HOUSE . . . . . . . No. 4460
The Commonwealth of Massachusetts
______________________________________
HOUSE OF REPRESENTATIVES, March 5, 2024.
The committee on Ways and Means, to whom was referred the message
from Her Excellency the Governor submitting requests for making
appropriations for the fiscal year 2024 to provide for supplementing certain
existing appropriations and for certain other activities and projects (House,
No. 4284) reports, in part, recommending that the accompanying bill
(House, No. 4460) ought to pass [Total Appropriation: $260,000,000.00]
[Representatives Berthiaume of Spencer, Sullivan-Almeida of Abington,
and Xiarhos of Barnstable dissent].
For the committee,
AARON MICHLEWITZ. 1 of 26
FILED ON: 3/5/2024
HOUSE . . . . . . . . . . . . . . . No. 4460
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act making appropriations for the fiscal year 2024 to provide for supplementing certain
existing appropriations and for certain other activities and projects.
Whereas, The deferred operation of this act would tend to defeat its purposes, which are
to make supplemental appropriations for fiscal year 2024 and to make certain changes in law,
each of which is immediately necessary to carry out those appropriations or to accomplish other
important public purposes, therefore it is hereby declared to be an emergency law, necessary for
the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. To provide for supplementing certain items in the general appropriation act
2and other appropriation acts for fiscal year 2024, the sums set forth in section 2 are hereby
3appropriated from the General Fund or the Transitional Escrow Fund established in section 16 of
4chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, unless
5specifically designated otherwise in this act or in those appropriation acts, for the several
6purposes and subject to the conditions specified in this act or in those appropriation acts and
7subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30,
82024. These sums shall be in addition to any amounts previously appropriated and made
9available for the purposes of those items. Except as otherwise provided, these sums shall be
10made available through the fiscal year ending June 30, 2025. 2 of 26
11 SECTION 2.
12 OFFICE OF THE COMPTROLLER
13 Comptroller
14 1599-3384Settlements and Judgments……………………………………$15,000,000
15 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to
16provide for an alteration of purpose for current appropriations and to meet certain requirements
17of law, the sums set forth in this section are hereby appropriated from the General Fund or the
18Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended
19by section 4 of chapter 98 of the acts of 2022, unless specifically designated otherwise in this
20section, for the several purposes and subject to the conditions specified in this section and subject
21to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2024.
22Except as otherwise provided, these sums shall be made available through the fiscal year ending
23June 30, 2025.
24 1599-1213For a reserve to support the commonwealth’s response to the ongoing
25humanitarian crisis and influx of families seeking shelter; provided, that funds shall be expended
26for the emergency housing assistance program to support shelters and services pursuant to
27section 30 of chapter 23B of the General Laws; provided further, that not less than $10,000,000
28shall be expended on an approved training program, as defined by section 30 of chapter 23B of
29the General Laws, as inserted by section 3, to provide skills and resources for individuals and
30families in the emergency housing assistance program or in overflow emergency shelter sites;
31provided further, that not less than $3,000,000 shall be expended for family welcome centers;
32provided further, that not less than $1,000,000 shall be expended for supplemental staffing at 3 of 26
33emergency housing assistance program shelters; provided further, that not less than $1,000,000
34shall be expended for resettlement agencies; provided further, that funds shall be expended for
35early education programs providing comprehensive services to homeless children and families
36residing in the emergency housing assistance program, including, but not limited to, services for:
37(i) early education; (ii) health; (iii) mental health; (iv) nutrition; and (v) family education and
38resources; provided further, that said funds shall include, but shall not be limited to, costs
39associated with translation services, transportation and coordination of services; provided further,
40that the secretary of administration and finance shall notify the house and senate committees on
41ways and means not less than 14 days prior to any transfer of funds from this item; and provided
42further, that any reporting requirements for this item shall be in addition to the reporting required
43pursuant to: (i) item 1599-0514 of section 2A of chapter 77 of the acts of 2023; and (ii) sections
4414 and 16 of this act…...……………………………………………………………..$245,000,000
45 Transitional Escrow Fund……100%
46 SECTION 3. Section 30 of chapter 23B of the General Laws, as amended by sections 120
47and 121 of chapter 7 of the acts of 2023, is hereby further amended by adding the following
48paragraph:-
49 (G)(1) For the purposes of this paragraph, the following words shall, unless the context
50clearly requires otherwise, have the following meanings:
51 “Approved training program”, an existing training program the secretary of
52administration and finance, in consultation with the secretary of labor and workforce
53development, deems sufficient to provide skills and resources to individuals in the emergency
54housing assistance program including, but not limited to: (i) workforce and career technical skills 4 of 26
55training, pursuant to item 1599-2037 of section 2A of chapter 102 of the acts of 2021; (ii) high-
56demand workforce training programs, pursuant to item 1599-2041 of said section 2A of said
57chapter 102; (iii) the manufacturing pilot program, established pursuant to item 7002-0020 of
58section 2 of chapter 28 of the acts of 2023; (iv) the Learn to Earn Initiative program, established
59pursuant to item 7002-1080 of said section 2 of said chapter 28; (v) 1199 SEIU training, pursuant
60to item 7003-0608 of said section 2 of said chapter 28; (vi) Massachusetts AFL-CIO Workforce
61Development Programs, Inc., pursuant to item 7003-1207 of said section 2 of said chapter 28;
62and (vii) shelter workforce development initiative, pursuant to item 7004-0109 of said section 2
63of said chapter 28; provided, that the approved training program shall be available to individuals
64in non-state-funded overflow emergency shelter sites and state-funded overflow emergency
65shelter sites.
66 “Authorized training program”, as defined in paragraph (1) of subsection (dd) of section
676 of chapter 62.
68 “Non-state-funded overflow emergency shelter site”, any overflow site that is funded
69through a nonprofit or other non-state entity for eligible families that have been waitlisted for
70placement at an emergency shelter as a result of the emergency housing assistance program
71reaching capacity at 7,500 families, as identified in the Emergency Assistance Family Shelter
72declaration issued by the secretary of housing and livable communities on October 31, 2023, and
73the extension of the declaration dated February 28, 2024, and any subsequent extensions,
74pursuant to 760 CMR 67.10, as inserted by emergency regulations issued by the executive office
75of housing and livable communities on October 31, 2023, and accompanying guidance issued
76pursuant to said declaration and 760 CMR 67.10. 5 of 26
77 “State-funded overflow emergency shelter site”, any state-funded overflow site,
78including, but not limited to, any site funded under item 1599-0514 of section 2 of chapter 77 of
79the acts of 2023, for eligible families that have been waitlisted for placement at an emergency
80shelter as a result of the emergency housing assistance program reaching capacity at 7,500
81families, as identified in the Emergency Assistance Family Shelter declaration issued by the
82secretary of housing and livable communities on October 31, 2023, and the extension of the
83declaration dated February 28, 2024, and any subsequent extensions, pursuant to 760 CMR
8467.10, as inserted by emergency regulations issued by the executive office of housing and livable
85communities on October 31, 2023, and accompanying guidance issued pursuant to said
86declaration and 760 CMR 67.10.
87 (2) A family with children or a pregnant woman with no other children that receives
88benefits through the emergency housing assistance program as of April 1, 2024, or thereafter,
89shall remain eligible for the program for not more than 9 consecutive months; provided,
90however, that such families shall be eligible for the program for not more than 12 consecutive
91months if eligible individuals in the family are: (i) employed; or (ii) participating in an: (A)
92authorized training program; or (B) approved training program; provided further, that the
93executive office shall promulgate regulations or guidance for eligibility which shall: (i) establish
94procedures for the termination of benefits pursuant to this paragraph; and (ii) allow a family with
95children or a pregnant woman with no other children to reapply for the emergency housing
96assistance program; provided further, that eligibility determinations when reapplying for the
97program shall be consistent with the guidance issued by the secretary of housing and livable
98communities on October 31, 2023, entitled “Emergency Assistance Program Guidance on
99Waitlist and Prioritization Procedures pursuant to Capacity Declaration dated October 31, 2023” 6 of 26
100pursuant to 760 CMR 67.10, as inserted by emergency regulations issued by the executive office
101of housing and livable communities on October 31, 2023.
102 (3) Notwithstanding paragraph (2), a family or a pregnant woman with no other children
103that receives benefits through the emergency housing assistance program as of April 1, 2024, or
104thereafter, shall remain eligible for the program for not more than 12 consecutive months if
105eligible for, but unable to participate in, an authorized training program or an approved training
106program or unable to obtain employment due to factors including, but not limited to: (i)
107pregnancy; (ii) a diagnosed disability or documented medical condition; (iii) being a single
108parent caring for a disabled child or family member; (iv) being a single parent caring for a child
109or children with no childcare; or (v) satisfying any additional criteria the secretary of housing
110and livable communities deems necessary pursuant to said guidance in paragraph (2) issued by
111the secretary of housing and livable communities on October 31, 2023. The executive office shall
112promulgate regulations or guidance for implementation of this paragraph.
113 (4) The executive office shall provide a physical copy of written information to families
114with children and pregnant women receiving benefits through the emergency housing assistance
115program in the form of printed handouts which shall include, but shall not be limited to,
116information about: (i) authorized training programs; (ii) approved training programs; (iii) food
117resources, including food pantries; (iv) services offered by resettlement agencies; (v) other
118housing programs; and (vi) other nonprofit or available resources the executive office deems
119necessary. All written information shall be translated into multiple languages and shall be
120available on the executive office’s website. 7 of 26
121 SECTION 4. Paragraph (G) of said section 30 of said chapter 23B, as inserted by section
1223, is hereby repealed.
123 SECTION 5. Chapter 40A of the General Laws is hereby amended by inserting after
124section 3A the following section:-
125 Section 3B. (a) As used in this section, the following words shall, unless the context
126clearly requires otherwise, have the following meanings:
127 “Commission”, the alcoholic beverages control commission, established by section 70 of
128chapter 10.
129 “Outdoor table service”, restaurant service that includes food prepared on-site and under
130a food establishment permit issued by a municipal authority pursuant to 105 CMR 590.00 that is
131served to seated diners outside the restaurant building envelope, whether on a sidewalk, patio,
132deck, lawn, parking area or other outdoor space.
133 (b) Notwithstanding the provisions of this chapter, any special permit, variance or other
134approval issued thereunder or any general or special law to the contrary, a city or town may
135approve a request for expansion of outdoor table service, including in the description of the
136licensed premises as described in subsection (c), or an extension of an earlier granted approval.
137Before such approval, the mayor, board of selectmen, select board or other chief executive
138officer, as established by charter or special act, shall establish the process for approving such
139requests. Such process shall not be required to comply with the notice and publication provisions
140of section 11. An approval under this section may be exercised immediately upon filing of notice
141thereof with the city or town clerk, without complying with any otherwise applicable recording
142or certification requirements. 8 of 26
143 (c) Pursuant to subsection (b), a local licensing authority may grant approval for a change
144in the description of the licensed premises for the purpose of permitting outdoor alcohol service
145as the local licensing authority deems reasonable and proper and may issue an amended license
146to existing license holders, without further review or approval from the commission prior to
147issuance. Upon approval of an amended license, the local licensing authority shall provide notice
148of the amended license to the commission. Nothing in this section shall prevent the commission
149from exercising the commission’s enforcement authority over an amended license.
150 (d) Before approving any request to extend an earlier granted approval, a city, town or
151local licensing authority may modify the scope of the approval as the city, town or local
152licensing authority deems proper and appropriate including, but not limited to, modifying the
153terms of an earlier granted approval to address potential issues with snow removal, pedestrian
154traffic or similar concerns.
155 SECTION 6. Section 6 of chapter 62 of the General Laws, as appearing in the 2022
156Official Edition, is hereby amended by adding the following subsection:-
157 (dd)(1) As used in this subsection, the following words shall, unless the context clearly
158requires otherwise, have the following meanings:
159 “Authorized training program”, a program approved by the secretary of administration
160and finance and the secretary of labor and workforce development that is offered by an employer
161to train qualified trainees; provided, that said program shall assist qualified trainees in
162developing skills and accessing resources to prepare qualified trainees to enter the workforce;
163and provided further, that no authorized training program shall provide compensation to a 9 of 26
164qualified trainee without work authorization and said program shall ensure the qualified trainee
165has no expectation of compensation for training.
166 “Qualified trainee”, an individual receiving benefits through the emergency housing
167assistance program pursuant to section 30 of chapter 23B and 760 CMR 67.00 or an individual in
168an overflow emergency shelter site established in response to the capacity limitation on said
169program pursuant to a declaration issued by the secretary of housing and livable communities
170dated October 31, 2023, the extension of the declaration dated February 28, 2024 and any
171subsequent extensions, issued pursuant to 760 CMR 67.10, as inserted by emergency regulations
172issued by the executive office of housing and livable communities on October 31, 2023 and
173accompanying guidance issued pursuant to said declaration and 760 CMR 67.10, who: (i)(A) has
174not received work authorization; or (B) is currently unemployed; and (ii) is participating in an
175authorized training program.
176 “Training”, teaching, developing or enhancing skills and knowledge to improve capacity,
177productivity and performance to enter the workforce, including, but not limited to, classes,
178clinics or other hands-on methods.
179 “Work authorization”, federal authorization to work in the United States pursuant to 8
180CFR 274a.
181 (2) A partnership, limited liability corporation or other legal entity that is not a business
182corporation subject to the excise under chapter 63 may be allowed a nonrefundable credit equal
183to $2,500 for each qualified trainee who receives training through an authorized training program
184by said partnership, limited liability corporation or other legal entity in a taxable year. If the 10 of 26
185credit allowed for a taxable year exceeds the taxpayer’s liability for that taxable year, the
186taxpayer may carry forward and apply the credit in the subsequent taxable year.
187 (3) To be eligible for the credit pursuant to paragraph (2), the partnership, limited liability
188corporation or other legal entity shall: (i) have a place of business in the commonwealth; (ii)
189conduct the authorized training program in the commonwealth and in compliance with
190recommendations of the secretary of labor and workforce development pursuant to paragraph
191(5); and (iii) meet any additional requirements determined by the secretary of administration and
192finance and the secretary of labor and workforce development.
193 (4) The total amount of credits that may be authorized in a taxable year pursuant to this
194subsection and section 38NN of chapter 63 shall not exceed $10,000,000.
195 (5) The secretary of labor and workforce development shall:
196 (i) identify industries with the greatest workforce needs in geographically diverse areas of
197the commonwealth in which qualified trainees may be employed after receiving work
198authorization; provided, that the secretary of labor and workforce development shall identify
199industries with varying work experience, education, certification and licensure requirements for
200training;
201 (ii) provide recommendations for training criteria to enable qualified trainees to be
202successful in the workforce; provided, that the secretary of labor and workforce development
203shall provide specific industry recommendations for training; and provided further, that the
204secretary may identify existing training programs that meet said training criteria; and 11 of 26
205 (iii) perform outreach to industries identified as having the greatest workforce needs to
206provide notice of the tax credit program established pursuant to this subsection.
207 SECTION 7. Subsection (dd) of said section 6 of said chapter 62, as inserted by section
2086, is hereby repealed.
209 SECTION 8. Chapter 63 of the General Laws is hereby amended by inserting after
210section 38MM the following section:-
211 Section 38NN. (a) As used in this subsection, the following words shall, unless the
212context clearly requires otherwise, have the following meanings:
213 “Authorized training program”, a program approved by the secretary of administration
214and finance and the secretary of labor and workforce development that is offered by an employer
215to train qualified trainees; provided, that said program shall assist qualified trainees in
216developing skills and accessing resources to prepare qualified trainees to enter the workforce;
217and provided further, that no authorized training program shall provide compensation to a
218qualified trainee without work authorization and said program shall ensure the qualified trainee
219has no expectation of compensation for training.
220 “Qualified trainee”, an individual receiving benefits through the emergency housing
221assistance program pursuant to section 30 of chapter 23B and 760 CMR 67.00 or an individual in
222an overflow emergency shelter site established in response to the capacity limitation on said
223program pursuant to a declaration issued by the secretary of housing and livable communities
224dated October 31, 2023, the extension of the declaration dated February 28, 2024 and any
225subsequent extensions, issued pursuant to 760 CMR 67.10, as inserted by emergency regulations
226issued by the executive office of housing and livable communities on October 31, 2023, and 12 of 26
227accompanying guidance issued pursuant to said declaration and 760 CMR 67.10, who: (i)(A) has
228not received work authorization; or (B) is currently unemployed; and (ii) is participating in an
229authorized training program.
230 “Training”, teaching, developing or enhancing skills and knowledge to improve capacity,
231productivity and performance to enter the workforce, including, but not limited to, classes,
232clinics or other hands-on methods.
233 “Work authorization”, federal authorization to work in the United States pursuant to 8
234CFR 274a.
235 (b) A business corporation may be allowed a nonrefundable credit equal to $2,500 for
236each qualified trainee who receives training through an authorized training program by said
237business corporation in a taxable year. If the credit allowed for a taxable year exceeds the
238taxpayer’s liability for that taxable year, the taxpayer may carry forward and apply the credit in
239the subsequent taxable year.
240 (c) To be eligible for the credit pursuant to subsection (b), the business corporation shall:
241(i) have a place of business in the commonwealth; (ii) conduct the authorized training program in
242the commonwealth and in compliance with recommendations of the secretary of labor and
243workforce development pursuant to subsection (e); and (iii) meet any additional requirements
244determined by the secretary of administration and finance and the secretary of labor and
245workforce development.
246 (d) The total amount of credits that may be authorized in a taxable year pursuant to
247subsection (dd) of section 6 of chapter 62 and this section shall not exceed $10,000,000. 13 of 26
248 (e) The secretary of labor and workforce development shall:
249 (i) identify industries with the greatest workforce needs in geographically diverse areas of
250the commonwealth in which qualified trainees may be employed after receiving work
251authorization; provided, that the secretary of labor and workforce development shall identify
252industries with varying work experience, education, certification and licensure requirements for
253training;
254 (ii) provide recommendations for training criteria to enable qualified trainees to be
255successful in the workforce; provided, that the secretary of labor and workforce development
256shall provide specific industry recommendations for training; and provided further, that the
257secretary may identify existing training programs that meet said training criteria; and
258 (iii) perform outreach to industries identified as having the greatest workforce needs to
259provide notice of the tax credit program established pursuant to this section.
260 SECTION 9. Section 38NN of said chapter 63, as inserted by section 8, is hereby
261repealed.
262 SECTION 10. Chapter 138 of the General Laws is hereby amended by inserting after
263section 12 the following section:-
264 Section 12½. (a) As used in this section, the following words shall, unless the context
265clearly requires otherwise, have the following meanings:
266 “Mixed drink”, distilled spirits, cordials or liqueurs, with or without mixers, that are
267combined on a licensed premises and sold in a sealed container or original container that is
268unopened; provided, that a mixed drink may contain wines and malt beverages in addition to 14 of 26
269distilled spirits, cordials or liqueurs; provided further, that the volume of distilled spirits,
270cordials, liqueurs, wines, malt beverages and mixers contained in said mixed drink shall be of the
271same proportion and same price as if served for on-premises consumption.
272 “Mixer”, a non-alcoholic ingredient in a mixed drink.
273 “Sealed container”, a packaged container with a secure lid or cap designed to prevent
274consumption without removal of the lid or cap; provided, however, that if the packaged container
275has a lid with sipping holes or an opening for straws, said container shall be covered or affixed
276with an additional seal; provided further, that said lid, cap or seal shall be affixed before sale in
277such a way to prevent reopening without it being obvious that said lid, cap or seal was removed
278or broken, which may include tape or a sticking adhesive.
279 (b) Notwithstanding any general or special law to the contrary, an establishment licensed
280to sell all alcoholic beverages, distilled spirits, cordials or liqueurs for on-premises consumption
281may sell mixed drinks for off-premises consumption subject to all the following conditions: (i)
282the mixed drink shall not be sold to a person under 21 years of age; (ii) any delivery of mixed
283drinks for off-premises consumption shall not be made without verification that the person
284receiving the order has attained 21 years of age; (iii) the mixed drink shall be sold in a sealed
285container or an original unopened container; (iv) the mixed drink shall be sold as part of the
286same transaction as the purchase of food, and any order that includes a mixed drink shall be
287placed not later than the hour of which the establishment is licensed to sell alcohol or 12:00
288A.M., whichever time is earlier; provided, that a transaction shall include at least 1 item of food
289prepared on-site sufficient to serve 1 individual; (v) a customer shall be limited to 64 fluid
290ounces of mixed drinks per transaction consistent with clause (iv); and (vi) if the mixed drink in 15 of 26
291a sealed container or an original unopened container is to be transported by a motor vehicle,
292either by delivery or pick-up, the driver of the motor vehicle shall transport the mixed drink in
293the trunk of the motor vehicle or an area that is not considered the passenger area, as defined by
294section 24I of chapter 90.
295 (c) Notwithstanding any general or special law to the contrary, an establishment licensed
296to sell all alcoholic beverages or only wines or malt beverages for on-premises consumption may
297sell wine or malt beverages for off-premises consumption subject to all the following conditions:
298(i) the wine or malt beverage shall not be sold to a person under 21 years of age; (ii) any delivery
299of wine or malt beverages for off-premises consumption shall not be made without verification
300that the person receiving the order has attained 21 years of age; (iii) the wine or malt beverage
301shall be sold in a sealed container or an original unopened container; (iv) the wine or malt
302beverage shall be sold as part of the same transaction as the purchase of food and any order that
303includes wine or a malt beverage shall be placed not later than the hour of which the
304establishment is licensed to sell alcohol or 12:00 A.M., whichever time is earlier; provided, that a
305transaction shall include at least 1 item of food prepared on-site sufficient to serve 1 individual;
306(v) a customer shall be limited to 192 ounces of malt beverage and 1.5 liters of wine per
307transaction consistent with clause (iv); and (vi) if the wine or malt beverage in a sealed container
308or an original unopened container is to be transported by a motor vehicle, either by delivery or
309pick-up, the driver of the motor vehicle shall transport the wine or malt beverage in the trunk of
310the motor vehicle or an area that is not considered the passenger area, as defined by section 24I
311of chapter 90.
312 (d) An establishment licensed to sell alcoholic beverages for on-premises consumption
313shall include an establishment licensed pursuant to section 12, subsection (b) of section 19, 16 of 26
314subsection (n) of section 19B, subsection (n) of section 19C, section 19D, subsection (o) of
315section 19E or section 19H; provided, that an establishment licensed pursuant to said section
31619D shall also hold a license pursuant to said section 12. An establishment selling alcoholic
317beverages for off-premises consumption may only sell alcoholic beverages permitted pursuant to
318their type and category of license.
319 (e)(1) An establishment licensed to sell alcoholic beverages for on-premises consumption
320that delivers any alcoholic beverage for off-premises consumption in a vehicle owned or leased
321by the establishment or its employees shall obtain a transportation permit pursuant to section 22
322for each vehicle used for delivery of alcoholic beverages.
323 (2) An establishment licensed to sell alcoholic beverages for on-premises consumption
324that delivers any alcoholic beverage for off-premises consumption may use a third party with a
325permit for express transportation pursuant to section 22 for delivery of alcoholic beverages.
326 SECTION 11. Section 7A of chapter 167E of the General Laws, as appearing in the 2022
327Official Edition, is hereby amended by inserting after the word “person”, in line 14, the
328following words:- , by synchronous real-time video conference or by telephone.
329 SECTION 12. Section 65C ½ of chapter 171 of the General Laws, as so appearing, is
330hereby amended by inserting after the word “person”, in line 14, the following words:- , by
331synchronous real-time video conference or by telephone.
332 SECTION 13. Section 31A of chapter 20 of the acts of 2021, as amended by section 41
333of chapter 2 of the acts of 2023, is hereby further amended by striking out the words “March 31,
3342024” and inserting in place thereof the following words:- March 31, 2025. 17 of 26
335 SECTION 14. (a) For the purposes of this section, the following words shall, unless the
336context clearly requires otherwise, have the following meanings:
337 “Approved training program”, an existing training program the secretary of
338administration and finance, in consultation with the secretary of labor and workforce
339development, deems sufficient to provide skills and resources to individuals in the emergency
340housing assistance program, established in section 30 of chapter 23B of the General Laws,
341including, but not limited to: (i) workforce and career technical skills training, pursuant to item
3421599-2037 of section 2A of chapter 102 of the acts of 2021; (ii) high-demand workforce training
343programs, pursuant to item 1599-2041 of said section 2A of said chapter 102; (iii) the
344manufacturing pilot program, established pursuant to item 7002-0020 of section 2 of chapter 28
345of the acts of 2023; (iv) the Learn to Earn Initiative program, established pursuant to item 7002-
3461080 of said section 2 of said chapter 28; (v) 1199 SEIU training, pursuant to item 7003-0608 of
347said section 2 of said chapter 28; (vi) Massachusetts AFL-CIO Workforce Development
348Programs, Inc., pursuant to item 7003-1207 of said section 2 of said chapter 28; and (vii) shelter
349workforce development initiative, pursuant to item 7004-0109 of said section 2 of said chapter
35028; provided, that the approved training program shall be available to individuals in non-state-
351funded overflow emergency shelter sites and state-funded overflow emergency shelter sites.
352 “Authorized training program”, a program approved by the secretary of administration
353and finance and the secretary of labor and workforce development that is offered by an employer
354to train qualified trainees; provided, that said program shall assist qualified trainees in
355developing skills and accessing resources to prepare qualified trainees to enter the workforce;
356and provided further, that no authorized training program shall provide compensation to a 18 of 26
357qualified trainee without work authorization and said program shall ensure the qualified trainee
358has no expectation of compensation for training.
359 “Non-state-funded overflow emergency shelter site”, any overflow site that is funded
360through a nonprofit or other non-state entity for eligible families that have been waitlisted for
361placement at an emergency shelter as a result of the emergency housing assistance program,
362established in section 30 of chapter 23B of the General Laws, reaching capacity at 7,500
363families, as identified in the Emergency Assistance Family Shelter declaration issued by the
364secretary of housing and livable communities on October 31, 2023, and the extension of the
365declaration dated February 28, 2024, and any subsequent extensions, pursuant to 760 CMR
36667.10, as inserted by emergency regulations issued by the executive office of housing and livable
367communities on October 31, 2023, and accompanying guidance issued pursuant to said
368declaration and 760 CMR 67.10.
369 “Qualified trainee”, an individual receiving benefits through the emergency housing
370assistance program pursuant to section 30 of chapter 23B of the General Laws and 760 CMR
37167.00 or an individual in an overflow emergency shelter site established in response to the
372capacity limitation on said program pursuant to a declaration issued by the secretary of housing
373and livable communities dated October 31, 2023, the extension of the declaration dated February
37428, 2024 and any subsequent extensions, issued pursuant to 760 CMR 67.10, as inserted by
375emergency regulations issued by the executive office of housing and livable communities on
376October 31, 2023 and accompanying guidance issued pursuant to said declaration and 760 CMR
37767.10, who: (i)(A) has not received work authorization; or (B) is currently unemployed; and (ii)
378is participating in an authorized training program. 19 of 26
379 “State-funded overflow emergency shelter site”, any state-funded overflow site,
380including, but not limited to, any site funded under item 1599-0514 of section 2 of chapter 77 of
381the acts of 2023, for eligible families that have been waitlisted for placement at an emergency
382shelter as a result of the emergency housing assistance program reaching capacity at 7,500
383families, as identified in the Emergency Assistance Family Shelter declaration issued by the
384secretary of housing and livable communities on October 31, 2023, and the extension of the
385declaration dated February 28, 2024, and any subsequent extensions, pursuant to 760 CMR
38667.10, as inserted by emergency regulations issued by the executive office of housing and livable
387communities on October 31, 2023, and accompanying guidance issued pursuant to said
388declaration and 760 CMR 67.10.
389 (b) Notwithstanding any general or special law to the contrary, any state-funded overflow
390emergency shelter site operational as of March 15, 2024 shall serve families and pregnant
391women with no other children until the hour of 9 A.M. each day and no family or pregnant
392woman shall be required to leave the state-funded overflow emergency shelter site prior to 9
393A.M.; provided, that any state-funded overflow emergency shelter site that becomes operational
394after March 15, 2024 shall be open 24 hours per day 7 days per week to provide services to
395families with children and pregnant women with no other children.
396 (c) If multiple state-funded overflow emergency shelter sites are required to maintain
397shelter for newly arriving migrants, refugees and asylum seekers, state-funded overflow
398emergency shelter sites shall be located in geographically diverse areas throughout the
399commonwealth. 20 of 26
400 (d) All state-funded overflow emergency shelter sites and, to the extent feasible, non-
401state-funded overflow emergency shelter sites shall provide information to families about
402authorized training programs and approved training programs offered to provide skills and
403resources to individuals for assistance in entering the workforce; provided, that eligible
404individuals in the family shall be authorized to participate in the authorized training programs
405and the approved training programs; provided further, that all state-funded overflow emergency
406shelter sites and non-state-funded overflow emergency shelter sites shall provide information to
407families and pregnant women about other resources available, including, but not limited to: (i)
408food resources, including food pantries in close proximity to said overflow emergency shelter
409site; (ii) services offered by resettlement agencies; (iii) housing programs; and (iv) other
410available resources from nonprofits or other sources.
411 (e) The secretary of housing and livable communities shall submit to the house and senate
412committees on ways and means not less than every 30 days a report with data for each state-
413funded overflow emergency shelter site and, to the extent feasible, each non-state-funded
414overflow emergency shelter site, including the following information: (i) types of services
415provided to families, including a breakdown of the types of services and hours of availability of
416services; (ii) total number of families; (iii) number of families new to the overflow emergency
417shelter site since the last report; (iv) total number of individuals; (v) number of individuals new
418to the overflow emergency shelter site since the last report; (vi) average length of stay, in days,
419for individuals in an overflow emergency shelter site, including a breakdown of data on: (A) the
420family with the longest length of stay; (B) families that have been placed in the emergency
421shelter assistance program from a state-funded overflow emergency shelter site or non-state-
422funded overflow emergency shelter site; and (C) families that are no longer in the state-funded 21 of 26
423overflow emergency shelter site or non-state-funded overflow emergency shelter site but have
424not been placed in the emergency assistance program; (vii) a procurement record for state-funded
425overflow sites for supplies and services necessary to provide resources and necessities of daily
426living to families; and (viii) efforts made to connect families with additional services or
427programs, including, but not limited to, resettlement agencies, HomeBase or other housing
428programs.
429 SECTION 15. (a) Notwithstanding any general or special law to the contrary, not later
430than April 1, 2024, the governor shall seek from the United States Department of Homeland
431Security any and all federal approvals for a waiver to permit expedited work authorizations,
432temporary work authorizations or provisional work authorizations, including, but not limited to,
433any waiver for said work authorizations pursuant to 8 C.F.R. section 274a.12, as amended, for
434newly arriving migrants, refugees and asylum seekers in the commonwealth to allow said
435migrants, refugees and asylum seekers to create a pathway to work and to aid in alleviating the
436commonwealth’s shelter capacity crisis for which the governor declared a state of emergency on
437August 8, 2023 due to the significant influx of families seeking shelter in response to ongoing
438humanitarian crises and conflicts around the world.
439 (b) The request for a waiver pursuant to subsection (a) shall include: (i) alternative
440approaches for work authorizations to allow for an expedited process in the commonwealth,
441including, but not limited to, requests for expedited work authorizations, temporary work
442authorizations or provisional work authorizations; provided, that 1 alternative approach shall
443include a proposed state sponsorship program allowing the commonwealth to sponsor said
444migrants, refugees and asylum seekers for a state-operated worker program; and (ii) data on the
445current number of migrants, refugees and asylum seekers: 22 of 26
446 (A) in the emergency housing assistance program, pursuant to section 30 of chapter 23B
447of the General Laws, as amended by section 3, and 760 CMR 67.00;
448 (B) in a state-funded overflow emergency shelter site and a non-state funded overflow
449emergency shelter site, as those terms are defined in section 14;
450 (C) ready to enter the workforce upon grant of a work authorization; and
451 (D) participating in training or skills-based learning programs, including but not limited
452to:
453 (1) authorized training programs, as defined in paragraph (1) of subsection (dd) of section
4546 of chapter 62 of the General Laws, as inserted by section 6, and section 38NN of chapter 63 of
455the General Laws, as inserted by section 8; and
456 (2) approved training programs, as defined in said section 30 of said chapter 23B, as
457inserted by section 3, to be ready to enter the workforce upon grant of a work authorization.
458 (c) The waiver request pursuant to subsection (a) shall be publicly available on the
459governor’s website not later than April 1, 2024.
460 SECTION 16. (a) The executive office of administration and finance, in consultation with
461the executive office of housing and livable communities and the executive office of labor and
462workforce development, shall submit a report to the house and senate committees on ways and
463means not less than every 30 days on the approved training program, as defined in section 30 of
464chapter 23B of the General Laws, as inserted by section 3. Said reports shall include, but shall
465not be limited to: (i) the total number of individuals participating in the approved training
466program; (ii) the total number of individuals waiting for placement to participate in an approved 23 of 26
467training program; (iii) the list of approved training programs approved by the secretary of
468administration and finance in consultation with the secretary of labor and workforce
469development; (iv) the total number of individuals from the emergency assistance shelter system
470participating in an approved training program; (v) the total number of individuals from an
471overflow emergency shelter site participating in an approved training program; (vi) the number
472of new individuals participating in the approved training program since the last report; (vii) the
473number of new individuals waiting for placement to participate in an approved training program
474since the last report; (viii) the list of approved training programs approved by the secretary since
475the last report; (ix) the number of individuals from the emergency assistance shelter system
476participating in an approved training program since the last report; (x) the number of individuals
477from an overflow emergency shelter site participating in an approved training program since the
478last report; (xi) geographic areas in the commonwealth, broken down by municipality, where the
479approved training programs are located; (xii) the total number of individuals who received work
480authorization while participating in an approved training program; (xiii) the number of
481individuals who received work authorization while participating in an approved training program
482since the last report; (xiv) the total number of individuals who were provided notice of the
483availability of an approved training program; and (xv) the number of individuals who were
484provided notice of the availability of an approved training program since the last report.
485 (b) The executive office of administration and finance, in consultation with the executive
486office of housing and livable communities and the executive office of labor and workforce
487development, shall submit a report to the house and senate committees on ways and means not
488less than every 30 days on the authorized training program, as defined in paragraph (1) of
489subsection (dd) of section 6 of chapter 62 of the General Laws, as inserted by section 6, and 24 of 26
490section 38NN of chapter 63 of the General Laws, as inserted by section 8. Said reports shall
491include, but shall not be limited to: (i) the implementation status of authorized training programs;
492(ii) the total number of employers seeking to offer an authorized training program; (iii) the
493number of employers seeking to offer an authorized training program since the last report; (iv)
494the total number of employers approved by the secretary of administration and finance and the
495secretary of labor and workforce development to offer an authorized training program and a
496breakdown of the industries and geographic area, broken down by municipality, where
497employers are located; (v) the number of employers approved by the secretary of administration
498and finance and secretary of labor and workforce development to offer an authorized training
499program since the last report; (vi) the total number of individuals waiting for placement in an
500authorized training program; (vii) the number of individuals waiting for placement in an
501authorized training program since the last report; (viii) the total number of individuals from the
502emergency assistance shelter system participating in an authorized training program; (ix) the
503number of individuals from the emergency assistance shelter system participating in an
504authorized training program since the last report; (x) the total number of individuals from an
505overflow emergency shelter site participating in an authorized training program; (xi) the number
506of individuals from an overflow emergency shelter site participating in an authorized training
507program since the last report; (xii) the total number of individuals who received work
508authorization while participating in an authorized training program; (xiii) the number of
509individuals who received work authorization while participating in an authorized training
510program since the last report; (xiv) the total number of individuals who were provided notice of
511the availability of an authorized training program; (xv) the total number of individuals offered
512employment by an employer after receiving work authorization and participating in an 25 of 26
513authorized training program; and (xvi) the number of individuals offered employment by an
514employer after receiving work authorization and participating in an authorized training program
515since the last report.
516 SECTION 17. (a) Not later than 30 days after the effective date of this act, the secretary
517of labor and workforce development, in consultation with the secretary of administration and
518finance, shall promulgate regulations or guidance for the administration of the authorized
519training programs established in subsection (dd) of section 6 of chapter 62 of the General Laws,
520as inserted by section 6, and section 38NN of chapter 63 of the General Laws, as inserted by
521section 8, including, but not limited to, requirements to be deemed an authorized training
522program.
523 (b) Not later than 30 days after the effective date of this act, the commissioner of the
524department of revenue, in consultation with the secretary of labor and workforce development
525and the secretary of administration and finance, shall promulgate regulations or guidance for the
526administration of the tax credit established in subsection (dd) of section 6 of chapter 62 of the
527General Laws, as inserted by section 6, and section 38NN of chapter 63 of the General Laws, as
528inserted by section 8.
529 SECTION 18. Section 14 is hereby repealed.
530 SECTION 19. Section 4 shall take effect on April 1, 2025 or upon the end of the capacity
531limitation on the emergency shelter assistance program pursuant to the declaration issued by the
532secretary of housing and livable communities dated October 31, 2023, the extension of the
533declaration dated February 28, 2024 and any subsequent extensions, issued pursuant to 760 CMR
53467.10, as inserted by emergency regulations issued by the executive office of housing and livable 26 of 26
535communities on October 31, 2023, and accompanying guidance issued pursuant to said
536declaration and 760 CMR 67.10, whichever is sooner.
537 SECTION 20. Sections 5 and 10 shall take effect as of April 1, 2024.
538 SECTION 21. Sections 6 and 8 shall take effect for taxable years beginning on or after
539January 1, 2024.
540 SECTION 22. Sections 7 and 9 shall take effect on January 1, 2026 or in the taxable year
541of the end of the capacity limitation on the emergency shelter assistance program pursuant to a
542declaration issued by the secretary of housing and livable communities dated October 31, 2023,
543the extension of the declaration dated February 28, 2024 and any subsequent extensions, issued
544pursuant to 760 CMR 67.10, as inserted by emergency regulations issued by the executive office
545of housing and livable communities on October 31, 2023 and accompanying guidance issued
546pursuant to said declaration and 760 CMR 67.10, whichever is sooner.
547 SECTION 23. Sections 11 to 13, inclusive, shall take effect as of March 31, 2024.
548 SECTION 24. Section 18 shall take effect 30 days after the closure of the last state-
549funded overflow emergency shelter site or non-state-funded overflow emergency shelter site, as
550those terms are defined in section 14; provided, that if a state-funded overflow emergency shelter
551site or non-state-funded overflow emergency shelter site reopens, or a new state-funded overflow
552emergency shelter site or non-state-funded overflow emergency shelter site opens, for any reason
553all reporting required pursuant to section 14 shall resume until 30 days after closure of the sites.