1 of 33 HOUSE . . . . . . . . . . . . . . No. 4582 The Commonwealth of Massachusetts _______________ The committee of conference on the disagreeing votes of the two branches with reference to the Senate amendment (striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2711) of the House Bill making appropriations for the fiscal year 2024 for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4466), reports, in part, recommending passage of the accompanying bill (House, No. 4582) [Total Appropriation: $266,000,000.00]. April 24, 2024. Aaron MichlewitzMichael J. RodriguesAnn-Margaret FerranteCindy F. Friedman 2 of 33 FILED ON: 4/24/2024 HOUSE . . . . . . . . . . . . . . . No. 4582 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. 3 of 33 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 21subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 222024. Except as otherwise stated, these sums shall be made available through the fiscal year 23ending June 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 4 of 33 33emergency housing assistance program shelters; provided further, that not less than $7,000,000 34shall be expended for resettlement agencies and providers with contracts through the emergency 35housing assistance program to support regional, flexible funds to preserve tenancies and rapidly 36house families through supports including, but not limited to: (i) housing intervention services; 37(ii) financial and administrative assistance in applying for federal work authorization upon 38application for benefits through the emergency housing assistance program; and (iii) English 39language instruction to non-English speaking or limited English speaking families or pregnant 40women receiving benefits through the emergency housing assistance program; provided further, 41that said funds shall be distributed in a manner that shall consider geographic equity; provided 42further, that funds shall be expended for early education programs providing comprehensive 43services to homeless children and families in the emergency housing assistance program, 44including, but not limited to, services for: (i) early education; (ii) health; (iii) mental health; (iv) 45nutrition and (v) family education and resources; provided further, that said funds shall include, 46but shall not be limited to, costs associated with translation services, transportation and 47coordination of services; provided further, that the secretary of administration and finance shall 48notify the house and senate committees on ways and means not less than 14 days prior to any 49transfer of funds from this item; and provided further, that any reporting requirements for this 50item shall be in addition to the reporting required under: (i) item 1599-0514 of section 2A of 51chapter 77 of the acts of 2023; and (ii) sections 20 and 22 of this act…...……….$251,000,000 52 Transitional Escrow Fund……100% 53 SECTION 3. Section 30 of chapter 23B of the General Laws, as amended by sections 120 54and 121 of chapter 7 of the acts of 2023, is hereby further amended by adding the following 55paragraph:- 5 of 33 56 (G)(1) For the purposes of this paragraph, the following words shall, unless the context 57clearly requires otherwise, have the following meanings: 58 “Approved training program”, an existing training program the secretary of 59administration and finance, in consultation with the secretary of labor and workforce 60development, deems sufficient to provide skills and resources to individuals in the emergency 61housing assistance program, including, but not limited to: workforce and career technical skills 62training, pursuant to item 1599-2037 of section 2A of chapter 102 of the acts of 2021; high- 63demand workforce training programs, pursuant to item 1599-2041 of said section 2A of said 64chapter 102; the manufacturing pilot program, established pursuant to item 7002-0020 of section 652 of chapter 28 of the acts of 2023; the Learn to Earn Initiative program, established pursuant to 66item 7002-1080 of said section 2 of said chapter 28; 1199 SEIU training, pursuant to item 7003- 670608 of said section 2 of said chapter 28; Massachusetts AFL-CIO Workforce Development 68Programs, Inc., pursuant to item 7003-1207 of said section 2 of said chapter 28; and shelter 69workforce development initiative, pursuant to item 7004-0109 of said section 2 of said chapter 7028; provided, that the approved training program shall be available to individuals in non-state- 71funded overflow emergency shelter sites and state-funded overflow emergency shelter sites. 72 “Authorized training program”, as defined in paragraph (1) of subsection (dd) of section 736 of chapter 62. 74 “Case management”, participating in individualized state-provided or sponsored services 75to help move the family or pregnant woman toward independence, including, but not limited to: 76participating in workforce training; submitting job applications; taking English classes; or 77engaging in a search for housing. 6 of 33 78 “Imminent placement in housing”, expected and provided in writing by the executive 79office that the family shall obtain housing not later than 1 month from the date on which the 80extension is sought. 81 “Non-state-funded overflow emergency shelter site”, any overflow site that is funded 82through a nonprofit or other non-state entity for eligible families that have been waitlisted for 83placement at an emergency shelter as a result of the emergency housing assistance program 84reaching capacity at 7,500 families, as identified in the Emergency Assistance Family Shelter 85declaration issued by the secretary of housing and livable communities on October 31, 2023, and 86the extension of the declaration dated February 28, 2024, and any subsequent extensions, 87pursuant to 760 CMR 67.10, as inserted by emergency regulations issued by the executive office 88of housing and livable communities on October 31, 2023, and accompanying guidance issued 89pursuant to said declaration and 760 CMR 67.10. 90 “State-funded overflow emergency shelter site”, any state-funded overflow site, 91including, but not limited to, any site funded under item 1599-0514 of section 2 of chapter 77 of 92the acts of 2023, for eligible families that have been waitlisted for placement at an emergency 93shelter as a result of the emergency housing assistance program reaching capacity at 7,500 94families, as identified in the Emergency Assistance Family Shelter declaration issued by the 95secretary of housing and livable communities on October 31, 2023, and the extension of the 96declaration dated February 28, 2024, and any subsequent extensions, pursuant to 760 CMR 9767.10, as inserted by emergency regulations issued by the executive office of housing and livable 98communities on October 31, 2023, and accompanying guidance issued pursuant to said 99declaration and 760 CMR 67.10. 7 of 33 100 (2) The executive office shall complete an individual rehousing plan and case 101management for all families and pregnant women receiving benefits through the emergency 102housing assistance program. The executive office shall ensure, every 60 days, that all families 103and pregnant women who have been in the emergency shelter system for at least 2 months are 104compliant with case management and rehousing efforts. If the executive office certifies that a 105family or pregnant woman with no other children is not compliant as required by this paragraph, 106the family or pregnant woman shall not be eligible for continued participation in the emergency 107housing assistance program. 108 (3) A family with children or a pregnant woman with no other children that receives 109benefits through the emergency housing assistance program shall, subject to appropriation and 110rules and regulations, remain eligible for the program for not more than 9 consecutive months; 111provided, however, that after a family with children or a pregnant woman with no other children 112that receives benefits through the emergency housing assistance program and has received 113benefits for 9 months, the executive office shall review the recipient’s eligibility status for up to 1142 extensions of up to 90 days each pursuant to subparagraph (4). 115 (4) Families and pregnant women with no other children shall be eligible for the program 116for not more than 2 extensions, for a period of up to 90 days each, if eligible individuals in the 117family are: 118 (a)(i) employed; or (ii) participating in an: authorized training program; or approved 119training program; or 120 (b)(i) qualified as a veteran under clause forty-third of section 7 of chapter 4 who is not 121enrolled in services specifically tailored to veterans, including, but not limited to, those 8 of 33 122administered by the executive office of veterans services; (ii) a family or pregnant woman with 123imminent placement in housing; (iii) seeking to avoid educational interruptions for a child or 124children enrolled in public schools; (iv) pregnant or recently having given birth; (v) diagnosed 125with a disability or documented medical condition; (vi) a single parent, stepparent, legal guardian 126or caretaker caring for a disabled child or family member; (vii) a single parent, stepparent, legal 127guardian or caretaker caring for a child or children with insufficient child or dependent care 128necessary to obtain employment or continue employment; (viii) at imminent risk of harm due to 129domestic violence; or (ix) satisfying any additional criteria the secretary of housing and livable 130communities deems necessary pursuant to said guidance issued by the secretary of housing and 131livable communities on October 31, 2023. 132 (5) Notwithstanding the limitations established in subparagraphs (3) and (4), a family or 133pregnant woman with no other children may receive additional extensions upon written 134certification of hardship by the secretary. 135 (6) The executive office shall limit the number of families and pregnant women to be 136terminated from the emergency housing assistance program in any week due to reaching the 137durational limit; provided, that not more 150 families shall be terminated from the emergency 138housing assistance program in any week. The executive office shall provide notice not less than 13990 days prior to the termination of benefits for each family and pregnant woman. 140 (7) The executive office shall promulgate regulations or guidance for eligibility which 141shall: (a) establish procedures for the termination of benefits pursuant to this paragraph, 142including for a hardship waiver under subparagraph (5); and (b) allow a family with children or a 143pregnant woman with no other children to reapply for the emergency housing assistance 9 of 33 144program; provided, that eligibility determinations when reapplying for the program shall be 145consistent with the guidance issued by the secretary of housing and livable communities on 146October 31, 2023, entitled “Emergency Assistance Program Guidance on Waitlist and 147Prioritization Procedures pursuant to Capacity Declaration dated October 31, 2023” pursuant to 148760 CMR 67.10, as inserted by emergency regulations issued by the executive office of housing 149and livable communities on October 31, 2023. 150 (8) The executive office shall provide printed handouts to families with children and 151pregnant women receiving benefits through the emergency housing assistance program which 152shall include, but shall not be limited to, information about: (a) authorized training programs; (b) 153approved training programs; (c) food resources, including food pantries; (d) services offered by 154resettlement agencies; (e) other housing programs; (f) other nonprofit or available resources the 155executive office deems necessary or helpful; and (g) duration of stay limit and extension process. 156All written information shall be translated into multiple languages and shall be available on the 157executive office’s website. 158 (9) This paragraph shall apply during any period in which the secretary of housing and 159livable communities has determined that the shelter system is no longer able to meet all current 160and projected demand for shelter from eligible families considering the facts and circumstances 161then existing in the commonwealth. 162 SECTION 4. Chapter 40A of the General Laws is hereby amended by inserting after 163section 3A the following section:- 164 Section 3B. (a) As used in this section, the following words shall, unless the context 165clearly requires otherwise, have the following meanings: 10 of 33 166 “Commission”, the alcoholic beverages control commission, established by section 70 of 167chapter 10. 168 “Outdoor table service”, restaurant service that includes food prepared on-site and under 169a food establishment permit issued by a municipal authority pursuant to 105 CMR 590.00 that is 170served to seated diners outside the restaurant building envelope, whether on a sidewalk, patio, 171deck, lawn, parking area or other outdoor space. 172 (b) Notwithstanding the provisions of this chapter, any special permit, variance or other 173approval issued thereunder or any general or special law to the contrary, a city or town may 174approve a request for expansion of outdoor table service, including in the description of the 175licensed premises as described in subsection (c), or an extension of an earlier granted approval. 176Before such approval, the mayor, board of selectmen, select board or other chief executive 177officer, as established by charter or special act, shall establish the process for approving such 178requests. Such process shall not be required to comply with the notice and publication provisions 179of section 11. An approval under this section may be exercised immediately upon filing of notice 180thereof with the city or town clerk, without complying with any otherwise applicable recording 181or certification requirements. 182 (c) Pursuant to subsection (b), a local licensing authority may grant approval for a change 183in the description of the licensed premises for the purpose of permitting outdoor alcohol service 184as the local licensing authority deems reasonable and proper and may issue an amended license 185to existing license holders, without further review or approval from the commission prior to 186issuance. Upon approval of an amended license, the local licensing authority shall provide notice 187of the amended license to the commission. Nothing in this section shall prevent the commission 11 of 33 188from exercising the commission’s enforcement authority over an amended license nor limit any 189appeals that can be submitted to the commission pursuant to section 67 of chapter 138. 190 (d) Before approving any request to extend an earlier granted approval, a city, town or 191local licensing authority may modify the scope of the approval as the city, town or local 192licensing authority deems proper and appropriate, including, but not limited to, modifying the 193terms of an earlier granted approval to address potential issues with snow removal, pedestrian 194traffic or similar concerns. 195 SECTION 5. Section 6 of chapter 62 of the General Laws, as most recently amended by 196section 13 of chapter 77 of the acts of 2023, is hereby further amended by adding the following 197subsection:- 198 (dd)(1) As used in this subsection, the following words shall, unless the context clearly 199requires otherwise, have the following meanings: 200 “Authorized training program”, a program approved by the secretary of administration 201and finance and the secretary of labor and workforce development that is offered by an employer 202to train qualified trainees; provided, that said program shall assist qualified trainees in 203developing skills and accessing resources to prepare qualified trainees to enter the workforce; 204and provided further, that no authorized training program shall provide compensation to a 205qualified trainee without work authorization and said program shall ensure the qualified trainee 206has no expectation of compensation for training. 207 “Qualified trainee”, an individual receiving benefits through the emergency housing 208assistance program pursuant to section 30 of chapter 23B and 760 CMR 67.00 or an individual in 209an overflow emergency shelter site established in response to the capacity limitation on said 12 of 33 210program pursuant to a declaration issued by the secretary of housing and livable communities 211dated October 31, 2023, the extension of the declaration dated February 28, 2024 and any 212subsequent extensions, issued pursuant to 760 CMR 67.10, as inserted by emergency regulations 213issued by the executive office of housing and livable communities on October 31, 2023 and 214accompanying guidance issued pursuant to said declaration and 760 CMR 67.10, who: (i)(A) has 215not received work authorization; or (B) is currently unemployed; and (ii) is participating in an 216authorized training program. 217 “Training”, teaching, developing or enhancing skills and knowledge to improve capacity, 218productivity and performance to enter the workforce, including, but not limited to, classes, 219clinics or other hands-on methods. 220 “Work authorization”, federal authorization to work in the United States pursuant to 8 221CFR 274a. 222 (2) A partnership, limited liability corporation or other legal entity that is not a business 223corporation subject to the excise under chapter 63 may be allowed a nonrefundable credit equal 224to $2,500 for each qualified trainee who receives training through an authorized training program 225by said partnership, limited liability corporation or other legal entity in a taxable year. If the 226credit allowed for a taxable year exceeds the taxpayer’s liability for that taxable year, the 227taxpayer may carry forward and apply the credit in the subsequent taxable year. 228 (3) To be eligible for the credit pursuant to paragraph (2), the partnership, limited liability 229corporation or other legal entity shall: (i) have a place of business in the commonwealth; (ii) 230conduct the authorized training program in the commonwealth and in compliance with 231recommendations of the secretary of labor and workforce development pursuant to paragraph 13 of 33 232(5); and (iii) meet any additional requirements determined by the secretary of administration and 233finance and the secretary of labor and workforce development. 234 (4) The total amount of credits that may be authorized in a taxable year pursuant to this 235subsection and section 38NN of chapter 63 shall not exceed $10,000,000. 236 (5) The secretary of labor and workforce development shall: 237 (i) identify industries with the greatest workforce needs in geographically diverse areas of 238the commonwealth in which qualified trainees may be employed after receiving work 239authorization; provided, that the secretary of labor and workforce development shall identify 240industries with varying work experience, education, certification and licensure requirements for 241training; 242 (ii) provide recommendations for training criteria to enable qualified trainees to be 243successful in the workforce; provided, that the secretary of labor and workforce development 244shall provide specific industry recommendations for training; and provided further, that the 245secretary may identify existing training programs that meet said training criteria; and 246 (iii) perform outreach to industries identified as having the greatest workforce needs to 247provide notice of the tax credit program established pursuant to this subsection. 248 SECTION 6. Subsection (dd) of said section 6 of said chapter 62, as inserted by section 2495, is hereby repealed. 250 SECTION 7. Chapter 63 of the General Laws is hereby amended by inserting after 251section 38MM the following section:- 14 of 33 252 Section 38NN. (a) As used in this subsection, the following words shall, unless the 253context clearly requires otherwise, have the following meanings: 254 “Authorized training program”, a program approved by the secretary of administration 255and finance and the secretary of labor and workforce development that is offered by an employer 256to train qualified trainees; provided, that said program shall assist qualified trainees in 257developing skills and accessing resources to prepare qualified trainees to enter the workforce; 258and provided further, that no authorized training program shall provide compensation to a 259qualified trainee without work authorization and said program shall ensure the qualified trainee 260has no expectation of compensation for training. 261 “Qualified trainee”, an individual receiving benefits through the emergency housing 262assistance program pursuant to section 30 of chapter 23B and 760 CMR 67.00 or an individual in 263an overflow emergency shelter site established in response to the capacity limitation on said 264program pursuant to a declaration issued by the secretary of housing and livable communities 265dated October 31, 2023, the extension of the declaration dated February 28, 2024 and any 266subsequent extensions, issued pursuant to 760 CMR 67.10, as inserted by emergency regulations 267issued by the executive office of housing and livable communities on October 31, 2023, and 268accompanying guidance issued pursuant to said declaration and 760 CMR 67.10, who: (i)(A) has 269not received work authorization; or (B) is currently unemployed; and (ii) is participating in an 270authorized training program. 271 “Training”, teaching, developing or enhancing skills and knowledge to improve capacity, 272productivity and performance to enter the workforce, including, but not limited to, classes, 273clinics or other hands-on methods. 15 of 33 274 “Work authorization”, federal authorization to work in the United States pursuant to 8 275CFR 274a. 276 (b) A business corporation may be allowed a nonrefundable credit equal to $2,500 for 277each qualified trainee who receives training through an authorized training program by said 278business corporation in a taxable year. If the credit allowed for a taxable year exceeds the 279taxpayer’s liability for that taxable year, the taxpayer may carry forward and apply the credit in 280the subsequent taxable year. 281 (c) To be eligible for the credit pursuant to subsection (b), the business corporation shall: 282(i) have a place of business in the commonwealth; (ii) conduct the authorized training program in 283the commonwealth and in compliance with recommendations of the secretary of labor and 284workforce development pursuant to subsection (e); and (iii) meet any additional requirements 285determined by the secretary of administration and finance and the secretary of labor and 286workforce development. 287 (d) The total amount of credits that may be authorized in a taxable year pursuant to 288subsection (dd) of section 6 of chapter 62 and this section shall not exceed $10,000,000. 289 (e) The secretary of labor and workforce development shall: 290 (i) identify industries with the greatest workforce needs in geographically diverse areas of 291the commonwealth in which qualified trainees may be employed after receiving work 292authorization; provided, that the secretary of labor and workforce development shall identify 293industries with varying work experience, education, certification and licensure requirements for 294training; 16 of 33 295 (ii) provide recommendations for training criteria to enable qualified trainees to be 296successful in the workforce; provided, that the secretary of labor and workforce development 297shall provide specific industry recommendations for training; and provided further, that the 298secretary may identify existing training programs that meet said training criteria; and 299 (iii) perform outreach to industries identified as having the greatest workforce needs to 300provide notice of the tax credit program established pursuant to this section. 301 SECTION 8. Section 38NN of said chapter 63, as inserted by section 7, is hereby 302repealed. 303 SECTION 9. Section 80B of chapter 112 of the General Laws, as appearing in the 2022 304Official Edition, is hereby amended by adding the following paragraph:- 305 An individual who graduated from a registered nursing or practical nursing program 306approved by the board or who is a senior nursing student attending the last semester of a 307registered nursing or practical nursing program approved by the board may practice nursing; 308provided, that: (i) the individual is employed by or providing health care services at the direction 309of a licensed health care facility or a licensed health care provider; (ii) the individual is directly 310supervised while providing health care services; and (iii) the employing licensed health care 311facility or licensed health care provider has verified that the individual is a graduate of a 312registered nursing or practical nursing program approved by the board or that the individual is a 313senior nursing student attending the last semester of a registered nursing or practical nursing 314program approved by the board. The board shall issue guidance to implement this section that 315shall include guidance regarding the appropriate supervision of nursing students. 17 of 33 316 SECTION 10. Chapter 138 of the General Laws is hereby amended by inserting after 317section 12 the following section:- 318 Section 12½. (a) As used in this section, the following words shall, unless the context 319clearly requires otherwise, have the following meanings: 320 “Mixed drink”, distilled spirits, cordials or liqueurs, with mixers, that are combined on a 321licensed premises and sold in a sealed container; provided, that a mixed drink may contain wines 322and malt beverages in addition to distilled spirits, cordials or liqueurs; and provided further, that 323the volume of distilled spirits, cordials, liqueurs, wines, malt beverages and mixers contained in 324said mixed drink shall be of the same proportion and same price as if served for on-premises 325consumption. 326 “Mixer”, a non-alcoholic ingredient in a mixed drink. 327 “Sealed container”, a packaged container with a secure lid or cap designed to prevent 328consumption without removal of the lid or cap; provided, however, that if the packaged container 329has a lid with sipping holes or an opening for straws, said container shall be covered or affixed 330with an additional seal; provided further, that said lid, cap or seal shall be affixed before sale in 331such a way to prevent reopening without it being obvious that said lid, cap or seal was removed 332or broken, which may include tape or a sticking adhesive. 333 (b) Notwithstanding any general or special law to the contrary, an establishment licensed 334to sell all alcoholic beverages, distilled spirits, cordials or liqueurs for on-premises consumption 335may sell mixed drinks for off-premises consumption subject to all of the following conditions: (i) 336the mixed drink shall not be sold to a person under 21 years of age; (ii) any delivery of mixed 337drinks for off-premises consumption shall not be made without verification that the person 18 of 33 338receiving the order has attained 21 years of age; (iii) the mixed drink shall be sold in a sealed 339container; (iv) the mixed drink shall be sold as part of the same transaction as the purchase of 340food, and any order that includes a mixed drink shall be placed not later than the hour of which 341the establishment is licensed to sell alcohol or 12:00 A.M., whichever time is earlier; provided, 342that a transaction shall include at least 1 item of food prepared on-site sufficient to serve 1 343individual; (v) a customer shall be limited to 64 fluid ounces of mixed drinks per transaction 344consistent with clause (iv); and (vi) if the mixed drink in a sealed container is to be transported 345by a motor vehicle, either by delivery or pick-up, the driver of the motor vehicle shall transport 346the mixed drink in the trunk of the motor vehicle or an area that is not considered the passenger 347area, as defined by section 24I of chapter 90. 348 (c) An establishment licensed to sell alcoholic beverages for on-premises consumption 349shall include an establishment licensed pursuant to section 12, subsection (b) of section 19, 350subsection (n) of section 19B, subsection (n) of section 19C, section 19D, subsection (o) of 351section 19E or section 19H; provided, that an establishment licensed pursuant to said section 35219D shall also hold a license pursuant to said section 12. An establishment selling alcoholic 353beverages for off-premises consumption may only sell alcoholic beverages permitted pursuant to 354their type and category of license. 355 (d)(1) An establishment licensed to sell alcoholic beverages for on-premises consumption 356that delivers any alcoholic beverage for off-premises consumption in a vehicle owned or leased 357by the establishment or its employees shall obtain a transportation permit pursuant to section 22 358for each vehicle used for delivery of alcoholic beverages. 19 of 33 359 (2) An establishment licensed to sell alcoholic beverages for on-premises consumption 360that delivers any alcoholic beverage for off-premises consumption may use a third party with a 361permit for express transportation pursuant to section 22 for delivery of alcoholic beverages. 362 SECTION 11. Section 7A of chapter 167E of the General Laws, as appearing in the 2022 363Official Edition, is hereby amended by inserting after the word “person”, in line 14, the 364following words:- , by synchronous real-time video conference or by telephone. 365 SECTION 12. Section 65C½ of chapter 171 of the General Laws, as so appearing, is 366hereby amended by inserting after the word “person”, in line 14, the following words:- , by 367synchronous real-time video conference or by telephone. 368 SECTION 13. Section 23 of chapter 20 of the acts of 2021, as most recently amended by 369section 39 of chapter 2 of the acts of 2023, is hereby further amended by striking out the figure 370“2024” and inserting in place thereof the following figure:- 2025. 371 SECTION 14. Item 1410-1616 of section 2 of chapter 28 of the acts of 2023 is hereby 372amended by striking out the words “city of Salem to support a Massachusetts national guard 373indoor” and inserting in place thereof the following words:- Massachusetts national guard to 374support an indoor. 375 SECTION 15. Item 7008-1116 of said section 2 of said chapter 28 is hereby amended by 376striking out the words “a nonprofit or similar organization” and inserting in place thereof the 377following words:- the Natick Center Cultural District. 20 of 33 378 SECTION 16. Item 8324-0050 of said section 2 of said chapter 28 is hereby amended by 379striking out the words “a self-contained breathing apparatus vehicle to ensure safety and 380efficiency in” and inserting in place thereof the following words:- equipment for. 381 SECTION 17. Not later than 60 days after the effective date of this act, the executive 382office of housing a livable communities shall submit rules and regulations related to the hardship 383waiver extensions pursuant to subparagraph (7) of paragraph (G) of section 30 of chapter 23B of 384the General Laws, as inserted by section 3, to the house and senate committees on ways and 385means, including, but not limited to, all criteria that would allow the secretary of housing and 386livable communities to approve or deny a hardship waiver and any factors contributing to a 387determination of a hardship waiver. 388 SECTION 18. (a) Not later than 30 days after the effective date of this act, the secretary 389of labor and workforce development, in consultation with the secretary of administration and 390finance, shall promulgate regulations or guidance for the administration of the authorized 391training programs established in subsection (dd) of section 6 of chapter 62 of the General Laws, 392as inserted by section 5, and section 38NN of chapter 63 of the General Laws, as inserted by 393section 7, including, but not limited to, requirements to be deemed an authorized training 394program. 395 (b) Not later than 30 days after the effective date of this act, the commissioner of the 396department of revenue, in consultation with the secretary of labor and workforce development 397and the secretary of administration and finance, shall promulgate regulations or guidance for the 398administration of the tax credit established in subsection (dd) of section 6 of chapter 62 of the 21 of 33 399General Laws, as inserted by section 5, and section 38NN of chapter 63 of the General Laws, as 400inserted by section 7. 401 SECTION 19. The executive office for administration and finance shall submit a 402biweekly report to the house and senate clerks and the house and senate committees on ways and 403means, that shall include, but not be limited to: (i) the reporting required by item 1599-0514 of 404chapter 77 of the acts of 2023; (ii) the current funded capacity of the emergency housing 405assistance program; (iii) the number of families applying for shelter in the previous 14 days; (iv) 406the number of families on the waitlist for services under the emergency housing assistance 407program; (v) a description of the services provided to such families on the waitlist; (vi) the 408current number of families on the waitlist receiving services at overflow shelter sites; (vii) the 409total number of families who have exited the emergency housing assistance program in the 410previous 14 days; (viii) the total number of families on the waitlist who have been placed in 411shelter in the previous 14 days; (ix) the average length of stay for families in the emergency 412housing assistance program; (x) expenditures from the Transitional Escrow Fund in the previous 41314 days in accordance with section 25, delineated by purpose; (xi) total expenditures from the 414Transitional Escrow Fund in accordance with said section 25 since July 1, 2024, delineated by 415purpose; (xii) the number of individuals receiving assistance under the emergency housing 416assistance program that have obtained or have applied to obtain federal work authorization in 417compliance with all applicable state and federal laws; (xiii) the number of new student 418enrollments related to the emergency housing assistance program; (xiv) the number of families 419and pregnant women certified by the executive office of housing and livable communities 420pursuant to paragraph (G) of section 30 of chapter 23B of the General Laws, as inserted by 421section 3; (xv) the number of families and pregnant women that were not certified by the 22 of 33 422executive office of housing and livable communities pursuant to said paragraph (G) of said 423section 30 of said chapter 23B; and (xvi) any efforts undertaken by the executive office for 424administration and finance to secure and maximize federal support and reimbursement for funds 425spent on the emergency housing assistance program. 426 SECTION 20. (a) For the purposes of this section, the following words shall, unless the 427context clearly requires otherwise, have the following meanings: 428 “Approved training program”, an existing training program the secretary of 429administration and finance, in consultation with the secretary of labor and workforce 430development, deems sufficient to provide skills and resources to individuals in the emergency 431housing assistance program, established in section 30 of chapter 23B of the General Laws, 432including, but not limited to: (i) workforce and career technical skills training, pursuant to item 4331599-2037 of section 2A of chapter 102 of the acts of 2021; (ii) high-demand workforce training 434programs, pursuant to item 1599-2041 of said section 2A of said chapter 102; (iii) the 435manufacturing pilot program, established pursuant to item 7002-0020 of section 2 of chapter 28 436of the acts of 2023; (iv) the Learn to Earn Initiative program, established pursuant to item 7002- 4371080 of said section 2 of said chapter 28; (v) 1199 SEIU training, pursuant to item 7003-0608 of 438said section 2 of said chapter 28; (vi) Massachusetts AFL-CIO Workforce Development 439Programs, Inc., pursuant to item 7003-1207 of said section 2 of said chapter 28; and (vii) shelter 440workforce development initiative, pursuant to item 7004-0109 of said section 2 of said chapter 44128; provided, that the approved training program shall be available to individuals in non-state- 442funded overflow emergency shelter sites and state-funded overflow emergency shelter sites. 23 of 33 443 “Authorized training program”, a program approved by the secretary of administration 444and finance and the secretary of labor and workforce development that is offered by an employer 445to train qualified trainees; provided, that said program shall assist qualified trainees in 446developing skills and accessing resources to prepare qualified trainees to enter the workforce; 447and provided further, that no authorized training program shall provide compensation to a 448qualified trainee without work authorization and said program shall ensure the qualified trainee 449has no expectation of compensation for training. 450 “Non-state-funded overflow emergency shelter site”, any overflow site that is funded 451through a nonprofit or other non-state entity for eligible families that have been waitlisted for 452placement at an emergency shelter as a result of the emergency housing assistance program, 453established in section 30 of chapter 23B of the General Laws, reaching capacity at 7,500 454families, as identified in the Emergency Assistance Family Shelter declaration issued by the 455secretary of housing and livable communities on October 31, 2023, and the extension of the 456declaration dated February 28, 2024, and any subsequent extensions issued pursuant to 760 CMR 45767.10, as inserted by emergency regulations issued by the executive office of housing and livable 458communities on October 31, 2023, and accompanying guidance issued pursuant to said 459declaration and 760 CMR 67.10. 460 “Qualified trainee”, an individual receiving benefits through the emergency housing 461assistance program pursuant to section 30 of chapter 23B of the General Laws and 760 CMR 46267.00 or an individual in an overflow emergency shelter site established in response to the 463capacity limitation on said program pursuant to a declaration issued by the secretary of housing 464and livable communities dated October 31, 2023, the extension of the declaration dated February 46528, 2024 and any subsequent extensions, issued pursuant to 760 CMR 67.10, as inserted by 24 of 33 466emergency regulations issued by the executive office of housing and livable communities on 467October 31, 2023 and accompanying guidance issued pursuant to said declaration and 760 CMR 46867.10, who: (i)(A) has not received work authorization; or (B) is currently unemployed; and (ii) 469is participating in an authorized training program. 470 “State-funded overflow emergency shelter site”, any state-funded overflow site, 471including, but not limited to, any site funded under item 1599-0514 of section 2 of chapter 77 of 472the acts of 2023, for eligible families that have been waitlisted for placement at an emergency 473shelter as a result of the emergency housing assistance program reaching capacity at 7,500 474families, as identified in the Emergency Assistance Family Shelter declaration issued by the 475secretary of housing and livable communities on October 31, 2023, and the extension of the 476declaration dated February 28, 2024, and any subsequent extensions, pursuant to 760 CMR 47767.10, as inserted by emergency regulations issued by the executive office of housing and livable 478communities on October 31, 2023, and accompanying guidance issued pursuant to said 479declaration and 760 CMR 67.10. 480 (b) Notwithstanding any general or special law to the contrary, any state-funded overflow 481emergency shelter site operational as of March 15, 2024 shall serve families and pregnant 482women with no other children until the hour of 9 A.M. each day and no family or pregnant 483woman shall be required to leave the state-funded overflow emergency shelter site prior to 9 484A.M.; provided, that any state-funded overflow emergency shelter site that becomes operational 485after March 15, 2024 shall be open 24 hours per day 7 days per week to provide services to 486families with children and pregnant women with no other children. 25 of 33 487 (c) If multiple state-funded overflow emergency shelter sites are required to maintain 488shelter for newly arriving migrants, refugees and asylum seekers, state-funded overflow 489emergency shelter sites shall be located in geographically diverse areas throughout the 490commonwealth. 491 (d) All state-funded overflow emergency shelter sites and, to the extent feasible, non- 492state-funded overflow emergency shelter sites shall provide information to families about 493authorized training programs and approved training programs offered to provide skills and 494resources to individuals for assistance in entering the workforce; provided, that eligible 495individuals in the family shall be authorized to participate in the authorized training programs 496and the approved training programs; and provided further, that all state-funded overflow 497emergency shelter sites and non-state-funded overflow emergency shelter sites shall provide 498information to families and pregnant women about other resources available, including, but not 499limited to: (i) food resources, including food pantries in close proximity to said overflow 500emergency shelter site; (ii) services offered by resettlement agencies; (iii) housing programs; and 501(iv) other available resources from nonprofits or other sources. 502 (e) The secretary of housing and livable communities shall submit to the house and senate 503committees on ways and means not less than every 30 days a report with data for each state- 504funded overflow emergency shelter site and, to the extent feasible, each non-state-funded 505overflow emergency shelter site, including the following information: (i) types of services 506provided to families, including a breakdown of the types of services and hours of availability of 507services; (ii) total number of families; (iii) number of families new to the overflow emergency 508shelter site since the last report; (iv) total number of individuals; (v) number of individuals new 509to the overflow emergency shelter site since the last report; (vi) average length of stay, in days, 26 of 33 510for individuals in an overflow emergency shelter site, including a breakdown of data on: (A) the 511family with the longest length of stay; (B) families that have been placed in the emergency 512shelter assistance program from a state-funded overflow emergency shelter site or non-state- 513funded overflow emergency shelter site; and (C) families that are no longer in the state-funded 514overflow emergency shelter site or non-state-funded overflow emergency shelter site but have 515not been placed in the emergency assistance program; (vii) a procurement record for state-funded 516overflow sites for supplies and services necessary to provide resources and necessities of daily 517living to families; and (viii) efforts made to connect families with additional services or 518programs, including, but not limited to, resettlement agencies, HomeBase or other housing 519programs. 520 SECTION 21. (a) Notwithstanding any general or special law to the contrary, not later 521than May 15, 2024, the governor shall seek from the United States Department of Homeland 522Security any and all federal approvals for a waiver to permit expedited work authorizations, 523temporary work authorizations or provisional work authorizations, including, but not limited to, 524any waiver for said work authorizations pursuant to 8 C.F.R. section 274a.12, as amended, for 525newly arriving migrants, refugees and asylum seekers in the commonwealth to allow said 526migrants, refugees and asylum seekers to create a pathway to work and to aid in alleviating the 527commonwealth’s shelter capacity crisis for which the governor declared a state of emergency on 528August 8, 2023 due to the significant influx of families seeking shelter in response to ongoing 529humanitarian crises and conflicts around the world. 530 (b) The request for a waiver pursuant to subsection (a) shall include: (i) alternative 531approaches for work authorizations to allow for an expedited process in the commonwealth, 532including, but not limited to, requests for expedited work authorizations, temporary work 27 of 33 533authorizations or provisional work authorizations; provided, that 1 alternative approach shall 534include a proposed state sponsorship program allowing the commonwealth to sponsor said 535migrants, refugees and asylum seekers for a state-operated worker program; and (ii) data on the 536current number of migrants, refugees and asylum seekers: 537 (A) in the emergency housing assistance program, pursuant to section 30 of chapter 23B 538of the General Laws, as amended by section 3, and 760 CMR 67.00; 539 (B) in a state-funded overflow emergency shelter site and a non-state funded overflow 540emergency shelter site, as those terms are defined in section 20; 541 (C) ready to enter the workforce upon grant of a work authorization; and 542 (D) participating in training or skills-based learning programs, including, but not limited 543to: 544 (1) authorized training programs, as defined in paragraph (1) of subsection (dd) of section 5456 of chapter 62 of the General Laws, as inserted by section 5, and section 38NN of chapter 63 of 546the General Laws, as inserted by section 7; and 547 (2) approved training programs, as defined in said section 30 of said chapter 23B, as 548inserted by section 3, to be ready to enter the workforce upon grant of a work authorization. 549 (c) The waiver request pursuant to subsection (a) shall be publicly available on the 550governor’s website not later than May 15, 2024. 551 SECTION 22. (a) The executive office for administration and finance, in consultation 552with the executive office of housing and livable communities, the office for refugees and 553immigrants and the executive office of labor and workforce development, shall submit a report to 28 of 33 554the house and senate committees on ways and means not less than every 30 days on the approved 555training program, as defined in paragraph (G) of section 30 of chapter 23B of the General Laws, 556as inserted by section 3. Said reports shall include, but shall not be limited to: (i) the total number 557of individuals participating in the approved training program; (ii) the total number of individuals 558waiting for placement to participate in an approved training program; (iii) the list of approved 559training programs approved by the secretary of administration and finance in consultation with 560the secretary of labor and workforce development; (iv) the total number of individuals from the 561emergency assistance shelter system participating in an approved training program; (v) the total 562number of individuals from an overflow emergency shelter site participating in an approved 563training program; (vi) the number of new individuals participating in the approved training 564program since the last report; (vii) the number of new individuals waiting for placement to 565participate in an approved training program since the last report; (viii) the list of approved 566training programs approved by the secretary since the last report; (ix) the number of individuals 567from the emergency assistance shelter system participating in an approved training program 568since the last report; (x) the number of individuals from an overflow emergency shelter site 569participating in an approved training program since the last report; (xi) geographic areas in the 570commonwealth, broken down by municipality, where the approved training programs are 571located; (xii) the total number of individuals who received work authorization while participating 572in an approved training program; (xiii) the number of individuals who received work 573authorization while participating in an approved training program since the last report; (xiv) the 574total number of individuals who were provided notice of the availability of an approved training 575program; and (xv) the number of individuals who were provided notice of the availability of an 576approved training program since the last report. 29 of 33 577 (b) The executive office for administration and finance, in consultation with the executive 578office of housing and livable communities, the office for refugees and immigrants and the 579executive office of labor and workforce development, shall submit a report to the house and 580senate committees on ways and means not less than every 30 days on the authorized training 581program, as defined in paragraph (1) of subsection (dd) of section 6 of chapter 62 of the General 582Laws, as inserted by section 5, and section 38NN of chapter 63 of the General Laws, as inserted 583by section 7. Said reports shall include, but shall not be limited to: (i) the implementation status 584of authorized training programs; (ii) the total number of employers seeking to offer an authorized 585training program; (iii) the number of employers seeking to offer an authorized training program 586since the last report; (iv) the total number of employers approved by the secretary of 587administration and finance and the secretary of labor and workforce development to offer an 588authorized training program and a breakdown of the industries and geographic area, broken 589down by municipality, where employers are located; (v) the number of employers approved by 590the secretary of administration and finance and secretary of labor and workforce development to 591offer an authorized training program since the last report; (vi) the total number of individuals 592waiting for placement in an authorized training program; (vii) the number of individuals waiting 593for placement in an authorized training program since the last report; (viii) the total number of 594individuals from the emergency assistance shelter system participating in an authorized training 595program; (ix) the number of individuals from the emergency assistance shelter system 596participating in an authorized training program since the last report; (x) the total number of 597individuals from an overflow emergency shelter site participating in an authorized training 598program; (xi) the number of individuals from an overflow emergency shelter site participating in 599an authorized training program since the last report; (xii) the total number of individuals who 30 of 33 600received work authorization while participating in an authorized training program; (xiii) the 601number of individuals who received work authorization while participating in an authorized 602training program since the last report; (xiv) the total number of individuals who were provided 603notice of the availability of an authorized training program; (xv) the total number of individuals 604offered employment by an employer after receiving work authorization and participating in an 605authorized training program; and (xvi) the number of individuals offered employment by an 606employer after receiving work authorization and participating in an authorized training program 607since the last report. 608 SECTION 23. (a) There shall be a special commission to study and make 609recommendations on: (i) the sustainability, efficiency and effectiveness of the emergency 610housing assistance program; (ii) how to best support and ensure the long-term sufficiency of 611those seeking shelter; and (iii) creating a regional based response to support families in need of 612shelter. 613 (b) The special commission shall consist of: a member of the executive branch to be 614appointed by the governor, who is leading efforts to respond to the humanitarian crisis in the 615shelter system, who shall serve as chair; the secretary of housing and livable communities or a 616designee; the secretary of health and human services or a designee; the secretary of 617administration and finance or a designee; the director of the office for refugees and immigrants 618or a designee; the senate and house chairs of the joint committee on housing; the senate and 619house chairs of the joint committee on children, families and persons with disabilities; a member 620appointed by the minority leader of the house; a member appointed by the minority leader of 621senate; and 3 members to be appointed by the governor who shall reflect geographic diversity 31 of 33 622and have expertise in public and affordable housing, homelessness prevention or response or 623immigration and resettlement policy. 624 (c) The special commission shall consider the work and research of past commissions and 625further investigate, evaluate and make recommendations on items, including, but not be limited 626to: (i) examining the financial impact and sustainability of response efforts and the emergency 627housing assistance program; (ii) identifying how existing resources can be allocated to ensure the 628long-term sustainability of emergency housing response efforts and the emergency housing 629assistance program; (iii) reviewing the existing reception and placement structure in the 630commonwealth for families seeking shelter, including immigrants, refugees and homeless 631individuals and families; (iv) evaluating and making recommendations to improve the existing 632structures in the commonwealth for determining eligibility, access to supportive services and 633placements for families seeking housing support or shelter, including immigrants, refugees and 634homeless individuals and families; (v) evaluating and making recommendations to improve the 635efficiency and integration of programs that provide temporary shelter, pathways to permanent 636housing, language capacity and workforce training; (vi) identifying improvements and structures 637necessary to reduce the time families spend in emergency shelter and transition them to more 638stable housing options; (vii) exploring opportunities to maximize the use of federal 639reimbursement for expenditures from the emergency housing assistance program; (viii) 640examining regional strategies to coordinate with local organizations and resettlement agencies to 641maximize resources to help resettle and integrate immigrants and refugees into the community, 642including, but not limited to, stable housing opportunities, wraparound services, language 643lessons, job training programs and pathways to employment and self-sufficiency and state 644benefits and services; (ix) reviewing safety practices and procedures at emergency shelters 32 of 33 645established under the emergency housing assistance program, including hotels and motels used 646for emergency shelter and overflow emergency shelter sites; (x) identifying critical prevention 647strategies and necessary resources and structures to prevent homelessness among the emergency 648housing assistance program benefit recipients; and (xi) identifying any necessary support 649systems to assist recipients of emergency housing assistance program benefits in making 650successful transitions to permanent housing within a specified timeframe. 651 (d) The special commission shall file a report of its findings, including any 652recommendations, with the clerks of the senate and the house of representatives, the house and 653senate committees on ways and means, the joint committee on housing and the joint committee 654on children, families and persons with disabilities not later than December 1, 2024. 655 SECTION 24. Notwithstanding any general or special law to the contrary, any funds 656expended for the purpose of providing food through the emergency housing assistance program 657shall be subject to a competitive bidding process. 658 SECTION 25. Notwithstanding any general or special law to the contrary, following 659written determination by the secretary of administration and finance that funds are necessary to 660support the emergency housing assistance program, the comptroller may transfer not more than 661$175,000,000 from the Transitional Escrow Fund established by section 16 of chapter 76 of the 662acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, to the reserve established 663in item 1599-0514 of section 2A of chapter 77 of the acts of 2023 for the purposes of item 7004- 6640101 of section 2 of chapter 28 of the acts of 2023 and said item 1599-0514 of said section 2A of 665said chapter 77; provided, that the secretary of administration and finance shall provide notice to 666the house and senate committees on ways and means not less than 14 days prior to said transfer. 33 of 33 667 SECTION 26. Section 20 is hereby repealed. 668 SECTION 27. Paragraph (G) of section 30 of chapter 23B of the General Laws, as 669inserted by section 3, shall take effect on June 1, 2024. 670 SECTION 28. Sections and 4 and 10 shall take effect as of April 1, 2024. 671 SECTION 29. Sections 5 and 7 shall take effect for taxable years beginning on or after 672January 1, 2024. 673 SECTION 30. Sections 6 and 8 shall take effect on January 1, 2026 or in the taxable year 674of the end of the capacity limitation on the emergency shelter assistance program pursuant to a 675declaration issued by the secretary of housing and livable communities dated October 31, 2023, 676the extension of the declaration dated February 28, 2024 and any subsequent extensions, issued 677pursuant to 760 CMR 67.10, as inserted by emergency regulations issued by the executive office 678of housing and livable communities on October 31, 2023 and accompanying guidance issued 679pursuant to said declaration and 760 CMR 67.10, whichever is sooner. 680 SECTION 31. Sections 9, 11, 12 and 13, shall take effect as of March 31, 2024. 681 SECTION 32. Section 25 shall take effect on July 1, 2024. 682 SECTION 33. Section 26 shall take effect 30 days after the closure of the last state- 683funded overflow emergency shelter site or non-state-funded overflow emergency shelter site, as 684those terms are defined in section 20; provided, that if a state-funded overflow emergency shelter 685site or non-state-funded overflow emergency shelter site reopens, or a new state-funded overflow 686emergency shelter site or non-state-funded overflow emergency shelter site opens, for any reason 687all reporting required pursuant to section 20 shall resume until 30 days after closure of the sites.