Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately make or supplement appropriations for the fiscal year ending June thirtieth, nineteen hundred and ninety-six, and to make certain changes in the law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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

SECTION 1. The fifth sentence of paragraph (a) of section 4A of chapter 7 of the General Laws, as appearing in section 35 of chapter 151 of the acts of 1996, is hereby amended by striking out the words "equipment, services and real property leases, excepting the acquisition of such goods, supplies, equipment, services and real property leases" and inserting in place thereof the following words:- equipment and services, excepting the acquisition of such goods, supplies, equipment and services.

SECTION 2. Section 9A of chapter 8 of the General Laws is hereby amended by striking out the word "thirty-five O", inserted by section 11 of chapter 15 of the acts of 1996, and inserting in place thereof the following word:- thirty-five P.

SECTION 3. Section thirteen of said chapter eight of the General Laws is hereby repealed.

SECTION 4. Section 1 of chapter 15A of the General Laws is hereby amended by striking out the words "through participation in the coordinating council established by section three of chapter fourteen A", as appearing in section 45 of said chapter 151.

SECTION 5. Subsection (a) of section 1 of chapter 23 of the General Laws, as appearing in section 111 of said chapter 151, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Within the executive branch, but not within the executive department, there shall be a department of labor and workforce development, in this chapter called the department.

SECTION 6. Subsection (a) of section 1 of chapter 23A of the General Laws, as appearing in section 122 of said chapter 151, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be in the executive branch, but not within the executive department a department of economic development, hereinafter referred to as the department, which shall be under the supervision and control of a director of economic development, hereinafter referred to as the director.

SECTION 7. Chapter 23B of the General Laws is hereby amended by striking out sections 1 and 2, as amended by section 125 of said chapter 151, and inserting in place thereof the following two sections:-

Section 1. There shall be in the executive branch, but not within the executive department, a department of housing and community development, hereinafter referred to as the department, which shall be under the supervision and control of a director of housing and community development, hereinafter referred to as the director. The director shall be appointed by the governor for a term coterminous with that of the governor and shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Upon expiration of the term of office of the director or in the event of a vacancy, a successor shall be appointed by the governor for a term coterminous with that of the governor. The director shall devote his full time during business hours to the duties of his office. The director shall be the executive and administrative head of the department and shall be responsible for administering and enforcing the provisions of law relative to the department and to each administrative unit thereof, except as provided in the second paragraph of section two; provided, however, that the director may authorize any officer of the department to exercise in his name any power or to discharge any duty assigned to him by law, and may at any time revoke such authority. The director shall receive such salary as the governor shall determine, provided that such salary is equivalent to the salary received by the director of labor and workforce development, the director of economic development, and the director of consumer affairs and business regulation.

Section 2. There shall be within the department such divisions as the director may establish for its efficient operation. Each such division shall be under the charge of an associate director who shall be appointed by the director and who shall be subject to the direction, control and supervision of the director. Each associate director shall be a person of skill and experience in the field of his appointment and shall be appointed and may be removed by the director. The position of associate director shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Each associate director shall devote his full time during business hours to the duties of his office.

There shall also be within the department the Massachusetts Housing Finance Agency, the Massachusetts Home Mortgage Finance Agency, the Massachusetts Housing Partnership, the Community Economic Development Assistance Corporation, the Massachusetts Community Development Finance Corporation, the manufactured homes commission, the commission on Indian affairs, and the American and Canadian French Cultural Exchange Commission. The department shall provide general policy guidance for these public instrumentalities, but shall not exercise any supervision or control with respect to such instrumentalities, except to the extent otherwise provided by law.

SECTION 8. Subsection (a) of section 1 of chapter 24A of the General Laws, as appearing in section 148 of said chapter 151, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be in the executive branch, but not within the executive department an office of consumer affairs and business regulation, hereinafter referred to as the office.

SECTION 9. Section 49B of chapter 29 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

The state treasurer may enter into agreements with brokers for the placement of any such commonwealth notes issued as commercial paper; provided, however, that the total principal amount of all such notes placed by brokers shall not exceed four hundred million dollars at any given time on those notes issued in anticipation of bonds.

SECTION 10. The first sentence of section 51 of chapter 30 of the General Laws, as appearing in section 168 of chapter 151 of the acts of 1996, is hereby further amended by striking out the words "equipment, services and real property leases" and inserting in place thereof the following words:- equipment and services.

SECTION 11. Section 52 of said chapter 30 is hereby amended by striking out the words "goods, supplies, equipment, services or real property leases", inserted by section 169 of said chapter 151, and inserting in place thereof the following words:- goods, supplies, equipment or services.

SECTION 12. The second sentence of the first paragraph of section 13A of chapter 118E of the General Laws, as appearing in section 272 of said chapter 151, is hereby amended by striking out the words "Prior to said October first" and inserting in place thereof the following words:- Prior to its first fiscal year beginning on or after October first, nineteen hundred and ninety-seven.

SECTION 13. The first sentence of section 14 of chapter 131 of the General Laws, as most recently amended by section 289 of chapter 151 of the acts of 1996, is hereby further amended by striking out the words "July first, nineteen hundred and ninety-six" and inserting in place thereof the following words:- January first, nineteen hundred and ninety-seven.

SECTION 14. Section 4A of chapter 175 of the General Laws, as inserted by section 3 of chapter 93 of the acts of 1996, is hereby amended by striking out the words "to the owners" and inserting in place thereof the following words:- for the owners.

SECTION 15. Said section 4A of said chapter 175 of the General Laws, as inserted by section 3 of chapter 93 of the acts of 1996, is hereby amended by striking out, in line 1, the word "every" and inserting in place thereof the following words:- As of July first, nineteen hundred and ninety-six, and annually thereafter, each.

SECTION 16. The last paragraph of section 47C of chapter 175 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party, with a maximum benefit of three thousand two hundred dollars per year per child and an aggregate benefit of nine thousand six hundred dollars over the total enrollment period.

SECTION 17. Subsection (e) of section 4 of chapter 175C of the General Laws, as appearing in section 9 of chapter 93 of the acts of 1996, is hereby amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-

(1) All members of the association shall participate in its writing, expenses, profits and losses in the proportion that the premiums written by each such member for basic property insurance, as defined in section one, except premiums for insurance on automobile and manufacturing risks excluded from the plan and that portion of the premiums attributable to the operation of the association during the preceding calendar year, bear to the aggregate premiums for such insurance written in the commonwealth by all members of the association. Such participation by each insurer in the association shall be determined annually on the basis of such premiums written during the preceding calendar years as disclosed in the annual statements and other reports filed by the insurer with the commissioner.

SECTION 18. Section one hundred and thirty-four of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two is hereby repealed.

SECTION 19. Section 2 of chapter 38 of the acts of 1995 is hereby amended by striking out item 4000-0105 and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 4000-0105 `tc4 The executive office of health and human services is hereby authorized to expend federal reimbursements generated pursuant to an initiative to restructure the financing and delivery of children's and family services in an amount not to exceed three million dollars; provided, that the expenditure of said reimbursements shall be contingent upon receipt of an Annie E. Casey foundation program implementation grant; provided further, that federal reimbursements so generated shall not be expended unless certified by the secretary of administration and finance to exceed either federal reimbursement estimates as appearing in sections one A and one B of this act, or said estimates as adjusted for revenue reductions directly attributable to expenditure reductions in federally reimbursed accounts of the department of transitional assistance; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of any such adjustments of said federal reimbursement estimates; provided further, that no reimbursements attributable to any department of social services reimbursements or to any department of youth services Title IV-E reimbursements shall be counted in said estimates or credited to this item; provided further, that the secretary of administration and finance may designate agencies within the executive office to receive and expend said revenues for services to children and families consistent with the Casey foundation project plan, subject to the approval of the secretary and notification of the house and senate committees on ways and means; provided further, that an agency designated by said secretary may incur expenses and the comptroller shall certify for payments amounts not to exceed the authorization as assigned by said secretary of administration and finance; and provided further, that thirty-one thousand seventy dollars shall be expended for the planning of a family service center in the cities of Lawrence and Northampton pursuant to section one hundred and thirty-seven of chapter five of the acts of nineteen hundred and ninety-five `tc6 $3,000,000 `tcol;end

SECTION 20. Item 1599-3100 of section 2B of said chapter 38 is hereby amended by striking out the figure "13,632,684" and inserting in place thereof the following figure:- 13,857,684.

SECTION 21. Chapter 102 of the acts of 1995 is hereby amended by adding after section 14 the following section:-

Section 14A. The Massachusetts Turnpike Authority is hereby authorized and directed to allow private passenger vehicles registered to owners residing in the South Boston, East Boston, and North End sections of the city of Boston, as the Boston transportation department has determined the geographical boundaries of said sections, to use the Ted Williams tunnel without restriction. Toll charged to said owners shall be consistent with the provisions of section fourteen.

SECTION 22. Item 4000-0821 in section 2A of chapter 120 of the acts of 1995 is hereby amended by striking out the words "shall revert to the General Fund" and inserting in place thereof the following words:- shall be used by the division for payments defined in item 4000-0823 below.

SECTION 23. Item 4000-0822 of said section 2A of said chapter 120 is hereby amended by striking out the words "shall revert to the General Fund" and inserting in place thereof the following words:- shall be used by the division for payments defined in item 4000-0823.

SECTION 24. Section 17 of chapter 93 of the acts of 1996 is hereby amended by striking out in the fifth line the number "(1)" and inserting in place thereof the following number:- (2).

SECTION 25. Item 1410-0400 of section 2 of chapter 151 of the acts of 1996 is hereby amended by inserting after the words "General Laws" the following words:- ; and, provided further, that any city or town which failed to file a timely reimbursement report for veterans' benefits paid during fiscal years nineteen hundred and eighty-nine through nineteen hundred and ninety-five, inclusive, may file with the commissioner for owed reimbursement within ninety days of the effective date of this act.

SECTION 26. Said section 2 of said chapter 151 is hereby further amended by inserting after item 1599-0013 the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 1599-0033 `tc4 For a reserve to promote departmental revenue optimization projects authorized by and subject to the provisions of section six hundred and eighty-three A of this act `tc6 $7,500,000 `tc5 Revenue Maximization Fund 100.0% `tcol;end

SECTION 27. Said section 2 of said chapter 151, as amended by section 74 of the final deficiency appropriations act of fiscal year nineteen hundred and ninety-six, so-called, is hereby further amended by striking out item 1599-0093 and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 1599-0093 `tc4 For contract assistance to the water pollution abatement trust for debt service obligations of the trust, in accordance with the provisions of sections six and six A of chapter twenty-nine C of the General Laws, as amended in section twelve of chapter two hundred and three of the acts of nineteen hundred and ninety-two `tc6 $24,600,000 `tc5 Local Aid Fund 91.87% Commonwealth Cost Relief Fund 8.13% `tcol;end

SECTION 28. Item 1775-0100 of said section 2 of said chapter 151 is hereby amended by adding the following words:- ; and provided further that notwithstanding the provisions of any general or special law or regulation to the contrary, the annual tuition price set in fiscal year nineteen hundred and ninety-seven to the Carroll School in the town of Lincoln shall be eighteen thousand dollars.

SECTION 29. Said section 2 of said chapter 151 is hereby further amended by inserting after item 1775-0100 the following new item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 1775-0105 `tc4 For the payment of lump sum settlements in department of industrial accident cases I.A.B. No. 023601-91 and I.A.B. No. 77116-91 `tc6 $175,000 `tcol;end

SECTION 30. Said section 2 of said chapter 151 is hereby further amended by striking out item 4000-0105 and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 4000-0105 `tc4 The executive office of health and human services is hereby authorized to expend federal reimbursements generated pursuant to an initiative to restructure the financing and delivery of children's and family services in an amount not to exceed three million dollars; provided, that the expenditure of said reimbursements shall be contingent upon receipt of an Annie E. Casey foundation program implementation grant; provided further, that federal reimbursements so generated shall not be expended unless certified by the secretary of administration and finance to exceed either federal reimbursement estimates as appearing in sections one A and one B of this act, or said estimates as adjusted for revenue reductions directly attributable to expenditure reductions in federally reimbursed accounts of the department of transitional assistance; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of any such adjustments of said federal reimbursement estimates; provided further, that no reimbursements attributable to any department of social services reimbursements or to any department of youth services Title IV-E reimbursements shall be counted in said estimates or credited to this item; provided further, that the secretary of administration and finance may designate agencies within the executive office to receive and expend said revenues for services to children and families consistent with the Casey foundation project plan, subject to the approval of the secretary and notification of the house and senate committees on ways and means; provided further, that an agency designated by said secretary may incur expenses and the comptroller shall certify for payments amounts not to exceed the authorization as assigned by said secretary of administration and finance; and provided further, that thirty-one thousand seventy dollars shall be expended for the planning of a family service center in the cities of Lawrence and Northampton pursuant to section one hundred and thirty-seven of chapter five of the acts of nineteen hundred and ninety-five, prior appropriation continued `tc6 $3,000,000 `tcol;end

SECTION 31. Item 4000-0800 of said section 2 of said chapter 151 is hereby amended by adding the following words:- ; provided further, that notwithstanding the provisions of this item or any general or special law to the contrary, not more than nine hundred and sixty-eight thousand dollars as certified by the rate setting commission in appeal documents RS-91-353, RS-93-1177, RS-93-536, RS-94-128 and RS-95-311 and by the division of medical assistance, shall be expended from this item for rate adjustment owed to the geriatric authority of Holyoke for allowable pension costs; and provided further, that said rate adjustments shall be paid not later than September first, nineteen hundred and ninety-six.

SECTION 32. Said section 2 of said chapter 151 is hereby further amended by inserting after item 7003-0601 the following new item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 7003-0602 `tc4 For the "Summer Nights" program in the city of Haverhill `tc6 $25,000 `tcol;end

SECTION 33. Said section 2 of said chapter 151 is hereby amended by striking out item number "7004-0300", the first time it appears, and inserting in place thereof the following item number "7004-0310".

SECTION 34. Item 7007-0900 of said section 2 of said chapter 151 is hereby amended by inserting after the words "for any marketing and advertising program undertaken with funds appropriated herein" the following words:- ; provided further, that not less than two million dollars shall be expended for a program of international tourism promotion and marketing.

SECTION 35. Item 7061-0011 of said section 2 of said chapter 151 is hereby amended by inserting after the words "for the town of Holbrook" the following words:- ; provided further, that one hundred and fifty thousand dollars shall be expended for the high enrollment growth community of Norton.

SECTION 36. Item 7061-9611 of said section 2 of said chapter 151 is hereby amended by striking out the words ", provided further, that one million dollars shall be expended for service corps and community-based service-learning programs administered by the Massachusetts national and community service commission" and inserting in place thereof the following words:- ; provided further, that five hundred thousand dollars shall be expended for service corps and community-based service-learning programs administered by the Massachusetts national and community service commission.

SECTION 37. Said section 2 of said chapter 151 is hereby further amended by inserting after item 8000-0110 the following new item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 8000-0120 `tc4 For the purpose of implementing a sex offender registry program, including, but not limited to, the costs of establishing a computerized registry system and the classification of persons subject to said registry; provided, that the sex offender registry board shall appoint an executive director to administer said program who shall not be considered to be a state employee; provided further, that staff and any board members compensated from this item shall not be considered state employees; provided further, that said board shall complete the classification of persons not later than June thirtieth, nineteen hundred and ninety-eight; and, provided further, that said board shall file with the joint committee on criminal justice and the house and senate committees on ways and means an implementation plan for said program not later than October first, nineteen hundred and ninety-six `tc6 $300,000 `tc5 Highway Fund 50.0% Local Aid Fund 50.0% `tcol;end

SECTION 38. Said section 2 of said chapter 151 is hereby further amended by striking out item number "8314-1000" and inserting in place thereof the following item number:- 8324-1000.

SECTION 39. Said section 2 of said chapter 151 is hereby further amended by striking out item number "8314-1100" and inserting in place thereof the following item number:- 8324-1100.

SECTION 40. Said section 2 of said chapter 151 is hereby further amended by striking out item number "8314-1200" and inserting in place thereof the following item number:- 8324-1200.

SECTION 41. Said section 2 of said chapter 151 is hereby further amended by striking out item number "8314-1300" and inserting in place thereof the following item number:- 8324-1300.

SECTION 42. Said section 2 of said chapter 151 is hereby further amended by striking out item number "8314-1400" and inserting in place thereof the following item number:- 8324-1400.

SECTION 43. Said section 2 of said chapter 151 is hereby further amended by striking out item number "8350-0100" and inserting in place thereof the following item number:- 8324-1500.

SECTION 44. Said chapter 151 is hereby amended by striking out section 587 and inserting in place thereof the following section:-

Section 587. Notwithstanding the provisions of any general or special law to the contrary, the division of workforce development, in cooperation with the board of education and the Massjobs council, is hereby authorized to establish and support a public-private partnership to link high school students with economic and learning opportunities on the job as part of the school-to-work transition program. Said program may include, subject to appropriation, the award of matching grants to regional employment boards or other local recognized public-private partnerships involving local community job commitments and work site learning opportunities for students; provided, however, that such grants shall require at least two hundred percent match in wages for such students from private sector participants. The program shall include, but not be limited to, a provision that business leaders commit resources to pay salaries, to provide mentoring and instruction on the job and to work closely with teachers, and a provision that, subject to appropriation, public funds shall assume the cost of connecting schools and businesses to work to ensure that such students serve productively on the job.

SECTION 45. Section 671 of said chapter 151 is hereby amended by inserting after the word "Association,", in line 10, the following words:- one county commissioner to be appointed by the Massachusetts Association of County Commissioners and one person to be appointed by the Governor.

SECTION 46. Section 672 of said chapter 151 is hereby amended by inserting after the word "Deeds,", in line 10, the following words:- one county commissioner to be appointed by the Massachusetts Association of County Commissioners and one person to be appointed by the Governor.

SECTION 47. Said chapter 151 is hereby amended by inserting after section 683 the following section:-

Section 683A. Notwithstanding the provisions of any general or special law to the contrary, except for sections fifty-two to fifty-five, inclusive, of chapter seven of the General Laws, the secretary of administration and finance is hereby authorized and directed in fiscal year nineteen hundred and ninety-seven to identify and pursue projects to optimize non-tax revenue management and collections by the commonwealth. The secretary or his designee is further authorized to enter into contracts with private vendors and to enter into interagency service agreements with departments to identify and pursue said projects. Private vendors shall be compensated from non-tax revenues collected by such projects in excess of the non-tax revenues established by said contracts as the minimum to be collected by each such project. For the purposes of this section, such payments to vendors for services performed shall be known as "vendor participation payments" and non-tax revenue collected pursuant to this section, after deduction of vendor participation payments, shall be known as "net additional revenue". For the purpose of this section the terms "departments" or "participating departments" shall mean any department, agency, board, commission, office or institution under the executive control of the governor or other constitutional officers and determined by the secretary to be participating in the revenue optimization projects authorized by this section.

In no case shall a vendor be compensated if the revenues collected for a revenue source do not exceed the highest amount collected for said revenue source for a fiscal year during the base period; provided, however, that in the event of revenue sources which are caseload driven federal reimbursements, so called, the vendor shall not be compensated unless the ratio of said revenue source to the reimbursable expenditure has exceeded the highest said ratio during the base period. For the purpose of this section the term "base period" shall refer to the fiscal years beginning on July first, nineteen hundred ninety and ending on June thirtieth, nineteen hundred ninety-six; provided, however, that revenues which are attributable to a new fee or a newly reimbursable service or clientele shall be considered to have a base period revenue level of zero.

In no case shall a department receive an allocation or reallocation for collection of a fee or any other non-tax revenue from which the commonwealth collected revenues in any fiscal year between nineteen hundred and ninety-one through nineteen hundred and ninety-six, inclusive, if the net additional revenue attributable to the collection of said fee or other non-tax revenue is less than the highest amount of revenue collected from said fee or other non-tax revenue in any of the aforementioned fiscal years; provided, however, that said net additional revenues shall only be those amounts collected which are in excess of the amounts projected in section one B for each department, office, commission and agency or successor. The commonwealth shall retain all rights in software programs developed pursuant to any contract executed under this section.

The comptroller shall deposit in the revenue maximization fund, established by section two R of chapter twenty-nine of the General Laws, all monies collected pursuant to the provisions of this section. The comptroller is hereby authorized to allocate from said fund, upon direction of the secretary of administration and finance, up to the amount of the appropriation contained in line 1599-0033 of section two to participating departments; provided, however, that any amount so allocated shall be in excess of the first fifty-seven million, five hundred thousand dollars in net additional revenues credited to said fund consistent with this section; provided further, that the secretary may allocate the first two million five hundred thousand dollars from said item when the net additional revenues credited to said fund in the fiscal year are at least thirty-two million, five hundred thousand dollars; provided further, that the secretary may allocate the second two million five hundred thousand from said item when the net additional revenues credited to said fund in the fiscal year are at least fifty million dollars; and provided further, that the final two million, five hundred thousand dollars may be allocated when the amount credited to said fund in the fiscal year is at least sixty-five million dollars. Eighty-five percent of said appropriation shall be distributed to participating departments in proportion to the amount of revenues collected by said department as a percent of the total amount of revenues collected under the provisions of this section. The remaining fifteen percent shall be evenly distributed to all participating departments regardless of the amount of revenues collected by each individual department. The comptroller shall transfer to the General Fund, at the close of the fiscal year, after providing for vendor participation payments, the first fifty-seven million, five hundred thousand dollars in net additional revenues and any balance remaining in said fund after providing for said allocations. No expenditure shall be made from said revenue maximization fund which would cause said fund to be in deficit at the close of the fiscal year.

Departments receiving allocations pursuant to said item 1599-0033, subject to the provisions of this section, may expend such funds without appropriation after obtaining the written approval of said secretary or his designee of a plan detailing said proposed expenditures, allocations and reallocations and filing said approved plan with the house and senate committees on ways and means which shall be filed with said committees ten days in advance of any allocation or reallocation. All expenditures made pursuant to the provisions of this section and item 1599-0033 shall be for one-time expenses which shall not recur in fiscal year nineteen hundred and ninety-eight or a subsequent fiscal year. No expenditures authorized by the provisions of this section and said item 1599-0033 shall supplant funds appropriated in any item of appropriation in sections two or two B or in sections two or two A of any supplemental appropriations act enacted in fiscal year nineteen hundred and ninety-seven or a subsequent fiscal year. For the purposes of this section, the term "supplant" shall be defined as expenditures made for any purpose which receive an appropriation in this act or a subsequent appropriation act. Any unexpended balance from said allocations at the end of each fiscal year shall revert to the General Fund unless said spending plan has been approved by the secretary as a multi-year expenditure.

The comptroller shall report, on or before the last day of January, to the house and senate committees on ways and means on the results and operations of the revenue optimization projects authorized by this section, for the six month period ending the preceding month. Such information shall detail, by each vendor, project and department: the amount of vendor participation payments paid to each such vendor, the net additional revenues retained by the commonwealth, the amounts allocated or reallocated to each such participating department, pursuant to said item 1599-0033 and this section, and the estimated annual receipts, payments and allocations for the fiscal year.

The comptroller shall report to the house and senate committees on ways and means, on or before July thirty-first of each year, the preceding information for the prior fiscal year and the total of all vendor participation payments made to each vendor and the net commonwealth receipts collected by each project over the duration of the project.

On or before July thirty-first of each fiscal year, the comptroller, after approval of said secretary, shall submit to the house and senate committees on ways and means a plan detailing, by executive office and department, the net additional revenues estimated to be collected under the provisions of this section in the fiscal year.

SECTION 48. Said chapter 151 is hereby further amended by inserting after section 689 the following section:-

Section 689A. Section two hundred and seventy-two shall take effect on July first, nineteen hundred and ninety-seven.

SECTION 49. Item 1599-3801 of said section 2A of said chapter 154 is hereby amended by inserting after the words, "supreme judicial court" the following words:- including the board of bar examiners, commission on judicial conduct, and the mental health legal advisors committee,.

SECTION 49A. Said item 1599-3801 of said section 2A of said chapter 154 is hereby further amended by striking out the figure "3,474,814" and inserting in place thereof the following figure:- 3,518,323.

SECTION 50. Item 1599-3802 of section 2A of chapter 154 of the acts of 1996 is hereby amended by inserting after the words, "supreme judicial court" the following words:- including the board of bar examiners, commission on judicial conduct, and the mental health legal advisors committee,.

SECTION 50A. Said item 1599-3802 of said section 2A of said chapter 154 is hereby further amended by striking out the figure "18,223,026" and inserting in place thereof the following figure:- 18,251,639.

SECTION 51. Item 1599-3802 of section 2C of said chapter 154 is hereby amended by striking out the figure "18,223,026" and inserting in place thereof the following figure:- 18,251,639.

SECTION 52. Item 2200-0001 of section 2A of the final deficiency appropriations act of fiscal year 1996, so-called, is hereby amended by inserting after the word "authorities" the following words:- ; and, provided further, that two hundred thousand dollars shall be provided in grant monies to the town of Holliston for data collection and studies necessary to determine the wasteload allocation in the Charles River for the Charles River Lakes District, including treatment and monitoring.

SECTION 53. Item 1599-3803 of section 2C.I of of the final deficiency appropriations act of fiscal year 1996, so-called, is hereby amended by striking out the figure "3,474,814" and inserting in place thereof the following figure:- 3,518,323.

SECTION 54. The final deficiency appropriations act of fiscal year 1996, so-called, is hereby amended by striking out section 72 and inserting in place thereof the following section:-

Section 72. Said section 2 of said chapter 151 is hereby amended by inserting, after item 1231-1000, the following two items:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 1231-1010 `tc4 For an additional contribution to the sewer rate relief fund established by section two Z of chapter twenty-nine of the General Laws, notwithstanding the provisions of section six hundred and ten; provided, that not less than one hundred and fifty thousand dollars shall be expended from this item for a study of water and sewer needs in the towns of Wilbraham and South Hadley and in the city of Chicopee; and, provided further, that not less than three hundred and ten thousand dollars shall be expended for the debt service costs associated with the metro-west water supply tunnel, so-called `tc6 $8,000,000 `tc5 Commonwealth Cost Relief Fund 100.0% `tc1 1231-1020 `tc4 For a program of loan guarantees and interest subsidies to assist homeowners in complying with the revised state environmental code for subsurface disposal of sanitary waste, Title V, so called; provided, that said program shall be in addition to the loan established pursuant to item 2200-9959 in section two of chapter eighty-five of the acts of nineteen hundred and ninety-four; provided further, that the department may contract with third parties including, but not limited to, commonwealth-based financial institutions to manage said program; provided further, that the department and said third parties shall take all steps necessary to minimize said program's administrative costs; provided further that said loan guarantees shall be available on the basis of a sliding scale that relates a homeowner's income and assets to the cost of Title V compliance; provided further, that interest subsidies shall be means-tested and may be for zero interest loans pursuant to income standards developed by the department; provided further, that, the department of revenue shall consult with the department of environmental protection in developing rules, regulations and guidelines for said programs; provided further, that said rules, regulations and guidelines shall be developed not later than October first, nineteen hundred and ninety-six and shall be submitted for review to the joint committee on natural resources and agriculture and the house and senate committees on ways and means not less than thirty days prior to their promulgation; and provided further, that not more than seventy-five thousand dollars of the amount appropriated herein shall be made available for expenditure by the town of Acton for the development and initial implementation of geographical information system or other data management for local administration of a Title V administration program `tc6 $13,175,000 `tc5 Commonwealth Cost Relief Fund 100.0% `tcol;end

SECTION 55. The final deficiency appropriations act of fiscal year 1996, so-called, is hereby amended by striking section 60 and inserting in place thereof the following new section:-

Section 60. The fourth paragraph of section 347 of said chapter 38 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- On or before June thirtieth, nineteen hundred and ninety-seven, the commission shall issue a final report containing findings and recommendations regarding regionalization, joint or cooperative agreements, and improved coordination of local government services in the Greater Boston area.

SECTION 56. Section 76 of the final deficiency appropriations act of fiscal year 1996, so-called, is hereby repealed.

SECTION 57. The final deficiency appropriations act of fiscal year 1996, so-called, is hereby amended by striking out section 103 and inserting in place thereof the following section:-

Section 103. Said section 2 of said chapter 151 is hereby amended by striking out items 7003-6628, 7003-6629 and 7003-6630.

SECTION 58. The final deficiency appropriations act of fiscal year 1996, so-called, is hereby amended by striking out section 104 and inserting in place thereof the following section:-

Section 104. Said section 2 of said chapter 151 is hereby amended by inserting after item 7002-6626 the following three items:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 7002-6628 `tc4 For the purposes of a federally funded grant entitled, Disabled Veterans Outreach Program `tc6 $2,050,000 `tc1 7002-6629 `tc4 For the purposes of a federally funded grant entitled, Local Veterans Employment Representative Program `tc6 $1,434,285 `tc1 7002-6630 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Occupational Information Coordinating Committee Administration `tc6 $140,100 `tcol;end

SECTION 59. There is hereby established a special commission for the purpose of developing recommendations relative to the commonwealth's reimbursement and regulatory policies toward chronic disease and rehabilitation hospitals in the context of deregulating non-acute hospital charge and rate controls. Said special commission shall consist of three members of the house of representatives, three members of the senate and five members to be appointed by the governor, one of whom shall represent the division of medical assistance, one of whom shall represent the department of public health, one of whom shall be nominated by the Massachusetts hospital association, one of whom shall represent chronic disease hospitals and one of whom shall represent rehabilitation hospitals. Said special commission shall examine the effects of deregulation, including the transition to medicaid selective contracting and negotiated rates of payment, on the finances and costs of said hospitals and on the medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws. Said special commission shall evaluate the implications of establishing administratively necessary day rates on the cost structure and cashflow of said hospitals, including the effects of said rates on cost reductions that would affect payments under Title XVIII of the Social Security Act. Said special commission shall evaluate the cost and policy implications of establishing medicaid payment adjustments for public payor-dependent non-acute hospitals as defined by section one of said chapter one hundred and eighteen G of the General Laws and shall develop reasonable criteria and standards for defining such hospitals, if, in the opinion of said special commission, it is established that such payment adjustments are necessary in the context of deregulating non-acute hospital charges and rate controls. Said special commission shall further evaluate the role of such hospitals in the continuum of health care provider settings, including, acute hospitals, subacute hospitals, transitional care settings, nursing facilities and community-based home health care. Said special commission shall finally evaluate the possibilities of implementing payments systems that reflect patient diagnoses and acuity. Said special commission shall file a report of its recommendations, including any proposals for legislation and regulation necessary to effectuate said recommendations, with the joint committee on health care and the house and senate committees on ways and means no later than April first, nineteen hundred and ninety-seven. The division of health care finance and policy is hereby authorized and directed to prepare analyses of said hospitals' finances and rates of payment that are determined necessary to assist the task force in its deliberations.

SECTION 60. Notwithstanding the provisions of section thirteen A of chapter one hundred and eighteen E and chapter one hundred and eighteen G of the General Laws or any other general or special law to the contrary, in hospital fiscal year nineteen hundred and ninety-seven, a public payor-dependent non-acute hospital as defined herein shall be eligible for rates including any administratively necessary day rates and terms of payment from the division of medical assistance that shall, at a minimum, be no less than the rate and terms of payment promulgated for each such hospital pursuant to former section thirty-two of chapter six A of the General Laws as effective on June thirtieth, nineteen hundred and ninety-six, expressed as a per-diem to reflect the costs incurred in treating the beneficiaries of the medical care and assistance program, and which shall be adjusted from a base year of nineteen hundred and ninety-four to said hospital fiscal year to account for (1) the rate of inflation in the economy generally, as measured by a composite price index to be specified in regulations promulgated by the division of health care finance and policy; (2) any increase beyond that allowed by virtue of application of such index resulting from increases in volume not otherwise off-set by decreases in volume, such volume increases or decreases to be measured in a manner specified in said regulations; (3) changes in service intensity; and (4) such increases, not otherwise justified by clauses (1) and (2), which result from cost increases beyond the reasonable control of the individual hospital; provided, that cost increases resulting from expenditures not considered to be a substantial capital expenditure as defined in section twenty-five B of chapter one hundred and eleven of the General Laws shall not be deemed costs beyond the reasonable control of the individual hospital.

For purposes of this section the term "public payor-dependent non-acute hospital", includes any non-acute hospital described in clauses (ii) or (iv) of 42 U.S.C. {1395ww(d)(1)(B) on January first, nineteen hundred and ninety-five and which exhibited a payor mix whereby a minimum of sixty-three percent of the non-acute hospital's gross inpatient service revenue is attributable to Title XVIII of the Social Security Act, chapter one hundred and eighteen E of the General Laws, other government payors and free care or such hospital which began operations during the hospital fiscal year ending on September thirtieth, nineteen hundred and ninety-six; provided, however, that such term does not include a hospital that was reimbursed for services provided to individuals entitled to medical assistance under said chapter one hundred and eighteen E pursuant to a contract between the hospital and the division of medical assistance on January first, nineteen hundred and ninety-six.

Such rates of payment so established shall meet all statutory and regulatory provisions of Title XIX of the Social Security Act, as such act existed on September first, nineteen hundred and ninety-five. The division of health care finance and policy established by said chapter one hundred and eighteen G shall, for the hospital years during which this section is effective, establish the per diem rates required by this section prior to the commencement of each public payor-dependent non-acute hospital's fiscal year and prior to the offer of a contract or offer to negotiate a contract by the division of medical assistance pursuant to section thirteen A of said chapter one hundred and eighteen E.

Any public payor-dependent non-acute hospital aggrieved by any action or failure to act by the division of medical assistance or the division of health care finance and policy pursuant to this section may, unless another appeal is provided for by law, file an appeal with the division of administrative law appeals established pursuant to section four H of chapter seven of the General Laws. Said appeal shall be filed within thirty days of a hospital's receipt of notice of any action by the division or at any time in the event of inaction by the division. On any such appeal the division of administrative law appeals shall conduct an adjudicatory proceeding which shall be governed by the provisions of chapter thirty A of the General Laws. The division of administrative law appeals shall determine whether either division's application of its regulations to an individual hospital or any other action or failure to act by either division is in conformity with law and, notwithstanding that said regulations may have been correctly applied, that all charges, allowed costs, reasonable financial requirements, costs, rates, and prices meet the provisions of this section, are fair, reasonable and adequate in such specific circumstances as may be presented by the hospital, are not confiscatory and are otherwise in accordance with law. Judicial review of the division's decision and order shall be governed by section fourteen of said chapter thirty A. Any hospital may seek interim relief from the superior court while any such appeal is pending.

SECTION 61. Any petitions, lawsuits, appeals, and other proceedings filed prior to July first, nineteen hundred and ninety-six by a non-acute hospital, including but not limited to, those filed under former section thirty-six or section forty-two of chapter six A of the General Laws, shall continue unabated and remain in force notwithstanding the passage of chapter one hundred and fifty-one of the acts of nineteen hundred and ninety-six or this act, and shall thereafter be adjudicated or adjudged under the provisions of said laws.

SECTION 62. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the University of Massachusetts Lowell Wannalancit Complex Building Management Fund. There shall be credited to such fund all revenues received by the commonwealth from the leasing, operation, granting of concessions or other use of the Wannalancit Complex, including, without limitation, fees paid by state agencies for use and occupancy of space within said facility, rental payments from private tenants, license fees, parking fees, and revenues of any other kind. Amounts credited to such fund shall be available for expenditure by the University of Massachusetts Lowell to meet the university's current and foreseeable obligation related to the commonwealth's ownership and the university's operation of the Wannalancit Complex, subject to appropriation.

SECTION 63. Notwithstanding any law or regulation to the contrary, the requirement in 310 CMR 15.301 (6) that Title V systems with a design flow of ten thousand gallons per day or more shall be inspected by July first, nineteen hundred and ninety-seven shall be extended to conform with the assessment schedule established by the executive office of environmental affairs for the twenty-seven river basins in Massachusetts, to be published in the next issue of the Environmental Monitor, in order to conduct outreach and provide information about remediation alternatives.

SECTION 64. There is hereby established within the department of labor and workplace development the workplace modernization corporation to be known as the Bay State Skills Corporation/Industrial Services Program. Said corporation shall be constituted a quasi-public instrumentality of the commonwealth and shall be vested with all of the legal powers, authority, responsibilities, duties, rights, obligations, assets and liability of the industrial services program, economic stabilization trust, and of the former Bay State Skills Corporation, to the extent not already transferred to the industrial services program pursuant to section six hundred thirty-one of chapter one hundred fifty-one of the acts of nineteen hundred and ninety-six. Without limitation, said corporation shall be vested with all legal powers, authority, responsibilities, duties, rights and obligations vested in the former Bay State Skills Corporation by its enabling statute, as said statute existed immediately prior to its repeal pursuant to section one hundred ninety-six of said chapter one hundred fifty-one. Any decision, order, rule or regulation duly made, or any license, permit, certificate or approval duly granted by the industrial services program, economic stabilization trust, or said former Bay State Skills Corporation prior to the effective date of said chapter shall continue in full force and effect unless superseded, revised, rescinded or cancelled by action of the corporation under the authority of this section. Any duly existing contract, lease, or obligation of the industrial services program or economic stabilization trust which is in force immediately prior to the effective date of this section shall be deemed to be an obligation of said corporation. Any duly existing contract, lease, or obligation of the former Bay State Skills Corporation not already transferred to the industrial services program by section six hundred thirty-four of said chapter one hundred fifty-one shall be deemed to be an obligation of said corporation. No existing right or remedy under any such contract, lease, or obligation shall be lost, impaired or affected by the provisions of this act.

Said corporation shall be governed by a board of directors consisting of the director of the department of labor and workplace development, the director of the department of economic development, the commissioner of the department of transitional assistance, the commissioner of the department of education, the chancellor of the board of higher education, or their respective designees, and fourteen persons appointed by the governor for terms of four years, including persons having knowledge and experience in business and industry, skills training, education, labor organizations, and minority employment. The appointed trustees of the economic stabilization trust and the appointed directors of the former Bay State Skills Corporation sitting as of June thirtieth, nineteen hundred and ninety-six shall constitute appointed members of the board of directors of said corporation for the balance of their terms. Said corporation shall not be subject to the supervision or control of the department of labor and workplace development or of any board, department, or other agency of the commonwealth except as specifically provided by this act.

The board of directors shall appoint the president of said corporation. The president shall be the executive and administrative head of said corporation and shall be responsible for administering and enforcing the provisions of law relative to said corporation. The executive director of the industrial services program shall act as the president of said corporation until such time as confirmed by the board of directors. The other employees of the industrial services program, including employees of the former Bay State Skills Corporation transferred to the industrial services program pursuant to said section six hundred thirty-four of said chapter one hundred and fifty-one, shall be deemed to be employees of said corporation, and any accrued vacation, personal or sick leave, health insurance, creditable service for retirement purposes, and other benefits shall continue uninterrupted and be credited to said employees.

On or before January first, nineteen hundred and ninety-seven, the president of the board of directors of said corporation shall provide to the house and senate committees on ways and means a detailed report of the administrative and legislative actions required to complete this merger in an orderly, fair, and efficient manner.

SECTION 65. Notwithstanding the provisions of any general or special law to the contrary, any interest and penalties owed to the Medical Security Trust Fund established in section twenty of chapter one hundred and eighteen G of the General Laws and owing as of the effective date of this act from any regional school district or educational collaborative pursuant to section fourteen G of chapter one hundred and fifty-one A of the General Laws are hereby extinguished in the payment thereof excused. Nothing in this section shall be construed to provide the basis for the refund of payments made by any regional school district or educational collaborative to said fund prior to the effective date of this section.

SECTION 66. No asphalt batching facility shall be sited in the city of Revere, the city of Malden or the East Boston section of the city of Boston which is less than one half mile in linear distance from any hospital, area of residential housing, or hotel. Said linear distance shall be measured from the outer most perimeter of such facility to the outermost point of any adjacent hospital zone, area of residential housing, or hotel; provided, however, that any such facility in operation or under construction prior to the effective date of this act shall not be subject to the provisions of this section.

SECTION 67. Notwithstanding the provisions of any general or special law to the contrary, the sum appropriated in item 1599-3788 of the final deficiency appropriations act of fiscal year nineteen hundred and ninety-six, so-called, for the purpose of meeting the fiscal year nineteen hundred and ninety-five and nineteen hundred and ninety-six costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Massachusetts Correctional Officers Federated Union (unit four) is hereby made available, in addition to the existing purpose therefor, for the purpose of meeting the cost of salary adjustments and benefits necessary to provide equal salary adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions.

SECTION 68. Notwithstanding the provisions of any general or special law to the contrary, the sum appropriated in item 1599-3789 of the final deficiency appropriations act of fiscal year nineteen hundred and ninety-six, so-called, for the purpose of meeting the fiscal year nineteen hundred and ninety-seven costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Massachusetts Correctional Officers Federated Union (unit four) is hereby made available, in addition to the existing purpose therefor, for the purpose of meeting the cost of salary adjustments and benefits necessary to provide equal salary adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions.

SECTION 69. Notwithstanding the provisions of any general or special law to the contrary, the sum appropriated in item 1599-3790 of the final deficiency appropriations act of fiscal year nineteen hundred and ninety-six, so-called, for the purpose of meeting the fiscal year nineteen hundred and ninety-seven costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the National Association of Government Employees (units one and six) is hereby made available, in addition to the existing purpose therefor, for the purpose of meeting the cost of salary adjustments and benefits necessary to provide equal salary adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions.

SECTION 70. Notwithstanding the provisions of any general or special law to the contrary, the unexpended balance of item 9000-1803 in section two A of the final deficiency appropriations act of fiscal year nineteen hundred and ninety-six, so-called, shall be carried forward in fiscal year nineteen hundred and ninety-seven and transferred to a new item of appropriation, 7007-0325, which the comptroller is hereby authorized and directed to establish on the Massachusetts management and reporting system.

SECTION 71. Notwithstanding the provisions of any general or special law to the contrary, the unexpended balance of item 9222-7800 of section two of chapter thirty-eight of the acts of nineteen hundred and ninety-five shall be carried forward in fiscal year nineteen hundred and ninety-seven and transferred in said fiscal year to item 7006-0030 in section two of chapter one hundred and fifty-one of the acts of nineteen hundred and ninety-six for the purposes of said item.

SECTION 72. Notwithstanding the provisions of any general or special law to the contrary, the unexpended balance of item 9081-0351 of section two A of the final deficiency appropriations act of fiscal year nineteen hundred and ninety-six, so-called, shall be carried forward in fiscal year nineteen hundred and ninety-seven and transferred in said fiscal year to item 7003-0901 in section two of chapter one hundred and fifty-one of the acts of nineteen hundred and ninety-six for the purposes of said item.

SECTION 73. Notwithstanding the provisions of any general or special law to the contrary, the unexpended balance of item 9081-7012 of section two of chapter thirty-eight of the acts of nineteen hundred and ninety-five shall be carried forward in fiscal year nineteen hundred and ninety-seven and transferred in said fiscal year to item 7003-0800 in section two of chapter one hundred and fifty-one of the acts of nineteen hundred and ninety-six for the purposes of said item.

SECTION 74. Sections nineteen and twenty shall take effect as of July first, nineteen hundred and ninety-five. Sections twenty-five to forty-eight, inclusive, shall take effect as of July first, nineteen hundred and ninety-six.

SECTION 75. Section forty-seven shall remain in effect until June thirtieth, nineteen hundred and ninety-nine.

SECTION 76. Section sixty-two shall remain in effect until June thirtieth, nineteen hundred and ninety-eight.