S 3228

SENATE . . . . . . . . . . . . . . No. 3228
     Senate, July 24, 2026 -- Text of the Senate amendment to the House Bill relative to economic
     development in the commonwealth (House, No. 5576) (being the text of Senate document
     numbered 3178, printed as amended)
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
 1  SECTION 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.
 9  SECTION 2A.
10  EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
11  Office of the Secretary
12  1596-7066       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
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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
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
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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
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
49  SECTION 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.
57  MASSACHUSETTS CULTURAL COUNCIL
58  0640-0309       For a capital grant program to be administered by the Massachusetts
59   cultural council to support individuals, businesses, nonprofit organizations, community groups
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60   and other eligible applicants as determined by the council who are engaged in public arts,
61   performance, cultural and community programming that stimulates downtown areas, commercial
62   areas, cultural districts, gathering places and nightlife destinations and contributes to the cultural
63   and economic vitality of cities and towns; provided, that the council may award grants to cities
64   and towns which intend to contract with individuals, businesses, nonprofit organizations,
65   community groups and other eligible entities for projects which support art, performance,
66   cultural and community programming in downtown areas, commercial areas, cultural districts,
67   gathering places and nightlife destinations ............................. $1,000,000
68  EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
69  Office of the Secretary
70  7002-8046        For the growth capital division of the Massachusetts Development Finance
71   Agency established in section 2 of chapter 23G of the General Laws for a program to provide
72   matching grants to community development financial institutions certified by the United States
73   Treasury or community development corporations certified under chapter 40H of the General
74   Laws to leverage federal or private investment for the purpose of making loans to small
75   businesses; provided, that such grants shall prioritize socially or economically disadvantaged
76   businesses, which may include, but shall not be limited to, minority-owned, women-owned,
77   worker-owned, veteran-owned or immigrant-owned small businesses that have historically faced
78   obstacles to accessing capital; and provided further, that not less than $10,000,000 shall be
79   expended to The Massachusetts Business Development Corporation for the Massachusetts
80   Capital Access program to support loans to eligible businesses for start up costs, equipment
81   purchases, real estate acquisitions and other business expenses...…………….……$20,000,000
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 82  7002-8079       For a capital grant program to be administered by the executive office of
 83   economic development to provide grants to private businesses that are constructing or expanding
 84   commercial, industrial or manufacturing facilities in the commonwealth, which may include, but
 85   shall not be limited to: (i) the construction or expansion of facilities in a manner that eliminates
 86   or minimizes the use of fossil-fuel heating and cooling equipment, or incorporates other
 87   decarbonization measures that would not otherwise be incorporated into the facility design; (ii)
 88   the integration of design features that make a facility more resilient to the impacts of climate
 89   change, where such design features would not otherwise be economically feasible; and (iii)
 90   capital investments that support the creation of a significant number of new jobs in the
 91   commonwealth; provided, that the secretary of economic development shall issue program
 92   guidelines around the administration of the program which may include the administration of the
 93   program through a contract with the Massachusetts Development Finance Agency established in
 94   section 2 of chapter 23G of the General Laws or any other appropriate quasi-governmental
 95   agency; and provided further, that grants shall be awarded in a manner that promotes geographic
 96   equity...……………………………………………………………………………$25,000,000
 97  7002-8080       For a grant program to be administered by the executive office of
 98   economic development to support the development and application of artificial intelligence
 99   technologies in strategically important sectors of the state’s economy including, but not limited
100   to, life sciences, healthcare, advanced manufacturing, climatetech, quantum, defense technology,
101   transportation and robotics; provided, that grants may be awarded from this item to public
102   entities, non-profit entities and private businesses; and provided further, that, at the discretion of
103   the secretary of economic development, grant funding may be administered by the Massachusetts
104   Technology Park Corporation, the Massachusetts Life Sciences Center, the Massachusetts
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105   Technology Development Corporation or the Massachusetts Clean Energy Technology
106   Center..........................................................................................................................$75,000,000
107  7002-8081  For a capital grant program to be administered by the executive office of
108   economic development to support the construction, fit-out and improvement of 1 or more sites
109   where early stage and high growth business ventures are encouraged to establish operations in
110   the commonwealth; provided, that the executive office may contract with the Massachusetts
111   Development Finance Agency established in section 2 of chapter 23G of the General Laws, or
112   any other state authority as defined in section 1 of chapter 29 of the General Laws, to administer
113   the grants or other financial assistance from this item; and provided further, that grants shall be
114   awarded in a manner that promotes geographic equity…………………………..$20,000,000
115  7002-8082  For a grant program to be administered by the executive office of
116   economic development to invest in capital assets or public infrastructure that promote economic
117   growth, job creation and talent recruitment and retention in the defense sector, including to
118   support innovation in defense related technologies such as artificial intelligence, cybersecurity,
119   robotics and autonomous systems, semiconductors and microelectronics, biosecurity and
120   advanced manufacturing; provided, that grants from this item may be awarded to public and
121   private entities as determined by the executive office; and provided further, that, at the discretion
122   of the secretary of economic development, grant funding may be administered by the
123   Massachusetts Technology Park Corporation, the Massachusetts Life Sciences Center, the
124   Massachusetts Technology Development Corporation, the Massachusetts Development Finance
125   Agency or the Massachusetts Clean Energy Technology Center.………………….$100,000,000
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126  7002-8083  For a grant program to be administered by the executive office of
127   economic development to support food science, agricultural enterprises, resilient and sustainable
128   food innovation, food and agricultural technology and related sectors; provided, that the
129   executive office may contract with the Massachusetts Development Finance Agency established
130   in section 2 of chapter 23G of the General Laws, or any other state authority as defined in section
131   1 of chapter 29 of the General Laws, to administer the grants from this item; and provided
132   further, that grants shall be awarded in a manner that promotes geographic
133   equity………………………………………..$15,000,000
134  7002-8084  For a competitive program to be administered by the Massachusetts
135   Technology Park Corporation established in section 3 of chapter 40J of the General Laws to
136   provide capital grants to support research and development of robotics technology including, but
137   not limited to, robotics incubation, testing, training, workforce development, research and
138   development and commercialization activities; provided, that grants may be awarded to nonprofit
139   entities, public or private universities or private business entities................................$25,000,000
140  7002-8085  For a grant program to cities, towns, regional organizations whose
141   membership is exclusively composed of municipal governments, municipal redevelopment
142   authorities or agencies or quasi-governmental agencies to support economic development in the
143   commonwealth including, but not limited to, support for the vitality, activation, improvement
144   and competitiveness of downtowns, main streets, business districts, town centers, commercial
145   corridors, cultural districts and other walkable mixed-use areas; provided, that the executive
146   office of economic development shall establish program requirements through regulations or
147   policy guidelines; provided further, that grants shall be awarded in a manner that promotes
148   geographic equity; and provided further, that not less than $2,500,000 shall be expended for a
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149   grant program to cities and towns to convert vacant retail spaces and storefronts into spaces to
150   provide entrepreneurs with the opportunity to pilot retail concepts through temporary pop-up
151   stores …………………...........................................................................$27,500,000
152  7002-8086  For a capital grant program to be administered by the executive office of
153   economic development to enhance the arts, culture and the creative economy in the
154   commonwealth including, but not limited to, grants to cities and towns for public realm and
155   streetscape improvements that enhance downtown vibrancy, rehabilitation of historic districts,
156   wayfinding and signage to support cultural institutions, improvements to public gathering and
157   performance spaces and permanent public art installations; provided, that the executive office
158   may contract with the Massachusetts Development Finance Agency established in section 2 of
159   chapter 23G of the General Laws, Massachusetts Cultural Council, or any other state authority as
160   defined in section 1 of chapter 29 of the General Laws, to administer the grants from this item;
161   and provided further, that grants shall be awarded in a manner that promotes geographic equity;
162   provided further, that not less than $5,000,000 shall be expended as grants to farm businesses,
163   nonprofit organizations, municipalities and regional tourism councils to enhance
164   agritourism‑related cultural and promotional activities in the commonwealth including, but not
165   limited to: (i) barn paintings and agricultural murals created by local artists; (ii) wayfinding,
166   signage and other marketing materials promoting agritourism destinations; (iii) infrastructure and
167   programming that enhances the visibility, viability and visitor experience of farms, farmers
168   markets, farm stands, community gardens, agricultural fairs and other community-based
169   agricultural enterprises; and (iv) public art, cultural installations and promotional initiatives that
170   strengthen local agricultural identity and encourage residents and visitors to visit agricultural
171   sites and purchase local agricultural products; provided further, that the executive office of
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172   economic development shall coordinate with the department of agricultural resources to develop
173   and administer the grants ……………………………………….…..$30,000,000
174  7002-8087       For local economic development grants; provided, that not less than
175   $5,000,000 shall be expended for the planning, design, engineering, site preparation,
176   construction, accessibility improvements and related infrastructure necessary for the
177   development of the Palmer Passenger rail stop, including associated parking, pedestrian access,
178   utility improvements and other capital improvements necessary to support the implementation of
179   the Palmer Passenger Rail in Phase I of the Compass Rail initiative; provided further, that the
180   funds shall be used to improve regional passenger rail connectivity, expand mobility and
181   transportation options, promote economic development in western and central Massachusetts and
182   position the Palmer Passenger Rail Stop as a key hub within the west-east passenger rail
183   network; provided further, that not less than $2,500,000 shall be expended to the executive office
184   of housing and livable communities to create a pilot program to aid in the development and
185   construction of permanently affordable home ownership; provided further, that funds may only
186   be used to fund the creation of permanently affordable homeownership units, which may include,
187   but shall not be limited to, units within a mixed use development; provided further, that funds
188   expended for the program may only be used on permanently affordable homeownership units
189   affordable to low and moderate income households whose income is not less than 60 per cent or
190   more than 120 per cent of the area median income; provided further, that funds expended from
191   the program shall only be used to fund projects that have 1 to 25 housing units; provided further,
192   that not less than $3,250,000 shall be expended for the design, engineering and construction of a
193   municipal parking garage deck on the town of Bridgewater’s municipal parking lot located off of
194   Central square behind the retired fire station and on School street, situated within a federally
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195   designated opportunity zone, to support local downtown revitalization and economic
196   development; provided further, that not less than $1,000,000 shall be expended to the city of
197   Springfield for the Springfield Housing Strategy to fund pre-development work on city-owned
198   properties in the city of Springfield that are slated for multi-family housing; provided further,
199   that not less than $500,000 shall be expended for a carpentry pre-apprenticeship program that is
200   open to persons in the city of Boston with a criminal record and which is operated in partnership
201   with the North Atlantic States Regional Council of Carpenters and local community-based
202   organizations and nonprofit organizations, which shall include, but not be limited to, hands-on
203   trades training, participant stipends, tools and safety equipment, personalized mentorship,
204   industry-recognized certifications and employment-readiness services for persons 18 years of age
205   or older; provided further, that not less than $1,000,000 shall be expended to The Home for Little
206   Wanderers, Inc. for the renovation and creation of the Rev. Dr. Michael E. Haynes Community
207   Room to support community engagement, civic dialogue, youth and family programming and
208   neighborhood partnership initiatives; provided further, that not less than $5,000,000 shall be
209   expended to the Massachusetts Development Financing Agency established in section 2 of
210   chapter 23G of the General Laws for the development of the Devens Innovation and Technology
211   Center zoning district which shall include, but not be limited to, housing or mixed-use site
212   development; provided further, that not less than $1,000,000 shall be expended to the city of
213   Revere for the Resilient Bennington Street and Fredericks Park Project to address regional flood
214   risks in the cities of Revere and Boston; provided further, that not less than $2,500,000 shall be
215   expended for the Leto Fund Inc. for the purposes of establishing the Boston Legacy Performance
216   Center in the city of Brockton to support regional sports development and tourism and for the
217   training and usage of youth athletes from the Greater Brockton area; provided further, that the
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218   Massachusetts international trade office shall convene a working group to study the feasibility
219   and recommend actions necessary to plan, coordinate and host a set or tournament of
220   international soccer matches within the commonwealth; provided further, that the membership of
221   the working group shall include: the executive director of the Massachusetts international trade
222   office; the executive director of the Massachusetts office of travel and tourism or their designee;
223   the secretary of administration and finance or their designee; the secretary of transportation or
224   their designee; the secretary of public safety and security or their designee; the commissioner of
225   public health or their designee; the colonel of state police or their designee; the general manager
226   of the Massachusetts Bay Transportation Authority or their designee; 1 member of the senate,
227   appointed by the senate president; 1 member of the house of representatives, appointed by the
228   speaker of the house of representatives; a representative of the New England Revolution; a
229   representative of the Boston Legacy Football Club; a representative of the host municipality,
230   after said municipality is determined; a representative of a youth soccer organization; and a
231   member appointed by the governor, who possesses relevant expertise in international sports
232   partnerships, event management, transportation or public safety; provided further, that the
233   working group shall meet not less than quarterly and members shall serve without compensation;
234   provided further, that the working group shall: (i) determine the appropriate scope and scale of
235   hosting an international soccer tournament in the commonwealth; (ii) evaluate prospective dates,
236   venues and operational needs for hosting matches, including, but not limited to, the creation of
237   an appropriate operational framework, if recommended; (iii) determine and coordinate with
238   representatives of participating countries, including, but not limited to, the United States of
239   America, Scotland and nations with a significant diaspora in the commonwealth; (iv) assess and
240   develop recommendations for transportation, including commuter rail and roadway management,
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241   public safety emergency preparedness and public health; (v) identify costs and potential funding
242   sources; (vi) determine the economic and cultural benefit to the commonwealth as a result of
243   coordinating and hosting an international soccer tournament; and (vii) consult with municipal
244   officials, local business partners and relevant community and regional organizations in the
245   planning process; provided further, that not later than 12 months following the effective date of
246   this act, the working group shall submit a report of its findings and recommendations to the
247   secretary of economic development, the secretary of administration and finance, the house and
248   senate committees on ways and means, the joint committee on economic development and
249   emerging technologies and the joint committee on tourism, arts and cultural development;
250   provided further, that the report shall include proposed timelines, operational frameworks,
251   financial projections and any legislative or regulatory actions necessary for implementation;
252   provided further, that not less than $500,000 shall be expended to The Birthplace Foundation,
253   Inc. to support the planning, design, site preparation, infrastructure improvements and capital
254   investments necessary to advance the development of a premier basketball destination in the city
255   of Springfield to promote tourism and support community programming for local youth;
256   provided further, that not less than $800,000 shall be expended to the executive office of energy
257   and environmental affairs to conduct a study and analysis of all wastewater treatment plants and
258   collection systems that are licensed to discharge wastewater into the Merrimack river, through a
259   permit issued pursuant to the National Pollutant Discharge Elimination System or otherwise;
260   provided further, that the study shall consider for each permitted facility: (i) the amount of
261   allowable discharge of treated effluent into the river and the municipalities it serves; (ii) the
262   amount, if any, of combined stormwater overflow discharge allowed and, for the preceding 5
263   years, the actual number and quantity of such discharges, the number of times and amounts by
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264   which such discharges exceeded permitted parameters and any fines, fees or other penalties
265   associated with such excess discharges; (iii) any applicable administrative consent orders or
266   other statutory or regulatory measures compelling remedial action, a description of each such
267   action and the status of compliance with such orders or measures; (iv) the age and state of repair
268   of each facility and its components, including collection, treatment and discharge elements; (v)
269   any current projects underway, planned or projected to be necessary to achieve a state of good
270   repair and to prevent combined stormwater overflows, with estimated costs and timelines for
271   each such project; (vi) existing and potential funding sources to meet the costs of each such
272   project; (vii) a comprehensive plan to achieve, to the maximum extent feasible, a state of good
273   repair and prevent combined stormwater overflows, from permitted facilities discharging into the
274   river; and (viii) identification of technologies and equipment necessary for the timely monitoring
275   of pollutant discharges into the river; provided further, that the executive office of energy and
276   environmental affairs shall submit the study and analysis, together with any legislative, statutory,
277   regulatory and policy recommendations, with the clerks of the house and senate, the house and
278   senate committees on ways and means, the joint committee on environment and natural resources
279   and the joint committee on economic development and emerging technologies not later than 18
280   months after the effective date of this act; provided further, that not less than $1,000,000 shall be
281   expended to providers of public water suppliers in the watersheds of the Ipswich, Parker and
282   Essex rivers for projects to increase the supply, distribution and conservation of drinking water
283   to improve and maintain the health of the rivers and ensure adequate and sustainable drinking
284   water supplies to support housing and economic growth; provided further, that not less than
285   $500,000 shall be expended to United South End Settlements for classroom renovations to
286   support its high-quality early education and economic mobility programming; provided further,
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287   that not less than $1,000,000 shall be expended to Inquilinos Boricuas en Acción, Inc. for
288   upgrades to its community center, La CASA: The Center for Arts, Self-determination, and
289   Activism, to support youth programming, evidence-based education and financial empowerment
290   services; provided further, that not less than $500,000 shall be expended to St. Mary’s Center for
291   Women and Children, Inc. in the city of Boston for shelter renovation and construction; provided
292   further, that not less than $500,000 shall be expended to the Boys and Girls Clubs of Dorchester,
293   Inc. for The Colonel Daniel Marr Clubhouse in the city of Boston to modernize infrastructure to
294   allow for full inclusion and physical accessibility; provided further, that not less than $1,000,000
295   shall be expended to the Cape Verdean Association of Boston Inc. for the design, construction
296   and acquisition of a community center to support its community programming; provided further,
297   $500,000 shall be expended to the Easter Seals Massachusetts, Inc. for the MassAbility Assistive
298   Technology Independent Living Program and Assistive Technology Regional Centers to provide
299   training and to purchase equipment for people with disabilities, veterans and older adults to help
300   them live, work and learn independently; provided further, that not less than $1,000,000 shall be
301   expended to The Boston Home, Inc. for infrastructure improvements at their wheelchair
302   enhancement center to support on-site repairs and modifications for power wheelchairs; provided
303   further, that not less than $1,000,000 shall be expended to the city of Boston for the design and
304   renovation of Madison Park Technical Vocational high school; provided further, that not less
305   than $250,000 shall be expended to Bristol County Agricultural high school for the costs
306   associated with the development of an agricultural workforce development pilot program to
307   serve students, adult learners and employers across southeastern Massachusetts; provided further,
308   that not less than $5,000,000 shall be expended for economic development projects in the towns
309   of Cohasset, Duxbury, Hingham, Hull, Marshfield, Norwell and Scituate and in the city known
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310   as the town of Weymouth; provided further, that not less than $5,000,000 shall be expended to
311   the Commonwealth Zoological Corporation established in section 2 of chapter 92B of the
312   General Laws for costs associated with the preparation of plans, studies and specifications,
313   repairs, construction, renovations, improvements, maintenance, asset management and
314   demolition and other capital improvements, including those necessary for the operation of
315   facilities operated by Zoo New England, including the Franklin Park Zoo and the Walter D.
316   Stone Memorial Zoo ; provided further, that not less than $500,000 shall be expended to the
317   Massachusetts Department of Transportation to conduct a feasibility study of all options for rail
318   rapid transit service through Nubian square and Grove Hall and along the Blue Hill avenue
319   corridor in the Roxbury, Dorchester and Mattapan sections of the city of Boston, including
320   potential connections between Ruggles station and Mattapan square; provided further, that the
321   study shall include, but not be limited to, an evaluation of light rail, heavy rail and other rail
322   rapid transit alternatives, potential routes, termini and station locations, projected ridership,
323   capital and operating costs, potential federal, state, local and private funding sources,
324   environmental and community impacts, housing displacement and gentrification impacts and
325   recommendations for implementation and future project development; provided further, that not
326   less than $1,000,000 shall be expended for heat pump conversion at the Margarita Muñiz
327   Academy in the Jamaica Plain section of the city of Bostonprovided further, that not less than
328   $750,000 shall be expended to the town of Abington for purposes including, but not limited to,
329   costs associated with economic development projects; provided further, that not less than
330   $250,000 shall be expended to the city known as the town of Braintree for purposes including,
331   but not limited to, costs associated with economic development projects; provided further, that
332   not less than $750,000 shall be expended to the town of Hanover for purposes including, but not
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333   limited to, costs associated with economic development projects; provided further, that not less
334   than $500,000 shall be expended to the town of Holbrook for purposes including, but not limited
335   to, costs associated with economic development projects; provided further, that not less than
336   $2,000,000 shall be expended to the city of Quincy for purposes including, but not limited to,
337   costs associated with economic development projects; provided further, that not less than
338   $750,000 shall be expended to the town of Rockland for purposes including, but not limited to,
339   costs associated with economic development projects ; provided further, that not less than
340   $5,000,000 shall be expended to the Massachusetts Bay Transportation Authority for the design
341   and construction of accessible stations with dual-sided platforms at the Auburndale and West
342   Newton commuter rail stations in the city of Newton; provided further, that not less than
343   $100,000 shall be expended to the Brookline Community Development Corporation for the
344   rehabilitation and deep energy retrofit of its affordable housing property at 1017 Beacon street in
345   the town of Brookline ; provided further, that not less than $250,000 shall be expanded to
346   Friends of North Leverett Sawmill, Inc. to aid in the restoration of the historic Slarrow mill ;
347   provided further, that not less than $4,750,000 shall be expended for capital expenses associated
348   with the redevelopment of the former Wilson's department store and Putnam building in the city
349   of Greenfield into a mixed-use development; provided further, that not less than $5,000,000 shall
350   be expended for capital improvements to modernize and improve the DCU Center Arena and
351   Convention Center in the city of Worcester; provided further, that not less than $750,000 shall be
352   expended for the town of Great Barrington for the purpose of renovating the Housatonic
353   community center; provided further, that not less than $250,000 shall be expended to Lenox
354   Land Trust, Inc. for the purpose of restoring access to the Hallowell meadow recreational area;
355   provided further, that not less than $250,000 shall be expended for the Frank R. Stiles Post No.
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356   125, The American Legion, Inc. in the city of North Adams for renovations and improvements to
357   its building to support local community and veterans programming; provided further, that not
358   less than $250,000 shall be expended for the office of community development in the city of
359   North Adams for the redevelopment project located at the former site of the Notre Dame church;
360   provided further, that not less than $250,000 shall be expended for the Williams-Boltwood
361   House Trust, Inc. in the town of Goshen for the complete restoration of the site of the historic
362   Williams-Boltwood House; provided further, that not less than $500,000 shall be expended to
363   Sterling and Francine Clark Art Institute for costs associated with the Aso O. Tavitian wing
364   expansion project; provided further, that not less than $500,000 shall be expended for Berkshire
365   theatre group for the purpose of the Playhouse restoration project in the town of Stockbridge;
366   provided further, that not less than $1,083,000 shall be expended for the Massachusetts Food
367   Trust Program established in section 65 of chapter 23A of the General Laws for expanded access
368   to groceries in the city of Worcester; provided further, that not less than $500,000 shall be
369   expended for the Holyoke Redevelopment Authority for mixed-use development, affordable and
370   market-rate housing projects its urban renewal plan on Newton street and High street; provided
371   further, that not less than $750,000 shall be expended for the city known as the town of West
372   Springfield for a redevelopment and feasibility study of municipally-owned property near the
373   downtown central business district; provided further, that not less than $250,000 shall be
374   expended for the Pittsfield Municipal Airport Commission for the development of the Berkshire
375   Aviation & Aerospace Pathway; provided further, that not less than $1,200,000 shall be
376   expended for the city known as the town of Agawam for the Downtown Ramah Circle
377   Infrastructure Project; provided further, that not less than $1,000,000 shall be expended for
378   Westfield state university for the establishment of an immersive learning center for public safety
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379   professionals; provided further, that not less than $500,000 shall be expended for the city of
380   Chicopee for improvements to community playgrounds and parks; provided further, that not less
381   than $350,000 shall be expended for the city of Westfield for urban planning and roadway
382   improvements on Elm street, Orange street and Turnpike Industrial Park road; provided further,
383   that not less than $700,000 shall be expended for the Massachusetts Veterans Memorial
384   Cemetery in the town of Agawam for land expansion; provided further, that not less than
385   $5,000,000 shall be expended to support economic development and housing in the Watertown
386   square section of the city of Watertown; provided further, that not less than $250,000 shall be
387   expended to further economic development in the town of Auburn; provided further, that not less
388   than $250,000 shall be expended to further economic development in the town of Grafton;
389   provided further, that not less than $250,000 shall be expended to further economic development
390   in the town of Millbury; provided further, that not less than $250,000 shall be expended to
391   further economic development in the town of Shrewsbury; provided further, that not less than
392   $250,000 shall be expended to further economic development in the town of Westborough;
393   provided further, that not less than $935,000 shall be expended for UTEC, Inc. for equipment to
394   support its social enterprises, workforce development and supportive services, including, but not
395   limited to, its mattress recycling program; provided further, that not less than $360,000 shall be
396   expended to the town of Dunstable for the replacement of the Joint Grass Brook culvert;
397   provided further, that not less than $450,000 shall be expended to the town of Tyngsborough for
398   costs associated with a 2-year pilot program offering expanded bus service in the town of
399   Tyngsborough; provided further, that not less than $250,000 shall be expended for a competitive
400   grant program administered by the Toxics Use Reduction Institute to strengthen the
401   competitiveness of Massachusetts small businesses and manufacturers through safer chemical
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402   innovation; provided further, that not less than $4,000,000 shall be expended to the town of
403   Dennis for renovation, reconstruction and improvements to Sesuit harbor and its support
404   facilities; provided further, that not less than $255,000 shall be expended to the town of
405   Pepperell for the purchase of an ambulance; provided further, that not less than $250,000 shall be
406   expended to the town of Dracut for costs associated with capping its landfill; provided further,
407   that not less than $1,000,000 shall be expended to the town of Easton for the design and
408   construction of the Easton industrial park sewer project; provided further, that not less than
409   $1,000,000 shall be expended for the city of Pittsfield and the Pittsfield Economic Development
410   Authority for the purpose of infrastructure, capital improvements and acquisitions related to the
411   development of an energy hub and economic development zone; provided further, that not less
412   than $250,000 shall be expended for the town of Whately for infrastructure and capital site
413   improvements at the former Center School to facilitate the development and operation of an
414   economic development hub; provided further, that not less than $250,000 shall be expended for
415   Piti Theatre Company, Inc. in the town of Charlemont for the purpose of development,
416   renovations, infrastructure and purchasing for their Bloom center construction project; provided
417   further, that not less than $200,000 shall be expended to the town of West Boylston for local
418   infrastructure related to economic development projects; provided further, that not less than
419   $200,000 shall be expended to the town of Northborough for local infrastructure related to
420   economic development projects; provided further, that not less than $250,000 shall be expended
421   to the Blue Hills Observatory and Science Center, Inc.; provided further, that not less than
422   $1,000,000 shall be expended to Worcester Center for Performing Arts, Inc. for infrastructure
423   improvements to the Hanover Theatre and Conservatory for the Performing Arts in the city of
424   Worcester; provided further, that not less than $1,000,000 shall be expended to Family Health
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425   Center of Worcester, Inc. for planning, engineering and infrastructure design of energy efficient
426   improvements to improve access to quality health care; provided further, that not less than
427   $200,000 shall be expended to the town of Boylston for local infrastructure related to economic
428   development projects; provided further, that not less than $200,000 shall be expended to the
429   town of Bolton for local infrastructure related to economic development projects; provided
430   further, that not less than $200,000 shall be expended to the town of Berlin for local
431   infrastructure related to economic development projects; provided further, that not less than
432   $500,000 shall be expended for the town of West Bridgewater to support development and
433   construction at War Memorial park; provided further, that not less than $1,000,000 shall be
434   expended to the city of Boston for the design and renovation of the John D. O'Bryant School of
435   Mathematics and Science; provided further, that not less than $3,000,000 shall be expended to
436   Senior Connection, Inc. for the purpose of developing the Grandfamilies housing village of
437   Worcester; provided further, that not less than $725,000 shall be expended to the town of
438   Spencer for the purpose of demolition of certain buildings; provided further, that not less than
439   $300,000 shall be expended to the town of Westminster for water infrastructure modernization
440   and per- and polyfluoroalkyl substance mitigation for residents and businesses; provided further,
441   that not less than $300,000 shall be expended to the town of West Brookfield for improvements
442   and infrastructure upgrades to the town center and depot area; provided further, that not less than
443   $300,000 shall be expended to the town of Sterling for upgrades and infrastructure improvements
444   to the downtown area; provided further, that not less than $50,000 shall be expended to the town
445   of Rutland to support planning, analysis and implementation of an economic development plan;
446   provided further, that not less than $500,000 shall be expended to the town of Ware for upgrades
447   and infrastructure improvements to the downtown area; provided further, that not less than
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448   $150,000 shall be expended to the town of Templeton for upgrades and infrastructure
449   improvements to the downtown area; provided further, that not less than $500,000 shall be
450   expended for Community Health Center of Franklin County, Incorporated for equipment
451   acquisition and electronic health integration to ensure the continuation of essential pharmacy
452   services in the town of Shelburne; provided further, that not less than $1,000,000 shall be
453   expended for an academic medical center in the city of Springfield to accelerate regional job
454   creation and economic development in western Massachusetts, secure critical capital
455   infrastructure, provide facility modernization and clinical capacity expansion related to the
456   acquisition of a community hospital in the city; provided further, that not less than $1,000,000
457   shall be expended for the town of Maynard for water infrastructure improvements and other
458   related expenses; provided further, that not less than $1,750,000 shall be expended for water
459   infrastructure in the town of Norfolk; provided further, that not less than $1,500,000 shall be
460   expended for water infrastructure in the town of Sherborn; provided further, that not less than
461   $1,750,000 shall be expended for water infrastructure in the town of Wrentham; provided
462   further, that not less than $3,000,000 shall be expended to the city of Woburn for the design,
463   permitting and construction of a pedestrian bridge to Anderson regional transportation center in
464   the area of the New Boston street in the city of Woburn; provided further, that not less than
465   $2,000,000 shall be expended to the town of Arlington for the reconstruction of the Edith M. Fox
466   library; provided further, that not less than $1,500,000 shall be expended for the department of
467   conservation and recreation for the design, construction and installation of the Mass Central rail
468   trail in the town of Hudson and other related expenses; provided further, that not less than
469   $1,500,000 shall be expended for the department of conservation and recreation for the design,
470   construction and installation of the Mass Central rail trail in the towns of Wayland and Sudbury
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471   and other related expenses; provided further, that not less than $1,000,000 shall be expended to
472   the Old Colony Planning Council for the purposes of designing and implementing a competitive
473   small business incubator grant program serving the Old Colony region and focusing on the
474   acquisition of physical space for business through purchase, lease or rent and other capital assets;
475   provided further, that not less than $1,000,000 shall be expended to the city of Brockton for the
476   purposes of daylighting restoration of Trout brook, full restoration of Brook corridor and other
477   related public infrastructure at Brockton yards; provided further, that not less than $100,000 shall
478   be expended to the town of Acushnet to support economic development alongside the
479   reconstructed South Main street corridor including, but not limited to commercial, industrial and
480   business development opportunities; provided further, that not less than $2,450,000 shall be
481   expended to the town of Dartmouth to support housing production and economic development,
482   including, but not limited to, pump station upgrades and water interconnection to the city of Fall
483   River to diversify sources and bring down costs for ratepayers; provided further, that not less
484   than $2,450,000 shall be expended to the town of Fairhaven for the planning, design, engineering
485   and construction of a public safety complex; provided further, that not less than $2,000,000 shall
486   be expended to support the development of workforce housing in the town of Falmouth ;
487   provided further, that not less $1,000,000 shall be expended to the town of Pembroke for water
488   quality and improvements; provided further, that not less than $2,000,000 shall be expended to
489   support housing development in the towns of Bourne, Falmouth, Kingston, Mashpee, Sandwich,
490   Pembroke, Plymouth and Plympton; provided further, that not less than $500,000 shall be
491   expended to the Dedham-Westwood water district for planning and capital infrastructure
492   improvements; provided further, that not less than $1,500,000 shall be expended to Naismith
493   Memorial Basketball Hall of Fame, Inc. in the city of Springfield for capital improvements and
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494   accessibility upgrades to support local tourism and community programming; provided further;
495   that not less than $500,000 shall be expended to Springfield Symphony Orchestra for capital
496   improvements and accessibility upgrades to Springfield Symphony hall in the city of Springfield;
497   provided further, that not less than $500,000 shall be expended to the town of Whitman to
498   support downtown revitalization and the town’s economic development goals; provided further,
499   that not less than $5,00,000 shall be expended for infrastructure improvements in the Arlington
500   neighborhood in the city of Methuen, including, but not limited to, drainage and sewage, road
501   pavement, engineering costs and business outreach; provided further, that not less than
502   $2,000,000 shall be expended for the Pappas Rehabilitation Hospital for Children in the town of
503   Canton for immediate repairs, rehabilitation of existing infrastructure and upgrades to existing
504   facilities to hospital level care to allow for expanded admissions and ensure patient safety;
505   provided further, that not less than $1,000,000 shall be expended to the Mansfield Municipal
506   Airport for upgrades to aircraft hangars that will result in additional revenue collection; provided
507   further, that not less than $2,000,000 shall be expended as economic relief grants to be
508   administered by the executive office of economic development to businesses and nonprofits that
509   suffered a documented loss of revenue due to security restrictions, traffic management, parking
510   and transportation alterations, foot-traffic reductions and other local, state or federal regulations
511   and restrictions as a result of the commonwealth's hosting of Boston 2026 FIFA World Cup
512   matches; provided further, that priority shall be given to entities within the state highway route 1
513   corridor and within communities adjacent to Gillette Stadium in the town of Foxborough;
514   provided further, that the disbursement of funds shall be made in an expedited manner not later
515   than December 31, 2026; provided further, that not less than $5,000,000 shall be expended to
516   support projects in the city of Lynn related to the South Harbor Implementation Plan, including,
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517   but not limited to, street grid improvements; provided further, that not less than $500,000 shall
518   be expended to the city of Newburyport for the design, construction and implementation of the
519   Market Landing park visitor center and restroom facility in the city of Newburyport; provided
520   further, that not less than $250,000 shall be expended to the town of Manchester-by-the-Sea for
521   the planning, design and construction of a new harbormaster office and visitor center located at
522   Reed park; provided further, that not less than $100,000 shall be expended to the town of Rowley
523   for well and other drinking water improvements; provided further, that not less than $250,000
524   shall be expended to the town of Salisbury for infrastructure improvements at Salisbury beach
525   and the implementation of the phase III of the Salisbury Beach Public Realm plan; provided
526   further, that not less than $200,000 shall be expended to the town of Rockport for the purchase of
527   a truck for the collection and cleaning of refuse; provided further, that not less than $250,000
528   shall be expended to the town of Georgetown to assist in the expansion and connection of
529   municipal and school facilities in the dedicated fiber loop; provided further, that not less than
530   $150,000 shall be expended to the town of Essex for improvements to the downtown community
531   greenspaces and thoroughfare; provided further, that not less than $1,000,000 shall be expended
532   to the city of Gloucester for the design, construction and implementation of the Water Pollution
533   Control Facility Secondary Treatment Plant upgrades in the city of Gloucester; provided further,
534   that not less than $500,000 shall be expended to Merrimack College for the planning, design and
535   development of the Lower Merrimack Valley Innovation District to support regional economic
536   development opportunities; provided further, that not less than $250,000 shall be expended to the
537   town of Seekonk for economic development purposes; provided further, that not less than
538   $250,000 shall be expended to the town of Dighton for economic development purposes;
539   provided further, that not less than $250,000 shall be expended to the town of Berkley for
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540   economic development purposes; provided further, that not less than $500,000 shall be expended
541   to the town of Rehoboth for economic development purposes; provided further, that not less than
542   $1,000,000 shall be expended to the city of Taunton for economic development, infrastructure,
543   public facilities, utility improvements, downtown revitalization, small business assistance or
544   related capital improvement purposes; provided further, that not less than $750,000 shall be
545   expended to the town of Raynham for state highway route 138 corridor improvements; provided
546   further, that not less than $800,000 shall be expended to the town of Middleborough for
547   economic development purposes; provided further, that not less than $250,000 shall be expended
548   to the town of Carver for economic development purposes; provided further, that not less than
549   $250,000 shall be expended to the town of Marion for economic development purposes;
550   provided further, that not less than $450,000 shall be expended to the town of Wareham for
551   economic development purposes; provided further, that not less than $2,500,000 shall be
552   expended to the city of Lowell for improvements to the Bridge street bridge over the Eastern
553   canal in the city of Lowell; provided further, that not less than $2,500,000 shall be expended to
554   the city of Everett to replace and upgrade the aging and insufficient water, sewer and stormwater
555   systems underneath Beacham street in the city of Everett; provided further, that not less than
556   $2,500,000 shall be expended to the city of Chelsea for the design, construction, cleanout and
557   redesign of the Market street culvert; provided further, that not less than $5,000,000 shall be
558   expended to the department of conservation and recreation in consultation with the Friends of the
559   Middlesex Fells Reservation, Inc. for maintenance and improvements to the Middlesex Fells
560   reservation; provided further, that not less than $4,000,000 shall be expended to the
561   Massachusetts Development Finance Agency, in collaboration with the town of Uxbridge, for the
562   redevelopment of historic mill building space for local economic growth in the town of
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563   Uxbridge; provided further, that not less than $1,000,000 shall be expended for expanding
564   sidewalk access along state highway route 140 in the town of Upton; provided further, that not
565   less than $500,000 shall be expended for the Springfield Day Nursery Corporation in the city of
566   Springfield for construction of a family resource center and workforce development hub;
567   provided further, that not less than $500,000 shall be expended to the Jamaica Plain
568   Neighborhood Development Corporation to promote access to safe and affordable housing;
569   provided further, that not less than $500,000 shall be expended to the Southwest Boston
570   Community Development Corporation to assist with planning, programming and operations,
571   including, but not limited to, the creation and preservation of affordable housing, strengthening
572   the local economy of the neighborhood and the promotion of climate resiliency; provided further,
573   that not less than $2,500,000 shall be expended to the city of Somerville for the Early Action
574   Acquisition Fund to increase affordable or mixed-income housing, including, but not limited to,
575   assistance to help developers acquire property; provided further, that not less than $2,500,000
576   shall be expended for grants to the cities of Cambridge and Somerville for the design,
577   engineering, permitting and construction of green stormwater infrastructure projects exclusively
578   aimed at minimizing and ultimately eliminating combined sewer overflows into the Alewife
579   brook; provided further, that not less than $250,000 shall be expended to the MassHire Norwood
580   Career Center to support and promote career advancement programs in the region; provided
581   further, that not less than $250,000 shall be expended to the town of Walpole for the purposes of
582   purchasing new safety equipment and upgrading safety infrastructure; provided further, that not
583   less than $500,000 shall be expended to the New England Aquarium Corporation for repairs and
584   infrastructure improvements to its plaza and the abutting area of the Boston harborwalk in order
585   to promote tourism, access, safety and continued economic development at Central wharf;
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586   provided further, that not less than $1,500,000 shall be expended to the Boston Housing
587   Authority for the development and management of a climatetech revolving loan fund to support
588   building decarbonization, energy efficiency and demand response investments at publicly-
589   assisted properties with funding priority to projects affected by the rollback of federal energy
590   efficiency or renewable energy incentives, loans or grants; provided further, that not less than
591   $1,250,000 shall be expended to the town of Danvers for the purposes of design, permitting and
592   reconstruction of the Syzpko bridge in the town of Danvers to connect the commercial corridors
593   of the town of Danvers and the cities of Peabody and Salem to state highway route 128; provided
594   further, that not less than $1,250,000 shall be expended to the city of Beverly to renovate city
595   hall for infrastructure developments; provided further, that not less than $1,250,000 shall be
596   expended to the city of Salem for improvements at the Salem Ferry Terminal including, but not
597   limited to, passenger services, expanded operational capacity, leasable office space, training and
598   event areas and security and information technology office infrastructure; provided further, that
599   not less than $1,500,000 shall be expended to the executive office of housing and livable
600   communities for grants to local housing authorities and the vacant unit task force for vacant unit
601   turnover; provided further, that not less than $1,000,000 shall be expended to the Neponset River
602   Regional Chamber of Commerce to support small businesses in the towns of Dedham, Norwood,
603   Westwood and Walpole; provided further, that not less than $125,000 shall be expended to Hyde
604   Park Main Streets, Inc. for programs to support local businesses and promote local economic
605   development; provided further, that not less than $125,000 shall be expended to Centre/South
606   Main Streets, Inc. for programs to support local businesses and promote local economic
607   development; provided further, that not less than $125,000 shall be expended to Roslindale
608   Village Main Street, Inc. for programs to support local businesses and promote local economic
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609   development; provided further, that not less than $125,000 shall be expended to West Roxbury
610   Main Streets, Inc. for programs to support local businesses and promote local economic
611   development; provided further, that not less than $600,000 shall be expended to the town of
612   Bedford for infrastructure upgrades and sidewalk improvements in the downtown area; provided
613   further, that not less than $300,000 shall be expended to the town of Weston for the replacement
614   of aging water tanks; provided further, that not less than $335,000 shall be expended to the
615   Charles River Museum of Industry and Innovation, Inc. for facility and accessibility upgrades to
616   support local tourism and promote the industrial history of the United States; provided further,
617   that not less than $520,000 shall be expended to the city of Waltham for the historic restoration
618   of the interior and exterior of the blighted corn research laboratory building at the former farm
619   and field station owned by the University of Massachusetts for a museum, a learning lab and a
620   visitor center to honor Dr. Walton C. Galinat; provided further, that not less than $520,000 shall
621   be expended to the city of Waltham for exterior and interior renovations to emergency shelter
622   and housing for low-income individuals at the former Elks Lodge property located at the
623   intersection of Lexington street and School street; provided further, that not less than $600,000
624   shall be expended to the town of Chelmsford for sidewalk installation and drainage upgrades
625   along the Main street corridor from Groton road to School street; provided further, that not less
626   than $300,000 shall be expended to the town of Weston for the Winter street culvert repair
627   project; provided further, that not less than $600,000 shall be expended to the town of Carlisle
628   for walkability improvements to the Carlisle town center; provided further, that not less than
629   $600,000 shall be expended to the town of Concord for infrastructure improvements at the
630   Kenneth Dunn square intersection and the Pail Factory bridge; provided further, that not less
631   than $600,000 shall be expended to the town of Lexington for safety improvements on Adams
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632   street and along Massachusetts avenue; provided further, that not less than $300,000 shall be
633   expended for the New England Historic Genealogical Society for infrastructure and safety
634   improvements, including, but not limited, to spaces dedicated to the 10 Million Names Project to
635   research genealogical records of the 10 million people enslaved in the United States of America
636   between 1619 to 1865, inclusive; provided further, that not less than $200,000 shall be expended
637   to Bold Skin Babe Cosmetology Institute Inc to bridge gaps and increase access to education,
638   economic opportunity and entrepreneurship in the beauty and wellness industry through its
639   programs and offerings including, but not limited to, scholarships for low income students;
640   provided further, that not less than $5,000,000 shall be expended for the Lawrence Municipal
641   Airport in the town of North Andover for the study, design and construction of airport
642   improvements including, but not limited to, ground-based facilities designed to support the use
643   of electric vertical takeoff and landing aircraft, costs associated with the relocation and
644   construction of a new maintenance building and other infrastructure improvements; provided
645   further, that not less than $1,000,000 shall be expended to the city known as the town of
646   Winthrop for upgrades to the memorial gymnasium on Pauline street which may include, but
647   shall not be limited to, upgrades to the heating system, the windows and the gym floors; provided
648   further, that not less than $500,000 shall be expended to the city of Revere for the planning,
649   development, establishment, operation and support of a regional food hub; provided further, that
650   not less than $1,000,000 shall be expended to the town of Stow for the design, construction and
651   installation of the Sudbury road bridge and other related expenses; provided further, that not less
652   than $1,250,000 shall be expended to the city of Peabody for the expansion of the Torigian
653   senior center in the city of Peabody; provided further, that not less than $12,000,000 shall be
654   expended to the city of Framingham to support access to the Regional Justice Center and
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655   downtown revitalization, which shall include funding for the design, purchase, construction or
656   rehabilitation of a downtown parking garage; provided further, that not less than $250,000 shall
657   be expended to the town of Natick for the development and construction of a multi-use path
658   along state highway route 135 connecting to the West Natick commuter rail station; provided
659   further, that not less than $2,500,000 shall be expended to the city of Haverhill for upgrades to
660   sewer treatment infrastructure; provided further, that not less than $2,500,000 shall be expended
661   to the city of Haverhill to assist recovery efforts of the mill fire of April and May 2026; provided
662   further, that not less than $500,000 shall be expended to Arc Landing Boston, Inc. to support a
663   catalyst fund to assist in the growth of the health care industry and increase access to health
664   care; provided further, that not less than $1,000,000 shall be expended to the city of Fall River
665   for economic development and revitalization efforts in the Flint neighborhood and Pleasant street
666   corridor of the city; provided further, that not less than $5,000,000 shall be expended to the town
667   of Lakeville for the redevelopment of the site of the former Lakeville state hospital; and provided
668   further, that not less than $1,000,000 shall be expended to the town of Swansea for the
669   construction and installation of sewage lines …………………….....$221,983,000
670  7002-8088       For the University of Massachusetts at Lowell, for the center of excellence
671   in nuclear and fusion technology established in section 48 of chapter 75 of the General Laws to
672   fund the activities and research initiatives of the center and to provide grants and contracts
673   supporting nuclear fission and fusion research initiatives including, but not limited to, the
674   LIBRA ONE project as defined under said section 48 of said chapter 75; provided, that such
675   initiatives may include the design, construction and operation of experimental apparatus, the
676   procurement of specialized materials and equipment, personnel costs for researchers and
677   graduate students and associated administrative costs; and provided further, that the University
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678   of Massachusetts at Lowell shall administer funds, including grants and contracts, in this item
679   and may enter into contracts with other public and private institutions of higher education to
680   carry out the objectives of the center....................................................... $5,000,000
681  EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
682  7004-0096  For state financial assistance to be administered by the executive office of
683   housing and livable communities through a contract with the Massachusetts Housing Finance
684   Agency established in chapter 708 of the acts of 1966 in the form of grants, loans, subsidies,
685   credit enhancements and other financial assistance to support the acquisition, planning,
686   predevelopment, permitting, site preparation, construction, rehabilitation, redevelopment and
687   preservation of affordable and attainable year-round housing in municipalities designated as
688   seasonal communities pursuant to section 32 of chapter 23B of the General Laws; provided, that
689   eligible recipients shall include municipalities, municipal or regional year-round housing trust
690   funds, local or regional housing authorities and qualified nonprofit or for-profit housing
691   developers; provided further, that funds may be expended for infrastructure improvements
692   necessary to support such housing; provided further, that housing projects within projects that
693   receive financial assistance under this item shall be restricted to households with an income not
694   to exceed an amount to be determined by the secretary of housing and livable communities;
695   provided further, that the secretary may restrict housing to individuals who maintain primary
696   residence in a seasonal community for a period of not less than 10 months; and provided further,
697   that funds shall be distributed in a manner that promotes geographic equity among seasonal
698   communities ...................................................................... $10,000,000
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699  SECTION 4. Chapter 2 of the General Laws is hereby amended by adding the following
700   section:-
701  Section 66. The Massachusetts National Guard museum in the city of Salem, established
702   pursuant to section 140 of chapter 33, shall be the official military museum of the
703   commonwealth.
704  SECTION 5. Subclause (w) of clause Twenty-sixth of section 7 of chapter 4 of the
705   General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the
706   figure “90K”, in line 273, the following words:- and photographs, video or other images and
707   other personal identifying information collected under chapter 90L.
708  SECTION 6. Said section 7 of said chapter 4 is hereby further amended by striking out
709   clause Sixtieth, as so appearing, and inserting in place thereof the following clause:-
710  Sixtieth, “Age of criminal majority”, the age of 19.
711  SECTION 7. Section 116 of chapter 6 of the General Laws, as so appearing, is hereby
712   amended by adding the following paragraph:-
713  The committee shall create and make available specialized training and continuing
714   education for officers who conduct death investigations on the identification and investigation of
715   deaths that may be related to domestic violence. The training shall include, but not be limited to:
716   (i) the identification and detection of staged crime scenes; (ii) the engagement of
717   multidisciplinary teams in the investigation of deaths preceded by domestic violence; and (iii)
718   indicators of domestic homicide in suspicious death cases including, but not limited to: (A)
719   sudden or untimely death; (B) a history of domestic violence against the decedent including, but
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720   not limited to, coercive control, strangulation, suffocation or other life-threatening behavior; (C)
721   evidence that the decedent’s death followed the decedent or their intimate partner ending, or
722   intending to end, their relationship; (D) death in the decedent’s home or place of residence; (E)
723   an appearance of death due to suicide or accident at the scene; (F) discovery of the decedent’s
724   body by a current or former intimate partner; (G) evidence that the abuser, a child of the abuser
725   or a child of the decedent was the last person to see the decedent alive; (H) evidence that the
726   abuser had control of the scene of death before the arrival of law enforcement; and (I) evidence
727   of tampering with the scene of death.
728  SECTION 7A. Section 167 of said chapter 6, as so appearing, is hereby amended by
729   striking out, in line 38, 40 and 41, the figure “18” and inserting in place thereof, in each instance,
730   the following words:- “criminal majority”.
731  SECTION 8. Section 204 of said chapter 6, as so appearing, is hereby amended by
732   striking out, in lines 20 to 21, the words “but shall not serve for longer than 8 consecutive years”.
733  SECTION 9. Section 16I of chapter 6A of the General Laws, as so appearing, is hereby
734   amended by striking out, in line 13, the words “housing and”.
735  SECTION 10. Said section 16I of said chapter 6A, as so appearing, is hereby further
736   amended by striking out, in line 20, the word “community” and inserting in place thereof the
737   following word:- economic.
738  SECTION 11. Section 18 3/4 of said chapter 6A, as so appearing, is hereby amended by
739   adding the following paragraph:-
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740  (16) The secretary shall ensure that each agency and board within the executive office
741   and every house of correction and jail provide to the commissioner of probation all information
742   that is necessary to automate record sealing pursuant to sections 100A to 100B, inclusive, of
743   chapter 276.
744  SECTION 12. Chapter 7 of the General Laws is hereby amended by inserting after
745   section 4T the following section:-
746  Section 4U. Notwithstanding any general or special law to the contrary, the secretary, in
747   consultation with the deputy commissioner of local services and the secretary of housing and
748   livable communities, shall direct all departments, commissions, offices, boards, divisions,
749   institutions and other agencies administering discretionary or competitive grant programs for
750   which eligible recipients include municipalities or other public instrumentalities to establish a
751   preference modifier for applicants or prospective recipients that have zoning or land use policies
752   that encourage the production of housing sufficient to meet commonwealth housing goals as
753   determined by the executive office of housing and livable communities; provided, however, that
754   such polices may include, but shall not be limited to, as-of-right zoning capacity for multifamily
755   housing that provides opportunity to build housing in appropriate areas, the elimination of
756   parking minimums for residential use, the elimination of restrictive lot size requirements and
757   wastewater and wetlands standards that do not exceed state health or environmental standards. A
758   regional or other partnership of not less than 2 municipalities shall only be eligible for such
759   preference modifier if the applicable requirements in all included municipalities are met. The
760   executive office for administration and finance, in consultation with the executive office of
761   energy and environmental affairs, the director of rural affairs and the executive office of housing
762   and livable communities, shall issue guidelines to implement this section provided, however, that
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763   the guidelines may vary in accordance with the regional plans pursuant to section 5 of chapter
764   40B; and provided further, that the executive office for administration and finance shall solicit
765   and take into consideration feedback on the development of said guidelines at not less than 2
766   public hearings in geographically diverse areas of the commonwealth.
767  SECTION 13. Section 35FF of chapter 10 of the General Laws is hereby repealed.
768  SECTION 14. Section 3A of chapter 23A of the General Laws, as appearing in the 2024
769   Official Edition, is hereby amended by striking out the definition of “gateway municipality” and
770   inserting in place thereof the following definition:-
771  “Gateway municipality”, a municipality with: (i) a population of not less than 35,000 and
772   not more than 250,000; (ii) a median household income below the commonwealth’s average
773   median household income; and (iii) a rate of educational attainment of a bachelor’s degree or
774   higher that is below the commonwealth’s average.
775  SECTION 15. Said section 3A of said chapter 23A, as so appearing, is hereby further
776   amended by inserting after the definition of “retention project” the following definition:-
777  “Similarly situated community”, a municipality determined by the secretary of economic
778   development to be similarly situated to the gateway municipalities; provided, however, that the
779   municipality has either a median household income below the commonwealth’s average median
780   household income or a rate of educational attainment of a bachelor’s degree or higher that is
781   below the commonwealth’s average.
782  SECTION 16. Said chapter 23A is hereby further amended by inserting after section 3A
783   the following section:-
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784  Section 3A1/2. The executive office of economic development shall promulgate
785   regulations to determine the communities that meet the definitions of gateway municipality and
786   similarly situated community. The executive office shall publish and update an official list of
787   gateway municipalities and similarly situated communities not more than once every 3 years. A
788   community may petition the executive office to be deemed a gateway community; provided,
789   however, that if the executive office accepts the petition, the executive office shall immediately
790   update the official list of gateway municipalities.
791  SECTION 17. Section 5A of chapter 23B of the General Laws, as appearing in the 2024
792   Official Edition, is hereby amended by striking out the first paragraph and inserting in place
793   thereof the following paragraph:-
794  There shall be within the executive office a housing appeals committee which shall
795   consist of 5 persons to be appointed by the secretary, 1 of whom shall be an officer or employee
796   of the executive office or an agency or division within the executive office, and 2 persons to be
797   appointed by the governor, 1 of whom shall be a current or recent member of a select board and
798   1 of whom shall be a current or recent member of a city council or similar governing body of a
799   city. The members shall serve for terms of 2 years and the secretary shall designate the
800   chairperson. No member of the committee shall receive compensation for such services but shall
801   be reimbursed by the commonwealth for all reasonable expenses actually and necessarily
802   incurred in the performance of their official duties. The committee shall hear all petitions for
803   review filed under section 22 of chapter 40B and shall conduct hearings in accordance with rules
804   and regulations established by the secretary; provided, however, that the committee may hear
805   multiple petitions concurrently and any such petition shall be heard by at least 3 members, not
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806   less than 2 of whom shall have been appointed by the secretary and at least 1 of whom shall have
807   been appointed by the governor, as assigned by the chair.
808  SECTION 18. Said chapter 23B is hereby further amended by adding the following 2
809   sections:-
810  Section 37. (a) There is hereby established and set up on the books of the commonwealth
811   a separate non-budgeted special revenue fund, to be known as the Engaging Neighborhoods,
812   Organizations, Unions, Governments and Households Fund, which shall be administered by the
813   executive office of housing and livable communities. The fund shall be credited with: (i) revenue
814   from appropriations or other money authorized or transferred by the general court and
815   specifically designated to be credited to the fund; (ii) funds from public and private sources,
816   including, but not limited to, gifts, grants and donations and settlements received by the
817   commonwealth that are designated to be credited to the fund; and (iii) interest earned on such
818   revenues. Any unexpended balance in the fund at the end of a fiscal year shall remain available
819   for expenditure in subsequent fiscal years and shall not revert to the General Fund. No
820   expenditure shall be made from the fund that shall cause the fund to be in a deficit at any point.
821  (b) Monies in the fund shall be expended, without further appropriation, for the executive
822   office to fund grants under subsection (c) and support partner organizations receiving grants with
823   planning, operations and implementation of services. Monies in the fund may be used to provide
824   direct or third-party administrative support to grantees, including technical assistance, capacity
825   building and program evaluation.
826  (c) The executive office of housing and livable communities shall develop a grant
827   program to support community-driven, place-based strategies and programs aimed at reducing
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828   poverty and increasing community health, safety and well-being. The grant program shall
829   support collaborative efforts to improve outcomes and opportunities for children and families
830   living in the state’s most distressed neighborhoods and to transform those communities by
831   aligning housing and community development investments with access to a community-based
832   continuum of high-quality education, services, enrichment and practices based on the best
833   available evidence that will address needs from birth through college and career; and shall
834   include, but not be limited to: (i) reducing concentrated poverty and expanding economic
835   opportunity for people with low incomes; (ii) providing cradle-to-career access to high-quality
836   education, training and care; (iii) connecting residents to jobs and in-demand occupations; (iv)
837   enabling access to quality early education and care, affordable housing and health care, including
838   reproductive, maternal, behavioral and mental health care; (v) providing support for vulnerable
839   populations such as people with disabilities, justice-involved youth and adults, and families
840   involved with the child welfare system; (vi) connecting individuals and families to appropriate
841   benefits and support programs; and (vii) supporting students in attending and succeeding in K-12
842   school environments through the expansion of integrated student support services and
843   enrichment programs. In developing and administering the grant program, the executive office
844   may consult with individuals that have expertise as subject matter experts, providers or people
845   with lived experience in a wide array of issues and areas that affect people in poverty.
846  (d) To be eligible for the grant program established under subsection (b), entities shall
847   form place-based partnerships shall include, but shall not be limited to: (i) non-profit
848   organizations; (ii) institutions of higher education; (iii) public schools; (iv) school districts; (v)
849   municipalities; and (vi) community-based organizations.
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850  (e) The executive office of housing and livable communities shall develop a transparent
851   and competitive process for the awarding of grants. The executive office shall prioritize
852   applicants serving communities that have experienced long-term economic distress, have
853   demonstrated a commitment to cross-sector collaboration and partnerships and show
854   demonstrated engagement with community stakeholders and people with lived experience in
855   their proposal.
856  (f) Grants shall be provided through the following tracks: (i) 1-year partnership
857   development grants, which shall establish the foundation for proposed place-based strategy; two-
858   year plan development grants, which shall use a formal partnership structure to conduct a shared
859   community needs assessment to develop comprehensive action plans; and (iii) 2-to-4-year
860   implementation grants, which shall launch approved action plans, leverage additional funding
861   streams, conduct progress monitoring and continuous quality improvement. Implementation
862   grants may be extended up to two years after the initial grant cycle provided accountability and
863   data supports grant extension.
864  (g) Annually, not later than October 1, the executive office of housing and livable
865   communities shall submit a report to the governor, the clerks of the senate and house of
866   representatives and the senate and house committees on ways and means on the administration of
867   the Engaging Neighborhoods, Organizations, Unions, Governments and Households Fund,
868   which shall include, but not be limited to: (i) grant recipients and amounts received; (ii) the
869   expenditures made from the fund; (iii) the anticipated funding obligation for the next fiscal year;
870   and (iv) summaries of funded projects. The report shall be made publicly available on the
871   executive office’s website.
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872  Section 38. There shall be an engaging neighborhoods, organizations, unions,
873   governments and households (ENOUGH) fund advisory committee, the function of which shall
874   be advisory to the executive office of housing and livable communities in connection with the
875   management, operation and awarding of the fund. The committee shall consist of the following
876   members: the secretary of housing and livable communities or a designee; the secretary of
877   health and human services or a designee; the secretary of education or a designee; the secretary
878   of economic development or a designee; the secretary of labor and workforce development or a
879   designee; the secretary of transportation or a designee; the commissioner of t transitional
880   assistance or a designee; the president of the Massachusetts Development Finance Agency or a
881   designee; the director of rural affairs or a designee; 8 members to be appointed by the governor
882   who shall collectively have expertise as subject matter experts, providers or people with lived
883   experience in a wide array of issues and areas that affect people in poverty, including but not
884   limited to cash benefits and other income supports, tax credits and tax assistance, asset
885   development and wealth building, early education and out-of-school time, K-12 education
886   including vocational education, higher education, workforce development and skills training,
887   labor unions and apprenticeships, immigration and refugee settlement, housing and
888   homelessness, nutrition and food security, public health, maternal health and infant support, early
889   intervention, transportation, environmental justice, health care, behavioral and mental health
890   care, trauma-sensitive intervention and violence prevention, social services, child welfare, digital
891   equity, justice-involved and re-entry services, legal services, and services for special populations
892   such as children and adults with disabilities, the LGBTQIA+ community, veterans, elders, and
893   youth aging out of foster care. All members shall be appointed for a term of 5 years, may be
894   reappointed, and shall serve without compensation, but may be reimbursed from the fund for
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895   ordinary and reasonable in-state travel expenses. The committee may meet as often as the
896   members may determine, but shall meet at least bi-annually, or at such other intervals as may be
897   established by the agency in order to advise the agency or such other qualified organization with
898   which the agency contracts, with respect to the fund and to make any advisory recommendations
899   with respect thereto to the agency. All grant applications recommended by the executive office
900   of housing and livable communities shall be reviewed and approved in consultation with the
901   advisory committee.
902  SECTION 19. The definition of “Cultural facility” in subsection (b) of section 42 of
903   chapter 23G of the General Laws, as appearing in the 2024 Official Edition, is hereby amended
904   by striking out the second and third sentences and inserting in place thereof the following
905   sentence:- The term cultural facility may include, but shall not be limited to, museums, historical
906   sites, zoos, aquariums, nature or science centers, theaters, concert halls, exhibition spaces,
907   classrooms and auditoriums suitable for presentation of performing or visual arts; provided,
908   however, that municipally-owned buildings, structures or sites shall have not less than 50 per
909   cent of their usable floor area or outside space dedicated to such use to qualify under this
910   definition.
911  SECTION 20. Section 5 of chapter 23I of the General Laws, as so appearing, is hereby
912   amended by striking out, in line 37, the figure “3F” and inserting in place thereof the following
913   figure:- 3C.
914  SECTION 21. Subsection (b) of said section 5 of said chapter 23I, as so appearing, is
915   hereby amended by adding the following 2 sentences:- The decision by the center to certify or
916   deny certification of a life sciences company and the decision to award or deny any incentives
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917   pursuant to subsections (c) or (d) including, but not limited to, the amount of such award and any
918   conditions or limitations on such authorization, shall be decisions that are at the sole discretion of
919   the center. Such decision by the center shall be final and shall not be subject to administrative
920   appeal or judicial review pursuant to chapter 30A or give rise to any other cause of action or
921   legal or equitable claim or remedy.
922  SECTION 22. Said section 5 of said chapter 23I, as so appearing, is hereby further
923   amended by striking out subsection (d) and inserting in place thereof the following subsection:-
924  (d)(1) There shall be a life sciences tax incentive program. The center, in consultation
925   with the department, may authorize incentives, including incentives carried forward or refunded
926   pursuant to subsections (m), (n) and (r) of section 6 of chapter 62, paragraph 17 of section 30 of
927   chapter 63, the second time it appears, section 31M of said chapter 63, the second time it
928   appears, paragraph 6 of subsection (f) of section 38 of said chapter 63, subsection (k) of section
929   38M of said chapter 63, section 38U of said chapter 63, section 38V of said chapter 63, section
930   38W of said chapter 63, section 38CC of said chapter 63, the second paragraph of subsection (c)
931   of section 42B of said chapter 63 and subsection (xx) of section 6 of chapter 64H in a cumulative
932   amount, including the current year cost of incentives allowed in previous years, that shall not
933   exceed $40,000,000 annually. The center may authorize incentives to a life sciences company
934   that spans multiple years if the total amount of incentives due to be taken in any single calendar
935   year does not exceed the applicable cap. The center shall determine the amount and type of any
936   such incentive to authorize and the schedule on which those incentives may be claimed. The
937   center may, in consultation with the department, limit any incentive to a specific dollar amount
938   or time duration or in any other manner deemed appropriate by the department; provided,
939   however, that the department shall only allocate any such incentives among commonwealth
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940   certified life sciences companies pursuant to subsection (b) and shall award such tax incentives
941   pursuant to subsection (c).
942  The center shall provide an estimate to the secretary of administration and finance of the
943   tax cost of extending benefits to a proposed project before certification, as approved by the
944   commissioner of revenue, based on reasonable projections of project activities and costs. Tax
945   incentives shall not be available to a certified life sciences company unless expressly granted by
946   the secretary of administration and finance in writing.
947  (2) When authorizing incentives pursuant to subsection (d), the center shall require the
948   certified life sciences company to execute a written agreement setting forth the terms and
949   conditions on which the tax credits may be claimed. Such written agreement shall set forth the
950   company’s permanent new or retained full-time employees, commitments over 1 or more years,
951   set forth a schedule on which the credits may be claimed and other such terms or conditions as
952   the center may in its discretion require. Such agreement may also, at the center’s discretion, limit
953   or restrict the right of the certified life sciences company to carry unused tax credits forward to
954   subsequent tax years.
955  SECTION 23. Subsection (e) of said section 5 of said chapter 23I, as so appearing, is
956   hereby amended by striking out paragraphs (1) and (2) and inserting in place thereof the
957   following 2 paragraphs:-
958  (1) Certification granted pursuant to subsection (b) shall be valid starting with the tax
959   year in which certification is granted. Each certified life sciences company shall file an annual
960   report with the center certifying whether the company has achieved the job commitments, met
961   the specific targets established in the proposal pursuant to subclause (A) of clause (i) of
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962   subsection (b) and other material obligations or representations set forth in the written agreement
963   pursuant to paragraph (2) of subsection (d).
964  (2) The certification of a life sciences company may be revoked by the center after an
965   investigation and determination that representations made by the certified life sciences company
966   in its certification proposal or written agreement pursuant to paragraph (2) of subsection (d) are
967   materially at variance with the conduct of the life sciences company after receiving certification;
968   provided, however, that the center shall review the certified life sciences company at least
969   annually; provided further, that the center shall have the discretion to determine whether the
970   material variance shall result in revocation of a project certification, taking into account: (i) the
971   conduct of the certified life sciences company subsequent to the project certification; (ii) the
972   extent to which the material variance is the result of unforeseen conditions that are outside the
973   control of the certified life sciences company; and (iii) other considerations as the center shall
974   establish by policy. If center revokes certification of a life sciences company, the center shall
975   provide its reasons for the decision in writing to the secretary of administration and finance, the
976   commissioner of revenue and the clerks of the house of representatives and the senate, who shall
977   forward the same to the house and senate committees on ways and means, the joint committee on
978   revenue and the joint committee on economic development and emerging technologies. The
979   center shall post these reasons on the internet for public access.
980  SECTION 24. Said subsection (e) of said section 5 of said chapter 23I, as so appearing, is
981   hereby further amended by striking out paragraph (4) and inserting in place thereof the following
982   2 paragraphs:-
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 983  (4) In connection with an award of refundable jobs credits pursuant to subsection (r) of
 984   section 6 of chapter 62 or section 38CC of chapter 63, if the center finds that the certified life
 985   sciences company is in material variance with the terms of the written agreement entered into
 986   under paragraph (2) of subsection (d), the center may rescind tax credits awarded but not yet
 987   claimed and request that the department recapture tax credits already claimed. The center may
 988   provide the company with reasonable opportunity to cure the material variance and rescind or
 989   recapture tax credits in proportion to the company’s compliance, as determined by the center.
 990   Tax credits shall be rescinded or recaptured by sending a written notice to the certified life
 991   sciences company and the department. Where applicable, the department shall recapture tax
 992   credits in accordance with subsection (r) of section 6 of chapter 62 or section 38CC of chapter
 993   63.
 994  (5) Nothing in this subsection shall limit any legal remedies available to the
 995   commonwealth against any certified life sciences company.
 996  SECTION 25. Said section 5 of said chapter 23I, as so appearing, is hereby further
 997   amended by striking out, in lines 149 and 150, the word “independent”.
 998  SECTION 26. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby
 999   amended by striking out the definition of “Fund” and inserting in place thereof the following
1000   definition:-
1001  “Fund”, the Climatetech Investment Fund established in section 15.
1002  SECTION 27. Said section 1 of said chapter 23J, as so appearing, is hereby further
1003   amended by striking out the definition of “Trust fund.”
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1004  SECTION 28. Section 2 of said chapter 23J, as so appearing, is hereby amended by
1005   striking out, in lines 13 to 15, inclusive, the words “, in collaboration with the Massachusetts
1006   Renewable Energy Trust Fund established in section 4E of chapter 40J, in” and inserting in place
1007   thereof the following word:- in.
1008  SECTION 29. Subsection (e) of said section 2 of said chapter 23J, as so appearing, is
1009   hereby amended by striking out the second paragraph.
1010  SECTION 30. Section 3 of said chapter 23J, as so appearing, is hereby amended by
1011   striking out, in lines 65 and 66, the words “Massachusetts Alternative and Clean Energy
1012   Investment Trust Fund” and inserting in place thereof the following word:- fund.
1013  SECTION 31. Subsection (a) of said section 3 of said chapter 23J, as so appearing, is
1014   hereby amended by striking out paragraph (26).
1015  SECTION 32. Said subsection (a) of said section 3 of said chapter 23J, as so appearing, is
1016   hereby further amended by striking out paragraph (31).
1017  SECTION 33. Section 5 of said chapter 23J, as so appearing, is hereby amended by
1018   striking out, in lines 16 to 19, inclusive, the words “and the trust fund over the previous fiscal
1019   year, the ability of the fund to meet the requirements in section 35FF of chapter 10 and the
1020   ability of the trust fund to meet the requirements in section 9” and inserting in place thereof the
1021   following words:- over the previous fiscal year, the ability of the fund to meet the requirements
1022   in section 15.
1023  SECTION 34. Section 9 of said chapter 23J is hereby repealed.
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1024  SECTION 35. Section 11 of said chapter 23J, as appearing in the 2024 Official Edition, is
1025   hereby amended by striking out, in lines 2 and 3, the words “the fund and the trust fund” and
1026   inserting in place thereof the following words:- any trust funds administered by the center under
1027   this chapter.
1028  SECTION 36. Section 15 of said chapter 23J, as so appearing, is hereby amended by
1029   striking out, in line 6, the words “and (iii)” and inserting in place thereof the following words:-
1030   (iii) all amounts collected under section 20 of chapter 25; and (iv).
1031  SECTION 37. Subsection (b) of section 16 of said chapter 23J, as so appearing, is hereby
1032   amended by adding the following 2 sentences:- The decision by the center to certify or deny
1033   certification of a climatetech company and the decision to award or deny any incentives pursuant
1034   to subsection (d) including, but not limited to, the amount of such award and any conditions or
1035   limitations on such authorization shall be decisions that are in the sole discretion of the center.
1036   Such decision by the center shall be final and shall not be subject to administrative appeal or
1037   judicial review under chapter 30A and shall not give rise to any other cause of action or legal or
1038   equitable claim or remedy.
1039  SECTION 38. Subsection (c) of said section 16 of said chapter 23J, as so appearing, is
1040   hereby amended by striking out paragraph (1) and inserting in place thereof the following
1041   paragraph:-
1042  (1) Certification granted pursuant to subsection (b) shall be valid starting with the tax
1043   year in which certification is granted. Each certified climatetech company shall file an annual
1044   report with the center certifying whether the company has achieved the job commitments, met
1045   the specific targets established in the proposal pursuant to clause (i) of subsection (b) and, if not,
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1046   detailing its progress towards those targets, and other material obligations or representations set
1047   forth in the written agreement pursuant to paragraph (3) of subsection (d).
1048  SECTION 39. Said section 16 of said chapter 23J, as so appearing, is hereby further
1049   amended by inserting after the word “proposal”, in line 56, the following words:- or written
1050   agreement pursuant to paragraph (3) of subsection (d).
1051  SECTION 40. Subsection (c) of said section 16 of said chapter 23J, as so appearing, is
1052   hereby amended by striking out paragraph (3) and inserting in place thereof the following 2
1053   paragraphs:-
1054  (3) In connection with an award of refundable jobs credits pursuant to subsection (hh) of
1055   section 6 of chapter 62 or section 38TT of chapter 63, if the center finds the certified climatetech
1056   company is in material noncompliance with the terms of the written agreement entered into
1057   under paragraph (3) of subsection (d) then the center may rescind tax credits awarded but not yet
1058   claimed, and request that the department recapture tax credits already claimed; provided,
1059   however, that the center may provide the certified climatetech company with reasonable
1060   opportunity to cure the material noncompliance and to rescind or recapture tax credits in
1061   proportion to the certified climatetech company’s compliance as determined by the center. Tax
1062   credits shall be rescinded or recaptured by sending a written notice to the certified climatetech
1063   company and the department. Where applicable, the department shall recapture tax credits in
1064   accordance with said subsection (hh) of said section 6 of said chapter 62 or said section 38TT of
1065   said chapter 63.
1066  (4) Nothing in this subsection shall limit any legal remedies available to the
1067   commonwealth against a certified climatetech company.
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1068  SECTION 41. Subsection (d) of said section 16 of said chapter 23J, as so appearing, is
1069   hereby amended by striking out paragraph (1) and inserting in place thereof the following
1070   paragraph:-
1071  (1) The center, in consultation with the department of revenue, may authorize incentives,
1072   including those established in subsections (gg) and (hh) of section 6 of chapter 62, subsection (k)
1073   of section 38M of chapter 63, section 38RR of said chapter 63, section 38SS of said chapter 63,
1074   section 38TT of said chapter 63, the second paragraph of subsection (c) of section 42B of said
1075   chapter 63 and subsection (yy) of section 6 of chapter 64H, that shall not exceed $30,000,000
1076   annually. The center may authorize incentives to a certified climatetech company that spans
1077   multiple years if the total amount of incentives due to be taken in any single calendar year does
1078   not exceed the applicable cap; provided, however, that the center shall determine the amount and
1079   type of any such incentive authorized and the schedule on which such incentives may be
1080   claimed. The center, in consultation with the department of revenue, may limit the incentives to a
1081   specific dollar amount, for a specific period of time or in any other manner deemed appropriate
1082   by the department of revenue; provided, however, that the department of revenue shall only
1083   allocate the incentives among certified climatetech companies.
1084  SECTION 42. Said subsection (d) of said section 16 of said chapter 23J, as so appearing,
1085   is hereby further amended by adding the following paragraph:-
1086  (3) When authorizing incentives pursuant to this subsection, the center shall require the
1087   certified climatetech company to execute a written agreement setting forth the terms and
1088   conditions on which the tax credits may be claimed. Such written agreement shall set forth the
1089   certified climatetech company’s permanent new or retained full time employees, commitments
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1090   over 1 or more years, set forth a schedule on which the credits may be claimed and other such
1091   terms or conditions as the center may in its discretion require; provided, however, that such
1092   agreement may, at the center’s discretion, limit or restrict the right of the certified climatetech
1093   company to carry unused tax credits forward to subsequent tax years.
1094  SECTION 43. Said chapter 23J is hereby further amended by adding the following
1095   section:-
1096  Section 17. (a) Unless otherwise provided, the words used in this section shall have the
1097   meanings ascribed to them in section 1 of chapter 164.
1098  (b) For purposes of this section, “gridtech solution” shall mean novel technologies, novel
1099   applications of technologies and other innovative approaches including, but not limited to, novel
1100   retail rate designs, distributed energy resource wiring configurations or customer energy
1101   solutions.
1102  (c) There shall be a gridtech deployment advisory board, which shall be tasked with: (i)
1103   exploring opportunities for public-private partnerships to test or deploy at scale gridtech; (ii)
1104   facilitating connections between gridtech companies and relevant distribution companies; and
1105   (iii) identifying and proposing solutions to barriers in the existing practices of an electric
1106   company or the department of public utilities; provided, however, that such solutions are
1107   permissible under state law. The advisory board shall prioritize, where appropriate, the
1108   deployment of gridtech that reduce electric distribution and transmission grid costs and support
1109   achievement of the statewide greenhouse gas emissions limits and sublimits under chapter 21N.
1110  (d) The board established pursuant to subsection (c) shall be comprised of the chief
1111   executive officer of the Massachusetts clean energy technology center, or their designee, the
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1112   commissioner of energy resources, or their designee, the chair of public utilities, or their
1113   designee, the secretary of the executive office of economic development, or their designee, 1 of
1114   whom shall be a representative from the body established under chapter 40G, 1 of whom shall be
1115   a representative from each electric company 1 of whom shall be a representative from the
1116   Massachusetts Municipal Wholesale Electric Company, 1 of whom shall be a representative
1117   from a municipal electric distribution company or an organization that represents municipal
1118   electric distribution companies and 3 of whom representatives from organizations involved or
1119   familiar with the development, financing or implementation of gridtech solutions. The board
1120   shall be co-chaired by the chief executive officer of the Massachusetts clean energy technology
1121   center, or their designee, and a member of an electric company serving on the advisory board.
1122   All representatives shall, unless otherwise provided, be appointed by the chief executive officer
1123   of the Massachusetts clean energy technology center.
1124  (e) The electric companies shall file for review and approval with the department of
1125   public utilities any process approved by the board to review, on an expedited basis, requests for
1126   limited waivers of prior department orders that will alleviate gridtech deployment barriers.
1127  (f) The department shall approve any process filed under subsection (e) if it determines
1128   that such process is in the public interest, including but not limited to reducing electric grid costs
1129   and supporting achievement of the statewide greenhouse gas emissions limits and sublimits
1130   under chapter 21N.
1131  (g) Annually, the board shall identify barriers to the deployment of discrete gridtech
1132   technologies and applications in existing utility practices and orders issued by the department of
1133   public utilities and potential solutions to those barriers and, as applicable, limited waivers of
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1134   department orders to alleviate the identified barriers. The electric companies shall seek approval
1135   from the department of any limited waivers identified and approved by the board so long as they
1136   are consistent with the process approved by the department under subsection (f).
1137  (h) Nothing in this section shall preclude members of the board from testing, funding or
1138   scaling gridtech solutions outside of the processes outlined in this section.
1139  SECTION 44. Section 20 of chapter 25 of the General Laws, as appearing in the 2024
1140   Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
1141   the following subsection:-
1142  (a) The department shall require a mandatory charge of 0.5 mill per kilowatt-hour for all
1143   electricity consumers, except those served by a municipal lighting plant which does not supply
1144   generation service outside its own service territory or does not open its service territory to
1145   competition at the retail level. All revenues generated by the mandatory charge shall be
1146   deposited into and expended in a manner consistent with the requirements of the Climatetech
1147   Investment Fund, established under section 15 of chapter 23J.
1148  SECTION 45. Said section 20 of said chapter 25, as so appearing, is hereby further
1149   amended by striking out, in line 22, the words “Massachusetts Renewable Energy Trust” and
1150   inserting in place thereof the following words:- Climatetech Investment Fund.
1151  SECTION 46. Said section 20 of said chapter 25, as so appearing, is hereby further
1152   amended by inserting after the word “from”, in line 24, the following words:- revenues from
1153   mandatory charges held by.
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1154  SECTION 47. Said section 20 of said chapter 25, as so appearing, is hereby further
1155   amended by striking out, in line 28, the word “collaborative” and inserting in place thereof the
1156   following words:- Massachusetts clean energy technology center.
1157  SECTION 48. Section 2EEEEEE of chapter 29 of the General Laws, as so appearing, is
1158   hereby amended by striking out, in line 73, the words “and (iii)” and inserting in place thereof
1159   the following words:- (iii) protecting the commonwealth from the elimination, reduction or
1160   material delay of federal funds upon a determination by the secretary that the elimination,
1161   reduction or material delay of such federal funds would materially impact public health, safety or
1162   welfare or the fiscal stability of the commonwealth or any of its political subdivisions, in
1163   accordance with guidance issued by the executive office for administration and finance; (iv)
1164   improving the financial stability of hospitals and community health centers in the commonwealth
1165   that provide health care to low-income, uninsured or underinsured residents, including by
1166   transferring any amounts in the fund to the Health Safety Net Trust Fund established in section
1167   66 of chapter 118E, in accordance with guidance issued by the executive office for
1168   administration and finance in consultation with the executive office of health and human
1169   services; (v) funding pay-as-you-go capital for any capital project or program up to the amount
1170   otherwise authorized by the general court for such project or program in chapter 238 of the acts
1171   of 2024, in accordance with guidance issued by the executive office for administration and
1172   finance; and (vi).
1173  SECTION 49. Said chapter 29 is hereby further amended by inserting after section
1174   2NNNNNN the following section:-
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1175  Section 2OOOOOO. (a) There shall be established and set up on the books of the
1176   commonwealth a Crumbling Concrete Assistance Fund which shall be administered by the
1177   secretary of housing and livable communities. Amounts credited to the fund shall be expended,
1178   without further appropriation, to: (i) provide financial assistance to owners of residential real
1179   property for the repair or replacement of concrete foundations of such residential real property
1180   that have deteriorated due to the presence of pyrite or pyrrhotite; (ii) minimize negative fiscal
1181   impacts on municipalities in which such property is located; and (iii) reimburse owners of
1182   residential real property that present satisfactory evidence, as determined by the secretary, that
1183   said owners have paid for and replaced their concrete foundation that deteriorated due to the
1184   presence of pyrite or pyrrhotite prior to the establishment of the fund; provided, however, that
1185   the reimbursement shall not exceed the funding the owner would have received had they applied
1186   for financial assistance through the fund. The secretary shall seek to maximize available federal
1187   reimbursements for money spent from the fund.
1188  The fund shall be credited with: (i) appropriations or other money authorized by the
1189   general court and specifically designated to be credited to the fund; (ii) funds from public and
1190   private sources, including, but not limited to, gifts, grants, donations and settlements received by
1191   the commonwealth that are specifically designated to be credited to the fund; (iii) federal funds
1192   received under subsection (b); and (iv) interest earned on the assets of the fund. Any balance in
1193   the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years
1194   and shall not be transferred to any other fund or revert to the General Fund.
1195  (b) The secretary of housing and livable communities may apply for, receive and deposit
1196   into the fund any federal funds, including, but not limited to, funds made available by the United
1197   States Department of Housing and Urban Development Section 108 Loan Guarantee program.
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1198  (c) Amounts issued from the fund to impacted homeowners for the repair or replacement
1199   of concrete foundations that have deteriorated due to the presence of pyrite or pyrrhotite shall be
1200   exempt from taxation under chapter 62.
1201  (d) Annually, not later than June 1, the secretary of housing and livable communities
1202   shall report on the activities of the fund from the previous calendar year to the clerks of the
1203   senate and house of representatives, the senate and house committees on ways and means, the
1204   joint committee on environment and natural resources and the joint committee on housing.
1205  (e) The secretary of housing and livable communities shall promulgate regulations or
1206   issue other guidance to set rules for the expenditure of the funds under this section.
1207  SECTION 50. Chapter 30A of the General Laws is hereby amended by inserting after
1208   section 20 the following section:-
1209  Section 20A. (a) For the purposes of this section, “adequate, alternative means of public
1210   access” shall mean measures that provide transparency and permit timely and effective public
1211   access to a hybrid public meeting of a public body, including, but not limited to, providing public
1212   access through telephone, internet or satellite enabled audio or video conferencing or any other
1213   technology that enables the public to clearly follow the proceedings of the meeting while the
1214   proceedings are occurring.
1215  (b) A public body may allow remote participation by any member for any meeting of the
1216   public body; provided, however, that: (i) if any member participates remotely, all votes taken
1217   shall be recorded as roll call votes; (ii) in a meeting conducted with a quorum of members
1218   participating both in person and remotely, voice votes may be taken upon a motion of the chair
1219   and a 2/3 roll call vote in the affirmative of the members present in the meeting; (iii) all members
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1220   of a public body participating in the meeting, whether in person or remotely, shall be clearly
1221   audible; and (iv) for any meeting conducted with remote participation, the public body shall
1222   ensure that any party entitled to or required to appear before it may participate remotely.
1223  (c) Members participating remotely in a meeting may vote and shall be considered
1224   present and in attendance for all purposes, including, but not limited to, for purposes of
1225   determining a quorum and for the purposes of section 23D of chapter 39.
1226  (d) For any meeting conducted with remote participation, the public body shall make
1227   provisions to ensure adequate, alternative means of public access to the deliberations of the
1228   public body for interested members of the public; provided, however, that documents used for
1229   any such meeting shall be made available to the public before or at the time of the meeting;
1230   provided further, that for any such meeting where real-time participation by members of the
1231   public is permitted by any general or special law, charter, ordinance or by-law, adequate,
1232   alternative means of public access shall be provided to permit such remote participation; and
1233   provided, further, that a public body shall offer its selected adequate, alternative means of public
1234   access to meetings with remote participation without subscription, toll or similar charge to the
1235   public.
1236  (e) The chief executive officer of a municipality shall develop, and the executive body of
1237   the municipality shall adopt standards and guidelines for remote participation prior to any
1238   meeting with remote participation held pursuant to this section; provided, however, that public
1239   bodies that are not a department or subdivision of a city or town shall adopt standards and
1240   guidelines for remote participation prior to any meeting with remote participation held pursuant
1241   to this section.
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1242  SECTION 51. Section 23 of said chapter 30A, as appearing in the 2024 Official Edition,
1243   is hereby amended by striking out subsection (b) and inserting in place thereof the following
1244   subsection:-
1245  (b)(1) An individual may file a complaint with a public body alleging violation of the
1246   open meeting law; provided, however, that the complaint:
1247  (i) reasonably describes the circumstances constituting the alleged violation;
1248  (ii) is filed with the public body within 20 business days of the date of the alleged
1249   violation;
1250  (iii) includes the postal mail and, where available, the electronic contact information of
1251   the individual filing the complaint; and
1252  (iv) is signed by the individual filing the complaint either in ink or in compliance with
1253   chapter 110G.
1254  (2) Complaints shall be deemed received: (i) if filed by electronic mail, on the business
1255   day of submission if submitted by 4:00 p.m. or otherwise on the next business day; or (ii) 3 days
1256   after mailing via first class postal mail.
1257  (3) A public body must meet to review and respond to a complaint not later than 14
1258   business days after receipt thereof, confirm receipt of the complaint and identify any remedial
1259   actions taken or intended to be taken by the public body in response to the complaint; provided,
1260   however, that if a complainant files more than 12 complaints with the same public body within
1261   the same calendar year, or a complaint is otherwise unduly burdensome, the public body may file
1262   a petition with the attorney general seeking relief from the obligation to respond to the
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1263   complaint. In determining whether to grant any such requested order requiring the public body to
1264   respond to the complaint, the attorney general may consider: (i) the previous record of
1265   compliance or non-compliance by the public body; (ii) the burden placed on the public body in
1266   responding to the complaint; (iii) any evidence of harassment or intimidation on the part of the
1267   complaints; (iv) the facts of the alleged violation; and (v) the number of complaints filed against
1268   the public body or other public bodies within the municipality. The attorney general may
1269   authorize an extension of time to the public body for the purpose of taking remedial action upon
1270   the written request showing good cause by the public body to grant the extension.
1271  (4) The public body shall, within 14 business days of receipt of a complaint, unless
1272   granted an extension of time pursuant to paragraph (3), send a copy of the complaint to the
1273   attorney general and notify the attorney general of any remedial action.
1274  (5) Any remedial action taken pursuant to paragraph (3) shall not be admissible as
1275   evidence against the public body in any subsequent administrative or judicial proceeding related
1276   to the alleged violation.
1277  SECTION 52. Said section 23 of said chapter 30A, as so appearing, is hereby further
1278   amended by inserting after the word “a”, in line 19, the following words:- petition for review of
1279   an open meeting law.
1280  SECTION 53. Chapter 39 of the General Laws is hereby amended by inserting after
1281   section 10A the following section:-
1282  Section 10B. (a) In a town having a representative town meeting form of government, the
1283   town moderator may request that the select board authorize remote participation for a town
1284   meeting. Such a request by the moderator to the select board shall be in writing and shall include,
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1285   but not be limited to: (i) the moderator’s request to incorporate remote participation in 1 or more
1286   upcoming town meetings; (ii) the technology platform the moderator has identified for remote
1287   participation in town meeting; (iii) confirmation that the moderator has consulted with the local
1288   disability commission or coordinator for compliance with the federal Americans with Disabilities
1289   Act; and (iv) certification that: (A) the moderator has tested the remote participation method; and
1290   (B) the remote participation method satisfactorily enables the town meeting to be conducted in
1291   substantially the same manner as if the meeting occurred in-person and in accordance with the
1292   operational and functional requirements set forth in this section.
1293  (b)(1) A decision to authorize remote participation for a town meeting shall be made by a
1294   select board not later than 10 business days prior to the town meeting or not later than 10
1295   business days following receipt of a written request by the moderator, whichever is earlier.
1296  (2) Not later than 3 business days following a decision to authorize remote participation
1297   for a town meeting, the select board shall issue adequate notice, pursuant to this paragraph, of a
1298   remote participation option to all town meeting members, known interested parties with business
1299   before the town meeting, and the public, consistent with applicable local rules and practices
1300   governing such notice; provided, however, that the notice shall include, but not be limited to, the
1301   date and time of the meeting and information necessary to request remote participation access,
1302   consistent with subsection (d); and provided further, that the notice shall be accompanied by the
1303   written request of the moderator submitted under subsection (a) and filed and posted in
1304   accordance with subsection (b) of section 10A of chapter 39.
1305  (c) A remote participation method used by a town meeting for remote participation under
1306   this section shall: (i) strictly limit voting to only those confirmed by the town clerk to be eligible
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1307   to vote at that meeting; provided, however, that each person deemed eligible to vote shall be
1308   provided with appropriate physical or technological participation credentials designed to allow
1309   remote participation of all eligible voters, establish regularity in administration and minimize
1310   inaccurate results or fraud; and (ii) enable:
1311  (A) the moderator, town meeting members, town officials and any other interested parties
1312   to identify and hear the moderator and each speaker recognized by the moderator, whether
1313   participating remotely or in person;
1314  (B) the moderator to determine whether a quorum is present;
1315  (C) a town meeting member, town official or other individual authorized to participate in
1316   the meeting to request recognition by the moderator without prior authorization, consistent with
1317   applicable town meeting rules, bylaws, ordinances, charter or special acts; provided, however,
1318   that to the extent technologically feasible, the request shall be visible or audible to the town
1319   meeting members and the public in real time and upon review of the recording of the town
1320   meeting proceedings, consistent with clause (H);
1321  (D) the moderator to determine when a town meeting member or other individual wishes
1322   to be recognized to speak, make a motion, raise a point of order or object to a request for
1323   unanimous consent, whether participating remotely or in person;
1324  (E) the moderator to recognize a town meeting member, town official or other individual
1325   to speak and to enable that person to speak, whether participating remotely or in person;
1326  (F) the moderator to conduct a recorded roll call vote; provided, however, that all roll call
1327   votes shall be kept with the minutes of the meeting and preserved in accordance with clause (H);
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1328  (G) any interested members of the public to access the meeting remotely for purposes of
1329   witnessing the deliberations and actions taken at the town meeting, consistent with applicable
1330   town meeting rules, bylaws, ordinances, charter or special acts; and
1331  (H) the town meeting to be recorded; provided, however, that the recording shall be
1332   preserved and made publicly available on the town’s website for not less than 90 days after the
1333   dissolution of the town meeting and until the official minutes of the meeting have been prepared
1334   by the town clerk.
1335  (d) An individual seeking to participate remotely in a town meeting shall submit a remote
1336   participation request to the town clerk not less than 48 hours in advance of the meeting;
1337   provided, however, that upon receipt of the request and verification of the requester’s eligibility
1338   to participate in the town meeting, in consultation with the town moderator as applicable, the
1339   town clerk shall provide appropriate remote participation credentials, instructions and materials.
1340  SECTION 54. Subdivision (1) of section 4 of chapter 32 of the General Laws, as so
1341   appearing, is hereby amended by inserting after paragraph (g) the following paragraph:
1342  (g 1/4) Any member in service of the teachers’ retirement system or any teacher who is a
1343   member of the Boston retirement system who: (i) reduced the member’s employment as a
1344   teacher from full-time service to part-time service for the primary purpose of child-rearing; (ii)
1345   subsequently returned to full-time employment as a teacher; and (iii) has completed not less than
1346   20 years of creditable service prior to such purchase, may purchase full-time creditable service
1347   for the period or periods of such part-time service; provided, however, that: (1) not more than 5
1348   years of full-time service may be purchased for such period or periods of part-time service; (2)
1349   the board may require such documentation as it deems necessary to establish eligibility under
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1350   this paragraph, including, but not limited to, birth certificates, adoption records or other evidence
1351   demonstrating that the reduction in employment was for the primary purpose of child-rearing;
1352   and (3) the purchase of full-time creditable service under this paragraph shall require payment by
1353   the member into the annuity savings fund of the relevant retirement system, in an amount equal
1354   to the difference between the regular deductions actually withheld from the member’s regular
1355   compensation over the period of the member’s part-time service and the amount that would have
1356   been withheld as regular deductions from the member’s regular compensation for full-time
1357   employment over such period, plus buyback interest thereon, in 1 sum or in installments, upon
1358   such terms and conditions as the relevant retirement system may require.
1359  SECTION 55. Chapter 33 of the General Laws is hereby amended by adding the
1360   following section:-
1361  Section 140. There shall be a Massachusetts National Guard museum in the city of
1362   Salem, the birthplace of the national guard pursuant to section 60 of chapter 2.
1363  SECTION 56. Section 24 of chapter 37 of the General Laws, as appearing in the 2024
1364   Official Edition, is hereby amended by striking out, in line 14, the figure “18” and inserting in
1365   place thereof the following words:- criminal majority.
1366  SECTION 57. Section 8B of chapter 40 of the General Laws, as so appearing, is hereby
1367   amended by striking out the first, second and third sentences and inserting in place thereof the
1368   following 3 sentences:- A city, by ordinance, or a town, by by-law, may establish a council on
1369   aging for the purpose of coordinating or carrying out programs and delivering services designed
1370   to meet the needs of older adults, in coordination with programs of the executive office of aging
1371   and independence. A council established pursuant to this section shall submit an annual report to
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1372   the city or town and shall send a copy thereof to the executive office of aging and independence.
1373   The executive office shall from time-to-time review and evaluate such reports and make
1374   recommendations as to any required or necessary changes in the local programs included in the
1375   reports. A council established pursuant to this section may appoint such staff and other
1376   employees as it may require; provided, however, that if the council is an advisory council, the
1377   director may appoint staff and other employees as it may require, consistent with municipal
1378   needs.
1379  SECTION 58. Section 8C of said chapter 40, as so appearing, is hereby amended by
1380   inserting after the word “thereof”, in line 72, the following words:- ; provided, however, that the
1381   commission shall retain a record of any such rules and regulations and any other applicable
1382   ordinance or by-law, subject to the provisions of section 7 of chapter 4, which denotes whether
1383   each such rule, regulation, ordinance or by-law is more restrictive than the requirements of
1384   section 40 of chapter 131 and any accompanying regulations promulgated by the department of
1385   environmental protection.
1386  SECTION 59. Section 21D of said chapter 40, as so appearing, is hereby amended by
1387   striking out, in line 44, the word “mailing” and inserting in place thereof the following word:-
1388   paying.
1389  SECTION 60. The fifth paragraph of said section 21D of said chapter 40, as so
1390   appearing, is hereby amended by inserting after the second sentence the following sentence:- A
1391   city or town may use an online payment mechanism or other electronic payment system or
1392   service as an alternative to payment by mail.
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1393  SECTION 61. Section 54A of said chapter 40, as so appearing, is hereby amended by
1394   inserting after the word “timeframes”, in line 8, the following words:- in which the department
1395   is required to respond.
1396  SECTION 62. The first paragraph of said section 54A of said chapter 40, as so appearing,
1397   is hereby amended by inserting after the second sentence the following sentence:- “Said process
1398   shall allow a city, town or person to file such application for consent at any time up to 2 years
1399   prior to the submittal of an application for a building permit and no consent under this section
1400   shall be required for a permit to build a structure on a portion of land for which a previous
1401   consent or determination of inapplicability was previously issued.
1402  SECTION 63. Section 1A of chapter 40A of the General Laws, as so appearing, is hereby
1403   amended by inserting after the definition of “As of right” the following definition:-
1404  “Bulk and height of structures”, the articulation and roof lines of structures; provided,
1405   however, that performance standards governing bulk and height of structures may not be more
1406   restrictive than the dimensional requirements set forth by ordinance or by-law, nor require
1407   specific building materials; provided, however, that the word “articulation”, as used herein,
1408   refers to strategies to address building massing including, but not limited to, wall offsets, height
1409   variation, wall setbacks, accent lines, stepbacks or such other industry standard types of
1410   articulation as may be proposed by the petitioner.
1411  SECTION 64. Said section 1A of said chapter 40A, as so appearing, is hereby further
1412   amended by inserting after the definition of “Permit granting authority” the following definition:-
1413  “Site plan review”, the review and approval process under a municipality’s zoning
1414   ordinance or by-law that establishes criteria for the layout, safety and impacts of a proposed use
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1415   or development, including whether a proposed use of land or structures is in compliance with
1416   reasonable performance standards as defined in section 7A; provided, however, that “site plan
1417   review”, and the performance standards applicable thereto, in connection with any protected use
1418   pursuant to section 3 or any other section of this chapter, shall be limited to the extent required
1419   by the provisions of such section.
1420  SECTION 65. Section 3 of said chapter 40A, as so appearing, is hereby amended by
1421   striking out, in lines 141 and 156, the words “, in a single-family residential zoning district”.
1422  SECTION 66. Said section 3 of said chapter 40A, as so appearing, is hereby further
1423   amended by adding the following paragraph:-
1424  No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special
1425   permit or other discretionary zoning approval for the use of land or structures for a single duplex,
1426   or the rental thereof, on a lot zoned for residential use upon which a single-family dwelling is
1427   permitted, lawfully existing or entitled to protection under section 6, including a pre-existing
1428   nonconforming lot; provided, however, that the use of land or structures for duplexes may be
1429   subject to design guidelines and may be subject to reasonable regulations, including, but not
1430   limited to, 310 CMR 15.000 et seq., if applicable, site plan review and regulations concerning
1431   dimensional setbacks and the bulk and height of structures, and may be subject to restrictions and
1432   prohibitions on the operation of short-term rentals pursuant to section 14 of chapter 64G and
1433   other applicable laws; provided further, that the use of land or structures for a duplex under this
1434   paragraph shall not require owner occupancy of either residential dwelling unit; provided further,
1435   that regulations concerning the height of a duplex do not limit height to less than 3 stories;
1436   provided further, that a local regulation, ordinance or by-law shall not be more restrictive of
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1437   duplexes than of single-family dwellings and shall not, individually or cumulatively, render the
1438   development of a duplex physically or financially infeasible; and provided further, that a local
1439   regulation issued by a local board, department, commission or other similar entity that is more
1440   restrictive than state minimum requirements shall be presumed unreasonable unless it addresses a
1441   legitimate municipal interest that cannot be addressed by less restrictive means. For the purposes
1442   of this paragraph, “duplex” shall mean a building with 2 attached residential dwelling units,
1443   neither of which is an accessory dwelling unit. The executive office of housing and livable
1444   communities may issue guidelines or promulgate regulations to administer this paragraph.
1445  SECTION 67. Said chapter 40A is hereby further amended by inserting after section 3B
1446   the following section:-
1447  Section 3C. (a) As used in this section, the following words shall have the following
1448   meanings unless the context clearly requires otherwise:
1449  “Adaptive reuse”, the conversion of an existing structure from the use for which it was
1450   constructed to multi-family housing or mixed-use development by maintaining the elements of
1451   the structure and adapting such elements to the new use.
1452  “Board of appeals”, a municipal zoning board of appeals established pursuant to section
1453   12.
1454  “Bus station”, a location serving as a point of embarkation for any bus operated by a
1455   transit authority, including the Massachusetts Bay Transportation Authority Silver Line.
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1456  “Commercial conversion”, the use of land or structures for the creation and operation of
1457   any of the following: (i) adaptive reuse; (ii) new construction of multi-family housing; and (iii)
1458   new construction of mixed-use development.
1459  “Commercial use”, the use of land or structures for non-residential uses including, but not
1460   limited to offices, retail, dining establishments and other similar uses as authorized by the
1461   executive office in consultation with the executive office of economic development.
1462  “Commercially-zoned lot”, a lot where zoning allows commercial use as-of-right or by
1463   special permit.
1464  “Commuter rail station”, any commuter rail station operated by a transit authority with
1465   year-round service with trains departing at regular time intervals, rather than intermittent,
1466   seasonal or event-based service.
1467  “Executive office”, the executive office of housing and livable communities.
1468  “Ferry terminal”, the location where passengers embark and disembark from a ferry
1469   service with year-round service with ferries departing at regular time intervals, rather than
1470   intermittent, seasonal or event-based service.
1471  “Financially infeasible”, a condition or requirement imposed by the board of appeals that
1472   adds unreasonable costs or unreasonably diminishes the economic feasibility of a commercial
1473   conversion.
1474  “Local board”, any local board or official, including, but not limited to, any board of
1475   survey, board of health, board of subdivision control appeals, planning board, conservation
1476   commission, historical commission, water, sewer or other commission or district, fire, police,
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1477   traffic or other department, building inspector or similar official or board, city council or
1478   selectboard, regardless of their geographical jurisdiction or their source of authority, including
1479   boards established pursuant to any special law or general law, if they perform functions usually
1480   performed by locally created boards.
1481  “Local contribution”, an incentive provided by a city or town for commercial conversion
1482   on a commercially-zoned lot under subsection (c).
1483  “Subway station”, any of the stops along the rapid transit system of a transit authority,
1484   including the red line, green line, orange line or blue line of the Massachusetts Bay
1485   Transportation Authority and any extensions or additions to such lines.
1486  “Transit authority”, the Massachusetts Bay Transportation Authority established in
1487   section 2 of chapter 161A or any other local or regional transit authority established pursuant to
1488   section 3 of chapter 161B or section 14 of said chapter 161B.
1489  “Transit station”, a subway station, commuter rail station, ferry terminal or bus station.
1490  (b)(1) A city or town subject to this chapter may, pursuant to section 5, amend zoning to
1491   allow commercial conversion as of right on every commercially-zoned lot; provided, however,
1492   that a city or town that adopts as of right zoning under this section shall provide not less than 1
1493   adaptive reuse incentive pursuant to subsection (c); and provided further, that as of right zoning
1494   established pursuant to this section shall include, but not be limited to, for adaptive reuse,
1495   allowing: (i) existing building setbacks to remain and be considered lawfully nonconforming
1496   pursuant to section 6; provided, however, that a municipality may prohibit any additional
1497   encroachments into any nonconforming setback, unless otherwise required pursuant to clause (ii)
1498   or permitted by zoning; (ii) such development to exceed the existing footprint of the building to
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1499   accommodate upgrades related to building code, fire code and utility requirements; and (iii) such
1500   development to exceed the maximum height of the existing zoning district if the structure in
1501   existence prior to the adaptive reuse exceeds the maximum height of the existing zoning district.
1502   Adaptive reuse for multi-family housing, new multi-family housing and new-construction of
1503   mixed-use developments shall be exempt from residential parking requirements that exceed 1
1504   parking space per residential dwelling unit; provided, however, that such commercial conversion
1505   projects on lots that are partially or entirely located within a 0.5 mile radius of a transit station
1506   shall be exempt from any residential parking requirements.
1507  A city or town may: (i) require that adequate infrastructure, including roads, water and
1508   sewage systems, shall be available to support commercial conversion; (ii) restrict development
1509   on lots where industrial and manufacturing uses are permitted and where such uses have a
1510   substantial and demonstratable likelihood of resulting in impacts that are incompatible with
1511   residential use, such as air, noise or odor; (iii) impose affordable housing requirements on
1512   commercial conversion through an inclusionary zoning ordinance or by-law to the extent that
1513   such affordable housing requirements require not more than 10 per cent of the residential units
1514   within a commercial conversion to be subject to such affordable housing requirements and that
1515   such affordable housing requirements do not limit eligibility to households with income of not
1516   more than 80 per cent area median income; provided, however, that the executive office, in its
1517   discretion, may approve a greater percentage of affordable units or greater affordability
1518   requirements for some or all of the affordable units upon request by a city or town as to an
1519   individual project in a form as may be designated by the executive office.
1520  Notwithstanding any special or general law, rule or regulation to the contrary, an adaptive
1521   reuse commercial conversion under this section shall comply with the base energy code of the
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1522   state building code; provided, however, that a municipality that has adopted the specialized
1523   stretch energy code pursuant to section 6 of chapter 25A may require any such adaptive reuse
1524   commercial conversion project to comply with the stretch energy code or the municipal opt-in
1525   specialized stretch energy code.
1526  (2) Notwithstanding sections 5, 8 and 9, a city or town that has adopted zoning pursuant
1527   to paragraph (1) may establish a streamlined process for an applicant seeking commercial
1528   conversion of a commercially-zoned lot to submit a single application for approval of a
1529   commercial conversion to the board of appeals in lieu of separate applications to the applicable
1530   local boards; provided, however, that such process shall include, but not be limited to:
1531  (i) notification by the board of appeals to each local board, as applicable, of the filing of
1532   an application under this paragraph by sending a copy thereof to such local boards for their
1533   recommendations on an application; provided, however, that within 30 days of receipt of the
1534   application, the board of appeals shall hold a public hearing in conformance with section 11; and
1535  (ii) the ability of the board of appeals to request representatives of local boards to attend
1536   the hearing on an application.
1537  Notwithstanding section 7, the board of appeals shall have the same power to issue
1538   permits or approvals as any local board or official authorized to act with respect to such
1539   application, including, but not limited to, the power to attach to said permit or approval
1540   conditions and requirements that are not financially infeasible. The board of appeals, in making a
1541   decision on an application, shall take into consideration the recommendations of the local boards
1542   and the testimony of any consultants, if applicable. The board of appeals shall render a decision
1543   within 60 days of receipt of an application; provided, however, that if a decision is not rendered
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1544   within such time. unless the time has been extended by mutual agreement between the board of
1545   appeals and the applicant, the application shall be deemed to have been allowed and the permit
1546   or approval shall issue.
1547  (c) A city or town that adopts zoning pursuant to this section may provide any of the
1548   following local contributions: (i) a tax increment exemption for adaptive reuse pursuant to
1549   section 5P of chapter 59; (ii) a preference for commercial conversion projects for assistance
1550   under a municipal affordable housing trust fund established pursuant to section 55C of chapter
1551   44; (iv) a streamlined approval process pursuant to subparagraph (2) of subsection (b); or (v) any
1552   other local contributions as allowed by the executive office.
1553  (d) The executive office may establish additional incentives for cities and towns that
1554   adopt zoning and a local contribution pursuant to this section. Such incentives for cities and
1555   towns may include, but shall not be limited to, a preference for financial assistance pursuant to
1556   section 271/2 of chapter 23B, a preference for tax credits authorized pursuant to subsection (ee)
1557   of section 6 of chapter 62 and section 38OO of chapter 63 and other incentives identified by the
1558   executive office in consultation with the executive office of economic development and the
1559   executive office for administration and finance.
1560  (e) The executive office may, in consultation with the executive office of economic
1561   development, promulgate regulations for the implementation and administration of this section.
1562  (f) Any zoning adopted pursuant to paragraph (1) of subsection (b) may be repealed in
1563   accordance with section 5.
1564  SECTION 68. Section 5 of said chapter 40A, as appearing in the 2024 Official Edition, is
1565   hereby amended by inserting after the word “appeals”, in line 6, the following words:- , a mayor.
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1566  SECTION 69. Said section 5 of said chapter 40A, as so appearing, is hereby further
1567   amended by striking out, in line 92, the words “or (c) open-space residential development” and
1568   inserting in place thereof the following words:- (c) open-space residential development; or (d)
1569   commercial conversion pursuant to section 3C.
1570  SECTION 70. Section 6 of said chapter 40A, as so appearing, is hereby amended by
1571   inserting after the word “to”, in line 13, the following words:- a structure used for commercial
1572   conversion pursuant to section 3C or.
1573  SECTION 71. Said section 6 of said chapter 40A, as so appearing, is hereby further
1574   amended by striking out, in lines 33 to 38, inclusive, the words “or site plan approval pursuant to
1575   the local ordinance or by-law shall conform to any subsequent amendment of the zoning
1576   ordinance or by-law or of any other local land use regulations unless the use or construction is
1577   commenced within a period of 3 years after the issuance of the special permit or site plan
1578   approval” and inserting in place thereof the following words:- , site plan approval pursuant to the
1579   local ordinance or by-law or a permit for commercial conversion issued pursuant to section 3C
1580   shall conform to any subsequent amendment of the zoning ordinance or by-law or of any other
1581   local land use regulations unless the use or construction is commenced within a period of 3 years
1582   after the issuance of the special permit, site plan approval or permit for commercial conversion.
1583  SECTION 72. Said chapter 40A is hereby further amended by inserting after section 7
1584   the following section:–
1585  Section 7A. (a) As used in this section, the following words shall have the following
1586   meanings unless the context clearly requires otherwise:
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1587  “Designated authority”, the local municipal board, committee or officials designated in
1588   the zoning ordinance or by-law to conduct site plan review.
1589  “Performance standards”, reasonable, written municipal zoning regulations, published
1590   industry standards and best practices, applicable to site plans and relative to traffic circulation
1591   and safety, pedestrian safety and access, off-street parking and loading, emergency vehicle
1592   access, stormwater drainage, screening, bulk and height of structures, exterior lighting and
1593   storage or other outdoor service areas.
1594  (b) Substantive provisions of site plan review, including content of submission
1595   requirements and applicable performance standards, governing site plan review and approval by
1596   the designated authority or authorities shall be as set forth within a local ordinance or by-law
1597   adopted pursuant to section 5. Performance standards shall be reasonably definite and objective
1598   so that any applicant has knowledge of such standards prior to application submission. No
1599   zoning ordinance or by-law may include performance standards governing the aesthetics of
1600   structures; provided, however, that municipalities may establish uniform design guidelines. The
1601   designated authority may, where such action is in the public interest and not inconsistent with the
1602   intent and purpose of this section, waive strict compliance with the performance standards for
1603   site plan review. The designated authority may adopt, and from time to time amend, written
1604   procedural rules and regulations to implement the local site plan review ordinance or by-law,
1605   including provisions for the imposition of reasonable fees for the employment of outside
1606   consultants in the same manner as set forth in section 53G of chapter 44.
1607  (c) A zoning ordinance or by-law may establish applicability standards for projects that
1608   are subject to site plan review, which may include a category of projects that are subject to a
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1609   minor or administrative site plan review process. The zoning ordinance or by-law may require a
1610   public hearing in accordance with section 11 for projects that meet or exceed specified thresholds
1611   under the zoning ordinance or by-law. The decision of the designated authority for a use allowed
1612   as of right, or for a use requiring a special permit but reviewed by a separate designated
1613   authority, shall require a simple majority vote of the designated authority and shall be made
1614   within the time limits prescribed by ordinance or by-law, not to exceed 90 days from the date of
1615   filing of a complete application or such extended time as may be agreed in writing by the
1616   petitioner. The submission and review process for a site plan required in connection with the
1617   issuance of a special permit, and subject to review by the same permit granting authority as the
1618   special permit application, shall be conducted with the review of the special permit application in
1619   a coordinated process and may require the same vote required for approval of a special permit.
1620   The ordinance or by-law may establish the designated authority to be the building commissioner,
1621   director of planning or other municipal official who coordinates administrative site plan review
1622   with other municipal employees, in which instance there shall be no vote requirement for site
1623   plan review. Any appeal from administrative site plan review shall be in accordance with section
1624   17 unless an ordinance or by-law first provides for an appeal to another public body of the
1625   municipality. In no instance shall the issuance or denial of a building permit be a prerequisite to
1626   filing a civil action under this section.
1627  (d) Site plan review may impose only those conditions that are necessary to ensure
1628   substantial compliance of the proposed use of land or structures with the requirements of the
1629   zoning ordinance or by-law; provided, however, that no condition may impose restrictions
1630   greater than those expressly regulated within the zoning ordinance or by-law and no conditions
1631   may be imposed regarding matters over which jurisdiction exclusively lies in another body
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1632   pursuant to any general or special law; and provided further, that any off-site conditions shall
1633   only address direct adverse impacts related to performance standards expressly governed by the
1634   zoning ordinance or by-law and which conditions are proportionate in both nature and extent to
1635   the impacts of the project on adjacent properties or adjacent roadways.
1636  (e) A site plan application may be denied only on the grounds that the: (i) proposed site
1637   plan does not meet the specific requirements set forth in the zoning ordinance or by-law; or (ii)
1638   petitioner failed to submit the information and fees required by the zoning ordinance or by-law
1639   necessary for an adequate and timely review of the design of the proposed land or structures.
1640  (f) The designated authority shall cause to be made a detailed record of its proceedings,
1641   indicating the vote of each member upon each question, or if a member is absent or fails to vote,
1642   indicating such fact, and setting forth clearly the reason for its decision and of its official actions,
1643   copies of all of which shall be filed within 14 days in the office of the city or town clerk and
1644   shall be deemed a public record, and notice of the decision shall be mailed forthwith to the
1645   petitioner and, if such site plan review required a public hearing pursuant to the zoning ordinance
1646   or by-law, to the parties in interest designated in section 11. Each such notice shall specify that
1647   appeals, if any, shall be made pursuant to section 17 and shall be filed within 20 days after the
1648   date of filing of such notice in the office of the city or town clerk. Failure by the designated
1649   authority to take final action within 90 days or extended time, if applicable, shall be deemed to
1650   be an approval of the site plan. The petitioner who seeks such approval by reason of the failure
1651   of the designated authority to act within such time prescribed, shall notify the city or town clerk,
1652   in writing within 14 days from the expiration of said 90 days or extended time, if applicable, of
1653   such approval. If site plan review required a public hearing, the petitioner shall send such notice
1654   to parties in interest designated in said section 11 by mail and each such notice shall specify that
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1655   appeals, if any, shall be made pursuant to said section 17 and shall be filed within 20 days after
1656   the date the city or town clerk received such written notice from the petitioner that the designated
1657   authority failed to act within the time prescribed. After the expiration of 20 days without notice
1658   of appeal pursuant to said section 17, or, if appeal has been taken, after receipt of certified
1659   records of the court in which such appeal is adjudicated, indicating that such approval has
1660   become final, the city or town clerk shall issue a certificate stating the date of approval, the fact
1661   that the designated authority failed to take final action and that the approval resulting from such
1662   failure has become final, and such certificate shall be forwarded to the petitioner.
1663  (g) A site plan approval granted under this section shall lapse within a specified period of
1664   time, not less than 3 years from the date of the filing of such approval with the city or town clerk,
1665   if substantial use or construction has not yet begun, except as extended for good cause by the
1666   designated authority; provided, however, that the minimum period of 3 years may be increased to
1667   a longer period by ordinance or by-law. Such specified period shall not include time required to
1668   pursue or await the determination of an appeal under section 17 or to pursue or await the appeal
1669   of any other permit, license, determination or approval that are prerequisites to the issuance of a
1670   building permit.
1671  SECTION 73. Said chapter 40A is hereby further amended by inserting after section 9A
1672   the following section:-
1673  Section 9A 1/2. (a) As used in this section, “academic, research or medical facility” shall
1674   mean any building, structure or campus that is leased, owned, occupied or operated by:
1675  (i) a public or private institution of higher education;
1676  (ii) a hospital licensed by the commonwealth;
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1677  (iii) a dental, medical, public health or scientific research institution; or
1678  (iv) a federal, state or local government agency that conducts or supports medical, health,
1679   biomedical or scientific research or provides health care services.
1680  (b) No establishment defined in section 9A shall be located within 500 square feet of an
1681   academic, research or medical facility.
1682  SECTION 74. The first paragraph of section 14 of said chapter 40A, as appearing in the
1683   2024 Official Edition, is hereby amended by adding the following clause:-
1684  (5) To hear and decide applications for commercial conversion upon which the board is
1685   empowered to act under paragraph (2) of subsection (b) of section 3C.
1686  SECTION 75. Section 15 of said chapter 40A, as so appearing, is hereby amended by
1687   striking out, in lines 36 and 37, the words “The board of appeals shall hold a hearing on any
1688   appeal, application or petition within sixty-five” and inserting in place thereof the following
1689   words:- Except as provided in clause (i) of paragraph (2) of subsection (b) of section 3C, the
1690   board of appeals shall hold a hearing on any appeal, application or petition within 65.
1691  SECTION 76. The fifth paragraph of said section 15 of said chapter 40A, as so
1692   appearing, is hereby amended by striking out the first 7 sentences and inserting in place thereof
1693   the following 7 sentences:- All hearings of the board of appeals shall be open to the public and
1694   shall be opened within 30 days of any petition or application. Any such hearing shall extend for
1695   not more than 60 days from the date the hearing is opened. The decision of the board shall be
1696   made within 100 days after the date of the filing of an appeal, application or petition, except in
1697   regard to permits for commercial conversion as provided for in clause (iv) of paragraph (2) of
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1698   subsection (b) of section 3C and special permits as provided for in section 9. The required time
1699   limits for a public hearing and said decision may be extended by written agreement between the
1700   applicant and the board of appeals. A copy of such agreement shall be filed in the office of the
1701   city or town clerk. Failure by the board to act within the times prescribed or extended time
1702   agreed upon, if applicable, shall be deemed to be the granting of the appeal, application or
1703   petition. The applicant who seeks such approval by reason of the failure of the board to act
1704   within the time prescribed shall notify the city or town clerk, in writing, within 14 days from the
1705   expiration of said period or extended time, if applicable, of such approval and that notice has
1706   been sent by the applicant to parties in interest.
1707  SECTION 77. The fourth paragraph of section 4 of chapter 40G of the General Laws, as
1708   so appearing, is hereby amended by striking out clause (8) and inserting in place thereof the
1709   following clause:-
1710  (8) the enterprise will report adequate financial data to the MTDC and provide the MTDC
1711   with sufficient control over the management of the enterprise in order to protect the investment
1712   of the MTDC including, in the discretion of the board, right of access to financial and other
1713   records of the enterprise.
1714  SECTION 78. Said section 4 of said chapter 40G, as so appearing, is hereby further
1715   amended by striking out, in line 68, the words “(1) Not more than $1,000,000” and inserting in
1716   place thereof the following words:- not more than $2,000,000.
1717  SECTION 79. Said section 4 of said chapter 40G, as so appearing, is hereby further
1718   amended by striking out, in line 69, the figure “$2,000,000” and inserting in place thereof the
1719   following figure:- $4,000,000.
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1720  SECTION 80. The last paragraph of said section 4 of said chapter 40G, as so appearing,
1721   is hereby amended by striking out clause (2).
1722  SECTION 81. Section 6 of said chapter 40G, as so appearing, is hereby amended by
1723   striking out, in line 2, the word “ninety,” and inserting in place thereof the following figure:-
1724   120.
1725  SECTION 82. Said section 6 of said chapter 40G, as so appearing, is hereby further
1726   amended by striking out, in lines 5 to 7, inclusive, the words “and the number of persons hired as
1727   a result of the activities of the corporation who were recipients of programs provided for in
1728   chapter 115, 117A, or 118”.
1729  SECTION 83. Chapter 40J of the General Laws is hereby amended by striking out
1730   section 3, as so appearing, and inserting in place thereof the following section:-
1731  Section 3. There shall be a body, politic and corporate, to be known as the Massachusetts
1732   Technology Park Corporation. The corporation is hereby constituted a public instrumentality of
1733   the commonwealth, and the exercise by the corporation of the powers conferred in this chapter
1734   shall be deemed and held to be an essential governmental function. The corporation is hereby
1735   placed in the executive office of economic development but shall not be subject to the
1736   supervision or control of said department or of any board, bureau, department or other agency of
1737   the commonwealth, except as specifically provided in this chapter.
1738  The corporation shall be governed, and its corporate powers exercised, by a board of
1739   directors, which shall consist of the secretary of economic development or their designee, the
1740   secretary of administration and finance or their designee, the commissioner of higher education
1741   or their designee and 15 persons to be appointed by the governor, 2 of whom shall be appointed
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1742   from a list of persons nominated by the president of the senate, 2 of whom shall be appointed
1743   from a list of persons nominated by the speaker of the house of representatives, 2 of whom shall
1744   be chief executive officers of post-secondary educational institutions or distinguished members
1745   of the engineering or scientific faculties of those institutions, or members of other appropriate
1746   faculties, and of those 2, at least 1 shall represent a public post-secondary educational institution
1747   and 6 of whom shall represent businesses concerned with any technology that may be subject to
1748   this chapter, and 2 of whom shall be recommended by the Massachusetts AFL-CIO. Each
1749   director appointed from the list of nominations provided by the president of the senate and the
1750   speaker of the house of representatives shall serve a term of 2 years to be coterminous with the
1751   legislative session of the general court. All other directors appointed by the governor shall serve
1752   for a term of 5 years and thereafter until the director’s successor is appointed. A person
1753   appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for
1754   the unexpired term of the predecessor director. A director shall be eligible for reappointment. A
1755   director may be removed by the governor for cause. Nine directors shall constitute a quorum and
1756   the affirmative vote of a majority of the directors present and eligible to vote at a meeting shall
1757   be necessary for any action to be taken by the board. The directors shall serve without
1758   compensation, but each director shall be entitled to reimbursement for actual and necessary
1759   expenses incurred in the performance of official duties. The board shall meet not less than 4
1760   times each year and shall have final authority over the activities of the corporation.
1761  The secretary of economic development or their designee shall serve as chair. The board
1762   shall biennially elect from among its members a vice-chair and may designate a treasurer and a
1763   secretary, who need not be members of the board. The secretary of the board shall keep a record
1764   of the proceedings of the corporation and shall be the custodian of all books, documents and
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1765   papers filed with the corporation and its official seal. The secretary of the board shall cause
1766   copies to be made of all minutes and other records and documents of the corporation and shall
1767   certify that such copies are true copies and all persons dealing with the corporation may rely
1768   upon such certification. The treasurer of the board shall be the chief financial and accounting
1769   officer of the corporation and shall be in charge of its funds, books of account and accounting
1770   records.
1771  The executive committee of the board shall consist of the chair and the vice-chair and not
1772   less than 3 directors elected biennially by the board from among its members, 1 of whom shall be
1773   a director representing a post-secondary educational institution and 1 of whom shall be a director
1774   from a business. The executive committee shall have all the powers of the board between
1775   meetings of the board, to be exercised in accordance with by-laws established by the board. The
1776   executive committee shall meet as often as considered necessary by the committee.
1777  An action required or permitted to be taken at a meeting of the directors may be taken
1778   without a meeting if all of the directors consent in writing to such action and such written
1779   consent is filed with the records of the minutes of the meetings of the board. Such consent shall
1780   be treated for all purposes as a vote at a meeting.
1781  Chapter 268A shall apply to all directors, officers and employees of the corporation
1782   except that the corporation may purchase from, sell to, borrow from, contract with or otherwise
1783   deal with an organization in which a director of the corporation is in any way interested or
1784   involved; provided, however, that such interest or involvement is disclosed in advance to the
1785   directors and recorded in the minutes of the proceedings of the corporation; and provided further,
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1786   that no director having such an interest or involvement may participate in any decision relating to
1787   such organization.
1788  Neither the corporation nor its officers, directors, agents, employees, consultants or
1789   advisors shall be subject to sections 3B of chapter 7, sections 9A, 45, 46 and 52 of chapter 30,
1790   chapter 31, or sections 27 to 27E, inclusive, of chapter 149; provided, however, that in
1791   purchasing products or services, the corporation shall at all times follow generally accepted good
1792   business practices.
1793  All officers and employees of the corporation having access to its cash or negotiable
1794   securities shall give bond to the corporation at its expense, in such amount and with such surety
1795   as the board may prescribe. The persons required to give bond may be included in at least 1
1796   blanket or scheduled bonds.
1797  Directors and officers who are not regular, compensated employees of the corporation
1798   shall not be liable to the commonwealth, the corporation or any other person as a result of their
1799   activities, whether ministerial or discretionary, as such directors or officers except for willful
1800   dishonesty or intentional violations of law. The board of the corporation may purchase liability
1801   insurance for directors, officers and employees and may indemnify said persons against the
1802   claims of others.
1803  SECTION 84. Section 9 of chapter 40R of the General Laws, as so appearing, is hereby
1804   amended by striking out subsections (a) and (b) and inserting in place thereof the following 2
1805   subsections:-
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1806  (a) The commonwealth shall pay from the trust fund or other funds from appropriations
1807   or other money authorized by the general court a zoning incentive payment, according to the
1808   following schedule:
1809  Projected Units of New Construction %  Payment
1810  Up to 20%       $20,000
1811  21 to 100%      $150,000
1812  101 to 200% $400,000
1813  201 to 500% $740,000
1814  501% or more $1,200,000
1815  Subject to any conditions imposed by the department as a condition of approving a smart
1816   growth zoning district or starter home zoning district, the zoning incentive payment shall be
1817   payable upon confirmation of approval of the district by the department. The projected
1818   percentage of units shall be based upon the zoning adopted in the smart growth zoning district or
1819   starter home zoning district.
1820  (b) The commonwealth shall pay from the trust fund or other funds from appropriations
1821   or other money authorized by the general court a 1-time density bonus payment to each city or
1822   town with an approved smart growth zoning district and a 1-time production bonus payment to
1823   each city or town with an approved starter home zoning district. Such payment shall be $6,000
1824   for each housing unit of new construction created in the smart growth zoning district and $6,000
1825   for each housing unit of new construction created in the starter home zoning district. The amount
1826   due shall be paid on a unit-by-unit basis in accordance with department regulations, upon
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1827   submission by a city or town of proof of issuance of a building permit for a particular housing
1828   unit or units within the district.
1829  SECTION 85. Section 1 of chapter 40X of the General Laws, as so appearing, is hereby
1830   amended by striking out the definition of “ Lead jurisdiction” and inserting in place thereof the
1831   following 2 definitions:-
1832  “Governing body”, the city council or board of aldermen in a city or the board of
1833   selectmen or town council in a town or the board of commissioners or executive body in a
1834   county.
1835  “Lead jurisdiction”, the city, town or county in which the tourism destination marketing
1836   district petition is filed.
1837  SECTION 86. Said section 1 of said chapter 40X, as so appearing, is hereby further
1838   amended by striking out the definition of “Municipal governing body.
1839  SECTION 87. Said section 1 of said chapter 40X, as so appearing, is hereby further
1840   amended by inserting after the word “municipality”, in line 29, the following words:- or county.
1841  SECTION 88. Section 2 of said chapter 40X, as so appearing, is hereby amended by
1842   striking out, in line 2, the word “municipal”.
1843  SECTION 89. Section 3 of said chapter 40X, as so appearing, is hereby amended by
1844   inserting after the word “municipality”, in line 4, the following words:- or county.
1845  SECTION 90. Said section 3 of said chapter 40X, as so appearing, is hereby further
1846   amended by striking out, in line 32, the words “or towns” and inserting in place thereof the
1847   following words:- , towns or counties.
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1848  SECTION 91. Said section 3 of said chapter 40X, as so appearing, is hereby further
1849   amended by striking out, in line 36, the words “city or town’s” and inserting in place thereof the
1850   following words:- city, town or county’s.
1851  SECTION 92. Section 4 of said chapter 40X, as so appearing, is hereby amended by
1852   striking out, in lines 1, 19, 23, 38 and 101, the word “municipal”, each time it appears.
1853  SECTION 93. Said section 4 of said chapter 40X, as so appearing, is hereby further
1854   amended by striking out, in lines 13 and 14, and in lines 56 and 57, the words “municipality’s
1855   website” and inserting in place thereof, in each instance, the following words:- website of the
1856   city, town or county.
1857  SECTION 94. Said section 4 of said chapter 40X, as so appearing, is hereby further
1858   amended by striking out, in lines 31, 32 and 33, and in line 110, the words “local municipal”,
1859   each time they appear.
1860  SECTION 95. Section 5 of said chapter 40X, as so appearing, is hereby amended, by
1861   striking out, in line 16, the word “municipal”.
1862  SECTION 96. Section 7 of said chapter 40X, as so appearing, is hereby amended by
1863   striking out, in line 2, the word “municipal”.
1864  SECTION 97. Section 8 of said chapter 40X, as so appearing, is hereby amended by
1865   striking out, in line 1, and in lines 21 and 22, the word “municipal”, each time it appears.
1866  SECTION 98. Said section 8 of said chapter 40X, as so appearing, is hereby further
1867   amended by striking out, in line 7, the words “local municipal”.
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1868  SECTION 99. Section 9 of said chapter 40X, as so appearing, is hereby amended by
1869   striking out, in lines 6, 14, 20 and 21, 23, 29 and 39, the word “municipal”, each time it appears.
1870  SECTION 100. Said section 9 of said chapter 40X, as so appearing, is hereby further
1871   amended by striking out, in line 12, the words “city or town’s local municipal”.
1872  SECTION 101. Section 10 of said chapter 40X, as so appearing, is hereby amended by
1873   striking out, in lines 3, 5, 15, 16, 17, 19, 23 and 30, the words “local municipal”, each time they
1874   appear.
1875  SECTION 102. Said section 10 of said chapter 40X, as so appearing, is hereby further
1876   amended by striking out, in line 36, the word “municipally”.
1877  SECTION 103. Said section 10 of said chapter 40X, as so appearing, is hereby further
1878   amended by inserting after the word “municipality”, in line 41, the following words:- or county.
1879  SECTION 104. Section 11 of said chapter 40X, as so appearing, is hereby amended by
1880   striking out, in lines 4 and 5, inclusive the words “local municipal”.
1881  SECTION 105. Section 56 of chapter 41 of the General Laws, as so appearing, is hereby
1882   amended by striking out the last sentence and inserting in place thereof the following sentence:-
1883   This section shall not prohibit payment to be made for: (i) school travel prior to the date of
1884   travel; (ii) software licenses, software maintenance agreements or online subscription services
1885   for school curriculum prior to the fiscal year in which services shall be rendered; or (iii)
1886   estimates issued by utilities for make-ready work to facilitate access to utility poles, conduits,
1887   ducts or rights-of way related to broadband infrastructure projects.
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1888  SECTION 106. Section 98F of said chapter 41 is hereby amended by striking out, in line
1889   22, as so appearing, the words “18 years of age” and inserting in place thereof the following
1890   words:- the age of criminal majority.
1891  SECTION 107. Clause Forty-first C of section 5 of chapter 59 of the General Laws, as so
1892   appearing, is hereby amended by striking out the second sentence and inserting in place thereof
1893   the following sentence:- A city, by vote of its council and approval of its mayor, or a town, by
1894   vote of town meeting, may adjust the following factors contained in these provisions by: (i)
1895   reducing the requisite age of eligibility to any person age 65 years or older; (ii) increasing the
1896   sum contained in the first sentence from $500 to $1500; (iii) increasing the amounts contained in
1897   subclause (B) of the first sentence from $13,000 and $15,000, respectively, to, in both instances,
1898   not more than 50 per cent of the area median income, as adjusted for household size, as defined
1899   annually by the United States Department of Housing and Urban Development; provided,
1900   however, that the relevant year of the calculation shall be the most recent figure available as of
1901   July 1 of the start of the fiscal year to which the exemption is sought; (iv) increasing the amounts
1902   contained in subclause (C) of the first sentence from $28,000 to not more than $80,000 and from
1903   $30,000 to not more than $110,000; and (v) by excluding from the determination of whole estate
1904   not more than 3 dwelling units.
1905  SECTION 108. Said section 5 of said chapter 59 is hereby further amended by striking
1906   out, in line 1785, as so appearing, the figure “$10,000” and inserting in place thereof the
1907   following figure:- $30,000”.
1908  SECTION 109. Said chapter 59 is hereby further amended by inserting after section 5O
1909   the following 2 sections:-
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1910  Section 5P. (a) As used in this section, the following words shall have the following
1911   meanings unless the context clearly requires otherwise:
1912  “Adaptive reuse”, as defined in section 3C of chapter 40A.
1913  “Zoning”, as defined in section 1A of chapter 40A.
1914  (b) A city or town that adopts zoning pursuant to section 3C of chapter 40A, may adopt a
1915   tax increment exemption for an adaptive reuse project allowed as of right under such zoning. The
1916   exemption amount shall be not less than 10 per cent and not more than 100 per cent of the
1917   incremental value attributable to the residential portion of an adaptive reuse project allowed as of
1918   right under zoning established pursuant to said section 3C of said chapter 40A for a period of not
1919   less than 5 years and not more than 20 years. The legislative body of the city or town shall
1920   establish the percentage and term of the exemption, subject to the charter of the city or town and
1921   the approval of the executive office of housing and livable communities.
1922  (c) The executive office of housing and livable communities may promulgate regulations
1923   for the administration of this section.
1924  Section 5Q. A city or town that accepts this section may issue rebates to those taxpayers
1925   who received the residential exemption in the prior fiscal year; provided, however, that the city
1926   or town shall set asset, income or other thresholds to determine eligibility for said rebates. The
1927   city or town shall appropriate an amount to be used for such rebates; and provided further, that
1928   such rebates for each eligible taxpayer shall be in a uniform amount based on the amount
1929   appropriated and the estimated number of eligible taxpayers. The amount of the rebate shall be in
1930   addition to any exemptions allowed under this chapter. A taxpayer who seeks to qualify for the
1931   rebate shall, before the deadline established by city or town, file an application, on a form to be
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1932   adopted by the board of assessors, with the supporting documentation of the applicant’s income,
1933   assets and any other information as described in the application. The application shall be filed
1934   each year for which the applicant seeks the rebate.
1935  SECTION 110. Section 59 of said chapter 59, as appearing in the 2024 Official Edition,
1936   is hereby amended by striking out, in lines 4 and 5, the words “on or before” and inserting in
1937   place thereof the following words:- not more than 45 days after.
1938  SECTION 111. Section 17 of chapter 61A of the General Laws, as so appearing, is
1939   hereby amended by adding the following paragraph:-
1940  Notwithstanding the preceding paragraph, if the portion of land is contiguous land not
1941   actively devoted to agricultural or horticultural uses and is so separated to serve as the site of a
1942   renewable energy generating source, as defined in subsection (b) of section 11F of chapter 25A,
1943   the land so separated shall not be subject to the option to purchase under section 14 and liability
1944   for conveyance or roll-back taxes otherwise applicable at such time; provided, however, that
1945   such land so separated shall instead be subject to liability for 50 per cent of such otherwise
1946   applicable roll-back taxes, which shall be due and payable at the time it commences serving as
1947   the site of a renewable energy generating source. If the use of the land so separated as a
1948   renewable energy generating source permanently ceases, or does not commence, and the land so
1949   separated is sold for or converted to a use other than agricultural or horticultural, the land so
1950   separated shall become subject to the option to purchase and conveyance or roll-back taxes shall
1951   be assessed for the balance of the amount that would have been assessed at the time of the
1952   separation. The land so separated subject to this paragraph shall not exceed 10 per cent of the
1953   land valued, assessed and taxed under this chapter from which it was separated and not greater,
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1954   in total, than 15 acres of the contiguous portion of such land not actively devoted to agricultural
1955   or horticultural uses.
1956  SECTION 112. Chapter 62 of the General Laws is hereby amended by inserting after
1957   section 5D the following 2 sections:-
1958  Section 5E. (a) For the purposes of this section, the following words shall have the
1959   following meanings unless the context clearly requires otherwise:-
1960  “Account holder”, an individual who establishes, individually or jointly with 1 or more
1961   individuals, a rental savings account.
1962  “Allowable costs”, a fee paid for renting a unit as a permanent residence in the
1963   commonwealth, limited to the amount of: (i) first and last month's rent; (ii) a security deposit
1964   equal to 1 month's rent; and (iii) the purchase and installation costs of a lock and key.
1965  “Eligible costs”, fees paid for renting a unit as a permanent residence in the
1966   commonwealth, limited to the amount of: (i) first and last month's rent; (ii) a security deposit
1967   equal to 1 month's rent; and (iii) the purchase and installation costs of a lock and key.
1968  “Financial institution”, any bank, trust company, savings institution, industrial loan
1969   association, consumer finance company, credit union, benefit association, insurance company,
1970   safe deposit company, money market mutual fund or similar entity authorized to do business in
1971   the commonwealth.
1972  “Qualified beneficiary”, an individual seeking to rent a unit as a permanent residence.
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1973  (b) Beginning January 1, 2027, an individual may open an account with a financial
1974   institution and designate the account as a rental savings account to pay or reimburse a qualified
1975   beneficiary’s eligible costs.
1976  (c) An account holder shall designate, not later than April 15 of the year following the tax
1977   year during which the account is established, a resident as the qualified beneficiary of the rental
1978   savings account. The account holder may designate themselves as the qualified beneficiary and
1979   may change the designated qualified beneficiary at any time; provided, however, there shall not
1980   be more than 1 qualified beneficiary at any time.
1981  (d) An individual may jointly own a rental savings account with another person if the
1982   joint account holders file a joint income tax return; provided, however, this requirement shall not
1983   apply if at least 1 person would not otherwise be required to make a return because their
1984   Massachusetts gross income did not exceed $8,000.
1985  (e) An individual may be the account holder of more than 1 rental savings account;
1986   provided, however, that the account holder shall not have multiple accounts that designate the
1987   same qualified beneficiary.
1988  (f) An individual may be designated as the qualified beneficiary on more than 1 rental
1989   savings account.
1990  (g) Only cash and marketable securities shall comprise a rental savings account. Subject
1991   to the limitations of this section, persons other than the account holder may contribute funds to a
1992   rental savings account. There shall be no limitation on the amount of contributions that may be
1993   made to or retained in a rental savings account.
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1994  (h) The funds held in a rental savings account shall not be used to pay expenses of
1995   administering the account; provided, however, that a service fee may be deducted from the
1996   account by the financial institution.
1997  (i) The account holder shall submit to the department of revenue: (1) detailed information
1998   regarding the rental savings account, including a list of transactions for the account during the
1999   tax year and the Form 1099 under the Internal Revenue Service requirements issued by the
2000   financial institution for such account with the account holder’s Massachusetts income tax return
2001   on forms prepared by the department of revenue; and (2) a detailed accounting of the eligible
2002   costs toward which the account funds were applied, if there was a withdrawal from the account,
2003   and a statement of the amount of funds remaining in the account.
2004  (j) A financial institution shall not be required to: (1) designate an account as a rental
2005   savings account, or designate the qualified beneficiaries of an account, in the financial
2006   institution’s account contracts or systems; (2) track the use of funds withdrawn from a rental
2007   savings account; (3) allocate funds in a rental savings account among joint account holders or
2008   multiple qualified beneficiaries; or (4) report any information to the department of revenue or
2009   other government agency that is not otherwise required by law.
2010  (k) A financial institution shall not be liable for: (1) determining or ensuring that an
2011   account satisfies the requirements to be a rental savings account; (2) determining or ensuring that
2012   funds in a rental savings account are used for eligible costs; or (3) reporting or remitting taxes or
2013   penalties related to the use of a rental savings account.
2014  (l) Except as otherwise provided in this section and subject to the limitations under this
2015   subsection, there shall be deducted from taxable income of an account holder, for Massachusetts
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2016   income tax purposes: (1) the amount contributed to a rental savings account during each tax year,
2017   not to exceed $15,000 for an account holder who files an individual tax return or $30,000 for
2018   joint account holders; (2) the amount of earnings, including interest and other income on the
2019   principal, from the rental savings account during the tax year.
2020  (m) An account holder may claim the deduction and exclusion under subsection (k): (1)
2021   for a period not to exceed 15 years; (2) for an aggregate total amount of principal and earnings
2022   not to exceed $50,000 during said 15-year period; and (3) only if the principal and earnings of
2023   the account remain in the account until a withdrawal is made for eligible costs related to the
2024   securing a rental intended as a permanent residence.
2025  (n) Any funds in a rental savings account not expended on eligible costs by December 31
2026   of the last year of the 15-year period under shall thereafter be included in the account holder’s
2027   taxable income.
2028  (o) A person other than the account holder who deposits funds in a rental savings account
2029   shall not be entitled to the deduction and exclusion provided for under this section.
2030  (p) The deduction and exclusion from taxable income provided for by this section shall
2031   apply to any alternative bases for calculating taxable income for Massachusetts income tax
2032   purposes.
2033  (q) Except as otherwise authorized in this section, if the account holder withdraws any
2034   funds from a rental savings account for a purpose other than eligible costs for the securing a
2035   rental property to be used as a permanent residence: (1) such funds shall be included in the
2036   account holder’s taxable income; and (2) the account holder shall pay a penalty to the department
2037   of revenue equal to the tax that would have been collected had the withdrawn funds been subject
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2038   to income tax. Such penalty shall not apply to funds withdrawn from an account that were: (i)
2039   withdrawn by reason of the account holder’s death or disability; (ii) a disbursement of assets of
2040   the account pursuant to a filing for protection under the United States Bankruptcy Code, 11
2041   U.S.C. § 101 et seq.; or (iii) a transfer of the funds from a rental savings account to a new rental
2042   savings account held by a different financial institution or the same financial institution.
2043  (r) The department of revenue shall prepare forms for: (1) the designation of an account
2044   with a financial institution to serve as a first-time home buyer savings account; (2) the
2045   designation of a qualified beneficiary of a rental savings account; and (3) an account holder to
2046   annually submit to the department of revenue detailed information regarding the rental savings
2047   account, including but not limited to a list of transactions for the account during the tax year, and
2048   identifying any supporting documentation that is required to be maintained by the account
2049   holder.
2050  Section 5F. (a) For the purposes of this section, the following words shall have the
2051   following meanings unless the context clearly requires otherwise:
2052  “Account holder”, an individual who establishes, individually or jointly with 1 or more
2053   other individuals, a first-time homebuyer savings account.
2054  “Allowable closing costs”, a disbursement listed on a settlement statement for the
2055   purchase of a single-family residence in the commonwealth by a qualified beneficiary.
2056  “Eligible costs”, the down payment and allowable closing costs for the purchase of a
2057   single-family residence in Massachusetts by a qualified beneficiary.
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2058  “Financial institution”, any bank, trust company, savings institution, industrial loan
2059   association, consumer finance company, credit union, or any benefit association, insurance
2060   company, safe deposit company, money market mutual fund, or similar entity authorized to do
2061   business in the commonwealth.
2062  “First-time homebuyer”, an individual who resides in the commonwealth and has not
2063   owned or purchased, either individually or jointly, a single-family residence.
2064  “First-time home buyer savings account”, an account with a financial institution that an
2065   account holder designates as a first-time home buyer savings account on the account holder’s
2066   Massachusetts income tax return for tax year 2025 or any tax year thereafter, pursuant to this
2067   section for the purpose of paying or reimbursing eligible costs for the purchase of a single-family
2068   residence in the commonwealth by a qualified beneficiary.
2069  “Qualified beneficiary”, a first-time home buyer who is designated as the qualified
2070   beneficiary of an account designated by the account holder as a first-time home buyer savings
2071   account.
2072  “Settlement statement”, the statement of receipts and disbursements for a transaction
2073   related to real estate, including a statement prescribed under the Real Estate Settlement
2074   Procedures Act of 1974, 12 U.S.C. 2601 et seq., as amended, and regulations thereunder.
2075  “Single-family residence”, a single-family residence owned and occupied by a qualified
2076   beneficiary as the qualified beneficiary’s principal residence, which may include a manufactured
2077   home, trailer, mobile home, condominium unit, or cooperative.
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2078  (b) Beginning January 1, 2028, any individual may open an account with a financial
2079   institution and designate the account, in its entirety, as a first-time home buyer savings account
2080   to be used to pay or reimburse a qualified beneficiary’s eligible costs for the purchase of a
2081   single-family residence in the commonwealth.
2082  (c) An account holder must designate, no later than April 15 of the year following the tax
2083   year during which the account is established, a first-time home buyer as the qualified beneficiary
2084   of the first-time home buyer savings account. The account holder may designate themselves as
2085   the qualified beneficiary and may change the designated qualified beneficiary at any time
2086   provided, however, there shall not be more than 1 qualified beneficiary at any time.
2087  (d) An individual may jointly own a first-time home buyer savings account with another
2088   person if the joint account holders file a joint income tax return; provided, however, this
2089   requirement shall not apply if at least 1 person would not otherwise be required to make a return
2090   because their Massachusetts gross income did not exceed $8,000.
2091  (e) An individual may be the account holder of more than one first-time home buyer
2092   savings account; provided, however, the account holder shall not have multiple accounts that
2093   designate the same qualified beneficiary.
2094  (f) An individual may be designated as the qualified beneficiary on more than 1 first-time
2095   home buyer savings account.
2096  (g) Only cash and marketable securities shall comprise a first-time home buyer savings
2097   account. Subject to the limitations of this section, persons other than the account holder may
2098   contribute funds to a first-time home buyer savings account. There shall be no limitation on the
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2099   amount of contributions that may be made to or retained in a first-time home buyer savings
2100   account.
2101  (h) The funds held in a first-time home buyer savings account shall not be used to pay
2102   expenses of administering the account; provided, however, that a service fee may be deducted
2103   from the account by the financial institution in which the account is held.
2104  (i) The account holder shall submit the following to the department of revenue: (1)
2105   detailed information regarding the first-time home buyer savings account, including a list of
2106   transactions for the account during the tax year and the Form 1099 under the Internal Revenue
2107   Service requirements issued by the financial institution for such account with the account
2108   holder’s Massachusetts income tax return on forms prepared by the department of revenue; and
2109   (2) a detailed account of the eligible costs toward which the account funds were applied, if there
2110   was a withdrawal from the account, and a statement of the amount of funds remaining in the
2111   account, if any.
2112  (j) A financial institution shall not be required to: (1) designate an account as a first-time
2113   home buyer savings account, or designate the qualified beneficiaries of an account, in the
2114   financial institution’s account contracts or systems; (2) track the use of funds withdrawn from a
2115   first-time home buyer savings account; (3) allocate funds in a first-time home buyer savings
2116   account among joint account holders or multiple qualified beneficiaries; or (4) report any
2117   information to the department of revenue or any other governmental agency that is not otherwise
2118   required by law.
2119  (k) A financial institution is not responsible or liable for: (1) determining or ensuring that
2120   an account satisfies the requirements to be a first-time home buyer savings account; (2)
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2121   determining or ensuring that funds in a first-time home buyer savings account are used for
2122   eligible costs; or (3) reporting or remitting taxes or penalties related to the use of a first-time
2123   home buyer savings account.
2124  (l) Except as otherwise provided in this section and subject to the limitations under this
2125   subsection, there shall be deducted from taxable income of an account holder, for Massachusetts
2126   income tax purposes: (1) the amount contributed to a first-time home buyer savings account
2127   during each tax year, not to exceed $25,000 for an account holder who files an individual tax
2128   return or $50,000 for joint account holders; and (2) the amount of earnings, including interest
2129   and other income on the principal, from the first-time home buyer savings account during the tax
2130   year.
2131  (m) An account holder may claim the deduction and exclusion under subsection (k): (1)
2132   for a period not to exceed 15 years; (2) for an aggregate total amount of principal and earnings,
2133   not to exceed $250,000 during said 15-year period; and (3) only if the principal and earnings of
2134   the account remain in the account until a withdrawal is made for eligible costs related to the
2135   purchase of a single-family residence by a qualified beneficiary, except as otherwise provided in
2136   this section.
2137  (n) Any funds in a first-time home buyer savings account not expended on eligible costs
2138   by December 31 of the last year of the 15-year period shall thereafter be included in the account
2139   holder’s taxable income.
2140  (o) A person other than the account holder who deposits funds in a first-time home buyer
2141   savings account shall not be entitled to the deduction and exclusion provided for under this
2142   section.
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2143  (p) The deduction and exclusion from taxable income provided for by this section shall
2144   apply to any alternative bases for calculating taxable income for Massachusetts income tax
2145   purposes.
2146  (q) Except as otherwise authorized in this of this section, if the account holder withdraws
2147   any funds from a first-time home buyer savings account for a purpose other than eligible costs
2148   for the purchase of a single-family residence: (1) said shall be included in the account holder’s
2149   taxable income; and (2) the account holder shall pay a penalty to the department of revenue equal
2150   to the tax that would have been collected had the withdrawn funds been subject to income tax.
2151   Such penalty shall not apply to funds withdrawn from an account that were: (i) withdrawn by
2152   reason of the account holder’s death or disability; (ii) a disbursement of assets of the account
2153   pursuant to a filing for protection under the United States Bankruptcy Code, 11 U.S.C. § 101 et
2154   seq.; or (iii) a transfer of the funds from a first-time home buyer savings account to a new first-
2155   time home buyer savings account held by a different financial institution or the same financial
2156   institution.
2157  (r) The department of revenue shall prepare forms for: (1) the designation of an account
2158   with a financial institution to serve as a first-time home buyer savings account; (2) the
2159   designation of a qualified beneficiary of a first-time home buyer savings account; and (3) an
2160   account holder to annually submit to the department of revenue detailed information regarding
2161   the first-time home buyer savings account, including but not limited to a list of transactions for
2162   the account during the tax year, and identifying any supporting documentation that is required to
2163   be maintained by the account holder.
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2164  SECTION 113. Subsection (r) of section 6 of chapter 62 of the General Laws, as
2165   appearing in the 2024 Official Edition, is hereby amended by striking out paragraph (1) and
2166   inserting in place thereof the following paragraph:-
2167  (1) To the extent authorized by the life sciences tax incentive program established in
2168   section 5 of chapter 23I, a taxpayer may be allowed a refundable jobs credit against the tax
2169   liability imposed under this chapter in an amount and schedule determined by the Massachusetts
2170   Life Sciences Center, in consultation with the department. The credit allowed under this
2171   subsection shall be taken only after the taxpayer executes a contract under paragraph (2) of
2172   subsection (d) of section 5 of chapter 23I.
2173  SECTION 114. Said section 6 of said chapter 62, as so appearing, is hereby further
2174   amended by striking out, in line 920, the figure “50” and inserting in place thereof the following
2175   figure:- 25.
2176  SECTION 115. Subsection (r) of said section 6 of said chapter 62, as so appearing, is
2177   hereby amended by adding the following 2 paragraphs:-
2178  (5) If the Massachusetts Life Sciences Center makes a determination to revoke a life
2179   sciences company pursuant to paragraph (4) of subsection (e) of section 5 of chapter 23I, a
2180   portion of the tax credit otherwise allowed by this section and claimed by the taxpayer prior to
2181   the date of such determination shall be added back as additional tax due and shall be reported as
2182   such on the return of the taxpayer for the taxable period in which such determination is made.
2183   The amount of credits subject to recapture shall be proportionate to the life science company’s
2184   compliance, as determined by the Massachusetts Life Sciences Center as part of its revocation
2185   process and reported to the center and the department at the time certification is revoked.
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2186  (6) Nothing in this subsection shall limit the authority of the commissioner to make an
2187   adjustment to a taxpayer’s liability upon audit.
2188  SECTION 116. Said section 6 of said chapter 62, as so appearing, is hereby further
2189   amended by inserting after the word “facility”, in line 1687, the following words:- in the case of
2190   an owner and not more than 50 per cent of the owner and tenant’s combined total capital
2191   investment in a climatetech facility in the case of a tenant.
2192  SECTION 117. Said section 6 of said chapter 62, as so appearing, is hereby further
2193   amended by striking out, in line 1702, the words “has made a” and inserting in place thereof the
2194   following words:- and tenant have made a combined.
2195  SECTION 118. Subsection (hh) of said section 6 of said chapter 62, as so appearing, is
2196   hereby amended by striking out paragraph (1) and inserting in place thereof the following
2197   paragraph:-
2198  (1) A taxpayer, to the extent authorized by the climatetech tax incentive program
2199   established in section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax
2200   liability imposed under this chapter in an amount and schedule determined by the Massachusetts
2201   clean energy technology center established in section 2 of said chapter 23J, in consultation with
2202   the department of revenue. The credit allowed under this section shall be taken only after the
2203   taxpayer executes a contract under paragraph (3) of subsection (d) of section 16 of chapter 23J.
2204  SECTION 119. Said subsection (hh) of said section 6 of said chapter 62, as so appearing,
2205   is hereby further amended by adding the following 2 paragraphs:-
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2206  (6) If the Massachusetts clean energy technology center makes a determination to revoke
2207   the certification of a climatetech company pursuant to paragraph (2) of subsection (c) of section
2208   16 of chapter 23J, a portion of the tax credit otherwise allowed by this section and claimed by the
2209   taxpayer prior to the date of such determination shall be added back as additional tax due and
2210   shall be reported as such on the return of the taxpayer for the taxable period in which such
2211   determination is made. The amount of credits subject to recapture shall be proportionate to the
2212   certified climatetech company’s compliance, as determined by the Massachusetts clean energy
2213   technology center as part of its revocation process and reported to the center and the department
2214   at the time certification is revoked.
2215  (7) Nothing in this subsection shall limit the authority of the commissioner to make an
2216   adjustment to a taxpayer’s liability upon audit.
2217  SECTION 120. Section 6J of said chapter 62, as so appearing, is hereby amended by
2218   inserting after the word “criteria”, in line 46, the following words:- , and there shall be a
2219   preference for projects that are adaptive reuse allowed as-of-right in commercially zoned districts
2220   pursuant to section 3C of chapter 40A.
2221  SECTION 121. Subsection (b) of section 21 of chapter 62C of the General Laws, as so
2222   appearing, is hereby amended by adding the following 3 clauses:-
2223  (32) the disclosure to the life sciences center established in section 3 of chapter 23I of
2224   return and wage reporting information of a life sciences company certified pursuant to subsection
2225   (b) of section 5 of chapter 23I, that is: (i) received by the commissioner pursuant to this chapter
2226   or chapter 62E; and (ii) necessary for the administration of the life sciences tax incentive
2227   program authorized by subsection (d) of section 5 of chapter 23I.
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2228  (33) the disclosure to the clean energy technology center established in section 2 of
2229   chapter 23J of return and wage reporting information of a climatetech company certified
2230   pursuant to subsection (b) of section 16 of chapter 23J, that is: (i) received by the commissioner
2231   pursuant to this chapter or chapter 62E; and (ii) necessary for the administration of the
2232   climatetech tax incentive program authorized by paragraph (1) of subsection (d) of section 16 of
2233   chapter 23J.
2234  (34) the disclosure to the clean energy technology center established in section 2 of
2235   chapter 23J of return and wage reporting information of an offshore wind company certified
2236   pursuant to subsection (b) of section 8A of chapter 23J, that is: (i) received by the commissioner
2237   pursuant to this chapter or chapter 62E; and (ii) necessary for the administration of the offshore
2238   wind tax incentive program authorized by subsection (d) of section 8A of chapter 23J.
2239  SECTION 122. Section 6 of chapter 62F of the General Laws, as so appearing, is hereby
2240   amended by adding the following paragraph:-
2241  A credit under this section shall not be allowed if the department of revenue determines
2242   that the net state tax revenues in the fiscal year are less than 7.5 per cent of the total statewide
2243   personal income for the calendar year ending in the fiscal year as determined by the Bureau of
2244   Economic Analysis in the United States Department of Commerce.
2245  SECTION 123. The second paragraph of the definition of “Net income” in paragraph 4 of
2246   section 30 of chapter 63 of the General Laws, as amended by section 4 of chapter 65 of the acts
2247   of 2026, is hereby further amended by adding the following sentence:- For purposes of this
2248   paragraph, in the case of a taxpayer required to file a combined report pursuant to section 32B,
2249   where at least 1 member of the combined group is a marijuana establishment licensed pursuant to
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2250   chapter 94G or a medical marijuana establishment licensed pursuant to chapter 94I, amounts paid
2251   or incurred by any member of the combined group during the taxable year in carrying on the
2252   trade or business of such unitary business that would have been deductible under the Code, but
2253   for section 280E of said Code, shall be treated as amounts paid or incurred in carrying on such
2254   trade or business for purposes of this paragraph, without regard to whether the member that paid
2255   or incurred such amounts is the member that holds the license.
2256  SECTION 124. Section 38R of said chapter 63, as appearing in the 2024 Official Edition,
2257   is hereby amended by inserting, after the word “criteria”, in line 45, the following words:- and
2258   there shall be a preference for projects that are adaptive reuse allowed as-of-right in
2259   commercially zoned districts pursuant to section 3C of chapter 40A.
2260  SECTION 125. Section 38U of said chapter 63, as so appearing, is hereby amended by
2261   striking out, in lines 51 and 52, the words “neither credit allowed by section 31A nor section 31H
2262   is taken” and inserting in place thereof the following words:- the credit allowed by section 31H is
2263   not taken.
2264  SECTION 126. Section 38CC of said chapter 63, as so appearing, is hereby amended by
2265   striking out subsection (a) and inserting in place thereof the following subsection:-
2266  (a) A taxpayer, to the extent authorized by the life sciences tax incentive program
2267   established in section 5 of chapter 23I, may be allowed a refundable jobs credit against the tax
2268   liability imposed under this chapter in an amount and schedule determined by the Massachusetts
2269   Life Sciences Center in consultation with the department. The credit allowed under this section
2270   shall be taken only after the taxpayer executes a contract under paragraph (2) of subsection (d) of
2271   section 5 of chapter 23I.
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2272  SECTION 127. Said section 38CC of said chapter 63, as so appearing, is hereby further
2273   amended by striking out, in line 7, the figure “50” and inserting in place thereof the following
2274   figure:- 25.
2275  SECTION 128. Subsection (c) of said section 38CC of said chapter 63, as so appearing,
2276   is hereby amended by adding the following sentence:- If the taxpayer is subject to a minimum
2277   excise under this chapter, the amount of the credit allowed by this section shall not reduce the
2278   excise to an amount less than the minimum excise.
2279  SECTION 129. Said section 38CC of said chapter 63, as so appearing, is hereby further
2280   amended by striking out, in line 20, the figure “$30,000,000” and inserting in place thereof the
2281   following figure:- $40,000,000.
2282  SECTION 130. Said section 38CC of said chapter 63, as so appearing, is hereby further
2283   amended by adding the following 2 subsections:-
2284  (e) If the Massachusetts Life Sciences Center makes a determination to revoke the
2285   certification of a life sciences company pursuant to paragraph (4) of subsection (e) of section 5 of
2286   chapter 23I, a portion of the tax credit otherwise allowed by this section and claimed by the
2287   company prior to the date of such determination shall be added back as additional tax due and
2288   shall be reported as such on the return of the taxpayer for the taxable period in which such
2289   determination is made. The amount of credits subject to recapture shall be proportionate to the
2290   company’s compliance, as determined by the Massachusetts Life Sciences Center as part of its
2291   revocation process and reported to the corporation and the department at the time certification is
2292   revoked.
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2293  (f) Nothing in this section shall limit the authority of the commissioner of revenue to
2294   make an adjustment to a corporation's liability upon audit.
2295  SECTION 131. Section 38RR of said chapter 63, as so appearing, is hereby amended by
2296   inserting after the word “facility”, in line 29, the following words:- in the case of an owner and
2297   not more than 50 per cent of the owner and tenant’s combined total capital investment in a
2298   climatetech facility in the case of a tenant.
2299  SECTION 132. Said section 38RR of said chapter 63, as so appearing, is hereby further
2300   amended by striking out, in lines 44 and 45, the words “owner’s total capital investment in the
2301   facility equals” and inserting in place thereof the following words:- owner and tenant have made
2302   a combined total capital investment in the facility that is.
2303  SECTION 133. Section 38TT of said chapter 63, as so appearing, is hereby amended by
2304   striking out subsection (a) and inserting in place thereof the following subsection:-
2305  (a) A taxpayer, to the extent authorized by the climatetech tax incentive program
2306   established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable jobs
2307   credit against the tax liability imposed under this chapter in an amount and schedule as
2308   determined by the Massachusetts clean energy technology center established in section 2 of said
2309   chapter 23J, in consultation with the department of revenue. The credit allowed under this
2310   section shall be taken only after the taxpayer executes a contract pursuant to paragraph (3) of
2311   said subsection (d) of said section 16 of said chapter 23J.
2312  SECTION 134. Said section 38TT of said chapter 63, as so appearing, is hereby further
2313   amended by adding the following 2 subsections:-
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2314  (e) If the Massachusetts clean energy technology center makes a determination to revoke
2315   the certification of a climatetech company pursuant to paragraph (2) of subsection (c) of section
2316   16 of chapter 23J, a portion of the tax credit otherwise allowed by this section and claimed by the
2317   taxpayer prior to the date of such determination shall be added back as additional tax due and
2318   shall be reported as such on the return of the taxpayer for the taxable period in which the
2319   determination to revoke the certification is made. The amount of credits subject to recapture shall
2320   be proportionate to the certified climatetech company’s compliance, as determined by the
2321   Massachusetts clean energy technology center as part of its revocation process and reported to
2322   the corporation and the department at the time certification is revoked.
2323  (f) Nothing in this section shall limit the authority of the commissioner of revenue to
2324   make an adjustment to a corporation's liability upon audit.
2325  SECTION 135. Section 38UU of said chapter 63 is hereby repealed.
2326  SECTION 136. Paragraph (qq) of section 6 of chapter 64H of the General Laws, as
2327   appearing in the 2024 Official Edition, is hereby amended by striking out the first sentence and
2328   inserting in place thereof the following sentence:- Sales of gas, steam, electricity or heating fuel
2329   for use by any business that has not more than10 employees and that had gross income of not
2330   more than $2,000,000 for the preceding calendar year and that reasonably expects gross income
2331   of not more than $2,000,000 for the current calendar year.
2332  SECTION 137. Section 2 of chapter 70B of the General Laws, as so appearing, is hereby
2333   amended by striking out, in lines 46 and 47, the words “and which meet the purposes of
2334   subsection (c) of section 9 of chapter 23J”.
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2335  SECTION 138. Chapter 75 of the General Laws is hereby amended by adding the
2336   following 2 sections:-
2337  Section 48. (a) As used in this section and section 49, the following words shall have the
2338   following meanings unless the context clearly requires otherwise:
2339  ”Center”, the center of excellence in nuclear and fusion technology established in
2340   subsection (b).
2341  “Fission energy technology”, technology related to the generation of energy through
2342   nuclear fission reactions including, but not limited to, reactor design, advanced and small
2343   modular reactor technologies, nuclear fuel cycle technologies, reactor materials and nuclear
2344   safety and security systems.
2345  “Fusion energy technology”, technology related to the generation of energy through
2346   nuclear fusion reactions including, but not limited to, plasma physics, superconducting magnet
2347   systems, tritium breeding and handling, inertial confinement fusion and fusion-fission hybrid
2348   systems.
2349  “LIBRA ONE project”, the tritium breeder blanket research program focused on the
2350   development of lithium-based tritium breeding systems for use in commercial fusion reactors.
2351  “PSFC”, the Plasma Science and Fusion Center at the Massachusetts Institute of
2352   Technology.
2353  “University”, the University of Massachusetts at Lowell.
2354  (b) There shall be within the university the center of excellence in nuclear fission energy
2355   technology and fusion energy technology. The center shall serve as the commonwealth’s primary
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2356   institution for interdisciplinary research, workforce training and public-private collaboration in
2357   nuclear fission and fusion energy technology including, but not limited to, the LIBRA ONE
2358   project. The center shall be administered by the university, which may enter into contracts,
2359   subgrant agreements and other cooperative arrangements with other public and private
2360   institutions of higher education, national laboratories and research entities to carry out the
2361   objectives of the center. The center shall operate under the oversight of the university’s board of
2362   trustees, which shall appoint an executive director.
2363  (c) The center shall:-
2364  (i) conduct basic and applied research in nuclear fission and fusion energy technology,
2365   including reactor science, plasma science, superconducting magnet engineering, tritium science,
2366   materials science and related fields;
2367  (ii) develop and operate laboratory facilities, experimental platforms and test beds for
2368   fission and fusion energy research including, but not limited to, the LIBRA ONE project;
2369  (iii) provide undergraduate, graduate and post-doctoral educational programs and
2370   workforce training in nuclear fission and fusion energy technology to support the
2371   commonwealth’s nuclear energy sector;
2372  (iv) foster partnerships with private fission and fusion companies, national laboratories
2373   and other research universities in the commonwealth and nationwide;
2374  (v) support the commercialization of fission and fusion energy technologies developed at
2375   or in partnership with the center; and
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2376  (vi) serve as a resource to state agencies on nuclear fission and fusion energy policy,
2377   regulation and economic development.
2378  (d) Annually, not later than September 1, the center shall submit a report detailing the
2379   center’s activities, research programs, industry partnerships, workforce outcomes and financial
2380   status. The report shall be submitted to the governor and filed with the clerks of the senate and
2381   house of representatives.
2382  Section 49. (a) The university may enter into a contract or other agreement with the PSFC
2383   to carry out the LIBRA ONE project consistent with the objectives of the center established in
2384   section 48. An entity performing work under any such contract shall submit to the university a
2385   progress report detailing: (i) the use of prior-year grant funds; (ii) the current status of LIBRA
2386   ONE project milestones; (iii) the number of graduate students and post-doctoral researchers
2387   supported by the grant; and (iv) any publications, intellectual property filings or industry
2388   partnerships resulting from grant-funded work. The university shall transmit such progress
2389   reports to the executive office of economic development and may withhold further disbursement
2390   pending receipt and review of a satisfactory progress report.
2391  (b) Upon completion of the LIBRA ONE project or expiration of the grant term,
2392   whichever occurs first, the university shall submit a final report to the governor, the joint
2393   committee on economic development and emerging technologies and the senate and house
2394   committees on ways and means summarizing the scientific outcomes of the project, its
2395   implications for fission and fusion energy commercialization in the commonwealth and
2396   recommendations for future investment by the commonwealth in nuclear fission and fusion
2397   energy technologies.
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2398  SECTION 139. The General Laws are hereby amended by inserting after chapter 80A the
2399   following chapter:-
2400  CHAPTER 80B
2401  RESIDENTIAL PROPERTY IMPROVEMENT FINANCING PROGRAM
2402  Section 1. As used in this chapter, the following words shall have the following meanings
2403   unless the context clearly requires otherwise:
2404  “Betterment assessment”, an assessment levied on qualifying residential property
2405   pursuant to chapter 80.
2406  “Municipality”, a city, town or county.
2407  “Program administrator”, a municipality or authorized legal entity operating a qualifying
2408   improvement financing program.
2409  “Property owner”, the owner or owners of record, excluding persons merely occupying
2410   the property.
2411  “Qualifying improvement”, permanent improvements to residential property including
2412   storm hardening, flood mitigation, energy efficiency, renewable energy, water conservation
2413   improvements, sewerage, roofing, repair and replacement of concrete foundations and other
2414   resiliency measures as further defined by regulation.
2415  “Qualifying improvement contractor”, a licensed or registered contractor who has been
2416   registered to participate by a program administrator to install or otherwise perform work to make
2417   qualifying improvements on residential property.
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2418  “Residential property”, real property zoned residential or multifamily residential with
2419   four or fewer dwelling units.
2420  “Third-party administrator”, an entity under contract with a program administrator.
2421  Section 2. (a)(1) A municipality may, by a majority vote of the city or town council, by a
2422   majority vote of the board of selectmen or by resolution of its legislative body, as may be
2423   appropriate, authorize a residential property assessed clean energy program to finance qualifying
2424   improvements to residential property and shall assess, collect, remit and assign betterment
2425   assessments, in return for qualifying improvements for a benefitted property owner located
2426   within such municipality and for costs reasonably incurred in performing such acts. A program
2427   administrator may only offer a program for qualifying improvements to residential properties
2428   within a municipality that has adopted the program.
2429  (2) A municipality may enter into an interlocal agreement providing for a partnership
2430   between not less than 2 municipalities for the purpose of facilitating a program to finance
2431   qualifying improvements to residential property located within the jurisdiction of the
2432   municipalities that are party to the agreement.
2433  (3) A municipality may deauthorize a program administrator through repeal of the vote or
2434   the resolution adopted pursuant to paragraph (1). Any recorded financing agreements at the time
2435   of deauthorization shall continue, except as otherwise provided herein.
2436  (4) An authorized program administrator may contract with third-party administrators to
2437   implement the program as provided herein.
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2438  (5) An authorized program administrator may levy betterment assessments to facilitate
2439   repayment of financing qualifying improvements.
2440  (6) Consistent with the requirements of chapter 80, betterment assessments levied
2441   pursuant to this section and the interest, fees and any penalties thereon shall constitute a lien
2442   against the qualifying residential property until they are paid, notwithstanding section 12 of
2443   chapter 80, and shall continue notwithstanding any alienation or conveyance of the qualifying
2444   residential property by the property owner to a new property owner. Betterment assessments
2445   shall have fixed interest rates based on market conditions and such rates shall not be capped by
2446   statutes or regulations intended to cover the interest rates of unsecured, credit-based finance
2447   options and shall not be limited by restrictions on other betterment financing. A new property
2448   owner shall take title to the qualifying residential property subject to the betterment assessment
2449   and related lien. The lien shall be levied and collected in the same manner as the property taxes
2450   of the participating municipality on real property, including, in the event of default or
2451   delinquency, with respect to any penalties, fees and lien priorities. Each lien may be continued,
2452   recorded and released upon repayment in full of the betterment assessment in the manner
2453   provided for property tax liens. If betterment assessments are paid in installments and any such
2454   installment is not paid when due, the betterment assessment lien may be foreclosed to the extent
2455   of any unpaid installment payments and any penalties, interest and fees related thereto.
2456  (7) A program administrator may incur debt for the purpose of providing financing for
2457   qualifying improvements, which debt is payable from revenues received from the improved
2458   property or any other available revenue source authorized by law.
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2459  (b) The owner of record of the residential property within the jurisdiction of an
2460   authorized program may apply to the authorized program administrator to finance a qualifying
2461   improvement. The program administrator shall only enter into a financing agreement with the
2462   property owner.
2463  Section 3. (a) Prior to entering into a financing agreement, the program administrator
2464   shall make each of the following findings based on a review of public records derived from a
2465   commercially accepted source and the property owner’s statements, records and credit reports:
2466   (i) the total amount of any betterment assessment for a residential property under this section
2467   does not exceed 20 per cent of the fair market value of the property as determined by customary
2468   methods; (ii) the financing agreement does not utilize a negative amortization schedule, a balloon
2469   payment or prepayment fees or fines other than nominal administrative costs; (iii) the capitalized
2470   interest included in the original balance of the assessment financing agreement does not
2471   constitute negative amortization; (iv) all property taxes and any other assessments, including
2472   betterment assessments, levied on the same bill as the property taxes are current and have not
2473   been delinquent for the preceding 3 years, or the property owner’s period of ownership,
2474   whichever is less; (v) there are no outstanding fines or fees related to zoning or code enforcement
2475   violations issued by a municipality, unless the qualifying improvement will remedy the zoning or
2476   code violation; (vi) there are no involuntary liens, including, but not limited to, construction liens
2477   on the residential property; (vii) no notices of default or other evidence of property based debt
2478   delinquency have been recorded or released during the preceding 3 years or the property owner’s
2479   period of ownership, whichever is less; (viii) the property owner is current on all mortgage debt
2480   on the residential property; (ix) the property owner has not been subject to a bankruptcy
2481   proceeding within the last 5 years unless it was discharged or dismissed more than 2 years before
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2482   the date on which the property owner applied for financing; (x) the residential property is not
2483   subject to an existing home equity conversion mortgage or reverse mortgage product; (xi) the
2484   term of the financing agreement does not exceed the weighted average useful life of the qualified
2485   improvements to which the greatest portion of funds disbursed under the assessment contract is
2486   attributable, not to exceed 30 years; (xii) the useful life of a qualifying improvement using
2487   established standards, including certification criteria from government agencies or nationally
2488   recognized standards and testing organizations; (xiii) the total estimated annual payment amount
2489   for all betterment assessments entered into under this section on the residential property does not
2490   exceed 10 per cent of the property owner’s annual household income; and (xiv) the property
2491   owner’s income has been confirmed using reasonable evidence and not relying solely on a
2492   property owner’s statement.
2493  (b) A property owner and the program administrator may agree to include in the
2494   financing agreement provisions for allowing change orders necessary to complete the qualifying
2495   improvement. Any financing agreement or contract for qualifying improvements which includes
2496   such provisions shall meet the requirements of this paragraph. If a proposed change order on a
2497   qualifying improvement is expected to increase the original cost of the qualifying improvement
2498   by not less than 20 per cent or is expected to expand the scope of work for the qualifying
2499   improvement by more than 20 per cent, before the change order may be executed which would
2500   result in an increase in the amount financed through the program administrator for the qualifying
2501   improvement, the program administrator shall notify the property owner, provide an updated
2502   written disclosure form as described in subsection (d) to the property owner and obtain written
2503   approval of the change from the property owner.
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2504  (c) A financing agreement shall not be entered into: (i) if the total cost of the qualifying
2505   improvement, including program fees and interest, is less than $5,000; or (ii) for qualifying
2506   improvements in buildings or facilities under new construction or construction for which a
2507   certificate of occupancy or similar evidence of substantial completion of new construction or
2508   improvement has not been issued.
2509  (d) A financing agreement shall not be executed unless the program administrator first
2510   provides, including via electronic means, a written financing estimate and disclosure to the
2511   property owner which includes all of the following, each of which shall be individually
2512   acknowledged in writing by the property owner: (i) the estimated total amount to be financed,
2513   including the total and itemized cost of the qualifying improvement, program fees and
2514   capitalized interest; (ii) the estimated annual betterment assessment; (iii) the term of the
2515   financing agreement and the schedule for the betterment assessments; (iv) the interest charged
2516   and estimated annual percentage rate; (v) a description of the qualifying improvement; (vi) the
2517   total estimated annual costs that will be required to be paid under the assessment contract,
2518   including program fees; (vii) the total estimated average monthly equivalent amount of funds
2519   that would need to be saved in order to pay the annual costs of the betterment assessment,
2520   including program fees; (viii) the estimated due date of the first payment that includes the
2521   betterment assessment; (ix) a disclosure that the financing agreement may be canceled within 3
2522   business days after signing the financing agreement without any financial penalty for doing so;
2523   (x) a disclosure that the property owner may repay any remaining amount owed, at any time,
2524   without penalty or imposition of additional prepayment fees or fines other than nominal
2525   administrative costs; (xi) disclosure that if the property owner sells or refinances the residential
2526   property, the property owner may be required by a mortgage lender to pay off the full amount
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2527   owed under each financing agreement under this section; (xii) a disclosure that the assessment
2528   will be collected along with the property owner’s property taxes and will result in a lien on the
2529   property from the date the financing agreement is recorded; (xiii) a disclosure that potential
2530   utility or insurance savings are not guaranteed and will not reduce the assessment amount; and
2531   (xiv) a disclosure that failure to pay the assessment may result in penalties, fees, including
2532   attorney fees, court costs and the issuance of a tax certificate that could result in the property
2533   owner losing the property and a judgment against the property owner and may affect the property
2534   owner’s credit rating.
2535  (e) Prior to the financing agreement being approved, the program administrator shall
2536   conduct an oral, recorded telephone call with the property owner during which the program
2537   administrator shall confirm each finding or disclosure required in this section.
2538  Section 4. Not less than 5 business days before entering into a financing agreement, the
2539   property owner shall provide to the holders or loan servicers of any existing mortgages
2540   encumbering or otherwise secured by the residential property a written notice of the owner’s
2541   intent to enter into a financing agreement together with the maximum amount to be financed,
2542   including the amount of any fees and interest, and the maximum annual assessment necessary to
2543   repay the total. A verified copy or other proof of such notice shall be provided to the program
2544   administrator. A provision in any agreement between a mortgagor or other lienholder and a
2545   property owner, or otherwise now or hereafter binding upon a property owner, which allows for
2546   acceleration of payment of the mortgage, note or lien or other unilateral modification solely as a
2547   result of entering into a financing agreement as provided for in this section is unenforceable. This
2548   subsection shall not limit the authority of the holder or loan servicer to increase the required
2549   monthly escrow by an amount necessary to pay the annual assessment.
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2550  Section 5. A property owner may cancel a financing agreement on a form established by
2551   the program administrator within 3 business days after signing the financing agreement without
2552   any financial penalty.
2553  Section 6. A financing agreement executed pursuant to this section, or a summary
2554   memorandum of such agreement, shall be submitted for recording in the appropriate public
2555   records of the municipality within which the residential property is located by the program
2556   administrator within 10 business days after execution of the agreement and the 3-day
2557   cancellation period. A notice of lien for the full amount of the financing shall may be recorded in
2558   the public records of the county where the property is located. Such lien is not enforceable in a
2559   manner that results in the acceleration of the remaining nondelinquent unpaid balance under the
2560   assessment financing agreement.
2561  Section 7. At or before the time a seller executes a contract for the sale of any residential
2562   property for which a betterment assessment has been levied under this section and has an unpaid
2563   balance due, the seller shall give the prospective purchaser a written disclosure statement in the
2564   following form, which shall be set forth in the contract or in a separate writing:
2565  “QUALIFYING IMPROVEMENTS.—The property being purchased is subject to an
2566   assessment on the property pursuant to chapter 80 of the Massachusetts General Laws. The
2567   assessment is for a qualifying improvement to the property and is not based on the value of the
2568   property. You are encouraged to contact the property appraiser’s office to learn more about this
2569   and other assessments that may be provided by law.”.
2570  Section 8. Before disbursing any funds to a qualifying improvement contractor for a
2571   qualifying improvement on residential property, the program administrator shall confirm that the
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2572   applicable work or service has been completed by verifying, through a geolocational verification
2573   application, or as applicable, that the final permit for the qualifying improvement has been closed
2574   with all permit requirements satisfied or a certificate of occupancy or similar evidence of
2575   substantial completion of construction or improvement has been issued.
2576  Section 9. (a) A program administrator or its third-party administrator shall establish a
2577   process to register contractors for participation in a program authorized by a municipality
2578   pursuant to this chapter. A qualifying improvement contractor may only perform such work that
2579   the contractor is appropriately licensed, registered and permitted to conduct. At the time of
2580   application to participate and during participation in the program, contractors shall: (i) hold all
2581   necessary licenses or registrations for the work to be performed which are in good standing; (ii)
2582   comply with all applicable federal, state and local laws and regulations, including obtaining and
2583   maintaining any other permits, licenses or registrations required for engaging in business in the
2584   jurisdiction in which it operates and maintaining all state-required bond and insurance coverage;
2585   and (iii) file with the program administrator a written statement that the contractor will comply
2586   with applicable laws and rules and qualifying improvement program policies and procedures,
2587   including those on advertising and marketing.
2588  (b) A third-party administrator or a program administrator, either directly or through an
2589   affiliate, shall not be registered as a qualifying improvement contractor.
2590  (c) A program administrator shall establish and maintain: (i) a process to monitor
2591   qualifying improvement contractors for performance and compliance with requirements of the
2592   program and shall conduct regular reviews of qualifying improvement contractors to confirm that
2593   each qualifying improvement contractor is in good standing; and (ii) procedures for notice and
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2594   imposition of penalties upon a finding of violation, which may consist of placement of the
2595   qualifying improvement contractor in a probationary status that places conditions for continued
2596   participation, suspension or termination from participation in the program.
2597  Section 10. (a) A program administrator may contract with third-party administrators to
2598   administer a program authorized by a municipality pursuant to this chapter on behalf of and at
2599   the discretion of the program administrator.
2600  (b) The third-party administrator shall be independent of the program administrator and
2601   have no conflicts of interest between managers or owners of the third-party administrator and
2602   program administrator managers, owners, officials, or employees with oversight over the
2603   contract. A program administrator, either directly or through an affiliate, shall not act as a third-
2604   party administrator for itself or for another program administrator.
2605  (c) The contract shall provide for the entity to administer the program according to the
2606   requirements set forth herein and the terms of the vote or resolution by which the municipality
2607   authorized the program; provided, however, that only the program administrator may levy or
2608   administer betterment assessments.
2609  The program administrator shall include in any contract with the third-party administrator
2610   the right to perform annual reviews of the administrator to confirm compliance with the
2611   requirements set forth herein, the terms of the vote or resolution by which the municipality
2612   authorized the program, and the contract with the program administrator.
2613  Section 11. (a) When communicating with a property owner, a program administrator,
2614   qualifying improvement contractor or third-party administrator shall not suggest or imply: (i) that
2615   a betterment assessment authorized under this chapter is a government assistance program; (ii)
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2616   that qualifying improvements are free or provided at no cost, or that the financing related to a
2617   betterment assessment authorized under this chapter is free or provided at no cost; or (iii) that the
2618   financing of a qualifying improvement using the program authorized pursuant to this chapter
2619   does not require repayment of the financial obligation.
2620  (b) When communicating with a property owner, a program administrator, qualifying
2621   improvement contractor or third-party administrator shall not: (i) make any representation as to
2622   the tax deductibility of a betterment assessment; (ii) provide to a qualifying improvement
2623   contractor any information that discloses the amount of financing for which a property owner is
2624   eligible for qualifying improvements or the amount of equity in a residential property; (iii)
2625   advertise the availability of betterment assessments for, or solicit program participation on behalf
2626   of, the program administrator unless the contractor is registered by the program administrator to
2627   participate in the program and is in good standing with the program administrator; (iv) provide
2628   any payment, fee or kickback to a qualifying improvement contractor for referring property
2629   owners to the program administrator or third-party administrator; provided, however, that a
2630   program administrator or third-party administrator may provide information to a qualifying
2631   improvement contractor to facilitate the installation of a qualifying improvement for a property
2632   owner; (v) reimburse a qualifying improvement contractor for its expenses in advertising and
2633   marketing campaigns and materials; or (vi) provide any direct cash payment or other thing of
2634   material value to a property owner which is explicitly conditioned upon the property owner
2635   entering into a financing agreement; provided, however, that a program administrator or third-
2636   party administrator may offer programs or promotions on a nondiscriminatory basis that provide
2637   reduced fees or interest rates if the reduced fees or interest rates are reflected in the betterment
2638   assessments and are not provided to the property owner as cash consideration.
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2639  (c) A program administrator, qualifying improvement contractor or third-party
2640   administrator may encourage a property owner to seek the advice of a tax professional regarding
2641   tax matters related to assessments.
2642  Section 12. (a) A recorded financing agreement shall not be removed from attachment to
2643   a residential property if the property owner fraudulently obtained funding pursuant to this
2644   chapter. A financing agreement shall not be enforced, and a recorded financing agreement may
2645   be removed from attachment to a residential property and deemed null and void, if: (i) the
2646   property owner applied for, accepted and canceled a financing agreement within the 3-business-
2647   day period pursuant to this chapter; provided, however, that a qualifying improvement contractor
2648   shall not begin work under a canceled contract; (ii) a person other than the property owner
2649   obtained the recorded financing agreement; provided, however, that the court may enter an order
2650   which holds a person personally liable for the debt; or (iii) the program administrator, third-party
2651   administrator or qualifying improvement contractor approved or obtained funding through
2652   fraudulent means and in violation of this chapter for qualifying improvements on the residential
2653   property.
2654  (b) If a qualifying improvement contractor has initiated work on residential property
2655   under a contract deemed unenforceable under this section, the qualifying improvement contractor
2656   shall: (i) not receive compensation for that work under the financing agreement; (ii) restore the
2657   residential property to its original condition at no cost to the property owner; and (iii)
2658   immediately return any funds, property and other consideration given by the property owner. If
2659   the property owner provided any property and the qualifying improvement contractor does not or
2660   cannot return it, the qualifying improvement contractor shall immediately return the fair market
2661   value of the property or its value as designated in the contract, whichever is greater.
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2662  (c) If the qualifying improvement contractor has delivered chattel or fixtures to
2663   residential property pursuant to a contract deemed unenforceable under this section, the
2664   qualifying improvement contractor has 90 days after the date on which the contract was executed
2665   to retrieve the chattel or fixtures; provided, however, that: (i) the qualifying improvement
2666   contractor has fulfilled the requirements of subsections (a) and (b) of section 3; and (ii) the
2667   chattel and fixtures can be removed at the qualifying improvement contractor’s expense without
2668   damaging the residential property.
2669  (d) If a qualifying improvement contractor fails to comply with this section, the property
2670   owner may retain any chattel or fixtures provided pursuant to a contract deemed unenforceable
2671   under this section.
2672  (e) A contract that is otherwise unenforceable under this section shall remain enforceable
2673   if the property owner waives the owner’s right to cancel the contract or cancels the financing
2674   agreement pursuant to the provisions of this chapter, but allows the qualifying improvement
2675   contractor to proceed with the installation of the qualifying improvement.
2676  Section 13. Each program administrator that is authorized to administer a program for
2677   financing qualifying improvements to residential property under this section shall post on its
2678   website an annual report within 45 days after the end of each fiscal year containing the following
2679   information from the previous year for each program authorized under the provisions of this
2680   chapter: (i) the number and types of qualifying improvements funded; and (ii) the aggregate,
2681   average and median dollar amounts of annual betterment assessments and the total number of
2682   betterment assessments collected pursuant to financing agreements for qualifying improvements.
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2683  SECTION 140. Section 1 of chapter 90 of the General Laws, as appearing in the 2024
2684   Official Edition, is hereby amended by inserting after the definition of “Class 2 electric bicycle”
2685   the following definition:-
2686  “Class 3 electric bicycle”, an electric bicycle or tricycle equipped with a motor that
2687   provides assistance only when the rider is pedaling and that ceases to provide assistance when
2688   the bicycle reaches or exceeds the speed of 28 miles per hour.
2689  SECTION 141. Said section 1 of said chapter 90, as so appearing, is hereby further
2690   amended by inserting after the definition of “Cross-over mirror” the following definition:-
2691  “Cycle”, a powered or unpowered device with functional human-powered pedals or a
2692   device without human-powered pedals on which a rider is seated during operation, including
2693   bicycles as defined in section 1 of chapter 90E.
2694  SECTION 142. Said section 1 of said chapter 90, as so appearing, is hereby further
2695   amended by striking out, in line 104, the words “or a class 2 electric bicycle” and inserting in
2696   place thereof the following words:- , a class 2 electric bicycle or a class 3 electric bicycle;
2697   provided, however, that “electric bicycle” shall not include a motorized bicycle.
2698  SECTION 143. Said section 1 of said chapter 90, as so appearing, is hereby further
2699   amended by inserting after the definition of “Massachusetts license” the following definition:-
2700  “Micromobility device”, a small, lightweight transportation device intended for personal
2701   use as an alternative to motor vehicles for travel in public access areas, including ways and
2702   bikeways, and as may be further defined by regulations promulgated by the registrar; provided,
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2703   however, that a “micromobility device” shall not include a motor vehicle, motorcycle, motorized
2704   bicycle or moped, low speed vehicle, limited use motorcycle or low speed motorcycle.
2705  SECTION 144. Said section 1 of said chapter 90, as so appearing, is hereby further
2706   amended by inserting after the definition of “Mobile telephone” the following definition:-
2707  “Mobility aid device”, a device used by a pedestrian with a mobility disability to assist
2708   with indoor and outdoor locomotion, including an electric personal assistive mobility device
2709   used by a vulnerable user, a group wheelchair, a mobility cart and other such devices.
2710  SECTION 145. Said section 1 of said chapter 90, as so appearing, is hereby further
2711   amended by striking out the definition of “Motorized bicycle” and inserting in place thereof the
2712   following definition:-
2713  “Motorized bicycle”, a pedal bicycle that has a helper motor or a nonpedal bicycle that:
2714   (i) has a motor with a cylinder capacity not exceeding 50 cubic centimeters or the hybrid or
2715   electric powered equivalent; (ii) has an automatic transmission; and (iii) is capable of a
2716   maximum speed of not more than 30 miles per hour; provided, however, that “motorized
2717   bicycle” shall not include an electric bicycle; and provided further, that “motorized bicycle shall
2718   include a moped.
2719  SECTION 146. Said section 1 of said chapter 90, as so appearing, is hereby further
2720   amended by striking out the definition of “Motorized scooter”.
2721  SECTION 147. Said section 1 of said chapter 90, as so appearing, is hereby further
2722   amended by inserting after the definition of “Motor vehicles” the following definition:-
2723  “Nationally recognized testing laboratory”, as defined in 29 C.F.R 1910.7.
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2724  SECTION 148. Said section 1 of said chapter 90, as so appearing, is hereby further
2725   amended by inserting after the definition of “Police officer” the following definition:-
2726  “Powered micromobility device”, a micromobility device that has an onboard motor
2727   capable of delivering tractive power to the device as power-assist to human-powered propulsion
2728   or as sole propulsion or throttle including, but not limited to, electric scooters, skateboards,
2729   hoverboards and unicycles with onboard motors; provided, however, that “powered
2730   micromobility device” shall not include mobility aid devices.
2731  SECTION 149. Said section 1 of said chapter 90, as so appearing, is hereby further
2732   amended by inserting after the definition of “School pupil” the following definition:-
2733  “Scooter”, a powered or unpowered device without pedals where the rider can sit or stand
2734   on a footboard for typical operation.
2735  SECTION 150. Said section 1 of said chapter 90, as so appearing, is hereby further
2736   amended by inserting after the definition of “Semi-trailer unit” the following definition:-
2737  “Solely human-powered micromobility device”, a micromobility device propelled
2738   exclusively by human muscular effort that has no onboard motor capable of delivering tractive
2739   power to the device including, but not limited to, nonelectric bicycles, unpowered scooters,
2740   skateboards, longboards, unicycles, roller skates, inline skates and any such other unpowered
2741   micromobility devices; provided, however, that “solely human-powered micromobility device”
2742   shall not include mobility aid devices.
2743  SECTION 151. The first paragraph of section 1B of said chapter 90, as so appearing, is
2744   hereby amended by striking out the last sentence and inserting in place thereof the following 2
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2745   sentences:- A motorized bicycle shall not be operated upon any way within the commonwealth
2746   without obtaining an annual registration and sticker or plate bearing a distinctive number, by an
2747   application as prescribed by the registrar. Motorized bicycles shall be excluded from operating
2748   on bike lanes and off-street recreational bicycle paths.
2749  SECTION 152. Said section 1B of said chapter 90, as so appearing, is hereby further
2750   amended by adding the following paragraph:-
2751  No motorized bicycle shall be registered under this section unless the application is
2752   accompanied by a certificate as defined in section 34A or unless the registrar is otherwise
2753   satisfied that the applicant and motorized bicycle have compulsory liability insurance.
2754  SECTION 153. Section 1C of said chapter 90, as so appearing, is hereby amended by
2755   striking out, in line 1, the words “and motorized scooters”.
2756  SECTION 154. Section 1E of said chapter 90 is hereby repealed.
2757  SECTION 155. Said chapter 90 is hereby further amended by inserting after section 2 the
2758   following section:-
2759  Section 21/2. (a) The registrar of motor vehicles may issue number or registration plates
2760   for motor vehicles or micromobility devices not otherwise defined in section 1; provided,
2761   however, that a motor vehicle or micromobility device shall not be eligible to be registered
2762   pursuant to chapter 90B.
2763  (b) The registrar, in consultation with the division of insurance, may promulgate
2764   regulations, including, but not limited to: (i) definitions for each type of motor vehicle or
2765   micromobility devices not otherwise defined in section 1; (ii) requirements for registration and
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2766   operation; (iii) any restrictions for registration and operation; (iv) equipment requirements; (v)
2767   inspection requirements; and (vi) insurance required for such motor vehicles and micromobility
2768   devices.
2769  SECTION 156. Section 2F of said chapter 90, as appearing in the 2024 Official Edition,
2770   is hereby amended by striking out, in line 4, the figure “$100,000” and inserting in place thereof
2771   the following figure:- $50,000.
2772  SECTION 157. Section 8B of said chapter 90, as so appearing, is hereby amended by
2773   striking out, in line 20, the words “or motorized scooter”.
2774  SECTION 158. Section 17 of said chapter 90, as so appearing, is hereby amended by
2775   striking out, in lines 9 and 11, the words “for a distance of a quarter of a mile”, each time they
2776   appear.
2777  SECTION 159. Said section 17 of said chapter 90, as so appearing, is hereby further
2778   amended by striking out, in line 13, the words “for a distance of one-eighth of a mile”.
2779  SECTION 160. Said chapter 90 is hereby further amended by adding the following
2780   section:-
2781  Section 64. (a) For purposes of this section, the following words shall have the following
2782   meanings unless the context clearly requires otherwise:
2783  “Maximum designed speed tier classification system”, the system by which
2784   micromobility devices are categorized according to the maximum speed, measured in miles per
2785   hour, that the manufacturer designed the device to attain on a flat surface in normal conditions by
2786   an average rider.
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2787  “Shared use path”, a path intended for transportation or recreational use that is designed
2788   for people of all ages and abilities on foot or using motorized or non-motorized micromobility
2789   devices and is physically separated from motorized vehicle traffic within a highway right-of-way
2790   or an independent right-of-way with few crossflows with motor vehicles.
2791  “Speed tier 0”, all unpowered micromobility devices and powered micromobility devices
2792   with a maximum manufacturer assisted or designed speed, whichever is higher, of not more than
2793   20 miles per hour, including, but not limited to, unpowered micromobility devices, class 1 and
2794   class 2 electric bicycles and mobility aid devices.
2795  “Speed tier 1”, a powered micromobility device with a maximum manufacturer assisted
2796   or designed speed, whichever is higher, of not less than 21 miles per hour and not more than 30
2797   miles per hour, including, but not limited to, class 3 electric bicycles.
2798  “Speed tier 2”, a powered micromobility device with a maximum manufacturer assisted
2799   or designed speed, whichever is higher, of not less than 31 miles per hour and not more than 40
2800   miles per hour; provided, however, that “speed tier 2” shall not include low speed vehicles,
2801   limited use motorcycles or low speed motorcycles.
2802  “Speed tier 3”, a powered micromobility device with a maximum manufacturer assisted
2803   or designed speed, whichever is higher, greater than 40 miles per hour.
2804  (b) Except as otherwise provided by state or federal law or by regulations of the registrar,
2805   powered micromobility devices sold, leased, rented or operated in the commonwealth shall have
2806   a minimum battery rating of UL 2271 or equivalent standard, as certified by a nationally
2807   recognized testing laboratory.
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2808  (c) Except as otherwise provided by state or federal law or by regulations of the registrar,
2809   powered micromobility devices sold, leased, rented or operated in the commonwealth, except
2810   electric bicycles, shall have a minimum electrical system level rating of UL 2272 or equivalent
2811   standard, as certified by a nationally recognized testing laboratory. Electric bicycles sold, leased,
2812   rented or operated in the commonwealth shall have a minimum electrical system level rating of
2813   UL 2849 or equivalent standard, as certified by a nationally recognized testing laboratory.
2814  (d) Except as otherwise provided by state or federal law or by regulations of the registrar,
2815   motorized bicycles or mopeds powered by a lithium-ion battery sold, leased, rented or operated
2816   in the commonwealth shall have a minimum electrical system level rating UL 2850 or equivalent
2817   standard, as certified by a nationally recognized testing laboratory.
2818  (e)(1)(A) Except as otherwise required by state or federal law or by regulations of the
2819   registrar, speed tier 0 and speed tier 1 micromobility devices sold, leased, rented or operated in
2820   the commonwealth shall be equipped with lights, brakes and an audible warning that satisfy the
2821   requirements of section 11B of chapter 85 and federal requirements for bicycle reflectors and
2822   brakes established in 16 C.F.R. 1512.
2823  (B) Except as otherwise required by state or federal law or by regulations of the registrar,
2824   speed tier 2 and speed tier 3 micromobility devices sold, leased, rented or operated in the
2825   commonwealth shall be equipped with lights, brakes and a horn that satisfy the requirements for
2826   motor vehicles established in 49 C.F.R. 571.
2827  (2)(A) Except as otherwise provided by state or federal law or by regulations of the
2828   registrar, a person who is 16 years of age or younger who operates a speed tier 0 micromobility
2829   device, except for a mobility aid device, or is being carried as a passenger on such micromobility
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2830   device on a public way, bicycle path or on any other public right-of-way shall wear a helmet.
2831   The helmet shall fit the person’s head, shall be secured to the person’s head by straps while the
2832   micromobility device is being operated and shall meet the standards for helmets established by
2833   the United States Consumer Product Safety Commission pursuant to 16 C.F.R. 1203. This
2834   subparagraph shall not apply to a passenger if the passenger is in an enclosed trailer or other
2835   device which adequately holds the passenger in place and protects the passenger’s head from
2836   impact in a crash.
2837  (B) Except as otherwise provided by state or federal law or by regulations of the registrar,
2838   any person operating a speed tier 1, 2 or 3 micromobility device or riding as a passenger on a
2839   micromobility device shall wear protective headgear conforming with such minimum standards
2840   of construction and performance as the registrar may prescribe and no person operating such a
2841   micromobility device shall permit any other person to ride as a passenger on such micromobility
2842   device unless such passenger is wearing protective headgear. The registrar may, by regulation,
2843   vary any such requirement by speed tier, device type or circumstance of operation.
2844  (3) Except as otherwise required by state or federal law or by regulations of the registrar,
2845   no person who is not more than 16 years of age shall purchase, rent, lease or operate any
2846   micromobility device designated as a speed tier 1, speed tier 2 or speed tier 3 micromobility
2847   device; provided, however, that this restriction shall not apply to any such person operating a
2848   mobility aid device.
2849  (4) Except as otherwise required by state or federal law or by regulations of the registrar,
2850   no person who is not more than 14 years of age shall purchase, rent, lease or operate a powered
2851   micromobility device, motorized bicycle or moped designated as a speed tier 0, speed tier 1,
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2852   speed tier 2 or speed tier 3 micromobility device; provided, however, that this restriction shall
2853   not apply to any such person operating a solely human-powered micromobility device,
2854   unpowered micromobility device or mobility aid device.
2855  (5) No person shall operate a micromobility device with more passengers than the device
2856   was designed to accommodate by the manufacturer, except as may be allowed by regulation.
2857  (6)(A) Except as otherwise provided by state or federal law or by regulations of the
2858   registrar, speed tier 0 micromobility devices and the operator of a speed tier 0 micromobility
2859   device shall be afforded all of the rights and privileges and shall be subject to all of the duties of
2860   the operator of a bicycle or duties related to a bicycle set forth in sections 11B and 11B1/2 of
2861   chapter 85 or any other general or special law, regulation or local ordinance.
2862  (B) Except as otherwise provided by state or federal law or by regulations of the registrar,
2863   speed tier 1 micromobility devices and the operator of such speed tier 1 micromobility device
2864   shall be afforded all of the rights and privileges and shall be subject to all of the duties of the
2865   operator of an electric bicycle or duties related to an electric bicycle set forth in section 11B3/4
2866   of chapter 85 or any other general or special law, regulation or local ordinance.
2867  (C) Except as otherwise provided by state or federal law or by regulations of the registrar,
2868   no person shall operate a speed tier 2 or speed tier 3 micromobility travel on sidewalks, bike
2869   lanes, bike paths, bike routes, separated micromobility lanes or shared use paths.
2870  (f) No person shall make any aftermarket modifications to a micromobility device,
2871   including aftermarket modifications made to the device’s battery, to increase either the
2872   manufacturer-designed: (i) speed, range or propulsion power of a micromobility device; or (ii)
2873   passenger capacity of a micromobility device, except as may be allowed by regulation.
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2874  (g) No micromobility device shall be sold, rented, leased or operated in the
2875   commonwealth if it does not satisfy the requirements of this section for the device’s respective
2876   speed tier based on the device’s maximum manufacturer assisted or designed speed, whichever is
2877   higher.
2878  (h) Micromobility devices shall be subject to all speed limits and speed restrictions for
2879   motor vehicles established by: (i) municipalities or the division of highways within the
2880   Massachusetts Department of Transportation pursuant to sections 17 and 18; (ii) regulations of
2881   the department under chapter 90E; or (iii) rules and regulations of the department of
2882   conservation. A violation of such speed limits and speed restrictions shall be subject to all civil
2883   and criminal fines applicable to the operation of a motor vehicle in violation of such speed limits
2884   and restrictions. Micromobility devices shall be subject to all civil and criminal fines and
2885   penalties applicable to the operation of a motor vehicle under sections 24 to 24R, inclusive, 24V
2886   and 25; provided, however, that administrative penalties shall not apply unless provided by
2887   regulations of the registrar. No micromobility device shall be subject to insurance requirements
2888   relative to said sections 24 to 24R, inclusive, 24V and 25 unless so provided by regulations
2889   promulgated by the registrar.
2890  (i) The registrar, in consultation with the division of insurance, may promulgate
2891   regulations establishing registration, licensure, insurance, fines and other requirements for
2892   micromobility devices necessary to promote public and roadway safety.
2893  SECTION 161. Chapter 90E of the General Laws is hereby amended by striking out
2894   section 1, as appearing in the 2024 Official Edition, and inserting in place thereof the following
2895   section:-
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2896  Section 1. For the purposes of this chapter, the following words shall have the following
2897   meanings unless the context clearly requires otherwise:
2898  “Bicycle”, a 2-wheel nonmotor-powered vehicle.
2899  “Bicycle parking facility”, any facility for the temporary storage of bicycles or
2900   micromobility devices that allows the frame and the wheels of the bicycle or micromobility
2901   device to be locked so as to minimize the risk of theft and vandalism.
2902  “Bike lane”, a lane on a street restricted to bicycles and speed tier 0 or speed tier 1
2903   micromobility devices as defined in section 64 of chapter 90 and so designated by means of
2904   painted lines, pavement coloring or other appropriate markings; provided, however, that
2905   motorized bicycles shall not be permitted to use bike lanes.
2906  “Bike path”, a route for the exclusive use of bicycles and speed tier 0 or speed tier 1
2907   micromobility devices, separated by grade or other physical barrier from motor traffic; provided,
2908   however, that motorized bicycles shall not be permitted to use bike paths.
2909  “Bike route”, a roadway shared by bicycles, micromobility devices and other forms of
2910   transportation designated by the means of signs or pavement markings.
2911  “Bikeway”, bike paths, bike lanes and bike routes.
2912  “Commissioner”, the administrator for highways.
2913  “Department”, the division of highways.
2914  “Shared use path”, a path intended for transportation or recreational use that is designed
2915   for people of all ages and abilities on foot or using motorized or non-motorized micromobility
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2916   devices and is physically separated from motorized vehicle traffic within a highway right-of-way
2917   or an independent right-of-way with few crossflows with motor vehicles.
2918  SECTION 162. Section 2 of said chapter 90E, as so appearing, is hereby amended by
2919   adding the following paragraph:-
2920  The maximum speed for micromobility devices as defined in section 1 of chapter 90 on
2921   shared use paths shall be 20 miles per hour unless otherwise provided by the municipality in
2922   which the shared use path is located. Nothing in this paragraph shall be construed as prohibiting
2923   or limiting a municipality from setting a maximum speed for a shared use path located within its
2924   boundaries.
2925  SECTION 163. The General Laws are hereby amended by inserting after chapter 90K the
2926   following chapter:-
2927  CHAPTER 90L.
2928  AUTOMATED ROAD SAFETY ENFORCEMENT PROGRAM.
2929  Section 1. For the purposes of this chapter, the following words shall have the following
2930   meanings unless the context clearly requires otherwise:
2931  “Automated road safety camera system”, an automated motor vehicle sensor device that
2932   produces digital photographs, video or other images of a motor vehicle that commits a speed
2933   camera enforceable violation at the location where the automated motor vehicle sensor device is
2934   installed.
2935  “Department”, the Massachusetts Department of Transportation.
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2936  “Enforcing authority”, (i) the municipal entity designated by the city manager in a city
2937   with a Plan D or E form of government, the mayor in all other cities or the select board in a
2938   town; (ii) the department; or (iii) such other person, contractor or entity as the municipal entity or
2939   the department may designate to supervise and coordinate the administration of speed camera
2940   enforceable violations under this chapter.
2941  “Registrar”, the registrar of motor vehicles.
2942  “Secretary”, the secretary of transportation.
2943  “Social and racial equity”, efforts, policies, standards, processes and any other functions
2944   of government intended to ensure that patterns of discrimination against and disparities of race,
2945   ethnicity or socioeconomic status, whether intentional or unintentional, are neither reinforced nor
2946   perpetuated and to prevent the emergence and persistence of foreseeable future patterns of
2947   discrimination against or disparities of race, ethnicity or socioeconomic status.
2948  “Speed camera enforceable violation”, exceeding the posted speed limit in violation of
2949   section 17, section 17C, section 17D or section 18 of chapter 90, by: (i) 11 miles per hour or
2950   more in a school zone established by a city or town pursuant to section 2 of chapter 85, when a
2951   school zone speed limit is in effect; or (ii) 11 miles per hour or more in an active construction or
2952   work zone, or a designated safety zone established pursuant to section 18B of said chapter 90.
2953  Section 2. (a) There shall be within the division of highways an automated road safety
2954   enforcement program. The division shall establish by regulation the requirements, standards and
2955   processes for participation in the automated road safety enforcement program for municipalities
2956   and issue a procurement pursuant to which enforcing authorities may obtain road safety camera
2957   systems and other related services to implement speed camera enforcement of violations. An
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2958   enforcing authority may install automated road safety camera systems as a means of promoting
2959   traffic safety. The automated road safety camera systems may be placed: (i) by a municipality
2960   along any school zone established by the city or town pursuant to section 2 of chapter 85; (ii) by
2961   a municipality along any safety zone established by the city or town as provided in section 18B
2962   of chapter 90; or (iii) by the department in any active construction or work zone.
2963  Nothing in this section shall be construed as limiting the authority of law enforcement to
2964   issue citations for speeding violations pursuant to section 2 of chapter 90C.
2965  (b) An enforcing authority shall not employ more than 1 automated road safety camera
2966   system per 5,000 residents as measured by using the most recent census data. Plans for locating
2967   automated road safety camera systems shall be approved by the select board in a town, or by the
2968   city council and the mayor in a city. Nothing in this paragraph shall limit the department from
2969   employing an automated road safety camera system in a construction or work zone, irrespective
2970   of the number of automated road safety camera systems in use in the city or town in which the
2971   work zone exists.
2972  (c) Annually, not later than December 1, a participating city or town shall transmit a
2973   report to the department detailing each automated road safety camera system located in the city
2974   or town during the previous fiscal year. The report shall be in the form and manner determined
2975   by the department and shall include, but not be limited to: (i) a list of the locations of the
2976   automated road safety camera system in the city or town; (ii) the number of fines and warnings
2977   issued for each separate location; (iii) the number of fines and warnings successfully contested
2978   for each separate location's speed camera enforceable violations; (iv) an analysis of speed and
2979   crash data at each separate location; and (v) a description of any other public safety impacts of
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2980   the city or town's participation in the automated road safety enforcement program. The
2981   department shall post all reports received pursuant to this section on its website.
2982  Section 3. (a) The fines and warnings imposed for speed camera enforceable violations,
2983   as accrued in a 2-year look-back period, shall be: (i) a warning for a first violation; and (ii)
2984   either: (A) $25 for a second or subsequent violation; or (B) $100 for a second or subsequent
2985   violation of driving at a speed of 25 miles per hour or more over the posted speed limit;
2986   provided, however, that if subclause (B) applies, then the fine under subclause (A) shall not
2987   apply. Enforcing authorities shall be responsible for tracking subsequent violations to ascertain
2988   the appropriate fee under this section.
2989  (b) Except as provided in section 4, the registered owner of a motor vehicle shall be liable
2990   for the fine; provided, however, that a registered owner of a motor vehicle shall not be liable for
2991   the fine imposed under this program for a speed camera enforceable violation if the operator of
2992   the motor vehicle was issued a citation for the violation in accordance with section 2 of chapter
2993   90C.
2994  (c) A certificate, or a facsimile thereof, based upon inspection of photographs, video or
2995   other images and data produced by an automated road safety camera system and sworn to or
2996   affirmed by the enforcing authority shall be prima facie evidence of the facts contained therein.
2997  (d) Notice of a speed camera enforceable violation issued by an enforcing authority under
2998   the automated road safety enforcement program shall not be: (i) made part of the official record
2999   of the person upon whom such liability is imposed as provided in section 27 of chapter 90; or (ii)
3000   a conviction of a moving violation of the motor vehicle laws for the purpose of determining a
3001   surcharge on a motor vehicle premium pursuant to section 113B of chapter 175.
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3002  (e) An enforcing authority may hire and designate personnel as necessary or contract for
3003   services to implement the automated road safety enforcement program through the procurement
3004   conducted by the highway division provided in subsection (a) of section 2. Any such contract
3005   shall include a provision that all data collected from automated road safety camera systems is
3006   confidential and the exclusive property of the contracting enforcement authority, and shall
3007   prohibit the contractor from using, disclosing, selling or permitting access to data collected by an
3008   automated road safety camera system except as necessary to process speed camera enforceable
3009   violations and conduct reporting in accordance with this chapter.
3010  (f)(1) The enforcing authority shall provide a notice of violation to the registered owner
3011   of a motor vehicle that is identified in photographs, video or other images produced by an
3012   automated road safety camera system as evidence of a speed camera enforceable violation
3013   pursuant to the automated road safety enforcement program. The notice shall include, but not be
3014   limited to: (i) a copy of the photographs produced by the automated road safety camera system
3015   and any other data showing the vehicle in the process of a speed camera enforceable violation;
3016   (ii) the registration number and state of issuance of the vehicle; (iii) the date, time and location of
3017   the alleged speed camera enforceable violation; (iv) the specific speed camera enforceable
3018   violation charged; (v) the speed limit and the actual speed of the vehicle; (vi) instructions for
3019   payment of the fine imposed pursuant to subsection (a); (vii) instructions on how to appeal the
3020   speed camera enforceable violation in writing and to obtain a hearing; and (viii) an affidavit form
3021   approved by the enforcing authority for the purposes of making a written appeal pursuant to
3022   subsection (i).
3023  (2) In the case of a violation involving a motor vehicle registered in the commonwealth,
3024   the enforcing authority shall mail the notice of violation within 14 days of the violation to the
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3025   address of the registered owner of the motor vehicle as listed in the records of the registrar. If a
3026   motor vehicle is registered under the laws of another state or country, the notice of violation shall
3027   be mailed within 21 days of the violation to the address of the registered owner as listed in the
3028   records of the official in the state or country that has charge of the registration of the motor
3029   vehicle. If the address is unavailable, it shall be sufficient for the enforcing authority to mail a
3030   notice of violation to the official in the state or country that has charge of the registration of the
3031   motor vehicle.
3032  (3) The notice of violation shall be sent by first class mail. A manual or automatic record
3033   of mailing processed by or on behalf of the enforcing authority in the ordinary course of business
3034   shall be prima facie evidence thereof and shall be admitted as evidence in any judicial or
3035   administrative proceeding as to the facts contained therein.
3036  (g) A registered owner of a motor vehicle shall not be liable for a speed camera
3037   enforceable violation under this program if the: (i) operator of the motor vehicle was operating
3038   an emergency vehicle; (ii) violation was necessary to allow the passage of an emergency vehicle;
3039   (iii) violation was incurred during a period of time in which the motor vehicle was reported to
3040   the police department of any state, city or town as having been stolen and had not been recovered
3041   before the time the violation occurred; (iv) operator of the motor vehicle was operating the motor
3042   vehicle under a rental or lease agreement and the registered owner of the motor vehicle is a rental
3043   or leasing company and has complied with section 4; (v) operator of the motor vehicle was
3044   issued a citation for the violation in accordance with section 2 of chapter 90C; or (vi) violation
3045   was necessary to comply with any other law or regulation governing the operation of a motor
3046   vehicle.
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3047  (h) A registered owner of a motor vehicle to whom a notice of violation has been issued
3048   pursuant to this program may admit responsibility for the violation and pay the fine provided
3049   therein in accordance with the instructions in the notice of violation. Payment of the established
3050   fine shall operate as the final disposition of a speed camera enforceable violation; provided,
3051   however, that payment by a registered owner of a motor vehicle shall operate as the final
3052   disposition of the violation as to any other registered owner of the same motor vehicle for the
3053   same violation.
3054  (i) Not more than 60 days after notice of a speed camera enforceable violation is given
3055   pursuant to this chapter, a registered owner of a motor vehicle may contest responsibility for the
3056   violation in writing by mail or online. The registered owner shall provide the enforcing authority
3057   with a signed affidavit, in a form approved by the enforcing authority, stating the: (i) reason for
3058   disputing the violation; (ii) full legal name and address of the registered owner of the motor
3059   vehicle; and (iii) full legal name and address of the operator of the motor vehicle at the time the
3060   violation occurred. The registered owner may include signed statements from witnesses,
3061   including the names and addresses of witnesses, supporting the registered owner's defense. Not
3062   more than 21 days after receipt of the signed affidavit, the enforcing authority or the hearing
3063   officer shall send the decision of the hearing officer, including the reasons for the outcome, by
3064   first class mail to the registered owner. If the registered owner is found responsible for the
3065   violation, the registered owner shall pay the fine in the manner described in subsection (h) not
3066   more than 14 days after the issuance of the decision or request further judicial review pursuant to
3067   section 14 of chapter 30A.
3068  (j) In lieu of contesting responsibility for a violation in writing or online pursuant to
3069   subsection (i) and not more than 60 days after a violation under this program, a registered owner
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3070   of the motor vehicle may request a hearing in accordance with the instructions in the notice of
3071   violation to contest responsibility for a speed camera enforceable violation. A hearing request
3072   shall be made in writing by mail or online. Upon receipt of a hearing request, the enforcing
3073   authority shall schedule the matter before a hearing officer. The hearing officer may be an
3074   employee of the enforcing authority or such other person as the enforcing authority may
3075   designate. Written notice of the date, time and place of the hearing shall be sent by first class
3076   mail to each registered owner of the motor vehicle. The hearing shall be informal, the rules of
3077   evidence shall not apply and the decision of the hearing officer shall be final subject to judicial
3078   review pursuant to section 14 of chapter 30A. Not more than 21 days after the hearing, the
3079   enforcing authority or the hearing officer shall send the decision of the hearing officer, including
3080   the reason for the outcome, by first class mail to the registered owner. If the registered owner is
3081   found to be responsible for the speed camera enforceable violation, the registered owner shall
3082   pay the fine in the manner described in subsection (h) not more than 14 days after the issuance of
3083   the decision or request further judicial review pursuant to said section 14 of said chapter 30A.
3084  (k) Subject to any limitations the department may impose by regulation or by agreement
3085   with the registrar, the enforcing authority may notify the registrar when a Massachusetts resident
3086   and registered owner of a motor vehicle to whom a notice of a speed camera enforceable
3087   violation has been issued: (i) fails to contest the responsibility for a violation pursuant to
3088   subsection (i) or subsection (j) and fails to pay the fine in the notice in accordance with
3089   subsection (h) within 60 days of the violation; or (ii) is found responsible for the violation and
3090   does not pay the fine in accordance with subsection (h) and the registrar shall not renew the
3091   vehicle's registration. The enforcing authority may, not later than 2 years after the initial fine
3092   issuance was made, transmit such notice of non-payment to the registrar, in such form and
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3093   containing such information as required by the registrar; provided, however, that no notice shall
3094   be transmitted to the registrar under this section at a time when there is pending, before either the
3095   enforcing authority or a court, a duly filed appeal of the fine. Upon receipt of such notification of
3096   nonpayment the registrar shall place the matter on record and not renew the registration of the
3097   motor vehicle to which a notice of a speed camera enforceable violation has been issued to the
3098   registered owner, nor allow an exchange of the registration of such vehicle nor issue a new
3099   registration of such vehicle to the person to whom the unpaid fine was assessed until after notice
3100   from the enforcing authority that the matter has been disposed of in accordance with the
3101   requirements herein. Upon such notification of nonpayment to the registrar, an additional $20
3102   charge payable to the registrar of motor vehicles shall be assessed against the registered owner of
3103   said vehicle to be collected by the enforcing authority to be transferred to the registry of motor
3104   vehicles as part of the non- renewal process. It shall be the duty of the enforcing authority to
3105   notify the registrar that such matters have been disposed of in accordance with the requirements
3106   herein; provided however, that a certified receipt of full and final payment from the enforcing
3107   authority shall also serve as a legal notice to the registrar that the matter has been resolved. The
3108   registrar shall approve such forms as they deem necessary to implement this section and said
3109   forms shall be printed and used by the enforcing authorities.
3110  Section 4. (a) Notwithstanding section 3, if the registered owner of a motor vehicle is a
3111   person or entity engaged in the business of leasing or renting motor vehicles and the motor
3112   vehicle was operated under a rental or lease agreement at the time of the speed camera
3113   enforceable violation, this section shall be applicable and the registered owner shall not be liable
3114   for any unpaid fines if the registered owner has complied with the requirements of this section.
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3115  (b) The enforcing authority shall provide notice in writing of each speed camera
3116   enforceable violation to the registered owner of a motor vehicle if a motor vehicle owned by the
3117   registered owner is involved in a speed camera enforceable violation.
3118  (c) Not more than 45 days after the violation, the registered owner shall furnish to the
3119   enforcing authority, in writing, the name and address of the lessee or rentee of the motor vehicle
3120   at the time of the speed camera enforceable violation, the lessee's or rentee's driver's license
3121   number, the state that issued the driver's license and the lessee's or rentee's date of birth.
3122  (d) Upon receipt of the information required under subsection (c), the enforcing authority
3123   shall issue a notice of a speed camera enforceable violation to the lessee or rentee in the form
3124   prescribed by section 3 and the lessee or rentee shall be liable for the violation.
3125  (e) Subject to any limitations the department may impose by regulation or by agreement
3126   with the registrar, the enforcing authority may notify the registrar as provided in subsection (k)
3127   of section 3 if the lessee or rentee to whom a notice of violation has been issued: (i) fails to
3128   contest the responsibility for a speed camera enforceable violation pursuant to either subsection
3129   (i) or subsection (j) of section 3 and fails to pay the fine in the notice in accordance with
3130   subsection (h) of said section 3 within 90 days of the violation; or (ii) is found responsible for the
3131   violation and does not pay the fine in accordance with said subsection (h) of said section 3;
3132   provided, however, that if the vehicle owner furnished the information under subsection (c), such
3133   non-renewal shall only apply to the license or right to operate of the lessee or rentee and not the
3134   registration of the vehicle.
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3135  Section 5. (a) An enforcing authority shall install a reasonable distance away from each
3136   road safety camera system an unobstructed sign notifying the public that an automated road
3137   safety camera system is in use.
3138  (b) An enforcing authority shall make a public announcement and conduct a public
3139   awareness campaign concerning its use of automated road safety camera systems beginning not
3140   less than 60 days before the first such automated road safety camera system is put into use;
3141   provided, however, that an enforcing authority may install but shall not activate automated road
3142   safety camera systems during the 60-day time period; provided further, that no further public
3143   awareness campaign shall be required for additional automated road safety camera systems that
3144   may be added in the participating city or town.
3145  Section 6. (a) The compensation paid to the manufacturer or vendor of an automated road
3146   safety camera system shall not be based on the number of speed camera enforceable violations
3147   issued or the revenue generated by the automated road safety camera system.
3148  (b) Not less than every 90 days, a city or town that adopts this chapter, or their designee,
3149   shall inspect the automated road safety camera system to verify that the automated road safety
3150   camera system is correctly calibrated. Not less than annually, an independent professional
3151   engineer registered in the commonwealth or an independent laboratory shall verify that the
3152   automated road safety camera system are correctly calibrated. Prior to the installation of an
3153   automated road safety camera system in a work zone, the department or their designee shall
3154   inspect the automated road safety camera system to verify that the automated road safety camera
3155   system is correctly calibrated.
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3156  Section 7. (a) An automated road safety camera system shall only retain photographs,
3157   video or other images when a speed camera enforceable violation occurs. Photographs and video
3158   shall be destroyed not more than 48 hours after the final disposition of a speed camera
3159   enforceable violation.
3160  (b) A photograph, video or other image taken pursuant to this chapter shall not be
3161   discoverable in any judicial or administrative proceeding, other than in a proceeding held
3162   pursuant to this chapter, without a court order. A photograph or video taken pursuant to this
3163   chapter shall not be admissible in any judicial or administrative proceeding, other than in a
3164   proceeding to adjudicate liability for a violation of this chapter, without a court order. A court
3165   shall not order a release of a photograph or video taken pursuant to this chapter unless the
3166   photograph or video establishes or undermines a finding of a moving violation and the speed
3167   camera enforceable violation is material as to a finding of civil or criminal liability.
3168  (c) Photographs, video or other images and other personal identifying information
3169   collected pursuant to this chapter shall not be a public record under clause Twenty-sixth of
3170   section 7 of chapter 4 or chapter 66. Each enforcing authority shall maintain the confidentiality
3171   of all information including, but not limited to, photographs or other recorded images and credit
3172   and account data, relative to the registered vehicle or registered owner of the vehicle subject to a
3173   speed camera enforceable violation. Such information shall be used for enforcement purposes
3174   only with respect to speed camera enforceable violations under this chapter.
3175  (d) An automated road safety camera system shall not be utilized to take a frontal view
3176   photograph of a motor vehicle operator committing a speed camera enforceable violation or
3177   other occupants of the vehicle. A frontal view photograph of a motor vehicle committing a speed
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3178   camera enforceable violation taken by an automated road safety camera system that captures the
3179   operator or occupants of the vehicle shall not be discoverable or admissible in any judicial or
3180   administrative proceeding and shall not be used as the basis for a speed camera enforceable
3181   violation under this chapter. To the extent practicable, additional efforts shall be made to ensure
3182   that photographs produced by an automated road safety camera system shall not be used to
3183   identify the vehicle operator, the passengers or the contents of the vehicle. The use of facial
3184   recognition technology in conjunction with an automated road safety camera system is
3185   prohibited.
3186  (e) A city or town or a manufacturer or vendor of an automated road safety camera
3187   system may not use, disclose, sell or permit access to data collected by an automated road safety
3188   camera system except as necessary to process speed camera enforceable violations and fulfill
3189   reporting requirements in accordance with this chapter.
3190  Section 8. An enforcing authority may recover costs reasonably related to the
3191   implementation and operation of an automated road safety camera system including, but not
3192   limited to, costs associated with: (i) purchasing, maintaining and operating the automated road
3193   safety camera system; (ii) issuing notices of speed camera enforceable violations; (iii) holding
3194   hearings for appeals of speed camera enforceable violations; (iv) notifying the registrar of a
3195   failure to pay a fine under this program; (v) fulfilling reporting requirements in accordance with
3196   this chapter; and (vi) collecting a fine; provided, however, that net revenues collected by
3197   participating cities and towns pursuant to this program shall be deposited in the Massachusetts
3198   Transportation Trust Fund established in section 4 of chapter 6C.
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3199  Section 9. A city or town shall not implement this program unless the city or town has
3200   submitted a plan for the implementation of automated road safety camera systems to the
3201   department and the department has approved the plan. The plan submitted to the department
3202   shall include, but shall not be limited to, data and analysis of the traffic and safety history of the
3203   locations where automated road safety camera systems are proposed to be located, the discussion
3204   of social and racial equity impacts of the plan and steps the municipality shall take to ensure
3205   social and racial equity in the implementation of the plan.
3206  Nothing in this section shall limit the number of work zones in which the department may
3207   install automated road safety camera systems.
3208  SECTION 164. The General Laws are hereby amended by inserting after chapter 93L the
3209   following 2 chapters:-
3210  CHAPTER 93M.
3211  TRANSPARENCY IN FRONTIER ARTIFICIAL INTELLIGENCE ACT
3212  Section 1. As used in this chapter, the following words shall have the following meanings
3213   unless the context clearly requires otherwise:
3214  “Affiliate”, a person controlling, controlled by or under common control with a specified
3215   person, directly or indirectly, through 1 or more intermediaries.
3216  “Artificial intelligence model”, an engineered or machine-based system that varies in its
3217   level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives
3218   how to generate outputs that can influence physical or virtual environments.
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3219  “Catastrophic risk”, a foreseeable and material risk that a frontier developer’s
3220   development, storage, use or deployment of a frontier model will materially contribute to the
3221   death of, or serious injury to, not less than 50 people or not less than $1,000,000,000 in damage
3222   to, or loss of, property arising from a single incident involving a frontier model that: (i) provides
3223   expert-level assistance in the creation or release of a chemical, biological, radiological or nuclear
3224   weapon; (ii) engages in conduct with no meaningful human oversight, intervention or
3225   supervision that is either a cyberattack or, if the conduct had been committed by a human, would
3226   constitute the crime of murder, assault, extortion or theft, including theft by false pretense; or
3227   (iii) evades the control of its frontier developer or user; provided, however, that “catastrophic
3228   risk” shall not include a foreseeable and material risk from: (A) information that a frontier model
3229   outputs if the information is otherwise publicly accessible in a substantially similar form from a
3230   source other than a foundation model; (B) lawful activity of the federal government; or (C) harm
3231   caused by a frontier model in combination with other software if the frontier model did not
3232   materially contribute to the harm.
3233  “Covered employee”, an employee responsible for assessing, managing or addressing risk
3234   of critical safety incidents.
3235  “Critical safety incident”, any: (i) unauthorized access to, modification of, inadvertent
3236   release of or exfiltration of, the model weights of a frontier model; (ii) harm resulting from the
3237   materialization of a catastrophic risk; (iii) loss of control of a frontier model that causes death or
3238   bodily injury or that demonstrates materially increased catastrophic risk; or (iv) instance where a
3239   frontier model that uses deceptive techniques against the frontier developer to subvert the
3240   controls or monitoring of its frontier developer outside of the context of an evaluation designed
3241   to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk.
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3242  “Deploy”, to make a frontier model available to a third party for use, modification,
3243   copying or combination with other software; provided, however, that “deploy” shall not include
3244   making a frontier model available to a third party for the primary purpose of developing or
3245   evaluating the frontier model.
3246  “Foundation model”, an artificial intelligence model that is: (i) trained on a broad data
3247   set; (ii) designed for generality of output; and (iii) adaptable to a wide range of distinctive tasks.
3248  “Frontier AI framework”, documented technical and organizational protocols to manage,
3249   assess and mitigate catastrophic risks.
3250  “Frontier developer”, a person who has trained, or initiated the training of, a frontier
3251   model for which the person has used, or intends to use, at least as much computing power to train
3252   the frontier model as would meet the technical specifications of a frontier model.
3253  “Frontier model”, a foundation model that has been trained using a quantity of computing
3254   power greater than 10^26 integer or floating-point operations; provided, however, that the
3255   quantity of computing power shall include computing for the original training run and for any
3256   subsequent fine-tuning, reinforcement learning or other material modifications the developer
3257   applies to a preceding foundation model.
3258  “Large frontier developer”, a frontier developer that together with its affiliates
3259   collectively has annual gross revenues greater than $500,000,000.
3260  “Model weight”, a numerical parameter in a frontier model that is adjusted through
3261   training and that helps determine how inputs are transformed into outputs.
3262  “Property”, tangible or intangible property.
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3263  Section 2. (a) A large frontier developer shall write, implement, comply with and clearly
3264   and conspicuously publish on its internet website a frontier AI framework that applies to the
3265   large frontier developer’s frontier models and describes in detail how the large frontier developer
3266   handles:
3267  (i) incorporating national standards, international standards and industry-consensus best
3268   practices into its frontier AI framework;
3269  (ii) defining and assessing thresholds used by the large frontier developer to identify and
3270   assess whether a frontier model has capabilities that could pose a catastrophic risk, which may
3271   include multiple-tiered thresholds;
3272  (iii) applying mitigations to address the potential for catastrophic risks based on the
3273   results of assessments undertaken pursuant to clause (ii);
3274  (iv) assessing the ability of the large frontier developer’s frontier models to automate
3275   artificial intelligence research and development and any increased potential for catastrophic risks
3276   or challengers to risk monitoring, assessment or mitigation resulting from such ability;
3277  (v) reviewing assessments and adequacy of mitigations as part of the decision to deploy a
3278   frontier model or use it extensively internally;
3279  (vi) using third parties to assess the potential for catastrophic risks and the effectiveness
3280   of mitigations of catastrophic risks;
3281  (vii) revisiting and updating the frontier AI framework, including any criteria that trigger
3282   updates and how the large frontier developer determines when its frontier models are
3283   substantially modified enough to require disclosures required in subsection (c);
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3284  (viii) cybersecurity practices to secure unreleased model weights from unauthorized
3285   modification or transfer by internal or external parties;
3286  (ix) identifying and responding to critical safety incidents;
3287  (x) instituting internal governance practices to ensure implementation of these processes;
3288   and
3289  (xi) assessing and managing catastrophic risk resulting from the internal use of its frontier
3290   models, including risks resulting from a frontier model circumventing oversight mechanisms.
3291  (b) A large frontier developer shall review and, as appropriate, update its frontier AI
3292   framework not less than annually; provided, however, that if a large frontier developer makes a
3293   material modification to its frontier AI framework, the developer shall clearly and conspicuously
3294   publish the modified frontier AI framework and a justification for such modification not less than
3295   30 days after such modification.
3296  (c)(1) Before, or concurrently with, deploying a new frontier model or a substantially
3297   modified version of an existing frontier model, a frontier developer shall clearly and
3298   conspicuously publish on its website a transparency report containing: (i) the website address of
3299   the frontier developer; (ii) a mechanism that enables a natural person to communicate with the
3300   frontier developer; (iii) the release date of the frontier model; (iv) the languages supported by the
3301   frontier model; (v) the modalities of output supported by the frontier model; (vi) the intended
3302   uses of the frontier model; and (vii) any generally applicable restrictions or conditions on uses of
3303   the frontier model.
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3304  (2) Before, or concurrently with, deploying a new frontier model or a substantially
3305   modified version of an existing frontier model, a large frontier developer shall include in the
3306   transparency report required by paragraph (1) summaries of: (i) assessments of catastrophic risks
3307   from the frontier model conducted pursuant to the large frontier developer’s frontier AI
3308   framework; (ii) the results of such assessments; (iii) the extent to which third-party evaluators
3309   were involved; and (iv) any other steps taken to fulfill the requirements of the frontier AI
3310   framework with respect to the frontier model.
3311  (3) A frontier developer that publishes the information described in paragraph (1) or (2)
3312   as part of a larger document, including a system card or model card, shall have satisfied the
3313   requirements of the applicable paragraph.
3314  (4) A frontier developer may make disclosures described in this subsection that are
3315   consistent with, or superior to, industry best practices.
3316  (c 1/2)(1) A large frontier developer shall clearly and conspicuously publish on its
3317   internet website a risk report that provides an overall assessment of the catastrophic risks posed
3318   by: (i) any frontier models the large frontier developer deploys externally; and (ii) any internally
3319   deployed frontier models with capabilities that materially exceed those of any frontier model that
3320   frontier developer has externally deployed.
3321  (2) A risk report that is required by paragraph (1) shall include, but not be limited to:
3322  (i) a summary of assessments of capabilities of the frontier models relevant to
3323   catastrophic risk, which shall address each type of catastrophic risk and describe any material
3324   changes to the capabilities of the frontier models relevant to each type of catastrophic risk since
3325   the most recently published risk report;
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3326  (ii) a description of the key threat models the large frontier developer tracks to identify
3327   potential catastrophic risks, how observed capabilities of those frontier models relate to each
3328   threat model and key mitigations that the large frontier developer has put in place to mitigate any
3329   such identified risks; and
3330  (iii) an assessment of the residual level of each type of catastrophic risk posed by the
3331   frontier models after accounting for the mitigations implemented pursuant to clause (ii);
3332   provided, however, that the assessment shall provide sufficient information to demonstrate the
3333   evidence and reasoning behind the risk assessment and such information shall be sufficient to
3334   allow a reasonable person to reach a similar conclusion to that which the large frontier developer
3335   would reach in analyzing the level of risk posed by its frontier model.
3336  (3) A large frontier developer shall renew and update the risk report required by
3337   paragraph (1) not less than every 180 days and include in each update a comparison of the
3338   assessed level of each type of catastrophic risk to the level assessed in the previously published
3339   risk report.
3340  (d) A large frontier developer shall transmit to the attorney general a summary of any
3341   assessment of catastrophic risk resulting from internal use of its frontier models every 3 months
3342   or pursuant to another reasonable schedule as agreed to by the attorney general and large frontier
3343   developer.
3344  (e)(1) A frontier developer shall not make a materially false or misleading statement
3345   about catastrophic risk from its frontier models or its management of catastrophic risk.
3346  (2) A large frontier developer shall not make a materially false or misleading statement
3347   about its implementation of, or compliance with, its frontier AI framework.
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3348  (3) This subsection shall not apply to a statement that was made in good faith and was
3349   reasonable under the circumstances.
3350  (f)(1) Upon publishing documents to comply with this section, the frontier developer may
3351   make redactions to those documents that are necessary to protect the frontier developer’s trade
3352   secrets, the frontier developer’s cybersecurity, public safety, or the national security of the
3353   United States or to comply with any federal or state law.
3354  (2) If a frontier developer redacts information in a document pursuant to this subsection,
3355   the frontier developer shall describe the character and justification of the redaction in any
3356   published version of the document to the extent permitted by the concerns that justify redaction
3357   and shall retain the unredacted information for 5 years.
3358  Section 3. (a) The attorney general shall establish a mechanism to be used by a frontier
3359   developer or a member of the public to report a critical safety incident that includes: (i) the date
3360   of the critical safety incident; (ii) the reasons the incident qualifies as a critical safety incident;
3361   (iii) a short and plain statement describing the critical safety incident; and (iv) whether the
3362   incident was associated with internal use of a frontier model.
3363  (b)(1) The attorney general shall establish a mechanism to be used by a large frontier
3364   developer to confidentially submit summaries of any assessments of the potential for catastrophic
3365   risk resulting from internal use of its frontier models.
3366  (2) The attorney general shall take all reasonable precautions to limit access to any
3367   reports related to internal use of frontier models to personnel authorized to access the
3368   information, in the attorney general’s discretion, and to protect the reports from unauthorized
3369   access.
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3370  (c)(1) A frontier developer shall report any critical safety incident pertaining to 1 or more
3371   of its frontier models to the attorney general within 15 days of discovering the critical safety
3372   incident; provided, however, that if a frontier developer discovers that a critical safety incident
3373   poses an imminent risk of death or serious physical injury, the frontier developer shall disclose
3374   that incident within 24 hours to an authority, including any law enforcement agency or public
3375   safety agency with jurisdiction, that is appropriate based on the nature of that incident and as
3376   required by law.
3377  (2) A frontier developer that discovers information about a critical safety incident after
3378   filing the initial report required by this subdivision may file an amended report at any time.
3379  (3) A frontier developer may report critical safety incidents pertaining to foundation
3380   models that are not frontier models.
3381  (d) The attorney general shall review critical safety incident reports submitted by frontier
3382   developers and may review reports submitted by members of the public.
3383  (e)(1) The attorney general may transmit reports of critical safety incidents, summaries of
3384   any assessments of catastrophic risk from internal use of frontier models and reports from
3385   covered employees to the general court, the governor or appropriate federal or state agencies.
3386  (2) The attorney general may consider any risks related to trade secrets, public safety,
3387   cybersecurity of a frontier developer, or national security when transmitting reports.
3388  (f) A report of a critical safety incident submitted to the attorney general pursuant to this
3389   section, a report of assessments of catastrophic risk from internal use and a covered employee
3390   report shall be exempt from clause Twenty-sixth of section 7 of chapter 4 and chapter 66.
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3391  (g)(1) Annually, the attorney general shall produce a report with anonymized and
3392   aggregated information about critical safety incidents that have been reviewed by the attorney
3393   general since the preceding report.
3394  (2) The attorney general shall not include information in a report pursuant to this
3395   subsection that would compromise the trade secrets or cybersecurity of a frontier developer,
3396   public safety or the national security of the United States or that would be prohibited from
3397   disclosure by any federal or state law.
3398  (3) The attorney general shall submit the report to the clerks of the senate and house of
3399   representatives and to the governor.
3400  (h) For the purposes of subsection (i), the attorney general shall promulgate regulations
3401   designating federal laws, regulations or guidance documents that:
3402  (i) impose or state standards or requirements for critical safety incident reporting that are
3403   substantially equivalent to, or stricter than, those required by this section; provided, however,
3404   that such law, regulation or guidance shall not need to require critical safety incident reporting to
3405   the commonwealth; and (ii) is intended to assess, detect or mitigate the catastrophic risk.
3406  (i) (1) A frontier developer that intends to comply with this section by complying with
3407   the requirements of, or meeting the standards stated by, a federal law, regulation, or guidance
3408   document designated pursuant to subsection (h) shall declare its intent to do so to the attorney
3409   general.
3410  (2) After a frontier developer has declared its intent pursuant to paragraph (1), the frontier
3411   developer shall be deemed in compliance with this section to the extent that the frontier
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3412   developer meets the standards of, or complies with the requirements imposed or stated by, the
3413   federal law, regulation, or guidance document designated pursuant to subsection (h) until the
3414   frontier developer declares the revocation of that intent to the attorney general or the attorney
3415   general revokes an applicable regulation pursuant to subdivision (j); provided, however, that
3416   failure by a frontier developer to meet the standards of, or comply with the requirements stated
3417   by, the federal law, regulation or guidance document designated pursuant to subsection (h) shall
3418   constitute a violation of this chapter.
3419  (j) The attorney general shall revoke a regulation adopted under subdivision (h) if the
3420   requirements of said subdivision (h) are no longer met by the designated federal law, regulation
3421   or guidance document.
3422  Section 3A. (a) A large frontier developer shall annually retain a third party to perform an
3423   independent audit of compliance with the requirements of section 2 except for subsection (c 1/2)
3424   of said section 2. The third party shall conduct audits consistent with generally accepted auditing
3425   standards and best practices and shall possess demonstrated competence to perform the audit,
3426   including experience employing or contracting with individuals who possess technical expertise
3427   in the safety of frontier models.
3428  (1) The third party shall be granted access to all materials reasonably necessary to comply
3429   with the third party’s obligations under this section, including, but not limited to, all unredacted
3430   versions of materials published pursuant to this chapter. To protect the large frontier developer’s
3431   trade secrets and confidential business information, cybersecurity, national security of the United
3432   States or public safety, a large frontier developer may impose reasonable security protocols on
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3433   the third party, including, but not limited to, restrictions on note taking, copying, retaining, or
3434   removing materials, requirements for on-premises review and confidentiality requirements.
3435  (2) The third party shall produce a report that includes, but is not limited to:
3436  (i) a description of whether the large frontier developer has substantially complied with
3437   the requirements of section 2, except for subsection (c 1/2) of said section 2;
3438  (ii) when applicable, a description of material deviations from the requirements of section
3439   2, except for subsection (c 1/2) of said section 2, an explanation of any deviation and its rationale
3440   and any recommendations for how the developer can improve its policies and processes for
3441   ensuring compliance;
3442  (iii) a detailed assessment of the large frontier developer’s internal controls, including its
3443   designation and empowerment of senior personnel responsible for such implementation by the
3444   large frontier developer, its employees and its contractors;
3445  (iv) a list of the third party’s personnel involved in the audit;
3446  (v) the third party’s procedures for managing conflicts of interest and any conflicts of
3447   interest of any personnel involved in the audit;
3448  (vi) the methodology of the audit and the nature of the information reviewed by the third
3449   party to conduct the audit; and
3450  (vii) the signature of the lead auditor certifying the results of the audit.
3451  (3) The large frontier developer shall retain an unredacted copy of the report for the
3452   duration of the frontier model’s deployment plus 5 years.
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3453  (4) Not later than 30 days after receiving the audit report, the large frontier developer
3454   shall conspicuously publish on its website a high-level summary of the audit findings and a copy
3455   of the third party’s report with redactions as provided in subsection (f) of section 2 and transmit a
3456   copy of the redacted report to the attorney general.
3457  (b)(1) A large frontier developer shall engage at least 1 third party to conduct an
3458   independent evaluation of the developer’s frontier models with respect to each category of
3459   catastrophic risk. A large frontier developer shall engage a third party to conduct its evaluation
3460   not more than 30 days after publishing each risk report under subsection (c 1/2) of section 2 and
3461   in any event shall conduct an independent evaluation not less than once every 120 days.
3462  (2) An independent evaluation conducted pursuant to paragraph (1) shall include, but not
3463   be limited to:-
3464  (i) an independent assessment of each type of catastrophic risk posed by the large frontier
3465   developer’s frontier models, taking into account model capabilities, applicable threat models and
3466   the large frontier developer's safeguards;
3467  (ii) an assessment of the ability of the large frontier developer’s frontier models to
3468   automate artificial intelligence research and development and any increased potential for
3469   catastrophic risks or challenges to risk monitoring, assessment or mitigation resulting from such
3470   ability;
3471  (iii) a review of the large frontier developer’s most recent risk report published pursuant
3472   to subsection (c 1/2) of section 2 including an assessment of: (A) the adequacy and completeness
3473   of the information disclosed in the risk report; (B) the analytical rigor of the frontier developer’s
3474   risk methodology; (C) the appropriateness and materiality of any redactions made to the publicly
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3475   available version of the risk report; and (D) whether the third party disagrees with any of the
3476   report’s claims, including the overall assessment of the level of risk for each catastrophic risk;
3477  (iv) a list of the third party’s personnel involved in the evaluation;
3478  (v) the third party’s procedures for managing conflicts of interest and any conflicts of
3479   interest of any personnel involved in the evaluation;
3480  (vi) the methodology of the evaluation and the nature of the information reviewed by the
3481   third party to conduct the evaluation; and
3482  (vii) the signature of the lead evaluator certifying the results of the evaluation.
3483  (3)(A) The third party shall be granted access to all materials reasonably necessary to
3484   comply with the evaluator’s obligations under this section, including, but not limited to, all
3485   unredacted versions of materials published pursuant to this chapter and the large frontier
3486   developer’s most capable frontier models.
3487  (B) The third party shall have the opportunity to ask relevant questions about the frontier
3488   developer’s frontier models, likelihood of catastrophic risks and related safeguards and the large
3489   frontier developer shall provide reasonable responses.
3490  (C) To protect the frontier developer’s trade secrets and confidential business
3491   information, cybersecurity, national security of the United States or public safety, a frontier
3492   developer may impose reasonable security protocols on the third party including, but not limited
3493   to, restrictions on note taking, copying, retaining or removing materials, requirements for on-
3494   premise review and confidentiality requirements.
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3495  (4) The third party shall publish a public version of its report not later than 30 days after
3496   delivering the report to the large frontier developer and the large frontier developer shall
3497   conspicuously publish a link to the report on its internet website. The public version may be
3498   redacted only as provided in subsection (f) of section 2.
3499  (5) A large frontier developer may comply with this subsection by engaging multiple
3500   third parties focused on different categories of catastrophic risk or different aspects of the
3501   requirements of this subsection; provided, however, that: (i) collectively, the third parties
3502   perform all of the duties required by this subsection; (ii) each third party satisfies the
3503   independence and qualification requirements of this section; and (iii) each third party includes in
3504   its report a clear and specific statement of the scope of the assessment and the duties performed.
3505  (c)(1)(A) A third party engaged under this section shall have no financial, operational or
3506   management dependence on the large frontier developer or any of the large frontier developer's
3507   affiliates and shall be otherwise free from the large frontier developer's control in reaching
3508   conclusions or making recommendations, including through contractual safeguards and conflict
3509   of interest policies.
3510  (B) If no other source of funding has been established pursuant to clause (iii) of
3511   paragraph (1) of subsection (d), a large frontier developer may compensate the third party at
3512   reasonable market rates and shall not condition any payment or the amount of any payment on
3513   the results of the third party’s audit or evaluation.
3514  (2) Prior to accepting any engagement under this section, the third party shall certify in
3515   writing to the large frontier developer and the attorney general that the third party satisfies the
3516   independence requirements of this subsection. The certification shall include the third party’s
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3517   sources of funding and remuneration for the engagement, any other current or recent
3518   engagements with the large frontier developer or its affiliates and any other facts that could
3519   reasonably be expected to bear on the third party’s independence.
3520  (d)(1) The attorney general, in consultation with academic institutions, nonprofit
3521   organizations and industry stakeholders, shall implement an independent evaluation ecosystem
3522   plan by: (i) developing and publishing standards for the qualification of qualified independent
3523   third party evaluators; (ii) exploring a licensing system to qualify third party evaluators; (iii)
3524   subject to government appropriation, providing government funding or arranging pooled funding
3525   to supplement other sources of evaluator funding; (iv) exploring the feasibility and benefits of
3526   licensing qualified independent evaluators to assess the adherence of artificial intelligence
3527   models to standards reflecting best practices for the prevention of personal injury, property
3528   damage and other harms that do not meet the definition of catastrophic risk, and reporting its
3529   findings and any recommendations regarding such licensing to the joint committee on advanced
3530   information technology, the internet and cybersecurity and the joint committee on economic
3531   development; and (v) providing resources and funding for nascent organizations seeking to
3532   become third party evaluators.
3533  (2) The attorney general may develop and publish a rating system for qualified third
3534   parties based on predefined criteria, including the rigor and quality of the evaluator's published
3535   reasoning and analysis, the thoroughness of the evaluator's methodology, the evaluator's track
3536   record of identifying material risks or deficiencies and stakeholder feedback, including from
3537   frontier developers, academic reviewers and the public.
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3538  Section 4. (a) Annually, the attorney general shall assess recent evidence and
3539   developments relevant to the purposes of this chapter and shall make recommendations about
3540   whether and how to update any of the following definitions for the purposes of this chapter to
3541   ensure that they accurately reflect technological developments, scientific literature, and widely
3542   accepted national and international standards:
3543  (i) “Frontier model” so that it applies to foundation models at the frontier of artificial
3544   intelligence development.
3545  (ii) “Frontier developer” so that it applies to developers of frontier models who are
3546   themselves at the frontier of artificial intelligence development; and
3547  (iii) “Large frontier developer” so that it applies to well-resourced frontier developers.
3548  (b) In making recommendations pursuant to this section, the attorney general shall take
3549   into account:
3550  (i) similar thresholds used in international standards or federal law, guidance or
3551   regulations for the management of catastrophic risk;
3552  (ii) input from stakeholders, including academics, industry, the open-source community
3553   and governmental entities;
3554  (iii) the extent to which a person will be able to determine, before beginning to train or
3555   deploy a foundation model, whether that person will be subject to the definition as a frontier
3556   developer or as a large frontier developer with an aim toward allowing earlier determinations if
3557   feasible;
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3558  (iv) the complexity of determining whether a person or foundation model is covered, with
3559   an aim toward allowing simpler determinations if feasible; and
3560  (v) the external verifiability of determining whether a person or foundation model is
3561   covered, with an aim toward definitions that are verifiable by parties other than the frontier
3562   developer; provided, however that the attorney general shall recommend alignment with a
3563   definition adopted in a federal law or regulation to the extent that it is consistent with the
3564   purposes of this chapter.
3565  (c) The attorney general shall submit a report with the recommendations and information
3566   compiled pursuant to subsection (a) to the clerks of the senate and house of representatives.
3567  (d) Annually, the attorney general shall produce a report with anonymized and
3568   aggregated information about reports from covered employees that have been reviewed by the
3569   attorney general since the preceding report. The attorney general shall not include information in
3570   a report pursuant to this subdivision that would compromise the trade secrets or cybersecurity of
3571   a frontier developer, confidentiality of a covered employee, public safety, or the national security
3572   of the United States or that would be prohibited by any federal or state law. The attorney general
3573   shall submit the report to the clerks of the senate and house of representatives and to the
3574   governor.
3575  Section 5. (a) A large frontier developer that fails to publish or transmit a compliant
3576   document required to be published or transmitted under this chapter, makes a statement in
3577   violation of this chapter, fails to report an incident as required by this chapter, or fails to comply
3578   with its own frontier AI framework shall be subject to a civil penalty of not more than
3579   $1,000,000 for a first violation and not more than $3,000,000 for subsequent violations.
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3580  (b) A civil penalty described in this section may only be recovered in a civil action
3581   brought by the attorney general.
3582  Section 6. The loss of value of equity shall not constitute damage to or loss of property
3583   for the purposes of this chapter.
3584  Section 7. (a) A frontier developer shall not make, adopt, enforce, or enter into a rule,
3585   regulation, policy or contract that prevents a covered employee from disclosing or retaliates
3586   against a covered employee for disclosing, information to the attorney general, a federal
3587   authority, a person with authority over the covered employee or another covered employee who
3588   has authority to investigate, discover or correct the reported issue, if the covered employee
3589   reasonably believes that the information discloses either: (i) the frontier developer’s activities
3590   pose a specific and substantial danger to the public health or safety resulting from a catastrophic
3591   risk; or (ii) the frontier developer has violated this chapter.
3592  (b) A frontier developer shall not: (i) enter into a contract that prevents a covered
3593   employee from making a disclosure protected under this chapter; or (ii) discriminate against any
3594   person that has made a disclosure under this chapter.
3595  (c) A frontier developer shall provide a clear notice to all covered employees of their
3596   rights and responsibilities under this section, which may include but shall not be limited to: (i)
3597   permanently posting and displaying within any workplace maintained by the frontier developer a
3598   notice to all covered employees of their rights under this section, ensuring that any new covered
3599   employee, not later than 90 days after becoming a covered employee, receives equivalent notice
3600   and ensuring that any covered employee who works remotely periodically receives an equivalent
3601   notice; or (ii) at least once each year, providing written notice to each covered employee of the
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3602   covered employee’s rights under this section and ensuring that the notice is received and
3603   acknowledged by all of those covered employees.
3604  (d)(1) A large frontier developer shall provide a reasonable internal process through
3605   which a covered employee may, anonymously or named, disclose information to the large
3606   frontier developer of the covered employee reasonably believes that the information indicates
3607   that the large frontier developer’s activities present a specific and substantial danger to the public
3608   health or safety resulting from a catastrophic risk or that the large frontier developer violated this
3609   chapter, which shall include a monthly update to a person who makes a disclosure under this
3610   chapter on the status of the large frontier developer’s investigation of such disclosure and the
3611   actions taken by the large frontier developer in response to such disclosure.
3612  (2) Except as provided in subsection (b), the disclosures and responses of the process
3613   required by this subsection shall be shared with officers and directors of the large frontier
3614   developer at least once each quarter; provided, however, that if a covered employee has alleged
3615   wrongdoing by an officer or director of the large frontier developer in a disclosure or response,
3616   this paragraph shall not apply with respect to that officer or director.
3617  (e) The court may award reasonable attorney’s fees and court costs to a plaintiff who
3618   brings a successful action for a violation of this section.
3619  (f) In a civil action brought pursuant to this section, once it has been demonstrated by a
3620   preponderance of the evidence that an activity proscribed by this section was a contributing
3621   factor in the alleged prohibited or adverse action against the covered employee, the frontier
3622   developer shall have the burden of proof to demonstrate by clear and convincing evidence that
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3623   the alleged prohibited or adverse action would have occurred for legitimate, independent reasons
3624   even if the covered employee had not engaged in activities protected by this section.
3625  (g)(1) In a civil action brought pursuant to this section, a covered employee may petition
3626   the superior court in any county wherein the violation in question is alleged to have occurred, or
3627   wherein the person resides or transacts business, for appropriate temporary or preliminary
3628   injunctive relief.
3629  (2) Upon the filing of the petition for injunctive relief, the petitioner shall cause notice
3630   thereof to be served upon the frontier developer, and thereupon the court shall have jurisdiction
3631   to grant temporary injunctive relief as the court deems just and proper.
3632  (3) In addition to any harm resulting directly from a violation of this section, the court
3633   shall consider the chilling effect on other covered employees asserting their rights under this
3634   section in determining whether temporary injunctive relief is just and proper.
3635  (4) Appropriate injunctive relief shall be issued on a showing that reasonable cause exists
3636   to believe a violation has occurred.
3637  (5) An order authorizing temporary injunctive relief shall remain in effect until an
3638   administrative or judicial determination or citation has been issued, or until the completion of a
3639   review pursuant to paragraph (1) of subsection (d), whichever is longer, or at a certain time set
3640   by the court. Thereafter, a preliminary or permanent injunction may be issued if it is shown to be
3641   just and proper. Any temporary injunctive relief shall not prohibit a frontier developer from
3642   disciplining or terminating a covered employee for conduct that is unrelated to the claim of the
3643   retaliation.
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3644  (h) Notwithstanding Massachusetts Rules of Civil Procedure, injunctive relief granted
3645   pursuant to this section shall not be stayed pending appeal.
3646  (j)(1) This section shall not impair or limit the applicability of any other applicable law.
3647  (2) The remedies provided by this section shall be cumulative to each other and the
3648   remedies or penalties available under all other general laws.
3649  Section 8. The attorney general may promulgate, amend or rescind regulations for the
3650   implementation, administration and enforcement of this chapter.
3651  CHAPTER 93N
3652  USE OF CHATBOTS BY COMMERCIAL ENTITIES
3653  Section 1. As used in this chapter, the following words shall have the following meanings
3654   unless the context clearly requires otherwise:-
3655  “Chatbot”, an automated program designed to simulate conversation with human users
3656   whether through the use of generative artificial intelligence or other similar technology;
3657   provided, however, that the program may use audio, visual or textual methods, or a combination
3658   thereof, to communicate with human users.
3659  Section 2. Any commercial entity deploying a chatbot shall clearly and conspicuously
3660   disclose to the person with whom the chatbot interacts that the person is interacting with a
3661   chatbot and not a human.
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3662  Section 3. In addition to any other remedies that may be available, a violation of this
3663   chapter shall be deemed to be an unfair method of competition and an unfair or deceptive act or
3664   practice in the conduct of trade or commerce in violation of section 2 of chapter 93A.
3665  SECTION 165. Section 32H of chapter 94C of the General Laws, as appearing in the
3666   2024 Official Edition, is hereby amended by striking out, in lines 34 and 35, the words “18 years
3667   of age or older” and inserting in place thereof the following words:- who has attained the age of
3668   criminal majority.
3669  SECTION 166. Said section 32H of said chapter 94C, as so appearing, is hereby further
3670   amended by striking out, in line 36, the figure “18” and inserting in place thereof the following
3671   words:- the age of criminal majority.
3672  SECTION 167. Section 32M of said chapter 94C is hereby amended by striking out, in
3673   line 1, as so appearing, the word “eighteen” and inserting in place thereof the following words:-
3674   criminal majority.
3675  SECTION 168. Said section 32M of said chapter 94C is hereby amended by striking out,
3676   in line 6, as so appearing, the figure “18” and inserting in place thereof the following words:-
3677   criminal majority.
3678  SECTION 169. Section 36 of said chapter 94C, as so appearing, is hereby amended by
3679   striking out, in line 6 and 7, the words “his eighteenth birthday” and inserting in place thereof the
3680   following words:- the age of criminal majority.
3681  SECTION 170. Subsection (a) of section 25C1/2 of chapter 111 of the General Laws, as
3682   so appearing, is hereby amended by adding the following paragraph:-
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3683  (5) An acute care hospital that plans to establish or add: (i) acute psychiatric service beds
3684   including, but not limited to, inpatient, community based acute treatment, intensive community
3685   based acute treatment, partial hospitalization program and crisis stabilization services; or (ii)
3686   acute inpatient substance use disorder treatment service beds.
3687  SECTION 171. The General Laws are hereby amended by inserting after chapter 110H
3688   the following chapter:-
3689  CHAPTER 110I.
3690  FINANCIAL EXPLOITATION OF VULNERABLE ADULTS UNDER BROKER-
3691   DEALER RELATIONSHIP
3692  Section 1. As used in this section, the following words shall have the following meanings
3693   unless the context clearly requires otherwise:
3694  “Agent”, as defined in section 401 of said chapter 110A.
3695  “Broker-Dealer”, as defined in said section 401 of said chapter 110A.
3696  “Eligible adult”, a person 60 years of age or older or a person with a disability, as defined
3697   in section 1 of chapter 19C.
3698  “Financial exploitation”, (i) the wrongful or unauthorized taking, withholding,
3699   appropriation or use of money, assets or property of an eligible adult; or (ii) any act or omission
3700   taken by a person, including through the use of a power of attorney, guardianship or
3701   conservatorship of an eligible adult, to: (A) obtain control, through deception, intimidation
3702   unethical or dishonest conduct or undue influence, over the eligible adult’s money, assets or
3703   property to deprive the eligible adult of the ownership, use, benefit or possession of their money,
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3704   assets or property; or (B) convert money, assets or property of the eligible adult to deprive such
3705   eligible adult of the ownership, use, benefit or possession of their money, assets or property.
3706  “Financial institution”, a: (i) bank, trust company, co-operative bank or savings bank, if
3707   organized or exists under the laws of the commonwealth or any other state or may transact
3708   business in the commonwealth, national bank, federal savings bank or federal savings and loan
3709   association; or (ii) credit union that is organized or exists under the laws of the commonwealth or
3710   any other state or federal credit union that may transact business in the commonwealth, as
3711   defined in section 1 of chapter 171.
3712  “Investment adviser”, as defined pursuant to said section 401 of said chapter 110A.
3713  “Investment adviser representative”, as defined pursuant to said section 401 of said
3714   chapter 110A.
3715  “Qualified investment individual”, (i) any agent, broker-dealer, investment adviser,
3716   investment-adviser representative, broker-dealer or person who serves in a compliance, investor
3717   protection or legal capacity for a broker-dealer or investment adviser; and (ii) employees eligible
3718   for immunity in accordance with 12 U.S.C. § 3423.
3719  “Relevant agency”, (i) the state secretary; (ii) the commission for the protection of
3720   persons with disabilities established in section 2 of chapter 19C, if the eligible adult is under the
3721   age of 60; (iii) the executive office of aging and independence, if the eligible adult is 60 years or
3722   older; or (iv) any third-party contractor designated by the state secretary, the commission for the
3723   protection of persons with disabilities or the office of aging and independence.
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3724  Section 2. If a qualified investment individual reasonably believes that the financial
3725   exploitation of an eligible adult may have occurred, may have been attempted or is being
3726   attempted, the qualified investment individual shall promptly notify the relevant agency.
3727  Section 3. A qualified investment individual who, in good faith, and exercising
3728   reasonable care, did not materially aid the alleged financial exploitation and makes a disclosure
3729   of information pursuant to section 2 shall be immune from administrative or civil liability that
3730   might otherwise arise from such disclosure or for any failure to notify the customer of the
3731   disclosure.
3732  Section 4. A qualified investment individual who, in good faith and exercising reasonable
3733   care, believes that financial exploitation of an eligible adult may have occurred, may have been
3734   attempted or is being attempted, may disclose to any third party previously designated by the
3735   eligible adult or reasonably associated with the adult; provided, however, that a qualified
3736   investment individual shall not notify any designated third party that is suspected of the financial
3737   exploitation or other abuse of the eligible adult; provided, however, that a qualified individual or
3738   financial institution shall not notify any designated third party that is suspected of the financial
3739   exploitation or other abuse of the eligible adult.
3740  Section 5. A qualified investment individual who, in good faith, exercising reasonable
3741   care, complies with section 4 and does not materially aid the alleged financial exploitation shall
3742   be immune from any administrative or civil liability that might otherwise arise from such
3743   disclosure.
3744  Section 6. A financial institution may delay or stop a disbursement or transaction from an
3745   account of an eligible adult or an account on which an eligible adult is a beneficiary if a qualified
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3746   investment individual: (i) has reasonable cause to believe that, after initiating an internal review
3747   of the requested disbursement or transaction and the suspected financial exploitation, that the
3748   requested disbursement or transaction may result in the financial exploitation of the eligible
3749   adult; (ii) provides written notification and reasoning of the delay to all parties authorized to
3750   transact business on the account not more than 5 business days after the delayed disbursement or
3751   transaction; provided however, that such notice is not required to such party that is reasonably
3752   believed to have engaged in suspected or attempted financial exploitation of the eligible adult;
3753   (iii) provides notification of such delay to the relevant agencies not more than 5 business days
3754   after the delayed disbursement or transaction; and (iv) continues their internal review of the
3755   suspected or attempted financial exploitation of the eligible adult, as necessary, and provides
3756   status updates, a statement of finding and final disposition of an investigation upon request to the
3757   agencies and to qualified individuals.
3758  Section 7. The authorization of any delay or stoppage of a disbursement or transaction
3759   pursuant to section 6 shall expire upon: (i) the determination by the financial institution or
3760   qualified investment individual that the disbursement or transaction will not result in the
3761   financial exploitation of the eligible adult; or (ii) 21 days from the date the financial institution or
3762   qualified investment individual delayed disbursement of the funds or a transaction, unless a
3763   relevant agency requests that the financial institution extend the delay, in which case the delay
3764   shall expire no more than 30 business days after the date on which the financial institution first
3765   delayed disbursement of the funds or a transaction, whichever occurs first.
3766  A court of competent jurisdiction may enter an order extending the delay of a
3767   disbursement of funds or transaction pursuant to this section, or may order other protective relief,
3768   upon the petition of the secretary of the commonwealth or relevant agency.
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3769  Section 8. A court of competent jurisdiction may order a financial institution, or qualified
3770   investment individual to provide access to or copies of records that are relevant to the suspected
3771   or attempted financial exploitation of an eligible adult to a relevant agency or law enforcement
3772   pursuant to an investigation. Such records may include historical records and records pertaining
3773   to the most recent disbursement or transactions related to the suspected or attempted financial
3774   exploitation of an eligible adult; provided, however, that such records made available to agencies
3775   pursuant to this section shall not be considered public records as defined in chapter 66 and clause
3776   Twenty-sixth of section 7 of chapter 4.
3777  Section 9. A financial institution or qualified investment individual who, in good faith,
3778   exercising reasonable care, complies with this chapter and did not materially aid the alleged
3779   financial exploitation, shall be immune from any administrative or civil liability that might
3780   otherwise arise from such action.
3781  Section 10. Nothing in section 9 shall limit or shield, in any manner, a qualified
3782   individual from any administrative or civil liability, for materially aiding the financial
3783   exploitation of an eligible adult.
3784  Section 11. Nothing in this chapter shall limit or otherwise impede the authority of the
3785   secretary of the commonwealth from accessing or examining the books and records of a financial
3786   institution as otherwise provided by law or conducting any lawful investigation into potential
3787   violations of chapter 110A.
3788  SECTION 172. Chapter 111 of the General Laws is hereby amended by adding the
3789   following 2 sections:-
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3790  Section 250. The commissioner of public health shall promulgate regulations for the
3791   annual health inspection of food trucks. The commissioner shall prescribe rules and regulations
3792   relative to inspection schedules, documentation of inspections, standards for acceptable
3793   cleanliness and the costs of such inspections.
3794  Section 251. (a) As used in this section, the following words shall have the following
3795   meanings unless the context clearly requires otherwise:-
3796  “AED”, as defined in section 12V1/2 of chapter 112.
3797  “Facility”, a public stadium, sports center or gymnasium used for an athletic or sporting
3798   event.
3799  (b) Subject to appropriation, a facility shall have at least 1 AED on the premises during
3800   any athletic or sporting events taking place at the facility. The operator of such facility shall
3801   make a good faith effort to identify readily available volunteers to serve as AED providers who
3802   are present at such facility during such athletic or sporting events.
3803  (c) The department of public health shall develop and implement a public information
3804   campaign to promote awareness of public access to AEDs and the importance of early access to
3805   defibrillation including, but not limited to: (i) educating the general public on AEDs; (ii)
3806   establishing online resources with AED training opportunities; and (iii) performing targeting
3807   outreach to populations who may lack access to information concerning AEDs.
3808  (d) A placard shall be installed at every facility entryway with a map of the location of
3809   any AED at such facility.
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3810  (e) The department of public health shall promulgate regulations to implement this
3811   section.
3812  SECTION 173. Section 75 of chapter 112 of the General Laws, as appearing in the 2024
3813   Official Edition, is hereby amended by adding the following paragraph:-
3814  Notwithstanding any general or special law to the contrary, the board, upon the
3815   recommendation of the executive director or their designee, shall waive any requirement to
3816   complete an exam exclusively verifying proficiency in English if the applicant: (i) previously
3817   passed an English proficiency examination at any time; (ii) has obtained one or more nursing
3818   degrees in the United States, if the applicant was originally trained outside of the United States;
3819   or (iii) demonstrates English proficiency through another method deemed acceptable by the
3820   board. Nothing in this paragraph shall be construed to impede the board's authority to establish
3821   or conduct examinations which test the applicant's fitness to practice or to promulgate rules,
3822   regulations or guidelines pursuant to section 79. The board may not waive requirements for an
3823   exam verifying proficiency in English for applicants seeking licensure via the nurse licensure
3824   compact under chapter 112A.
3825  SECTION 174. Section 222 of said chapter 112, as so appearing, is hereby amended
3826   by adding the following subsection:-
3827  (e) Notwithstanding clauses (iii) and (iv) of subsection (d), an applicant shall be eligible
3828   for licensure as a home inspector without meeting the requirements of said clause (iii) or said
3829   clause (iv) of said subsection (d) if the applicant: (i) is a professional engineer licensed pursuant
3830   to sections 81D to 81T, inclusive; and (ii) has performed not less than 50 home inspections under
3831   the supervision of a licensed home inspector.
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3832  SECTION 175. The General Laws are hereby amended by inserting after chapter 112A
3833   the following 3 chapters:-
3834  CHAPTER 112B.
3835  PSYCHOLOGY INTERJURISDICTIONAL COMPACT ACT
3836  Section 1. This act shall be known and may be cited as the Psychology Interjurisdictional
3837   Compact Act.
3838  Section 2. The governor of the commonwealth of Massachusetts, on behalf of this state,
3839   is hereby authorized to execute a compact in substantially the following form with any 1 or more
3840   of the states of the United States and the General Court hereby signifies in advance its approval
3841   and ratification of the compact.
3842  Section 3. (a) Whereas, states license psychologists, in order to protect the public through
3843   verification of education, training and experience and ensure accountability for professional
3844   practice; and
3845  Whereas, this compact is intended to regulate the day-to-day practice of telepsychology
3846   by psychologists across state boundaries in the performance of their psychological practice as
3847   assigned by an appropriate authority; and
3848  Whereas, this compact is intended to regulate the temporary in-person, face-to-face
3849   practice of psychology by psychologists across state boundaries for 30 days within a calendar
3850   year in the performance of their psychological practice as assigned by an appropriate authority;
3851   and
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3852  Whereas, this compact is intended to authorize state psychology regulatory authorities to
3853   afford legal recognition, in a manner consistent with the terms of the compact, to psychologists
3854   licensed in another state; and
3855  Whereas, this compact recognizes that states have a vested interest in protecting the
3856   public's health and safety through their licensing and regulation of psychologists and that such
3857   state regulation will best protect public health and safety; and
3858  Whereas, this compact does not apply when a psychologist is licensed in both the home
3859   state and receiving states; and
3860  Whereas, this compact does not apply to permanent in-person, face-to-face practice, it
3861   does allow for authorization of temporary psychological practice.
3862  (b) Consistent with these principles, this compact is designed to achieve the following
3863   purposes and objectives: (i) increase public access to professional psychological services by
3864   allowing for telepsychological practice across state lines as well as temporary in-person, face-to-
3865   face services into a state which the psychologist is not licensed to practice psychology; (ii)
3866   enhance the states' ability to protect the public's health and safety, especially client, patient
3867   safety; (iii) encourage the cooperation of compact states in the areas of psychology licensure and
3868   regulation; (iv) facilitate the exchange of information between compact states regarding
3869   psychologist licensure, adverse actions and disciplinary history; (v) promote compliance with the
3870   laws governing psychological practice in each compact state; and (vi) invest all compact states
3871   with the authority to hold licensed psychologists accountable through the mutual recognition of
3872   compact state licenses.
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3873  Section 4. As used in this chapter, the following words shall have the following meanings
3874   unless the context clearly requires otherwise:-
3875  “Adverse action”, any action taken by a state psychology regulatory authority which
3876   finds a violation of a statute or regulation that is identified by the state psychology regulatory
3877   authority as discipline and is a matter of public record.
3878  “Association of state and provincial psychology boards”, the recognized membership
3879   organization composed of state and provincial psychology regulatory authorities responsible for
3880   the licensure and registration of psychologists throughout the United States and Canada.
3881  “Authority to practice interjurisdictional telepsychology”, a licensed psychologist’s
3882   authority to practice telepsychology, within the limits authorized under this compact, in another
3883   compact state.
3884  “Bylaws”, bylaws established by the psychology interjurisdictional compact commission
3885   pursuant to section 12 for its governance or for directing and controlling its actions and conduct.
3886  “Client or patient”, the recipient of psychological services, whether psychological
3887   services are delivered in the context of healthcare, corporate, supervision or consulting services.
3888  “Commissioner”, the voting representative appointed by each state psychology regulatory
3889   authority pursuant to section 12.
3890  “Compact state”, a state that has enacted this compact legislation and which has not
3891   withdrawn pursuant to subsection (c) of section 15 or been terminated pursuant to subsection (b)
3892   of section 14.
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3893  “Coordinated licensure information system” or “coordinated database”, an integrated
3894   process for collecting, storing and sharing information on psychologists' licensure and
3895   enforcement activities related to psychology licensure laws, which is administered by the
3896   recognized membership organization composed of state and provincial psychology regulatory
3897   authorities.
3898  “Confidentiality”, the principle that data or information is not made available or disclosed
3899   to unauthorized persons or processes.
3900  “Day”, any part of a day in which psychological work is performed.
3901  “Distant state”, the compact state where a psychologist is physically present (not through
3902   the use of telecommunications technologies), to provide temporary in-person, face-to-face
3903   psychological services.
3904  “E.Passport”, a certificate issued by the Association of State and Provincial Psychology
3905   Boards that promotes the standardization in the criteria of interjurisdictional telepsychology
3906   practice and facilitates the process for licensed psychologists to provide telepsychological
3907   services across state lines.
3908  “Executive board”, a group of directors elected or appointed to act on behalf of, and
3909   within the powers granted to them by, the commission.
3910  “Home state”, a compact state where a psychologist is licensed to practice psychology. If
3911   the psychologist is licensed in more than 1 compact state and is practicing under the
3912   Authorization to Practice Interjurisdictional Telepsychology, the home state is the compact state
3913   where the psychologist is physically present when the telepsychological services are delivered. If
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3914   the psychologist is licensed in more than 1 compact state and is practicing under the temporary
3915   authorization to practice, the home state is any compact state where the psychologist is licensed.
3916  “Identity history summary”, a summary of information retained by the Federal Bureau of
3917   Investigation, or other designee with similar authority, in connection with arrests and, in some
3918   instances, federal employment, naturalization or military service.
3919  “In-person, face-to-face”, interactions in which the psychologist and the client are in the
3920   same physical space and which does not include interactions that may occur through the use of
3921   telecommunication technologies.
3922  “Interjurisdictional practice certificate” or “IPC”, a certificate issued by the Association
3923   of State and Provincial Psychology Boards that grants temporary authority to practice based on
3924   notification to the State Psychology Regulatory Authority of intention to practice temporarily,
3925   and verification of one's qualifications for such practice.
3926  “License”, authorization by a state psychology regulatory authority to engage in the
3927   independent practice of psychology, which would be unlawful without the authorization.
3928  “Noncompact state”, any state which is not at the time a compact state.
3929  “Psychologist”, an individual licensed for the independent practice of psychology.
3930  “Psychology interjurisdictional compact” or “PSYPACT”, an agreement among member
3931   states, established and governed by the PSYPACT commission, to facilitate the practice of
3932   telepsychology and the temporary in-person, face-to-face practice of psychology across state
3933   boundaries.
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3934  “Psychology interjurisdictional compact commission” or “commission”, the national
3935   administration of which all compact states are members.
3936  “Receiving state”, a compact state where the client is physically located when the
3937   telepsychological services are delivered.
3938  “Rule”, a written statement by the Psychology Interjurisdictional Compact Commission
3939   promulgated pursuant to section 13 of the compact that is of general applicability, implements,
3940   interprets, or prescribes a policy or provision of the compact, or an organizational, procedural or
3941   practice requirement of the commission and has the force and effect of statutory law in a
3942   compact state, and includes the amendment, repeal or suspension of an existing rule.
3943  “Significant investigatory information”, investigative information that a state psychology
3944   regulatory authority, after a preliminary inquiry that includes notification and an opportunity to
3945   respond if required by state law, has reason to believe, if proven true, would indicate more than a
3946   violation of state statute or ethics code that would be considered more substantial than minor
3947   infraction; or investigative information that indicates that the psychologist represents an
3948   immediate threat to public health and safety regardless of whether the psychologist has been
3949   notified or had an opportunity to respond.
3950  “State”, a state, commonwealth, territory, or possession of the United States and the
3951   District of Columbia.
3952  “State psychology regulatory authority”, the board, office or other agency with the
3953   legislative mandate to license and regulate the practice of psychology.
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3954  “Telepsychology”, the provision of psychological services using telecommunication
3955   technologies.
3956  “Temporary authorization to practice”, a licensed psychologist's authority to conduct
3957   temporary in- person, face-to-face practice, within the limits authorized under this compact, in
3958   another compact state.
3959  “Temporary in-person, face-to-face practice”, where a psychologist is physically present
3960   (not through the use of telecommunications technologies), in the distant state to provide for the
3961   practice of psychology for 30 days within a calendar year and based on notification to the distant
3962   state.
3963  Section 5. (a) The home state shall be a compact state where a psychologist is licensed to
3964   practice psychology.
3965  (b) A psychologist may hold 1 or more compact state licenses at a time. If the
3966   psychologist is licensed in more than 1 compact state, the home state is the compact state where
3967   the psychologist is physically present when the services are delivered as authorized by the
3968   authority to practice interjurisdictional telepsychology under the terms of this compact.
3969  (c) Any compact state may require a psychologist not previously licensed in a compact
3970   state to obtain and retain a license to be authorized to practice in the compact state under
3971   circumstances not authorized by the authority to practice interjurisdictional telepsychology under
3972   the terms of this compact.
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3973  (d) Any compact state may require a psychologist to obtain and retain a license to be
3974   authorized to practice in a compact state under circumstances not authorized under a temporary
3975   authorization to practice under the terms of this compact.
3976  (e) A home state's license authorizes a psychologist to practice in a receiving state under
3977   the authority to practice interjurisdictional telepsychology only if the compact state: (i) currently
3978   requires the psychologist to hold an active E.Passport; (ii) has a mechanism in place for receiving
3979   and investigating complaints about licensed individuals; (iii) notifies the commission, in
3980   compliance with the terms herein, of any adverse action or significant investigatory information
3981   regarding a licensed individual; (iv) requires an identity history summary of all applicants at
3982   initial licensure, including the use of the results of fingerprints or other biometric data checks
3983   compliant with the requirements of the Federal Bureau of Investigation, or other designee with
3984   similar authority, no later than 10 years after activation of the compact; and (v) complies with the
3985   bylaws and rules of the commission.
3986  (f) A home state’s license grants temporary authorization to practice to a psychologist in
3987   a distant state only if the compact state: (i) currently requires the psychologist to hold an active
3988   IPC; (ii) has a mechanism in place for receiving and investigating complaints about licensed
3989   individuals; (iii) notifies the commission, in compliance with the terms herein, of any adverse
3990   action or significant investigatory information regarding a licensed individual; (iv) requires an
3991   identity history summary of all applicants at initial licensure, including the use of the results of
3992   fingerprints or other biometric data checks compliant with the requirements of the Federal
3993   Bureau of Investigation, or other designee with similar authority, no later than 10 years after
3994   activation of the compact; and (v) complies with the bylaws and rules of the commission.
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3995  Section 6. (a) Compact states shall recognize the right of a psychologist, licensed in a
3996   compact state pursuant to section 5, to practice telepsychology in other compact states in which
3997   the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology
3998   as provided in the compact.
3999  (b) To exercise the authority to practice interjurisdictional telepsychology under the terms
4000   and provisions of this compact, a psychologist licensed to practice in a compact state must:
4001  (i) hold a graduate degree in psychology from an institute of higher education that was, at
4002   the time the degree was awarded: (A) regionally accredited by an accrediting body recognized by
4003   the United States Department of Education to grant graduate degrees, or authorized by Provincial
4004   Statute or Royal Charter to grant doctoral degrees; or (B) a foreign college or university deemed
4005   to be equivalent to (i)(A) above by a foreign credential evaluation service that is a member of the
4006   National Association of Credential Evaluation Services or by a recognized foreign credential
4007   evaluation service; and
4008  (ii) hold a graduate degree in psychology that meets the following criteria: (1) the
4009   program, wherever it may be administratively housed, must be clearly identified and labeled as a
4010   psychology program. Such a program must specify in pertinent institutional catalogues and
4011   brochures its intent to educate and train professional psychologists; (2) the psychology program
4012   must stand as a recognizable, coherent, organizational entity within the institution; (3) there must
4013   be a clear authority and primary responsibility for the core and specialty areas whether or not the
4014   program cuts across administrative lines; (4) the program must consist of an integrated,
4015   organized sequence of study; (5) there must be an identifiable psychology faculty sufficient in
4016   size and breadth to carry out its responsibilities; (6) the designated director of the program must
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4017   be a psychologist and a member of the core faculty; (7) the program must have an identifiable
4018   body of students who are matriculated in that program for a degree; (8) the program must include
4019   supervised practicum, internship or field training appropriate to the practice of psychology; (9)
4020   the curriculum shall encompass a minimum of 3 academic years of full-time graduate study for
4021   doctoral degree and a minimum of 1 academic year of full-time graduate study for master's
4022   degree; and (10) the program includes an acceptable residency as defined by the Rules of the
4023   Commission;
4024  (iii) possess a current, full and unrestricted license to practice psychology in a home state
4025   which is a compact state;
4026  (iv) have no history of adverse action that violate the rules of the commission;
4027  (v) have no criminal record history reported on an identity history summary that violates
4028   the rules of the commission;
4029  (vi) possess a current, active E.Passport;
4030  (vii) provide attestations in regard to areas of intended practice, conformity with: (1)
4031   standards of practice, competence in telepsychology technology; (2) criminal background
4032   requirements; and (3) knowledge and adherence to legal requirements in the home and receiving
4033   states, and provide a release of information to allow for primary source verification in a manner
4034   specified by the commission; and
4035  (viii) meet other criteria as defined by the rules of the commission.
4036  (c) The home state maintains authority over the license of any psychologist practicing
4037   into a receiving state under the authority to practice interjurisdictional telepsychology.
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4038  (d) A psychologist practicing into a receiving state under the authority to practice
4039   interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A
4040   receiving state may, in accordance with that state's due process law, limit or revoke a
4041   psychologist's authority to practice interjurisdictional telepsychology in the receiving state and
4042   may take any other necessary actions under the receiving state’s applicable law to protect the
4043   health and safety of the receiving state’s citizens. If a receiving state takes action, the state shall
4044   promptly notify the home state and the commission.
4045  (e) If a psychologist's license in any home state, another compact state, or any authority
4046   to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended or
4047   otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be
4048   eligible to practice telepsychology in a compact state under authority to practice
4049   interjurisdictional telepsychology.
4050  Section 7. (a) Compact states shall also recognize the right of a psychologist, licensed in
4051   a compact state pursuant to section 5, to practice temporarily in other compact states in which the
4052   psychologist is not licensed, as provided in the compact.
4053  (b) To exercise the temporary authorization to practice under the terms and provisions of
4054   this compact, a psychologist licensed to practice in a compact state must:
4055  (i) hold a graduate degree in psychology from an institute of higher education that was, at
4056   the time the degree was awarded: (1) regionally accredited by an accrediting body recognized by
4057   the United States Department of Education to grant graduate degrees or authorized by Provincial
4058   Statute or Royal Charter to grant doctoral degrees; or (2) a foreign college or university deemed
4059   to be equivalent to (i)(1) above by a foreign credential evaluation service that is a member of the
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4060   National Association of Credential Evaluation Services or by a recognized foreign credential
4061   evaluation service; and
4062  (ii) hold a graduate degree in psychology that meets the following criteria: (1) the
4063   program, wherever it may be administratively housed, must be clearly identified and labeled as a
4064   psychology program. Such a program must specify in pertinent institutional catalogs and
4065   brochures its intent to educate and train professional psychologists; (2) the psychology program
4066   must stand as a recognizable, coherent, organizational entity within the institution; (3) there must
4067   be a clear authority and primary responsibility for the core and specialty areas whether or not the
4068   program cuts across administrative lines; (4) the program must consist of an integrated,
4069   organized sequence of study; (5) there must be an identifiable psychology faculty sufficient in
4070   size and breadth to carry out its responsibilities; (6) the designated director of the program must
4071   be a psychologist and a member of the core faculty; (7) the program must have an identifiable
4072   body of students who are matriculated in that program for a degree; (8) the program must include
4073   supervised practicum, internship or field training appropriate to the practice of psychology; (9)
4074   the curriculum shall encompass a minimum of 3 academic years of full-time graduate study for
4075   doctoral degrees and a minimum of 1 academic year of full-time graduate study for master's
4076   degree; and (10) the program includes an acceptable residency as defined by the rules of the
4077   commission;
4078  (iii) possess a current, full and unrestricted license to practice psychology in a home state
4079   which is a compact state;
4080  (iv) have no history of adverse action that violate the rules of the commission;
4081  (v) have no criminal record history that violates the rules of the commission;
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4082  (vi) possess a current, active IPC;
4083  (vii) provide attestations in regard to areas of intended practice and work experience and
4084   provide a release of information to allow for primary source verification in a manner specified by
4085   the commission; and
4086  (viii) meet other criteria as defined by the rules of the commission.
4087  (c) A psychologist practicing into a distant state under the temporary authorization to
4088   practice shall practice within the scope of practice authorized by the distant state.
4089  (d) A psychologist practicing into a distant state under the temporary authorization to
4090   practice will be subject to the distant state’s authority and law. A distant state may, in accordance
4091   with that state's due process law, limit or revoke a psychologist’s temporary authorization to
4092   practice in the distant state and may take any other necessary actions under the distant state’s
4093   applicable law to protect the health and safety of the distant state’s citizens. If a distant state
4094   takes action, the distant state shall promptly notify the home state and the commission.
4095  (e) If a psychologist's license in any home state, another compact state or any temporary
4096   authorization to practice in any distant state, is restricted, suspended or otherwise limited, the
4097   IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact
4098   state under the temporary authorization to practice.
4099  Section 8. A psychologist may practice in a receiving state under authority to practice
4100   interjurisdictional telepsychology only in the performance of the scope of practice for
4101   psychology as assigned by an appropriate state psychology regulatory authority, as defined in the
4102   rules of the commission, and under the following circumstances: (a) the psychologist initiates a
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4103   client contact in a home state by way of telecommunications technologies with a client in a
4104   receiving state; and (b) other conditions regarding telepsychology as determined by rules
4105   promulgated by the commission.
4106  Section 9. (a) A home state shall have the power to impose adverse action against a
4107   psychologist's license issued by the home state. A distant state shall have the power to take
4108   adverse action on a psychologist’s temporary authorization to practice within that distant state.
4109  (b) A receiving state may take adverse action on a psychologist's authority to practice
4110   interjurisdictional telepsychology within that receiving state. A home state may take adverse
4111   action against a psychologist based on an adverse action taken by a distant state regarding
4112   temporary in-person, face-to-face practice.
4113  (c) If a home state takes adverse action against a psychologist’s license, that
4114   psychologist’s authority to practice interjurisdictional telepsychology is terminated and the
4115   E.Passport is revoked and such psychologist's temporary authorization to practice is terminated
4116   and the IPC is revoked. All home state disciplinary orders which impose adverse action shall be
4117   reported to the commission in accordance with the rules promulgated by the commission. A
4118   compact state shall report adverse actions in accordance with the rules of the commission. In the
4119   event discipline is reported on a psychologist, the psychologist will not be eligible for
4120   telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the
4121   commission. Other actions may be imposed as determined by the rules promulgated by the
4122   commission.
4123  (d) A home state’s psychology regulatory authority shall investigate and take appropriate
4124   action, with respect to reported inappropriate conduct engaged in, by a licensee which occurred
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4125   in a receiving state as it would if such conduct had occurred by a licensee within the home state;
4126   provided, however, that the home state’s law shall control in determining any adverse action
4127   against such psychologist’s license.
4128  (e) A distant state’s psychology regulatory authority shall investigate and take
4129   appropriate action with respect to reported inappropriate conduct engaged in by a psychologist
4130   practicing under temporary authorization to practice which occurred in that distant state as it
4131   would if such conduct had occurred by a licensee within the home state; provided, however, that
4132   such distant state’s law shall control in determining any adverse action against a psychologist’s
4133   temporary authorization to practice.
4134  (f) Nothing in this compact shall override a compact state’s decision that a psychologist’s
4135   participation in an alternative program may be used in lieu of adverse action and that such
4136   participation shall remain non-public if required by the compact state’s law. Compact states must
4137   require psychologists who enter any alternative programs to not provide telepsychology services
4138   under the authority to practice interjurisdictional telepsychology or provide temporary
4139   psychological services under the temporary authorization to practice in any other compact state
4140   during the term of the alternative program.
4141  (g) No other judicial or administrative remedies shall be available to a psychologist in the
4142   event a compact state imposes an adverse action pursuant to subsection (c).
4143  Section 10. (a) In addition to any other powers granted under state law, a compact state’s
4144   psychology regulatory authority shall have the authority under this compact to: (i) issue
4145   subpoenas, for both hearings and investigations, which require the attendance and testimony of
4146   witnesses and the production of evidence. Subpoenas issued by a compact state’s psychology
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4147   regulatory authority for the attendance and testimony of witnesses, or the production of evidence
4148   from another compact state shall be enforced in the latter state by any court of competent
4149   jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in
4150   its own proceedings. The issuing state psychology regulatory authority shall pay any witness
4151   fees, travel expenses, mileage and other fees required by the service statutes of the state where
4152   the witnesses or evidence are located; and (ii) issue cease and desist or injunctive relief orders to
4153   revoke a psychologist's authority to practice interjurisdictional telepsychology or temporary
4154   authorization to practice;
4155  (b) During the course of any investigation, a psychologist may not change his or her
4156   home state licensure. A home state psychology regulatory authority is authorized to complete
4157   any pending investigations of a psychologist and to take any actions appropriate under its law.
4158   The home state psychology regulatory authority shall promptly report the conclusions of such
4159   investigations to the commission. Once an investigation has been completed, and pending the
4160   outcome of said investigation, the psychologist may change his or her home state licensure. The
4161   commission shall promptly notify the new home state of any such decisions as provided in the
4162   rules of the commission. All information provided to the commission or distributed by compact
4163   states pursuant to the psychologist shall be confidential, filed under seal and used for
4164   investigatory or disciplinary matters. The commission may create additional rules for mandated
4165   or discretionary sharing of information by compact states.
4166  Section 11. (a) The commission shall provide for the development and maintenance of a
4167   coordinated licensure information system and reporting system containing licensure and
4168   disciplinary action information on all psychologists to whom this compact is applicable in all
4169   compact states as defined by the rules of the commission.
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4170  (b) Notwithstanding any other provision of state law to the contrary, a compact state shall
4171   submit a uniform data set to the coordinated database on all licensees as required by the rules of
4172   the commission, including: (i) identifying information; (ii) licensure data; (iii) significant
4173   investigatory information; (iv) adverse actions against a psychologist’s license; (v) an indicator
4174   that a psychologist's authority to practice interjurisdictional telepsychology or temporary
4175   authorization to practice is revoked; (vi) non-confidential information related to alternative
4176   program participation information; (vii) any denial of application for licensure and the reasons
4177   for such denial; and (viii) other information which may facilitate the administration of this
4178   compact, as determined by the rules of the commission.
4179  (c) The coordinated database administrator shall promptly notify all compact states of any
4180   adverse action taken against, or significant investigative information on, any licensee in a
4181   compact state.
4182  (d) Compact states reporting information to the coordinated database may designate
4183   information that may not be shared with the public without the express permission of the
4184   compact state reporting the information.
4185  (e) Any information submitted to the coordinated database that is subsequently required
4186   to be expunged by the law of the compact state reporting the information shall be removed from
4187   the coordinated database.
4188  Section 12. (a) The compact states hereby create and establish a joint public agency
4189   known as the Psychology Interjurisdictional Compact Commission. The commission is a body
4190   politic and an instrumentality of the compact states. Venue is proper and judicial proceedings by
4191   or against the commission shall be brought solely and exclusively in a court of competent
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4192   jurisdiction where the principal office of the commission is located. The commission may waive
4193   venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative
4194   dispute resolution proceedings. Nothing in this compact shall be construed to be a waiver of
4195   sovereign immunity.
4196  (b) The commission shall consist of 1 voting representative appointed by each compact
4197   state who shall serve as that state’s commissioner. The state psychology regulatory authority
4198   shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state.
4199   This delegate shall be limited to: (i) executive director, executive secretary or similar executive;
4200   (ii) current member of the state psychology regulatory authority of a compact state; or (iii)
4201   designee empowered with the appropriate delegate authority to act on behalf of the compact
4202   state.
4203  (c) Any commissioner may be removed or suspended from office as provided by the law
4204   of the state from which the commissioner is appointed. Any vacancy occurring in the
4205   commission shall be filled in accordance with the laws of the compact state in which the vacancy
4206   exists. Each commissioner shall be entitled to 1 vote with regard to the promulgation of rules and
4207   creation of bylaws and shall otherwise have an opportunity to participate in the business and
4208   affairs of the commission. A commissioner shall vote in person or by such other means as
4209   provided in the bylaws. The bylaws may provide for commissioners’ participation in meetings by
4210   telephone or other means of communication.
4211  (d) The commission shall meet not less than 1 time during each calendar year. Additional
4212   meetings shall be held as set forth in the bylaws. All meetings shall be open to the public and
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4213   public notice of meetings shall be given in the same manner as required under the rulemaking
4214   provisions pursuant section 13.
4215  (e) The commission may convene in a closed, non-public meeting if the commission must
4216   discuss: (i) non-compliance of a compact state with its obligations under the compact; (ii) the
4217   employment, compensation, discipline or other personnel matters, practices or procedures related
4218   to specific employees or other matters related to the commission's internal personnel practices
4219   and procedures; (iii) current, threatened or reasonably anticipated litigation against the
4220   commission; (iv) negotiation of contracts for the purchase or sale of goods, services or real
4221   estate; (v) accusation against any person of a crime or formally censuring any person; (vi)
4222   disclosure of trade secrets or commercial or financial information which is privileged or
4223   confidential; (vii) disclosure of information of a personal nature where disclosure would
4224   constitute a clearly unwarranted invasion of personal privacy; (viii) disclosure of investigatory
4225   records compiled for law enforcement purposes; (ix) disclosure of information related to any
4226   investigatory reports prepared by or on behalf of or for use of the commission or other committee
4227   charged with responsibility for investigation or determination of compliance issues pursuant to
4228   the compact; or (x) matters specifically exempted from disclosure by federal and state statute.
4229  (f) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
4230   commission’s legal counsel or designee shall certify that the meeting may be closed and shall
4231   reference each relevant exempting provision. The commission shall keep minutes which fully
4232   and clearly describe all matters discussed in a meeting and shall provide a full and accurate
4233   summary of actions taken, of any person participating in the meeting, and the reasons therefore,
4234   including a description of the views expressed. All documents considered in connection with an
4235   action shall be identified in such minutes. All minutes and documents of a closed meeting shall
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4236   remain under seal, subject to release only by a majority vote of the commission or order of a
4237   court of competent jurisdiction.
4238  (g) The commission shall, by a majority vote of the commissioners, prescribe bylaws and
4239   rules to govern its conduct as may be necessary or appropriate to carry out the purposes and
4240   exercise the powers of the compact, including, but not limited to: (1) establishing the fiscal year
4241   of the commission; (2) providing reasonable standards and procedures: (A) for the establishment
4242   and meetings of other committees; and (B) governing any general or specific delegation of any
4243   authority or function of the commission; (3) providing reasonable procedures for calling and
4244   conducting meetings of the commission, ensuring reasonable advance notice of all meetings and
4245   providing an opportunity for attendance of such meetings by interested parties, with enumerated
4246   exceptions designed to protect the public's interest, the privacy of individuals of such
4247   proceedings, and proprietary information, including trade secrets. The commission may meet in
4248   closed session only after a majority of the commissioners vote to close a meeting to the public in
4249   whole or in part. As soon as practicable, the commission must make public a copy of the vote to
4250   close the meeting revealing the vote of each commissioner with no proxy votes allowed; (4)
4251   establishing the titles, duties and authority and reasonable procedures for the election of the
4252   officers of the commission; (5) providing reasonable standards and procedures for the
4253   establishment of the personnel policies and programs of the commission. Notwithstanding any
4254   civil service or other similar law of any compact state, the bylaws shall exclusively govern the
4255   personnel policies and programs of the commission; (6) promulgating a code of ethics to address
4256   permissible and prohibited activities of commission members and employees; (7) providing a
4257   mechanism for concluding the operations of the Commission and the equitable disposition of any
4258   surplus funds that may exist after the termination of the compact after the payment or reserving
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4259   of all of its debts and obligations; (8) publishing its bylaws in a convenient form and file a copy
4260   thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of
4261   the compact states; (9) maintaining its financial records in accordance with the bylaws; and (10)
4262   meeting and taking such actions as are consistent with the provisions of this compact and the
4263   bylaws.
4264  (h) The commission shall have the following powers and authority: (1) to promulgate
4265   uniform rules to facilitate and coordinate implementation and administration of this compact.
4266   Such rules shall have the force and effect of law and shall be binding in all compact states; (2) to
4267   bring and prosecute legal proceedings or actions in the name of the commission; provided,
4268   however, that the standing of any state psychology regulatory authority or other regulatory body
4269   responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
4270   (3) to purchase and maintain insurance and bonds; (4) to borrow, accept or contract for services
4271   of personnel, including, but not limited to, employees of a compact state; (5) to hire employees,
4272   elect or appoint officers, fix compensation, define duties, grant such individuals appropriate
4273   authority to carry out the purposes of the compact and to establish the commission's personnel
4274   policies and programs relating to conflicts of interest, qualifications of personnel and other
4275   related personnel matters; (6) to accept any and all appropriate donations and grants of money,
4276   equipment, supplies, materials and services, and to receive, utilize and dispose of the same;
4277   provided, however, that at all times the commission shall strive to avoid any appearance of
4278   impropriety or conflict of interest; (7) to lease, purchase, accept appropriate gifts or donations of,
4279   or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided,
4280   however, that at all times the commission shall strive to avoid any appearance of impropriety; (8)
4281   to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property
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4282   real, personal or mixed; (9) to establish a budget and make expenditures; (10) to borrow money;
4283   (11) to appoint committees, including advisory committees comprised of members, state
4284   regulators, state legislators or their representatives and consumer representatives, and such other
4285   interested persons as may be designated in this compact and the bylaws; (12) to provide and
4286   receive information from, and to cooperate with, law enforcement agencies; (13) to adopt and
4287   use an official seal; and (14) to perform such other functions as may be necessary or appropriate
4288   to achieve the purposes of this compact consistent with the state regulation of psychology
4289   licensure, temporary in-person, face-to-face practice and telepsychology practice.
4290  (i) The elected officers shall serve as the executive board, which shall have the power to
4291   act on behalf of the commission according to the terms of this compact. The executive board
4292   shall be comprised of: 5 voting members who are elected from the current membership of the
4293   commission by the commission; and 1 ex-officio, non-voting member from the recognized
4294   membership organization composed of state and provincial psychology regulatory authorities.
4295   The ex-officio member must have served as staff or member on a state psychology regulatory
4296   authority and will be selected by its respective organization. The commission may remove any
4297   member of the executive board in accordance with the bylaws. The executive board shall meet
4298   not less than annually.
4299  (j) The executive board shall have the following duties and responsibilities: (i)
4300   recommend to the entire commission changes to the rules or bylaws, changes to this compact
4301   legislation, fees paid by compact states such as annual dues, and any other applicable fees; (ii)
4302   ensure compact administration services are appropriately provided, contractual or otherwise; (iii)
4303   prepare and recommend the budget; (iv) maintain financial records on behalf of the commission;
4304   (v) monitor compact compliance of member states and provide compliance reports to the
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4305   commission; (vi) establish additional committees as necessary; and (vii) other duties as provided
4306   in rules or bylaws.
4307  (k) The commission shall pay, or provide for the payment of, the reasonable expenses of
4308   its establishment, organization and ongoing activities. The commission may accept any and all
4309   appropriate revenue sources, donations and grants of money, equipment, supplies, materials and
4310   services. The commission may levy on and collect an annual assessment from each compact state
4311   or impose fees on other parties to cover the cost of the operations and activities of the
4312   commission and its staff which must be in a total amount sufficient to cover its annual budget as
4313   approved each year for which revenue is not provided by other sources. The aggregate annual
4314   assessment amount shall be allocated based upon a formula to be determined by the commission
4315   which shall promulgate a rule binding upon all compact states. The commission shall not incur
4316   obligations of any kind prior to securing the funds adequate to meet the same nor shall the
4317   commission pledge the credit of any of the compact states, except by and with the authority of
4318   the compact state. The commission shall keep accurate accounts of all receipts and
4319   disbursements. The receipts and disbursements of the commission shall be subject to the audit
4320   and accounting procedures established under its bylaws. All receipts and disbursements of funds
4321   handled by the commission shall be audited annually by a certified or licensed public accountant
4322   and the report of the audit shall be included in and become part of the annual report of the
4323   commission.
4324  (l) (1) The members, officers, executive director, employees and representatives of the
4325   commission shall be immune from suit and liability, either personally or in their official capacity,
4326   for any claim for damage to or loss of property or personal injury or other civil liability caused
4327   by or arising out of any actual or alleged act, error or omission that occurred, or that the person
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4328   against whom the claim is made had a reasonable basis for believing occurred within the scope
4329   of commission employment, duties or responsibilities; provided, however, that nothing in this
4330   paragraph shall be construed to protect any such person from suit or liability for any damage,
4331   loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
4332  (2) The commission shall defend any member, officer, executive director, employee or
4333   representative of the commission in any civil action seeking to impose liability arising out of any
4334   actual or alleged act, error or omission that occurred within the scope of commission
4335   employment, duties or responsibilities, or that the person against whom the claim is made had a
4336   reasonable basis for believing occurred within the scope of commission employment, duties or
4337   responsibilities; provided, however, that nothing herein shall be construed to prohibit that person
4338   from retaining his or her own counsel; and provided further, that the actual or alleged act, error
4339   or omission did not result from that person's intentional or willful or wanton misconduct.
4340  (3) The commission shall indemnify and hold harmless any member, officer, executive
4341   director, employee or representative of the commission for the amount of any settlement or
4342   judgment obtained against that person arising out of any actual or alleged act, error or omission
4343   that occurred within the scope of commission employment, duties or responsibilities, or that such
4344   person had a reasonable basis for believing occurred within the scope of commission
4345   employment, duties or responsibilities, provided that the actual or alleged act, error or omission
4346   did not result from the intentional or willful or wanton misconduct of that person.
4347  Section 13. (a) The commission shall exercise its rulemaking powers pursuant to the
4348   criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall
4349   become binding as of the date specified in each rule or amendment.
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4350  (b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a
4351   statute or resolution in the same manner used to adopt the compact, then such rule shall have no
4352   further force and effect in any compact state.
4353  (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of
4354   the commission.
4355  (d) Prior to promulgation and adoption of a final rule or rules by the commission, and at
4356   least 60 days in advance of the meeting at which the rule will be considered and voted upon, the
4357   commission shall file a notice of proposed rulemaking on the website of: (i) the commission; and
4358   (ii) each compact states’ psychology regulatory authority or the publication in which each state
4359   would otherwise publish proposed rules.
4360  (e) The notice of proposed rulemaking shall include: (1) the proposed time, date and
4361   location of the meeting in which the rule will be considered and voted upon; (2) the text of the
4362   proposed rule or amendment and the reason for the proposed rule; (3) a request for comments on
4363   the proposed rule from any interested person; and (4) the manner in which interested persons
4364   may submit notice to the commission of their intention to attend the public hearing and any
4365   written comments.
4366  (f) Prior to adoption of a proposed rule, the commission shall allow persons to submit
4367   written data, facts, opinions and arguments, which shall be made available to the public.
4368  (g) The commission shall grant an opportunity for a public hearing before it adopts a rule
4369   or amendment if a hearing is requested by: (i) not less than 25 persons who submit comments
4370   independently of each other; (ii) a governmental subdivision or agency; or (iii) a duly appointed
4371   person in an association that has having not less than 25 members.
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4372  (h) If a hearing is held on the proposed rule or amendment, the commission shall publish
4373   the place, time and date of the scheduled public hearing. All persons wishing to be heard at the
4374   hearing shall notify the executive director of the commission or other designated member in
4375   writing of their desire to appear and testify at the hearing not less than 5 business days before the
4376   scheduled date of the hearing. Hearings shall be conducted in a manner providing each person
4377   who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
4378  (i) No transcript of the hearing is required, unless a written request for a transcript is
4379   made, in which case the person requesting the transcript shall bear the cost of producing the
4380   transcript. A recording may be made in lieu of a transcript under the same terms and conditions
4381   as a transcript. This subsection shall not preclude the commission from making a transcript or
4382   recording of the hearing if it so chooses.
4383  (j) Nothing in this section shall be construed as requiring a separate hearing on each rule.
4384   Rules may be grouped for the convenience of the commission at hearings required by this
4385   section.
4386  (k) Following the scheduled hearing date, or by the close of business on the scheduled
4387   hearing date if the hearing was not held, the commission shall consider all written and oral
4388   comments received.
4389  (l) The commission shall, by majority vote of all members, take final action on the
4390   proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
4391   record and the full text of the rule.
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4392  (m) If no written notice of intent to attend the public hearing by interested parties is
4393   received, the commission may proceed with promulgation of the proposed rule without a public
4394   hearing.
4395  (n) Upon determination that an emergency exists, the commission may consider and
4396   adopt an emergency rule without prior notice, opportunity for comment, or hearing; provided,
4397   however, that the usual rulemaking procedures provided in the compact and in this section shall
4398   be retroactively applied to the rule as soon as reasonably possible, but in no event later than 90
4399   days after the effective date of the rule. For the purposes of this provision, an emergency rule is
4400   one that must be adopted immediately in order to: (1) meet an imminent threat to public health,
4401   safety or welfare; (2) prevent a loss of commission or compact state funds; (3) meet a deadline
4402   for the promulgation of an administrative rule that is established by federal law or rule; or (4)
4403   protect public health and safety.
4404  (o) The commission or an authorized committee of the commission may direct revisions
4405   to a previously adopted rule or amendment for purposes of correcting typographical errors, errors
4406   in format, errors in consistency or grammatical errors. Public notice of any revisions shall be
4407   posted on the website of the commission. The revision shall be subject to challenge by any
4408   person for a period of 30 days after posting. The revision may be challenged only on grounds
4409   that the revision results in a material change to a rule. A challenge shall be made in writing and
4410   delivered to the chair of the commission prior to the end of the notice period. If no challenge is
4411   made, the revision shall take effect without further action. If the revision is challenged, the
4412   revision may not take effect without the approval of the commission.
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4413  Section 14. (a) The executive, legislative and judicial branches of state government in
4414   each compact state shall enforce this compact and take all actions necessary and appropriate to
4415   effectuate the compact’s purposes and intent. The provisions of this compact and the rules
4416   promulgated hereunder shall have standing as statutory law. All courts shall take judicial notice
4417   of the compact and the rules in any judicial or administrative proceeding in a compact state
4418   pertaining to the subject matter of this compact which may affect the powers, responsibilities or
4419   actions of the commission. The commission shall be entitled to receive service of process in any
4420   such proceeding and shall have standing to intervene in such a proceeding for all purposes.
4421   Failure to provide service of process to the commission shall render a judgment or order void as
4422   to the commission, this compact or promulgated rules.
4423  (b) If the commission determines that a compact state has defaulted in the performance of
4424   its obligations or responsibilities under this compact or the promulgated rules, the commission
4425   shall: (i) provide written notice to the defaulting state and other compact states of the nature of
4426   the default, the proposed means of remedying the default or any other action to be taken by the
4427   commission; and (ii) provide remedial training and specific technical assistance regarding the
4428   default. If a state in default fails to remedy the default, the defaulting state may be terminated
4429   from the compact upon an affirmative vote of a majority of the compact states, and all rights,
4430   privileges and benefits conferred by this compact shall be terminated on the effective date of
4431   termination. A remedy of the default does not relieve the offending state of obligations or
4432   liabilities incurred during the period of default.
4433  (c) Termination of membership in the compact shall be imposed only after all other
4434   means of securing compliance have been exhausted. Notice of intent to suspend or terminate
4435   shall be submitted by the commission to the governor, the majority and minority leaders of the
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4436   defaulting state's legislature and each of the compact states. A compact state which has been
4437   terminated is responsible for all assessments, obligations and liabilities incurred through the
4438   effective date of termination, including obligations which extend beyond the effective date of
4439   termination.
4440  (d) The commission shall not bear any costs incurred by the state which is found to be in
4441   default or which has been terminated from the compact, unless agreed upon in writing between
4442   the commission and the defaulting state. The defaulting state may appeal the action of the
4443   commission by petitioning the United States district court for the state or the federal district
4444   where the compact has its principal offices. The prevailing member shall be awarded all costs of
4445   such litigation, including reasonable attorney's fees.
4446  (e) Upon request by a compact state, the commission shall attempt to resolve disputes
4447   related to the compact which arise among compact states and between compact and non-compact
4448   states. The commission shall promulgate a rule providing for both mediation and binding dispute
4449   resolution for disputes that arise before the commission.
4450  (f) The commission, in the reasonable exercise of its discretion, shall enforce the
4451   provisions and rules of this compact.
4452  (g) By majority vote, the commission may initiate legal action in the United States
4453   district court for the state of Georgia or the federal district where the compact has its principal
4454   offices against a compact state in default to enforce compliance with the provisions of the
4455   compact and its promulgated rules and bylaws. The relief sought may include both injunctive
4456   relief and damages. In the event judicial enforcement is necessary, the prevailing member shall
4457   be awarded all costs of such litigation, including reasonable attorney's fees.
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4458  (h) The remedies herein shall not be the exclusive remedies of the commission. The
4459   commission may pursue any other remedies available under federal or state law.
4460  Section 15. (a) The compact shall come into effect on the date on which the compact is
4461   enacted into law in the seventh compact state. The provisions which become effective at that
4462   time shall be limited to the powers granted to the commission relating to assembly and the
4463   promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers
4464   necessary to the implementation and administration of the compact.
4465  (b) Any state which joins the compact subsequent to the commission's initial adoption of
4466   the rules shall be subject to the rules as they exist on the date on which the compact becomes law
4467   in that state. Any rule which has been previously adopted by the commission shall have the full
4468   force and effect of law on the day the compact becomes law in that state.
4469  (c) Any compact state may withdraw from this compact by enacting a statute repealing
4470   the same. A compact state's withdrawal shall not take effect until 6 months after enactment of the
4471   repealing statute. Withdrawal shall not affect the continuing requirement of the withdrawing
4472   state's psychology regulatory authority to comply with the investigative and adverse action
4473   reporting requirements of this act prior to the effective date of withdrawal.
4474  (d) Nothing contained in this compact shall be construed to invalidate or prevent any
4475   psychology licensure agreement or other cooperative arrangement between a compact state and a
4476   non-compact state which does not conflict with the provisions of this compact.
4477  (e) This compact may be amended by the compact states. No amendment to this compact
4478   shall become effective and binding upon any compact state until it is enacted into the law of all
4479   compact states.
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4480  Section 16. This compact shall be liberally construed so as to effectuate the purposes
4481   thereof. If this compact shall be held contrary to the constitution of any state member thereto, the
4482   compact shall remain in full force and effect as to the remaining compact states.
4483  Section 17. The compact administrator who represents the commonwealth, as provided in
4484   the compact, shall not be entitled to any additional compensation for executing their duties and
4485   responsibilities as compact administrator but shall be entitled to reimbursement for reasonable
4486   expenses actually incurred in connection with his duties and responsibilities as compact
4487   administrator in the same manner as for expenses incurred in connection with other duties and
4488   responsibilities of his office or employment.
4489  Section 18. The executive director of the board of registration of psychologists or the
4490   board executive director’s designee, shall be the administrator of the psychology
4491   interjurisdictional compact for the commonwealth.
4492  Section 19. The board of registration of psychologists may promulgate regulations as
4493   necessary to implement the provisions of this chapter.
4494  Section 20. The board of registration of psychologists may recover from a psychologist
4495   the costs of investigation and disposition of cases resulting in any adverse disciplinary action
4496   taken against a psychologist’s authority to practice interjurisdictional telepsychology or
4497   temporary authorization to practice. Funds collected pursuant to this section shall be deposited in
4498   the Quality in Health Professions Trust Fund established pursuant to section 35X of chapter 10.
4499  Section 21. The board of registration of psychologists may take disciplinary action
4500   against a psychologist practicing in the commonwealth under the authority to practice
4501   interjurisdictional telepsychology or temporary authorization to practice under a license issued
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4502   by a member state. The board’s disciplinary action may be based on disciplinary action against
4503   the psychologist’s license taken by that licensee’s home state.
4504  Section 22. In reporting information to the coordinated licensure information system
4505   under section 11 of this chapter related to the Psychology Interjurisdictional Compact Act, the
4506   board of registration of psychologists may disclose personally identifiable information about the
4507   psychologist, including social security number.
4508  Section 23. This psychology interjurisdictional compact shall be subject to the applicable
4509   laws and regulations of the commonwealth, including chapters 13, 30A and 112 of the General
4510   Laws.
4511  CHAPTER 112C.
4512  SOCIAL WORK LICENSURE COMPACT
4513  Section 1. The purpose of this compact is to facilitate interstate practice of regulated
4514   social workers by improving public access to competent social work services. The compact
4515   preserves the regulatory authority of states to protect public health and safety through the current
4516   system of state licensure. This compact is designed to achieve the following objectives:
4517  (a) increase public access to social work services;
4518  (b) reduce overly burdensome and duplicative requirements associated with holding
4519   multiple licenses;
4520  (c) enhance the member states’ ability to protect the public’s health and safety;
4521  (d) encourage the cooperation of member states in regulating multistate practice;
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4522  (e) promote mobility and address workforce shortages by eliminating the necessity for
4523   licenses in multiple states by providing for the mutual recognition of other member state
4524   licenses;
4525  (f) support military families;
4526  (g) facilitate the exchange of licensure and disciplinary information among member
4527   states;
4528  (h) authorize all member states to hold a regulated social worker accountable for abiding
4529   by a member state’s laws, regulations and applicable professional standards in the member state
4530   in which the client is located at the time care is rendered; and
4531  (i) allow for the use of telehealth to facilitate increased access to regulated social work
4532   services.
4533  Section 2. As used in this chapter, unless the context requires otherwise, the following
4534   words shall have the following meanings:
4535  (a) “Active military member”, any individual with full-time duty status in the active
4536   armed forces of the United States including members of the National Guard and Reserve.
4537  (b) “Adverse action”, any administrative, civil, equitable or criminal action permitted by
4538   a state’s laws which is imposed by a licensing authority or other authority against a regulated
4539   social worker, including actions against an individual’s license or multistate authorization to
4540   practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the
4541   licensee’s practice or any other encumbrance on licensure affecting a regulated social worker’s
4542   authorization to practice, including issuance of a cease and desist action.
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4543  (c) “Alternative program”, a non-disciplinary monitoring or practice remediation process
4544   approved by a licensing authority to address practitioners with an impairment.
4545  (d) “Charter member states”, member states who have enacted legislation to adopt this
4546   compact where such legislation predates the effective date of this compact as described in section
4547   14.
4548  (e) “Compact Commission” or “Commission”, the government agency whose
4549   membership consists of all states that have enacted this compact, which is known as the Social
4550   Work Licensure Compact Commission, as described in section 10, and which shall operate as an
4551   instrumentality of the member states.
4552  (f) “Current significant investigative information”, (1) investigative information that a
4553   licensing authority, after a preliminary inquiry that includes notification and an opportunity for
4554   the regulated social worker to respond has reason to believe is not groundless and, if proved true,
4555   would indicate more than a minor infraction as may be defined by the commission; or (2)
4556   investigative information that indicates that the regulated social worker represents an immediate
4557   threat to public health and safety, as may be defined by the commission, regardless of whether
4558   the regulated social worker has been notified and has had an opportunity to respond.
4559  (g) “Data system”, a repository of information about licensees, including, continuing
4560   education, examination, licensure, current significant investigative information, disqualifying
4561   event, multistate licenses and adverse action information or other information as required by the
4562   commission.
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4563  (h) “Disqualifying event”, any adverse action or incident which results in an
4564   encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain or renew a
4565   multistate license.
4566  (i) “Domicile”, the jurisdiction in which the licensee resides and intends to remain
4567   indefinitely.
4568  (j) “Encumbrance”, a revocation or suspension of, or any limitation on, the full and
4569   unrestricted practice of social work licensed and regulated by a licensing authority.
4570  (k) “Executive committee”, a group of delegates elected or appointed to act on behalf of,
4571   and within the powers granted to them by, the compact and commission.
4572  (l) “Home state”, the member state that is the licensee’s primary domicile.
4573  (m) “Impairment”, a condition or conditions that may impair a practitioner’s ability to
4574   engage in full and unrestricted practice as a regulated social worker without some type of
4575   intervention and may include alcohol and drug dependence, mental health impairment and
4576   neurological or physical impairments.
4577  (n) “Licensee(s)”, an individual who currently holds a license from a state to practice as a
4578   regulated social worker.
4579  (o) “Licensing authority”, the board or agency of a member state, or equivalent, that is
4580   responsible for the licensing and regulation of regulated social workers.
4581  (p) “Member state”, a state, commonwealth, district or territory of the United States of
4582   America that has enacted this compact.
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4583  (q) “Multistate authorization to practice”, a legally authorized privilege to practice, which
4584   is equivalent to a license, associated with a multistate license permitting the practice of social
4585   work in a remote state.
4586  (r) “Multistate license”, a license to practice as a regulated social worker issued by a
4587   home state licensing authority that authorizes the regulated social worker to practice in all
4588   member states under multistate authorization to practice.
4589  (s) “Qualifying national exam”, a national licensing examination approved by the
4590   commission.
4591  (t) “Regulated social worker”, any clinical, master’s or bachelor’s social worker licensed
4592   by a member state regardless of the title used by that member state.
4593  (u) “Remote state”, a member state other than the licensee’s home state.
4594  (v) “Rule(s)” or “Rule(s) of the commission”, a regulation or regulations duly
4595   promulgated by the commission, as authorized by the compact, that has the force of law.
4596  (w) “Single state license”, a social work license issued by any state that authorizes
4597   practice only within the issuing state and does not include multistate authorization to practice in
4598   any member state.
4599  (x) “Social work” or “Social work services”, the application of social work theory,
4600   knowledge, methods, ethics and the professional use of self to restore or enhance social,
4601   psychosocial or biopsychosocial functioning of individuals, couples, families, groups,
4602   organizations and communities through the care and services provided by a regulated social
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4603   worker as set forth in the member state’s statutes and regulations in the state where the services
4604   are being provided.
4605  (y) “State”, any state, commonwealth, district or territory of the United States of America
4606   that regulates the practice of social work.
4607  (z) “Unencumbered license”, a license that authorizes a regulated social worker to engage
4608   in the full and unrestricted practice of social work.
4609  Section 3. (a) To be eligible to participate in the compact, a potential member state must
4610   currently meet all of the following criteria:
4611  (1) license and regulate the practice of social work at either the clinical, master’s or
4612   bachelor’s category;
4613  (2) require applicants for licensure to graduate from a program that is:
4614  (i) operated by a college or university recognized by the licensing authority;
4615  (ii) accredited, or in candidacy by an institution that subsequently becomes accredited, by
4616   an accrediting agency recognized by either:
4617  (A) the Council for Higher Education Accreditation, or its successor; or
4618  (B) the United States Department of Education; and
4619  (iii) corresponds to the licensure sought as outlined in section 4;
4620  (3) require applicants for clinical licensure to complete a period of supervised practice;
4621   and
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4622  (4) have a mechanism in place for receiving, investigating and adjudicating complaints
4623   about licensees.
4624  (b) To maintain membership in the compact a member state shall:
4625  (1) require that applicants for a multistate license pass a qualifying national exam for the
4626   corresponding category of multistate license sought as outlined in section 4;
4627  (2) participate fully in the commission’s data system, including using the commission’s
4628   unique identifier as defined in rules;
4629  (3) notify the commission, in compliance with the terms of the compact and rules, of any
4630   adverse action or the availability of current significant investigative information regarding a
4631   licensee;
4632  (4) implement procedures for considering the criminal history records of applicants for a
4633   multistate license. Such procedures shall include the submission of fingerprints or other
4634   biometric-based information by applicants for the purpose of obtaining an applicant’s criminal
4635   history record information from the Federal Bureau of Investigation and the agency responsible
4636   for retaining that state’s criminal records;
4637  (5) comply with the rules of the commission;
4638  (6) require an applicant to obtain or retain a license in the home state and meet the home
4639   state’s qualifications for licensure or renewal of licensure, as well as all other applicable home
4640   state laws;
4641  (7) authorize a licensee holding a multistate license in any member state to practice in
4642   accordance with the terms of the compact and rules of the commission; and
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4643  (8) designate a delegate to participate in the commission meetings.
4644  (c) A member state meeting the requirements of subsections (a) and (b) of section 3 of
4645   this compact shall designate the categories of social work licensure that are eligible for issuance
4646   of a multistate license for applicants in such member state. To the extent that any member state
4647   does not meet the requirements for participation in the compact at any particular category of
4648   social work licensure, such member state may choose, but is not obligated to, issue a multistate
4649   license to applicants that otherwise meet the requirements of section 4 for issuance of a
4650   multistate license in such category or categories of licensure.
4651  (d) The home state may charge a fee for granting the multistate license.
4652  Section 4. (a) To be eligible for a multistate license under the terms and provisions of the
4653   compact, an applicant, regardless of category, must:
4654  (1) hold or be eligible for an active, unencumbered license in the home state;
4655  (2) pay any applicable fees, including any state fee, for the multistate license;
4656  (3) submit, in connection with an application for a multistate license, fingerprints or other
4657   biometric data for the purpose of obtaining criminal history record information from the Federal
4658   Bureau of Investigation and the agency responsible for retaining that state’s criminal records;
4659  (4) notify the home state of any adverse action, encumbrance or restriction on any
4660   professional license taken by any member state or non-member state within 30 days from the
4661   date the action is taken;
4662  (5) meet any continuing competence requirements established by the home state; and
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4663  (6) abide by the laws, regulations and applicable standards in the member state where the
4664   client is located at the time care is rendered.
4665  (b) An applicant for a clinical-category multistate license must meet all of the following
4666   requirements:
4667  (1) fulfill a competency requirement, which shall be satisfied by either:
4668  (i) passage of a clinical-category qualifying national exam; or
4669  (ii) licensure of the applicant in their home state at the clinical category, beginning prior
4670   to such time as a qualifying national exam was required by the home state and accompanied by a
4671   period of continuous social work licensure thereafter, all of which may be further governed by
4672   the rules of the commission; or
4673  (iii) the substantial equivalency of the foregoing competency requirements which the
4674   commission may determine by rule;
4675  (2) attain at least a master’s degree in social work from a program that is:
4676  (i) operated by a college or university recognized by the licensing authority; and
4677  (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
4678   agency recognized by either:
4679  (A) the Council for Higher Education Accreditation or its successor; or
4680  (B) the United States Department of Education; and
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4681  (3) fulfill a practice requirement, which shall be satisfied by demonstrating completion of
4682   either:
4683  (i) a period of postgraduate supervised clinical practice equal to a minimum of 3,000
4684   hours; or
4685  (ii) a minimum of 2 years of full-time postgraduate supervised clinical practice; or
4686  (iii) the substantial equivalency of the foregoing practice requirements which the
4687   commission may determine by rule.
4688  (c) An applicant for a master’s-category multistate license must meet all of the following
4689   requirements:
4690  (1) fulfill a competency requirement, which shall be satisfied by either:
4691  (i) passage of a masters-category qualifying national exam;
4692  (ii) licensure of the applicant in their home state at the master’s category, beginning prior
4693   to such time as a qualifying national exam was required by the home state at the master’s
4694   category and accompanied by a continuous period of social work licensure thereafter, all of
4695   which may be further governed by the rules of the commission; or
4696  (iii) the substantial equivalency of the foregoing competency requirements which the
4697   commission may determine by rule; and
4698  (2) attain at least a master’s degree in social work from a program that is:
4699  (i) operated by a college or university recognized by the licensing authority; and
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4700  (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
4701   agency recognized by either:
4702  (A) the Council for Higher Education Accreditation or its successor; or
4703  (B) the United States Department of Education.
4704  (d) An applicant for a bachelor’s-category multistate license must meet all of the
4705   following requirements:
4706  (1) fulfill a competency requirement, which shall be satisfied by either:
4707  (i) passage of a bachelor’s-category qualifying national exam;
4708  (ii) licensure of the applicant in their home state at the bachelor’s category, beginning
4709   prior to such time as a qualifying national exam was required by the home state and accompanied
4710   by a period of continuous social work licensure thereafter, all of which may be further governed
4711   by the rules of the commission; or
4712  (iii) the substantial equivalency of the foregoing competency requirements which the
4713   commission may determine by rule; and
4714  (2) attain at least a bachelor’s degree in social work from a program that is:
4715  (i) operated by a college or university recognized by the licensing authority; and
4716  (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
4717   agency recognized by either:
4718  (A) the Council for Higher Education Accreditation or its successor; or
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4719  (B) the United States Department of Education.
4720  (e) The multistate license for a regulated social worker is subject to the renewal
4721   requirements of the home state. The regulated social worker must maintain compliance with the
4722   requirements of subsection (a) of section 4 to be eligible to renew a multistate license.
4723  (f) The regulated social worker’s services in a remote state are subject to that member
4724   state’s regulatory authority. A remote state may, in accordance with due process and that
4725   member state’s laws, remove a regulated social worker’s multistate authorization to practice in
4726   the remote state for a specific period of time, impose fines, and take any other necessary actions
4727   to protect the health and safety of its citizens.
4728  (g) If a multistate license is encumbered, the regulated social worker’s multistate
4729   authorization to practice shall be deactivated in all remote states until the multistate license is no
4730   longer encumbered.
4731  (h) If a multistate authorization to practice is encumbered in a remote state, the regulated
4732   social worker’s multistate authorization to practice may be deactivated in that state until the
4733   multistate authorization to practice is no longer encumbered.
4734  Section 5. (a) Upon receipt of an application for multistate license, the home state
4735   licensing authority shall determine the applicant’s eligibility for a multistate license in
4736   accordance with section 4 of this compact.
4737  (b) If such applicant is eligible pursuant to section 4 of this compact, the home state
4738   licensing authority shall issue a multistate license that authorizes the applicant or regulated social
4739   worker to practice in all member states under a multistate authorization to practice.
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4740  (c) Upon issuance of a multistate license, the home state licensing authority shall
4741   designate whether the regulated social worker holds a multistate license in the bachelors, masters
4742   or clinical category of social work.
4743  (d) A multistate license issued by a home state to a resident in that state shall be
4744   recognized by all compact member states as authorizing social work practice under a multistate
4745   authorization to practice corresponding to each category of licensure regulated in each member
4746   state.
4747  Section 6. (a) Nothing in this compact, nor any rule of the commission, shall be construed
4748   to limit, restrict or in any way reduce the ability of a member state to enact and enforce laws,
4749   regulations or other rules related to the practice of social work in that state, where those laws,
4750   regulations or other rules are not inconsistent with the provisions of this compact.
4751  (b) Nothing in this compact shall affect the requirements established by a member state
4752   for the issuance of a single state license.
4753  (c) Nothing in this compact, nor any rule of the commission, shall be construed to limit,
4754   restrict or in any way reduce the ability of a member state to take adverse action against a
4755   licensee’s single state license to practice social work in that state.
4756  (d) Nothing in this compact, nor any rule of the commission, shall be construed to limit,
4757   restrict or in any way reduce the ability of a remote state to take adverse action against a
4758   licensee’s multistate authorization to practice in that state.
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4759  (e) Nothing in this compact, nor any rule of the commission, shall be construed to limit,
4760   restrict or in any way reduce the ability of a licensee’s home state to take adverse action against a
4761   licensee’s multistate license based upon information provided by a remote state.
4762  Section 7. (a) A licensee can hold a multistate license, issued by their home state, in only
4763   1 member state at any given time.
4764  (b) If a licensee changes their home state by moving between 2 member states:
4765  (1) the licensee shall immediately apply for the reissuance of their multistate license in
4766   their new home state. The licensee shall pay all applicable fees and notify the prior home state in
4767   accordance with the rules of the commission.
4768  (2) upon receipt of an application to reissue a multistate license, the new home state shall
4769   verify that the multistate license is active, unencumbered and eligible for reissuance under the
4770   terms of the compact and the rules of the commission. The multistate license issued by the prior
4771   home state will be deactivated and all member states notified in accordance with the applicable
4772   rules adopted by the commission.
4773  (3) prior to the reissuance of the multistate license, the new home state shall conduct
4774   procedures for considering the criminal history records of the licensee. Such procedures shall
4775   include the submission of fingerprints or other biometric-based information by applicants for the
4776   purpose of obtaining an applicant’s criminal history record information from the Federal Bureau
4777   of Investigation and the agency responsible for retaining that state’s criminal records.
4778  (4) if required for initial licensure, the new home state may require completion of
4779   jurisprudence requirements in the new home state.
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4780  (5) notwithstanding any other provision of this compact, if a licensee does not meet the
4781   requirements set forth in this compact for the reissuance of a multistate license by the new home
4782   state, then the licensee shall be subject to the new home state requirements for the issuance of a
4783   single state license in that state.
4784  (c) If a licensee changes their primary state of residence by moving from a member state
4785   to a non-member state, or from a non-member state to a member state, then the licensee shall be
4786   subject to the state requirements for the issuance of a single state license in the new home state.
4787  (d) Nothing in this compact shall interfere with a licensee’s ability to hold a single state
4788   license in multiple states; provided, however, that for the purposes of this compact, a licensee
4789   shall have only 1 home state, and only 1 multistate license.
4790  (e) Nothing in this compact shall interfere with the requirements established by a member
4791   state for the issuance of a single state license.
4792  Section 8. (a) An active military member or their spouse shall designate a home state
4793   where the individual has a multistate license. The individual may retain their home state
4794   designation during the period the service member is on active duty.
4795  Section 9. (a) In addition to the other powers conferred by state law, a remote state shall
4796   have the authority, in accordance with existing state due process law, to:
4797  (1) take adverse action against a regulated social worker’s multistate authorization to
4798   practice only within that member state and issue subpoenas for both hearings and investigations
4799   that require the attendance and testimony of witnesses as well as the production of evidence.
4800   Subpoenas issued by a licensing authority in a member state for the attendance and testimony of
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4801   witnesses or the production of evidence from another member state shall be enforced in the latter
4802   state by any court of competent jurisdiction, according to the practice and procedure of that court
4803   applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority
4804   shall pay any witness fees, travel expenses, mileage and other fees required by the service
4805   statutes of the state in which the witnesses or evidence are located.
4806  (2) only the home state shall have the power to take adverse action against a regulated
4807   social worker’s multistate license.
4808  (b) For purposes of taking adverse action, the home state shall give the same priority and
4809   effect to reported conduct received from a member state as it would if the conduct had occurred
4810   within the home state. In so doing, the home state shall apply its own state laws to determine
4811   appropriate action.
4812  (c) The home state shall complete any pending investigations of a regulated social worker
4813   who changes their home state during the course of the investigations. The home state shall also
4814   have the authority to take appropriate action(s) and shall promptly report the conclusions of the
4815   investigations to the administrator of the data system. The administrator of the data system shall
4816   promptly notify the new home state of any adverse actions.
4817  (d) A member state, if otherwise permitted by state law, may recover from the affected
4818   regulated social worker the costs of investigations and dispositions of cases resulting from any
4819   adverse action taken against that regulated social worker.
4820  (e) A member state may take adverse action based on the factual findings of another
4821   member state; provided, that the member state follows its own procedures for taking the adverse
4822   action.
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4823  (f) (1) In addition to the authority granted to a member state by its respective social work
4824   practice act or other applicable state law, any member state may participate with other member
4825   states in joint investigations of licensees.
4826  (2) Member states shall share any investigative, litigation or compliance materials in
4827   furtherance of any joint or individual investigation initiated under the compact.
4828  (g) If adverse action is taken by the home state against the multistate license of a
4829   regulated social worker, the regulated social worker’s multistate authorization to practice in all
4830   other member states shall be deactivated until all encumbrances have been removed from the
4831   multistate license. All home state disciplinary orders that impose adverse action against the
4832   license of a regulated social worker shall include a statement that the regulated social worker’s
4833   multistate authorization to practice is deactivated in all member states until all conditions of the
4834   decision, order or agreement are satisfied.
4835  (h) If a member state takes adverse action, it shall promptly notify the administrator of
4836   the data system. The administrator of the data system shall promptly notify the home state and all
4837   other member states of any adverse actions by remote states.
4838  (i) Nothing in this compact shall override a member state’s decision that participation in
4839   an alternative program may be used in lieu of adverse action.
4840  (j) Nothing in this compact shall authorize a member state to demand the issuance of
4841   subpoenas for attendance and testimony of witnesses or the production of evidence from another
4842   member state for lawful actions within that member state.
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4843  (k) Nothing in this compact shall authorize a member state to impose discipline against a
4844   regulated social worker who holds a multistate authorization to practice for lawful actions within
4845   another member state.
4846  Section 10. (a) The compact member states hereby create and establish a joint
4847   government agency whose membership consists of all member states that have enacted the
4848   compact known as the social work licensure compact commission. The commission is an
4849   instrumentality of the compact states acting jointly and not an instrumentality of any one state.
4850   The commission shall come into existence on or after the effective date of the compact as set
4851   forth in section 14.
4852  (b) (1) Each member state shall have and be limited to 1 delegate selected by that
4853   member state’s state licensing authority.
4854  (2) The delegate shall be either:
4855  (i) a current member of the state licensing authority at the time of appointment, who is a
4856   regulated social worker or public member of the state licensing authority; or
4857  (ii) an administrator of the state licensing authority or their designee.
4858  (3) The commission shall by rule or bylaw establish a term of office for delegates and
4859   may by rule or bylaw establish term limits.
4860  (4) The commission may recommend removal or suspension of any delegate from office.
4861  (5) A member state’s state licensing authority shall fill any vacancy of its delegate
4862   occurring on the commission within 60 days of the vacancy.
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4863  (6) Each delegate shall be entitled to 1 vote on all matters before the commission
4864   requiring a vote by commission delegates.
4865  (7) A delegate shall vote in person or by such other means as provided in the bylaws. The
4866   bylaws may provide for delegates to meet by telecommunication, videoconference or other
4867   means of communication.
4868  (8) The commission shall meet at least once during each calendar year. Additional
4869   meetings may be held as set forth in the bylaws. The commission may meet by
4870   telecommunication, video conference or other similar electronic means.
4871  (c) The commission shall have the following powers:
4872  (1) establish the fiscal year of the commission;
4873  (2) establish code of conduct and conflict of interest policies;
4874  (3) establish and amend rules and bylaws;
4875  (4) maintain its financial records in accordance with the bylaws;
4876  (5) meet and take such actions as are consistent with the provisions of this compact, the
4877   commission’s rules and the bylaws;
4878  (6) initiate and conclude legal proceedings or actions in the name of the commission;
4879   provided, that the standing of any state licensing board to sue or be sued under applicable law
4880   shall not be affected;
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4881  (7) maintain and certify records and information provided to a member state as the
4882   authenticated business records of the commission and designate an agent to do so on the
4883   commission's behalf;
4884  (8) purchase and maintain insurance and bonds;
4885  (9) borrow, accept or contract for services of personnel, including, but not limited to,
4886   employees of a member state;
4887  (10) conduct an annual financial review;
4888  (11) hire employees, elect or appoint officers, fix compensation, define duties, grant such
4889   individuals appropriate authority to carry out the purposes of the compact and establish the
4890   commission’s personnel policies and programs relating to conflicts of interest, qualifications of
4891   personnel and other related personnel matters;
4892  (12) assess and collect fees;
4893  (13) accept any and all appropriate gifts, donations, grants of money, other sources of
4894   revenue, equipment, supplies, materials and services and receive, utilize and dispose of the same;
4895   provided that at all times the commission shall avoid any appearance of impropriety or conflict
4896   of interest;
4897  (14) lease, purchase, retain, own, hold, improve or use any property, real, personal or
4898   mixed, or any undivided interest therein;
4899  (15) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of
4900   any property real, personal, or mixed;
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4901  (16) establish a budget and make expenditures;
4902  (17) borrow money;
4903  (18) appoint committees, including standing committees, composed of members, state
4904   regulators, state legislators or their representatives, consumer representatives and such other
4905   interested persons as may be designated in this compact and the bylaws;
4906  (19) provide and receive information from, and cooperate with, law enforcement
4907   agencies;
4908  (20) establish and elect an executive committee, including a chair and a vice chair;
4909  (21) determine whether a state’s adopted language is materially different from the model
4910   compact language such that the state would not qualify for participation in the compact; and
4911  (22) perform such other functions as may be necessary or appropriate to achieve the
4912   purposes of this compact.
4913  (d)(1) The executive committee shall have the power to act on behalf of the commission
4914   according to the terms of this compact. The powers, duties and responsibilities of the executive
4915   committee shall include:
4916  (i) oversee the day-to-day activities of the administration of the compact including
4917   enforcement and compliance with the provisions of the compact, its rules and bylaws and other
4918   such duties as deemed necessary;
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4919  (ii) recommend to the commission changes to the rules or bylaws, changes to this
4920   compact legislation, fees charged to compact member states, fees charged to licensees and other
4921   fees;
4922  (iii) ensure compact administration services are appropriately provided, including by
4923   contract;
4924  (iv) prepare and recommend the budget;
4925  (v) maintain financial records on behalf of the commission;
4926  (vi) monitor compact compliance of member states and provide compliance reports to the
4927   commission;
4928  (vii) establish additional committees as necessary;
4929  (viii) exercise the powers and duties of the commission during the interim between
4930   commission meetings, except for adopting or amending rules, adopting or amending bylaws and
4931   exercising any other powers and duties expressly reserved to the commission by rule or bylaw;
4932   and
4933  (ix) other duties as provided in the rules or bylaws of the commission.
4934  (2) The executive committee shall be composed of up to 11 members:
4935  (i) the chair and vice chair of the commission shall be voting members of the executive
4936   committee; and
4937  (ii) the commission shall elect 5 voting members from the current membership of the
4938   commission.
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4939  (iii) up to 4 ex-officio, nonvoting members from 4 recognized national social work
4940   organizations.
4941  (iv) the ex-officio members will be selected by their respective organizations.
4942  (3) The commission may remove any member of the executive committee as provided in
4943   the commission’s bylaws.
4944  (4) The executive committee shall meet at least annually.
4945  (i) Executive committee meetings shall be open to the public, except that the executive
4946   committee may meet in a closed, nonpublic meeting as provided in paragraph (2) of subsection
4947   (f) below.
4948  (ii) The executive committee shall give 7 days’ notice of its meetings, posted on its
4949   website and as determined to provide notice to persons with an interest in the business of the
4950   commission.
4951  (iii) The executive committee may hold a special meeting in accordance with clause (ii)
4952   or paragraph (1) of subsection (f) below.
4953  (e) The commission shall adopt and provide to the member states an annual report.
4954  (f)(1) All meetings shall be open to the public, except that the commission may meet in a
4955   closed, non-public meeting as provided in paragraph (2) of subsection (f).
4956  (i) Public notice for all meetings of the full commission of meetings shall be given in the
4957   same manner as required under the rulemaking provisions in section 12, except that the
  231 of 337
4958   commission may hold a special meeting as provided in clause (ii) of paragraph (1) of subsection
4959   (f).
4960  (ii) The commission may hold a special meeting when it must meet to conduct emergency
4961   business by giving 48 hours’ notice to all commissioners, on the commission’s website, and
4962   other means as provided in the commission’s rules. The commission’s legal counsel shall certify
4963   that the commission’s need to meet qualifies as an emergency.
4964  (2) The commission or the executive committee or other committees of the commission
4965   may convene in a closed, non-public meeting for the commission or executive committee or
4966   other committees of the commission to receive legal advice or to discuss:
4967  (i) non-compliance of a member state with its obligations under the compact;
4968  (ii) the employment, compensation, discipline or other matters, practices or procedures
4969   related to specific employees;
4970  (iii) current or threatened discipline of a licensee by the commission or by a member
4971   state’s licensing authority;
4972  (iv) current, threatened, or reasonably anticipated litigation;
4973  (v) negotiation of contracts for the purchase, lease or sale of goods, services or real
4974   estate;
4975  (vi) accusing any person of a crime or formally censuring any person;
4976  (vii) trade secrets or commercial or financial information that is privileged or
4977   confidential;
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4978  (viii) information of a personal nature where disclosure would constitute a clearly
4979   unwarranted invasion of personal privacy;
4980  (ix) investigative records compiled for law enforcement purposes;
4981  (x) information related to any investigative reports prepared by or on behalf of or for use
4982   of the commission or other committee charged with responsibility of investigation or
4983   determination of compliance issues pursuant to the compact;
4984  (xi) matters specifically exempted from disclosure by federal or member state law; or
4985  (xii) other matters as promulgated by the commission by rule.
4986  (3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the
4987   meeting will be closed and reference each relevant exempting provision, and such reference shall
4988   be recorded in the minutes.
4989  (4) The commission shall keep minutes that fully and clearly describe all matters
4990   discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
4991   reasons therefore, including a description of the views expressed. All documents considered in
4992   connection with an action shall be identified in such minutes. All minutes and documents of a
4993   closed meeting shall remain under seal, subject to release only by a majority vote of the
4994   commission or order of a court of competent jurisdiction.
4995  (g)(1) The commission shall pay, or provide for the payment of, the reasonable expenses
4996   of its establishment, organization, and ongoing activities.
4997  (2) The commission may accept any and all appropriate revenue sources as provided in
4998   paragraph (13) of subsection (c).
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4999  (3) The commission may levy on and collect an annual assessment from each member
5000   state and impose fees on licensees of member states to whom it grants a multistate license to
5001   cover the cost of the operations and activities of the commission and its staff, which must be in a
5002   total amount sufficient to cover its annual budget as approved each year for which revenue is not
5003   provided by other sources. The aggregate annual assessment amount for member states shall be
5004   allocated based upon a formula that the commission shall promulgate by rule.
5005  (4) The commission shall not incur obligations of any kind prior to securing the funds
5006   adequate to meet the same; nor shall the commission pledge the credit of any of the member
5007   states, except by and with the authority of the member state.
5008  (5) The commission shall keep accurate accounts of all receipts and disbursements. The
5009   receipts and disbursements of the commission shall be subject to the financial review and
5010   accounting procedures established under its bylaws; provided, however, that all receipts and
5011   disbursements of funds handled by the commission shall be subject to an annual financial review
5012   by a certified or licensed public accountant, and the report of the financial review shall be
5013   included in and become part of the annual report of the commission.
5014  (h)(1) The members, officers, executive director, employees and representatives of the
5015   commission shall be immune from suit and liability, both personally and in their official
5016   capacity, for any claim for damage to or loss of property or personal injury or other civil liability
5017   caused by or arising out of any actual or alleged act, error or omission that occurred, or that the
5018   person against whom the claim is made had a reasonable basis for believing occurred within the
5019   scope of commission employment, duties or responsibilities; provided, however, that nothing in
5020   this paragraph shall be construed to protect any such person from suit or liability for any damage,
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5021   loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
5022   The procurement of insurance of any type by the commission shall not in any way compromise
5023   or limit the immunity granted hereunder.
5024  (2) The commission shall defend any member, officer, executive director, employee and
5025   representative of the commission in any civil action seeking to impose liability arising out of any
5026   actual or alleged act, error or omission that occurred within the scope of commission
5027   employment, duties or responsibilities, or as determined by the commission that the person
5028   against whom the claim is made had a reasonable basis for believing occurred within the scope
5029   of commission employment, duties, or responsibilities; provided, however, that nothing herein
5030   shall be construed to prohibit that person from retaining their own counsel at their own expense;
5031   and provided further, that the actual or alleged act, error or omission did not result from that
5032   person’s intentional or willful or wanton misconduct.
5033  (3) The commission shall indemnify and hold harmless any member, officer, executive
5034   director, employee and representative of the commission for the amount of any settlement or
5035   judgment obtained against that person arising out of any actual or alleged act, error or omission
5036   that occurred within the scope of commission employment, duties or responsibilities, or that such
5037   person had a reasonable basis for believing occurred within the scope of commission
5038   employment, duties or responsibilities, provided that the actual or alleged act, error or omission
5039   did not result from the intentional or willful or wanton misconduct of that person.
5040  (4) Nothing herein shall be construed as a limitation on the liability of any licensee for
5041   professional malpractice or misconduct, which shall be governed solely by any other applicable
5042   state laws.
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5043  (5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member
5044   state’s state action immunity or state action affirmative defense with respect to antitrust claims
5045   under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law
5046   or regulation.
5047  (6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by
5048   the member states or by the commission.
5049  Section 11. (a) The commission shall provide for the development, maintenance,
5050   operation and utilization of a coordinated data system.
5051  (b) The commission shall assign each applicant for a multistate license a unique
5052   identifier, as determined by the rules of the commission.
5053  (c) Notwithstanding any other provision of state law to the contrary, a member state shall
5054   submit a uniform data set to the data system on all individuals to whom this compact is
5055   applicable as required by the rules of the commission, including:
5056  (1) identifying information;
5057  (2) licensure data;
5058  (3) adverse actions against a license and information related thereto;
5059  (4) non-confidential information related to alternative program participation, the
5060   beginning and ending dates of such participation, and other information related to such
5061   participation not made confidential under member state law;
5062  (5) any denial of application for licensure and the reason(s) for such denial;
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5063  (6) the presence of current significant investigative information; and
5064  (7) other information that may facilitate the administration of this compact or the
5065   protection of the public, as determined by the rules of the commission.
5066  (d) The records and information provided to a member state pursuant to this compact or
5067   through the data system, when certified by the commission or an agent thereof, shall constitute
5068   the authenticated business records of the commission, and shall be entitled to any associated
5069   hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a
5070   member state.
5071  (e) Current significant investigative information pertaining to a licensee in any member
5072   state will only be available to other member states.
5073  (1) It is the responsibility of the member states to report any adverse action against a
5074   licensee and to monitor the database to determine whether adverse action has been taken against
5075   a licensee. Adverse action information pertaining to a licensee in any member state will be
5076   available to any other member state.
5077  (f) Member states contributing information to the data system may designate information
5078   that may not be shared with the public without the express permission of the contributing state.
5079  (g) Any information submitted to the data system that is subsequently expunged pursuant
5080   to federal law or the laws of the member state contributing the information shall be removed
5081   from the data system.
5082  Section 12. (a) The commission shall promulgate reasonable rules in order to effectively
5083   and efficiently implement and administer the purposes and provisions of the compact. A rule
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5084   shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the
5085   rule is invalid because the commission exercised its rulemaking authority in a manner that is
5086   beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon
5087   another applicable standard of review.
5088  (b) The rules of the commission shall have the force of law in each member state;
5089   provided, however that where the rules of the commission conflict with the laws of the member
5090   state that establish the member state’s laws, regulations and applicable standards that govern the
5091   practice of social work as held by a court of competent jurisdiction, the rules of the commission
5092   shall be ineffective in that state to the extent of the conflict.
5093  (c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth
5094   in this section and the rules adopted thereunder. Rules shall become binding on the day following
5095   adoption or the date specified in the rule or amendment, whichever is later.
5096  (d) If a majority of the legislatures of the member states rejects a rule or portion of a rule,
5097   by enactment of a statute or resolution in the same manner used to adopt the compact within 4
5098   years of the date of adoption of the rule, then such rule shall have no further force and effect in
5099   any member state.
5100  (e) Rules shall be adopted at a regular or special meeting of the commission.
5101  (f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and
5102   allow persons to provide oral and written comments, data, facts, opinions and arguments.
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5103  (g) Prior to adoption of a proposed rule by the commission, and at least 30 days in
5104   advance of the meeting at which the commission will hold a public hearing on the proposed rule,
5105   the commission shall provide a notice of proposed rulemaking:
5106  (1) on the website of the commission or other publicly accessible platform;
5107  (2) to persons who have requested notice of the commission’s notices of proposed
5108   rulemaking; and
5109  (3) in such other way(s) as the commission may by rule specify.
5110  (h) The notice of proposed rulemaking shall include:
5111  (1) the time, date and location of the public hearing at which the commission will hear
5112   public comments on the proposed rule and, if different, the time, date and location of the meeting
5113   where the commission will consider and vote on the proposed rule;
5114  (2) if the hearing is held via telecommunication, video conference or other electronic
5115   means, the commission shall include the mechanism for access to the hearing in the notice of
5116   proposed rulemaking;
5117  (3) the text of the proposed rule and the reason therefor;
5118  (4) a request for comments on the proposed rule from any interested person; and
5119  (5) the manner in which interested persons may submit written comments.
5120  (i) All hearings will be recorded. A copy of the recording and all written comments and
5121   documents received by the commission in response to the proposed rule shall be available to the
5122   public.
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5123  (j) Nothing in this section shall be construed as requiring a separate hearing on each rule.
5124   Rules may be grouped for the convenience of the commission at hearings required by this
5125   section.
5126  (k) The commission shall, by majority vote of all members, take final action on the
5127   proposed rule based on the rulemaking record and the full text of the rule.
5128  (1) The commission may adopt changes to the proposed rule provided the changes do not
5129   enlarge the original purpose of the proposed rule.
5130  (2) The commission shall provide an explanation of the reasons for substantive changes
5131   made to the proposed rule as well as reasons for substantive changes not made that were
5132   recommended by commenters.
5133  (3) The commission shall determine a reasonable effective date for the rule. Except for an
5134   emergency as provided in subsection (l), the effective date of the rule shall be no sooner than 30
5135   days after issuing the notice that it adopted or amended the rule.
5136  (l) Upon determination that an emergency exists, the commission may consider and adopt
5137   an emergency rule with 48 hours’ notice, with opportunity to comment, provided that the usual
5138   rulemaking procedures provided in the compact and in this section shall be retroactively applied
5139   to the rule as soon as reasonably possible, in no event later than 90 days after the effective date
5140   of the rule. For the purposes of this provision, an emergency rule is one that must be adopted
5141   immediately in order to:
5142  (1) meet an imminent threat to public health, safety, or welfare;
5143  (2) prevent a loss of commission or member state funds;
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5144  (3) meet a deadline for the promulgation of a rule that is established by federal law or
5145   rule; or
5146  (4) protect public health and safety.
5147  (m) The commission or an authorized committee of the commission may direct revisions
5148   to a previously adopted rule for purposes of correcting typographical errors, errors in format,
5149   errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the
5150   website of the commission. The revision shall be subject to challenge by any person for a period
5151   of 30 days after posting. The revision may be challenged only on grounds that the revision
5152   results in a material change to a rule. A challenge shall be made in writing and delivered to the
5153   commission prior to the end of the notice period. If no challenge is made, the revision will take
5154   effect without further action. If the revision is challenged, the revision may not take effect
5155   without the approval of the commission.
5156  (n) No member state’s rulemaking requirements shall apply under this compact.
5157  Section 13. (a)(1) The executive and judicial branches of state government in each
5158   member state shall enforce this compact and take all actions necessary and appropriate to
5159   implement the compact.
5160  (2) Except as otherwise provided in this compact, venue is proper and judicial
5161   proceedings by or against the commission shall be brought solely and exclusively in a court of
5162   competent jurisdiction where the principal office of the commission is located. The commission
5163   may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in
5164   alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or
  241 of 337
5165   propriety of venue in any action against a licensee for professional malpractice, misconduct or
5166   any such similar matter.
5167  (3) The commission shall be entitled to receive service of process in any proceeding
5168   regarding the enforcement or interpretation of the compact and shall have standing to intervene
5169   in such a proceeding for all purposes. Failure to provide the commission service of process shall
5170   render a judgment or order void as to the commission, this compact or promulgated rules.
5171  (b)(1) If the commission determines that a member state has defaulted in the performance
5172   of its obligations or responsibilities under this compact or the promulgated rules, the commission
5173   shall provide written notice to the defaulting state. The notice of default shall describe the
5174   default, the proposed means of curing the default, and any other action that the commission may
5175   take, and shall offer training and specific technical assistance regarding the default.
5176  (2) The commission shall provide a copy of the notice of default to the other member
5177   states.
5178  (c) If a state in default fails to cure the default, the defaulting state may be terminated
5179   from the compact upon an affirmative vote of a majority of the delegates of the member states,
5180   and all rights, privileges and benefits conferred on that state by this compact may be terminated
5181   on the effective date of termination. A cure of the default does not relieve the offending state of
5182   obligations or liabilities incurred during the period of default.
5183  (d) Termination of membership in the compact shall be imposed only after all other
5184   means of securing compliance have been exhausted. Notice of intent to suspend or terminate
5185   shall be given by the commission to the governor, the majority and minority leaders of the
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5186   defaulting state’s legislature, the defaulting state’s state licensing authority and each of the
5187   member states’ state licensing authority.
5188  (e) A state that has been terminated is responsible for all assessments, obligations and
5189   liabilities incurred through the effective date of termination, including obligations that extend
5190   beyond the effective date of termination.
5191  (f) Upon the termination of a state’s membership from this compact, that state shall
5192   immediately provide notice to all licensees within that state of such termination. The terminated
5193   state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 6
5194   months after the date of said notice of termination.
5195  (g) The commission shall not bear any costs related to a state that is found to be in default
5196   or that has been terminated from the compact, unless agreed upon in writing between the
5197   commission and the defaulting state.
5198  (h) The defaulting state may appeal the action of the commission by petitioning the
5199   United States District Court for the District of Columbia or the federal district where the
5200   commission has its principal offices. The prevailing party shall be awarded all costs of such
5201   litigation, including reasonable attorney’s fees.
5202  (i)(1) Upon request by a member state, the commission shall attempt to resolve disputes
5203   related to the compact that arise among member states and between member and non-member
5204   states.
5205  (2) The commission shall promulgate a rule providing for both mediation and binding
5206   dispute resolution for disputes as appropriate.
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5207  (j)(1) By majority vote as provided by rule, the commission may initiate legal action
5208   against a member state in default in the United States District Court for the District of Columbia
5209   or the federal district where the commission has its principal offices to enforce compliance with
5210   the provisions of the compact and its promulgated rules. The relief sought may include both
5211   injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party
5212   shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies
5213   herein shall not be the exclusive remedies of the commission. The commission may pursue any
5214   other remedies available under federal or the defaulting member state’s law.
5215  (2) A member state may initiate legal action against the commission in the United States
5216   District Court for the District of Columbia or the federal district where the commission has its
5217   principal offices to enforce compliance with the provisions of the compact and its promulgated
5218   rules. The relief sought may include both injunctive relief and damages. In the event judicial
5219   enforcement is necessary, the prevailing party shall be awarded all costs of such litigation,
5220   including reasonable attorney’s fees.
5221  (3) No person other than a member state shall enforce this compact against the
5222   commission.
5223  Section 14. (a) The compact shall come into effect on the date on which the compact
5224   statute is enacted into law in the seventh member state.
5225  (1) On or after the effective date of the compact, the commission shall convene and
5226   review the enactment of each of the first seven member states (“charter member states”) to
5227   determine if the statute enacted by each such charter member state is materially different than the
5228   model compact statute.
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5229  (i) A charter member state whose enactment is found to be materially different from the
5230   model compact statute shall be entitled to the default process set forth in section 13.
5231  (ii) If any member state is later found to be in default, or is terminated or withdraws from
5232   the compact, the commission shall remain in existence and the compact shall remain in effect
5233   even if the number of member states should be less than 7.
5234  (2) Member states enacting the compact subsequent to the 7 initial charter member states
5235   shall be subject to the process set forth in paragraph (21) of subsection (c) of section 10 to
5236   determine if their enactments are materially different from the model compact statute and
5237   whether they qualify for participation in the compact.
5238  (3) All actions taken for the benefit of the commission or in furtherance of the purposes
5239   of the administration of the compact prior to the effective date of the compact or the commission
5240   coming into existence shall be considered to be actions of the commission unless specifically
5241   repudiated by the commission.
5242  (4) Any state that joins the compact subsequent to the commission’s initial adoption of
5243   the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which
5244   the compact becomes law in that state. Any rule that has been previously adopted by the
5245   commission shall have the full force and effect of law on the day the compact becomes law in
5246   that state.
5247  (b) Any member state may withdraw from this compact by enacting a statute repealing
5248   the same.
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5249  (1) A member state’s withdrawal shall not take effect until 180 days after enactment of
5250   the repealing statute.
5251  (2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s
5252   licensing authority to comply with the investigative and adverse action reporting requirements of
5253   this compact prior to the effective date of withdrawal.
5254  (3) Upon the enactment of a statute withdrawing from this compact, a state shall
5255   immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding
5256   any subsequent statutory enactment to the contrary, such withdrawing state shall continue to
5257   recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date
5258   of such notice of withdrawal.
5259  (c) Nothing contained in this compact shall be construed to invalidate or prevent any
5260   licensure agreement or other cooperative arrangement between a member state and a non-
5261   member state that does not conflict with the provisions of this compact.
5262  (d) This compact may be amended by the member states. No amendment to this compact
5263   shall become effective and binding upon any member state until it is enacted into the laws of all
5264   member states.
5265  Section 15. (a) This compact and the commission’s rulemaking authority shall be
5266   liberally construed so as to effectuate the purposes, and the implementation and administration of
5267   the compact. Provisions of the compact expressly authorizing or requiring the promulgation of
5268   rules shall not be construed to limit the commission’s rulemaking authority solely for those
5269   purposes.
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5270  (b) The provisions of this compact shall be severable and if any phrase, clause, sentence
5271   or provision of this compact is held by a court of competent jurisdiction to be contrary to the
5272   constitution of any member state, a state seeking participation in the compact, or of the United
5273   States, or the applicability thereof to any government, agency, person or circumstance is held to
5274   be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this
5275   compact and the applicability thereof to any other government, agency, person or circumstance
5276   shall not be affected thereby.
5277  (c) Notwithstanding subsection (b) of this section, the commission may deny a state’s
5278   participation in the compact or, in accordance with the requirements of subsection (b) of section
5279   13, terminate a member state’s participation in the compact, if it determines that a constitutional
5280   requirement of a member state is a material departure from the compact. Otherwise, if this
5281   compact shall be held to be contrary to the constitution of any member state, the compact shall
5282   remain in full force and effect as to the remaining member states and in full force and effect as to
5283   the member state affected as to all severable matters.
5284  Section 16. (a) A licensee providing services in a remote state under a multistate
5285   authorization to practice shall adhere to the laws and regulations, including laws, regulations and
5286   applicable standards, of the remote state where the client is located at the time care is rendered.
5287  (b) Nothing herein shall prevent or inhibit the enforcement of any other law of a member
5288   state that is not inconsistent with the compact.
5289  (c) Any laws, statutes, regulations or other legal requirements in a member state in
5290   conflict with the compact are superseded to the extent of the conflict.
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5291  (d) All permissible agreements between the commission and the member states are
5292   binding in accordance with their terms.
5293  CHAPTER 112D.
5294  PHYSICAL THERAPY LICENSURE COMPACT
5295  Section 1. The purpose of this compact is to facilitate interstate practice of physical
5296   therapy with the goal of improving public access to physical therapy services. The practice of
5297   physical therapy occurs in the state where the client is located at the time of the client encounter.
5298   The compact preserves the regulatory authority of states to protect public health and safety
5299   through the current system of state licensure.
5300  This compact is designed to achieve the following objectives: (a) increase public access
5301   to physical therapy services by providing for the mutual recognition of other member state
5302   licenses; (b) enhance the states’ ability to protect the public’s health and safety; (c) encourage the
5303   cooperation of member states in regulating multi-state physical therapy practice; (d)
5304   support spouses of relocating military members; (e) enhance the exchange of licensure,
5305   investigative and disciplinary information between member states; and (f) allow a remote state to
5306   hold a provider of services with a compact privilege in that state accountable to that state’s
5307   practice standards.
5308  Section 2. As used in this chapter, the following words shall have the following meanings
5309   unless the context requires otherwise:
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5310  “Active-Duty Military”, full-time duty status in the active uniformed service of the
5311   United States, including members of the National Guard and Reserve on active duty orders
5312   pursuant to 10 U.S.C. Section 1209 and 1211.
5313  “Adverse Action”, disciplinary action taken by a physical therapy licensing board based
5314   upon misconduct, unacceptable performance or a combination of both.
5315  ”Alternative Program”, a non-disciplinary monitoring or practice remediation process
5316   approved by a physical therapy licensing board. This includes, but is not limited to, substance
5317   abuse issues.
5318  “Compact privilege”, the authorization granted by a remote state to allow a licensee from
5319   another member state to practice as a physical therapist or work as a physical therapist assistant
5320   in the remote state under its laws and rules. The practice of physical therapy occurs in the
5321   member state where the client is located at the time of the patient/client encounter.
5322  “Continuing competence”, a requirement, as a condition of license renewal, to provide
5323   evidence of participation in or completion of, educational and professional activities relevant to
5324   practice or area of work.
5325  “Data system”, a repository of information about licensees, including examination,
5326   licensure, investigative, compact privilege and adverse action.
5327  “Encumbered license”, a license that a physical therapy licensing board has limited in any
5328   way.
5329  “Executive Board”, a group of directors elected or appointed to act on behalf of, and
5330   within the powers granted to them by, the commission.
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5331  “Home state”, the member state that is the licensee’s primary state of residence.
5332  “Investigative information” information, records and documents received or generated by
5333   a physical therapy licensing board pursuant to an investigation.
5334  “Jurisprudence Requirement”, the assessment of an individual’s knowledge of the laws
5335   and rules governing the practice of physical therapy in a state.
5336  “Licensee”, an individual who currently holds an authorization from the state to practice
5337   as a physical therapist or to work as a physical therapist assistant.
5338  “Member state”, a state that has enacted the compact.
5339  “Party state”, any member state in which a licensee holds a current license or compact
5340   privilege or is applying for a license or compact privilege.
5341  “Physical therapist”, an individual who is licensed by a state to practice physical therapy.
5342  “Physical therapist assistant”, an individual who is licensed by a state and who assists the
5343   physical therapist in selected components of physical therapy.
5344  “Physical therapy”, the care and services provided by or under the direction and
5345   supervision of a licensed physical therapist.
5346  “Physical Therapy Compact Commission” or “Commission”, the national administrative
5347   body whose membership consists of all states that have enacted the compact.
5348  “Physical therapy licensing board” or “licensing board”, the agency of a state that is
5349   responsible for the licensing and regulation of physical therapists and physical therapist
5350   assistants.
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5351  “Remote State”, a member state other than the home state, where a licensee is exercising
5352   or seeking to exercise the compact privilege.
5353  “Rule”, a regulation, principle or directive promulgated by the commission that has the
5354   force of law.
5355  “State”, any state, commonwealth, district or territory of the United States that regulates
5356   the practice of physical therapy.
5357  Section 3. (a) To participate in the compact, a state must: (i) participate fully in the
5358   commission’s data system, including using the commission’s unique identifier as defined in
5359   rules; (ii) have a mechanism in place for receiving and investigating complaints about licensees;
5360   (iii) notify the commission, in compliance with the terms of the compact and rules, of any
5361   adverse action or the availability of investigative information regarding a licensee; (iv) fully
5362   implement a criminal background check requirement, within a time frame established by rule, by
5363   receiving the results of the Federal Bureau of Investigation record search on criminal background
5364   checks and use the results in making licensure decisions in accordance with section 3; (v)
5365   comply with the rules of the commission; (vi) utilize a recognized national examination as a
5366   requirement for licensure pursuant to the rules of the commission; and (vii) have continuing
5367   competence requirements as a condition for license renewal.
5368  (b) Upon adoption of this statute, the member state shall have the authority to obtain
5369   biometric-based information from each physical therapy licensure applicant and submit this
5370   information to the Federal Bureau of Investigation for a criminal background check in
5371   accordance with 28 U.S.C. §534 and 42 U.S.C. §14616.
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5372  (c) A member state shall grant the compact privilege to a licensee holding a valid
5373   unencumbered license in another member state in accordance with the terms of the compact and
5374   rules.
5375  (d) Member states may charge a fee for granting a compact privilege
5376  Section 4. (a) To exercise the compact privilege under the terms and provisions of
5377   the compact, the licensee shall: (i) hold a license in the home state; (ii) have no encumbrance on
5378   any state license; (iii) be eligible for a compact privilege in any member state in accordance with
5379   subsections (d), (g) and (h); (iv) not received any adverse action against any license or compact
5380   privilege within the previous 2 years; (v) notify the commission that the licensee is seeking the
5381   compact privilege within a remote state or states; (vi) pay any applicable fees, including any state
5382   fee, for the compact privilege; (vii) meet any jurisprudence requirements established by the
5383   remote state or states in which the licensee is seeking a compact privilege; and (viii) report to the
5384   commission adverse action taken by any non-member state within 30 days from the date the
5385   adverse action is taken.
5386  (b) The compact privilege is valid until the expiration date of the home state license. The
5387   licensee must comply with the requirements of this section to maintain the compact privilege in
5388   the remote state.
5389  (c) A licensee providing physical therapy in a remote state under the compact
5390   privilege shall function within the laws and regulations of the remote state.
5391  (d) A licensee providing physical therapy in a remote state is subject to that state’s
5392   regulatory authority. A remote state may, in accordance with due process and that state’s laws,
5393   remove a licensee’s compact privilege in the remote state for a specific period of time, impose
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5394   fines, or take any other necessary actions to protect the health and safety of its citizens. The
5395   licensee is not eligible for a compact privilege in any state until the specific time for removal has
5396   passed and all fines are paid.
5397  (e) If a home state license is encumbered, the licensee shall lose the compact privilege in
5398   any remote state until the following occur: (1) the home state license is no longer encumbered;
5399   and (2) 2 years have elapsed from the date of the adverse action.
5400  (f) Once an encumbered license in the home state is restored to good standing, the
5401   licensee must meet the requirements of subsection (a) to obtain a compact privilege in any
5402   remote state.
5403  (g) If a licensee’s compact privilege in any remote state is removed, the individual shall
5404   lose the compact privilege in any remote state until the following occur: (A) the specific period
5405   of time for which the compact privilege was removed has ended; (B) all fines have been paid;
5406   and (C) 2 years have elapsed from the date of the adverse action. Once the requirements of this
5407   paragraph have been met, the license must meet the requirements in subsection (a) to obtain a
5408   compact privilege in a remote state.
5409  Section 5. A licensee who is active-duty military or is the spouse of an individual who is
5410   active-duty military may designate one of the following as the home state: (a) home of record;
5411   (b) permanent change of station; or (c) state of current residence if it is different than the
5412   permanent change of station state or home of record.
5413  Section 6. (a) A home state: (i) shall have exclusive power to impose adverse action
5414   against a license issued by the home state; and (ii) may take adverse action based on the
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5415   investigative information of a remote state, so long as the home state follows its own procedures
5416   for imposing adverse action.
5417  (b) Nothing in this compact shall override a member state’s decision that
5418   participation in an alternative program may be used in lieu of adverse action and that such
5419   participation shall remain non-public if required by the member state’s laws. Member states must
5420   require licensees who enter any alternative programs in lieu of discipline to agree not to practice
5421   in any other member state during the term of the alternative program without prior authorization
5422   from such other member state.
5423  (c) Any member state may investigate actual or alleged violations of the statutes and rules
5424   authorizing the practice of physical therapy in any other member state in which a physical
5425   therapist or physical therapist assistant holds a license or compact privilege.
5426  (d) A remote state shall have the authority to: (A) take adverse actions as set forth in
5427   subsection (d) of section 4 against a licensee’s compact privilege in the state; (B) issue
5428   subpoenas for both hearings and investigations that require the attendance and testimony of
5429   witnesses and the production of evidence. Subpoenas issued by a physical therapy licensing
5430   board in a party state for the attendance and testimony of witnesses or the production of evidence
5431   from another party state, shall be enforced in the latter state by any court of competent
5432   jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued
5433   in proceedings pending before it. The issuing authority shall pay any witness fees, travel
5434   expenses, mileage and other fees required by the service statutes of the state where the witnesses
5435   or evidence are located; and (C) if otherwise permitted by state law, recover from the licensee
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5436   the costs of investigations and disposition of cases resulting from any adverse action taken
5437   against that licensee.
5438  (e) In addition to the authority granted to a member state by its respective physical
5439   therapy practice act or other applicable state law, a member state may participate with other
5440   member states in joint investigations of licensees. Member states shall share any investigative,
5441   litigation or compliance materials in furtherance of any joint or individual investigation initiated
5442   under the compact.
5443  Section 7. (a) The compact member states hereby create and establish a joint public
5444   agency known as the Physical Therapy Compact Commission. The Commission is an
5445   instrumentality of the compact states. Venue is proper and judicial proceedings by or against the
5446   Commission shall be brought solely and exclusively in a court of competent jurisdiction where
5447   the principal office of the Commission is located. The Commission may waive venue and
5448   jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute
5449   resolution proceedings. Nothing in this compact shall be construed to be a waiver of sovereign
5450   immunity.
5451  (b) Each member state shall have and be limited to 1 delegate selected by that member
5452   state’s licensing board. Such delegate shall be a current member of the licensing board, who is a
5453   physical therapist, physical therapist assistant, public member or the board administrator. A
5454   delegate may be removed or suspended from office as provided by the law of the state from
5455   which the delegate is appointed. Each delegate shall be entitled to 1 vote with regard to the
5456   promulgation of rules and creation of bylaws and shall otherwise have an opportunity to
5457   participate in the business and affairs of the commission and delegates shall vote in person or by
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5458   such other means as provided in the bylaws. The bylaws may provide for delegates’ participation
5459   in meetings by telephone or other means of communication.
5460  (c) The member state board shall fill any vacancy occurring in the commission.
5461  (d) The commission shall meet at least once during each calendar year. Additional
5462   meetings shall be held as set forth in the bylaws.
5463  (e) The commission shall have the following powers and duties: (i) establish the fiscal
5464   year of the commission; (ii) establish bylaws; (iii) maintain its financial records in accordance
5465   with the bylaws; (iv) meet and take such actions as are consistent with the provisions of this
5466   compact and the bylaws; (v) promulgate uniform rules to facilitate and coordinate
5467   implementation and administration of this compact. The rules shall have the force and effect of
5468   law and shall be binding in all member states; (vi) bring and prosecute legal proceedings or
5469   actions in the name of the commission; provided, that the standing of any state physical therapy
5470   licensing board to sue or be sued under applicable law shall not be affected; (vii) purchase and
5471   maintain insurance and bonds; (viii) borrow, accept or contract for services of personnel,
5472   including, but not limited to, employees of a member state; (ix) hire employees, elect or appoint
5473   officers, fix compensation, define duties, grant such individuals appropriate authority to carry out
5474   the purposes of the compact, and to establish the commission’s personnel policies and programs
5475   relating to conflicts of interest, qualifications of personnel and other related personnel matters;
5476   (x) accept all appropriate donations and grants of money, equipment, supplies, materials and
5477   services, and to receive, utilize and dispose of the same; provided, that at all times the
5478   commission shall avoid any appearance of impropriety or conflict of interest; (xi) lease,
5479   purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any
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5480   property, real, personal or mixed; provided, that at all times the commission shall avoid any
5481   appearance of impropriety; (xii) sell convey, mortgage, pledge, lease, exchange, abandon or
5482   otherwise dispose of any property real, personal or mixed; (xiii) establish a budget and make
5483   expenditures; (xiv) borrow money; (xv) appoint committees, including standing committees
5484   composed of members, state regulators, state legislators or their representatives, and consumer
5485   representatives, and such other interested persons as may be designated in this compact and the
5486   bylaws; (xvi) provide and receive information from, and cooperate with, law enforcement
5487   agencies; (xvii) establish and elect an executive board; and (xviii) perform such other functions
5488   as may be necessary or appropriate to achieve the purposes of this compact consistent with the
5489   state regulation of physical therapy licensure and practice.
5490  (f) The executive board shall have the power to act on behalf of the commission
5491   according to the terms of this compact. The Executive Board shall be composed of: (A) 7 voting
5492   members who are elected by the commission from the current membership of the commission;
5493   (B) 1 ex-officio, nonvoting member from the recognized national physical therapy professional
5494   association; and (C) 1 ex-officio, nonvoting member from the recognized membership
5495   organization of the physical therapy licensing boards. The ex-officio members will be selected by
5496   their respective organizations. The commission may remove any member of the Executive Board
5497   as provided in bylaws. The executive board shall meet at least annually.
5498  (g) The executive board shall have the following duties and responsibilities: (1)
5499   recommend to the entire commission changes to the rules or bylaws, changes to this compact
5500   legislation, fees paid by compact member states such as annual dues and any commission
5501   compact fee charged to licensees for the compact privilege; (2) ensure compact administration
5502   services are appropriately provided, contractual or otherwise; (3) prepare and recommend the
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5503   budget; (4) maintain financial records on behalf of the commission; (5) monitor compact
5504   compliance of member states and provide compliance reports to the commission; (6) establish
5505   additional committees as necessary; and (7) other duties as provided in rules or bylaws.
5506  (h) All meetings shall be open to the public and public notice of meetings shall be given
5507   in the same manner as required under the rulemaking provisions pursuant to section 9.
5508  (i) The commission or the executive board or other committees of the commission may
5509   convene in a closed, non-public meeting if the commission or executive board or other
5510   committees of the Commission must discuss: (i) non-compliance of a member state with its
5511   obligations under the compact; (ii) the employment, compensation, discipline or other matters,
5512   practices or procedures related to specific employees or other matters related to the
5513   commission’s internal personnel practices and procedures; (iii) current, threatened or reasonably
5514   anticipated litigation; (iv) negotiation of contracts for the purchase, lease or sale of goods,
5515   services or real estate; (v) accusing any person of a crime or formally censuring any person; (vi)
5516   disclosure of trade secrets or commercial or financial information that is privileged or
5517   confidential; (vii) disclosure of information of a personal nature where disclosure would
5518   constitute a clearly unwarranted invasion of personal privacy; (viii) disclosure of investigative
5519   records compiled for law enforcement purposes; (ix) disclosure of information related to any
5520   investigative reports prepared by or on behalf of or for use of the commission or other committee
5521   charged with responsibility of investigation or determination of compliance issues pursuant to
5522   the compact; or (x) matters specifically exempted from disclosure by federal or member state
5523   statute. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
5524   commission’s legal counsel or designee shall certify that the meeting may be closed and shall
5525   reference each relevant exempting provision. The commission shall keep minutes that fully and
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5526   clearly describe all matters discussed in a meeting and shall provide a full and accurate summary
5527   of actions taken, and the reasons therefore, including a description of the views expressed. All
5528   documents considered in connection with an action shall be identified in such minutes. All
5529   minutes and documents of a closed meeting shall remain under seal, subject to release by a
5530   majority vote of the commission or order of a court of competent jurisdiction.
5531  (j) The commission shall pay, or provide for the payment of, the reasonable expenses of
5532   its establishment, organization and ongoing activities.
5533  (k) The commission may accept any and all appropriate revenue sources, donations and
5534   grants of money, equipment, supplies, materials and services.
5535  (l) The commission may levy on and collect an annual assessment from each
5536   member state or impose fees on other parties to cover the cost of the operations and activities of
5537   the commission and its staff, which must be in a total amount sufficient to cover its annual
5538   budget as approved each year for which revenue is not provided by other sources. The aggregate
5539   annual assessment amount shall be allocated based upon a formula to be determined by the
5540   commission, which shall promulgate a rule binding upon all member states.
5541  (m) The commission shall not incur obligations of any kind prior to securing the funds
5542   adequate to meet the same nor shall the commission pledge the credit of any of the member
5543   states, except by and with the authority of the member state.
5544  (n) The Commission shall keep accurate accounts of all receipts and disbursements. The
5545   receipts and disbursements of the Commission shall be subject to the audit and accounting
5546   procedures established under its bylaws; provided, however, that all receipts and disbursements
5547   of funds handled by the commission shall be audited yearly by a certified or licensed public
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5548   accountant, and the report of the audit shall be included in and become part of the annual report
5549   of the commission.
5550  (o) The members, officers, executive director, employees and representatives of the
5551   commission shall be immune from suit and liability, either personally or in their official capacity,
5552   for any claim for damage to or loss of property or personal injury or other civil liability caused
5553   by or arising out of any actual or alleged act, error or omission that occurred, or that the person
5554   against whom the claim is made had a reasonable basis for believing occurred within the scope
5555   of commission employment, duties or responsibilities; provided, that nothing in this paragraph
5556   shall be construed to protect any such person from suit or liability for any damage, loss, injury or
5557   liability caused by the intentional or willful or wanton misconduct of that person.
5558  (p) The commission shall defend any member, officer, executive director, employee or
5559   representative of the commission in any civil action seeking to impose liability arising out of any
5560   actual or alleged act, error, or omission that occurred within the scope of commission
5561   employment, duties, or responsibilities or that the person against whom the claim is made had a
5562   reasonable basis for believing occurred within the scope of commission employment, duties or
5563   responsibilities; provided, that nothing herein shall be construed to prohibit that person from
5564   retaining his or her own counsel; and provided further, that the actual or alleged act, error or
5565   omission did not result from that person’s intentional or willful or wanton misconduct.
5566  (q) The commission shall indemnify and hold harmless any member, officer, executive
5567   director, employee or representative of the commission for the amount of any settlement or
5568   judgment obtained against that person arising out of any actual or alleged act, error or omission
5569   that occurred within the scope of commission employment, duties or responsibilities, or that such
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5570   person had a reasonable basis for believing occurred within the scope of commission
5571   employment, duties, or responsibilities; provided, that the actual or alleged act, error or omission
5572   did not result from the intentional or willful or wanton misconduct of that person.
5573  Section 8. (a) The Commission shall provide for the development, maintenance
5574   and utilization of a coordinated database and reporting system containing licensure, adverse
5575   action, and investigative information on all licensed individuals in member states.
5576  (b) Notwithstanding any other provision of state law to the contrary, a member state shall
5577   submit a uniform data set to the data system on all individuals to whom this compact is
5578   applicable as required by the rules of the commission, including: (i) identifying information; (ii)
5579   licensure data; (iii) adverse actions against a license or compact privilege; (iv) non-confidential
5580   information related to alternative program participation; (v) any denial of application for
5581   licensure, and the reason or reasons for such denial; and (vi) other information that may facilitate
5582   the administration of this compact, as determined by the rules of the commission.
5583  (c) Investigative information pertaining to a licensee in any member state will only be
5584   available to other party states.
5585  (d) The commission shall promptly notify all member states of any adverse action taken
5586   against a licensee or an individual applying for a license. Adverse action information pertaining
5587   to a licensee in any member state will be available to any other member state.
5588  (e) Member states contributing information to the data system may designate information
5589   that may not be shared with the public without the express permission of the contributing state.
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5590  (f) Any information submitted to the data system that is subsequently required to
5591   be expunged by the laws of the member state contributing the information shall be removed from
5592   the data system.
5593  Section 9. (a) The commission shall exercise its rulemaking powers pursuant to
5594   the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall
5595   become binding as of the date specified in each rule or amendment.
5596  (b) If a majority of the legislatures of the member states rejects a rule, by enactment of a
5597   statute or resolution in the same manner used to adopt the compact within 4 years of the date of
5598   adoption of the rule, then such rule shall have no further force and effect in any member state.
5599  (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of
5600   the commission.
5601  (d) Prior to promulgation and adoption of a final rule or rules by the commission, and at
5602   least 30 days in advance of the meeting at which the rule will be considered and voted upon, the
5603   commission shall file a notice of proposed rulemaking on the website of: (i) the commission or
5604   other publicly accessible platform; and (ii) each member state physical therapy licensing board
5605   or other publicly accessible platform or the publication in which each state would otherwise
5606   publish proposed rules.
5607  (e) The notice of proposed rulemaking shall include: (1) the proposed time, date
5608   and location of the meeting in which the rule will be considered and voted upon; (2) the text of
5609   the proposed rule or amendment and the reason for the proposed rule; (3) a request for comments
5610   on the proposed rule from any interested person; and (4) the manner in which interested persons
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5611   may submit notice to the commission of their intention to attend the public hearing and any
5612   written comments.
5613  (f) Prior to adoption of a proposed rule, the commission shall allow persons to submit
5614   written data, facts, opinions and arguments, which shall be made available to the public.
5615  (g) The commission shall grant an opportunity for a public hearing before it adopts a rule
5616   or amendment if a hearing is requested by: (A) at least 25 persons; (B) a state or federal
5617   governmental subdivision or agency; or (C) an association having at 25 members.
5618  (h) If a hearing is held on the proposed rule or amendment, the commission shall publish
5619   the place, time and date of the scheduled public hearing. If the hearing is held via electronic
5620   means, the commission shall publish the mechanism for access to the electronic hearing. All
5621   persons wishing to be heard at the hearing shall notify the executive director of the commission
5622   or other designated member in writing of their desire to appear and testify at the hearing not less
5623   than 5 business days before the scheduled date of the hearing. Hearings shall be conducted in a
5624   manner providing each person who wishes to comment a fair and reasonable opportunity to
5625   comment orally or in writing. All hearings shall be recorded. A copy of the recording will be
5626   made available on request. Nothing in this section shall be construed as requiring a separate
5627   hearing on each rule. Rules may be grouped for the convenience of the commission at hearings
5628   required by this section.
5629  (i) Following the scheduled hearing date, or by the close of business on the scheduled
5630   hearing date if the hearing was not held, the commission shall consider all written and oral
5631   comments received.
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5632  (j) If no written notice of intent to attend the public hearing by interested parties is
5633   received, the commission may proceed with promulgation of the proposed rule without a public
5634   hearing.
5635  (k) The commission shall, by majority vote of all members, take final action on the
5636   proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
5637   record and the full text of the rule.
5638  (l) Upon determination that an emergency exists, the commission may consider and adopt
5639   an emergency rule without prior notice, opportunity for comment or hearing; provided, that the
5640   usual rulemaking procedures provided in the compact and in this section shall be retroactively
5641   applied to the rule as soon as reasonably possible, in no event later than 90 days after the
5642   effective date of the rule. For the purposes of this provision, an emergency rule is one that must
5643   be adopted immediately in order to: (i) meet an imminent threat to public health, safety or
5644   welfare; (ii) prevent a loss of commission or member state funds; (iii) meet a deadline for the
5645   promulgation of an administrative rule that is established by federal law or rule; or (iv) protect
5646   public health and safety.
5647  (m) The commission or an authorized committee of the commission may direct
5648   revisions to a previously adopted rule or amendment for purposes of correcting typographical
5649   errors, errors in format, errors in consistency or grammatical errors. Public notice of any
5650   revisions shall be posted on the website of the commission. The revision shall be subject to
5651   challenge by any person for a period of 30 days after posting. The revision may be challenged
5652   only on grounds that the revision results in a material change to a rule. A challenge shall be made
5653   in writing and delivered to the chair of the commission prior to the end of the notice period. If no
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5654   challenge is made, the revision will take effect without further action. If the revision is
5655   challenged, the revision may not take effect without the approval of the commission.
5656  Section 10. (a) The executive, legislative and judicial branches of state government in
5657   each member state shall enforce this compact and take all actions necessary and appropriate to
5658   effectuate the compact’s purposes and intent. The provisions of this compact and the rules
5659   promulgated hereunder shall have standing as statutory law. All courts shall take judicial notice
5660   of the compact and the rules in any judicial or administrative proceeding in a member state
5661   pertaining to the subject matter of this compact which may affect the powers, responsibilities or
5662   actions of the commission. The commission shall be entitled to receive service of process in any
5663   such proceeding and shall have standing to intervene in such a proceeding for all purposes.
5664   Failure to provide service of process to the commission shall render a judgment or order void as
5665   to the commission, this compact or promulgated rules.
5666  (b)(1) If the commission determines that a member state has defaulted in the
5667   performance of its obligations or responsibilities under this compact or the promulgated rules,
5668   the commission shall: (i) provide written notice to the defaulting state and other member states of
5669   the nature of the default, the proposed means of curing the default or any other action to be taken
5670   by the commission; and (ii) provide remedial training and specific technical assistance regarding
5671   the default.
5672  (2) If a state in default fails to cure the default, the defaulting state may be
5673   terminated from the compact upon an affirmative vote of a majority of the member states, and all
5674   rights, privileges and benefits conferred by this compact may be terminated on the effective date
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5675   of termination. A cure of the default does not relieve the offending state of obligations or
5676   liabilities incurred during the period of default.
5677  (3) Termination of membership in the compact shall be imposed only after all other
5678   means of securing compliance have been exhausted. Notice of intent to suspend or terminate
5679   shall be given by the commission to the governor, the majority and minority leaders of the
5680   defaulting state’s legislature and each of the member states.
5681  (4) A state that has been terminated is responsible for all assessments, obligations, and
5682   liabilities incurred through the effective date of termination, including obligations that extend
5683   beyond the effective date of termination.
5684  (5) The commission shall not bear any costs related to a state that is found to be in default
5685   or that has been terminated from the compact, unless agreed upon in writing between the
5686   commission and the defaulting state.
5687  (6) The defaulting state may appeal the action of the commission by petitioning the U.S.
5688   District Court for the District of Columbia or the federal district where the Commission has its
5689   principal offices. The prevailing member shall be awarded all costs of such litigation, including
5690   reasonable attorney’s fees.
5691  (c) Upon request by a member state, the commission shall attempt to resolve disputes
5692   related to the compact that arise among member states and between member and non-member
5693   states. The commission shall promulgate a rule providing for both mediation and binding dispute
5694   resolution for disputes as appropriate.
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5695  (d) The commission, in the reasonable exercise of its discretion, shall enforce the
5696   provisions and rules of this compact.
5697  (e) By majority vote, the commission may initiate legal action in the United States
5698   District Court for the District of Columbia or the federal district where the commission has its
5699   principal offices against a member state in default to enforce compliance with the provisions of
5700   the compact and its promulgated rules and bylaws. The relief sought may include both injunctive
5701   relief and damages. In the event judicial enforcement is necessary, the prevailing member shall
5702   be awarded all costs of such litigation, including reasonable attorney’s fees.
5703  (f) The remedies herein shall not be the exclusive remedies of the commission.
5704   The commission may pursue any other remedies available under federal or state law.
5705  Section 11. (a) The compact shall come into effect on the date on which the compact
5706   statute is enacted into law in the 10th member state. The provisions, which become effective at
5707   that time, shall be limited to the powers granted to the commission relating to assembly and the
5708   promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers
5709   necessary to the implementation and administration of the compact.
5710  (b) Any state that joins the compact subsequent to the commission’s initial adoption of
5711   the rules shall be subject to the rules as they exist on the date on which the compact becomes law
5712   in that state. Any rule that has been previously adopted by the commission shall have the full
5713   force and effect of law on the day the compact becomes law in that state.
5714  (c) Any member state may withdraw from this compact by enacting a statute repealing
5715   the same. A member state’s withdrawal shall not take effect until 6 months after enactment of the
5716   repealing statute. Withdrawal shall not affect the continuing requirement of the withdrawing
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5717   state’s physical therapy licensing board to comply with the investigative and adverse action
5718   reporting requirements of this act prior to the effective date of withdrawal.
5719  (d) Nothing contained in this compact shall be construed to invalidate or prevent any
5720   physical therapy licensure agreement or other cooperative arrangement between a member state
5721   and a non-member state that does not conflict with the provisions of this compact.
5722  (e) This compact may be amended by the member states. No amendment to this
5723   compact shall become effective and binding upon any member state until it is enacted into the
5724   laws of all member states.
5725  Section 12. This compact shall be construed so as to effectuate the purposes thereof. The
5726   provisions of this compact shall be severable and if any phrase, clause, sentence or provision of
5727   this compact is declared to be contrary to the constitution of any party state or of the United
5728   States or the applicability thereof to any government, agency, person or circumstance is held
5729   invalid, the validity of the remainder of this compact and the applicability thereof to any
5730   government, agency, person or circumstance shall not be affected thereby. If this compact shall
5731   be held contrary to the constitution of any party state, the compact shall remain in full force and
5732   effect as to the remaining party states and in full force and effect as to the party state affected as
5733   to all severable matters.
5734
5735  SECTION 176. Section 52 of chapter 119 of the General Laws, as appearing in the 2024
5736   Official Edition, is hereby amended by striking out, in line 5,” the words “and 18 years of age”
5737   and inserting in place thereof the following words:- years of age and the age of criminal
5738   majority.
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5739  SECTION 177. Said section 52 of said chapter 119, as so appearing, is hereby further
5740   amended by striking out, in line 19, the figure “18” and inserting in place thereof the following
5741   words:- the age of criminal majority.
5742  SECTION 178. Section 54 of said chapter 119, as so appearing, is hereby amended by
5743   striking out, in line 2, the words “and 18 years of age” and inserting in place thereof the
5744   following words:- years of age and the age of criminal majority.
5745  SECTION 179. Said section 54 of said chapter 119, as so appearing, is hereby further
5746   amended by striking out, in line 21, the figure “18” and inserting in place thereof the following
5747   words:- the age of criminal majority.
5748  SECTION 180. Section 54B of said chapter 119, as so appearing, is hereby amended by
5749   striking out, in lines 2 and 24, the words “or 29D” and inserting in place thereof, in each
5750   instance, the following words:- “, 29D or 29E”.
5751  SECTION 181. Section 58 of said chapter 119, as so appearing, is hereby amended by
5752   striking out, in lines 8 to 12, inclusive, the words “may be imposed until such child reaches age
5753   eighteen or age nineteen in the case of a child whose case is disposed of after he has attained his
5754   eighteenth birthday or age 20 in the case of a child whose case is disposed of after he attains his
5755   nineteenth birthday” and inserting in place thereof the following words:- may, in the case of an
5756   offense that occurred prior to the child’s eighteenth birthday, be imposed until such child reaches
5757   age 18, or age 19 in the case of a child whose case is disposed of after the child has attained the
5758   child’s eighteenth, or age 20 in the case of a child whose case is disposed of after the child
5759   attains the child’s nineteenth birthday; provided, however, that in the case of an offense that
5760   occurred on or after the child’s eighteenth birthday, such probation may be imposed until such
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5761   child reaches age 19, or age 20 in the case of a child whose case is disposed of after the child has
5762   attained the child’s nineteenth birthday, or age 21 in the case of a child whose case is disposed of
5763   after the child attains the child’s twentieth`.
5764  SECTION 182. Said section 58 of said chapter 119, as so appearing, is hereby further
5765   amended by inserting after the word “eighteen”, in lines 26 and 27, the following words:- in a
5766   case where the offense occurred prior to the child’s eighteenth birthday.
5767  SECTION 183. The second paragraph of said section 58 of said chapter 119, as so
5768   appearing, is hereby amended by adding the following sentence:- In a case where the offense
5769   occurred on or after the child’s eighteenth birthday, the probationary or commitment period shall
5770   not be for a period longer than until such child attains the age of 19.
5771  SECTION 184. Said section 58 of said chapter 119, as so appearing, is hereby further
5772   amended by striking out, in lines 78 and 79, the words “the Massachusetts Correctional
5773   Institution, Cedar Junction, prior to his eighteenth birthday” and inserting in place thereof the
5774   following words:- any prison owned, operated, administered or subject to the control of the
5775   department of correction prior to the youthful offender’s nineteenth birthday.
5776  SECTION 185. Said section 58 of said chapter 119, as so appearing, is hereby further
5777   amended by striking out, in lines 97 to 99, inclusive, the words “his eighteenth birthday or his
5778   nineteenth birthday in the case of a child whose case is disposed of after he has attained his
5779   eighteenth” and inserting in place thereof the following words:- their nineteenth birthday or their
5780   twentieth birthday in the case of a child whose case is disposed of after they have attained their
5781   nineteenth.
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5782  SECTION 186. Section 60A of said chapter 119, as so appearing, is hereby amended by
5783   striking out, in line 17, the words “and eighteenth birthdays” and inserting in place thereof the
5784   following words:- birthday and the age of G.
5785  SECTION 187. Said section 60A of said chapter 119, as so appearing, is hereby further
5786   amended by striking out, in line 20, the words, “been age 18 or older” and inserting in place
5787   thereof the following words:- attained the age of criminal majority.
5788  SECTION 188. Said section 60A of said chapter 119, as so appearing, is hereby further
5789   amended by striking out, in line 22, the words “were age 18 or older” and inserting in place
5790   thereof the following words:- had attained the age of criminal majority.
5791  SECTION 189. Section 63A of said chapter 119, as so appearing, is hereby amended by
5792   striking out, in line 1, the words “is 19 years of age or older” and inserting in place thereof the
5793   following words:- has attained the age of criminal majority.
5794  SECTION 190. Said section 63A of said chapter 119, as so appearing, is hereby further
5795   amended by striking out, in line 2, the figure “18” and inserting in place thereof the following
5796   words:- criminal majority.
5797  SECTION 191. Section 65 of said chapter 119, as so appearing, is hereby amended by
5798   striking out, in line 2, the words “18 years of age” and inserting in place thereof the following
5799   words:- “the age of criminal majority”.
5800  SECTION 192. Section 66 of said chapter 119, as so appearing, is hereby amended by
5801   striking out, in lines 3 and 5, the words “18 years of age” and inserting in place thereof, in each
5802   instance, the following words:- the age of criminal majority.
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5803  SECTION 193. Section 67 of said chapter 119, as so appearing, is hereby amended by
5804   striking out in, in lines 1, 17 and 29, the words “and 18 years of age” and inserting in place
5805   thereof, in each instance, the following words:- years of age and the age of criminal majority.
5806  SECTION 194. Section 68 of said chapter 119, as so appearing, is hereby amended by
5807   striking out, in line 2, the figure “18” and inserting in place thereof the following words:-
5808   criminal majority.
5809  SECTION 195. Said section 68 of said chapter 119, as so appearing, is hereby further
5810   amended by striking out, in line 34, the words “ and 18 years of age” and inserting in place
5811   thereof the following words:- years of age and the age of criminal majority.
5812  SECTION 196. Section 68A of said chapter 119, as so appearing, is hereby amended by
5813   striking out, in line 1, the words “and 18 years of age” and inserting in place thereof the
5814   following words:- years of age and the age of criminal majority.
5815  SECTION 197. Section 70 of said chapter 119, as so appearing, is hereby amended by
5816   striking out, in line 2, the words “18 years of age” and inserting in place thereof the following
5817   words:- the age of criminal majority.
5818  SECTION 198. Section 72 of said chapter 119, as so appearing, is hereby amended by
5819   striking out, in line 2 and 3, the words “their eighteenth birthday” and inserting in place thereof
5820   the following words:- the age of criminal majority.
5821  SECTION 199. Said section 72 of said chapter 119, as so appearing, is hereby further
5822   amended by striking out, in line 9, the word “his twentieth” and inserting in place thereof the
5823   following words:- their twenty-first.
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5824  SECTION 200. Said section 72 of said chapter 119, as so appearing, is hereby further
5825   amended by striking out the second paragraph and inserting in place thereof the following
5826   paragraph:-
5827  If a child commits an offense prior to attaining the age of criminal majority and is not
5828   apprehended until between such child’s attainment of the age of criminal majority and the
5829   subsequent birthday, the court shall deal with such child in the same manner as if the child has
5830   not attained the age of criminal majority and all provisions and rights applicable to a child under
5831   the age of 18 shall apply to such child.
5832  SECTION 201. Said section 72 of said chapter 119, as so appearing, is hereby further
5833   amended by striking out, in line 18, the words “their eighteenth birthday” and inserting in place
5834   thereof the following words:- the age of criminal majority.
5835  SECTION 202. Section 72A of said chapter 119, as so appearing, is hereby amended by
5836   striking out, in line 2 and 3, the words “his eighteenth birthday, and is not apprehended until after
5837   his nineteenth “ and inserting in place thereof the following words:- attaining the age of criminal
5838   majority and is not apprehended until after their subsequent .
5839  SECTION 203. Section 72B of said chapter 119, as so appearing, is hereby amended by
5840   striking out, in lines 2 and 3, 7 and 8, and 31, the words “his eighteenth birthday” and inserting
5841   in place thereof, in each instance, the following words:- attaining the age of criminal majority.
5842  SECTION 204. Said section 72B of said chapter 119, as so appearing, is hereby further
5843   amended by striking out, in line 25, the words “his eighteenth birthday” and inserting in place
5844   thereof the following words:- the age of criminal majority.
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5845  SECTION 205. Section 74 of said chapter 119, as so appearing, is hereby amended by
5846   striking out, in lines 3 and 4, the words “his eighteenth birthday” and inserting in place thereof
5847   the following words:-attaining the age of criminal majority.
5848  SECTION 206. Said section 74 of said chapter 119, as so appearing, is hereby further
5849   amended by striking out, in line 10, the words “and 18 years of age” and inserting in place
5850   thereof the following words:- years of age and +the age of criminal majority.
5851  SECTION 207. Said section 74 of said chapter 119, as so appearing, is hereby further
5852   amended by striking out, in line 14, the figure “18” and inserting in place thereof the following
5853   words:- criminal majority.
5854  SECTION 208. Section 84 of said chapter 119, as so appearing, is hereby amended by
5855   striking out, in line 12 and 13, the words “eighteen (or nineteen) years of age” and inserting in
5856   place thereof the following words:- the age of criminal majority (or 1 year older).
5857  SECTION 209. Section 89 of said chapter 119, as so appearing, is hereby amended by
5858   striking out, in line 25, the figure “18” and inserting in place thereof the following words:-
5859   criminal majority.
5860  SECTION 210. Section 15 of chapter 120 of the General Laws, as so appearing, is hereby
5861   amended by striking out in lines 3 and 4, the figure “18” and inserting in place thereof, in each
5862   instance, the following words:- the age of criminal majority.
5863  SECTION 211. Section 21 of said chapter 120, as so appearing, is hereby amended by
5864   striking out, in lines 7, 9 and 10, the word “conviction” and inserting in place thereof, in each
5865   instance, the following word:- adjudication.
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5866  SECTION 212. Said section 21 of said chapter 120, as so appearing, is hereby further
5867   amended by striking out, in line 17, the words “and 18 years of age” and inserting in place
5868   thereof the following words:- years of age and the age of criminal majority.
5869  SECTION 213. Section 3 of chapter 121C of the General Laws, as so appearing, is
5870   hereby amended by striking out, in line 55, the word “MOBD” and inserting in place thereof the
5871   following words:- the secretary.
5872  SECTION 214. Section 4 of said chapter 121C, as so appearing, is hereby amended by
5873   striking out, in line 9, the words “, MOBD and to the director,” and inserting in place thereof the
5874   following words:- and secretary.
5875  SECTION 215. Section 5 of said chapter 121C, as so appearing, is hereby amended by
5876   striking out, in line 21, the words “MOBD and” and inserting in place thereof the following
5877   word:- the.
5878  SECTION 216. Said section 5 of said chapter 121C, as so appearing, is hereby further
5879   amended by striking out, in lines 67 and 68, the words “MOBD and the director” and inserting in
5880   place thereof the following words:- the secretary.
5881  SECTION 217. Said section 5 of said chapter 121C, as so appearing, is hereby further
5882   amended by striking out, in lines 81 and 82, the words “MOBD and director” and inserting in
5883   place thereof the following words:- the secretary.
5884  SECTION 218. Section 6 of said chapter 121C, as so appearing, is hereby amended by
5885   striking out, in line 28, the words “MOBD and director” and inserting in place thereof the
5886   following words:- the secretary.
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5887  SECTION 219. Said section 6 of said chapter 121C, as so appearing, is hereby further
5888   amended by striking out, in lines 44 and 45, the words “department of housing and community
5889   development” and inserting in place thereof the following words:- secretary.
5890  SECTION 220. Section 10 of said chapter 121C, as so appearing, is hereby amended by
5891   striking out, in line 5, the words “MOBD and the director” and inserting in place thereof the
5892   following words:- the secretary.
5893  SECTION 221. Section 12 of chapter 138 of the General Laws, as so appearing, is hereby
5894   amended by striking out, in lines 119 to 121, inclusive, the words “and irrespective of any
5895   limitation of number of licenses contained in section seventeen”.
5896  SECTION 222. Said section 12 of said chapter 138, as so appearing, is hereby further
5897   amended by adding the following 3 paragraphs:-
5898  All new licenses issued under this section in response to an application filed on or after
5899   January 1, 2027, pursuant to the municipal plan as required by section 17, shall be
5900   nontransferable and no licensing authority shall approve the transfer of such license.
5901  If a license issued pursuant to this section is cancelled, revoked or no longer in use by the
5902   license holder, the license shall be returned physically, with all of the legal rights, privileges and
5903   restrictions pertaining thereto, to the licensing authority.
5904  If a license holder closes or terminates the license holder’s business or sells or transfers
5905   the license holder’s business, the license holder shall return the license physically, with all of the
5906   legal rights, privileges and restrictions pertaining thereto, to the licensing authority.
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5907  SECTION 223. Said chapter 138 is hereby further amended by inserting after section
5908   12D the following new section:
5909  Section 12E. (a) Notwithstanding section 12 or any other general or special law to the
5910   contrary, the holder of a restricted airport license as defined in section 17 may, subject to the
5911   approval of the Massachusetts Port Authority, sell alcoholic beverages to be drunk on the
5912   premises at any time that the airport is open for operations.
5913  (b) Notwithstanding any general or special law to the contrary, the Massachusetts Port
5914   Authority may designate 1 or more areas within a passenger terminal, as defined in section 17, in
5915   which alcoholic beverages sold by a licensee may be consumed off the licensed premises;
5916   provided, however, that the Massachusetts Port Authority shall immediately notify the
5917   commission of any area so designated. A licensee operating within the approved area may,
5918   subject to the approval of the Massachusetts Port Authority, sell alcoholic beverages for
5919   consumption off the licensed premises; provided, however, that alcoholic beverages sold
5920   pursuant to this subsection shall not be carried or consumed outside of the designated area.
5921  (c) This section shall not be construed to permit a licensed establishment to sell any type
5922   or category of alcohol beyond the type or category of alcohol that the licensed establishment is
5923   permitted to sell under the license issued to it by the local licensing authority pursuant to this
5924   chapter.
5925  SECTION 224. The first paragraph of section 14 of said chapter 138, as appearing in the
5926   2024 Official Edition, is hereby amended by striking out the first sentence and inserting in place
5927   thereof the following sentence:- Special licenses for the sale of all alcoholic beverages or wine
5928   and malt beverages only may be issued, as determined by the municipality, by the local licensing
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5929   authorities to the responsible manager of any indoor or outdoor activity or enterprise or to the
5930   responsible manager of any nonprofit organization conducting any indoor or outdoor activity or
5931   enterprise.
5932  SECTION 225. Section 16A of said chapter 138, as so appearing, is hereby amended by
5933   striking out, in line 12, the word “so” and inserting in place thereof the following words:- as
5934   determined by a municipality to be.
5935  SECTION 226. Said section 16A of said chapter 138, as so appearing, is hereby further
5936   amended by striking out, in lines 15 and 16, the words “, to the extent that the same are issuable
5937   under section seventeen”.
5938  SECTION 227. Said section 16A of said chapter 138, as so appearing, is hereby further
5939   amended by striking out, in line 19, the words “for the purposes of section seventeen”.
5940  SECTION 228. Section 17 of said chapter 138, as so appearing, is hereby amended by
5941   striking out the first 8 paragraphs and inserting in place thereof the following 3 paragraphs:-
5942  A city or town shall determine the number of all alcoholic beverage or wines and malt
5943   beverage licenses to be issued by its local licensing authority under sections 12, 14 and 15F,
5944   including the number of seasonal licenses; provided, however, that for licenses issued under
5945   section 15, cities and towns may grant 1 such license for each population unit of 5,000 or any
5946   additional fraction thereof but may, regardless of population, grant at least 2 licenses under said
5947   section 15; provided further, that nothing in this section shall limit the city of Boston from
5948   granting at least 250 licenses for the sale of all alcoholic beverages under said section 15.
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5949  A city or town shall adopt and may amend a plan that is approved by the mayor and city
5950   council or select board, which shall determine the process for granting additional licenses;
5951   provided, however, that prior to adopting or amending the plan: (i) at least 1 public hearing
5952   regarding the plan shall be conducted by the city council, select board or legislative body of the
5953   city or town; and (ii) the city or town shall notify the alcoholic beverages control commission of
5954   the public hearing.
5955  The mayor and city council or select board of a city or town shall hold a public hearing
5956   regarding a license application within 30 days of the date the application is filed.
5957  SECTION 229. Sections 17A to 17C, inclusive, of said chapter 138 are hereby repealed.
5958  SECTION 230. Section 29 of said chapter 138, as appearing in the 2024 Official Edition,
5959   is hereby amended by striking out, in lines 22 to 24, inclusive, the words “; but a license issued
5960   to a registered pharmacist under said section shall be included in computing the number of
5961   licenses that may be granted in any city or town as provided in section seventeen”.
5962  SECTION 231. Said chapter 138 is hereby further amended by inserting after section 33B
5963   the following 3 sections:-
5964  Section 33C. In a city or town that accepts this section in the manner provided in section
5965   4 of chapter 4, an establishment holding a license to sell alcohol to be drunk on the premises
5966   shall be permitted to sell alcoholic beverages or alcohol at a discounted price, in a manner as
5967   approved by the city or town.
5968  Section 33D. In a city or town that accepts this section in the manner provided in section
5969   4 of chapter 4, a common victualler duly licensed under chapter 140 or any person duly licensed
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5970   under section 12, section 19, section 19C or section 19D to sell all alcoholic beverages or only
5971   wines and malt beverages may discount any alcoholic beverages during a specified time period
5972   subject to ordinance, by-law, or other limitations of the city and town and; provided, however,
5973   that: (i) the prices of alcoholic beverages shall not be changed during the time period during
5974   which they are discounted; (ii) alcoholic beverages shall not be discounted between the hours of
5975   10 p.m. and the licensed establishment’s closing hour; and (iii) notice of the discount of the
5976   alcoholic beverages during the time period specified shall be posted on the licensed premises and
5977   on the licensee’s publicly available website not less than 3 days prior to the specified time.
5978   Authorized persons may advertise events permitted under this statute consistent with local
5979   approval.
5980  Section 33E. (a) For the purposes of this section, “licensed establishment” shall mean an
5981   establishment holding a license for the sale of alcoholic beverages, whether all alcoholic
5982   beverages or wines and malt beverages only, to be drunk on the premises pursuant to this
5983   chapter.
5984  (b) In a city or town that accepts this section in the manner provided in section 4 of
5985   chapter 4, a local licensing authority may designate areas in that city or town in which alcoholic
5986   beverages are permitted to be consumed in public spaces, subject to such restrictions as the city
5987   or town may deem appropriate; provided, however, that the local licensing authority shall
5988   immediately notify the commission about any areas designated for public consumption of
5989   alcoholic beverages after so designating. Alcohol consumed within a designated district shall be
5990   limited to alcoholic beverages sold by participating licensed establishments located within the
5991   designated district.
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5992  (c) A local licensing authority in a city or town may allow a licensed establishment to sell
5993   alcoholic beverages for off-premises consumption in districts designated pursuant to this section.
5994   Only licensed establishments located within a district designated pursuant to this section may sell
5995   alcoholic beverages to be consumed off premises within the district.
5996  (d) This section shall not be construed to permit a licensed establishment to sell any type
5997   or category of alcohol beyond the type or category of alcohol that the licensed establishment is
5998   permitted to sell under the license issued to it by the local licensing authority pursuant to this
5999   chapter.
6000  SECTION 232. Section 185A of chapter 140 of the General Laws, as appearing in the
6001   2024 Official Edition, is hereby amended by striking out subsection (a) and inserting in place
6002   thereof the following 2 subsections:-
6003  (a) For the purposes of this section and sections 185B to 185G, inclusive, the following
6004   term shall have the following meaning unless the context clearly requires otherwise:-
6005  “Live event”, a musical performance, sporting event, theatrical production, comedy show
6006   or other entertainment event performed in person to an in-person audience in an arena, concert
6007   venue or other fixed location including, but not limited to, an event licensed under sections 181
6008   and 182 or chapter 128A; provided, however, that “live event” shall not include: (i) a musical
6009   performance, sporting event, theatrical production, comedy show or other entertainment event
6010   performed in an arena, concert venue or other fixed location with a capacity of not more than
6011   1,000 attendees; (ii) the broadcast or transmission of such an entertainment event attended
6012   exclusively via television, internet or other remote means; or (iii) in-person attendance at an
6013   entertainment event that consists of entertainment, whether live or recorded, that is observed by
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6014   an audience solely via broadcast or transmission or by the playing of a recording, including, but
6015   not limited to, a showing of a film in a movie theater.
6016  (a1/2) No person shall engage in the business of selling tickets or the business of reselling
6017   or facilitating a mechanism for 2 or more parties to participate in the resale of any ticket of
6018   admission to a live event, whether such business is conducted on or off the premises on which
6019   such ticket is to be used, without being licensed by the commissioner of occupational licensure.
6020  SECTION 233. Said section 185A of said chapter 140, as so appearing, is hereby further
6021   amended by striking out, in line 12, the words “until the first day of January next after its date”
6022   and inserting in place thereof the following words:- for 2 years following its date of issuance.
6023  SECTION 234. Subsection (b) of said section 185A of said chapter 140, as so appearing,
6024   is hereby amended by striking out the fourth sentence and inserting in place thereof the following
6025   sentence:- The sale of a ticket, entitling the holder of said ticket to admission to any such live
6026   event upon payment either of nothing or a sum less than that demanded of the public generally
6027   shall be deemed to be a resale pursuant to subsection (a½).
6028  SECTION 235. Section 185B of said chapter 140, as so appearing, is hereby amended by
6029   striking out subsection (a) and inserting in place thereof the following subsection:-
6030  (a) The fee for each license granted under section 185A and for each renewal thereof
6031   shall be determined by the secretary of administration and finance under section 3B of chapter 7
6032   for the filing thereof.
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6033  SECTION 236. Section 185D of said chapter 140, as so appearing, is hereby amended by
6034   striking out, in lines 3 and 4, the words “theatrical exhibition, public show or public amusement
6035   or exhibition” and inserting in place thereof the following words:- live event.
6036  SECTION 237. Said section 185D of said chapter 140, as so appearing, is hereby further
6037   amended by striking out, in lines 10 to 12, inclusive, the words “theatrical exhibition, public
6038   show or public amusement or exhibition of any description” and inserting in place thereof the
6039   following words:- live event.
6040  SECTION 238. Said section 185D of said chapter 140, as so appearing, is hereby further
6041   amended by inserting after the word “stated”, in line 27, the following words:- as a per cent and.
6042  SECTION 239. Said chapter 140 is hereby further amended by striking out section 185G,
6043   as so appearing, and inserting in place thereof the following section:-
6044  Section 185G. (a) Section 182A shall not apply to tickets or other evidences of entry to
6045   theatrical exhibitions, public shows or public amusements or exhibitions, all the proceeds of the
6046   sale or resale of which inure exclusively to the benefit of religious, educational or charitable
6047   institutions, societies or organizations or civic leagues or organizations not organized for profit
6048   but operated exclusively for the promotion of social welfare or to associations of veterans of any
6049   wars of the United States, or to tickets or other evidences of entry to agricultural fairs, none of
6050   the profits of the sale or resale of which are distributed to stockholders or members of the
6051   association conducting the same.
6052  (b) Sections 185A to 185F, inclusive, shall not apply to tickets to live events, all the
6053   proceeds of the sale or resale of which inure exclusively to the benefit of religious, educational
6054   or charitable institutions, societies or organizations or civic leagues or organizations not
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6055   organized for profit but operated exclusively for the promotion of social welfare or to
6056   associations of veterans of any wars of the United States, or to tickets to agricultural fairs, none
6057   of the profits of the sale or resale of which are distributed to stockholders or members of the
6058   association conducting the same.
6059  SECTION 240. Said chapter 140 is hereby further amended by adding the following
6060   section:-
6061  Section 207. (a) For purposes of this section, the following words shall have the
6062   following meanings unless the context clearly requires otherwise:
6063  “Entertainer”, an individual, group or entity that performs at a live event.
6064  “Live event”, a musical performance, sporting event, theatrical production, comedy show
6065   or other entertainment event performed in person to an in-person audience in an arena, concert
6066   venue, festival or other location where a performance takes place, including, but not limited to,
6067   an event licensed under sections 181 and 182 or chapter 140; provided, however, that “live
6068   event” shall not include: (i) the broadcast or transmission of such an entertainment event
6069   attended exclusively via television, internet or other remote means; or (ii) in-person attendance at
6070   an entertainment event that consists of entertainment, whether live or recorded, that is observed
6071   by an audience solely via broadcast or transmission or by the playing of a recording, including,
6072   but not limited to, a showing of a film in a movie theater.
6073  “Original ticket price”, the price at which a ticket is first sold to the public as disclosed
6074   pursuant to section 185D, inclusive of a service charge, fee or surcharge but excluding taxes.
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6075  “Speculative ticket”, a ticket to a live event that is not in the actual or constructive
6076   possession of a ticket business at the time of listing, sale or advertisement, including, but not
6077   limited to, tickets not owned by the ticket business or under contract to be transferred to the
6078   ticket business at the time of sale.
6079  “Ticket business”, a person or entity engaged in advertising, selling, reselling or
6080   facilitating a mechanism for parties to participate in the sale or resale of any ticket to a live
6081   event.
6082  (b) A ticket business shall not sell or resell, offer for sale or resale or market or advertise
6083   for sale or resale a speculative ticket. This subsection shall not be construed to limit the sale of
6084   tickets for contingent future events, such as playoff games or upgrade opportunities offered
6085   directly to buyers on the primary market by venues or teams.
6086  (c) A ticket business shall not resell, offer to resell or market or advertise the resale of
6087   any ticket for a price, exclusive of a service charge, fee or surcharge, greater than 110 per cent of
6088   the original ticket price; provided, however, that this subsection shall not apply to: (i) tickets for
6089   sporting events; or (ii) tickets sold under a written contract with explicit permission from the
6090   entertainer and venue allowing for the resale of tickets at a price, exclusive of a service charge,
6091   fee or surcharge, greater than 110 per cent of the original ticket price. Whenever applicable
6092   under this subsection, a ticket business shall disclose to consumers that the resale price of the
6093   ticket is limited to 110 per cent of the original ticket price.
6094  (d) A ticket business shall neither state nor imply that its exchange, website or reselling
6095   platform is affiliated with or endorsed by a venue, team or entertainer, including by using swords
6096   including, but not limited to, “official” in promotional materials, social media promotions, search
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6097   engine optimization, paid advertising or website addresses, unless the ticket business has the
6098   express written consent of the venue, team or entertainer.
6099  (e) If a ticket business provides or makes available information about the number or
6100   percentage of available tickets for a live event, such information shall not be presented in a
6101   manner that is false or misleading as to the availability of tickets for sale by the ticket business or
6102   on the platforms of other ticket businesses.
6103  (f) The office of consumer affairs and business regulation, in consultation with the
6104   commissioner of occupational licensure, shall promulgate regulations to implement this section.
6105  (g) A violation of this section shall constitute an unfair or deceptive act or practice under
6106   section 2 of chapter 93A.
6107  SECTION 241. Section 100 of chapter 143 of the General Laws, as appearing in the 2024
6108   Official Edition, is hereby amended by striking out, in lines 9 and 10, the words “other than the
6109   specialized stretch energy code” and inserting in place thereof the following words:- other than
6110   the current and future specialized stretch energy codes.
6111  SECTION 242. Section 52E of chapter 149 of the General Laws, as so appearing, is
6112   hereby amended by inserting after the definition of “Abusive behavior” the following 2
6113   definitions:-
6114  “Client employer”, a business entity that obtains or is provided workers to perform labor
6115   or services within its usual course of business from a third party, including, but not limited to, a
6116   staffing agency as defined in section 159C.
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6117  “Contract worker”, an individual who performs labor or services for a client employer but
6118   is not considered an employee under section 148B, including individuals who are contracted for
6119   work by client employers.
6120  SECTION 243. Said section 52E of said chapter 149, as so appearing, is hereby further
6121   amended by striking out, in line 36, the words “shall permit an employee” and inserting in place
6122   thereof the following words:- or a client employer shall permit an employee or a contract
6123   worker.
6124  SECTION 244. Said chapter 149 is hereby further amended by inserting after section 29C
6125   the following section:-
6126  Section 29C1/2. (a) As used in this section, the following words shall have the following
6127   meanings unless the context clearly requires otherwise:
6128  “Service provider”, a person providing services under a snow removal and ice control
6129   services contract.
6130  “Service receiver”, a person receiving services under a snow removal and ice control
6131   services contract.
6132  “Snow removal and ice control services contract”, a contract or agreement for the
6133   performance of: (i) plowing, shoveling or other removal of snow or other mixed precipitation
6134   from a surface; (ii) de-icing services; or (iii) a service incidental to an activity described in
6135   clauses (i) or (ii), including operating or otherwise moving snow removal or de-icing equipment
6136   or materials.
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6137  (b) A provision in or in connection with a snow removal and ice control services contract
6138   shall be void and against public policy if it requires, or has the effect of requiring: (i) a service
6139   provider to indemnify or hold harmless a service receiver from tort liability for damages
6140   resulting from the negligent acts or omissions of the service receiver or the service receiver's
6141   agents or employees; or (ii) a service receiver to indemnify or hold harmless a service provider
6142   from tort liability for damages resulting from the negligent acts or omissions of the service
6143   provider or the service provider's agents or employees.
6144  SECTION 245. Section 2 of chapter 150A of the General Laws, as appearing in the 2024
6145   Official Edition, is hereby amended by striking out subsections (2) and (3) and inserting in place
6146   thereof the following 2 subsections:-
6147  (2) The word ''employer'' shall include a person having at least 1 employee in their
6148   service or otherwise acting as or in the interest of an employer, directly or indirectly, and shall
6149   include, but not be limited to, a health care facility, a nonprofit institution or a vendor who
6150   contracts with or receives funds from the commonwealth or its political subdivisions, or both, to
6151   provide social, protective, legal, medical, custodial, rehabilitative, respite, nutritional,
6152   employment, educational, training and other similar services to the commonwealth or its political
6153   subdivisions; provided, however, that “employer” shall not include the commonwealth or a
6154   political subdivision thereof, except in the case of a health care facility; and provided further,
6155   that no person shall by a special contract with an employee or by any other means exempt
6156   themselves from this chapter.
6157  (3) Except as otherwise provided in section 3A, the word ''employee'' shall include any
6158   employee and not be limited to the employees of a particular employer, unless this chapter
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6159   explicitly states otherwise, and shall include any individual whose work has ceased as a
6160   consequence of, or in connection with, any current labor dispute or because of any unfair labor
6161   practice, and who has not obtained any other regular and substantially equivalent employment;
6162   provided, however, that “employee” shall include, but not be limited to, an employee of a health
6163   care facility or nonprofit institution, except members of religious orders, or an employee of
6164   vendors who contract with or receive funds from the commonwealth or its political subdivisions
6165   to provide social, protective, legal, medical, custodial, rehabilitative, respite, nutritional,
6166   employment, educational, training and other similar services to the commonwealth or its political
6167   subdivisions; and provided further, that “employee” shall not include an individual employed as
6168   an agricultural worker, except as provided in section 5A, in the domestic service of a family or
6169   person at their home or by their parent or spouse.
6170  SECTION 246. Said section 2 of said chapter 150A, as so appearing, is hereby further
6171   amended by striking out subsection (8) and inserting in place thereof the following 2
6172   subsections:-
6173  (8) The word ''department'' shall mean the department of labor relations established in
6174   section 9O of chapter 23.
6175  (8 1/2) The word “board” shall mean the commonwealth employment relations board
6176   established in section 9R of said chapter 23.
6177  SECTION 247. Section 3 of said chapter 150A, as so appearing, is hereby amended by
6178   inserting after the word “of”, in line 7, the second time it appears, the following word:- agency
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6179  SECTION 248. Said section 3 of said chapter 150A, as so appearing, is hereby further
6180   amended by inserting after the word “representative”, in line 8, the following words:- in lieu of
6181   membership dues.
6182  SECTION 249. Section 4 of said chapter 150A, as so appearing, is hereby amended by
6183   inserting after the word “therein”, in line 20, the following words:- , or in lieu of membership,
6184   payment of an agency service fee constituting the full cost of representation on a pro rata basis.
6185  SECTION 250. Said section 4 of said chapter 150A, as so appearing, is hereby further
6186   amended by inserting after the word “therein”, in line 33, the following words:- , or in lieu of
6187   membership, payment of an agency service fee constituting the full cost of representation on a
6188   pro rata basis.
6189  SECTION 251. Clause (A) of paragraph (6) of said section 4 of said chapter 150A, as so
6190   appearing, is hereby amended by inserting after subclause (2) the following subclause:-
6191  (3) Has refused, in lieu of membership, an agency service fee constituting the full cost of
6192   representation on a pro rata basis in the bargaining unit by the exclusive representative.
6193  SECTION 252. Said paragraph (6) of said section 4 of said chapter 150A, as so
6194   appearing, is hereby further amended by striking out clause (B) and inserting in place thereof the
6195   following clause:-
6196  (B) Such employee shall have exhausted the remedies available to the employee under
6197   the labor organization’s constitution and by-laws and sections 6A and 6B.
6198  SECTION 253. Section 4C of said chapter 150A, as so appearing, is hereby amended by
6199   striking out, in line 4, the words “nurse or nonprofessional”.
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6200  SECTION 254. Said section 4C of said chapter 150A, as so appearing, is hereby further
6201   amended by striking out paragraph (2).
6202  SECTION 255. Section 5 of said chapter 150A, as so appearing, is hereby amended by
6203   striking out, in line 24, the word “commission” and inserting in place thereof the following
6204   word:- department;
6205  SECTION 256. Said section 5 of said chapter 150A, as so appearing, is hereby further
6206   amended by striking out, in lines 27, 30 and 33, the word “commission” and inserting in place
6207   thereof, in each instance, the following word:- board.
6208  SECTION 257. Subsection (c) of said section 5 of said chapter 150A, as so appearing, is
6209   hereby amended by striking out the last sentence.
6210  SECTION 258. Said section 5 of said chapter 150A, as so appearing, is hereby further
6211   amended by inserting after subsection (c) the following subsection:–
6212  (c1/2) Notwithstanding any other provision of this section or any other general or special
6213   law to the contrary, if the National Labor Relations Act is repealed or amended so that it no
6214   longer applies to an employer, employee, bargaining unit, industry or trade in the
6215   commonwealth, this section shall apply to such employer, employee, bargaining unit, industry or
6216   trade. If a court of competent jurisdiction, by an order or judgment in effect and not stayed,
6217   enjoins the enforcement of the National Labor Relations Act, holds said act or any provision
6218   thereof invalid or unenforceable or holds that said act does not preempt regulation by the
6219   commonwealth of the labor-management relations of an employer, employee, bargaining unit,
6220   industry or trade in the commonwealth, this section shall apply to such employer, employee,
6221   bargaining unit, industry or trade. If an act of Congress expressly authorizes the commonwealth
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6222   to regulate the labor-management relations of an employer, employee, bargaining unit, industry
6223   or trade in the commonwealth, this chapter shall apply to such employer, employee, bargaining
6224   unit, industry or trade. Application of this chapter pursuant to this section shall commence on the
6225   date on which the applicable repeal, amendment, order, judgment or act of Congress takes effect
6226   and shall extend only to the extent that such application is not preempted by federal law. A
6227   collective bargaining agreement in effect immediately before such date shall remain in effect
6228   according to its terms and be enforceable under this chapter.
6229  Notwithstanding any other provision of this section or any other general or special law to
6230   the contrary, in the event that the National Labor Relations Board, in its discretion under 29
6231   U.S.C. § 164(c)(1), declines to assert jurisdiction over any labor dispute involving a class or
6232   category of employers, the department shall, pursuant to 29 U.S.C. § 164(c)(2), assert
6233   jurisdiction over the same. In the event that the National Labor Relations Board seeks to cede
6234   jurisdiction to the commonwealth to prevent any person from engaging in any unfair labor
6235   practice, pursuant to 29 U.S.C. § 160(a), the department shall agree to accept such jurisdiction.
6236   In the event that the National Labor Relations Board or a court of law determines that a class or
6237   category of employers is not subject to the National Labor Relations Act, the department shall
6238   assert jurisdiction over such class or category of employers.
6239  For purposes of this section, the transition date applicable to a bargaining unit shall be the
6240   date on which this chapter first applies to the employer of such unit pursuant to the preceding
6241   paragraphs. The department shall, upon application filed not later than 12 months after the
6242   transition date and without an election, certify as the exclusive bargaining representative of such
6243   unit any labor organization that, immediately before the transition date, was certified by the
6244   National Labor Relations Board as the exclusive representative of such unit, or was recognized
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6245   in writing by the employer as such representative, where such certification or recognition
6246   remained in effect immediately before the transition date.
6247  The board, or by designation, the department, shall establish rules and procedures for the
6248   prompt verification of evidence of a certification formerly granted by the National Labor
6249   Relations Board, which shall include the procedure for petitioning the department and provide
6250   that, absent exceptional cause, the verification procedure shall last not longer than 30 days after
6251   the petition is filed with the department. All existing terms and conditions of employment
6252   between a formerly National Labor Relations Board-certified exclusive bargaining representative
6253   and an employer shall remain in full force and effect through the department’s verification
6254   process.
6255  Notwithstanding any other provision of this section, when no other labor organization has
6256   been and currently is lawfully recognized as the exclusive representative of the employees in an
6257   appropriate bargaining unit, the commission shall certify to the parties, in writing, and the
6258   employer shall recognize as the exclusive representative for the purposes of collective bargaining
6259   of all employees in the bargaining unit, a labor organization which has received a written
6260   majority authorization. Whenever a labor organization proffers evidence that it has received a
6261   written majority authorization for a bargaining unit within a class or category of employers
6262   which, as a result of the events described in this section was, but is no longer, subject to
6263   jurisdiction under the National Labor Relations Act either:
6264  (i) the labor organization and the employer shall agree upon a neutral to conduct a
6265   confidential inspection of the evidence of a written majority authorization; provided, however,
6266   that if within 10 days the labor organization and the employer do not agree upon a neutral, the
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6267   commission shall act as the neutral. The neutral shall verify the labor organization’s majority
6268   support within the bargaining unit and report the results of its inspection in writing to the parties
6269   and, if the verification was conducted by an agreed neutral, to the commission, which shall in
6270   turn certify the results to the parties in writing; or
6271  (ii) within 7 days after receiving a copy of the labor organization’s petition for written
6272   majority authorization, an employer may file a petition with the department requesting an
6273   election by secret ballot to determine whether the labor organization shall be the exclusive
6274   bargaining representative for all employees in the bargaining unit.
6275  SECTION 259. Said chapter 150A is hereby further amended by striking out section 6A,
6276   as so appearing, and inserting in place thereof the following section:-
6277  Section 6A. An employee who is required as a condition of employment to be a member
6278   in good standing of a labor organization may file with the department a charge alleging that: (i)
6279   although eligible for membership, the employee has been unfairly denied admission to, or
6280   unfairly suspended or expelled from membership in, such organization for reasons other than
6281   malfeasance in office or non-payment of regular initiation fees, dues or assessments; and (ii) the
6282   labor organization has requested, or is about to request, their employer to discipline against the
6283   employee because of the employee’s failure to maintain membership in good standing in such
6284   organization; provided, however, that such charge shall be filed not more than 15 days after
6285   notice of such request has been given to the employee by the labor organization. Upon filing of
6286   such charge, the department may issue and cause to be served upon the labor organization a
6287   complaint stating the charge in that respect and containing a notice of hearing. The notice shall
6288   be given and the subsequent proceedings shall be conducted in the manner provided in section 6.
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6289   If upon reviewing all the evidence the department determines that the employee was unfairly
6290   denied admission to membership in such organization or that such discipline: (i) was imposed by
6291   the labor organization in violation of its constitution and by-laws;
6292  (ii) was imposed without a fair trial, including an adequate hearing and opportunity to
6293   defend; (iii) was not warranted by the offense, if any, committed by the employee against the
6294   labor organization;(iv) is not consistent with the established public policy of the commonwealth;
6295   or(v) was requested, or about to be requested, by the labor organization, notwithstanding the
6296   employee’s payment in full of all applicable agency service fees in lieu of membership,then the
6297   department shall state its determinations and issue and cause to be served on the labor
6298   organization an order requiring it to either to admit or restore the employee to membership in
6299   good standing together with full voting rights or refrain from seeking to bring about any
6300   discipline against the employee in their employment because the employee is not a member in
6301   good standing and return to the employee such union dues and assessments as may have been
6302   collected from the employee during the period of the employee’s suspension or expulsion from
6303   the union; provided, however, that if the department does make such a determination after
6304   hearing, it shall enter an order dismissing the charge filed by the employee.
6305  Nothing contained in this section or in section 4 shall require a labor organization as a
6306   condition of making or enforcing a contract requiring membership therein as a condition of
6307   employment to accord to non-participants in an insurance plan the right to vote on questions
6308   pertaining thereto or to grant local organizations voting rights in a convention proportionate to
6309   their membership.
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6310  SECTION 260. Section 8 of said chapter 150A, as so appearing, is hereby amended by
6311   striking out, in line 2, the word “commission” and inserting in place thereof the following word:-
6312   department;.
6313  SECTION 261. Said section 8 of said chapter 150A, as so appearing, is hereby further
6314   amended by striking out, in line 3, the words “or agencies”.
6315  SECTION 262. Said chapter 150A of the General Laws is hereby further amended by
6316   striking out section 9A, as so appearing, and inserting in place thereof the following section:-
6317  Section 9A. A labor organization shall, before engaging in any strike, picketing or other
6318   concerted refusal to work at any health care institution, not less than 10 days prior to such action,
6319   notify the institution in writing and the director of the department of that intention. The notice
6320   shall state the date and time that such action will commence. The notice, once given, may be
6321   extended by the written agreement of both parties.
6322  SECTION 263. Section 10 of said chapter 150A, as so appearing, is hereby amended by
6323   striking out, in line 11, the word “commission” and inserting in place thereof the following
6324   word:- department.
6325  SECTION 264. Said chapter 150A is hereby further amended by inserting after section
6326   10 the following section:-
6327  Section 10A. The board, or by its designation, the department, may establish rules or
6328   regulations as it deems appropriate to effectuate the policies of this chapter.
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6329  SECTION 265. Section 12 of chapter 156C of the General Laws, as appearing in the
6330   2024 Official Edition, is hereby amended by striking out subsection (d) and inserting in place
6331   thereof the following 3 subsections:-
6332  (d) The fee for the filing of the certificate of organization required by subsection (a) shall
6333   be $100. The fee for the filing of the annual report required by subsection (c) shall be $200 for
6334   the first annual report; $300 for the second annual report; $400 for the third annual report; and
6335   $500 for the fourth annual report and for each annual report filed thereafter. Such fees shall be
6336   paid to the state secretary at the time the certificate of organization or the annual report is filed.
6337  (e) Notwithstanding the fees set forth in` subsection (d), if a limited liability company (i)
6338   is established for the purpose of holding title to real property; (ii) owns assets in excess of
6339   $1,000,000; or (iii) is expected to own assets in excess of $1,000,000 within the subsequent 12
6340   month period, then the fee for the filing of the certificate of organization required by subsection
6341   (a) shall be $500; and the fee for the filing of each annual report required by subsection (c) shall
6342   be $500 beginning with the annual report that includes an affirmative attestation of any of the
6343   conditions set forth in clauses (i) to (iii). Such fees shall be paid to the state secretary at the time
6344   the certificate of organization or the annual report is filed.
6345  (f) The person filing the certificate of organization or annual report shall attest at the time
6346   of filing as to whether the limited liability company: (i) is established for the sole purpose of
6347   holding title to real property; (ii) owns assets in excess of $1,000,000; or (iii) is expected to own
6348   assets in excess of $1,000,000 within the subsequent 12-month period. A person who makes an
6349   inaccurate attestation shall be subject to a civil penalty of $10,000 for each such inaccurate
6350   attestation. Such certification shall be the basis for determining eligibility under subsection (e).
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6351  SECTION 266. Said chapter 156C is hereby further amended by adding the following
6352   section:-
6353  Section 73. Upon credible suspicion that a document submitted to the state secretary may
6354   be fraudulent, the state secretary shall initiate an inquiry into the validity of the document. If the
6355   inquiry concludes that a document is fraudulent, the state secretary shall remove such document
6356   from the public record.
6357  SECTION 267. Section 134 of chapter 164 of the General Laws, as appearing in the 2024
6358   Official Edition, is hereby amended by striking out, in lines 103 and 104, the words
6359   “Massachusetts Renewable Energy Trust Fund, established pursuant to section 9” and inserting
6360   in place thereof the following words:- Climatetech Investment Fund established in section 15.
6361  SECTION 268. The General Laws are hereby further amended by inserting after chapter
6362   167D the following chapter:-
6363  CHAPTER 167D 1/2.
6364  FINANCIAL EXPLOITATION OF VULNERABLE ADULTS
6365  Section 1. As used in this section, the following words shall have the following meanings
6366   unless the context clearly requires otherwise:
6367  “Commissioner”, the commissioner of banks.
6368  “Eligible adult”, (i) a person 60 years of age or older; or (ii) a person with a
6369   disability, as defined in section 1 of chapter 19C.
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6370  “Financial exploitation”, (i) the wrongful or unauthorized taking, withholding,
6371   appropriation or use of money, assets or property of an eligible adult; or (ii) any act or omission
6372   taken by a person, including through the use of a power of attorney, guardianship or
6373   conservatorship of an eligible adult, to: (A) obtain control, through deception, intimidation
6374   unethical or dishonest conduct or undue influence, over the eligible adult’s money, assets or
6375   property to deprive the eligible adult of the ownership, use, benefit or possession of their money,
6376   assets or property; or (B) convert money, assets or property of the eligible adult to deprive such
6377   eligible adult of the ownership, use, benefit or possession of their money, assets or property.
6378  “Financial institution”, a (i) bank, trust company, co-operative bank or savings bank, if
6379   organized or exists under the laws of the commonwealth or any other state or may transact
6380   business in the commonwealth, national bank, federal savings bank or federal savings and loan
6381   association; or (ii) credit union that is organized or exists under the laws of the commonwealth or
6382   any other state or federal credit union that may transact business in the commonwealth, as
6383   defined in section 1 of chapter 171.
6384  “Qualified individual”, an (i) agent, employee or person who serves in a compliance or
6385   legal capacity for a financial institution; or (ii) employee eligible for immunity in accordance
6386   with 12 U.S.C. § 3423.
6387  “Relevant agency” (i) the commission for the protection of persons with disabilities
6388   established in section 2 of chapter 19C, if the eligible adult is under the age of 60; (ii) the
6389   executive office of aging and independence, if the eligible adult is 60 years or older; or (iii) a
6390   third-party contractor designated by the office of aging and independence.
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6391  Section 2. If a financial institution or qualified individual reasonably believes that the
6392   financial exploitation of an eligible adult may have occurred, may have been attempted or is
6393   being attempted, the financial institution or qualified individual shall promptly notify the
6394   relevant agency.
6395  Section 3. A qualified investment individual who, in good faith and exercising reasonable
6396   care, believes that financial exploitation of an eligible adult may have occurred, may have been
6397   attempted or is being attempted, may disclose to any third party previously designated by the
6398   eligible adult or reasonably associated with the adult; provided, however, that a qualified
6399   investment individual shall not notify any designated third party that is suspected of the financial
6400   exploitation or other abuse of the eligible adult; provided, however, that a qualified individual or
6401   financial institution shall not notify any designated third party that is suspected of the financial
6402   exploitation or other abuse of the eligible adult.
6403  Section 4. A qualified individual or financial institution who, in good faith, is exercising
6404   reasonable care, complies with section 3 and did not materially aid the alleged financial
6405   exploitation shall be immune from any administrative or civil liability that might otherwise arise
6406   from such action.
6407  Section 5. A financial institution may delay or stop a disbursement from, or a transaction
6408   in connection with, an account of an eligible adult or an account on which an eligible adult is a
6409   beneficiary if any qualified individual has reasonable cause to believe that, after initiating an
6410   internal review of the requested disbursement or transaction and documenting the suspected
6411   financial exploitation, the requested disbursement or transaction may result in the financial
6412   exploitation of the eligible adult and the financial institution or qualified individual: (i) provides
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6413   written or oral notification of the delay or stoppage and the reason for such delay or stoppage to
6414   all parties authorized to transact business on the account not more than 5 business days after the
6415   requested disbursement or transaction, unless any such party is reasonably believed to have
6416   engaged in suspected or attempted financial exploitation of the eligible adult; (ii) provides
6417   notification of such delay or stoppage to the relevant agency not more than 5 business days after
6418   the requested disbursement or transaction; (iii) continues their internal review of the suspected or
6419   attempted financial exploitation of the eligible adult, as necessary; (iv) provides status updates, a
6420   statement of finding and final disposition of an investigation upon request to the relevant agency
6421   and qualified individuals; and (v) reports the investigation's results to the relevant agency not
6422   more than 10 business days after the day the financial institution or qualified individual first
6423   delayed disbursement of the funds or the transaction.
6424  The relevant agency may retain a digital or other record of each notice and report
6425   received under clauses (i), (ii) and (iv) respectively, of this section. A financial institution may
6426   provide a copy to the commissioner for recording purposes.
6427  Section 6. The authorization of any delay or stoppage of a disbursement or transaction
6428   pursuant to section 5 shall expire upon the sooner of the determination by the financial institution
6429   that the disbursement or transaction will not result in the financial exploitation of the eligible
6430   adult or 21 business days after the date on which the financial institution delayed or stopped
6431   disbursement of the funds or a transaction. A relevant agency may request that the financial
6432   institution extend the delay, in which case the delay shall expire not more than 30 business days
6433   after the date on which the financial institution first delayed or stopped disbursement of the funds
6434   or a transaction.
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6435  A court of competent jurisdiction may enter an order extending the delay or stoppage of a
6436   disbursement of funds or transaction pursuant to this section or may order other protective relief
6437   upon the petition of a relevant agency.
6438  Section 7. A court of competent jurisdiction may order a financial institution or qualified
6439   individual to provide access to or copies of records that are relevant to the suspected or attempted
6440   financial exploitation of an eligible adult to a relevant agency or law enforcement pursuant to an
6441   open investigation. Such records may include, but not be limited to, historical records and
6442   records pertaining to the most recent disbursement or transactions related to the suspected or
6443   attempted financial exploitation of an eligible adult; provided, however, that such records made
6444   available to the agencies shall not be considered public records pursuant to section 7 of chapter 4
6445   or chapter 66.
6446  Section 8. A financial institution or qualified individual which, in good faith, exercising
6447   reasonable care, complies with this chapter and did not materially aid the alleged financial
6448   exploitation shall be immune from any administrative or civil liability that might otherwise arise
6449   from such action.
6450  SECTION 269. The General Laws are hereby further amended by inserting after chapter
6451   167J the following chapter:-
6452  CHAPTER 167K
6453  REGULATION OF VIRTUAL CURRENCY KIOSKS
6454  Section 1. As used in this chapter, the following words shall have the following meanings
6455   unless the context clearly requires otherwise:
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6456  “Person”, an individual, firm, fiduciary, partnership, corporation, trust or association,
6457   however formed, or a club, trustee, agency or receiver.
6458  “Virtual currency kiosk”, an electronic terminal acting as a mechanical agent of the
6459   virtual currency kiosk operator to enable the virtual currency kiosk operator to facilitate the
6460   exchange of virtual currency for money, bank credit or other virtual currency, including, but not
6461   limited to, by: (i) connecting directly to a separate virtual currency exchange that performs the
6462   actual virtual currency transmission; or (ii) drawing upon the virtual currency in the possession
6463   of the electronic terminal's operator.
6464  “Virtual currency kiosk operator”, a person or entity that engages in virtual currency
6465   business activity via a money transmission kiosk located in the commonwealth or a person or
6466   entity that owns, operates or manages a money transmission kiosk located in the commonwealth
6467   through which virtual-currency business activity is offered or the owner or lessee of a premises
6468   who knowingly or intentionally permits the virtual currency kiosk to be operated on the
6469   premises.
6470  Section 2. (a) A virtual currency kiosk operator may not operate a virtual currency kiosk
6471   in the commonwealth.
6472  (b) A violation of subsection (a) shall constitute a violation of section 2 of chapter 93A
6473   and the attorney general may bring a civil action for injunctive or other equitable relief to enforce
6474   this section.
6475  (c) If a court of competent jurisdiction finds that a person has knowingly or intentionally
6476   operated 1 or more virtual currency kiosks in the commonwealth in violation of this chapter, the
6477   court may, in addition to any other penalty imposed under chapter 93A, order that the person: (i)
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6478   forfeit the amount of any charges that were collected by the person from users of the virtual
6479   currency kiosk during the period in which the person operated or knowingly leased premises to
6480   permit the operation of the virtual currency kiosk of kiosks in violation of this chapter; (ii) forfeit
6481   any virtual currency kiosk that is owned by the person and located in the commonwealth; and
6482   (iii) pay the reasonable costs of investigation and litigation of such violation, including
6483   reasonable attorneys’ fees.
6484  SECTION 270. Section 402 of chapter 203E of the General Laws, as appearing in the
6485   2024 Official Edition, is hereby amended by adding the following subsection:-
6486  (d) Notwithstanding the foregoing, a settlor’s power to create a trust may be exercised by:
6487   (1) an agent under a power of attorney to the extent expressly authorized by the power of
6488   attorney; or (2) a conservator as authorized by article 5 of chapter 190B.
6489  SECTION 271. Section 2A of chapter 211D of the General Laws, as so appearing, is
6490   hereby amended by striking out, in line 106, the words “18 years of age” and inserting in place
6491   thereof the following words:- the age of criminal majority.
6492  SECTION 272. Chapter 231 of the General Laws is hereby amended by inserting after
6493   section 85AA the following section:-
6494  Section 85BB. (a) In all actions to recover damages for injury to the person or for the
6495   death of a person arising from an accident or collision between a vulnerable user, as defined in
6496   section 1 of chapter 90, and a motor vehicle, trailer, semi-trailer or semi-trailer unit classified as
6497   a class 3 or above by the federal highway administration, with a gross vehicle weight rating of
6498   10,001 pounds or more, there shall be a rebuttable presumption that a defendant who owned or
6499   leased the vehicle was negligent, unless, at the time of the accident or collision, the vehicle was
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6500   equipped with a lateral protective device, convex mirrors, crossover mirrors and backup cameras
6501   meeting any standards or specifications adopted by the Massachusetts Department of
6502   Transportation.
6503  (b) This section shall be applied and interpreted so as not to conflict with federal statutes,
6504   regulations or agency determinations. In any case of conflict, federal law shall prevail.
6505  (c) If any provision of this section is found to be unconstitutional or preempted by federal
6506   law, any remaining provisions shall remain in effect to the fullest extent consistent with federal
6507   law.
6508  SECTION 273. Section 13 of chapter 250 of the General Laws, as appearing in the 2024
6509   Official Edition, is hereby amended by striking out, in line 3. the figure “18” and inserting in
6510   place thereof the following words:- criminal majority.
6511  SECTION 274. Section 2 of chapter 258E of the General Laws, as so appearing, is
6512   hereby amended by striking out, in line 7, the figure “18” and inserting in place thereof the
6513   following words:-criminal majority.
6514  SECTION 275. Section 15A of chapter 265 of the General Laws, as so appearing, is
6515   hereby amended by striking out, in line 24, the words “18 years of age or over” and inserting in
6516   place thereof the following words:- who has attained the age of criminal majority.
6517  SECTION 276. Said section 15A of said chapter 265, as so appearing, is hereby
6518   amended by striking out, in line 46, the words “is 18 years of age or over” and inserting in place
6519   thereof the following words:- has attained the age of criminal majority.
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6520  SECTION 277. Section 15B of said chapter 265, as so appearing, is hereby amended by
6521   striking out, in line 24, the words “18 years of age or over” and inserting in place thereof the
6522   following words:- who has attained the age of criminal majority.
6523  SECTION 278. Section 18 of said chapter 265, as so appearing, is hereby amended by
6524   striking out, in line 26 and 27, the words “18 years of age or over” and inserting in place thereof
6525   the following words:- who has attained the age of criminal majority.
6526  SECTION 279. Section 18B of said chapter 265, as so appearing, is hereby amended by
6527   striking out, in line 41 and 42, the words “18 years of age or over” and inserting in place thereof
6528   the following words:- who has attained the age of criminal majority.
6529  SECTION 280. Section 19 of said chapter 265, as so appearing, is hereby amended by
6530   striking out, in line 23 and 24, the words “18 years of age or over” and inserting in place thereof
6531   the following words:- who has attained the age of criminal majority.
6532  SECTION 281. Section 39 of chapter 265 of the General Laws, as appearing in the 2024
6533   Official Edition, is hereby amended by inserting after the word “origin”, in line 4, the following
6534   words:- , sex, gender.
6535  SECTION 282. Section 43 of said chapter 265, as so appearing, is hereby amended by
6536   striking out, in lines 56 and 89, the words “18 years of age or over” and inserting in place
6537   thereof, in each instance, the following words:- who has attained the age of criminal majority.
6538  SECTION 283. Section 59 of said chapter 265, as so appearing, is hereby amended by
6539   striking out, in line 19, the figure “18” and inserting in place thereof the following words:-
6540   criminal majority.
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6541  SECTION 284. Section 10 of chapter 269 of the General Laws is hereby amended by
6542   striking out, in line 53, as so appearing, the words “18 years of age or older” and inserting in
6543   place thereof the following words:- who has attained the age of criminal majority.
6544  SECTION 285. Said section 10 of said chapter 269 is hereby further amended by striking
6545   out, in lines 265 and 266, as so appearing, the words “18 years of age or over” and inserting in
6546   place thereof the following words:- who has attained the age of criminal majority.
6547  SECTION 286. Section 10E of said chapter 269, as so appearing, is hereby amended by
6548   striking out, in line 39 and 40, the words “18 years of age or over” and inserting in place thereof
6549   the following words:- who has attained the age of criminal majority.
6550  SECTION 287. Said section 10E of said chapter 269, as so appearing, is hereby further
6551   amended by striking out, in line 41, the figure “and 18” and inserting in place thereof the
6552   following words:- years of age and the age of criminal majority.
6553  SECTION 288. Section 10F of said chapter 269, as so appearing, is hereby amended by
6554   striking out, in lines 4 and 28, the words “18 years of age or over” and inserting in place thereof,
6555   in each instance, the following words:- who has attained the age of criminal majority.
6556  SECTION 289. Said section 10F of said chapter 269, as so appearing, is hereby further
6557   amended by striking out, in line 32, the figure “18” and inserting in place thereof the following
6558   words:- criminal majority.
6559  SECTION 290. Said section 10F of said chapter 269, as so appearing, is hereby further
6560   amended by striking out, in line 50, the words “17 years of age or over” and inserting in place
6561   thereof the following words:- who has attained the age of criminal majority.
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6562  SECTION 291. Section 10G of said chapter 269, as so appearing, is hereby amended by
6563   striking out, in lines 34 and 35, the words “18 years of age or over” and inserting in place thereof
6564   the following words:- who has attained the age of criminal majority.
6565  SECTION 292. Said chapter 269 is hereby further amended by adding the following
6566   section:-
6567  Section 20. (a) As used in this section, the following words shall have the following
6568   meanings unless the context clearly requires otherwise:
6569  “Disrupter technology”, a tool, device or system designed to disable, neutralize or
6570   dispose of an explosive device or incendiary device or suspected explosive or incendiary device.
6571  “Robotic device”, a device capable of locomotion, navigation, movement or flight that
6572   operates at a distance from its operator or supervisor based on commands or in response to
6573   sensor data, or a combination of both, including, but not limited to, an uncrewed aerial vehicle.
6574  “Weapon”, a device designed to threaten or cause death, incapacitation or physical injury
6575   to a person, including, but not limited to, firearms, chemical agents or irritants, kinetic impact
6576   projectiles, weaponized lasers and explosive devices; provided, however, that “weapon” shall not
6577   include disrupter technology for purposes of this section.
6578  (b)(1) It shall be unlawful for any person to knowingly manufacture, modify, sell,
6579   transfer, possess or operate a robotic device equipped or mounted with a weapon. Whoever
6580   violates this subsection shall be punished by imprisonment in a state prison for not more than 5
6581   years or in a house of correction for not more than 2 1/2 years.
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6582  (2) Whoever, after having been convicted of an offense under paragraph (1), commits a
6583   second offense under this subsection, shall be punished by imprisonment in a state prison for not
6584   more than 7 years, for a third such offense, by imprisonment in a state prison for not more than
6585   10 years and for a fourth or subsequent such offense, by imprisonment in a state prison for not
6586   more than 15 years.
6587  (c) It shall be unlawful for any person, whether or not acting under color of law, to
6588   knowingly use a robotic device to: (i) threaten to commit a crime; (ii) criminally harass another
6589   person in violation of section 43A of chapter 265; or (iii) physically restrain or attempt to
6590   physically restrain another person. Whoever violates this subsection shall be punished by
6591   imprisonment in a house of correction for not more than 2 1/2 years, by a fine of not more than
6592   $1,000 or by both such fine and imprisonment. Whoever, after having been convicted of an
6593   offense under this subsection, commits a second or subsequent offense under this subsection,
6594   shall be punished by imprisonment in a house of correction for not more than 2 1/2 years or in a
6595   state prison for not more than 10 years, by a fine of not more than $15,000 or by both such fine
6596   and imprisonment.
6597  (d) This section shall not apply to:
6598  (i) the United States department of defense or any of its departments, agencies or units;
6599  (ii) the Massachusetts National Guard;
6600  (iii) robotic devices within the scope of a defense industrial company’s contract with the
6601   United States department of defense or within the scope of a waiver issued pursuant to
6602   subsection (e);
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6603  (iv) robotic devices within the scope of a waiver issued pursuant to subsection (e) solely
6604   for the development or testing of technology intended to detect, prevent or mitigate the
6605   unauthorized weaponization of robotic devices; and
6606  (v) robotic devices within the scope of a waiver issued pursuant to subsection (e) solely
6607   for educational, research or entertainment purposes.
6608  (e) (1) The secretary of public safety and security may issue waivers from the
6609   requirements of this section.
6610  (2) A person seeking a waiver under clauses (iii) to (v), inclusive, of subsection (d) shall
6611   apply to secretary in a form prescribed by the secretary. Such application shall include, but not
6612   be limited to: (i) the name and address of the applicant and of each person who will manufacture,
6613   modify, sell, transfer, possess or operate a robotic device pursuant to the waiver; (ii) a
6614   description of each robotic device and each weapon to which the waiver will apply; (iii) the
6615   purpose for which the waiver is sought; and (iv) such other information as the secretary may
6616   require.
6617  (3) The secretary shall not issue a waiver unless the secretary finds that: (i) the activity to
6618   be authorized is limited to a purpose described in clauses (iii) to (v), inclusive, of subsection (d);
6619   and (ii) the issuance of the waiver would not present an unreasonable risk to public safety.
6620  (4) The secretary may suspend or revoke a waiver, after notice and an opportunity to be
6621   heard pursuant to chapter 30A, upon a finding that the holder of the waiver has violated this
6622   section, a term or condition of the waiver, or a regulation promulgated pursuant to this section.
6623   The secretary may summarily suspend a waiver pending a hearing, upon a finding that continued
6624   activity under the waiver presents an immediate threat to public safety.
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6625  (f) It shall not be a violation of this section for law enforcement agencies, as defined in
6626   section 1 of chapter 6E, or law enforcement officers as defined in said section 1 of said chapter
6627   6E who are certified pursuant to section 4 of said chapter 6E, acting in the public performance of
6628   their duties, to possess or operate a robotic device equipped or mounted with a weapon or
6629   disrupter technology: (i) to destroy, defuse or dispose of explosives or incendiary devices or
6630   suspected explosives or incendiary devices; (ii) for the destruction of property when there is an
6631   imminent threat of death or serious bodily injury; or (iii) for development, evaluation, testing,
6632   education or training relating to the uses permitted by clauses (i) and (ii); provided, however, that
6633   the officer’s certification under section said section 4 of said chapter 6E, is not suspended,
6634   limited or restricted.
6635  (g) A law enforcement agency or law enforcement officer that possesses or operates a
6636   robotic device equipped or mounted with a weapon or disrupter technology for the purposes
6637   described under subsection (f) shall be required to obtain a warrant or other legally required
6638   judicial authorization prior to deploying such robotic device: (i) onto private property in any
6639   situation in which a warrant would be required if the entry onto that property were made by a law
6640   enforcement officer; or (ii) to conduct surveillance or location tracking in any situation in which
6641   a warrant or other legally required judicial authorization would be required if such surveillance
6642   or tracking were conducted by a law enforcement officer or by means of other technology;
6643   provided, however, that law enforcement agencies may deploy a robotic device equipped or
6644   mounted with a weapon or disrupter technology without a warrant or other judicial authorization
6645   in situations where entry on the private property could be otherwise made, or surveillance or
6646   location tracking could otherwise be conducted, by a law enforcement officer or a law
6647   enforcement agency without a warrant or judicial authorization.
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6648  (h) On a quarterly basis, each law enforcement agency shall document each time it uses a
6649   robotic device equipped or mounted with a weapon or disrupter technology in a report to the
6650   executive office of public safety and security. The report shall include: (i) the date and time of
6651   the use; (ii) the scope and objective of the use; (iii) whether the robotic device was equipped or
6652   mounted with a weapon, disrupter technology or both; (iv) the permitted reason for use; and (v)
6653   whether a warrant or other legally required judicial authorization was obtained prior to the use of
6654   such robotic device. Annually, not later than March 31, the executive office of public safety and
6655   security shall publish the quarterly reports on its website.
6656  (i) The secretary of public safety and security shall promulgate regulations and issue rules
6657   to administer this section.
6658  SECTION 293. Section 29B of chapter 272 of the General Laws, as appearing in the
6659   2024 Official Edition, is hereby amended by adding the following subsection:-
6660  (f) Whoever with lascivious intent disseminates child sexual abuse material, knowing the
6661   contents of such material or having sufficient facts in their possession to have knowledge of the
6662   contents thereof, or whoever has in their possession any such child sexual abuse material
6663   knowing the contents or having sufficient facts in their possession to have knowledge of the
6664   contents thereof, with the intent to disseminate the same, shall be punished by imprisonment in a
6665   state prison for not more than 10 years or by a fine of not less than $10,000 nor more than
6666   $50,000 or 3 times the monetary value of any economic gain derived from said dissemination,
6667   whichever is greater, or by both such fine and imprisonment.
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6668  SECTION 294. Section 29C of said chapter 272, as so appearing, is hereby amended by
6669   inserting after the word “possesses”, in line 1, the following words:- child sexual abuse material
6670   as defined in section 31, or.
6671  SECTION 295. Section 29D of said chapter 272, as so appearing, is hereby amended by
6672   inserting after the figure “29C, in line 4, the following words:- or creates, adapts, modifies or
6673   generates child sexual abuse material in violation of section 29E.
6674  SECTION 296. Said section 29D of said chapter 272, as so appearing, is hereby further
6675   amended by inserting after the figure “29C”, in line 26, the following figure:- , 29E.
6676  SECTION 297. Said chapter 272 is hereby amended by inserting after section 29D the
6677   following section:
6678  Section 29E. Whoever with lascivious intent knowingly creates, adapts, modifies or
6679   generates child sexual abuse material, or knowingly directs, instructs, prompts or otherwise
6680   causes any other person, computer program, model, artificial intelligence system or other
6681   technology to create, adapt, modify or generate child sexual abuse material, shall be punished by
6682   imprisonment in the house of correction for not more than 2 1/2 years, or by imprisonment in a
6683   state prison for not more than 5 years, or by a fine of not less than $10,000 nor more than
6684   $50,000, or by both such fine and imprisonment; provided, however, that if the child sexual
6685   abuse material depicts an identifiable minor, such person shall be punished by imprisonment in a
6686   state prison for not more than 10 years, or by a fine of not less than $10,000 nor more than
6687   $50,000, or by both such fine and imprisonment.
6688  SECTION 298. Section 31 of said chapter 272, as appearing in the 2024 Official Edition,
6689   is hereby amended by striking out, in lines 1 to 3, inclusive, the words “twenty-eight, twenty-
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6690   eight C, twenty-eight D, twenty-eight E, twenty-nine, twenty-nine A, twenty-nine B, thirty and
6691   thirty D” and inserting in place thereof the following words:- “28, 28C, 28D, 28E, 29, 29A, 29B,
6692   29E, 30, 30D and 31”.
6693  SECTION 299. Said section 31 of said chapter 272, as so appearing, is hereby further
6694   amended by inserting before the definition of “Disseminate” the following definition:-
6695  “Child sexual abuse material”, any visual material: (i) the production of which involved
6696   the use of an actual minor engaged in sexual conduct; (ii) that is a digital image, computer image
6697   or computer-generated image that is, or is indistinguishable from, an authentic representation or
6698   reproduction of a minor: (A) engaged in sexual conduct or in a state of nudity; and (B) that is
6699   obscene; or (iii) that has been created, adapted, modified or generated to show or depict an
6700   identifiable minor in a state of nudity or engaged in sexual conduct.
6701  SECTION 300. Said section 31 of said chapter 272, as so appearing, is hereby further
6702   amended by inserting after the definition of “harmful to minors” the following 2 definitions:-
6703  “Identifiable minor”, an actual person who: (i)(A) was a minor at the time the visual
6704   material was created, adapted, modified or generated; or (B) whose image as a minor was used in
6705   creating, adapting, modifying or generating the visual material; and (ii) is recognizable as an
6706   actual person by the person’s face, likeness or other distinguishing characteristics; provided,
6707   however, that the term “identifiable minor” shall not be construed to require proof of the actual
6708   identity of the identifiable minor.
6709  “Indistinguishable”, when used with respect to visual material, means that the depiction is
6710   such that a reasonable person viewing the material would conclude that it depicts an actual minor
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6711   engaged in sexual conduct; provided, however, that this definition shall not apply to depictions
6712   that are drawings, cartoons, sculptures or paintings.
6713  SECTION 301. Section 87 of chapter 276 of the General Laws, as so appearing, is hereby
6714   amended by striking out, in line 7, the figure “18” and inserting in place thereof the following
6715   words:- criminal majority.
6716  SECTION 302. Said section 87 of said chapter 276, as so appearing, is hereby further
6717   amended by striking out, in lines 14 and 15, the words “was eighteen years of age or older” and
6718   inserting in place thereof the following words:- had attained the age of criminal majority.
6719  SECTION 303. Section 89A of said chapter 276, as so appearing, is hereby amended by
6720   striking out, in line 3, the figure “18” and inserting in place thereof the following words:-
6721   criminal majority.
6722  SECTION 304. Section 89B of said chapter 276, as so appearing, is hereby amended by
6723   striking out, in line 3, the words “are 18 to 24” and inserting in place thereof the following
6724   words:- have attained the age of criminal majority and are under 25.
6725  SECTION 305. Section 100A of said chapter 276, as so appearing, is hereby amended by
6726   striking out the first paragraph and inserting in place thereof the following 2 paragraphs:-
6727  Except as otherwise provided in this section, records of any criminal court appearances
6728   and dispositions related to a criminal offense or offenses in the commonwealth on file with the
6729   commissioner of probation shall be eligible for automatic sealing by the commissioner if: (i) the
6730   person's court appearance and court disposition records, including any period of incarceration or
6731   custody, for any misdemeanor record to be sealed occurred not less than 3 years prior to the
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6732   sealing; (ii) the person's court appearance and court disposition records, including any period of
6733   incarceration or custody, for any felony record to be sealed occurred not less than 7 years prior to
6734   the sealing; (iii) the person has not been found guilty of any criminal offense in the
6735   commonwealth in the case of a misdemeanor, within 3 years prior to the sealing, and in the case
6736   of a felony, 7 years prior to the sealing; (iv) the person has not been convicted of any criminal
6737   offense in any other state, United States possession or in a court of federal jurisdiction, except for
6738   motor vehicle offenses in which the penalty does not exceed a fine of $50, and has not been
6739   imprisoned in any state or county in the case of a misdemeanor, within the preceding 3 years,
6740   and in the case of a felony, within the preceding 7 years; and (v) the person’s record does not
6741   include convictions of offenses other than those to which this section applies. For records that are
6742   otherwise eligible pursuant to clauses (i) to (iii), inclusive, the commissioner shall conduct a
6743   criminal record check in other states and jurisdictions, which may include a review of the Federal
6744   Bureau of Investigation’s Interstate Identification Index, to determine whether the record is
6745   eligible under clause (iv); provided, however, that such process shall be automated. This section
6746   shall not apply in the case of convictions for violations of sections 121 to 129D, 130 1/2 to 131C,
6747   inclusive, and 131F and 131F 1/2 of chapter 140 or for violations of chapter 268 or chapter
6748   268A, except for convictions for resisting arrest.
6749  Records that are eligible for sealing under this section shall be sealed automatically by
6750   the commissioner without requiring a petition, unless: (i) the record is of a sex offense, as
6751   defined by section 178C of chapter 6; (ii) the commissioner’s criminal record check for records
6752   in other states and jurisdictions produces a result that makes it impossible for the automated
6753   sealing system to determine eligibility under clause (iv) of the first paragraph; or (iii) the record
6754   is of a decriminalized offense, the elements of which continue to be a crime under a different
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6755   designation that is not otherwise eligible for sealing or the automatic sealing of which is not
6756   possible due to the nature of the elements of the offense. A person with a record that is eligible
6757   for sealing, but that is excluded from automatic sealing, may file a petition on a form furnished
6758   by the commissioner and signed under the penalties of perjury, requesting that the commissioner
6759   seal their records and the commissioner shall comply with the request, subject to this section;
6760   provided, however, that such petition shall include a statement by the petitioner that the
6761   petitioner has not been convicted of any criminal offense in any other state, United States
6762   possession or in a court of federal jurisdiction and has not been imprisoned in any state or county
6763   in the case of a misdemeanor, within the preceding 3 years, and in the case of a felony, within the
6764   preceding 7 years; and provided further, that sealing shall be automated without the requirement
6765   to file a petition when the commissioner’s criminal record check for records in other states and
6766   jurisdictions produces a result that shows no records in other states or jurisdictions or shows only
6767   records that the automated sealing system can determine do not make the person ineligible for
6768   sealing, and the record is otherwise eligible for sealing. The commissioner shall implement an
6769   automated criminal background check process to conduct such checks in other states and
6770   jurisdictions that is as accurate as technologically feasible and limits the need for otherwise
6771   eligible persons to file a petition for record sealing.
6772  SECTION 306. Said section 100A of said chapter 276, as so appearing, is hereby further
6773   amended by inserting after the word “files”, in line 60, the following:- within 30 days of such
6774   notification.
6775  SECTION 307. Said chapter 276 is hereby further amended by inserting after section
6776   100A the following section:-
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6777  Section 100A 1/2. The commissioner of probation shall seal records subject to automated
6778   sealing under section 100A or 100B within 30 days of the time that the records became eligible
6779   for sealing. The commissioner of probation shall provide individuals at the time of an
6780   adjudication or other final disposition of their juvenile or criminal offense or offenses with a
6781   notice that the offenses may be sealed in the future by an automated process without the
6782   requirement for a petition to seal the records, a brief summary of the sealing law and a list of
6783   resources related to sealing of records. The clerk’s office of any division of the trial court, the
6784   commissioner of probation or any other criminal justice agency, upon request of a person whose
6785   offense or offenses are sealed, or the person’s legal representative, shall provide access to the
6786   sealed records to the person or the person’s legal representative without said person or legal
6787   representative obtaining a court order or having to unseal the record. In the event that records of
6788   any offense eligible to be sealed under section 100A or 100B are not sealed due to an error,
6789   omission or lack of availability of a court record based on the age of said record, a person with
6790   such records shall not be precluded from seeking a sealing of such record, and the commissioner
6791   shall seal such records, if eligible for sealing, forthwith upon receipt of a request to seal said
6792   record on a form furnished by the commissioner and signed under the penalties of perjury.
6793  SECTION 308. Section 100B of said chapter 276, as appearing in the 2024 Official
6794   Edition, is hereby amended by striking out the first 2 sentences and inserting in place thereof the
6795   following 5 sentences:- The commissioner of probation shall automatically, and without
6796   requiring a petition, seal records of juvenile offenses if: (i) any court appearance or disposition,
6797   including court supervision, probation, commitment or parole for the records to be sealed,
6798   terminated not less than 3 years earlier; (ii) said person has not been adjudicated delinquent or as
6799   a youthful offender, found guilty of any criminal offense in the commonwealth or been
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6800   committed as a juvenile or imprisoned under sentence within the commonwealth in the preceding
6801   3 years; and (iii) has not been adjudicated delinquent or as a youthful offender or found guilty of
6802   any criminal offense in any other state, United States possession or in a court of federal
6803   jurisdiction, except for motor vehicle offenses in which the penalty does not exceed a fine of
6804   $50, and has not been committed as a juvenile or imprisoned under sentence in any state or
6805   county within the preceding 3 years. For records that are otherwise eligible pursuant to clauses
6806   (i) and (ii), the commissioner shall conduct a criminal record check in other states and
6807   jurisdictions, which may include a review of the Federal Bureau of Investigation’s Interstate
6808   Identification Index, to determine whether the record is eligible under clause (iii); provided,
6809   however, that such process shall be automated. If the commissioner’s criminal record check for
6810   records in other states and jurisdictions produces a result that makes it impossible for the
6811   automated sealing system to determine eligibility under clause (iii), the record shall not be sealed
6812   automatically. A person with a record that is eligible for sealing under this section, but that is
6813   excluded from automatic sealing, may file a petition on a form furnished by the commissioner
6814   and signed under the penalties of perjury, requesting that the commissioner seal their records and
6815   the commissioner shall comply with the request; provided, however, that such form shall include
6816   a statement by the petitioner that the petitioner has not been adjudicated delinquent or found
6817   guilty of any criminal offense in any other state, United States possession or in a court of federal
6818   jurisdiction and has not been imprisoned under sentence or committed as a delinquent in any
6819   state or county within the preceding 3 years; and provided further, that sealing shall be
6820   automated without the requirement to file a petition when a person has no records in other states
6821   or jurisdictions or when the commissioner’s criminal record check for records in other states and
6822   jurisdictions produces a result that shows no records in other states or jurisdictions or shows only
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6823   records that the automated sealing system can determine do not make the person ineligible for
6824   sealing, and the record is otherwise eligible for sealing. The commissioner shall implement an
6825   automated criminal background check process to conduct such checks in other states and
6826   jurisdictions that is as accurate as technologically feasible and limits the need for otherwise
6827   eligible persons to file a petition for record sealing.
6828  SECTION 309. Said section 100B of said chapter 276, as so appearing, is hereby further
6829   amended by inserting after the word “files”, in line 28, the following:- within 30 days of such
6830   notification.
6831  SECTION 310. Section 100D of said chapter 276, as so appearing, is hereby amended by
6832   striking out, in line 8, the figure “17” and inserting in place thereof the following words:-
6833   criminal majority.
6834  SECTION 311. Section 100Q of said chapter 276, as so appearing, is hereby further
6835   amended by striking out the words “or section 100B” and inserting in place thereof the
6836   following:- , section 100B or section 100C.
6837  SECTION 312. Section 6B of chapter 280 of the General Laws, as so appearing, is
6838   hereby amended by striking out, in line 3, the words “18 years” and inserting in place thereof the
6839   following words:- criminal majority.
6840  SECTION 313. Section 2 of chapter 498 of the acts of 1993 is hereby amended by
6841   striking out the definition of “Bank” or “Government land bank” and inserting in place thereof
6842   the following definition:-
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6843  “Bank” or “Government land bank”, the Massachusetts Development Finance Agency
6844   established in section 23G of the General Laws as successor to the Government Land Bank
6845   pursuant to section 23 of chapter 289 of the acts of 1998.
6846  SECTION 314. Item 7066-8110 of section 2 of chapter 113 of the acts of 2018 is hereby
6847   amended by inserting after the word “Bedford”, inserted by section 275 of chapter 238 of the
6848   acts of 2024, the following words:- and for its renovation into an arts and culture community
6849   resource hub connecting downtown arts, commerce and entertainment to working waterfront
6850   venues and activities and funds shall be made available through June 30, 2031.
6851  SECTION 315. Item 8000-2025 of section 2C of chapter 151 of the acts of 2020 is
6852   hereby amended by striking out the words “to automate” and inserting in place thereof the
6853   following words:- , which shall include the automation of.
6854  SECTION 316. Item 1599-6080 of section 2A of chapter 268 of the acts of 2022 is
6855   hereby amended by adding the following words:- “and such funds shall be made available until
6856   June 30, 2028.
6857  SECTION 317. Item 7002-1509 of section 2 of chapter 140 of the acts of 2024 is hereby
6858   amended by adding the following words:- or other similar visa programs.
6859  SECTION 318. Item 7002-1522 of section 2 of chapter 238 of the acts of 2024 is hereby
6860   amended by striking out the words “technologies developed with the assistance of” and inserting
6861   in place thereof the following words:- technologies, with preference for companies receiving.
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6862  SECTION 319. Item 7002-1523 of said section 2 of said chapter 238 is hereby amended
6863   by striking out the words “proteins developed with the assistance of” and inserting in place
6864   thereof the following words:- proteins, with preference for companies receiving.
6865  SECTION 320. Section 316 of chapter 238 of the acts of 2024 is hereby repealed.
6866  SECTION 321. Section 320 of said chapter 238 is hereby repealed.
6867  SECTION 322. Sections 324 of said chapter 238 is hereby repealed.
6868  SECTION 323. Notwithstanding any general or special law to the contrary, the members
6869   serving on the advisory board on employee ownership appointed by the governor pursuant to
6870   subsection (a) of section 204 of chapter 6 of the General Laws on the effective date of this act
6871   shall continue to serve for the remainder of their remainder of their unexpired terms. Upon the
6872   expiration of the terms of such members, the governor shall appoint 2 members to serve for a
6873   term of 1 year, 3 members to serve for a term of 2 years, 3 members to serve for a term of 3
6874   years and 3 members to serve for a term of 4 years. Upon the expiration of such terms, the
6875   governor shall appoint successor members to serve a term of 4 years.
6876  SECTION 324. Notwithstanding any general or special law to the contrary, any
6877   unexpended funds held in the Massachusetts Alternative and Clean Energy Investment Trust
6878   Fund established in section 35FF of chapter 10 of the General Laws and the Renewable Energy
6879   Trust Fund established in section 9 of chapter 23J of the General Laws on the effective date of
6880   this act shall be transferred to the Climatetech Investment Fund established in section 15 of said
6881   chapter 23J.
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6882  SECTION 325. (a) Notwithstanding any general or special law to the contrary, if the
6883   economic assistance coordinating council awards less than the full amount of tax credits
6884   authorized by subsection (c) of section 3D of chapter 23A of the General Laws or if the
6885   Massachusetts Life Science Center awards less than the full amount of tax credits authorized by
6886   subsection (d) of section 5 of chapter 23I of the General Laws or if the Massachusetts Clean
6887   Energy Center awards less than the full amount of tax credits authorized by subsection (d) of
6888   section 16 of said chapter 23J, then in each case, the balance of any unallocated tax credits and
6889   the funds budgeted to finance that balance may be carried forward to the next calendar year with
6890   the approval of the secretary of administration and finance, in consultation with the secretary of
6891   economic development.
6892  (b) Notwithstanding any general or special law to the contrary, the secretary of
6893   administration and finance, in consultation with the secretary of economic development, may
6894   reallocate some or all of the tax credits that are carried forward pursuant to subsection (a) among
6895   the tax credit programs established pursuant to section 3A of chapter 23A of the General Laws,
6896   section 5 of chapter 23I of the General Laws or section 16 of chapter 23J of the General Laws.
6897   Any credits carried forward or reallocated shall increase, for the calendar year in which the carry
6898   forward or reallocation occurs, the annual cap or limitation otherwise applicable to the receiving
6899   program by the amount of such credits carried forward or reallocated.
6900  (c) Annually, not later than March 1, the secretary of administration and finance, in
6901   consultation with the secretary of economic development, shall submit a report to the house and
6902   senate committees on ways and means setting forth the amount of tax credits, if any, carried
6903   forward and reallocated pursuant to subsections (a) and (b) in the prior calendar year. The report
6904   shall state the adjusted cap applicable to each tax credit program for the upcoming calendar year.
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6905  SECTION 326. (a) As used in this section, the followings words shall have the following
6906   meanings unless the context clearly requires otherwise:
6907  “Economic development rates”, standardized utility tariffs and discounted rates offered
6908   by a distribution company designed to attract new businesses to the commonwealth and promote
6909   expansion by businesses already located in the commonwealth.
6910  “Special contracts”, discounted utility rates negotiated between distribution companies
6911   and large new businesses locating to the commonwealth or large new businesses expanding in
6912   the commonwealth.
6913  (b) The department of public utilities shall initiate an investigation into electric
6914   distribution tariffs, rates, and interconnection requirements that support economic development
6915   by attracting new businesses to the commonwealth and promoting the expansion of existing
6916   businesses. The investigation shall be initiated more than 90 days after the effective date of this
6917   act.
6918  (c) The department may consider rate design elements, tariff structures and customer
6919   eligibility frameworks, including but not limited to: (i) the establishment of separate customer
6920   classes or categories based on load characteristics; (ii) appropriate rate structures, including
6921   demand based or capacity based charges; (iii) potential economic development rates for
6922   qualifying new businesses; (iv) minimum demand requirements or other mechanisms to provide
6923   revenue certainty; (v) minimum terms of service, including provisions addressing load ramp up
6924   periods; (vi) exit fees, termination provisions or other forms of financial assurance; (vii) cost
6925   allocation methodologies; (viii) requirements for the use of special contracts; and (ix)
6926   mechanisms to ensure that proposed rates do not increase or shift costs to other ratepayers.
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6927  (d) The department shall ensure any rate structures developed pursuant to this section
6928   support economic development, maintain just and reasonable rates and avoid shifting costs to
6929   other customers.
6930  (e) The department shall consult with the executive office of economic development to
6931   align regulatory frameworks with statewide economic development objectives. The executive
6932   office of economic development shall establish all necessary requirements and qualification
6933   criteria to ensure economic benefits for the commonwealth prior to the establishment of any
6934   economic development rates.
6935  SECTION 327. Notwithstanding any general or special law to the contrary, the
6936   unexpended and unencumbered balances of the bond-funded authorizations in the following
6937   accounts shall cease to be available for expenditure 180 days after the effective date of this act:
6938  7002-8013
6939  7002-8016
6940  7002-8017
6941  7002-8022
6942  7002-8035
6943  7002-8037
6944  7002-8038
6945  7002-8041
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6946  7002-8049
6947  SECTION 328. Notwithstanding any general or special law to the contrary, to meet the
6948   expenditures necessary in carrying out section 3A, the state treasurer shall, upon receipt of a
6949   request by the governor, issue and sell bonds of the commonwealth in an amount to be specified
6950   by the governor from time to time but not exceeding, in the aggregate, $325,100,000. All bonds
6951   issued by the commonwealth, as aforesaid, shall be designated on their face “An Act Relative to
6952   Massachusetts Winning Global Investment, Talent, and Innovation” and shall be issued for a
6953   maximum term of years, not exceeding 30 years, as the governor may recommend to the general
6954   court pursuant to section 3 of Article LXII of the Amendments to the Constitution All such
6955   bonds shall be payable not later than June 30, 2061. All interest and payments on account of
6956   principal on such obligations shall be payable from the General Fund. Bonds and interest thereon
6957   issued under the authority of this section shall, notwithstanding any other provision of this act, be
6958   general obligations of the commonwealth.
6959  SECTION 329. Notwithstanding any general or special law to the contrary, the annual
6960   report required by subsection (g) of section 17 of chapter 23J of the General Laws shall be due
6961   not later than 1 year after the effective date of this act.
6962  SECTION 330. Notwithstanding section 64 of chapter 90 of the General Laws or any
6963   other special or general law to the contrary, an electric bicycle purchased or acquired before the
6964   effective date of said section 64 of said chapter 90 may continue to be operated in the
6965   commonwealth without meeting the battery or electrical system safety standards required by
6966   subsections (b) and (c) of said section 64 of said chapter 90.
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6967  SECTION 331. (a) There shall be a working group on micromobility which shall consist
6968   of: the registrar of motor vehicles or a designee, who shall serve as chair; the administrator of
6969   highways in the Massachusetts Department of Transportation or a designee; the secretary of
6970   public safety and security or a designee; the commissioner of insurance or a designee; the
6971   commissioner of conservation and recreation or a designee; the commissioner of public health or
6972   a designee; 1 representative of the Massachusetts Municipal Association who shall appointed by
6973   the secretary of the of transportation; 2 persons to be appointed by the secretary of transportation,
6974   of whom 1 shall be a representative of the micromobility device industry and 1 shall be a
6975   representative of a citizen advocacy group 1 person who shall be a representative of the
6976   insurance industry who shall be appointed by the commissioner of insurance; and 2 persons to be
6977   appointed by the secretary of public safety and security, of whom 1 shall be a representative of
6978   the Fire Chiefs Association of Massachusetts and 1 hall be a representative of the Massachusetts
6979   Chiefs of Police Association.
6980  (b) The working group shall develop recommendations for a regulatory scheme and
6981   legislation, if necessary, for the operation of micromobility devices as provided in the January
6982   2026 special commission on micromobility report. The working group shall make
6983   recommendations for requirements for micromobility registration or an identification decal,
6984   licensure to operate, clarification of the roles of dealers and manufacturers, education, speed
6985   restrictions, signage, travel allowances, insurance requirements, fines and penalties and
6986   additional operation and safety standards and requirements for micromobility devices.
6987  (c) The working group shall develop a standardized form to report crashes and incidents
6988   involving a motor vehicle, a vulnerable user as defined in section 1 of chapter 90 of the General
6989   Laws or any micromobility device as defined in said section 1 of said chapter 90. The
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6990   standardized form shall be used by any municipal, county or state law enforcement official or
6991   emergency medical services provider who responds to a crash or incident involving a motor
6992   vehicle, a vulnerable user or a micromobility device. The corresponding report for each crash or
6993   incident shall be transmitted to the registrar of motor vehicles. The registrar of motor vehicles
6994   shall maintain a publicly accessible database of the standardized form reports; provided,
6995   however, that no personally identifying information shall be published in the database.
6996  (d) Not later than December 31, 2027, the working group shall complete its work and
6997   issue a report of its findings, recommendations and any proposed legislation necessary to carry
6998   those recommendation into effect by filing the same with the clerks of the senate and house of
6999   representatives and the joint committee on transportation and publishing the same on its website.
7000  SECTION 332. (a) There shall be a special commission to conduct a comprehensive
7001   study and provide recommendations regarding the use of territorial and other rating factors
7002   considered by insurance companies that may result in disparities when setting automobile
7003   insurance premiums.
7004  (b) The commission shall consist of: the chairs of the joint committee on financial
7005   services, who shall serve as co-chairs; 2 members appointed by senate president, who shall be
7006   members of the Massachusetts Black and Latino caucus; 2 members appointed by the speaker of
7007   the house of representatives, who shall be members of the Massachusetts Black and Latino
7008   caucus; 1 member appointed by the minority leader of the senate; 1 member appointed by the
7009   minority leader of the house of representatives; the attorney general or a designee; the
7010   commissioner of insurance or a designee; the executive director of the Massachusetts Insurance
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7011   Federation, Inc.; the executive director of the National Consumer Law Center, Inc.; and a
7012   representative of the Consumer Federation of America.
7013  (c) The commission shall investigate and study: (i) the use of zip code, garaging location
7014   and geographical area in setting automobile insurance rates or coverage decisions in the
7015   commonwealth; (ii) other factors that may be used in rating that are potentially discriminatory in
7016   nature; (iii) the impact on automobile insurance premiums when zip code, garaging location and
7017   geographical area are used in determining automobile insurance rates; (iv) how automobile
7018   insurance rates are currently calculated by insurance companies providing auto insurance in the
7019   commonwealth; (v) structural changes to the calculation of rates that would narrow disparities in
7020   auto insurance premiums by territory; and (vi) any other relevant information for the legislature’s
7021   consideration.
7022  (d) The commission shall submit a report of its findings and recommendations, including
7023   any proposed legislation, to the clerks of the senate and house of representatives not later than
7024   August 1, 2027.
7025  SECTION 333. (a) The department of higher education, in collaboration with the
7026   executive office for administration and finance, shall study and report on adjunct faculty at
7027   public institutions of higher education which shall include, but not be limited to: (i) current data
7028   and practices for utilization of adjunct faculty; (ii) compensation and benefits available to
7029   adjunct faculty members and other professional staff at such public institutions of higher
7030   education including, but not limited to, benefits available through spouses and through other
7031   employment; (iii) best practices in employment and compensation of adjunct faculty in other
7032   states; (iv) recommendations for hiring full-time faculty and for achieving a balanced utilization
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7033   of adjunct faculty; and (v) options to provide adjunct faculty members with benefits including,
7034   but not limited to, health insurance and retirement benefits that are available to other benefited
7035   public employees and projected costs for such options; provided, however, that such options
7036   shall include, but not be limited to, cost estimates, potential funding mechanisms and eligibility
7037   criteria.
7038  (b) The department shall hold not less than 3 public hearings including, but not limited to,
7039   opportunities for participation by representatives of the University of Massachusetts, state
7040   universities, community colleges, adjunct faculty, faculty unions, students and campus
7041   administrators.
7042  (c) Not later than September 1, 2028, the department shall file a report of its findings,
7043   recommendations and any proposed legislation necessary to carry those recommendations into
7044   effect with the clerks of the senate and house of representatives and the senate and house
7045   committees on ways and means and shall publish it on its website.
7046  SECTION 334. (a) There shall be a special commission to study and develop a
7047   comprehensive framework for the creation of a municipal and public safety building authority,
7048   an independent state authority dedicated to assisting municipalities with the construction and
7049   rehabilitation of public safety and municipal buildings.
7050  (b) The commission shall consist of: 3 members of the senate, 1 of whom shall be
7051   appointed by the minority leader; 3 members of the house of representatives, 1 of whom shall be
7052   appointed by the minority leader; the secretary of administration and finance or a designee; the
7053   director of rural affairs or a designee; 2 members appointed by the governor with demonstrated
7054   expertise in municipal finance, public facility planning or design or municipal infrastructure; the
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7055   state treasurer or a designee; 3 representatives of Massachusetts Municipal Association, Inc.
7056   representing diverse geographic regions and forms of local government in the commonwealth; 1
7057   representative of Massachusetts Taxpayers Foundation, Inc.; 1 representative of Massachusetts
7058   Chiefs of Police Association Incorporated; 1 representative of Fire Chiefs’ Association of
7059   Massachusetts, Inc.; 1 representative of Massachusetts Federation of Building Officials, Inc.;
7060   and 1 representative of the New England Chapter of the American Public Works Association
7061   who shall be a resident of the commonwealth. The commission shall elect a chair by a majority
7062   vote of the members.
7063  (c) The commission shall examine the need for an independent authority dedicated to
7064   assisting municipalities with the construction and rehabilitation of public safety and municipal
7065   buildings and related funding mechanisms, technical assistance, priority assessments and
7066   financial impacts. The commission shall review all aspects of municipal building infrastructure,
7067   including, but not limited to, city and town halls, public safety facilities, public works facilities,
7068   emergency operations centers, emergency communications facilities and other municipal
7069   buildings owned or operated by cities and towns. The commission shall examine:
7070  (i) the current status of and mechanisms for funding municipal building infrastructure and
7071   whether the current funding mechanisms adequately meet the needs for municipal building
7072   infrastructure;
7073  (ii) the need and feasibility of designing a governance and operational model for an
7074   independent municipal building authority modeled after successful state building programs,
7075   including, but not limited to, the Massachusetts School Building Authority established in chapter
7076   70B of the General Laws;
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7077  (iii) sustainable, long-term revenue sources to support the long-term operations of the
7078   authority;
7079  (iv) protocols for providing municipalities with technical assistance including, but not
7080   limited to, architectural, engineering, procurement, capital planning, project management,
7081   maintenance planning, facility assessment, sustainability and climate resilience planning,
7082   throughout all phases of public building projects;
7083  (v) objective criteria for evaluating and prioritizing municipal projects based upon life
7084   safety, structural condition, code compliance, accessibility, climate resiliency, climate
7085   adaptation, deferred maintenance, operational efficiency, regional significance, public service
7086   impacts and overall community benefit;
7087  (vi) cost-sharing formulas and grant and loan structures to ensure equitable access for all
7088   cities and towns; and
7089  (vii) the feasibility of creating and maintaining a comprehensive statewide inventory of
7090   municipal and public safety buildings.
7091  (d) Not later than September 1, 2028, the commission shall submit a report of its findings
7092   and recommendations, including any legislation necessary to implement those recommendations,
7093   to the clerks of the senate and house of representatives and the senate and house committees on
7094   ways and means.
7095  SECTION 335. The executive office of housing and livable communities shall establish a
7096   pilot program with not more than 5 communities in which cities and towns may apply to
7097   participate to provide opportunities for tenants to collectively purchase their building when it is
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7098   up for sale. A community interested in participating in the pilot program shall accept this section
7099   by a local vote under section 4 of chapter 4 of the General Laws and shall submit an application
7100   to the executive office. The executive office shall promulgate regulations and issue guidelines to
7101   implement the program within 180 days of the effective date of this act, which shall consider
7102   regional equity, address the assignability of rights to preserve the long-term affordability of the
7103   program, and be designed to help communities with high rates of displacement to encourage
7104   housing stability while maintaining polices to promote housing access and affordability. The
7105   pilot program shall be in place for not more than 5 years after its creation in a community that
7106   participates in the program. After each year and upon the conclusion of the community’s 5-year
7107   pilot program under this section, the executive office shall produce a report indicating the
7108   effectiveness of the program including, but not limited to, the number of housing units
7109   purchased, number of evictions or other displacement avoided, any obstacles to sales and other
7110   recommendations to help housing stability and affordability. Annually, the executive office shall
7111   submit the report to the clerks of the senate and house of representatives and the joint committee
7112   on housing.
7113  SECTION 336. Not less than 270 days after the effective date of this act, each electric
7114   company shall share with the board established in section 17 of chapter 23J the processes they
7115   plan to implement to address gridtech deployment barriers internal to the electric company. Such
7116   processes shall include procedures for addressing barriers identified by the board pursuant to
7117   subsection (g) of section 17 of chapter 23J. Such processes shall be as similar between the
7118   investor-owned electric companies as practicable.
7119  SECTION 337. Not less than 270 days after the effective date of this act, the board
7120   established in section 17 of chapter 23J shall develop and vote to file with the department of
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7121   public utilities a process for the department to review, on an expedited basis, requests for limited
7122   waivers of prior department orders that will alleviate gridtech deployment barriers. Such process
7123   shall be limited to reviewing waivers of prior department orders that are time-bound and finite in
7124   scope.
7125  SECTION 338. Not later than 2 years after the effective date of this act, the department
7126   of youth services shall file a report with the clerks of the senate and house of representatives and
7127   the senate and house committees on ways and means detailing the impact of integrating 18 year
7128   olds into the care and custody of the department of youth services. The report shall include, but
7129   not limited to: (i) the number of 18 year olds in the custody of the department of youth services;
7130   and (ii) the offenses committed.
7131  SECTION 339. Sections 63, 64 and 72 shall take effect for all municipalities upon the
7132   effective date of this act; provided, however, that in municipalities that adopted a zoning
7133   ordinance or by-law requiring some form of site plan review prior to the effective date of this act,
7134   the provisions of this section shall not be effective with respect to such zoning ordinance or by-
7135   law until the date that is one year after the effective date of this act.
7136  SECTION 340. No plan by a city or town to change the number of licenses available
7137   under chapter 138 of the General Laws shall take effect prior to January 1, 2027. The number of
7138   licenses authorized under said chapter 138 for each city and town prior to January 1, 2027, shall
7139   remain unchanged unless changed by the mayor and city council or select board pursuant to a
7140   plan adopted under section 17 of said chapter 138.
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7141  SECTION 341. Not later than 1 year after the effective date of this act, the commissioner
7142   of public health shall promulgate regulations as required by section 250 of chapter 111 of the
7143   General Laws.
7144  SECTION 342. Not later than January 1, 2028 the attorney general shall complete the
7145   first report required by subsection (a) of section 4 of chapter 93M of the General Laws.
7146  SECTION 343. Not later than January 1, 2029 the attorney general shall complete the
7147   first report required by subsection (g) of section 3 and subsection (d) of section 4 of chapter 93M
7148   of the General Laws.
7149  SECTION 344. Not later than September 1, 2027, the department of transportation shall
7150   promulgate regulations to establish the requirements, standards and processes for a city or town's
7151   participation in the automated road safety enforcement program established under chapter 90L of
7152   the General Laws. The regulations shall include, but not be limited to: (i) establishing
7153   standardized forms for notices of violations and written warnings; (ii) developing uniform
7154   signage and distance requirements for the purpose of complying with subsection (a) of section 5
7155   of said chapter 90L; (iii) establishing guidance for the calibration and verification of automated
7156   road safety camera systems under subsection (b) of section 6 of said chapter 90L; and (iv)
7157   establishing provisions for protecting data collected by an automated road safety camera system
7158   from unauthorized access.
7159  SECTION 345. Not more than 180 days after the effective date of this act or 180 days
7160   after the date on which a frontier developer first qualifies as a large frontier developer, whichever
7161   is later, a large frontier developer shall post its risk report required under subsection (c) of
7162   section 2 of chapter 93M of the General Laws.
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7163  SECTION 346. The requirement of an annual audit under subsection (a) of section 3A of
7164   chapter 93M of the General Laws shall take effect on January 1, 2027 or 180 days after the date
7165   on which a frontier developer first qualifies as a large frontier developer, whichever is later.
7166  SECTION 347. The requirement for an independent evaluation of a developer’s frontier
7167   models with respect to each category of catastrophic risk under subsection (b) of section 3A of
7168   chapter 93M of the General Laws shall take effect on January 1, 2027 or 180 days after the date
7169   on which a frontier developer first qualifies as a large frontier developer, whichever is later.
7170  SECTION 348. Not later than 1 year after the effective date of this act, the attorney
7171   general shall develop the independent evaluation ecosystem plan required under subsection (d) of
7172   section 3A of chapter 93M of the General Laws.
7173  SECTION 349. Section 9A 1/2 of chapter 40A of the General Laws shall not apply to an
7174   establishment licensed and in operation on the effective date of this act.
7175  SECTION 350. Subsection (ii) of section 6 of chapter 62 of the General Laws, inserted
7176   by section 194 of said chapter 238 of the acts of 2024, shall take effect for taxable years
7177   beginning on or after January 1, 2027.
7178  SECTION 351. Section 38UU of chapter 63 of the General Laws shall take effect for
7179   taxable years beginning on or after January 1, 2027.
7180  SECTION 352. Sections 5, 158, 159 and 163 shall take effect on September 1, 2027.
7181  SECTION 353. Sections 6, 7A, 56, 106 and 176 to 179, inclusive, 271, sections 273 to
7182   279, inclusive, sections 282 to 291, inclusive, sections 301 to 305, inclusive, and section 312
7183   shall take effect 1 year after the effective date of this act.
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7184  SECTION 354. Section 11 and sections 305 to 309, inclusive, shall take effect: (i) upon
7185   certification by the commissioner of probation to the governor and the general court that an
7186   automated sealing system is ready for implementation; or (ii) July 1, 2030, whichever comes
7187   first. Within 3 months of the effective date, the commissioner shall seal all records of past
7188   criminal and juvenile court appearances and dispositions and juvenile offenses on file with the
7189   commissioner that are eligible to be automatically sealed pursuant to sections 100A and 100B of
7190   chapter 276 of the General Laws.
7191  SECTION 355. Sections 67, 69, 70, 71, 74, 75, 109, 120, 124, 106 and 265 and chapter
7192   93M of the General Laws shall take effect on July 1, 2027.
7193  SECTION 356. Section 123 shall apply to all taxable years beginning on or after January
7194   1, 2022.
7195  SECTION 357. Section 135 shall take effect on January 1, 2033.
7196  SECTION 358. Sections 140 to 155, inclusive, 157 and sections 160 to 162, inclusive,
7197   shall take effect on January 1, 2028.
7198  SECTION 349. Section 270 shall take effect as of July 8, 2012.
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