Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S16 Compare Versions

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22 SENATE . . . . . . . . . . . . . . No. 16
33 Senate, February 10, 2025 -- Text of the Senate amendment (Senator Rodrigues) to the House
44 Bill making appropriations for fiscal year 2025 to provide for supplementing certain existing
55 appropriations and for certain other activities and projects (House, No. 58)
66 The Commonwealth of Massachusetts
77 _______________
88 In the One Hundred and Ninety-Fourth General Court
99 (2025-2026)
1010 _______________
1111 1 SECTION 1. To provide for supplementing certain items in the general appropriation act
1212 2and other appropriation acts for fiscal year 2025, the sums set forth in section 2A are hereby
1313 3appropriated from the Transitional Escrow Fund established in section 16 of chapter 76 of the
1414 4acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, unless specifically
1515 5designated otherwise in this act or in those appropriation acts, for the several purposes and
1616 6subject to the conditions specified in this act or in those appropriation acts, and subject to the
1717 7laws regulating the disbursement of public funds for the fiscal year ending June 30, 2025. These
1818 8sums shall be in addition to any amounts previously appropriated and made available for the
1919 9purposes of those items. These sums shall be made available through the fiscal year ending June
2020 1030, 2026.
2121 11 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to
2222 12provide for an alteration of purpose for current appropriations and to meet certain requirements
2323 13of law, the sums set forth in this section are hereby appropriated from the Transitional Escrow
2424 14Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of
2525 15chapter 98 of the acts of 2022, unless specifically designated otherwise in this section, for the 2 of 11
2626 16several purposes and subject to the conditions specified in this section, and subject to the laws
2727 17regulating the disbursement of public funds for the fiscal year ending June 30, 2025. Except as
2828 18otherwise stated, these sums shall be made available through the fiscal year ending June 30,
2929 192026.
3030 20 1599-2625For purposes related to supportive services and safe shelter for unhoused
3131 21families in the commonwealth; provided, that the secretary of administration and finance may
3232 22transfer funds from this item to state agencies as defined in section 1 of chapter 29 of the General
3333 23Laws; provided further, that the secretary of administration and finance shall notify the house
3434 24and senate committees on ways and means not less than 14 days prior to any such transfer of
3535 25funds from this item; provided further, that temporary respite sites shall be available to eligible
3636 26families upon arrival in the commonwealth, subject to appropriation, rules, regulations and
3737 27availability, for a period of not more than 30 days, subject to any extensions upon written
3838 28certification by the secretary of housing and livable communities; provided further, that
3939 29temporary respite sites shall be available for a period of not more than 30 days to families who
4040 30appear eligible but are unable to provide sufficient documentation as required by clause (iv) of
4141 31subsection (b) of section 6, subject to appropriation, rules, regulations and availability; provided
4242 32further, that temporary respite sites shall only be available to families who verify their identity
4343 33and provide information sufficient to comply with paragraph (C 1/2) of section 30 of chapter
4444 3423B of the General Laws; provided further, that the length of stay at a temporary respite site shall
4545 35constitute a benefit received under the emergency housing assistance program for the purpose of
4646 36calculating length of stay limit under subparagraph (3) of paragraph (G) of said section 30 of said
4747 37chapter 23B; provided further, that placement in a temporary respite site shall not make a family
4848 38ineligible for the bridge shelter track after proving eligibility pursuant to section 6; provided 3 of 11
4949 39further, that the executive office of housing and livable communities may work with resettlement
5050 40agencies to coordinate the provision of services to families and pregnant women in temporary
5151 41respite centers and shall continue to facilitate the provision of services to said families and
5252 42pregnant women; provided further, that funds appropriated in this item may be expended for any
5353 43purpose under item 1599-0514 of section 2A of chapter 77 of the acts of 2023, item 1599-1213
5454 44of section 2A of chapter 88 of the acts of 2024 and items 7004-0101, 7004-0108 and 7004-9316
5555 45of section 2 of chapter 140 of the acts of 2024; provided further, that the secretary of
5656 46administration and finance may transfer funds from this item to the Workforce Competitiveness
5757 47Trust Fund, established in section 2WWW of chapter 29 of the General Laws, for work programs
5858 48targeted at supporting the populations served by this item; and provided further, that reporting
5959 49requirements under said item 1599-0514 of said section 2A of said chapter 77 and said item
6060 501599-1213 of said section 2A of said chapter 88 shall apply to this item………….$425,000,000
6161 51 SECTION 3. Section 30 of chapter 23B of the General Laws, as most recently amended
6262 52by section 3 of chapter 88 of the acts of 2024, is hereby further amended by inserting after
6363 53paragraph (C) the following paragraph:-
6464 54 (C 1/2)(1) The executive office shall require each individual adult applicant or
6565 55beneficiary to disclose on their initial or subsequent application for emergency housing
6666 56assistance benefits all prior criminal convictions, whether in the commonwealth or another
6767 57jurisdiction. The executive office shall not require prior convictions that have been sealed or
6868 58expunged to be disclosed. An adult applicant or beneficiary who fails to disclose prior criminal
6969 59convictions consistent with this paragraph shall not be eligible for benefits and any existing
7070 60benefits shall be terminated. 4 of 11
7171 61 (2) The executive office shall obtain criminal offender record information from the
7272 62department of criminal justice information services for each individual adult applicant or
7373 63beneficiary prior to placement into the emergency housing assistance program. An adult
7474 64applicant or beneficiary who fails to consent to the executive office obtaining such criminal
7575 65offender record information consistent with this paragraph shall not be eligible for benefits and
7676 66any existing benefits shall be terminated. The executive office shall establish, through
7777 67regulations, protocols on information received from the department of criminal justice
7878 68information services.
7979 69 (3) The executive office shall promulgate regulations placing limitations or exclusions on
8080 70individuals found to have convictions or pending charges for serious crimes, as defined by the
8181 71office by regulation.
8282 72 SECTION 4. Paragraph (G) of said section 30 of said chapter 23B, inserted by section 3
8383 73of chapter 88 of the acts of 2024, is hereby amended by striking out subparagraphs (3) to (9),
8484 74inclusive, and inserting in place thereof the following 6 subparagraphs:-
8585 75 (3) A family with children or a pregnant woman with no other children that receives
8686 76benefits through the emergency housing assistance program shall, subject to appropriation and
8787 77rules, regulations and availability, remain eligible for the program for not more than 6
8888 78consecutive months.
8989 79 (4) A family with children or pregnant woman with no other children that receives
9090 80benefits through the emergency housing assistance program may receive extensions to the length
9191 81of stay limit under subparagraph (3) upon written certification of hardship by the secretary;
9292 82provided, however, that such hardship waivers shall be granted by the secretary for a family with 5 of 11
9393 83an individual who: (i) is qualified as a veteran under clause Forty-third of section 7 of chapter 4
9494 84who is not enrolled in services specifically tailored to veterans, including, but not limited to,
9595 85those administered by the executive office of veterans services; (ii) is at imminent risk of harm
9696 86due to domestic violence; (iii) is documented as having a disability; (iv) has imminent pending
9797 87placement in housing; (v) has a high-risk pregnancy or has recently given birth; or (vi) satisfies
9898 88any additional criteria the secretary of housing and livable communities deems necessary.
9999 89 (5) The executive office shall limit the number of families with children and pregnant
100100 90women with no other children to be terminated from the emergency housing assistance program
101101 91in any week due to reaching the length of stay limit established under subparagraph (3). The
102102 92executive office shall provide notice not less than 90 days prior to the termination of benefits for
103103 93each family and pregnant woman.
104104 94 (6) The executive office shall promulgate regulations or guidance for eligibility which
105105 95shall: (i) establish procedures for the termination of benefits pursuant to this paragraph, including
106106 96for a hardship waiver under subparagraph (4); and (ii) allow a family with children or a pregnant
107107 97woman with no other children to reapply for the emergency housing assistance program;
108108 98provided, however, that eligibility determinations when reapplying for the program shall be
109109 99consistent with the guidance issued by the secretary of housing and livable communities.
110110 100 (7) The executive office shall provide printed handouts to families with children and
111111 101pregnant women receiving benefits through the emergency housing assistance program, which
112112 102shall include, but shall not be limited to, information about: (i) authorized training programs; (ii)
113113 103approved training programs; (iii) food resources, including food pantries; (iv) services offered by
114114 104resettlement agencies; (v) other housing programs; (vi) other nonprofit or available resources the 6 of 11
115115 105executive office deems necessary or helpful; and (vii) length of stay limits and extension process.
116116 106All written information shall be translated into multiple languages and shall be available on the
117117 107executive office’s website.
118118 108 (8) This paragraph shall apply during any period in which the secretary of housing and
119119 109livable communities has determined that the shelter system unable to meet all current and
120120 110projected demand for shelter from eligible families considering the facts and circumstances then
121121 111existing in the commonwealth.
122122 112 SECTION 5. Said section 30 of said chapter 23B, as most recently amended by said
123123 113section 3 of said chapter 88, is hereby further amended by adding the following paragraph:-
124124 114 (H) The executive office shall require each adult applicant or beneficiary that joins a
125125 115family receiving emergency housing assistance to provide notice to the executive office of any
126126 116addition to the family and the executive office shall require a complete review of all information
127127 117necessary to verify the individual’s eligibility pursuant to this section and 760 CMR 67.00 or
128128 118successor regulations. An adult applicant or beneficiary who fails to report to the executive
129129 119office for complete verification of requirements pursuant to this section or 760 CMR 67.00 or
130130 120successor regulations shall not be eligible for benefits and any existing benefits shall be
131131 121terminated.
132132 122 SECTION 6. (a) For the purposes of this section, the following words shall have the
133133 123following meanings unless the context clearly requires otherwise:
134134 124 “Emergency housing assistance program”, the program of emergency housing assistance
135135 125program under section 30 of chapter 23B of the General Laws and funded by item 7004-0101 of
136136 126section 2 of chapter 140 of the acts of 2024. 7 of 11
137137 127 “Executive office”, the executive office of housing and livable communities.
138138 128 (b) Notwithstanding item 7004-0101 of section 2 of chapter 140 of the acts of 2024, the
139139 129executive office shall:
140140 130 (i) require families whose income exceeds 200 per cent of the federal poverty level for 4
141141 131consecutive months to be deemed ineligible for the emergency housing assistance program;
142142 132 (ii) require that all emergency housing assistance program benefits be provided to
143143 133families consisting entirely of residents of the commonwealth who are citizens of the United
144144 134States or persons lawfully admitted for permanent residence or otherwise permanently residing in
145145 135the United States under the color of law, except in cases where a child in the family is a citizen
146146 136of the United States, a person lawfully admitted for permanent residence or a person permanently
147147 137residing in the United States under color of law;
148148 138 (iii) to the extent practicable, make best efforts to place a family within 20 miles of the
149149 139household’s home community;
150150 140 (iv) verify, for each applicant, their: (A) identity; (B) Massachusetts residency pursuant to
151151 141clause (v); (C) relationship status; (D) pregnancy status; and (E) other eligibility requirements
152152 142under said item 7004-0101 of said section 2 of said chapter 140 and pursuant to 760 CMR 67.00
153153 143or any successor regulations, through third-party verification or otherwise, prior to placement in
154154 144an emergency shelter; provided, however, that the executive office shall not be required to
155155 145provide shelter to families who are unable to provide required verifications in this section prior
156156 146to placement; provided further, that the executive office may offer a case-specific waiver for
157157 147exigent circumstances and at the discretion of the executive office; and provided further, that the
158158 148executive office shall establish, through regulations, a criteria for case-specific waivers, which 8 of 11
159159 149shall include, but not be limited to, waivers for: (1) an imminent threat of domestic violence; (2)
160160 150families with a family member who has a documented disability; (3) families with a family
161161 151member who has a high-risk pregnancy or who has recently given birth; and (4) families with a
162162 152qualified veteran under clause Forty-third of section 7 of chapter 4 of the General Laws who is
163163 153not enrolled in services specifically tailored to veterans, including, but not limited to, those
164164 154administered by the executive office of veterans services; and
165165 155 (v) require each applicant for benefits under the emergency housing assistance program
166166 156to establish residency in the commonwealth; provided, however, that an applicant’s family shall
167167 157be required to show an intent to remain in the commonwealth, which may be shown through
168168 158sources of verification accepted by the executive office; provided further, that the executive
169169 159office shall promulgate regulations on sources of acceptable verification which shall include, but
170170 160shall not be limited to, documentation showing a person is enrolled with MassHealth,
171171 161documentation showing a person receives public benefits in the commonwealth, a bill or other
172172 162insurance documentation with an address, an email, letter or statement from a licensed health
173173 163care worker on office letterhead or office email stating that the person resides in the
174174 164commonwealth or a photo identification issued by the commonwealth.
175175 165 (c) An applicant who appears to be eligible for shelter based on statements provided by
176176 166the family and any other information in the possession of the executive office but who need
177177 167additional time to obtain any third-party verifications reasonably required by the executive office
178178 168shall be placed on a waitlist for emergency housing assistance; provided, however, that each
179179 169adult in the family of applicants shall provide proof of identity to be placed on said waitlist. 9 of 11
180180 170 SECTION 7. Notwithstanding section 30 of chapter 23B of the General Laws, for the
181181 171period of December 31, 2025 to December 31, 2026, inclusive, the total capacity of the
182182 172emergency housing assistance program established pursuant to said section 30 of said chapter
183183 17323B shall not exceed 4,000 families.
184184 174 SECTION 8. The executive office for administration and finance shall submit a biweekly
185185 175report to the clerks of the senate and house of representatives and the house and senate
186186 176committees on ways and means that shall include, but not be limited to: (i) reporting under item
187187 1771599-0514 of chapter 77 of the acts of 2023; (ii) reporting required under section 19 of chapter
188188 17888 of the acts of 2024; (iii) the total caseload of the emergency assistance shelter program,
189189 179delineated by rapid shelter track and bridge shelter track; (iv) the number of families who have
190190 180applied for emergency assistance shelter in the previous 14 days, delineated by rapid shelter
191191 181track and bridge shelter track; (v) the number of families who were unable to provide the
192192 182required verification during application as established under section 6 in the previous 14 days;
193193 183(vi) the number of families who were unable to provide the required verifications but were
194194 184granted a case-specific waiver by the secretary of housing and livable communities in the
195195 185previous 14 days; (vii) the number of families on the waitlist for services under the emergency
196196 186assistance shelter program, delineated by rapid shelter track and bridge shelter track; (viii) a
197197 187description of the services provided to such families, delineated by rapid shelter track and bridge
198198 188shelter track; (ix) the total number of families who have exited the emergency assistance shelter
199199 189program in the previous 14 days, delineated by rapid shelter track and bridge shelter track and
200200 190delineating length of stay in emergency shelter of each family; (x) a summary of resources,
201201 191programs and assistance, including, but not limited to, HomeBASE, used by families who exited
202202 192shelter in the previous 14 days, delineated by rapid shelter track and bridge shelter track; (xi) the 10 of 11
203203 193total number of families who exited emergency shelter in the previous 14 days due to the length
204204 194of stay limits, delineated by rapid shelter track and bridge shelter track, and including
205205 195information on resources or supports for those families exiting; (xii) the total number of families
206206 196on the waitlist who have been placed in emergency shelter in the previous 14 days, delineated by
207207 197rapid shelter track and bridge shelter track; (xiii) the total number of individuals in the
208208 198emergency assistance shelter program that are employed; (xiv) the average and median length of
209209 199stay for families currently in the emergency assistance shelter program, delineated by rapid
210210 200shelter track and bridge shelter track; (xv) the total number of families who have applied for a
211211 201hardship waiver established under section 4 and were granted a hardship waiver by the secretary
212212 202of housing and livable communities in the previous 14 days; (xvi) the total number of hotel and
213213 203motel rooms in use in the previous 14 days, delineated by municipality; (xvii) the total number of
214214 204hotel and motel rooms that have been phased out of emergency shelter use in the previous 14
215215 205days, delineated by municipality; and (xviii) the total estimated cost of the emergency assistance
216216 206shelter system for fiscal year 2026 based on projected changes to estimated caseload, capacity
217217 207and other policy changes under this act.
218218 208 SECTION 9. The executive office for administration and finance, in consultation with the
219219 209executive office of housing and livable communities, shall submit a report not later than 60 days
220220 210following the effective date of this act to the clerks of the senate and house of representatives and
221221 211the senate and house committees on ways and means detailing a plan to phase out the use of
222222 212hotels and motels for emergency housing assistance not later than December 31, 2025. The
223223 213report shall include, but shall not be limited to: (i) the total number of hotel and motel rooms to
224224 214be phased out; (ii) the planned number of hotel and motel rooms to be phased out each month;
225225 215(iii) the planned date by which phasing out hotel and motel rooms is to be completed; (iv) the 11 of 11
226226 216methodology to identify and prioritize hotel and motel rooms to phase out; (v) the
227227 217communication protocols or plans to inform stakeholders of changes and support families exiting
228228 218hotels; (vi) the total estimated savings due to phasing out hotel and motel rooms; and (vii) the
229229 219monthly estimated savings due to phasing out hotel and motel rooms.
230230 220 SECTION 10. Not later than July 31, 2025, the executive office of housing and livable
231231 221communities, in coordination with the executive office of health and human services, the
232232 222Massachusetts interagency council on housing and homelessness and family homelessness
233233 223service providers, shall submit a report to the clerks of the senate and house of representatives
234234 224and the senate and house committees on ways and means that shall include, but not be limited to:
235235 225(i) detailed information on the most effective and cost-effective state programs and investments
236236 226for the prevention of family homelessness; (ii) strategic and cost-effective changes to the
237237 227emergency housing assistance program that prevent homelessness and promote stable rehousing;
238238 228and (iii) the impact of various benefit levels for programs, including, but not limited to, the
239239 229residential assistance for families in transition program and the HomeBASE rental assistance
240240 230program, on the prevention of family homelessness and on ensuring stable housing for families
241241 231transitioning out of the emergency housing assistance program.