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2 | 2 | | SENATE . . . . . . . . . . . . . . No. 16 |
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3 | 3 | | Senate, February 10, 2025 -- Text of the Senate amendment (Senator Rodrigues) to the House |
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4 | 4 | | Bill making appropriations for fiscal year 2025 to provide for supplementing certain existing |
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5 | 5 | | appropriations and for certain other activities and projects (House, No. 58) |
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6 | 6 | | The Commonwealth of Massachusetts |
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7 | 7 | | _______________ |
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8 | 8 | | In the One Hundred and Ninety-Fourth General Court |
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9 | 9 | | (2025-2026) |
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10 | 10 | | _______________ |
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11 | 11 | | 1 SECTION 1. To provide for supplementing certain items in the general appropriation act |
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12 | 12 | | 2and other appropriation acts for fiscal year 2025, the sums set forth in section 2A are hereby |
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13 | 13 | | 3appropriated from the Transitional Escrow Fund established in section 16 of chapter 76 of the |
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14 | 14 | | 4acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, unless specifically |
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15 | 15 | | 5designated otherwise in this act or in those appropriation acts, for the several purposes and |
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16 | 16 | | 6subject to the conditions specified in this act or in those appropriation acts, and subject to the |
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17 | 17 | | 7laws regulating the disbursement of public funds for the fiscal year ending June 30, 2025. These |
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18 | 18 | | 8sums shall be in addition to any amounts previously appropriated and made available for the |
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19 | 19 | | 9purposes of those items. These sums shall be made available through the fiscal year ending June |
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20 | 20 | | 1030, 2026. |
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21 | 21 | | 11 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to |
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22 | 22 | | 12provide for an alteration of purpose for current appropriations and to meet certain requirements |
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23 | 23 | | 13of law, the sums set forth in this section are hereby appropriated from the Transitional Escrow |
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24 | 24 | | 14Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of |
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25 | 25 | | 15chapter 98 of the acts of 2022, unless specifically designated otherwise in this section, for the 2 of 11 |
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26 | 26 | | 16several purposes and subject to the conditions specified in this section, and subject to the laws |
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27 | 27 | | 17regulating the disbursement of public funds for the fiscal year ending June 30, 2025. Except as |
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28 | 28 | | 18otherwise stated, these sums shall be made available through the fiscal year ending June 30, |
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29 | 29 | | 192026. |
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30 | 30 | | 20 1599-2625For purposes related to supportive services and safe shelter for unhoused |
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31 | 31 | | 21families in the commonwealth; provided, that the secretary of administration and finance may |
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32 | 32 | | 22transfer funds from this item to state agencies as defined in section 1 of chapter 29 of the General |
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33 | 33 | | 23Laws; provided further, that the secretary of administration and finance shall notify the house |
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34 | 34 | | 24and senate committees on ways and means not less than 14 days prior to any such transfer of |
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35 | 35 | | 25funds from this item; provided further, that temporary respite sites shall be available to eligible |
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36 | 36 | | 26families upon arrival in the commonwealth, subject to appropriation, rules, regulations and |
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37 | 37 | | 27availability, for a period of not more than 30 days, subject to any extensions upon written |
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38 | 38 | | 28certification by the secretary of housing and livable communities; provided further, that |
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39 | 39 | | 29temporary respite sites shall be available for a period of not more than 30 days to families who |
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40 | 40 | | 30appear eligible but are unable to provide sufficient documentation as required by clause (iv) of |
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41 | 41 | | 31subsection (b) of section 6, subject to appropriation, rules, regulations and availability; provided |
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42 | 42 | | 32further, that temporary respite sites shall only be available to families who verify their identity |
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43 | 43 | | 33and provide information sufficient to comply with paragraph (C 1/2) of section 30 of chapter |
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44 | 44 | | 3423B of the General Laws; provided further, that the length of stay at a temporary respite site shall |
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45 | 45 | | 35constitute a benefit received under the emergency housing assistance program for the purpose of |
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46 | 46 | | 36calculating length of stay limit under subparagraph (3) of paragraph (G) of said section 30 of said |
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47 | 47 | | 37chapter 23B; provided further, that placement in a temporary respite site shall not make a family |
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48 | 48 | | 38ineligible for the bridge shelter track after proving eligibility pursuant to section 6; provided 3 of 11 |
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49 | 49 | | 39further, that the executive office of housing and livable communities may work with resettlement |
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50 | 50 | | 40agencies to coordinate the provision of services to families and pregnant women in temporary |
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51 | 51 | | 41respite centers and shall continue to facilitate the provision of services to said families and |
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52 | 52 | | 42pregnant women; provided further, that funds appropriated in this item may be expended for any |
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53 | 53 | | 43purpose under item 1599-0514 of section 2A of chapter 77 of the acts of 2023, item 1599-1213 |
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54 | 54 | | 44of section 2A of chapter 88 of the acts of 2024 and items 7004-0101, 7004-0108 and 7004-9316 |
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55 | 55 | | 45of section 2 of chapter 140 of the acts of 2024; provided further, that the secretary of |
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56 | 56 | | 46administration and finance may transfer funds from this item to the Workforce Competitiveness |
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57 | 57 | | 47Trust Fund, established in section 2WWW of chapter 29 of the General Laws, for work programs |
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58 | 58 | | 48targeted at supporting the populations served by this item; and provided further, that reporting |
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59 | 59 | | 49requirements under said item 1599-0514 of said section 2A of said chapter 77 and said item |
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60 | 60 | | 501599-1213 of said section 2A of said chapter 88 shall apply to this item………….$425,000,000 |
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61 | 61 | | 51 SECTION 3. Section 30 of chapter 23B of the General Laws, as most recently amended |
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62 | 62 | | 52by section 3 of chapter 88 of the acts of 2024, is hereby further amended by inserting after |
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63 | 63 | | 53paragraph (C) the following paragraph:- |
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64 | 64 | | 54 (C 1/2)(1) The executive office shall require each individual adult applicant or |
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65 | 65 | | 55beneficiary to disclose on their initial or subsequent application for emergency housing |
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66 | 66 | | 56assistance benefits all prior criminal convictions, whether in the commonwealth or another |
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67 | 67 | | 57jurisdiction. The executive office shall not require prior convictions that have been sealed or |
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68 | 68 | | 58expunged to be disclosed. An adult applicant or beneficiary who fails to disclose prior criminal |
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69 | 69 | | 59convictions consistent with this paragraph shall not be eligible for benefits and any existing |
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70 | 70 | | 60benefits shall be terminated. 4 of 11 |
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71 | 71 | | 61 (2) The executive office shall obtain criminal offender record information from the |
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72 | 72 | | 62department of criminal justice information services for each individual adult applicant or |
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73 | 73 | | 63beneficiary prior to placement into the emergency housing assistance program. An adult |
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74 | 74 | | 64applicant or beneficiary who fails to consent to the executive office obtaining such criminal |
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75 | 75 | | 65offender record information consistent with this paragraph shall not be eligible for benefits and |
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76 | 76 | | 66any existing benefits shall be terminated. The executive office shall establish, through |
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77 | 77 | | 67regulations, protocols on information received from the department of criminal justice |
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78 | 78 | | 68information services. |
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79 | 79 | | 69 (3) The executive office shall promulgate regulations placing limitations or exclusions on |
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80 | 80 | | 70individuals found to have convictions or pending charges for serious crimes, as defined by the |
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81 | 81 | | 71office by regulation. |
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82 | 82 | | 72 SECTION 4. Paragraph (G) of said section 30 of said chapter 23B, inserted by section 3 |
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83 | 83 | | 73of chapter 88 of the acts of 2024, is hereby amended by striking out subparagraphs (3) to (9), |
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84 | 84 | | 74inclusive, and inserting in place thereof the following 6 subparagraphs:- |
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85 | 85 | | 75 (3) A family with children or a pregnant woman with no other children that receives |
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86 | 86 | | 76benefits through the emergency housing assistance program shall, subject to appropriation and |
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87 | 87 | | 77rules, regulations and availability, remain eligible for the program for not more than 6 |
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88 | 88 | | 78consecutive months. |
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89 | 89 | | 79 (4) A family with children or pregnant woman with no other children that receives |
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90 | 90 | | 80benefits through the emergency housing assistance program may receive extensions to the length |
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91 | 91 | | 81of stay limit under subparagraph (3) upon written certification of hardship by the secretary; |
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92 | 92 | | 82provided, however, that such hardship waivers shall be granted by the secretary for a family with 5 of 11 |
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93 | 93 | | 83an individual who: (i) is qualified as a veteran under clause Forty-third of section 7 of chapter 4 |
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94 | 94 | | 84who is not enrolled in services specifically tailored to veterans, including, but not limited to, |
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95 | 95 | | 85those administered by the executive office of veterans services; (ii) is at imminent risk of harm |
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96 | 96 | | 86due to domestic violence; (iii) is documented as having a disability; (iv) has imminent pending |
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97 | 97 | | 87placement in housing; (v) has a high-risk pregnancy or has recently given birth; or (vi) satisfies |
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98 | 98 | | 88any additional criteria the secretary of housing and livable communities deems necessary. |
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99 | 99 | | 89 (5) The executive office shall limit the number of families with children and pregnant |
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100 | 100 | | 90women with no other children to be terminated from the emergency housing assistance program |
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101 | 101 | | 91in any week due to reaching the length of stay limit established under subparagraph (3). The |
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102 | 102 | | 92executive office shall provide notice not less than 90 days prior to the termination of benefits for |
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103 | 103 | | 93each family and pregnant woman. |
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104 | 104 | | 94 (6) The executive office shall promulgate regulations or guidance for eligibility which |
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105 | 105 | | 95shall: (i) establish procedures for the termination of benefits pursuant to this paragraph, including |
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106 | 106 | | 96for a hardship waiver under subparagraph (4); and (ii) allow a family with children or a pregnant |
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107 | 107 | | 97woman with no other children to reapply for the emergency housing assistance program; |
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108 | 108 | | 98provided, however, that eligibility determinations when reapplying for the program shall be |
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109 | 109 | | 99consistent with the guidance issued by the secretary of housing and livable communities. |
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110 | 110 | | 100 (7) The executive office shall provide printed handouts to families with children and |
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111 | 111 | | 101pregnant women receiving benefits through the emergency housing assistance program, which |
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112 | 112 | | 102shall include, but shall not be limited to, information about: (i) authorized training programs; (ii) |
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113 | 113 | | 103approved training programs; (iii) food resources, including food pantries; (iv) services offered by |
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114 | 114 | | 104resettlement agencies; (v) other housing programs; (vi) other nonprofit or available resources the 6 of 11 |
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115 | 115 | | 105executive office deems necessary or helpful; and (vii) length of stay limits and extension process. |
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116 | 116 | | 106All written information shall be translated into multiple languages and shall be available on the |
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117 | 117 | | 107executive office’s website. |
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118 | 118 | | 108 (8) This paragraph shall apply during any period in which the secretary of housing and |
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119 | 119 | | 109livable communities has determined that the shelter system unable to meet all current and |
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120 | 120 | | 110projected demand for shelter from eligible families considering the facts and circumstances then |
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121 | 121 | | 111existing in the commonwealth. |
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122 | 122 | | 112 SECTION 5. Said section 30 of said chapter 23B, as most recently amended by said |
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123 | 123 | | 113section 3 of said chapter 88, is hereby further amended by adding the following paragraph:- |
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124 | 124 | | 114 (H) The executive office shall require each adult applicant or beneficiary that joins a |
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125 | 125 | | 115family receiving emergency housing assistance to provide notice to the executive office of any |
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126 | 126 | | 116addition to the family and the executive office shall require a complete review of all information |
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127 | 127 | | 117necessary to verify the individual’s eligibility pursuant to this section and 760 CMR 67.00 or |
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128 | 128 | | 118successor regulations. An adult applicant or beneficiary who fails to report to the executive |
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129 | 129 | | 119office for complete verification of requirements pursuant to this section or 760 CMR 67.00 or |
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130 | 130 | | 120successor regulations shall not be eligible for benefits and any existing benefits shall be |
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131 | 131 | | 121terminated. |
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132 | 132 | | 122 SECTION 6. (a) For the purposes of this section, the following words shall have the |
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133 | 133 | | 123following meanings unless the context clearly requires otherwise: |
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134 | 134 | | 124 “Emergency housing assistance program”, the program of emergency housing assistance |
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135 | 135 | | 125program under section 30 of chapter 23B of the General Laws and funded by item 7004-0101 of |
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136 | 136 | | 126section 2 of chapter 140 of the acts of 2024. 7 of 11 |
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137 | 137 | | 127 “Executive office”, the executive office of housing and livable communities. |
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138 | 138 | | 128 (b) Notwithstanding item 7004-0101 of section 2 of chapter 140 of the acts of 2024, the |
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139 | 139 | | 129executive office shall: |
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140 | 140 | | 130 (i) require families whose income exceeds 200 per cent of the federal poverty level for 4 |
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141 | 141 | | 131consecutive months to be deemed ineligible for the emergency housing assistance program; |
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142 | 142 | | 132 (ii) require that all emergency housing assistance program benefits be provided to |
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143 | 143 | | 133families consisting entirely of residents of the commonwealth who are citizens of the United |
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144 | 144 | | 134States or persons lawfully admitted for permanent residence or otherwise permanently residing in |
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145 | 145 | | 135the United States under the color of law, except in cases where a child in the family is a citizen |
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146 | 146 | | 136of the United States, a person lawfully admitted for permanent residence or a person permanently |
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147 | 147 | | 137residing in the United States under color of law; |
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148 | 148 | | 138 (iii) to the extent practicable, make best efforts to place a family within 20 miles of the |
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149 | 149 | | 139household’s home community; |
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150 | 150 | | 140 (iv) verify, for each applicant, their: (A) identity; (B) Massachusetts residency pursuant to |
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151 | 151 | | 141clause (v); (C) relationship status; (D) pregnancy status; and (E) other eligibility requirements |
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152 | 152 | | 142under said item 7004-0101 of said section 2 of said chapter 140 and pursuant to 760 CMR 67.00 |
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153 | 153 | | 143or any successor regulations, through third-party verification or otherwise, prior to placement in |
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154 | 154 | | 144an emergency shelter; provided, however, that the executive office shall not be required to |
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155 | 155 | | 145provide shelter to families who are unable to provide required verifications in this section prior |
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156 | 156 | | 146to placement; provided further, that the executive office may offer a case-specific waiver for |
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157 | 157 | | 147exigent circumstances and at the discretion of the executive office; and provided further, that the |
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158 | 158 | | 148executive office shall establish, through regulations, a criteria for case-specific waivers, which 8 of 11 |
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159 | 159 | | 149shall include, but not be limited to, waivers for: (1) an imminent threat of domestic violence; (2) |
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160 | 160 | | 150families with a family member who has a documented disability; (3) families with a family |
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161 | 161 | | 151member who has a high-risk pregnancy or who has recently given birth; and (4) families with a |
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162 | 162 | | 152qualified veteran under clause Forty-third of section 7 of chapter 4 of the General Laws who is |
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163 | 163 | | 153not enrolled in services specifically tailored to veterans, including, but not limited to, those |
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164 | 164 | | 154administered by the executive office of veterans services; and |
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165 | 165 | | 155 (v) require each applicant for benefits under the emergency housing assistance program |
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166 | 166 | | 156to establish residency in the commonwealth; provided, however, that an applicant’s family shall |
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167 | 167 | | 157be required to show an intent to remain in the commonwealth, which may be shown through |
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168 | 168 | | 158sources of verification accepted by the executive office; provided further, that the executive |
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169 | 169 | | 159office shall promulgate regulations on sources of acceptable verification which shall include, but |
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170 | 170 | | 160shall not be limited to, documentation showing a person is enrolled with MassHealth, |
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171 | 171 | | 161documentation showing a person receives public benefits in the commonwealth, a bill or other |
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172 | 172 | | 162insurance documentation with an address, an email, letter or statement from a licensed health |
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173 | 173 | | 163care worker on office letterhead or office email stating that the person resides in the |
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174 | 174 | | 164commonwealth or a photo identification issued by the commonwealth. |
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175 | 175 | | 165 (c) An applicant who appears to be eligible for shelter based on statements provided by |
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176 | 176 | | 166the family and any other information in the possession of the executive office but who need |
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177 | 177 | | 167additional time to obtain any third-party verifications reasonably required by the executive office |
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178 | 178 | | 168shall be placed on a waitlist for emergency housing assistance; provided, however, that each |
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179 | 179 | | 169adult in the family of applicants shall provide proof of identity to be placed on said waitlist. 9 of 11 |
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180 | 180 | | 170 SECTION 7. Notwithstanding section 30 of chapter 23B of the General Laws, for the |
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181 | 181 | | 171period of December 31, 2025 to December 31, 2026, inclusive, the total capacity of the |
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182 | 182 | | 172emergency housing assistance program established pursuant to said section 30 of said chapter |
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183 | 183 | | 17323B shall not exceed 4,000 families. |
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184 | 184 | | 174 SECTION 8. The executive office for administration and finance shall submit a biweekly |
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185 | 185 | | 175report to the clerks of the senate and house of representatives and the house and senate |
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186 | 186 | | 176committees on ways and means that shall include, but not be limited to: (i) reporting under item |
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187 | 187 | | 1771599-0514 of chapter 77 of the acts of 2023; (ii) reporting required under section 19 of chapter |
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188 | 188 | | 17888 of the acts of 2024; (iii) the total caseload of the emergency assistance shelter program, |
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189 | 189 | | 179delineated by rapid shelter track and bridge shelter track; (iv) the number of families who have |
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190 | 190 | | 180applied for emergency assistance shelter in the previous 14 days, delineated by rapid shelter |
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191 | 191 | | 181track and bridge shelter track; (v) the number of families who were unable to provide the |
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192 | 192 | | 182required verification during application as established under section 6 in the previous 14 days; |
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193 | 193 | | 183(vi) the number of families who were unable to provide the required verifications but were |
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194 | 194 | | 184granted a case-specific waiver by the secretary of housing and livable communities in the |
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195 | 195 | | 185previous 14 days; (vii) the number of families on the waitlist for services under the emergency |
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196 | 196 | | 186assistance shelter program, delineated by rapid shelter track and bridge shelter track; (viii) a |
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197 | 197 | | 187description of the services provided to such families, delineated by rapid shelter track and bridge |
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198 | 198 | | 188shelter track; (ix) the total number of families who have exited the emergency assistance shelter |
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199 | 199 | | 189program in the previous 14 days, delineated by rapid shelter track and bridge shelter track and |
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200 | 200 | | 190delineating length of stay in emergency shelter of each family; (x) a summary of resources, |
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201 | 201 | | 191programs and assistance, including, but not limited to, HomeBASE, used by families who exited |
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202 | 202 | | 192shelter in the previous 14 days, delineated by rapid shelter track and bridge shelter track; (xi) the 10 of 11 |
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203 | 203 | | 193total number of families who exited emergency shelter in the previous 14 days due to the length |
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204 | 204 | | 194of stay limits, delineated by rapid shelter track and bridge shelter track, and including |
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205 | 205 | | 195information on resources or supports for those families exiting; (xii) the total number of families |
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206 | 206 | | 196on the waitlist who have been placed in emergency shelter in the previous 14 days, delineated by |
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207 | 207 | | 197rapid shelter track and bridge shelter track; (xiii) the total number of individuals in the |
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208 | 208 | | 198emergency assistance shelter program that are employed; (xiv) the average and median length of |
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209 | 209 | | 199stay for families currently in the emergency assistance shelter program, delineated by rapid |
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210 | 210 | | 200shelter track and bridge shelter track; (xv) the total number of families who have applied for a |
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211 | 211 | | 201hardship waiver established under section 4 and were granted a hardship waiver by the secretary |
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212 | 212 | | 202of housing and livable communities in the previous 14 days; (xvi) the total number of hotel and |
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213 | 213 | | 203motel rooms in use in the previous 14 days, delineated by municipality; (xvii) the total number of |
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214 | 214 | | 204hotel and motel rooms that have been phased out of emergency shelter use in the previous 14 |
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215 | 215 | | 205days, delineated by municipality; and (xviii) the total estimated cost of the emergency assistance |
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216 | 216 | | 206shelter system for fiscal year 2026 based on projected changes to estimated caseload, capacity |
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217 | 217 | | 207and other policy changes under this act. |
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218 | 218 | | 208 SECTION 9. The executive office for administration and finance, in consultation with the |
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219 | 219 | | 209executive office of housing and livable communities, shall submit a report not later than 60 days |
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220 | 220 | | 210following the effective date of this act to the clerks of the senate and house of representatives and |
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221 | 221 | | 211the senate and house committees on ways and means detailing a plan to phase out the use of |
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222 | 222 | | 212hotels and motels for emergency housing assistance not later than December 31, 2025. The |
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223 | 223 | | 213report shall include, but shall not be limited to: (i) the total number of hotel and motel rooms to |
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224 | 224 | | 214be phased out; (ii) the planned number of hotel and motel rooms to be phased out each month; |
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225 | 225 | | 215(iii) the planned date by which phasing out hotel and motel rooms is to be completed; (iv) the 11 of 11 |
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226 | 226 | | 216methodology to identify and prioritize hotel and motel rooms to phase out; (v) the |
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227 | 227 | | 217communication protocols or plans to inform stakeholders of changes and support families exiting |
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228 | 228 | | 218hotels; (vi) the total estimated savings due to phasing out hotel and motel rooms; and (vii) the |
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229 | 229 | | 219monthly estimated savings due to phasing out hotel and motel rooms. |
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230 | 230 | | 220 SECTION 10. Not later than July 31, 2025, the executive office of housing and livable |
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231 | 231 | | 221communities, in coordination with the executive office of health and human services, the |
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232 | 232 | | 222Massachusetts interagency council on housing and homelessness and family homelessness |
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233 | 233 | | 223service providers, shall submit a report to the clerks of the senate and house of representatives |
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234 | 234 | | 224and the senate and house committees on ways and means that shall include, but not be limited to: |
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235 | 235 | | 225(i) detailed information on the most effective and cost-effective state programs and investments |
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236 | 236 | | 226for the prevention of family homelessness; (ii) strategic and cost-effective changes to the |
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237 | 237 | | 227emergency housing assistance program that prevent homelessness and promote stable rehousing; |
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238 | 238 | | 228and (iii) the impact of various benefit levels for programs, including, but not limited to, the |
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239 | 239 | | 229residential assistance for families in transition program and the HomeBASE rental assistance |
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240 | 240 | | 230program, on the prevention of family homelessness and on ensuring stable housing for families |
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241 | 241 | | 231transitioning out of the emergency housing assistance program. |
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