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An Act relative to discrimination against cash buyers
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H307
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HD1588
| 193
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T15:49:42.247'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T15:49:42.2466667'}]
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 307) of Colleen M. Garry for legislation to require that all establishments be required to accept cash for transactions. Consumer Protection and Professional Licensure.
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SECTION 1. Section 10A of chapter 255D of the General Laws is hereby amended by at the end thereof, the following words: "No retail or service establishment of any kind shall require the transfer of cash into electronic debit or credit cards to process transactions. All establishments shall be required to accept cash for any transaction."
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An Act authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the town of Lancaster to Robert F. Kennedy Community Alliance, Inc.
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H3070
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HD2512
| 193
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{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T12:28:45.13'}
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[{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T12:28:45.13'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T13:59:08.91'}]
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T13:59:06.02'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3070/DocumentHistoryActions
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Bill
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By Representative Kilcoyne of Clinton and Senator Cronin, a joint petition (accompanied by bill, House, No. 3070) of Meghan Kilcoyne and John J. Cronin that the commissioner of the Division of Capital Asset Management and Maintenance be authorized to convey certain land in the town of Lancaster to Robert F. Kennedy Community Alliance, Inc.. State Administration and Regulatory Oversight.
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Chapter 185 of the acts of 2000 is hereby amended by inserting after section 5 the following 2 sections:-
SECTION 5A. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance shall convey a certain parcel of land, originally leased to Robert F. Kennedy Children’s Action Corps, Inc. pursuant to section 1, in the town of Lancaster, containing approximately 25 acres and is a portion of the property described in deeds recorded in the Worcester registry of deeds in: (i) book 639, page 254, (ii) book 639, page 255, (iii) book 549, page 192, (iv) book 549, page 194 and (v) book 2642, page 4852, to said Robert F. Kennedy Children’s Action Corps, Inc. or its successor. The parcel is more particularly described in section 1 and is shown as “Robert F. Kennedy Children’s Action Corps Lease Area” on a plan entitled, “Lancaster Complex” prepared by Design Professionals, Inc. and dated November 2, 2018, which plan is on file with the department of capital asset management and maintenance. The final boundaries of the parcel may be determined by the commissioner of capital asset management and maintenance.
The parcel being conveyed shall be used by Robert F. Kennedy Community Alliance, Inc. and its successors and assigns to: (1) care for the children entrusted to it by the commonwealth, (2) support and enhance its mission of promoting meaningful and sustained well-being for children, youth, and adults facing educational, developmental, mental health or other challenges, and (3) care for the land. The parcel shall be conveyed by deed without warranties or representations by the commonwealth. The conveyance shall be subject to such additional conditions and restrictions as the commissioner of capital asset management and maintenance may determine.
(b) The deed or other instrument conveying the parcel to Robert F. Kennedy Community Alliance, Inc. or its successor shall provide that the parcel shall be used for the purposes in subsection (a) and shall include a reversionary clause that stipulates that if the parcel ceases at any time to be used for the said purposes of subsection (a) by Robert F. Kennedy Community Alliance, Inc. and its successors and assigns, title to the parcel shall, at the election of the commonwealth, revert to the commonwealth. If any interest reverts to the commonwealth, any further disposition shall be subject to sections 34 to 37, inclusive, of chapter 7C of the General Laws and the prior approval of the general court. The reversionary clause shall be enforceable notwithstanding the time limit set forth in section 7 of chapter 184A of the General Laws.
(c) The consideration for the conveyance of the parcel pursuant to this section shall be nominal consideration.
(d) Notwithstanding any general or special law to the contrary, Robert F. Kennedy Community Alliance, Inc. or its successor shall be responsible for all costs and expenses of any transaction authorized by this section as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the conveyance of the parcel. Robert F. Kennedy Community Alliance, Inc. or its successor shall acquire the property thereon in its present condition. Upon the recording of the deed conveying the parcel to Robert F. Kennedy Community Alliance, Inc., Robert F. Kennedy Community Alliance, Inc. and its successors and assigns shall be responsible for all costs, liabilities and expenses for its ownership.
(e) Notwithstanding any general or special law to the contrary, Robert F. Kennedy Community Alliance, Inc. and its successors and assigns shall be responsible for all costs, liabilities and expenses for as a result of events occurring after the execution of the lease authorized in section 1 and notice recorded in the Worcester registry of deeds in book 36672, page 50, including, but not limited to, any environmental remediation necessary, and the obligation of the Robert F. Kennedy Community Alliance, Inc. to indemnify the commonwealth for certain environmental damages pursuant to section 8.3 of article 8 of said lease shall survive the termination of said lease. No agreement for the sale, transfer or other disposition of the property and no deed executed by or on behalf of the commonwealth, shall be valid unless the agreement or deed contains a restatement of the first sentence of this subsection.
SECTION 5B. The lease authorized by section 1 shall terminate upon acceptance of the deed or other instrument conveying the parcel to Robert F. Kennedy Community Alliance, Inc. or its successor by said Robert F. Kennedy Community Alliance, Inc. or its successor.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith authorize the transfer of a certain parcel of land in the town of Lancaster to Robert F. Kennedy Community Alliance, Inc., therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act relative to the submission of design-build proposals
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H3071
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HD2397
| 193
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{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T12:57:15.907'}
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[{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T12:57:15.9066667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-01T10:39:41.5833333'}]
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Bill
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By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 3071) of Meghan Kilcoyne and Jacob R. Oliveira relative to the submission of design-build proposals. State Administration and Regulatory Oversight.
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Section 1. Subsection (b) of section 20 of chapter 149A of the General Laws is hereby amended by striking the last sentence and inserting in place thereof the following: The awarding authority shall require the sealed price proposal to be submitted no more than five calendar days after submission of the sealed technical proposal.
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An Act relative to fairness in public contracting
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H3072
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HD2398
| 193
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{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T13:01:16.11'}
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[{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T13:01:16.11'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-24T11:25:49.6566667'}]
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Bill
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By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 3072) of Meghan Kilcoyne relative to contracts of the Division of Highways. State Administration and Regulatory Oversight.
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Section 1. Notwithstanding any general or special law to the contrary, the division of highways, as established by Section 37 of Chapter 6C of the General Laws, is hereby directed to amend its standard specifications, supplemental specifications, special provisions, and contract documents to provide for a minimum of 15 percent for overhead for work deemed to be additional work or extra work.
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An Act relative to public construction certification
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H3073
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HD2401
| 193
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{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T13:03:22.35'}
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[{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T13:03:22.35'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-24T11:25:38.7033333'}]
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Bill
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By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 3073) of Meghan Kilcoyne relative to public construction certification. State Administration and Regulatory Oversight.
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Section 1. Subsection (2) of Section 44D of Chapter 149 of the General Laws is hereby amended by striking the words “over the past five years” and replacing it with the following: over the past ten years
Section 2: Subsection (3) of Section 44D of Chapter 149 of the General Laws is hereby amended by inserting after the words “showing the classes of work and aggregate amount of work on which the applicant is eligible to bid” the following:- ;provided, the division shall establish an annual inflationary increase, based upon the Producer Price Index as published by the U.S. Bureau of Labor Statistics, for applicants seeking recertification.
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An Act relative to school transportation contracts
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H3074
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HD2637
| 193
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{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T15:13:24.177'}
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[{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T15:13:24.1766667'}]
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Bill
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By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 3074) of Meghan Kilcoyne relative to electric vehicle school transportation contract procurements. State Administration and Regulatory Oversight.
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Section 5 of chapter 30B of the General Laws, as appearing in Official Edition, is hereby amended by inserting after the word “bidder” in 96, the following:-
; provided however, for bids for school transportation contracts that include electric vehicles, the procurement officer shall consider all criteria set forth in the invitation for bids when awarding said contract
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An Act relative to Rosa Parks Day
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H3075
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HD540
| 193
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{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T13:41:44.227'}
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[{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T13:41:44.2266667'}, {'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-01-13T13:43:46.96'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-30T10:23:55.3133333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-02-17T17:30:42.75'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-30T15:41:21.0966667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:10:29.2766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:19:39.5066667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:45:20.07'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T12:43:46.35'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:16:18.4233333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T12:49:26.9433333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-26T15:22:37.8633333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T14:11:20.79'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T19:18:18'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-14T13:02:41.1833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-01T13:21:50.43'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T12:06:21.9966667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-14T10:55:38.3666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:24:06.1233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:53:41.16'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-02-04T17:10:21.4866667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-26T11:48:52.16'}]
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{'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-01-13T13:41:44.227'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3075/DocumentHistoryActions
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Bill
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By Representatives Kushmerek of Fitchburg and Diggs of Barnstable, a petition (accompanied by bill, House, No. 3075) of Michael P. Kushmerek, Kip A. Diggs and others for the issuance of an annual proclamation by the Governor to designate the fourth of February as Rosa Parks day. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after Section 15BBBBBB, the following section:-
The Governor shall annually issue a proclamation setting aside February fourth as Rosa Parks Day, in lasting recognition of a historic civil rights leader and recommend that the day be observed in an appropriate manner by the people.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith February 4th as Rosa Parks Day, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act relative to the official amphibian of the Commonwealth
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H3076
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HD2570
| 193
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{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T14:43:25.46'}
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[{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T14:43:25.46'}]
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Bill
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By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 3076) of Michael P. Kushmerek for legislation to designate the Spring Peeper as the official amphibian of the Commonwealth. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 2 of the General Laws is hereby amended by adding the following section:-
Section 64. The Spring Peeper shall be the official amphibian of the Commonwealth.
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An Act relative to Chapter 30B procurement through RFPs and cooperative contracts
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H3077
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HD2797
| 193
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{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T16:31:17.157'}
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[{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T16:31:17.1566667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-16T15:10:08.8433333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-23T21:06:28.2766667'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-10T10:17:55.2933333'}]
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Bill
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By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 3077) of Michael P. Kushmerek and Jonathan D. Zlotnik relative to certain procurements through requests for proposals and cooperative contracts. State Administration and Regulatory Oversight.
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SECTION 1. Section 4 of chapter 30B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) Except as permitted pursuant to this section and section 7, for the procurement of a supply or service for a governmental body in the amount of $10,000 or greater, but not more than $50,000, a procurement officer shall seek written quotations from no fewer than 3 persons customarily providing the supply or service; provided, however, that for the procurement of a supply or service for a municipal or regional school district such amount shall be $10,000 or greater, but not more than $100,000. The procurement officer shall record: (1) the names and addresses of all person from whom quotations were sought, (2) the purchase description used for the procurement, (3) the names of the persons submitting quotations and (4) the date and amount of each quotation. Such information shall be retained in the file required pursuant to section 3. A governmental body may require that any procurement for a governmental body in an amount of not more than $50,000 be subject to section 5 or section 6; provided, however, that any procurement for a municipal or regional school district such amount shall be not more than $100,000.
SECTION 2. Section 4 of chapter 30B of the General Laws is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) The procurement officer shall award the contract to the responsible person offering the needed quality of supply or service at the lowest quotation unless the procurement officer elected to procure the supply or service subject to section 6. If the supply or service was procured subject to section 6, the procurement officer shall award the contract pursuant to section 6 subsection (g).
SECTION 3. Section 6 of said Chapter 30B is hereby amended in paragraph (a) by inserting after the figure “$50,000” the following words: “except as permitted pursuant to section 4 subsection (a),”
SECTION 4. Section 22 of said Chapter 30B is hereby amended by striking out Section 22 in its entirety and inserting in place thereof the following section:- Section 22. A public procurement unit may participate in, sponsor, conduct or administer a cooperative purchasing agreement for the procurement of supplies and services bid in accordance with Massachusetts General Law Chapter 30B with public procurement units or external procurement activities in accordance with an agreement entered into between the participants. The public procurement unit conducting the procurement of supplies and services shall do so in a manner that constitutes a full and open competition.
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An Act relative to Treasury operations
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H3078
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HD2714
| 193
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{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-19T15:47:13.433'}
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[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-19T15:47:13.4333333'}, {'Id': None, 'Name': 'Deborah B. Goldberg', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-23T08:53:46.1733333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-09T14:53:09.3633333'}]
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Bill
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By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 3078) of David Henry Argosky LeBoeuf, Deborah B. Goldberg and Lindsay N. Sabadosa for legislation to further regulate certain operations of the Department of the State Treasurer. State Administration and Regulatory Oversight.
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SECTION 1. Section 1 of chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (b) the following subsection:-
(c) The department of the state treasurer, as organized in this chapter, may charge for the reasonable costs of providing services to any state agency, department or authority, as defined by section 1 of chapter 29.
SECTION 2. Section 34 of chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 8, the figure “6” and inserting in place thereof the figure:- 12
SECTION 3. Section 34A of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 23 through 25, the words “: or the certificate of the state treasurer stating that cash or securities have been deposited with said treasurer as provided in section thirty-four D”.
SECTION 4. Section 34D of said chapter 90 of the General Laws is hereby repealed.
SECTION 5. Section 24A of chapter 93 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “sufficient bond” the following:- or acceptable bond documentation
SECTION 6. Section 26 of said chapter 93 of the General Laws, as so appearing, is hereby amended by striking out the third and fourth sentences and inserting in place thereof the following sentences:- The bond shall not be accepted unless it or acceptable bond documentation is made accessible to the state treasurer after having been examined and approved by the commissioner of banks. Upon approval by the commissioner of banks, the said bond or acceptable bond documentation shall be accessible to the state treasurer.
SECTION 7. Said chapter 93, as so appearing, is hereby amended by striking section 27 and inserting in place thereof the following new section:-
Section 27. The state treasurer shall keep a record open to public inspection of the approved bonds or applicable bond documentation accessible to the treasurer under the preceding section.
SECTION 8. Chapter 148 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking sections 19 to 20B, inclusive, and inserting in place thereof the following sections:-
Section 19. No person shall conduct blasting operations unless such person has applied for and obtained a certificate of competency issued by the marshal. Any person wishing to obtain said certificate shall make application on a form approved by the marshal. A fee set annually by the secretary of administration and finance, pursuant to section 3B of chapter 7, shall accompany said application. The fee shall cover the costs of the application and certificate if issued. No portion of said fee shall be refundable. Upon receipt of said application and fee, the marshal shall arrange for the applicant to be examined as to the applicant’s experience and ability to conduct blasting operations. If the applicant is found to be qualified, said applicant shall forthwith be issued a certificate of competency. Said certificate shall be valid throughout the commonwealth for a period not to exceed 24 months from the date of issue. Once issued, said certificate may be renewed after its expiration and without examination, upon payment of a fee as determined by the secretary of administration and finance. However, no certificate may be renewed without examination and fee if said certificate has been in effect in excess of 7 years from the date of original issue. The holder of a certificate of competency whose certificate is lost, misplaced or stolen may obtain a duplicate certificate from the marshal upon payment of a fee as determined by the secretary of administration and finance pursuant to said chapter 7.
Section 20. No person shall conduct any blasting operations in any city or town unless said person has applied for and been issued an explosive user’s certificate issued by the marshal and in accordance with the rules and regulations of the board of fire prevention regulations.
No explosive user’s certificate shall be issued without the applicant having first obtained and filed with the marshal, a certificate of insurance demonstrating the issuance of a comprehensive general liability insurance policy providing coverage for bodily injury and property damage, with limits of no less than $1 million per person, $5 million per occurrence, and $5 million in the aggregate, for bodily injury, and no less than $1 million per occurrence, and $5 million in the aggregate, for property damage for loss, damage or injury which results from the blasting of rock or keeping of explosives. As a continuing condition of maintaining a valid explosive user’s certificate, the insurance policy shall be maintained by the holder and kept in force at all times. In the event the required insurance is terminated or expires, the explosive user’s certificate will become void until full coverage is restored.
The insurance policy shall be issued by an insurance company authorized to do business in the commonwealth. Each insurance policy shall provide for at least a 30 day notice by certified mail to the marshal as a condition of the policy, of any material change, cancellation or expiration of the policy. The insurance policy shall be in effect for a minimum of one year from the date of the issuance of the explosive user’s certificate. The city or town where the blasting is to be done shall be named as additional insureds under the insurance policy.”.
SECTION 9. Said chapter 148, as so appearing, is hereby further amended by striking sections 40 to 43, inclusive, and inserting in place thereof the following section:-
Section 40. No person shall manufacture, keep or store fireworks, in any quantity, except as permitted by the board of fire prevention regulations, in any building or structure unless said person has applied for and been issued a fireworks users certificate. In addition, no person shall use, discharge, fire off, explode or display fireworks by himself or his agents unless said person has applied for and been issued a fireworks users certificate by the marshal in accordance with the rules and regulations of the board.
No fireworks user’s certificate shall be issued without the applicant having first obtained and filed with the marshal, a certificate of insurance demonstrating the issuance of a comprehensive general liability insurance policy providing coverage for bodily injury and property damage, with limits of no less than $1 million per person, $2 million per occurrence, and $2 million in the aggregate, for bodily injury, and no less than $1 million per occurrence, and $2 million in the aggregate, for property damage for loss, damage, or injury which results from the keeping, discharging, firing off, exploding or display of fireworks. As a continuing condition of maintaining a valid fireworks user’s certificate, the insurance policy shall be maintained by the holder and kept in force at all times. In the event the required insurance is terminated or expires, the fireworks user’s certificate will become void until full coverage is restored.
The insurance policy shall be issued by an insurance company authorized to do business in the commonwealth. Each insurance policy shall provide for at least a 30 day notice by certified mail to the marshal as a condition of the policy, of any material change, cancellation or expiration of the policy. The insurance policy shall be in effect for a minimum of one year from the date of the issuance of the fireworks user’s certificate.
For purposes of this section, the word “loss” shall include the reasonable expense of a city or town incurred in the extinguishing of fires caused by the discharging, firing off, exploding, displaying or keeping of fireworks.”
SECTION 10. Section 4 of chapter 167F of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- Such person shall make, execute and, through the commissioner, make accessible to the state treasurer a surety bond or acceptable surety bond documentation, cash or securities, in the sum of one hundred thousand dollars.
SECTION 11. Section 2 of chapter 169 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “execute and deliver to the state treasurer a bond” and inserting in place thereof the following words:- execute and, through the commissioner of banks, make accessible to the state treasurer a bond or acceptable bond documentation,
SECTION 12. Section 3 of said chapter 169, as so appearing, is hereby amended by striking out, in lines 26 through 28, the words “and the state treasurer and, upon such approval by the state treasurer, it shall be filed in his office. Upon notice of such approval by the state treasurer” and inserting in place thereof the following:- and, upon such approval, the bond or acceptable bond documentation shall be made accessible to the state treasurer. Upon acceptance of the bond by the commissioner
SECTION 13. Section 4 of said chapter 169, as so appearing, is hereby amended by inserting, in line 2, after the words “of such bonds” the following words:- or applicable bond documentation
SECTION 14. Notwithstanding any general or special law to the contrary, any cash or securities that have been deposited with the state treasurer pursuant to said section 34D shall be retained for a period of 5 years after the effective date of this act. After such 5 year period, provided the state treasurer has not received actual notice of a claim pending against the applicant or depositor, such cash or securities may be refunded by the state treasurer.
SECTION 15. Not later than 6 months after the effective date of this act, the state treasurer shall, at a minimum, send written notice by mail to the address of record of all depositors or applicants who have cash or securities on deposit with the state treasurer pursuant to said section 34D informing the depositor or applicant of the provisions and effective date of this act.
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An Act promoting governmental efficiency
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H3079
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HD793
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-17T13:11:37.003'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-17T13:11:37.0033333'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-17T13:15:37.7666667'}]
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{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-17T13:11:37.003'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3079/DocumentHistoryActions
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Bill
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By Representatives Linsky of Natick and Peisch of Wellesley, a petition (accompanied by bill, House, No. 3079) of David Paul Linsky and Alice Hanlon Peisch relative to open meeting law complaints. State Administration and Regulatory Oversight.
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SECTION 1. Paragraph (b) of section 23 of chapter 30A of the General Laws is hereby amended by striking out said paragraph and inserting in place thereof the following paragraph:-
(b) Complaints.
(1) Any individual may file a complaint with a public body alleging violation of the Open Meeting Law, provided that the complaint:
(A) Reasonably describes the circumstances constituting the alleged violation;
(B) is filed with the public body within 20 business days of the date of the alleged violation;
(C) includes electronic and postal mail contact information for the complainant; and
(D) is signed by the complainant either in ink or in compliance with Chapter 110G.
(2) Complaints shall be deemed received:
(A) if filed by electronic mail, on the business day of submission if submitted by 4:00 p.m., and otherwise on the next business day; or
(B) three days after mailing via first class postal mail.
(3) A public body must meet to review and respond to a complaint not later than 14 business days after receipt thereof confirming receipt of the complaint and identifying any remedial action(s) taken or intended to be taken by the public body in response to the complaint; provided, however, that if a complainant files more than twelve complaints with the same public body within the same calendar year, or a complaint is otherwise unduly burdensome, the public body may file a petition with the Attorney General seeking relief from the obligation to respond to the complaint. In determining whether to grant an order requiring the public body to respond to the complaint, the Attorney General may consider, without limitation, (i) the previous record of compliance or non-compliance by the public body; (ii) the burden placed on the public body in responding to the complaint; (iii) any evidence of harassment or intimidation on the part of the complainant; (iv) the facts of the alleged violation; and (v) the number of complaints filed against the public body or other public bodies within the municipality. The Attorney General may authorize an extension of time to the public body for the purpose of taking remedial action upon the written request of the public body and a showing of good cause to grant the extension.
(4) The public body shall, within 14 business days of receipt of a complaint unless granted an extension of time pursuant to subsection (B)(3), send a copy of the complaint to the attorney general and notify the attorney general of any remedial action.
(5) Any remedial action(s) stated pursuant to subparagraph (3) of this Section shall not be admissible as evidence against the public body in any subsequent administrative or judicial proceeding related to the alleged violation.
SECTION 2. Paragraph (c) of section 23 of chapter 30A of the General Laws is hereby amended by striking out the word “complaint” in the first line and inserting in place thereof the following words:- petition for review of an open meeting law complaint.
SECTION 3. Section 10 of chapter 66 of the General Laws is hereby amended by striking out, in line 96, the words “and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity,”.
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An Act restricting the sale of certain items at flea markets
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H308
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HD1848
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T19:54:02.583'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T19:54:02.5833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H308/DocumentHistoryActions
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 308) of Colleen M. Garry for legislation to restrict sales of certain items and products at flea markets, so-called. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 101 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by deleting section 18A and inserting in place thereof the following section:—
Section 18A. (A) No person, except an authorized manufacturer’s or distributor’s representative possessing on his or her person written proof of that authorization for public retail sales, shall sell, offer for sale, or knowingly permit the sale at any flea market, so-called, any of the following items:
(i) food manufactured and packaged for sale for consumption by a child under the age of two years;
(ii) drugs and cosmetics, as those terms are defined in section one of chapter ninety-four;
(iii) any product which has an expiration date.
(B) In this section, “manufacturer’s or distributor’s representative” shall mean a person who has on his person and available for public inspection written proof that he or she is authorized by the manufacturer or distributor for the public retail sale of those products which are offered for sale. Such credentials shall include the seller’s name and may include a date upon which such authorization shall expire.
(C) In this section, “flea market” shall mean any location other than a permanent retail store at which space is rented or otherwise made available to others for the conduct of business as transient or limited vendors; Transient or limited vendors shall not include those persons who sell by sample, catalogue or brochure for future delivery, or those persons who make sales presentations pursuant to a prior invitation issued by the owner or the legal occupant of the premises.
(D) Any person who violates the provisions of this section shall be punished by a fine of not less than $100 or more than $1,000 per violation. The sale of each product unit shall constitute a separate offense, and all such product shall be seized and forfeited to the Massachusetts Department of Public Health.
(E) The presenting of credentials pursuant to the requirements of this section which are false, fraudulent, forged, fraudulently obtained or the nature of which is misrepresented shall also be considered a prohibited act punishable by the same means as subsection (D) of this section.
(F) The appropriate law enforcement agency investigating any violation of this Act shall maintain a record of such violation available for public inspection.
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An Act designating the song “Roadrunner” as the official rock song of the Commonwealth
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H3080
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HD801
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-17T13:20:22.54'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-17T13:20:22.54'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3080/DocumentHistoryActions
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 3080) of David Paul Linsky for legislation to designate the song “Roadrunner” as the official rock song of the Commonwealth. State Administration and Regulatory Oversight.
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Chapter 2 of the General Laws is hereby amended by adding the following section:-
Section 61. The song, “Roadrunner”, words and music by Jonathan Richman, as recorded by Jonathan Richman and The Modern Lovers shall be the official rock song of the Commonwealth.
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An Act authorizing the division of capital asset management and maintenance to grant easements to the town of Natick for the reconstruction of North Main Street (Route 27)
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H3081
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HD826
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-17T13:43:21.363'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-17T13:43:21.3633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3081/DocumentHistoryActions
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 3081) of David Paul Linsky that the commissioner of the Division of Capital Asset Management and Maintenance be authorized to grant easements to the town of Natick for the reconstruction of North Main Street (Route 27). State Administration and Regulatory Oversight.
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SECTION 1. Notwithstanding the provisions of sections 34 to 37, inclusive, of chapter 7C of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may grant to the town of Natick permanent easements over a portion of certain property, being Natick assessor’s map, lots 31 and 31A, held for purposes of conservation and 6 recreation by the department of conservation and recreation, commonly known as Cochituate State Park, said easements to be used for the purpose of drainage of North Main Street (Route 27), subject to the requirements of sections 2 through 5 and to such additional terms and 3 of 5 conditions consistent with this act as the commissioner of capital asset management and maintenance may prescribe. The easements are shown on a plan of land entitled “Massachusetts Department of Transportation Highway Division Roadway Improvements Project North Main Street (Route 27) in the Town of Natick in Middlesex County,” revised through June 21, 2019, as “Parcel D-6” (305± S.F.), “Parcel D-7” (3,177± S.F.) and “Parcel D-8” (203± S.F.). Prior to finalizing the transaction herein, the division of capital asset management and maintenance may make minor modifications to the plan and easement areas in order to carry out the purposes of this act.
SECTION 2. To mitigate impacts to public lands protected for natural resources, the commissioner of capital asset management and maintenance shall require the grantee to compensate the commonwealth for the interests in land described in section 1 through the conveyance of land to the commonwealth and/or the transfer of funds, the value of such compensation to be determined by the commissioner, with the approval of the department of conservation and recreation. Any payments to the commonwealth authorized by this act shall be deposited in the Conservation Trust established under section 1 of chapter 132A of the General Laws to be used to acquire land or interests in land for conservation and recreation purposes.
SECTION 3. The commissioner of capital asset management and maintenance shall commission an independent appraisal of the fair market value and value in use of the easements described in section 1, which shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser. Consideration for the grant of the above-described easement interests shall be the full and fair market value and value in use value of the easement interests, whichever is greater, as determined by the commissioner of capital asset management and maintenance. The commissioner of capital asset management and 4 of 5 maintenance shall submit the appraisal and a report thereon to the inspector general. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of the review and file the report with the commissioner of capital asset management and maintenance. The commissioner shall submit copies of the appraisal, the report thereon and the inspector general’s review and approval and comments, if any, to the house and senate committees on ways and means and the house and senate chairs of the joint committee on state administration and regulatory oversight prior to the execution of the grant of easements authorized in this act.
SECTION 4. The grantee shall assume any and all costs associated with engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the conveyances authorized by this act.
SECTION 5. No instrument executed pursuant to this act shall be valid unless it provides that the easements shall be used solely for the purposes described in section 1. The instrument or instruments authorized in section 1 shall include a reversionary clause that stipulates the property shall revert to the commonwealth, upon such terms and conditions as the commissioner of capital asset management and maintenance may determine, if the easements cease to be used for the express purposes authorized in this act, following notice of such to the grantee by the division of capital asset management and maintenance and a failure by the grantee to cure the violation to the satisfaction of the division. If any interest reverts to the commonwealth, any further disposition shall be subject to sections 34 to 37 of chapter 7C of the General Laws and the prior approval of the General Court. 5 of 5
SECTION 6. This act shall take effect upon its passage.
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An Act regarding information governance
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H3082
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HD2231
| 193
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{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-19T11:40:07.47'}
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[{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-19T11:40:07.47'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3082/DocumentHistoryActions
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Bill
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By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 3082) of Kate Lipper-Garabedian for legislation to authorize public agencies and municipalities to create, implement, maintain, and enforce a comprehensive information governance plan for public records. State Administration and Regulatory Oversight.
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SECTION 1. Section 7 of Chapter 4 of the General Laws is hereby amended in clause twenty-sixth by inserting the following subclause:-
(k) protected by the attorney-client privilege, the work product doctrine, or other doctrinal protection from disclosure;
SECTION 2. Chapter 66 of the General Laws is hereby amended by adding the following section:-
Section 2. (a) For purposes of this section, the term “information governance plan” or “IG plan” shall mean a comprehensive set of protocols for the efficient retention and routine disposal of documents and data existing in any format or medium, whether or not said documents and data are deemed public records as defined in clause twenty-sixth of section 7 of chapter 4.
(b) Each agency and municipality subject to the requirements of this chapter with regard to public records shall create, implement, maintain, and enforce a comprehensive information governance plan, including, at minimum, protocols for: storage, naming, privacy, security, routine disposal and methods for halting that disposal when necessary, and appropriate sharing of documents and data existing in any format or medium.
(c) The IG plan shall comply with the state records retention schedule published and maintained by the secretary of the commonwealth.
(d) The IG plan shall itself be a public record, provided that any portions thereof protected from disclosure by one of the exemptions set forth in clause twenty-sixth of section 7 of chapter 4 may be redacted prior to production.
(e) The Attorney General shall enforce the provisions of this section.
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Resolve establishing a special commission to identify a suitable location for a justice complex in Southern Middlesex County
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H3083
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HD1391
| 193
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{'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-01-18T13:21:03.58'}
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[{'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-01-18T13:21:03.58'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3083/DocumentHistoryActions
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Resolve
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By Representative Lombardo of Billerica, a petition (accompanied by resolve, House, No. 3083) of Marc T. Lombardo for an investigation by a special commission (including members of the General Court) to identify a suitable location for a justice complex in Southern Middlesex County. State Administration and Regulatory Oversight.
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Resolved, That a special commission is hereby established to make an investigation and study relative to identify and evaluate potential sites suitable for the location of a replacement justice complex that includes a jail facility in Southern Middlesex County, consistent with chapter 304 of the acts of 2008. The commission shall evaluate whether such sites are appropriate to adjoin facilities to house related criminal justice functions, including courts, pre-arraignment lock-up facilities, a female lock-up facility as described in the following paragraph and special population facilities. The commission shall analyze the current inmate and detainee populations in the county and make recommendations on the appropriate scale of any new facility based upon that analysis and make recommendations on whether the future inmate and pretrial detainee population within the county may be reduced. In making its recommendations, the commission shall analyze the NIC Technical Assessment of the Middlesex County pretrial population performed in 2014.
The special commission shall also identify and evaluate potential sites in Southern Middlesex County suitable for the placement of a correctional facility to house female pretrial detainees and female offenders sentenced to incarceration in the house of correction for 2½ years or less. The commission shall document the needs of the communities in the vicinity of such sites and of the individuals in those communities, and make recommendations relative to the most efficient and effective investment of public resources to meet all of those needs.
The commission shall include the following officers or their designees: the secretary of public safety and security, who shall chair the commission; the secretary of administration and finance; the Middlesex sheriff; the administrative office of the trial court; the Middlesex superior court clerk; the commissioner of capital asset management and maintenance; the Middlesex district attorney; chief counsel of the committee for public counsel services; 1 member of the senate appointed by the president; and 1 member of the house of representatives appointed by the speaker. Members not otherwise subject to chapter 268A of the General Laws by virtue of their public positions shall not be considered to be special state employees for purposes of said chapter 268A on account of their service on the commission.
The commission shall report its findings and recommendations to the governor and the clerks of the house of representatives and the senate not later than August 1, 2021.
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An Act relative to language access and inclusion
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H3084
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HD3616
| 193
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{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T13:48:30.58'}
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[{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T13:48:30.58'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-20T13:48:33.4233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-25T14:36:32.7766667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-25T17:17:37.4366667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T14:41:41.1833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T14:41:41.1833333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-30T10:50:05.4766667'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-30T10:50:05.4766667'}, {'Id': 'CPB2', 'Name': 'Christine P. 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http://malegislature.gov/api/GeneralCourts/193/Documents/H3084/DocumentHistoryActions
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Bill
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By Representatives Madaro of Boston and González of Springfield, a petition (accompanied by bill, House, No. 3084) of Adrian C. Madaro, Carlos González and others for legislation to require state agencies to provide timely, culturally competent oral language services to all limited English proficiency individuals who seek to access services, programs, or activities. State Administration and Regulatory Oversight.
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SECTION 1. Title II of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after Chapter 6D the following chapter:-
CHAPTER 6E. LANGUAGE ACCESS AND INCLUSION.
Section 1. Definitions. For the purposes of this act, the following terms shall have the following meanings—
“Auxiliary aids and services” mean items, equipment or services that assist effective communication between a deaf or hard of hearing individual and an individual who is not deaf or hard of hearing.
“Culturally competent” means having a set of congruent behaviors, attitudes and policies that enables effective work in cross-cultural situations, in a manner which respects the beliefs, interpersonal styles, attitudes, language and behaviors of service recipients.
“Equal access” means to be informed of, participate in, and benefit from public services offered by a state agency, at a level equal to English proficient individuals.
“Language access plan” means an administrative blueprint by which an agency complies with language access requirements. The plan shall outline the tasks to be undertaken, establish deadlines by which actions will be taken, identify responsible personnel assigned to implement the plan, and establish priorities relative to the implementation of these plans.
“Language access services” means oral interpretation services, oral language services, and written translation services, including auxiliary aids and services.
“Limited English proficient” or “LEP” individuals means individuals who do not speak English as their primary language and have a limited ability to speak, read, write, or understand English.
“Machine translation” means automated translation by computer software which translates a text from the source language into the target language without human intervention.
“Oral interpretation” means the act of listening to something in one language (source language) and orally translating it into another (target language).
“Oral language services” means various methods of providing verbal information and interpretation through staff interpreters, bilingual or multilingual staff, telephone interpreter services, and private interpreter services.
“Outside service providers” include, but are not limited to, an organization that formally or informally contracts with, routinely provides, or administers services the relevant state agency requires, recommends, or to which it refers its clients.
“Primary language” means the preferred language of the LEP individual.
“Public contact position” means a position determined by the state agency to be one that includes meeting, contacting and dealing with the public in the performance of the agency's functions.
“Qualified bilingual employee” means a staff person who is proficient in both the English language and the non-English language to be used. Qualified bilingual employees may be categorized as Tier 1 Bilingual Employees, or Tier 2 Bilingual Employees.
“Qualified interpreter” is a person who is fluent in both the English language and the non-English language to be used, and who, either by certification, training or experience, is skilled in simultaneous interpretation.
“Qualified multilingual employee” means a staff person who is proficient in the English language and more than one non-English language to be used. Qualified multilingual employees may be categorized as Tier 1 Multilingual Employees, or Tier 2 Multilingual Employees.
“Qualified translator” means a person who has a thorough knowledge of writing, reading and proofreading in both the English language and the non-English language to be used, either by certification, training or experience, and thereby is able to render a text from one language into another, maintaining its tone, style and complex meaning, observing the cultural nuances, and remaining impartial to the content.
“State agency” means an agency or executive department of state government.
“Vital document” means a document containing information which, if not provided accurately or in a timely manner, would have adverse consequences for the intended recipient, including, but not limited to, documents that affect or relate to legal rights, privileges, or duties, as well as applications, informational materials, notices, and complaint forms.
“Written translation” means the replacement of a written text from one language (source language) into an equivalent written text into another language (the target language).
Section 2. Communications with the Public.
A state agency shall provide equal access to services, programs, and activities serving limited English proficient individuals in a reasonable timeframe, including:
(a) Oral interpretation
1. A state agency shall provide timely, culturally competent oral language services to all LEP individuals who seek to access services, programs, or activities. State agencies may, utilizing existing funds, contract with telephone-based interpretation services or community-based organizations that provide interpretation to LEP individuals, in addition to utilizing qualified Tier 1 bilingual or multilingual employees.
2. A state agency shall notify every person inquiring about services, every applicant, and every recipient of services of their right to timely oral interpretation in their primary language.
3. A state agency that significantly relies on outside service providers to fulfill the agency’s responsibilities to the public shall ensure the implementation of the requirements of Section 2(a)(1) and Section 2(a)(2) within those outside organizations’ policies and practices.
(b) Written translation
1. A state agency shall issue vital documents in the following languages: Arabic, Cape Verdean Creole, Chinese (Simplified and Traditional), French, Haitian Creole, Khmer, Korean, Portuguese, Russian, Spanish, Vietnamese and any other languages deemed necessary by the agency’s language access survey.
2. A state agency shall translate all notices and materials that explain its services in the languages stated above.
3. A state agency shall utilize qualified translators or Tier 1 bilingual or multilingual employees, to translate notices, materials, and vital documents. Agencies shall not rely solely on machine translation of notices, materials, and vital documents. A state agency that significantly relies on outside service providers to fulfill the agency’s responsibilities to the public shall ensure the implementation of the requirements of Section 2(b)(1) and Section 2(b)(2) by the outside service provider.
4. LEP individuals whose primary language is not covered under Section 2(b)(1) or Section 2(b)(2) are entitled to the oral interpretation of vital documents into their primary language.
(c) Websites
1. If a state agency maintains one or more websites for use by the public, the agency shall provide the website in the following languages: Arabic, Cape Verdean Creole, Chinese (Simplified and Traditional), French, Haitian Creole, Khmer, Korean, Portuguese, Russian, Spanish, Vietnamese and any other languages deemed necessary by the agency’s language access survey. The state agency shall ensure that its websites and online application materials are mobile compatible and that they satisfy or exceed the official Federal Plain Language Guidelines, March 2011, Rev. 1, May 2011 for the Plain Writing Act of 2010.
2. Agencies shall not rely solely on machine translation for the translation of its websites. A state agency shall utilize qualified translators or Tier 1 bilingual or multilingual employees to translate its websites.
3. A state agency that maintains one or more websites for use by the public shall provide forms and processes for submitting complaints of alleged violations of this act on the homepage of the website. The forms and processes shall be translated into the languages stated above.
Section 3. Language Access Plans
(a) Requirements of language access plans
1. A state agency shall develop a language access plan to implement protocols for providing services to LEP individuals and deaf or hard of hearing individuals in accordance with this act. After the language access plan is implemented, the agency shall update its language access plan every two years based upon the most recent language access survey. The language access plan shall include:
i. The state agency shall conduct a needs assessment that includes data on the language composition of the population served by the agency, including American Sign Language. The agency shall determine the percentage of the eligible service population who are non-English speakers, LEP, or deaf or hard of hearing; the frequency with which the agency provides services to non-English speakers and LEP and deaf or hard of hearing individuals; and the primary languages used by non-English or LEP individuals in the agency’s service area. The needs assessment shall also identify all points of contact between the agency and the public, and all potential language or language-related barriers to services and programs, including the location of offices.
ii. The state agency shall identify available language resources and staff to deliver services, programs, and activities to LEP individuals and deaf or hard of hearing individuals who require auxiliary aids and services, including existing staff who can provide linguistically, culturally, and technically proficient interpretation services. The language resources assessment shall detail the language services available under existing state contracts for in-person interpretation, telephone interpretation, and translation, and determine the steps needed to make these services available for staff use, including equipment and training.
iii. Language service protocols shall provide staff with procedures and instructions for securing or procuring language services, and designed for ease of use, with minimal approval or documentation required.
2. To complete its needs assessment and language resources assessment, a state agency shall conduct a language survey of each of its statewide and local offices every three years to provide the following:
i. a calculation of the percentage of LEP individuals served by the agency’s central and local offices, categorized by primary language.
ii. a determination of whether the use of oral language services and written translation is reliably serving the language needs of the individuals served by the agency.
iii. a determination of whether the use of auxiliary aids and services is reliably serving the language needs of the individuals served by the agency.
iv. an evaluation of whether contracted interpreter services are working effectively.
v. an evaluation of the effectiveness of annual language access training.
vi. a description of the agency’s procedures for identifying language needs at central and local offices and assigning qualified bilingual or multilingual employees to those offices.
vii. a description of agency procedures for recruiting and retaining qualified bilingual or multilingual employees in central and local offices.
viii. the number of qualified bilingual or multilingual employees, in public contact positions in each central and local office, and the languages they speak other than English.
ix. a description of any training the agency provides to its staff on the provision of services to LEP and deaf or hard of hearing individuals, frequency of training, and date of most recent training.
x. a description of complaints regarding language access received by the agency since submitting its most recent report under Section 6, and the agency’s procedures for accepting and resolving these complaints.
xi. a description of the agency’s procedures for identifying vital documents for translation.
Section 4. Personnel.
Coordinators
1. A state agency shall designate a language access coordinator whose sole responsibility is to focus upon language access needs and the agency’s compliance with this act, in consultation with the language access advisory board. State agencies with multiple offices or divisions shall designate regional language access coordinators who shall address the language access needs of the relevant region and train the regions’ staff on compliance with this act. Regional language access coordinators shall report to the language access coordinator.
2. Language access coordinators shall maintain a centralized, electronic, searchable language access database containing the following data, which shall be submitted to the office of access and opportunity, and to the language access advisory board, including:
i. all formal and informal requests for language access services and the status of those requests;
ii. all language access-related complaints, including complaints of language discrimination and/or disability discrimination in cases of the deaf or hard of hearing;
iii. the status and progress of all such requests and complaints;
iv. the resolution of all such requests and complaints, including decisions by the regional and central offices;
v. the reasons for full and partial denials of requests for language services;
vi. the office(s) handling the relevant case/service.
(b) Staffing
1. A state agency shall employ a sufficient number of qualified bilingual or multilingual employees in public contact positions or as interpreters to assist employees in public contact positions, to ensure provision of information and services in a person’s preferred languages.
2. A bilingual or multilingual staff member shall not provide interpretation in adversarial proceedings when the state agency that employs the bilingual staff member is a party to the proceedings.
3. A bilingual or multilingual staff member may provide language services to LEP individuals and those who are deaf or hard of hearing, in accordance with their skill level as determined by the applicable regional language access coordinator. A bilingual employee shall be classified into one of the following two tiers, and shall provide interpretation in accordance with that tier.
i. Tier 1 bilingual or multilingual employee: Tier 1 employees must have formal certification, training in interpretation, or sufficient experience with interpreting in the specific subject matter. If the employer does not regularly employ a person that may be classified as a Tier 1 employee, the employer must hire a third-party contractor or service to fulfill these interpreting needs.
ii. Tier 2 bilingual or multilingual employee: Tier 2 employees have the skill and capacity to communicate directly with clients regarding routine or common business matters. Tier 2 employees need not have formal certification, but shall be proficient in the non-English language.
iii. Tier 1 and Tier 2 employees must be capable of communicating both receptively and expressively in English and the non-English language, and be without interest in the matter or outcome. Qualified bilingual or multilingual employees shall agree in writing to, the ethical and confidentiality requirements associated with interpreting pursuant to the American Translators Association Code of Ethics and Professional Practice.
4. Any employee who is regularly acting as an interpreter or translator must be reasonably compensated for that additional work.
(c) Training
1. Regional language access coordinators and the language access coordinators shall train all employees of a state agency to effectively obtain and utilize the services of language interpreters and translators. A state agency may provide language access trainings for outside service providers they have engaged; provided that the outside service providers lack sufficient resources or capacity to hold such trainings independently.
2. Regional language access coordinators, in conjunction with the language access coordinator, shall conduct training for every new hire and for every employee annually thereafter on the language access plan, and provide any materials necessary for staff to readily access the language access plan as needed.
Section 5. Language Access Advisory Board.
(a) There is established, for oversight and the provision of technical assistance, a language access advisory board to ensure equal access to services, programs, and activities offered by a state agency for LEP and deaf or hard of hearing individuals. The board shall be co-chaired by a staff member from the office of access and opportunity, and one other member of the advisory board voted upon by the board itself. The members of the advisory board shall be appointed within 90 days after the effective date of this act, and shall serve 4-year terms. Members whose terms have expired may serve until a successor is duly chosen. The board shall meet no less than 4 times annually.
(b) Composition
The language access advisory board shall include:
1. three members appointed by the Massachusetts Immigrant and Refugee Advocacy Coalition from prevalent LEP populations within Massachusetts, as determined by the most recent United States Census data, who has an interest in language access reform;
2. one member from the deaf or hard of hearing community who has an interest in language access reform, appointed by the Disability Law Center;
3. one member appointed by the Massachusetts Law Reform Institute;
4. one member appointed by the Massachusetts Appleseed Center for Law & Justice;
5. one member appointed by the Massachusetts Language Access Coalition;
6. one member appointed by Greater Boston Legal Services;
7. one member appointed by the Justice Center of Southeast Massachusetts;
8. one member appointed by MetroWest Legal Services;
9. one member appointed by the Central West Justice Center;
10. one member appointed by the Northeast Justice Center; and
11. one member appointed by the New England Translators Association, or by a similar professional association promoting best practices in translation and interpretation, who is a translation or interpretation specialist.
(c) Advisory board responsibilities
The advisory board shall support the relevant state agencies to achieve compliance with this act by:
providing guidance and technical assistance to the state agencies;
advising language access coordinators of the state agencies in the development and review of their language access plan;
reviewing biennial reports from the state agencies, and make recommendations for steps toward compliance.
disseminating recommendations to state agencies to reduce identified barriers for serving the LEP and deaf or hard of hearing population. The language access advisory board, in formulating its recommendations, shall take into account the best practices and policies in other states and jurisdictions; and
other activities to help state agencies achieve compliance with this act.
Section 6. Reporting.
(a) Reporting requirements
1. Every 3 years following a state agency’s full implementation of this act, the State agency shall submit to the joint committee on ways and means, the joint committee on state administration and regulatory oversight, the language access advisory board and the office of access and opportunity, a report on the data collected under Section 3(a)(2).
2. The report shall be disaggregated and cross tabulated by:
i. primary language;
ii. disability status;
iii. race;
iv. ethnicity;
v. age;
vi. gender; and
vii. low-income status
3. The report shall be publicly available in multiple languages, and be provided in plain language that community members can understand; and
4. The report shall be presented in a manner that protects the privacy of individuals.
Section 7. Relief.
(a) Relief potentials
1. Any person or class of persons claiming to be aggrieved by a state agency for failure to provide language access for benefits or services according to the terms of this act shall have the right to institute and prosecute a civil action in the district, superior, housing, probate or land court department for injunctive and other appropriate equitable relief including an award of actual and consequential damages. Should the person or persons prevail, they shall be entitled to an award of the costs of the litigation including expert witness fees, reasonable attorneys' fees in an amount to be fixed by the court, and prejudgment and post judgment interest.
2. The Massachusetts commission against discrimination may commence a civil action to seek relief for a violation of this act.
3. The attorney general may also commence a civil action to seek relief for a violation of this act.
Section 8. Office of access and opportunity.
The office of access and opportunity of the executive office for administration and finance shall have the following responsibilities:
1. Accept and investigate complaints submitted to the office of access and opportunity by individuals who have been unable to obtain timely language access services in any state agency.
2. Annually provide copies of all complaints as detailed in Section 8(a)(1)(i) to the language access advisory board.
3. Where an agency does not provide equal access, eliminate the language access barrier using informal methods, including conference, conciliation, mediation, or persuasion. Where the language access barrier cannot be eliminated by informal methods, the office of access and opportunity shall submit written compliance requirements to the state agency. The office of access and opportunity may request the state agency to notify it within a specified time, of any action taken on its requirements. Further, the office of access and opportunity may require a state agency to increase the frequency of the reporting every six months, as it deems necessary, or as requested by the language access advisory board.
4. In consultation with the language access advisory board, create multilingual signage informing LEP individuals of their right to free oral language services, for dissemination to state agencies.
(a) Conflicting law
1. It is the intent of the legislature that the provisions of this act be guided by Title VI of the Civil Rights Act of 1964, Executive Order No. 13166, and the federal rules and regulations adopted in implementation thereof, except that if the laws of the commonwealth prescribe stronger protections and prohibitions, the programs and activities subject to this act shall be subject to the stronger protections and prohibitions.
Section 9. Language Access Implementation Schedule
1. On or before 1 year after this bill is enacted, there shall be full implementation by:
i. MassHealth
ii. the department of children and families
iii. the department of early education and care
iv. the department of elementary and secondary education
v. the department of housing and community development
vi. the department of transitional assistance
vii. the department of unemployment assistance
viii. the registry of motor vehicles
ix. the department of public health
x. Massachusetts office for victim assistance
xi. the department of mental health
xii. the office of access and opportunity
2. On or before 2 years after this bill is enacted, there shall be full implementation by all agencies or departments within:
i. the executive office of education
ii. the executive office of health and human services
iii. the executive office of housing and economic development
iv. the department of revenue child support enforcement division
v. the district attorneys of Massachusetts
vi. the executive office of public safety and security
vii. the Massachusetts commission against discrimination
3. On or before 3 years after this bill is enacted, there shall be full implementation by all agencies or departments within:
i. the executive office for administration and finance
ii. the executive office of energy and environmental affairs
iii. the executive office of labor and workforce development
iv. the executive office of public safety and security
v. the executive office of technology services and security
vi. the executive office of transportation and public works
vii. the department of revenue
viii. the disabled protection commission
ix. the sheriffs of Massachusetts
x. the Massachusetts office of consumer affairs and business regulation
xi. the cannabis control commission
4. Additional state agencies may be beholden to this statute as determined by the language access advisory board, in consultation with the office of access and opportunity.
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[]
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[]
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[]
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An Act relative to educational collaboratives
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H3085
|
HD2667
| 193
|
{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:25:00.777'}
|
[{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:25:00.7766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3085/DocumentHistoryActions
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Bill
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By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 3085) of Christopher M. Markey relative to financial interest in contracts or agreements made by educational collaboratives. State Administration and Regulatory Oversight.
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Section 20 of Chapter 268A, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following:-
"This section shall not prohibit an employee of a regional public educational agency such as an educational collaborative as authorized under Section 4E of Chapter 40 of the General Laws, or an educational collaborative’ member school districts, from having a direct or indirect financial interest in a contract or agreement made by the educational collaborative to provide educational and related services to such collaborative, or the member school districts of the same, provided that the employee provides a written disclosure of these contracts to both agencies with whom the employee is contracting.
The proposed arrangement must be approved by the employee's appointing authority before the employee provides educational services.
For purposes of this section, educational services shall mean any service related to the education of students, youth, and families or to the professional development and training of educators, administrators, and paraprofessionals, and community-based personnel working on behalf of public education that is provided by a public agency of a single or multiple municipalities.”
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[]
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[]
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[]
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An Act further defining fraud in public construction contracts
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H3086
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HD2821
| 193
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{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T16:41:09.057'}
|
[{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T16:41:09.0566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3086/DocumentHistoryActions
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Bill
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By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 3086) of Christopher M. Markey relative to further defining fraud in public construction contracts. State Administration and Regulatory Oversight.
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Subsection (a) of section 39M of chapter 30 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by striking out, in lines 21 to 23, the words “The undersigned certifies under penalties of perjury this bid is in all respects bona fide, fair and made without collusion or fraud with any other person” and inserting in place thereof the following words –
“The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion with any other person or entity or fraud. As used in this paragraph the word “fraud” shall mean a statement, act or omission relating to a material fact of significant importance to the construction project at issue that (i) has been relied upon to detriment of an awarding authority or its representatives (ii) is knowingly false or misleading or is in reckless disregard of its truth or falsity and (iii) is intended to mislead and has been shown by clear and convincing evidence to have done so”
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[]
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An Act relative to educational collaboratives
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H3087
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HD3303
| 193
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{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-20T11:51:23.527'}
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[{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-20T11:51:23.5266667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-21T14:51:16.8733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3087/DocumentHistoryActions
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Bill
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By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 3087) of Christopher M. Markey relative to financial interest in contracts or agreements made by educational collaboratives. State Administration and Regulatory Oversight.
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SECTION 1. Section 20 of Chapter 268A, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following:
This section shall not prohibit an employee of a regional public educational agency such as an educational collaborative as authorized under Section 4E of Chapter 40 of the General Laws, or an educational collaborative’ member school districts, from having a direct or indirect financial interest in a contract or agreement made by the educational collaborative to provide educational and related services to such collaborative, or the member school districts of the same, provided that the employee provides a written disclosure of these contracts to both agencies with whom the employee is contracting.
The proposed arrangement must be approved by the employee's appointing authority before the employee provides educational services.
For purposes of this section, educational services shall mean any service related to the education of students, youth, and families or to the professional development and training of educators, administrators, and paraprofessionals, and community-based personnel working on behalf of public education that is provided by a public agency of a single or multiple municipalities.
This section shall not prohibit:
(a) a municipal employee of an educational collaborative established pursuant to Section 4E of Chapter 40 of the General Laws, from having a direct or indirect financial interest
(i) in a contract or agreement made by the educational collaborative to provide educational, professional development, and/or related services to such educational collaborative, provided that the employee files with the educational collaborative a written disclosure of the contract or agreement and the head of the educational collaborative approves, or
(ii) in a contract or agreement made by a member school district of an educational collaborative to provide educational, professional development, and/or related services to the member school district, provided that the employee files with the educational collaborative and the member school district a written disclosure of the contract or agreement and the head of the educational collaborative and the appointing authority at the member school district approve; or
(b) a municipal employee of a member school district of an educational collaborative from having a direct or indirect financial interest in a contract or agreement made by the educational collaborative to provide educational, professional development, and/or related services to the educational collaborative, provided that the employee files with the member school district and the educational collaborative a written disclosure of the contract or agreement and the appointing authority of the member school district and the head of the educational collaborative approve; and provided further that, for each such contract or agreement referenced above, there has been public notice of the contract or agreement, or the contract or agreement was created by means of an open competitive process.
For purposes of this section, related services shall be those services defined by 603 CMRsect.28.02(18)
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An Act relative to access of business licenses
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H3088
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HD1226
| 193
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T11:50:45.12'}
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[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T11:50:45.12'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3088/DocumentHistoryActions
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Bill
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By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 3088) of Paul McMurtry for legislation to provide public access to local, state and federally issued operating licenses issued to certain businesses. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 66 of the General Laws is hereby amended by inserting after section 5A, the following section:-
Section 5B. Limited liability entities and business and nonprofit corporations organized or registered to do business in the Commonwealth, shall keep all local, state and federally issued operating licenses in a binder that shall be made readily accessible to the public upon verbal request during normal hours of operation.
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[]
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[]
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[]
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An Act relative to expedited referrals by legislators
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H3089
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HD2149
| 193
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T11:00:00.407'}
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[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T11:00:00.4066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3089/DocumentHistoryActions
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Bill
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By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 3089) of Paul McMurtry relative to the release of information to state legislators by state agencies. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws is hereby amended by adding the following section:-
Section 219. Notwithstanding any general or special law to the contrary, a state agency shall disclose to a state legislator or an authorized staff person of a state legislator, who is reaching out to the agency on behalf of a constituent, personal information about the constituent to the extent necessary for the state legislator or authorized staff person to provide assistance on the behalf of the constituent; provided, however, that the state agency shall not require an authorization for release of information from the constituent or state legislator unless otherwise required by federal law.
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An Act to enhance retail sales and protect consumers from forced labor
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H309
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HD832
| 193
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{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-13T13:21:12.6'}
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[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-13T13:21:12.6'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H309/DocumentHistoryActions
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Bill
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By Representative Giannino of Revere, a petition (accompanied by bill, House, No. 309) of Jessica Ann Giannino for legislation to further regulate retail businesses with customer-operated point-of-sale stations. Consumer Protection and Professional Licensure.
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Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting in Section 1 the following definitions:
Business, any retail business or quick service restaurant as defined in this section.
Customer-operated point-of-sale (POS) station, also known as self-scanning checkout or self-checkout (SCOs or assisted checkouts (ACOs) or self-service checkouts, a designated point-of-sale area where customers pay for and bag their own merchandise without interacting with a human cashier.
Point-of-sale system (POS), any computer or electronic system used by a retail establishment such as, but not limited to, Universal Product Code scanners, price lookup codes, or an electronic price lookup system as a means for determining the price of the item being purchased by a consumer.
Quick Service Restaurant, an establishment selling food or beverages where products are served to patrons primarily over a sales counter or a drive-up window sales point, where there is minimal or no direct service to patrons seated at tables, and where employees are paid at least the minimum required hourly wage.
Retail Business, a business that sells goods or products for use or consumption by individual purchasers, including but not limited to grocery stores, pharmacies, liquor stores, cannabis establishments and hardware stores.
And again after Section 184E by adding the following section:-
Section 184E ½
Section 2: Notwithstanding any special or general law to the contrary, any business that operates more than one Customer-operated point-of-sale station at any one time per location shall be required to offer patrons using said Customer-operated point-of-sale station not less than a 25% discount on all goods and services purchased per transaction.
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[]
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An Act designating September as PCOS awareness month
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H3090
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HD2508
| 193
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{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-19T10:43:27.51'}
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[{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-19T10:43:27.51'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-02T13:47:17.6433333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-07T13:56:20.47'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-16T12:10:02.68'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-31T15:36:03.3666667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-03T13:57:54.5466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T13:27:23.7166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3090/DocumentHistoryActions
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Bill
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By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 3090) of Samantha Montaño, Jason M. Lewis and Hannah Kane for the annual issuance of a proclamation by the Governor setting apart the month of September as polycystic ovary syndrome awareness month. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws is hereby amended by inserting after section 15LLLLLL the following section:-
Section 15MMMMMM. The governor shall annually issue a proclamation setting apart the month of September as Polycystic Ovary Syndrome Awareness Month to increase citizens' awareness of the most common endocrine (hormone) disorder in women, in order to lead to better education and thus earlier diagnoses, intervention and care. The proclamation shall recommend that the month of September be observed in an appropriate manner by the people.
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[]
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[]
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An Act designating Domestic Workers’ Rights Day
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H3091
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HD3630
| 193
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{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-17T14:43:02.407'}
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[{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-17T14:43:02.4066667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-20T16:26:57.96'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-22T15:25:23.6466667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-28T16:04:35.6566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-02T14:53:50.89'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T12:10:36.2'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3091/DocumentHistoryActions
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Bill
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By Representative Moran of Boston, a petition (accompanied by bill, House, No. 3091) of Michael J. Moran and others for the annual issuance of a proclamation by the Governor setting apart the sixteenth day of June as domestic workers’ rights day. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after section 15TTTTT, the following section:—
Section 15UUUUU. The governor shall annually issue a proclamation setting apart the sixteenth day of June as Domestic Workers’ Rights Day, recommending its observance by the public to honor all domestic workers who work in private homes and in recognition of Massachusetts’ historic enactment of basic labor standards in the Domestic Workers’ Bill of Rights and recommending that said day be observed in an appropriate manner by the people.
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[]
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[]
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An Act relative to restricted vital records
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H3092
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HD3639
| 193
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{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-19T15:06:39.51'}
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[{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-19T15:06:39.51'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-22T15:17:44.9966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3092/DocumentHistoryActions
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Bill
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By Representative Moran of Boston, a petition (accompanied by bill, House, No. 3092) of Michael J. Moran and Sean Garballey relative to removing certain accessibility restrictions on public records. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 46 Section 2A of the General Laws is hereby amended by deleting the following words in section 2A: -
In line 1 – delete “children born out of wedlock or” and
In line 4 – delete “or those of persons born out of wedlock,”
SECTION 2. This act shall take effect upon passage.
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[]
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[]
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An Act providing for the observance of election worker appreciation day
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H3093
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HD797
| 193
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{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-17T13:18:00.183'}
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[{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-17T13:18:00.1833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3093/DocumentHistoryActions
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Bill
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By Representative Muradian of Grafton, a petition (accompanied by bill, House, No. 3093) of David K. Muradian, Jr., for the annual issuance by the Governor of a proclamation setting apart the Wednesday next after the first Monday in November in every even-numbered year as election worker appreciation day. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws is hereby amended by inserting after section 15LLLLLL, inserted by section 1 of chapter 105 of the acts of 2020, the following section:-
Section 15MMMMMM. The governor shall annually issue a proclamation setting apart the Wednesday next after the first Monday in November in every even-numbered year as Election Worker Appreciation Day, in recognition of the significant contributions that election workers have made to the commonwealth and to the United States. The governor shall recommend that said day be observed in an appropriate manner by the people.
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[]
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[]
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An Act designating the official seasoning of the Commonwealth
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H3094
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HD1370
| 193
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{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-13T14:29:00.663'}
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[{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-13T14:29:00.6633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3094/DocumentHistoryActions
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Bill
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By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 3094) of James M. Murphy for legislation to designate Bell's Seasoning as the official seasoning of the Commonwealth. State Administration and Regulatory Oversight.
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Chapter 2 of the General Laws, as appearing in the 2014 official edition, is hereby amended by inserting the following section:-
Section (x). “Bell’s Seasoning,” created by William G. Bell, a Boston inventor in 1867 and manufactured in East Weymouth Massachusetts, shall be the official seasoning of the Commonwealth of Massachusetts
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[]
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[]
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[]
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An Act to promote diversity on public boards and commissions
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H3095
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HD633
| 193
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{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T21:05:42.67'}
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[{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T21:05:42.67'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-07-07T07:56:50.59'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-27T11:05:42.08'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-24T13:40:09.32'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:19:52.5166667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-03-16T15:11:45.0333333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-05T10:02:25.8'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-05-22T12:19:56.9833333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-03-08T16:34:24.8966667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-04-04T16:26:35.5133333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T20:37:48.8966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T11:28:56.94'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-07-25T14:07:53.62'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-23T09:58:12.5966667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-21T17:07:57.9033333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-07-26T13:42:26.73'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-02-02T15:04:58.61'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-14T08:30:04.97'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-03-16T14:52:51.7133333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-06-06T12:16:30.1366667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T14:02:50.4633333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-01-19T09:57:14.47'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T13:03:19.0466667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:17:24.2333333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:50:00.3033333'}]
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{'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-01-19T09:57:14.47'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3095/DocumentHistoryActions
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Bill
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By Representatives Nguyen of Andover and Shand of Newburyport, a petition (accompanied by bill, House, No. 3095) of Tram T. Nguyen, Dawne Shand and others for legislation to promote diversity on public boards and commissions. State Administration and Regulatory Oversight.
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Section 1. Definitions
“Diverse”, an individual who self-identifies in one or more of the following categories: Female, Underrepresented Minority, or LGBTQ+.
“Female”, an individual who self-identifies her gender as female, without regard to the individual’s designated sex at birth.
“Underrepresented Minority”, an individual who self-identifies as one or more of the following: Black or African American, Hispanic or Latinx, Asian, Native American, Alaska Native, Native Hawaiian, Pacific Islander, or two or more races or ethnicities, or such other similar non-white categories as reported in the Census Data.
“LGBTQ+”, an individual who self-identifies as any of the following: lesbian, gay, bisexual, transgender, or as a member of the queer community.
“Census Data”, the Decennial U.S. Census, performed by the U.S. Census Bureau every ten years as mandated by Article I, Section 2 of the U.S. Constitution.
Section 2. (a) Every appointive board or commission of the state established by the Code, if not otherwise provided by law, shall endeavor to have, or explain why it does not have, (1) at least fifty percent members who self-identify as Female, and (2) at least thirty-percent members who self-identify as an Underrepresented Minority or as LGBTQ+. For purposes of this section, these percentages are met where the appointment of one additional Diverse member would cause the board or commission to have a Diverse composition greater than the percentages required herein.
(b) Not later than 120 days after the release of new Census Data, the governor’s office shall amend the percentages in Section 1(a) where necessary to meet the following criteria:
(1) The percentage in Section 1(a)(1) shall reflect the female population in Massachusetts, as reported by the Census Data.
(2) The percentage in Section 1(a)(2) shall reflect the percentage population in Massachusetts of Underrepresented Minorities, as reported in the Census Data, plus the percentage population of LGBTQ+, as reported by the Census Data.
Section 3. Each person responsible for appointing members to a board or commission shall endeavor to ensure that, to the fullest extent possible, the composition of the board or commission reflects the diversity goals set forth in Section 1. Appointing authorities shall make a focused effort to appoint Diverse members to all boards and commissions, including but not limited to, developing and implementing a plan to attract and recruit Diverse members; and working with community-based and professional organizations with large networks of Diverse individuals.
Section 4. (a) To track and measure progress, each public board and commission shall identify and report to the governor’s office at least once per fiscal year:
(1) the total number of current members;
(2) the total number of current members who self-identify as Female;
(3) the total number of current members who self-identify as an Underrepresented Minority or LGBTQ+; and
(4) the total number of current members who self-identify as Female and as an Underrepresented Minority or LGBTQ+.
(b) In addition, each appointing authority shall make reasonable efforts to identify and report to the governor’s office at least once per fiscal year:
(1) the total number of persons who applied or were nominated for appointment to each public board or commission during the time period covered by the report;
(2) the total number of Females who applied or were nominated for appointment to each public board or commission during the time period covered by the report;
(3) the total number of Underrepresented Minorities and LGBTQ+ individuals who applied or were nominated for appointment to each public board or commission during the time period covered by the report; and
(4) the total number of Females who are also Underrepresented Minorities and LGBTQ+ who applied or were nominated for appointment to each public board or commission during the time period covered by the report.
(c) The governor’s office shall publish at least once per fiscal year a report that separately identifies for each public board and commission the data collected and reported by such board and appointing authority pursuant to paragraphs (a) and (b) in this Section. If any board or commission does not meet the diversity goals outlined in Section 1, the appointing authority shall include an explanation for why the goals were not met and describe the efforts, if any, by the appointing authority to increase the number of Diverse members on the board or commission.
(d) Any demographic data disclosed or released pursuant to this section shall disclose only aggregated statistical data and shall not identify an individual applicant, nominee or appointed board member or commissioner.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
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An Act establishing the official amphibian of the Commonwealth
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H3096
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HD621
| 193
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{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T19:43:14.387'}
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[{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T19:43:14.3866667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-03-28T10:34:57.3833333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-10-04T10:56:51.99'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-30T13:08:43.01'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T09:22:20.9333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T09:01:56.1666667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-10-02T10:08:57.5066667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-09-28T10:50:26.1333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3096/DocumentHistoryActions
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Bill
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By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 3096) of Tram T. Nguyen, Hannah Kane and Jack Patrick Lewis for legislation to designate the blue-spotted salamander as the official amphibian of the Commonwealth. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 2 of the General Laws is hereby amended by adding the following section:-
The blue-spotted salamander shall be the official amphibian of the commonwealth.
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An Act eliminating the procurement act exception for waste and recycling contracts
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H3097
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HD627
| 193
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{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T18:43:42.103'}
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[{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T18:43:42.1033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3097/DocumentHistoryActions
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Bill
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By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 3097) of Tram T. Nguyen relative to eliminating the procurement act exception for waste and recycling contracts. State Administration and Regulatory Oversight.
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Chapter 30B of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended in subsection (b) of section 1 by striking out clause (30).
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An Act to promote Massachusetts manufacturers
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H3098
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HD2862
| 193
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{'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-19T17:13:14.887'}
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[{'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-19T17:13:14.8866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3098/DocumentHistoryActions
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Bill
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By Representative Orrall of Lakeville, a petition (accompanied by bill, House, No. 3098) of Norman J. Orrall for legislation to encourage in-state procurements by state agencies or governmental bodies. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 30B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting at the end thereof the following new section:-
Section 24. Notwithstanding any general or special law to the contrary and to the extent permitted by federal law, a state agency or governmental body shall procure a minimum of ten percent of the contract value of products by businesses, as defined in section 3A of chapter 23A of the general laws, provided, that the commonwealth is their principal place of business, and provided further, that a waiver process is set forth by the awarding authority.
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An Act establishing a holiday known as "John F. Kennedy Day" to promote civic engagement and voter participation in the Commonwealth
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H3099
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HD870
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:03:05.27'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:03:05.27'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-15T14:17:48.14'}]
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 3099) of Edward R. Philips and William C. Galvin for legislation to establish a John F. Kennedy day holiday commission. State Administration and Regulatory Oversight.
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SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “October,”, in line 100, the following words:- John F. Kennedy Day.
SECTION 2. Section 15L of chapter 6 of the General Laws, as so appearing, is hereby amended by inserting after the word “November”, in line 2, the following words:- in all odd-numbered years and the first Tuesday after the first Monday in November in all even-numbered years.
SECTION 3. Said chapter 6 is hereby further amended by adding the following section:-
Section 220. There shall be a commission on the celebration of John F. Kennedy Day. The commission shall consist of: 2 persons to be appointed by the governor; 2 persons to be appointed by the state secretary, 1 of whom shall be designated to serve as chair; 1 person to be appointed by the speaker of the house of representatives; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the president of the senate; 1 person to be appointed by the minority leader of the senate; 1 person to be appointed by the executive director of the John F. Kennedy Library Foundation; 1 person to be appointed by the president of the John F. Kennedy Hyannis Museum Foundation, Inc.; and 1 person to be appointed by the president of the Edward M. Kennedy Institute for the United States Senate.
The commission shall recommend activities that promote civic engagement and voter participation including, but not limited to: (i) establishing a Kindergarten to grade 12, inclusive, education curriculum; (ii) hosting special events; (iii) marketing, which shall include the publication and distribution of materials and online content; (iv) voter engagement activities; (v) voter registration drives; and (vi) voter access. The commission shall meet not less than semiannually. The commission shall issue an annual report to the clerks of the senate and house of representatives not later than December 31.
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Proposal for a legislative amendment to the Constitution relative to the title of the Lieutenant Governor
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H31
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HD3729
| 193
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{'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-20T14:19:13.227'}
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[{'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-20T14:19:13.2266667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-04-03T14:57:24.08'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-27T13:39:30.05'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-27T15:11:29.5533333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-03-02T10:10:54.6533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-30T09:19:37.2966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-28T15:32:28.9366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H31/DocumentHistoryActions
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Proposal for Constitutional Amendment
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By Representative Armini of Marblehead, a petition (accompanied by proposal for constitutional amendment, House, No. 31) of Jennifer Balinsky Armini for a legislative amendment to the Constitution relative to the title of the Lieutenant-Governor. The Judiciary.
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The constitution is hereby amended by striking Article I of Part the Second, Chapter II, Section II and replacing it with the following:-
Article I.
There shall be elected a lieutenant governor of the commonwealth of Massachusetts, whose title shall be, Her Honor, His Honor, or Their Honor and who shall be qualified, in point of [religion, property,] and residence in the commonwealth, in the same manner with the governor: and the day and manner of his election, and the qualifications of the electors, shall be the same as are required in the election of a governor. The return of the votes for this officer, and the declaration of his election, shall be in the same manner: and if no one person shall be found to have [a majority] of all the votes returned, the vacancy shall be filled by the senate and house of representatives, in the same manner as the governor is to be elected, in case no one person shall have [a majority] of the votes of the people to be governor. [See Amendments, Arts. VII, XIV, XXXIV, LXIV and LXXX.]
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[{'Action': 'Adverse', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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An Act relative to pet grooming
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H310
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HD2938
| 193
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{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T14:10:27.067'}
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[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T14:10:27.0666667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:36:41.2433333'}]
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Bill
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By Representative González of Springfield, a petition (accompanied by bill, House, No. 310) of Carlos González and Bud L. Williams relative to the regulation of pet groomers. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 13 of the General Laws is hereby amended by adding the following section:-
Section 110. There shall be a board of registration of pet groomers to be appointed by the governor, with the advice and consent of the council, consisting of 5 members, citizens of the commonwealth, 4 of whom shall have been actively engaged in the business of pet grooming as a full-time occupation for not less than 5 years prior to their appointment and 1 of whom shall be a representative of the public. Members shall be appointed for terms of 5 years and elect from among themselves a chair. As the term of office of a member of the board expires, a successor shall be appointed by the governor, with like advice and consent, to serve for 5 years. Each member shall be eligible for reappointment and shall serve until the qualification of their successor. The governor may also, with like advice and consent, fill any vacancy in the board for the unexpired portion of the term.
SECTION 2. Chapter 112 of the General Laws is hereby amended by adding the following 4 sections:-
Section 290. As used in section 290A to 290C, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Board”, the board of registration of pet groomers, established by section 110 of chapter 13 of the General Laws.
“Box dryer", a product that is attached to or near a cage or box for the purpose of drying or aiding in the drying of a pet contained in a cage or box, capable of functioning without being manually held.
“Pet groomer”, an individual who clips, trims, styles, bathes, brushes, dries or performs other services, as determined by the board, on a pet for compensation.
“Pet grooming”, clipping, trimming, styling, bathing, brushing, drying or performing other services, as determined by the board, on a pet by a registered pet groomer.
“Pet grooming business”, a person, corporation, firm, proprietorship or other entity, operating as or operated by a registered pet groomer, where a pet may be clipped, trimmed, styled, bathed, brushed, dried or have other services performed on, as determined by the board, and provides these services in a commercial building, mobile unit or property owned or operated by the business or client.
Section 290A. No person shall practice as a pet groomer unless registered with the board. A person who is not less than 18 years of age, of good moral character and who meets the applicable qualifications and requirements for registration as a pet groomer, as established and adopted by the board, shall, upon application and payment of a fee, as determined annually by the secretary of administration under section 3B of chapter 7, be registered as a pet groomer. A pet groomer shall register biennially and shall pay a biennial registration fee determined under this section; provided, however, that the board may issue an initial registration for not more than 2 years. Notwithstanding the above registration requirement, a person who is not less than 18 years of age may practice as a pet groomer without being registered by the board for on-the-job training or professional education training under the supervision of a registered pet groomer for a preliminary and 1–time period of up to 6 consecutive months to commence from the beginning of the initial training if the person: (i) has not been previously employed, licensed or registered as a pet groomer; (ii) prior to the commencement of the training, provided written notification of such training to the board on a form prescribed by the board and a certification by the supervising pet groomer confirming that they will supervise the person during the training; and (iii) is not in violation of any rule or regulation adopted by the board.
The board shall furnish to each such person a registration certificate in a form prescribed by the board. The board shall promulgate rules and regulations that establish and define the acts, services and procedures that a pet groomer may perform.
All registration applications submitted to the board under this section shall be signed under the penalties of perjury by the person certifying the information contained therein.
Section 290B. A pet grooming business shall be operated by a registered pet groomer. The board shall promulgate rules and regulations related to the safety, sanitation and operation of a pet grooming business, including, but not limited to, the conditions of the temporary housing and holding area of a pet, minimum sitting and standing space of a pet, ventilation and climate control, provision of water for a pet, pet supervision requirements, bathing areas, equipment standards, pet restraints, pet grooming products, the use of box dryers, sanitation before and after the service of a pet, first aid for a pet, protocol for emergency situations and mandatory reporting requirements of potential animal cruelty or neglect. The board shall consider the Professional Pet Groomers & Stylists Alliance standards of care, safety and sanitation when promulgating rules and regulations.
A pet grooming business shall maintain records of clients and pets, including, but not limited to, the name of the pet, the name, address and phone number of the pet owner; known allergies of the pet, type of services provided to the pet and date of the services provided. A pet grooming business shall maintain incident reports of an incident occurring with a pet. The board shall establish rules related to incident reports, including, but not limited to, the types of incidents that shall be reported and the required description of an incident. An incident report shall be maintained for not less than 5 years from the date of the incident.
Section 290C. The board shall investigate all complaints relating to the proper practice of pet groomers by any person holding a certificate of registration under section 290A. The authority granted to the board in sections 290 to 290C, inclusive, shall include disciplining a pet groomer who is registered or authorized to practice for training purposes, and the board may exercise such authority by conducting hearings regarding complaints or by suspending, revoking or cancelling any such registration or authorization to practice as a pet groomer to protect the health, safety and welfare of the public.
A person who falsely asserts that they have a certificate granted by the board, or who, having such certificate or a duplicate thereof, fails to exhibit the same as required by section 290A, or who, except as permitted by section 290A, directly or indirectly practices or attempts to practice pet grooming without being registered under section 290A, or a registered pet groomer or incorporated pet grooming business who employs or permits a person to practice pet grooming unless such person is registered and exhibits their name and certificate as provided in section 290A, or a person who violates any provision of sections 290 to 290B, inclusive, for which no other penalty is provided, shall, except as provided in section 290C, be punished by a fine of not less than $100 or greater than $1000.
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An Act designating the Charleston Chew as the official candy of the Commonwealth
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H3100
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HD872
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:06:00.493'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:06:00.4933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3100/DocumentHistoryActions
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 3100) of Edward R. Philips relative to designating the Charleston Chew as the official candy of the Commonwealth. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 2 of the General Laws, as so appearing in the 2018 Official Edition, is hereby amended by adding after Section 63 the following section:-
Section 64. Candy of the Commonwealth
The Charleston Chew shall be the official candy of the Commonwealth.
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An Act naming the Eastern Brook Trout as the official freshwater fish of the Commonwealth
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H3101
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HD2646
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:47:41.253'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:47:41.2533333'}, {'Id': None, 'Name': "Steven J. D'Addieco", 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T15:15:02.52'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3101/DocumentHistoryActions
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 3101) of Edward R. Philips and Steven J. D'Addieco for legislation to designate the Eastern Brook Trout as the official freshwater fish of the Commonwealth. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 2 of the General Laws, as so appearing in the 2018 Official Edition, is hereby amended by adding after Section 63 the following section:
Section 64. Freshwater fish of the Commonwealth
The Eastern Brook Trout shall be the official freshwater fish of the commonwealth.
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An Act advancing equity for rural communities receiving state grants
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H3102
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HD855
| 193
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-17T14:09:34.64'}
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[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-17T14:09:34.64'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-20T10:10:32.22'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-05T21:47:51.0366667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T14:12:24.13'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3102/DocumentHistoryActions
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Bill
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By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 3102) of Smitty Pignatelli, Lindsay N. Sabadosa and John Barrett, III relative to state grants for rural communities. State Administration and Regulatory Oversight.
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Chapter 7 of the General Laws is hereby amended by adding after section 62 the following section:-
Section 63. As used in this section the following words shall have the following meanings:-
“Rural communities”, municipalities with population densities of less than 500 persons per square mile.
The secretary shall direct all departments, commissions, offices, boards, divisions, institutions or other agencies administering grant programs to give preference to rural communities, particularly those that intend to use funds to regionalize or share services, and to grant applicants that serve rural communities.
The secretary shall direct all such agencies to identify and inform rural communities of discretionary grant programs and incentives for which rural communities wishing to regionalize or share services could benefit from preferences under this section.
The secretary shall annually, on or before July 1, report on the implementation of this section to the senate and house committees on ways and means, the joint committee on municipalities and regional government and members of the general court who represent rural communities.
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An Act establishing permanent standard time within the Commonwealth to promote sleep and health
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H3103
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HD276
| 193
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{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-10T13:14:52.717'}
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[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-10T13:14:52.7166667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-20T10:28:58.7966667'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-18T14:23:41.4966667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-19T13:22:15.5666667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-08-11T15:27:48.34'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-08-09T12:29:56.2233333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-17T10:58:00.7'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-20T13:18:00.12'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T13:39:41.46'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:44:22.9566667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T10:29:49.6333333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-06T15:01:08.52'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-02-13T15:12:47.0466667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T12:56:05.84'}]
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Bill
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By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 3103) of Angelo J. Puppolo, Jr., and others for legislation to establish standard time as the permanent time of the Commonwealth. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 10 and inserting in place thereof the following section: -
Section 10. The standard time within the commonwealth shall be permanent standard time and shall be exempt from the advancement of time as provided by the federal Uniform Time Act of 1966, 15 U.S.C. section 260(a). This section shall apply: to all laws, statutes, orders, decrees, rules and regulations relating to the time of performance of any act by any officer or department of the commonwealth, or of any county, city, town or district thereof, or any other political subdivision thereof; to all laws, statutes, orders, decrees, rules and regulations relating to the time in which any rights shall accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of the commonwealth; in all the public schools and in all institutions of the commonwealth, or of any county, city, town or district thereof, or any other political subdivision thereof; and in all contracts or choses in action made or to be performed in the commonwealth.
SECTION 2. This act shall take effect: (i) upon enactment by law of a permanent year-round “U.S. Eastern Standard Time” in the states of Connecticut, Massachusetts, New Hampshire, Rhode Island and Vermont, in substantially the same form as section 1; and (ii) upon a date agreed upon by all 5 states.
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An Act designating the Boston cream pie cupcake as the official cupcake of the Commonwealth
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H3104
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HD280
| 193
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{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-10T13:43:28.273'}
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[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-10T13:43:28.2733333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-23T09:28:35.96'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-23T13:39:52.03'}]
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Bill
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By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 3104) of Angelo J. Puppolo, Jr., Rodney M. Elliott and Brian M. Ashe relative to designating the Boston cream pie cupcake as the official cupcake of the Commonwealth. State Administration and Regulatory Oversight.
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Chapter 2 of the General Laws is hereby amended by inserting after section 61 the following section:-
Section 62. The Boston Cream Pie Cupcake shall be the official cupcake or cupcake emblem of the Commonwealth.
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An Act designating the official jazz song of the Commonwealth
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H3105
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HD2367
| 193
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{'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-19T12:35:08.417'}
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[{'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-19T12:35:08.4166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3105/DocumentHistoryActions
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Bill
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By Representative Ramos of Springfield, a petition (accompanied by bill, House, No. 3105) of Orlando Ramos for legislation to designate the song, “Massachusetts”, words and music by Montenia, as the official jazz song of the Commonwealth. State Administration and Regulatory Oversight.
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Chapter 2 of the General Laws is hereby amended by adding the following section:-
Section 65. The song, “Massachusetts”, words and music by Montenia, shall be the official jazz song of the commonwealth.
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An Act authorizing the commissioner of Capital Asset Management and Maintenance to convey a certain parcel of land in the town of Tewksbury
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H3106
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HD2985
| 193
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{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:13:05.883'}
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[{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:13:05.8833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3106/DocumentHistoryActions
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Bill
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By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 3106) of David Allen Robertson relative to authorizing the commissioner of Capital Asset Management and Maintenance to convey a certain parcel of land in the town of Tewksbury. State Administration and Regulatory Oversight.
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SECTION 1. Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance shall convey to the town of Tewksbury, for use as a cemetery, a certain parcel of land identified as parcel 62-19-3 on a plan of land dated September 12, 2012 prepared by Nitsch Engineering, Inc., being approximately 11.019 acres of a parcel previously conveyed to the department of public health by deed recorded November 23, 1979 at the Middlesex north registry of deeds at book 2396, page 686. Prior to finalizing the transaction or making the conveyance authorized in this section, the division of capital asset management and maintenance may make minor modifications to the area and plan in order to carry out the purposes of this section. The consideration for the conveyance of the parcel pursuant to this section shall be the fair market value of the parcel as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal, taking into consideration the restriction on the use of the parcel set forth in this section. The commissioner of capital asset management and maintenance shall submit the appraisal to the inspector general for his or her review and comment. The inspector general shall review and approve the appraisal, and the review examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of his or her review and file the report with the commissioner of capital asset management and maintenance for submission by said commissioner to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. Said commissioner shall submit copies of the appraisals, and the inspector general’s review and approval and comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days prior to the execution of documents effecting the transfers described in section 1.
SECTION 2. Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, may convey for to the town of Tewksbury, for recreational use, a certain parcel of land identified as parcel 62-19-2 on a plan of land dated September 12, 2012 prepared by Nitsch Engineering, Inc., being approximately .517 acres of a parcel previously conveyed to the department of public health by deed recorded November 23, 1979 at the Middlesex north registry of deeds at book 2396, page 686. Prior to finalizing the transaction or making the conveyance authorized in this section, the division of capital asset management and maintenance may make minor modifications to the area and plan in order to carry out the purposes of this section. The consideration for the conveyance of the parcel pursuant to this section shall be the fair market value of the parcel as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal, taking into consideration the restriction on the use of the parcel set forth in this section. The commissioner of capital asset management and maintenance shall submit the appraisal to the inspector general for his or her review and comment. The inspector general shall review and approve the appraisal, and the review examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of his or her review and file the report with the commissioner of capital asset management and maintenance for submission by said commissioner to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. Said commissioner shall submit copies of the appraisals, and the inspector general’s review and approval and comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days prior to the execution of documents effecting the transfers described in section 2.
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An Act establishing the official ice cream flavor of the Commonwealth
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H3107
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HD3339
| 193
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{'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-19T15:30:41.507'}
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[{'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-19T15:30:41.5066667'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-20T12:02:48.75'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-08T11:44:20.9433333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-03-29T11:10:47.2766667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-15T10:23:07.6766667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T11:30:03.22'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T14:38:00.6133333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-03-21T11:23:33.96'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-08T08:47:12.8166667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-07T14:26:34.6233333'}]
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-20T12:01:21.46'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3107/DocumentHistoryActions
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Bill
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By Representative Rogers of Norwood and Senator Rush, a joint petition (accompanied by bill, House, No. 3107) of John H. Rogers, Michael F. Rush and others for legislation to designate cookies and Cream as the official ice cream flavor of the Commonwealch. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 2 of the General Laws is hereby amended by adding the following section:-
Section XX. Cookies and Cream shall be the official ice cream flavor of the Commonwealth.
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An Act to promote American manufacturing
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H3108
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HD1789
| 193
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{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-13T13:51:59.913'}
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[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-13T13:51:59.9133333'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-19T11:11:52.62'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-19T11:11:52.62'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T16:12:56.2633333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-19T16:12:56.2633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T16:12:56.2633333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-20T14:19:02.7466667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-23T20:26:58.0166667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-23T20:26:58.0166667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-25T13:50:00.64'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-02-06T15:16:01.1933333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-06T15:16:01.1933333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-06T15:16:01.1933333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-06T15:16:01.1933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T15:16:01.1933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T15:16:01.1933333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-21T09:32:27.9866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-06-08T13:21:19.3833333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-06-08T13:21:19.3833333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-08T13:21:19.3833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3108/DocumentHistoryActions
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Bill
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By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 3108) of Jeffrey N. Roy and others for legislation to promote American manufacturing by requiring state or municipal agencies or authorities to give preference to materials and goods made in the United States. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 7 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 22O, the following new section:-
Section 22P. USE OF AMERICAN MATERIALS
(a) Notwithstanding any general or special law to the contrary relating to procurement, and to the extent permitted by federal law, a state or municipal agency or authority shall, after giving preference pursuant to the provision of section 22O of this chapter for each contract for the construction, reconstruction, alteration, repair, improvement or maintenance of a public building or public works made by a public agency shall contain a provision that the iron, steel, fabricated steel, and manufactured goods used or supplied in the performance of the contract or any subcontract thereto shall be manufactured in the United States.
(b) The provisions of subsection
(a) of this section shall not apply in any case or category of cases in which the executive head of a public agency finds —
(1) that their application would be inconsistent with the public interest;
(2) that such materials and products are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory quality; or
(3) that inclusion of domestic material will increase the cost of the overall project
contract by more than 25 percent.
(c) If the executive head of a public agency receives a request for a waiver under subsection (b), the agency shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.
(A.) A notice provided under subparagraph (A) shall —
(i) include the information available to the Secretary concerning the request, including whether the request is being made under subsection (b)(1), (b)(2), or (b)(3); and
(ii) be provided by electronic means, including on the official public Internet Web site of the agency.
(B) If the Secretary issues a waiver under subsection (b), the Secretary shall publish in the [applicable state record] a detailed justification for the waiver that —
(i) addresses the public comments received under paragraph (c)(A); and
(ii) is published before the waiver takes effect.
(d) Intentional Violations. If it has been determined by a court or Federal or State agency that any person intentionally —
(1) affixed a label bearing a "Made in America" inscription, or any inscription with the same meaning, to any iron, steel, fabricated steel, or manufactured good used in projects to which this section applies, sold in or shipped to the United States that was not made in the United States; or
(2) represented that any iron, steel, fabricated steel, or manufactured good used in projects to which this section applies that was not produced in the United States, was produced in the United States; that person shall be ineligible to receive any contract or subcontract with this State. The Attorney General is authorized to enforce the provision of the section.
SECTION 2. Chapter 30B of the General Laws is hereby amended by inserting after section 20, the following new section:
Section 20A. (a) Notwithstanding any general or special law to the contrary and to the extent permitted by federal law, any governmental body subject to the provisions of this chapter shall require, in all contracts pertaining to any construction project exceeding $500,000, for each contract for the construction, reconstruction, alteration, repair, improvement or maintenance of a public building or public works made by a public agency shall contain a provision that the iron, steel, fabricated steel, and manufactured goods used or supplied in the performance of the contract or any subcontract thereto shall be manufactured in the United States.
(b) The provisions of subsection (a) may not apply if less than three steel manufacturers and/or fabricators located in the United States have submitted responsive bids under the provisions of this chapter.
(c) If any provision of this chapter or application thereof is held to be invalid or in conflict with any applicable laws, this invalidity or conflict shall not affect the other provisions or applications which shall be given affect without the invalid provisions or applications, and to this end, the provisions and applications of this chapter are severable.
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An Act to permit enhanced public access to deliberations of public bodies and to permit improved efficiency of public bodies
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H3109
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HD3539
| 193
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{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:30:32.93'}
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[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:30:32.93'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3109/DocumentHistoryActions
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Bill
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By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 3109) of Jeffrey N. Roy for legislation to permit enhanced public access to deliberations of public bodies and to permit improved efficiency of public bodies. State Administration and Regulatory Oversight.
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SECTION 1. The definition of “Deliberation” in Section 18 of Chapter 30A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the phrase “procedural meeting”, the following word:- “materials”.
SECTION 2. The definition of “Meeting” in said Section 18 of said Chapter 30A, as so appearing, is hereby further amended by striking out the word “by”, and inserting in place thereof the following words:- “at a gathering of”.
SECTION 3. The definition of “Meeting” in said Section 18 of said Chapter 30A, as so appearing, is hereby further amended by striking out the word “or” at the end of clause (d).
SECTION 4. The definition of “Meeting” in said Section 18 of said Chapter 30A, as so appearing, is hereby further amended by striking out the word, “session.” at the end of clause (e) and inserting in place thereof the following words, “session; or”.
SECTION 5. The definition of “Meeting” in said Section 18 of said Chapter 30A, as so appearing, is hereby further amended by adding the following clause:-
(f) participation by members of a public body in a Public Internet Discussion.
SECTION 6. The definition of “Post Notice” in said Section 18 of said Chapter 30A, as so appearing, is hereby amended by inserting after the word “meeting”, the following words: - “or a public internet discussion”.
SECTION 7. Said Section 18 of said Chapter 30A, as so appearing, is hereby further amended by inserting after the definition of “Post Notice” the following definition:-
“Public Internet Discussion”, a discussion via the Internet by members of a public body, which may include matters within the body’s jurisdiction. All public Internet discussions shall be set up so that the public can monitor the discussion among members of the public body. At the discretion of the public body, a public Internet discussion may be set up so that some defined subset of the public can also make statements in the public Internet discussion. Everyone making statements in a public Internet discussion shall be authenticated, so that all statements can be accurately attributed to the person making them. No votes or formal actions may be taken in a public Internet discussion and there is no quorum requirement for a public Internet discussion.
SECTION 8. Section 20 of Chapter 30A, as so appearing, is hereby amended by striking out subsection (a) in its entirety and inserting in place thereof the following subsection:-
(a)(1)Except as provided in Section 21, all meetings of a public body shall be open to the public.
(2)All public Internet discussions shall be open to the public in that members of the public must be able to monitor the proceedings via the Internet.
(3)No deliberations may take place except at
(i)Meetings,
(ii)Public Internet Discussions, or
(iii)gatherings that meet exceptions (d) or (e) under the definition of Meeting, as defined in Section 18.
SECTION 9. Said Section 20 of Chapter 30A, as so appearing, is hereby further amended by striking out subsection (b) in its entirety and inserting in place thereof the following subsection:-
(b) Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting and public Internet discussion at least 48 hours prior to the start of such meeting or public Internet discussion, excluding Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon as reasonably possible prior to such meeting or public Internet discussion. Notice shall be printed in a legible, easily understandable format and shall contain a listing of topics that the chair reasonably anticipates will be discussed at the meeting or public Internet discussion.
(1)In the case of a meeting, the notice also shall contain the date, time and place of the meeting.
(2)In the case of a public Internet discussion, the notice also shall contain the date and time of the start of the public internet discussion and shall state whether the public is limited to monitoring the discussion among members of the public body or whether some defined subset of the public can also make statements in the public Internet discussion. If some defined subset of the public can make statements in the public Internet discussion, the notice shall provide, or direct readers to, directions for members of that subset to get authenticated so that they can make statements in the public Internet discussion and their statements can be attributed accurately.
(3)In the case of a public Internet discussion held via an internet service such as a computer-mediated discussion, conference, forum or blog, it shall be publicly accessible and the notice shall include the URL (or URLs, if there are more than one) and any other information required to access the discussion and its archive.
(4)In the case of a public Internet discussion based on the exchange of discrete messages, it shall be possible for the public to subscribe to receive the messages and the messages shall be available from a publicly accessible archive. The notice shall include instructions for subscribing to the messages and instructions for accessing them from the archive.
(5)In the case of a continuing public Internet discussion, a notice that the public Internet discussion is continuing shall be reposted at least once a month. This notice shall include the instructions for accessing the public Internet discussion and its archive and shall list the topics that the chair reasonably anticipates will be discussed during the following month.
SECTION 10. Said Section 20 of Chapter 30A, as so appearing, is hereby further amended by inserting after the word “meetings”, in each instance in which it appears in subsection (c), the following words:- “and public internet discussions”.
SECTION 11. Said Section 20 of Chapter 30A, as so appearing, is hereby further amended by striking the word “The” at the beginning of subsection (d) and inserting in place thereof the following words:- “In the case of a physical meeting, the”.
SECTION 12. Said Section 20 of Chapter 30A, as so appearing, is hereby further amended by inserting in subsection (d), at the end thereof, the following sentences:- "In the case of public Internet discussions, there is no concept of the physical location of the discussion. Independent of participants’ physical locations, when they are participating in a public Internet discussion, they are present at the discussion. The public must be offered the same access to see, read, or hear the proceedings as the members of the public body have themselves.”
SECTION 13. Section 22 of Chapter 30A, as so appearing, is hereby amended by striking out subsection (a) in its entirety and inserting in place thereof the following subsection:-
(a)(1)A public body shall create and maintain accurate minutes of all meetings, including executive sessions, setting forth the date, time and place, the members present or absent, a summary of the discussions on each subject, a list of documents and other exhibits used at the meeting, the decisions made and the actions taken at each meeting, including the record of all votes.
(2)All information exchanged during a public Internet discussion must be captured and maintained and be freely accessible via the Internet. Each message or statement must have an indication of the date and time it was made and the person who made it. All statements made or opinions expressed in a public Internet discussion are made solely on behalf of the person making the statement or expressing the opinion (independent of whether that person is a member of the public body or the public at large), not on behalf of the public body.
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An Act modernizing protections for consumers in automobile transactions
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H311
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HD3258
| 193
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{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-17T14:06:29.947'}
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[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-17T14:06:29.9466667'}, {'Id': 'FEP1', 'Name': 'Francisco E. Paulino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FEP1', 'ResponseDate': '2023-01-24T18:50:54.6433333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:02:31.0633333'}, {'Id': None, 'Name': 'Attorney General Andrea Joy Campbell', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T10:22:41.82'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H311/DocumentHistoryActions
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Bill
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By Representative González of Springfield, a petition (accompanied by bill, House, No. 311) of Carlos González and others relative to modernizing protections for consumers in automobile transactions. Consumer Protection and Professional Licensure.
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SECTION 1. Section 7N of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 3, the words “such sale” and inserting in place thereof the following:- delivery.
SECTION 2. Said section 7N of said chapter 90 is hereby further amended by striking out, in lines 9 and 13, the word “sale” and inserting in place thereof, in each instance, the following:- delivery.
SECTION 3 Section 7N¼ of said chapter 90 is hereby amended by striking out clauses (i), (ii), and (iii) of paragraph (2)(B) and inserting in place thereof the following:- (i) For a used motor vehicle which, at the time of sale, has been operated less than 50,000 miles, 90 days or 3,750 miles, whichever occurs first. Said 90 days or 3,750 mile warranty is in addition to any right the consumer may have under section 7N½.
(ii) For a used motor vehicle which, at the time of sale, has been operated 50,000 miles or more, but less than 100,000 miles, 60 days or 2,500 miles, whichever first occur.
(iii) For a used motor vehicle which, at the time of sale, has been operated 100,000 miles or more, but less than 200,000 miles, 30 days or 1,250 miles, whichever first occur.
SECTION 4. Paragraph (1) of subsection (c) of section 58 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out “$25,000” and inserting in place thereof the following:- $50,000.
SECTION 5. Said subsection (c) of said section 58 of said chapter 140 is hereby further amended by striking out paragraph (2) and inserting in place thereof the following:- (2) Any person, or the attorney general, may make a claim for recovery against the bond for an act or omission on which the bond is conditioned if the act or omission occurred during the term of the bond. Every bond shall also provide that no claim may be made against the bond unless the claimant provides the bondholder notice of the claim within 1 year after the event giving rise to the claim.
SECTION 6. Said subsection (c) of said section 58 of said chapter 140 is hereby further amended by adding the following paragraph:- (9) The attorney general may recover from the bond or its equivalent on behalf of a person or a class of persons who suffer loss on account of clauses (i) – (vi) of paragraph (1).
SECTION 7. Section 1 of chapter 255B of the General Laws is hereby amended by striking out the definition of “Holder” and inserting in place thereof the following 3 definitions:-
“Holder”, the retail seller of the motor vehicle under or subject to a retail installment contract, lease agreement or, if the contract is purchased by a financing agency or other assignee, the sales finance company or other assignee.
“Lease agreement” or “lease”, a contract, signed by the lessee in this state, that includes payment for the use of a motor vehicle for a period of time exceeding 4 months.
“Lessee”, a person, or any legal successor in interest to such person, who executes a lease agreement or lease on a motor vehicle for use primarily for personal, family or household purposes.
SECTION 8. Said section 1 of said chapter 255B is hereby further amended by striking out the definition of “retail installment contract” and inserting in place thereof the following definition:-
“Retail installment contract” or “contract”, an agreement, signed by the buyer in this state, pursuant to which the title to, the property in or a lien upon a motor vehicle, which is the subject matter of a retail installment sale, is retained or taken by a retail seller from a retail buyer as security, in whole or in part, for the buyer's obligation. The term includes a chattel mortgage, a conditional sales contract and a contract for the bailment of a motor vehicle by which the bailee contracts to pay as compensation for its use a sum substantially equivalent to or in excess of its value and by which it is agreed that the bailee is bound to become, or has the option of becoming, the owner of the motor vehicle upon full compliance with the terms of the contract.
SECTION 9. Said section 1 of said chapter 255B is hereby further amended by striking out the definition of “Retail seller” and inserting in place thereof the following definition:-
“Retail seller” or “seller”, a person who sells or leases a motor vehicle to a retail buyer or lessee under or subject to a retail installment contract or lease agreement.
SECTION 10. Said chapter 255B is hereby further amended by striking out section 20A, and inserting in place thereof the following section:-
Section 20A. (a) An agreement of the parties in a retail installment contract or lease agreement defining default is enforceable only to the extent that the default is material and consists of the buyer’s or lessee’s failure to make 1 or more installments as required by the agreement; or the occurrence of an event which substantially impairs the value of the collateral.
(b) After a default by a buyer or lessee under a consumer credit transaction or lease agreement, the secured creditor or lessor may not bring an action against the buyer or lessee or proceed against the collateral until he gives the buyer or lessee the notice described in this section. The notice so required shall be deemed to be delivered when delivered to the debtor or when mailed to the debtor at the debtor’s address last known to the creditor. If a buyer or lessee cures a default after receiving notice and again defaults, the creditor or lessor shall give another notice before bringing an action or proceeding against the collateral with respect to the subsequent default, but no notice is required in connection with a subsequent default if, within the period commencing on the date of the consumer credit transaction or lease agreement subject to this section and the date of the subsequent default, the debtor has cured a default after notice 3 or more times.
(c) The notice shall be in writing and shall be given to the buyer or lessee 10 days or more after the default. The notice shall conspicuously state the rights of the buyer or lessee upon default in substantially the following form:—
The heading shall read:—“Rights of Defaulting Buyer or Lessee under the Massachusetts Motor Vehicle Installment Sales Act.” The body of the notice shall read:—“You may cure your default in (describe transaction in a manner enabling buyer or lessee to identify it) by paying to (name and address of creditor or lessor) (amount due) before (date which is at 21 days after notice is mailed). If you pay this amount within the time allowed, you are no longer in default and may continue on with the transaction as though no default had occurred.
If you do not cure your default by the date stated above, the said creditor or lessor may sue you to obtain a judgment for the amount of the debt or, if applicable, may take possession of the collateral.
If the creditor or lessor takes possession of the collateral, if any, you may get it back by paying the full amount of your debt plus any reasonable expenses incurred by the said creditor or lessor if you make the required payment within 20 days after he takes possession.''
(d) During the 21-day period after delivery of the notice required by this section the creditor or lessor may not because of that default accelerate the unpaid balance of the obligation, bring action against the buyer or lessee, or proceed against the collateral.
(e) Unless the secured creditor or lessor has first notified the buyer or lessee that he has elected to accelerate the unpaid balance of the obligation because of default, brought action against the buyer or lessee, or proceeded against the collateral, the buyer or lessee may cure a default consisting of a failure to pay money by tendering the amount of all unpaid sums due at the time of tender, without acceleration, plus any unpaid delinquency or deferral charges. Such a cure shall restore the buyer or lessee to his rights under the agreement as though the defaults had not occurred subject to the provisions of subsection (b).
SECTION 11. Section 20B of said chapter 255B is hereby amended by striking out subsections (a) to (c), inclusive, and inserting in place thereof the following 3 subsections:-
(a) Subject to the provisions of this section and section 20A a secured creditor or lessor under a consumer credit transaction or lease agreement may take possession of collateral. In taking possession the secured creditor or lessor under a consumer credit transaction or lease agreement may proceed without a prior hearing only if the default is material and consists of the debtor’s failure to make 1 or more payments as required by the agreement or the occurrence of an event which substantially impairs the value of the collateral and only if possession can be obtained without use of force, without breach of peace and unless the debtor consents to an entry, at the time of such entry, without entry on property owned by or rented to the debtor.
(b) Except as provided in subsection (a) a creditor or lessor under a consumer credit transaction or lease agreement may proceed against collateral only after a prior hearing. In any proceeding where possession of the collateral is part of the relief sought by a holder no court shall allow a secured creditor or lessor to take possession of collateral until the right of the creditor or lessor to take possession has been determined at a hearing at which the buyer or lessee has an opportunity to be heard having been notified in writing of said hearing at least 7 days in advance thereof.
(c) The buyer or lessee under a consumer credit transaction or lease agreement may redeem the collateral from the holder at any time within 20 days of the creditor’s or lessor’s taking possession of the collateral, or thereafter until the creditor or lessor has either disposed of the collateral, entered into a contract for its disposition, or gained the right to retain the collateral in satisfaction of the buyer’s or lessee’s obligation.
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An Act relative to remote participation in state public meetings
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H3110
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HD120
| 193
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{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-09T17:44:54.707'}
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[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-09T17:44:54.7066667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T17:53:21.7866667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-05T15:10:13.7'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3110/DocumentHistoryActions
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Bill
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By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 3110) of Lindsay N. Sabadosa and Michelle M. DuBois relative to remote participation in state public meetings. State Administration and Regulatory Oversight.
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Chapter 30A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 20 the following 2 sections:-
Section 20A. (a) A state public body may allow remote participation by all members for any meeting of the public body. For the purposes of this section, the term remote participation means participation by an individual during a meeting of a public body where the individual is not physically present at the meeting location.
(b) Members remotely participating in a meeting may vote, shall be considered present and in attendance for all purposes, including for purposes of determining a quorum and for the purposes of section 23D of chapter 39.
(c) For any meeting of a state public body, the public body shall make provisions to ensure public access to the deliberations of the public body and remote participation in the meeting for interested members of the public through adequate, alternative means. Adequate, alternative means of public access and remote participation shall mean measures that provide transparency and permit timely and effective public access to, and remote participation in, the meeting. Said measures may include, without limitation, providing public access and remote participation through telephone, internet or satellite enabled audio and video conferencing or any other technology that enables the public to clearly follow and engage in the proceedings of the virtual meeting while those proceedings are occurring. Where allowance for active, real-time participation by members of the public is a specific requirement of a general or special law or regulation, or a charter, local ordinance or by-law, pursuant to which the proceeding is conducted, any alternative means of public access and remote participation shall provide for such participation.
A public body shall offer its selected alternative means of public access to, and remote participation in, virtual meetings without subscription, toll or similar charge to the public.
(d) A public body that elects to conduct its proceedings remotely shall ensure that any party entitled or required to appear before it may do so through remote means, as if the party were a member of the public body participating remotely.
Section 20B. All meetings of a state public body shall be recorded by video, with the recording posted on the website of the public body not later than 2 business days after the meeting ends.
Except in an emergency, any materials relevant to matters on the agenda of a meeting of a state public body, including but not limited to materials related to specific applications or agenda items, shall be submitted to the state public body not later than 48 hours prior to the meeting, excluding Saturdays, Sundays and legal holidays. Said materials shall be posted to the website of the public body for public inspection prior to, during and after the meeting. Materials posted on the website of the state public body, including meeting recordings, shall remain accessible to the public on the website for not less than 2 years.
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An Act relative to DCR skating rinks
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H3111
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HD3734
| 193
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-20T13:10:23.31'}
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[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-20T13:10:23.31'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3111/DocumentHistoryActions
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Bill
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By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 3111) of Jon Santiago for legislation to authorize the Division of Capital Asset Management and Maintenance to lease certain Department of Conservation and Recreation skating rinks. State Administration and Regulatory Oversight.
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(a) Notwithstanding sections 32 to 37 of chapter 7C and sections 52 to 55 of chapter 7 of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, using those competitive proposal processes as the division considers necessary or appropriate, in consultation with the department of conservation and recreation, may lease and enter into other agreements with 1 or more bidders, for 1 or more ice-skating rinks and facilities, for terms not to exceed 30 years, for the continued use, operation, maintenance, repair and improvement of the state-owned buildings and facilities, together with the land and appurtenances associated therewith, comprising the following ice skating rinks and facilities under the care and control of the department of conservation and recreation:
Veterans Memorial Skating Rink, Arlington; Porazzo Memorial Rink, East Boston district, Boston; Roche Memorial Rink, West Roxbury district, Boston; Simoni Memorial Rink, Cambridge; Allied Veterans Memorial Rink, Everett; Connery Memorial Rink, Lynn; Flynn Memorial Rink, Medford; LoConte Memorial Rink, Medford; Daly Memorial Rink, Newton; Cronin Memorial Rink, Revere; Max Ulin Skating Rink, Milton; Kasabuski Arena, Saugus; Veterans Memorial Rink, Somerville; Shea Memorial Rink, Quincy; Veterans Memorial Rink, Waltham; Connell Memorial Rink and Pool, Weymouth; Representative John G. Asiaf Skating Rink, Brockton; Arthur R. Driscoll Memorial Skating Rink, Fall River; Staff Sergeant Robert Pirelli Veterans Memorial Rink, Franklin; Stephen Hetland Memorial Skating Rink, New Bedford; John A. Armstrong Memorial Skating Rink, Plymouth; Theodore J. Aleixo, Jr. Skating Rink, Taunton; Veterans Memorial Skating Arena, Haverhill; John J. Janas Memorial Skating Rink, Lowell; Henry Graf, Jr., Skating Rink, Newburyport; James E. McVann and Louis F. O'Keefe Memorial Skating Rink, Peabody; Daniel S. Horgan Memorial Skating Rink, Auburn; Gardner Veterans Skating Rink, Gardner; John J. Navin Skating Rink, Marlboro; Honorable Charles J. Buffone Skating Rink, Worcester; Greenfield Area Skating Rink, Greenfield; Henry J. Fitzpatrick Skating Rink, Holyoke; Ray Smead Memorial Skating Rink, Springfield; and Vietnam Veterans Memorial Skating Rink, North Adams.
(b) The lease and other agreements shall be on terms acceptable to the commissioner of capital asset management and maintenance, after consultation with the commissioner of conservation and recreation and, notwithstanding any general or special law to the contrary, shall provide for the lessees to operate, manage, improve, repair and maintain the ice-skating rinks and facilities. Any such lease or other arrangement shall include a description of the required capital improvements and, at a minimum, performance specifications. Any consideration received from the leases or other agreements shall be payable to the department for deposit in the Conservation Trust, established under section 1 of chapter 132A of the General Laws.
There shall be an option for renewal or extension of the leases and other agreements not exceeding an additional 5 years. Such renewal or extension shall be at the discretion of the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, in accordance with the original lease terms and conditions or agreement terms and conditions more favorable to the commonwealth. All leases must contain a provision that requires the lessee to carry comprehensive general liability insurance with the commonwealth named as a co-insured, protecting the commonwealth against all personal injury or property damage within the rink or on the land during the term of the lease.
(c) The division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the lease, including but not limited to (1) a comprehensive list of all rinks operated by the responsive bidder in the last four years, (2) prior or current facilities management or experience of the responsive bidder, (3) prior or current skating or hockey management experience of the responsive bidder, (4) reservation policies, (5) proposed reasonable rates that will ensure continued public access, (6) required financial audits, (7) policies to encourage use of the rink by persons of all races and nationalities, (8) safety and security plans, (9) seasonal opening and closing dates, (10) hours of operation, and (11) how the operator will ensure that ice time at the rink shall be allocated to user groups in the following order of priority: general public skating; nonprofit youth groups; school hockey, for-profit youth groups other than non-profit youth groups; and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator, but general public skating shall be booked, in 2-hour contiguous blocks at a minimum of 12 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender.
The inspector general shall review and approve any request for proposals issued by the division before issuance.
(d) The leases and other agreements authorized in this section shall provide that any benefits to the community and the costs of improvements and repairs made to the property provided by the lessees shall be taken into account as part of the consideration for the lease or other agreements. The lessees or the recipients of the property shall bear the costs considered necessary or appropriate by the commissioner of capital asset management and maintenance for the transactions including, without limitation, costs for legal work, survey, title and the preparation of plans and specifications.
(e) The provisions of any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to the procurement of services or to the construction and design of improvements shall not be applicable to any selected bidder which is awarded a lease pursuant to this section, except as provided in this section.
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An Act creating the office of scientific services
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H3112
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HD3735
| 193
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-18T09:09:14.94'}
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[{'Id': None, 'Name': 'David Reno', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T09:09:14.9533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3112/DocumentHistoryActions
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Bill
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By Representative Santiago of Boston (by request), a petition (accompanied by bill, House, No. 3112) of David Reno for legislation to establish an office of science services within the Executive Office of Technology Services and Security. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after section 7A the following section:-
SECTION 7B. The Executive Office of Technology Services and Security shall establish the Office of Science Services. This agency shall consist of seven members of the scientific community to be appointed by the Chief Information Officer. Members of the Office of Science Services may provide scientific guidance to members of the General Court and executive agencies. Each member of the Office of Science Services shall be appointed for terms of five years.
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An Act to promote American manufacturing
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H3113
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HD883
| 193
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{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-17T14:49:57.883'}
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[{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-17T14:49:57.8833333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-09T13:14:00.4933333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-09T13:14:00.4933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3113/DocumentHistoryActions
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Bill
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By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No. 3113) of Adam Scanlon that state or municipal agencies or authorities give preference to materials and goods manufactured in the United States. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 7 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 22O, the following new section:-
Section 22P. USE OF AMERICAN MATERIALS
(a) Notwithstanding any general or special law to the contrary relating to procurement, and to the extent permitted by federal law, a state or municipal agency or authority shall, after giving preference pursuant to the provision of section 22O of this chapter for each contract for the construction, reconstruction, alteration, repair, improvement or maintenance of a public building or public works made by a public agency shall contain a provision that the iron, steel, fabricated steel, and manufactured goods used or supplied in the performance of the contract or any subcontract thereto shall be manufactured in the United States.
(b) The provisions of subsection
(a) of this section shall not apply in any case or category of cases in which the executive head of a public agency finds —
(1) that their application would be inconsistent with the public interest;
(2) that such materials and products are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory quality; or
(3) that inclusion of domestic material will increase the cost of the overall project
contract by more than 25 percent.
(c) If the executive head of a public agency receives a request for a waiver under subsection (b), the agency shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.
(A.) A notice provided under subparagraph (A) shall —
(i) include the information available to the Secretary concerning the request, including whether the request is being made under subsection (b)(1), (b)(2), or (b)(3); and
(ii) be provided by electronic means, including on the official public Internet Web site of the agency.
(B) If the Secretary issues a waiver under subsection (b), the Secretary shall publish in the [applicable state record] a detailed justification for the waiver that —
(i) addresses the public comments received under paragraph (c)(A); and
(ii) is published before the waiver takes effect.
(d) Intentional Violations. If it has been determined by a court or Federal or State agency that any person intentionally —
(1) affixed a label bearing a "Made in America" inscription, or any inscription with the same meaning, to any iron, steel, fabricated steel, or manufactured good used in projects to which this section applies, sold in or shipped to the United States that was not made in the United States; or
(2) represented that any iron, steel, fabricated steel, or manufactured good used in projects to which this section applies that was not produced in the United States, was produced in the United States; that person shall be ineligible to receive any contract or subcontract with this State. The Attorney General is authorized to enforce the provision of the section.
SECTION 2. Chapter 30B of the General Laws is hereby amended by inserting after section 20, the following new section:
Section 20A. (a) Notwithstanding any general or special law to the contrary and to the extent permitted by federal law, any governmental body subject to the provisions of this chapter shall require, in all contracts pertaining to any construction project exceeding $500,000, for each contract for the construction, reconstruction, alteration, repair, improvement or maintenance of a public building or public works made by a public agency shall contain a provision that the iron, steel, fabricated steel, and manufactured goods used or supplied in the performance of the contract or any subcontract thereto shall be manufactured in the United States.
(b) The provisions of subsection (a) may not apply if less than three steel manufacturers and/or fabricators located in the United States have submitted responsive bids under the provisions of this chapter.
(c) If any provision of this chapter or application thereof is held to be invalid or in conflict with any applicable laws, this invalidity or conflict shall not affect the other provisions or applications which shall be given affect without the invalid provisions or applications, and to this end, the provisions and applications of this chapter are severable.
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An Act relative to rate fairness for water and sewer ratepayers under the jurisdiction of the Massachusetts Water Resources Authority
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H3114
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HD1441
| 193
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T13:51:21.5'}
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[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T13:51:21.5'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3114/DocumentHistoryActions
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Bill
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By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 3114) of Jeffrey Rosario Turco for legislation to require the State Auditor to audit cities and towns for certain assessments charged for the furnishing of sewer or water services. State Administration and Regulatory Oversight.
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section 10A as section 10A of chapter 372 of the acts of 1984, as inserted by section 244 of chapter 110 of the acts of 1993 is amended by inserting the following:
Section 10B. Any city or town which elects to include in such assessments and charges, costs actually incurred in the furnishing of sewer or water services as provided in Section 10A shall be audited, for such assessments and charges, by the Office of the State Auditor not less than every three years. Such audit shall include but not be limited to a review of all chargebacks and expenses as well as a staffing analysis which shall determine whether a substantial majority of each employee's time is a cost actually incurred in the furnishing of sewer or water services as opposed to unrelated municipal services.
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Resolve providing for the creation of a commemorative memorial portrait in the Massachusetts State House in honor of State Representative Doris Bunte
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H3115
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HD3895
| 193
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{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T15:08:52.86'}
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[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T15:08:52.86'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-20T15:12:24.7266667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-14T12:16:25.65'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-14T12:16:25.65'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-05-08T11:18:24.7833333'}]
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{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-20T15:08:52.86'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3115/DocumentHistoryActions
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Resolve
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By Representatives Tyler of Boston and Fluker Oakley of Boston, a petition (accompanied by resolve, House, No. 3115) of Chynah Tyler, Brandy Fluker Oakley and others relative to the creation of a commemorative memorial portrait in the Massachusetts State House in honor of State Representative Doris Bunte. State Administration and Regulatory Oversight.
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Resolved, providing for the creation of a commemorative memorial portrait in the Massachusetts State House in honor of State Representative Doris Bunte, provided further that $250,000 be administered annually to the Representative Doris Bunte scholarship fund managed and disbursed by the Massachusetts Black & Latino Legislative Caucus, that the superintendent of the bureau of the state house shall, subject to the approval of the art commission as to size and content, install and maintain a portrait in a suitable space in the Massachusetts State House. In determining the location of such portrait, said commission shall consult with the house committee on rules, the Massachusetts Black and Latino Legislative Caucus, and shall cause said memorial to be officially installed in the Massachusetts State House.
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An Act relative to charter school procurement
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H3116
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HD1055
| 193
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{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-18T10:30:02.677'}
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[{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-18T10:30:02.6766667'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-18T10:30:03.02'}]
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{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-18T10:30:02.677'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3116/DocumentHistoryActions
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Bill
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By Representatives Ultrino of Malden and Donato of Medford, a petition (accompanied by bill, House, No. 3116) of Steven Ultrino and Paul J. Donato relative to charter schools and the uniform procurement act. State Administration and Regulatory Oversight.
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Section 2 of chapter 30B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Governmental body” and inserting in place thereof the following definition:-
“Governmental body”, (i) a city, town, district, regional school district, county, or agency, board, commission, authority, department or instrumentality of a city, town, district, regional school district or county; or (ii) a charter school, as defined in section 89 of chapter 71.
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An Act to enhance cooperative purchasing opportunities for cities and towns
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H3117
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HD1239
| 193
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{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-11T14:22:00.493'}
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[{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-11T14:22:00.4933333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-18T12:02:13.5933333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T16:26:42.2933333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-15T16:24:34.17'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-21T11:15:24.9533333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-21T11:14:14.0766667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-21T15:48:35.93'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T13:54:52.5666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T09:35:38.2633333'}]
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-13T10:13:13.59'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3117/DocumentHistoryActions
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Bill
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By Representatives Ultrino of Malden and Gentile of Sudbury, a petition (accompanied by bill, House, No. 3117) of Steven Ultrino, Carmine Lawrence Gentile and others for legislation to further regulate public procurement. State Administration and Regulatory Oversight.
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SECTION 1. Section 22 of chapter 30B of the General Laws is hereby amended by inserting after the first paragraph, the following paragraph: -
Notwithstanding the provisions of any other section of this Chapter, public procurement units that conduct a cooperative purchasing agreement may award contracts to multiple offerors through a request for proposals if their chief procurement officer determines that doing so is in the best interests of the parties to the cooperative purchasing agreement.
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An Act establishing an office of economic empowerment
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H3118
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HD1148
| 193
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{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-10T10:37:28.58'}
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[{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-10T10:37:28.58'}, {'Id': None, 'Name': 'Deborah B. Goldberg', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T14:25:34.7166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T16:26:31.4533333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T11:16:33.8266667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-28T15:50:06.2433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3118/DocumentHistoryActions
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Bill
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By Representative Ultrino of Malden, a petition (accompanied by bill, House, No. 3118) of Steven Ultrino and others for legislation to establish an office of economic empowerment within the office of the State Treasurer. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 10, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 78 the following section:-
Section 79. (a) There shall be within the office of the state treasurer an office of economic empowerment. The office of economic empowerment shall perform such functions as the treasurer may determine in relation to the provision of equitable access to opportunities and resources through equity-centered programs, policies, and partnerships to promote economic mobility and financial independence to residents across the commonwealth.
(b) The office shall be under the supervision and control of the executive director. The executive director shall be the executive and administrative head of the office and shall be responsible for administering and enforcing the laws and regulations relative to the office and to any administrative unit of the office thereof. The duties given to the executive director in this act shall be exercised and discharged subject to the direction, control, and supervision of the state treasurer.
(c) The executive director may, subject to appropriation, appoint and remove such employees as they deem necessary to perform the duties of their office, and may determine their salaries and duties; provided, however, that the total amount of all such salaries shall not exceed the sum appropriated by the general court.
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An Act designating January 30 of each year as Fred Korematsu Day of Civil Liberties and the Constitution in Massachusetts
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H3119
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HD2171
| 193
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{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-19T10:56:18.397'}
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[{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-19T10:56:18.3966667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-26T09:14:59.19'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-06T08:52:44.91'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3119/DocumentHistoryActions
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Bill
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By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 3119) of Erika Uyterhoeven, Steven Ultrino and Lydia Edwards for the annual issuance of a proclamation by the Governor setting apart January 30 of each year as Fred Korematsu Day of civil liberties and the Constitution. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6 of the General Laws, is hereby amended by inserting after section 15MMMMMM, the following section:-
Section 15NNNNNN. The governor shall annually issue a proclamation setting apart January 30 of each year as Fred Korematsu Day of Civil Liberties and the Constitution, in recognition of the birthday of Fred Korematsu and to educate about and honor the life of Fred Korematsu, his perseverance, and his determination to advocate for the civil liberties of all Americans, and recommending that the day be an opportunity for civic participation and observed in an appropriate manner by the people.
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An Act relative to retailer-backed coupons
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H312
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HD328
| 193
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{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T10:41:31.71'}
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[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T10:41:31.71'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H312/DocumentHistoryActions
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Bill
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By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 312) of Kenneth I. Gordon relative to the use retailer-backed coupons by licensees authorized to sell alcoholic beverages at retail for off-premises consumption. Consumer Protection and Professional Licensure.
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SECTION 1. Section 25C subsection (f) of Chapter 138 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “necessary”, the following words:-
Notwithstanding anything to the contrary contained in this Chapter, a licensee authorized to sell alcoholic beverages at retail for off-premises consumption may issue coupons to customers for the purchase of alcoholic beverages at prices below current posted prices provided that the final cost to a customer is not below the retailer’s invoiced cost after applicable discounts.
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An Act to close travel loophole in the state conflict of interest law, and to provide for greater transparency and accountability regarding travel gifts
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H3120
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HD2195
| 193
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{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-17T13:29:25.813'}
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[{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-17T13:29:25.8133333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-22T09:57:44.8333333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-27T16:52:09.5333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3120/DocumentHistoryActions
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Bill
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By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 3120) of Erika Uyterhoeven, Carol A. Doherty and David Henry Argosky LeBoeuf relative to the state conflict of interest law and travel gifts. State Administration and Regulatory Oversight.
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SECTION 1. Section 3(f) of Massachusetts General Laws Chapter 268A is hereby amended by inserting immediately before the end of subsection (iv) the following: "; provided, however, that no exclusion shall be established for travel expenses paid or reimbursed by an organization that, for the year in
which the travel commences, is registered with the State Secretary as a Client under the Massachusetts Lobbying Law, Massachusetts General Laws Chapter 3 Sections 39 and 41."
SECTION 2. The State Ethics Commission shall maintain, and make available to any member of the public upon request, a remotely accessible electronic data base of all travel expense disclosure forms filed by elected public officials as required by the Commission's regulations at 930 CMR 5.00. The electronic data base shall be searchable by name of the elected public official filing the disclosure.
SECTION 3. The State Ethics Commission shall revise the travel expense disclosure form filed by elected public officials to include whether the official has, within the 12 months prior to the commencement of travel, been the subject of legislative lobbying by the organization paying his or her travel expenses with respect to legislation filed with the General Court. For the purposes of this Section 3, the terms "legislative lobbying" and "legislation" shall have the meanings given them by Massachusetts General Laws Chapter 3 Section 39.
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An Act relative to the open meeting law
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H3121
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HD2204
| 193
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{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-19T11:22:33.383'}
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[{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-19T11:22:33.3833333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-07-10T19:56:17.2433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3121/DocumentHistoryActions
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Bill
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By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 3121) of Erika Uyterhoeven for legislation to make the General Court subject to the open meeting law. State Administration and Regulatory Oversight.
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SECTION 18 of chapter 30A of the General Laws, is hereby amended in the definition of "Public Body", by striking the phrase "the general court or the committees or recess commissions thereof".
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An Act enhancing the effectiveness of nonprofits’ core mission work through full cost funding
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H3122
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HD885
| 193
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{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-17T14:52:37.547'}
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[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-17T14:52:37.5466667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-24T09:59:28.6533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3122/DocumentHistoryActions
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Bill
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By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 3122) of Andres X. Vargas and Mindy Domb for legislation to provide that certain grants or contracts allow for reimbursement of indirect costs. State Administration and Regulatory Oversight.
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Notwithstanding any special or general laws to the contrary, Chapter 29 of the General Laws is hereby amended by inserting after section 6B the following section:-
Section 6BB. (a) For the purposes of this section, the following words shall have the following definitions, unless the context clearly requires otherwise:
“Indirect costs” means any costs that would be considered to be indirect costs under 2 C.F.R. 200.414 OMB uniform guidance.
“NICRA” means a Negotiated Indirect Cost Rate Agreement that reflects an indirect cost rate negotiated between the federal government and a grant or contract awardee, which is used to calculate an awardee’s compensation by federal agencies for indirect costs.
“Nonprofit organization” means an organization that is tax exempt under § 501(c)(3), (4), or (6) of the internal revenue code.
“OMB uniform guidance” means the uniform administrative requirements, cost principles, and audit requirements for federal awards adopted by the office of management and budget in 2 C.F.R. 200 and any related guidance published by the office of management and budget.
(b) If a nonprofit organization is a direct recipient or subrecipient of a grant or contract for the provision of services that is funded either wholly with state funds or with a combination of state and other non-federal funds, the terms of the grant or contract shall allow for reimbursement of indirect costs:
(1) at the same rate the nonprofit organization has negotiated and received for a NICRA under a direct federal award, providing the current rate is unexpired; and
(2) if the nonprofit organization has not negotiated and received an indirect cost rate described in item (a) of this subsection:
(i) at a rate of at least 15% of the costs that would be considered modified total direct costs under OMB uniform guidance,
(ii) by negotiating a new percentage indirect cost rate with the Executive Office of Administration and Finance per guidelines established by the Secretary of the Executive Office of Administration and Finance.
(c) This section applies whether or not the funds awarded through the grant or contract are transferred directly by the state or through a third party to the nonprofit organization.
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An Act relative to assessing the costs of unemployment fraud
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H3123
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HD1130
| 193
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{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:05:30.49'}
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[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:05:30.49'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3123/DocumentHistoryActions
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Bill
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By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 3123) of Marcus S. Vaughn that the State Auditor conduct a comprehensive audit of the Department of Unemployment Assistance to determine the level of unemployment fraud during the 2019 novel coronavirus pandemic. State Administration and Regulatory Oversight.
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Notwithstanding any general or special law to the contrary, the department of the state auditor shall conduct a comprehensive audit of the department of unemployment assistance to determine the level of unemployment fraud that has taken place during the 2019 novel coronavirus pandemic, also known as COVID-19. The audit shall include, but not be limited to: (1) a review and examination of the policies and procedures of the department of unemployment assistance to prevent and address unemployment fraud; (2) a review of any and all costs to the state and taxpayers due to unemployment fraud during the course of the pandemic; and (3) any recommendations regarding how to improve the department of unemployment’s policies to prevent unemployment fraud.
The department of the state auditor shall publish a report of its findings and make the report available to the public not later than December 31, 2021.
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An Act establishing Diwali as a state holiday
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H3124
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HD1142
| 193
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{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:08:41.29'}
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[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:08:41.29'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3124/DocumentHistoryActions
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Bill
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By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 3124) of Marcus S. Vaughn for legislation to designate Diwali as a legal holiday in the Commonwealth. State Administration and Regulatory Oversight.
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SECTION 1. Clause eighteenth of section 7 of chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “October,” in line 100, the following word:- Diwali.
SECTION 2. Chapter 9 of the General Laws is hereby amended by adding the following section:-
Section 32. The state secretary shall annually, no later than July first, publish the date on which Diwali shall be observed as a legal holiday during the following calendar year. The date of Diwali’s observance shall be based on the date of the new moon during the Hindu month of Kartik.
SECTION 3. Section 13 of chapter 136 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “noon,” in line 6, the following word:- Diwali.
SECTION 4. Section 16 of said chapter 136, as so appearing, is hereby amended by striking out, in line 3, the words “and labor day” and inserting in place thereof the following words: , labor day and Diwali.
SECTION 5. Said section 16 is hereby further amended by striking out, in line 18, the words “or Labor Day” and inserting in place thereof the following words:- , Labor Day or Diwali.
SECTION 6. Said section 16 is hereby further amended by striking out, in line 23, the words ““July Fourth” and “Labor Day”” and inserting in place thereof the following words:- “July Fourth,” “Labor Day” and “Diwali”.
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An Act authorizing the release of a certain sewer easement in the town of Norfolk
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H3125
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HD1159
| 193
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{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:12:27.953'}
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[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:12:27.9533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-17T13:17:22.38'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3125/DocumentHistoryActions
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Bill
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By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 3125) of Marcus S. Vaughn that the commissioner of the Division of Capital Asset Management and Maintenance be authorized to release a certain sewer easement in the town of Norfolk. State Administration and Regulatory Oversight.
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SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of correction, may release by deed or other instrument for the benefit of:
(1) Thirty Eight Main Street Realty Trust, owner of the premises located at 38 Main street in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on said real property owned by said trust;
(2) RASCO Realty Trust, owner of the premises located at 48 Seekonk street in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on said real property owned by said trust;
(3) Everett Benton and Linda Benton, owners of the premises located at 19 King Philip trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said persons;
(4) K&M Property Management LLC, owner of the premises located at 17 King Philip trail in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on said real property owned by said K&M Property Management LLC;
(5) John Knox and Linda Knox, owners of the premises located at 15 King Philip trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said persons;
(6) Louise D. Rachin Revocable Trust, owner of the premises located at 11 King Philip trail in the town of Norfolk, its successors or assigns, the portion of a sewer easement located on said real property owned by said trust;
(7) James Ricciardi and Mary Ricciardi, owners of the premises located at 9 King Philip trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said persons;
(8) Richard Schmidt and Susan Schmidt, owners of the premises located at 7 ½ King Philip trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said persons;
(9) Ellen Cargill, owner of the premises located at 7 King Philip trail in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said person;
(10) Paul Roach and Kevin Roach, owners of a premises located on Campbell street in the town of Norfolk, more particularly described in a deed recorded with the Norfolk county registry of deeds in book 17892, page 392, their successors or assigns, the portion of a sewer easement located on said real property owned by said persons;
(11) Bonnie G.C. McLaughlin and Robin Haeuser, owners of the premises located at 23 Campbell street in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said persons;
(12) Matthew Awad, owner of the premises located at 31 Campbell street in the town of Norfolk, their successors or assigns, the portion of a sewer easement located on said real property owned by said person;
(13) The town of Norfolk, owner of the premises located at 22 Campbell street and on King Philip trail in said town of Norfolk, more particularly described in a deed recorded with the Norfolk county registry of deeds in book 30128, page 584 and book 25488, page 308, the portion of a sewer easement located on said real property owned by said town; and
(14) NextGrid Patriots LLC, owner of the premises located on Lincoln road in the town of Norfolk, more particularly described in a deed recorded with the Norfolk county registry of deeds in book 37855, page 256, its successors or assigns, the portion of a sewer easement located on said real property owned by said NextGrid Patriots LLC.
The easement was taken by the department of correction for sewage disposal purposes in an order of taking dated October 29, 1930, recorded with the Norfolk county registry of deeds in book 1912, page 63. The easement is shown on a plan titled, “Commonwealth of Massachusetts, Department of Correction, State Prison Colony, Norfolk, Mass., Sewer Right of Way” prepared by Bayard F. Snow, dated October 29, 1930, which is on file with the Norfolk registry of deeds in plan book 112, pages 813 and 814. The exact boundaries of the easement to be released to each owner named in this section shall be determined by the division of capital asset management and maintenance, in consultation with the department of correction, based upon a survey.
SECTION 2. The release of the portion of the easement described in section 1 shall be in accordance with such terms and conditions as the commissioner of capital asset management and maintenance, in consultation with the commissioner of correction, shall prescribe.
SECTION 3. The consideration for the release of the easement pursuant to this act shall be the full and fair market value as determined by the commissioner of capital asset management and maintenance based on an independent professional appraisal. The commissioner shall submit the appraisal to the inspector general for review and comment. The inspector general shall review such appraisal, including, but not limited to, an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of such review and file the report with the commissioner. The commissioner shall submit copies of the appraisal and the inspector general’s report and approval and comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight prior to the execution of documents affecting the release of the easement authorized by this act.
SECTION 4. The owners of the land named in section 1 shall benefit from the release of the easement pursuant to this act and shall be responsible for any costs for surveys, appraisals, recording fees and other expenses relating to the release of the easement.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the division of capital asset management and maintenance to release a certain easement in the town of Norfolk, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
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An Act relative to the uniform procurement act
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H3126
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HD2275
| 193
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{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T12:02:41.33'}
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[{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T12:02:41.33'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3126/DocumentHistoryActions
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Bill
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By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 3126) of David T. Vieira relative to the uniform procurement law. State Administration and Regulatory Oversight.
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SECTION 1. The first sentence of section 1, subsection (e) of chapter 30B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “parties” the following words:- or governmental body
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An Act relative to chapter 30B procurement parity
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H3127
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HD2918
| 193
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{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-19T16:13:13.463'}
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[{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-19T16:13:13.4633333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-16T14:43:48.0066667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-04-05T17:40:44.3466667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-05T21:52:33.89'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-23T21:05:20.57'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-10T10:18:31.9633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3127/DocumentHistoryActions
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Bill
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By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 3127) of Tommy Vitolo and Jonathan D. Zlotnik relative to procurement parity. State Administration and Regulatory Oversight.
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SECTION 1. Section 4 of chapter 30B of the General Laws is amended by striking out paragraphs (a) and (b) and inserting in place thereof the following two sections:-
(a) Except as permitted pursuant to this section and section 7, for the procurement of a supply or service in the amount of $10,000 or greater, but not more than $100,000, a procurement officer shall seek written quotations from no fewer than 3 persons customarily providing the supply or service. The procurement officer shall record: (1) the names and addresses of all persons from whom quotations were sought, (2) the purchase description used for the procurement, (3) the names of the persons submitting quotations and (4) the date and amount of each quotation. Such information shall be retained in the file required pursuant to section 3. A governmental body may require that any procurement in an amount of not more than $100,000 be subject to the provisions of section 5 or section 6.
(b) The procurement officer shall award the contract to the responsible person offering the needed quality of supply or service at the lowest quotation unless the procurement officer elected to procure the supply or service subject to section 6. If the supply or service was procured subject to section 6, the procurement officer shall award the contract pursuant to section 6 subsection (g).
SECTION 2. Section 5 of said Chapter 30B, is hereby amended by striking out the figure “$50,000”, each time it appears, and inserting in place thereof the following figure:- $100,000.
SECTION 3. Section 6 of said Chapter 30B is hereby amended in paragraph (a) by striking out the figures “$50,000 or, a municipal or regional school district, more than $100,000” and inserting the following words: “$100,000, except as permitted pursuant to section 4 subsection (a),”
SECTION 4. Section 6A of said chapter 30B, is hereby amended by striking out the figure “$50,000” and inserting in place thereof the following figure:- $100,000
SECTION 5. Section 7 of said chapter 30B, is hereby amended by striking out the figure “$50,000” and inserting in place thereof the following figure:- $100,000
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Resolve establishing a commission on infrastructure resilience
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H3128
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HD1273
| 193
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{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T12:21:35.133'}
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[{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T12:21:35.1333333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-05-23T10:35:57.7166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3128/DocumentHistoryActions
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Resolve
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By Representative Walsh of Peabody, a petition (accompanied by resolve, House, No. 3128) of Thomas P. Walsh for an investigation by a special commission (including members of the General Court) relative to infrastructure resilience. State Administration and Regulatory Oversight.
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Resolved, (a) There shall be a special commission on infrastructure resilience for the purpose of studying infrastructure resilience in the commonwealth and shall include but not be limited to: identifying gaps in security and developing a strategic plan to address specific shortcomings, better protect existing infrastructure assets, and improve coordination between state and local agencies, utilities, and emergency responders relevant to infrastructure resilience in the commonwealth.
(b)The commission shall: (i) investigate the current status of infrastructure resilience in the commonwealth; (ii) identify and assess gaps in security and vulnerabilities present in our infrastructure; (iii) develop a plan and timeline to conduct a statewide infrastructure resilience needs assessment, which shall be under the direction of the executive office of public safety and security; (iv) explore best practices gleaned from industry trade groups, government bodies, and experts; (v) assess current sector capacity for implementation of recommendations (vi) report on other matters as the commission shall determine to be of relevance and priority.
(c) The commission shall consist of thirteen members: the secretary of the executive office of public safety and security or a designee, who shall serve as chair; the house and senate chairs of the joint committee on telecommunications, utilities, and energy or their designees, the executive director of the American Petroleum Institute or a designee; the president of ISO-New England or a designee; the chair of the Massachusetts department of public utilities or a designee; three members to be appointed by the governor, provided that one member be from the petroleum or natural gas pipeline industry; two members to be appointed by the speaker of the house, provided that one appointee shall be a representative from the telecommunications industry; and two members to be appointed by the president of the senate, provided that one appointee shall be a representative from the electricity generating industry.
The commission may consult with relevant experts to support the commission’s objectives and the production of its report.
(d)The commission shall file its report and recommendations with the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on telecommunications, utilities, and energy not later than July 31, 2024.
SECTION 2. This act shall take effect upon its passage.
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An Act establishing the official sedimentary structure of the Commonwealth
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H3129
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HD647
| 193
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{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-15T12:31:21.123'}
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[{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-15T12:31:21.1233333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-06-23T10:11:18.0966667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-02T12:21:34.59'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-30T22:34:55.42'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-01T11:51:11.7866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T08:13:33.02'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-16T11:17:31.1833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3129/DocumentHistoryActions
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Bill
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By Representative Whipps of Athol, a petition (accompanied by bill, House, No. 3129) of Susannah M. Whipps and others for legislation to designate the Jurassic Armored Mud Ball as the official sedimentary structure of the Commonwealth. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 2 of the General Laws, as most recently amended by chapter 116 of the acts of 2020, is hereby further amended by adding the following section:-
The Jurassic Armored Mud Ball shall be the official sedimentary structure of the Commonwealth.
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An Act relative to the home improvement guaranty fund
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H313
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HD1392
| 193
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{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-13T14:40:12.57'}
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[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-13T14:40:12.57'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-08-30T13:23:45.4533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H313/DocumentHistoryActions
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Bill
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By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 313) of Kenneth I. Gordon relative to the home improvement guaranty fund. Consumer Protection and Professional Licensure.
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SECTION 1. Section 7 of said chapter 142A of the General Laws as appearing in the 2020 Official Edition is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph: -
The fund administrator may not award: (1) more than twenty thousand dollars or any amount necessary to compensate the owner for his actual loss, whichever is less to any one claimant, or; (2) more than one hundred thousand dollars to claimants on account of the conduct of any one registered contractor or subcontractor who has committed a prohibited act or violation under section 17 of chapter 142A of the General Laws in the most previous twelve-month period, unless after the fund administrator has paid out said one-hundred thousand dollars the registrant has repaid the fund the full amount; provided, however, that it is within the discretion of the fund administrator to waive the limit with cause; or (3) any amount for consequential damages, except as may be allowed under section four, or for personal injury, punitive damages, attorney's fees, court costs or interest.
SECTION 2. Not later than December 31, 2028, Section 7 of chapter 142A of the General Laws as appearing in the 2020 Official Edition, shall be amended by striking out, in line 12, the word “twenty” and inserting the word “thirty”.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act the Commonwealth housing, economic, education and equity in recovery and reconstruction
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H3130
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HD616
| 193
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{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:36:19.657'}
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[{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:36:19.6566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-14T16:36:46.0733333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-09-11T13:06:27.4233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3130/DocumentHistoryActions
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Bill
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By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 3130) of Bud L. Williams relative to housing, economic, education and equity in recovery and reconstruction in the Commonwealth. State Administration and Regulatory Oversight.
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SECTION 1. Whereas Black and Latino residents of the Commonwealth have been impacted in ways disproportionate to their respective numbers in the population; and, the disparate impacts of the coronavirus pandemic of 2020 has revealed in stark ways existing social and economic disparities, which Black and Latino residents have endured for far too long; it is the intention of the general court, during the recovery from the pandemic and after, to take meaningful actions to redress said disparities and the social and economic determinants that are at the root of them. To achieve the purposes as stated in this section and sections 2 through 8, inclusive, this Act shall be known as the Commonwealth Housing, Economic, Education and Equity in Recovery and Reconstruction Act or the CHEEERR ACT.
SECTION 2. As used in sections 2 through 13, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
“Agencies”, non-profit organizations located and operating within disparately impacted communities with whom the commission may enter into contracts pursuant to section 9 for the operation of corps projects.
“Commission”, the commonwealth corps commission established pursuant to section
“Bureau”, the Massachusetts Bureau on Social and Economic Equity in Recovery and Reconstruction established pursuant to section 3.
“Corps”, the commonwealth housing, economic, education and equity in recovery and reconstruction service corps or CHEEERRS corps established pursuant to section 11.
“Corps members”, individuals who commit to no more than 24 months of full or part-time service in the commonwealth service corps pursuant to section 12.
“Corps projects”, programs established pursuant to this act to satisfy unmet community needs.
“Disparately impacted community”, shall mean (a) a defined geographic area in which Black and Latino residents whose rate of infection for the coronavirus exceeds their proportionate share of the population of said geographic area as of May 1, 2020; or, (b) a medically underserved community or (c) low and moderate income community; or, (c) an educationally disadvantaged community;
“Educationally disadvantaged community”, shall mean a local school district in which the percentage of children attending school in the district eligible for free or reduced cost lunches under eligibility guidelines promulgated by the federal government under 42 USC 1758 exceeds the forty percent;
"Low and moderate income community", a geographic area, within a city or town, consisting of either (a) three or more contiguous census tracts or (b) a zip code or (c) a neighborhood, in which either: (1) a majority of the households are low and moderate income households as defined herein; or (2) the unemployment rate is at least 20 per cent higher than the annual statewide average unemployment rate where such statewide unemployment rate is less than or equal to 5 per cent; provided that, if the annual statewide average unemployment rate is greater than 5 per cent, the community's unemployment rate need only be 10 per cent higher;
"Low and moderate income households", households which have incomes that do not exceed 80 per cent of the median income for the area, with adjustments made for smaller and larger families, as such median shall be determined from time to time by the Secretary of Housing and Urban Development pursuant to 42 USC section 1437(a)(B)(2);
“Medically underserved community”, shall have the same meaning as used pursuant to section 799B of the Public Health Service Act (42 U.S.C. 295p); and,
“Small business”, shall mean a business (i) owned or controlled by a Black or Latino individual or individuals (ii) whose annual net revenue is less than $5,000,000 and (iii) located in a low or moderate income community.
“Unmet community needs”, needs including, but not limited to, those pertaining to education, public health, public safety, the environment and other human needs in underserved populations in disparately impacted communities in the commonwealth.
SECTION 3. (a) There shall be a Massachusetts bureau on social and economic equity in recovery and reconstruction, in this section and in sections 4 through 15, inclusive, called the bureau. Said bureau shall consist of an administrator and an advisory council, as described in section 15. The administrator shall be appointed by the governor pursuant to paragraph (b), shall serve a term of five years, and shall be removed only for cause. Notwithstanding the foregoing, the administrator shall be eligible for reappointment to an additional five-year term.
(b) The administrator shall be appointed by the governor and shall serve a term of five years; provided that in making said appointment, the governor shall choose the administrator from a list of three candidates presented to the governor from a committee, consisting of seven individuals comprised as follows: one member appointed to be appointed by the governor, two members to be appointed by the speaker of the house of representatives, one member to be appointed by the minority leader of the house of representatives, two members to be appointed by the senate president, and one member to be appointed by the senate minority leader; provided further , that said all said appointments shall be made within thirty days of passage of this Act.
(c) The position of administrator shall be classified in accordance with section forty-five of chapter thirty, and the salary shall be determined in accordance with section forty-six C of said chapter thirty. The administrator shall devote his or her full time during business hours to the duties of the office.
(d) The administrator shall, with the advice of the advisory council, have sole charge of the supervision and administration of the office. The administrator may, subject to fiscal resources available to support the operations of the bureau, employ and remove such assistant administrators and other employees and consultants as administrator may deem necessary to enable the performance of the functions of the bureau; provided that not more than ten percent of said resources shall be expended on staff in any fiscal year. The provisions of chapter thirty-one and section nine A of chapter thirty shall not apply to the administrator or to such assistant administrators and consultants as may be appointed. In making such appointments, the administrator shall hire individuals who reflect the racial, ethnic and gender make-up of disparately impacted communities.
SECTION 4. Subject to the advice of the advisory council, the administrator may apply for and accept on behalf of the commonwealth any federal, local or private grants of money or property, whether real or personal, from any source, whether public or private, bequests, gifts or contributions to aid in the financing of any of the programs or policies of the bureau. Such funds shall be received by the state treasurer on behalf of the commonwealth and deposited in a separate account and shall be expended under the direction of the administrator.
SECTION 5. The bureau, in fulfillment of its purposes, shall have the following duties and functions:
(a) to administer and manage the Commonwealth Health, Economic, Education, and Equity Recovery and Reconstruction Fund, established pursuant to section 2DDDDD of chapter 29, and to effectuate the purposes of the bureau as outlined in this section and in sections 4 through 14, inclusive.
(b) to identify, analyze, evaluate and monitor public policies, programs, services and regulations promulgated by state agencies (i) in response to recovery efforts pursued in response to the Covid-19 pandemic and (ii) in the course of state agency activity; provided that a particular focus shall be on the affect said policies, programs, services or regulations may have or are likely to have on persons residing in disparately impacted communities. In addition, the bureau shall have the following specific functions:
(i) to identify and recommend to the secretary of housing and community development and to the director of the department of business and technology sources of state, federal and private funds which are available to mitigate, or can be used to mitigate, the disparate access to capital and technical assistance available to small businesses owned or operated by individuals who reside in disparately impacted communities; (ii) to identify and recommend to the undersecretary for housing and community development and public instrumentalities with the department of housing and community development sources of state, federal and private funds which are available to mitigate, or can be used to mitigate, the disparate access to affordable and adequate housing on the part of individuals and households who reside in disparately impacted communities; (iii) to identify and recommend to the commissioner of public health sources of state, federal and private funds which are appropriated or otherwise are available to mitigate, or can be directed to mitigate, existing and emerging disparate incidences of illness and disease experienced by individuals and households who reside in disparately impacted communities; provided that in mitigating such incidences, the commissioner of public health shall expend said monies in a manner proportionate to the prevalence of said diseases and illnesses among racial and ethnic minorities; provided further, that the administrator may consult with the office of health equity as necessary and appropriate to effect the purposes of this subsection; (iv) to identify and recommend to the commissioner of elementary and secondary education sources of state, federal and private funds which are appropriated or otherwise available to mitigate, or can be utilized to mitigate, disparate access to and outcomes in educational instruction and programs experienced by students attending schools in disparately impacted communities;
(c) to set aside an amount not less than fifty million dollars to implement innovative and strategic re-entry programs targeted to returning citizens, as such term is defined in section ___; provided, that in implementing said innovative and strategic re-entry programs, the bureau is hereby authorized to enter into grants, not to exceed five hundred thousand per annum, with nonprofit organizations with a demonstrated track record of assisting returning citizens in integrating back into the community; provided further, that the bureau is hereby authorized to undertake, solely or in conjunction with state agencies, public instrumentalities, municipalities in which disparately impacted communities are located or nonprofits located in disparately impacted communities the following activities:
(i) the development and implementation of family resource and reunification centers in numerous quadrants of a disparately impacted community;
(ii) the development and implementation of community-led or neighborhood based, long-term substance use treatment services dispersed in numerous locations throughout a disparately impacted community;
(iii) the development and implementation of community-led counseling services dispersed in locations throughout a disparately impacted community;
(iv) the development and implementation of transitional to permanent housing for returning citizens; and,
(v) the development and implementation of community-led post incarceration support to replace parole and probation In fulfillment of paragraphs (a) and (b), the bureau is hereby authorized to contract with or provide grant funding to individuals, organizations, corporations, associations or nonprofit organizations located in disparately impacted communities to carry out the purpose and functions of the bureau. In fulfillment of paragraphs (a), (b) and (c), the administrator shall establish and promulgate public guidelines to govern contracts and grants.
SECTION 6. In order to fulfill the functions of the bureau such information as the administrator may require from any department, division, board, bureau, commission or agency shall be made available without delay, upon written request, to any said department, division, board, bureau, commission, or agency of the commonwealth.
SECTION 7. (a) The Commonwealth Health, Economic, Education, and Equity in Recovery and Reconstruction Fund, established pursuant to section DDDDD of chapter 29, shall be within the bureau. The administrator shall oversee the management and activities of the fund either directly or through the appointment of a fund director, to be appointed by the administrator. The bureau, with the advice of the secretary of administration and finance, shall adopt guidelines to implement the fund.
(b) The amounts credited to the fund shall be used to support (i) the activities of the bureau as outlined in sections 3 through 14, inclusive and (ii) new and innovative strategies and efforts to redress disparities in health, economic and educational outcomes by individuals and households residing in disparately impacted communities and may be expended, without further appropriation. To maximize the mitigation of disparate impacts across the policy and program areas, including but not limited to health, economics and education, the administrator may expends such amounts are necessary; provided that the administrator shall not expend, annually, any more than twenty percent of the amount transferred from the Commonwealth Stabilization Fund pursuant to section DDDDD of chapter 29.
(c) Annually, not later than October 1, the administrator shall report to the clerks of the house of representatives and senate and the house and senate committees on ways and means on the fund's activity. The report shall include, but not be limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of expenditures from the fund; (iii) any grants provided to stakeholder organizations; and (iv) anticipated revenue and expenditure projections for the next year.
SECTION 8. There shall be a designated small business stabilization and support fund within the bureau. The fund shall be administered and managed by a fund director, who shall be appointed by the administrator. The administrator shall adopt guidelines that are necessary to implement the purposes of the fund. The administrator may consult with state agencies, public instrumentalities, community development financial institutions, and other such organizations as the administrator shall deem appropriate in the development of said guidelines. The fund shall be initially capitalized by a transfer of three hundred million dollars from the CCHEERS fund. Money in or received for the fund may be deposited with and invested by an institution designated by the bureau and paid as the fund director shall direct. A return on an investment received by the fund shall be deposited and held for the use and benefit of the fund. The bureau may make payments from a deposit account for use under this section. The bureau shall use the fund to make grants, forgivable loans, low-interest loans or a combination thereof to support the ongoing operations of small businesses located in disparately impacted communities. In determining whether to make a grant, forgivable loan, low-interest loan or a combination thereof, the bureau shall consider whether the action: (i) supports the economic stabilization or expansion of small business; or (ii) promotes the retention or creation of jobs by the small business; (iii) promotes employment opportunities for residents of disparately impacted communities; or, (iv) supports the creation or expansion of a businesses whose success would promote further economic development activity within the disparately impacted community and enhances the quality of life of residents of a disparately impacted community. The bureau shall ensure that not more than fifty million dollars are expended each year to support the making of grants, forgivable loans, low-interest loans or a combination thereof. The maximum amount of any grant, forgivable loan, low-interest loan or combination thereof shall not exceed one million dollars. The bureau shall include an annual summary of activities as part of the report due annually pursuant to paragraph (c) of section 7. The summary shall include each grant, loan, forgivable loan, low-interest loan or combination thereof made during the preceding calendar year and an assessment of the impact each grant, loan, forgivable loan, low-interest loan or combination thereof.
SECTION 9. (a) There is established a special fund called the incarceration to incorporation entrepreneurship fund, which shall be a segregated fund within the designated small business stabilization and support fund, and which shall be administered by a deputy fund director to be appointed by the administrator.
(b) The incarceration to incorporation entrepreneurship fund shall initially be capitalized by a transfer of fifty million dollars from the designated small business stabilization and support fund; provided, that the following sources of funds may be deposited into the incarceration to incorporation entrepreneurship fund: (1) any funds appropriated by the legislature for the purposes of this section and section 10; (2) donations from the public; (3) donations from private entities; and (4) any funds provided through a sponsorship agreement.
(c) Monies in the incarceration to incorporation entrepreneurship fund shall be used to implement, operate, and administer the incarceration to incorporation entrepreneurship program established pursuant to section 10.
SECTION 10. (a) There is established within the bureau an incarceration to incorporation entrepreneurship program, herein after “the program,” a business development program for returning citizens, which shall be operated by the bureau and whose functions are to:
(1) provide technical assistance and business development training to returning citizens who are seeking to operate or are already operating a business enterprise to be located within a disparately impacted community; provided that said technical assistance and business development training shall include, but not be limited to, the following:
(A) Accounting;
(B) Finance;
(C) Business management;
(D) Business planning;
(E) Budgeting;
(F) Marketing;
(G) Business law;
(H) Accessing startup capital, and other business startup topics as identified by the U.S. small business administration and certified community development financial institutions;
(I) Estimating if the business enterprise is engaged in the construction industry; and,
(J) Technology training;
(2) provide micro-investments, in the form of grants, in an amount not to exceed fifty thousand dollars, to assist returning citizens in the development and operation of a business enterprise to be located within a disparately impacted community;
(3) provide ongoing mentorship and support; and
(4) Provide monthly networking meetings with business leaders, such as:
(A) business owners;
(B) representatives of financial institutions;
(B) angel investors; and
(C) heads of venture capital and investment firms; and
(b) For the purposes of implementing this section, the bureau shall confer with other agencies, organizations, and individuals, including but not limited to, (1) the office of small business and entrepreneurship, (2) the small business development center, (3) the Black economic council of Massachusetts, (4) the Hispanic chamber of commerce, (5) the Latino chamber of commerce, (6) the greater new england minority supplier development council, (7) the center for women and enterprise, and any other relevant agency or organization that the bureau consider necessary to meet the objectives of this section.
(c) For the purposes of this section, the term "returning citizen" means an individual who is within six months of release, or has been released, from a local jail, county house of corrections or a department of corrections facility and who resides in a disparately impacted community.
(d) The bureau shall include an annual summary of activities as part of the report due annually pursuant to paragraph (c) of section 7. The summary shall include: (1) the number of businesses formed and launched by program participants; (a) The number of businesses formed by program participants that have sustained operations through the production of the annual summary, (3) the number of business enterprises owned and operated by returning citizens and whom the program has provided technical assistance and business development training, and (4) any other information the bureau deems pertinent to evaluating the program; provided that program participants may expressly authorize that their anonymity be preserved in the annual summary.
SECTION 11. (a) There shall be a commonwealth housing, economic, education and equity in recovery and reconstruction service corps to be composed of a limited number of carefully selected men and women, not younger than 17 years of age and not older than 26 years of age, recruited from disparately impacted communities, to be made available for a limited time for projects directed toward satisfying unmet community needs.
(b) The corps shall be governed by a commission, which shall be within the bureau, consisting of the administrator of the bureau and 14 members to be appointed by the governor; 1 of whom shall be a member of the Massachusetts Municipal Association; 1 of whom shall be a member of the Massachusetts AFL-CIO; 2 of whom shall be members chosen from two local chapters of the National Association for the Advancement of Colored Persons, 2 of whom shall be members chosen from local affiliates of the National Urban League, 1 of whom shall be a member chosen from a Community Health Centers, 1 of whom shall be a member chosen by the Massachusetts Senior Action Council, 2 of whom shall be members chosen by the Massachusetts Association for Community Action, 2 of whom shall be members chosen from two community development corporations, and 2 of whom shall be individuals with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth; Each member shall serve for a term of 3 years and shall serve without compensation. A person appointed to fill a vacancy in the office of a member of the board shall be appointed in a like manner and shall
serve for only the unexpired term of such member. A member shall be eligible for reappointment. A chairman of the commission shall be elected annually from the membership. The bureau shall provide administrative support to the commission as requested.
(c) The duties of the commission shall include, but not be limited to: (i) contracting with agencies to administer service projects to address unmet community needs by recruiting corps members; (ii) reviewing and approving the commonwealth corps plan and annual updates prepared by each agency; and reviewing each agency’s performance in carrying out its responsibilities pursuant to this act. Each agency the commission contracts with shall be a nonprofit organization incorporated pursuant to the provisions of chapter 180 of the General Laws for the operation of corps projects.
SECTION 12. (a) Corps members shall be residents of disparately impacted communities who are not younger than 17 years of age and not older than 26 years of age. Corps members shall be the responsibility of each contracted agency. Corps members shall undertake meaningful service projects addressing unmet community needs in areas including, but not limited to, the environment, education, health and basic human services and may serve full or part-time; but, members having direct contact with minor children or vulnerable adults shall be required to pass a background check.
(b) Each contracted agency shall, to the extent practicable, ensure that corps members are placed in corps projects that match their interests, skills and abilities. The contracted agency may prescribe additional standards and procedures in consultation with the commission. Each contracted agency may enroll individuals who choose to defer a stipend to serve as a corps member. Each contracted agency shall seek to enroll individuals who are economically, ethnically, socially, physically or educationally diverse.
(c) A corps member shall not be subject to chapter 31 or section 9A of chapter 30 of the General Laws. Corps members shall not be considered to be an employee of the commonwealth entitled to the benefit of chapter 152 of the General Laws, nor shall a corps member be considered to be an employee of the commonwealth for any other purpose.
SECTION 13. (a) Each contracted agency shall, without limitation and subject to a duly executed contract with the commission, administer the corps and in so doing shall: (1) provide the personnel necessary to satisfy its obligations pursuant to the contract with the commission;
(2) function as or recruit corps sponsors; (3) compensate each corps member via a stipend that has the value equivalent to fifteen dollar per hour worked, whether a corps member performs on a full-time or part-time basis, (4) initiate studies and analyses of proposed and implemented service and volunteer projects, which will aid in addressing local problems; (5) recommend expansion of corps opportunities to address all unmet community needs; (6) identify the criteria it will use to recruit individuals to serve as corps members (7) establish procedures for matching and placing corps members with corps projects; and (8) establish personnel policies and procedures for corps members.
(b) In entering into a contract with an agency, the commission shall give projects meeting the following criteria preference: (1) projects addressing a well-established unmet community need or unmet community needs; (2) projects articulating measurable goals, including an assessment of the impact on the corps members and on the targeted community; (3) projects not using corps members to replace previously budgeted positions or to reduce overtime, hours of work or opportunities for advancement for employees or members of corps sponsors; and (4) direct service projects that give corps members opportunities to provide direct services addressing unmet community needs including, but not limited to, tutoring or mentoring, providing health care education, providing services to individuals, families, seniors, homeless populations, enhancing historic, cultural, and natural resources of the commonwealth, engaging in environmental restoration projects, or enhancing emergency preparedness and response.
SECTION 14. There shall be a Commonwealth Housing, Economic, Education and Equity in Recovery and Reconstruction Service Corps Fund within the bureau. The fund shall be administered and managed by a fund director, who shall be appointed by the administrator. The fund shall be established and utilized to support the work of the commission and to support the costs of contracts entered into by the commission with agencies for the purposes of section 11 through 13, inclusive. The fund shall be initially capitalized by a transfer of one hundred million dollars from the CCHEERS fund. Money in or received for the fund may be deposited with and invested by an institution designated by the bureau and paid as the fund director shall direct. A return on an investment received by the fund shall be deposited and held for the use and benefit of the fund.
SECTION 15. The advisory council of the bureau shall consist of fifteen persons qualified by training, experience, or demonstrated interest in the health, economic and educational inequities or disparities, to be appointed by the governor as follows:— five for a term of three years, five for a term of two years, and five for a term of one year. Upon expiration of the term of any appointive member, said member’s successor shall be appointed in like manner for a term of three years. The governor shall in like manner fill any vacancy for the remainder of the unexpired term. Said members of the advisory council shall elect a person to serve as chair and the advisory council shall meet at least quarterly. Members shall serve without compensation, but may be reimbursed for expenses necessarily incurred in the performance of their duties. If any member is absent from two regularly scheduled quarterly meetings in any one calendar year, said member shall be determined to have vacated the member’s appointment to the council. The chair of the council shall forthwith notify the governor that such vacancy exists. Said advisory council shall advise the administrator on any matter within the jurisdiction of said bureau and shall advise the administrator in establishing priorities for bureau activities; and annually review the programs, budgets and policies of the bureau.
SECTION 16. Chapter 29 of the General Laws is hereby amended by inserting after Section 2CCCCC the following new section:
Section 2DDDDD. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Covid-19 Health Economic Education Equity in Recovery Fund. The fund shall be credited with: (i) a transfer, to be made by the Comptroller, of eight hundred and fifty million dollars from the Commonwealth Stabilization Fund, (ii) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (iii) interest earned on such revenues; and (iv) funds from public and private sources such as gifts, grants and donations to further civics and history education and professional development. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
SECTION 17. Notwithstanding and general or special law to the contrary, this act shall take effect immediately.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to address stark racial, social, and economic disparities, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
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An Act the Commonwealth housing, economic, education and equity in recovery and reconstruction
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H3131
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HD617
| 193
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{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:36:33.263'}
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[{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:36:33.2633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3131/DocumentHistoryActions
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Bill
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By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 3131) of Bud L. Williams relative to housing, economic, education and equity in recovery and reconstruction in the Commonwealth. State Administration and Regulatory Oversight.
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SECTION 1. Whereas Black and Latino residents of the Commonwealth have been impacted in ways disproportionate to their respective numbers in the population; and, the disparate impacts of the coronavirus pandemic of 2020 has revealed in stark ways existing social and economic disparities, which Black and Latino residents have endured for far too long; it is the intention of the general court, during the recovery from the pandemic and after, to take meaningful actions to redress said disparities and the social and economic determinants that are at the root of them. To achieve the purposes as stated in this section and sections 2 through 8, inclusive, this Act shall be known as the Commonwealth Housing, Economic, Education and Equity in Recovery and Reconstruction Act or the CHEEERR ACT.
SECTION 2. As used in sections 2 through 13, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
“Agencies”, non-profit organizations located and operating within disparately impacted communities with whom the commission may enter into contracts pursuant to section 9 for the operation of corps projects.
“Commission”, the commonwealth corps commission established pursuant to section
“Bureau”, the Massachusetts Bureau on Social and Economic Equity in Recovery and Reconstruction established pursuant to section 3.
“Corps”, the commonwealth housing, economic, education and equity in recovery and reconstruction service corps or CHEEERRS corps established pursuant to section 11.
“Corps members”, individuals who commit to no more than 24 months of full or part-time service in the commonwealth service corps pursuant to section 12.
“Corps projects”, programs established pursuant to this act to satisfy unmet community needs.
“Disparately impacted community”, shall mean (a) a defined geographic area in which Black and Latino residents whose rate of infection for the coronavirus exceeds their proportionate share of the population of said geographic area as of May 1, 2020; or, (b) a medically underserved community or (c) low and moderate income community; or, (c) an educationally disadvantaged community;
“Educationally disadvantaged community”, shall mean a local school district in which the percentage of children attending school in the district eligible for free or reduced cost lunches under eligibility guidelines promulgated by the federal government under 42 USC 1758 exceeds the forty percent;
"Low and moderate income community", a geographic area, within a city or town, consisting of either (a) three or more contiguous census tracts or (b) a zip code or (c) a neighborhood, in which either: (1) a majority of the households are low and moderate income households as defined herein; or (2) the unemployment rate is at least 20 per cent higher than the annual statewide average unemployment rate where such statewide unemployment rate is less than or equal to 5 per cent; provided that, if the annual statewide average unemployment rate is greater than 5 per cent, the community's unemployment rate need only be 10 per cent higher;
"Low and moderate income households", households which have incomes that do not exceed 80 per cent of the median income for the area, with adjustments made for smaller and larger families, as such median shall be determined from time to time by the Secretary of Housing and Urban Development pursuant to 42 USC section 1437(a)(B)(2);
“Medically underserved community”, shall have the same meaning as used pursuant to section 799B of the Public Health Service Act (42 U.S.C. 295p); and,
“Small business”, shall mean a business (i) owned or controlled by a Black or Latino individual or individuals (ii) whose annual net revenue is less than $5,000,000 and (iii) located in a low or moderate income community.
“Unmet community needs”, needs including, but not limited to, those pertaining to education, public health, public safety, the environment and other human needs in underserved populations in disparately impacted communities in the commonwealth.
SECTION 3. (a) There shall be a Massachusetts bureau on social and economic equity in recovery and reconstruction, in this section and in sections 4 through 15, inclusive, called the bureau. Said bureau shall consist of an administrator and an advisory council, as described in section 15. The administrator shall be appointed by the governor pursuant to paragraph (b), shall serve a term of five years, and shall be removed only for cause. Notwithstanding the foregoing, the administrator shall be eligible for reappointment to an additional five-year term.
(b) The administrator shall be appointed by the governor and shall serve a term of five years; provided that in making said appointment, the governor shall choose the administrator from a list of three candidates presented to the governor from a committee, consisting of seven individuals comprised as follows: one member appointed to be appointed by the governor, two members to be appointed by the speaker of the house of representatives, one member to be appointed by the minority leader of the house of representatives, two members to be appointed by the senate president, and one member to be appointed by the senate minority leader; provided further , that said all said appointments shall be made within thirty days of passage of this Act.
(c) The position of administrator shall be classified in accordance with section forty-five of chapter thirty, and the salary shall be determined in accordance with section forty-six C of said chapter thirty. The administrator shall devote his or her full time during business hours to the duties of the office.
(d) The administrator shall, with the advice of the advisory council, have sole charge of the supervision and administration of the office. The administrator may, subject to fiscal resources available to support the operations of the bureau, employ and remove such assistant administrators and other employees and consultants as administrator may deem necessary to enable the performance of the functions of the bureau; provided that not more than ten percent of said resources shall be expended on staff in any fiscal year. The provisions of chapter thirty-one and section nine A of chapter thirty shall not apply to the administrator or to such assistant administrators and consultants as may be appointed. In making such appointments, the administrator shall hire individuals who reflect the racial, ethnic and gender make-up of disparately impacted communities.
SECTION 4. Subject to the advice of the advisory council, the administrator may apply for and accept on behalf of the commonwealth any federal, local or private grants of money or property, whether real or personal, from any source, whether public or private, bequests, gifts or contributions to aid in the financing of any of the programs or policies of the bureau. Such funds shall be received by the state treasurer on behalf of the commonwealth and deposited in a separate account and shall be expended under the direction of the administrator.
SECTION 5. The bureau, in fulfillment of its purposes, shall have the following duties and functions:
(a) to administer and manage the Commonwealth Health, Economic, Education, and Equity Recovery and Reconstruction Fund, established pursuant to section 2DDDDD of chapter 29, and to effectuate the purposes of the bureau as outlined in this section and in sections 4 through 14, inclusive.
(b) to identify, analyze, evaluate and monitor public policies, programs, services and regulations promulgated by state agencies (i) in response to recovery efforts pursued in response to the Covid-19 pandemic and (ii) in the course of state agency activity; provided that a particular focus shall be on the affect said policies, programs, services or regulations may have or are likely to have on persons residing in disparately impacted communities. In addition, the bureau shall have the following specific functions:
(i) to identify and recommend to the secretary of housing and community development and to the director of the department of business and technology sources of state, federal and private funds which are available to mitigate, or can be used to mitigate, the disparate access to capital and technical assistance available to small businesses owned or operated by individuals who reside in disparately impacted communities; (ii) to identify and recommend to the undersecretary for housing and community development and public instrumentalities with the department of housing and community development sources of state, federal and private funds which are available to mitigate, or can be used to mitigate, the disparate access to affordable and adequate housing on the part of individuals and households who reside in disparately impacted communities; (iii) to identify and recommend to the commissioner of public health sources of state, federal and private funds which are appropriated or otherwise are available to mitigate, or can be directed to mitigate, existing and emerging disparate incidences of illness and disease experienced by individuals and households who reside in disparately impacted communities; provided that in mitigating such incidences, the commissioner of public health shall expend said monies in a manner proportionate to the prevalence of said diseases and illnesses among racial and ethnic minorities; provided further, that the administrator may consult with the office of health equity as necessary and appropriate to effect the purposes of this subsection; (iv) to identify and recommend to the commissioner of elementary and secondary education sources of state, federal and private funds which are appropriated or otherwise available to mitigate, or can be utilized to mitigate, disparate access to and outcomes in educational instruction and programs experienced by students attending schools in disparately impacted communities;
(c) to set aside an amount not less than fifty million dollars to implement innovative and strategic re-entry programs targeted to returning citizens, as such term is defined in section ___; provided, that in implementing said innovative and strategic re-entry programs, the bureau is hereby authorized to enter into grants, not to exceed five hundred thousand per annum, with nonprofit organizations with a demonstrated track record of assisting returning citizens in integrating back into the community; provided further, that the bureau is hereby authorized to undertake, solely or in conjunction with state agencies, public instrumentalities, municipalities in which disparately impacted communities are located or nonprofits located in disparately impacted communities the following activities:
(i) the development and implementation of family resource and reunification centers in numerous quadrants of a disparately impacted community;
(ii) the development and implementation of community-led or neighborhood based, long-term substance use treatment services dispersed in numerous locations throughout a disparately impacted community;
(iii) the development and implementation of community-led counseling services dispersed in locations throughout a disparately impacted community;
(iv) the development and implementation of transitional to permanent housing for returning citizens; and,
(v) the development and implementation of community-led post incarceration support to replace parole and probation In fulfillment of paragraphs (a) and (b), the bureau is hereby authorized to contract with or provide grant funding to individuals, organizations, corporations, associations or nonprofit organizations located in disparately impacted communities to carry out the purpose and functions of the bureau. In fulfillment of paragraphs (a), (b) and (c), the administrator shall establish and promulgate public guidelines to govern contracts and grants.
SECTION 6. In order to fulfill the functions of the bureau such information as the administrator may require from any department, division, board, bureau, commission or agency shall be made available without delay, upon written request, to any said department, division, board, bureau, commission, or agency of the commonwealth.
SECTION 7. (a) The Commonwealth Health, Economic, Education, and Equity in Recovery and Reconstruction Fund, established pursuant to section DDDDD of chapter 29, shall be within the bureau. The administrator shall oversee the management and activities of the fund either directly or through the appointment of a fund director, to be appointed by the administrator. The bureau, with the advice of the secretary of administration and finance, shall adopt guidelines to implement the fund.
(b) The amounts credited to the fund shall be used to support (i) the activities of the bureau as outlined in sections 3 through 14, inclusive and (ii) new and innovative strategies and efforts to redress disparities in health, economic and educational outcomes by individuals and households residing in disparately impacted communities and may be expended, without further appropriation. To maximize the mitigation of disparate impacts across the policy and program areas, including but not limited to health, economics and education, the administrator may expends such amounts are necessary; provided that the administrator shall not expend, annually, any more than twenty percent of the amount transferred from the Commonwealth Stabilization Fund pursuant to section DDDDD of chapter 29.
(c) Annually, not later than October 1, the administrator shall report to the clerks of the house of representatives and senate and the house and senate committees on ways and means on the fund's activity. The report shall include, but not be limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of expenditures from the fund; (iii) any grants provided to stakeholder organizations; and (iv) anticipated revenue and expenditure projections for the next year.
SECTION 8. There shall be a designated small business stabilization and support fund within the bureau. The fund shall be administered and managed by a fund director, who shall be appointed by the administrator. The administrator shall adopt guidelines that are necessary to implement the purposes of the fund. The administrator may consult with state agencies, public instrumentalities, community development financial institutions, and other such organizations as the administrator shall deem appropriate in the development of said guidelines. The fund shall be initially capitalized by a transfer of three hundred million dollars from the CCHEERS fund. Money in or received for the fund may be deposited with and invested by an institution designated by the bureau and paid as the fund director shall direct. A return on an investment received by the fund shall be deposited and held for the use and benefit of the fund. The bureau may make payments from a deposit account for use under this section. The bureau shall use the fund to make grants, forgivable loans, low-interest loans or a combination thereof to support the ongoing operations of small businesses located in disparately impacted communities. In determining whether to make a grant, forgivable loan, low-interest loan or a combination thereof, the bureau shall consider whether the action: (i) supports the economic stabilization or expansion of small business; or (ii) promotes the retention or creation of jobs by the small business; (iii) promotes employment opportunities for residents of disparately impacted communities; or, (iv) supports the creation or expansion of a businesses whose success would promote further economic development activity within the disparately impacted community and enhances the quality of life of residents of a disparately impacted community. The bureau shall ensure that not more than fifty million dollars are expended each year to support the making of grants, forgivable loans, low-interest loans or a combination thereof. The maximum amount of any grant, forgivable loan, low-interest loan or combination thereof shall not exceed one million dollars. The bureau shall include an annual summary of activities as part of the report due annually pursuant to paragraph (c) of section 7. The summary shall include each grant, loan, forgivable loan, low-interest loan or combination thereof made during the preceding calendar year and an assessment of the impact each grant, loan, forgivable loan, low-interest loan or combination thereof.
SECTION 9. (a) There is established a special fund called the incarceration to incorporation entrepreneurship fund, which shall be a segregated fund within the designated small business stabilization and support fund, and which shall be administered by a deputy fund director to be appointed by the administrator.
(b) The incarceration to incorporation entrepreneurship fund shall initially be capitalized by a transfer of fifty million dollars from the designated small business stabilization and support fund; provided, that the following sources of funds may be deposited into the incarceration to incorporation entrepreneurship fund: (1) any funds appropriated by the legislature for the purposes of this section and section 10; (2) donations from the public; (3) donations from private entities; and (4) any funds provided through a sponsorship agreement.
(c) Monies in the incarceration to incorporation entrepreneurship fund shall be used to implement, operate, and administer the incarceration to incorporation entrepreneurship program
established pursuant to section 10.
SECTION 10. (a) There is established within the bureau an incarceration to incorporation entrepreneurship program, herein after “the program,” a business development program for returning citizens, which shall be operated by the bureau and whose functions are to:
(1) provide technical assistance and business development training to returning citizens who are seeking to operate or are already operating a business enterprise to be located within a disparately impacted community; provided that said technical assistance and business development training shall include, but not be limited to, the following:
(A) Accounting;
(B) Finance;
(C) Business management;
(D) Business planning;
(E) Budgeting;
(F) Marketing;
(G) Business law;
(H) Accessing startup capital, and other business startup topics as identified by the U.S. small business administration and certified community development financial institutions;
(I) Estimating if the business enterprise is engaged in the construction industry; and,
(J) Technology training;
(2) provide micro-investments, in the form of grants, in an amount not to exceed fifty thousand dollars, to assist returning citizens in the development and operation of a business enterprise to be located within a disparately impacted community;
(3) provide ongoing mentorship and support; and
(4) Provide monthly networking meetings with business leaders, such as:
(A) business owners;
(B) representatives of financial institutions;
(B) angel investors; and
(C) heads of venture capital and investment firms; and
(b) For the purposes of implementing this section, the bureau shall confer with other agencies, organizations, and individuals, including but not limited to, (1) the office of small business and entrepreneurship, (2) the small business development center, (3) the Black economic council of Massachusetts, (4) the Hispanic chamber of commerce, (5) the Latino chamber of commerce, (6) the greater new england minority supplier development council, (7) the center for women and enterprise, and any other relevant agency or organization that the bureau consider necessary to meet the objectives of this section.
(c) For the purposes of this section, the term "returning citizen" means an individual who is within six months of release, or has been released, from a local jail, county house of corrections or a department of corrections facility and who resides in a disparately impacted community.
(d) The bureau shall include an annual summary of activities as part of the report due annually pursuant to paragraph (c) of section 7. The summary shall include: (1) the number of businesses formed and launched by program participants; (a) The number of businesses formed by program participants that have sustained operations through the production of the annual summary, (3) the number of business enterprises owned and operated by returning citizens and whom the program has provided technical assistance and business development training, and (4) any other information the bureau deems pertinent to evaluating the program; provided that program participants may expressly authorize that their anonymity be preserved in the annual summary.
SECTION 11. (a) There shall be a commonwealth housing, economic, education and equity in recovery and reconstruction service corps to be composed of a limited number of carefully selected men and women, not younger than 17 years of age and not older than 26 years of age, recruited from disparately impacted communities, to be made available for a limited time for projects directed toward satisfying unmet community needs.
(b) The corps shall be governed by a commission, which shall be within the bureau, consisting of the administrator of the bureau and 14 members to be appointed by the governor; 1 of whom shall be a member of the Massachusetts Municipal Association; 1 of whom shall be a member of the Massachusetts AFL-CIO; 2 of whom shall be members chosen from two local chapters of the National Association for the Advancement of Colored Persons, 2 of whom shall be members chosen from local affiliates of the National Urban League, 1 of whom shall be a member chosen from a Community Health Centers, 1 of whom shall be a member chosen by the Massachusetts Senior Action Council, 2 of whom shall be members chosen by the Massachusetts Association for Community Action, 2 of whom shall be members chosen from two community development corporations, and 2 of whom shall be individuals with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth; Each member shall serve for a term of 3 years and shall serve without compensation. A person appointed to fill a vacancy in the office of a member of the board shall be appointed in a like manner and shall
serve for only the unexpired term of such member. A member shall be eligible for reappointment. A chairman of the commission shall be elected annually from the membership. The bureau shall provide administrative support to the commission as requested.
(c) The duties of the commission shall include, but not be limited to: (i) contracting with agencies to administer service projects to address unmet community needs by recruiting corps members; (ii) reviewing and approving the commonwealth corps plan and annual updates prepared by each agency; and reviewing each agency’s performance in carrying out its responsibilities pursuant to this act. Each agency the commission contracts with shall be a nonprofit organization incorporated pursuant to the provisions of chapter 180 of the General Laws for the operation of corps projects.
SECTION 12. (a) Corps members shall be residents of disparately impacted communities who are not younger than 17 years of age and not older than 26 years of age. Corps members shall be the responsibility of each contracted agency. Corps members shall undertake meaningful service projects addressing unmet community needs in areas including, but not limited to, the environment, education, health and basic human services and may serve full or part-time; but, members having direct contact with minor children or vulnerable adults shall be required to pass a background check.
(b) Each contracted agency shall, to the extent practicable, ensure that corps members are placed in corps projects that match their interests, skills and abilities. The contracted agency may prescribe additional standards and procedures in consultation with the commission. Each contracted agency may enroll individuals who choose to defer a stipend to serve as a corps member. Each contracted agency shall seek to enroll individuals who are economically, ethnically, socially, physically or educationally diverse.
(c) A corps member shall not be subject to chapter 31 or section 9A of chapter 30 of the General Laws. Corps members shall not be considered to be an employee of the commonwealth entitled to the benefit of chapter 152 of the General Laws, nor shall a corps member be considered to be an employee of the commonwealth for any other purpose.
SECTION 13. (a) Each contracted agency shall, without limitation and subject to a duly executed contract with the commission, administer the corps and in so doing shall: (1) provide the personnel necessary to satisfy its obligations pursuant to the contract with the commission;
(2) function as or recruit corps sponsors; (3) compensate each corps member via a stipend that has the value equivalent to fifteen dollar per hour worked, whether a corps member performs on a full-time or part-time basis, (4) initiate studies and analyses of proposed and implemented service and volunteer projects, which will aid in addressing local problems; (5) recommend expansion of corps opportunities to address all unmet community needs; (6) identify the criteria it will use to recruit individuals to serve as corps members (7) establish procedures for matching and placing corps members with corps projects; and (8) establish personnel policies and procedures for corps members.
(b) In entering into a contract with an agency, the commission shall give projects meeting the following criteria preference: (1) projects addressing a well-established unmet community need or unmet community needs; (2) projects articulating measurable goals, including an assessment of the impact on the corps members and on the targeted community; (3) projects not using corps members to replace previously budgeted positions or to reduce overtime, hours of work or opportunities for advancement for employees or members of corps sponsors; and (4) direct service projects that give corps members opportunities to provide direct services addressing unmet community needs including, but not limited to, tutoring or mentoring, providing health care education, providing services to individuals, families, seniors, homeless populations, enhancing historic, cultural, and natural resources of the commonwealth, engaging in environmental restoration projects, or enhancing emergency preparedness and response.
SECTION 14. There shall be a Commonwealth Housing, Economic, Education and Equity in Recovery and Reconstruction Service Corps Fund within the bureau. The fund shall be administered and managed by a fund director, who shall be appointed by the administrator. The fund shall be established and utilized to support the work of the commission and to support the costs of contracts entered into by the commission with agencies for the purposes of section 11 through 13, inclusive. The fund shall be initially capitalized by a transfer of one hundred million dollars from the CCHEERS fund. Money in or received for the fund may be deposited with and invested by an institution designated by the bureau and paid as the fund director shall direct. A return on an investment received by the fund shall be deposited and held for the use and benefit of the fund.
SECTION 15. The advisory council of the bureau shall consist of fifteen persons qualified by training, experience, or demonstrated interest in the health, economic and educational inequities or disparities, to be appointed by the governor as follows:— five for a term of three years, five for a term of two years, and five for a term of one year. Upon expiration of the term of any appointive member, said member’s successor shall be appointed in like manner for a term of three years. The governor shall in like manner fill any vacancy for the remainder of the unexpired term. Said members of the advisory council shall elect a person to serve as chair and the advisory council shall meet at least quarterly. Members shall serve without compensation, but may be reimbursed for expenses necessarily incurred in the performance of their duties. If any member is absent from two regularly scheduled quarterly meetings in any one calendar year, said member shall be determined to have vacated the member’s appointment to the council. The chair of the council shall forthwith notify the governor that such vacancy exists. Said advisory council shall advise the administrator on any matter within the jurisdiction of said bureau and shall advise the administrator in establishing priorities for bureau activities; and annually review the programs, budgets and policies of the bureau.
SECTION 16. Chapter 29 of the General Laws is hereby amended by inserting after Section 2CCCCC the following new section:
Section 2DDDDD. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Covid-19 Health Economic Education Equity in Recovery Fund. The fund shall be credited with: (i) a transfer, to be made by the Comptroller, of eight hundred and fifty million dollars from the Commonwealth Stabilization Fund, (ii) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (iii) interest earned on such revenues; and (iv) funds from public and private sources such as gifts, grants and donations to further civics and history education and professional development. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
SECTION 17. Notwithstanding and general or special law to the contrary, this act shall take effect immediately.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to address stark racial, social, and economic disparities, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
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An Act to improve transportation oversight
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H3132
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HD4078
| 193
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{'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-20T16:57:43.37'}
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[{'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-20T16:57:43.37'}, {'Id': None, 'Name': 'Diana DiZoglio (State Auditor)', 'Type': 3, 'Details': None, 'ResponseDate': '2023-03-17T14:36:11.1433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3132/DocumentHistoryActions
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Bill
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By Representative Worrell of Boston, a petition (accompanied by bill, House, No. 3132) of Christopher J. Worrell and Diana DiZoglio (State Auditor) relative to Massachusetts Bay Transportation Authority audits conducted by the Auditor of the Commonwealth. State Administration and Regulatory Oversight.
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SECTION 1. Section 6 of chapter 11 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “five” and inserting in place thereof the following word:- “six”.
SECTION 2. Said section 6 of said chapter 11 is hereby amended by striking out the words “and the division of local mandates” and inserting in place thereof the following words:- “, the division of local mandates and the division of transportation reviews”.
SECTION 3. Chapter 161A of the General Laws, as so appearing, is hereby amended by striking out Section 23 thereof in its entirety and inserting in place thereof the following section:-
Section 23: Audit; report
Section 23. The state auditor shall make an audit of the authority, once every 2 years and as often as the state auditor determines is necessary, and make a report thereon to the directors, the governor and the general court. In making such audits, said auditor may call upon any of the departments, commissions, officers and agencies of the commonwealth for such information as may be needed in the course of making such audits. The state auditor may employ such auditors, accountants and other assistants as said auditor deems necessary for carrying out said duties, and chapter 31 and the rules made thereunder shall not apply to such employees. The commonwealth shall be reimbursed by the authority for the cost of the audit.
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An Act authorizing the Division of Capital Asset Management and Maintenance to convey a certain portion of the Gardner Heritage State Park to the city of Gardner
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H3133
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HD2700
| 193
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{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T15:41:25.45'}
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[{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T15:41:25.45'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3133/DocumentHistoryActions
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Bill
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By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 3133) of Jonathan D. Zlotnik that the commissioner of the Division of Capital Asset Management and Maintenance be authorized to convey a certain portion of the Gardner Heritage State Park to the city of Gardner. State Administration and Regulatory Oversight.
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SECTION 1. Notwithstanding any general or special law to the contrary, the city of Gardner may convey to the division of capital asset management and maintenance the parcel of land known as Stump pond, which is identified on the city of Gardner’s assessors’ maps as parcel W27-11-2 and contains 6.0 acres, more or less. The commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, shall determine the exact boundaries of the parcel after completion of a survey. The parcel shall be placed under the care, custody and control of the department of conservation and recreation and shall be used solely for conservation and recreation purposes.
SECTION 2. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary and in consideration for the conveyance authorized in section 1, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may convey to the city of Gardner the parcels of land and building thereon, being part of the Gardner Heritage State Park under the care and control of the department of conservation and recreation, which are identified on the city of Gardner’s assessors’ maps as parcels M27-25-6 and M27-25-10. The parcels may be used by the city for general municipal purposes or may be conveyed by the city to a developer for redevelopment. The commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, shall determine the exact boundaries of the parcels.
SECTION 3. Independent appraisals of the fair market value and value in use of the parcels described in sections 1 and 2 shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance. The commissioner of capital asset management and maintenance shall establish the value of the properties for both the highest and best use as currently encumbered and for the purposes described. The commissioner of capital asset management and maintenance shall submit any appraisals to the inspector general for review and comment. The inspector general shall review and approve the appraisals and the review shall include an examination of the methodology utilized for the appraisals. The inspector general shall prepare a report of the review and file the report with the commissioner of capital asset management and maintenance. The commissioner shall submit copies of the appraisals and the inspector general’s report, the approval and comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days prior to the execution of any documents effecting the transfers described in this section.
SECTION 4. The city of Gardner shall assume all costs and expenses including, but not limited to, the costs of any engineering, surveys, appraisals, recording fees and deed preparation related to the transaction pursuant to this act as such costs may be determined by the commissioner of capital asset management and maintenance.
SECTION 5. The commissioner of capital asset management and maintenance may grant a credit to the city of Gardner for estimated environmental remediation costs for the parcels identified in section 2; provided, however, that if the total value of said credit and the appraised value of the parcel identified in section 1 exceed the appraised value of the parcels identified in section 2, the commonwealth shall have no obligation to pay the difference to the city of Gardner. If the appraised value of the parcels identified in section 2 exceed the appraised value of the parcel identified in section 1, the commissioner of capital asset management and maintenance, on behalf of the department of conservation and recreation, shall, as consideration for the excess value of the parcels described in said section 2, also acquire from the city of Gardner payment in an amount equal to the difference in the appraised values through the transfer to the department of conservation and recreation of land or an interest in land or funding for the acquisition of land or an interest therein equal to or greater than the resource value difference in the appraised values. The fair market value of any land or interest in land proposed to be conveyed to the department shall be included within the appraisal prepared pursuant to section 3. The land, interest in land or funding shall be acceptable to the department of conservation and recreation and any land or interest in land, whether conveyed to or acquired by the department, shall be permanently held and managed for conservation and recreation purposes by the department. If the appraised value of the parcel identified in said section 1 exceeds the appraised value of the parcels identified in said section 2, the commonwealth shall have no obligation to pay the difference to the city of Gardner. All payments made to the commonwealth as a result of the conveyances authorized in this act shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
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An Act relative to prepaid wireless surcharges
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H3134
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HD1647
| 193
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-17T12:08:08.32'}
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[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-17T12:08:08.32'}]
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Bill
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By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 3134) of James Arciero relative to prepaid wireless surcharges. Telecommunications, Utilities and Energy.
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SECTION 1. Subsection (a) of section 18H of chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the seventh sentence and inserting in place thereof the following sentence:
The provisions of this subsection shall not apply to prepaid wireless service as defined in section 18A.
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An Act relative to monthly minimum reliability contributions
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H3135
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HD2514
| 193
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{'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-19T14:01:47.447'}
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[{'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-19T14:01:47.4466667'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-03-11T20:45:44.4833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-11T20:45:04.9966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3135/DocumentHistoryActions
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Bill
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By Representative Armini of Marblehead, a petition (accompanied by bill, House, No. 3135) of Jennifer Balinsky Armini, Lindsay N. Sabadosa and Joan Meschino relative to municipal ratepayers, low-income ratepayers, community solar ratepayers, and owners of small-scale solar projects. Telecommunications, Utilities and Energy.
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SECTION 1. Section 139 of chapter 164 of the General Laws of 2018 is hereby amended by striking the first sentence of the third paragraph of subsection (j) and inserting in place thereof the following:-
The department shall exempt from any monthly minimum reliability contribution the following: municipal ratepayers, low-income ratepayers, community solar ratepayers, and owners of small-scale solar projects of 25 kilowatts or less.
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An Act to promote solar panel installations on school property
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H3136
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HD2555
| 193
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{'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-18T16:40:34.06'}
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[{'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-18T16:40:34.06'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-25T15:54:32.4066667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-14T13:52:43.9933333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-29T21:13:12.3266667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:36:16.39'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:14:33.5833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3136/DocumentHistoryActions
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Bill
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By Representative Armini of Marblehead, a petition (accompanied by bill, House, No. 3136) of Jennifer Balinsky Armini and others for legislation to promote solar panel installations on school property. Telecommunications, Utilities and Energy.
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Chapter 25A of the General Laws, as amended by section 41 of chapter 179 of the acts of 2022, is hereby further amended by adding the following section:-
Section 21. (a) The office in coordination with the department, as defined in section 3, shall establish a program to promote, support and encourage the construction, installation and operation of solar panels at K-12 public schools in districts across the commonwealth including, municipal and state education offices. The program shall increase overall renewable energy generation and improve energy efficiency through the installation of solar panels at K-12 public schools.
(b) The program shall include:
(i) incentives to encourage the construction, installation and operation of solar panels, which may include construction requirements, incentive payments, tax reductions or deferrals, loans or grants, expedited interconnection requirements, zoning or other regulatory preferences which may include, increasing the amount of the incentive through the state’s current or future solar incentive program for solar panel installation at K-12 public schools;
(ii) expanding installation of solar panels in the commonwealth;
(iii) maximizing the energy use savings of solar panels at K-12 public schools in the commonwealth;
(iv) expand the availability of solar panel electric vehicle charging infrastructure including, but not limited to: (i) technical assistance; (ii) demonstrations; and (iii) identification and implementation of cost-effective energy efficiency, energy storage and electric vehicle charging infrastructure measures and programs in existing and planned buildings or facilities of K-12 public schools in the commonwealth;
(v) roof quality evaluations when considering the installation of solar panels at K-12 public schools; and
(vi) such other criteria and conditions necessary for an efficient and effective installation of solar panels at K-12 public schools in the commonwealth.
(c) In designing the program, the department shall:
(i) consult with an advisory working group to make recommendations concerning the design and operation of the program. The members of the advisory working group shall be appointed by the secretary and shall include: (i) a representative of the department of energy resources, who shall chair the working group; (ii) a representative of the department elementary and secondary education; (iii) a representative of organized labor; (iv) a representative of the solar energy industry; (v) a representative of an environmental group concerned with energy; (vi) a representative of the construction industry; (vii) a representative of an electric utility or organization representing electric utilities; (viii) a representative of local government in the commonwealth; (ix) a person with expertise in energy siting; and (x) a person with expertise in solar energy and energy efficiency;
(ii) review the design, installation and operation of solar panels proposed or in operation in other states;
(iii) review cost and benefit analysis of K-12 public schools leasing solar panels rather than operating solar panels;
(iv) review the federal Inflation Reduction Act of 2022 for possible funding for the installation of solar panels at K-12 public schools; and
(v) hold not fewer than 3 public hearings in different regions of the commonwealth to receive public testimony and input on the program including, but not limited to, proposals by K-12 public school districts with 1 or multiple future projects for installation of solar panels.
(d) The department shall promulgate regulations as necessary to implement the program.
(e) If statutory changes are necessary to implement the program, the department shall make specific recommendations to the general court for required changes in law.
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An Act relative to intervenors and utility work
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H3137
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HD4047
| 193
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{'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-20T16:31:27.78'}
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[{'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-20T16:31:27.78'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-21T13:12:57.5'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-10T14:02:30.7533333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-06-02T11:40:08.0533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-07T15:11:25.1633333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-14T16:41:48.1333333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-03-02T10:07:43.7466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-10T14:17:39.23'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-05-15T17:13:34.3933333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-28T15:33:33.7033333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-05-10T17:13:24.6866667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-06-07T20:52:15.0466667'}]
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Bill
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By Representative Armini of Marblehead, a petition (accompanied by bill, House, No. 3137) of Jennifer Balinsky Armini and others relative to intervenors and utility work. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 30A of the General Laws is hereby amended by inserting after section 10A the following section:-
Chapter 30A, Section 10B. Notwithstanding the provisions of section 10, in any adjudicatory proceeding conducted by the department of public utilities regarding any petition, request for approval of a rate case or design or investigation of a gas company or an electric company, as defined in section 1 of chapter 164, the following shall be allowed by the department to participate fully as a party in such proceeding: (i) any municipality that is within the service area of such company; (ii) any member of the general court whose district includes ratepayers within the service area of such company; (iii) any group of not fewer than 10 persons who are ratepayers within the service area of such company; and (iv) a non-profit organization with expertise in the law of utilities. Such intervenors may appear pro se without counsel so long as they comply with the procedural rules of the department for an adjudicatory proceeding.
SECTION 2. Section 70 of chapter 164 of the General Laws is hereby repealed and replaced with the following:-
Section 70. (a) A gas company may, with the written consent of the city council of a city or the select board of a town, dig up and open the ground in any of the streets, lanes and highways of a city or town, so far as necessary to accomplish the objects of said corporation; but such consent shall not affect the right or remedy to recover damages for an injury caused to persons or property by the acts of such corporation. It shall put all such streets, lanes and highways in as good repair as they were when opened; and upon failure so to do within a reasonable time, shall be guilty of a nuisance.
(b) For the purposes of this section, damage to property shall include (i) any tree on public property damaged or killed by gas migrating into the critical root zone of such tree, defined as the area measured from the trunk of a tree at a radius of 1 foot per inch of the diameter of the tree at 4.5 feet above grade; or (ii) damage by construction during the course of repairing or replacing gas infrastructure.
(c) As a condition of granting consent as provided in subsection (a) or consenting to a grant of location, a city council or select board may require a gas company to provide the following information within 30 days of request: (i) a map of the gas infrastructure in the city or town; (ii) the age and condition of gas pipelines; (iii) the type and size of pipeline material; (iv) the pipeline pressure; (v) the repair history of gas infrastructure in each street segment; (vi) the number of leaks within the city or town having a significant environmental impact and the status and timeframe of their expected repair; (vii) probable cause of the leak, including defect, deterioration, or damage in pipe material or joint; (viii) estimated annual cost of gas lost from leaks in the municipality; (ix) estimated cost and timeframe for making any repairs to, or replacement of, existing pipelines, including estimated commencement date and completion date of such construction; (x) whether a gas main is being extended, repaired, or replaced; (xi) where and how many leaks are in the sections where work will be performed; (xii) the purpose of work to be performed, such as upcoming municipal roadwork, extension of service to new development, or repair or replacement of leak-prone pipeline; (xiii) whether any replacement will increase pipeline capacity; (xiv) any anticipated risks or hazards from such repair or replacement; and (xv) such other information as the city council or select board may reasonably require in order to make an informed consent.
(d) On written petition of a city council of a city or of a select board of a town aggrieved by the failure or refusal of a gas company to comply with a request made by said city council or select board pursuant to subsection (c), the department shall, after notice to such gas company to appear at a time and place therein named to show cause why the prayer of such petition should not be granted, issue an order directing such gas company to provide the petitioner with the information requested, upon such terms as are reasonable.
(e) Nothing in this section shall prevent a municipality from further regulating the opening of streets or the use of public ways by a gas company, or from conditioning the consent of such municipality to dig up and open the ground.
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An Act authorizing the city of Somerville to establish a net zero emissions standard for new constructed buildings and major renovation projects
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H3138
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HD2174
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T11:14:15.12'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T11:14:15.12'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-19T11:14:15.48'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-19T11:25:36.5066667'}]
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{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-19T11:14:15.12'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3138/DocumentHistoryActions
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Bill
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By Representatives Barber of Somerville and Connolly of Cambridge, a petition (accompanied by bill, House, No. 3138) of Christine P. Barber, Mike Connolly and Erika Uyterhoeven (with the approval of the mayor and city council) that the city of Somerville be authorized to establish a net zero standard for newly constructed buildings and major renovation projects. Telecommunications, Utilities and Energy. [Local Approval Received.]
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SECTION 1. Pursuant to Chapter 179, Section 84 of the Acts of 2022 An Act Driving Clean Energy And Offshore Wind, and notwithstanding any general or special law or rule or regulation to the contrary, the City of Somerville is authorized to adopt or amend general or zoning ordinances that require new building construction or major renovation projects to be fossil fuel-free, and enforce restrictions and prohibitions on new building construction and major renovation projects that are not fossil fuel-free, including through the withholding or conditioning of building permits.
SECTION 2. This act shall take effect upon its passage.
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An Act setting deadlines to electrify school buses and public fleets and establishing programs to encourage private fleet electrification
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H3139
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HD1543
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T14:39:07.98'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T14:39:07.98'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-18T15:08:38.79'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-09T12:28:49.4266667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-04T16:22:34.73'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-27T08:50:14.94'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-03-06T15:49:31.6833333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-24T10:53:08.8433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T17:02:03.6866667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T12:53:29.0533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:14:36.8633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T11:49:47.47'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-02-14T15:33:14.6666667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T11:19:09.8166667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-28T21:54:35.3766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T22:16:05.33'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-08T14:03:12.66'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:52:11.83'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:17:33.6666667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-05-18T15:12:48.7333333'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-09-20T13:44:04.11'}]
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{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-18T14:39:07.98'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3139/DocumentHistoryActions
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Bill
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By Representatives Barber of Somerville and Meschino of Hull, a petition (accompanied by bill, House, No. 3139) of Christine P. Barber, Joan Meschino and others relative to setting deadlines to electrify school buses and public fleets and establishing programs to encourage private fleet electrification. Telecommunications, Utilities and Energy.
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SECTION 1.
Section 1 of Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following definitions:-
“Electric vehicles” are vehicles that rely solely on electric motors for propulsion and includes non-combustion vehicles.
“Emergency vehicle”, any publicly owned vehicle operated by a peace officer in performance of their duties, any authorized emergency vehicle used for fighting fires or responding to emergency fire calls, any publicly owned authorized emergency vehicle used by an emergency medical technician or paramedic, or used for towing or servicing other vehicles, or repairing damaged lighting or electrical equipment, any motor vehicle of mosquito abatement, vector control, or pest abatement agencies and used for those purposes, or any ambulance used by a private entity under contract with a public agency.
SECTION 2.
Section 1 of chapter 21N is hereby amended by inserting the following definitions:
“Electric vehicle”, as defined in section 1 of chapter 90.
“Motor vehicles”, as defined in section 1 of chapter 90.
“Motor vehicle fleet” is a set of at least twenty-five motor vehicles under the same ownership or control and registered in the Commonwealth of Massachusetts.
“Motor vehicle fleet serving a public purpose” is a motor vehicle fleet of which an portion is leased, rented, or contracted by the Commonwealth of Massachusetts or a municipality or any political subdivision thereof from a person or entity other than the Commonwealth of Massachusetts or a municipality to provide a public service or for its own use, including school buses and paratransit vehicles.
“Public motor vehicle fleet” is a motor vehicle fleet owned by the Commonwealth of Massachusetts, a transportation authority, a school district, a public university, a quasi-public agency, or a municipality or in the shared ownership of multiple municipalities, or any political subdivision thereof. A public motor vehicle fleet includes vehicles under the same ownership of the Commonwealth or a municipality, even if a portion of the motor vehicle fleet is under the management or control of separate secretariats, departments, agencies, or offices.
SECTION 3.
Chapter 21N is hereby amended by inserting after section 7 the following sections: -
Section 7A. The Secretary, in consultation with the department of energy resources, department of transportation, department of environmental protection, and department of public utilities, shall develop a transition to an electric school bus and motor vehicle fleet program and promulgate regulations to require the following motor vehicle fleet standards: (a) fifty percent of all public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric vehicles by 2025; (b) seventy-five percent of all public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric vehicles by 2030; and (c) one hundred percent of all public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric vehicles by 2035.
In reaching the Commonwealth’s public fleet requirements defined in this section, the Secretary shall prioritize for electrification any vehicles cited as medium- or high-priority by the study commissioned pursuant to section 6 of chapter 448 of the acts of 2016. To meet the deadlines established in this section, the Secretary shall prioritize electric vehicle deployment in locations serving environmental justice populations as defined in section 62 of chapter 30 of the general laws.
Section 7B. Notwithstanding section 9A of chapter 7, vehicles subject to the electric vehicle public motor vehicle fleet program include: all public motor vehicle fleets, all motor vehicle fleets serving a public purpose, and all motor vehicle fleets that are owned, leased, rented, or contracted, by quasi-public agencies, excluding emergency vehicles. The Department of Energy Resources, with input from the Department of Environmental Protection, Department of Public Utilities, and Department of Transportation and the intergovernmental coordinating council established by the Acts of 2022, chapter 179, section 81, shall: (i) establish goals for private motor vehicle fleets conversion; (ii) identify and implement incentives to support electric vehicle purchases; (iii) work with owners of motor vehicle fleets used for public transportation licensed to operate in the Commonwealth pursuant to chapter 90 or chapter 159A to transition to electric vehicles; and (iv) work with owners of motor vehicle fleets used as commercial motor carriers, freight services, limousine services, and taxis registered to operate in the Commonwealth to transition to electric vehicles.
Section 7C. The Secretary, in consultation with the executive office for administration and finance, shall require that new motor vehicles purchased by the Commonwealth shall be electric vehicles according to the following deadlines: (i) sixty percent of all purchases in 2023; (ii) eighty percent of all purchases in 2024; (iii) ninety percent of all purchases in 2025; and (iv) one hundred percent of all purchases in 2026. The Secretary or designee, in consultation with the Executive Office of Administration and Finance shall establish a centralized joint procurement process for public fleets to reduce procurement costs.
Section 7D. The Department of Energy Resources shall design and implement an incentive program to encourage the conversion of private fleets to electric vehicles. Should an owner of a motor vehicle fleet fail to comply with electric vehicle program requirements, the Department of Energy Resources shall remove the incentive for that owner and require reimbursement of the incentive. As part of the incentive program, the Department of Energy Resources shall ensure a specific pool of funds, not less than ten percent of all funds allocated to the incentive program, is available to municipalities to promote the transition to electric vehicle motor vehicle fleet.
SECTION 4.
Beginning in 2024 and every five years thereafter through 2040, the Secretary shall submit a report to the Legislature that measures the Commonwealth’s progress towards implementation of the electric vehicle motor vehicle fleet program. The report shall: (i) assess the electric vehicle market in the Commonwealth; (ii) identify funding sources to serve as incentives for purchasing electric vehicles to offset costs to agencies, municipalities, and businesses; (iii) identify barriers to increased penetration of electric vehicles; and (iv) recommend legislative and regulatory action to address those barriers.
SECTION 5.
The Secretary may provide education, training, and technical assistance to motor vehicle fleet operators to support electric vehicle penetration. The Secretary may pursue federal funding opportunities to support electric vehicle penetration throughout the Commonwealth in accordance with the requirements of Chapter 21N.
SECTION 6.
The regulations required pursuant to sections 7A through 7D of said chapter 21N shall be promulgated and in effect not later than 270 days following the effective date.
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An Act to provide consumer protections at dog day care businesses
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H314
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HD2483
| 193
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{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-19T13:35:59.52'}
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[{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-19T13:35:59.52'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-31T13:37:52.7633333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-31T13:37:52.7633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-09T12:46:54.1233333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-09T12:46:54.1233333'}]
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Bill
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By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 314) of Danielle W. Gregoire and others relative to licensing of dog day care businesses. Consumer Protection and Professional Licensure.
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SECTION 1. Section 1 of chapter 129 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Division”, the following new definition:-
“Dog day care business,” the business of furnishing supervision, control and management of dogs socializing in groups with responsibility for food, water, exercise and the provision of care to maintain the safety and well-being of dogs at the establishment that are not the property of the business owner.
SECTION 2. Section 9 of said chapter 129 of the General Laws, as so appearing, is hereby amended by inserting after the words “guard dog business,” the following:- any dog day care business,
SECTION 3. Chapter 129 of the General Laws is hereby amended by inserting after section 39G the following new section:-
39H. Every person engaged in operating a dog day care business shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such licenses shall expire on December thirty-first following the date of issuance, unless sooner revoked. The director shall make rules and regulations governing the method and time of inspections of said businesses, issuance, suspension and revocation of such licenses, penalties for violations of this section and the conduct of the businesses so licensed relative to sanitation requirements, operational safety standards, and risk management procedures. Rules and regulations shall include, but not be limited to, minimum commercial general liability insurance requirements; fire and emergency procedures; approved education, testing, accreditation or certification for dog day care animal care providers; and animal health and behavior recordkeeping, including an obligation to report to the director serious injuries to animals or people.
SECTION 4. The director shall obtain input from current Massachusetts dog day care business owners, employees, animal owners, licensed veterinarians and experts on industry best practices prior to drafting regulations for promulgation in compliance with chapter 30A and shall accept applications for dog day care business licensure under section 39H of chapter 129 of the General Laws on or before December 1, 2024.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act relative to municipal lighting plants
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H3140
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HD448
| 193
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{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-13T10:07:24.66'}
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[{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-13T10:07:24.66'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-24T11:47:19.4033333'}]
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Bill
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By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 3140) of John Barrett, III and Smitty Pignatelli relative to liens upon real estate for nonpayment by municipal lighting plants. Telecommunications, Utilities and Energy.
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Section 58B of chapter 164 of the General Laws is hereby amended by inserting after the word “steam”, in line 8, the following words:- , telecommunication services, including internet.
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An Act to establish municipal access to utility poles located in municipal rights-of-way
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H3141
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HD449
| 193
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{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-13T10:08:05.857'}
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[{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-13T10:08:05.8566667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-20T10:01:38.9566667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-24T09:45:43.41'}]
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Bill
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By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 3141) of John Barrett, III, Michelle M. DuBois and Smitty Pignatelli relative to municipal access to utility poles located in municipal rights-of-way. Telecommunications, Utilities and Energy.
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SECTION 1. Section 22A of chapter 166 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following 2 paragraphs:-
(j) “Make-ready work”, the rearrangement or transfer of existing facilities, replacement of a pole, complete removal of any pole replaced or any other changes required to make space available for an additional attachment to a shared-use pole.
(k) “Unserved or underserved area”, an area that the Massachusetts Broadband Institute, established pursuant to section 6B of chapter 40J, determines to meet criteria under subsection (e) of said section 6B. Criteria established by the Massachusetts Broadband Institute to define unserved and underserved areas shall include the percentage of households with access to broadband service within a municipality or other appropriate geographic area.
SECTION 2. Said chapter 166, as so appearing, is hereby further amended by inserting after section 22J the following section:-
Section 22J ½. Notwithstanding any general or special law to the contrary, for the purpose of safeguarding access to infrastructure essential to public health, safety and welfare, an owner of a shared-use pole and each entity attaching to that pole is responsible for that owner's or entity's own expenses for make-ready work to accommodate a municipality's attaching its facilities to that shared-use pole: (i) for a governmental purpose consistent with the police power of the municipality; or (ii) for the purpose of providing broadband service to an unserved or underserved area. For the purpose of this section the term “shared use pole” shall include, but not be limited to poles and structures constructed pursuant to section 24, attachments as defined in section 25A, or poles and overhead wires and associated overhead structures.
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[]
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An Act relative to municipal light plants
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H3142
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HD1371
| 193
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{'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-17T11:22:25.143'}
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[{'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-17T11:22:25.1433333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T14:52:35.43'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-26T15:15:01.65'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-24T15:30:05.0966667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-24T16:26:18.6233333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-02-14T15:06:20.1833333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-19T09:54:57.92'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-19T12:03:40.87'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-02-16T12:12:45.6233333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T14:52:21.12'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-24T12:13:02.8666667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-04-03T10:45:15.2'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-10T11:39:24.9533333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-24T09:25:54.8533333'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-19T22:18:54.38'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T14:04:49.0066667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-28T10:58:55.1233333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-10T15:53:05.08'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T14:08:33.1666667'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-02-14T09:58:29.3133333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-09T16:30:28.57'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-02-10T15:54:43.16'}, {'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-31T12:43:13.9033333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-18T13:22:24.62'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-28T09:03:01.5066667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-06T13:21:48.6333333'}, {'Id': 'DHW1', 'Name': 'Donald H. Wong', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DHW1', 'ResponseDate': '2023-01-19T14:07:51.3733333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:14:07.5933333'}]
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Bill
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By Representative Barrows of Mansfield, a petition (accompanied by bill, House, No. 3142) of F. Jay Barrows and others relative to municipal light plants. Telecommunications, Utilities and Energy.
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SECTION 1. Section 4A of Chapter40 of the General Laws as appearing in the 2020 Official Edition, is hereby amended by deleting in line 8 after the word “selectmen” the words “, and ”
SECTION 2. Said section of said chapter is hereby further amended by adding in line 9 after the word “committee” the following words: , in a municipal light plant by the board or commission;
SECTION 3. Said section of said chapter is further amended by deleting in line 28 the word “or”
SECTION 4. Said section of said chapter is further amended by deleting in line 29 “.” and by adding the following words: , or a municipal light plant established under chapter 164 or by special law.
Section 4. Section 47B of Chapter 164 of the General Laws as appearing in the 2018 Official Edition is hereby amended by adding subsection 47b as follows:
(b) Any municipality acting by and through its municipal light board may provide services and assistance to any municipal or state utility, tribal utility as defined in 25 CFR § 169.2, or any other publicly-owned or operated utility, whether located inside or outside of the Commonwealth, and governmental units as defined in section 4A of chapter 40, to construct, install, alter, operate, maintain or repair utility poles and conduit, wires, cables, and equipment, and streetlights and traffic signals to the same extent such municipality acting by and through its municipal light board may provide such services within its service territory. Any such municipality acting by and through its municipal light board may sell, rent, or lease merchandise, equipment, fixtures, utensils and chattels of any description related to the provision of such services. Any employee providing such services entered into between the municipality acting by and through its municipal light board and such other public entity shall be subject to the provisions of chapter thirty-two, sections one to twenty-eight, inclusive, and shall have the same rights and privileges thereunder, as if performing the same duties within the scope of his employment including voluntary assignments.
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An Act protecting consumers from unreasonable utility rate increases
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H3143
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HD495
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-13T12:30:01.147'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-13T12:30:01.1466667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-24T17:04:15.08'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-21T15:10:13.2333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-21T08:06:48.18'}]
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 3143) of Natalie M. Blais and others relative to protecting consumers from unreasonable utility rate increases. Telecommunications, Utilities and Energy.
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SECTION 1: Chapter 164 of the General Laws is hereby amended by inserting after section 94I the following sections:-
Section 94J. (a) In any base rate proceeding conducted by the department under section 94 for electric companies or gas companies, the department may not approve an allowed return on equity higher than the average allowed return on equity approved in neighboring states over the preceding 4 years. Such requirement may be waived only upon a specific showing that the constitutional rights of the electric or gas company would otherwise be violated.
(b) The determination of allowed return on equity under this section shall not include compensation related to programs under section 21 of chapter 25 or any performance incentives designed to promote the efficient, clean, and reliable operation of the electric or gas system.
Section 94K. In any base rate proceeding conducted by the department under section 94 for electric companies or gas companies, the department may not approve a performance-based ratemaking mechanism with a negative productivity factor, negative productivity offset, or negative X factor, or any other mechanism that automatically results in annual revenue increases at a rate higher than inflation.
SECTION 2: Section 94K of chapter 164 of the General Laws, as inserted by this act, shall apply to any performance-based ratemaking mechanism approved more than 30 days after the effective date of this act. For any performance-based ratemaking mechanism approved prior to 30 days after the effective date of this act, the department shall exclude the negative productivity factor from any future filings for an annual performance-based ratemaking adjustment.
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[]
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[]
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[]
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An Act promoting solar energy canopies on large parking lots
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H3144
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HD1802
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-18T17:22:51.523'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-18T17:22:51.5233333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T16:42:21.32'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:31:51.8733333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:57:59.62'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-26T09:57:43.3766667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-27T09:52:19.4566667'}]
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 3144) of Natalie M. Blais and others for legislation to promote solar energy canopies on large parking lots. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 21A of the General Laws is hereby amended by inserting after section 28 the following section:-
Section 29. (a) The office, in coordination with the department of energy resources, shall establish a program to encourage the construction and operation of solar power generating canopies over large parking lots. The program shall be designed to contribute to the state's greenhouse gas emission reduction requirements and increase overall renewable energy generation, as well as provide shade and weather protection to both the vehicles under the canopies and people moving from their cars into the buildings served by the parking lot.
(b) The program shall include:
(i) incentives to encourage the construction and operation of solar power generating canopies and co-located energy storage facilities, which may include construction requirements, incentive payments, tax reductions or deferrals, expedited interconnection requirements, zoning or other regulatory preferences, which may include increasing the amount of the incentive through the state’s current or future solar incentive program for solar panels mounted on parking lot canopies; or other financial or regulatory incentives;
(ii) a definition of qualifying parking lots, which may be phased in over time;
(iii) minimum electric generation capacity requirements; and
(iv) such other criteria and conditions necessary for an efficient and effective solar power generating canopies over large commercial parking lots program that significantly increases the use of solar-generated power in the commonwealth.
(c) In designing the program, the department shall:
(i) consult with an advisory working group to make recommendations concerning the design and operation of the program. The members of the advisory working group shall be appointed by the secretary and shall include a representative of the division of energy resources, who shall chair the working group, and a representative of the commercial real estate industry; a representative of organized labor, a representative of the solar energy industry, a representative of an environmental group concerned with energy, a representative of the construction industry, a representative of an electric utility or organization representing electric utilities, a representative of local government, a person with expertise in energy siting, and a person with expertise in solar energy and energy efficiency; ;
(ii) review the design and operation of parking lot solar energy incentive programs proposed or in operation in other jurisdictions, including in the state of Washington, Hawaii, California, and France; and
(iii) hold not fewer than 3 public hearings in different regions of the commonwealth to receive public testimony and input on the program.
(d) The department shall promulgate regulations as necessary to implement the program.
(e) If statutory changes are necessary to implement the program, the department shall make specific recommendations to the general court for required changes in statutes.
SECTION 2. The advisory working group for the program to encourage the construction and operation of solar power generating canopies over large parking lots under section 29 of chapter 21A of the General Laws shall make its recommendations no later than 1 year after the effective date of this act. The department shall implement said section 29 of said chapter 21A no later than 2 years after the effective date of this act.
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[]
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[]
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[]
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An Act expanding community access to electric bicycles
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H3145
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HD3264
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T11:22:32.55'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T11:22:32.55'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-23T08:33:37.1933333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-26T19:38:38.58'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-19T16:46:16.52'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-13T16:09:24.35'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T20:59:18.0433333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-04-24T17:34:42.7466667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T14:02:45.0966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T15:26:06.5366667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T23:01:29.6366667'}]
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 3145) of Natalie M. Blais and others that the Department of Energy Resources establish the community access to electric bicycles grant initiative. Telecommunications, Utilities and Energy.
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Chapter 25A of the General Laws is hereby amended by adding the following section:-
Section 11J. THE COMMONWEALTH COMMUNITY ACCESS TO ELECTRIC BICYCLES GRANT INITIATIVE
(a) The department of energy resources shall establish THE COMMUNITY ACCESS TO ELECTRIC BICYCLES GRANT INITIATIVE to help finance bike share programs and ownership programs that municipalities, businesses, and nonprofit organizations administer.
(b) A local municipality, business, or nonprofit organization awarded money under the grant initiative may use the money to purchase and maintain electric bicycles, equipment, and infrastructure for its bike share program or ownership program, pay labor costs related to implementation of the program, and cover the direct and indirect administrative costs that the local municipality, business, nonprofit organization, or a third-party contractor incurs in implementing the program.
(c) To be eligible to apply for money under the grant initiative, a municipality, business, or nonprofit organization must administer themselves, or contract with a third party to administer, a bike share program using a fleet of electric bicycles, or an ownership program offering an electric bicycle to a specific individual or household.
(d) In administering the grant initiative, the department of energy resources shall establish an application process for local municipalities, businesses, and nonprofit organizations to apply for the money under the grant initiative. The department of energy resources shall develop criteria for awarding grant money; giving priority to local municipalities, businesses, and nonprofit organizations offering a program in one or more environmental justice or disproportionately impacted communities.
(e) The department of energy resources shall require that local municipalities, businesses, or nonprofit organizations provide at least a certain percentage of matching money for the initiative.
(f) The department of energy resources shall develop periodic reporting requirements for a grantee to demonstrate that the money awarded is being used in compliance with the purposes of this section, as well as procedures for addressing a grantee’s noncompliance with this section, including procedures for reimbursement of money awarded.
(g) The department of energy resources may use up to ten percent of the money in the fund to cover its direct and indirect costs incurred in administering the grant initiative in this section.
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An Act promoting the proper disposal of miniatures
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H3146
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HD3782
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{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T10:19:58.123'}
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[{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T10:19:58.1233333'}]
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By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 3146) of Nicholas A. Boldyga for legislation to further define miniature beverage containers under the "bottle bill", so-called. Telecommunications, Utilities and Energy.
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SECTION 1. Section 321 of chapter 94 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the definitions of “Beverage” and “Beverage container” and inserting in place thereof the following 2 definitions:-
“Beverage”, soda water or similar carbonated soft drinks, mineral water, alcoholic beverages sold in a miniature and beer and other malt beverages, but shall not include alcoholic beverages other than beer and malt beverages as defined in chapter 138 and alcoholic beverages sold in a miniature, dairy products, natural fruit juices or wine.
“Beverage container”, any sealable bottle, can, jar, or carton which is primarily composed of glass, metal, plastic or any combination of those materials and is produced for the purpose of containing a beverage, including a miniature. This definition shall not include containers made of biodegradable material.
SECTION 2. Said section 321 of said chapter 94 is hereby further amended by inserting after the definition of “Label” the following definition:-
“Miniature”, any sealable bottle, can, jar, or carton which is primarily composed of glass, metal, plastic, or any combination of those materials that has a capacity of not more than 100 milliliters and is produced for the purpose of containing an alcoholic beverage.
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An Act relative to offshore wind
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H3147
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HD4059
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T16:41:11.813'}
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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T16:41:11.8133333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:24:47.59'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:34.1366667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T15:22:58.0166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:55:29.4733333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:28:49.7266667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-21T12:19:16.9933333'}]
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By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 3147) of Antonio F. D. Cabral and others relative to offshore wind energy generation. Telecommunications, Utilities and Energy.
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SECTION 1. Subsection (b) of section 83C of chapter 169 of the acts of 2008, as amended by chapter 188 of the acts of 2016, as amended by chapter 179 of the acts of 2022, is hereby amended by striking out the figure “5,600” and inserting in place thereof the following figure:- 8,000.
SECTION 2. Subsection (b) of section 83C of chapter 169 of the acts of 2008, as amended by chapter 188 of the acts of 2016, as amended by chapter 179 of the acts of 2022, is hereby further amended by striking out the words:- "June 30, 2027" and inserting in place thereof the following words:- "June 30, 2026; provided, however, that said distribution companies enter into cost effective long-term contracts for offshore wind energy generation equal to approximately 3,241 megawatts of aggregate nameplate capacity not later than June 30, 2022".
SECTION 3. Subsection (b) of section 83C of chapter 169 of the acts of 2008, as amended by chapter 188 of the acts of 2016, as amended by chapter 179 of the acts of 2022, is hereby further amended by striking out the words:- ", if applicable,".
SECTION 4. Subsection (b) of section 83C of chapter 169 of the acts of 2008, as amended by chapter 188 of the acts of 2016, as amended by chapter 179 of the acts of 2022, is hereby further amended by striking out the words "24 months" and inserting in place thereof the following words:- "18 months."
SECTION 5. Subsection (b) of section 83C of chapter 169 of the acts of 2008, as amended by chapter 188 of the acts of 2016, as amended by chapter 179 of the acts of 2022, is hereby amended by inserting the following subsection:-
(e) The winning bid shall create and foster employment and economic development in the Commonwealth and represent not less than twenty percent of the proposal’s overall score in the bids selection process. The winning bid shall be chosen by the selection committee which shall consider all proposals and criteria in subsection (d) when making a final decision. The committee shall consist of the following members: the secretary of energy and environmental affairs, which shall be the chair; the attorney general; the secretary of the executive office of housing; the secretary of the executive office of economic development; the secretary of the executive office of labor and workforce development; and the house and senate chairs of the joint committee on telecommunications, utilities and energy.
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An Act addressing Class II renewable energy credits
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H3148
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HD596
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{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-13T16:38:08.637'}
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[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-13T16:38:08.6366667'}]
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By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 3148) of Daniel Cahill relative to Class II renewable energy credits. Telecommunications, Utilities and Energy.
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Section 11F of Chapter 25A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding at the end of subsection (e) the following:-
Provided however, every energy retail supplier shall provide Massachusetts end-use customers a minimum requirement of 3.8 per cent of kilowatt-hour sales of energy attributes from Class II non-waste-to-energy generation, as described in subsection (d), for supply contracts starting, or renewed, on and after January 1, 2023. Beginning in 2023, the department shall annually conduct an analysis and reset the energy retail supplier’s minimum requirement of Class II non-waste-to-energy generation attributes for new or renewed retail supplier contracts in the calendar year following each annual review, to ensure and promote the continued operation of existing energy generating resources that meet the requirements of said subsection (d), but at no time shall the minimum percentage requirement for energy retail suppliers be set lower than 3.8 per cent.
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An Act establishing fossil-free fuels pilot programs
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H3149
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HD1914
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{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T21:58:35.023'}
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[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T21:58:35.0233333'}]
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By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 3149) of Daniel Cahill for legislation to establish fossil-free fuels pilot programs. Telecommunications, Utilities and Energy.
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Section 99 Chapter 8 is hereby amended by adding the following paragraph:
SECTION XX. The department of public utilities may, upon application of a gas company as defined in section 1 of chapter 164 of the General Laws, authorize pilot projects for the development of utility-scale renewable natural gas and/or renewable hydrogen. Such application shall be filed with the department on or before January 1, 2025. The department may, under a pilot, approve recovery of costs for projects situated in the commonwealth that demonstrate the technical and economic potential of renewable natural gas and/or renewable hydrogen sources, systems or technologies capable of substituting for fossil-based natural gas; provided, however, that such substitute renewable natural gas and/or renewable hydrogen sources, systems or technologies, and such replacements or alternative uses, have a reasonable likelihood of facilitating substantial reductions in greenhouse gas emissions that satisfy the mandates of greenhouse gas reductions set forth in chapter 21N of the General Laws. The department shall ensure transparency and validity of the outcomes of the pilot projects through a third-party evaluation and report by the department of energy resources. In determining whether to approve a pilot project, the department shall consider the reasonableness of the size, scope and scale of the pilot project and related budget and the likelihood of the pilot to demonstrate technical and economic benefits, including the social value of greenhouse gas emissions reductions. The department may promulgate rules or regulations to implement this section.
For purposes of this section, the following terms are defined as follows:
“Renewable natural gas” is defined as pipeline quality gas derived from any combination of biogas, biomass, the methanation of hydrogen and waste carbon dioxide, or the thermal gasification of sustainable feedstocks, where the use of the fuel results in lower lifecycle CO2-equivalent (“CO2-e”) emissions than geologic natural gas. CO2-e is defined as the number of metric tons of CO2 emissions with the same global warming potential as one metric ton of another greenhouse gas.
“Renewable hydrogen” is defined as hydrogen produced with electricity generated from renewable energy systems or from conventional sources where any associated emissions are curtailed or offset by carbon management. Renewable energy systems include those that generate electric or thermal energy through the use of solar thermal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal ground source heat, biogas produced by the anaerobic digestion or fermentation of biodegradable materials, tidal energy, wave energy, ocean thermal and fuel cells that do not utilize a fossil fuel resource.
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An Act relative to advancing the profession of commercial interior design
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H315
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HD773
| 193
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{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-17T12:41:10.147'}
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[{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-17T12:41:10.1466667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-06-23T13:11:10.32'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-08T12:24:29.76'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-23T15:12:16.7366667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-13T17:39:18.0833333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-13T09:29:41.1533333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-06T12:50:44.9033333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-13T14:00:11.1066667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-20T14:33:30.5533333'}]
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By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 315) of Patricia A. Haddad and others relative to registered interior designers. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 112 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 275 the following 7 new sections:-
Section 276. For the purposes of this section and sections 277 to 282, inclusive, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Board”, means the board of registration of commercial interior designers established in section 110 of chapter 13.
"Building", means an enclosed structure that has human occupancy or habitation as its principal purpose as defined in the Massachusetts State Building Code.
“Certificate of registration”, means the two year license to practice commercial interior design issued by the board.
"International Building Code", means the edition of the International Building Code, issued by the International Code Council, most recently adopted by the commonwealth, including Massachusetts amendments.
“Practice of commercial interior design", means, in relation to obtaining a building permit independent of an architect licensed under sections 60A through 60Q, inclusive, the preparation of a plan or specification for, or the supervision of new construction, alteration, or repair of, an interior space within a newly constructed or existing building when the core and shell structural elements are not going to be changed; provided, however, that it does not include: (a) providing commercial construction documents, independent of a licensed architect, for a space that: (1) does not already have base building life safety components installed or designed and permitted, including required exit stairs and enclosures, paths of travel, ramps, horizontal exit passageways, disabled access, fire alarm systems, and base building fire suppression systems; or (2) is undergoing a change of occupancy classification as described in the International Building Code; or (b) changes to or the addition of foundations, beams, trusses, columns, or other primary structural framing members or seismic systems; structural concrete slabs, floor and roof framing structures, or bearing and shear walls; openings in roofs, floors, exterior walls, or bearing and shear walls; exterior doors, windows, awnings, canopies, sunshades, signage, or similar exterior building elements; as described in the International Building Code, life safety equipment, including smoke, fire, or carbon dioxide sensors or detectors, or other overhead building elements; as described in the International Building Code, bracing for partial height partitions if the top of the partition is more than eight feet above the floor; or heating, ventilating, or air conditioning equipment or distribution systems, building management systems, high or medium voltage electrical distribution systems, standby or emergency power systems or distribution systems, plumbing or plumbing distribution systems, fire alarm systems, fire sprinklers systems, security or monitoring systems, or related building systems.
Section 277. Upon approval by the board, any individual who has passed the interior design examination administered by the National Council for Interior Design Qualification may use the title “Registered Commercial Interior Designer.” Such individual shall, upon satisfactory completion of the aforementioned requirements and any other requirements and qualifications as deemed necessary by the board, send to the board a copy of documentation of the proof of passage of said exam, of graduation and completion of said program, and any certifications awarded to said individual by the National Council for Interior Design Qualification, and any other documentation as required by the board. Such documentation shall include the individual’s name, mailing address and email address; provided, that such individual shall update the board of any changes to such information as they occur. Such documentation shall be placed on file with the division of professional licensure.
Section 278. (a) Each applicant seeking to become a registered commercial interior designer shall pay to the board, upon filing their original application a fee to be determined annually by the commissioner of administration. After verification of the aforementioned documentation and receipt of the application fee, the board shall issue a certificate of registration for a period of two years. The director of the division of professional licensure, or their designee, as the custodian of any documentation required by this section shall enforce the provisions of said section and may use said documentation, or any lack thereof, as they, or their designee, deems necessary, notwithstanding any general or special law, or rule or regulation to the contrary.
A registered commercial interior designer shall be required to complete continuing education courses. Continuing education shall be gained through coursework delivered in education credits. The quantity and content designation of education credits shall be determined by the board.
It shall be unlawful for any individual, who is not so approved by the board to use the title “Registered Commercial Interior Designer” or any title or device indicating that an individual is a “registered commercial interior designer.”
Nothing herein shall prohibit any person from performing commercial interior design services or using the title “commercial interior designer”, “commercial interiors consultant”, “commercial interior decorator” or the like, so long as the word “registered” is not used in conjunction with the word “commercial interior designer.”
Nothing herein shall authorize any individual to engage in the practice of architecture, engineering, or any other occupation regulated under the laws of this state or to prepare, sign or seal plans with respect to such practice or in connection with any governmental permits unless licensed or otherwise permitted to do so under such laws.
Nothing herein shall prohibit any person from performing professional services limited to the planning, design, and implementation of kitchen and bath spaces and/or the specification of products for kitchen and bath areas.
Nothing in this section shall prohibit an employee of a retail establishment providing consultation regarding interior design, decoration, furnishings, furniture or fixtures offered for sale by such establishment from receiving compensation from such establishment.
(b) Notwithstanding any general or special law to the contrary, an individual who has completed at least 10 years of full-time, diversified, verifiable professional experience in the profession of interior design shall be eligible for provisional registration provided that within 12 months after the first meeting of the board, said individual has applied for registration.
Said applicant, upon review and consent of the board, may be issued a provisional registration and be given three calendar years from the first meeting of the board to provide substantial proof to the board of successful passage of the National Council for Interior Design Qualification examination, at which time full registration will be granted. If proof is not provided to the board within the allotted time period, said applicant’s provisional registration shall be revoked. Re-application, including satisfaction of all requirements at the time of re-application, shall be required for registration. During the time period of provisional registration said individual is required to maintain all current fees and uphold all requirements registration and renewal until such time as the examination requirement is fulfilled.
(c) Any individual violating the provisions of sections 276 to 282, inclusive, may be punished by a fine of not more than $500 or by imprisonment in a jail or house of correction for not more than 3 months, or both, or by revocation of registration by the board.
Section 279. Every registered commercial interior designer shall have a seal of a design authorized by the board. All plans, specifications and reports prepared by a registered commercial interior designer or under their supervision shall be stamped with the impression of such seal. A registered commercial interior designer shall impress their seal on any plans or specifications on if their certificate of registration is in full force and if they were the author of such plans and specifications or in responsible charge of their preparation.
Section 280. A roster showing the names and the last known places of business of all registered commercial interior designers shall be prepared by the board in the month of January of each year. Such roster shall be posted on a publicly available website.
Section 281. (a) Upon receipt of a written application, the board may grant a certificate of registration as a commercial interior designer emeritus to an interior designer who has retired from the active practice of commercial interior design in the commonwealth. To be eligible for a certificate of registration as a commercial interior designer emeritus, the applicant shall: (i) submit an application together with a fee prescribed by the board; (ii) have been a commercial interior designer in good standing in the commonwealth at the time of his retirement; (iii) be at least 65 years of age; (iv) have been a registered a commercial interior designer in the commonwealth for at least 10 years; (v) have relinquished his license to practice commercial interior design; and (vi) satisfy any other requirements as may be prescribed by the board.
(b) A commercial interior designer emeritus shall not engage in nor hold themselves out as engaging in the practice of commercial interior design. A commercial interior designer emeritus shall be exempt from the continuing education requirements established in section 278.
(c) A commercial interior designer emeritus seeking reinstatement as a commercial interior designer shall: (i) file an application for reinstatement with the board; (ii) pay an administrative fee which shall be determined by the board; and (iii) comply with education or other requirements established by the board.
Section 282. The board shall be charged with the enforcement of sections 276 to 282, inclusive. If any person refuses to obey any decision of the board, the attorney general shall, upon request of the board, file a petition for the enforcement of such decision in equity in the superior court for Suffolk county or for the county in which the defendant resides or has a place of business. After due hearing, the court shall order the enforcement of such decision or any part thereof, if legally and properly made by the board.
SECTION 2. Chapter 13 of the General Laws, as so appearing, is hereby amended by inserting after Section 109 the following new section:-
Section 110. (a) There shall be a board of registration of commercial interior designers, herein after called the board, which shall consist of five members to be appointed by the governor, four of whom shall each have been engaged in the practice of interior design for a period of 10 or more years prior to their appointment, and shall be registered commercial interior designers, and one member of the general public. Members of the board shall be residents of the commonwealth.
(b) Each member of the board shall serve for a term of three years and until the governor appoints a successor. No member shall be appointed to more than two consecutive full terms. A member appointed for less than a full term may serve two full terms in addition to such part of a full term. A former member shall be eligible for appointment after a lapse of one year.
(c) A member may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after a written notice of the charges against them and an opportunity to be heard. Upon the death, resignation or removal for cause of any member of the board, the governor shall fill the vacancy for the remainder of that member's year.
(d) The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
(e) The board shall hold at least two regular meetings each year, and may hold special meetings as required. At the first regular meeting each year, the board shall organize and choose from its own members, a chairman, a vice chairman and a secretary. A quorum shall consist of three members.
(f) The board may make such rules or by-laws as it may deem necessary in the performance of its duties. The board shall have a seal, and its members may administer oaths in the performance of its duties. The board shall have power to summon witnesses and to take testimony and require proofs concerning all matters within its jurisdiction. The board shall annually file to the commissioner of the division of professional licensure a report of its proceedings, which shall include an itemized statement of all receipts and expenses of the board for the year.
SECTION 3. Section 45 of chapter 7C of the General Laws is hereby amended by striking out subsection (a) and inserting in place thereof the following:
Section 45. (a) There shall be located within the executive office for administration and finance a designer selection board consisting of 13 members. 10 members shall be appointed by the governor; 3 of whom shall be registered architects, or currently unregistered but with at least 10 years' experience as an architect registered by a national council of architectural registration boards member board or who may be architects emeritus; 3 of whom shall be certified interior designers with not less than 10 years of experience as a National Council for Interior Design Qualifications certified Massachusetts interior designer; 2 of whom shall be registered engineers or currently unregistered but with at least 10 years' experience as a registered engineer and none of whom shall have a record of disciplinary action; and 2 of whom shall be representatives of the public who are not architects, engineers or construction contractors. 1 member shall be appointed by the Massachusetts State Association of Architects who shall be a registered architect. 1 member shall be appointed by the government affairs council of design professionals who shall be a registered engineer. 1 member shall be appointed by Associated General Contractors of Massachusetts who shall be general contractor. No member shall have a record of disciplinary action. Members shall be appointed for terms of 2 years and may be reappointed for no more than 1 successive 2 year term. The director shall designate a representative, who shall be the project manager in the case of a project under the jurisdiction of the office of project management, to act as a nonvoting member of the board for each project under his jurisdiction under consideration by the board. No provision of this section shall operate to reduce the tenure of members of the board serving at the time of the effective date of this section.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act advancing clean energy, equity, and innovation within municipal utilities
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H3150
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HD131
| 193
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{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-10T11:39:58.423'}
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[{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-10T11:39:58.4233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T09:45:43.42'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-13T13:49:21.98'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-13T13:49:21.98'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-21T09:06:26.14'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-23T17:57:26.95'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-28T11:38:25.6166667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-14T13:59:56.55'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T13:17:05.8066667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-04-19T13:32:30.9433333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-04-20T12:07:16.1666667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-04-28T14:12:21.8'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-24T14:04:42.0166667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-09-08T12:32:18.0066667'}]
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Bill
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By Representative Cataldo of Concord, a petition (accompanied by bill, House, No. 3150) of Simon Cataldo and others relative to clean energy, equity, and innovation within municipal utilities. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 23J of the General Laws is hereby amended by adding the following section:-
Section 16. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Municipal Utility Equity and Innovation Fund to be administered by the center.
(b) The center shall make expenditures from the fund for the purpose of providing grants to support municipal utility projects that advance the deployment of clean energy, energy storage, building decarbonization, distribution capacity, integrated resource planning, the retirement of fossil fuel facilities or peak energy reduction.
(c) When deciding which projects will receive grants through this fund, the center shall prioritize projects that explicitly and directly benefit environmental justice populations, as defined in section 62 of chapter 30, low or moderate income housing, as defined in section 20 of chapter 40B or elderly housing, as defined in section 1 of chapter 19D.
(d) The center shall prioritize projects that advance new and innovative technologies, strategies and methods to equitably reduce emissions for grants through this fund.
(e) The center shall include the fund's activity in the annual report required by section 5. The center shall also annually, not later than October 1 and at least 30 days prior to the expenditure of any funds, submit a plan detailing the planned uses of funds in the upcoming calendar year with the joint committee on telecommunications, utilities and energy and the house and senate committees on ways and means. The center shall hold at least 1 public hearing to solicit stakeholder feedback in the development of this plan
(f) Fifty million dollars for the Municipal Utility Equity and Innovation Fund shall be fully incorporated in the general appropriations act not later than fiscal year 2024, subject to
appropriation. Any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
SECTION 2. Section 11F of chapter 25A of the General Laws, as amended by chapter 8 of the acts of 2021 and chapter 179 of the acts of 2022, is hereby further amended by striking out subsection (i) and inserting in place thereof the following 2 subsections:-
(i) A municipal lighting plant shall be exempt from the obligations under this section until December 31, 2029, so long as and insofar as it is exempt from the requirements to allow competitive choice of generation supply under section 47A of chapter 164. Beginning January 1, 2030, a municipal lighting plant shall meet the obligations set forth in this section.
(j) The center shall allocate $7,500,000 from the Municipal Utility Equity and Innovation Fund, subject to appropriation, to directly support qualifying municipal utilities in meeting the obligations set forth in this section by 2030. A qualifying municipal utility shall be a municipal utility that either: (i) has an annual load that is less than 20,000 megawatt hours; or (ii) serves municipalities with a median household income that is below the state’s average median household income.
SECTION 3. Section 17 of said chapter 25A, as amended by chapter 179 of the acts of 2022, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d) This section shall not apply to municipal lighting plants until the year 2030. Beginning January 1, 2030, a municipal lighting plant shall meet the obligations set forth in this section.
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An Act establishing a pathway to net zero buildings
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H3151
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HD136
| 193
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{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-10T13:10:29.243'}
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[{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-10T13:10:29.2433333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-21T09:06:13.34'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-07-26T09:40:43.0066667'}]
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Bill
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By Representative Cataldo of Concord, a petition (accompanied by bill, House, No. 3151) of Simon Cataldo and Danillo A. Sena relative to the definition of net-zero buildings and establishing a pathway to net zero for residential and commercial new construction and major renovations. Telecommunications, Utilities and Energy.
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SECTION 1. Clause (14) of section 6 of chapter 25A of the General Laws, inserted by section 31 of chapter 8 of the acts of 2021, is hereby amended by adding the following paragraph:-
The definition of net-zero building shall: (i) apply to both residential and commercial new construction and major renovation; (ii) be designed to ensure that the building is highly energy efficient with all remaining electrical and thermal energy needed for the building supplied by renewable sources generated onsite or through approved, offsite locations or a combination of onsite and offsite; and (iii) disallow combustion for primary heating and fossil fuel for all applications, with the exceptions of, if the department deems necessary, energy required to heat water in multi-unit dwellings and energy required for back-up generators. The definition of net-zero building shall include the requirement for electric vehicle-ready wiring for all building types. The department shall review and update the definition and exemptions every 3 years; and.
SECTION 2. Said section 6 of said chapter 25A, as amended by said section 31 of said chapter 8, is hereby further amended by adding the following clause:-
(15) The department shall review and update regulations adopted pursuant to this section in increments of not less than 3 years and in alignment with the same cycle as the base building energy code and International Energy Conservation Code. The department, in consultation with the board of building regulations and standards, shall hold annual hearings to review such updates including not less than 3 hearings held in environmental justice communities for each review or update cycle with appropriate and reasonable advance notice to said communities.
SECTION 3. Paragraph (o) of section 94 of chapter 143 of the General Laws, as amended by section 72 of chapter 8 of the acts of 2021, is hereby amended by adding the following paragraph:-
If the energy provisions of the state building code are not updated within 1 year of any revision to the International Energy Conservation Code, the board shall report on the status of approval of the integration of the latest International Energy Conservation Code into the commonwealth’s base building energy code and steps being taken to move towards expedient adoption. The board shall file the reports with the joint committee on telecommunications, utilities and energy, the joint committee on consumer protection and professional licensure and the clerks of the house of representatives and the senate not later than 30 days beyond the 1-year deadline described in this clause and again every 3 months until the International Energy Conservation Code provisions and any more stringent amendments are adopted.
SECTION 4. Said chapter 143 is hereby further amended by striking out section 95 and inserting in place thereof the following section:-
Section 95. The powers and duties of the board set forth in section 94 shall be exercised to effect the following general objectives:
(a) Uniform standards and requirements for construction and construction materials compatible with accepted standards of engineering and fire prevention practices, energy conservation, climate change mitigation and resilience, and public health and safety.
In the formulation of such standards and requirements, performance for the use intended shall be the test of acceptability in accordance with accredited testing standards. Such standards and requirements shall be exercised to meet statewide greenhouse gas emission limits and sub-limits established pursuant to chapter 21N.
(b) Adoption, without affecting the health, safety and security of the occupants or users of buildings, of modern technical methods, devices and improvements, which may reduce the cost of construction and maintenance over the life of the building, and avoid and mitigate the impacts of and damage from climate change.
(c) Elimination, without affecting the health, safety and security of the occupants or users of the buildings, of restrictive, obsolete, conflicting and unnecessary building regulations and requirements, which may over the life of the building: (i) increase the cost of construction and maintenance; (ii) increase the impacts of and damage from climate change; (iii) impede unnecessarily the use of new materials; or (iv) provide unwarranted preferential treatment of types of classes of materials, products or methods of construction.
SECTION 5. (a) The department of energy resources, in consultation with the board of building regulations and standards, shall submit a written report to the clerks of the house of representatives and the senate and the joint committee on telecommunications, utilities and energy not later than 1 year following the adoption of this act. The report shall include, but shall not be limited to, an analysis of the feasibility and timing for adopting the following: (i) taller mass timber buildings than current allowances; (ii) reduction of embodied carbon; (iii) carbon storage in building materials; (iv) low-carbon modular building systems; (v) smart grid technology; and (vi) healthy, non-toxic building materials.
(b) The report shall include recommendations for any legislation that may be required to adopt these or other innovations in the commonwealth.
SECTION 6. Notwithstanding any special or general law, rule or regulation to the contrary, not later than January 1, 2025, the department of energy resources shall incorporate the municipal opt-in specialized stretch energy code into the stretch energy code, supplanting it in appendix 115AA of the Massachusetts building energy code. Upon such incorporation, municipalities that previously adopted the opt-in specialized stretch energy code or the stretch energy code in appendix 115AA shall be part of the stretch energy code in appendix 115AA of the Massachusetts building energy code with no action required.
SECTION 7. Notwithstanding any special or general law, rule or regulation to the contrary, not later than January 1, 2028, the state board of building regulations and standards shall incorporate the provisions of the stretch energy code in appendix 115AA of the Massachusetts building energy code into the base energy provisions of the state building code adopted under section 93 of chapter 143 of the General Laws.
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An Act relative to double poles
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H3152
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HD1629
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-11T11:21:02.387'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-11T11:21:02.3866667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T11:51:22.9966667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-25T11:51:22.9966667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-06T10:00:39.2633333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-06-08T16:36:03.3466667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-06-23T12:32:59.0966667'}]
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 3152) of Tackey Chan and others relative to the use of double utility poles of distribution or telephone companies. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 34B, and inserting in place thereof the following new section:-
Section 34B. (a) A distribution company or telephone company engaging in the removal of an existing pole and the installation of a new pole in place thereof that does not complete the transfer of wires, all repairs, and the removal of the existing pole from the site within 180 days from the date of the installation of the new pole shall pay a fine to the municipality where the pole is located of $10 per day for the first 30 days following the expiration of the said 180 days; $20 per day for the following 30 days thereafter; $30 per day for the following 305 days thereafter; and $100 per day for the following days thereafter until the existing pole is removed; provided, however, that for any approved commercial or industrial construction project, the completion of which is expected to take longer than 1 year, said company shall be required to remove such pole within 12 months from the date of installation of the new pole.
(b) The owner of such pole shall notify all other users of the starting date of such removal and installation work at least 72 hours prior to the commencement of such work. Said owner may impose a fine upon the user who has not removed their wiring and other attachments when said failure to remove is responsible for the immediate delay in the removal of the existing pole. No fine shall be imposed when a the failure of a city or town to remove its police or fire alarm circuits or any similar municipal equipment is the cause of the immediate delay and no other work could be performed.
(c) A pole owner or user may petition the department or the department of telecommunications and cable for relief or exemption from any fines. Any fine imposed under this section shall not be recoverable through rates without approval by the department or the department of telecommunications and cable.
SECTION 2. Section 22D of chapter 166 of the General Laws, as so appearing, is hereby amended by inserting after the word “fine” in line 19 the following:- imposed by the municipality having jurisdiction in the area where work is to be performed.
SECTION 3. Section 22K of said chapter 166 is hereby amended by adding at the end thereof the following:- only with notification to the selectmen, councilors, aldermen or overseeing committee having jurisdiction within the city or town where the delay to work is being performed.
SECTION 4. Not later than January 1, 2025, the department of public utilities, in consultation with the department of telecommunications and cable, shall adopt regulations for the implementation of section 34B of chapter 164 of the General Laws.
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An Act increasing service quality penalty against electric and gas companies
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H3153
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HD1656
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-13T15:07:53.593'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-13T15:07:53.5933333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-03-09T09:32:41.0933333'}]
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 3153) of Tackey Chan and Peter Capano for legislation to increase fines levied against utility companies for failing to meet service quality standards. Telecommunications, Utilities and Energy.
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SECTION 1. Section 1I of chapter 164 of the General Laws is hereby amended by striking out, in line 9, the figure “2.5” and inserting in place thereof the following figure:- “5”.
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An Act relative to energy efficiency education
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H3154
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HD1689
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-17T14:31:07.663'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-17T14:31:07.68'}]
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 3154) of Tackey Chan for legislation to establish a program within the Department of Public Utilities to educate commercial building managers and operators relative to energy efficiency. Telecommunications, Utilities and Energy.
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SECTION 1.Subsection (b)(2) of section 21 of chapter 25 of the General Laws as appearing in the 2020 Official Edition is hereby amended by inserting after the word “benefit.” in line 70 the following words:-
The plan must include programs for in-depth education and training to be offered statewide to commercial building managers and operators, whether such buildings are privately owned or owned by a non-profit organization, and the programs shall educate and train such managers about how to economically achieve greater energy efficiency and reduced energy use, whether such use is electricity, natural gas or heating oil, and may include, but not be limited to, best energy use and efficiency practices, use of new technologies, use of metering, tracking, and monitoring energy use, and economic analysis of reduced energy use. Such education and training sessions may be offered both in person and on-line using and shall include interactive teaching methods, case studies, and subject matter experts. This required education and training component of the plan shall consider using existing training programs offered by the Association of Energy Engineers, the Building Operators Certificate Program, the Building Owners and Managers Institute, or other similar programs, and shall be approved by a five member advisory committee made up of two building operators or building managers named by the Greater Boston Real Estate Board, two members who are energy efficiency experts named jointly by the electric and natural gas distribution companies, and one member named by the Greater Boston Real Estate Board who shall be the chair. The companies shall every six months report to the committee on the utilization of the education and training programs and attendee feedback on the value of the programs. The cost of such training shall be split between the attendees and the distribution companies, with the distribution companies using monies from energy efficiency funding, and attendees at the education and training sessions who shall pay no more than 30 percent of the costs. The plan shall include tuition reimbursement for education and training programs for building operators and engineers that are approved by the committee.
SECTION 2. Section 1 shall take effect immediately and the education and training sessions required in the plans that are required by section 1 shall begin to be offered no later than September 1, 2025.
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An Act modernizing competitive energy supply
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H3155
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HD2840
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T13:54:12.147'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T13:54:12.1466667'}]
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 3155) of Tackey Chan relative to competitive energy supply. Telecommunications, Utilities and Energy.
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SECTION 1. Section 1 of chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following definition:-
“energy marketer” any person, firm, partnership, association or private corporation that markets, advertises, or otherwise offers to sell generation service to retail customers that is acting as an agent for a supplier.
SECTION 2. Section 1D of chapter 164 of the General Laws, as so appearing, is hereby amended by inserting, before the word “Beginning” in line 1, the following:- (i)
SECTION 3. Said section 1D of said chapter 164 of the General Laws, as so appearing, is hereby further amended by adding at the end thereof the following 2 new subsections:-
(ii) Distribution companies shall implement accelerated switching such that electric customers to change electric suppliers within 3 business days of receiving the enrollment transaction. Residential and small commercial customers moving within a distribution company’s territory shall have their competitive supplier of energy transferred directly to their new service location without being required to switch to an interim rate provided by the distribution company or other supplier.
(iii) Not later than 6 months after March 1, 2022, in order to further promote customer choice and convenience in a restructured electricity and gas market, the department shall commence a proceeding to implement enhancements to the distribution companies systems to facilitate the ability for retail electric suppliers to send bills to retail customers pursuant to a single bill format from the retail electric supplier company that shows both energy-related charges and distribution-related charges; provided, however, that all bills shall contain information concerning the quantity of gas or electricity consumed by said customer during the same billing period for the previous year as provided by the distribution company. The department is hereby authorized and directed to determine whether any additional information shall be required to be disclosed on the bills and to promulgate rules and regulations to implement the provisions of this subsection.
For retail electric suppliers who have chosen, and been approved by the department, to provide consolidated bills pursuant to this subsection (iii), the retail electric supplier shall make timely payments to distribution companies in accordance with this paragraph. The retail electric supplier shall: (a) bill its customers receiving a single consolidated bill from the supplier for the distribution charges; (b) pay such distribution companies the full amounts due from customers for distribution services in a time period consistent with the average payment period of the participating class of customer, less a percentage of amounts that reflects the average of the uncollectible bills for the participating customer classes of the retail electric company. The department shall conduct a review of the consolidated billing program every three years to adopt rules with respect to the recovery of uncollectable expense.
SECTION 4. Section 1F of said chapter 164 of the General Laws, as so appearing, is hereby amended by striking out subparagraph (iii) of paragraph (1), and inserting in place thereof the following 3 subparagraphs:-
(iii) All energy brokers, energy marketers, and other suppliers seeking to do business in the commonwealth shall submit a license application to the department, subject to rules and regulations promulgated by the department and subject to a fee, the amount to be determined by the department; provided, said amount shall not be less than $10,000. Each energy marketer or other supplier that applies for a retail license shall execute and maintain a bond issued by a qualifying surety or insurance company authorized to transact business in the commonwealth of Massachusetts in favor of the commonwealth. The amount of the bond shall equal $5,000,000 per retail license as issued by the department. The bond shall be conditioned upon the full and faithful performance of all duties and obligations of the applicant as a retail supplier and shall be valid for a period of not less than 1 year. The cost of the bond shall be paid by the applicant. The applicant shall file a copy of this bond, with a notarized verification page from the issuer, as part of its application for certification.
(iv) Any third-party who contracts with or is otherwise directly engaged and compensated by a supplier to sell electric generation services, or contracts with and is directly compensated by a third-party marketer of the supplier to sell electric generation services on behalf of a supplier, shall be a legal agent of the supplier. No third-party may sell electric generation services on behalf of a supplier unless such third party has received appropriate training directly from such supplier. This subparagraph (iv) shall not apply to third-party Electricity Brokers as defined under 220 CMR 11.02, or consultants or agents acting on behalf of customers that are compensated by the customer as part of the customer’s electric contract price.
(v) The department shall develop a training and educational program for any entity or individual that is licensed by the department under this section as a competitive supplier. The department shall develop the program in consultation with interested stakeholders, including competitive suppliers. The program shall require that a designated representative of each licensed competitive supplier demonstrate a thorough understanding of the department’s regulations regarding sales, consumer protection and any other matter the department deems appropriate though an online training program. At the conclusion of the training, the department shall conduct an online examination and, on a satisfactory score, certify that the designated representative of the licensed competitive supplier has successfully completed the training. The department shall determine the schedule and frequency by which a designated representative of a licensed competitive supplier must complete the training and certification. The department may not issue a license to a new competitive supplier until a designated representative of the new competitive supplier completes the training and certification. The department may adopt regulations that include appropriate penalties for failure to comply with this subparagraph. The department shall use the assessments collected in accordance with paragraph (13) for the initial development of the training and educational program. The department may establish reasonable fees as authorized to fund the training and educational program.
SECTION 5. Said section 1F of said chapter 164 of the General Laws, as so appearing, is hereby further amended by adding after subparagraph (ix) of paragraph (8)(a), the following new subparagraph:-
(x) Energy brokers, energy marketers, or other suppliers that market and sell to residential customers using in-person or door-to-door marketing practices, must use a third-party verification process as defined in subparagraph (iii), above. Energy brokers, marketers, or other suppliers that market using in-person or door-to-door marketing shall track the phone numbers used for third-party verifications. Third-party verifications used in conjunction with in-person or door-to-door marketing practices are prohibited from using non-fixed voice over internet protocols or phone numbers that cannot otherwise be affiliated with said third-party. Any in-person or door-to-door agent who initiates a sale shall not consummate a sale and shall terminate the interaction if the individual is unable to understand or communicate in the language in which the marketing or solicitation is being conducted.
SECTION 6. Subsection (8) of said section 1F of said chapter 164 of the General Laws, as so appearing, is hereby amended by striking in paragraph (b) the words “30 days” and inserting in place thereof the following:- two years.
SECTION 7. Said subsection (8) of said section 1F of said chapter 164 is hereby further amended in paragraph (d) by striking out the figure “$3,000”, and inserting in place thereof the following:- $5,000.
SECTION 8. Said section 1F of said chapter 164 of the General Laws, as amended by section 78 of chapter 8 of the acts of 2021, is hereby further amended by adding at the end thereof the following 3 new paragraphs:-
(11) For energy brokers, energy marketers, or other suppliers that market to customers using in-person or door-to-door marketing, each agent representing the broker, marketer, or supplier shall wear an identification badge which is visible at all times during the encounter and accurately identifies: (i) such agent’s first name and unique agent identification number; (ii) the energy broker, energy marketer, or supplier that such agent works for; (iii) the company trade name or D/B/A, if different from the energy broker, energy marketer, or supplier name; (iv) the agent’s photograph; and (v) the customer service phone number of the energy broker, energy marketer, or supplier.
(12) For energy brokers, energy marketers, or other suppliers that market to customers using telephone solicitations, each broker, marketer, or supplier agent who initiates a call or who receives an incoming call shall not consummate a sale and shall terminate the interaction if the individual is unable to understand or communicate in the language in which the marketing or solicitation is being conducted.
(13) The department shall establish an office of retail market oversight, herein after referred to as the “office”, to be funded by: the fee established in subparagraph (iii) of paragraph (1) and; an annual assessment of retail suppliers and brokers based on a formula to be determined by the department not to exceed $10,000 annually per licensed entity. The office shall have the power to actively seek input from all interested parties and to develop a thorough understanding and critical analyses of the tools and techniques used to promote retail energy competition in other states. The office shall monitor existing competitive conditions in the commonwealth, identify barriers to retail competition for all customer classes, and actively explore and propose to the department solutions to overcome identified barriers and enhance retail competition. The office shall, in coordination with the office of ratepayer advocacy established in section 11E of chapter 12, publish on a quarterly basis the number of complaints filed against each supplier, and other information deemed relevant by the office. The office shall have the authority to address violations by suppliers through the imposition of a probationary status which may include, but not be limited to, enhanced oversight, additional reporting requirements, and submission for department approval of a plan for any fines or remediation to customers specific to any supplier that violates regulations or any rules subject to this chapter. The office shall report to the department any recommendations for suspension or revocation of a license.
SECTION 9. Chapter 164 of the General Laws, as so appearing, is hereby amended by inserting after section 1K the following section:-
Section 1L. (a) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:-
“low-income customer,” a retail customer in the commonwealth who is on a residential low-income discount distribution rate as set forth in subsection (4) of section 1F, or participates in a low-income energy assistance program, including, but not limited to, the Low-Income Home Energy Affordability Program or “LIHEAP”.
“residential retail customer,” a retail customer in the commonwealth who is on a residential distribution rate.
(b) Effective January 1, 2023, no supplier shall execute a new contract or renew an existing contract for generation services with any low-income customer. The department shall establish a competitive procurement process for the supply of retail electric service for low-income customers in each utility service territory. The process shall be a retail auction with oversight by the department. The department shall open a proceeding to establish rules for implementing this section within 90 days of the effective days of this act.
(c) As a condition of licensure, or any licensure renewal as of July 1, 2023, under subsection 1 of section 1F of chapter 164, each supplier shall:
(1) not extend a supply agreement with a residential retail customer beyond the agreement’s stated term without providing at least two notices prior to the end of the supply agreement’s stated term;
(2) not charge a termination or early cancellation fee of a contract to a residential retail customer; provided, however, this provision shall not apply to charges or fees for devices, equipment, or other non-commodity services;
(3) not make a material change in the terms or duration of any individual residential contract for the provision of electric generation services by a supplier without providing two disclosure notices to the customer and the options available to the customer ahead of the proposed change;
(4) no less than quarterly, provide to the department: (i) a list detailing each rate the supplier charged to residential retail customers in the last quarter; and (ii) the number of low-income and non-low-income residential retail customers charged each rate included in such list by rate class. The department shall require that suppliers publish at least one publicly available rate from each supplier on the department’s website; and
(5) no less than annually, provide data to the department concerning any renewable energy certificates retired in connection with the generation service provided to individual residential retail customers. Such data shall include the geographic location and fuel type of each such renewable energy certificate, whether each certificate is RPS Class I eligible, pursuant to section 11F of chapter 25A, and the percentage of the supply purchased from Class I generation in excess of the supplier’s annual Class I obligation. The department shall publish this information from each supplier on its website.
(d) No license may be transferred without prior approval by the department. No customer may be assigned or transferred without prior notice to the department. Notice of such customer assignment or customer transfer shall be provided to the department at least thirty days prior to the effective date of the assignment or transfer of a customer from one supplier to another supplier. The department may, upon its review of such notice, require certain conditions or deny assignment or transfer of such customer.
(e) Any violation of the conditions of licensure enumerated in this section shall be penalized pursuant to subsection (7) of section 1F, at no less than $10,000 per violation per day. In addition, the attorney general is hereby authorized to bring an action under section 4 of chapter 93A to enforce the consumer protection provisions of this section and to obtain restitution, civil penalties, injunctive relief and any other relief awarded pursuant to said chapter 93A. Impersonating an employee of a distribution company or misrepresenting the business relationship between the supplier and the distribution company shall be punishable by a fine of not less than $10,000 per incident, in addition to any other remedies that may be otherwise applicable under this chapter or chapter 93A.
(f) No less than quarterly, the department shall publish each supplier’s and electric and gas distribution companies’ complaint data, sourced from complaints made to the department as well as those made to the attorney general, as provided to the department annually, on the department’s website. Such complaint data shall be and shall include, but not be limited to, the total number of complaints received regarding the supplier and verified by the department or the attorney general, the number of complaints received for misleading or false marketing, the number of complaints for unauthorized switching, the number of complaints for Do Not Call list violations, and the number of complaints for aggressive marketing. Complaints shall be represented as a proportion of customers served.
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An Act relative to municipal authority in public rights of way
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H3156
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HD2080
| 193
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{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-17T09:12:47.69'}
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[{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-17T09:12:47.69'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-20T09:23:39.1666667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-11T11:21:23.59'}]
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Bill
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By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 3156) of Michelle L. Ciccolo and Michelle M. DuBois relative to authorizing municipalities to relocate certain utility poles, wires or attachments. Telecommunications, Utilities and Energy.
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Section 1. Section 34B of chapter 164 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding at the end thereof the following:-
In the event that a utility company does not move a utility pole, wire or attachment within the required 90 days or the agreed upon timeframe, municipalities may move, relocate or remove utility poles, wires or attachments, or arrange for another party to move, relocate or remove utility poles, wires and attachments. Municipalities may charge the utility company a reasonable fee for non-performance.
Municipalities may adopt bylaws and ordinances relating to (a) the imposition of fees or fines on utility companies that operate in the public right of way, (b) the assessment of taxes on utility companies that operate in the public right of way, (c) the licensing and permitting of utility companies that operate in the public right of way.
SECTION 2. Notwithstanding any special or general law to the contrary, municipalities and public utilities shall have the right to purchase utility poles from investor-owned utilities at a price that takes into account the depreciation in value of the utility poles.
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An Act to restore the environmental fund with unclaimed bottle deposits
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H3157
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HD2343
| 193
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{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-17T09:05:37.963'}
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[{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-17T09:05:37.9633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-08T09:05:55.5166667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-08T09:05:55.5166667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-16T14:46:35.0333333'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-04-10T11:10:19.95'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-06-27T19:03:12.1633333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T15:43:10.5833333'}]
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Bill
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By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 3157) of Michelle L. Ciccolo, Lindsay N. Sabadosa and Brian W. Murray for legislation to restore the clean environmental fund using revenue from unclaimed bottle deposits. Telecommunications, Utilities and Energy.
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SECTION 1. Section 323D of chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 8, the words “section three hundred and twenty-three F” and inserting in place thereof the following words:- section 323G.
SECTION 2. Said chapter 94 of the General Laws, as so appearing, is hereby amended by inserting after section 323E the following section:-
Section 323G. (a) There shall be established on the books of the commonwealth a separate fund to be known as the Clean Environment Fund. Amounts deposited in said fund shall be used, subject to appropriation, solely for programs and projects in the management of solid waste, environmental protection, and climate change mitigation; provided, however, that no funds shall be used for costs associated with incineration.
(b) Not less than forty percent of amounts deposited in the Fund shall be used for recycling, composting and solid waste source reduction projects and programs.
(c) Not less than an additional twenty percent of amounts deposited in the Fund shall be used for recycling and other solid waste projects and programs.
(d) Not more than forty percent of amounts deposited in the fund shall be used for other environmental programs consistent with the purposes of the “bottle bill”, so-called.
SECTION 3. Section 326 of said chapter 94, as so appearing, is hereby amended by striking out, in line 4, the words “three hundred and twenty-three F” and inserting in place thereof the following words:- section 323G.”
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An Act establishing the municipal utility corridor public access program
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H3158
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HD3161
| 193
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{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-19T19:33:33.873'}
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[{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-19T19:33:33.8733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-16T14:46:14.17'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-04-10T11:09:55.2933333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-06-22T16:36:27.1533333'}]
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Bill
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By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 3158) of Michelle L. Ciccolo that the Department of Public Utilities establish a municipal utility corridor public access program. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 25 of the General Laws is hereby amended by inserting after section 23 the following section:-
Section 24. (a) The Department of Public Utilities shall establish a municipal utility corridor public access program. The program shall establish a process for a municipality to enter into an agreement with an electric company, distribution company, generation company, transmission company, or private railroad company that uses land or rights of way as a transportation or utility corridor or for transmission service in said municipality, to permit public access for transportation and recreational purposes without imposing a charge or fee.
(b) The agreement shall include the type of uses that will be allowed, the party responsible for trail construction and maintenance, roles and responsibilities of municipalities, and other matters related to public access.
(c) In accordance with section 17c of chapter 21, an electric company, distribution company, generation company, private railroad company, or transmission company shall not be liable for personal injuries or property damage sustained by members of the public.
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An Act relative to electric utility climate resilience and microgrids
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H3159
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HD3207
| 193
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{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-18T21:44:20.21'}
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[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-18T21:44:20.21'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-27T09:00:04.82'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-06-14T14:42:09.87'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-03T11:36:21.77'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-04-11T13:43:32.05'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T17:02:06.1133333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-10-13T14:15:57.9433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-30T10:16:58.33'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-04T11:36:28.1533333'}]
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Bill
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By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 3159) of Dylan A. Fernandes, Patrick Joseph Kearney and Simon Cataldo relative to electric utility climate resilience and microgrids. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 25 of the General Laws is hereby amended by inserting after Section 23 the following section:
Section 24. (a) The department of public utilities shall require electric distribution and transmission companies to prepare and file a climate vulnerability and resilience plan by December 31, 2024, and at least once every five years thereafter based on best available data. Climate vulnerability and resilience plans shall both identify existing vulnerabilities in the system that must be adapted to climate change-induced threats as well as plan proactively for future climate conditions to ensure the system can absorb and withstand impacts. Climate vulnerability and resilience plans shall prioritize, to the maximum extent practicable, adaptation measures that (i) promote the preservation, protection, restoration, and enhancement of the commonwealth’s natural infrastructure through nature-based solutions, as defined in section 1 of chapter 21N, and (ii) account for the existing natural, built and economic characteristics of the commonwealth’s most vulnerable areas and human populations. Adaptation measures that include the use of hard-engineered, hardscape, or gray infrastructure features shall be supported by evidence that the measures will not cause or exacerbate negative environmental impacts and that alternative green or green and gray hybrid solutions are not feasible.
(b) Climate vulnerability and resilience plans shall include, at a minimum, (i) an evaluation of the climate science and projected extreme weather and other climate-related risks for the service territory including changes in temperature extremes, humidity, precipitation, sea level rise, and extreme storms, (ii) an evaluation and risk assessment of potential impacts of climate change on existing operation, planning, and physical assets, including any design and construction standards or maintenance and operations practices that require changes to address current and future climate conditions as it relates to reliability and resilience of the grid, (iii) an evaluation of the vulnerability of existing infrastructure based on location and whether and when certain facilities may require retrofitting or relocation, (iv) identification and prioritization of adaptation options to increase asset and system-wide resilience over time, (v) an evaluation of costs and benefits against a range of possible future scenarios and adaptation options, and (vi) an implementation timeline, including benchmarks over time, for making changes in line with the findings of the study such as modifying design and construction standards, modifying operations and planning processes, and upgrades to existing infrastructure to ensure reliability and resilience of the grid.
(c) Climate vulnerability and resilience plans shall be prepared in collaboration with communities most impacted by the effects of climate change within the company’s service area, including environmental justice populations, as defined in section 30 of chapter 62, and shall include a community engagement plan that includes, at a minimum, (i) identification and description of any environmental justice populations in the service area, and any community based environmental justice organizations in the service area, (ii) outreach goals and targets, including at least two public meetings planned in collaboration with representatives from identified environmental justice populations and community based organizations, (iii) assessment of past engagement goals shortfalls or deficiencies, and updates and remedies to ensure shortfalls or deficiencies are not repeated.
(d) The department of public utilities shall require, in any ratemaking proceeding pursuant to sections seventy-six, ninety-three, and ninety-four of chapter one hundred and sixty-four, that electric companies identify in priority order the climate risks to its facilities that will arise over the projected useful life of such facilities or thirty years, whichever is greater, in accordance with climate vulnerability and resilience plans as required by subsection (a). The companies shall present evidence documenting their evaluation of climate risks and measures addressing such climate risks based on the best available climate science, data and other evidence in the record before the agency and shall identify how their operating and capital budgets address such climate risks. The companies shall also (i) consider and present evidence addressing likely climate change risks scenarios for its utility infrastructure in relation to the infrastructure’s criticality and risk tolerance, and (ii) disclose in all design engineering, architectural, or other drawings and analyses the climate assumptions used in evaluating and addressing climate risks.
(e) In adjudicating ratemaking proceedings pursuant to sections seventy-six, ninety-three, and ninety-four of chapter one hundred and sixty-four, the department of public utilities shall determine whether the applicant’s costs proposed or incurred for capital investment projects include consideration and minimization of climate risks for the useful life of the proposed investment or thirty years, whichever is greater. In considering climate risks, the department of public utilities shall consult the most recent climate vulnerability and resilience plan on file for the applicant and projected climate change risk based on best available data. The department of public utilities may take into consideration whether the applicant has made progress in implementing its climate vulnerability and resilience plan and whether the applicant’s costs proposed or incurred for capital investment projects are consistent with the plan. The department of public utilities shall conclude in writing that the applicant’s costs are appropriate based on the risk tolerance of the project or facility. Any electric company failing to file its climate vulnerability and resilience plan may be fined $500 for each day during which such failure continues. The fines levied by the department shall be returned to ratepayers through distribution rates.
(f) The department of public utilities shall promulgate such rules and regulations as are necessary to promptly and effectively enforce the provisions of section twenty-four.”
SECTION 2. Subsection (a) of section 85B of chapter 164 of the General Laws is hereby amended by striking out paragraphs (7) and (8) and inserting in place thereof the following:
(7) identification of additional supplies and equipment needed during an emergency and the means of obtaining additional supplies and equipment;
(8) designation of a call center in the commonwealth for service assistance for the duration of an emergency or until full service is restored, whichever occurs first. The call center shall be staffed continuously for the duration of the emergency and to ensure sufficient staffing levels to handle all customer calls; and
(9) a description of how the company is implementing its climate vulnerability and resilience plan in its response to emergency events and in its efforts to minimize the effects of extreme weather on the company’s infrastructure and operations, including disruptions to service.
SECTION 3. Chapter 164 of the General Laws is hereby amended with the addition of a new Section following Section 1K:
Section 1L. Distributed energy services; Microgrid operations
For the purposes of climate resiliency and mitigation, reliability, and encouragement of installation of distributed electricity generation and storage capacity, no right to exclusive service or franchise established within Section 1B or elsewhere in this chapter shall prevent a municipality, or agencies of the Commonwealth or private electric customers in coordination with a municipality, within an electric or gas company’s service territory, from:
(a) establishing an energy microgrid or district energy system;
(b) sharing electric generation or storage resources among facilities that are contiguous and owned by the same utility customer, irrespective of the number of electric meters installed at such facilities; or
(c) using public rights of way to conduct electrical conduit or other energy resources point to point where the municipality deems there is benefit from sharing energy resources.
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