SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2711

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2024, the sums set forth in section 2 are hereby appropriated from the General Fund or the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, 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, 2024. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. Except as otherwise provided, these sums shall be made available through the fiscal year ending June 30, 2025.

SECTION 2.

OFFICE OF THE COMPTROLLER

Comptroller

1599-3384Settlements and Judgments…………………………$15,000,000

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 or the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, 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, 2024.  Except as otherwise provided, these sums shall be made available through the fiscal year ending June 30, 2025.

1599-1213For a reserve to support the commonwealth’s response to the ongoing humanitarian crisis and influx of families seeking shelter; provided, that $7,000,000 shall be expended to the resettlement agencies and providers with contracts through the emergency housing assistance program to support regional, flexible funds to preserve tenancies and rapidly house families through supports including, but not limited to: (i) housing intervention services; (ii) financial and administrative assistance in applying for federal work authorization upon application for benefits through the emergency housing assistance program; and (iii) English language instruction to non-English speaking or limited English speaking families or pregnant women receiving benefits through the emergency housing assistance program; provided further, that said funds shall be distributed in a manner that shall consider geographic equity; provided further that not less than $3,000,000 shall be expended for employment training programs, including programs offered by local workforce development boards and career centers; and provided further that funds appropriated in this item shall be distributed not later than the 30 days after the effective date of this act.……….$10,000,000

Transitional Escrow Fund……100%

SECTION 3. Section 30 of chapter 23B of the General Laws, as most recently amended by section 121 of chapter 7 of the acts of 2023, is hereby further amended by inserting after subsection (F) the following subsection:-

(G) The executive office shall complete an individual rehousing plan for all families and pregnant women receiving benefits through the emergency housing assistance program. A family with children or a pregnant woman with no other children that receives benefits through the emergency housing assistance program shall, subject to appropriation and compliance with program rules and regulations, remain eligible for benefits through the program for not less than 9 consecutive months; provided, however, that after a family with children or a pregnant woman with no other children who receives benefits through the emergency housing assistance program has received benefits through the program for 9 months, the executive office shall review the recipient’s eligibility status for extended eligibility for the program. The executive office shall grant 1 or more extensions, for not more than 90-day periods, for circumstances including, but not limited to: (i)(A) a family or pregnant woman qualifying as a veteran under clause forty-third of section 7 of chapter 4 who is not enrolled in services specifically tailored to veterans including, but not limited to, those administered by the executive office of veterans services; (B) a family or pregnant woman’s imminent placement in housing; (C) avoiding educational interruptions for a child or children enrolled in public schools; (D) avoiding loss of employment for adult family members; (E) pregnancy or recent birth; (F) a diagnosed disability or documented medical condition; (G) being a single parent, stepparent, legal guardian or caretaker caring for a disabled child or family member; (H) being a single parent, stepparent, legal guardian or caretaker with insufficient child or dependent care necessary to obtain employment or continue employment; (I) being at imminent risk of harm due to domestic violence; or (J) progress toward receiving work authorization; or (ii) a family or pregnant woman’s compliance with the rehousing plan. The executive office shall limit the number of families and pregnant women to be terminated from the emergency housing assistance program in any week due to reaching the durational limit. The executive office shall provide not less than 90 days’ notice to a family or pregnant woman receiving benefits pursuant to this section prior to the termination of benefits. The executive office shall provide  printed handouts to families with children and pregnant women receiving benefits through the emergency housing assistance program which shall include, but not be limited to, information about: (i) the duration of stay limit and extension process; (ii) workforce training programs; (iii) food resources, including food pantries; (iv) services offered by resettlement agencies; (v) other housing assistance programs; and (vi) other nonprofit or available resources the executive office deems necessary or helpful. All written information shall be translated into multiple languages and shall be available on the executive office’s website. This subsection shall apply during any period in which the secretary of housing and livable communities has determined that the shelter system is no longer able to meet all current and projected demand for shelter from eligible families considering the facts and circumstances then existing in the commonwealth.

SECTION 4. Chapter 40A of the General Laws is hereby amended by inserting after section 3A the following section:-

Section 3B. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Commission”, the alcoholic beverages control commission, established by section 70 of chapter 10.

“Outdoor table service”, restaurant service that includes food prepared on-site and under a food establishment permit issued by a municipal authority pursuant to 105 CMR 590.00 that is served to seated diners outside the restaurant building envelope, whether on a sidewalk, patio, deck, lawn, parking area or other outdoor space.

(b) Notwithstanding this chapter, any special permit, variance or other approval issued hereunder or any general or special law to the contrary, a city or town may approve a request for expansion of outdoor table service, including in the description of the licensed premises as described in subsection (c), or an extension of an earlier granted approval. Before such approval, the mayor, board of selectmen, select board or other chief executive officer, as established by charter or special act, shall establish the process for approving such requests. Such process shall not be required to comply with the notice and publication provisions of section 11. An approval under this section may be exercised immediately upon filing of notice thereof with the city or town clerk, without complying with any otherwise applicable recording or certification requirements.

(c) Pursuant to subsection (b), a local licensing authority may grant approval for a change in the description of the licensed premises for the purpose of permitting outdoor alcohol service, as the local licensing authority deems reasonable and proper, and issue an amended license to existing license holders, without further review or approval from the commission prior to issuance. Upon approval of an amended license, the local licensing authority shall provide notice of the amended license to the commission. Nothing in this section shall prevent the commission from exercising the commission’s enforcement authority over an amended license.

(d) Before approving any request to extend an earlier granted approval, a city, town or local licensing authority may modify the scope of the approval as the city, town or local licensing authority deems reasonable and proper, including, but not limited to, modifying the terms of an earlier granted approval to address potential issues with snow removal, pedestrian traffic or similar concerns.

SECTION 5. Section 80B of chapter 112 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following paragraph:-

An individual who graduated from a registered nursing or practical nursing program approved by the board or who is a senior nursing student attending the last semester of a registered nursing or practical nursing program approved by the board may practice nursing; provided, that: (i) the individual is employed by or providing health care services at the direction of a licensed health care facility or a licensed health care provider; (ii) the individual is directly supervised while providing health care services; and (iii) the employing licensed health care facility or licensed health care provider has verified that the individual is a graduate of a registered nursing or practical nursing program approved by the board or that the individual is a senior nursing student attending the last semester of a registered nursing or practical nursing program approved by the board. The board shall issue guidance to implement this section, which shall include guidance regarding the appropriate supervision of nursing students.

SECTION 6. Section 23 of chapter 20 of the acts of 2021, as most recently amended by section 39 of chapter 2 of the acts of 2023, is hereby further amended by striking out the figure “2024” and inserting in place thereof the following figure:- 2025.

SECTION 7. Item 1410-1616 of section 2 of chapter 28 of the acts of 2023 is hereby amended by striking out the words “city of Salem to support a Massachusetts national guard indoor” and inserting in place thereof the following words:- Massachusetts national guard to support an indoor.

SECTION 8. Item 7008-1116 of said section 2 of said chapter 28 is hereby amended by striking out the words “a nonprofit or similar organization” and inserting in place thereof the following words:- the Natick Center Cultural District.

SECTION 9. Item 8324-0050 of said section 2 of said chapter 28 is hereby amended by striking out the words “a self-contained breathing apparatus vehicle to ensure safety and efficiency in” and inserting in place thereof the following words:- "equipment for".

SECTION 10. Notwithstanding subsection (a) of section 23 of chapter 32B of the General Laws, the North Middlesex regional school district shall provide notice to the group insurance commission for the transfer of subscribers to the commission which shall occur not later than July 1, 2024.

SECTION 11. The executive office of housing and livable communities shall promulgate regulations or issue guidance regarding eligibility under subsection (G) of section 30 of chapter 23B of the General Laws which shall: (i) establish procedures for the termination of benefits; and (ii) allow a family with children or a pregnant woman with no other children to reapply for the emergency housing assistance program. Eligibility determinations for a family or pregnant woman reapplying for the program shall be consistent with the guidance issued by the secretary of housing and livable communities on October 31, 2023, entitled “Emergency Assistance Program Guidance on Waitlist and Prioritization Procedures pursuant to Capacity Declaration dated October 31, 2023”, pursuant to 760 CMR 67.10. No benefits shall be terminated under said subsection G of said section 30 of said chapter 23B until 90 days after the regulations or guidance required under this section are issued.

SECTION 12. There shall be a special commission to study and make recommendations on: (i) the sustainability, efficiency and effectiveness of the emergency housing assistance program; (ii) how to best support and ensure the long-term sufficiency of those seeking shelter; and (iii) creating a regional based response to support families in need of shelter.

The commission shall consist of: a member of the executive branch to be appointed by the governor, who is leading efforts to respond to the humanitarian crisis in the shelter system, who shall serve as chair; the secretary of housing and livable communities or a designee; the secretary of health and human services or a designee; the secretary of administration and finance or a designee; the director of the office for refugees and immigrants or a designee; the senate and house chairs of the joint committee on housing; the senate and house chairs of the joint committee on children, families and persons with disabilities; a member appointed by the minority leader of the house; a member appointed by the minority leader of senate; and 3 members to be appointed by the governor who shall reflect geographic diversity and have expertise in public and affordable housing, homelessness prevention or response or immigration and resettlement policy.

The commission shall consider the work and research of past commissions and further investigate, evaluate and make recommendations on items including, but not be limited to: (i) examining the financial impact and sustainability of response efforts and the emergency housing assistance program; (ii) identifying how existing resources can be allocated to ensure the long-term sustainability of emergency housing response efforts and the emergency housing assistance program; (iii) reviewing the existing reception and placement structure in the commonwealth for families seeking shelter, including immigrants, refugees and homeless individuals and families; (iv) evaluating and making recommendations to improve the existing structures in the commonwealth for determining eligibility, access to supportive services and placements for families seeking housing support or shelter, including immigrants, refugees and homeless families; (v) evaluating and making recommendations to improve the efficiency and integration of programs that provide temporary shelter, pathways to permanent housing, language capacity and workforce training; (vii) identifying improvements and structures necessary to reduce the time families spend in emergency shelter and transition them to more stable housing options; (vii) exploring opportunities to maximize the use of federal reimbursement for expenditures from the program; (viii) examining regional strategies to coordinate with local organizations and resettlement agencies to maximize resources to help resettle and integrate immigrants and refugees into the community including, but not limited to, stable housing opportunities, wraparound services, language lessons, job training programs and pathways to employment and self-sufficiency and state benefits and services; (ix) reviewing safety practices and procedures at emergency shelters established under the emergency housing assistance program, including hotels and motels used for emergency shelter and overflow emergency shelter sites; (x) identifying critical prevention strategies and necessary resources and structures to prevent homelessness among the emergency housing assistance program benefit recipients; and (xi) identifying any necessary support systems to assist recipients of emergency housing assistance program benefits in making successful transitions to permanent housing within a specified timeframe.

The commission shall file a report of its findings, including any recommendations, with the clerks of the senate and the house of representatives, the house and senate committees on ways and means, the joint committee on housing and the joint committee on children, families and persons with disabilities not later than December 1, 2024.

SECTION 13. Notwithstanding any general or special law to the contrary, following approval by the secretary of administration and finance, not more than $75,000,000 may be expended during any 30 day period from the Transitional Escrow Fund established by section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, for the purposes appropriated in item 7004-0101 of section 2 of chapter 28 of the acts of 2023 and item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be subject to appropriation.

SECTION 14. Notwithstanding any general or special law to the contrary, following approval by the secretary of administration and finance, not more than $65,000,000 shall be expended during any 30-day period from the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021 for the purposes appropriated in item 7004-0101 of section 2 of chapter 28 of the acts of 2023 and item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be subject to appropriation.

SECTION 15. Notwithstanding any general or special law to the contrary, following approval by the secretary of administration and finance, not more than $55,000,000 may be expended during any 30 day period from the Transitional Escrow Fund established by section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022 for the purposes appropriated in item 7004-0101 of section 2 of chapter 28 of the acts of 2023 and item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be subject to appropriation.

SECTION 16. Notwithstanding any general or special law to the contrary, following approval by the secretary of administration and finance, not more than $45,000,000 may be expended during any 30 day period from the Transitional Escrow Fund established by section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022 for the purposes appropriated in item 7004-0101 of section 2 of chapter 28 of the acts of 2023 and item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be subject to appropriation.

SECTION 17. Notwithstanding any general or special law to the contrary, following approval by the secretary of administration and finance, not more than $35,000,000 may be expended during any 30 day period from the Transitional Escrow Fund established by section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022 for the purposes appropriated in items 7004-0101 of section 2 of chapter 28 of the acts of 2023 and item 1599-0514 of section 2A of chapter 77 of the acts of 2023. Such expenditures shall not be subject to appropriation.

SECTION 18. The executive office for administration and finance shall submit a biweekly report to the house and senate clerks and the house and senate committees on ways and means, that shall include, but not be limited to: (i) the reporting required by item 1599-0514 of chapter 77 of the acts of 2023; (ii) the current funded capacity of the emergency housing assistance program; (iii) the number of families applying for shelter in the previous 14 days; (iv) the number of families on the waitlist for services under the emergency housing assistance program; (v) a description of the services provided to such families on the waitlist; (vi) the current number of families on the waitlist receiving services at overflow shelter sites; (vii) the total number of families who have exited the emergency housing assistance program in the previous 14 days; (viii) the total number of families on the waitlist who have been placed in shelter in the previous 14 days; (ix) the average length of stay for families in the emergency housing assistance program; (x) expenditures from the Transitional Escrow Fund in the previous 14 days in accordance with sections 12, 13, 14, 15, and 16, delineated by purpose; (xi) total expenditures from the Transitional Escrow Fund in accordance with sections 12, 13, 14, 15, and 16 since April 1, 2024, delineated by purpose; (xii) to the extent feasible the country of origin and citizenship status of all individuals and families who are receiving assistance under the emergency housing assistance program at the time of the report; (xiii) the number of individuals receiving assistance under the emergency housing assistance program that have obtained or have applied to obtain federal work authorization in compliance with all applicable state and federal laws; (xiv) the number of new student enrollments related to the emergency housing assistance program; and (xv) any efforts undertaken by the executive office for administration and finance to secure and maximize federal support and reimbursement for funds spent on the emergency housing assistance program.

SECTION 19. Section 13 is hereby repealed.

SECTION 20. Section 14 is hereby repealed.

SECTION 21. Section 15 is hereby repealed.

SECTION 22. Section 16 is hereby repealed.

SECTION 23. Section 17 is hereby repealed.

SECTION 24. Sections 3 and 11 shall take effect on June 1, 2024.

SECTION 25. Section 4 shall take effect on April 1, 2024.

SECTION 26. Sections 5 and 6 shall take effect on March 31, 2024.

SECTION 27. Sections 10, 14 and 19 shall take effect on July 1, 2024.

SECTION 28. Sections 15 and 20 shall take effect on October 1, 2024.

SECTION 29. Sections 16 and 21 shall take effect on January 1, 2025.

SECTION 30. Sections 17 and 22 shall take effect on April 1, 2025.

SECTION 31. Section 23 shall take effect on July 1, 2025.