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2 | 2 | | FILED ON: 2/7/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 58 |
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4 | 4 | | House bill No. 57, as amended and passed to be engrossed by the House. February 6, 2025. |
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5 | 5 | | The Commonwealth of Massachusetts |
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6 | 6 | | _______________ |
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7 | 7 | | In the One Hundred and Ninety-Fourth General Court |
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8 | 8 | | (2025-2026) |
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9 | 9 | | _______________ |
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10 | 10 | | An Act making appropriations for fiscal year 2025 to provide for supplementing certain existing |
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11 | 11 | | appropriations and for certain other activities and projects. |
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12 | 12 | | Whereas, The deferred operation of this act would tend to defeat its purposes, which are |
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13 | 13 | | to make supplemental appropriations for fiscal year 2025 and to make certain changes in law, |
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14 | 14 | | each of which is immediately necessary to carry out those appropriations or to accomplish other |
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15 | 15 | | important public purposes, therefore it is hereby declared to be an emergency law, necessary for |
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16 | 16 | | the immediate preservation of the public convenience. |
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17 | 17 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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18 | 18 | | of the same, as follows: |
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19 | 19 | | 1 SECTION 1. To provide for supplementing certain items in the general appropriation act |
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20 | 20 | | 2and other appropriation acts for fiscal year 2025, the sums set forth in section 2A are hereby |
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21 | 21 | | 3appropriated from the General Fund unless specifically designated otherwise in this act or in |
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22 | 22 | | 4those appropriation acts, for the several purposes and subject to the conditions specified in this |
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23 | 23 | | 5act or in those appropriation acts, and subject to the laws regulating the disbursement of public |
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24 | 24 | | 6funds for the fiscal year ending June 30, 2025. These sums shall be in addition to any amounts |
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25 | 25 | | 7previously appropriated and made available for the purposes of those items. These sums shall be |
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26 | 26 | | 8made available through the fiscal year ending June 30, 2026. 2 of 8 |
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27 | 27 | | 9 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to |
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28 | 28 | | 10provide for an alteration of purpose for current appropriations, and to meet certain requirements |
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29 | 29 | | 11of law, the sums set forth in this section are hereby appropriated from the General Fund or the |
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30 | 30 | | 12Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended |
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31 | 31 | | 13by section 4 of chapter 98 of the acts of 2022, unless specifically designated otherwise in this |
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32 | 32 | | 14section, for the several purposes and subject to the conditions specified in this section, and |
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33 | 33 | | 15subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, |
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34 | 34 | | 162025. Except as otherwise stated, these sums shall be made available through the fiscal year |
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35 | 35 | | 17ending June 30, 2026. |
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36 | 36 | | 18 1599-2625For purposes related to supportive services and safe shelter for unhoused |
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37 | 37 | | 19families in Massachusetts; provided, that the secretary of administration and finance may transfer |
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38 | 38 | | 20funds from this item to state agencies as defined in section 1 of chapter 29 of the General Laws; |
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39 | 39 | | 21provided further, that temporary respite sites shall be available to families upon arrival in the |
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40 | 40 | | 22commonwealth for a period of not more than 30 days; provided further, that funds appropriated |
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41 | 41 | | 23in this item may be expended for any of the purposes described in item 1599-0514 of chapter 77 |
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42 | 42 | | 24of the acts of 2023, item 1599-1213 of chapter 88 of the acts of 2024, and items 7004-0101, |
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43 | 43 | | 257004-0108, and 7004-9316 of chapter 140 of the acts of 2024; provided further, that the secretary |
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44 | 44 | | 26of administration and finance may transfer funds from this item to the Workforce |
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45 | 45 | | 27Competitiveness Trust Fund, established in section 2WWW of chapter 29 of the General Laws, |
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46 | 46 | | 28for work programs targeted at supporting the populations served by this item; and provided |
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47 | 47 | | 29further, that reporting requirements under said items 1599-0514 and 1599-1213 shall apply to |
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48 | 48 | | 30this item as well…………………………………………………………………..….$425,000,000 |
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49 | 49 | | 31 Transitional Escrow Fund……………………….100% 3 of 8 |
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50 | 50 | | 32 SECTION 3. Section 30 of chapter 23B of the General Laws, as appearing in the 2022 |
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51 | 51 | | 33Official Edition, is hereby amended by inserting after paragraph (C) the following paragraph:- |
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52 | 52 | | 34 (C 1/2)(1) The executive office shall require each individual adult applicant or |
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53 | 53 | | 35beneficiary to disclose on their initial or subsequent application for emergency housing |
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54 | 54 | | 36assistance benefits all prior criminal convictions, whether in the commonwealth or another |
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55 | 55 | | 37jurisdiction. The executive office shall not require prior convictions that have been sealed or |
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56 | 56 | | 38expunged to be disclosed. Any adult applicant or beneficiary who fails to disclose prior criminal |
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57 | 57 | | 39convictions consistent with this paragraph shall not be eligible for benefits and any existing |
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58 | 58 | | 40benefits shall be terminated. |
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59 | 59 | | 41 (2) The executive office shall obtain criminal offender record information from the |
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60 | 60 | | 42department of criminal justice information services for each individual adult applicant or |
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61 | 61 | | 43beneficiary prior to placement into the emergency housing assistance program. The executive |
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62 | 62 | | 44office shall establish, through regulations, protocols on information received from the |
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63 | 63 | | 45department of criminal justice information services. |
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64 | 64 | | 46 SECTION 4. Paragraph (G) of said section 30 of said chapter 23B, inserted by section 3 |
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65 | 65 | | 47of chapter 88 of the acts of 2024, is hereby amended by striking out subparagraphs (3) through |
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66 | 66 | | 48(9), inclusive, and inserting in place thereof the following 6 subparagraphs:- |
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67 | 67 | | 49 (3) A family with children or a pregnant woman with no other children that receives |
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68 | 68 | | 50benefits through the emergency housing assistance program shall, subject to appropriation and |
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69 | 69 | | 51rules and regulations, remain eligible for the program for not more than 6 consecutive months. |
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70 | 70 | | 52 (4) Any family or pregnant woman with no other children may receive extensions upon |
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71 | 71 | | 53written certification of hardship by the secretary; provided, however, that hardship waivers shall 4 of 8 |
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72 | 72 | | 54be granted by the secretary for a family with an individual who is: (i) qualified as a veteran under |
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73 | 73 | | 55clause Forty-third of section 7 of chapter 4 who is not enrolled in services specifically tailored to |
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74 | 74 | | 56veterans, including, but not limited to, those administered by the executive office of veterans |
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75 | 75 | | 57services; (ii) under the age of 6; (iii) at imminent risk of harm due to domestic violence; or (iv) |
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76 | 76 | | 58documented as having a disability. |
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77 | 77 | | 59 (5) The executive office shall limit the number of families and pregnant women with no |
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78 | 78 | | 60other children to be terminated from the emergency housing assistance program in any week due |
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79 | 79 | | 61to reaching the durational limit established in subparagraph (3). The executive office shall |
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80 | 80 | | 62provide notice not less than 90 days prior to the termination of benefits for each family and |
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81 | 81 | | 63pregnant woman. |
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82 | 82 | | 64 (6) The executive office shall promulgate regulations or guidance for eligibility which |
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83 | 83 | | 65shall: (a) establish procedures for the termination of benefits pursuant to this paragraph, |
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84 | 84 | | 66including for a hardship waiver under subparagraph (4); and (b) allow a family with children or a |
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85 | 85 | | 67pregnant woman with no other children to reapply for the emergency housing assistance |
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86 | 86 | | 68program; provided, that eligibility determinations when reapplying for the program shall be |
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87 | 87 | | 69consistent with the guidance issued by the secretary of housing and livable communities on |
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88 | 88 | | 70October 31, 2023, entitled “Emergency Assistance Program Guidance on Waitlist and |
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89 | 89 | | 71Prioritization Procedures pursuant to Capacity Declaration dated October 31, 2023” pursuant to |
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90 | 90 | | 72760 CMR 67.10, as inserted by emergency regulations issued by the executive office of housing |
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91 | 91 | | 73and livable communities on October 31, 2023. |
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92 | 92 | | 74 (7) The executive office shall provide printed handouts to families with children and |
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93 | 93 | | 75pregnant women receiving benefits through the emergency housing assistance program which 5 of 8 |
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94 | 94 | | 76shall include, but shall not be limited to, information about: (a) authorized training programs; (b) |
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95 | 95 | | 77approved training programs; (c) food resources, including food pantries; (d) services offered by |
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96 | 96 | | 78resettlement agencies; (e) other housing programs; (f) other nonprofit or available resources the |
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97 | 97 | | 79executive office deems necessary or helpful; and (g) duration of stay limit and extension process. |
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98 | 98 | | 80All written information shall be translated into multiple languages and shall be available on the |
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99 | 99 | | 81executive office’s website. |
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100 | 100 | | 82 (8) This paragraph shall apply during any period in which the secretary of housing and |
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101 | 101 | | 83livable communities has determined that the shelter system is no longer able to meet all current |
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102 | 102 | | 84and projected demand for shelter from eligible families considering the facts and circumstances |
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103 | 103 | | 85then existing in the commonwealth. |
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104 | 104 | | 86 SECTION 5. Said section 30 of said chapter 23B, as amended by said chapter 88, is |
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105 | 105 | | 87hereby further amended by adding the following paragraph:- |
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106 | 106 | | 88 (H) The executive office shall require each adult applicant or beneficiary that joins a |
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107 | 107 | | 89family that is receiving emergency assistance benefits to provide notice to the executive office of |
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108 | 108 | | 90any addition to the family and the executive office shall require a complete review of all |
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109 | 109 | | 91information necessary to verify the individual’s eligibility pursuant to this section and 760 CMR |
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110 | 110 | | 9267.00 or successor regulations. Any adult applicant or beneficiary who fails to report to the |
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111 | 111 | | 93executive office for complete verification of requirements pursuant to this section or 760 CMR |
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112 | 112 | | 9467.00 or successor regulations shall not be eligible for benefits and any existing benefits shall be |
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113 | 113 | | 95terminated. |
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114 | 114 | | 96 SECTION 5A. Section 19 of chapter 88 of the acts of 2024 is hereby amended by striking |
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115 | 115 | | 97out the words “and (xvi) any efforts undertaken by the executive office for administration and 6 of 8 |
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116 | 116 | | 98finance to secure and maximize federal support and reimbursement for funds spent on the |
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117 | 117 | | 99emergency housing assistance program” and inserting in place thereof the following words:- |
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118 | 118 | | 100(xvi) any efforts undertaken by the executive office for administration and finance to secure and |
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119 | 119 | | 101maximize federal support and reimbursement for funds spent on the emergency housing |
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120 | 120 | | 102assistance program; and (xvii) the total weekly number of families who have exited the |
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121 | 121 | | 103emergency housing assistance program by durational limit termination. |
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122 | 122 | | 104 SECTION 6. (a) For the purposes of this section, the following words shall, unless the |
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123 | 123 | | 105context clearly requires otherwise, have the following meanings: |
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124 | 124 | | 106 “Emergency housing assistance program”, a program of emergency housing assistance |
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125 | 125 | | 107pursuant to section 30 of chapter 23B of the General Laws. |
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126 | 126 | | 108 “Executive office”, the executive office of housing and livable communities. |
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127 | 127 | | 109 (b) Notwithstanding item 7004-0101 of section 2 of chapter 140 of the acts of 2024, the |
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128 | 128 | | 110executive office shall: |
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129 | 129 | | 111 (1) require families whose income exceeds 200 per cent of the federal poverty level for 3 |
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130 | 130 | | 112consecutive months to be deemed no longer eligible for the emergency housing assistance |
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131 | 131 | | 113program; |
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132 | 132 | | 114 (2) require that all benefits under said item 7004-0101 shall only be provided to families |
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133 | 133 | | 115consisting entirely of residents of the commonwealth who are citizens of the United States or |
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134 | 134 | | 116persons lawfully admitted for permanent residence or otherwise permanently residing under the |
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135 | 135 | | 117color of law in the United States, except in cases where a child in the family is a citizen of the |
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136 | 136 | | 118United States, a person lawfully admitted or a person permanently residing under color of law; 7 of 8 |
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137 | 137 | | 119 (3) to the extent practicable, make best efforts to place a family within 20 miles of the |
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138 | 138 | | 120household’s home community; |
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139 | 139 | | 121 (4) verify for each applicant: (a) identity; (b) Massachusetts residency pursuant to |
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140 | 140 | | 122paragraph (5); (c) relationship status; (d) pregnancy status; and (e) other eligibility requirements |
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141 | 141 | | 123in said item 7004-0101 and pursuant to 760 CMR 67.00 or any successor regulations, through |
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142 | 142 | | 124third-party verification or otherwise, prior to placement in an emergency shelter. The executive |
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143 | 143 | | 125office shall not be required to provide shelter to families who are unable to provide required |
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144 | 144 | | 126verifications in this section prior to placement; provided, however, that the executive office may |
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145 | 145 | | 127offer a case-specific waiver for exigent circumstances and at the discretion of the executive |
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146 | 146 | | 128office; and provided further, that the executive office shall define through regulations said case- |
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147 | 147 | | 129specific waivers which shall include, but shall not be limited to, an imminent threat of domestic |
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148 | 148 | | 130violence, families with a child under the age of 6, families with a family member who has a |
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149 | 149 | | 131documented disability and a qualified veteran under clause Forty-third of section 7 of chapter 4 |
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150 | 150 | | 132who are not enrolled in services specifically tailored to veterans, including, but not limited to, |
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151 | 151 | | 133those administered by the executive office of veterans services; and |
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152 | 152 | | 134 (5) require each applicant for benefits under the emergency housing assistance program |
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153 | 153 | | 135to establish Massachusetts residency, an applicant shall be required to show an intent to remain |
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154 | 154 | | 136in Massachusetts, which may be shown through sources of verification accepted by the executive |
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155 | 155 | | 137office. The executive office shall promulgate regulations on sources of acceptable verification |
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156 | 156 | | 138which shall include, but shall not be limited to, documentation showing a person receives |
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157 | 157 | | 139MassHealth, documentation showing a person receives public benefits in Massachusetts, a bill or |
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158 | 158 | | 140other insurance documentation with an address, email, letter or statement from a licensed health 8 of 8 |
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159 | 159 | | 141care worker on office letterhead or office email stating that the person lives in Massachusetts or a |
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160 | 160 | | 142Massachusetts photo identification. |
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161 | 161 | | 143 SECTION 7. Notwithstanding section 30 of chapter 23B of the General Laws, beginning |
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162 | 162 | | 144December 31, 2025 through December 31, 2026, the total capacity of the emergency housing |
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163 | 163 | | 145assistance program established pursuant to said section 30 of said chapter 23B shall not exceed |
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164 | 164 | | 1464,000 families. |
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165 | 165 | | 147 SECTION 8. Notwithstanding any general or special law to the contrary, any funds |
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166 | 166 | | 148expended for the purpose of providing services through or related to families and pregnant |
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167 | 167 | | 149women served by the emergency housing assistance program pursuant to section 30 of chapter |
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168 | 168 | | 15023B of the General Laws shall be subject to a competitive bidding process. |
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