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Session Laws

1996

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CHAPTER 435 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR NINETEEN HUNDRED AND NINETY-SEVEN.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriations acts for fiscal year nineteen hundred and ninety-seven and for certain other activities and projects in said fiscal year, the sums set forth in section two are hereby appropriated from the General Fund unless specifically designated otherwise, and shall be for the several purposes and subject to the conditions specified herein and subject to the provisions of law regulating the disbursement of public funds, and the conditions pertaining to appropriations in the general appropriation act and other appropriation acts for fiscal year nineteen hundred and ninety-seven. The sums so appropriated shall be in addition to any amounts available for said purposes.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Reserves. `tc1 1599-3807 `tc4 For a reserve to meet the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the board of trustees of the University of Massachusetts and the International Brotherhood of Police Officers, Local 432, Units A and B; provided, however, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year nineteen hundred and ninety-seven such amounts as are necessary to meet the cost of said adjustments and benefits for fiscal years nineteen hundred and ninety-five through nineteen hundred and ninety-seven where the amounts otherwise available are insufficient for the purpose, in accordance with an allocation plan which shall be filed in advance with the house and senate committees on ways and means `tc6 $216,000 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Massachusetts Emergency Management Agency. `tc1 8800-0034 `tc4 For grants and reimbursements to state agencies, the National Guard, authorities, commissions, local and county governments, public districts, mosquito control districts and Indian tribes for assistance as a result of the Presidential Declaration occasioned by the natural disaster of flooding beginning October twentieth, nineteen hundred and ninety-six; provided, however, that such assistance shall be twelve and one-half percent of the total assistance determined as eligible by the Federal Emergency Management Agency, as documented in damage survey reports, so-called, to be distributed according to a schedule of disbursements prepared by the Massachusetts emergency management agency; provided, further, that said disbursements shall include, but not be limited to, assistance for debris removal, protective measures, repairs, construction, reconstruction and other measures for roads and bridges, water control facilities and public buildings and other allowable activities, as authorized by the Federal Emergency Management Agency; provided, further, that funds may be made available from this item for the commonwealth share of disaster relief assistance to individuals required as a result of said flooding; provided, further, that such assistance to individuals shall be twenty-five percent of the total of such assistance; provided further, that funds may be allocated from this item to the department of transitional assistance in accordance with an interdepartmental service agreement to be entered into between said department and the Massachusetts emergency management agency; provided, further, that no disbursements shall be made from this item to the Massachusetts Bay Transportation Authority until the Massachusetts emergency management agency files with the house and senate committees on ways and means a schedule of flood damage costs requested by said authority and a schedule of said authority's costs that are eligible for reimbursement from this item; provided, further, that said Massachusetts emergency management agency shall file with said committees on ways and means updated requests from said authority for disbursements from this item and the amounts eligible therefore; provided, further, that said Massachusetts emergency management agency and said authority shall take all steps necessary to maximize federal assistance for said flood damage costs; provided, further, that said schedule of flood damage costs shall distinguish between the personnel and nonpersonnel costs incurred to restore service and remedy immediate flood damage; provided further, that said nonpersonnel costs shall separately state the costs incurred to replace machinery, electrical fixtures and other capital equipment; provided, further, that said authority, in projecting the calendar year nineteen hundred and ninety-six net cost of service pursuant to the provisions of chapter one hundred and sixty-one A of the General Laws, shall account for disbursements from this item that reduce the net cost of service, amounts of flood damage costs charged to capital accounts and any remaining unreimbursed one time costs solely attributable to flood damage that are in excess of normal operating costs covered by the commonwealth's subsidy of said net cost of service `tc6 $7,500,000 `tcol;end

SECTION 3. Section 2 of chapter 151 of the acts of 1996 is hereby amended by striking out item 4000-0215 and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 4000-0215 `tc4 For the provision of day care services to the children of (a) teen parents attending high school and receiving transitional aid to families with dependent children benefits pursuant to subsection (i) of section one hundred and ten of chapter five of the acts of nineteen hundred and ninety-five; (b) teen parents receiving supplemental security income payments who participate in school, education, work and training related activities or a combination thereof and whose dependent children receive said aid; and (c) teen parents who participate in school, education, work and training related activities or a combination thereof and who are at risk of becoming eligible for transitional aid to families with dependent children benefits; provided however, that the executive office of health and human services, in consultation with the department of transitional assistance and the department of social services, shall allocate from this item funds sufficient to ensure the priority of provision of day care services first to children of teen parents in category (a), then category (b), and lastly, category (c); provided, further, that nothing herein shall be construed to give rise to enforceable legal rights or an enforceable entitlement to services other than to the extent that such rights or entitlements exist pursuant to regulations promulgated for the transitional aid to families with dependent children program; provided, further, that all teens eligible for year round full time day care services shall be participating in school, education, work and training related activities or a combination thereof for at least the minimum number of hours required by regulations promulgated for the transitional aid to families with dependent children program, whether or not such teens are recipients of transitional aid to families with dependent children benefits; provided, further, that five million eight hundred twelve thousand twenty-seven dollars shall be expended for contracted day care services for said teen parents; provided further, that one million two hundred seven thousand six hundred five dollars shall be expended for voucher day care services for such teen parents; provided, further, that three hundred three thousand seven hundred ninety dollars shall be expended for informal child care services for such teen parents; and, provided further, that the secretary of health and human services shall issue monthly reports to the house and senate committees on ways and means and the secretary of administration and finance detailing expenditures made from this item including, but not limited to, the number and cost of day care slots funded from this item and the fiscal year nineteen hundred and ninety-eight annualized costs of slots funded from this item `tc6 $7,323,422 `tcol;end

SECTION 4. Notwithstanding the provisions of any general or special law to the contrary, the secretary of health and human services is hereby authorized to transfer an amount not to exceed six million dollars from item 4000-0195 of section two of chapter one hundred and fifty-one of the acts of nineteen hundred and ninety-six to item 4000-0225 of said section two of said chapter one hundred and fifty-one; provided, that funds so transferred shall be expended for post-transitional day care, so-called; and, provided further, that said secretary of health and human services shall, prior to any transfer of funds as herein authorized, file with the secretary of administration and finance and the house and senate committees on ways and means an estimate of the number of voucher day care slots funded by any such transfer and the annualized impact of any such transfer.

SECTION 5. Notwithstanding the provisions of any general or special law to the contrary, an amount not to exceed four hundred thirty-four thousand six hundred fifty-seven dollars of the balance which otherwise would have reverted as of June thirtieth, nineteen hundred and ninety-six from item 1599-3788 of section two A of chapter two hundred and four of the acts of nineteen hundred and ninety-six shall remain available for expenditure until June thirtieth, nineteen hundred and ninety-seven.

SECTION 6. Chapter 204 of the acts of 1996 is hereby amended by striking out section 160 and inserting in place thereof the following section:-

Section 160. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer thirty-five million dollars from the General Fund to the Commonwealth Cost Relief Fund established by subsection (b) of section eighty-three of chapter one hundred and twenty of the acts of nineteen hundred and ninety-five; provided, however, that said transfer shall have been deemed to occur as of June thirtieth, nineteen hundred and ninety-six; provided further, that of said amount, fifteen million dollars shall be available, subject to appropriation, in the fiscal year beginning July first, nineteen hundred and ninety-six; provided, further, that of said amount, twenty million dollars shall be available, subject to appropriation, in the fiscal year beginning July first, nineteen hundred and ninety-seven for the purposes of (1) subsidies or other assistance that is equivalent to grants of not more than fifty percent of the eligible cost of projects financed by loans pursuant to chapter twenty-nine C of the General Laws; (2) programs to assist homeowners in complying with the revised state environmental code for subsurface disposal of sanitary waste, or Title V, so-called; and (3) assistance in the mitigation of sewer rate increases pursuant to the Commonwealth Sewer Rate Relief Fund established by section two Z of chapter twenty-nine of the General Laws; and provided, further, that said twenty million dollars shall be divided equally for said purposes.

SECTION 7. This act shall take effect upon its passage. `tuc ENDORSEMENTS FOLLOW ON PAGE 8 `t+99

Approved December 13, 1996.