealth unless the commonwealth is a party to the action; or

(2) an action under section five to recover costs or damages; or

(3) an action under subsection (c) of section ten for reimbursement of the reasonable costs of compliance with the order; or

(4) an action under section eleven for civil or criminal penalties; or

(5) an action brought by the commissioner or the attorney general pursuant to section eleven for injunctive relief; or

(6) judicial review, pursuant to the provisions of chapter thirty A governing adjudicatory proceedings, of a civil administrative penalty assessed pursuant to section sixteen of chapter twenty-one A.

If the department establishes an administrative record in accordance with section five A, in any judicial action, judicial review of any issues concerning the adequacy or reasonableness of any response action taken by the department, or by its agents or contractors, pursuant to this chapter shall be limited to said administrative record. Otherwise applicable principles of administrative law shall govern whether any supplemental materials may be considered by the court.

In considering objections raised in any judicial action concerning the adequacy or reasonableness of any response action taken or ordered by the department pursuant to this chapter, the court shall uphold the department's decision in selecting the response action unless the objecting party persuades the court that the decision was arbitrary and capricious or otherwise not in accordance with law. If the court finds that the selection of the response action was arbitrary and capricious or otherwise not in accordance with law, the court shall not award those response costs or damages that are arbitrary or capricious, are not in accordance with law, or are inconsistent with the Massachusetts Contingency Plan, and the court shall award those response costs or damages that are not arbitrary or capricious, are in accordance with law, and are consistent with the Massachusetts Contingency Plan. In reviewing alleged procedural errors, the court may disallow costs, damages, penalties or other relief only if the errors were so serious and related to matters of such central relevance to the action that the action would have been significantly changed had such errors not been made.

SECTION 301. Section 6 of said chapter 21E is hereby amended by inserting at the end thereof the following paragraphs:-

If necessary to carry out the purposes of this chapter, the department may acquire real property, or any interest therein, by purchase, gift or lease, or by eminent domain under the provisions of chapter seventy-nine.

If necessary to carry out the purposes of this chapter, the department may restrict the use of property that is or was a site or vessel, and may modify or release such restrictions. Such restrictions may be in perpetuity or for a specified number of years. No restriction held by the department shall be unenforceable on account of lack of privity of estate or contract or lack of benefit to particular land or on account of the benefit being assignable or being assigned to any other governmental body, provided that such restrictions or assignments are approved by the commissioner of the department.

The department may itself record, or may cause, allow or require the owner of the property to record, notice of the restrictions of the use of such property or of the modification or release of such restrictions. If the property to be restricted is real property, such notice of restriction shall be effective when duly recorded and indexed in the grantor index in the registry of deeds or registered in the registry district of the land court for the county or district wherein the land lies so as to affect its title, and describes the land by metes and bounds or by reference to a recorded or registered plan showing its boundaries. If the property is personal property, whether tangible or intangible, such notice shall be recorded in accordance with section 9-401 of chapter one hundred and six. Any such restriction, modification or release shall be sufficient if executed or approved by the commissioner of the department.

SECTION 302. Section 7 of said chapter 21E is hereby amended by striking the first sentence and inserting in place thereof the following sentence:- Any owner or operator of a site or vessel, and any person otherwise described in paragraph (a) of section five, and any fiduciary or secured lender who holds title to or possession of a site or vessel, as soon as he has knowledge of a release or a threat of release of oil material, shall immediately notify the department thereof.

SECTION 303. Said section 7 of said chapter 21E is hereby further amended by inserting at the end thereof the following paragraph:-

By no later than July first, nineteen hundred and ninety-three, the department shall promulgate in accordance with section two of chapter thirty A, and shall submit to the state secretary for publication in the Massachusetts Register in accordance with sections five and six of chapter thirty A, regulations establishing thresholds below which notification shall not be required by this section, and procedures for giving notification required pursuant to this section. By no later than January first, nineteen hundred and ninety-three, the department shall submit to the state secretary for publication in the Massachusetts Register, and the state secretary shall publish in the Massachusetts Register, in accordance with sections five and six of chapter thirty A, the notice required by section two of chapter thirty A and a draft of the regulations described in the preceding sentence. After the initial promulgation of regulations required by this section, the department may amend or repeal them, or adopt additional ones, in accordance with all applicable requirements of chapter thirty A.

SECTION 304. Said chapter 21E is hereby amended by striking out section 8 and inserting in place thereof the following:-

Section 8. For the purpose of the administration and enforcement of this chapter and for the protection of public health, safety, or welfare, or the environment, authorized personnel, agents and contractors of the department may enter any site, any vessel, or any location to be investigated as a possible site at reasonable times and upon reasonable notice, to investigate, sample and inspect any records, conditions, equipment, practice or property. Where necessary to ascertain facts relevant to, or not available at, such location, site or vessel where oil or hazardous material is or might be located, any person shall, upon request of any officer, employee or duly authorized representative of the department, furnish information relating to said oil or hazardous material and shall permit said officers, employees or authorized representatives to have access to, and to copy, all records relating to said oil or hazardous materials. In the event that the department reasonably determines as a result of such investigation, sampling or inspection that there has been a release or that there is a threat of release of oil or hazardous material from or at such location, site or vessel, the department and its authorized personnel, agents, representatives or contractors may enter such location, site or vessel and areas proximate thereto and undertake such actions pursuant to section four and the Massachusetts Contingency Plan relative to the assessment, containment and removal of oil or hazardous material as it reasonably deems necessary. The authorized agents or contractors of a person who is, or who is potentially, a person described in paragraph (a) of section five, may, with the approval or on the order of the department, and subject to any terms, conditions and requirements that the department may impose on such approval or order, enter any site, any vessel, or any location to be investigated as a possible site not owned or operated by him for the purposes of performing response actions in accordance with the Massachusetts Contingency Plan and an order or approval of the department.

In the event that it has reason to believe that the owner or operator of a site or vessel, or a fiduciary or secured lender that has title to or possession of a site or vessel, has made fraudulent representations to the department or has destroyed or concealed evidence relating to a release or threat of release or to the assessment, containment or removal of a release or threat of release, the department may seize any records, equipment, property or other evidence as it deems necessary. During the course of any assessment, containment and removal actions, the department may restrict and deny entry to the site or vessel and proximate property to protect the public health, safety, welfare and the environment and to provide for the efficient, expeditious and safe conduct of such actions; such restriction and denial shall not preclude access by the owner or operator of such site or vessel, or a fiduciary or secured lender that has title to or possession of such site or vessel; provided, that such owner, operator, fiduciary or secured lender complies with all safety and operational protocols and requirements imposed by and to the satisfaction of the department and provided further that such owner, operator, fiduciary or secured lender does not interfere with the efficient, expeditious and safe conduct of the department's assessment, containment and removal actions.

SECTION 305. Section 9 of said chapter 21E is hereby amended by striking the first sentence of the first paragraph and inserting in place thereof the following sentence:- Whenever it has reason to believe that oil or hazardous material has been released or that there is a threat of release of oil or hazardous material, the department may issue to any person described in paragraph (a) of section five an order requiring such person to conduct an assessment of such release or threat of release.

SECTION 306. Said section 9 of said chapter 21E is hereby further amended by striking the second paragraph and inserting in place thereof the following paragraph:-

Whenever in the opinion of the department a release or threat of release poses a significant danger to the public health, safety, welfare, or the environment, the department may issue to any person described in paragraph (a) of section five an order requiring such person to conduct such containment and removal actions, consistent with the Massachusetts Contingency Plan, as the department reasonably deems necessary.

SECTION 307. Said chapter 21E is hereby amended by striking out section 10 and inserting in place thereof the following:-

Section 10. The issuance of an order pursuant to section nine shall be subject to the following provisions. The department shall, in its sole discretion, choose which of the following provisions shall be applicable to a particular order. Notice of the department's choice, and of the applicable provisions, shall be included in the order.

(a) The issuance of an order not subject to any other provision of this section shall be an adjudicatory proceeding and shall be subject to all provisions of chapter thirty A governing adjudicatory proceedings. Any person aggrieved by the issuance of an order may request an adjudicatory hearing before the department. Any such order shall contain a notice of the right to request a hearing and may specify a reasonable time limit, not to exceed twenty-one days, within which said person shall request said hearing. If no such request is timely made, the order shall be deemed assented to. If a timely request is received, the department shall act upon such request within a reasonable time in accordance with said provisions of chapter thirty A.

(b) (1) The provisions of this subsection (b) shall apply to the following orders:

(A) Orders, or parts of orders, in which the department finds that an imminent hazard to public health, safety, or welfare, or to the environment could result in avoidable delay in compliance.

(B) An order to any person described in paragraph (a) of section five to apply for a permit to carry out, or to carry out, or both, response actions at or for the site, provided that the following conditions are met:

(i) The site in question has been listed pursuant to subsection (b) of section three A, and

(ii) The department has given the person in question reasonable opportunity to voluntarily apply for a permit or carry out the response actions in question, and

(iii) The department makes a finding, which appears in the order, together with a brief and concise statement of the department's reasons for making said finding, that it would be contrary to the public interest for needed or appropriate response actions to be deferred any longer or to force the government to use government funds to pay so that such response actions are not deferred any longer, and

(iv) The order contains a brief, concise statement of notice of the rights of reimbursement and review set forth in this subsection (b).

(2) An order issued pursuant to this subsection (b) shall become effective and enforceable immediately upon issuance. Such order shall not be an adjudicatory proceeding and shall not be subject to those provisions of chapter thirty A, or any other law, governing adjudicatory proceedings. Any person who receives and complies with the terms of such order may, within ninety days after completion of such compliance, petition the department for reimbursement for the reasonable costs of such compliance. The department may grant the petition only if the department is persuaded that (i) either the person to whom the order was issued was not liable pursuant to this chapter, or was entitled to the benefits of an affirmative defense or limitation on liability set forth in this chapter or in any other applicable law, and (ii) the costs for which reimbursement are sought are for compliance with the order and were incurred reasonably and in good faith. The refusal by the department to grant all or part of such petition shall not be an adjudicatory proceeding and shall not be subject to those provisions of chapter thirty A, or any other law, governing adjudicatory proceedings. If the department refuses to grant all or part of such petition, the petitioner may within ninety days of receipt of such refusal file a civil action against the department in the superior court department of the trial court.

(3) No court shall have jurisdiction to review an order issued pursuant to this subsection (b), or to take any action with respect thereto, unless the proceeding in the court is one or any combination of more than one of the following:-

(A) an action pursuant to section four for contribution, reimbursement, or for equitable sharing of the costs of response action or of other liability pursuant to this chapter; or

(B) an action pursuant to section five to recover costs or damages; or

(C) an action pursuant to this subsection (b) for reimbursement of the reasonable costs of compliance with the order; provided, that the court shall award such reimbursement only to the extent the court finds that it is persuaded, by a preponderance of the evidence, that the department erred in refusing to grant the petition for such reimbursement; or

(D) an action pursuant to section eleven for civil or criminal penalties; or

(E) an action brought by the commissioner or the attorney general pursuant to section eleven for injunctive relief; or

(F) judicial review, pursuant to the provisions of chapter thirty A governing adjudicatory proceedings, of a civil administrative penalty assessed pursuant to section sixteen of chapter twenty-one A.

(4) The department may establish an administrative record upon which the department shall base the selection of a response action required in an order issued pursuant to subsection (b). The development of such administrative record shall be in accordance with the provisions of section five A. If the department establishes an administrative record, judicial review of any issues associated with the adequacy or reasonableness of any response action required in such order shall be limited to said administrative record. Otherwise applicable principles of administrative law shall govern whether any supplemental materials may be considered by the court.

SECTION 308. The third paragraph of section 11 of said chapter 21E is hereby amended by striking out the last sentence.

SECTION 309. Said chapter 21E is hereby further amended by inserting after section eleven the following section:-

Section 11A. Notwithstanding any other general or special law to the contrary, civil actions pursuant to this chapter shall be brought in accordance with the following deadlines:

(1) Actions brought by the attorney general pursuant to sections five or ten or both to recover response costs incurred by the commonwealth, and actions brought by the attorney general to enforce or foreclose liens recorded or filed pursuant to this chapter, shall be commenced within five years from the date the commonwealth incurs all such costs or five years from the date the commonwealth discovers that the person against whom the action is being brought is a person liable pursuant to this chapter for the release or threat of release on account of which the commonwealth has incurred such costs, whichever is later.

(2) Actions brought by persons other than the commonwealth pursuant to sections four or four A to recover reimbursement, contribution or equitable share shall be commenced within three years after the date the person seeking such recovery discovers or reasonably should have discovered that the person against whom the action is being brought is a person liable pursuant to the provisions of this chapter for the release or threat of release for which such costs or liability were incurred, or within three years of the time when the person bringing the action first learns of a material violation of an agreement entered into pursuant to section four A, or within three years after the person bringing the action incurs all response costs, or within three years after payment by the person seeking contribution, reimbursement, or an equitable share for liability pursuant to the provisions of this chapter, or within three years after sending notice pursuant to the first paragraph of section four A, whichever is later.

(3) Actions brought by the commonwealth pursuant to this chapter to recover for damage to natural resources, including costs of assessment and evaluation, or for damage to real or personal property, shall be commenced within three years after the date of the discovery of the damage or loss and its connection with the release in question, or three years after the date the commonwealth discovers that the person against whom the action is being brought is a person liable pursuant to this chapter for the release or threat of release that caused the damage, or by the deadline specified in subsection (1) of this section, whichever is later.

(4) Actions by persons other than the commonwealth to recover for damage to real or personal property shall be commenced within three years after the date that the person seeking recovery first suffers the damage or within three years after the date the person seeking recovery of such damage discovers or reasonably should have discovered that the person against whom the action is being brought is a person liable pursuant to this chapter for the release or threat of release that caused the damage, whichever is later.

(5) Actions brought against the commonwealth for reimbursement of response costs pursuant to subsection (b) of section ten shall be commenced within the deadline set forth therein.

SECTION 310. Said chapter 21E is hereby amended by striking out said section 13 and inserting in place thereof the following:-

Section 13. Any liability to the commonwealth under this chapter shall constitute a debt to the commonwealth. Any such debt, together with interest thereon at the rate of twelve percent per annum from the date such debt becomes due, shall constitute a lien on all property owned by persons liable under this chapter when a statement of claim naming such persons is recorded, registered or filed. If a fiduciary or a secured lender has title to or possession of the property, and if the fiduciary or secured lender is not a person liable under this chapter when a statement of claim is recorded, registered or filed, such debt, together with interest thereon at the rate of twelve percent per annum from the date such debt becomes due, shall constitute a lien on the property in question when a statement of claim describing such property is duly recorded, registered or filed. If the site described in such statement comprises real property, such lien shall be effective when duly recorded and indexed in the grantor index in the registry of deeds or registered in the registry district of the land court for the county or district wherein the land lies so as to affect its title, and describes the land by metes and bounds or by reference to a recorded or registered plan showing its boundaries. In addition, such lien shall be effective with respect to such other real property owned by such person when notice thereof is duly recorded and indexed in the registry of deeds or registered in the registry district of the land court for the county or district wherein any such other land lies. If the site described in such statement is personal property, whether tangible or intangible, the statement shall be filed in accordance with the provisions of section 9-401 of chapter one hundred and six. Any such statement shall be sufficient if executed or approved by the commissioner of the department. Any lien recorded, registered or filed pursuant to this section shall have priority over any encumbrance theretofore recorded, registered or filed with respect to any site, other than real property the greater part of which is devoted to single or multi-family housing, described in such statement of claim, but as to other real property shall be subject to encumbrances or other interests recorded, registered or filed prior to the recording, registration or filing of such statement, and as to all other personal property shall be subject to the priority rules of said chapter one hundred and six. Such lien shall continue in force with respect to any particular real or personal property until a release of the lien signed by the commissioner is recorded, registered or filed in the place where the statement of claim as to such property affected by the lien was recorded, registered or filed. In addition to discretionary releases of liens, the commissioner shall forthwith issue such a release in any case where the debt for which such lien attached, together with interest and costs thereon, has been paid or legally abated. If no action to enforce or foreclose the lien is brought by the deadline prescribed in subsection (1) of section eleven A, the lien shall be dissolved after said deadline. This section shall not apply to any property, real or personal, tangible or intangible, any money, fees, charges, revenues or otherwise, owned payable to or by, held in trust by or for, or otherwise owned, operated or managed by the Massachusetts Municipal Wholesale Electric Company established pursuant to chapter seven hundred and seventy-five of the acts of nineteen hundred and seventy-five, Massachusetts municipal light departments organized under chapter one hundred and sixty-four or any other special law, or with respect to any property real or personal whatsoever of municipal light departments administered pursuant to chapters forty-four and one hundred and sixty-four A. Notwithstanding the foregoing, the aforesaid Massachusetts Municipal Wholesale Electric Company and municipal light departments shall use their authority as provided by applicable statutes to assess, contain or remove any such oil or hazardous material release for which they are responsible under this chapter.

The provisions of this section shall apply to any site or vessel which has been the subject of a response action and which is owned or possessed by a fiduciary or secured lender, except that nothing in this section shall be deemed to allow the commonwealth to take any action otherwise authorized by this section with respect to any property while it is owned or possessed by a secured lender except to (1) record, register or file a lien or release of a lien as provided in this section, (2) in the case of real property, foreclose upon a lien and subsequently sell the property in question in accordance with the procedures set forth in chapter two hundred and forty-four, and (3) in the case of personal property, take possession and sell, lease or otherwise dispose of the secured property in accordance with the procedures for the disposition of collateral set forth in part five of section nine of chapter one hundred and six. If the property is sold for less than the amount of the lien, a secured lender who meets the requirements of clause (b) of the definition of owner or operator in section two shall not to be deemed an owner or operator of the site or vessel in question and shall not be liable to the commonwealth for the deficiency.

SECTION 311. Said chapter 21E is hereby amended by striking out said section 14 and inserting in place thereof the following:-

Section 14. (a) Upon written petition of ten or more residents of a municipality in which a site is located, or of a municipality potentially affected by a site, the department shall hold a public meeting at a time and location convenient to the affected public, and at such meeting shall present a proposed plan for involving the public in decisions regarding response actions at the site. The department shall inform residents of potentially affected communities of the meeting by causing notice thereof to be published in newspapers that circulate in said communities and by concurrently submitting to said newspapers a press release with the same information. The department shall design the proposed plan to ensure the following: that interested members of the public will have sufficient notice, access to documents and opportunity to comment to enable them to affect decisions regarding response actions at the site; that all public meetings or hearings will be held at locations and times convenient to the affected public; and that public documents regarding the site will be available at locations and at times convenient to the affected public. Following the meeting on the proposed plan, the department shall revise the plan to reflect comments it receives and make it available to the public. The department may, by regulation or order or both, require persons who carry out response actions to carry out the requirements of this section. Nothing in this section shall preclude the department from developing a public participation plan or conducting public meetings or hearings in the absence of a petition, or from requiring persons who carry out response actions to do so.

(b) Subject to appropriation, the department may provide for limited grants to be given to any group of individuals who may be affected by oil or hazardous materials from any site, or to any city or town or agency thereof that might be affected by oil or hazardous materials from any site, or to any district or other body politic that owns or operates a public water supply system that might be affected by oil or hazardous materials from any site. Any recipient of such a grant shall use it to obtain advice and technical assistance on matters relating to handling of sites pursuant to this chapter. The department shall have in effect at all times regulations, which the department may amend or revise from time to time, specifying terms and conditions of eligibility for and use of such grant.

(c) The chief municipal officer of a city or town in which a site is located may appoint from members of the potentially affected public an individual or individuals, to inspect the site on behalf of the community. Such individual or individuals shall be given reasonable opportunities by the department and the site owner or operator, or a fiduciary or secured lender, who has ownership or possession of the site, to inspect such site prior to, during and after the implementation of major response actions, and may bring with them on such inspections experts on oil or hazardous materials releases or responses.

SECTION 312. All rules and regulations including, without limitation, the Massachusetts Contingency Plan, all orders, and all approvals adopted or issued pursuant to the authority of chapter twenty-one E of the General Laws, as in effect prior to the effective date of this act, shall continue in force and effect and shall be enforceable until they expire or until suspended, revised, rescinded or otherwise modified in accordance with said chapter twenty-one E, as amended by this act.

SECTION 313. Any suit, action, cause of action or other proceedings lawfully commenced or arising prior to the effective date of the amendments made to chapter twenty-one E of the General Laws by act shall not abate by reason of the passage of such amendments.

SECTION 314. The department of environmental protection, hereafter in this section called the department, shall submit a report on the following subjects, including recommendations and proposed regulations or legislation to effectuate them, to the joint committee on natural resources no later than January first, nineteen hundred and ninety-three:

(1) coordinating and making consistent with each other the department's regulations promulgated pursuant to chapter twenty-one E of the General Laws and the department's other regulations; and

(2) the extent to which state and local permitting requirements have affected response actions pursuant to said chapter twenty-one E, and the nature of such effects; and

(3) the extent to which response actions pursuant to said chapter twenty-one E should be subject to requirements for obtaining permits from other State agencies, or to regulations or standards promulgated by other State agencies; and

(4) the extent to which response actions pursuant to said chapter twenty-one E should be subject to requirements for obtaining permits or other approvals from cities or towns or other bodies politic, or to ordinances, by-laws, regulations, or standards promulgated by them.

To the maximum extent practicable, the preparation of the report required by this section shall be coordinated and consistent with the process that the department is required to complete, and any report prepared, on or before January first, nineteen hundred and ninety-three pursuant to subsection (j) of section eighteen of chapter twenty-one A of the General Laws. The department may, in its discretion, consolidate the report required by this section and any report prepared pursuant to said subsection (j) of said section eighteen.

SECTION 315. The initial members of the board of registration of hazardous waste site cleanup professionals established under the provisions of section nineteen A of chapter twenty-one A of the General Laws shall be appointed within ninety days of the effective date of this act.

SECTION 316. The board of registration of hazardous waste site cleanup professionals shall be paid from the cleanup of hazardous waste sites program of the department of environmental protection for fiscal year nineteen hundred ninety-three.

SECTION 317. The definition of "Covered Claim" in section 15 of chapter 21C of the General Laws, as amended by section 351 of chapter 138 of the Acts of 1991, is hereby further amended by striking out the word "ninety-two" and inserting in place thereof the word:- ninety-four.

SECTION 318. The first sentence of section 19 of chapter 21C of the General Laws, as most recently amended by section 352 of chapter 138 of the Acts of 1991, is hereby further amended by striking out the word "ninety-two" and inserting in place thereof the word:- ninety-four.

SECTION 319. Section 12 of chapter 21D of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 59 through 61, the words "COMPACT Fund established by section two M of chapter twenty-nine or the Local Aid Fund established by section two N of said chapter twenty-nine" and inserting in place thereof the following words:- Local Aid Fund.

SECTION 320. Section 3 of chapter 21H of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out in line 218 the words "Categorical Grants Fund" and inserting in place thereof the words:- Local Aid Fund.

SECTION 321. Section 1 of said chapter 21J, as so appearing, is hereby amended by inserting in line 16 after the word "vehicle" the following:- or boat.

SECTION 322. Said section 1 of said chapter 21J, as so appearing, is hereby further amended by inserting in line 33 after the word "vehicle" the word:- , boat.

SECTION 323. Section 4 of chapter 21J of the General Laws, as appearing in the 1990 Official Edition, is hereby amended in line 19 by striking the words "secretary of administration and finance" and inserting in place thereof the words:- state fire marshal.

SECTION 324. Section 6 of said chapter 21J, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The state fire marshal shall make payments from the fund for any claim approved by a majority vote of the board and submitted in writing to said commissioner.

SECTION 325. Section 8 of said chapter 21J, as so appearing, is hereby amended in lines 10 through 13 by striking out the words "the secretary of administration and finance, or his designee, who shall serve as the chairman; the commissioner of the department of environmental protection, or his designee; the state fire marshal, or his designee" and inserting in place thereof the words:- the state fire marshal, or his designee, who shall serve as chairman; the commissioner of the department of environmental protection, or his designee; the commissioner of public safety, or his designee;.

SECTION 326. Section 10 of said chapter 21J, as so appearing, is hereby amended in lines 4 through 5 by striking out the words "secretary of administration and finance" and inserting in place thereof the words:- state fire marshal.

SECTION 327. Section 15D of chapter 22 of the General Laws, as inserted by section 20 of chapter 412 of the acts of 1991 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The director shall initiate investigations and investigate complaints, including complaints initiated by recipients, which indicate the possibility of either a fraudulent claim for payment or services under any assistance program administered by the department of public welfare and the department of social services, or any program administered by said departments, or a receipt of payment or services by a person not entitled thereto.

SECTION 328. Chapter 23 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out section 11I and inserting in place thereof the following new section:-

Section 11I. Every apprentice agreement entered into under sections eleven E to eleven L, inclusive, shall substantially conform to the following basic standards:-

(1) A provision that not less than two thousand hours of employment as an apprentice in the occupation therein referred to shall be required in order to learn such occupation shall be included therein;

(2) A schedule of the work processes to be learned in the occupation shall be set forth therein;

(3) A progressively increasing scale of wages for the apprentice, during the period of his apprenticeship, averaging approximately one-half of the rate of pay of a journeyman over a similar period, shall be set forth therein;

(4) A provision for approximately one hundred and fifty hours per year of related classroom instruction for the apprentice during said period of apprenticeship shall be included therein;

(5) Notwithstanding the provisions of section eleven G, neither the director of apprenticeship, the commissioner, nor the apprenticeship council shall set up and establish conditions and training standards for apprentice agreements which are in conflict with the ratio established in apprenticeable occupations operated by the joint labor management apprentice training programs approved under the provisions of this chapter;

(6) A concise and accurate statement of the terms and conditions of the employment and training of the apprentice shall be set forth therein, and also a statement that such apprenticeship agreement shall be filed, as soon as possible after its execution, with the apprenticeship council; and

(7) A statement that such agreement may be terminated, within six months of its execution, by either the employer or the apprentice involved, for any reason, shall be included therein.

SECTION 329. Section 2 of chapter 23B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting, in line 2, after the word "services" the following:- a bureau of regionalism.

SECTION 330. The second paragraph of section 3 of said chapter 23B, as so appearing, is hereby amended by adding the following clause:-

(v) act as a clearinghouse for information concerning regional endeavors and the joint provision of municipal services; to conduct surveys of cities and towns and other states to identify past and present regional activities, and to provide technical and financial assistance to cities and towns considering or undertaking regional activities.

SECTION 331. Section 8F of chapter 26 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 14 and 33, the words "four hundred thousand" and inserting in place thereof, in each instance, the following:- eight hundred thousand.

SECTION 332. Section 11F of chapter 12 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking the words:- "provided, however, that such expenditures shall not exceed annually the amount assessed against insurance companies under the provisions of section eight F of chapter twenty-six" and by inserting in place thereof the following words:- provided, however, that such expenditures shall not exceed annually one hundred and fifty percent of the amount assessed against insurance companies under the provisions of section eight F of chapter twenty-six".

SECTION 333. Section 1 of chapter 29 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out in lines 32 and 33 the words "Categorical Grants Fund" and inserting in place thereof the words:- Local Aid Fund.

SECTION 334. Said chapter 29, as so appearing, is hereby amended by inserting after section 2C the following new section:-

Section 2C>. There shall be established and set up on the books of the commonwealth a separate fund, subject to appropriation, known as the Local Aid Fund. There shall be credited to such fund the following revenues:

(a) Forty percent of the net sums received under the provisions of chapter sixty-two as taxes on income, interest thereon or penalties, including payments made on account thereof under the provisions of chapter sixty-two B;

(b) Forty percent of the net sums received under the provisions of sections thirty to fifty-one, inclusive, of chapter sixty-three, as excises, interest thereon or penalties, including payments made on account thereof under chapter sixty-three B;

(c) Forty percent of the net sums received under the provisions of chapters sixty-four H and sixty-four I as excises upon the sale at retail of tangible personal property or of services, and upon the storage, use or other consumption of tangible personal property or services, including interest thereon or penalties;

(d) The balance of the State Lottery Fund after the payment of prizes and deductions for the expenses of administering and operating the lottery, as determined by the comptroller in accordance with the provisions of clause (c) of section thirty-five of chapter ten and clause (c) of section thirty-nine of chapter ten; and,

(e) The balance of the Arts Lottery Fund, after the payment of prizes and deductions for the expenses of administering and operating the arts lottery, as determined by the comptroller in accordance with the provisions of section fifty-seven of chapter ten.

Revenue credited to the Local Aid Fund shall be used solely for payment to cities, towns and districts of such amounts as may be appropriated for state assistance, reimbursements and distributions under general and special law; for non-appropriated reimbursements to cities, towns and districts as provided for under general or special law, including payments of state assistance to cities and towns in accordance with the provisions of clause (c) of section thirty-five of chapter ten, but not including amounts distributed from the Highway Fund in accordance with the provisions of section thirty-one of chapter eighty-one; and for the payment of amounts appropriated for the commonwealth's cost of net county court costs in accordance with the provisions of chapter twenty-nine A. Any additional distribution from this fund shall be used solely for the reduction of property taxes.

SECTION 335. Section 2I of said chapter 29, as appearing in the 1990 Official Edition, is hereby amended by striking out the second paragraph, in lines 26 through 41, and inserting in place thereof the following paragraph:-

On or before August fifteenth, the secretary for administration and finance shall certify to the governor the total amount in the Tax Reduction Fund as shown in the financial report of the comptroller for the preceding fiscal year. A temporary increase in the amounts of the personal exemption allowable on the income tax shall be provided, subject to appropriation, for the taxable year ending on the succeeding December thirty-first to the extent that the amount in the Tax Reduction Fund equals an integer multiple of five percent of the amount of the personal income taxes which will not be collected for said taxable year on account of said personal exemptions. Said secretary for administration and finance shall recommend to the commissioner of revenue the amount of the temporary increase, of any, in said personal exemptions for said taxable year. The comptroller shall transfer from the Tax Reduction Fund forty percent of the amount equal to said integer multiple of five percent of the amounts not collected due to said personal exemptions to the Local Aid Fund, and sixty percent of said amount to the General Fund.

SECTION 336. Section 2J of chapter 29 of the General Laws is hereby amended by striking clause (a) and inserting in place thereof the following clause:-

(a) any amounts collected pursuant to sections eleven, nineteen C and nineteen G of chapter twenty-one A;.

SECTION 337. Sections two M and two N of chapter twenty-nine of the General Laws are hereby repealed.

SECTION 338. Section 2Q of chapter 29 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by deleting the third sentence and inserting in place thereof the following sentence:- Amounts credited to said fund shall be expended subject to appropriations.

SECTION 339. Chapter 29 of the General Laws is hereby further amended by inserting after section 2V the following new section:-

Section 2W. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Capital and Infrastructure Project Reserve Fund. Notwithstanding any general or special law to the contrary, there shall be credited to such fund any and all amounts received by or on behalf of the commonwealth from the sale, lease or other permanent or temporary disposition of any real or personal property by any state agency. Amounts credited to such fund shall be used solely to fund expenditures for the construction, reconstruction or repair of capital, highway, infrastructure or environmental projects which have been appropriated by the general court and for which the sale of bonds has been authorized. Amounts so credited to such fund and available to fund expenditures for such authorized projects shall be used to reduce the amount of bonds which would otherwise have to be issued for such purposes.

SECTION 340. Chapter 29 of the General Laws is hereby amended by striking section 2T, as amended by section 108 of chapter 138 of the acts of 1991, and inserting in place thereof the following section:-

Section 2T. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Watershed Management Fund. There shall be credited to such fund the following:

(a) all assessments against the Massachusetts water resources authority established pursuant to section one hundred thirteen of chapter ninety-two, and against any other public or private entity by the commissioner of the metropolitan district commission;

(b) all revenues generated by the metropolitan district commission's division of watershed management which shall include, but not be limited to, the sale of hydroelectricity, recreational or permits fees, and any access fees established pursuant to chapter four hundred thirty-six of the acts of nineteen hundred and ninety;

(c) all revenues from the sale of wood products harvested on watershed lands;

(d) all payments from the Massachusetts water resources authority for debt service pursuant to section one hundred thirteen A of chapter ninety-two; and

(e) all interest earned on monies within the fund.

Amounts credited to the Watershed Management Fund shall be used, subject to appropriation, for the maintenance and operating costs of said division of watershed management, as established in sections one hundred and four to one hundred twenty, inclusive, of chapter ninety-two, including the costs of capital improvements necessary to ensure the safety and purity of the water supply and protection of watershed lands pursuant to state and federal standards, other authorized charges of said division of watershed management, and debt service payments for bonds authorized in said section three of said chapter five hundred sixty-four and said sections twelve and thirteen of said chapter thirty-six for the acquisition of fee simple, development and other rights or interests in land in the areas regulated by said division of watershed management.

SECTION 341. Section 5C of said chapter 29, as so appearing, is hereby amended by striking out in line 18 the words "Categorical Grants Fund" and inserting in place thereof the words:- Local Aid Fund.

SECTION 342. Section 6D of chapter 29 of General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 23 through 27, the words, "section two B shall include all authorizations to continue a prior appropriation, including an amount set out in numeric figures of the prior appropriation continued; section two C shall include all appropriations for the Intragovernmental Service Fund" and inserting in place thereof the following:- section two B shall include all appropriations from the Intragovernmental Service Fund; section two C shall include all authorizations to continue a prior appropriation, including an amount set out in numeric figures of the prior appropriation continued.

SECTION 343. Section 27 of chapter 29 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 9 and 10, the words "established by, and on file with, the joint committees on ways and means;" and inserting in place thereof the words:- established by the house committee on ways and means and filed by the secretary of administration and finance with the house and senate committees on ways and means and the comptroller;.

Section 344. The last sentence of said section 27 of said chapter 29, as so appearing, is hereby amended by inserting, in line 14, after the word "Said", the word:- house.

SECTION 345. The second paragraph of section 60A of said chapter 29, as so appearing, is hereby amended by inserting, in line 39, after the word "house", the words:- committee on ways and means and thirty days after filing such regulations with the house.

SECTION 346. Sections sixty-seven through seventy of chapter twenty-nine of the General Laws are hereby repealed.

SECTION 347. Chapter 29A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after section 3 the following section:-

Section 3A. Notwithstanding any provision to the contrary in section three or any other general or special law, the trial court and the appeals court are hereby authorized to establish a fee-based system and a schedule of fees for electronic access and retrieval of information by attorneys and other members of the public from their automated data bases relating to docket entries, calendaring and other information contained therein. The chief administrative justice of the trial court and the chief justice of the appeals court, or persons duly authorized by them, shall determine which types of information shall be available by remote access and shall otherwise establish by administrative order conditions, methods and means by which such information is to be made available by electronic access. The trial court and the appeals court shall provide such remote access without charge to prosecutors and government agencies. The trial court and the appeals court shall file an annual report with the executive office of administration and finance and the house and senate committees on ways and means on the amount of revenue generated by said fee-based system and said schedule of fees. All revenue generated by said fee-based system and said schedule of fees shall be credited to the General Fund.

SECTION 348. Section 1 of chapter 29B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 45, the words "Categorical Grants Fund" and inserting in place thereof the words:- Local Aid Fund.

SECTION 349. Paragraph (d) of subsection (4) of section 45 of chapter 30 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 78, the words "joint committee" and inserting in place thereof the words:- house committee on ways and means and filed with the senate committee.

SECTION 350. Subsection (7) of said section 45 of said chapter 30, as so appearing, is hereby amended by striking out, in line 129, the words "of the joint committee on ways and means", and inserting in place thereof the words:- of the house committee on ways and means and after notification to the senate committee on ways and means.

SECTION 351. Chapter 31 of the General Laws is hereby amended by striking out section 44, and inserting in place thereof the following section:-

Section 44. The commission may institute appropriate proceedings in the superior court for enforcement of its final orders or decisions. Any party aggrieved by a final order or decision of the commission following a hearing pursuant to any section of this chapter or chapter thirty-one A may institute proceedings for judicial review in the superior court within thirty days after receipt of such order or decision. Any proceedings in the superior court shall, insofar as applicable, be governed by the provisions of section fourteen of chapter thirty A, and may be instituted in the superior court for the county (a) where the parties or any of them reside or have their principal place of business within the commonwealth, or (b) where the commission has its principal place of business, or (c) of Suffolk. The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the commission's order or decision.

SECTION 352. Section 3 of chapter 32 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "hospital", in line 300, the following words:- and the commissioner of probation, associate commissioner of probation, deputy commissioner of probation, supervisor of probation, assistant supervisor of probation, chief probation officer, first assistant chief probation officer, assistant chief probation officer, probation officer in charge and probation officer;.

SECTION 353. Notwithstanding the provisions of any general or special law to the contrary, not more than twenty percent of vacancies resulting from the retirement of employees classified in Group 2 under the provisions of subparagraph (g) of paragraph (2) of section three of chapter thirty-two of the General Laws and who are under the supervision of the commissioner of probation shall be refilled in fiscal year nineteen hundred and ninety-three.

SECTION 354. Paragraph (a) of subdivision (6) of section 22 of chapter 32 of the General Laws, as most recently amended by section one hundred and fourteen of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one, is hereby further amended by inserting after subparagraph (iii) the following:-

(iv) Prior to making the transfers provided for in clause (iii) the state employees' retirement system shall transfer from its investment income account to the General Fund an amount equal to the amount set forth in the state budget for the administration of said system and the state teachers' retirement system shall transfer from its investment income account to the General Fund an amount equal to the amount set forth in the state budget for the administration of said system.

(v) Prior to making the transfers provided for in clause (iii) the state employees' retirement system shall transfer to the General Fund an amount equal to the estimated amount, as certified to the secretary of administration and finance by the office of the treasurer, for those retirement-related costs incurred by the office of the treasurer on behalf of the state employees' retirement system; and the state teachers' retirement system shall transfer to the General Fund an amount equal to the estimated amount, as certified to the secretary of administration and finance by the office of the treasurer, for those retirement-related costs incurred by the office of the treasurer on behalf of the state teachers' retirement system.

SECTION 355. Clause (a) of subdivision (7) of said section 22 of said chapter 32 of the General Laws, as so amended, is hereby further amended by striking after the word "systems" in line 795, the following:- provided, however, that the PRIM Board, on or before January first of each such fiscal year, shall reimburse the commonwealth the amounts appropriated for said expense funds from the PRIT fund.

SECTION 356. The second paragraph of section 22C of chapter 32 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 67 and 68, the words "that the house and senate committees on ways and means shall have reviewed and approved in advance" and inserting in place thereof the words:- that the senate committee on ways and means shall have reviewed and that the house committee on ways and means shall have approved in advance.

Section 357. The fourth sentence of the second paragraph of said section 22C of said chapter 32, as so appearing, is hereby amended by striking out, in line 79, the words, "and senate committees on ways and means, respectively, have" and inserting in place thereof the words:- committee on ways and means has.

SECTION 358. The second paragraph of subdivisions (1) of section 22D of said Chapter 32, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 39, the words "ninety-one" and inserting in place thereof the following words:- ninety-four.

SECTION 359. The first paragraph of section 65C of chapter 32 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the words "or sixty-five D" appearing in line 5 and inserting in place thereof the following words:- sixty-five D, sixty-five F, or sixty-five I.

SECTION 360. Said chapter 32, as so appearing, is hereby amended by inserting after section 65G the following two sections:-

Section 65H. A chief justice, administrative justice, justice, associate justice, judge, associate judge, or special justice, hereafter in this section and in section sixty-five I called judge, who has paid the full amount of the contributions required, if any, by paragraph (b) of section sixty-five D, shall receive a retirement allowance, at the option of the judge and in lieu of any pension or retirement allowance to which he may be entitled, if any, under section sixty-five A, sixty-five B, or sixty-five D, to become effective on the date of his retirement. Payments under such retirement allowance shall be made as provided in sections twelve and thirteen. The yearly amount of such retirement allowance to a judge provided for under this section shall, subject to the limitations set forth in this section, be based on the salary of the judge at the time of his retirement, multiplied by the number of continuous years of service as a judge, and further multiplied by the percent allowable based on the age at the date of retirement as shown in the following table:

Percent Allowable Age at Date of Retirement

5.0 65 or over

4.5 64

4.0 63

3.5 62

3.0 61

2.5 60

2.3 59

2.1 58

1.9 57

1.7 56

1.5 55

The amount of the retirement allowance provided for in this section shall not exceed seventy-five percent of the salary of the judge at the time of his retirement. No such retirement allowance shall be paid unless the judge shall have served continuously as a judge for at least ten years. For the purpose of this section, a year of service as a special justice shall be computed by dividing the number of days of actual sittings in such capacity by two hundred and sixty, whether or not such sittings occurred in one calendar or fiscal year. A judge shall be deemed to have served continuously even though a period not in excess of thirty days shall have intervened between the holding of one judicial office and the holding of another judicial office.

Section 65I. Any judge may, voluntarily and on his own initiative, apply for an allowance under the provisions of section six or seven, and, if found eligible for such allowance under the provisions of such sections, may, without an order of the governor or the consent of his council, receive such an allowance upon the terms applicable to a member classified in Group I in lieu of any other retirement allowance for which he might otherwise be eligible.

SECTION 361. Section 4A of chapter 32A of the General Laws is hereby amended by striking out, in lines 6 and 7, the words "carrier or non-profit hospital or medical service corporation or other third-party administrator" and inserting in place thereof the following words:- carrier, non-profit hospital or medical service corporation, health maintenance organization, preferred provider organization, independent practice association or other third-party health care administrators.

SECTION 362. The fourth paragraph of section 8 of chapter 32A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking the sixth sentence beginning in line 112 and inserting in place thereof the following sentence:- The Massachusetts Parking Authority, the metropolitan area planning council, the Massachusetts State College Building Authority, Worcester county, the county cooperative extension service of Suffolk county, local housing authorities and redevelopment authorities and all other non-state-funded agencies and authorities, shall reimburse the commonwealth for all contributions made on behalf of their employees and retirees including the applicable administrative expense as determined by the commission.

SECTION 363. Section 4 of chapter 32B of the General Laws, as most recently amended by section 384 of chapter 138 of the acts of 1991, is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:- Any such collective bargaining agreement shall provide for benefits, monetary or otherwise, in lieu of such coverage for employees who were covered as of July first, nineteen hundred and ninety-two by the employer's group or nongroup health insurance plan pursuant to the provisions of this chapter.

SECTION 364. Said section 4 of said chapter 32B, as so appearing, is hereby further amended by striking out the fifth sentence and inserting in place thereof the following sentence:- The employer may offer nonunit employees who were covered as of July first, nineteen hundred and ninety-two under the employer's group or nongroup health insurance plan, alternative benefits in lieu of such coverage.

SECTION 365. Said section 4 of said chapter 32B, as so appearing, is hereby further amended by striking out the eighth sentence and inserting in place thereof the following sentences:- Once an employee elects to terminate his insurance by withdrawing, such insurance benefits shall cease to be effective on the date up to which the premium has been paid. The employer shall provide that if an employee who elects withdrawal under the provisions of this section and under the relevant clauses of an applicable collective bargaining agreement, ceases to be covered by a group of nongroup health insurance plan financed without any participation by the employer, or by another employee's insurance under a group or nongroup health insurance plan offered by the employer, such employee shall thereupon be covered by the employer's group or nongroup health insurance plan pursuant to this chapter as of the date he informs the employer in writing of such termination of insurance coverage. Any benefits, monetary or otherwise, paid to such employee in accordance with this section, shall be ratably reduced, and any amounts paid hereunder which are allocable to periods of employment after such insurance coverage by the employer's group or nongroup health insurance plan are reinstated may be recovered by the employer under such terms and such conditions as shall be provided in a collective bargaining agreement, for employees whose terms and conditions of employment are so governed, or as determined by the employer, for employees whose terms and conditions of employment are not subject to collective bargaining.

SECTION 366. Section 12 of chapter 32B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by adding at the end thereof the following:-

Two or more governmental units may also join together, by means of a trust or joint purchase agreement, when providing hospital, surgical, medical, dental and other health care coverage as authorized by this chapter. In lieu of or in addition to entering into the insurance policies, agreements or contracts described in this chapter, a trust or joint purchase group may enter into an administrative services or other contract with one or more insurance companies, nonprofit hospital, medical or dental service corporations organized under chapter one hundred and seventy-six A, chapter one hundred and seventy-six B or chapter one hundred and seventy-six E, or with one or more health care organizations, or with one or more third party administrators or other entities to organize, arrange or provide for the delivery or payment of health care coverage or services, as provided in section three A. In such case, the trust or joint purchase agreement shall make provisions for the allocation of the claims, administrative and other expenses of the trust or joint purchase group among the participating governmental units, and shall set forth a schedule pursuant to which the treasurer of each participating governmental unit shall forward to the treasurer of the trust or joint purchase group, from the governmental unit's claims trust fund, that governmental unit's allocation of the trust or joint purchase group's claims, administrative or other expenses. The requirements of section three A shall apply to any governmental unit which participates in any such trust or joint purchase agreement, except to the extent that those requirements would conflict with the provisions of this paragraph. Nothing in this section shall be construed to prevent two or more governmental units pursuant to a joint purchase or trust agreement from jointly negotiating and purchasing other coverage as authorized by this section.

SECTION 367. Said chapter 32B of the General Laws, as so appearing, is hereby further amended by adding after section eighteen, as inserted by chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one, the following new section:-

Section 19. (a) Notwithstanding the provisions of any other section in this chapter, the appropriate public authority of any governmental unit which has undertaken to provide health coverage to its employees, retirees, surviving spouses or dependents who shall hereafter be referred to as subscribers by acceptance of any other section of this chapter may instead elect provide health coverage to all such subscribers pursuant to the provisions of this section, by entering into a contract or contracts with any one or more health carriers, or by transferring such subscribers to the group insurance commission established pursuant to chapter thirty-two A of the General Laws pursuant to subsections (d) or (e) herein. This section shall be deemed to have been accepted by a governmental unit where all its public employers and the appropriate employee organizations have reached agreement regarding health coverage and the public authority has, in conformity with any applicable collective bargaining agreements, entered into one or more contracts with a health carrier or carriers pursuant to the terms of this section or transferred subscribers to the said commission pursuant to subsections (d) or (e). Nothing in this section shall preclude a public employer from agreeing to establish a health and welfare trust under section fifteen of this chapter. For purposes of this section, a health carrier shall include any insurance company organized pursuant to chapter one hundred and seventy-six G, preferred provider organization organized pursuant to chapter one hundred and seventy-six I, or, in the case of a governmental unit which is partially or fully self-insured with respect to health coverage, any third party administrator selected by the governmental unit, which may include but is not limited to any health carrier.

The appropriate public authority may contract with a health carrier for direct coverage of subscribers for whom the carrier's geographic service area provides appropriate access and coverage for other subscribers in accordance with subsection (d) herein.

(b) Nothing in this section shall be deemed to require, preclude or permit any change in any aspect of health coverage for active employees authorized by this section except where the parties to a collective bargaining agreement under chapter one hundred and fifty E agree to provide for such change in an agreement entered into or modified subsequent to the effective date of this subsection.

(c) Nothing in this section shall be construed so as to relieve any governmental unit from providing health coverage to any employee, retiree, surviving spouse or dependent to whom it has an obligation to provide coverage under any other provision of this chapter.

(d) If the appropriate public authority enters into a contract with a health carrier under this section, the health carrier may, pursuant to this subsection, provide for or arrange for the provision of coverage for those subscribers who, by reason of residence or domicile, could not be appropriately served within the service area of said health carrier. Coverage for active employees under this subsection shall be pursuant to and in conformity with any applicable collective bargaining agreement and shall conform to the requirements of this section, including subsections (b) and (c) hereof. Notwithstanding any other law to the contrary, coverage that may be provided by said health carrier for subscribers who by reason of residence or domicile cannot be appropriately served within the service area of said health carrier, may be based upon contractual arrangements with health care providers or other carriers, provided that such contractual arrangements are consistent with the contract between the health carrier and the appropriate public authority; and provided further that such arrangements shall provide coverage for retirees which is substantially equivalent to the coverage provided to active employees within the health carrier's service area.

In the event the health carrier is unable to procure such coverage for subscribers by reason of their residence or domicile, the health carrier shall forward the names of such subscribers to the appropriate public authority, or in the event the appropriate public authority is otherwise unable to procure such coverage for said subscribers, the appropriate public authority shall transfer said subscribers to the said commission consistent with the provisions of subsection (f).

(e) Where collective bargaining agreements covering all collective bargaining units of the governmental unit executed or modified subsequent to the effective date of this subsection to provide, the appropriate public authority shall, for a period of time specified by regulation of said commission, transfer to said commission all subscribers for whom it provides health coverage. The regulations of said commission shall permit the governmental unit, upon agreement with all collective bargaining units of the governmental unit, to withdraw from such transfer to said commission after a period of not less than three years following such transfer consistent with the provisions of subsection (f).

(f) Said commission shall negotiate and purchase health coverage for subscribers transferred pursuant to subsection (d) and subsection (e) and shall promulgate regulations for coverage of such subscribers so transferred. The schedule of benefits available to such transferred subscribers shall be determined by said commission in accordance with chapter thirty-two A. All such subscribers shall be offered at least the same choice as to health carriers as is made available to state employees. The governmental unit's contribution to the cost of health coverage for such subscribers shall be as determined under this section, and shall not be subject to the provisions on contributions in said chapter thirty-two A. Said commission may require the governmental unit to collect and forward to the said commission the full premium or cost of coverage, including the employee's contribution, if any. For the purposes of calculating the full premium or cost of coverage for subscribers transferred pursuant to subsection (d), the claims experience of all retirees transferred thereunder shall be combined with the claim of all active employees so transferred. Said commission may also charge the governmental unit an administrative fee to be determined by said commission which shall be paid by the governmental unit and shall not be considered as part of the cost of coverage for purposes of determining the contributions of the governmental unit and its employees to the cost of health coverage.

(g) For purposes of this subsection, and subsections (h) and (i), a governmental unit shall be deemed to be offering its subscribers a primary carrier if, pursuant to collective bargaining agreements executive or modified subsequent to the effective date of this subsection, it offers those subscribers comprehensive health insurance coverage by contracting with an entity licensed under chapter one hundred and seventy-five, chapter one hundred and seventy-six A or chapter one hundred and seventy-six B, by transferring subscribers to the group insurance commission under subsection (e), or by providing such coverage through self-insurance and a third party administrator as defined in subsection (a).

(h) If the carrier or carriers selected to provide coverage to subscribers under this section include a primary carrier, the governmental unit's contribution to the premium or cost of such coverage, exclusive of any administrative fee charged pursuant to subsection (f), shall be as established for active employees and retirees pursuant to sections seven, seven A, nine A and nine E of this chapter; and the governmental unit's contributions to any other carrier, including other carriers with whom the appropriate public authority contracts directly and other carriers whose products are available to employees transferred to the said commission pursuant to subsections (d) and (e), shall be the same amount as the governmental unit's contribution to the premium or cost of coverage provided by the primary carrier.

(i) If the carrier or carriers selected to provide coverage to subscribers under this section do not include a primary carrier, the governmental unit shall contribute to the premium or cost for coverage charged by any carrier for active employees at least a minimum percentage of the premium or cost equal to the weighted average percentage of the dollar amount contributed by the governmental unit on behalf of all active employees who were covered by a carrier other than primary carrier as of July first, nineteen hundred and ninety-one.

SECTION 368. Section 122 of chapter 33 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by adding at the end thereof the following subsection:-

(g) The adjutant general is authorized to enter into interagency agreements with other state agencies and to charge other state agencies for the use of any armory, air installation or other facility under his control.

SECTION 369. Section 4A of chapter 40 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following two paragraphs:-

The chief executive officer of a city or town, or a board, committee or officer otherwise authorized by law to execute a contract in the name of a governmental unit, as hereinafter defined, may enter on behalf of such unit into an agreement with one or more other governmental units to perform jointly or for such other unit or units any services, activities or undertakings which any of the contracting units is authorized by law to perform, if such agreement is authorized by the parties thereto, in a city by the city council with the approval of the mayor, and in a town or district by the town or district meeting; provided, however, that when such agreement involves the expenditure of funds for educational purposes accepted pursuant to section fifty-three A of chapter forty-four, or the expenditure of funds for establishing supplementary education centers and innovative educational programs, the agreement and its termination shall be authorized by the school committee. Any such agreement shall be for such maximum term, not exceeding twenty-five years, and shall establish such maximum financial liability of the parties, as may be specified in the authorizing votes of the parties thereto. A governmental unit, when duly authorized to do so in accordance with the provisions of law applicable to it, may raise money by any lawful means, including the incurring of debt for purposes for which it may legally incur debt, to meet its obligations under such agreement. Notwithstanding any provisions of law or charter to the contrary, no governmental unit shall be exempt from liability for its obligations under an agreement lawfully entered into in accordance with this section. The words "governmental unit" as used herein shall mean a city, town, a regional school district, a district as defined in section one A, regional planning commissions, however constituted, regional transit authorities established under the provisions of chapter one hundred and sixty-one B, and counties.

All agreements put into effect under this section shall provide sufficient financial safeguards for all participants, including, but not limited to: accurate and comprehensive records of services performed, costs incurred, and reimbursements and contributions received; the performance of regular audits of such records; and provisions for officers responsible for the agreement to give appropriate performance bonds. The agreement shall also require that periodic financial statements be issued to all participants. Nothing in this section shall prohibit any agreement entered into between governmental units from containing procedures for withdrawal of a governmental unit from said agreement.

SECTION 370. Chapter 40 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out section 21D and inserting in place thereof the following section:-

Section 21D. Any city or town may by ordinance or by-law not inconsistent with this section permit the noncriminal disposition pursuant to the civil infraction procedure in chapter ninety G of one or more of the following violations:

(a) any violation of an order of the municipal board of health relating to public health which is authorized by the general laws, any special law applicable to that city or town, the provisions of the state sanitary code or other state regulation, or any municipal ordinance, by-law, rule or regulation;

(b) any violation of an order of a municipal building official relating to public safety which is authorized by the general laws, any special law applicable to that city or town, the provisions of the state building code or other state regulation, or any municipal ordinance, by-law, rule or regulation;

(c) any violation of an order of a municipal fire official relating to public safety which is authorized by the general laws, any special law applicable to that city or town, the provisions of the state fire prevention code or other state regulation, or any municipal ordinance, by-law, rule or regulation; or

(d) any violation of any other municipal ordinance or by-law or any rule or regulation of any municipal officer, board or department.

Such ordinance or by-law shall fix for each such infraction a specific sum of money not exceeding three hundred dollars as the civil assessment for such infraction. Any assessments collected under the provisions of this section shall be paid to the city or town for such use as the city or town may direct.

SECTION 371. Section 22A of chapter 40 of the General Laws, as appearing in the 1990 Official Edition is hereby amended by striking out the fifth sentence.

SECTION 372. Section 81Q of chapter 41 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended in lines 88 to 90 by striking out the words "and no rule or regulation, or amendment thereof, shall be effective until certified copies thereof have been so transmitted".

SECTION 373. Chapter 43C of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by adding the following new sections:-

Section 14. Notwithstanding any provision of this chapter, any city or town may, by majority vote as defined in section one of chapter forty-four, adopt an optional plan of municipal administration under this chapter or revoke or rescind a plan accepted pursuant to this section; provided, that for a town the majority vote necessary to adopt, revoke, or rescind a plan pursuant to this section shall be at the annual meeting.

Section 15. Consolidated departments established under authority of this chapter may participate in agreements entered into pursuant to the provisions of section four A of chapter forty for joint performance of services with other governmental units.

SECTION 374. Chapter 44 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out section 20 and inserting in place thereof the following section:-

Section 20. The proceeds of any sale of bonds or notes, except premiums and accrued interest, shall be used only for the purposes specified in the authorization of the loan, and may also be used for costs of preparing, issuing and marketing such bonds or notes, except as otherwise authorized by this section. If a balance remains after the completion of the project for which the loan was authorized, such balance may at any time be appropriated by a city, town or district for any purposes for which a loan may be incurred for an equal or longer period of time than that for which the original loan, including temporary debt, was issued. Any such balance not in excess of one thousand dollars may be appropriated for the payment of the principal of such loan. If a loan has been issued for a specified purpose but the project for which the loan was authorized has not been completed and no liability remains outstanding and unpaid on account thereof, a city by a two-thirds vote of all of the members of the city council, or a town or district, by a two-thirds vote of the voters present and voting thereon at an annual town or district meeting, may vote to abandon or discontinue the project and the unexpended proceeds of the loan may thereupon be appropriated for any purpose for which a loan may be authorized for an equal or longer period of time than that for which the original loan, including temporary debt, was issued. Any premium received upon such bonds or notes, less the cost of preparing, issuing and marketing them, and any accrued interest received upon the delivery of said bonds or notes shall be paid to the city, town or district treasury. Notwithstanding the provisions of this section, no appropriation from a loan or balance thereof shall be made which would increase the amount available from borrowed money for any purpose to an amount in excess of any limit imposed by general law or special act for such purpose.

SECTION 375. Chapter 44 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out section 41 and inserting in place thereof the following section:-

Section 41. The expenses incurred under sections thirty-five to forty, inclusive, shall be incurred by the commonwealth; and payment therefor, in the amount and to the extent deemed appropriate by the director, shall be deducted by the state treasurer under the provisions of section twenty A of chapter fifty-eight from any amount distributable or payable by the commonwealth to the cities and towns concerned and, with respect to districts, to the cities and towns that comprise such district.

SECTION 376. Section 69 of chapter 44 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out in line 6 the words "an amount equal to one percent of the amount of the check; provided, however, that if such check is for less than five hundred dollars, the penalty under this section shall be five dollars" and inserting in place thereof the words:- the same amount imposed under the provisions of section fifty-seven A of chapter sixty.

SECTION 377. Chapter 44 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by adding the following sections:-

Section 70. Notwithstanding the provisions of sections thirty-one and fifty-three, any city or town may, by vote of its town meeting, town council or city council authorize the collector, treasurer or other department head, with the approval of the selectmen, town manager or mayor, to enter into contracts to identify and pursue federal government reimbursements for, or other revenues or available resources that may be generated by, programs or activities being carried out by the municipality, and to provide that payments for services under such contracts may be made from the reimbursements or revenues recovered as a result of the services performed without appropriation of such revenues. The provision of this section shall not apply to reimbursements, revenues or resources that may be available from the medical care and assistance program administered by the commonwealth pursuant to chapter 118E of the General Laws.

Section 71. Contracts under the authority of section seventy shall be subject to such regulations and guidelines as the commissioner of revenue may issue. The commissioner of revenue is further authorized to negotiate contracts with vendors for particular types of services to be provided and paid for under the terms of said section seventy, and cities and towns may enter into such contracts negotiated by the commissioner with the vendors designated by the commissioner without complying with the provisions of chapter thirty B.

SECTION 378. Section 14 of chapter 53 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting in line 39 after the word "chosen." the following:- Notwithstanding any of the foregoing, when a vacancy occurs, by reason of withdrawal, death or ineligibility in a district comprised of portions of wards of a city or not all precincts of a town, then each ward and town committee which includes the precincts which are part of the district shall choose delegates as hereinabove provided to fill vacancies in such number not exceeding one for each five hundred votes or fractions thereof cast in that portion of the ward or town included in the district for the candidate of that party for governor at the last state election, provided further that said delegate so chosen shall reside in the district where the vacancy occurs.

SECTION 379. Section 6 of chapter 55 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-

For the purposes of this section the term "personal use" shall not include expenses relating to the provision of constituent or legislative services or to the opening or maintaining of a legislative district office, provided that (a) said expenses are not otherwise paid, provided or reimbursed by the commonwealth or any other governmental body.

SECTION 380. Section 18 of chapter 55 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 277 and 278, the words "Categorical Grants Fund, established under the provisions of section two N of chapter twenty-nine" and inserting in place thereof the following words:- Local Aid Fund, established under the provisions of section two D of chapter twenty-nine.

SECTION 381. Chapter 58 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking section 20A and inserting in place thereof the following section:-

Section 20A. If, at the time any amount is distributable or payable by the commonwealth to any city or town, there is due to the commonwealth any sum from such city or town, for any service or cause whatsoever, such sum so due to the commonwealth shall be deducted by the state treasurer from the amount so distributable or payable to the city or town, and shall be applied to the payment of the sum so due to the commonwealth.

SECTION 382. Said section 21C of said chapter 59, as so amended, is hereby further amended by adding, after paragraph (m), the following new paragraph:-

(n) The local appropriating authority of any city or town may, by a majority vote, seek voter approval at a regular election to adopt an allowable tax growth factor system.

Any question to be submitted to voters shall be worded as follows:-

"Shall the (city/town) of ______________ be allowed to adopt an 'allowable tax growth factor system' in the computation of real estate and personal property taxes to be assessed for the fiscal years beginning July first, (year) and thereafter which allows tax growth to be adjusted for an inflation factor in place of the limitations imposed by "Proposition 2 1/2", so-called, which limits increases to 2 1/2% annually ".

YES _____________ NO _____________

Said question shall be deemed approved if a majority of the persons voting thereon shall vote "yes".

Any time after adoption of the allowable tax growth factor system, the voters of any city or town having so adopted may, upon collection of signatures equal in number to three percent of those registered to vote in such city or town, cause the question of the repeal of the allowable tax growth factor system for the next fiscal year to be placed upon the ballot of the next regular election. The signatures for the referendum must be filed with the city or town clerk at least thirty-five days before the election in which the question is to appear, and filed for certification by the registrar of voters fourteen days before filing with the clerk.

Any question submitted to the voters shall be worded as follows:

"Shall the (city/town) of _____________ return to the method of assessing real estate and personal property taxes contained in 'proposition two and one-half' so-called, which limits tax growth to 2 1/2% annually, for the fiscal years beginning July first, (year), and thereafter ".

YES _____________ NO _____________

Said question shall be deemed approved if a majority of the persons voting thereon shall vote "yes".

SECTION 383. Section 21C of chapter 59, as most recently amended by section two hundred and forty-three of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one is hereby further amended by adding, in paragraph (a) after the introductory clause in lines 1 and 2, the following definition:-

"Allowable tax growth factor", the maximum allowable percentage of growth in total taxes assessed in excess of the preceding fiscal year's levy limit, equivalent to the average of the three preceding calendar years' annual index of the Implicit Price Deflator for Consumer Expenditures for the northeast region, as determined by the Bureau of Economic Analysis of the United States Department of Commerce, provided that the total tax assessment in any fiscal year shall not exceed one hundred and five percent of the preceding fiscal year's levy limit. In calculating the allowable local tax growth factor for any fiscal year, the same index for a calendar year that was used in prior calculations shall be used in subsequent calculations involving that calendar year, notwithstanding periodic adjustments made in the index by the Bureau of Economic Analysis for that calendar year.

SECTION 384. Paragraph (f) of said section 21C of said chapter 59, as most recently amended by section 20 of chapter 6 of the acts of 1991, is hereby further amended by adding, after the words "paragraph (g);" the following:- provided, however, that a city or town which adopts an allowable tax growth factor system pursuant to paragraph (n) may increase its total tax assessment for any fiscal year to the extent permitted by this section;.

SECTION 385. Said chapter 59, as appearing in the 1990 Official Edition, is hereby amended by striking out section 25 and inserting in place thereof the following section:-

Section 25. The assessors of each city, town and tax-levying district shall annually raise by taxation such reasonable amount of overlay as the commissioner may approve although the total taxes assessed as provided in section twenty-one C of this chapter may by such overlay be exceeded; provided that only an amount not in excess of the average overlay for the three previous fiscal years shall be excluded from the provisions of section twenty-one C. The overlay account may be used only for avoiding fractional divisions of the amount to be assessed and to fund abatements granted on account of taxes assessed for the fiscal year in whose assessment the overlay is raised. The amount of such overlay approved by the commissioner shall not be included in calculating the "total taxes assessed" in paragraph (a), or the maximum levy limit in paragraph (f), of section twenty-one C. Any balance in the overlay account in excess of the amount of the warrant remaining to be collected or abated, as certified by the board of assessors, shall be transferred by the board of assessors upon its own initiative or within ten days of a written request by the chief executive officer, with written notice to the chief executive officer, to a reserve fund to be appropriated for any lawful purpose. Any balance in said reserve fund at the end of the fiscal year shall be closed out to surplus revenue.

SECTION 386. Section 78A of chapter 59 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words, "a tax has been assessed thereon" and inserting in place thereof the words:- January first.

SECTION 387. Section 1 of chapter 60A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-

Except as hereinafter provided, there shall be assessed and levied in each calendar year on every motor vehicle and trailer registered under chapter ninety, for the privilege of such registration, an excise measured by the value thereof, as hereinafter defined and determined, at the rate of twenty-five dollars per thousand of valuation; provided, however, that the minimum excise shall in all cases be equal to twenty-five dollars.

SECTION 388. Section 2A of chapter 60A of the General Laws, as appearing in the 1990 Official Edition, is hereby further amended by striking, in line 36, the word "ten" and inserting in place thereof the word:- twenty.

SECTION 389. Subparagraph A of Part 1 of paragraph (a) of section 2 of chapter 62 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the words in lines 9 and 10 following the word "under" and inserting in place thereof the following:- any provision of law.

SECTION 390. Subparagraph A of Part 2 of paragraph (a) of section 2 of chapter 62 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out in line 35 the period and inserting in place thereof a comma and the following:- and dividends received from a regulated investment company qualified under section eight hundred and fifty-one of the Federal Internal Revenue Code to the extent such dividends are attributable to interest on obligations of the United States exempt from state income taxation and are so identified in a written notice mailed to the shareholders of such regulated investment company not later than sixty days after the close of its tax year.

SECTION 391. Part 2 of paragraph (a) of section 2 of said chapter 62, as so appearing, is hereby amended by adding at the end thereof the following paragraph:-

(1) Dividends received from a regulated investment company qualified under section eight hundred and fifty-one of the Federal Internal Revenue Code which are exempt interest dividends under section eight hundred and fifty-two of said Code but only to the extent of the portion of such exempt interest dividends directly attributable to interest from obligations issued by the commonwealth, any political subdivision thereof, or any agency or instrumentality of either of the foregoing, that is exempt from taxation under any provision of law, and provided that such portion is identified in a written notice mailed to the shareholders of such regulated investment company not later than sixty days after the close of its tax year.

(j) Dividends received from a regulated investment company qualified under section eight hundred and fifty-one of the code which are capital gain dividends under section eight hundred and fifty-two of said Code but only to the extent of the portion of such capital gain dividends attributable to gain from obligations issued by the commonwealth, any political subdivision thereof, or any agency of instrumentality of either of the foregoing, that is exempt from taxation under any provision of law, and provided such portion is identified in a written notice to the shareholders of such regulated investment company not later than sixty days after the close of its tax year.

SECTION 392. Section 2(b)(A) of chapter 62 of the Massachusetts General Laws as appearing in the 1990 Official Edition is hereby amended by inserting in line 87 after the word "association" the words "or banking partnership."

SECTION 393. Subsection (a) of section 14 of chapter 62B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 4, the words "rate of eighteen percent per annum" and inserting in place thereof the following words:- rate established under section thirty-two of chapter 62C.

SECTION 394. Chapter 62C of the General Laws is hereby amended by inserting after section 21 the following new section:-

Section 21A. The commissioner shall annually prepare and publish a statistical report of revenues collected from corporations and businesses taxable under any provision of chapter sixty-three and required to file a return by section eleven of section twelve. Said report shall classify revenues from corporations and businesses by total Massachusetts assets, by taxable net worth, by taxable income apportioned to the commonwealth, by excise or tax liability, in the case of domestic banks by net income, in the case of insurance companies by premiums allocable to the commonwealth, and may include such other information relating to such revenues as the commissioner deems appropriate. Said report of returns shall include information related to tax credits and deductions claimed on said returns that is used by the commissioner of administration to make the estimates of tax expenditures required by section five B of chapter twenty-nine. Each report shall be based on a period of one calendar year and shall include returns for the taxable years beginning during that calendar year. The report for each period shall be prepared and published within three calendar years of the end of such period, provided that the first report required by this section shall be prepared and published by December thirty-first, nineteen hundred and ninety-three and shall be based on information relating to taxable years beginning during the nineteen hundred and ninety calendar year.

SECTION 395. Said chapter 62C is hereby further amended by striking out section 32 and inserting in place thereof the following section:-

Section 32. (a) Taxes shall be due and payable at the time when the tax return is required to be filed, determined without regard to any extension of time for filing the return. If any amount of tax is not paid to the commissioner on or before its statutory due date, there shall be added to the tax interest at the rate of the Federal short-term rate determined under section 6621(b) of the Internal Revenue Code, as amended and in effect for the taxable year, plus four percentage points, compounded daily.

(b) Taxes assessed under sections twenty-six, twenty-seven and thirty and taxes and penalties assessed under section twenty-eight shall include interest as provided in paragraph (a) of this section to the date when the tax so assessed, or any unpaid balance thereof, is required to be paid, which shall be the thirtieth day following the date of the notice of tax due.

(c) A penalty assessed under subsection (a) of section thirty-three of this chapter shall include interest as provided in paragraph (a) of this section from the statutory due date including extensions to the date of payment of such penalty. A penalty assessed under subsections (b) or (c) of said section thirty-three shall include interest as provided in paragraph (a) of this section from a date thirty-one days after the date of the notice of assessment to the date of payment of such penalty.

(d) Any notice authorized or required under the provisions of this chapter shall include a clear and accurate calculation of the accrual of penalties and interest assessed. Each such notice is to display the interest rates, periods and the taxes and penalties upon which these amounts are calculated.

SECTION 396. Section 40 of said chapter 62C as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraphs:-

(a) If any refund of any tax, interest or penalties is made pursuant to sections thirty, thirty-one A, thirty-six, thirty-six A, thirty-seven or thirty-nine of this chapter, or sections twenty-seven or twenty-seven A of chapter sixty-five, or section six of chapter sixty-five A, the state treasurer shall repay to the taxpayer the amount of such refund with interest thereon at the rate established under section thirty-two of this chapter, except as hereinafter provided, from the date of overpayment to a date, to be determined by the commissioner, preceding the date of the refund check by not more than thirty days, whether or not such refund check is accepted by the taxpayer after tender of such to the taxpayer. The acceptance of such check shall be without prejudice to any right of the taxpayer to claim any additional overpayment and interest thereon.

(b) If any overpayment of tax is refunded within ninety days after the last day prescribed for filing the return of such tax, determined without regard to any extension of time for filing the return, or, in case the return is filed after such last date, is refunded within ninety days after the date the return is filed, no interest shall be allowed hereunder on such overpayment. If any overpayment of tax is not refunded within ninety days after a return is filed where such return is filed after the last day prescribed for filing such return, determined without regard to any extension of time for filing such return, interest shall be allowed hereunder on such overpayment only from the date the return is filed. Where two or more corporations elect to file returns on a combined net income basis under section thirty-two B of chapter sixty-three, the return of each such corporations filed under section eleven shall not be considered filed for purposes of this section until all members of the combined group have filed their returns.

SECTION 397. Chapter 62C of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after section 77 the following new section:-

Section 78. The commissioner may provide for the payment of any tax, interest or penalty or the refund or abatement thereof by the electronic transfer of funds. The commissioner may permit the filing of any return or document by electronic data submission. The commissioner may by regulation or otherwise establish procedures necessary to implement this section.

SECTION 398. Paragraph 1 of section 30 of chapter 63 of the General Laws as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "thirty-eight C", in line 11, the following words:- , to corporations that qualify as regulated investment companies under section eight hundred and fifty-one of the Federal Interna