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Massachusetts House Bill H4466

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4466 Compare Versions

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22 FILED ON: 3/7/2024
33 HOUSE . . . . . . . . . . . . . . . No. 4466
44 House bill No. 4460, as amended by the House and passed to be engrossed. March 6, 2024.
55 The Commonwealth of Massachusetts
66 _______________
77 In the One Hundred and Ninety-Third General Court
88 (2023-2024)
99 _______________
1010 An Act making appropriations for the fiscal year 2024 to provide for supplementing certain
1111 existing appropriations and for certain other activities and projects.
1212 Whereas, The deferred operation of this act would tend to defeat its purposes, which are
1313 to make supplemental appropriations for fiscal year 2024 and to make certain changes in law,
1414 each of which is immediately necessary to carry out those appropriations or to accomplish other
1515 important public purposes, therefore it is hereby declared to be an emergency law, necessary for
1616 the immediate preservation of the public convenience.
1717 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
1818 of the same, as follows:
1919 1 SECTION 1. To provide for supplementing certain items in the general
2020 2appropriation act and other appropriation acts for fiscal year 2024, the sums set forth in section 2
2121 3are hereby appropriated from the General Fund or the Transitional Escrow Fund established in
2222 4section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of
2323 52022, unless specifically designated otherwise in this act or in those appropriation acts, for the
2424 6several purposes and subject to the conditions specified in this act or in those appropriation acts
2525 7and subject to the laws regulating the disbursement of public funds for the fiscal year ending
2626 8June 30, 2024. These sums shall be in addition to any amounts previously appropriated and made
2727 9available for the purposes of those items. Except as otherwise provided, these sums shall be
2828 10made available through the fiscal year ending June 30, 2025. 2 of 27
2929 11 SECTION 2.
3030 12 OFFICE OF THE COMPTROLLER
3131 13 Comptroller
3232 14 1599-3384Settlements and Judgments……………………………………$15,000,000
3333 15 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to
3434 16provide for an alteration of purpose for current appropriations and to meet certain requirements
3535 17of law, the sums set forth in this section are hereby appropriated from the General Fund or the
3636 18Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended
3737 19by section 4 of chapter 98 of the acts of 2022, unless specifically designated otherwise in this
3838 20section, for the several purposes and subject to the conditions specified in this section and subject
3939 21to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2024.
4040 22Except as otherwise provided, these sums shall be made available through the fiscal year ending
4141 23June 30, 2025.
4242 24 1599-1213For a reserve to support the commonwealth’s response to the ongoing
4343 25humanitarian crisis and influx of families seeking shelter; provided, that funds shall be expended
4444 26for the emergency housing assistance program to support shelters and services pursuant to
4545 27section 30 of chapter 23B of the General Laws; provided further, that not less than $10,000,000
4646 28shall be expended on an approved training program, as defined by section 30 of chapter 23B of
4747 29the General Laws, as inserted by section 3, to provide skills and resources for individuals and
4848 30families in the emergency housing assistance program or in overflow emergency shelter sites;
4949 31provided further, that not less than $3,000,000 shall be expended for family welcome centers;
5050 32provided further, that not less than $1,000,000 shall be expended for supplemental staffing at 3 of 27
5151 33emergency housing assistance program shelters; provided further, that not less than $1,000,000
5252 34shall be expended for resettlement agencies; provided further, that funds shall be expended for
5353 35early education programs providing comprehensive services to homeless children and families
5454 36residing in the emergency housing assistance program, including, but not limited to, services for:
5555 37(i) early education; (ii) health; (iii) mental health; (iv) nutrition; and (v) family education and
5656 38resources; provided further, that said funds shall include, but shall not be limited to, costs
5757 39associated with translation services, transportation and coordination of services; provided further,
5858 40that the secretary of administration and finance shall notify the house and senate committees on
5959 41ways and means not less than 14 days prior to any transfer of funds from this item; and provided
6060 42further, that any reporting requirements for this item shall be in addition to the reporting required
6161 43pursuant to: (i) item 1599-0514 of section 2A of chapter 77 of the acts of 2023; and (ii) sections
6262 4414 and 16 of this act…...……………………………………………………………..$245,000,000
6363 45 Transitional Escrow Fund……100%
6464 46 SECTION 3. Section 30 of chapter 23B of the General Laws, as amended by sections 120
6565 47and 121 of chapter 7 of the acts of 2023, is hereby further amended by adding the following
6666 48paragraph:-
6767 49 (G)(1) For the purposes of this paragraph, the following words shall, unless the context
6868 50clearly requires otherwise, have the following meanings:
6969 51 “Approved training program”, an existing training program the secretary of
7070 52administration and finance, in consultation with the secretary of labor and workforce
7171 53development, deems sufficient to provide skills and resources to individuals in the emergency
7272 54housing assistance program including, but not limited to: (i) workforce and career technical skills 4 of 27
7373 55training, pursuant to item 1599-2037 of section 2A of chapter 102 of the acts of 2021; (ii) high-
7474 56demand workforce training programs, pursuant to item 1599-2041 of said section 2A of said
7575 57chapter 102; (iii) the manufacturing pilot program, established pursuant to item 7002-0020 of
7676 58section 2 of chapter 28 of the acts of 2023; (iv) the Learn to Earn Initiative program, established
7777 59pursuant to item 7002-1080 of said section 2 of said chapter 28; (v) 1199 SEIU training, pursuant
7878 60to item 7003-0608 of said section 2 of said chapter 28; (vi) Massachusetts AFL-CIO Workforce
7979 61Development Programs, Inc., pursuant to item 7003-1207 of said section 2 of said chapter 28;
8080 62and (vii) shelter workforce development initiative, pursuant to item 7004-0109 of said section 2
8181 63of said chapter 28; provided, that the approved training program shall be available to individuals
8282 64in non-state-funded overflow emergency shelter sites and state-funded overflow emergency
8383 65shelter sites.
8484 66 “Authorized training program”, as defined in paragraph (1) of subsection (dd) of section
8585 676 of chapter 62.
8686 68 “Non-state-funded overflow emergency shelter site”, any overflow site that is funded
8787 69through a nonprofit or other non-state entity for eligible families that have been waitlisted for
8888 70placement at an emergency shelter as a result of the emergency housing assistance program
8989 71reaching capacity at 7,500 families, as identified in the Emergency Assistance Family Shelter
9090 72declaration issued by the secretary of housing and livable communities on October 31, 2023, and
9191 73the extension of the declaration dated February 28, 2024, and any subsequent extensions,
9292 74pursuant to 760 CMR 67.10, as inserted by emergency regulations issued by the executive office
9393 75of housing and livable communities on October 31, 2023, and accompanying guidance issued
9494 76pursuant to said declaration and 760 CMR 67.10. 5 of 27
9595 77 “State-funded overflow emergency shelter site”, any state-funded overflow site,
9696 78including, but not limited to, any site funded under item 1599-0514 of section 2 of chapter 77 of
9797 79the acts of 2023, for eligible families that have been waitlisted for placement at an emergency
9898 80shelter as a result of the emergency housing assistance program reaching capacity at 7,500
9999 81families, as identified in the Emergency Assistance Family Shelter declaration issued by the
100100 82secretary of housing and livable communities on October 31, 2023, and the extension of the
101101 83declaration dated February 28, 2024, and any subsequent extensions, pursuant to 760 CMR
102102 8467.10, as inserted by emergency regulations issued by the executive office of housing and livable
103103 85communities on October 31, 2023, and accompanying guidance issued pursuant to said
104104 86declaration and 760 CMR 67.10.
105105 87 (2) A family with children or a pregnant woman with no other children that receives
106106 88benefits through the emergency housing assistance program as of April 1, 2024, or thereafter,
107107 89shall remain eligible for the program for not more than 9 consecutive months; provided,
108108 90however, that such families shall be eligible for the program for not more than 12 consecutive
109109 91months if eligible individuals in the family are: (i) employed; or (ii) participating in an: (A)
110110 92authorized training program; or (B) approved training program; provided, that each family and
111111 93pregnant woman shall receive notice not less than 90 days prior to the termination of benefits
112112 94pursuant to this section; provided further, that not more 150 families shall be terminated from the
113113 95emergency housing assistance program in any week; and provided further, that the executive
114114 96office shall promulgate regulations or guidance for eligibility which shall: (i) establish
115115 97procedures for the termination of benefits pursuant to this paragraph; and (ii) allow a family with
116116 98children or a pregnant woman with no other children to reapply for the emergency housing
117117 99assistance program; provided further, that eligibility determinations when reapplying for the 6 of 27
118118 100program shall be consistent with the guidance issued by the secretary of housing and livable
119119 101communities on October 31, 2023, entitled “Emergency Assistance Program Guidance on
120120 102Waitlist and Prioritization Procedures pursuant to Capacity Declaration dated October 31, 2023”
121121 103pursuant to 760 CMR 67.10, as inserted by emergency regulations issued by the executive office
122122 104of housing and livable communities on October 31, 2023.
123123 105 (3) Notwithstanding paragraph (2), a family or a pregnant woman with no other children
124124 106that receives benefits through the emergency housing assistance program as of April 1, 2024, or
125125 107thereafter, shall remain eligible for the program for not more than 12 consecutive months if
126126 108eligible for, but unable to participate in, an authorized training program or an approved training
127127 109program or unable to obtain employment due to factors including, but not limited to: (i)
128128 110pregnancy; (ii) a diagnosed disability or documented medical condition; (iii) being a single
129129 111parent caring for a disabled child or family member; (iv) being a single parent caring for a child
130130 112or children with no childcare; (v) meeting the criteria to be considered a veteran, as defined in
131131 113clause Forty-third of section 7 of chapter 4; or (vi) being at imminent risk of harm due to
132132 114domestic violence; or (vii) satisfying any additional criteria the secretary of housing and livable
133133 115communities deems necessary pursuant to said guidance in paragraph (2) issued by the secretary
134134 116of housing and livable communities on October 31, 2023. The executive office shall promulgate
135135 117regulations or guidance for implementation of this paragraph.
136136 118 (4) The executive office shall provide a physical copy of written information to families
137137 119with children and pregnant women receiving benefits through the emergency housing assistance
138138 120program in the form of printed handouts which shall include, but shall not be limited to,
139139 121information about: (i) authorized training programs; (ii) approved training programs; (iii) food
140140 122resources, including food pantries; (iv) services offered by resettlement agencies; (v) other 7 of 27
141141 123housing programs; and (vi) other nonprofit or available resources the executive office deems
142142 124necessary. All written information shall be translated into multiple languages and shall be
143143 125available on the executive office’s website.
144144 126 SECTION 4. Paragraph (G) of said section 30 of said chapter 23B, as inserted by section
145145 1273, is hereby repealed.
146146 128 SECTION 5. Chapter 40A of the General Laws is hereby amended by inserting after
147147 129section 3A the following section:-
148148 130 Section 3B. (a) As used in this section, the following words shall, unless the context
149149 131clearly requires otherwise, have the following meanings:
150150 132 “Commission”, the alcoholic beverages control commission, established by section 70 of
151151 133chapter 10.
152152 134 “Outdoor table service”, restaurant service that includes food prepared on-site and under
153153 135a food establishment permit issued by a municipal authority pursuant to 105 CMR 590.00 that is
154154 136served to seated diners outside the restaurant building envelope, whether on a sidewalk, patio,
155155 137deck, lawn, parking area or other outdoor space.
156156 138 (b) Notwithstanding the provisions of this chapter, any special permit, variance or other
157157 139approval issued thereunder or any general or special law to the contrary, a city or town may
158158 140approve a request for expansion of outdoor table service, including in the description of the
159159 141licensed premises as described in subsection (c), or an extension of an earlier granted approval.
160160 142Before such approval, the mayor, board of selectmen, select board or other chief executive
161161 143officer, as established by charter or special act, shall establish the process for approving such 8 of 27
162162 144requests. Such process shall not be required to comply with the notice and publication provisions
163163 145of section 11. An approval under this section may be exercised immediately upon filing of notice
164164 146thereof with the city or town clerk, without complying with any otherwise applicable recording
165165 147or certification requirements.
166166 148 (c) Pursuant to subsection (b), a local licensing authority may grant approval for a change
167167 149in the description of the licensed premises for the purpose of permitting outdoor alcohol service
168168 150as the local licensing authority deems reasonable and proper and may issue an amended license
169169 151to existing license holders, without further review or approval from the commission prior to
170170 152issuance. Upon approval of an amended license, the local licensing authority shall provide notice
171171 153of the amended license to the commission. Nothing in this section shall prevent the commission
172172 154from exercising the commission’s enforcement authority over an amended license.
173173 155 (d) Before approving any request to extend an earlier granted approval, a city, town or
174174 156local licensing authority may modify the scope of the approval as the city, town or local
175175 157licensing authority deems proper and appropriate including, but not limited to, modifying the
176176 158terms of an earlier granted approval to address potential issues with snow removal, pedestrian
177177 159traffic or similar concerns.
178178 160 SECTION 6. Section 6 of chapter 62 of the General Laws, as appearing in the 2022
179179 161Official Edition, is hereby amended by adding the following subsection:-
180180 162 (dd)(1) As used in this subsection, the following words shall, unless the context clearly
181181 163requires otherwise, have the following meanings:
182182 164 “Authorized training program”, a program approved by the secretary of administration
183183 165and finance and the secretary of labor and workforce development that is offered by an employer 9 of 27
184184 166to train qualified trainees; provided, that said program shall assist qualified trainees in
185185 167developing skills and accessing resources to prepare qualified trainees to enter the workforce;
186186 168and provided further, that no authorized training program shall provide compensation to a
187187 169qualified trainee without work authorization and said program shall ensure the qualified trainee
188188 170has no expectation of compensation for training.
189189 171 “Qualified trainee”, an individual receiving benefits through the emergency housing
190190 172assistance program pursuant to section 30 of chapter 23B and 760 CMR 67.00 or an individual in
191191 173an overflow emergency shelter site established in response to the capacity limitation on said
192192 174program pursuant to a declaration issued by the secretary of housing and livable communities
193193 175dated October 31, 2023, the extension of the declaration dated February 28, 2024 and any
194194 176subsequent extensions, issued pursuant to 760 CMR 67.10, as inserted by emergency regulations
195195 177issued by the executive office of housing and livable communities on October 31, 2023 and
196196 178accompanying guidance issued pursuant to said declaration and 760 CMR 67.10, who: (i)(A) has
197197 179not received work authorization; or (B) is currently unemployed; and (ii) is participating in an
198198 180authorized training program.
199199 181 “Training”, teaching, developing or enhancing skills and knowledge to improve capacity,
200200 182productivity and performance to enter the workforce, including, but not limited to, classes,
201201 183clinics or other hands-on methods.
202202 184 “Work authorization”, federal authorization to work in the United States pursuant to 8
203203 185CFR 274a.
204204 186 (2) A partnership, limited liability corporation or other legal entity that is not a business
205205 187corporation subject to the excise under chapter 63 may be allowed a nonrefundable credit equal 10 of 27
206206 188to $2,500 for each qualified trainee who receives training through an authorized training program
207207 189by said partnership, limited liability corporation or other legal entity in a taxable year. If the
208208 190credit allowed for a taxable year exceeds the taxpayer’s liability for that taxable year, the
209209 191taxpayer may carry forward and apply the credit in the subsequent taxable year.
210210 192 (3) To be eligible for the credit pursuant to paragraph (2), the partnership, limited liability
211211 193corporation or other legal entity shall: (i) have a place of business in the commonwealth; (ii)
212212 194conduct the authorized training program in the commonwealth and in compliance with
213213 195recommendations of the secretary of labor and workforce development pursuant to paragraph
214214 196(5); and (iii) meet any additional requirements determined by the secretary of administration and
215215 197finance and the secretary of labor and workforce development.
216216 198 (4) The total amount of credits that may be authorized in a taxable year pursuant to this
217217 199subsection and section 38NN of chapter 63 shall not exceed $10,000,000.
218218 200 (5) The secretary of labor and workforce development shall:
219219 201 (i) identify industries with the greatest workforce needs in geographically diverse areas of
220220 202the commonwealth in which qualified trainees may be employed after receiving work
221221 203authorization; provided, that the secretary of labor and workforce development shall identify
222222 204industries with varying work experience, education, certification and licensure requirements for
223223 205training;
224224 206 (ii) provide recommendations for training criteria to enable qualified trainees to be
225225 207successful in the workforce; provided, that the secretary of labor and workforce development
226226 208shall provide specific industry recommendations for training; and provided further, that the
227227 209secretary may identify existing training programs that meet said training criteria; and 11 of 27
228228 210 (iii) perform outreach to industries identified as having the greatest workforce needs to
229229 211provide notice of the tax credit program established pursuant to this subsection.
230230 212 SECTION 7. Subsection (dd) of said section 6 of said chapter 62, as inserted by section
231231 2136, is hereby repealed.
232232 214 SECTION 8. Chapter 63 of the General Laws is hereby amended by inserting after
233233 215section 38MM the following section:-
234234 216 Section 38NN. (a) As used in this subsection, the following words shall, unless the
235235 217context clearly requires otherwise, have the following meanings:
236236 218 “Authorized training program”, a program approved by the secretary of administration
237237 219and finance and the secretary of labor and workforce development that is offered by an employer
238238 220to train qualified trainees; provided, that said program shall assist qualified trainees in
239239 221developing skills and accessing resources to prepare qualified trainees to enter the workforce;
240240 222and provided further, that no authorized training program shall provide compensation to a
241241 223qualified trainee without work authorization and said program shall ensure the qualified trainee
242242 224has no expectation of compensation for training.
243243 225 “Qualified trainee”, an individual receiving benefits through the emergency housing
244244 226assistance program pursuant to section 30 of chapter 23B and 760 CMR 67.00 or an individual in
245245 227an overflow emergency shelter site established in response to the capacity limitation on said
246246 228program pursuant to a declaration issued by the secretary of housing and livable communities
247247 229dated October 31, 2023, the extension of the declaration dated February 28, 2024 and any
248248 230subsequent extensions, issued pursuant to 760 CMR 67.10, as inserted by emergency regulations
249249 231issued by the executive office of housing and livable communities on October 31, 2023, and 12 of 27
250250 232accompanying guidance issued pursuant to said declaration and 760 CMR 67.10, who: (i)(A) has
251251 233not received work authorization; or (B) is currently unemployed; and (ii) is participating in an
252252 234authorized training program.
253253 235 “Training”, teaching, developing or enhancing skills and knowledge to improve capacity,
254254 236productivity and performance to enter the workforce, including, but not limited to, classes,
255255 237clinics or other hands-on methods.
256256 238 “Work authorization”, federal authorization to work in the United States pursuant to 8
257257 239CFR 274a.
258258 240 (b) A business corporation may be allowed a nonrefundable credit equal to $2,500 for
259259 241each qualified trainee who receives training through an authorized training program by said
260260 242business corporation in a taxable year. If the credit allowed for a taxable year exceeds the
261261 243taxpayer’s liability for that taxable year, the taxpayer may carry forward and apply the credit in
262262 244the subsequent taxable year.
263263 245 (c) To be eligible for the credit pursuant to subsection (b), the business corporation shall:
264264 246(i) have a place of business in the commonwealth; (ii) conduct the authorized training program in
265265 247the commonwealth and in compliance with recommendations of the secretary of labor and
266266 248workforce development pursuant to subsection (e); and (iii) meet any additional requirements
267267 249determined by the secretary of administration and finance and the secretary of labor and
268268 250workforce development.
269269 251 (d) The total amount of credits that may be authorized in a taxable year pursuant to
270270 252subsection (dd) of section 6 of chapter 62 and this section shall not exceed $10,000,000. 13 of 27
271271 253 (e) The secretary of labor and workforce development shall:
272272 254 (i) identify industries with the greatest workforce needs in geographically diverse areas of
273273 255the commonwealth in which qualified trainees may be employed after receiving work
274274 256authorization; provided, that the secretary of labor and workforce development shall identify
275275 257industries with varying work experience, education, certification and licensure requirements for
276276 258training;
277277 259 (ii) provide recommendations for training criteria to enable qualified trainees to be
278278 260successful in the workforce; provided, that the secretary of labor and workforce development
279279 261shall provide specific industry recommendations for training; and provided further, that the
280280 262secretary may identify existing training programs that meet said training criteria; and
281281 263 (iii) perform outreach to industries identified as having the greatest workforce needs to
282282 264provide notice of the tax credit program established pursuant to this section.
283283 265 SECTION 9. Section 38NN of said chapter 63, as inserted by section 8, is hereby
284284 266repealed.
285285 267 SECTION 10. Chapter 138 of the General Laws is hereby amended by inserting after
286286 268section 12 the following section:-
287287 269 Section 12½. (a) As used in this section, the following words shall, unless the context
288288 270clearly requires otherwise, have the following meanings:
289289 271 “Mixed drink”, distilled spirits, cordials or liqueurs, with or without mixers, that are
290290 272combined on a licensed premises and sold in a sealed container or original container that is
291291 273unopened; provided, that a mixed drink may contain wines and malt beverages in addition to 14 of 27
292292 274distilled spirits, cordials or liqueurs; provided further, that the volume of distilled spirits,
293293 275cordials, liqueurs, wines, malt beverages and mixers contained in said mixed drink shall be of the
294294 276same proportion and same price as if served for on-premises consumption.
295295 277 “Mixer”, a non-alcoholic ingredient in a mixed drink.
296296 278 “Sealed container”, a packaged container with a secure lid or cap designed to prevent
297297 279consumption without removal of the lid or cap; provided, however, that if the packaged container
298298 280has a lid with sipping holes or an opening for straws, said container shall be covered or affixed
299299 281with an additional seal; provided further, that said lid, cap or seal shall be affixed before sale in
300300 282such a way to prevent reopening without it being obvious that said lid, cap or seal was removed
301301 283or broken, which may include tape or a sticking adhesive.
302302 284 (b) Notwithstanding any general or special law to the contrary, an establishment licensed
303303 285to sell all alcoholic beverages, distilled spirits, cordials or liqueurs for on-premises consumption
304304 286may sell mixed drinks for off-premises consumption subject to all the following conditions: (i)
305305 287the mixed drink shall not be sold to a person under 21 years of age; (ii) any delivery of mixed
306306 288drinks for off-premises consumption shall not be made without verification that the person
307307 289receiving the order has attained 21 years of age; (iii) the mixed drink shall be sold in a sealed
308308 290container or an original unopened container; (iv) the mixed drink shall be sold as part of the
309309 291same transaction as the purchase of food, and any order that includes a mixed drink shall be
310310 292placed not later than the hour of which the establishment is licensed to sell alcohol or 12:00
311311 293A.M., whichever time is earlier; provided, that a transaction shall include at least 1 item of food
312312 294prepared on-site sufficient to serve 1 individual; (v) a customer shall be limited to 64 fluid
313313 295ounces of mixed drinks per transaction consistent with clause (iv); and (vi) if the mixed drink in 15 of 27
314314 296a sealed container or an original unopened container is to be transported by a motor vehicle,
315315 297either by delivery or pick-up, the driver of the motor vehicle shall transport the mixed drink in
316316 298the trunk of the motor vehicle or an area that is not considered the passenger area, as defined by
317317 299section 24I of chapter 90.
318318 300 (c) Notwithstanding any general or special law to the contrary, an establishment licensed
319319 301to sell all alcoholic beverages or only wines or malt beverages for on-premises consumption may
320320 302sell wine or malt beverages for off-premises consumption subject to all the following conditions:
321321 303(i) the wine or malt beverage shall not be sold to a person under 21 years of age; (ii) any delivery
322322 304of wine or malt beverages for off-premises consumption shall not be made without verification
323323 305that the person receiving the order has attained 21 years of age; (iii) the wine or malt beverage
324324 306shall be sold in a sealed container or an original unopened container; (iv) the wine or malt
325325 307beverage shall be sold as part of the same transaction as the purchase of food and any order that
326326 308includes wine or a malt beverage shall be placed not later than the hour of which the
327327 309establishment is licensed to sell alcohol or 12:00 A.M., whichever time is earlier; provided, that a
328328 310transaction shall include at least 1 item of food prepared on-site sufficient to serve 1 individual;
329329 311(v) a customer shall be limited to 192 ounces of malt beverage and 1.5 liters of wine per
330330 312transaction consistent with clause (iv); and (vi) if the wine or malt beverage in a sealed container
331331 313or an original unopened container is to be transported by a motor vehicle, either by delivery or
332332 314pick-up, the driver of the motor vehicle shall transport the wine or malt beverage in the trunk of
333333 315the motor vehicle or an area that is not considered the passenger area, as defined by section 24I
334334 316of chapter 90.
335335 317 (d) An establishment licensed to sell alcoholic beverages for on-premises consumption
336336 318shall include an establishment licensed pursuant to section 12, subsection (b) of section 19, 16 of 27
337337 319subsection (n) of section 19B, subsection (n) of section 19C, section 19D, subsection (o) of
338338 320section 19E or section 19H; provided, that an establishment licensed pursuant to said section
339339 32119D shall also hold a license pursuant to said section 12. An establishment selling alcoholic
340340 322beverages for off-premises consumption may only sell alcoholic beverages permitted pursuant to
341341 323their type and category of license.
342342 324 (e)(1) An establishment licensed to sell alcoholic beverages for on-premises consumption
343343 325that delivers any alcoholic beverage for off-premises consumption in a vehicle owned or leased
344344 326by the establishment or its employees shall obtain a transportation permit pursuant to section 22
345345 327for each vehicle used for delivery of alcoholic beverages.
346346 328 (2) An establishment licensed to sell alcoholic beverages for on-premises consumption
347347 329that delivers any alcoholic beverage for off-premises consumption may use a third party with a
348348 330permit for express transportation pursuant to section 22 for delivery of alcoholic beverages.
349349 331 SECTION 11. Section 7A of chapter 167E of the General Laws, as appearing in the 2022
350350 332Official Edition, is hereby amended by inserting after the word “person”, in line 14, the
351351 333following words:- , by synchronous real-time video conference or by telephone.
352352 334 SECTION 12. Section 65C ½ of chapter 171 of the General Laws, as so appearing, is
353353 335hereby amended by inserting after the word “person”, in line 14, the following words:- , by
354354 336synchronous real-time video conference or by telephone.
355355 337 SECTION 13. Section 31A of chapter 20 of the acts of 2021, as amended by section 41
356356 338of chapter 2 of the acts of 2023, is hereby further amended by striking out the words “March 31,
357357 3392024” and inserting in place thereof the following words:- March 31, 2025. 17 of 27
358358 340 SECTION 14. (a) For the purposes of this section, the following words shall, unless the
359359 341context clearly requires otherwise, have the following meanings:
360360 342 “Approved training program”, an existing training program the secretary of
361361 343administration and finance, in consultation with the secretary of labor and workforce
362362 344development, deems sufficient to provide skills and resources to individuals in the emergency
363363 345housing assistance program, established in section 30 of chapter 23B of the General Laws,
364364 346including, but not limited to: (i) workforce and career technical skills training, pursuant to item
365365 3471599-2037 of section 2A of chapter 102 of the acts of 2021; (ii) high-demand workforce training
366366 348programs, pursuant to item 1599-2041 of said section 2A of said chapter 102; (iii) the
367367 349manufacturing pilot program, established pursuant to item 7002-0020 of section 2 of chapter 28
368368 350of the acts of 2023; (iv) the Learn to Earn Initiative program, established pursuant to item 7002-
369369 3511080 of said section 2 of said chapter 28; (v) 1199 SEIU training, pursuant to item 7003-0608 of
370370 352said section 2 of said chapter 28; (vi) Massachusetts AFL-CIO Workforce Development
371371 353Programs, Inc., pursuant to item 7003-1207 of said section 2 of said chapter 28; and (vii) shelter
372372 354workforce development initiative, pursuant to item 7004-0109 of said section 2 of said chapter
373373 35528; provided, that the approved training program shall be available to individuals in non-state-
374374 356funded overflow emergency shelter sites and state-funded overflow emergency shelter sites.
375375 357 “Authorized training program”, a program approved by the secretary of administration
376376 358and finance and the secretary of labor and workforce development that is offered by an employer
377377 359to train qualified trainees; provided, that said program shall assist qualified trainees in
378378 360developing skills and accessing resources to prepare qualified trainees to enter the workforce;
379379 361and provided further, that no authorized training program shall provide compensation to a 18 of 27
380380 362qualified trainee without work authorization and said program shall ensure the qualified trainee
381381 363has no expectation of compensation for training.
382382 364 “Non-state-funded overflow emergency shelter site”, any overflow site that is funded
383383 365through a nonprofit or other non-state entity for eligible families that have been waitlisted for
384384 366placement at an emergency shelter as a result of the emergency housing assistance program,
385385 367established in section 30 of chapter 23B of the General Laws, reaching capacity at 7,500
386386 368families, as identified in the Emergency Assistance Family Shelter declaration issued by the
387387 369secretary of housing and livable communities on October 31, 2023, and the extension of the
388388 370declaration dated February 28, 2024, and any subsequent extensions, pursuant to 760 CMR
389389 37167.10, as inserted by emergency regulations issued by the executive office of housing and livable
390390 372communities on October 31, 2023, and accompanying guidance issued pursuant to said
391391 373declaration and 760 CMR 67.10.
392392 374 “Qualified trainee”, an individual receiving benefits through the emergency housing
393393 375assistance program pursuant to section 30 of chapter 23B of the General Laws and 760 CMR
394394 37667.00 or an individual in an overflow emergency shelter site established in response to the
395395 377capacity limitation on said program pursuant to a declaration issued by the secretary of housing
396396 378and livable communities dated October 31, 2023, the extension of the declaration dated February
397397 37928, 2024 and any subsequent extensions, issued pursuant to 760 CMR 67.10, as inserted by
398398 380emergency regulations issued by the executive office of housing and livable communities on
399399 381October 31, 2023 and accompanying guidance issued pursuant to said declaration and 760 CMR
400400 38267.10, who: (i)(A) has not received work authorization; or (B) is currently unemployed; and (ii)
401401 383is participating in an authorized training program. 19 of 27
402402 384 “State-funded overflow emergency shelter site”, any state-funded overflow site,
403403 385including, but not limited to, any site funded under item 1599-0514 of section 2 of chapter 77 of
404404 386the acts of 2023, for eligible families that have been waitlisted for placement at an emergency
405405 387shelter as a result of the emergency housing assistance program reaching capacity at 7,500
406406 388families, as identified in the Emergency Assistance Family Shelter declaration issued by the
407407 389secretary of housing and livable communities on October 31, 2023, and the extension of the
408408 390declaration dated February 28, 2024, and any subsequent extensions, pursuant to 760 CMR
409409 39167.10, as inserted by emergency regulations issued by the executive office of housing and livable
410410 392communities on October 31, 2023, and accompanying guidance issued pursuant to said
411411 393declaration and 760 CMR 67.10.
412412 394 (b) Notwithstanding any general or special law to the contrary, any state-funded overflow
413413 395emergency shelter site operational as of March 15, 2024 shall serve families and pregnant
414414 396women with no other children until the hour of 9 A.M. each day and no family or pregnant
415415 397woman shall be required to leave the state-funded overflow emergency shelter site prior to 9
416416 398A.M.; provided, that any state-funded overflow emergency shelter site that becomes operational
417417 399after March 15, 2024 shall be open 24 hours per day 7 days per week to provide services to
418418 400families with children and pregnant women with no other children.
419419 401 (c) If multiple state-funded overflow emergency shelter sites are required to maintain
420420 402shelter for newly arriving migrants, refugees and asylum seekers, state-funded overflow
421421 403emergency shelter sites shall be located in geographically diverse areas throughout the
422422 404commonwealth. 20 of 27
423423 405 (d) All state-funded overflow emergency shelter sites and, to the extent feasible, non-
424424 406state-funded overflow emergency shelter sites shall provide information to families about
425425 407authorized training programs and approved training programs offered to provide skills and
426426 408resources to individuals for assistance in entering the workforce; provided, that eligible
427427 409individuals in the family shall be authorized to participate in the authorized training programs
428428 410and the approved training programs; provided further, that all state-funded overflow emergency
429429 411shelter sites and non-state-funded overflow emergency shelter sites shall provide information to
430430 412families and pregnant women about other resources available, including, but not limited to: (i)
431431 413food resources, including food pantries in close proximity to said overflow emergency shelter
432432 414site; (ii) services offered by resettlement agencies; (iii) housing programs; and (iv) other
433433 415available resources from nonprofits or other sources.
434434 416 (e) The secretary of housing and livable communities shall submit to the house and senate
435435 417committees on ways and means not less than every 30 days a report with data for each state-
436436 418funded overflow emergency shelter site and, to the extent feasible, each non-state-funded
437437 419overflow emergency shelter site, including the following information: (i) types of services
438438 420provided to families, including a breakdown of the types of services and hours of availability of
439439 421services; (ii) total number of families; (iii) number of families new to the overflow emergency
440440 422shelter site since the last report; (iv) total number of individuals; (v) number of individuals new
441441 423to the overflow emergency shelter site since the last report; (vi) average length of stay, in days,
442442 424for individuals in an overflow emergency shelter site, including a breakdown of data on: (A) the
443443 425family with the longest length of stay; (B) families that have been placed in the emergency
444444 426shelter assistance program from a state-funded overflow emergency shelter site or non-state-
445445 427funded overflow emergency shelter site; and (C) families that are no longer in the state-funded 21 of 27
446446 428overflow emergency shelter site or non-state-funded overflow emergency shelter site but have
447447 429not been placed in the emergency assistance program; (vii) a procurement record for state-funded
448448 430overflow sites for supplies and services necessary to provide resources and necessities of daily
449449 431living to families; and (viii) efforts made to connect families with additional services or
450450 432programs, including, but not limited to, resettlement agencies, HomeBase or other housing
451451 433programs.
452452 434 SECTION 15. (a) Notwithstanding any general or special law to the contrary, not later
453453 435than April 1, 2024, the governor shall seek from the United States Department of Homeland
454454 436Security any and all federal approvals for a waiver to permit expedited work authorizations,
455455 437temporary work authorizations or provisional work authorizations, including, but not limited to,
456456 438any waiver for said work authorizations pursuant to 8 C.F.R. section 274a.12, as amended, for
457457 439newly arriving migrants, refugees and asylum seekers in the commonwealth to allow said
458458 440migrants, refugees and asylum seekers to create a pathway to work and to aid in alleviating the
459459 441commonwealth’s shelter capacity crisis for which the governor declared a state of emergency on
460460 442August 8, 2023 due to the significant influx of families seeking shelter in response to ongoing
461461 443humanitarian crises and conflicts around the world.
462462 444 (b) The request for a waiver pursuant to subsection (a) shall include: (i) alternative
463463 445approaches for work authorizations to allow for an expedited process in the commonwealth,
464464 446including, but not limited to, requests for expedited work authorizations, temporary work
465465 447authorizations or provisional work authorizations; provided, that 1 alternative approach shall
466466 448include a proposed state sponsorship program allowing the commonwealth to sponsor said
467467 449migrants, refugees and asylum seekers for a state-operated worker program; and (ii) data on the
468468 450current number of migrants, refugees and asylum seekers: 22 of 27
469469 451 (A) in the emergency housing assistance program, pursuant to section 30 of chapter 23B
470470 452of the General Laws, as amended by section 3, and 760 CMR 67.00;
471471 453 (B) in a state-funded overflow emergency shelter site and a non-state funded overflow
472472 454emergency shelter site, as those terms are defined in section 14;
473473 455 (C) ready to enter the workforce upon grant of a work authorization; and
474474 456 (D) participating in training or skills-based learning programs, including but not limited
475475 457to:
476476 458 (1) authorized training programs, as defined in paragraph (1) of subsection (dd) of section
477477 4596 of chapter 62 of the General Laws, as inserted by section 6, and section 38NN of chapter 63 of
478478 460the General Laws, as inserted by section 8; and
479479 461 (2) approved training programs, as defined in said section 30 of said chapter 23B, as
480480 462inserted by section 3, to be ready to enter the workforce upon grant of a work authorization.
481481 463 (c) The waiver request pursuant to subsection (a) shall be publicly available on the
482482 464governor’s website not later than April 1, 2024.
483483 465 SECTION 16. (a) The executive office of administration and finance, in consultation with
484484 466the executive office of housing and livable communities, office for refugees and immigrants and
485485 467the executive office of labor and workforce development, shall submit a report to the house and
486486 468senate committees on ways and means not less than every 30 days on the approved training
487487 469program, as defined in section 30 of chapter 23B of the General Laws, as inserted by section 3.
488488 470Said reports shall include, but shall not be limited to: (i) the total number of individuals
489489 471participating in the approved training program; (ii) the total number of individuals waiting for 23 of 27
490490 472placement to participate in an approved training program; (iii) the list of approved training
491491 473programs approved by the secretary of administration and finance in consultation with the
492492 474secretary of labor and workforce development; (iv) the total number of individuals from the
493493 475emergency assistance shelter system participating in an approved training program; (v) the total
494494 476number of individuals from an overflow emergency shelter site participating in an approved
495495 477training program; (vi) the number of new individuals participating in the approved training
496496 478program since the last report; (vii) the number of new individuals waiting for placement to
497497 479participate in an approved training program since the last report; (viii) the list of approved
498498 480training programs approved by the secretary since the last report; (ix) the number of individuals
499499 481from the emergency assistance shelter system participating in an approved training program
500500 482since the last report; (x) the number of individuals from an overflow emergency shelter site
501501 483participating in an approved training program since the last report; (xi) geographic areas in the
502502 484commonwealth, broken down by municipality, where the approved training programs are
503503 485located; (xii) the total number of individuals who received work authorization while participating
504504 486in an approved training program; (xiii) the number of individuals who received work
505505 487authorization while participating in an approved training program since the last report; (xiv) the
506506 488total number of individuals who were provided notice of the availability of an approved training
507507 489program; and (xv) the number of individuals who were provided notice of the availability of an
508508 490approved training program since the last report.
509509 491 (b) The executive office of administration and finance, in consultation with the executive
510510 492office of housing and livable communities, office for refugees and immigrants and the executive
511511 493office of labor and workforce development, shall submit a report to the house and senate
512512 494committees on ways and means not less than every 30 days on the authorized training program, 24 of 27
513513 495as defined in paragraph (1) of subsection (dd) of section 6 of chapter 62 of the General Laws, as
514514 496inserted by section 6, and section 38NN of chapter 63 of the General Laws, as inserted by section
515515 4978. Said reports shall include, but shall not be limited to: (i) the implementation status of
516516 498authorized training programs; (ii) the total number of employers seeking to offer an authorized
517517 499training program; (iii) the number of employers seeking to offer an authorized training program
518518 500since the last report; (iv) the total number of employers approved by the secretary of
519519 501administration and finance and the secretary of labor and workforce development to offer an
520520 502authorized training program and a breakdown of the industries and geographic area, broken
521521 503down by municipality, where employers are located; (v) the number of employers approved by
522522 504the secretary of administration and finance and secretary of labor and workforce development to
523523 505offer an authorized training program since the last report; (vi) the total number of individuals
524524 506waiting for placement in an authorized training program; (vii) the number of individuals waiting
525525 507for placement in an authorized training program since the last report; (viii) the total number of
526526 508individuals from the emergency assistance shelter system participating in an authorized training
527527 509program; (ix) the number of individuals from the emergency assistance shelter system
528528 510participating in an authorized training program since the last report; (x) the total number of
529529 511individuals from an overflow emergency shelter site participating in an authorized training
530530 512program; (xi) the number of individuals from an overflow emergency shelter site participating in
531531 513an authorized training program since the last report; (xii) the total number of individuals who
532532 514received work authorization while participating in an authorized training program; (xiii) the
533533 515number of individuals who received work authorization while participating in an authorized
534534 516training program since the last report; (xiv) the total number of individuals who were provided
535535 517notice of the availability of an authorized training program; (xv) the total number of individuals 25 of 27
536536 518offered employment by an employer after receiving work authorization and participating in an
537537 519authorized training program; and (xvi) the number of individuals offered employment by an
538538 520employer after receiving work authorization and participating in an authorized training program
539539 521since the last report.
540540 522 SECTION 17. (a) Not later than 30 days after the effective date of this act, the secretary
541541 523of labor and workforce development, in consultation with the secretary of administration and
542542 524finance, shall promulgate regulations or guidance for the administration of the authorized
543543 525training programs established in subsection (dd) of section 6 of chapter 62 of the General Laws,
544544 526as inserted by section 6, and section 38NN of chapter 63 of the General Laws, as inserted by
545545 527section 8, including, but not limited to, requirements to be deemed an authorized training
546546 528program.
547547 529 (b) Not later than 30 days after the effective date of this act, the commissioner of the
548548 530department of revenue, in consultation with the secretary of labor and workforce development
549549 531and the secretary of administration and finance, shall promulgate regulations or guidance for the
550550 532administration of the tax credit established in subsection (dd) of section 6 of chapter 62 of the
551551 533General Laws, as inserted by section 6, and section 38NN of chapter 63 of the General Laws, as
552552 534inserted by section 8.
553553 535 SECTION 17A. Not later than July 30, 2024, the executive office of administration and
554554 536finance, in consultation with the executive office of housing and livable communities and the
555555 537department of elementary and secondary education, shall submit a report to the house and senate
556556 538committees on ways and means with data on students in the emergency housing assistance
557557 539program pursuant to section 30 of chapter 23B of the General Laws, during the 2023-2024 26 of 27
558558 540school year, including, but not limited to: (i) the total number of students in the emergency
559559 541housing assistance program enrolled in public schools, broken down by district; (ii) the total
560560 542number of students in the emergency housing assistance program who required transportation
561561 543services to a school district outside of the district in which they were sheltered and the total
562562 544associated costs of the transportation services, broken down by district; (iii) the total number of
563563 545students per district that required language services, broken down by language; (iv) MCAS score
564564 546data for school districts with students enrolled in the emergency housing assistance program
565565 547within the last 3 school years, broken down by district; and (v) a per pupil cost analysis of all
566566 548expenditures made by school districts with students enrolled in the emergency assistance housing
567567 549program, broken down by district.
568568 550 SECTION 18. Section 14 is hereby repealed.
569569 551 SECTION 19. Section 4 shall take effect on July 1, 2025 or upon the end of the capacity
570570 552limitation on the emergency shelter assistance program pursuant to the declaration issued by the
571571 553secretary of housing and livable communities dated October 31, 2023, the extension of the
572572 554declaration dated February 28, 2024 and any subsequent extensions, issued pursuant to 760 CMR
573573 55567.10, as inserted by emergency regulations issued by the executive office of housing and livable
574574 556communities on October 31, 2023, and accompanying guidance issued pursuant to said
575575 557declaration and 760 CMR 67.10, whichever is sooner.
576576 558 SECTION 20. Sections 5 and 10 shall take effect as of April 1, 2024.
577577 559 SECTION 21. Sections 6 and 8 shall take effect for taxable years beginning on or after
578578 560January 1, 2024. 27 of 27
579579 561 SECTION 22. Sections 7 and 9 shall take effect on January 1, 2026 or in the taxable year
580580 562of the end of the capacity limitation on the emergency shelter assistance program pursuant to a
581581 563declaration issued by the secretary of housing and livable communities dated October 31, 2023,
582582 564the extension of the declaration dated February 28, 2024 and any subsequent extensions, issued
583583 565pursuant to 760 CMR 67.10, as inserted by emergency regulations issued by the executive office
584584 566of housing and livable communities on October 31, 2023 and accompanying guidance issued
585585 567pursuant to said declaration and 760 CMR 67.10, whichever is sooner.
586586 568 SECTION 23. Sections 11 to 13, inclusive, shall take effect as of March 31, 2024.
587587 569 SECTION 24. Section 18 shall take effect 30 days after the closure of the last state-
588588 570funded overflow emergency shelter site or non-state-funded overflow emergency shelter site, as
589589 571those terms are defined in section 14; provided, that if a state-funded overflow emergency shelter
590590 572site or non-state-funded overflow emergency shelter site reopens, or a new state-funded overflow
591591 573emergency shelter site or non-state-funded overflow emergency shelter site opens, for any reason
592592 574all reporting required pursuant to section 14 shall resume until 30 days after closure of the sites.
593593 575 SECTION 25. Notwithstanding any general or special law to the contrary, any funds
594594 576expended for the purpose of providing food through the emergency housing assistance program
595595 577shall be subject to a competitive bidding process.