Budget Amendment ID: FY2021-S4-68

OTH 68

Emergency Relief and Immediate Commonwealth Assistance Trust

Ms. Gobi, Messrs. O'Connor, Brady, Timilty, Velis and Fattman moved that the proposed new text be amended by adding at the end thereof, the following section:

SECTION XX. Chapter 29 of the General Laws is hereby amended by inserting after section 2HHHHH, inserted by section 4 of chapter 142 of the acts of 2019, the following section:-

Section 2IIIII. (a) There shall be an Emergency Relief and Immediate Commonwealth Assistance Trust, which shall be administered by the Massachusetts emergency management agency. Monies in the trust shall be deposited with the state treasurer in a manner that will secure the highest interest rate available consistent with the safety of the trust and with the requirement that all amounts on deposit be available for immediate use.

(b) There shall be credited to the trust: any unexpended funds from item 8800-0001, which shall not revert to the General Fund or any other fund but instead shall be transferred to the trust; other funds appropriated or transferred to the trust by the general court; and all interest earned on monies in the trust.

(c) Expenditures from the trust shall not be subject to appropriation and balances remaining in the trust at the end of a fiscal year shall not revert to the General Fund; provided, that expenditures from the trust shall be made for state or local response efforts to natural disasters or emergency incidents determined at the discretion of the director of the agency; and provided further, that expenditures shall not be used to supplant recurring operational costs of the agency funded through the general appropriations act.

(d) Subject to the approval of the secretary of public safety and security in consultation with the secretary of administration and finance, the agency may incur liabilities and make expenditures in excess of funds available and the state comptroller may certify for payment invoices in excess of funds available to the agency; provided, that the agency must cite a state of emergency declaration upon its request to incur liabilities and make expenditures in excess of funds available; and provided further, that the negative balance of funds available shall not exceed $5,000,000 at any time during the fiscal year; provided further that no expenditure shall be made from the trust which shall cause the trust to be in deficit at the close of a fiscal year.

(e) Not later than June 1 of each fiscal year, the agency shall submit a report to the secretary of administration and finance and the house and senate committees on ways and means, which shall include the trust’s balance at the start of the current fiscal year, any transfers of funds to and from the trust during the fiscal year, any revenue deposited into the trust, an itemized description of expenditures by disaster or incident during the fiscal year, a projected balance in the trust for the end of the fiscal year, and any request for supplemental appropriations to eliminate any negative balance projected for the trust at the end of the fiscal year.