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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT MAKING EMERGENCY APPROPRIATIONS TO PROVIDE FOR CONTINUED OPERATION OF CERTAIN STATE AGENCIES.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to make appropriations for the fiscal year ending June 30, 1998 and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


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 appropriation acts for fiscal year 1998 and for certain other activities and projects in said fiscal year, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise herein or in said appropriation acts for the several purposes and subject to the conditions specified herein or in said appropriation acts and subject to the provisions of law regulating the disbursement of public funds, for the fiscal year ending June 30, 1998. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

SECTION 2.

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Registry of Motor Vehicles.

8400-0001
...................................$931,069

Department of Correction.

8900-0001
...................................$6,357,760
8900-0004
...................................$2,154,358

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations and to meet certain requirements of law, the sums set forth herein shall be 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 or other appropriation acts for the fiscal year ending June 30, 1998. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

SECRETARY OF STATE.

State Secretary.

0521-0002
For loans to communities pursuant to the provisions of section 30 of chapter 9 of the General Laws
...................................$2,145,000
Voting Equipment Loan Fund.........100.0%

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Reserves.

1599-0600
For financial assistance to local governmental units and other eligible borrowers in addition to amounts previously appropriated by, and consistent with the purposes of, item 1599-3919 of section 2E of chapter 88 of the acts of 1997
...................................$2,000,000
Local Aid Fund.....................100.0%

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Office of the Secretary.

2000-1110
For one-time grants for the costs associated with emergency water treatment projects necessary to protect the public health and safety; provided, that notwithstanding the provisions of any general or special law or rule or regulation to the contrary, $400,000 shall be expended to reimburse the Grafton Water District for expenses incurred for contamination correction of the Follette street well site, so-called; provided further, that notwithstanding the provisions of any general or special law or rule or regulation to the contrary, $500,000 shall be expended for a grant to the town of Hinsdale for the Lower Main street water main replacement project, so-called; provided further, that notwithstanding the provisions of any general or special law or rule or regulation to the contrary, $500,000 shall be expended to alleviate the contamination of groundwater and wells, including the costs associated with the installation of a waterline to deliver potable drinking water, to the residents of Assonet village in the town of Freetown; provided further, that notwithstanding the provisions of any general or special law or rule or regulation to the contrary, $279,000 shall be expended to alleviate the contamination of groundwater and wells, including the costs associated with the installation of a waterline, to deliver potable drinking water in the town of Mendon; provided further, that notwithstanding the provisions of any general or special law or rule or regulation to the contrary, $55,000 shall be expended to reimburse the cities of Westfield and Holyoke and the town of Southampton for costs related to the restoration of water supplies to homes in said town of Southampton and said city of Westfield disconnected from the Manhan line, so-called; provided further, that notwithstanding the provisions of any general or special law or rule or regulation to the contrary, $70,000 shall be expended to alleviate the contamination of groundwater and wells, including the partial costs associated with the installation of a waterline to deliver potable drinking water to certain homes in the town of Uxbridge; provided further, that notwithstanding the provisions of any general or special law or rule or regulation to the contrary, $500,000 shall be expended for mitigation of lead and copper contamination in the South Sagamore Water District; provided further, that notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the secretary of environmental affairs is hereby authorized and directed to cause said grants to be distributed to said communities not later than January 31, 1998
...................................$2,304,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Department of Transitional Assistance.

4406-3002
For emergency overflow beds for homeless individuals; provided, that this item shall be construed as a one-time expenditure for the fiscal year ending June 30, 1998
...................................$600,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Department of Correction.

8900-0019
For the purpose of providing matching funds for the federal grant entitled Violent Offender Incarceration/Truth In Sentencing (VOITIS) for the construction of a segregation unit and support space at the Massachusetts Correctional Institution at Concord and for the renovation of the L building, so-called, at said correctional institution in order that said building may be used for secure dormitory housing
...................................$1,000,000

SECTION 3. Chapter 9 of the General Laws is hereby amended by adding the following section:-

Section 30. There is hereby established the voting equipment loan program which shall be under the control of the state secretary. The sole purpose of said program shall be to provide, subject to appropriation, loans to municipalities to replace punch card voting systems, so-called, and data vote punch card voting systems, so-called. The state secretary is hereby authorized to promulgate regulations to implement said loan program; provided, however, that such regulations shall require that: (1) all loans shall be repaid to the commonwealth not later than ten years after any such loan is made; (2) such loans shall be repaid with a reasonable rate of interest, such rate to be determined by the secretary of administration and finance; (3) the method of repayment of such loans shall be through a deduction made on a recipient municipality's cherry sheet, so-called; and (4) loans may be made to communities which have replaced punch card voting systems, so-called, and data vote punch card voting systems, so-called, on or after January 1, 1995.

SECTION 4. Chapter 29 of the General Laws is hereby amended by inserting after section 2 OO, inserted by section 50 of chapter 43 of the acts of 1997, the following section:-

Section 2PP. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Voting Equipment Loan Fund. There shall be credited to said fund such amounts as may be appropriated or transferred by the general court to implement the voting equipment loan program established by section 30 of chapter 9. The state secretary is hereby authorized to make loans from said fund, subject to appropriation, solely for the purposes of said section 30 of said chapter 9. Repayment of all loans made from said fund shall be made by deductions from recipient municipalities' cherry sheets, so-called, and shall be credited to the Local Aid Fund.

SECTION 5. Section 2A of chapter 88 of the acts of 1997 is hereby amended by striking out the item number "7006-0070" and inserting in place thereof the following item number:- 7006-0066.

SECTION 6. Said section 2A of said chapter 88 is hereby further amended by striking out the item number "7027-0017" and inserting in place thereof the following item number:- 7027-0018.

SECTION 7. Section 2C.I of said chapter 88 is hereby amended by striking out the item number "7006-0070" and inserting in place thereof the following item number:- 7006-0066.

SECTION 8. Said section 2C.I of said chapter 88 is hereby further amended by striking out the item number "7027-0017" and inserting in place thereof the following item number:- 7027-0018.

SECTION 9. Section 2E of said chapter 88 is hereby amended by striking out the item number "1599-3912" and inserting in place thereof the following item number:- 1599-3914.

SECTION 10. Said section 2E of said chapter 88 is hereby further amended by striking out item 1599-3919 and inserting in place thereof the following item:-

1599-3919
For a reserve to be transferred to the water pollution abatement trust to fund financial assistance to local governmental units and other eligible borrowers to meet debt service obligations incurred by such local governmental units and other eligible borrowers after July 1, 1993, to finance the costs of water treatment projects or portions thereof which have been approved by the department of environmental protection and which have been completed, as determined by said department, on or prior to the promulgation date of said department's regulations related to the implementation of the safe drinking water revolving fund, so called, or as otherwise authorized by law; provided, that notwithstanding the provisions of any general law, special law, rule, or regulation to the contrary, not less than $800,000 shall be expended for debt service payments by the city of North Adams; provided further, that notwithstanding the provisions of any general law, special law, rule, or regulation to the contrary, not less than $1,200,000 shall be expended for debt service payments by the city of Attleboro; provided further, that funds shall be expended for a water filtration facility in the town of Rutland
...................................$6,000,000

SECTION 11. Said section 2E of said chapter 88 is hereby further amended by striking out the item number "2200-0001" and inserting in place thereof the following item number:- 2200-0002.

SECTION 12. Said section 2E of said chapter 88 is hereby further amended by striking out the item number "2420-1401" and inserting in place thereof the following item number:- 2420-1402.

SECTION 13. Said section 2E of said chapter 88 is hereby further amended by striking out the item number "7066-0115" and inserting in place thereof the following item number:- 7066-0116.

SECTION 14. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer, within 10 days after the effective date of this act, the sum of $2,145,000 from the General Fund to the Voting Equipment Loan Fund established by section 2PP of the General Laws.

SECTION 15. Notwithstanding the provisions of any general of special law to the contrary, the comptroller is hereby authorized and directed to transfer $5,600,000 from item 4408-2002 of section 2 of chapter 43 of the acts of 1997 to item 4000-0175 of said section 2 of said chapter 43 for the purpose of increasing nutritional assistance benefit levels in fiscal year 1998, as authorized by and consistent with the provisions of said item 4000-0175. Said increase shall, to the extent feasible, replicate the equivalent benefit levels in the federal food stamp program in effect as of June 30, 1997; provided, however, that any such adjustment to said benefit levels made possible by the amount transferred pursuant to this section shall be prospective, shall not take effect before January 1, 1998 and shall not provide for any retroactive recovery of nutritional assistance benefits not paid before said January 1, 1998. The amount made available pursuant to this section shall not be construed, nor obligate the commonwealth, to make such amounts available for similar purposes in subsequent fiscal years.

SECTION 16. Sections 5 to 13, inclusive, shall take effect on June 30, 1997. The remainder of this act shall take effect upon its passage.

Approved December 19, 1997.