Consolidated Amendment "A" to H5150

Education & Local Aid/Transportation/Social Services/Veterans

Fiscal Note: $2,655,000

Amendments 84, 349, 423, and 644 are recategorized from Education and Local Aid to Labor and Economic Development;

Amendment 696 is recategorized from Education and Local Aid to Energy and Environmental Affairs;

Amendments 167, 200, 659, and 711 are recategorized from Social Services to Labor and Economic Development;

Amendment 80 is recategorized from Transportation to Labor and Economic Development;

Amendments from Education and Local Aid: 36, 39, 52, 56, 59, 60, 73, 108, 110, 127, 131, 132, 134, 137, 142, 155, 156, 169, 181, 183, 188, 191, 193, 195, 197, 226, 245, 258, 279, 281, 301, 308, 322, 337, 366, 367, 408, 410, 411, 414, 440, 454, 460, 480, 551, 552, 554, 555, 556, 577, 581, 582, 587, 601, 603, 604, 613, 618, 636, 646, 658, 661, 666, 668, 676, 678, 684, 685, 686, 688, 689, 690, 691, 692, 697, 717, 721, 727, 747, 764

Amendments from Transportation: 49, 165, 170, 194, 323, 331, 391, 421, 429, 446, 448, 491, 492, 495, 500, 517, 539, 557, 619, 630, 633, 653, 667, 700, 758, 768

Amendments from Social Services: 28, 100, 175, 229, 237, 315, 360, 399, 406, 415, 437, 459, 571, 629, 645, 663, 775

Amendments from Veteran Services and Soldiers’ Homes: 3, 19, 42, 45, 82, 217, 244, 256, 266, 299, 327, 443, 474, 481, 533, 537, 600, 683, 687, 736, 739

Mr. Michlewitz of Boston and others move to amend section 2, in item 1410-0010, by inserting after the word “services” the following words:- ; provided, that not less than $50,000 shall be expended for the NEADS, Inc. service dogs for veterans program to train service dogs for veterans;

And further amend said item by striking out the figure “4,337,822” and inserting in place thereof the figure:- 4,387,822;

And further amend said section 2, in item 1410-0012, by inserting after the words “those veterans” the following words:- ; provided further, that not less than $750,000 shall be expended for clinical care, education and training in veterans' mental and behavioral health issues, including post-traumatic stress, traumatic brain injury, substance use disorder and suicide prevention administered by the Massachusetts General Hospital home base program; provided further, that not less than $50,000 shall be expended to the Veterans Northeast Outreach Center, Inc. in Haverhill; provided further, that not less than $30,000 shall be expended to the town of Natick for the veteran’s oral history project at the Morse Institute library; provided further, that not less than $30,000 be expended for the Nathan Hale Veterans Outreach Centers to continue to support veterans and their families;

And further amend said item by striking out the figure “$6,940,522” and inserting in place thereof the figure:- $7,800,522;

And further amend said section 2, in item 1410-0250, by inserting after the figure “2020” the following words:- ; and provided further, that not less than $15,000 shall be expended for transitional services at Our Neighbors' Table, Inc. in the city of Amesbury;

And further amend said item by striking out the figure “$3,567,655” and inserting in place thereof the figure:- $3,582,655;

And further amend said section 2, in item 3000-1020, by inserting after the word “courses” the following words:- ; provided further, that not less than $50,000 shall be expended on transitional costs and other 1-time quality improvements at Nurtury, Inc.;

And further amend said item by striking out the figure “40,012,640” and inserting in place thereof the figure:- $40,062,640;

And further amend said section 2, in item 4401-1000, by inserting after the words “employment needs of clients” the following:- ; provided further, that not less than $50,000 shall be expended for Ascentria Care Alliance, Inc. to provide transportation to low-income families through their good news garage ready to go service; and provided further, that not less than $15,000 shall be expended to the town of Hudson for Fresh Start Furniture Bank, Inc.;

And further amend said item by striking out the figure "$16,433,554" and inserting in place thereof the following figure:- $16,498,554;

And further amend said section 2, in item 4800-0015, by adding the following words:- ; and provided further, that not less than $100,000 shall be expended for the Italian Home for Children, Inc.;

And further amend said item, by striking out the figure "$114,559,680" and inserting in place thereof the figure:- $114,659,680;

And further amend said section 2, in item 4800-0038, by inserting after the figure “2021” the following: - ; provided, further, that $10,000 shall be expended for the Laboure Center, Inc. to support adaptation of telehealth and technology in its recovery connections program; provided further, that not less than $50,000 shall be expended to the Weymouth teen center to provide job skills training, remedial education services, and to promote a social service program promoting growth and social welfare; provided further, that not less than $100,000 shall be expended for the Children's Advocacy Center of Bristol County, Inc.; provided further, that not less than $25,000 shall be expended for Rick’s Place, Inc. of Wilbraham to provide counseling services for youth who have experienced the loss of a parent in the Pioneer Valley;

And further amend said item by striking out the figure “$306,420,812” and inserting in place thereof the following figure:- $306,605,812;

And further amend said section 2, in item 7010-0005, by inserting after the word “initiatives” the following words:-; and provided further, that not less than $25,000 shall be expended to Methuen high school for mental health services; and provided further, that not less than $25,000 be allocated to the Bellingham school district for technology and safety supplies needed due to the COVID-19 pandemic;

And further amend said item by striking out the figure “$11,716,167” and inserting in place thereof the following figure:- $11,766,167;

And further amend said section 2, in item 7010-0033, by inserting after the words “developed by the department” the following words:-; provided further, that not less than $25,000 shall be expended for the First R Foundation, Inc. and Pathways for Children, Inc. head start program to provide for the purchase of books for children through a contract with Imagination Library;

And further amend said item by striking out the figure “$2,014,731” and inserting in place thereof the following figure: - $2,039,731;

And further amend said section 2, in item 7027-0019, by inserting after the words “productively on the job” the following words:-; provided further, that not less than $75,000 shall be expended to Project Learn, Inc. for the continued implementation of programming in the city of Lowell for the purpose of improving college and career readiness for students currently or recently enrolled in a public high school in the city of Lowell; provided further, that Project Learn, Inc. may pursue partnerships with public and private entities to provide said programming; provided further, that not less than $75,000 shall be expended for the Massachusetts Marine Trades Association, Inc. to increase workforce development training opportunities and technical education in secondary and post-secondary schools for careers in the marine trades;

And further amend said item by striking out the figure “$6,000,000” and inserting in place thereof the following figure: - $6,150,000;

And further amend said section 2, in item 7027-1004, by striking out the words “funds shall be expended on grants to high-quality, intensive English language learning programs in districts serving Gateway Cities” and inserting in place thereof the following words:- not less than $1,000,000 shall be expended on grants to high-quality, intensive English language learning programs in districts serving gateway cities;

And further amend said section 2, by inserting after item 7035-0006 the following item:-

7035-0007 For reimbursements to cities, towns, regional vocational or county agricultural school districts, independent vocational schools, or collaboratives for certain expenditures for transportation of non-resident pupils to approved vocational technical programs of any regional or county agricultural school district, city, town, independent school, or collaborative under section 8A of chapter 74 of the General Laws; provided, that if the amount appropriated is insufficient to fully fund said section 8A of said chapter 74, initial reimbursements made by the  department of elementary and secondary education may be prorated by the department to all eligible cities, towns, regional vocational or county agricultural school districts, independent vocational schools, or collaboratives; and provided further, that upon a determination by the department that the funds appropriated in this item are insufficient to meet the commonwealth's full obligation under said section 8A of said chapter 74, the department shall within 10 days notify the secretary of administration and finance, the joint committee on education, and the

house and senate committees on ways and means of the amount needed to fully fund the obligation…$250,000

And further amend said section 2, in item 7061-0027, by inserting after the words “not later than April 15, 2021” the following words:- ; provided further that not less than $15,000 shall be expended for the Framingham City-Wide PTO for the purposes of translation services to help parents with remote learning;

And further amend said section 2, in said item 7061-0027 by striking out the figure “$50,000,000” and inserting in place thereof the following figure: - $50,015,000;

And further amend said section 2, by inserting after item 7061-0029 the following item:-

7061-0033   For a reserve to assist towns negatively impacted by shortfalls in federal impact aid for the education of children in families employed by the federal government on military reservations located within the town's limits; provided, that not less than $100,000 shall be made available to the town of Lincoln to mitigate the costs of educating the children of retired-military families………………………………………………………………. $400,000;

And further amend said section 2, in item 7061-9611, by inserting after the words “extent allowed by law” the following words:- ; provided further, that not less than $40,000 shall be expended for youth programs at Dennison Memorial Community Center in New Bedford; provided further, that not less than $30,000 shall be granted to the Cape Verdean Association of Brockton for employment positions for at-risk youth within their YEP We Can Summer Program; provided further, that not less than $50,000 shall be expended for the Boston Debate League Incorporated for their after-school debate league program; provided further, that not less than $20,000 shall be expended for VietAid to support after-school programs for the Vietnamese community in Dorchester; provided further, that not less than $25,000 shall be expended for the Steps to Success program in the town of Brookline;

And further amend said section 2, in item 7100-0200, by inserting after the words “centers and institutes’ recommendations” the following words:- ; provided further, that the university shall expend funds for the University of Massachusetts at Amherst Cranberry Station;

And further amend said section 2, by inserting after item 7503-0100, the following item:-

7503-0101 For the Veterans Educational Service Center at Bristol Community College…………………………………………………………………………….$50,000

And further amend section 2E, in item 1595-6368, by inserting after the words “of the General Laws” the following words:- ; provided, that not less than $75,000 shall be expended for planning, maintenance, and improvement work on public roads in the town of Easton; provided further, that not less than $50,000 shall be expended for the resurfacing of a section of route 116 in Cheshire; and provided further, that not less than $100,000  shall be expended for the town of Maynard for linking elderly and commuter services to the Massachusetts Bay Transportation Authority;

And further amend said item by striking out the figure “$335,813,615” and inserting in place thereof the figure:- $336,038,615;

And further amend the bill in said section 2E, in item 1595-6370, by striking the words “ ; and provided further, that in the distribution of performance grants, prioritization shall be given to a regional transit authority whose contract assistance under section 23 of said chapter 161B is less than 50 per cent of the net cost of service of the regional transit authority;

And further amend the bill by inserting, after section 13, the following section:-

SECTION 13A. Chapter 29 of the General Laws is hereby amended by striking out section 2IIIII, inserted by section 8 of chapter 124 of the acts of 2020, and inserting in place thereof the following section:-

Section 2IIIII. (a) There shall be an Early Education and Care Public-Private Trust Fund. The fund shall be administered by the commissioner of early education and care.

(b) There shall be credited to the fund: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources, including, but not limited to, gifts, grants and donations, to support state, philanthropic and private partnership efforts supporting Massachusetts childcare providers. Amounts credited to the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund.

(c) Amounts credited to the fund may be expended, without further appropriation, by the commissioner for the following purposes:

(i) to assist the needs of providers in the early education and care mixed delivery system;

(ii) for the development of an infrastructure to facilitate state, private and philanthropic efforts in support of the early education and care field; and

(iii) for state collaboration with philanthropic organizations and businesses to establish and maintain an infrastructure for providing ongoing technical assistance and programming for the early education and care field including, but not limited to, the enhancement of business stability and sustainability, the fostering of local cross-sector early childhood education collaboration and the enhancement of program quality, including supports for early childhood educators.

(d) Amounts received from private sources shall be approved by the commissioner of early education and care and subject to review before being deposited in the fund to ensure that pledged funds are not accompanied by conditions, explicit or implicit, on the implementation of early education and care policy and planning. The review shall be made publicly available.

(e) The commissioner of early education and care may designate an administrator of the fund for purposes of implementing approved activities consistent with this section.

(f) Annually, not later than November 1, the commissioner of early education and care shall report on the fund’s activities to the house and senate committees on ways and means, the chairs of the joint committee on education and the house and senate clerks. The report shall include, but shall not be limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of expenditures from the fund, including, but not limited to, funds expended to assist early education and care providers; (iii) any grants provided to early education and care programs, philanthropic organizations or other stakeholder organizations; and (iv) anticipated revenue and expenditure projections for the next year.;

And further amend the bill by inserting, after section 33, the following section:-

SECTION 33A. Notwithstanding section 10 of chapter 70B of the General Laws or any other general or special law to the contrary, in determining the grant percentage for approved school projects for calendar year 2021, the Massachusetts School Building Authority shall calculate the Community Poverty Factor by examining the proportion of economically disadvantaged students from calendar year 2014 to the present and assigning whichever year’s factor is the highest as determined by the department of elementary and secondary education.;

And further amend the bill by striking out section 34 in its entirety and inserting in place thereof the following section:-

SECTION 34. Notwithstanding any special or general law to the contrary, for fiscal year 2021, $90,500,000 of the amount transferred in item 1595-6370 of section 2E shall be considered operating assistance and distributed to regional transit authorities; provided, that for fiscal year 2021, $87,000,000 shall be distributed based on fiscal year 2020 distributions, in accordance with the fiscal year 2020 bilateral memorandum of understanding between each regional transit authority and the Massachusetts Department of Transportation; and provided further, that each regional transit authority shall receive operating assistance from this item of not less than the amount received in fiscal year 2020; and, provided further, that $3,500,000 shall be distributed to each regional transit authority based on the following formula: 60 per cent based on total transit ridership as reported on the most recent certified national transit data base report, 30 per cent based on population of its member communities from the most recent census, and 10 per cent based on service coverage area determined by the total square miles of its member communities. The department may require each regional transit authority to provide data on ridership, customer service and satisfaction, asset management and financial performance, including farebox recovery, and shall compile collected data into a report on the performance of regional transit authorities and each authority’s progress towards meeting the performance metrics established in each memorandum of understanding.

And further amend the bill by inserting, after section 42, the following section:-

SECTION 42A. Notwithstanding any general or special law to the contrary, a remote learning attendance and participation tracking system shall be used by any school district that adopts a remote learning model pursuant to 603 CMR 27.08(3)(b) to ensure that all students engage in remote learning meaningfully and substantially participate in their remote learning. Such tracking system shall also account for: (i) students with an extended absence; (ii) efforts made by the district to contact each parent or guardian of a student with an extended absence; and (iii) rates of chronic absenteeism. Each district shall report attendance and participation information, presented at both the school- and grade-level, to the department of elementary and secondary education monthly in a form and manner prescribed by the department. This information shall be made publicly available on the department’s website.

And further amend the bill by inserting, after section 44, the following 5 sections:-

SECTION 44A. There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to study equity and access to telecommunications services, including but not limited to broadband internet, for students and families in the commonwealth and to make recommendations to address inequity and the digital divide for students and families with limited access to telecommunications services. The commission shall consist of the secretary of education, or a designee; the commissioner of elementary and secondary education, or a designee; 2 members to be appointed by the governor who shall have experience in broadband technology; 3 members of the senate of which the senate president shall appoint 1 to serve as co-chair, 1 of whom shall be the senate chair of the joint committee on education, 1 of whom shall be the senate chair of the joint committee on telecommunications, utilities and energy and 1 of whom shall be a member of the minority party to be appointed by the senate minority leader; 3 members of the house of representatives of which the speaker of the house shall appoint 1 to serve as co-chair, 1 of whom shall be the house chair of the joint committee on education, 1 of whom shall be the house chair of the joint committee on telecommunications, utilities and energy and 1 of whom shall be a member of the minority party who shall be appointed by the house minority leader; and 1 member to be appointed by each of the following organizations: Latinos for Education, Inc., the Massachusetts Broadband Institute, the Massachusetts Technology Leadership Council, Inc., the Massachusetts Municipal Association, Inc., the Massachusetts Business Alliance for Education, Inc., the Massachusetts Association of School Committees, Inc., the Massachusetts Association of School Superintendents, Inc., the Massachusetts Teachers Association, and the American Federation of Teachers Massachusetts.

The commission shall research, assess and develop recommendations for improving access to broadband internet and other telecommunications services throughout the commonwealth, particularly in low-income communities, rural communities and communities of color. The commission shall: (i) evaluate current levels of access to telecommunications services of households and communities in the commonwealth, including but not limited to access to broadband internet and low-cost cell phone plans; (ii) identify obstacles encountered by municipalities and the commonwealth in improving telecommunications infrastructure and access; (iii) examine relevant federal, state and local laws, regulations, rules and ordinances related to telecommunications service access, including efforts and best practices of other states to improve telecommunications service access; (iv) assess the impact of a lack of access to telecommunications services on students in elementary, secondary and post-secondary schools in the commonwealth on remote, in-person and hybrid learning during the outbreak of the 2019 novel coronavirus, also referred to as COVID-19, including by collecting data from students, families and school districts to assess the extent to which the lack of access to technology and telecommunications services prevents students from completing homework and other coursework or otherwise fully participating in remote, in-person and hybrid education; (v) review federal grant and funding sources; and (vi) assess statewide needs and ways to address barriers to providing equitable opportunities for technology education, including recommendations for developing, enhancing and expanding statewide standards and programming in support of digital literacy training and education for adults and students, improvements to technology curriculum in elementary and secondary schools including the Massachusetts Digital Literacy and Computer Science Frameworks and the Massachusetts Digital Literacy Now grant program.

The commission shall submit a report with the results of its study and any recommendations, together with drafts of any legislation necessary to carry such recommendations into effect, to the house and senate clerks not later than July 31, 2021.

SECTION 44B. There shall be a special legislative Early Education and Care Economic Review commission established pursuant to section 2A of chapter 4 of the General Laws to review how child care programming is funded in the commonwealth and to make recommendations for potential legislative changes in funding and related policies as the commission deems appropriate.

In conducting its review, the commission shall seek to determine the early educational programs and services necessary to achieve the commonwealth’s goal of expanding access to high quality early education and care programming, which is necessary for supporting children, working families and the state’s continued economic prosperity.

To assist the commission in carrying out its review, the secretary of housing and economic development and the commissioner of early education and care each shall provide to the commission any data and information the commission considers relevant to its charge.

The commission shall include the following members: the chairs of the joint committee on education, who shall serve as co-chairs; the chairs of the joint committee on economic development and emerging technologies, who shall serve as co-vice-chairs; the secretary of education, or a designee; the secretary of housing and economic development, or a designee; the commissioner of early education and care, or a designee; the commissioner of elementary and secondary education, or a designee; the speaker of the house of representatives, or a house member designee; the president of the senate, or a senate member designee; the minority leader of the house of representatives, or a house member designee; the minority leader of the senate, or a senate member designee; a private-pay early education and care provider who shall be appointed by the speaker of the house; a representative from a Massachusetts youth organization with a proven record of supporting early education and care licensed programming for high numbers of vulnerable children and youth, who shall be appointed by the senate president; a Massachusetts employer or business leader outside the field of early education and care who has a proven record supporting access to high quality early education and care programs and services, who shall be appointed by the speaker of the house; a Massachusetts employer or business leader outside the field of early education and care who has a proven record supporting access to high quality early education and care programs and services, who shall be appointed by the senate president; the executive director of the Massachusetts Association of Early Education and Care, or a designee; the executive director of the Massachusetts Association of School Superintendents, Inc., or a designee; a representative of the Massachusetts Afterschool Partnership, Inc.; the executive director of the Massachusetts Head Start Association, Inc., or a designee; the executive director of the Massachusetts Business Roundtable, or a designee; the executive director of the Black Economic Council of Massachusetts, Inc., or a designee; the director of Strategies for Children, Inc. or a designee; the president-elect of the Massachusetts Association for the Education of Young Children, Inc., or a designee; and 3 members who shall be appointed by the governor, 1 of whom shall be an early educator in a community serving high percentages of low-income children, 1 of whom shall be a representative of family child-care in the commonwealth and 1 of whom shall be an employer or business leader in the commonwealth with a proven record supporting access to high quality early education and care programs and services.

In appointing members of the commission, consideration shall be given to race, gender, socioeconomic and geographic diversity that is reflective of the early education and care workforce and those it serves.

The commission shall review and report on: (i) funding streams supporting early education and care in the commonwealth; (ii) models for accessing childcare, including but not limited to providing employee benefits that include childcare, and areas for replication; (iii) challenges to providing continued access to high quality early education and care due to the 2019 novel coronavirus, also known as COVID-19, and ways to support and stabilize the early education and care workforce; (iv) an assessment of supports provided to early education and care programs in the commonwealth during 2020, including those efforts to stabilize programs serving the commonwealth's most vulnerable children and families; (v) the economic impact COVID-19 has had on childcare providers and the economy, including the impact on parent-pay programs not supported through a state subsidy; (vi) policies and programs needed to create an early education and care system that provides increased opportunities for access to high quality early education and care programs, including but not limited to the provisions in chapter 15D of the General Laws; and (vii) any other relevant topic the chairs deem necessary.

The special commission shall hold no fewer than 5 public meetings and incorporate feedback from the early education and care sector, families, employers and other relevant stakeholders from across the commonwealth.

The special commission shall submit a report of its findings and any recommendations by filing its report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on education and the joint committee on economic development and emerging technologies, not later than March 1, 2021.

SECTION 44C. Not later than December 15, 2020, the department of children and families, in coordination with the department of elementary and secondary education, where applicable, shall report on statewide efforts taken since March 16, 2020 to monitor student attendance for children with active cases at the department of children and families, whether school participation is virtual, in-person, or a hybrid thereof, and shall report on any steps taken, or barriers to, ensuring active coordination between said agencies for the purpose of monitoring student attendance and meaningful school engagement with families who have active cases at the department of children and families.

SECTION 44D. The commissioner of early education and care shall submit a report to the house and senate committees on ways and means and the chairs of the joint committee on education no later than January 15, 2021 regarding potential early education and care financing models that support program stability and sustainability for the purposes of administering the Early Education and Care Public-Private Trust Fund pursuant to section 2IIIII of chapter 29 of the General Laws, including, but not limited to, how such models may be supported by the commonwealth’s COVID-19 recovery plan.

SECTION 44E.  Notwithstanding the annual reporting deadline of November 1 set forth in subsection (f) of section 2IIIII of chapter 29 of the General Laws, inserted by section 13A, the commissioner of early education and care shall file its report pursuant to said subsection (f) of said section 2IIIII of said chapter 29 for calendar year 2021 no later than February 1, 2021.