HOUSE DOCKET, NO. 3827        FILED ON: 6/14/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3510

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act making appropriations for the Fiscal Year 2011 to provide for supplementing certain existing appropriations and for certain other activities and projects.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to make supplemental appropriations for fiscal year 2011 and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or to accomplish 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:
 

To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2011, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2011.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. 

SECTION 2.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-3234 ..........................................................................................................$337

EXECUTIVE OFFICE OF EDUCATION

Department of Early Education and Care

3000-4050......................................................................................................    $10,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Sheriffs

8910-0619.....................................................................................................     $2,867,678

8910-8200.....................................................................................................     $1,819,857

8910-8300.....................................................................................................     $1,316,539

8910-8400......................................................................................................    $47,500

8910-8600......................................................................................................    $1,027,000

8910-8700....................................................................................................      $3,700,000

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 in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2011.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-1705For a reserve for costs incurred in response to the June 1, 2011 storms; provided, that the comptroller shall transfer funds made available under this item to other departments for this purpose, upon the written request of the secretary of administration and finance; provided further, that expenditures from this item shall be offset by federal reimbursements to the extent available; and provided further, that funds made available under this item shall not revert but shall be made available for expenditure until June 30, 2012...................................              $15,000,000

1599-4234 For a reserve to meet the fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Commonwealth and the 4; provided, that funding under this item shall not revert but shall be made available for expenditure until June 30, 2012...................................              $2,611,856

1599-4253 For a reserve to meet the fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Commonwealth and the New England Police Benevolent Association, Bargaining Unit 4A; provided, that funding under this item shall not revert but shall be made available for expenditure until June 30, 2012              ...................................$272,025

1599-4342For a reserve to meet the fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Essex county sheriff’s department and the Correction Officer Association...................................              $21,578

1599-4370For a reserve to meet the fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Commonwealth and Local S-28, International Association of Fire Fighters; provided, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2012...................................              $436,000

1599-4426For a reserve to meet the fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Amherst Council 93 Local 1776, AFL-CIO              $54,114

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary of Health and Human Services

4000-0005For youth violence prevention program grants administered by the executive office of health and human services; provided, that the programs shall be targeted at reducing youth violence among young persons at highest risk for being perpetrators or victims of gun violence; and provided further, that these funds shall be available to those municipalities with the highest number of youth homicides and serious assaults as determined by the executive office of health and human services              $10,000,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Housing and Community Development

7004-0108For initial and start-up expenses incident to the establishment of a program of short-term housing assistance; provided that, notwithstanding any general or special law to the contrary, such purposes may include, but not be limited to, expenses necessary or useful in procuring housing units for such a program that will be available for the use of families determined to be eligible for such short-term housing assistance pursuant to such regulations as the department may adopt in accordance with legislation for the operation of such a short-term housing assistance; provided further, that the housing units procured through this item shall not be entered into or used by such families until July 1, 2011, or later; provided further, that any housing units procured through this item shall be rented pursuant to a lease term of at least 12 months, which lease shall include a provision allowing it to be assigned to the head of household of a family determined to be eligible for such short-term housing assistance without further liability as a tenant on the part of the department or any agency funded by the department through this item; provided further, that the department shall distribute such funding for short-term housing assistance initial and start-up costs through the following agencies: Berkshire Housing Development Corporation, Central Massachusetts Housing Alliance, Inc., Community Teamwork, Inc., Housing Assistance Corporation, Franklin County Housing and Redevelopment Authority, Hap, Inc., Metropolitan Boston Housing Partnership, South Middlesex Opportunity Council, Inc., South Shore Housing Development Corporation and RCA Solutions; provided further, that such sum shall include any administrative expenses necessary or useful for procuring and operating such housing units until they are ready for use by eligible families; and provided further, that funding under this item shall not revert but shall be made available for expenditure until June 30, 2012              $1,200,000

SECTION 2C.I.  For the purpose of making available in fiscal year 2012 balances of appropriations which otherwise would revert on June 30, 2011, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 131 of the acts of 2010.  However, for items which do not appear in section 2 of said chapter 131, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts.  Amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 of said chapter 131; but for items that do not appear in section 2 of said chapter 131, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts.  The sums re-appropriated in this section shall be in addition to any amounts available for these purposes.

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary of Health and Human Services

4000-0005$10,000,000

SECTION 2C.II. For the purpose of making available in fiscal year 2012 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2011, the unexpended balances of the authorizations listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 131 of the acts of 2010; but for items which do not appear in section 2 or 2B of chapter 131 of the acts of 2010, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2, 2A, or 2B or in prior appropriation acts. Amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2 or 2B of the general appropriation act; but for items which do not appear in section 2 or 2B of the general appropriation act, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2, 2A, or 2B or in prior appropriation acts. The sums re-authorized in this section shall be in addition to any amounts available for those purposes.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Human Resources Division

1750-0102. $127,000

SECTION 3.  Section 8 of chapter 44 of the General Laws, as amended by sections 32 and 33 of chapter 188 of the acts of 2010, is hereby further amended by striking out clause (9) and inserting in place thereof the following 2 clauses:-

(9) For emergency appropriations that are approved by the director, not more than 2 years as determined by the director. As used in this clause, emergency means a sudden, unavoidable event or series of events which could not reasonably have been foreseen or anticipated at the time of submission of the annual budget for approval.  Emergency shall not include the funding of collective bargaining agreements or items that were previously disapproved by the appropriating authority for the fiscal year in which the borrowing is sought.  For the purposes of this clause, debt  may be authorized by the treasurer of the city, town or district, with the approval of the chief executive officer in a city or town, or the prudential committee, if any, or by the commissioners in a district.

(9A) For emergency appropriations approved by a majority of the members of the municipal finance oversight board, up to the period fixed by law for such debt as determined by the board; provided, however, that this clause shall apply only to appropriations for capital purposes, including but not limited to, the acquisition, construction, reconstruction or repair of any public building, work, improvement or asset and upon a demonstration by the city, town or district that  the process for authorizing debt in the manner otherwise provided by law imposes an undue hardship in its ability to respond to the emergency. As used in this clause, emergency means a sudden, unavoidable event or series of events which could not reasonably have been foreseen or anticipated at the time of submission of the annual budget for approval.   For the purposes of this clause, debt may be authorized by the treasurer of the city, town or district, with the approval of the chief executive officer in a city or town, or the prudential committee, if any, or by the commissioners in a district.

SECTION 4. The last paragraph of section 22 of chapter 61 of the acts of 2009 is hereby amended by striking out the words “June 30, 2011”, inserted by section 24 of chapter 409 of the acts of 2010, and inserting in place thereof the following words:- January 2, 2012.

SECTION 5.  Item 8910-8310 of section 2 of chapter 131 of the acts of 2010 is hereby amended by striking out the figures "$8,000,000", inserted by section 25 of chapter 409 of the acts of 2010 and inserting in place thereof, in each instance, the following figure:- $9,495,000.

SECTION 6. Item 8910-8810 of said section 2 of said chapter 131 is hereby amended by striking out the figures "$8,000,000" and inserting in place thereof, in each instance, the following figure:- $10,000,000.

SECTION 7. Item 1750-0102 of section 3A of chapter 359 of the acts of 2010 is hereby amended by striking out the figures “$2,031,977” and inserting in place thereof, in each instance, the following figure:- $2,159,000.

SECTION 8. Item 1599-2004 of section 2A of chapter 9 of the acts of 2011 is hereby amended by adding the following words:- ; and provided further, that any unexpended funds under this item shall not revert but shall be made available for expenditure until June 30, 2012.

SECTION 9. Said section 2A of said chapter 9 is hereby further amended by striking out item 1599-4326 and inserting in place thereof the following item:-

1599-4326    For a reserve to meet the fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Norfolk county sheriff’s department and CCOA Local 295……$37,158.

SECTION 10. Section 2 of chapter 27 of the acts of 2011 is hereby amended by striking out the figure “1599-5973” and inserting in place thereof the following figure:- 1599-1973.

SECTION 11. Notwithstanding any general or special law or rule or regulation to the contrary, any unexpended balances, not exceeding a total of $15,000,000, in items 4000-0600 and 4000-0700 of section 2 of chapter 131 of the acts of 2010, shall not revert to the General Fund until September 1, 2011, and may be expended by the executive office of health and human services to pay for services provided during fiscal year 2011.

SECTION 12. Notwithstanding any general or special law to the contrary, the secretary of health and human services, with the written approval of the secretary of administration and finance, may authorize transfers of surplus among items 4000-0320, 4000-0430, 4000-0500, 4000-0600, 4000-0640, 4000-0700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0950, 4000-0990, 4000-1400, 4000-1405, 4000-1420 of section 2 of chapter 131 of the acts of 2010 for the purpose of reducing any deficiency in these items, but any such transfer shall take place not later than June 30, 2011.

SECTION 13. Notwithstanding sections 2A and 38 of chapter 59 of the General Laws or any other general or special law to the contrary, the board of assessors of a city or town in which real property was damaged or destroyed by tornado activity on June 1, 2011, where the third sentence of section 2A(a) of said chapter 59 has not been accepted, shall determine the condition of that property as of June 30, 2011, and shall use that condition to determine the assessed valuation of the property for purposes of assessing taxes as of January 1, 2011, for the fiscal year beginning on July 1, 2011.  This section shall take effect upon its acceptance by the local appropriating authority as defined in section 21C of chapter 59 of the General Laws.

SECTION 14. Notwithstanding any general or special law to the contrary, the unexpended balances of all capital accounts which otherwise would revert on June 30, 2011, but which are necessary to fund obligations during fiscal year 2012, are hereby re-authorized; but this re-authorization shall terminate upon enactment of capital account extension legislation.