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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2000 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 forthwith to make or supplement certain appropriations for the fiscal year ending June 30, 2000 and to make certain changes in the 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 health, safety and 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 certain unanticipated obligations of the commonwealth, to provide for certain other activities and projects and to meet certain requirements of law, the sums set forth in sections 2 and 2A are hereby appropriated from the general fund unless specifically designated otherwise for the several purposes and subject to the conditions specified herein and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2000. Said sums shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

SECTION 2.

OFFICE OF CONSUMER AFFAIRS

Alcoholic Beverages Control Commission.

7006-0100 ............................................$160,800

SECTION 2A.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Reserves.

1599-0046
For a reserve for the payment of certain court judgments, settlements and legal fees, in compliance with regulations promulgated by the comptroller; provided, that not less than $17,198,343 shall be expended for certain actions pertaining to the taking of land through agencies within the executive office of environmental affairs; and provided further, that not less than $34,250,000 shall be expended for the settlement agreement in Patricia I. Barletta and John G. Bulman, as Trustees of the Vincent D. Barletta 1971 Trust v. Division of Capital Asset Management and Maintenance of the Commonwealth of Massachusetts, Worcester Superior Court C.A. No. 99-0657 C .................................$51,748,343

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.

7004-1000
For a one-time state supplement to the federal Low Income Home Energy Assistance Program for the purpose of assisting low income elders, working families and other households with the purchase of heating oil and propane; provided, that funds from this item shall not be expended until all federal funds available for said purpose have been obligated for said purpose; provided further, that all assistance awarded by said program shall be expended in the following order of priority: (1) all eligible households not previously awarded assistance by said federal program; (2) working families with incomes between 175 and 200 per cent of the federal poverty level; and (3) households previously awarded federally-funded assistance in fiscal year 2000; provided further, that the department may increase the maximum assistance for which a household is eligible to reflect the need of such household; and provided further, that any additional federal funds allocated to said program received after March 15, 2000 shall reimburse the general fund for expenditures made from this item ........................................$12,000,000

SECTION 3. Section 31 of chapter 29 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in line 6, the words "Weekly advances" and inserting in place thereof the following word:- Advances.

SECTION 4. Said section 31 of said chapter 29, as so appearing, is hereby further amended by striking out, in lines 36, 41 and 49, the word "weekly", each time it appears.

SECTION 5. Said section 31 of said chapter 29, as so appearing, is hereby further amended by striking out, in line 7, the word "shall" and inserting in place thereof the following word:- may.

SECTION 6. Item 1599-7015 in section 2 of chapter 127 of the acts of 1999 is hereby amended by striking out the words "provided further, that no more than ten probation officers-in-charge" and inserting in place thereof the following words:- provided further, that not more than 24 probation officers-in-charge.

SECTION 7. Item 7006-0100 of said section 2 of said chapter 127 is hereby amended by adding the following words:- ; and provided further, that notwithstanding the provisions of any general or special law to the contrary, there shall be not less than eight investigators employed by the commission for the purpose of investigating and enforcing the alcoholic beverages laws.

SECTION 8. The director of consumer affairs and business regulation, in collaboration with the division of energy resources and the department of telecommunications and energy, shall report on and make recommendations relative to initiatives the commonwealth might undertake to improve its preparedness and prevent shortfalls in the stockpiling and distribution of residential home heating oil for the winter of 2000 to 2001, inclusive. The report shall consider, but not be limited to, initiatives that: (1) improve the forecasting of prices, inventories and other obstacles to the reasonable pricing and delivery of home heating oil; (2) facilitate the coordination of information and resources with federal agencies, oil wholesalers and retailers, oil purchasing collectives and media outlets; and (3) allow for priority deliveries of oil to residential users during peak demand periods away from commercial and industrial users to ensure adequacy of supply. The report shall recommend policies, programs or legislation necessary to effectuate any such initiatives and shall include a projection of any additional fiscal or other resources necessary to improve the preparedness of the commonwealth in preventing shortfalls and accompanying price hikes. The report shall be submitted to the secretary of administration and finance, the joint committee on energy and the house and senate committees on ways and means not later than March 10, 2000.

SECTION 9. Notwithstanding the provisions of section 22C of chapter 32 of the General Laws or any other general or special law to the contrary, the comptroller shall, on or before March 1, 2000, transfer $50,000,000 from the general fund to the Pension Reserves Investment Trust Fund established in subdivision (8) of section 22 of said chapter 32. Such transfer shall supplement the amount appropriated in item 0612-1010 of section 2 of chapter 127 of the acts of 1999 for the sole purpose of reducing previously unknown liabilities resulting from the transition to new actuarial software by the public employee retirement administration commission.

SECTION 10. Sections 3, 4 and 5 shall take effect as of January 1, 2000.

Approved February 25, 2000.