Filing Letter

August 2, 2017

To the Honorable Senate and House of Representatives:

I am filing for your consideration a bill entitled “An Act Making Appropriations for Fiscal Year 2017 to Provide for Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects.”

This bill consists of $59.5 million in supplemental appropriations, at a net state cost of $58.5 million, with the other $1 million funded from an environmental fund that is not part of statutory balance.  

The largest item is $50.4 million for snow and ice spending that occurred last winter.  While MassDOT was able to exercise its authority to spend into deficiency in order to pay these costs, it still needs legislative authorization in order to close the books on the year.  Other recommendations include National Guard tuition and fee costs ($4.7 million) and certain district attorneys’ costs ($427,186).  

I recommend that you use fiscal year 2017 resources for the Safe and Successful Youth Initiative, a violence-reduction program that saves and transforms lives.  I also recommend the use of $1 million from the Marine Recreational Fisheries Development Fund to build a fishing pier at Deer Island.  

I further recommend increasing one chargeback ceiling, and continuing $10 million in existing authorizations into fiscal year 2018.

Several spending items filed in February and still pending in the Legislature (H.72) remain necessary.  I renew my request that you authorize spending for sheriffs’ deficiencies ($20.4 million), Saltonstall lease costs ($2.2 million), National Guard tuition and fee waivers ($4 million, in addition to the $4.7 million filed today), and contractually-mandated training costs through the Human Resources Division ($250,000).

This bill includes two sections that facilitate our joint efforts to close the fiscal year 2017 budget despite lower than projected tax revenue growth this spring.

Three sections make substantive changes to the FY18 budget: authorizing a $5 million reserve for the implementation of an employer contribution to health care, advancing MassHealth savings by requiring commercial insurers to make more detailed certifications on the coverage of community-based behavioral and mental health services for children, and authorizing MCAD to spend $600,000 more from federal funds.  One section creates a statutory trust for substance use disorder (SUD) services, funded with expected federal 1115 waiver funds.  The bill also proposes other technical changes to spending bills or the General Laws

As with the spending items, I ask that you act on several sections previously filed and now pending as H.72:


Section 6 Changes to the 2014 welfare reform law to remove the cap on the number of recipients that “specialists” can assist in order to rebalance caseloads at the department of transitional assistance;
Sections 23-25 Changes to MGL Sec. 119, § 23, to bring the state into compliance with the federal Preventing Sex Trafficking and Strengthening Families Act;
Sections 34-36 Job order contracting extension;
Section 41 Elder Affairs transferability language;
Section 43 MassHealth accounts payable;
Section 44 MassHealth transferability language; and
Sections 45-46 Transfers related to the Commonwealth Care Trust Fund

Sufficient revenues are estimated to be available to finance the appropriations and other measures proposed in this legislation. 

Because fiscal year 2017 has already ended, I urge you to enact this legislation promptly.

Respectfully submitted,

Charles D. Baker
Governor

 


 

Bill Text

AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2017 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 purposes, which are forthwith to make supplemental appropriations for fiscal year 2017 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:

SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2017, 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, 2017.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.  These sums shall be made available until June 30, 2018. Notwithstanding any general or special law to the contrary, appropriations made in section 2 shall not revert and shall be available for expenditure until June 30, 2010.

 

SECTION 2.

 

DISTRICT ATTORNEYS

Hampden District Attorney

0340-0500  Hampden District Attorney............................................................................. $150,215

Bristol District Attorney

0340-0998  Bristol District Attorney State Police OT.......................................................... $19,393

Cape and Islands District Attorney

0340-1000  Cape and Islands District Attorney.................................................................. $257,578

 

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Department of Fish and Game

2330-0300  Saltwater Sportfish Licensing....................................................................... $1,000,000

 

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary

4000-0005  Safe and Successful Youth Initiative............................................................ $3,000,000

 

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Department of Transportation

1595-6368  Massachusetts Transportation Trust Fund.................................................. $50,375,417

Commonwealth Transportation Fund………100%

 

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Military Division

8700-1150  National Guard Tuition and Fees.................................................................. $4,700,000

SECTION 2B. To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2017, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations, and to meet certain requirements of law, the sums set forth in this section are hereby authorized from the Intragovernmental Service Fund for the several purposes specified in this section or in the appropriation acts, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2017.  These sums shall be in addition to any amounts previously authorized and made available for the purposes of those items.

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary

4000-0102  Human Services Transportation...................................................................... $353,021

 

SECTION 2C.I.  For the purpose of making available in fiscal year 2018 balances of appropriations which otherwise would revert on June 30, 2017, the unexpended balances of the 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 133 of the acts of 2016.  However, for items which do not appear in section 2 of the general appropriation act, 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 133; provided, however, that for items which do not appear in section 2 of said chapter 133, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 through 2E of this act or in prior appropriation acts.  The unexpended balance of each appropriation in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17 is hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in said section 2 of said chapter 133. The sums re-appropriated in this section shall be in addition to any amounts available for said purposes.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Reserves

1599-0044  Special Litigation Reserve................................................................................. $80,000

1599-0054  Hinton Lab Response Reserve..................................................................... $1,162,177

1599-0840  Cannabis Costs Reserve.................................................................................. $300,000

1599-0999  Organization Transformation Reserve............................................................. $253,085

1599-4445  Quarter Point Reserve..................................................................................... $300,000

Health Policy Commission

1599-1450  Health Policy Commission Substance Abuse.................................................. $233,997

1599-2004  Health Care Cost Containment Reserve............................................................. $83,326

 

MASSACHUSETTS OFFICE OF INFORMATION TECHNOLOGY

1790-0300  Vendor Computer Service Fee Retained Revenue........................................ $3,500,000

 

CENTER FOR HEALTH INFORMATION AND ANALYSIS

4100-0060  Center for Health Information and Analysis................................................. $1,800,000

 

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Mental Health

5046-0000  Adult Mental Health and Support Services..................................................... $900,000

Department of Children and Families

4800-0091  Child Welfare Training Institute Retained Revenue......................................... $160,000

Department of Veteran Services

1410-0018  Agawam and Winchendon Cemeteries Retained Revenue............................... $139,396

Chelsea Soldiers Home

4180-1100  License Plate Sales Retained Revenue............................................................. $128,995

Holyoke Soldiers Home

4190-0300  Holyoke 12 Bed Retained Revenue................................................................... $30,000

4190-1100  License Plate Sales Retained Revenue............................................................. $587,579

 

SECTION 3. Section 18W of chapter 6A of the General Laws, as inserted by section 6 of chapter 6 of the acts of 2017, is hereby repealed.

SECTION 4. Subsection (a) of section 12 of chapter 12C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- In order to ensure patient data confidentiality, the center shall not contract or transfer control of the database to a third-party entity, nonprofit organization or governmental entity; provided, however, that the center may enter into interagency services agreements for transfer and use of the data.

SECTION 5. Section 2QQQ of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words, “supplemental and incentive”.

SECTION 6. Subsection (b) of section 2RRRR of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after the third sentence the following sentence:- For the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.

SECTION 7. Chapter 29 of the General Laws is hereby amended by inserting after section 2XXXX the following section:-

Section 2YYYY.  In order to implement MassHealth’s substance use disorder 1115 waiver  demonstration project and to enhance and expand substance use disorder services, there shall be established and set up on the books of the commonwealth a separate fund to be known as the Substance Use Disorder Federal Reinvestment Trust Fund, in this section called the fund. There shall be credited to the fund revenues equal to the amount of federal financial participation received by the Commonwealth’s  General Fund for expenditures for Residential Recovery  Services, Transitional Support Services,  Family Recovery Services,  Recovery Support Navigator Services, Recovery Coach Services and other new or expanded substance use disorder treatment services  and any other federal reimbursements, grants, premiums, gifts, interest or other contributions from any source received that are specifically designated to be credited to the fund.   The secretary of health and human services shall be the trustee and expend monies in the fund, without further appropriation, to expand and enhance the substance use disorder service continuum for individuals in need of substance use disorder services and to support the planning, implementation and operating costs of administering these funds. For the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the fund may incur expenses, and the comptroller shall certify for payment, amounts not to exceed the most recent revenue estimate as certified by the MassHealth director, as reported in the state accounting system. Amounts credited to the fund shall not be subject to further appropriation and monies remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.

SECTION 8. Section 5H of chapter 29 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The state treasurer shall certify by October 31, the amount of actual receipts and distributions to claimants of abandoned property for the previous fiscal year, and beginning in fiscal year 2013, the comptroller shall transfer 75 per cent of the growth in abandoned property net revenue, defined as the difference between abandoned property receipts and distributions to claimants, that exceeds the amount of net revenue collected during the previous fiscal year, to the Commonwealth Stabilization Fund established by section 2H; provided, however, that said transfer shall be made prior to the certification of the consolidated net surplus for the previous fiscal year as provided in section 5C.

SECTION 9. Subsection (a) of section 20 of chapter 301 of the acts of 1998, as appearing in chapter 291 of the acts of 2014, is hereby amended by inserting after the figure “19”, in line 26, the following words:-  ; and provided further, that a refunding or reissuance of the Series 2010A bonds or any use of the proceeds of the Series 2010A bonds, whenever occurring, shall not be deemed to be the issuance of bonds or notes after the effective date of this section.

SECTION 10. Chapter 224 of the acts of 2012 is hereby amended by inserting after section 254 the following section:-

Section 254A. All carriers and their contractors shall include in their annual certification required under section 254 of this act, a certification indicating whether the carrier’s coverage includes the following mental health home- and community-based services for children and adolescents under the age of 21: intensive care coordination for youth with serious emotional disturbance; mobile crisis intervention; family support and training; in-home therapy; therapeutic mentoring services; and in-home behavioral services. The parity attestation shall substantiate that networks for said provided services are active and adequate to ensure access.

For the purposes of this section, the following words shall have the following meanings:

“Family support and training”, a service provided to a parent or caretaker of a youth under the age of 21 to improve the parent or caretaker’s capacity to ameliorate or resolve the youth’s emotional or behavioral needs and strengthen the person’s capacity to parent; provided, that said services shall be provided where the youth resides, such as the home, including a foster home and therapeutic foster home, or another community setting.

“In-home behavioral services”, shall mean a combination of behavior management therapy and behavior management monitoring; provided, that behavior management therapy shall include assessment, development of the behavior plan, and supervision and coordination of interventions to address specific behavioral objectives or performance, including the development of a crisis-response strategy; provided further, that behavior management therapy shall addresses challenging behaviors which interfere with the child’s successful functioning and may include short-term counseling and assistance; provided further, that behavior management monitoring shall include implementation of said behavior plan, monitoring the child’s behavior, reinforcing implementation of said plan by parents or other caregivers.

 “In-home therapy” shall mean therapeutic clinical intervention or ongoing training and therapeutic support; provided, that therapeutic clinical intervention shall include a structured, consistent, therapeutic relationship between a licensed clinician and the child and family for the purpose of treating the child’s mental health needs including improving the family’s ability to provide effective support for the child and to promote healthy functioning of the child within the family; provided, further that therapeutic clinical intervention shall include the development of a treatment plan and, using established psychotherapeutic techniques, working with the entire family or a subset of the family, to enhance problem-solving, limit-setting, communication, emotional support or other family or individual functions; provided further, that ongoing therapeutic training and support shall include services that support implementation of the above mentioned treatment plan, including, but not limited to, teaching the child to: understand, direct, interpret, manage and control feelings and emotional responses to situations, and to assist the family in supporting the child in addressing his or her emotional and mental health needs; provided further, that said services shall be provided where the youth resides, such as the home, including a foster home and therapeutic foster home, or another community setting.   

“Mobile crisis intervention”, a short-term service that is a mobile, on-site, face-to-face therapeutic response, which is available 24 hours a day, 7 days a week, to a youth experiencing a behavioral health crisis for the purpose of identifying, assessing, treating, and stabilizing the situation and reducing immediate risk of danger to the youth or others consistent with the youth’s risk management/safety plan, if any.

“Therapeutic mentoring services”, services provided to a youth under the age of 21 designed to support age-appropriate social functioning or ameliorate deficits in the youth’s age-appropriate social functioning; provided, that said services may include supporting, coaching, and training the youth in age-appropriate behaviors, interpersonal communication, problem-solving, conflict resolution and relating appropriately to other children and adolescents, as well as adults, in recreational and social activities; provided further, that said services shall be provided where the youth resides, such as the home, including a foster home and therapeutic foster home, or another community setting.

SECTION 11. Item 1233-2350 of section 2 of chapter 133 of the acts of 2016 is hereby amended by striking out the words “State Lottery and Gaming Fund” and inserting in place thereof the following words:- Gaming Local Aid Fund.

SECTION 12. Item 9110-1630 of said section 2 is hereby amended by striking out the words

"General Fund………….…....................95%

Community First Trust Fund…………..5%"

 

and inserting in place thereof the following words :-

General Fund………….…......................86.32%

Community First Trust Fund………….13.68%

SECTION 13. Item 0940-0101 of section 2 of chapter 47 of the acts of 2017 is hereby amended by striking out the figure “$2,468,211” and inserting in place thereof the following figure:- $3,100,000.

SECTION 14. Said section 2 of said chapter 47 is hereby further amended by inserting after item 1599-1977 the following item:-

1599-3222     For a reserve to fund the administrative costs associated with the implementation of an employer contribution,  including, but not limited to, costs of commonwealth personnel, contracts, and the purchase of new information technologies as necessary; provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that the secretary may only transfer such amounts to other items of appropriation and allocations within the executive office for administration and finance, the executive office of health and human services, the executive office of labor and workforce development, the department of revenue, and the department of unemployment  assistance .......................... $5,000,000.

SECTION 15. Said section 2 of said chapter 47 is hereby further amended by inserting, after item 4000-0051, the following item:-

4000-0250  For the Executive Office of Health and Human Services, which may expend for the costs of the operations and maintenance of the health insurance exchange not more than $15,000,000 from monies received from the Commonwealth Connector Authority; provided, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the office may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that any unspent balance at the close of fiscal year 2018 shall remain in the account and may be expended for this item in fiscal year 2019….$15,000,000.

SECTION 16. Said section 2 of said chapter 47 is hereby further amended by striking out item 7002-1075.

SECTION 17. Item 8324-0000 of said section 2 of said chapter 47 is hereby amended by inserting after the words "shall use the split training option" , the following words: - ; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for the administration of the department of fire services, the state fire marshal's office, the Massachusetts firefighting academy, Critical Incident Stress Management programs, the On-Site Academy, other fire training academies, the regional dispatch centers, the radio and dispatch center improvements, and the associated fringe benefits costs of personnel paid from this item for these purposes shall be assessed upon insurance companies writing fire, homeowners multiple peril, or commercial multiple peril policies on property situated in the commonwealth, and paid within 30 days after receiving notice of this assessment from the commissioner of insurance.

SECTION 18. Item 2000-1701 of section 2B of said chapter 47 is hereby amended by striking out the figure “$1,535,671”, and inserting in place thereof the following figure:- $3,150,000.

SECTION 19. Item 4000-0102 of said section 2B of said chapter 47 is hereby amended by striking out the figure “8,878,161”, and inserting in place thereof the following figure:- $11,914,066

SECTION 20. Item 1595-1068 of Section 2E of said chapter 47 is hereby amended by striking out item 1595-1068 and inserting in place thereof the following item:-

1595-1068...... For an operating transfer to the MassHealth provider payment account in the Medical Assistance Trust Fund established in section 2QQQ of chapter 29 of the General Laws; provided, that these funds shall be expended for services provided during state or federal fiscal year 2016, 2017 or 2018 or for public hospital transformation and incentive initiative payments for state fiscal year 2017 or 2018 or for Medicaid care organization payments under 42 CFR 438.6(c) for rate year 2018; provided further, that all payments from the Medical Assistance Trust Fund shall be: (i) subject to the availability of federal financial participation; (ii) made only under federally-approved payment methods; (iii) consistent with federal funding requirements and all federal payment limits as determined by the secretary of health and human services; and (iv) subject to the terms and conditions of an agreement with the executive office of health and human services; provided further, that the secretary of health and human services shall notify, in writing, the house and senate committees on ways and means and the joint committee on health care financing of increases or decreases in any payments made within the term of the current 1115 waiver or other state plan amendments within 15 days; and provided further, that the secretary of health and human services will utilize funds from the Medical Assistance Trust Fund to make payments of up to $492,955,903 to the Cambridge public health commission or to Medicaid care organizations for payment to the Cambridge public health commission if the Cambridge public health commission, in anticipation of receiving such payments, first voluntarily transfers an amount equal to the non-federal share of such payments to the Medical Assistance Trust Fund using a federally-permissible source of funds $747,100,000

 

SECTION 21. Section 2E of said chapter 47 is hereby amended by inserting after item 1595-1069 the following item:-

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Career Services

1595-1075   For an operating transfer to the Workforce Competitiveness Trust Fund established in Section 2WWW of chapter 29 of the General Laws……..$1,000,000

SECTION 22. Chapter 63 of the acts of 2017 is hereby amended by striking out section 15 and inserting in place thereof the following section:-

Section 15. Sections 1, 3, 5, 7 and 9 shall take effect on January 1, 2018.

SECTION 23. Notwithstanding any general or special law to the contrary, unexpended balances from item 7004-9024 of Section 2 of Chapter 133 of the acts of 2016 shall revert to the General Fund at the end of fiscal year 2017.

SECTION 24. Notwithstanding any general or special law to the contrary, before the close of fiscal year 2017 and upon the recommendation of the secretary of administration and finance and the secretary of health and human services, or their designees, the comptroller shall adjust any fiscal year 2017 appropriation fund split against or transferred out of the Community First Trust Fund established in section 35AAA of chapter 10 of the General Laws to match final department fiscal year 2017 Community First Trust Fund expenditures.