Important Change in the Filing Requirements for all State Regulations

Recent legislation, Chapter 240 of 2010, contains several important amendments to c. 30A of the M.G.L., which have changed the filing requirements of all state regulations.

First, a small business impact statement must now be filed with the Secretary of State's Regulations Division as part of the notice of public hearing or public comment period of any proposed regulation.

Second, the new law now requires each agency to file an amended small business impact statement with the Regulations Division prior to the adoption of a proposed regulation. This means that after the public hearing or comment period, but before the state agency approves its proposed regulation, that agency must file an amended small business impact statement with the Secretary of State's Office.

Next, we have updated our filing forms on our website at www.sec.state.ma.us/spr/sprmareg/inforegi.htm to reflect these new changes in the regulatory process. The section of the Regulation Filing Form entitled "Small Business Impact" now requires every agency to provide the date that the amended small business impact statement was filed with our office. This same section has been added to the Notice of Compliance Form to be filled out as required.

Finally, this new law was passed with a retroactive date meaning it shall apply to any regulation proposed after August 1, 2010. Therefore, any public hearing notice or public comment notice filed with the Secretary of State's Office after August 1, 2010 is required to have a small business impact statement included in it. Subsequent to that, each agency shall file the newly required amended small business impact statement prior to adopting its regulation.

Please contact the State Publications & Regulations Division at 617-727-2831 or regs@sec.state.ma.us if you have any questions.