§ 2HHHHHH — Disaster Relief and Resiliency Fund

[ Text of section added by 2024, 140, Sec. 58 effective the later of one full calendar month following the calendar month in which the secretary receives all federal approvals deemed necessary to implement said sections or January 1, 2025. See 2024, 140, Sec. 252.]Section 2HHHHHH. (a) There is hereby established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Disaster Relief and Resiliency Fund. There shall be credited to the fund: (i) money appropriated or transferred to the fund; (ii) funds from public or private sources specifically designated for the purposes of this section, including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth; (iii) repayment or reimbursement of money advanced from the fund as determined by the secretary of administration and finance; and (iv) all income derived from investment of amounts credited to the fund. Amounts credited to the fund shall be expended without further appropriation. The unexpended balance in the fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to be in deficit at any point.(b)(1) The fund shall be administered by the secretary of administration and finance, in consultation with the Massachusetts emergency management agency and, when practicable, the climate chief, who may expend money from the fund to provide emergency disaster relief and alleviate the damage, loss, hardship or suffering caused by a natural or other catastrophic event, including, but not limited to, a hurricane, tornado, storm, extreme rain, flood, tidal wave, earthquake, volcanic eruption, landslide, mudslide, snowstorm, extreme wind, extreme heat or cold temperature, explosion, catastrophic agricultural loss, fire or drought, which may include a circumstance in which a federal disaster declaration has not been made, or to supplement or advance funding related to a federal or state disaster declaration.(2) The secretary, in consultation with the Massachusetts emergency management agency and the climate chief, shall ensure that funds shall be allocated in a manner that enhances the resilience of infrastructure, including, but not limited to, nature-based solutions and strengthening protections from the impacts of future disasters.(3) The executive office for administration and finance, in consultation with the Massachusetts emergency management agency and, when practicable, the climate chief, shall develop program regulations and guidance for the implementation of the program which shall include, but shall not be limited to, an application process, including, but not be limited to, grant applications and eligibility criteria for the distribution of money from the fund. Program regulations and guidance shall: (i) maximize existing federal and commonwealth disaster relief and recovery programs and requirements; and (ii) prioritize and incentivize utilization of available federal disaster relief and recovery programs, insurance, loss prevention and mitigation and valid legal claims for compensation.(c)(1) Municipalities and other units and instrumentalities of state, local and regional government, non-profit organizations, businesses and individual residents of the commonwealth shall be eligible to receive funds consistent with regulations or guidance pursuant to paragraph (3) of subsection (b).(2) Payments may be distributed as reimbursements, loans, grants, matching funds, formula funds, cost share payments, debt forgiveness or as otherwise determined in regulations or guidance pursuant to paragraph (3) of subsection (b).(d) Annually, not later than December 31, the secretary shall file a report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the chairs of the joint committee on emergency preparedness and management, including: (i) all expenditures from the fund; (ii) the amount of each expenditure; (iii) recipients; (iv) the reason for each expenditure; (v) income received by the fund during that calendar year; (vi) programs developed or supported by the fund, including eligibility criteria for qualifying events and applicants for relief; and (vii) the application approval and submission process.