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SENATE . . . . . . . . . . . . . . No. 2711
Senate, March 21, 2024 -- Text of the Senate amendment to the House Bill making
appropriations for the fiscal year 2024 to provide for supplementing certain existing
appropriations and for certain other activities and projects (House, No. 4466) (being the text of
Senate document numbered 2708, printed as amended)
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
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.
11 SECTION 2.
12 OFFICE OF THE COMPTROLLER
13 Comptroller
14 1599-3384Settlements and Judgments…………………………$15,000,000 2 of 13
15 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to
16provide for an alteration of purpose for current appropriations and to meet certain requirements
17of law, the sums set forth in this section are hereby appropriated from the General Fund or the
18Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended
19by section 4 of chapter 98 of the acts of 2022, unless specifically designated otherwise in this
20section, for the several purposes and subject to the conditions specified in this section and subject
21to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2024.
22Except as otherwise provided, these sums shall be made available through the fiscal year ending
23June 30, 2025.
24 1599-1213For a reserve to support the commonwealth’s response to the ongoing
25humanitarian crisis and influx of families seeking shelter; provided, that $7,000,000 shall be
26expended to the resettlement agencies and providers with contracts through the emergency
27housing assistance program to support regional, flexible funds to preserve tenancies and rapidly
28house families through supports including, but not limited to: (i) housing intervention services;
29(ii) financial and administrative assistance in applying for federal work authorization upon
30application for benefits through the emergency housing assistance program; and (iii) English
31language instruction to non-English speaking or limited English speaking families or pregnant
32women receiving benefits through the emergency housing assistance program; provided further,
33that said funds shall be distributed in a manner that shall consider geographic equity; provided
34further that not less than $3,000,000 shall be expended for employment training programs,
35including programs offered by local workforce development boards and career centers; and
36provided further that funds appropriated in this item shall be distributed not later than the 30 days
37after the effective date of this act.……….$10,000,000 3 of 13
38 Transitional Escrow Fund……100%
39 SECTION 3. Section 30 of chapter 23B of the General Laws, as most recently amended
40by section 121 of chapter 7 of the acts of 2023, is hereby further amended by inserting after
41subsection (F) the following subsection:-
42 (G) The executive office shall complete an individual rehousing plan for all families and
43pregnant women receiving benefits through the emergency housing assistance program. A family
44with children or a pregnant woman with no other children that receives benefits through the
45emergency housing assistance program shall, subject to appropriation and compliance with
46program rules and regulations, remain eligible for benefits through the program for not less than
479 consecutive months; provided, however, that after a family with children or a pregnant woman
48with no other children who receives benefits through the emergency housing assistance program
49has received benefits through the program for 9 months, the executive office shall review the
50recipient’s eligibility status for extended eligibility for the program. The executive office shall
51grant 1 or more extensions, for not more than 90-day periods, for circumstances including, but
52not limited to: (i)(A) a family or pregnant woman qualifying as a veteran under clause forty-third
53of section 7 of chapter 4 who is not enrolled in services specifically tailored to veterans
54including, but not limited to, those administered by the executive office of veterans services; (B)
55a family or pregnant woman’s imminent placement in housing; (C) avoiding educational
56interruptions for a child or children enrolled in public schools; (D) avoiding loss of employment
57for adult family members; (E) pregnancy or recent birth; (F) a diagnosed disability or
58documented medical condition; (G) being a single parent, stepparent, legal guardian or caretaker
59caring for a disabled child or family member; (H) being a single parent, stepparent, legal
60guardian or caretaker with insufficient child or dependent care necessary to obtain employment 4 of 13
61or continue employment; (I) being at imminent risk of harm due to domestic violence; or (J)
62progress toward receiving work authorization; or (ii) a family or pregnant woman’s compliance
63with the rehousing plan. The executive office shall limit the number of families and pregnant
64women to be terminated from the emergency housing assistance program in any week due to
65reaching the durational limit. The executive office shall provide not less than 90 days’ notice to a
66family or pregnant woman receiving benefits pursuant to this section prior to the termination of
67benefits. The executive office shall provide printed handouts to families with children and
68pregnant women receiving benefits through the emergency housing assistance program which
69shall include, but not be limited to, information about: (i) the duration of stay limit and extension
70process; (ii) workforce training programs; (iii) food resources, including food pantries; (iv)
71services offered by resettlement agencies; (v) other housing assistance programs; and (vi) other
72nonprofit or available resources the executive office deems necessary or helpful. All written
73information shall be translated into multiple languages and shall be available on the executive
74office’s website. This subsection shall apply during any period in which the secretary of housing
75and livable communities has determined that the shelter system is no longer able to meet all
76current and projected demand for shelter from eligible families considering the facts and
77circumstances then existing in the commonwealth.
78 SECTION 4. Chapter 40A of the General Laws is hereby amended by inserting after
79section 3A the following section:-
80 Section 3B. (a) As used in this section, the following words shall have the following
81meanings unless the context clearly requires otherwise: 5 of 13
82 “Commission”, the alcoholic beverages control commission, established by section 70 of
83chapter 10.
84 “Outdoor table service”, restaurant service that includes food prepared on-site and under
85a food establishment permit issued by a municipal authority pursuant to 105 CMR 590.00 that is
86served to seated diners outside the restaurant building envelope, whether on a sidewalk, patio,
87deck, lawn, parking area or other outdoor space.
88 (b) Notwithstanding this chapter, any special permit, variance or other approval issued
89hereunder or any general or special law to the contrary, a city or town may approve a request for
90expansion of outdoor table service, including in the description of the licensed premises as
91described in subsection (c), or an extension of an earlier granted approval. Before such approval,
92the mayor, board of selectmen, select board or other chief executive officer, as established by
93charter or special act, shall establish the process for approving such requests. Such process shall
94not be required to comply with the notice and publication provisions of section 11. An approval
95under this section may be exercised immediately upon filing of notice thereof with the city or
96town clerk, without complying with any otherwise applicable recording or certification
97requirements.
98 (c) Pursuant to subsection (b), a local licensing authority may grant approval for a change
99in the description of the licensed premises for the purpose of permitting outdoor alcohol service,
100as the local licensing authority deems reasonable and proper, and issue an amended license to
101existing license holders, without further review or approval from the commission prior to
102issuance. Upon approval of an amended license, the local licensing authority shall provide notice 6 of 13
103of the amended license to the commission. Nothing in this section shall prevent the commission
104from exercising the commission’s enforcement authority over an amended license.
105 (d) Before approving any request to extend an earlier granted approval, a city, town or
106local licensing authority may modify the scope of the approval as the city, town or local
107licensing authority deems reasonable and proper, including, but not limited to, modifying the
108terms of an earlier granted approval to address potential issues with snow removal, pedestrian
109traffic or similar concerns.
110 SECTION 5. Section 80B of chapter 112 of the General Laws, as appearing in the 2022
111Official Edition, is hereby amended by adding the following paragraph:-
112 An individual who graduated from a registered nursing or practical nursing program
113approved by the board or who is a senior nursing student attending the last semester of a
114registered nursing or practical nursing program approved by the board may practice nursing;
115provided, that: (i) the individual is employed by or providing health care services at the direction
116of a licensed health care facility or a licensed health care provider; (ii) the individual is directly
117supervised while providing health care services; and (iii) the employing licensed health care
118facility or licensed health care provider has verified that the individual is a graduate of a
119registered nursing or practical nursing program approved by the board or that the individual is a
120senior nursing student attending the last semester of a registered nursing or practical nursing
121program approved by the board. The board shall issue guidance to implement this section, which
122shall include guidance regarding the appropriate supervision of nursing students. 7 of 13
123 SECTION 6. Section 23 of chapter 20 of the acts of 2021, as most recently amended by
124section 39 of chapter 2 of the acts of 2023, is hereby further amended by striking out the figure
125“2024” and inserting in place thereof the following figure:- 2025.
126 SECTION 7. Item 1410-1616 of section 2 of chapter 28 of the acts of 2023 is hereby
127amended by striking out the words “city of Salem to support a Massachusetts national guard
128indoor” and inserting in place thereof the following words:- Massachusetts national guard to
129support an indoor.
130 SECTION 8. Item 7008-1116 of said section 2 of said chapter 28 is hereby amended by
131striking out the words “a nonprofit or similar organization” and inserting in place thereof the
132following words:- the Natick Center Cultural District.
133 SECTION 9. Item 8324-0050 of said section 2 of said chapter 28 is hereby amended by
134striking out the words “a self-contained breathing apparatus vehicle to ensure safety and
135efficiency in” and inserting in place thereof the following words:- "equipment for".
136 SECTION 10. Notwithstanding subsection (a) of section 23 of chapter 32B of the
137General Laws, the North Middlesex regional school district shall provide notice to the group
138insurance commission for the transfer of subscribers to the commission which shall occur not
139later than July 1, 2024.
140 SECTION 11. The executive office of housing and livable communities shall promulgate
141regulations or issue guidance regarding eligibility under subsection (G) of section 30 of chapter
14223B of the General Laws which shall: (i) establish procedures for the termination of benefits; and
143(ii) allow a family with children or a pregnant woman with no other children to reapply for the
144emergency housing assistance program. Eligibility determinations for a family or pregnant 8 of 13
145woman reapplying for the program shall be consistent with the guidance issued by the secretary
146of housing and livable communities on October 31, 2023, entitled “Emergency Assistance
147Program Guidance on Waitlist and Prioritization Procedures pursuant to Capacity Declaration
148dated October 31, 2023”, pursuant to 760 CMR 67.10. No benefits shall be terminated under said
149subsection G of said section 30 of said chapter 23B until 90 days after the regulations or
150guidance required under this section are issued.
151 SECTION 12. There shall be a special commission to study and make recommendations
152on: (i) the sustainability, efficiency and effectiveness of the emergency housing assistance
153program; (ii) how to best support and ensure the long-term sufficiency of those seeking shelter;
154and (iii) creating a regional based response to support families in need of shelter.
155 The commission shall consist of: a member of the executive branch to be appointed by
156the governor, who is leading efforts to respond to the humanitarian crisis in the shelter system,
157who shall serve as chair; the secretary of housing and livable communities or a designee; the
158secretary of health and human services or a designee; the secretary of administration and finance
159or a designee; the director of the office for refugees and immigrants or a designee; the senate and
160house chairs of the joint committee on housing; the senate and house chairs of the joint
161committee on children, families and persons with disabilities; a member appointed by the
162minority leader of the house; a member appointed by the minority leader of senate; and 3
163members to be appointed by the governor who shall reflect geographic diversity and have
164expertise in public and affordable housing, homelessness prevention or response or immigration
165and resettlement policy. 9 of 13
166 The commission shall consider the work and research of past commissions and further
167investigate, evaluate and make recommendations on items including, but not be limited to: (i)
168examining the financial impact and sustainability of response efforts and the emergency housing
169assistance program; (ii) identifying how existing resources can be allocated to ensure the long-
170term sustainability of emergency housing response efforts and the emergency housing assistance
171program; (iii) reviewing the existing reception and placement structure in the commonwealth for
172families seeking shelter, including immigrants, refugees and homeless individuals and families;
173(iv) evaluating and making recommendations to improve the existing structures in the
174commonwealth for determining eligibility, access to supportive services and placements for
175families seeking housing support or shelter, including immigrants, refugees and homeless
176families; (v) evaluating and making recommendations to improve the efficiency and integration
177of programs that provide temporary shelter, pathways to permanent housing, language capacity
178and workforce training; (vii) identifying improvements and structures necessary to reduce the
179time families spend in emergency shelter and transition them to more stable housing options;
180(vii) exploring opportunities to maximize the use of federal reimbursement for expenditures from
181the program; (viii) examining regional strategies to coordinate with local organizations and
182resettlement agencies to maximize resources to help resettle and integrate immigrants and
183refugees into the community including, but not limited to, stable housing opportunities,
184wraparound services, language lessons, job training programs and pathways to employment and
185self-sufficiency and state benefits and services; (ix) reviewing safety practices and procedures at
186emergency shelters established under the emergency housing assistance program, including
187hotels and motels used for emergency shelter and overflow emergency shelter sites; (x)
188identifying critical prevention strategies and necessary resources and structures to prevent 10 of 13
189homelessness among the emergency housing assistance program benefit recipients; and (xi)
190identifying any necessary support systems to assist recipients of emergency housing assistance
191program benefits in making successful transitions to permanent housing within a specified
192timeframe.
193 The commission shall file a report of its findings, including any recommendations, with
194the clerks of the senate and the house of representatives, the house and senate committees on
195ways and means, the joint committee on housing and the joint committee on children, families
196and persons with disabilities not later than December 1, 2024.
197 SECTION 13. Notwithstanding any general or special law to the contrary, following
198approval by the secretary of administration and finance, not more than $75,000,000 may be
199expended during any 30 day period from the Transitional Escrow Fund established by section 16
200of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, for
201the purposes appropriated in item 7004-0101 of section 2 of chapter 28 of the acts of 2023 and
202item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be
203subject to appropriation.
204 SECTION 14. Notwithstanding any general or special law to the contrary, following
205approval by the secretary of administration and finance, not more than $65,000,000 shall be
206expended during any 30-day period from the Transitional Escrow Fund established in section 16
207of chapter 76 of the acts of 2021 for the purposes appropriated in item 7004-0101 of section 2 of
208chapter 28 of the acts of 2023 and item 1599-0514 of section 2A of chapter 77 of the acts of
2092023. Such expenditures shall not be subject to appropriation. 11 of 13
210 SECTION 15. Notwithstanding any general or special law to the contrary, following
211approval by the secretary of administration and finance, not more than $55,000,000 may be
212expended during any 30 day period from the Transitional Escrow Fund established by section 16
213of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022 for
214the purposes appropriated in item 7004-0101 of section 2 of chapter 28 of the acts of 2023 and
215item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be
216subject to appropriation.
217 SECTION 16. Notwithstanding any general or special law to the contrary, following
218approval by the secretary of administration and finance, not more than $45,000,000 may be
219expended during any 30 day period from the Transitional Escrow Fund established by section 16
220of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022 for
221the purposes appropriated in item 7004-0101 of section 2 of chapter 28 of the acts of 2023 and
222item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be
223subject to appropriation.
224 SECTION 17. Notwithstanding any general or special law to the contrary, following
225approval by the secretary of administration and finance, not more than $35,000,000 may be
226expended during any 30 day period from the Transitional Escrow Fund established by section 16
227of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022 for
228the purposes appropriated in items 7004-0101 of section 2 of chapter 28 of the acts of 2023 and
229item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be
230subject to appropriation. 12 of 13
231 SECTION 18. The executive office for administration and finance shall submit a
232biweekly report to the house and senate clerks and the house and senate committees on ways and
233means, that shall include, but not be limited to: (i) the reporting required by item 1599-0514 of
234chapter 77 of the acts of 2023; (ii) the current funded capacity of the emergency housing
235assistance program; (iii) the number of families applying for shelter in the previous 14 days; (iv)
236the number of families on the waitlist for services under the emergency housing assistance
237program; (v) a description of the services provided to such families on the waitlist; (vi) the
238current number of families on the waitlist receiving services at overflow shelter sites; (vii) the
239total number of families who have exited the emergency housing assistance program in the
240previous 14 days; (viii) the total number of families on the waitlist who have been placed in
241shelter in the previous 14 days; (ix) the average length of stay for families in the emergency
242housing assistance program; (x) expenditures from the Transitional Escrow Fund in the previous
24314 days in accordance with sections 12, 13, 14, 15, and 16, delineated by purpose; (xi) total
244expenditures from the Transitional Escrow Fund in accordance with sections 12, 13, 14, 15, and
24516 since April 1, 2024, delineated by purpose; (xii) to the extent feasible the country of origin
246and citizenship status of all individuals and families who are receiving assistance under the
247emergency housing assistance program at the time of the report; (xiii) the number of individuals
248receiving assistance under the emergency housing assistance program that have obtained or have
249applied to obtain federal work authorization in compliance with all applicable state and federal
250laws; (xiv) the number of new student enrollments related to the emergency housing assistance
251program; and (xv) any efforts undertaken by the executive office for administration and finance
252to secure and maximize federal support and reimbursement for funds spent on the emergency
253housing assistance program. 13 of 13
254 SECTION 19. Section 13 is hereby repealed.
255 SECTION 20. Section 14 is hereby repealed.
256 SECTION 21. Section 15 is hereby repealed.
257 SECTION 22. Section 16 is hereby repealed.
258 SECTION 23. Section 17 is hereby repealed.
259 SECTION 24. Sections 3 and 11 shall take effect on June 1, 2024.
260 SECTION 25. Section 4 shall take effect on April 1, 2024.
261 SECTION 26. Sections 5 and 6 shall take effect on March 31, 2024.
262 SECTION 27. Sections 10, 14 and 19 shall take effect on July 1, 2024.
263 SECTION 28. Sections 15 and 20 shall take effect on October 1, 2024.
264 SECTION 29. Sections 16 and 21 shall take effect on January 1, 2025.
265 SECTION 30. Sections 17 and 22 shall take effect on April 1, 2025.
266 SECTION 31. Section 23 shall take effect on July 1, 2025.