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Massachusetts Senate Bill S2711

Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2711 Compare Versions

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22 SENATE . . . . . . . . . . . . . . No. 2711
33 Senate, March 21, 2024 -- Text of the Senate amendment to the House Bill making
44 appropriations for the fiscal year 2024 to provide for supplementing certain existing
55 appropriations and for certain other activities and projects (House, No. 4466) (being the text of
66 Senate document numbered 2708, printed as amended)
77 The Commonwealth of Massachusetts
88 _______________
99 In the One Hundred and Ninety-Third General Court
1010 (2023-2024)
1111 _______________
1212 1 SECTION 1. To provide for supplementing certain items in the general appropriation act
1313 2and other appropriation acts for fiscal year 2024, the sums set forth in section 2 are hereby
1414 3appropriated from the General Fund or the Transitional Escrow Fund established in section 16 of
1515 4chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, unless
1616 5specifically designated otherwise in this act or in those appropriation acts, for the several
1717 6purposes and subject to the conditions specified in this act or in those appropriation acts and
1818 7subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30,
1919 82024. These sums shall be in addition to any amounts previously appropriated and made
2020 9available for the purposes of those items. Except as otherwise provided, these sums shall be
2121 10made available through the fiscal year ending June 30, 2025.
2222 11 SECTION 2.
2323 12 OFFICE OF THE COMPTROLLER
2424 13 Comptroller
2525 14 1599-3384Settlements and Judgments…………………………$15,000,000 2 of 13
2626 15 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to
2727 16provide for an alteration of purpose for current appropriations and to meet certain requirements
2828 17of law, the sums set forth in this section are hereby appropriated from the General Fund or the
2929 18Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended
3030 19by section 4 of chapter 98 of the acts of 2022, unless specifically designated otherwise in this
3131 20section, for the several purposes and subject to the conditions specified in this section and subject
3232 21to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2024.
3333 22Except as otherwise provided, these sums shall be made available through the fiscal year ending
3434 23June 30, 2025.
3535 24 1599-1213For a reserve to support the commonwealth’s response to the ongoing
3636 25humanitarian crisis and influx of families seeking shelter; provided, that $7,000,000 shall be
3737 26expended to the resettlement agencies and providers with contracts through the emergency
3838 27housing assistance program to support regional, flexible funds to preserve tenancies and rapidly
3939 28house families through supports including, but not limited to: (i) housing intervention services;
4040 29(ii) financial and administrative assistance in applying for federal work authorization upon
4141 30application for benefits through the emergency housing assistance program; and (iii) English
4242 31language instruction to non-English speaking or limited English speaking families or pregnant
4343 32women receiving benefits through the emergency housing assistance program; provided further,
4444 33that said funds shall be distributed in a manner that shall consider geographic equity; provided
4545 34further that not less than $3,000,000 shall be expended for employment training programs,
4646 35including programs offered by local workforce development boards and career centers; and
4747 36provided further that funds appropriated in this item shall be distributed not later than the 30 days
4848 37after the effective date of this act.……….$10,000,000 3 of 13
4949 38 Transitional Escrow Fund……100%
5050 39 SECTION 3. Section 30 of chapter 23B of the General Laws, as most recently amended
5151 40by section 121 of chapter 7 of the acts of 2023, is hereby further amended by inserting after
5252 41subsection (F) the following subsection:-
5353 42 (G) The executive office shall complete an individual rehousing plan for all families and
5454 43pregnant women receiving benefits through the emergency housing assistance program. A family
5555 44with children or a pregnant woman with no other children that receives benefits through the
5656 45emergency housing assistance program shall, subject to appropriation and compliance with
5757 46program rules and regulations, remain eligible for benefits through the program for not less than
5858 479 consecutive months; provided, however, that after a family with children or a pregnant woman
5959 48with no other children who receives benefits through the emergency housing assistance program
6060 49has received benefits through the program for 9 months, the executive office shall review the
6161 50recipient’s eligibility status for extended eligibility for the program. The executive office shall
6262 51grant 1 or more extensions, for not more than 90-day periods, for circumstances including, but
6363 52not limited to: (i)(A) a family or pregnant woman qualifying as a veteran under clause forty-third
6464 53of section 7 of chapter 4 who is not enrolled in services specifically tailored to veterans
6565 54including, but not limited to, those administered by the executive office of veterans services; (B)
6666 55a family or pregnant woman’s imminent placement in housing; (C) avoiding educational
6767 56interruptions for a child or children enrolled in public schools; (D) avoiding loss of employment
6868 57for adult family members; (E) pregnancy or recent birth; (F) a diagnosed disability or
6969 58documented medical condition; (G) being a single parent, stepparent, legal guardian or caretaker
7070 59caring for a disabled child or family member; (H) being a single parent, stepparent, legal
7171 60guardian or caretaker with insufficient child or dependent care necessary to obtain employment 4 of 13
7272 61or continue employment; (I) being at imminent risk of harm due to domestic violence; or (J)
7373 62progress toward receiving work authorization; or (ii) a family or pregnant woman’s compliance
7474 63with the rehousing plan. The executive office shall limit the number of families and pregnant
7575 64women to be terminated from the emergency housing assistance program in any week due to
7676 65reaching the durational limit. The executive office shall provide not less than 90 days’ notice to a
7777 66family or pregnant woman receiving benefits pursuant to this section prior to the termination of
7878 67benefits. The executive office shall provide printed handouts to families with children and
7979 68pregnant women receiving benefits through the emergency housing assistance program which
8080 69shall include, but not be limited to, information about: (i) the duration of stay limit and extension
8181 70process; (ii) workforce training programs; (iii) food resources, including food pantries; (iv)
8282 71services offered by resettlement agencies; (v) other housing assistance programs; and (vi) other
8383 72nonprofit or available resources the executive office deems necessary or helpful. All written
8484 73information shall be translated into multiple languages and shall be available on the executive
8585 74office’s website. This subsection shall apply during any period in which the secretary of housing
8686 75and livable communities has determined that the shelter system is no longer able to meet all
8787 76current and projected demand for shelter from eligible families considering the facts and
8888 77circumstances then existing in the commonwealth.
8989 78 SECTION 4. Chapter 40A of the General Laws is hereby amended by inserting after
9090 79section 3A the following section:-
9191 80 Section 3B. (a) As used in this section, the following words shall have the following
9292 81meanings unless the context clearly requires otherwise: 5 of 13
9393 82 “Commission”, the alcoholic beverages control commission, established by section 70 of
9494 83chapter 10.
9595 84 “Outdoor table service”, restaurant service that includes food prepared on-site and under
9696 85a food establishment permit issued by a municipal authority pursuant to 105 CMR 590.00 that is
9797 86served to seated diners outside the restaurant building envelope, whether on a sidewalk, patio,
9898 87deck, lawn, parking area or other outdoor space.
9999 88 (b) Notwithstanding this chapter, any special permit, variance or other approval issued
100100 89hereunder or any general or special law to the contrary, a city or town may approve a request for
101101 90expansion of outdoor table service, including in the description of the licensed premises as
102102 91described in subsection (c), or an extension of an earlier granted approval. Before such approval,
103103 92the mayor, board of selectmen, select board or other chief executive officer, as established by
104104 93charter or special act, shall establish the process for approving such requests. Such process shall
105105 94not be required to comply with the notice and publication provisions of section 11. An approval
106106 95under this section may be exercised immediately upon filing of notice thereof with the city or
107107 96town clerk, without complying with any otherwise applicable recording or certification
108108 97requirements.
109109 98 (c) Pursuant to subsection (b), a local licensing authority may grant approval for a change
110110 99in the description of the licensed premises for the purpose of permitting outdoor alcohol service,
111111 100as the local licensing authority deems reasonable and proper, and issue an amended license to
112112 101existing license holders, without further review or approval from the commission prior to
113113 102issuance. Upon approval of an amended license, the local licensing authority shall provide notice 6 of 13
114114 103of the amended license to the commission. Nothing in this section shall prevent the commission
115115 104from exercising the commission’s enforcement authority over an amended license.
116116 105 (d) Before approving any request to extend an earlier granted approval, a city, town or
117117 106local licensing authority may modify the scope of the approval as the city, town or local
118118 107licensing authority deems reasonable and proper, including, but not limited to, modifying the
119119 108terms of an earlier granted approval to address potential issues with snow removal, pedestrian
120120 109traffic or similar concerns.
121121 110 SECTION 5. Section 80B of chapter 112 of the General Laws, as appearing in the 2022
122122 111Official Edition, is hereby amended by adding the following paragraph:-
123123 112 An individual who graduated from a registered nursing or practical nursing program
124124 113approved by the board or who is a senior nursing student attending the last semester of a
125125 114registered nursing or practical nursing program approved by the board may practice nursing;
126126 115provided, that: (i) the individual is employed by or providing health care services at the direction
127127 116of a licensed health care facility or a licensed health care provider; (ii) the individual is directly
128128 117supervised while providing health care services; and (iii) the employing licensed health care
129129 118facility or licensed health care provider has verified that the individual is a graduate of a
130130 119registered nursing or practical nursing program approved by the board or that the individual is a
131131 120senior nursing student attending the last semester of a registered nursing or practical nursing
132132 121program approved by the board. The board shall issue guidance to implement this section, which
133133 122shall include guidance regarding the appropriate supervision of nursing students. 7 of 13
134134 123 SECTION 6. Section 23 of chapter 20 of the acts of 2021, as most recently amended by
135135 124section 39 of chapter 2 of the acts of 2023, is hereby further amended by striking out the figure
136136 125“2024” and inserting in place thereof the following figure:- 2025.
137137 126 SECTION 7. Item 1410-1616 of section 2 of chapter 28 of the acts of 2023 is hereby
138138 127amended by striking out the words “city of Salem to support a Massachusetts national guard
139139 128indoor” and inserting in place thereof the following words:- Massachusetts national guard to
140140 129support an indoor.
141141 130 SECTION 8. Item 7008-1116 of said section 2 of said chapter 28 is hereby amended by
142142 131striking out the words “a nonprofit or similar organization” and inserting in place thereof the
143143 132following words:- the Natick Center Cultural District.
144144 133 SECTION 9. Item 8324-0050 of said section 2 of said chapter 28 is hereby amended by
145145 134striking out the words “a self-contained breathing apparatus vehicle to ensure safety and
146146 135efficiency in” and inserting in place thereof the following words:- "equipment for".
147147 136 SECTION 10. Notwithstanding subsection (a) of section 23 of chapter 32B of the
148148 137General Laws, the North Middlesex regional school district shall provide notice to the group
149149 138insurance commission for the transfer of subscribers to the commission which shall occur not
150150 139later than July 1, 2024.
151151 140 SECTION 11. The executive office of housing and livable communities shall promulgate
152152 141regulations or issue guidance regarding eligibility under subsection (G) of section 30 of chapter
153153 14223B of the General Laws which shall: (i) establish procedures for the termination of benefits; and
154154 143(ii) allow a family with children or a pregnant woman with no other children to reapply for the
155155 144emergency housing assistance program. Eligibility determinations for a family or pregnant 8 of 13
156156 145woman reapplying for the program shall be consistent with the guidance issued by the secretary
157157 146of housing and livable communities on October 31, 2023, entitled “Emergency Assistance
158158 147Program Guidance on Waitlist and Prioritization Procedures pursuant to Capacity Declaration
159159 148dated October 31, 2023”, pursuant to 760 CMR 67.10. No benefits shall be terminated under said
160160 149subsection G of said section 30 of said chapter 23B until 90 days after the regulations or
161161 150guidance required under this section are issued.
162162 151 SECTION 12. There shall be a special commission to study and make recommendations
163163 152on: (i) the sustainability, efficiency and effectiveness of the emergency housing assistance
164164 153program; (ii) how to best support and ensure the long-term sufficiency of those seeking shelter;
165165 154and (iii) creating a regional based response to support families in need of shelter.
166166 155 The commission shall consist of: a member of the executive branch to be appointed by
167167 156the governor, who is leading efforts to respond to the humanitarian crisis in the shelter system,
168168 157who shall serve as chair; the secretary of housing and livable communities or a designee; the
169169 158secretary of health and human services or a designee; the secretary of administration and finance
170170 159or a designee; the director of the office for refugees and immigrants or a designee; the senate and
171171 160house chairs of the joint committee on housing; the senate and house chairs of the joint
172172 161committee on children, families and persons with disabilities; a member appointed by the
173173 162minority leader of the house; a member appointed by the minority leader of senate; and 3
174174 163members to be appointed by the governor who shall reflect geographic diversity and have
175175 164expertise in public and affordable housing, homelessness prevention or response or immigration
176176 165and resettlement policy. 9 of 13
177177 166 The commission shall consider the work and research of past commissions and further
178178 167investigate, evaluate and make recommendations on items including, but not be limited to: (i)
179179 168examining the financial impact and sustainability of response efforts and the emergency housing
180180 169assistance program; (ii) identifying how existing resources can be allocated to ensure the long-
181181 170term sustainability of emergency housing response efforts and the emergency housing assistance
182182 171program; (iii) reviewing the existing reception and placement structure in the commonwealth for
183183 172families seeking shelter, including immigrants, refugees and homeless individuals and families;
184184 173(iv) evaluating and making recommendations to improve the existing structures in the
185185 174commonwealth for determining eligibility, access to supportive services and placements for
186186 175families seeking housing support or shelter, including immigrants, refugees and homeless
187187 176families; (v) evaluating and making recommendations to improve the efficiency and integration
188188 177of programs that provide temporary shelter, pathways to permanent housing, language capacity
189189 178and workforce training; (vii) identifying improvements and structures necessary to reduce the
190190 179time families spend in emergency shelter and transition them to more stable housing options;
191191 180(vii) exploring opportunities to maximize the use of federal reimbursement for expenditures from
192192 181the program; (viii) examining regional strategies to coordinate with local organizations and
193193 182resettlement agencies to maximize resources to help resettle and integrate immigrants and
194194 183refugees into the community including, but not limited to, stable housing opportunities,
195195 184wraparound services, language lessons, job training programs and pathways to employment and
196196 185self-sufficiency and state benefits and services; (ix) reviewing safety practices and procedures at
197197 186emergency shelters established under the emergency housing assistance program, including
198198 187hotels and motels used for emergency shelter and overflow emergency shelter sites; (x)
199199 188identifying critical prevention strategies and necessary resources and structures to prevent 10 of 13
200200 189homelessness among the emergency housing assistance program benefit recipients; and (xi)
201201 190identifying any necessary support systems to assist recipients of emergency housing assistance
202202 191program benefits in making successful transitions to permanent housing within a specified
203203 192timeframe.
204204 193 The commission shall file a report of its findings, including any recommendations, with
205205 194the clerks of the senate and the house of representatives, the house and senate committees on
206206 195ways and means, the joint committee on housing and the joint committee on children, families
207207 196and persons with disabilities not later than December 1, 2024.
208208 197 SECTION 13. Notwithstanding any general or special law to the contrary, following
209209 198approval by the secretary of administration and finance, not more than $75,000,000 may be
210210 199expended during any 30 day period from the Transitional Escrow Fund established by section 16
211211 200of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, for
212212 201the purposes appropriated in item 7004-0101 of section 2 of chapter 28 of the acts of 2023 and
213213 202item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be
214214 203subject to appropriation.
215215 204 SECTION 14. Notwithstanding any general or special law to the contrary, following
216216 205approval by the secretary of administration and finance, not more than $65,000,000 shall be
217217 206expended during any 30-day period from the Transitional Escrow Fund established in section 16
218218 207of chapter 76 of the acts of 2021 for the purposes appropriated in item 7004-0101 of section 2 of
219219 208chapter 28 of the acts of 2023 and item 1599-0514 of section 2A of chapter 77 of the acts of
220220 2092023. Such expenditures shall not be subject to appropriation. 11 of 13
221221 210 SECTION 15. Notwithstanding any general or special law to the contrary, following
222222 211approval by the secretary of administration and finance, not more than $55,000,000 may be
223223 212expended during any 30 day period from the Transitional Escrow Fund established by section 16
224224 213of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022 for
225225 214the purposes appropriated in item 7004-0101 of section 2 of chapter 28 of the acts of 2023 and
226226 215item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be
227227 216subject to appropriation.
228228 217 SECTION 16. Notwithstanding any general or special law to the contrary, following
229229 218approval by the secretary of administration and finance, not more than $45,000,000 may be
230230 219expended during any 30 day period from the Transitional Escrow Fund established by section 16
231231 220of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022 for
232232 221the purposes appropriated in item 7004-0101 of section 2 of chapter 28 of the acts of 2023 and
233233 222item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be
234234 223subject to appropriation.
235235 224 SECTION 17. Notwithstanding any general or special law to the contrary, following
236236 225approval by the secretary of administration and finance, not more than $35,000,000 may be
237237 226expended during any 30 day period from the Transitional Escrow Fund established by section 16
238238 227of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022 for
239239 228the purposes appropriated in items 7004-0101 of section 2 of chapter 28 of the acts of 2023 and
240240 229item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be
241241 230subject to appropriation. 12 of 13
242242 231 SECTION 18. The executive office for administration and finance shall submit a
243243 232biweekly report to the house and senate clerks and the house and senate committees on ways and
244244 233means, that shall include, but not be limited to: (i) the reporting required by item 1599-0514 of
245245 234chapter 77 of the acts of 2023; (ii) the current funded capacity of the emergency housing
246246 235assistance program; (iii) the number of families applying for shelter in the previous 14 days; (iv)
247247 236the number of families on the waitlist for services under the emergency housing assistance
248248 237program; (v) a description of the services provided to such families on the waitlist; (vi) the
249249 238current number of families on the waitlist receiving services at overflow shelter sites; (vii) the
250250 239total number of families who have exited the emergency housing assistance program in the
251251 240previous 14 days; (viii) the total number of families on the waitlist who have been placed in
252252 241shelter in the previous 14 days; (ix) the average length of stay for families in the emergency
253253 242housing assistance program; (x) expenditures from the Transitional Escrow Fund in the previous
254254 24314 days in accordance with sections 12, 13, 14, 15, and 16, delineated by purpose; (xi) total
255255 244expenditures from the Transitional Escrow Fund in accordance with sections 12, 13, 14, 15, and
256256 24516 since April 1, 2024, delineated by purpose; (xii) to the extent feasible the country of origin
257257 246and citizenship status of all individuals and families who are receiving assistance under the
258258 247emergency housing assistance program at the time of the report; (xiii) the number of individuals
259259 248receiving assistance under the emergency housing assistance program that have obtained or have
260260 249applied to obtain federal work authorization in compliance with all applicable state and federal
261261 250laws; (xiv) the number of new student enrollments related to the emergency housing assistance
262262 251program; and (xv) any efforts undertaken by the executive office for administration and finance
263263 252to secure and maximize federal support and reimbursement for funds spent on the emergency
264264 253housing assistance program. 13 of 13
265265 254 SECTION 19. Section 13 is hereby repealed.
266266 255 SECTION 20. Section 14 is hereby repealed.
267267 256 SECTION 21. Section 15 is hereby repealed.
268268 257 SECTION 22. Section 16 is hereby repealed.
269269 258 SECTION 23. Section 17 is hereby repealed.
270270 259 SECTION 24. Sections 3 and 11 shall take effect on June 1, 2024.
271271 260 SECTION 25. Section 4 shall take effect on April 1, 2024.
272272 261 SECTION 26. Sections 5 and 6 shall take effect on March 31, 2024.
273273 262 SECTION 27. Sections 10, 14 and 19 shall take effect on July 1, 2024.
274274 263 SECTION 28. Sections 15 and 20 shall take effect on October 1, 2024.
275275 264 SECTION 29. Sections 16 and 21 shall take effect on January 1, 2025.
276276 265 SECTION 30. Sections 17 and 22 shall take effect on April 1, 2025.
277277 266 SECTION 31. Section 23 shall take effect on July 1, 2025.