H 5386

HOUSE DOCKET, NO. 6046     FILED ON: 4/16/2026
 HOUSE . . . . . . . . . . . . . . . No.
  OFFICE OF THE GOVERNOR
  COMMONWEALTH OF MASSACHUSETTS
  STATE HOUSE · BOSTON, MA 02133
  (617) 725-4000
 MAURA T. HEALEY  KIMBERLEY DRISCOLL
     GOVERNOR  LIEUTENANT GOVERNOR
  April 16, 2026
To the Honorable Senate and House of Representatives,
In November 2024, you enacted and I signed a law designed to keep the Massachusetts
economy strong and competitive in a rapidly changing world. That statute, Mass Leads,
provided nearly $4 billion in capital authorizations for investments in key sectors and established
other policy changes intended to help businesses grow and people succeed. Team
Massachusetts, led by Secretary of Economic Development Eric Paley, has been hard at work
implementing those programs for the last year and a half. That work is helping Massachusetts
maintain its status as a global hub for higher education, research and development, and
technological innovation.
 The world has changed dramatically since Mass Leads became law in November 2024.
We now have a federal government implementing policies that undermine higher education and
research, putting our innovation economy at risk. That same federal government is pursuing
policies that have introduced unprecedented uncertainty into the global economy and have
exacerbated the affordability crisis we are feeling here in Massachusetts, just like everyone else
around the country. And misguided federal policies are making it harder to attract and retain
global talent to our state.
Today, I am filing for your consideration a bill that will help address these new
challenges: An Act Relative to Massachusetts Winning Global Investment, Talent, and
Innovation (“Mass Wins”). This bill builds on Mass Leads, providing limited new capital
authorizations totaling $305 million to ensure we can support key sectors such as defense,
applied AI, robotics, quantum and others. I am also including new authorizations for
investments in our downtowns and main streets to help our smaller businesses and the residents
who support them. To ensure we are maintaining fiscal responsibility, we are proposing to
remove more than $250 million of existing authorizations.
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  The bill proposes several policy changes and new initiatives that will help businesses,
entrepreneurs and employees, as well as cities and towns. One of the most important is a new
initiative called “GlobalMass.” As the federal government turns its back on global partners and
puts up new barriers to global trade, Massachusetts is uniquely positioned to attract and retain
global investment and talent. Massachusetts is viewed as one of the world’s leading innovation
economies and we must continue to welcome opportunity from across the globe. I am asking
Secretary Paley to implement GlobalMass to encourage global investment in Massachusetts and
help international companies establish a footprint here. In addition to the modest capital
authorization to support global launchpads—sites where global companies can begin to make
their future in Massachusetts—the bill directs the state’s Pension Reserves Investment
Management Board to provide seed investment of at least $50 million for a new fund designed to
attract global institutional capital to fuel the Massachusetts innovation economy.
 This bill will also make it easier to start a business in Massachusetts. For too long, we
have had the highest fees of any state for establishing a new Limited Liability Company (LLC).
This fee structure has a disproportionate impact on entrepreneurs from disadvantaged
communities, who are less likely to have access to upfront capital and may find it hard to pay a
$500 filing fee on top of all the other costs of starting a small business. It is time to change that.
This bill proposes reducing the initial filing fee from $500 to $100, and then gradually increase
the annual filing fee over the first few years of a new entity’s existence. The lowered fees will
apply only to the new businesses that need the help, not to LLCs formed to hold real estate or
that otherwise have significant assets. This long-overdue update sends a strong signal that
Massachusetts embraces entrepreneurship and is committed to making it easier to start a
business.
We also know that small businesses are facing rising costs on all fronts, including on
materials and energy. We are going to help by expanding eligibility for the existing small
business energy tax exemption. The eligibility thresholds have not been updated since 2006. If
my proposal is enacted, the energy tax exemption will be available to approximately 20,000
additional micro- and small businesses.
 Retaining talent is another of my top priorities. It is clear we need to do more to keep the
young people who come from all over the country and around the world to study at our colleges
and universities. Mass Leads created a new tax credit for businesses that increase the number of
internships offered to young people looking to start their career in Massachusetts. Unfortunately,
we have not been able to make this tax credit available because it was tied to a revenue surplus
that has not materialized. But we can’t wait any longer. This bill includes a provision to make
the tax credit available starting in 2027.
      The bill will also benefit workers by closing a loophole in our laws on noncompetition
agreements, ensuring workers get fair compensation during the period when they are prohibited
from working. Allowing workers to move from one opportunity to another with fewer
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restrictions—while also allowing employers to enforce non-competes when they need to—isn’t
just a matter of basic fairness. It will help Massachusetts retain entrepreneurs who might
otherwise start their business in a state where noncompetition agreements are restricted or
banned.
  We also know that high housing costs are contributing to our affordability crisis. During
the past two years, we have made meaningful progress in addressing a housing shortage that has
resulted from decades of under-production. This bill includes a number of provisions that will
make it easier to build new housing. One provision will allow cities and towns to opt in to new
rules that make it easier to convert commercial property to residential use. Another will clarify
that the Board of Building Regulation and Standards can provide variances from the strictest of
our nation-leading energy codes when relief is warranted. The bill will also codify the rules for
local site plan approval to ensure more predictability for the housing and commercial uses that
go through that process and authorize mayors of cities to propose changes to their city’s zoning
ordinances. I am also proposing to reform the way zoning changes are made in Devens to ensure
the community’s zoning bylaws can be amended in a timely way and enable the meaningful
participation of Devens residents as well as surrounding municipalities.
The bill includes several provisions to help Secretary Paley and his team support business
expansion in the state and attract companies to Massachusetts. Many of the states with which we
compete allow their utility companies to offer discounted electricity rates. This bill will give
Massachusetts the same tool, provided that the Department of Public Utilities determines the
discounted rates will not increase costs for other ratepayers. I am also proposing several
technical changes to our various business tax credit programs to make them more effective.
 Finally, the bill includes a number of other changes to the law that will make it easier to
do business and get things done: for example, by advancing electric grid innovation and
deployment; requiring state licensing boards to waive redundant English proficiency testing for
nurses; clarifying the kinds of entities that must be licensed as ticket sellers; allowing
municipalities to pay for utility make-ready work consistent with standard industry practice; and
reducing the burdens for licensed engineers to qualify for home inspector licensure.
  These are just some of the key elements of this bill. Taken together, they reflect a
focused effort to strengthen Massachusetts’ competitiveness, support businesses and workers,
and respond to a rapidly changing economic landscape at a time when federal actions are
creating new uncertainty and putting our innovation economy at risk. We cannot afford to wait.
I look forward to working with you to get this bill passed before the end of session.
  Respectfully submitted,
  Maura T. Healey,
  Governor
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      HOUSE . . . . . . . . . . . . . . . No.
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
     An Act relative to Massachusetts winning global investment, talent, and innovation.
  Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
     forthwith finance improvements to the commonwealth's economic infrastructure, drive industry
     innovation, and promote economic opportunity and job creation, therefore it is hereby declared
     to be an emergency law, necessary for the immediate preservation of the public convenience.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
     of the same, as follows:
1SECTION 1. To provide for a program of community development, economic
2 opportunities, support for local governments, increased industry innovation, job creation and the
3 promotion of economic reinvestment through the funding of infrastructure improvements the
4 sums set forth in section 2 for the several purposes and subject to the conditions specified in this
5 act, are hereby made available, subject to the laws regulating the disbursement of public funds.
6 These sums shall be in addition to any amounts previously authorized and made available for the
7 purposes of those items. The sums set forth in section 2 shall be made available until June 30,
8 2036.
9SECTION 2.
10EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
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11Office of the Secretary
127002-8079  For a capital grant program to be administered by the executive office of
13 economic development to provide grants to private businesses that are constructing or expanding
14 commercial, industrial or manufacturing facilities in the commonwealth which may include, but
15 shall not be limited to: (i) the construction or expansion of facilities in a manner that eliminates
16 or minimizes the use of fossil-fuel heating and cooling equipment, or incorporates other
17 decarbonization measures that would not otherwise be incorporated into the facility design; (ii)
18 the integration of design features that make a facility more resilient to the impacts of climate
19 change, where such design features would not otherwise be economically feasible; and (iii)
20 capital investments that support the creation of a significant number of new jobs in the
21 commonwealth; provided, that the secretary of economic development shall issue program
22 guidelines around the administration of the program which may include the administration of the
23 program through a contract with the Massachusetts Development Finance Agency established in
24 section 2 of chapter 23G of the General Laws, or any other appropriate quasi-governmental
25 agency........................................................................................................................... $25,000,000
267002-8080  For the executive office of economic development to make grants to
27 support the development and application of artificial intelligence technologies in strategically
28 important sectors of the state’s economy including but not limited to life sciences, healthcare,
29 advanced manufacturing, climatetech, quantum, defense technology, transportation and robotics;
30 provided that grants may be made from this item to public entities, non-profit entities and private
31 businesses; and provided further, that grant funding may be administered by the Massachusetts
32 Technology Park Corporation, the Massachusetts Life Sciences Center, the Massachusetts
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33 Technology Development Corporation, or the Massachusetts Clean Energy Technology
34 Center............................................................................................................................ $75,000,000
357002-8081  For the executive office of economic development to provide capital
36 grants to support the construction, fit-out, and improvement of one or more sites where early
37 stage and high growth business ventures are encouraged to establish operations in the
38 Commonwealth; provided that the executive office may contract with the Massachusetts
39 Development Finance Agency, or other state authority as defined in section 1 of chapter 29, to
40 administer the grants or other financial assistance from this line item .
41 ………………………………………………………………………………..……... $20,000,000
427002-8082  For the executive office of economic development for investments in
43 capital assets or public infrastructure that promote economic growth, job creation, and talent
44 recruitment and retention in the defense sector, including to support innovation in defense-
45 related technologies such as artificial intelligence, cybersecurity, robotics and autonomous
46 systems, semiconductors and microelectronics, biosecurity, and advanced manufacturing;
47 provided that grants from this line item may be made to public and private entities as determined
48 by the executive office; and provided further that grant funding may be administered by the
49 Massachusetts Technology Park Corporation, the Massachusetts Life Sciences Center, the
50 Massachusetts Technology Development Corporation, the Massachusetts Development Finance
51 Agency, and the Massachusetts Clean Energy Technology Center. …………… $100,000,000
527002-8084  For a competitive program to be administered by the Massachusetts
53 Technology Park Corporation established in section 3 of chapter 40J of the General Laws to
54 provide capital grants to support research and development of robotics technology including, but
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55 not limited to, robotics incubation, testing, training, workforce development, research and
56 development and commercialization activities; provided, that grants may be made to nonprofit
57 entities, public or private universities or private business
58 entities...........................................................................................................................$25,000,000
597002-8085  For a grant program to cities, towns, regional organizations whose
60 membership is exclusively composed of municipal governments, municipal redevelopment
61 authorities or agencies or quasi-governmental agencies to support economic development in
62 Massachusetts, including, but not limited to, support for the vitality, activation, improvement,
63 and competitiveness of downtowns, main streets, business districts, town centers, commercial
64 corridors, cultural districts, and other walkable mixed-use areas; provided that the executive
65 office of economic development shall establish program requirements through regulations or
66 policy guidelines...........................................................................................................$25,000,000
677002-8083  For the executive office of economic development to provide capital
68 grants to support food science, agricultural enterprises, resilient and sustainable food innovation,
69 food and agricultural technology, and related sectors; provided that the executive office may
70 contract with the Massachusetts Development Finance Agency, or other state authority as
71 defined in section 1 of chapter 29, to administer the grants from this
72 item.…………………………………………………………………………….……..$10,000,000
737002-8086  For the executive office of economic development to provide capital
74 grants to enhance the arts, culture, and the creative economy in Massachusetts, including but not
75 limited to grants to cities and towns for public realm and streetscape improvements that enhance
76 downtown vibrancy, rehabilitation of historic districts, wayfinding and signage to support
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77 cultural institutions, improvements to public gathering and performance spaces, and permanent
78 public art installations; provided that the executive office may contract with the Massachusetts
79 Development Finance Agency, or other state authority as defined in section 1 of chapter 29, to
80 administer the grants from this item.………………………………………………..$25,000,000
81SECTION 3. Subsection (b) of section 204 of chapter 6 of the General Laws, as
82 appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 20 to 21, the
83 words “but shall not serve for longer than 8 consecutive years”.
84SECTION 4. Subsection (c) of section 16I of chapter 6A of the General Laws, as
85 appearing in the 2024 Official Edition, is hereby amended by striking out, in line 13, the words
86 “housing and”.
87SECTION 5. Subsection (d) of said section 16I of said chapter 6A of the General Laws,
88 as so appearing, is hereby amended by striking out, in line 20, the word “community” and
89 inserting in place thereof the following word:- economic.
90SECTION 6. Section 35FF of chapter 10 of the General Laws is hereby repealed.
91SECTION 7. Subsection (b) of section 42 of chapter 23G of the General Laws, as
92 appearing in the 2024 Official Edition, is hereby amended by striking out the second and third
93 sentences of the definition of “Cultural facility” and inserting in place thereof the following
94 sentence:- The term cultural facility may include, but shall not be limited to, museums, historical
95 sites, zoos, aquariums, nature or science centers, theaters, concert halls, exhibition spaces,
96 classrooms and auditoriums suitable for presentation of performing or visual arts; provided that
97 municipally-owned buildings, structures or sites must have at least 50 per cent of their usable
98 floor area or outside space dedicated to such use to qualify.
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99SECTION 8. Subsection (b) of section 5 of chapter 23I of the General Laws, as appearing
100 in the 2024 Official Edition, is hereby amended by striking out, in line 37, the word “3F” and
101 inserting in place thereof the following word:- 3C.
102SECTION 9. Said subsection (b) of said section 5 of said chapter 23I, as so appearing, is
103 hereby further amended by adding the following 2 sentences:-
104The decision by the center to certify or deny certification of a life sciences company and
105 the decision to award or deny any incentives pursuant to subsections (c) or (d), including but not
106 limited to the amount of such award, and any conditions or limitations on such authorization,
107 shall be decisions that are in the sole discretion of the center. Such decision by the center shall be
108 final and shall not be subject to administrative appeal or judicial review pursuant to chapter 30A
109 or give rise to any other cause of action or legal or equitable claim or remedy.
110SECTION 10. Said section 5 of said chapter 23I of the General Laws, as so appearing, is
111 hereby amended by striking out subsection (d) and inserting in place thereof the following
112 subsection:-
113(d) (1) There shall be established a life sciences tax incentive program. The center, in
114 consultation with the department, may authorize incentives, including incentives carried forward
115 or refunded pursuant to subsections (m), (n) and (r) of section 6 of chapter 62, paragraph 17 of
116 section 30 of chapter 63, the second time it appears, section 31M of said chapter 63, the second
117 time it appears, paragraph 6 of subsection (f) of section 38 of said chapter 63, subsection (k) of
118 section 38M of said chapter 63, section 38U of said chapter 63, section 38V of said chapter 63,
119 section 38W of said chapter 63, section 38CC of said chapter 63, the second paragraph of
120 subsection (c) of section 42B of said chapter 63 and subsection (xx) of section 6 of chapter 64H
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121 in a cumulative amount, including the current year cost of incentives allowed in previous years,
122 that shall not exceed $40,000,000 annually. The center may authorize incentives to a life
123 sciences company that spans multiple years if the total amount of incentives due to be taken in
124 any single calendar year does not exceed the applicable cap. The center shall determine the
125 amount and type of any such incentive to authorize and the schedule on which those incentives
126 may be claimed. The center may, in consultation with the department, limit any incentive to a
127 specific dollar amount or time duration or in any other manner deemed appropriate by the
128 department; provided, however, that the department shall only allocate any such incentives
129 among commonwealth certified life sciences companies pursuant to subsection (b) and shall
130 award such tax incentives pursuant to subsection (c).
131The center shall provide an estimate to the secretary of administration and finance of the
132 tax cost of extending benefits to a proposed project before certification, as approved by the
133 commissioner of revenue, based on reasonable projections of project activities and costs. Tax
134 incentives shall not be available to a certified life sciences company unless expressly granted by
135 the secretary of administration and finance in writing.
136(2) When authorizing incentives pursuant to subsection (d), the center shall require the
137 certified life sciences company to execute a written agreement setting forth the terms and
138 conditions on which the tax credits may be claimed. Such written agreement shall set forth the
139 company’s permanent new or retained full time employees, commitments over 1 or more years,
140 set forth a schedule on which the credits may be claimed and other such terms or conditions as
141 the center may in its discretion require. Such agreement may also, at the center’s discretion, limit
142 or restrict the right of the certified life sciences company to carry unused tax credits forward to
143 subsequent tax years.
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144SECTION 11. Subsection (e) of said section 5 of said chapter 23I, as so appearing, is
145 hereby amended by striking out the first 2 paragraphs and inserting in place thereof the following
146 2 paragraphs:-
147(1) Certification granted pursuant to subsection (b) shall be valid starting with the tax
148 year in which certification is granted. Each certified life sciences company shall file an annual
149 report with the center certifying whether the company has achieved the job commitments, met
150 the specific targets established in the proposal pursuant to subclause (A) of clause (i) of
151 subsection (b) and other material obligations or representations set forth in the written agreement
152 pursuant to paragraph (2) of subsection (d).
153(2) The certification of a life sciences company may be revoked by the center after an
154 investigation and determination that representations made by the certified life sciences company
155 in its certification proposal or written agreement pursuant to paragraph (2) of subsection (d) are
156 materially at variance with the conduct of the life sciences company after receiving certification;
157 provided, however, that the center shall review the certified life sciences company at least
158 annually; provided, further, that the center shall have the discretion to determine whether the
159 material variance shall result in revocation of a project certification, taking into account: (i) the
160 conduct of the certified life sciences company subsequent to the project certification; (ii) the
161 extent to which the material variance is the result of unforeseen conditions that are outside the
162 control of the certified life sciences company; and (iii) other considerations as the center shall
163 establish by policy. In the event the center revokes certification of a life sciences company, the
164 center shall provide its reasons for the decision in writing to the secretary of administration and
165 finance, the commissioner of revenue and the clerks of the house of representatives and the
166 senate, who shall forward the same to the house and senate committees on ways and means, the
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167 joint committee on revenue and the joint committee on economic development and emerging
168 technologies. The center shall post these reasons on the internet for public access.
169SECTION 12. Said subsection (e) of said section 5 of said chapter 23I, as so appearing, is
170 hereby further amended by striking out paragraph (4) and inserting in place thereof the following
171 2 paragraphs:-
172(4) In connection with an award of refundable jobs credits pursuant to subsection (r) of
173 section 6 of chapter 62 or section 38CC of chapter 63, if the center finds that the certified life
174 sciences company is in material variance with the terms of the written agreement entered into
175 under subsection (d)(2) then the center may rescind tax credits awarded but not yet claimed, and
176 request that the department recapture tax credits already claimed. The center shall have
177 discretion to provide the company with reasonable opportunity to cure the material variance and
178 rescind or recapture tax credits in proportion to the company’s compliance, as determined by the
179 center. Tax credits shall be rescinded or recaptured by sending a written notice to the certified
180 life sciences company and the department. Where applicable, the department shall recapture tax
181 credits in accordance with subsection (r) of section 6 of chapter 62 or section 38CC of chapter
182 63.
183(5) Nothing in this subsection shall limit any legal remedies available to the
184 commonwealth against any certified life sciences company.
185SECTION 13. Subsection (f) of said section 5 of said chapter 23I of the General Laws, as
186 so appearing, is hereby amended by striking out, in lines 149 to 150, the word “independent”.
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187SECTION 14. Section 1 of chapter 23J of the General Laws, as appearing in the 2024
188 Official Edition, is hereby amended by striking out the definition of “’Fund” and inserting in
189 place thereof the following definition:-
190''Fund'', the Climatetech Investment Fund established in section 15 of chapter 23J.
191SECTION 15. Said section 1 of said chapter 23J, as so appearing, is hereby further
192 amended by striking out the definition of “Trust fund.’
193SECTION 16. Section 2 of said chapter 23J, as so appearing, is hereby amended by
194 striking out, in lines 13 to 15, inclusive, the words “, in collaboration with the Massachusetts
195 Renewable Energy Trust Fund established in section 4E of chapter 40J,”.
196SECTION 17. Said section 2 of said chapter 23J, as so appearing, is hereby further
197 amended by striking out the second paragraph.
198SECTION 18. Section 3 of said chapter 23J, as so appearing, is hereby amended by
199 striking out, in lines 65 to 66, the words “Massachusetts Alternative and Clean Energy
200 Investment Trust Fund” and inserting in place thereof the following word:- fund.
201SECTION 19. Subsection (a) of said section 3 of said chapter 23J, as so appearing, is
202 hereby amended by striking out paragraphs (26) and (31).
203SECTION 20. Section 5 of said chapter 23J, as so appearing, is hereby amended by
204 striking out, in lines 16 to 19, inclusive, the words “and the trust fund over the previous fiscal
205 year, the ability of the fund to meet the requirements in section 35FF of chapter 10 and the
206 ability of the trust fund to meet the requirements in section 9” and inserting in place thereof the
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207 following words:- over the previous fiscal year, the ability of the fund to meet the requirements
208 in section 15.
209SECTION 21. Section 9 of said chapter 23J of the General Laws is hereby repealed.
210SECTION 22. Section 11 of said chapter 23J of the General Laws, as so appearing, is
211 hereby amended by striking out, in lines 2 to 3, the words “the fund and the trust fund” and
212 inserting in place thereof the following words:- any trust funds administered by the center under
213 this chapter.
214SECTION 23. Subsection (a) of section 15 of said chapter 23J of the General Laws, as so
215 appearing, is hereby amended by striking out, in line 6, the words “and (iii)” and inserting in
216 place thereof the following words:- (iii) all amounts collected under section 20 of chapter 25; and
217 (iv).
218SECTION 24. Subsection (b) of section 16 of said chapter 23J, so appearing, is hereby
219 amended by adding the following 2 sentences:- The decision by the center to certify or deny
220 certification of a climatetech company and the decision to award or deny any incentives pursuant
221 to subsection (d), including without limitation the amount of such award, and any conditions or
222 limitations on such authorization, shall be decisions that are in the sole discretion of the center.
223 Such decision by the center shall be final and shall not be subject to administrative appeal or
224 judicial review pursuant to chapter 30A or give rise to any other cause of action or legal or
225 equitable claim or remedy.
226SECTION 25. Subsection (c) of said section 16 of said chapter 23J, as so appearing, is
227 hereby amended by striking out paragraph (1) and inserting in place thereof the following
228 paragraph:-
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229(1) Certification granted pursuant to subsection (b) shall be valid starting with the tax
230 year in which certification is granted. Each certified climatetech company shall file an annual
231 report with the center certifying whether the company has achieved the job commitments, met
232 the specific targets established in the proposal pursuant to clause (i) of subsection (b) and, if not,
233 detailing its progress towards those targets, and other material obligations or representations set
234 forth in the written agreement pursuant to paragraph (3) of subsection (d).
235SECTION 26. Paragraph (2) of said subsection (c) of said section 16 of said chapter 23J,
236 as so appearing, is hereby amended by inserting, in line 56, after the word “proposal” the
237 following words:- or written agreement pursuant to paragraph (3) of subsection (d).
238SECTION 27. Said subsection (c) of said section 16 of said chapter 23J, as so appearing,
239 is hereby further amended by striking out paragraph (3) and inserting in place thereof the
240 following 2 paragraphs:-
241(3) In connection with an award of refundable jobs credits pursuant to subsection (hh) of
242 section 6 of chapter 62 or section 38TT of chapter 63, if the center finds the certified climatetech
243 company is in material noncompliance with the terms of the written agreement entered into
244 under paragraph (3) of subsection (d) then the center may rescind tax credits awarded but not yet
245 claimed, and request that the department recapture tax credits already claimed. The center shall
246 have discretion to provide the company with reasonable opportunity to cure the material
247 noncompliance and rescind or recapture tax credits in proportion to the company’s compliance,
248 as determined by the center. Tax credits shall be rescinded or recaptured by sending a written
249 notice to the certified climatetech company and the department. Where applicable, the
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250 department shall recapture tax credits in accordance with subsection (hh) of section 6 of chapter
251 62 or section 38TT of chapter 63.
252(4) Nothing in this subsection shall limit any legal remedies available to the
253 commonwealth against any certified climatetech company.
254SECTION 28. Section (d) of said section 16 of said chapter 23J, as so appearing, is
255 hereby amended by striking out paragraph (1) and inserting in place thereof the following
256 paragraph:-
257(1) The center, in consultation with the department of revenue, may authorize incentives,
258 including those established in subsections (gg) and (hh) of section 6 of chapter 62, subsection (k)
259 of section 38M of chapter 63, section 38RR of said chapter 63, section 38SS of said chapter 63,
260 section 38TT of said chapter 63, the second paragraph of subsection (c) of section 42B of said
261 chapter 63 and subsection (yy) of section 6 of chapter 64H, that shall not exceed $30,000,000
262 annually. The center may authorize incentives to a climatetech company that spans multiple
263 years if the total amount of incentives due to be taken in any single calendar year does not
264 exceed the applicable cap. The center shall determine the amount and type of any such incentive
265 to authorize and the schedule on which those incentives may be claimed. The center, in
266 consultation with the department of revenue, may limit the incentives to a specific dollar amount
267 or time duration or in any other manner deemed appropriate by the department of revenue;
268 provided, however, that the department of revenue shall only allocate the incentives among
269 certified climatetech companies.
270SECTION 29. Said section (d) of said section 16 of said chapter 23J, as so appearing, is
271 hereby further amended by adding the following paragraph:-
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272(3) When authorizing incentives pursuant to subsection (d), the center shall require the
273 certified climatetech company to execute a written agreement setting forth the terms and
274 conditions on which the tax credits may be claimed. Such written agreement shall set forth the
275 company’s permanent new or retained full time employees, commitments over one or more
276 years, set forth a schedule on which the credits may be claimed and other such terms or
277 conditions as the center may in its discretion require. Such agreement may also, at the center’s
278 discretion, limit or restrict the right of the certified climatetech company to carry unused tax
279 credits forward to subsequent tax years.
280SECTION 30. Said chapter 23J of the General Laws, as so appearing, is hereby amended
281 by adding the following section:-
282Section 17. (a) Unless stated otherwise, the terms used in this section shall have the
283 meaning defined in section 1 of chapter 164.
284(b) As used in this section, unless the context clearly indicates otherwise, “gridtech
285 solution” shall mean novel technologies, novel applications of technologies, and other innovative
286 approaches, including but not limited to, novel retail rate designs, distributed energy resource
287 wiring configurations or customer energy solutions.
288(c) There shall be a gridtech deployment advisory board. Such board shall be tasked with
289 (i) exploring opportunities for public-private partnerships to test or deploy at scale gridtech, (ii)
290 facilitating connections between gridtech companies and relevant distribution companies, and
291 (iii) identifying and proposing solutions to barriers in the existing practices of an electric
292 company, as defined in section 1 of chapter 164, or the department of public utilities, provided
293 such solutions are permissible under state law. The advisory board shall prioritize, where
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294 appropriate, the deployment of gridtech that reduce electric distribution and transmission grid
295 costs and support achievement of the statewide greenhouse gas emissions limits and sublimits
296 under chapter 21N.
297(d) The board established pursuant to subsection (c) shall be comprised of the chief
298 executive officer of the Massachusetts clean energy technology center, or their designee, the
299 commissioner of the department of energy resources, or their designee, the chair of the
300 department of public utilities, or their designee, the secretary of the executive office of economic
301 development, or their designee, 1 of whom shall be a representative from the body established
302 under chapter 40G, 1 of whom shall be a representative from each electric company, as defined
303 by section 1 of chapter 64, 1 of whom shall be a representative from the Massachusetts
304 Municipal Wholesale Electric Company, 1 of whom shall be a representative from a municipal
305 electric distribution company or an organization that represents municipal electric distribution
306 companies, and 3 of whom representatives from organizations involved or familiar with the
307 development, financing or implementation of gridtech solutions. The board shall be co-chaired
308 by the chief executive officer of the Massachusetts clean energy technology center, or their
309 designee, and a member of an electric company serving on the advisory board. All
310 representatives shall, unless otherwise provided, be appointed by the chief executive officer of
311 the Massachusetts clean energy technology center.
312(e) The electric companies shall file for review and approval with the department of
313 public utilities any process approved by the board to review, on an expedited basis, requests for
314 limited waivers of prior department orders that will alleviate gridtech deployment barriers.
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315(f) The department shall approve any process filed under subsection (d) if it determines
316 that such process is in the public interest, including but not limited to reducing electric grid costs
317 and supporting achievement of the statewide greenhouse gas emissions limits and sublimits
318 under chapter 21N.
319(g) Annually, the board shall identify barriers to the deployment of discrete gridtech
320 technologies and applications in existing utility practices and orders issued by the department of
321 public utilities, as well as potential solutions to those barriers and, as applicable, limited waivers
322 of department orders to alleviate the identified barriers. The electric companies shall seek
323 approval from the department of any limited waivers identified and approved by the board so
324 long as they are consistent with the process approved by the department under subsection (f).
325(h) Nothing in this section shall preclude members of the board from testing, funding or
326 scaling gridtech solutions outside of the processes outlined in this section.
327SECTION 31. Section 20 of chapter 25 of the General Laws, as appearing in the 2024
328 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
329 the following subsection:-
330(a) The department shall require a mandatory charge of 0.5 mill per kilowatt-hour for all
331 electricity consumers, except those served by a municipal lighting plant which does not supply
332 generation service outside its own service territory or does not open its service territory to
333 competition at the retail level. All revenues generated by the mandatory charge shall be
334 deposited into and expended in a manner consistent with the requirements of the Climatetech
335 Investment Fund, established under section 15 of chapter 23J.
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336SECTION 32. Subsection (b) of said section 20 of said chapter 25, as so appearing, is
337 hereby amended by striking out, in line 22, the words “Massachusetts Renewable Energy Trust”
338 and inserting in place thereof the following words:- Climatetech Investment Fund.
339SECTION 33. Said subsection (b) of said section 20 of said chapter 25, as so appearing,
340 is hereby further amended by inserting, in line 24, after the words “subsidy from” the following
341 words:- revenues from mandatory charges held by.
342SECTION 34. Said subsection (b) of said section 20 of said chapter 25, as so appearing,
343 is hereby further amended by striking out, in line 28, the word “collaborative” and inserting in
344 place thereof the following words:- Massachusetts clean energy technology center.
345SECTION 35. Section 1A of chapter 40A of the General Laws, as appearing in the 2024
346 Official Edition, is hereby amended by inserting after the definition of “As of right” the
347 following definition:-
348“Bulk and height of structures”, the articulation and roof lines of structures; provided,
349 however, that performance standards governing bulk and height of structures may not be more
350 restrictive than the dimensional requirements set forth in the ordinance or by-law, nor require
351 specific building materials. Articulation, as used herein, refers to the following strategies to
352 address building massing: wall offsets, height variation, wall setbacks, accent lines, stepbacks or
353 such other industry standard types of articulation as may be proposed by the petitioner.
354SECTION 36. Said section 1A of said chapter 40A, as so appearing, is hereby further
355 amended by inserting after the definition of “Permit granting authority” the following definition:-
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356“Site plan review”, the review and approval process under a municipality’s zoning
357 ordinance or by-law that establishes criteria for the layout, safety and impacts of a proposed use
358 or development, and whether a proposed use of land or structures is in compliance with
359 reasonable performance standards as defined in section 7A; provided, however, that site plan
360 review, and the performance standards applicable thereto, in connection with any protected use
361 pursuant to section 3 or any other section of this chapter shall be limited to the extent required by
362 the provisions of such section.
363SECTION 37. Said chapter 40A of the General Laws, as so appearing, is hereby amended
364 by inserting after section 3B the following section:-
365Section 3C. (a) As used in this section, the following words shall, unless the context
366 clearly requires otherwise, have the following meanings:-
367“Adaptive reuse”, the conversion of an existing structure from the use for which it was
368 constructed to multi-family housing or mixed-use development by maintaining the elements of
369 the structure and adapting such elements to the new use.
370“Bus station”, a location serving as a point of embarkation for any bus operated by a
371 transit authority, including the Massachusetts Bay Transportation Authority Silver Line.
372“Board of appeals”, a municipal zoning board of appeals established pursuant to section
373 12.
374“Commuter rail station”, Any commuter rail station operated by a transit authority with
375 year-round service with trains departing at regular time intervals, rather than intermittent,
376 seasonal or event-based service.
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377“Commercial conversion”, the use of land or structures for the creation and operation of
378 any of the following: (i) adaptive reuse, (ii) new construction of multi-family housing and (iii)
379 new construction of mixed-use development.
380“Commercial use”, the use of land or structures for non-residential uses including, but not
381 limited to offices, retail, dining establishments and other similar uses as may be provided through
382 regulation by the executive office in consultation with the executive office of economic
383 development.
384“Commercially zoned lot”, a lot where zoning allows commercial use as-of-right or by
385 special permit.
386“Executive office”, the executive office of housing and livable communities.
387“Ferry terminal”, the location where passengers embark and disembark from a ferry
388 service with year-round service with ferries departing at regular time intervals, rather than
389 intermittent, seasonal or event-based service.
390“Financially infeasible”, to add unreasonable costs or unreasonably diminish the
391 economic feasibility of a commercial conversion by means of a condition or requirement
392 imposed by the board of appeals.
393“Local board”, any local board or official including, but not limited to, any board of
394 survey; board of health; board of subdivision control appeals; planning board; conservation
395 commission; historical commission; water, sewer or other commission or district; fire, police,
396 traffic or other department; building inspector or similar official or board; city council or
397 selectboard; all boards, regardless of their geographical jurisdiction or their source of authority,
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398 including boards established pursuant to any special law or general law, shall be a local board if
399 they perform functions usually performed by locally created boards.
400“Local contribution”, an incentive provided by a city or town for commercial conversion
401 on a commercially zoned lot under subsection (c).
402“Subway station”, any of the stops along the rapid transit system of a transit authority,
403 including the Massachusetts Bay Transportation Authority red line, green line, orange line or
404 blue line, including any extensions or additions to such lines.
405“Transit authority”, the Massachusetts Bay Transportation Authority established by
406 section 2 of chapter 161A, or any other local or regional transit authority established pursuant to
407 section 3 of chapter 161B or section 14 of said chapter 161B.
408“Transit station”, a subway station, commuter rail station, ferry terminal or bus station.
409(b)(1) A city or town subject to this chapter, may, pursuant to section 5, amend zoning to
410 allow commercial conversion as of right on every commercially zoned lot; provided, that a city
411 or town that adopts as of right zoning under this section shall provide not less than 1 adaptive
412 reuse incentive pursuant to subsection (c); and provided further, that as of right zoning
413 established pursuant to this section shall provide at a minimum, but not be limited to, the
414 following:
415(i) For adaptive reuse, allow existing building setbacks to remain and be considered legal
416 nonconforming pursuant to section 6 of chapter 40A; provided, however, that a municipality may
417 prohibit any additional encroachments into any nonconforming setback, unless otherwise
418 required pursuant to clause (ii) or otherwise allowed under zoning;
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419(ii) For adaptive reuse, allow such development to exceed the existing footprint of the
420 building to accommodate upgrades related to building code, fire code and utility requirements;
421(iii) For adaptive reuse, allow such development to exceed the maximum height of the
422 existing zoning district if the structure in existence prior to the adaptive reuse exceeds the
423 maximum height of the existing zoning district;
424(iv) Adaptive reuse for multi-family housing, new multi-family housing and new-
425 construction of mixed-use developments shall be exempt from residential parking requirements
426 that exceed 1 parking space per residential dwelling unit; provided, that such commercial
427 conversion projects on lots that are partially or entirely located within a 0.5 mile radius of a
428 transit station shall be exempt from any residential parking requirements;
429(v) A city or town may require that adequate infrastructure, including roads, water and
430 sewage systems, shall be available or provided to support commercial conversion;
431(vi) A city or town may restrict development on lots where industrial and manufacturing
432 uses are permitted and where such uses have a substantial and demonstratable likelihood of
433 resulting in impacts that are incompatible with residential use, such as air, noise or odor;
434(vii) A city or town may impose affordable housing requirements on commercial
435 conversion through an inclusionary zoning ordinance or bylaw to the extent that such affordable
436 housing requirement does not require more than 10 per cent of the residential units within a
437 commercial conversion to be subject to such affordable housing requirement and such
438 requirement does not limit eligibility to households earning not more than 80 per cent area
439 median income; provided, that the executive office, in its discretion, may approve a greater
440 percentage of affordable units or deeper affordability requirements for some or all of the
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441 affordable units upon request by a city or town as to an individual project in a form as may be
442 designated by the executive office.
443(viii) Notwithstanding any special or general law, rule or regulation to the contrary, a
444 commercial conversion that is adaptive reuse under this section shall comply with the base
445 energy code pursuant to the state building code, 780 CMR, and shall not be required to comply
446 with the specialized stretch energy code established pursuant to section 6 of chapter 25A or the
447 municipal opt-in specialized stretch energy code established pursuant to said section 6 of said
448 chapter 25A.
449(2) Notwithstanding sections 5, 8 and 9, a city or town that has adopted zoning pursuant
450 to paragraph (1) of subsection (b) may establish a streamlined process for a petitioner or
451 applicant seeking commercial conversion of a commercially zoned lot to submit to the board of
452 appeals a single application for approval of a commercial conversion in lieu of separate
453 applications to the applicable local boards. Such process shall provide, at a minimum, but not be
454 limited to, the following:
455(i) The board of appeals shall notify each local board, as applicable, of the filing of an
456 application under this paragraph by sending a copy thereof to such local boards for their
457 recommendations and shall, within 30 days of the receipt of the application, hold a public
458 hearing in conformance with section 11;
459(ii) The board of appeals shall request representatives of local boards as are deemed
460 necessary or helpful in making its decision upon an application to attend the hearing and shall,
461 notwithstanding section 7, have the same power to issue permits or approvals as any local board
462 or official who would otherwise act with respect to such application, including but not limited to
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463 the power to attach to said permit or approval conditions and requirements that are not
464 financially infeasible;
465(iii) The board of appeals, in making its decision on an application, shall take into
466 consideration the recommendations of the local boards and shall have the authority to use the
467 testimony of consultants;
468(iv) The board of appeals shall render a decision, based upon a majority vote of said
469 board, within 60 days of receiving an application; and
470(v) If a hearing is not convened or a decision is not rendered within the time allowed
471 under clause (iv), unless the time has been extended by mutual agreement between the board of
472 appeals and the applicant, the application shall be deemed to have been allowed and the permit
473 or approval shall issue.
474(c) A city or town that adopts zoning pursuant to this section may provide any of the
475 following local contributions: (i) a tax increment exemption for adaptive reuse pursuant to
476 section 5P of chapter 59; (ii) a preference for commercial conversion projects for assistance
477 under a community preservation fund established pursuant to section 7 of chapter 44B; (iii) a
478 preference for commercial conversion projects for assistance under a municipal affordable
479 housing trust fund established pursuant to section 55C of chapter 44; (iv) adoption of a
480 streamlined approval process pursuant to subparagraph (2) of subsection (b); or (v) any other
481 local contributions as determined by the executive office.
482(d) The executive office may establish additional incentives for cities and towns that
483 adopt zoning and a local contribution pursuant to this section. Such incentives for cities and
484 towns may include, but not be limited to, a preference for financial assistance pursuant to section
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485 27 ½ of chapter 23B, a preference for tax credits authorized pursuant to subsection (ee) of
486 section 6 of chapter 62 and section 38OO of chapter 63 and other incentives identified by the
487 executive office in consultation with the executive office of economic development and the
488 executive office for administration and finance.
489(e) The executive office may, in consultation with the executive office of economic
490 development, promulgate regulations for the implementation and administration of this section.
491(f) A city or town that has adopted zoning pursuant to paragraph (1) of subsection (b)
492 above may repeal such adoption pursuant to section 5.
493SECTION 38. Section 5 of said chapter 40A, as so appearing, is hereby amended by
494 inserting after the word “appeals,”, in line 6, the following words:- a mayor,.
495SECTION 39. Said section 5 of said chapter 40A, as so appearing, is hereby further
496 amended by striking out, in line 92, the words “or (c) open-space residential development;” and
497 inserting in place thereof the following words:- (c) open-space residential development; or (d)
498 commercial conversion pursuant to section 3C.
499SECTION 40. Section 6 of said chapter 40A, as so appearing, is hereby amended by
500 inserting, in line 13, after the words “except where alteration, reconstruction, extension or
501 structural change to” the following words:- a structure used for commercial conversion pursuant
502 to section 3C, to the extent allowed by that section or.
503SECTION 41. Said section 6 of said chapter 40A, as so appearing, is hereby further
504 amended by inserting, in line 38, after the word “permit,” the following words:-“Construction or
505 operations under a special permit issued pursuant to section 9 or site plan approval pursuant to
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506 the local ordinance or by-law shall conform to any subsequent amendment of the zoning
507 ordinance or by-law or of any other local land use regulations unless the use or construction is
508 commenced within a period of 3 years after the issuance of the special permit or site plan
509 approval and” and inserting in place thereof the following words:- Construction or operations
510 under a special permit issued pursuant to section 9 or site plan approval pursuant to the local
511 ordinance or by-law or a permit for commercial conversion issued pursuant to section 3C shall
512 conform to any subsequent amendment of the zoning ordinance or by-law or of any other local
513 land use regulations unless the use or construction is commenced within a period of 3 years after
514 the issuance of the special permit, permit for commercial conversion.
515SECTION 42. Said chapter 40A of the General Laws is hereby further amended by
516 adding the following section:–
517Section 7A. (a) As used in this section, the following words shall have the following
518 meanings:
519“Designated authority” shall mean the local municipal board, committee or officials
520 designated in the zoning ordinance or by-law to conduct site plan review.
521“Performance standards” shall mean reasonable, written municipal zoning regulations,
522 published industry standards and best practices, applicable to site plans and relative to traffic
523 circulation and safety, pedestrian safety and access, off-street parking and loading, emergency
524 vehicle access, stormwater drainage, screening, bulk and height of structures, exterior lighting
525 and storage or other outdoor service areas.
526(b) Substantive provisions of site plan review, including content of submittal
527 requirements and applicable performance standards, governing site plan review and approval by
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528 the designated authority or authorities must be as set forth within a local ordinance or by-law
529 adopted pursuant to section 5. Performance standards must be reasonably definite and objective
530 so that any petitioner has knowledge of such standards prior to application submittal. No zoning
531 by-law or ordinance may include performance standards governing the aesthetics of structures.
532 The designated authority may, where such action is in the public interest and not inconsistent
533 with the intent and purpose of this section, waive strict compliance with the performance
534 standards for site plan review. The designated authority may adopt, and from time to time
535 amend, written procedural rules and regulations to implement the local site plan review
536 ordinance or by-law, including provisions for the imposition of reasonable fees for the
537 employment of outside consultants in the same manner as set forth in section 53G of chapter 44.
538(c) A zoning ordinance or by-law may establish applicability standards for projects that
539 are subject to site plan review, which may include a category of projects that are subject to a
540 minor or administrative site plan review process. The zoning ordinance or by-law may require a
541 public hearing in accordance with section 11 for projects that meet or exceed specified thresholds
542 under the zoning ordinance or by-law. The decision of the designated authority for a use allowed
543 as of right, or for a use requiring a special permit but reviewed by a separate designated
544 authority, shall require a simple majority vote of the designated authority and shall be made
545 within the time limits prescribed by ordinance or by-law, not to exceed 90 days from the date of
546 filing of a complete application or such extended time as may be agreed in writing by the
547 petitioner. The submission and review process for a site plan required in connection with the
548 issuance of a special permit, and subject to review by the same permit granting authority as the
549 special permit application, shall be conducted with the review of the special permit application in
550 a coordinated process and may require the same quantum of vote required for approval of a
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551 special permit. The ordinance or by-law may establish the designated authority to be the building
552 commissioner, director of planning or other municipal official who coordinates administrative
553 site plan review with other municipal employees, in which instance there shall be no vote
554 requirement for site plan review. Any appeal from administrative site plan review shall be in
555 accordance with section 17 unless an ordinance or by-law first provides for an appeal to another
556 public body of the municipality. In no instance shall the issuance or denial of a building permit
557 be a prerequisite to the filing of a civil action under this section.
558(d) Site plan review may impose only those conditions that are necessary to ensure
559 substantial compliance of the proposed use of land or structures with the requirements of the
560 zoning ordinance or by-law; provided that no condition may impose restrictions greater than
561 those expressly regulated within the zoning ordinance or by-law and no conditions may be
562 imposed regarding matters over which jurisdiction exclusively lies in another body pursuant to
563 any general or special law; and provided further, that any off-site conditions shall only address
564 direct adverse impacts related to performance standards expressly governed by the zoning
565 ordinance or by-law and which conditions are proportionate in both nature and extent to the
566 impacts of the project on adjacent properties or adjacent roadways.
567(e) A site plan application may be denied only on the grounds that: (i) the proposed site
568 plan does not meet the specific requirements set forth in the zoning ordinance or by-law; or (ii)
569 the petitioner failed to submit the information and fees required by the zoning ordinance or by-
570 law necessary for an adequate and timely review of the design of the proposed land or structures.
571(f) The designated authority shall cause to be made a detailed record of its proceedings,
572 indicating the vote of each member upon each question, or if absent or failing to vote, indicating
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573 such fact, and setting forth clearly the reason for its decision and of its official actions, copies of
574 all of which shall be filed within 14 days in the office of the city or town clerk and shall be
575 deemed a public record, and notice of the decision shall be mailed forthwith to the petitioner and,
576 if such site plan review required a public hearing pursuant to the zoning ordinance or by-law, to
577 the parties in interest designated in section 11. Each such notice shall specify that appeals, if any,
578 shall be made pursuant to section 17 and shall be filed within 20 days after the date of filing of
579 such notice in the office of the city or town clerk. Failure by the designated authority to take final
580 action within said 90 days or extended time, if applicable, shall be deemed to be an approval of
581 the site plan. The petitioner who seeks such approval by reason of the failure of the designated
582 authority to act within such time prescribed, shall notify the city or town clerk, in writing within
583 14 days from the expiration of said 90 days or extended time, if applicable, of such approval. If
584 site plan review required a public hearing, the petitioner shall send such notice to parties in
585 interest designated in section 11 by mail and each such notice shall specify that appeals, if any,
586 shall be made pursuant to section 17 and shall be filed within 20 days after the date the city or
587 town clerk received such written notice from the petitioner that the designated authority failed to
588 act within the time prescribed. After the expiration of 20 days without notice of appeal pursuant
589 to section 17, or, if appeal has been taken, after receipt of certified records of the court in which
590 such appeal is adjudicated, indicating that such approval has become final, the city or town clerk
591 shall issue a certificate stating the date of approval, the fact that the designated authority failed to
592 take final action and that the approval resulting from such failure has become final, and such
593 certificate shall be forwarded to the petitioner.
594(g) A site plan approval granted under this section shall lapse within a specified period of
595 time, not less than 3 years from the date of the filing of such approval with the city or town clerk,
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596 if substantial use or construction has not yet begun, except as extended for good cause by the
597 designated authority. Such specified period shall not include time required to pursue or await the
598 determination of an appeal under section 17 or to pursue or await the appeal of any other permit,
599 license, determination or approval which are prerequisites to issuance of a building permit. The
600 aforesaid minimum period of 3 years may, by ordinance or by-law, be increased to a longer
601 period.
602SECTION 43. Section 14 of said chapter 40A, as so appearing, is hereby amended by
603 inserting after clause (4) the following clause:- (5) to hear and decide applications for
604 commercial conversion upon which the board is empowered to act pursuant to paragraph (2) of
605 subsection (b) of section 3C.
606SECTION 44. Section 15 of said chapter 40A, as so appearing, is hereby amended by
607 striking out the words “The board of appeals shall hold a hearing on any appeal, application or
608 petition within sixty-five” and inserting in place thereof the following words:- Except as
609 provided under clause (i) of paragraph (2) of subsection (b) of section 3C, the board of appeals
610 shall hold a hearing on any appeal, application or petition within 65.
611SECTION 45. Said section 15 of said chapter 40A, as so appearing, is hereby further
612 amended by inserting, after the words, in lines 50 to 51, “except in regard to” the following
613 words:- permits for commercial conversion, as provided for in clause (iv) of paragraph (2) of
614 subsection (b) of section 3C and in regard to.
615SECTION 46. Section 4 of chapter 40G of the General Laws, as appearing in the 2024
616 Official Edition, is hereby amended by striking out subsection (8) and inserting in place thereof
617 the following subsection:-
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618(8) the enterprise will report adequate financial data to the MTDC, and provide MDTC
619 with sufficient control over the management of the enterprise, so as to protect the investment of
620 the MTDC, including, in the discretion of the board, right of access to financial and other records
621 of the enterprise.
622SECTION 47. Said section 4 of said chapter 40G, as so appearing, is hereby further
623 amended by striking out, in line 68, the words “(1) Not more than $1,000,000” and inserting in
624 place thereof the following words:- Not more than $2,000,000.
625SECTION 48. Said section 4 of said chapter 40G, as so appearing, is hereby further
626 amended by striking out, in line 69, the figure “$2,000,000” and inserting in place thereof the
627 following figure:- $4,000,000.
628SECTION 49. Said section 4 of said chapter 40G, as so appearing, is hereby further
629 amended by striking out, in lines 82 to 94, inclusive, subsection (2).
630SECTION 50. Section 6 of said chapter 40G, as so appearing, is hereby amended by
631 striking out, in line 2, the word “ninety,” and inserting in place thereof the following words:-
632 120.
633SECTION 51. Said section 6 of said chapter 40G, as so appearing, is hereby further
634 amended by striking out, in lines 5 to 7, inclusive, the words “and the number of persons hired as
635 a result of the activities of the corporation who were recipients of programs provided for in
636 chapter 115, 117A, or 118”.
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637SECTION 52. Chapter 40J of the General Laws, as appearing in the 2024 Official
638 Edition, is hereby amended by striking out section 3 and inserting in place thereof the following
639 section:-
640Section 3. There is hereby created a body, politic and corporate, to be known as the
641 Massachusetts Technology Park Corporation hereinafter referred to as the corporation. The
642 corporation is hereby constituted a public instrumentality of the commonwealth and the exercise
643 by the corporation of the powers conferred in this chapter shall be deemed and held to be an
644 essential governmental function. The corporation is hereby placed in the executive office of
645 economic development but shall not be subject to the supervision or control of said department
646 or of any board, bureau, department or other agency of the commonwealth except as specifically
647 provided in this chapter.
648The corporation shall be governed and its corporate powers exercised by a board of
649 directors, which shall consist of the secretary of economic development or a designee, the
650 secretary of administration and finance or a designee and the commissioner of higher education
651 or a designee and 15 persons to be appointed by the governor, 2 of whom shall be appointed
652 from a list of persons nominated by the president of the senate, 2 of whom shall be appointed
653 from a list of persons nominated by the speaker of the house of representatives, 2 of whom shall
654 be chief executive officers of post-secondary educational institutions or distinguished members
655 of the engineering or scientific faculties of those institutions, or members of other appropriate
656 faculties, and of those 2, at least 1 shall represent a public post-secondary educational institution,
657 and 6 of whom shall represent businesses concerned with any technology which may be subject
658 to this chapter, and 2 of whom shall be recommended by the Massachusetts AFL-CIO. Each
659 director appointed from the list of nominations recommended by the president of the senate and
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660 the speaker of the house of representatives shall serve a term of 2 years to be coterminous with
661 the legislative session of the general court. Each director appointed by the governor shall serve
662 for a term of 5 years and thereafter until the director’s successor is appointed. A person
663 appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for
664 the unexpired term of the predecessor director. A director shall be eligible for reappointment. A
665 director may be removed by the governor for cause. 9 directors shall constitute a quorum and the
666 affirmative vote of a majority of the directors present and eligible to vote at a meeting shall be
667 necessary for any action to be taken by the board. The directors shall serve without
668 compensation, but each director shall be entitled to reimbursement for actual and necessary
669 expenses incurred in the performance of official duties. The board shall meet at least 4 times
670 each year and shall have final authority over the activities of the corporation.
671The secretary of economic development or a designee shall serve as chairperson. The
672 board shall biennially elect from among its members a vice-chairperson and may designate a
673 treasurer and a secretary, who need not be members of the board. The secretary shall keep a
674 record of the proceedings of the corporation and shall be the custodian of all books, documents
675 and papers filed with the corporation and its official seal. The secretary shall cause copies to be
676 made of all minutes and other records and documents of the corporation and shall certify that
677 such copies are true copies and all persons dealing with the corporation may rely upon such
678 certification. The treasurer shall be the chief financial and accounting officer of the corporation
679 and shall be in charge of its funds, books of account and accounting records.
680The executive committee of the board shall consist of the chairperson and the vice-
681 chairperson, and not less than 3 individuals elected biennially by the board from among its
682 members, 1 of whom shall be a board member representing a post-secondary educational
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683 institution and 1 of whom shall be a board member from a business. The executive committee
684 shall have all the powers of the board between meetings of the board, to be exercised in
685 accordance with by-laws established by the board. The executive committee shall meet as often
686 as considered necessary by the committee.
687Any action required or permitted to be taken at a meeting of the directors may be taken
688 without a meeting if all of the directors consent in writing to such action and such written
689 consent is filed with the records of the minutes of the meetings of the board. Such consent shall
690 be treated for all purposes as a vote at a meeting.
691The provisions of chapter 268A shall apply to all directors, officers and employees of the
692 corporation except that the corporation may purchase from, sell to, borrow from, contract with or
693 otherwise deal with any organization in which any director of the corporation is in any way
694 interested or involved; provided, however, that such interest or involvement is disclosed in
695 advance to the directors and recorded in the minutes of the proceedings of the corporation; and
696 provided, further, that no director having such an interest or involvement may participate in any
697 decision relating to such organization.
698Neither the corporation nor any of its officers, directors, agents, employees, consultants
699 or advisors shall be subject to the provisions of sections 3B of chapter 7, sections 9A, 45, 46 and
700 52 of chapter 30, chapter 31, or sections 27 and 27A to 27E, inclusive, of chapter 149; provided,
701 however, that in purchasing products or services, the corporation shall at all times follow
702 generally accepted good business practices.
703All officers and employees of the corporation having access to its cash or negotiable
704 securities shall give bond to the corporation at its expense, in such amount and with such surety
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705 as the board may prescribe. The persons required to give bond may be included in 1 or more
706 blanket or scheduled bonds.
707Directors and officers who are not regular, compensated employees of the corporation
708 shall not be liable to the commonwealth, to the corporation or to any other person as a result of
709 their activities, whether ministerial or discretionary, as such directors or officers except for
710 willful dishonesty or intentional violations of law. The board of the corporation may purchase
711 liability insurance for directors, officers and employees and may indemnify said persons against
712 the claims of others.
713SECTION 53. Section 56 of chapter 41 of the General Laws, as appearing in the 2024
714 Official Edition, is hereby amended by striking out the last sentence and inserting in place
715 thereof the following sentence:-
716This section shall not prohibit payment to be made for: (i) school travel prior to the date
717 of travel; (ii) the payment of software licenses, software maintenance agreements or online
718 subscription services for school curriculum prior to the fiscal year in which services shall be
719 rendered; or (iii) the payment of estimates issued by utilities for make-ready work to facilitate
720 access to utility poles, conduits, ducts or rights-of way related to broadband infrastructure
721 projects.
722SECTION 54. Subsection (b) of section 5 of chapter 44B of the General Laws, as
723 appearing in the 2024 Official Edition, is hereby amended by inserting, in paragraph (2), after the
724 word “sites”, the following words:- , and may recommend a preference for projects developed
725 under zoning adopted pursuant to section 3C of chapter 40A.
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726SECTION 55. Chapter 59 of the General Laws, as appearing in the 2024 Official Edition,
727 is hereby amended by inserting after section 5O the following section:-
728Section 5P. (a) As used in this section, the following words shall, unless the context
729 clearly requires otherwise, have the following meanings:-
730“Adaptive reuse”, as defined in section 3C of chapter 40A.
731“Zoning”, as defined in section 1A of chapter 40A.
732(b) A city or town that adopts zoning pursuant to section 3C of chapter 40A, may adopt a
733 tax increment exemption for an adaptive reuse project allowed as of right under such zoning. The
734 exemption amount shall not be less than 10 per cent and not more than 100 per cent of the
735 incremental value attributable to the residential portion of an adaptive reuse project allowed as of
736 right under zoning established pursuant to said section 3C of said chapter 40A for a period of not
737 less than 5 years and not more than 20 years. The legislative body of the city or town shall
738 establish the percentage and term of the exemption, subject to the charter of the city or town and
739 the approval of the executive office of housing and livable communities.
740(c) The executive office of housing and livable communities may promulgate regulations
741 for the administration of this section.
742SECTION 56. Subsection (r) of section 6 of chapter 62 of the General Laws, as appearing
743 in the 2024 Official Edition, is hereby amended by striking out paragraph (1) and inserting in
744 place thereof the following paragraph:-
745(1) A taxpayer, to the extent authorized by the life sciences tax incentive program
746 established in section 5 of chapter 23I, may be allowed a refundable jobs credit against the tax
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747 liability imposed under this chapter in an amount and schedule determined by the Massachusetts
748 Life Sciences Center in consultation with the department. The credit allowed under this section
749 shall be taken only after the taxpayer executes a contract under paragraph (2) of subsection (d) of
750 section 5 of chapter 23I.
751SECTION 57. Paragraph (2) of said subsection (r) of said section 6 of said chapter 62, as
752 so appearing, is hereby amended by striking out, in line 920, the figure “50” and inserting in
753 place thereof the following figure:- 25.
754SECTION 58. Said subsection (r) of said section 6 of said chapter 62, as so appearing, is
755 hereby further amended by adding the following 2 paragraphs:-
756(5) If the Massachusetts Life Sciences Center revokes the certification of a life sciences
757 company under paragraph (4) of subsection (e) of section 5 of chapter 23I, a portion of the tax
758 credit otherwise allowed by this section and claimed by the taxpayer prior to the date on which
759 the Massachusetts Life Sciences Center makes the determination to revoke the life sciences
760 company’s certification shall be added back as additional tax due and shall be reported as such
761 on the return of the taxpayer for the taxable period in which the determination to revoke the
762 certification is made. The amount of credits subject to recapture shall be proportionate to the life
763 science company’s compliance, as determined by the Massachusetts Life Sciences Center as part
764 of its revocation process and reported to the corporation and the department at the time
765 certification is revoked.
766(6) Nothing in this subsection shall limit the authority of the commissioner to make an
767 adjustment to a taxpayer’s liability upon audit.
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768SECTION 59. Paragraph (2) of subsection (gg) of section 6 of chapter 62, as so
769 appearing, is hereby amended by inserting, in line 1687, after the word “facility” the following
770 words:- in the case of an owner, and not more than 50 per cent of the owner and tenant’s
771 combined total capital investment in a climatetech facility in the case of a tenant.
772SECTION 60. Paragraph (4) of said subsection (gg) of said section 6 of said chapter 62,
773 as so appearing, is hereby amended by striking out, in line 1702, the words “has made a” and
774 inserting in place thereof the following words:- and tenant have made a combined.
775SECTION 61. Subsection (hh) of section 6 of said chapter 62, as so appearing, is hereby
776 amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-
777(1) A taxpayer, to the extent authorized by the climatetech tax incentive program
778 established in section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax
779 liability imposed under this chapter in an amount and schedule determined by the Massachusetts
780 clean energy technology center established in section 2 of said chapter 23J, in consultation with
781 the department of revenue. The credit allowed under this section shall be taken only after the
782 taxpayer executes a contract under paragraph (3) of subsection (d) of section 16 of chapter 23J.
783SECTION 62. Said subsection (hh) of said section 6 of said chapter 62, as so appearing,
784 is hereby further amended by adding the following two paragraphs:-
785(6) If the Massachusetts clean energy technology center revokes the certification of a
786 climatetech company under paragraph (2) of subsection (c) of section 16 of chapter 23J, a
787 portion of the tax credit otherwise allowed by this section and claimed by the taxpayer prior to
788 the date on which the Massachusetts clean energy technology makes the determination to revoke
789 the climatetech company’s certification shall be added back as additional tax due and shall be
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790 reported as such on the return of the taxpayer for the taxable period in which the determination to
791 revoke the certification is made. The amount of credits subject to recapture shall be proportionate
792 to the climatetech company’s compliance, as determined by the Massachusetts clean energy
793 technology center as part of its revocation process and reported to the corporation and the
794 department at the time certification is revoked.
795(7) Nothing in this subsection shall limit the authority of the commissioner to make an
796 adjustment to a taxpayer’s liability upon audit.
797SECTION 63. Paragraph (1) of subsection (b) of section 6J of said chapter 62, as
798 amended by sections 18 and 19 of chapter 150 of the acts of 2024, is hereby further amended by
799 inserting in clause (i), after the words “such criteria”, the second time they appear, the following
800 words:- , and there shall be a preference for projects that are adaptive reuse allowed as-of-right
801 in commercially zoned districts pursuant to section 3C of chapter 40A;.
802SECTION 64. Subsection (b) of section 21 of chapter 62C of the General Laws, as
803 appearing in the 2024 Official Edition, is hereby amended by inserting the following 3
804 paragraphs:-
805(32) the disclosure to the life sciences center established in section 3 of chapter 23I of
806 return and wage reporting information of a life sciences company certified pursuant to subsection
807 (b) of section 5 of chapter 23I, that is: (i) received by the commissioner pursuant to this chapter
808 or chapter 62E; and (ii) necessary for the administration of the life sciences tax incentive
809 program authorized by subsection (d) of section 5 of chapter 23I.
810(33) the disclosure to the clean energy technology center established in section 2 of
811 chapter 23J of return and wage reporting information of a climatetech company certified
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812 pursuant to subsection (b) of section 16 of chapter 23J, that is: (i) received by the commissioner
813 pursuant to this chapter or chapter 62E; and (ii) necessary for the administration of the
814 climatetech tax incentive program authorized by subsection (d)(1) of section 16 of chapter 23J.
815(34) the disclosure to the clean energy technology center established in section 2 of
816 chapter 23J of return and wage reporting information of an offshore wind company certified
817 pursuant to subsection (b) of section 8A of chapter 23J, that is: (i) received by the commissioner
818 pursuant to this chapter or chapter 62E; and (ii) necessary for the administration of the offshore
819 wind tax incentive program authorized by subsection (d) of section 8A of chapter 23J.
820SECTION 65. Paragraph (1) of subsection (b) of section 38R of chapter 63 of the General
821 Laws, as amended by sections 23 and 24 of chapter 150 of the acts of 2024, is hereby further
822 amended by inserting in clause (i), after the words “the criteria”, the third time they appear, the
823 following words:- , and there shall be a preference for projects that are adaptive reuse allowed
824 as-of-right in commercially zoned districts pursuant to section 3C of chapter 40A;.
825SECTION 66. Subsection (b) of section 38U of said chapter 63 of the General Laws, as
826 so appearing, is hereby amended by striking out, in lines 51 to 52, the words “neither credit
827 allowed by section 31A nor section 31H is taken” and inserting in place thereof the following
828 words:- the credit allowed by section 31H is not taken.
829SECTION 67. Section 38CC of said chapter 63 of the General Laws, as so appearing is
830 hereby amended by striking out subsection (a) and inserting in place thereof the following
831 subsection:-
832(a) A taxpayer, to the extent authorized by the life sciences tax incentive program
833 established in section 5 of chapter 23I, may be allowed a refundable jobs credit against the tax
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834 liability imposed under this chapter in an amount and schedule determined by the Massachusetts
835 Life Sciences Center in consultation with the department. The credit allowed under this section
836 shall be taken only after the taxpayer executes a contract under paragraph (2) of subsection (d) of
837 section 5 of chapter 23I.
838SECTION 68. Subsection (b) of said section 38CC of said chapter 63, as so appearing, is
839 hereby amended by striking out, in line 7, the figure “50” and inserting in place thereof the
840 following figure:- 25.
841SECTION 69. Subsection (c) of said section 38CC of said chapter 63, as so appearing, is
842 hereby amended by adding the following sentence:- If the taxpayer is subject to a minimum
843 excise under this chapter, the amount of the credit allowed by this section shall not reduce the
844 excise to an amount less than the minimum excise.
845SECTION 70. Subsection (d) of said section 38CC of said chapter 63, as so appearing, is
846 hereby amended by striking out, in line 20, the figure “$30,000,000” and inserting in place
847 thereof the following figure:- $40,000,000.
848SECTION 71. Said section 38CC of said chapter 63 of the General Laws, as so
849 appearing, is hereby further amended by adding the following 2 subsections:-
850(e) If the Massachusetts Life Sciences Center revokes the certification of a life sciences
851 company under paragraph (4) of subsection (e) of section 5 of chapter 23I, a portion of the tax
852 credit otherwise allowed by this section and claimed by the company prior to the date on which
853 the Massachusetts Life Sciences Center makes the determination to revoke its certification shall
854 be added back as additional tax due and shall be reported as such on the return of the taxpayer
855 for the taxable period in which the determination to revoke the certification is made. The amount
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856 of credits subject to recapture shall be proportionate to the company’s compliance, as determined
857 by the Massachusetts Life Sciences Center as part of its revocation process and reported to the
858 corporation and the department at the time certification is revoked.
859(f) Nothing in this section shall limit the authority of the commissioner of revenue to
860 make an adjustment to a corporation's liability upon audit.
861SECTION 72. Subsection (b) of section 38RR of said chapter 63, as so appearing, is
862 hereby amended by inserting, in line 29, after the words “climatetech facility” the following
863 words:- in the case of an owner, and not more than 50 per cent of the owner and tenant’s
864 combined total capital investment in a climatetech facility in the case of a tenant.
865SECTION 73. Subsection (d) of said section 38RR of said chapter 63, as so appearing, is
866 hereby further amended by striking out, in lines 44 to 45, the words “owner’s total capital
867 investment in the facility equals” and inserting in place thereof the following words:- owner and
868 tenant have made a combined total capital investment in the facility that is.
869SECTION 74. Section 38TT of said chapter 63, as so appearing, is hereby amended by
870 striking out subsection (a) and inserting in place thereof the following subsection:-
871(a) A taxpayer, to the extent authorized by the climatetech tax incentive program
872 established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable jobs
873 credit against the tax liability imposed under this chapter in an amount and schedule determined
874 by the Massachusetts clean energy technology center established in section 2 of said chapter 23J,
875 in consultation with the department of revenue. The credit allowed under this section shall be
876 taken only after the taxpayer executes a contract under paragraph (3) of subsection (d) of section
877 16 of chapter 23J.
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878SECTION 75. Said section 38TT of said chapter 63, as so appearing, is hereby further
879 amended by adding the following 2 subsections:-
880(e) If the Massachusetts clean energy technology center revokes the certification of a
881 climatetech company under paragraph (2) of subsection (c) of section 16 of chapter 23J, a
882 portion of the tax credit otherwise allowed by this section and claimed by the taxpayer prior to
883 the date on which the Massachusetts clean energy technology makes the determination to revoke
884 the climatetech company’s certification shall be added back as additional tax due and shall be
885 reported as such on the return of the taxpayer for the taxable period in which the determination to
886 revoke the certification is made. The amount of credits subject to recapture shall be proportionate
887 to the climatetech company’s compliance, as determined by the Massachusetts clean energy
888 technology center as part of its revocation process and reported to the corporation and the
889 department at the time certification is revoked.
890(f) Nothing in this section shall limit the authority of the commissioner of revenue to
891 make an adjustment to a corporation's liability upon audit.
892SECTION 76. Subsection (qq) of section 6 of chapter 64H of the General Laws, as
893 appearing in the 2024 Official Edition, is hereby amended by striking out the first sentence and
894 inserting in place thereof the following sentence:-
895Sales of gas, steam, electricity or heating fuel for use by any business that has 10 or fewer
896 employees that had gross income of less than $2,000,000 for the preceding calendar year, and
897 that reasonably expects gross income of less than $2,000,000 for the current calendar year.
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898SECTION 77. Section 2 of chapter 70B of the General Laws, as appearing in the 2024
899 Official Edition, is hereby amended by striking out, in lines 46 to 47, the words “and which meet
900 the purposes of subsection (c) of section 9 of chapter 23J”.
901SECTION 78. Section 75 of chapter 112 of the General Laws, as appearing in the 2024
902 Official Edition, is hereby amended by adding the following paragraph:-
903Notwithstanding any general or special law to the contrary, the board, upon the
904 recommendation of the executive director or their designee, shall waive any requirement to
905 complete an exam exclusively verifying proficiency in English if the applicant: (i) previously
906 passed an English proficiency examination at any time; (ii) has obtained one or more nursing
907 degrees in the United States, if the applicant was originally trained outside of the United States;
908 or (iii) demonstrates English proficiency through another method deemed acceptable by the
909 board. Nothing in this paragraph shall be construed to impede the board's authority to establish
910 or conduct examinations which test the applicant's fitness to practice or to promulgate rules,
911 regulations or guidelines pursuant to section 79. The board may not waive requirements for an
912 exam verifying proficiency in English for applicants seeking licensure via the Nurse Licensure
913 Compact pursuant to chapter 112A.
914SECTION 79. Section 222 of said chapter 112 of the General Laws, as so appearing, is
915 hereby amended by adding the following subsection:-
916(e) Notwithstanding clauses (iii) and (iv) of subsection (d), an applicant shall be eligible
917 for licensure as a home inspector without meeting the requirements of said clause (iii) or said
918 clause (iv) of said subsection (d) if the applicant: (i) is a professional engineer licensed pursuant
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919 to sections 81D to 81T, inclusive; and (ii) has performed not less than 50 home inspections under
920 the supervision of a licensed home inspector.
921SECTION 80. Section 3 of chapter 121C of the General Laws, as appearing in the 2024
922 Official Edition, is hereby amended by striking out, in line 55, the word “MOBD” and inserting
923 in place thereof the following words:- the secretary.
924SECTION 81. Section 4 of said chapter 121C, as so appearing, is hereby amended by
925 striking out, in line 9, the words “, MOBD and to the director,” and inserting in place thereof the
926 following words:- and secretary.
927SECTION 82. Subsection (d) of section 5 of said chapter 121C, as so appearing, is
928 hereby amended by striking out, in line 21, the words “MOBD and” and inserting in place
929 thereof the following word:- the.
930SECTION 83. Subsection (l) of said section 5 of said chapter 121C, as so appearing, is
931 hereby amended by striking out, in lines 67 to 68, the words “MOBD and the director” and
932 inserting in place thereof the following words:- the secretary.
933SECTION 84. Said subsection (l) of said section 5 of said chapter 121C, as so appearing,
934 is hereby further amended by striking out, in lines 81 to 82, the words “MOBD and director” and
935 inserting in place thereof the following words:- the secretary.
936SECTION 85. Section 6 of said chapter 121C, as so appearing, is hereby amended by
937 striking out, in line 28, the words “MOBD and director” and inserting in place thereof the
938 following words:- the secretary.
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939SECTION 86. Said section 6 of said chapter 121C, as so appearing, is hereby further
940 amended by striking out, in lines 44 to 45, the words “department of housing and community
941 development” and inserting in place thereof the following words:- secretary.
942SECTION 87. Section 10 of said chapter 121C, as so appearing, is hereby amended by
943 striking out, in line 5, the words “MOBD and the director” and inserting in place thereof the
944 following words:- the secretary.
945SECTION 88. Section 185A of chapter 140 of the General Laws, as appearing in the
946 2024 Official Edition, is hereby amended by striking out subsection (a) and inserting in place
947 thereof the following 2 subsections:-
948(a) For the purposes of this section and sections 185B to 185G, inclusive, the following
949 term shall have the following meaning unless the context clearly requires otherwise:
950“Live event”, a musical performance, sporting event, theatrical production, comedy show
951 or other entertainment event performed in person to an in-person audience in an arena, concert
952 venue or other fixed location including, but not limited to, an event licensed under sections 181
953 and 182 or chapter 128A; provided, however, that “live event” shall not include: (i) a musical
954 performance, sporting event, theatrical production, comedy show or other entertainment event
955 performed in an arena, concert venue or other fixed location with a capacity of less than 1,000
956 attendees; (ii) the broadcast or transmission of such an entertainment event attended exclusively
957 via television, internet or other remote means; or (iii) in-person attendance at an entertainment
958 event that consists of entertainment, whether live or recorded, that is observed by an audience
959 solely via broadcast or transmission or by the playing of a recording, including, but not limited
960 to, a showing of a film in a movie theater.
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961(a½) No person shall engage in the business of selling tickets or the business of reselling
962 or facilitating a mechanism for 2 or more parties to participate in the resale of any ticket of
963 admission to a live event, whether such business is conducted on or off the premises on which
964 such ticket is to be used, without being licensed by the commissioner of occupational licensure.
965SECTION 89. Subsection (b) of said section 185A of said chapter 140, as so appearing, is
966 hereby amended by striking out, in line 12, the words “until the first day of January next after its
967 date” and inserting in place thereof the following words:- for 2 years following its date of
968 issuance.
969SECTION 90. Said subsection (b) of said section 185A of said chapter 140, as so
970 appearing, is hereby further amended by striking out the fourth sentence and inserting in place
971 thereof the following sentence:- The sale of a ticket, entitling the holder of said ticket to
972 admission to any such live event upon payment either of nothing or a sum less than that
973 demanded of the public generally shall be deemed to be a resale pursuant to subsection (a½).
974SECTION 91. Section 185B of said chapter 140, as so appearing, is hereby amended by
975 striking out subsection (a) and inserting in place thereof the following subsection:-
976(a) The fee for each license granted under section 185A and for each renewal thereof
977 shall be determined by the secretary of administration and finance under section 3B of chapter 7
978 for the filing thereof.
979SECTION 92. Subsection (a) of section 185D of said chapter 140, as so appearing, is
980 hereby amended by striking out, in lines 3 to 4, the words “theatrical exhibition, public show or
981 public amusement or exhibition” and inserting in place thereof the following words:- live event.
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982SECTION 93. Subsection (b) of said section 185D of said chapter 140, as so appearing, is
983 hereby amended by striking out, in lines 10 to 12, inclusive, the words “theatrical exhibition,
984 public show or public amusement or exhibition of any description” and inserting in place thereof
985 the following words:- live event.
986SECTION 94. Said chapter 140, as so appearing, is hereby further amended by striking
987 out section 185G and inserting in place thereof the following section:-
988Section 185G. (a) Section 182A shall not apply to tickets or other evidences of entry to
989 theatrical exhibitions, public shows or public amusements or exhibitions, all the proceeds of the
990 sale or resale of which inure exclusively to the benefit of religious, educational or charitable
991 institutions, societies or organizations or civic leagues or organizations not organized for profit
992 but operated exclusively for the promotion of social welfare or to associations of veterans of any
993 wars of the United States, or to tickets or other evidences of entry to agricultural fairs, none of
994 the profits of the sale or resale of which are distributed to stockholders or members of the
995 association conducting the same.
996(b) Sections 185A to 185F, inclusive, shall not apply to tickets to live events, all the
997 proceeds of the sale or resale of which inure exclusively to the benefit of religious, educational
998 or charitable institutions, societies or organizations or civic leagues or organizations not
999 organized for profit but operated exclusively for the promotion of social welfare or to
1000   associations of veterans of any wars of the United States, or to tickets to agricultural fairs, none
1001   of the profits of the sale or resale of which are distributed to stockholders or members of the
1002   association conducting the same.
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1003  SECTION 95. Section 100 of chapter 143 of the General Laws, as appearing in the 2024
1004   Official Edition, is hereby amended by striking out, in lines 9 to 10, the words “other than the
1005   specialized stretch energy code” and inserting in place thereof the following words:- other than
1006   the current and future specialized stretch energy codes.
1007  SECTION 96. Clause (vii) of subsection (b) of section 24L of chapter 149 of the General
1008   Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 104
1009   to 105, the words “, provided that such consideration is specified in the noncompetition
1010   agreement”.
1011  SECTION 97. Said clause (vii) of said subsection (b) of said section 24L of said chapter
1012   149, as so appearing, is hereby further amended by adding the following sentence:-
1013  If the noncompetition agreement is supported by other mutually-agreed upon
1014   consideration in lieu of a garden leave clause, then the other mutually-agreed upon consideration
1015   must be negotiated in connection with the separation from employment and at least equivalent in
1016   value to the garden leave payments otherwise required by this clause.
1017  SECTION 98. Section 12 of chapter 156C of the General Laws, as appearing in the 2024
1018   Official Edition, is hereby amended by striking out subsection (d) and inserting in place thereof
1019   the following 3 subsections:-
1020  (d) The fee for the filing of the certificate of organization required by subsection (a) shall
1021   be $100. The fee for the filing of the annual report required by subsection (c) shall be $200 for
1022   the first annual report; $300 for the second annual report; $400 for the third annual report; and
1023   $500 for the fourth annual report and for each annual report filed thereafter. Such fees shall be
1024   paid to the state secretary at the time the certificate of organization or the annual report is filed.
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1025  (e) Notwithstanding the fees set forth in subsection (d), if a limited liability company (i)
1026   is established for the purpose of holding title to real property; (ii) owns assets in excess of
1027   $1,000,000; or (iii) is expected to own assets in excess of $1,000,000 within the subsequent 12
1028   month period, then the fee for the filing of the certificate of organization required by subsection
1029   (a) shall be $500; and the fee for the filing of each annual report required by subsection (c) shall
1030   be $500 beginning with the annual report that includes an affirmative attestation of any of the
1031   conditions set forth in clauses (i) to (iii) of the preceding sentence. Such fees shall be paid to the
1032   state secretary at the time the certificate of organization or the annual report is filed.
1033  (f) The person filing the certificate of organization or annual report shall in every instance
1034   attest as to whether the limited liability company (i) is established for the sole purpose of holding
1035   title to real property; (ii) owns assets in excess of $1,000,000; or (iii) is expected to own assets in
1036   excess of $1,000,000 within the subsequent 12 month period. A person making such filing who
1037   makes an inaccurate attestation shall be subject to a civil fine of $10,000 for each occurrence.
1038   Such certification shall be the basis for determining eligibility under subsection (e).
1039  SECTION 99. Subsection (b) of section 134 of chapter 164 of the General Laws, as
1040   appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 103 to 104, the
1041   words “Renewable Energy Trust Fund, established pursuant to section 9” and inserting in place
1042   thereof the following words:- Climatetech Investment Fund established pursuant to section 15.
1043  SECTION 100. Said Chapter 164 of the General Laws is hereby further amended by
1044   adding the following section:-
1045  Section 152. (a) As used in this section, the followings words shall have the following
1046   meanings unless the context requires otherwise:
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1047  “Economic development rates”, standardized utility tariffs and discounted rates offered
1048   by a distribution company designed to attract new businesses to Massachusetts and promote
1049   expansion by businesses already located in the commonwealth.
1050  “Special contracts”, discounted utility rates negotiated between distribution companies
1051   and large new businesses locating to Massachusetts or large new businesses expanding in the
1052   commonwealth.
1053  (b) Each distribution company shall offer an economic development rate and special
1054   contracts. Each distribution company shall develop guidelines for large new businesses locating
1055   to Massachusetts or large new businesses expanding in the commonwealth to seek a special
1056   contract. Such rates, contracts and guidelines shall be as consistent as practicable between the
1057   distribution companies.
1058  (c) Economic development rates and special contracts shall not shift costs to or increase
1059   costs for other Massachusetts utility customers.
1060  (d) Economic development rates may include associated requirements, including but not
1061   limited to, job creation or retention, capital investment commitments, participation in energy
1062   efficiency or demand response programs and periodic progress reporting on requirements.
1063  (e) Each distribution company may request modifications to any approved economic
1064   development rate and guidelines to seek a special contract with the department of public utilities
1065   as necessary to accommodate changed circumstances.
1066  (f) Each distribution company shall present the proposed rate and guidelines to the
1067   executive offices of economic development and energy and environmental affairs at least one
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1068   month prior to filing a new or amended economic development rate or guidelines to seek a
1069   special contract with the department of public utilities.
1070  SECTION 101. Notwithstanding any general or special law to the contrary, the members
1071   serving on the advisory board on employee ownership appointed by the governor pursuant to
1072   subsection (a) of section 204 of chapter 6 on the effective date of this act shall continue to serve
1073   for the remainder of their current terms as originally appointed. Upon the expiration of the terms
1074   of such members, the governor shall appoint 2 members to serve for a term of 1 year, 3 members
1075   to serve a term of 2 years, 3 members to serve a term of 3 years and 3 members to serve for a
1076   term of 4 years. Upon the expiration of such terms, the governor shall appoint all members to
1077   serve a term of 4 years.
1078  SECTION 102. Notwithstanding any general or special law to the contrary, any
1079   unexpended funds held by the Massachusetts Alternative and Clean Energy Investment Trust
1080   Fund established in section 35FF of chapter 10 of the General Laws and the Renewable Energy
1081   Trust Fund established in section 9 of chapter 23J of the General Laws shall transfer to the
1082   Climatetech Investment Fund established in section 15 of chapter 23J.
1083  SECTION 103. (a) Notwithstanding any general or special law to the contrary, if the
1084   Economic Assistance Coordinating Council awards less than the full amount of tax credits
1085   authorized by subsection (c) of section 3D of chapter 23A; or if the Massachusetts Life Science
1086   Center awards less than the full amount of tax credits authorized by subsection (d) of section 5 of
1087   chapter 23I; or if the Massachusetts Clean Energy Center awards less than the full amount of tax
1088   credits authorized by subsection (d) of section 16 of chapter 23J, then in each case the balance of
1089   unallocated tax credits, and the funds budgeted to finance that balance, may be carried forward to
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1090   the next calendar year with the approval of the secretary of administration and finance, in
1091   consultation with the secretary of economic development.
1092  (b) Notwithstanding any general or special law to the contrary, the secretary of
1093   administration and finance, in consultation with the secretary of economic development, shall
1094   have the discretion to reallocate some or all of the tax credits that are carried forward pursuant to
1095   subsection (a) among and between the tax credit programs established pursuant to section 3A of
1096   chapter 23A, section 5 of chapter 23I or section 16 of chapter 23. Any credits carried forward or
1097   reallocated shall increase, for the calendar year in which the carry forward or reallocation occurs,
1098   the annual cap or limitation otherwise applicable to the receiving program by the amount of such
1099   credits carried forward or reallocated.
1100  (c) Each year on or before March 1, the secretary of administration and finance, in
1101   consultation with the secretary of economic development, shall submit a report to the house and
1102   senate committees on ways and means setting forth the amount of tax credits, if any, carried
1103   forward and reallocated pursuant to subsections (a) and (b) in the prior calendar year. Said report
1104   shall state the adjusted cap applicable to each tax credit program for the upcoming calendar year.
1105  SECTION 104. Notwithstanding any other general or special law to the contrary, the
1106   pension reserves investment management board established under section 23 of chapter 32 of the
1107   General Laws shall commit not less than $50,000,000 and not more than $100,000,000 in a fund
1108   or fund of funds established in Massachusetts for the benefit of early stage or growth stage
1109   companies domiciled or having a significant operating presence in the Commonwealth. Said
1110   fund or fund of funds shall (i) commit capital only to companies domiciled in Massachusetts or
1111   having a significant operating presence in Massachusetts and funds with headquarters in
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1112   Massachusetts that intend to invest disproportionally in companies domiciled in Massachusetts
1113   or having a significant operating presence in Massachusetts; and (ii) actively seek participation
1114   from global institutional capital, including without limitation sovereign wealth funds, national
1115   public investment funds, and public pension funds. The secretary of the Executive Office of
1116   Economic Development shall select the fund or fund of funds or select a manager for a new fund
1117   or fund of funds if one with suitable investment parameters does not presently exist; provided
1118   that the fund’s investment policies align with the purposes of this section, and the fund or fund of
1119   funds is managed consistent with sound operating, accounting and reporting practices.
1120  SECTION 105. (a) Within 6 months of the effective date of this act, distribution
1121   companies shall file with the department of public utilities an economic development rate and
1122   guidelines for large new businesses locating to Massachusetts or large new businesses expanding
1123   in the Commonwealth to seek a special contract, pursuant to section 152 of chapter 164, as
1124   inserted by Section 100 of this Act.
1125  (b) Upon receipt of the filing required under subsection (a), the department of public
1126   utilities shall conduct a proceeding to approve, deny or modify such proposal. The department
1127   may only approve such proposal if it finds that the proposed economic development rate and
1128   guidance does not shift costs to or increase costs for other Massachusetts utility customers and
1129   either supports or does not hinder the achievement of the statewide greenhouse gas emissions
1130   limits and sublimits under chapter 21N.
1131  SECTION 106. Section 2 of chapter 498 of the acts of 1993, as most recently amended
1132   by chapter 238 of the acts of 2024, is hereby amended by striking out the definition of “Bank or
1133   Government land bank” and inserting in place thereof the following definition:-
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1134  “Bank” or “Government land bank,” shall mean and refer to the Massachusetts
1135   Development Finance Agency, the independent authority established by section 23G of the
1136   General Laws, and successor to the Government Land Bank pursuant to chapter 289 of the Acts
1137   of 1998.
1138  SECTION 107. Said chapter 498 of the acts of 1993, as so amended, is hereby further
1139   amended by inserting after section 10 the following section:-
1140  SECTION 10A. Notwithstanding anything to the contrary in section 10, from and after
1141   January 1, 2027, any substantial amendment to the Reuse Plan or By-laws shall be proposed by
1142   MassDevelopment, and MassDevelopment shall hold no fewer than two public hearings in
1143   Devens to receive public comment on the proposed amendment to the Reuse Plan or By-laws.
1144   Notice of said public hearings shall be provided in a newspaper or newspapers of general
1145   circulation in the Devens Region at least 14 days prior to the dates established for said public
1146   hearings, and a copy of said notice shall also be provided to each of the Towns for posting in
1147   their respective town halls as they may see fit. Within 30 days of the last public hearing held by
1148   MassDevelopment, MassDevelopment shall convene a single meeting to consider the proposed
1149   substantial amendment to the Reuse Plan of By-laws, which single meeting shall be held at a
1150   location within Devens designated by MassDevelopment, or if it is infeasible to hold the meeting
1151   within Devens, then at another location reasonably accessible to the residents of the Towns. Any
1152   person registered to vote in any of the Towns, including but not limited to any person with a
1153   place of residence in Devens, shall be eligible to vote at said meeting and the clerks of the Towns
1154   shall verify the voter registration status of all attendees at the meeting. MassDevelopment shall
1155   pay the reasonable costs incurred by the clerks of the Towns that are directly attributable to the
1156   verification of voter registration status at the meeting. Any proposed amendment to the Reuse
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1157   Plan or By-laws shall be presented at said meeting by MassDevelopment, and no revision to the
1158   proposed amendment shall be permitted at the meeting. At any such single meeting to consider a
1159   substantial amendment to the Reuse Plan or By-laws, 50 voters registered to vote in any of the
1160   Towns, including but not limited to any resident of Devens, and present at the single meeting,
1161   shall constitute a quorum. No business, other than adjournment, shall be transacted unless a
1162   quorum is present. A proposed amendment to the Reuse Plan or By-laws shall be effective upon
1163   a majority vote of the registered voters attending the single meeting. If an amendment is
1164   approved at the meeting, MassDevelopment shall, within 7 days of said meeting, provide a
1165   certified copy of said amendment to the Commission, which shall revise the Reuse Plan or By-
1166   laws in accordance therewith within 7 days of receipt of said certified copy.
1167  SECTION 108. Item 7002-1509 of section 2 of chapter 140 of the acts of 2024 is hereby
1168   amended by adding the following words:- or other similar visa programs.
1169  SECTION 109. Item 7002-1522 of section 2 of chapter 238 of the acts of 2024 is hereby
1170   amended by striking out the words “technologies developed with the assistance of” and inserting
1171   in place thereof the following words:- technologies, with preference for companies receiving.
1172  SECTION 110. Item 7002-1523 of said section 2 of said chapter 238 is hereby amended
1173   by striking out the words “proteins developed with the assistance of” and inserting in place
1174   thereof the following words:- proteins, with preference for companies receiving.
1175  SECTION 111. Sections 320 and 324 of said chapter 238 are hereby repealed.
1176  SECTION 112. Notwithstanding any general or special law to the contrary, the
1177   unexpended and unencumbered balances of the bond-funded authorizations in the following
1178   accounts shall cease to be available for expenditure 180 days after the effective date of this act:
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1179  7002-8013
1180  7002-8016
1181  7002-8017
1182  7002-8022
1183  7002-8035
1184  7002-8037
1185  7002-8038
1186  7002-8041
1187  7002-8049
1188  SECTION 113. Notwithstanding any general or special law to the contrary, to meet the
1189   expenditures necessary in carrying out section 2, the state treasurer shall, upon receipt of a
1190   request by the governor, issue and sell bonds of the commonwealth in an amount to be specified
1191   by the governor from time to time but not exceeding, in the aggregate, $305,000,000. All bonds
1192   issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to
1193   Massachusetts Winning Global Investment, Talent, and Innovation” and shall be issued for a
1194   maximum term of years, not exceeding 30 years, as the governor may recommend to the general
1195   court pursuant to section 3 of Article LXII of the Amendments to the Constitution; provided,
1196   however, that all such bonds shall be payable not later than June 30, 2061. All interest and
1197   payments on account of principal on such obligations shall be payable from the General Fund.
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1198   Bonds and interest thereon issued under the authority of this section shall, notwithstanding any
1199   other provision of this act, be general obligations of the commonwealth.
1200  SECTION 114. Notwithstanding any general or special law to the contrary, the annual
1201   report required under subsection (g) of section 17 of chapter 23J of the General Laws, as inserted
1202   by section 30, shall be due 1 year from the effective date of this act.
1203  SECTION 115. Subsection (ii) of section 6 of chapter 62 of the General Laws, as inserted
1204   by section 194 of said chapter 238 of the acts of 2024, shall take effect for taxable years
1205   beginning on or after January 1, 2027.
1206  SECTION 116. Section 38UU of chapter 63 of the General Laws, inserted by section 212
1207   of said chapter 238 of the acts of 2024, shall take effect for taxable years beginning on or after
1208   January 1, 2027.
1209  SECTION 117. Section 316 of said chapter 238 of the acts of 2024 shall take effect on
1210   January 1, 2033.
1211  SECTION 118. Not less than 270 days after the effective date of this act, each electric
1212   company shall share with the board established in section 17 of chapter 23J as inserted by section
1213   30 of this act, the processes they plan to implement to address gridtech deployment barriers
1214   internal to the electric company. Such processes shall include procedures for addressing barriers
1215   identified by the board pursuant to subsection (g) of section 17 of chapter 23J as inserted by
1216   section 30 of this act. Such processes shall be as similar between the investor-owned electric
1217   companies as practicable.
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1218  SECTION 119. Not less than 270 days after the effective date of this act, the board
1219   established in section 17 of chapter 23J as inserted by section 30 of this act shall develop and
1220   vote to file with the department of public utilities a process for the department to review, on an
1221   expedited basis, requests for limited waivers of prior department orders that will alleviate
1222   gridtech deployment barriers. Such process shall be limited to reviewing waivers of prior
1223   department orders that are time-bound and finite in scope.
1224  SECTION 120. Sections 35, 36, and 42 shall take effect for all municipalities upon the
1225   effective date of this act; provided, however, that in municipalities that adopted a zoning
1226   ordinance or by-law requiring some form of site plan review prior to the effective date of this act,
1227   the provisions of this section shall not be effective with respect to such zoning ordinance or by-
1228   law until the date that is one year after the effective date of this act.
1229  SECTION 121. Section 98 shall take effect on January 1, 2027.
1230  SECTION 122. Sections 37, 39, 40, 41, 43, 44, 45, 54, 55, 63 and 65 shall take effect on
1231   July 1, 2027.
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