S 3178

SENATE . . . . . . . . . . . . . . No. 3178
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
  SENATE, July 16, 2026.
 The committee on Senate Ways and Means to whom was referred the House Bill relative
to economic development in the commonwealth (House, No. 5576); reports, recommending that
the same ought to pass with an amendment striking out all after the enacting clause and inserting
in place thereof the text of Senate document numbered 3178. [This legislation authorizes
$325,100,000 in bond obligations and $100,000,000 in direct fiscal year 2026 appropriations
from the Education and Transportation Fund].
  For the committee,
  Michael J. Rodrigues
SENATE . . . . . . . . . . . . . . No. 3178
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
1SECTION 1. To provide for certain unanticipated obligations of the commonwealth, to
2 provide for an alteration of purpose for current appropriations and to meet certain requirements
3 of law, the sums set forth in section 2A are hereby appropriated from the Education and
4 Transportation Fund established in section 2BBBBBB of chapter 29 of the General Laws unless
5 specifically designated otherwise in this act, for the several purposes and subject to the
6 conditions specified in this act and subject to the laws regulating the disbursement of public
7 funds for the fiscal year ending June 30, 2026. Except as otherwise provided, these sums shall be
8 made available through the fiscal year ending June 30, 2029.
9SECTION 2A.
10EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
11Office of the Secretary
121596-7066       For a bridge funding reserve to support public institutions of higher
13 education in the commonwealth to enable them to: (i) adapt to federal funding uncertainty or for
14 the loss or diminishment of federal research funding; (ii) encourage advancement of scientific
15 research, enhance employment opportunities and talent development; and (iii) enable
16 participation in partnerships and joint ventures related to research and innovation; provided, that
  1 of 95
17 the funds shall be administered by the executive office for administration and finance, in
18 consultation with the executive office of education, the executive office of labor and workforce
19 development and the executive office of economic development; provided further, that funds
20 may be expended as flexible funding support for public institutions of higher education in the
21 commonwealth to fund direct and indirect costs of research to retain talent and preserve the pace
22 of scientific discovery in the commonwealth; provided further, that funds may be expended as a
23 talent retention and extension reserve to fund positions in research and teaching, including
24 graduate, post doctorate and other early career research professionals, that would otherwise be
25 unfunded due to reductions in federal indirect rates and to build a bridge to future funding levels
26 and sources; provided further, that funds may be expended for research opportunities,
27 partnerships and joint ventures to support research activity and employment and advance
28 innovation and opportunity in the commonwealth including, but not limited to, opportunities
29 related to advanced manufacturing and technology, agricultural science and technology,
30 bioengineering and life sciences, civil engineering and advanced construction materials, climate
31 and environmental science, ecology, education and child development, electronics, energy,
32 fisheries and wildlife science and management, forestry science and management, marine
33 science and technology, medical science and technology, meteorology and atmospheric science,
34 nursing science, public health and applied health sciences and robotics; provided further, that
35 prior to the receipt of funds from this item, public institutions of higher education shall submit a
36 federal funding disruption mitigation plan to the executive office for administration and finance
37 and the house and senate committees on ways and means, which shall include, but not be limited
38 to, the planned needs and projected expenditures for each fiscal year in which funds are made
39 available under this item; provided further, that funds from this item shall be expended in a
  2 of 95
40 manner that prioritizes a public institution of higher education’s loss or diminishment of federal
41 research funding that will impact prospective research opportunities and the pace of discovery;
42 provided further, that funds shall be further prioritized in a manner that provides bridge funding
43 over multiple fiscal years in which funds are made available under this item; provided further,
44 that funds shall be expended by public institutions of higher education in a manner that is
45 consistent with the institutions’ federal funding mitigation plan unless otherwise authorized by
46 the secretary of administration and finance; and provided further, that the secretary of
47 administration and finance may transfer funds from this item to other items as necessary
48 ………………………………………………………………………………………..$100,000,000
49SECTION 3A. To provide for a program of community development, economic
50 opportunities, support for local governments, increased industry innovation, job creation and the
51 promotion of economic reinvestment through the funding of infrastructure improvements, the
52 sums set forth in this section for the several purposes and subject to the conditions specified in
53 this act, are hereby made available, subject to the laws regulating the disbursement of public
54 funds. These sums shall be in addition to any amounts previously authorized and made available
55 for the purposes of those items. The sums set forth in this section shall be made available until
56 June 30, 2036.
57EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
58Office of the Secretary
597002-8046       For the growth capital division of the Massachusetts Development Finance
60 Agency established in section 2 of chapter 23G of the General Laws for a program to provide
61 matching grants to community development financial institutions certified by the United States
  3 of 95
62 Treasury or community development corporations certified under chapter 40H of the General
63 Laws to leverage federal or private investment for the purpose of making loans to small
64 businesses; provided, that such grants shall prioritize socially or economically disadvantaged
65 businesses, which may include, but shall not be limited to, minority-owned, women-owned,
66 worker-owned, veteran-owned or immigrant-owned small businesses that have historically faced
67 obstacles to accessing capital; and provided further, that not less than $10,000,000 shall be
68 expended to The Massachusetts Business Development Corporation for the Massachusetts
69 Capital Access program to support loans to eligible businesses for start up costs, equipment
70 purchases, real estate acquisitions and other business expenses...…………….……$20,000,000
717002-8079       For a capital grant program to be administered by the executive office of
72 economic development to provide grants to private businesses that are constructing or expanding
73 commercial, industrial or manufacturing facilities in the commonwealth, which may include, but
74 shall not be limited to: (i) the construction or expansion of facilities in a manner that eliminates
75 or minimizes the use of fossil-fuel heating and cooling equipment, or incorporates other
76 decarbonization measures that would not otherwise be incorporated into the facility design; (ii)
77 the integration of design features that make a facility more resilient to the impacts of climate
78 change, where such design features would not otherwise be economically feasible; and (iii)
79 capital investments that support the creation of a significant number of new jobs in the
80 commonwealth; provided, that the secretary of economic development shall issue program
81 guidelines around the administration of the program which may include the administration of the
82 program through a contract with the Massachusetts Development Finance Agency established in
83 section 2 of chapter 23G of the General Laws or any other appropriate quasi-governmental
  4 of 95
84 agency; and provided further, that grants shall be awarded in a manner that promotes geographic
85 equity...……………………………………………………………………………$25,000,000
867002-8080  For a grant program to be administered by the executive office of
87 economic development to support the development and application of artificial intelligence
88 technologies in strategically important sectors of the state’s economy including, but not limited
89 to, life sciences, healthcare, advanced manufacturing, climatetech, quantum, defense technology,
90 transportation and robotics; provided, that grants may be awarded from this item to public
91 entities, non-profit entities and private businesses; and provided further, that, at the discretion of
92 the secretary of economic development, grant funding may be administered by the Massachusetts
93 Technology Park Corporation, the Massachusetts Life Sciences Center, the Massachusetts
94 Technology Development Corporation or the Massachusetts Clean Energy Technology
95 Center..........................................................................................................................$75,000,000
967002-8081  For a capital grant program to be administered by the executive office of
97 economic development to support the construction, fit-out and improvement of 1 or more sites
98 where early stage and high growth business ventures are encouraged to establish operations in
99 the commonwealth; provided, that the executive office may contract with the Massachusetts
100 Development Finance Agency established in section 2 of chapter 23G of the General Laws, or
101 any other state authority as defined in section 1 of chapter 29 of the General Laws, to administer
102 the grants or other financial assistance from this item; and provided further, that grants shall be
103 awarded in a manner that promotes geographic equity…………………………..$20,000,000
1047002-8082  For a grant program to be administered by the executive office of
105 economic development to invest in capital assets or public infrastructure that promote economic
  5 of 95
106 growth, job creation and talent recruitment and retention in the defense sector, including to
107 support innovation in defense related technologies such as artificial intelligence, cybersecurity,
108 robotics and autonomous systems, semiconductors and microelectronics, biosecurity and
109 advanced manufacturing; provided, that grants from this item may be awarded to public and
110 private entities as determined by the executive office; and provided further, that, at the discretion
111 of the secretary of economic development, grant funding may be administered by the
112 Massachusetts Technology Park Corporation, the Massachusetts Life Sciences Center, the
113 Massachusetts Technology Development Corporation, the Massachusetts Development Finance
114 Agency or the Massachusetts Clean Energy Technology Center.………………….$100,000,000
1157002-8083  For a grant program to be administered by the executive office of
116 economic development to support food science, agricultural enterprises, resilient and sustainable
117 food innovation, food and agricultural technology and related sectors; provided, that the
118 executive office may contract with the Massachusetts Development Finance Agency established
119 in section 2 of chapter 23G of the General Laws, or any other state authority as defined in section
120 1 of chapter 29 of the General Laws, to administer the grants from this item; and provided
121 further, that grants shall be awarded in a manner that promotes geographic
122 equity…………………………………………………………………………………..$10,000,000
1237002-8084  For a competitive program to be administered by the Massachusetts
124 Technology Park Corporation established in section 3 of chapter 40J of the General Laws to
125 provide capital grants to support research and development of robotics technology including, but
126 not limited to, robotics incubation, testing, training, workforce development, research and
127 development and commercialization activities; provided, that grants may be awarded to nonprofit
128 entities, public or private universities or private business entities................................$25,000,000
  6 of 95
1297002-8085  For a grant program to cities, towns, regional organizations whose
130 membership is exclusively composed of municipal governments, municipal redevelopment
131 authorities or agencies or quasi-governmental agencies to support economic development in the
132 commonwealth including, but not limited to, support for the vitality, activation, improvement
133 and competitiveness of downtowns, main streets, business districts, town centers, commercial
134 corridors, cultural districts and other walkable mixed-use areas; provided, that the executive
135 office of economic development shall establish program requirements through regulations or
136 policy guidelines; and provided further, that grants shall be awarded in a manner that promotes
137 geographic equity…………………...........................................................................$25,000,000
1387002-8086  For a capital grant program to be administered by the executive office of
139 economic development to enhance the arts, culture and the creative economy in the
140 commonwealth including, but not limited to, grants to cities and towns for public realm and
141 streetscape improvements that enhance downtown vibrancy, rehabilitation of historic districts,
142 wayfinding and signage to support cultural institutions, improvements to public gathering and
143 performance spaces and permanent public art installations; provided, that the executive office
144 may contract with the Massachusetts Development Finance Agency established in section 2 of
145 chapter 23G of the General Laws, Massachusetts Cultural Council, or any other state authority as
146 defined in section 1 of chapter 29 of the General Laws, to administer the grants from this item;
147 and provided further, that grants shall be awarded in a manner that promotes geographic
148 equity……………...……………………………………………………………….…..$25,000,000
1497002-8087  For local economic development grants……………………….....$100,000
  7 of 95
150SECTION 4. Subsection (b) of section 204 of chapter 6 of the General Laws, as
151 appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 20 to 21, the
152 words “but shall not serve for longer than 8 consecutive years”.
153SECTION 5. Subsection (c) of section 16I of chapter 6A of the General Laws, as so
154 appearing, is hereby amended by striking out, in line 13, the words “housing and”.
155SECTION 6. Subsection (d) of aid section 16I of said chapter 6A, as so appearing, is
156 hereby amended by striking out, in line 20, the word “community” and inserting in place thereof
157 the following word:- economic.
158SECTION 7. Chapter 7 of the General Laws is hereby amended by inserting after section
159 4T the following new section:-
160Section 4U. Notwithstanding any general or special law to the contrary, the secretary, in
161 consultation with the deputy commissioner of local services and the secretary of housing and
162 livable communities, shall direct all departments, commissions, offices, boards, divisions,
163 institutions or other agencies administering discretionary or competitive grant programs for
164 which eligible recipients include municipalities or other public instrumentalities to establish a
165 preference modifier for applicants or prospective recipients that have zoning or land use policies
166 that encourage the production of housing sufficient to meet commonwealth housing goals as
167 determined by the executive office of housing and livable communities; provided, however, that
168 such polices may include, but shall not be limited to, as-of-right zoning capacity for multifamily
169 housing that provides opportunity to build housing in appropriate areas, the elimination of
170 parking minimums for residential use, the elimination of restrictive lot size requirements and
171 wastewater and wetlands standards that do not exceed state health or environmental standards. A
  8 of 95
172 regional or other partnership of not less than 2 municipalities shall only be eligible for such
173 preference modifier if the applicable requirements in all included municipalities are met. The
174 executive office for administration and finance, in consultation with the executive office of
175 energy and environmental affairs and the executive office of housing and livable communities,
176 shall issue guidelines to implement this section.
177SECTION 8. Section 35FF of chapter 10 of the General Laws is hereby repealed.
178SECTION 9. Section 5A of chapter 23B of the General Laws, as appearing in the 2024
179 Official Edition, is hereby amended by striking the first paragraph and inserting in place thereof
180 the following paragraph:-
181There shall be within the executive office a housing appeals committee, consisting of 5
182 members to be appointed by the secretary or their designee, of whom 1 shall be an officer or
183 employee of the executive office or any agency or division within the executive office, and 2
184 members to be appointed by the governor, of whom 1 shall be a current or recent member of a
185 select board and 1 shall be a current or recent member of a city council or similar governing
186 body of a city. The members shall serve for terms of 2 years each and the secretary or their
187 designee shall designate the chairperson. A member of the committee shall receive no
188 compensation for such services but shall be reimbursed by the commonwealth for all reasonable
189 expenses actually and necessarily incurred in the performance of official duties. Said committee
190 shall hear all petitions for review filed under section 22 of chapter 40B and shall conduct said
191 hearings in accordance with rules and regulations established by the secretary or the secretary’s
192 designee; provided, however, that the committee may hear multiple such petitions concurrently
193 and any such petition shall be heard by not less than 3 members, not less than 2 of whom have
  9 of 95
194 been appointed by the secretary or the secretary’s designee and at least 1 of whom has been
195 appointed by the governor, as assigned by the chair.
196SECTION 10. The definition of “Cultural facility” in subsection (b) of section 42 of
197 chapter 23G of the General Laws, as so appearing, is hereby amended by striking out the second
198 and third sentences and inserting in place thereof the following sentence:- The term cultural
199 facility may include, but shall not be limited to, museums, historical sites, zoos, aquariums,
200 nature or science centers, theaters, concert halls, exhibition spaces, classrooms and auditoriums
201 suitable for presentation of performing or visual arts; provided, however, that municipally-owned
202 buildings, structures or sites shall have not less than 50 per cent of their usable floor area or
203 outside space dedicated to such use to qualify under this definition.
204SECTION 11. Section 5 of chapter 23I of the General Laws, as so appearing, is hereby
205 amended by striking out, in line 37, the word “3F” and inserting in place thereof the following
206 word:- 3C.
207SECTION 12. Subsection (b) of said section 5 of said chapter 23I, as so appearing, is
208 hereby amended by adding the following 2 sentences:- The decision by the center to certify or
209 deny certification of a life sciences company and the decision to award or deny any incentives
210 pursuant to subsections (c) or (d), including, but not limited to, the amount of such award and
211 any conditions or limitations on such authorization, shall be decisions that are at the sole
212 discretion of the center. Such decision by the center shall be final and shall not be subject to
213 administrative appeal or judicial review pursuant to chapter 30A or give rise to any other cause
214 of action or legal or equitable claim or remedy.
  10 of 95
215SECTION 13. Said section 5 of said chapter 23I, as so appearing, is hereby further
216 amended by striking out subsection (d) and inserting in place thereof the following subsection:-
217(d)(1) There shall be a life sciences tax incentive program. The center, in consultation
218 with the department, may authorize incentives, including incentives carried forward or refunded
219 pursuant to subsections (m), (n) and (r) of section 6 of chapter 62, paragraph 17 of section 30 of
220 chapter 63, the second time it appears, section 31M of said chapter 63, the second time it
221 appears, paragraph 6 of subsection (f) of section 38 of said chapter 63, subsection (k) of section
222 38M of said chapter 63, section 38U of said chapter 63, section 38V of said chapter 63, section
223 38W of said chapter 63, section 38CC of said chapter 63, the second paragraph of subsection (c)
224 of section 42B of said chapter 63 and subsection (xx) of section 6 of chapter 64H in a cumulative
225 amount, including the current year cost of incentives allowed in previous years, that shall not
226 exceed $40,000,000 annually. The center may authorize incentives to a life sciences company
227 that spans multiple years if the total amount of incentives due to be taken in any single calendar
228 year does not exceed the applicable cap. The center shall determine the amount and type of any
229 such incentive to authorize and the schedule on which those incentives may be claimed. The
230 center may, in consultation with the department, limit any incentive to a specific dollar amount
231 or time duration or in any other manner deemed appropriate by the department; provided,
232 however, that the department shall only allocate any such incentives among commonwealth
233 certified life sciences companies pursuant to subsection (b) and shall award such tax incentives
234 pursuant to subsection (c).
235The center shall provide an estimate to the secretary of administration and finance of the
236 tax cost of extending benefits to a proposed project before certification, as approved by the
237 commissioner of revenue, based on reasonable projections of project activities and costs. Tax
  11 of 95
238 incentives shall not be available to a certified life sciences company unless expressly granted by
239 the secretary of administration and finance in writing.
240(2) When authorizing incentives pursuant to subsection (d), the center shall require the
241 certified life sciences company to execute a written agreement setting forth the terms and
242 conditions on which the tax credits may be claimed. Such written agreement shall set forth the
243 company’s permanent new or retained full-time employees, commitments over 1 or more years,
244 set forth a schedule on which the credits may be claimed and other such terms or conditions as
245 the center may in its discretion require. Such agreement may also, at the center’s discretion, limit
246 or restrict the right of the certified life sciences company to carry unused tax credits forward to
247 subsequent tax years.
248SECTION 14. Subsection (e) of said section 5 of said chapter 23I, as so appearing, is
249 hereby amended by striking out paragraphs (1) and (2) and inserting in place thereof the
250 following 2 paragraphs:-
251(1) Certification granted pursuant to subsection (b) shall be valid starting with the tax
252 year in which certification is granted. Each certified life sciences company shall file an annual
253 report with the center certifying whether the company has achieved the job commitments, met
254 the specific targets established in the proposal pursuant to subclause (A) of clause (i) of
255 subsection (b) and other material obligations or representations set forth in the written agreement
256 pursuant to paragraph (2) of subsection (d).
257(2) The certification of a life sciences company may be revoked by the center after an
258 investigation and determination that representations made by the certified life sciences company
259 in its certification proposal or written agreement pursuant to paragraph (2) of subsection (d) are
  12 of 95
260 materially at variance with the conduct of the life sciences company after receiving certification;
261 provided, however, that the center shall review the certified life sciences company at least
262 annually; provided further, that the center shall have the discretion to determine whether the
263 material variance shall result in revocation of a project certification, taking into account: (i) the
264 conduct of the certified life sciences company subsequent to the project certification; (ii) the
265 extent to which the material variance is the result of unforeseen conditions that are outside the
266 control of the certified life sciences company; and (iii) other considerations as the center shall
267 establish by policy. If center revokes certification of a life sciences company, the center shall
268 provide its reasons for the decision in writing to the secretary of administration and finance, the
269 commissioner of revenue and the clerks of the house of representatives and the senate, who shall
270 forward the same to the house and senate committees on ways and means, the joint committee on
271 revenue and the joint committee on economic development and emerging technologies. The
272 center shall post these reasons on the internet for public access.
273SECTION 15. Said subsection (e) of said section 5 of said chapter 23I, as so appearing, is
274 hereby further amended by striking out paragraph (4) and inserting in place thereof the following
275 2 paragraphs:-
276(4) In connection with an award of refundable jobs credits pursuant to subsection (r) of
277 section 6 of chapter 62 or section 38CC of chapter 63, if the center finds that the certified life
278 sciences company is in material variance with the terms of the written agreement entered into
279 under paragraph (2) of subsection (d), the center may rescind tax credits awarded but not yet
280 claimed and request that the department recapture tax credits already claimed. The center may
281 provide the company with reasonable opportunity to cure the material variance and rescind or
282 recapture tax credits in proportion to the company’s compliance, as determined by the center.
  13 of 95
283 Tax credits shall be rescinded or recaptured by sending a written notice to the certified life
284 sciences company and the department. Where applicable, the department shall recapture tax
285 credits in accordance with subsection (r) of section 6 of chapter 62 or section 38CC of chapter
286 63.
287(5) Nothing in this subsection shall limit any legal remedies available to the
288 commonwealth against any certified life sciences company.
289SECTION 16. Said section 5 of said chapter 23I, as so appearing, is hereby amended by
290 striking out, in lines 149 and 150, the word “independent”.
291SECTION 17. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby
292 amended by striking out the definition of “Fund” and inserting in place thereof the following
293 definition:-
294“Fund”, the Climatetech Investment Fund established in section 15.
295SECTION 18. Said section 1 of said chapter 23J, as so appearing, is hereby further
296 amended by striking out the definition of “Trust fund.”
297SECTION 19. Section 2 of said chapter 23J, as so appearing, is hereby amended by
298 striking out, in lines 13 to 15, inclusive, the words “, in collaboration with the Massachusetts
299 Renewable Energy Trust Fund established in section 4E of chapter 40J,”.
300SECTION 20. Said section 2 of said chapter 23J, as so appearing, is hereby further
301 amended by striking out the second paragraph.
  14 of 95
302SECTION 21. Section 3 of said chapter 23J, as so appearing, is hereby amended by
303 striking out, in lines 65 to 66, the words “Massachusetts Alternative and Clean Energy
304 Investment Trust Fund” and inserting in place thereof the following word:- fund.
305SECTION 22. Subsection (a) of said section 3 of said chapter 23J, as so appearing, is
306 hereby amended by striking out paragraphs (26) and (31).
307SECTION 23. Section 5 of said chapter 23J, as so appearing, is hereby amended by
308 striking out, in lines 16 to 19, inclusive, the words “and the trust fund over the previous fiscal
309 year, the ability of the fund to meet the requirements in section 35FF of chapter 10 and the
310 ability of the trust fund to meet the requirements in section 9” and inserting in place thereof the
311 following words:- over the previous fiscal year, the ability of the fund to meet the requirements
312 in section 15.
313SECTION 24. Section 9 of said chapter 23J is hereby repealed.
314SECTION 25. Section 11 of said chapter 23J, as appearing in the 2024 Official Edition, is
315 hereby amended by striking out, in lines 2 and 3, the words “the fund and the trust fund” and
316 inserting in place thereof the following words:- any trust funds administered by the center under
317 this chapter.
318SECTION 26. Section 15 of said chapter 23J, as so appearing, is hereby amended by
319 striking out, in line 6, the words “and (iii)” and inserting in place thereof the following words:-
320 (iii) all amounts collected under section 20 of chapter 25; and (iv).
321SECTION 27. Subsection (b) of section 16 of said chapter 23J, as so appearing, is hereby
322 amended by adding the following 2 sentences:- The decision by the center to certify or deny
  15 of 95
323 certification of a climatetech company and the decision to award or deny any incentives pursuant
324 to subsection (d), including without limitation the amount of such award, and any conditions or
325 limitations on such authorization, shall be decisions that are in the sole discretion of the center.
326 Such decision by the center shall be final and shall not be subject to administrative appeal or
327 judicial review pursuant to chapter 30A or give rise to any other cause of action or legal or
328 equitable claim or remedy.
329SECTION 28. Subsection (c) of said section 16 of said chapter 23J, as so appearing, is
330 hereby amended by striking out paragraph (1) and inserting in place thereof the following
331 paragraph:-
332(1) Certification granted pursuant to subsection (b) shall be valid starting with the tax
333 year in which certification is granted. Each certified climatetech company shall file an annual
334 report with the center certifying whether the company has achieved the job commitments, met
335 the specific targets established in the proposal pursuant to clause (i) of subsection (b) and, if not,
336 detailing its progress towards those targets, and other material obligations or representations set
337 forth in the written agreement pursuant to paragraph (3) of subsection (d).
338SECTION 29. Said section 16 of said chapter 23J, as so appearing, is hereby further
339 amended by inserting after the word “proposal”, in line 56, the following words:- or written
340 agreement pursuant to paragraph (3) of subsection (d).
341SECTION 30. Subsection (c) of said section 16 of said chapter 23J, as so appearing, is
342 hereby amended by striking out paragraph (3) and inserting in place thereof the following 2
343 paragraphs:-
  16 of 95
344(3) In connection with an award of refundable jobs credits pursuant to subsection (hh) of
345 section 6 of chapter 62 or section 38TT of chapter 63, if the center finds the certified climatetech
346 company is in material noncompliance with the terms of the written agreement entered into
347 under paragraph (3) of subsection (d) then the center may rescind tax credits awarded but not yet
348 claimed, and request that the department recapture tax credits already claimed; provided,
349 however, that the center may provide the certified climatetech company with reasonable
350 opportunity to cure the material noncompliance and to rescind or recapture tax credits in
351 proportion to the certified climatetech company’s compliance as determined by the center. Tax
352 credits shall be rescinded or recaptured by sending a written notice to the certified climatetech
353 company and the department. Where applicable, the department shall recapture tax credits in
354 accordance with subsection (hh) of section 6 of chapter 62 or section 38TT of chapter 63.
355(4) Nothing in this subsection shall limit any legal remedies available to the
356 commonwealth against any certified climatetech company.
357SECTION 31. Section (d) of said section 16 of said chapter 23J, as so appearing, is
358 hereby amended by striking out paragraph (1) and inserting in place thereof the following
359 paragraph:-
360(1) The center, in consultation with the department of revenue, may authorize incentives,
361 including those established in subsections (gg) and (hh) of section 6 of chapter 62, subsection (k)
362 of section 38M of chapter 63, section 38RR of said chapter 63, section 38SS of said chapter 63,
363 section 38TT of said chapter 63, the second paragraph of subsection (c) of section 42B of said
364 chapter 63 and subsection (yy) of section 6 of chapter 64H, that shall not exceed $30,000,000
365 annually. The center may authorize incentives to a certified climatetech company that spans
  17 of 95
366 multiple years if the total amount of incentives due to be taken in any single calendar year does
367 not exceed the applicable cap; provided, however, that the center shall determine the amount and
368 type of any such incentive authorized and the schedule on which such incentives may be
369 claimed. The center, in consultation with the department of revenue, may limit the incentives to a
370 specific dollar amount, for a specific period of time or in any other manner deemed appropriate
371 by the department of revenue; provided, however, that the department of revenue shall only
372 allocate the incentives among certified climatetech companies.
373SECTION 32. Said section (d) of said section 16 of said chapter 23J, as so appearing, is
374 hereby further amended by adding the following paragraph:-
375(3) When authorizing incentives pursuant to this subsection, the center shall require the
376 certified climatetech company to execute a written agreement setting forth the terms and
377 conditions on which the tax credits may be claimed. Such written agreement shall set forth the
378 certified climatetech company’s permanent new or retained full time employees, commitments
379 over 1 or more years, set forth a schedule on which the credits may be claimed and other such
380 terms or conditions as the center may in its discretion require; provided, however, that such
381 agreement may, at the center’s discretion, limit or restrict the right of the certified climatetech
382 company to carry unused tax credits forward to subsequent tax years.
383SECTION 33. Said chapter 23J is hereby further amended by adding the following
384 section:-
385Section 17. (a) Unless otherwise provided, the words used in this section shall have the
386 meanings ascribed to them in section 1 of chapter 164.
  18 of 95
387(b) For purposes of this section, “gridtech solution” shall mean novel technologies, novel
388 applications of technologies and other innovative approaches including, but not limited to, novel
389 retail rate designs, distributed energy resource wiring configurations or customer energy
390 solutions.
391(c) There shall be a gridtech deployment advisory board, which shall be tasked with: (i)
392 exploring opportunities for public-private partnerships to test or deploy at scale gridtech; (ii)
393 facilitating connections between gridtech companies and relevant distribution companies; and
394 (iii) identifying and proposing solutions to barriers in the existing practices of an electric
395 company or the department of public utilities; provided, however, that such solutions are
396 permissible under state law. The advisory board shall prioritize, where appropriate, the
397 deployment of gridtech that reduce electric distribution and transmission grid costs and support
398 achievement of the statewide greenhouse gas emissions limits and sublimits under chapter 21N.
399(d) The board established pursuant to subsection (c) shall be comprised of the chief
400 executive officer of the Massachusetts clean energy technology center, or their designee, the
401 commissioner of energy resources, or their designee, the chair of public utilities, or their
402 designee, the secretary of the executive office of economic development, or their designee, 1 of
403 whom shall be a representative from the body established under chapter 40G, 1 of whom shall be
404 a representative from each electric company 1 of whom shall be a representative from the
405 Massachusetts Municipal Wholesale Electric Company, 1 of whom shall be a representative
406 from a municipal electric distribution company or an organization that represents municipal
407 electric distribution companies and 3 of whom representatives from organizations involved or
408 familiar with the development, financing or implementation of gridtech solutions. The board
409 shall be co-chaired by the chief executive officer of the Massachusetts clean energy technology
  19 of 95
410 center, or their designee, and a member of an electric company serving on the advisory board.
411 All representatives shall, unless otherwise provided, be appointed by the chief executive officer
412 of the Massachusetts clean energy technology center.
413(e) The electric companies shall file for review and approval with the department of
414 public utilities any process approved by the board to review, on an expedited basis, requests for
415 limited waivers of prior department orders that will alleviate gridtech deployment barriers.
416(f) The department shall approve any process filed under subsection (e) if it determines
417 that such process is in the public interest, including but not limited to reducing electric grid costs
418 and supporting achievement of the statewide greenhouse gas emissions limits and sublimits
419 under chapter 21N.
420(g) Annually, the board shall identify barriers to the deployment of discrete gridtech
421 technologies and applications in existing utility practices and orders issued by the department of
422 public utilities and potential solutions to those barriers and, as applicable, limited waivers of
423 department orders to alleviate the identified barriers. The electric companies shall seek approval
424 from the department of any limited waivers identified and approved by the board so long as they
425 are consistent with the process approved by the department under subsection (f).
426(h) Nothing in this section shall preclude members of the board from testing, funding or
427 scaling gridtech solutions outside of the processes outlined in this section.
428SECTION 34. Section 20 of chapter 25 of the General Laws, as appearing in the 2024
429 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
430 the following subsection:-
  20 of 95
431(a) The department shall require a mandatory charge of 0.5 mill per kilowatt-hour for all
432 electricity consumers, except those served by a municipal lighting plant which does not supply
433 generation service outside its own service territory or does not open its service territory to
434 competition at the retail level. All revenues generated by the mandatory charge shall be
435 deposited into and expended in a manner consistent with the requirements of the Climatetech
436 Investment Fund, established under section 15 of chapter 23J.
437SECTION 35. Said section 20 of said chapter 25, as so appearing, is hereby further
438 amended by striking out, in line 22, the words “Massachusetts Renewable Energy Trust” and
439 inserting in place thereof the following words:- Climatetech Investment Fund.
440SECTION 36. Said section 20 of said chapter 25, as so appearing, is hereby amended by
441 inserting after the words “from”, in line 24, the following words:- revenues from mandatory
442 charges held by.
443SECTION 37. Said section 20 of said chapter 25, as so appearing, is hereby further
444 amended by striking out, in line 28, the word “collaborative” and inserting in place thereof the
445 following words:- Massachusetts clean energy technology center.
446SECTION 38. Section 2EEEEEE of chapter 29 of the General Laws, as so appearing, is
447 hereby amended by striking out, in line 73, the words “and (iii)” and inserting in place thereof
448 the following words:- (iii) protecting the commonwealth from the elimination, reduction or
449 material delay of federal funds upon a determination by the secretary that the elimination,
450 reduction or material delay of such federal funds would materially impact public health, safety or
451 welfare or the fiscal stability of the commonwealth or any of its political subdivisions, in
452 accordance with guidance issued by the executive office for administration and finance; (iv)
  21 of 95
453 improving the financial stability of hospitals and community health centers in the commonwealth
454 that provide health care to low-income, uninsured or underinsured residents, including by
455 transferring any amounts in the fund to the Health Safety Net Trust Fund established in section
456 66 of chapter 118E, in accordance with guidance issued by the executive office for
457 administration and finance in consultation with the executive office of health and human
458 services; (v) funding pay-as-you-go capital for any capital project or program up to the amount
459 otherwise authorized by the general court for such project or program in chapter 238 of the acts
460 of 2024, in accordance with guidance issued by the executive office for administration and
461 finance; and (vi).
462SECTION 39. Section 8C of chapter 40 of the General Laws, as so appearing, is hereby
463 amended by inserting after the word “thereof”, in line 72, the following words:- ; provided,
464 however, that the commission shall retain a record of any such rules and regulations and any
465 other applicable ordinance or by-law, subject to the provisions of section 7 of chapter 4, which
466 denotes whether each such rule, regulation, ordinance or by-law is more restrictive than the
467 requirements of section 40 of chapter 131 and any accompanying regulations promulgated by the
468 department of environmental protection.
469SECTION 40. Section 54A of said chapter 40 is hereby repealed.
470SECTION 41. Section 1A of chapter 40A of the General Laws, as appearing in the 2024
471 Official Edition, is hereby amended by inserting after the definition of “As of right” the
472 following definition:-
473“Bulk and height of structures”, the articulation and roof lines of structures; provided,
474 however, that performance standards governing bulk and height of structures may not be more
  22 of 95
475 restrictive than the dimensional requirements set forth by ordinance or by-law, nor require
476 specific building materials; provided, however, that the word “articulation”, as used herein,
477 refers to strategies to address building massing including, but not limited to, wall offsets, height
478 variation, wall setbacks, accent lines, stepbacks or such other industry standard types of
479 articulation as may be proposed by the petitioner.
480SECTION 42. Said section 1A of said chapter 40A, as so appearing, is hereby further
481 amended by inserting after the definition of “Permit granting authority” the following definition:-
482“Site plan review”, the review and approval process under a municipality’s zoning
483 ordinance or by-law that establishes criteria for the layout, safety and impacts of a proposed use
484 or development, including whether a proposed use of land or structures is in compliance with
485 reasonable performance standards as defined in section 7A; provided, however, that “site plan
486 review”, and the performance standards applicable thereto, in connection with any protected use
487 pursuant to section 3 or any other section of this chapter, shall be limited to the extent required
488 by the provisions of such section.
489SECTION 43. Section 3 of said chapter 40A, as so appearing, is hereby amended by
490 inserting the following paragraphs:-
491No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special
492 permit or other discretionary zoning approval for the use of land or structures for a single duplex
493 on lots zoned for residential use, or the rental thereof; provided, that the use of land or structures
494 for duplexes may be subject to reasonable regulations, including, but not limited to, 310 CMR
495 15.000 et seq., if applicable, site plan review and regulations concerning dimensional setbacks
496 and the bulk and height of structures; provided further, that regulations concerning the height of
  23 of 95
497 a duplex do not limit height to less than 3 stories; provided further, that municipalities may
498 establish uniform design guidelines for projects built under this paragraph. A local regulation,
499 ordinance, or by-law shall not be more restrictive of duplexes than of single-family dwellings,
500 and shall not, individually or cumulatively, render the development of a duplex physically or
501 financially infeasible. A local regulation that is more restrictive than state minimum
502 requirements shall be presumed unreasonable unless it addresses a specific, articulable concern
503 that cannot be addressed by less restrictive means. Said regulations either individually or
504 cumulatively shall not render the development of land for duplexes physically or financially
505 infeasible and may impose restrictions and prohibitions on the operation of short-term rentals,
506 pursuant to section 14 of chapter 64G and other applicable laws. For the purposes of this
507 paragraph, duplexes shall mean 2 dwelling units on the same parcel or lot in attached, detached,
508 or semi-detached arrangements that are designed for residential occupancy. The executive office
509 of housing and livable communities may issue guidelines or promulgate regulations to administer
510 this paragraph.
511SECTION 44. Said chapter 40A is hereby further amended by inserting after section 3B
512 the following section:-
513Section 3C. (a) As used in this section, the following words shall have the following
514 meanings unless the context clearly requires otherwise:
515“Adaptive reuse”, the conversion of an existing structure from the use for which it was
516 constructed to multi-family housing or mixed-use development by maintaining the elements of
517 the structure and adapting such elements to the new use.
  24 of 95
518“Board of appeals”, a municipal zoning board of appeals established pursuant to section
519 12.
520“Bus station”, a location serving as a point of embarkation for any bus operated by a
521 transit authority, including the Massachusetts Bay Transportation Authority Silver Line.
522“Commercial conversion”, the use of land or structures for the creation and operation of
523 any of the following: (i) adaptive reuse; (ii) new construction of multi-family housing; and (iii)
524 new construction of mixed-use development.
525“Commercial use”, the use of land or structures for non-residential uses including, but not
526 limited to offices, retail, dining establishments and other similar uses as authorized by the
527 executive office in consultation with the executive office of economic development.
528“Commercially-zoned lot”, a lot where zoning allows commercial use as-of-right or by
529 special permit.
530“Commuter rail station”, any commuter rail station operated by a transit authority with
531 year-round service with trains departing at regular time intervals, rather than intermittent,
532 seasonal or event-based service.
533“Executive office”, the executive office of housing and livable communities.
534“Ferry terminal”, the location where passengers embark and disembark from a ferry
535 service with year-round service with ferries departing at regular time intervals, rather than
536 intermittent, seasonal or event-based service.
  25 of 95
537“Financially infeasible”, a condition or requirement imposed by the board of appeals that
538 adds unreasonable costs or unreasonably diminishes the economic feasibility of a commercial
539 conversion.
540“Local board”, any local board or official, including, but not limited to, any board of
541 survey, board of health, board of subdivision control appeals, planning board, conservation
542 commission, historical commission, water, sewer or other commission or district, fire, police,
543 traffic or other department, building inspector or similar official or board, city council or
544 selectboard, regardless of their geographical jurisdiction or their source of authority, including
545 boards established pursuant to any special law or general law, if they perform functions usually
546 performed by locally created boards.
547“Local contribution”, an incentive provided by a city or town for commercial conversion
548 on a commercially-zoned lot under subsection (c).
549“Subway station”, any of the stops along the rapid transit system of a transit authority,
550 including the red line, green line, orange line or blue line of the Massachusetts Bay
551 Transportation Authority and any extensions or additions to such lines.
552“Transit authority”, the Massachusetts Bay Transportation Authority established in
553 section 2 of chapter 161A or any other local or regional transit authority established pursuant to
554 section 3 of chapter 161B or section 14 of said chapter 161B.
555“Transit station”, a subway station, commuter rail station, ferry terminal or bus station.
556(b)(1) A city or town subject to this chapter may, pursuant to section 5, amend zoning to
557 allow commercial conversion as of right on every commercially-zoned lot; provided, however,
  26 of 95
558 that a city or town that adopts as of right zoning under this section shall provide not less than 1
559 adaptive reuse incentive pursuant to subsection (c); and provided further, that as of right zoning
560 established pursuant to this section shall include, but not be limited to, for adaptive reuse,
561 allowing: (i) existing building setbacks to remain and be considered lawfully nonconforming
562 pursuant to section 6; provided, however, that a municipality may prohibit any additional
563 encroachments into any nonconforming setback, unless otherwise required pursuant to clause (ii)
564 or permitted by zoning; (ii) such development to exceed the existing footprint of the building to
565 accommodate upgrades related to building code, fire code and utility requirements; and (iii) such
566 development to exceed the maximum height of the existing zoning district if the structure in
567 existence prior to the adaptive reuse exceeds the maximum height of the existing zoning district.
568 Adaptive reuse for multi-family housing, new multi-family housing and new-construction of
569 mixed-use developments shall be exempt from residential parking requirements that exceed 1
570 parking space per residential dwelling unit; provided, however, that such commercial conversion
571 projects on lots that are partially or entirely located within a 0.5 mile radius of a transit station
572 shall be exempt from any residential parking requirements.
573A city or town may: (i) require that adequate infrastructure, including roads, water and
574 sewage systems, shall be available to support commercial conversion; (ii) restrict development
575 on lots where industrial and manufacturing uses are permitted and where such uses have a
576 substantial and demonstratable likelihood of resulting in impacts that are incompatible with
577 residential use, such as air, noise or odor; (iii) impose affordable housing requirements on
578 commercial conversion through an inclusionary zoning ordinance or by-law to the extent that
579 such affordable housing requirements require not more than 10 per cent of the residential units
580 within a commercial conversion to be subject to such affordable housing requirements and that
  27 of 95
581 such affordable housing requirements do not limit eligibility to households with income of not
582 more than 80 per cent area median income; provided, however, that the executive office, in its
583 discretion, may approve a greater percentage of affordable units or greater affordability
584 requirements for some or all of the affordable units upon request by a city or town as to an
585 individual project in a form as may be designated by the executive office.
586Notwithstanding any special or general law, rule or regulation to the contrary, an adaptive
587 reuse commercial conversion under this section shall comply with the base energy code of the
588 state building code but shall not be required to comply with the specialized stretch energy code
589 or the municipal opt-in specialized stretch energy code established pursuant to section 6 of
590 chapter 25A.
591(2) Notwithstanding sections 5, 8 and 9, a city or town that has adopted zoning pursuant
592 to paragraph (1) of subsection (b) may establish a streamlined process for an applicant seeking
593 commercial conversion of a commercially-zoned lot to submit a single application for approval
594 of a commercial conversion to the board of appeals in lieu of separate applications to the
595 applicable local boards; provided, however, that such process shall include, but not be limited to:
596(i) notification by the board of appeals to each local board, as applicable, of the filing of
597 an application under this paragraph by sending a copy thereof to such local boards for their
598 recommendations on an application; provided, however, that within 30 days of receipt of the
599 application, the board of appeals shall hold a public hearing in conformance with section 11; and
600(ii) the ability of the board of appeals to request representatives of local boards to attend
601 the hearing on an application.
  28 of 95
602Notwithstanding section 7, the board of appeals shall have the same power to issue
603 permits or approvals as any local board or official authorized to act with respect to such
604 application, including, but not limited to, the power to attach to said permit or approval
605 conditions and requirements that are not financially infeasible. The board of appeals, in making a
606 decision on an application, shall take into consideration the recommendations of the local boards
607 and the testimony of any consultants, if applicable. The board of appeals shall render a decision
608 within 60 days of receipt of an application; provided, however, that if a decision is not rendered
609 within such time. unless the time has been extended by mutual agreement between the board of
610 appeals and the applicant, the application shall be deemed to have been allowed and the permit
611 or approval shall issue.
612(c) A city or town that adopts zoning pursuant to this section may provide any of the
613 following local contributions: (i) a tax increment exemption for adaptive reuse pursuant to
614 section 5P of chapter 59; (ii) a preference for commercial conversion projects for assistance
615 under a municipal affordable housing trust fund established pursuant to section 55C of chapter
616 44; (iv) a streamlined approval process pursuant to subparagraph (2) of subsection (b); or (v) any
617 other local contributions as allowed by the executive office.
618(d) The executive office may establish additional incentives for cities and towns that
619 adopt zoning and a local contribution pursuant to this section. Such incentives for cities and
620 towns may include, but shall not be limited to, a preference for financial assistance pursuant to
621 section 271/2 of chapter 23B, a preference for tax credits authorized pursuant to subsection (ee)
622 of section 6 of chapter 62 and section 38OO of chapter 63 and other incentives identified by the
623 executive office in consultation with the executive office of economic development and the
624 executive office for administration and finance.
  29 of 95
625(e) The executive office may, in consultation with the executive office of economic
626 development, promulgate regulations for the implementation and administration of this section.
627(f) Any zoning adopted pursuant to paragraph (1) of subsection (b) may be repealed in
628 accordance with section 5.
629SECTION 45. Section 5 of said chapter 40A, as appearing in the 2024 Official Edition, is
630 hereby amended by inserting after the word “appeals”, in line 6, the following words:- , a mayor.
631SECTION 46. Said section 5 of said chapter 40A, as so appearing, is hereby further
632 amended by striking out, in line 92, the words “or (c) open-space residential development” and
633 inserting in place thereof the following words:- (c) open-space residential development; or (d)
634 commercial conversion pursuant to section 3C.
635SECTION 47. Section 6 of said chapter 40A, as so appearing, is hereby amended by
636 inserting after the word “to”, in line 13, the following words:- a structure used for commercial
637 conversion pursuant to section 3C or.
638SECTION 48. Said section 6 of said chapter 40A, as so appearing, is hereby further
639 amended by striking out, in lines 34 to 38, inclusive, the words “or site plan approval pursuant to
640 the local ordinance or by-law shall conform to any subsequent amendment of the zoning
641 ordinance or by-law or of any other local land use regulations unless the use or construction is
642 commenced within a period of 3 years after the issuance of the special permit or site plan
643 approval” and inserting in place thereof the following words:- , site plan approval pursuant to the
644 local ordinance or by-law or a permit for commercial conversion issued pursuant to section 3C
645 shall conform to any subsequent amendment of the zoning ordinance or by-law or of any other
  30 of 95
646 local land use regulations unless the use or construction is commenced within a period of 3 years
647 after the issuance of the special permit, site plan approval or permit for commercial conversion.
648SECTION 49. Said chapter 40A is hereby further amended by inserting after section 7
649 the following section:–
650Section 7A. (a) As used in this section, the following words shall have the following
651 meanings unless the context clearly requires otherwise:
652“Designated authority”, the local municipal board, committee or officials designated in
653 the zoning ordinance or by-law to conduct site plan review.
654“Performance standards”, reasonable, written municipal zoning regulations, published
655 industry standards and best practices, applicable to site plans and relative to traffic circulation
656 and safety, pedestrian safety and access, off-street parking and loading, emergency vehicle
657 access, stormwater drainage, screening, bulk and height of structures, exterior lighting and
658 storage or other outdoor service areas.
659(b) Substantive provisions of site plan review, including content of submission
660 requirements and applicable performance standards, governing site plan review and approval by
661 the designated authority or authorities shall be as set forth within a local ordinance or by-law
662 adopted pursuant to section 5. Performance standards shall be reasonably definite and objective
663 so that any applicant has knowledge of such standards prior to application submission. No
664 zoning ordinance or by-law may include performance standards governing the aesthetics of
665 structures. The designated authority may, where such action is in the public interest and not
666 inconsistent with the intent and purpose of this section, waive strict compliance with the
667 performance standards for site plan review. The designated authority may adopt, and from time
  31 of 95
668 to time amend, written procedural rules and regulations to implement the local site plan review
669 ordinance or by-law, including provisions for the imposition of reasonable fees for the
670 employment of outside consultants in the same manner as set forth in section 53G of chapter 44.
671(c) A zoning ordinance or by-law may establish applicability standards for projects that
672 are subject to site plan review, which may include a category of projects that are subject to a
673 minor or administrative site plan review process. The zoning ordinance or by-law may require a
674 public hearing in accordance with section 11 for projects that meet or exceed specified thresholds
675 under the zoning ordinance or by-law. The decision of the designated authority for a use allowed
676 as of right, or for a use requiring a special permit but reviewed by a separate designated
677 authority, shall require a simple majority vote of the designated authority and shall be made
678 within the time limits prescribed by ordinance or by-law, not to exceed 90 days from the date of
679 filing of a complete application or such extended time as may be agreed in writing by the
680 petitioner. The submission and review process for a site plan required in connection with the
681 issuance of a special permit, and subject to review by the same permit granting authority as the
682 special permit application, shall be conducted with the review of the special permit application in
683 a coordinated process and may require the same vote required for approval of a special permit.
684 The ordinance or by-law may establish the designated authority to be the building commissioner,
685 director of planning or other municipal official who coordinates administrative site plan review
686 with other municipal employees, in which instance there shall be no vote requirement for site
687 plan review. Any appeal from administrative site plan review shall be in accordance with section
688 17 unless an ordinance or by-law first provides for an appeal to another public body of the
689 municipality. In no instance shall the issuance or denial of a building permit be a prerequisite to
690 filing a civil action under this section.
  32 of 95
691(d) Site plan review may impose only those conditions that are necessary to ensure
692 substantial compliance of the proposed use of land or structures with the requirements of the
693 zoning ordinance or by-law; provided, however, that no condition may impose restrictions
694 greater than those expressly regulated within the zoning ordinance or by-law and no conditions
695 may be imposed regarding matters over which jurisdiction exclusively lies in another body
696 pursuant to any general or special law; and provided further, that any off-site conditions shall
697 only address direct adverse impacts related to performance standards expressly governed by the
698 zoning ordinance or by-law and which conditions are proportionate in both nature and extent to
699 the impacts of the project on adjacent properties or adjacent roadways.
700(e) A site plan application may be denied only on the grounds that the: (i) proposed site
701 plan does not meet the specific requirements set forth in the zoning ordinance or by-law; or (ii)
702 petitioner failed to submit the information and fees required by the zoning ordinance or by-law
703 necessary for an adequate and timely review of the design of the proposed land or structures.
704(f) The designated authority shall cause to be made a detailed record of its proceedings,
705 indicating the vote of each member upon each question, or if a member is absent or fails to vote,
706 indicating such fact, and setting forth clearly the reason for its decision and of its official actions,
707 copies of all of which shall be filed within 14 days in the office of the city or town clerk and
708 shall be deemed a public record, and notice of the decision shall be mailed forthwith to the
709 petitioner and, if such site plan review required a public hearing pursuant to the zoning ordinance
710 or by-law, to the parties in interest designated in section 11. Each such notice shall specify that
711 appeals, if any, shall be made pursuant to section 17 and shall be filed within 20 days after the
712 date of filing of such notice in the office of the city or town clerk. Failure by the designated
713 authority to take final action within 90 days or extended time, if applicable, shall be deemed to
  33 of 95
714 be an approval of the site plan. The petitioner who seeks such approval by reason of the failure
715 of the designated authority to act within such time prescribed, shall notify the city or town clerk,
716 in writing within 14 days from the expiration of said 90 days or extended time, if applicable, of
717 such approval. If site plan review required a public hearing, the petitioner shall send such notice
718 to parties in interest designated in said section 11 by mail and each such notice shall specify that
719 appeals, if any, shall be made pursuant to said section 17 and shall be filed within 20 days after
720 the date the city or town clerk received such written notice from the petitioner that the designated
721 authority failed to act within the time prescribed. After the expiration of 20 days without notice
722 of appeal pursuant to said section 17, or, if appeal has been taken, after receipt of certified
723 records of the court in which such appeal is adjudicated, indicating that such approval has
724 become final, the city or town clerk shall issue a certificate stating the date of approval, the fact
725 that the designated authority failed to take final action and that the approval resulting from such
726 failure has become final, and such certificate shall be forwarded to the petitioner.
727(g) A site plan approval granted under this section shall lapse within a specified period of
728 time, not less than 3 years from the date of the filing of such approval with the city or town clerk,
729 if substantial use or construction has not yet begun, except as extended for good cause by the
730 designated authority; provided, however, that the minimum period of 3 years may be increased to
731 a longer period by ordinance or by-law. Such specified period shall not include time required to
732 pursue or await the determination of an appeal under section 17 or to pursue or await the appeal
733 of any other permit, license, determination or approval that are prerequisites to the issuance of a
734 building permit.
735SECTION 50. Section 14 of said chapter 40A, as appearing in the 2024 Official Edition,
736 is hereby amended by inserting after clause (4) the following clause:- (5) To hear and decide
  34 of 95
737 applications for commercial conversion upon which the board is empowered to act under
738 paragraph (2) of subsection (b) of section 3C.
739SECTION 51. Section 15 of said chapter 40A, as so appearing, is hereby amended by
740 striking out, in lines 36 and 37, the words “The board of appeals shall hold a hearing on any
741 appeal, application or petition within sixty-five” and inserting in place thereof the following
742 words:- Except as provided under clause (i) of paragraph (2) of subsection (b) of section 3C, the
743 board of appeals shall hold a hearing on any appeal, application or petition within 65.
744SECTION 52. The fifth paragraph of said section 15 of said chapter 40A, as so
745 appearing, is hereby amended by striking out the first to seventh sentences, inclusive, and
746 inserting in place thereof the following 7 sentences:-
747All hearings of the board of appeals shall be open to the public and shall be opened
748 within 30 days of any petition or application. Any such hearing shall extend for not more than 60
749 days from the date the hearing is opened. The decision of the board shall be made within 100
750 days after the date of the filing of an appeal, application or petition, except in regard to permits
751 for commercial conversion, as provided for in clause (iv) of paragraph (2) of subsection (b) of
752 section 3C, and special permits, as provided for in section 9. The required time limits for a public
753 hearing and said decision may be extended by written agreement between the applicant and the
754 board of appeals. A copy of such agreement shall be filed in the office of the city or town clerk.
755 Failure by the board to act within the times prescribed or extended time agreed upon, if
756 applicable, shall be deemed to be the granting of the appeal, application or petition. The
757 applicant who seeks such approval by reason of the failure of the board to act within the time
758 prescribed shall notify the city or town clerk, in writing, within 14 days from the expiration of
  35 of 95
759 said period or extended time, if applicable, of such approval and that notice has been sent by the
760 applicant to parties in interest.
761SECTION 53. The fourth paragraph of section 4 of chapter 40G of the General Laws, as
762 so appearing, is hereby amended by striking out clause (8) and inserting in place thereof the
763 following clause:-
764(8) the enterprise will report adequate financial data to the MTDC and provide the MTDC
765 with sufficient control over the management of the enterprise, so as to protect the investment of
766 the MTDC, including, in the discretion of the board, right of access to financial and other records
767 of the enterprise.
768SECTION 54. Said section 4 of said chapter 40G, as so appearing, is hereby further
769 amended by striking out, in line 68, the words “(1) Not more than $1,000,000” and inserting in
770 place thereof the following words:- Not more than $2,000,000.
771SECTION 55. Said section 4 of said chapter 40G, as so appearing, is hereby further
772 amended by striking out, in line 69, the figure “$2,000,000” and inserting in place thereof the
773 following figure:- $4,000,000.
774SECTION 56. The last paragraph of said section 4 of said chapter 40G, as so appearing,
775 is hereby amended by striking out clause (2).
776SECTION 57. Section 6 of said chapter 40G, as so appearing, is hereby amended by
777 striking out, in line 2, the word “ninety,” and inserting in place thereof the following figure:-
778 120.
  36 of 95
779SECTION 58. Said section 6 of said chapter 40G, as so appearing, is hereby further
780 amended by striking out, in lines 5 to 7, inclusive, the words “and the number of persons hired as
781 a result of the activities of the corporation who were recipients of programs provided for in
782 chapter 115, 117A, or 118”.
783SECTION 59. Chapter 40J of the General Laws is hereby further amended by striking out
784 section 3, as so appearing, and inserting in place thereof the following section:-
785Section 3. There is hereby created a body, politic and corporate, to be known as the
786 Massachusetts Technology Park Corporation, hereinafter referred to as the corporation. The
787 corporation is hereby constituted a public instrumentality of the commonwealth, and the exercise
788 by the corporation of the powers conferred in this chapter shall be deemed and held to be an
789 essential governmental function. The corporation is hereby placed in the executive office of
790 economic development but shall not be subject to the supervision or control of said department
791 or of any board, bureau, department or other agency of the commonwealth, except as specifically
792 provided in this chapter.
793The corporation shall be governed, and its corporate powers exercised, by a board of
794 directors, which shall consist of the secretary of economic development or their designee, the
795 secretary of administration and finance or their designee, the commissioner of higher education
796 or their designee and 15 persons to be appointed by the governor, 2 of whom shall be appointed
797 from a list of persons nominated by the president of the senate, 2 of whom shall be appointed
798 from a list of persons nominated by the speaker of the house of representatives, 2 of whom shall
799 be chief executive officers of post-secondary educational institutions or distinguished members
800 of the engineering or scientific faculties of those institutions, or members of other appropriate
  37 of 95
801 faculties, and of those 2, at least 1 shall represent a public post-secondary educational institution
802 and 6 of whom shall represent businesses concerned with any technology that may be subject to
803 this chapter, and 2 of whom shall be recommended by the Massachusetts AFL-CIO. Each
804 director appointed from the list of nominations provided by the president of the senate and the
805 speaker of the house of representatives shall serve a term of 2 years to be coterminous with the
806 legislative session of the general court. All other directors appointed by the governor shall serve
807 for a term of 5 years and thereafter until the director’s successor is appointed. A person
808 appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for
809 the unexpired term of the predecessor director. A director shall be eligible for reappointment. A
810 director may be removed by the governor for cause. Nine directors shall constitute a quorum and
811 the affirmative vote of a majority of the directors present and eligible to vote at a meeting shall
812 be necessary for any action to be taken by the board. The directors shall serve without
813 compensation, but each director shall be entitled to reimbursement for actual and necessary
814 expenses incurred in the performance of official duties. The board shall meet not less than 4
815 times each year and shall have final authority over the activities of the corporation.
816The secretary of economic development or their designee shall serve as chair. The board
817 shall biennially elect from among its members a vice-chair and may designate a treasurer and a
818 secretary, who need not be members of the board. The secretary of the board shall keep a record
819 of the proceedings of the corporation and shall be the custodian of all books, documents and
820 papers filed with the corporation and its official seal. The secretary of the board shall cause
821 copies to be made of all minutes and other records and documents of the corporation and shall
822 certify that such copies are true copies and all persons dealing with the corporation may rely
823 upon such certification. The treasurer of the board shall be the chief financial and accounting
  38 of 95
824 officer of the corporation and shall be in charge of its funds, books of account and accounting
825 records.
826The executive committee of the board shall consist of the chair and the vice-chair and not
827 less than 3 directors elected biennially by the board from among its members, 1 of whom shall be
828 a director representing a post-secondary educational institution and 1 of whom shall be a director
829 from a business. The executive committee shall have all the powers of the board between
830 meetings of the board, to be exercised in accordance with by-laws established by the board. The
831 executive committee shall meet as often as considered necessary by the committee.
832An action required or permitted to be taken at a meeting of the directors may be taken
833 without a meeting if all of the directors consent in writing to such action and such written
834 consent is filed with the records of the minutes of the meetings of the board. Such consent shall
835 be treated for all purposes as a vote at a meeting.
836Chapter 268A shall apply to all directors, officers and employees of the corporation
837 except that the corporation may purchase from, sell to, borrow from, contract with or otherwise
838 deal with an organization in which a director of the corporation is in any way interested or
839 involved; provided, however, that such interest or involvement is disclosed in advance to the
840 directors and recorded in the minutes of the proceedings of the corporation; and provided further,
841 that no director having such an interest or involvement may participate in any decision relating to
842 such organization.
843Neither the corporation nor its officers, directors, agents, employees, consultants or
844 advisors shall be subject to sections 3B of chapter 7, sections 9A, 45, 46 and 52 of chapter 30,
845 chapter 31, or sections 27 and to 27E, inclusive, of chapter 149; provided, however, that in
  39 of 95
846 purchasing products or services, the corporation shall at all times follow generally accepted good
847 business practices.
848All officers and employees of the corporation having access to its cash or negotiable
849 securities shall give bond to the corporation at its expense, in such amount and with such surety
850 as the board may prescribe. The persons required to give bond may be included in at least 1
851 blanket or scheduled bonds.
852Directors and officers who are not regular, compensated employees of the corporation
853 shall not be liable to the commonwealth, the corporation or any other person as a result of their
854 activities, whether ministerial or discretionary, as such directors or officers except for willful
855 dishonesty or intentional violations of law. The board of the corporation may purchase liability
856 insurance for directors, officers and employees and may indemnify said persons against the
857 claims of others.
858SECTION 60. Section 56 of chapter 41 of the General Laws, as so appearing, is hereby
859 amended by striking out the last sentence and inserting in place thereof the following sentence:-
860This section shall not prohibit payment to be made for: (i) school travel prior to the date
861 of travel; (ii) software licenses, software maintenance agreements or online subscription services
862 for school curriculum prior to the fiscal year in which services shall be rendered; or (iii)
863 estimates issued by utilities for make-ready work to facilitate access to utility poles, conduits,
864 ducts or rights-of way related to broadband infrastructure projects.
865SECTION 61. Chapter 59 of the General Laws is hereby amended by inserting after
866 section 5O the following section:-
  40 of 95
867Section 5P. (a) As used in this section, the following words shall have the following
868 meanings unless the context clearly requires otherwise:-
869“Adaptive reuse”, as defined in section 3C of chapter 40A.
870“Zoning”, as defined in section 1A of chapter 40A.
871(b) A city or town that adopts zoning pursuant to section 3C of chapter 40A, may adopt a
872 tax increment exemption for an adaptive reuse project allowed as of right under such zoning. The
873 exemption amount shall be not less than 10 per cent and not more than 100 per cent of the
874 incremental value attributable to the residential portion of an adaptive reuse project allowed as of
875 right under zoning established pursuant to said section 3C of said chapter 40A for a period of not
876 less than 5 years and not more than 20 years. The legislative body of the city or town shall
877 establish the percentage and term of the exemption, subject to the charter of the city or town and
878 the approval of the executive office of housing and livable communities.
879(c) The executive office of housing and livable communities may promulgate regulations
880 for the administration of this section.
881SECTION 62. Section 17 of chapter 61A of the General Laws, as appearing in the 2024
882 Official Edition, is hereby amended by adding the following paragraph:-
883Notwithstanding the previous paragraph, if the portion of land is contiguous land not
884 actively devoted to agricultural or horticultural uses and is so separated to serve as the site of a
885 renewable energy generating source, as defined in subsection (b) of section 11F of chapter 25A,
886 the land so separated shall not be subject to the option to purchase under section 14 and liability
887 for conveyance or roll-back taxes otherwise applicable at such time; provided, however, that
  41 of 95
888 such land so separated shall instead be subject to liability for 50 per cent of such otherwise
889 applicable roll-back taxes, which shall be due and payable at the time it commences serving as
890 the site of a renewable energy generating source. If the use of the land so separated as a
891 renewable energy generating source permanently ceases, or does not commence, and the land so
892 separated is sold for or converted to a use other than agricultural or horticultural, the land so
893 separated shall become subject to the option to purchase and conveyance or roll-back taxes shall
894 be assessed for the balance of the amount that would have been assessed at the time of the
895 separation. The land so separated subject to this paragraph shall not exceed 10 per cent of the
896 land valued, assessed and taxed under this chapter from which it was separated and not greater,
897 in total, than 15 acres of the contiguous portion of such land not actively devoted to agricultural
898 or horticultural uses.
899SECTION 63. Subsection (r) of section 6 of chapter 62 of the General Laws, as so
900 appearing, is hereby amended by striking out paragraph (1) and inserting in place thereof the
901 following paragraph:-
902(1) A taxpayer, to the extent authorized by the life sciences tax incentive program
903 established in section 5 of chapter 23I, may be allowed a refundable jobs credit against the tax
904 liability imposed under this chapter in an amount and schedule determined by the Massachusetts
905 Life Sciences Center in consultation with the department. The credit allowed under this
906 subsection shall be taken only after the taxpayer executes a contract under paragraph (2) of
907 subsection (d) of section 5 of chapter 23I.
  42 of 95
908SECTION 64. Said section 6 of said chapter 62, as so appearing, is hereby further
909 amended by striking out, in line 920, the figure “50” and inserting in place thereof the following
910 figure:- 25.
911SECTION 65. Said subsection (r) of said section 6 of said chapter 62, as so appearing, is
912 hereby further amended by adding the following 2 paragraphs:-
913(5) If the Massachusetts Life Sciences Center makes a determination to revoke a life
914 sciences company pursuant to paragraph (4) of subsection (e) of section 5 of chapter 23I, a
915 portion of the tax credit otherwise allowed by this section and claimed by the taxpayer prior to
916 the date of such determination shall be added back as additional tax due and shall be reported as
917 such on the return of the taxpayer for the taxable period in which such determination is made.
918 The amount of credits subject to recapture shall be proportionate to the life science company’s
919 compliance, as determined by the Massachusetts Life Sciences Center as part of its revocation
920 process and reported to the center and the department at the time certification is revoked.
921(6) Nothing in this subsection shall limit the authority of the commissioner to make an
922 adjustment to a taxpayer’s liability upon audit.
923SECTION 66. Said section 6 of said chapter 62, as so appearing, is hereby further
924 amended by inserting after the word “facility”, in line 1687, the following words:- in the case of
925 an owner and not more than 50 per cent of the owner and tenant’s combined total capital
926 investment in a climatetech facility in the case of a tenant.
927SECTION 67. Said section 6 of said chapter 62, as so appearing, is hereby further
928 amended by striking out, in line 1702, the words “has made a” and inserting in place thereof the
929 following words:- and tenant have made a combined.
  43 of 95
930SECTION 68. Subsection (hh) of said section 6 of said chapter 62, as so appearing, is
931 hereby amended by striking out paragraph (1) and inserting in place thereof the following
932 paragraph:-
933(1) A taxpayer, to the extent authorized by the climatetech tax incentive program
934 established in section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax
935 liability imposed under this chapter in an amount and schedule determined by the Massachusetts
936 clean energy technology center established in section 2 of said chapter 23J, in consultation with
937 the department of revenue. The credit allowed under this section shall be taken only after the
938 taxpayer executes a contract under paragraph (3) of subsection (d) of section 16 of chapter 23J.
939SECTION 69. Said subsection (hh) of said section 6 of said chapter 62, as so appearing,
940 is hereby further amended by adding the following 2 paragraphs:-
941(6) If the Massachusetts clean energy technology center makes a determination to revoke
942 the certification of a climatetech company pursuant to paragraph (2) of subsection (c) of section
943 16 of chapter 23J, a portion of the tax credit otherwise allowed by this section and claimed by the
944 taxpayer prior to the date of such determination shall be added back as additional tax due and
945 shall be reported as such on the return of the taxpayer for the taxable period in which such
946 determination is made. The amount of credits subject to recapture shall be proportionate to the
947 certified climatetech company’s compliance, as determined by the Massachusetts clean energy
948 technology center as part of its revocation process and reported to the center and the department
949 at the time certification is revoked.
950(7) Nothing in this subsection shall limit the authority of the commissioner to make an
951 adjustment to a taxpayer’s liability upon audit.
  44 of 95
952SECTION 70. Section 6J of said chapter 62, as so appearing, is hereby amended by
953 inserting after the word “criteria”, in line 46, the following words:- , and there shall be a
954 preference for projects that are adaptive reuse allowed as-of-right in commercially zoned districts
955 pursuant to section 3C of chapter 40A.
956SECTION 71. Subsection (b) of section 21 of chapter 62C of the General Laws, as so
957 appearing, is hereby amended by adding the following 3 paragraphs:-
958(32) the disclosure to the life sciences center established in section 3 of chapter 23I of
959 return and wage reporting information of a life sciences company certified pursuant to subsection
960 (b) of section 5 of chapter 23I, that is: (i) received by the commissioner pursuant to this chapter
961 or chapter 62E; and (ii) necessary for the administration of the life sciences tax incentive
962 program authorized by subsection (d) of section 5 of chapter 23I.
963(33) the disclosure to the clean energy technology center established in section 2 of
964 chapter 23J of return and wage reporting information of a climatetech company certified
965 pursuant to subsection (b) of section 16 of chapter 23J, that is: (i) received by the commissioner
966 pursuant to this chapter or chapter 62E; and (ii) necessary for the administration of the
967 climatetech tax incentive program authorized by paragraph (1) of subsection (d) of section 16 of
968 chapter 23J.
969(34) the disclosure to the clean energy technology center established in section 2 of
970 chapter 23J of return and wage reporting information of an offshore wind company certified
971 pursuant to subsection (b) of section 8A of chapter 23J, that is: (i) received by the commissioner
972 pursuant to this chapter or chapter 62E; and (ii) necessary for the administration of the offshore
973 wind tax incentive program authorized by subsection (d) of section 8A of chapter 23J.
  45 of 95
974SECTION 72. Section 38R of chapter 63 of the General Laws, as so appearing, is hereby
975 amended by inserting, after the word “criteria”, in line 45, the following words:- and there shall
976 be a preference for projects that are adaptive reuse allowed as-of-right in commercially zoned
977 districts pursuant to section 3C of chapter 40A.
978SECTION 73. Section 38U of said chapter 63, as so appearing, is hereby amended by
979 striking out, in lines 51 and 52, the words “neither credit allowed by section 31A nor section 31H
980 is taken” and inserting in place thereof the following words:- the credit allowed by section 31H is
981 not taken.
982SECTION 74. Section 38CC of said chapter 63, as so appearing, is hereby amended by
983 striking out subsection (a) and inserting in place thereof the following subsection:-
984(a) A taxpayer, to the extent authorized by the life sciences tax incentive program
985 established in section 5 of chapter 23I, may be allowed a refundable jobs credit against the tax
986 liability imposed under this chapter in an amount and schedule determined by the Massachusetts
987 Life Sciences Center in consultation with the department. The credit allowed under this section
988 shall be taken only after the taxpayer executes a contract under paragraph (2) of subsection (d) of
989 section 5 of chapter 23I.
990SECTION 75. Said section 38CC of said chapter 63, as so appearing, is hereby further
991 amended by striking out, in line 7, the figure “50” and inserting in place thereof the following
992 figure:- 25.
993SECTION 76. Subsection (c) of said section 38CC of said chapter 63, as so appearing, is
994 hereby amended by adding the following sentence:- If the taxpayer is subject to a minimum
  46 of 95
995 excise under this chapter, the amount of the credit allowed by this section shall not reduce the
996 excise to an amount less than the minimum excise.
997SECTION 77. Said section 38CC of said chapter 63, as so appearing, is hereby further
998 amended by striking out, in line 20, the figure “$30,000,000” and inserting in place thereof the
999 following figure:- $40,000,000.
1000  SECTION 78. Said section 38CC of said chapter 63, as so appearing, is hereby further
1001   amended by adding the following 2 subsections:-
1002  (e) If the Massachusetts Life Sciences Center makes a determination to revoke the
1003   certification of a life sciences company pursuant to paragraph (4) of subsection (e) of section 5 of
1004   chapter 23I, a portion of the tax credit otherwise allowed by this section and claimed by the
1005   company prior to the date of such determination shall be added back as additional tax due and
1006   shall be reported as such on the return of the taxpayer for the taxable period in which such
1007   determination is made. The amount of credits subject to recapture shall be proportionate to the
1008   company’s compliance, as determined by the Massachusetts Life Sciences Center as part of its
1009   revocation process and reported to the corporation and the department at the time certification is
1010   revoked.
1011  (f) Nothing in this section shall limit the authority of the commissioner of revenue to
1012   make an adjustment to a corporation's liability upon audit.
1013  SECTION 79. Section 38RR of said chapter 63, as so appearing, is hereby amended by
1014   inserting after the word “facility”, in line 29, the following words:- in the case of an owner and
1015   not more than 50 per cent of the owner and tenant’s combined total capital investment in a
1016   climatetech facility in the case of a tenant.
  47 of 95
1017  SECTION 80. Said section 38RR of said chapter 63, as so appearing, is hereby further
1018   amended by striking out, in lines 44 to 45, the words “owner’s total capital investment in the
1019   facility equals” and inserting in place thereof the following words:- owner and tenant have made
1020   a combined total capital investment in the facility that is.
1021  SECTION 81. Section 38TT of said chapter 63, as so appearing, is hereby amended by
1022   striking out subsection (a) and inserting in place thereof the following subsection:-
1023  (a) A taxpayer, to the extent authorized by the climatetech tax incentive program
1024   established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable jobs
1025   credit against the tax liability imposed under this chapter in an amount and schedule determined
1026   by the Massachusetts clean energy technology center established in section 2 of said chapter 23J,
1027   in consultation with the department of revenue. The credit allowed under this section shall be
1028   taken only after the taxpayer executes a contract pursuant to paragraph (3) of subsection (d) of
1029   section 16 of said chapter 23J.
1030  SECTION 82. Said section 38TT of said chapter 63, as so appearing, is hereby further
1031   amended by adding the following 2 subsections:-
1032  (e) If the Massachusetts clean energy technology center makes a determination to revoke
1033   the certification of a climatetech company pursuant to paragraph (2) of subsection (c) of section
1034   16 of chapter 23J, a portion of the tax credit otherwise allowed by this section and claimed by the
1035   taxpayer prior to the date of such determination shall be added back as additional tax due and
1036   shall be reported as such on the return of the taxpayer for the taxable period in which the
1037   determination to revoke the certification is made. The amount of credits subject to recapture shall
1038   be proportionate to the certified climatetech company’s compliance, as determined by the
  48 of 95
1039   Massachusetts clean energy technology center as part of its revocation process and reported to
1040   the corporation and the department at the time certification is revoked.
1041  (f) Nothing in this section shall limit the authority of the commissioner of revenue to
1042   make an adjustment to a corporation's liability upon audit.
1043  SECTION 83. Subsection (qq) of section 6 of chapter 64H of the General Laws, as so
1044   appearing, is hereby amended by striking out the first sentence and inserting in place thereof the
1045   following sentence:- Sales of gas, steam, electricity or heating fuel for use by any business that
1046   has not more than10 employees and that had gross income of not more than $2,000,000 for the
1047   preceding calendar year and that reasonably expects gross income of not more than $2,000,000
1048   for the current calendar year.
1049  SECTION 84. Section 2 of chapter 70B of the General Laws, as so appearing, is hereby
1050   amended by striking out, in lines 46 and 47, the words “and which meet the purposes of
1051   subsection (c) of section 9 of chapter 23J”.
1052  SECTION 85. Section 1 of chapter 90 of the General Laws, as so appearing, is hereby
1053   amended by inserting after the definition of “Class 2 electric bicycle” the following definition:-
1054  “Class 3 electric bicycle”, an electric bicycle or tricycle equipped with a motor that
1055   provides assistance only when the rider is pedaling and that ceases to provide assistance when
1056   the bicycle reaches or exceeds the speed of 28 miles per hour.
1057  SECTION 86. Said section 1 of said chapter 90, as so appearing, is hereby further
1058   amended by inserting after the definition of “Cross-over mirror” the following definition:-
  49 of 95
1059  “Cycle”, a powered or unpowered device with functional human-powered pedals or a
1060   device without human-powered pedals on which a rider is seated during operation, including
1061   bicycles as defined in section 1 of chapter 90E.
1062  SECTION 87. Said section 1 of said chapter 90, as so appearing, is hereby further
1063   amended by striking out, in line 104, the words “or a class 2 electric bicycle” and inserting in
1064   place thereof the following words:- , a class 2 electric bicycle or a class 3 electric bicycle;
1065   provided, however, that “electric bicycle” shall not include a motorized bicycle.
1066  SECTION 88. Said section 1 of said chapter 90, as so appearing, is hereby further
1067   amended by inserting after the definition of “Massachusetts license” the following definition:-
1068  “Micromobility device”, a small, lightweight transportation device intended for personal
1069   use as an alternative to motor vehicles for travel in public access areas, including ways and
1070   bikeways, and as may be further defined by regulations promulgated by the registrar; provided,
1071   however, that a “micromobility device” shall not include a motor vehicle, motorcycle, motorized
1072   bicycle or moped, low speed vehicle, limited use motorcycle or low speed motorcycle.
1073  SECTION 89. Said section 1 of said chapter 90, as so appearing, is hereby further
1074   amended by inserting after the definition of “Mobile telephone” the following definition:-
1075  “Mobility aid device”, a device used by a pedestrian with a mobility disability to assist
1076   with indoor and outdoor locomotion, including an electric personal assistive mobility device
1077   used by a vulnerable user, a group wheelchair, a mobility cart and other such devices.
  50 of 95
1078  SECTION 90. Said section 1 of said chapter 90, as so appearing, is hereby further
1079   amended by striking out the definition of “Motorized bicycle” and inserting in place thereof the
1080   following definition:-
1081  “Motorized bicycle” or “moped”, a pedal bicycle that has a helper motor or a non-pedal
1082   bicycle that: (i) has a motor, with a cylinder capacity not exceeding 50 cubic centimeters or the
1083   hybrid or electric powered equivalent; (ii) has an automatic transmission; and (iii) is capable of a
1084   maximum speed of not more than 30 miles per hour; provided, however, that “motorized
1085   bicycle” shall not include an electric bicycle.
1086  SECTION 91. Said section 1 of said chapter 90, as so appearing, is hereby further
1087   amended by striking out the definition of “Motorized scooter”.
1088  SECTION 92. Said section 1 of said chapter 90, as so appearing, is hereby further
1089   amended by inserting after the definition of “Motor vehicles” the following definition:-
1090  “Nationally recognized testing laboratory”, as defined in 29 C.F.R 1910.7.
1091  SECTION 93. Said section 1 of said chapter 90, as so appearing, is hereby further
1092   amended by inserting after the definition of “Police officer” the following definition:-
1093  “Powered micromobility device”, a micromobility device that has an onboard motor
1094   capable of delivering tractive power to the device as power-assist to human-powered propulsion
1095   or as sole propulsion or throttle; provided, however, that “powered micromobility device” shall
1096   include electric scooters, skateboards, hoverboards and unicycles with onboard motors; and
1097   provided further, that “powered micromobility device” shall not include mobility aid devices.
  51 of 95
1098  SECTION 94. Said section 1 of said chapter 90, as so appearing, is hereby further
1099   amended by inserting after the definition of “School pupil” the following definition:-
1100  “Scooter”, a powered or unpowered device without pedals where the rider can sit or stand
1101   on a footboard for typical operation.
1102  SECTION 95. Said section 1 of said chapter 90, as so appearing, is hereby further
1103   amended by inserting after the definition of “Semi-trailer unit” the following definition:-
1104  “Solely human-powered micromobility device” or “unpowered micromobility device”, a
1105   micromobility device propelled exclusively by human muscular effort that has no onboard motor
1106   capable of delivering tractive power to the device; provided, however, that “solely human
1107   powered micromobility device” shall include, but shall not be limited to, non-electric bicycles,
1108   unpowered scooters, skateboards, longboards, unicycles, roller skates, inline skates and other
1109   such unpowered micromobility devices; and provided further, that “solely human-powered
1110   micromobility device” or “unpowered micromobility device” shall not include mobility aid
1111   devices.
1112  SECTION 96. The first paragraph of section 1B of said chapter 90, as so appearing, is
1113   hereby amended by striking out the last sentence and inserting in place thereof the following 2
1114   sentences:- A motorized bicycle shall not be operated upon any way within the commonwealth
1115   without obtaining an annual registration and sticker or plate bearing a distinctive number, by an
1116   application as prescribed by the registrar. Motorized bicycles shall be excluded from operating
1117   on bike lanes and off-street recreational bicycle paths.
1118  SECTION 97. Said section 1B of said chapter 90, as so appearing, is hereby further
1119   amended by adding the following paragraph:-
  52 of 95
1120  No motorized bicycle shall be registered under this section unless the application is
1121   accompanied by a certificate as defined in section 34A or unless the registrar is otherwise
1122   satisfied that the applicant and motorized bicycle have compulsory liability insurance.
1123  SECTION 98. Section 1C of said chapter 90, as so appearing, is hereby amended by
1124   striking out, in line 1, the words “and motorized scooters”.
1125  SECTION 99. Section 1E of said chapter 90 is hereby repealed.
1126  SECTION 100. Said chapter 90 is hereby further amended by inserting after section 2 the
1127   following section:-
1128  Section 21/2. (a) The registrar of motor vehicles may issue number or registration plates
1129   for motor vehicles or micromobility devices not otherwise defined in section 1; provided,
1130   however, that a motor vehicle or micromobility device shall not be eligible to be registered
1131   pursuant to chapter 90B.
1132  (b) The registrar, in consultation with the division of insurance, may promulgate
1133   regulations, including, but not limited to: (i) definitions for each type of motor vehicle or
1134   micromobility devices not otherwise defined in section 1; (ii) requirements for registration and
1135   operation; (iii) any restrictions for registration and operation; (iv) equipment requirements; (v)
1136   inspection requirements; and (vi) insurance required for such motor vehicles and micromobility
1137   devices.
1138  SECTION 101. Section 2F of said chapter 90, as appearing in the 2024 Official Edition,
1139   is hereby amended by striking out, in line 4, the figure “$100,000” and inserting in place thereof
1140   the following figure:- $50,000.
  53 of 95
1141  SECTION 102. Section 8B of said chapter 90, as so appearing, is hereby amended by
1142   striking out, in line 20, the words “or motorized scooter”.
1143  SECTION 103. Said chapter 90 is hereby further amended by adding the following
1144   section:-
1145  Section 64. (a) For purposes of this section, the following words shall have the following
1146   meanings unless the context clearly requires otherwise:
1147  “Maximum designed speed tier classification system”, the system by which
1148   micromobility devices are categorized according to the maximum speed, measured in miles per
1149   hour, that the manufacturer designed the device to attain on a flat surface in normal conditions by
1150   an average rider.
1151  “Shared use path”, a path intended for transportation or recreational use that is designed
1152   for people of all ages and abilities on foot or using motorized or non-motorized micromobility
1153   devices and is physically separated from motorized vehicle traffic within a highway right-of-way
1154   or an independent right-of-way with few crossflows with motor vehicles.
1155  “Speed tier 0”, all unpowered micromobility devices and powered micromobility devices
1156   with a maximum manufacturer assisted or designed speed, whichever is higher, of not more than
1157   20 miles per hour, including, but not limited to, unpowered micromobility devices, class 1 and
1158   class 2 electric bicycles and mobility aid devices.
1159  “Speed tier 1”, powered micromobility devices with a maximum manufacturer assisted or
1160   designed speed, whichever is higher, of not less than 21 miles per hour and not more than 30
1161   miles per hour, including, but not limited to, class 3 electric bicycles.
  54 of 95
1162  “Speed tier 2”, powered micromobility devices with a maximum manufacturer assisted or
1163   designed speed, whichever is higher, of not less than 31 miles per hour and not more than 40
1164   miles per hour; provided, however, that “speed tier 2” shall not include low speed vehicles,
1165   limited use motorcycles or low speed motorcycles.
1166  “Speed tier 3”, powered micromobility devices with a maximum manufacturer assisted or
1167   designed speed, whichever is higher, greater than 40 miles per hour.
1168  (b) Except as otherwise provided by state or federal law or regulations of the registrar,
1169   powered micromobility devices sold, leased, rented or operated in the commonwealth shall have
1170   a minimum battery rating of UL 2271 or equivalent standard, as certified by a nationally
1171   recognized testing laboratory.
1172  (c) Except as otherwise provided by state or federal law or regulations of the registrar,
1173   powered micromobility devices sold, leased, rented or operated in the commonwealth, except
1174   electric bicycles, shall have a minimum electrical system level rating of UL 2272 or equivalent
1175   standard, as certified by a nationally recognized testing laboratory. Electric bicycles sold, leased,
1176   rented or operated in the commonwealth shall have a minimum electrical system level rating of
1177   UL 2849 or equivalent standard, as certified by a nationally recognized testing laboratory.
1178  (d) Except as otherwise provided by state or federal law or regulations of the registrar,
1179   motorized bicycles or mopeds powered by a lithium-ion battery sold, leased, rented or operated
1180   in the commonwealth shall have a minimum electrical system level rating UL 2850 or equivalent
1181   standard, as certified by a nationally recognized testing laboratory.
1182  (e)(1)(A) Except as otherwise required by state or federal law or regulations of the
1183   registrar, speed tier 0 and speed tier 1 micromobility devices sold, leased, rented or operated in
  55 of 95
1184   the commonwealth shall be equipped with lights, brakes and an audible warning that satisfy the
1185   requirements of section 11B of chapter 85 and federal requirements for bicycle reflectors and
1186   brakes established in 16 C.F.R. 1512.
1187  (B) Except as otherwise required by state or federal law or regulations of the registrar,
1188   speed tier 2 and speed tier 3 micromobility devices sold, leased, rented or operated in the
1189   commonwealth shall be equipped with lights, brakes and a horn that satisfy the requirements for
1190   motor vehicles established in 49 C.F.R. 571.
1191  (2)(A) Except as otherwise provided by state or federal law or regulations of the registrar,
1192   any person 16 years of age or younger operating a speed tier 0 micromobility device, except for a
1193   mobility aid device, or being carried as a passenger on such micromobility device on a public
1194   way, bicycle path or on any other public right-of-way shall wear a helmet. Said helmet shall fit
1195   the person’s head, shall be secured to the person’s head by straps while the micromobility device
1196   is being operated and shall meet the standards for helmets established by the United States
1197   Consumer Product Safety Commission pursuant to 16 C.F.R. 1203. This subparagraph shall not
1198   apply to a passenger if the passenger is in an enclosed trailer or other device which adequately
1199   holds the passenger in place and protects the passenger’s head from impact in a crash.
1200  (B) Except as otherwise provided by state or federal law or regulations of the registrar,
1201   any person operating a speed tier 1, 2 or 3 micromobility device or riding as a passenger on a
1202   micromobility device shall wear protective headgear conforming with such minimum standards
1203   of construction and performance as the registrar may prescribe and no person operating such a
1204   micromobility device shall permit any other person to ride as a passenger on such micromobility
  56 of 95
1205   device unless such passenger is wearing such protective headgear. The registrar may, by
1206   regulation, vary any such requirement by speed tier, device type, or circumstances of operation.
1207  (3) Except as otherwise required by state or federal law or regulations of the registrar, it
1208   shall be unlawful for any person who is not more than 16 years of age to purchase, rent, lease or
1209   operate any micromobility device designated as a speed tier 1, speed tier 2 or speed tier 3
1210   micromobility device; provided, however, that this restriction shall not apply to mobility aid
1211   devices.
1212  (4) Except as otherwise required by state or federal law or regulations of the registrar, it
1213   shall be unlawful for any person who is not more than 14 years of age to purchase, rent, lease or
1214   operate any powered micromobility device, motorized bicycle or moped designated as a speed
1215   tier 0, speed tier 1, speed tier 2 or speed tier 3 micromobility device; provided, however, that this
1216   restriction shall not apply to solely human-powered micromobility devices, unpowered
1217   micromobility devices or mobility aid devices.
1218  (5) It shall be unlawful to operate a micromobility device with more passengers than the
1219   device was designed to accommodate by the manufacturer, except as may be allowed by
1220   regulation.
1221  (6)(A) Except as otherwise provided by state or federal law or regulations of the registrar,
1222   speed tier 0 micromobility devices and the operator of a speed tier 0 micromobility device shall
1223   be afforded all of the rights and privileges and shall be subject to all of the duties of the operator
1224   of a bicycle or duties related to a bicycle set forth in sections 11B and 11B1/2 of chapter 85 or
1225   any other general or special law, regulation or local ordinance.
  57 of 95
1226  (B) Except as otherwise provided by state or federal law or regulations of the registrar,
1227   speed tier 1 micromobility devices and the operator of such speed tier 1 micromobility device
1228   shall be afforded all of the rights and privileges and shall be subject to all of the duties of the
1229   operator of an electric bicycle or duties related to an electric bicycle set forth in section 11B3/4
1230   of chapter 85 or any other general or special law, regulation or local ordinance.
1231  (C) Except as otherwise provided by state or federal law or regulations of the registrar, it
1232   shall be unlawful for any speed tier 2 or speed tier 3 micromobility devices to travel on
1233   sidewalks, bike lanes, bike paths, bike routes, separated micromobility lanes or shared use paths.
1234  (f) It shall be unlawful to make any aftermarket modifications to a micromobility device,
1235   including aftermarket modifications made to the device’s battery, to increase either the
1236   manufacturer-designed: (i) speed, range or propulsion power of a micromobility device; or (ii)
1237   passenger capacity of a micromobility device, except as may be allowed by regulation.
1238  (g) No micromobility device shall be sold, rented, leased or operated in the
1239   commonwealth if it does not satisfy the requirements of this section for the device’s respective
1240   speed tier based on the device’s maximum manufacturer assisted or designed speed, whichever is
1241   higher.
1242  (h) Micromobility devices shall be subject to any speed limits and speed restrictions for
1243   motor vehicles established by: (i) municipalities or the division of highways of the
1244   Massachusetts Department of Transportation pursuant to sections 17 and 18; (ii) regulations of
1245   the department under chapter 90E; or (iii) rules or regulations of the department of conservation.
1246   Violation of such speed limits and speed restrictions shall be subject to all civil and criminal
1247   fines applicable to the operation of a motor vehicle in violation of such speed limits and
  58 of 95
1248   restrictions. Micromobility devices shall be subject to all civil and criminal fines and penalties
1249   applicable to the operation of a motor vehicle under sections 24 to 24R, inclusive, 24V and 25;
1250   provided, however, that administrative penalties shall not apply, unless provided by regulations
1251   of the registrar. No micromobility device shall be subject to insurance requirements relative to
1252   said sections unless so provided by regulations promulgated by the registrar.
1253  (i) The registrar, in consultation with the division of insurance, may promulgate
1254   regulations establishing registration, licensure, insurance, fines and other requirements for
1255   micromobility devices necessary to promote public and roadway safety.
1256  SECTION 104. Chapter 90E of the General Laws is hereby amended by striking out
1257   section 1, as appearing in the 2024 Official Edition, and inserting in place thereof the following
1258   section:-
1259  Section 1. For the purposes of this chapter, the following words shall have the following
1260   meanings unless the context clearly requires otherwise:
1261  “Bicycle”, a 2-wheel nonmotor-powered vehicle.
1262  “Bicycle parking facility”, any facility for the temporary storage of bicycles or
1263   micromobility devices that allows the frame and the wheels of the bicycle or micromobility
1264   device to be locked so as to minimize the risk of theft and vandalism.
1265  “Bike lane”, a lane on a street restricted to bicycles and speed tier 0 or speed tier 1
1266   micromobility devices as defined in section 64 of chapter 90 and so designated by means of
1267   painted lines, pavement coloring or other appropriate markings; provided, however, that
1268   motorized bicycles shall not be permitted to use bike lanes.
  59 of 95
1269  “Bike path”, a route for the exclusive use of bicycles and speed tier 0 or speed tier 1
1270   micromobility devices, separated by grade or other physical barrier from motor traffic; provided,
1271   however, that motorized bicycles shall not be permitted to use bike paths.
1272  “Bike route”, a roadway shared by bicycles, micromobility devices and other forms of
1273   transportation designated by the means of signs or pavement markings.
1274  “Bikeway”, bike paths, bike lanes and bike routes.
1275  “Commissioner”, the administrator for highways.
1276  “Department”, the division of highways.
1277  “Shared use path”, a path intended for transportation or recreational use that is designed
1278   for people of all ages and abilities on foot or using motorized or non-motorized micromobility
1279   devices and is physically separated from motorized vehicle traffic within a highway right-of-way
1280   or an independent right-of-way with few crossflows with motor vehicles.
1281  SECTION 105. Section 2 of said chapter 90E, as so appearing, is hereby amended by
1282   adding the following paragraph:-
1283  The maximum speed for micromobility devices, as defined in section 1 of chapter 90, on
1284   shared use paths shall be 20 miles per hour, unless decided otherwise by the municipality in
1285   which the shared use path is located. Nothing in this paragraph shall be construed as prohibiting
1286   or limiting a municipality from setting a maximum speed for a shared use path located within its
1287   boundaries.
1288  SECTION 106. The General Laws are hereby amended by inserting after chapter 93L the
1289   following chapter:-
  60 of 95
1290  CHAPTER 93M.
1291  Transparency in Frontier Artificial Intelligence Act
1292  Section 1. As used in this chapter, the following words shall have the following meanings
1293   unless the context clearly requires otherwise:
1294  “Affiliate”, a person controlling, controlled by or under common control with a specified
1295   person, directly or indirectly, through 1 or more intermediaries.
1296  “Artificial intelligence model”, an engineered or machine-based system that varies in its
1297   level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives
1298   how to generate outputs that can influence physical or virtual environments.
1299  “Catastrophic risk”, a foreseeable and material risk that a frontier developer’s
1300   development, storage, use or deployment of a frontier model will materially contribute to the
1301   death of, or serious injury to, not less than 50 people or not less than $1,000,000,000 in damage
1302   to, or loss of, property arising from a single incident involving a frontier model that: (i) provides
1303   expert-level assistance in the creation or release of a chemical, biological, radiological or nuclear
1304   weapon; (ii) engages in conduct with no meaningful human oversight, intervention or
1305   supervision that is either a cyberattack or, if the conduct had been committed by a human, would
1306   constitute the crime of murder, assault, extortion or theft, including theft by false pretense; or
1307   (iii) evades the control of its frontier developer or user; provided, however, that “catastrophic
1308   risk” shall not include a foreseeable and material risk from: (A) information that a frontier model
1309   outputs if the information is otherwise publicly accessible in a substantially similar form from a
1310   source other than a foundation model; (B) lawful activity of the federal government; or (C) harm
  61 of 95
1311   caused by a frontier model in combination with other software if the frontier model did not
1312   materially contribute to the harm.
1313  “Critical safety incident”, any: (i) unauthorized access to, modification of, inadvertent
1314   release of or exfiltration of, the model weights of a frontier model; (ii) harm resulting from the
1315   materialization of a catastrophic risk; (iii) loss of control of a frontier model that causes death or
1316   bodily injury or that demonstrates materially increased catastrophic risk; or (iv) instance where a
1317   frontier model that uses deceptive techniques against the frontier developer to subvert the
1318   controls or monitoring of its frontier developer outside of the context of an evaluation designed
1319   to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk.
1320  “Deploy”, to make a frontier model available to a third party for use, modification,
1321   copying or combination with other software; provided, however, that “deploy” shall not include
1322   making a frontier model available to a third party for the primary purpose of developing or
1323   evaluating the frontier model.
1324  “Foundation model”, an artificial intelligence model that is: (i) trained on a broad data
1325   set; (ii) designed for generality of output; and (iii) adaptable to a wide range of distinctive tasks.
1326  “Frontier AI framework”, documented technical and organizational protocols to manage,
1327   assess and mitigate catastrophic risks.
1328  “Frontier developer”, a person who has trained, or initiated the training of, a frontier
1329   model for which the person has used, or intends to use, at least as much computing power to train
1330   the frontier model as would meet the technical specifications of a frontier model.
  62 of 95
1331  “Frontier model”, a foundation model that has been trained using a quantity of computing
1332   power greater than 10^26 integer or floating-point operations; provided, however, that the
1333   quantity of computing power shall include computing for the original training run and for any
1334   subsequent fine-tuning, reinforcement learning or other material modifications the developer
1335   applies to a preceding foundation model.
1336  “Large frontier developer”, a frontier developer that together with its affiliates
1337   collectively has annual gross revenues greater than $500,000,000.
1338  “Model weight”, a numerical parameter in a frontier model that is adjusted through
1339   training and that helps determine how inputs are transformed into outputs.
1340  “Property”, tangible or intangible property.
1341  Section 2. (a) A large frontier developer shall write, implement, comply with and clearly
1342   and conspicuously publish on its internet website a frontier AI framework that applies to the
1343   large frontier developer’s frontier models and describes in detail how the large frontier developer
1344   handles:
1345  (i) incorporating national standards, international standards and industry-consensus best
1346   practices into its frontier AI framework;
1347  (ii) defining and assessing thresholds used by the large frontier developer to identify and
1348   assess whether a frontier model has capabilities that could pose a catastrophic risk, which may
1349   include multiple-tiered thresholds;
1350  (iii) applying mitigations to address the potential for catastrophic risks based on the
1351   results of assessments undertaken pursuant to clause (ii);
  63 of 95
1352  (iv) assessing the ability of the large frontier developer’s frontier models to automate
1353   artificial intelligence research and development and any increased potential for catastrophic risks
1354   or challengers to risk monitoring, assessment or mitigation resulting from such ability;
1355  (v) reviewing assessments and adequacy of mitigations as part of the decision to deploy a
1356   frontier model or use it extensively internally;
1357  (vi) using third parties to assess the potential for catastrophic risks and the effectiveness
1358   of mitigations of catastrophic risks;
1359  (vii) revisiting and updating the frontier AI framework, including any criteria that trigger
1360   updates and how the large frontier developer determines when its frontier models are
1361   substantially modified enough to require disclosures required in subsection (c);
1362  (viii) cybersecurity practices to secure unreleased model weights from unauthorized
1363   modification or transfer by internal or external parties;
1364  (ix) identifying and responding to critical safety incidents;
1365  (x) instituting internal governance practices to ensure implementation of these processes;
1366   and
1367  (xi) assessing and managing catastrophic risk resulting from the internal use of its frontier
1368   models, including risks resulting from a frontier model circumventing oversight mechanisms.
1369  (b) A large frontier developer shall review and, as appropriate, update its frontier AI
1370   framework not less than annually; provided, however, that if a large frontier developer makes a
1371   material modification to its frontier AI framework, the developer shall clearly and conspicuously
  64 of 95
1372   publish the modified frontier AI framework and a justification for such modification not less than
1373   30 days after such modification.
1374  (c)(1) Before, or concurrently with, deploying a new frontier model or a substantially
1375   modified version of an existing frontier model, a frontier developer shall clearly and
1376   conspicuously publish on its website a transparency report containing: (i) the website address of
1377   the frontier developer; (ii) a mechanism that enables a natural person to communicate with the
1378   frontier developer; (iii) the release date of the frontier model; (iv) the languages supported by the
1379   frontier model; (v) the modalities of output supported by the frontier model; (vi) the intended
1380   uses of the frontier model; and (vii) any generally applicable restrictions or conditions on uses of
1381   the frontier model.
1382  (2) Before, or concurrently with, deploying a new frontier model or a substantially
1383   modified version of an existing frontier model, a large frontier developer shall include in the
1384   transparency report required by paragraph (1) summaries of: (i) assessments of catastrophic risks
1385   from the frontier model conducted pursuant to the large frontier developer’s frontier AI
1386   framework; (ii) the results of such assessments; (iii) the extent to which third-party evaluators
1387   were involved; and (iv) any other steps taken to fulfill the requirements of the frontier AI
1388   framework with respect to the frontier model.
1389  (3) A frontier developer that publishes the information described in paragraph (1) or (2)
1390   as part of a larger document, including a system card or model card, shall have satisfied the
1391   requirements of the applicable paragraph.
1392  (4) A frontier developer may make disclosures described in this subsection that are
1393   consistent with, or superior to, industry best practices.
  65 of 95
1394  (d) A large frontier developer shall transmit to the attorney general a summary of any
1395   assessment of catastrophic risk resulting from internal use of its frontier models every 3 months
1396   or pursuant to another reasonable schedule as agreed to by the attorney general and large frontier
1397   developer.
1398  (e)(1) A frontier developer shall not make a materially false or misleading statement
1399   about catastrophic risk from its frontier models or its management of catastrophic risk.
1400  (2) A large frontier developer shall not make a materially false or misleading statement
1401   about its implementation of, or compliance with, its frontier AI framework.
1402  (3) This subsection shall not apply to a statement that was made in good faith and was
1403   reasonable under the circumstances.
1404  (f)(1) Upon publishing documents to comply with this section, the frontier developer may
1405   make redactions to those documents that are necessary to protect the frontier developer’s trade
1406   secrets, the frontier developer’s cybersecurity, public safety, or the national security of the
1407   United States or to comply with any federal or state law.
1408  (2) If a frontier developer redacts information in a document pursuant to this subsection,
1409   the frontier developer shall describe the character and justification of the redaction in any
1410   published version of the document to the extent permitted by the concerns that justify redaction
1411   and shall retain the unredacted information for 5 years.
1412  Section 3. (a) The attorney general shall establish a mechanism to be used by a frontier
1413   developer or a member of the public to report a critical safety incident that includes: (i) the date
1414   of the critical safety incident; (ii) the reasons the incident qualifies as a critical safety incident;
  66 of 95
1415   (iii) a short and plain statement describing the critical safety incident; and (iv) whether the
1416   incident was associated with internal use of a frontier model.
1417  (b)(1) The attorney general shall establish a mechanism to be used by a large frontier
1418   developer to confidentially submit summaries of any assessments of the potential for catastrophic
1419   risk resulting from internal use of its frontier models.
1420  (2) The attorney general shall take all reasonable precautions to limit access to any
1421   reports related to internal use of frontier models to personnel authorized to access the
1422   information, in the attorney general’s discretion, and to protect the reports from unauthorized
1423   access.
1424  (c)(1) A frontier developer shall report any critical safety incident pertaining to 1 or more
1425   of its frontier models to the attorney general within 15 days of discovering the critical safety
1426   incident; provided, however, that if a frontier developer discovers that a critical safety incident
1427   poses an imminent risk of death or serious physical injury, the frontier developer shall disclose
1428   that incident within 24 hours to an authority, including any law enforcement agency or public
1429   safety agency with jurisdiction, that is appropriate based on the nature of that incident and as
1430   required by law.
1431  (2) A frontier developer that discovers information about a critical safety incident after
1432   filing the initial report required by this subdivision may file an amended report at any time.
1433  (3) A frontier developer may report critical safety incidents pertaining to foundation
1434   models that are not frontier models.
  67 of 95
1435  (d) The attorney general shall review critical safety incident reports submitted by frontier
1436   developers and may review reports submitted by members of the public.
1437  (e)(1) The attorney general may transmit reports of critical safety incidents, summaries of
1438   any assessments of catastrophic risk from internal use of frontier models and reports from
1439   covered employees to the general court, the governor or appropriate federal or state agencies.
1440  (2) The attorney general may consider any risks related to trade secrets, public safety,
1441   cybersecurity of a frontier developer, or national security when transmitting reports.
1442  (f) A report of a critical safety incident submitted to the attorney general pursuant to this
1443   section, a report of assessments of catastrophic risk from internal use and a covered employee
1444   report shall be exempt from clause Twenty-sixth of section 7 of chapter 4 and chapter 66.
1445  (g)(1) Annually, the attorney general shall produce a report with anonymized and
1446   aggregated information about critical safety incidents that have been reviewed by the attorney
1447   general since the preceding report.
1448  (2) The attorney general shall not include information in a report pursuant to this
1449   subsection that would compromise the trade secrets or cybersecurity of a frontier developer,
1450   public safety or the national security of the United States or that would be prohibited from
1451   disclosure by any federal or state law.
1452  (3) The attorney general shall submit the report to the clerks of the senate and house of
1453   representatives and to the governor.
1454  (h) For the purposes of subsection (i), the attorney general shall promulgate regulations
1455   designating federal laws, regulations or guidance documents that:
  68 of 95
1456  (i) impose or state standards or requirements for critical safety incident reporting that are
1457   substantially equivalent to, or stricter than, those required by this section; provided, however,
1458   that such law, regulation or guidance shall not need to require critical safety incident reporting to
1459   the commonwealth; and (ii) is intended to assess, detect or mitigate the catastrophic risk.
1460  (i) (1) A frontier developer that intends to comply with this section by complying with
1461   the requirements of, or meeting the standards stated by, a federal law, regulation, or guidance
1462   document designated pursuant to subsection (h) shall declare its intent to do so to the attorney
1463   general.
1464  (2) After a frontier developer has declared its intent pursuant to paragraph (1), the frontier
1465   developer shall be deemed in compliance with this section to the extent that the frontier
1466   developer meets the standards of, or complies with the requirements imposed or stated by, the
1467   federal law, regulation, or guidance document designated pursuant to subsection (h) until the
1468   frontier developer declares the revocation of that intent to the attorney general or the attorney
1469   general revokes an applicable regulation pursuant to subdivision (j); provided, however, that
1470   failure by a frontier developer to meet the standards of, or comply with the requirements stated
1471   by, the federal law, regulation or guidance document designated pursuant to subsection (h) shall
1472   constitute a violation of this chapter.
1473  (j) The attorney general shall revoke a regulation adopted under subdivision (h) if the
1474   requirements of said subdivision (h) are no longer met by the designated federal law, regulation
1475   or guidance document.
1476  Section 4. (a) Annually, the attorney general shall assess recent evidence and
1477   developments relevant to the purposes of this chapter and shall make recommendations about
  69 of 95
1478   whether and how to update any of the following definitions for the purposes of this chapter to
1479   ensure that they accurately reflect technological developments, scientific literature, and widely
1480   accepted national and international standards:
1481  (i) “Frontier model” so that it applies to foundation models at the frontier of artificial
1482   intelligence development.
1483  (ii) “Frontier developer” so that it applies to developers of frontier models who are
1484   themselves at the frontier of artificial intelligence development; and
1485  (iii) “Large frontier developer” so that it applies to well-resourced frontier developers.
1486  (b) In making recommendations pursuant to this section, the attorney general shall take
1487   into account:
1488  (i) similar thresholds used in international standards or federal law, guidance or
1489   regulations for the management of catastrophic risk;
1490  (ii) input from stakeholders, including academics, industry, the open-source community
1491   and governmental entities;
1492  (iii) the extent to which a person will be able to determine, before beginning to train or
1493   deploy a foundation model, whether that person will be subject to the definition as a frontier
1494   developer or as a large frontier developer with an aim toward allowing earlier determinations if
1495   feasible;
1496  (iv) the complexity of determining whether a person or foundation model is covered, with
1497   an aim toward allowing simpler determinations if feasible; and
  70 of 95
1498  (v) the external verifiability of determining whether a person or foundation model is
1499   covered, with an aim toward definitions that are verifiable by parties other than the frontier
1500   developer; provided, however that the attorney general shall recommend alignment with a
1501   definition adopted in a federal law or regulation to the extent that it is consistent with the
1502   purposes of this chapter.
1503  (c) The attorney general shall submit a report with the recommendations and information
1504   compiled pursuant to subsection (a) to the clerks of the senate and house of representatives.
1505  (d) Annually, the attorney general shall produce a report with anonymized and
1506   aggregated information about reports from covered employees that have been reviewed by the
1507   attorney general since the preceding report. The attorney general shall not include information in
1508   a report pursuant to this subdivision that would compromise the trade secrets or cybersecurity of
1509   a frontier developer, confidentiality of a covered employee, public safety, or the national security
1510   of the United States or that would be prohibited by any federal or state law. The attorney general
1511   shall submit the report to the clerks of the senate and house of representatives and to the
1512   governor.
1513  Section 5. (a) A large frontier developer that fails to publish or transmit a compliant
1514   document required to be published or transmitted under this chapter, makes a statement in
1515   violation of this chapter, fails to report an incident as required by this chapter, or fails to comply
1516   with its own frontier AI framework shall be subject to a civil penalty of not more than
1517   $1,000,000 for a first violation and not more than $3,000,000 for subsequent violations.
1518  (b) A civil penalty described in this section may only be recovered in a civil action
1519   brought by the attorney general.
  71 of 95
1520  Section 6. The loss of value of equity shall not constitute damage to or loss of property
1521   for the purposes of this chapter.
1522  Section 7. (a) A frontier developer shall not make, adopt, enforce, or enter into a rule,
1523   regulation, policy or contract that prevents a covered employee from disclosing or retaliates
1524   against a covered employee for disclosing, information to the attorney general, a federal
1525   authority, a person with authority over the covered employee or another covered employee who
1526   has authority to investigate, discover or correct the reported issue, if the covered employee has
1527   reasonable cause to believe that the information discloses either: (i) the frontier developer’s
1528   activities pose a specific and substantial danger to the public health or safety resulting from a
1529   catastrophic risk; or (ii) the frontier developer has violated this chapter.
1530  (b) A frontier developer shall not enter into a contract that prevents a covered employee
1531   from making a disclosure protected under this chapter.
1532  (c) A frontier developer shall provide a clear notice to all covered employees of their
1533   rights and responsibilities under this section, which may include but shall not be limited to: (i)
1534   permanently posting and displaying within any workplace maintained by the frontier developer a
1535   notice to all covered employees of their rights under this section, ensuring that any new covered
1536   employee receives equivalent notice and ensuring that any covered employee who works
1537   remotely periodically receives an equivalent notice; or (ii) at least once each year, providing
1538   written notice to each covered employee of the covered employee’s rights under this section and
1539   ensuring that the notice is received and acknowledged by all of those covered employees.
1540  (d)(1) A large frontier developer shall provide a reasonable internal process through
1541   which a covered employee may anonymously disclose information to the large frontier developer
  72 of 95
1542   if the covered employee believes in good faith that the information indicates that the large
1543   frontier developer’s activities present a specific and substantial danger to the public health or
1544   safety resulting from a catastrophic risk or that the large frontier developer violated this chapter,
1545   which shall include a monthly update to a person who makes a disclosure under this chapter on
1546   the status of the large frontier developer’s investigation of such disclosure and the actions taken
1547   by the large frontier developer in response to such disclosure.
1548  (2) Except as provided in paragraph (B), the disclosures and responses of the process
1549   required by this subsection shall be shared with officers and directors of the large frontier
1550   developer at least once each quarter; provided, however, that if a covered employee has alleged
1551   wrongdoing by an officer or director of the large frontier developer in a disclosure or response,
1552   this paragraph shall not apply with respect to that officer or director.
1553  (e) The court may award reasonable attorney’s fees to a plaintiff who brings a successful
1554   action for a violation of this section.
1555  (f) In a civil action brought pursuant to this section, once it has been demonstrated by a
1556   preponderance of the evidence that an activity proscribed by this section was a contributing
1557   factor in the alleged prohibited or adverse action against the covered employee, the frontier
1558   developer shall have the burden of proof to demonstrate by clear and convincing evidence that
1559   the alleged prohibited or adverse action would have occurred for legitimate, independent reasons
1560   even if the covered employee had not engaged in activities protected by this section.
1561  (g)(1) In a civil action or administrative proceeding brought pursuant to this section, a
1562   covered employee may petition the superior court in any county wherein the violation in question
  73 of 95
1563   is alleged to have occurred, or wherein the person resides or transacts business, for appropriate
1564   temporary or preliminary injunctive relief.
1565  (2) Upon the filing of the petition for injunctive relief, the petitioner shall cause notice
1566   thereof to be served upon the person, and thereupon the court shall have jurisdiction to grant
1567   temporary injunctive relief as the court deems just and proper.
1568  (3) In addition to any harm resulting directly from a violation of this section, the court
1569   shall consider the chilling effect on other covered employees asserting their rights under this
1570   section in determining whether temporary injunctive relief is just and proper.
1571  (4) Appropriate injunctive relief shall be issued on a showing that reasonable cause exists
1572   to believe a violation has occurred.
1573  (5) An order authorizing temporary injunctive relief shall remain in effect until an
1574   administrative or judicial determination or citation has been issued, or until the completion of a
1575   review pursuant to this section, whichever is longer, or at a certain time set by the court.
1576   Thereafter, a preliminary or permanent injunction may be issued if it is shown to be just and
1577   proper. Any temporary injunctive relief shall not prohibit a frontier developer from disciplining
1578   or terminating a covered employee for conduct that is unrelated to the claim of the retaliation.
1579  (h) Notwithstanding Massachusetts Rules of Civil Procedure, injunctive relief granted
1580   pursuant to this section shall not be stayed pending appeal.
1581  (j)(1) This section shall not impair or limit the applicability of any other applicable law.
1582  (2) The remedies provided by this section shall be cumulative to each other and the
1583   remedies or penalties available under all other general laws.
  74 of 95
1584  Section 8. The attorney general may promulgate, amend or rescind regulations for the
1585   implementation, administration and enforcement of this chapter.
1586  SECTION 107. Chapter 111 of the General Laws is hereby amended by adding the
1587   following section:-
1588  Section 250. The commissioner of public health shall promulgate regulations for the
1589   annual health inspection of food trucks. The commissioner shall prescribe rules and regulations
1590   relative to inspection schedules, documentation of inspections, standards for acceptable
1591   cleanliness and the costs of such inspections.
1592  SECTION 108. Section 75 of chapter 112 of the General Laws, as appearing in the 2024
1593   Official Edition, is hereby amended by adding the following paragraph:-
1594  Notwithstanding any general or special law to the contrary, the board, upon the
1595   recommendation of the executive director or their designee, shall waive any requirement to
1596   complete an exam exclusively verifying proficiency in English if the applicant: (i) previously
1597   passed an English proficiency examination at any time; (ii) has obtained one or more nursing
1598   degrees in the United States, if the applicant was originally trained outside of the United States;
1599   or (iii) demonstrates English proficiency through another method deemed acceptable by the
1600   board. Nothing in this paragraph shall be construed to impede the board's authority to establish
1601   or conduct examinations which test the applicant's fitness to practice or to promulgate rules,
1602   regulations or guidelines pursuant to section 79. The board may not waive requirements for an
1603   exam verifying proficiency in English for applicants seeking licensure via the nurse licensure
1604   compact under chapter 112A.
  75 of 95
1605  SECTION 109. Section 222 of said chapter 112, as so appearing, is hereby amended
1606   by adding the following subsection:-
1607  (e) Notwithstanding clauses (iii) and (iv) of subsection (d), an applicant shall be eligible
1608   for licensure as a home inspector without meeting the requirements of said clause (iii) or said
1609   clause (iv) of said subsection (d) if the applicant: (i) is a professional engineer licensed pursuant
1610   to sections 81D to 81T, inclusive; and (ii) has performed not less than 50 home inspections under
1611   the supervision of a licensed home inspector.
1612  SECTION 110. Section 3 of chapter 121C of the General Laws, as so appearing, is
1613   hereby amended by striking out, in line 55, the word “MOBD” and inserting in place thereof the
1614   following words:- the secretary.
1615  SECTION 111. Section 4 of said chapter 121C, as so appearing, is hereby amended by
1616   striking out, in line 9, the words “, MOBD and to the director,” and inserting in place thereof the
1617   following words:- and secretary.
1618  SECTION 112. Section 5 of said chapter 121C, as so appearing, is hereby amended by
1619   striking out, in line 21, the words “MOBD and” and inserting in place thereof the following
1620   word:- the.
1621  SECTION 113. Said section 5 of said chapter 121C, as so appearing, is hereby further
1622   amended by striking out, in lines 67 and 68, the words “MOBD and the director” and inserting in
1623   place thereof the following words:- the secretary.
  76 of 95
1624  SECTION 114. Said section 5 of said chapter 121C, as so appearing, is hereby further
1625   amended by striking out, in lines 81 and 82, the words “MOBD and director” and inserting in
1626   place thereof the following words:- the secretary.
1627  SECTION 115. Section 6 of said chapter 121C, as so appearing, is hereby amended by
1628   striking out, in line 28, the words “MOBD and director” and inserting in place thereof the
1629   following words:- the secretary.
1630  SECTION 116. Said section 6 of said chapter 121C, as so appearing, is hereby further
1631   amended by striking out, in lines 44 and 45, the words “department of housing and community
1632   development” and inserting in place thereof the following words:- secretary.
1633  SECTION 117. Section 10 of said chapter 121C, as so appearing, is hereby amended by
1634   striking out, in line 5, the words “MOBD and the director” and inserting in place thereof the
1635   following words:- the secretary.
1636  SECTION 118. Section 12 of chapter 138 of the General Laws, as so appearing, is hereby
1637   amended by striking out, in lines 119 to 121, inclusive, the words “and irrespective of any
1638   limitation of number of licenses contained in section seventeen”.
1639  SECTION 119. Said section 12 of said chapter 138, as so appearing, is hereby further
1640   amended by adding the following 4 paragraphs:-
1641  A new license issued pursuant to this section in response to an application filed on or
1642   after January 1, 2027, pursuant to the municipal plan as required by section 17, shall be non-
1643   transferable and no licensing authority shall approve the transfer of such license.
  77 of 95
1644  If a license issued pursuant to this section is cancelled, revoked or no longer in use by the
1645   license holder, the license shall be returned physically, with all of the legal rights, privileges and
1646   restrictions pertaining thereto, to the licensing authority.
1647  If a license holder closes or terminates the license holder’s business or sells or transfers
1648   the license holder’s business, the license holder shall return the license physically, with all of the
1649   legal rights, privileges and restrictions pertaining thereto, to the licensing authority.
1650  SECTION 120. The first paragraph of section 14 of said chapter 138, as so appearing, is
1651   hereby amended by striking out the first sentence and inserting in place thereof the following
1652   sentence:- Special licenses for the sale of all alcoholic beverages or wine and malt beverages
1653   only may be issued, as determined by the municipality, by the local licensing authorities to the
1654   responsible manager of any indoor or outdoor activity or enterprise or to the responsible manager
1655   of any nonprofit organization conducting any indoor or outdoor activity or enterprise.
1656  SECTION 121. Section 16A of said chapter 138, as so appearing, is hereby amended by
1657   striking out, in line 12, the word “so” and inserting in place thereof the following words:- as
1658   determined by a municipality to be.
1659  SECTION 122. Said section 16A of said chapter 138, as so appearing, is hereby further
1660   amended by striking out, in lines 15 and 16, the words “, to the extent that the same are issuable
1661   under section seventeen”.
1662  SECTION 123. Said section 16A of said chapter 138, as so appearing, is hereby further
1663   amended by striking out, in line 19, the words “for the purposes of section seventeen”.
  78 of 95
1664  SECTION 124. Section 17 of said chapter 138, as so appearing, is hereby amended by
1665   striking out the first 8 paragraphs and inserting in place thereof the following 3 paragraphs:-
1666  A city or town shall determine the number of all alcoholic beverage or wines and malt
1667   beverage licenses to be issued by its local licensing authority under sections 12, 14 and 15F,
1668   including the number of seasonal licenses; provided, however, that for licenses issued under
1669   section 15, cities and towns may grant 1 such license for each population unit of 5,000 or any
1670   additional fraction thereof but may, regardless of population, grant at least 2 licenses under said
1671   section 15; provided further, that nothing in this section shall limit the city of Boston from
1672   granting at least 250 licenses for the sale of all alcoholic beverages under said section 15.
1673  A city or town shall adopt and may amend a plan that is approved by the mayor and city
1674   council or select board, which shall determine the process for granting additional licenses;
1675   provided, however, that prior to adopting or amending the plan: (i) at least 1 public hearing
1676   regarding the plan shall be conducted by the city council, select board or legislative body of the
1677   city or town; and (ii) the city or town shall notify the alcoholic beverages control commission of
1678   the public hearing.
1679  The mayor and city council or select board of a city or town shall hold a public hearing
1680   regarding a license application within 30 days of the date the application is filed.
1681  SECTION 125. Sections 17A to 17C, inclusive, of said chapter 138 are hereby repealed.
1682  SECTION 126. Section 29 of said chapter 138, as appearing in the 2024 Official Edition,
1683   is hereby amended by striking out, in lines 22 to 24, inclusive, the words “; but a license issued
1684   to a registered pharmacist under said section shall be included in computing the number of
1685   licenses that may be granted in any city or town as provided in section seventeen”.
  79 of 95
1686  SECTION 127. Section 185A of chapter 140 of the General Laws, as so appearing, is
1687   hereby amended by striking out subsection (a) and inserting in place thereof the following 2
1688   subsections:-
1689  (a) For the purposes of this section and sections 185B to 185G, inclusive, the following
1690   term shall have the following meaning unless the context clearly requires otherwise:-
1691  “Live event”, a musical performance, sporting event, theatrical production, comedy show
1692   or other entertainment event performed in person to an in-person audience in an arena, concert
1693   venue or other fixed location including, but not limited to, an event licensed under sections 181
1694   and 182 or chapter 128A; provided, however, that “live event” shall not include: (i) a musical
1695   performance, sporting event, theatrical production, comedy show or other entertainment event
1696   performed in an arena, concert venue or other fixed location with a capacity of not more than
1697   1,000 attendees; (ii) the broadcast or transmission of such an entertainment event attended
1698   exclusively via television, internet or other remote means; or (iii) in-person attendance at an
1699   entertainment event that consists of entertainment, whether live or recorded, that is observed by
1700   an audience solely via broadcast or transmission or by the playing of a recording, including, but
1701   not limited to, a showing of a film in a movie theater.
1702  (a1/2) No person shall engage in the business of selling tickets or the business of reselling
1703   or facilitating a mechanism for 2 or more parties to participate in the resale of any ticket of
1704   admission to a live event, whether such business is conducted on or off the premises on which
1705   such ticket is to be used, without being licensed by the commissioner of occupational licensure.
  80 of 95
1706  SECTION 128. Said section 185A of said chapter 140, as so appearing, is hereby further
1707   amended by striking out, in line 12, the words “until the first day of January next after its date”
1708   and inserting in place thereof the following words:- for 2 years following its date of issuance.
1709  SECTION 129. Said subsection (b) of said section 185A of said chapter 140, as so
1710   appearing, is hereby further amended by striking out the fourth sentence and inserting in place
1711   thereof the following sentence:- The sale of a ticket, entitling the holder of said ticket to
1712   admission to any such live event upon payment either of nothing or a sum less than that
1713   demanded of the public generally shall be deemed to be a resale pursuant to subsection (a½).
1714  SECTION 130. Section 185B of said chapter 140, as so appearing, is hereby amended by
1715   striking out subsection (a) and inserting in place thereof the following subsection:-
1716  (a) The fee for each license granted under section 185A and for each renewal thereof
1717   shall be determined by the secretary of administration and finance under section 3B of chapter 7
1718   for the filing thereof.
1719  SECTION 131. Section 185D of said chapter 140, as so appearing, is hereby amended by
1720   striking out, in lines 3 and 4, the words “theatrical exhibition, public show or public amusement
1721   or exhibition” and inserting in place thereof the following words:- live event.
1722  SECTION 132. Said section 185D of said chapter 140, as so appearing, is hereby further
1723   amended by striking out, in lines 10 to 12, inclusive, the words “theatrical exhibition, public
1724   show or public amusement or exhibition of any description” and inserting in place thereof the
1725   following words:- live event.
  81 of 95
1726  SECTION 133. Said chapter 140 is hereby further amended by striking out section 185G,
1727   as so appearing, and inserting in place thereof the following section:-
1728  Section 185G. (a) Section 182A shall not apply to tickets or other evidences of entry to
1729   theatrical exhibitions, public shows or public amusements or exhibitions, all the proceeds of the
1730   sale or resale of which inure exclusively to the benefit of religious, educational or charitable
1731   institutions, societies or organizations or civic leagues or organizations not organized for profit
1732   but operated exclusively for the promotion of social welfare or to associations of veterans of any
1733   wars of the United States, or to tickets or other evidences of entry to agricultural fairs, none of
1734   the profits of the sale or resale of which are distributed to stockholders or members of the
1735   association conducting the same.
1736  (b) Sections 185A to 185F, inclusive, shall not apply to tickets to live events, all the
1737   proceeds of the sale or resale of which inure exclusively to the benefit of religious, educational
1738   or charitable institutions, societies or organizations or civic leagues or organizations not
1739   organized for profit but operated exclusively for the promotion of social welfare or to
1740   associations of veterans of any wars of the United States, or to tickets to agricultural fairs, none
1741   of the profits of the sale or resale of which are distributed to stockholders or members of the
1742   association conducting the same.
1743  SECTION 134. Section 100 of chapter 143 of the General Laws, as so appearing, is
1744   hereby amended by striking out, in lines 9 and 10, the words “other than the specialized stretch
1745   energy code” and inserting in place thereof the following words:- other than the current and
1746   future specialized stretch energy codes.
  82 of 95
1747  SECTION 135. Section 12 of chapter 156C of the General Laws, as so appearing, is
1748   hereby amended by striking out subsection (d) and inserting in place thereof the following 3
1749   subsections:-
1750  (d) The fee for the filing of the certificate of organization required by subsection (a) shall
1751   be $100. The fee for the filing of the annual report required by subsection (c) shall be $200 for
1752   the first annual report; $300 for the second annual report; $400 for the third annual report; and
1753   $500 for the fourth annual report and for each annual report filed thereafter. Such fees shall be
1754   paid to the state secretary at the time the certificate of organization or the annual report is filed.
1755  (e) Notwithstanding the fees set forth in subsection (d), if a limited liability company (i)
1756   is established for the purpose of holding title to real property; (ii) owns assets in excess of
1757   $1,000,000; or (iii) is expected to own assets in excess of $1,000,000 within the subsequent 12
1758   month period, then the fee for the filing of the certificate of organization required by subsection
1759   (a) shall be $500; and the fee for the filing of each annual report required by subsection (c) shall
1760   be $500 beginning with the annual report that includes an affirmative attestation of any of the
1761   conditions set forth in clauses (i) to (iii). Such fees shall be paid to the state secretary at the time
1762   the certificate of organization or the annual report is filed.
1763  (f) The person filing the certificate of organization or annual report shall attest at the time
1764   of filing as to whether the limited liability company: (i) is established for the sole purpose of
1765   holding title to real property; (ii) owns assets in excess of $1,000,000; or (iii) is expected to own
1766   assets in excess of $1,000,000 within the subsequent 12-month period. A person who makes an
1767   inaccurate attestation shall be subject to a civil penalty of $10,000 for each such inaccurate
1768   attestation. Such certification shall be the basis for determining eligibility under subsection (e).
  83 of 95
1769  SECTION 136. Section 134 of chapter 164 of the General Laws, as so appearing, is
1770   hereby amended by striking out, in lines 103 and 104, the words “Massachusetts Renewable
1771   Energy Trust Fund, established pursuant to section 9” and inserting in place thereof the
1772   following words:- Climatetech Investment Fund established in section 15.
1773  SECTION 137. Said Chapter 164 is hereby further amended by adding the following
1774   section:-
1775  Section 152. (a) As used in this section, the followings words shall have the following
1776   meanings unless the context requires otherwise:
1777  “Economic development rates”, standardized utility tariffs and discounted rates offered
1778   by a distribution company designed to attract new businesses to the commonwealth and promote
1779   expansion by businesses already located in the commonwealth.
1780  “Special contracts”, discounted utility rates negotiated between distribution companies
1781   and large new businesses locating to Massachusetts or large new businesses expanding in the
1782   commonwealth.
1783  (b) Each distribution company shall offer an economic development rate and special
1784   contracts. Each distribution company shall develop guidelines for large new businesses locating
1785   to the commonwealth or large new businesses expanding in the commonwealth to seek a special
1786   contract. Such rates, contracts and guidelines shall be as consistent as practicable between the
1787   distribution companies.
1788  (c) Economic development rates and special contracts shall not shift costs to or increase
1789   costs for other commonwealth utility customers.
  84 of 95
1790  (d) Economic development rates may include associated requirements, including but not
1791   limited to, job creation or retention, capital investment commitments, participation in energy
1792   efficiency or demand response programs and periodic progress reporting on requirements.
1793  (e) Distribution companies may request modifications to any approved economic
1794   development rate and guidelines to seek a special contract with the department of public utilities
1795   as necessary to accommodate changed circumstances.
1796  (f) Each distribution company shall present the proposed rate and guidelines to the
1797   executive office of economic development and the executive office of energy and environmental
1798   affairs at least one month prior to filing a new or amended economic development rate or
1799   guidelines to seek a special contract with the department of public utilities.
1800  SECTION 138. Section 2 of chapter 498 of the acts of 1993 is hereby amended by
1801   striking out the definition of “Bank” or “Government land bank” and inserting in place thereof
1802   the following definition:-
1803  “Bank” or “Government land bank”, the Massachusetts Development Finance Agency
1804   established in section 23G of the General Laws as successor to the Government Land Bank
1805   pursuant to section 23 of chapter 289 of the acts of 1998.
1806  SECTION 139. Item 7002-1509 of section 2 of chapter 140 of the acts of 2024 is hereby
1807   amended by adding the following words:- or other similar visa programs.
1808  SECTION 140. Item 7002-1522 of section 2 of chapter 238 of the acts of 2024 is hereby
1809   amended by striking out the words “technologies developed with the assistance of” and inserting
1810   in place thereof the following words:- technologies, with preference for companies receiving.
  85 of 95
1811  SECTION 141. Item 7002-1523 of said section 2 of said chapter 238 is hereby amended
1812   by striking out the words “proteins developed with the assistance of” and inserting in place
1813   thereof the following words:- proteins, with preference for companies receiving.
1814  SECTION 142. Section 320 of said chapter 238 is hereby repealed.
1815  SECTION 143. Sections 324 of said chapter 238 is hereby repealed.
1816  SECTION 144. Notwithstanding any general or special law to the contrary, the members
1817   serving on the advisory board on employee ownership appointed by the governor pursuant to
1818   subsection (a) of section 204 of chapter 6 of the General Lawson the effective date of this act
1819   shall continue to serve for the remainder of their remainder of their unexpired terms. Upon the
1820   expiration of the terms of such members, the governor shall appoint 2 members to serve for a
1821   term of 1 year, 3 members to serve for a term of 2 years, 3 members to serve for a term of 3
1822   years and 3 members to serve for a term of 4 years. Upon the expiration of such terms, the
1823   governor shall appoint successor members to serve a term of 4 years.
1824  SECTION 145. Notwithstanding any general or special law to the contrary, any
1825   unexpended funds held in the Massachusetts Alternative and Clean Energy Investment Trust
1826   Fund established in section 35FF of chapter 10 of the General Laws and the Renewable Energy
1827   Trust Fund established in section 9 of chapter 23J of the General Laws on the effective date of
1828   this act shall be transferred to the Climatetech Investment Fund established in section 15 of said
1829   chapter 23J.
1830  SECTION 146. (a) Notwithstanding any general or special law to the contrary, if the
1831   economic assistance coordinating council awards less than the full amount of tax credits
1832   authorized by subsection (c) of section 3D of chapter 23A of the General Laws or if the
  86 of 95
1833   Massachusetts Life Science Center awards less than the full amount of tax credits authorized by
1834   subsection (d) of section 5 of chapter 23I of the General Laws or if the Massachusetts Clean
1835   Energy Center awards less than the full amount of tax credits authorized by subsection (d) of
1836   section 16 of said chapter 23J, then in each case, the balance of any unallocated tax credits and
1837   the funds budgeted to finance that balance may be carried forward to the next calendar year with
1838   the approval of the secretary of administration and finance, in consultation with the secretary of
1839   economic development.
1840  (b) Notwithstanding any general or special law to the contrary, the secretary of
1841   administration and finance, in consultation with the secretary of economic development, may
1842   reallocate some or all of the tax credits that are carried forward pursuant to subsection (a) among
1843   the tax credit programs established pursuant to section 3A of chapter 23A of the General Laws,
1844   section 5 of chapter 23I of the General Laws or section 16 of chapter 23J of the General Laws.
1845   Any credits carried forward or reallocated shall increase, for the calendar year in which the carry
1846   forward or reallocation occurs, the annual cap or limitation otherwise applicable to the receiving
1847   program by the amount of such credits carried forward or reallocated.
1848  (c) Annually, not later than March 1, the secretary of administration and finance, in
1849   consultation with the secretary of economic development, shall submit a report to the house and
1850   senate committees on ways and means setting forth the amount of tax credits, if any, carried
1851   forward and reallocated pursuant to subsections (a) and (b) in the prior calendar year. The report
1852   shall state the adjusted cap applicable to each tax credit program for the upcoming calendar year.
1853  SECTION 147. (a) As used in this section, the followings words shall have the following
1854   meanings unless the context clearly requires otherwise:
  87 of 95
1855  “Economic development rates”, standardized utility tariffs and discounted rates offered
1856   by a distribution company designed to attract new businesses to the commonwealth and promote
1857   expansion by businesses already located in the commonwealth.
1858  “Special contracts”, discounted utility rates negotiated between distribution companies
1859   and large new businesses locating to the commonwealth or large new businesses expanding in
1860   the commonwealth.
1861  (b) The department of public utilities shall initiate an investigation into electric
1862   distribution tariffs, rates, and interconnection requirements that support economic development
1863   by attracting new businesses to the commonwealth and promoting the expansion of existing
1864   businesses. The investigation shall be initiated more than 90 days after the effective date of this
1865   act.
1866  (c) The department may consider rate design elements, tariff structures and
1867   customer eligibility frameworks, including but not limited to: (i) the establishment of separate
1868   customer classes or categories based on load characteristics; (ii) appropriate rate structures,
1869   including demand based or capacity based charges; (iii) potential economic development rates
1870   for qualifying new businesses; (iv) minimum demand requirements or other mechanisms to
1871   provide revenue certainty; (v) minimum terms of service, including provisions addressing load
1872   ramp up periods; (vi) exit fees, termination provisions or other forms of financial assurance; (vii)
1873   cost allocation methodologies; (viii) requirements for the use of special contracts; and (ix)
1874   mechanisms to ensure that proposed rates do not increase or shift costs to other ratepayers.
  88 of 95
1875  (d) The department shall ensure any rate structures developed pursuant to this section
1876   support economic development, maintain just and reasonable rates and avoid shifting costs to
1877   other customers.
1878  (e) The department shall consult with the executive office of economic development to
1879   align regulatory frameworks with statewide economic development objectives. The executive
1880   office of economic development shall establish all necessary requirements and qualification
1881   criteria to ensure economic benefits for the commonwealth prior to the establishment of any
1882   economic development rates.
1883  SECTION 148. Notwithstanding any general or special law to the contrary, the
1884   unexpended and unencumbered balances of the bond-funded authorizations in the following
1885   accounts shall cease to be available for expenditure 180 days after the effective date of this act:
1886  7002-8013
1887  7002-8016
1888  7002-8017
1889  7002-8022
1890  7002-8035
1891  7002-8037
1892  7002-8038
1893  7002-8041
  89 of 95
1894  7002-8049
1895  SECTION 149. Notwithstanding any general or special law to the contrary, to meet the
1896   expenditures necessary in carrying out section 3A, the state treasurer shall, upon receipt of a
1897   request by the governor, issue and sell bonds of the commonwealth in an amount to be specified
1898   by the governor from time to time but not exceeding, in the aggregate, $325,100,000. All bonds
1899   issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to
1900   Massachusetts Winning Global Investment, Talent, and Innovation” and shall be issued for a
1901   maximum term of years, not exceeding 30 years, as the governor may recommend to the general
1902   court pursuant to section 3 of Article LXII of the Amendments to the Constitution All such
1903   bonds shall be payable not later than June 30, 2061. All interest and payments on account of
1904   principal on such obligations shall be payable from the General Fund. Bonds and interest thereon
1905   issued under the authority of this section shall, notwithstanding any other provision of this act, be
1906   general obligations of the commonwealth.
1907  SECTION 150. Notwithstanding any general or special law to the contrary, the annual
1908   report required by subsection (g) of section 17 of chapter 23J of the General Laws shall be due
1909   not later than 1 year after the effective date of this act.
1910  SECTION 151. Notwithstanding section 64 of chapter 90 of the General Laws or any
1911   other special or general law to the contrary, an electric bicycle purchased or acquired before the
1912   effective date of said section 64 of said chapter 90 may continue to be operated in the
1913   commonwealth without meeting the battery or electrical system safety standards required by
1914   subsections (b) and (c) of said section 64 of said chapter 90.
  90 of 95
1915  SECTION 152. (a) There shall be a working group on micromobility which shall consist
1916   of: the registrar of motor vehicles or a designee, who shall serve as chair; the administrator of
1917   highways in the Massachusetts Department of Transportation or a designee; the secretary of
1918   public safety and security or a designee; the commissioner of insurance or a designee; the
1919   commissioner of conservation and recreation or a designee; the commissioner of public health or
1920   a designee; 1 representative of the Massachusetts Municipal Association who shall appointed by
1921   the secretary of the of transportation; 2 persons to be appointed by the secretary of transportation,
1922   of whom 1 shall be a representative of the micromobility device industry and 1 shall be a
1923   representative of a citizen advocacy group 1 person who shall be a representative of the
1924   insurance industry who shall be appointed by the commissioner of insurance; and 2 persons to be
1925   appointed by the secretary of public safety and security, of whom 1 shall be a representative of
1926   the Fire Chiefs Association of Massachusetts and 1 hall be a representative of the Massachusetts
1927   Chiefs of Police Association.
1928  (b) The working group shall develop recommendations for a regulatory scheme and
1929   legislation, if necessary, for the operation of micromobility devices as provided in the January
1930   2026 special commission on micromobility report. The working group shall make
1931   recommendations for requirements for micromobility registration or an identification decal,
1932   licensure to operate, clarification of the roles of dealers and manufacturers, education, speed
1933   restrictions, signage, travel allowances, insurance requirements, fines and penalties and
1934   additional operation and safety standards and requirements for micromobility devices.
1935  (c) The working group shall develop a standardized form to report crashes and incidents
1936   involving a motor vehicle, a vulnerable user as defined in section 1 of chapter 90 of the General
1937   Laws or any micromobility device as defined in said section 1 of said chapter 90. The
  91 of 95
1938   standardized form shall be used by any municipal, county or state law enforcement official or
1939   emergency medical services provider who responds to a crash or incident involving a motor
1940   vehicle, a vulnerable user or a micromobility device. The corresponding report for each crash or
1941   incident shall be transmitted to the registrar of motor vehicles. The registrar of motor vehicles
1942   shall maintain a publicly accessible database of the standardized form reports; provided,
1943   however, that no personally identifying information shall be published in the database.
1944  (d) Not later than December 31, 2027, the working group shall complete its work and
1945   issue a report of its findings, recommendations and any proposed legislation necessary to carry
1946   those recommendation into effect by filing the same with the clerks of the senate and house of
1947   representatives and the joint committee on transportation and publishing the same on its website.
1948  SECTION 153. (a) There shall be a special commission to review and assess emerging
1949   issues in the state regulation of frontier artificial intelligence models. The review shall include,
1950   but not be limited to, investigating the feasibility and impact of requiring large frontier
1951   developers, as defined in section 1 of chapter 93M of the General Laws, to engage third-party
1952   auditors to assess frontier artificial intelligence models, as defined in said section 1 of said
1953   chapter 93M, to verify the developer’s compliance with the requirements of a frontier AI
1954   framework, as defined in said section1, and assess whether the developer’s risk mitigation efforts
1955   adequately address catastrophic risks, as defined in said section 1; the level of research spending,
1956   revenue or computing power to require higher level state scrutiny; and any other issues identified
1957   by the commission.
1958  (b) The commission shall consist of: the attorney general or designee, who shall serve as
1959   chair; 1 member appointed by the senate president, 1 member appointed by the speaker of the
  92 of 95
1960   house of representatives, and 6 members appointed by the governor, at least 1 of whom shall
1961   have experience in compliance auditing, at least 1 of whom shall have experience in the
1962   development of artificial intelligence models, and at least 1 of whom shall have experience in
1963   artificial intelligence safety. The commission shall study and make recommendations on: (i) the
1964   nature and magnitude of risks posed by frontier artificial intelligence models deployed in the
1965   commonwealth including, but not limited to, catastrophic risk and critical safety incidents; (ii)
1966   the availability of identifiable and measurable metrics to determine levels of risk; (iii) existing
1967   standards for technical, operational and other mitigation requirements for persons or entities that
1968   develop or deploy artificial intelligence models; (iv) current methodologies and sources used to
1969   evaluate the efficacy of such mitigation requirements; (v) practices and strategies employed in
1970   other states to assess artificial intelligence models’ or applications’ adherence to industry
1971   standards; and (vi) the fiscal impact of developing and implementing a framework for
1972   assessment of artificial intelligence models and applications through third party auditors.
1973  (c) Not later than March 1, 2027, the commission shall submit a report of its findings and
1974   recommendations, including drafts of legislation necessary to carry those recommendations into
1975   effect, by filing the same to the clerks of the senate and house of representatives and the joint
1976   committee on advanced information technology, the internet and cybersecurity.
1977  SECTION 154. Not less than 270 days after the effective date of this act, each electric
1978   company shall share with the board established in section 17 of chapter 23J the processes they
1979   plan to implement to address gridtech deployment barriers internal to the electric company. Such
1980   processes shall include procedures for addressing barriers identified by the board pursuant to
1981   subsection (g) of section 17 of chapter 23J. Such processes shall be as similar between the
1982   investor-owned electric companies as practicable.
  93 of 95
1983  SECTION 155. Not less than 270 days after the effective date of this act, the board
1984   established in section 17 of chapter 23J shall develop and vote to file with the department of
1985   public utilities a process for the department to review, on an expedited basis, requests for limited
1986   waivers of prior department orders that will alleviate gridtech deployment barriers. Such process
1987   shall be limited to reviewing waivers of prior department orders that are time-bound and finite in
1988   scope.
1989  SECTION 156. Sections 40, 41, and 48 shall take effect for all municipalities upon the
1990   effective date of this act; provided, however, that in municipalities that adopted a zoning
1991   ordinance or by-law requiring some form of site plan review prior to the effective date of this act,
1992   the provisions of this section shall not be effective with respect to such zoning ordinance or by-
1993   law until the date that is one year after the effective date of this act.
1994  SECTION 157. No plan by a city or town to change the number of licenses available
1995   under chapter 138 of the General Laws shall take effect prior to January 1, 2027. The number of
1996   licenses authorized under said chapter 138 for each city and town prior to January 1, 2027, shall
1997   remain unchanged unless changed by the mayor and city council or select board pursuant to a
1998   plan adopted under section 17 of said chapter 138.
1999  SECTION 158. Not later than 1 year after the effective date of this act, the commissioner
2000   of public health shall promulgate regulations as required by section 250 of chapter 111 of the
2001   General Laws.
2002  SECTION 159. Not later than January 1, 2028 the attorney general shall complete the
2003   first report required by subsection (a) of section 4 of chapter 93M of the General Laws.
  94 of 95
2004  SECTION 160. Not later than January 1, 2029 the attorney general shall complete the
2005   first report required by subsection (g) of section 3 and subsection (d) of section 4 of chapter 93M
2006   of the General Laws.
2007  SECTION 161. Subsection (ii) of section 6 of chapter 62 of the General Laws, as inserted
2008   by section 194 of said chapter 238 of the acts of 2024, shall take effect for taxable years
2009   beginning on or after January 1, 2027.
2010  SECTION 162. Section 38UU of chapter 63 of the General Laws shall take effect for
2011   taxable years beginning on or after January 1, 2027.
2012  SECTION 163. Section 316 of chapter 238 of the acts of 2024 shall take effect on
2013   January 1, 2033.
2014  SECTION 164. Sections 44, 46, 47, 48, 50, 51, 61, 70, 72 and 135 shall take effect on
2015   July 1, 2027.
2016  SECTION 165. Sections 85 to 100, inclusive, and sections 102 to 106, inclusive, shall
2017   take effect on January 1, 2028.
  95 of 95