HOUSE DOCKET, NO. 747 FILED ON: 1/28/2021
HOUSE . . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
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PRESENTED BY:
Bud L. Williams
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act the Commonwealth housing, economic, education and equity in recovery and
reconstruction.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS: DATE ADDED:
Bud L. Williams 11th Hampden 1/28/2021
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 HOUSE DOCKET, NO. 747 FILED ON: 1/28/2021
HOUSE . . . . . . . . . . . . . . . No.
[Pin Slip]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE [Refile Branch], NO. OF 2019-2020.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
An Act the Commonwealth housing, economic, education and equity in recovery and
reconstruction.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
address stark racial, social, and economic disparities, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation of the public health.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Whereas Black and Latino residents of the Commonwealth have been
2 impacted in ways disproportionate to their respective numbers in the population; and, the
3 disparate impacts of the coronavirus pandemic of 2020 has revealed in stark ways existing social
4 and economic disparities, which Black and Latino residents have endured for far too long; it is
5 the intention of the general court, during the recovery from the pandemic and after, to take
6 meaningful actions to redress said disparities and the social and economic determinants that are
7 at the root of them. To achieve the purposes as stated in this section and sections 2 through 8,
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 8 inclusive, this Act shall be known as the Commonwealth Housing, Economic, Education and
9 Equity in Recovery and Reconstruction Act or the CHEEERR ACT.
10 SECTION 2. As used in sections 2 through 13, inclusive, the following words shall,
11 unless the context clearly requires otherwise, have the following meanings:—
12 “Agencies”, non-profit organizations located and operating within disparately impacted
13 communities with whom the commission may enter into contracts pursuant to section 9 for the
14 operation of corps projects.
15 “Commission”, the commonwealth corps commission established pursuant to section
16 “Bureau”, the Massachusetts Bureau on Social and Economic Equity in Recovery and
17 Reconstruction established pursuant to section 3.
18 “Corps”, the commonwealth housing, economic, education and equity in recovery and
19 reconstruction service corps or CHEEERRS corps established pursuant to section 11.
20 “Corps members”, individuals who commit to no more than 24 months of full or part-
21 time service in the commonwealth service corps pursuant to section 12.
22 “Corps projects”, programs established pursuant to this act to satisfy unmet community
23 needs.
24 “Disparately impacted community”, shall mean (a) a defined geographic area in which
25 Black and Latino residents whose rate of infection for the coronavirus exceeds their
26 proportionate share of the population of said geographic area as of May 1, 2020; or, (b) a
27 medically underserved community or (c) low and moderate income community; or, (c) an
28 educationally disadvantaged community;
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29 “Educationally disadvantaged community”, shall mean a local school district in which the
30 percentage of children attending school in the district eligible for free or reduced cost lunches
31 under eligibility guidelines promulgated by the federal government under 42 USC 1758 exceeds
32 the forty percent;
33 "Low and moderate income community", a geographic area, within a city or town,
34 consisting of either (a) three or more contiguous census tracts or (b) a zip code or (c) a
35 neighborhood, in which either: (1) a majority of the households are low and moderate income
36 households as defined herein; or (2) the unemployment rate is at least 20 per cent higher than the
37 annual statewide average unemployment rate where such statewide unemployment rate is less
38 than or equal to 5 per cent; provided that, if the annual statewide average unemployment rate is
39 greater than 5 per cent, the community's unemployment rate need only be 10 per cent higher;
40 "Low and moderate income households", households which have incomes that do not
41 exceed 80 per cent of the median income for the area, with adjustments made for smaller and
42 larger families, as such median shall be determined from time to time by the Secretary of
43 Housing and Urban Development pursuant to 42 USC section 1437(a)(B)(2);
44 “Medically underserved community”, shall have the same meaning as used pursuant to
45 section 799B of the Public Health Service Act (42 U.S.C. 295p); and,
46 “Small business”, shall mean a business (i) owned or controlled by a Black or Latino
47 individual or individuals (ii) whose annual net revenue is less than $5,000,000 and (iii) located in
48 a low or moderate income community.
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49 “Unmet community needs”, needs including, but not limited to, those pertaining to
50 education, public health, public safety, the environment and other human needs in underserved
51 populations in disparately impacted communities in the commonwealth.
52 SECTION 3. (a) There shall be a Massachusetts bureau on social and economic equity in
53 recovery and reconstruction, in this section and in sections 4 through 15, inclusive, called the
54 bureau. Said bureau shall consist of an administrator and an advisory council, as described in
55 section 15. The administrator shall be appointed by the governor pursuant to paragraph (b), shall
56 serve a term of five years, and shall be removed only for cause. Notwithstanding the foregoing,
57 the administrator shall be eligible for reappointment to an additional five-year term.
58 (b) The administrator shall be appointed by the governor and shall serve a term of five
59 years; provided that in making said appointment, the governor shall choose the administrator
60 from a list of three candidates presented to the governor from a committee, consisting of seven
61 individuals comprised as follows: one member appointed to be appointed by the governor, two
62 members to be appointed by the speaker of the house of representatives, one member to be
63 appointed by the minority leader of the house of representatives, two members to be appointed
64 by the senate president, and one member to be appointed by the senate minority leader; provided
65 further , that said all said appointments shall be made within thirty days of passage of this Act.
66 (c) The position of administrator shall be classified in accordance with section forty-five
67 of chapter thirty, and the salary shall be determined in accordance with section forty-six C of
68 said chapter thirty. The administrator shall devote his or her full time during business hours to
69 the duties of the office.
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70 (d) The administrator shall, with the advice of the advisory council, have sole charge of
71 the supervision and administration of the office. The administrator may, subject to fiscal
72 resources available to support the operations of the bureau, employ and remove such assistant
73 administrators and other employees and consultants as administrator may deem necessary to
74 enable the performance of the functions of the bureau; provided that not more than ten percent of
75 said resources shall be expended on staff in any fiscal year. The provisions of chapter thirty-one
76 and section nine A of chapter thirty shall not apply to the administrator or to such assistant
77 administrators and consultants as may be appointed. In making such appointments, the
78 administrator shall hire individuals who reflect the racial, ethnic and gender make-up of
79 disparately impacted communities.
80 SECTION 4. Subject to the advice of the advisory council, the administrator may apply
81 for and accept on behalf of the commonwealth any federal, local or private grants of money or
82 property, whether real or personal, from any source, whether public or private, bequests, gifts or
83 contributions to aid in the financing of any of the programs or policies of the bureau. Such funds
84 shall be received by the state treasurer on behalf of the commonwealth and deposited in a
85 separate account and shall be expended under the direction of the administrator.
86 SECTION 5. The bureau, in fulfillment of its purposes, shall have the following duties
87 and functions:
88 (a) to administer and manage the Commonwealth Health, Economic, Education, and
89 Equity Recovery and Reconstruction Fund, established pursuant to section 2DDDDD of chapter
90 29, and to effectuate the purposes of the bureau as outlined in this section and in sections 4
91 through 14, inclusive.
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 92 (b) to identify, analyze, evaluate and monitor public policies, programs, services and
93 regulations promulgated by state agencies (i) in response to recovery efforts pursued in response
94 to the Covid-19 pandemic and (ii) in the course of state agency activity; provided that a
95 particular focus shall be on the affect said policies, programs, services or regulations may have
96 or are likely to have on persons residing in disparately impacted communities. In addition, the
97 bureau shall have the following specific functions:
98 (i) to identify and recommend to the secretary of housing and community development
99 and to the director of the department of business and technology sources of state, federal and
100 private funds which are available to mitigate, or can be used to mitigate, the disparate access to
101 capital and technical assistance available to small businesses owned or operated by individuals
102 who reside in disparately impacted communities; (ii) to identify and recommend to the
103 undersecretary for housing and community development and public instrumentalities with the
104 department of housing and community development sources of state, federal and private funds
105 which are available to mitigate, or can be used to mitigate, the disparate access to affordable and
106 adequate housing on the part of individuals and households who reside in disparately impacted
107 communities; (iii) to identify and recommend to the commissioner of public health sources of
108 state, federal and private funds which are appropriated or otherwise are available to mitigate, or
109 can be directed to mitigate, existing and emerging disparate incidences of illness and disease
110 experienced by individuals and households who reside in disparately impacted communities;
111 provided that in mitigating such incidences, the commissioner of public health shall expend said
112 monies in a manner proportionate to the prevalence of said diseases and illnesses among racial
113 and ethnic minorities; provided further, that the administrator may consult with the office of
114 health equity as necessary and appropriate to effect the purposes of this subsection; (iv) to
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115 identify and recommend to the commissioner of elementary and secondary education sources of
116 state, federal and private funds which are appropriated or otherwise available to mitigate, or can
117 be utilized to mitigate, disparate access to and outcomes in educational instruction and programs
118 experienced by students attending schools in disparately impacted communities;
119 (c) to set aside an amount not less than fifty million dollars to implement innovative and
120 strategic re-entry programs targeted to returning citizens, as such term is defined in section ___;
121 provided, that in implementing said innovative and strategic re-entry programs, the bureau is
122 hereby authorized to enter into grants, not to exceed five hundred thousand per annum, with
123 nonprofit organizations with a demonstrated track record of assisting returning citizens in
124 integrating back into the community; provided further, that the bureau is hereby authorized to
125 undertake, solely or in conjunction with state agencies, public instrumentalities, municipalities in
126 which disparately impacted communities are located or nonprofits located in disparately
127 impacted communities the following activities:
128 (i) the development and implementation of family resource and reunification centers in
129 numerous quadrants of a disparately impacted community;
130 (ii) the development and implementation of community-led or neighborhood based, long-
131 term substance use treatment services dispersed in numerous locations throughout a disparately
132 impacted community;
133 (iii) the development and implementation of community-led counseling services
134 dispersed in locations throughout a disparately impacted community;
135 (iv) the development and implementation of transitional to permanent housing for
136 returning citizens; and,
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137 (v) the development and implementation of community-led post incarceration support to
138 replace parole and probation In fulfillment of paragraphs (a) and (b), the bureau is hereby
139 authorized to contract with or provide grant funding to individuals, organizations, corporations,
140 associations or nonprofit organizations located in disparately impacted communities to carry out
141 the purpose and functions of the bureau. In fulfillment of paragraphs (a), (b) and (c), the
142 administrator shall establish and promulgate public guidelines to govern contracts and grants.
143 SECTION 6. In order to fulfill the functions of the bureau such information as the
144 administrator may require from any department, division, board, bureau, commission or agency
145 shall be made available without delay, upon written request, to any said department, division,
146 board, bureau, commission, or agency of the commonwealth.
147 SECTION 7. (a) The Commonwealth Health, Economic, Education, and Equity in
148 Recovery and Reconstruction Fund, established pursuant to section DDDDD of chapter 29, shall
149 be within the bureau. The administrator shall oversee the management and activities of the fund
150 either directly or through the appointment of a fund director, to be appointed by the
151 administrator. The bureau, with the advice of the secretary of administration and finance, shall
152 adopt guidelines to implement the fund.
153 (b) The amounts credited to the fund shall be used to support (i) the activities of the
154 bureau as outlined in sections 3 through 14, inclusive and (ii) new and innovative strategies and
155 efforts to redress disparities in health, economic and educational outcomes by individuals and
156 households residing in disparately impacted communities and may be expended, without further
157 appropriation. To maximize the mitigation of disparate impacts across the policy and program
158 areas, including but not limited to health, economics and education, the administrator may
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159 expends such amounts are necessary; provided that the administrator shall not expend, annually,
160 any more than twenty percent of the amount transferred from the Commonwealth Stabilization
161 Fund pursuant to section DDDDD of chapter 29.
162 (c) Annually, not later than October 1, the administrator shall report to the clerks of the
163 house of representatives and senate and the house and senate committees on ways and means on
164 the fund's activity. The report shall include, but not be limited to: (i) the source and amount of
165 funds received; (ii) the amounts distributed and the purpose of expenditures from the fund; (iii)
166 any grants provided to stakeholder organizations; and (iv) anticipated revenue and expenditure
167 projections for the next year.
168 SECTION 8. There shall be a designated small business stabilization and support fund
169 within the bureau. The fund shall be administered and managed by a fund director, who shall be
170 appointed by the administrator. The administrator shall adopt guidelines that are necessary to
171 implement the purposes of the fund. The administrator may consult with state agencies, public
172 instrumentalities, community development financial institutions, and other such organizations as
173 the administrator shall deem appropriate in the development of said guidelines. The fund shall be
174 initially