Notices of Public Hearing (Published 01/05/2024)

Economic Development, Executive Office of
400 CMR 6.00

NOTICE OF PROPOSED REPEAL OF REGULATION
400 CMR 6.00
Notices to Quit Attestation Form

Notice is hereby given pursuant to Massachusetts General Laws chapter 30A that the Executive Office of Economic Development (“EOED”) is proposing to repeal and rescind the regulation at 400 CMR 6.00 entitled “Notices to Quit Attestation Form” (“Regulation”).

The Regulation implemented certain sections of Section 1 of Chapter 257 of the Acts of 2020, as amended (the "Act"), requiring EOED to promulgate regulations to develop and receive copies of a form landlords were required to provide containing certain information related to residential tenant’s rights and available resources when given a written notice to quit for nonpayment of rent. Section 30 of Chapter 42 of the Acts of 2022 repealed Section 1 of Chapter 257 of the Acts of 2020 on March 31, 2023, thereby rescinding the authority for the Regulation.

Written public comments on the Regulation shall be accepted from December 22, 2023 until 5:00 pm on January 12, 2024 and should be submitted via email to Robert.McGovern@mass.gov or mailed to: Robert McGovern, Executive Office of Economic Development, 1 Ashburton Place, 21st Floor, Boston, MA 02108. Copies of the proposed regulations are available at the following - https://www.mass.gov/doc/400-cmr-6-notices-to-quit-attestation-form/download. 

By Yvonne Hao Secretary of the Executive Office of Economic Development

CMR No: 400 CMR 6.00: Notices to Quit Attestation Form
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  The regulation may impact small businesses that own residential properties with tenants.

• Will small businesses have to create, file, or issue additional reports?

  Yes. Small businesses that own residential properties that seek to evict a tenant due to nonpayment of rent are required to submit a copy of the Notice to Quit to the Executive Office of Housing and Economic Development.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer,
  accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. 

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  No. (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Economic Development, Executive Office of
400 CMR 8.00

NOTICE OF PUBLIC COMMENT AND VIRTUAL HEARING FOR PROPOSED NEW REGULATION
400 CMR 8.00 “Cannabis Social Equity Trust Fund”

Notice is hereby given in accordance with Massachusetts General Laws chapter 30A that the Executive Office of Economic Development (“EOED”) will hold a virtual public hearing relative to the adoption of a new regulation, 400 CMR 8.00, entitled “Cannabis Social Equity Trust Fund.” (“Regulation”).

Section 14A of Chapter 94G of the Massachusetts General Laws (“Authorizing Statute”) establishes the Cannabis Social Equity Trust Fund (“Trust Fund”) to encourage the full participation in the Commonwealth's regulated marijuana industry for entrepreneurs from communities that have been disproportionately harmed by marijuana prohibition and enforcement. The Authorizing Stature requires EOED to administer the Trust Fund by making grants or loans to eligible applicants and to promulgate regulations that govern the structure and administration of the Trust Fund.

A virtual public hearing will be conducted on the proposed Regulation.

Location: Virtual Hearing via Zoom https://us06web.zoom.us/meeting/register/tZAocOqrqjIoEtY6tgjL5GVtEWzMvWUk 5pcN#/registration
Date: Friday, January 12th, 2024 at 10:00 am

Verbal testimony will be accepted at the hearing. Written comments will be accepted from December 22, 2023 until 5:00 pm on Friday, January 12, 2024 and may be submitted via email to Robert.McGovern@mass.gov or mailed to:
Robert McGovern
Executive Office of Economic Development
1 Ashburton Place, Room 2101
Boston, MA 02108. 

Copies of the proposed regulations may be obtained from the EOED website available at:  https://mass.gov/regulations/400- CMR-800-cannabis-social-equity-trust-fund. 

By Yvonne Hao Secretary of the Executive Office of Economic Development

CMR No: 400 CMR 8.00: Cannabis Social Equity Trust Fund
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  NA

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer,
  accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. 

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  No. (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  Yes. Entrepreneurs that may not be able to enter the regulatory marijuana industry may be encouraged to form small businesses with financial assistance from the Cannabis Social Equity Trust Fund.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.  

Elder Affairs, Executive Office of
651 CMR 12.00

Notice is hereby given pursuant to M.G.L. c. 30A that the Executive Office of Elder Affairs (EOEA) will hold a remote public hearing on Friday, January 12, 2024 at 2 p.m. and accept public comment through Friday, January 12, 2024 at 5:00 p.m. concerning the following regulatory action:

651 CMR 12.00: Certification Procedures and Standards for Assisted Living Residences.

Pursuant to its authority under G.L. c. 19A, § 6, EOEA seeks to modify existing vaccination requirements in Assisted Living Residences to reflect updated standards since the end of the state and federal public health emergencies.

EOEA is mandated and authorized under M.G.L. c. 19D to establish processes for the certification and renewal of certification for Applicants and Sponsors of Assisted Living Residences (ALRs). 651 CMR 12.00 sets forth the standards for premises which, in part or in total, constitute an ALR in the Commonwealth of Massachusetts and provides penalties for operating such premises without Certification.

The proposed regulation modifications will modify existing vaccination requirements in ALRs to reflect updated standards since the end of the state and federal COVID-19 public health emergencies.

The vaccination requirements apply to all personnel who either work at or come to an ALR and who are employed by or affiliated with the ALR, whether directly, by contract with another entity, or as an independent contractor, paid or unpaid including, but not limited to, employees, members of the medical staff, contract employees or staff, students, and volunteers, whether or not such individual(s) provide direct care.

Each ALR shall ensure that all personnel are vaccinated annually with seasonal influenza and COVID-19 vaccinations. ALRs must provide all personnel with information about the risks and benefits of the vaccines, notify all personnel of the vaccination requirements, and provide guidance to personnel regarding how to receive the vaccinations.

If an individual declines the vaccine, they shall sign a statement on a form to be provided by EOEA certifying that they are exempt from vaccination and they received information about the risks and benefits of vaccination. An ALR shall not require exempt personnel to receive a vaccine.

Public Hearing Information:
Zoom Meeting Information: https://zoom.us/j/94204492629?pwd=Y1FCYkNQWGZFS0I0MWJDdm8xeE1kUT09
Call-in Only Information:
+1 646 558 8656 US (New York)
+1 301 715 8592 US (Washington DC)
Meeting ID: 942 0449 2629 Passcode: 920997 Find your local number: https://zoom.us/u/akBtb70T9

Individuals who provide notice of their intent to testify will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to provide notice of their intent to testify by emailing francis.p.sullivan2@mass.gov with the subject line: “Regulation Hearing Comment--651 CMR 12.00.” Written comments will be accepted through Friday, January 12, 2024 at 5:00 p.m. Please email written comments to francis.p.sullivan2@mass.gov.

Written testimony may also be submitted to the following address:

Attention: Patrick Sullivan
Executive Office of Elder Affairs
One Ashburton Place
Boston, MA 02108

A copy of the above-listed regulations may be obtained by contacting the above address or email address or by visiting: https://www.mass.gov/info-details/the-executive-office-of-elder-affairselder-proposed-amendments-to-regulations.
To request interpretive services, please submit your request at least five (5) business days prior to the public hearing.

Environmental Protection, Department of
310 CMR 7.00

PUBLIC HEARING NOTICE

This Public Hearing Notice is available in alternative languages (Español -- Tiếng Việt -- Chinese -- Kreyòl Ayisyen -- Português -- Khmer) on MassDEP's website at: https://www.mass.gov/service-details/massdep-public-hearings-comment-opportunities

The Massachusetts Department of Environmental Protection (MassDEP), under the authority of M.G.L. c. 21A, sections 2, 8, and 16, M.G.L c. 21N, and M.G.L. c. 111, sections 2C, 142A through 142E, will hold public hearings in accordance with M.G.L. Chapter 30A on proposed amendments to 310 CMR 7.71: Reporting of Greenhouse Gas Emissions. The proposed amendments implement registration and greenhouse gas (GHG) emissions reporting requirements for companies selling and distributing heating fuels to homes and businesses in Massachusetts, including suppliers of natural gas, fuel oil, and propane and implement a reporting requirement for fuel storage facilities.

The proposed amendments and a background document are available on MassDEP’s website at: https://www.mass.gov/service-details/massdep-public-hearings-comment-opportunities

Two public hearings will be conducted online and via telephone. The public hearings will be held:

Tuesday, February 6, 2024 at 10:00 am Register in advance for this hearing:
https://us06web.zoom.us/meeting/register/tZcsd-igrj8jG9UwWrFEgh4sWB6I8f3A8qDn

Tuesday, February 6, 2024 at 6:00 pm Register in advance for this hearing: https://us06web.zoom.us/meeting/register/tZUrfuCurDgsHdBhiM3PiLsEsPC0C5UjDeIB

Please join the public hearing from your computer, tablet, or smartphone. You can also dial in using your phone. Testimony may be presented orally at the public hearing, or written comments may be submitted until 5:00 PM on February 23, 2024. Written comments must be submitted via email to climate.strategies@mass.gov, or by mail to:
Climate Strategies
MassDEP
100 Cambridge Street
Boston, MA 02114.

For special accommodations for these hearings, please call the EEA Diversity Office at 617-626- 1282. TTY# MassRelay Service 1-800-439-2370. This information is available in alternate format upon request. MassDEP provides language access interpreter/translation services to limited English proficient individuals free of charge. If you need an interpreter to participate in this meeting, translation services, please reach out to Joshua Cook at joshua.cook@mass.gov or 781-429-9656.

By Order of the Department of Environmental Protection Bonnie Heiple Commissioner

CMR No: 310 CMR 7.71
Small Business Impact Statement

• Estimate of the number of small businesses subject to the proposed regulation:

  The amendments will impact several hundred heating oil suppliers and storage facilities, many or most of which are likely small businesses.

• Will small businesses have to create, file, or issue additional reports?

  Yes. Small businesses will be required to file additional reports covering their heating fuel sales and shipments.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The reporting can draw from records that are currently maintained by heating fuel suppliers.

• Will small businesses have to provide additional administrative oversight?

  Yes. Small businesses will need to oversee their reporting obligations.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No. It is unlikely that heating oil suppliers and storage facilities will have to hire additional employees because the new requirements are designed to take into account existing requirements and practices.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. There is no requirement to hire other professionals, and it is unlikely businesses will have to hire professionals to comply with the proposed amendments.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. There is no requirement to purchase a product or make any other capital investments.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The proposed amendments do not include standards that require actions beyond reporting.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No other regulations duplicate or conflict with the proposed regulation.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes. Heating oil suppliers would be required to cooperate with audits, inspections or other regulatory enforcement activities.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. 

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. 

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  The proposed amendments do not provide for less stringent reporting requirements for small businesses.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. Although MassDEP does not consolidate or simplify compliance or reporting requirements for small businesses, the requirements are simplified in that they are consistent with existing regulations and practices.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The proposed amendments do not include standards that require action beyond reporting.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. There are no alternative regulatory methods for obtaining the greenhouse gas emissions data reporting under the proposed amendments that would minimize the adverse impact on small businesses.

Health and Human Services, Executive office of
101 CMR 204.00

NOTICE OF PUBLIC HEARING

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a remote public hearing on Tuesday, January 16, 2024, at 10:00 a.m. relative to the emergency adoption of amendments to the following regulation.

101 CMR 204.00: Rates of Payment to Resident Care Facilities 

The regulation will go into effect as an emergency on January 1, 2024. There is no fiscal impact on cities and towns.

The proposed rates, effective January 1, 2024, were calculated according to the following methodology.

• Update the base year from 2020 to 2021.
• Calculate allowed Variable and Fixed Cost Per Diems using 2021 costs.
• Cap variable costs at the 85th percentile, or $154.85. With a 13.18% cost adjustment factor (CAF) applied, the cap is at $175.26. The CAF is based on inflation indices derived by cost center from data provided by IHS Markit. The CAF was calculated with a base period of CY2021 and a one-year rate period beginning October 1, 2023.
• Fixed Cost component is limited to the amounts described in 101 CMR 204.08(2)(a)(1)(d).
• The methodology used to set the proposed rates applies a 90% occupancy standard when calculating per diem costs.
• The Equity and Working Capital components that were part of prior years’ rates have been removed from the rate setting process in this review.
• For each rest home, the preliminary rate is the sum of the components listed above.
• For each rest home, calculate its DTA days percentage by dividing its DTA days by the facility’s total resident days, based on the 2021 cost report. The facility’s DTA Days Percentage Adjustment is equal to its DTA days percentage multiplied by $30.31.
• For each rest home that had residents who were receiving MassHealth-covered GAFC services as of October 15, 2020, the proposed GAFC adjustment is equal to the GAFC adjustment the facility is receiving on December 31, 2023.
• For each rest home, calculate a new rate effective January 1, 2024, equal to the greater of:
• The sum of the preliminary rate, the DTA Days Percentage Adjustment, the GAFC Adjustment, and a resident care add-on of $8.00 or,
• The facility’s certified rate in effect on December 31, 2023, or
• $105
• If the rate calculated above exceeds the current rate effective December 31, 2023 plus $70, the facility will receive a negative adjustment such that the new rate effective January 1, 2024 will be equal to the current rate effective December 31, 2023 plus $70.
• For each rest home, calculate its FY2023 RCC-Q by dividing certain rest home expenses by revenue, excluding any revenue from non-rest home lines of business, based on reports that facilities are required to file. For facilities with RCC-Q scores that fall below the established threshold of 80%, a downward adjustment is applied to their rate. For every 1 percentage point that the facility’s RCC-Q is below the threshold, the downward adjustment is 0.5% of the rate, up to a maximum of a 5% downward adjustment.
• For rates effective January 1 through January 31, 2023, apply an annualization adjustment of 596.77% of the difference between the new rate and the current rate, to cover the 185 days from July 1 through December 31, 2023.

The current daily rates for rest homes range from $95.00 to $212.62, with a median of $125.84. For the period beginning February 1, 2023, the proposed rates range from $103.95 to $242.83, with a median of $150.09. Note that the true minimum rate of $103.95 is less than the minimum rate of $105 described above due to the application of the RCC-Q Adjustment.

Further amendments to the regulation are proposed in addition to amendments related to the per diem rates in rest homes. The regulation includes a provision for certain COVID-19-related costs add-on payments for rate year 2023, incorporated in accordance with Chapter 268 of the Acts of 2022, also known as the 2022 “Economic Development” law. The provision describes the calculation methodology, permissible uses, and description of further guidance, and is to be paid to certain resident care facilities as described in the regulation. The proposed amendments update this language to further clarify the provision and carry forward these payments in rate year 2024, totaling $14,334,990 for resident care facilities with rates payable under the terms of 101 CMR 204.00. Any Economic Development payments attributable to resident care units in nursing facilities are made pursuant to the terms of 101 CMR 206.00.

Additional amendments are proposed to remove descriptions of other COVID-19-related add-on payments for programs that have ended. As a result of these amendments, we anticipate approximately a $9.52 million increase in annual aggregate state expenditures to eligible resident care facilities based on the changes to facility rates, and approximately a $14.335 million increase in annual aggregate state expenditures to eligible resident care facilities as a result of the Economic Development payments. Due to the annualization adjustment applicable to the facility rates, the full $9.52 million in fiscal impact on the facility rates is expected to be realized in FY2024.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to:
  www.mass.gov/service-details/executive-office-of-health-and-humanservices- public-hearings.
To join the hearing by phone: call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted. 

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to:  
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171
Written testimony will be accepted through 5:00 p.m. on Tuesday, January 16, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.

To review the emergency regulation, go to www.mass.gov/service-details/executiveoffice- of-health-and-human-services-public-hearings or request a copy in writing from:
MassHealth Publications
100 Hancock Street, 6th Floor
Quincy, MA 02171.
To view or download related supporting materials, go to www.mass.gov/service-details/proposedregulations- supporting-materials.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

EOHHS may adopt a final, revised version of the emergency regulation taking into account relevant comments and any other practical alternatives that come to its attention.

 In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executiveoffice- of-health-and-human-services-public-hearings.
December 26, 2023

CMR No: 101 CMR 204.00: Rates of Payment to Resident Care Facilities
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  60

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The regulation is required by statute under M.G.L. Chapter 118E, Section 13D, and establishes the rates to be paid by governmental units to providers of certain social service programs.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes. All resident care facilities using the rates under the regulation are subject to audit, if determined necessary by EOHHS, and the regulation amendment explicitly acknowledges such audit power. The regulation does not distinguish between small and other businesses.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.  

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. 

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.  

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.  

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. The regulation establishes new and updated payment methodologies for providers and is unlikely to deter or encourage the formation of small businesses.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. 

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. Payment methodologies for resident care facilities are required by statute to be established through regulation.

Pipefitters, Refrigeration Technicians, and Sprinkler Fitters, Bureau of
528 CMR 2.00, 3.00 & 11.00

NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT

Pursuant to Massachusetts General Laws c. 30A, s. 2; c. 22, s. 10A; and c. 146, s. 82, the Bureau of Pipefitters, Refrigeration Technicians, and Sprinkler Fitters will hold a public hearing regarding amendments to regulations 528 CMR 2.00, 3.00 and 11.00, which establish licensing requirements for pipefitters, refrigeration technicians and sprinkler fitters.

The hearing will be held at 9:30 a.m. on Tuesday, January 23, 2024  in person at the Division of Occupational Licensure, 1000 Washington Street – Room 1D, Boston, Massachusetts 02118 and by videoconference at https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting, Meeting ID: 257 249 666 227, Passcode: 3XXkxM, or call in to(857) 327-9245, Phone Conference ID: 938 800 959#. Interested parties will be given an opportunity to present testimony orally or in writing at the hearing.

Written comments may be emailed to martin.edwards@mass.gov or mailed to the:
Attention: Martin Edwards
Bureau of Pipefitters, Refrigeration Technicians and Sprinkler Fitters
1000 Washington Street, Suite 710
Boston, Massachusetts
02118-6100
A copy of the proposed amendments to the Bureau’s regulations may be obtained at the Bureau’s website at Bureau of Pipefitters, Refrigeration Technicians, and Sprinkler Fitters | Mass.gov or by contacting Mr. Edwards at Phone (617) 701-8752. The Bureau will also accept written comments regarding the regulations until 5:00 p.m. on Tuesday, January 23, 2024.

CMR No: 528 CMR 2.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  The Bureau of Pipefitters, Refrigeration Technicians, and Sprinkler Fitters presently has issued approximately 7,907 pipefitting personal licenses, 5,310 refrigeration personal licenses, and 3,340 sprinkler fitting personal licenses; the great majority of these licensees are believed to be, or work within, small businesses.  

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. This regulation does not mandate purchasing a product or making other investments.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. Prerequisites for licensure must be based on operational standards to ensure a minimum baseline is met to ensure licensees are adequately trained in these sensitive public safety professions.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No. This definitional regulation does not mandate cooperation with regulatory enforcement activities (other related regulations do).

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. This regulation adopts definitions only, it would not impact formation of businesses.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  Yes. This regulation adopts definitions only, it would not impact formation of businesses.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. This definitional regulation does not create compliance or reporting requirements.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. This definitional regulation does not create compliance or reporting requirements.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. Prerequisites for licensure must be based on operational standards to ensure a minimum baseline is met to ensure licensees are adequately trained in these sensitive public safety professions.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. This regulation creates common sense definitions for the profession, it could not fairly reduce those requirements for any one sector of the industry.

CMR No: 528 CMR 3.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  The Bureau of Pipefitters, Refrigeration Technicians, and Sprinkler Fitters presently has issued approximately 7,907 pipefitting personal licenses, 5,310 refrigeration personal licenses, and 3,340 sprinkler fitting personal licenses; the great majority of these licensees are believed to be, or work within, small businesses.  

• Will small businesses have to create, file, or issue additional reports?

  No. This regulation only supplies standards applicable to licensure, it does not create a reporting requirement.

• Will small businesses have to implement additional recordkeeping procedures?

  No. This regulation only supplies standards applicable to licensure, it does not create a reporting requirement.

• Will small businesses have to provide additional administrative oversight?

  No.  This regulation only supplies standards applicable to licensure, it does not create a reporting requirement.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. While this regulation adopts third party standards for licensure purposes which would need to be purchased, businesses engaged in the subject regulatory activities would have already needed to possess these standards to meet other regulations (such as 527 CMR and 780 CMR). Accordingly, this regulation section does not mandate purchasing a new product or making other investments.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. Prerequisites for licensure must be based on operational standards to ensure a minimum baseline is met to ensure licensees are adequately trained in these sensitive public safety professions.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No. This regulation only supplies standards applicable to licensure, it does not mandate cooperation with regulatory enforcement activities (other related regulations do).

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No. This regulation only supplies standards applicable to licensure, it does not mandate continuing education

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. This definitional regulation does not create compliance or reporting requirements.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  Yes. This regulation only supplies standards applicable to licensure, it would not impact formation of businesses.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. This regulation only supplies standards applicable to licensure, it does not create compliance or reporting requirements.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. This regulation only supplies standards applicable to licensure, it does not create compliance or reporting requirements.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. Prerequisites for licensure must be based on operational standards to ensure a minimum baseline is met to ensure licensees are adequately trained in these sensitive public safety professions.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. This regulation adopts third party standards (already adopted by other Massachusetts government bodies) as the baseline for the profession, it could not fairly reduce those requirements for any one sector of the industry.

CMR No: 528 CMR 11.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  The Bureau of Pipefitters, Refrigeration Technicians, and Sprinkler Fitters presently has issued approximately 7,907 pipefitting personal licenses, 5,310 refrigeration personal licenses, and 3,340 sprinkler fitting personal licenses; the great majority of these licensees are believed to be, or work within, small businesses.

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. This regulation mandates prospective licensees obtain education and experience which is necessary to ensure licensees are properly trained in the safe installation of pipefitting, refrigeration, and sprinkler systems.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. Prerequisites for licensure must be based on exact operational standards to ensure fairness and enforceability.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes. This regulation mandates all licensees to cooperate with Bureau investigations.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  Yes. This regulation mandates education and work experience as a prerequisite to licensure

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. As education and work experience prerequisites to licensure are necessary to ensure pipefitters, refrigeration technicians and sprinkler fitters are qualified to perform their work, its mandate will not deter formation of businesses

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  Yes. The requirement of education and experience prerequisites to licensure may create business in the form of schools and other education providers.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. This regulation mandates equal requirements for all prospective and current licensees, it could not fairly reduce those requirements for any one sector of the industry.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. This regulation mandates equal requirements for all prospective and current licensees, it could not fairly reduce those requirements for any one sector of the industry.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. This regulation mandates equal requirements for all prospective and current licensees, it could not fairly reduce those requirements for any one sector of the industry.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. Prerequisites for licensure must be based on exact operational standards to ensure fairness and enforceability.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. This regulation mandates equal requirements for all prospective and current licensees, it could not fairly reduce those requirements for any one sector of the industry.

Public Utilities, Department of
 220 CMR 272.00

NOTICE OF PUBLIC HEARING AND REQUEST FOR COMMENTS

D.P.U. 23-145

Investigation by the Department of Public Utilities, on its own motion, commencing a rulemaking pursuant to G.L. c. 30A, § 2; G.L. c. 159B, § 6B; and 220 CMR 2.00 to amend Rates for the Towing of Motor Vehicles at 220 CMR 272.00. 

On December 11, 2023, the Department of Public Utilities (“Department”) opened a rulemaking proceeding pursuant to G.L. c. 30A, § 2, and 220 CMR 2.00 to amend 220 CMR 272.00: Rates for the Towing of Motor Vehicles. The Department has docketed this matter as D.P.U. 23-145. 

The Department issued an emergency regulation increasing the maximum rates and charges applicable to involuntary tows in Massachusetts pursuant to G.L. c. 159B, § 6B. The Department found that immediate implementation of the emergency regulation, without delay, was necessary for the preservation of public safety to ensure the continued availability of adequate towing services for disabled vehicles and police-ordered tows. The emergency regulation became effective upon filing with the Secretary of the Commonwealth on December 13, 2023. As described in this Notice, the Department will solicit comments on the emergency regulation, conduct a public hearing, and promulgate a final regulation. The Department will conclude this rulemaking process before the end of the effective period of the emergency regulation. 

The emergency regulation increases the maximum rates and charges applicable to involuntary tows in Massachusetts. For passenger automobiles: (1) the maximum charge per tow will increase from $108.00 to $132.00; (2) the service and waiting time in excess of one hour charge will increase from $42.00 to $51.00 per half hour; (3) the additional service vehicle charge will increase from $108.00 to $132.000; (5) the excessive mileage rate will increase from $3.60 per mile to $4.40 per mile; and (5) the additional labor charge will increase from $38.40 per hour to $46.00 per hour. For commercial vehicles: (1) the maximum charge per tow will increase from $108.00 to $132.00; and (2) the excessive mileage rate will increase from $5.40 per mile to $6.60 per mile. The threshold for applying the fuel surcharge set forth in 220 CMR 272.05 will increase from $2.622 to $3.196. The embedded cost of fuel in the basic tow rate used to calculate the fuel surcharge will increase from $7.32 to $8.92. 

The Department will conduct a virtual public hearing to receive comments on the rulemaking. The Department will conduct the hearing using Zoom videoconferencing on

Tuesday, January 23, 2024, beginning at 2:00 p.m. Attendees can join by entering the link, https://us06web.zoom.us/j/82934979082, from a computer, smartphone, or tablet. For audioonly access to the hearings, attendees can dial in at 1 (646) 558-8656 (not toll free) and then enter Meeting ID# 829 3497 9082. If you anticipate providing comments during the public hearing, please send an email by Wednesday, January 17, 2024, to timothy.m.federico@mass.gov with your name, email address, and mailing address.

Any person interested in commenting may also submit written comments to the Department no later than 5:00 p.m. on Wednesday, January 17, 2024. Written reply comments must be filed no later than 5:00 p.m. on Tuesday, January 30, 2024. Written comments and reply comments shall be limited to a maximum of ten one-sided, double-spaced, typewritten pages.

All documents must be submitted to the Department in .pdf format by e-mail attachment to dpu.efiling@mass.gov and timothy.m.federico@mass.gov. The text of the e-mail must specify: (1) the docket number of the proceeding (D.P.U. 23-145); (2) the name of the person or company submitting the filing; and (3) a brief descriptive title of the document. All documents submitted in electronic format will be posted on the Department’s website through our online File Room as soon as practicable (enter “23-145”) at: https://eeaonline.eea.state.ma.us/DPU/Fileroom/dockets/bynumber.

Please note that in the interest of transparency any comments will be posted to our website as received and without redacting personal information, such as addresses, telephone numbers, or email addresses. As such, consider the extent of information you wish to share when submitting comments. The Department strongly encourages public comments to be submitted by email. If, however, a member of the public is unable to send written comments by email, a paper copy may be sent to:
Mark D. Marini, Secretary
Department of Public Utilities
One South Station
Boston, Massachusetts, 02110.

All documents, pleadings, or filings submitted to or issued by the Department will be available on the Department’s website as referenced above as soon as practicable. To the extent a person or entity wishes to submit comments in accordance with this Notice, electronic submission, as detailed above, is sufficient. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), contact the Department’s ADA coordinator at Gabriella.Knight@mass.gov.
For further information regarding this notice, please contact Timothy Federico, Hearing Officer, Department of Public Utilities, at timothy.m.federico@mass.gov.

By Order of the Department:  Mark D. Marini, Secretary 

CMR No: 220 CMR 272.00: Rates for the Towing of Motor Vehicles
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2 and  )

• Estimate of the Number of Small Businesses Impacted by the Regulation

  557

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
  

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. G.L. c. 159B, § 6B directs the DPU to “establish the maximum charges that may be made by persons subject to the provisions of this chapter for the towing away of motor vehicles, when such towing is ordered by the police or other public authority.” This regulation ensures that the statutory requirements are met and that charges for involuntary motor vehicle towing in the Commonwealth are consistent and transparent. Performance standards are not more appropriate to accomplish the regulatory objective.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. All businesses must comply with the compliance or reporting requirements of the regulation.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. All businesses must adhere to the same schedules or deadlines for compliance or reporting requirements.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. All businesses must adhere to the same standards, and as noted above, performance standards are not more appropriate than design or operational standards in accomplishing the regulatory objective.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

School Building Authority, Massachusetts
963 CMR 2.00

NOTICE OF PUBLIC HEARINGS AND PUBLIC COMMENT PERIOD

Notice is hereby given that, in accordance with M.G.L. c. 30A, §2, the Massachusetts School Building Authority will hold a series of public hearings and a public comment period to obtain comments in connection with the proposed revisions to the MSBA’s Regulations, 963 CMR 2.00, et seq.

Statutory Authority:
The revisions to the MSBA’s regulations (963 CMR, 2.00 et seq.) will be promulgated pursuant to the rule-making authority conferred to the Authority by M.G.L. c. 70B and St. 2004, c. 208, and in accordance with M.G.L. 30A.

Summary of the Proposed Revisions:

The MSBA’s regulations, 963 CMR 2.00 et seq., set forth the MSBA’s authority and responsibility to achieve the effective planning, management and financial sustainability of a grant program to provide financial assistance for the construction and renovation of municipallyowned school facilities. The regulations set forth the requirements which shall be met, the standards which shall be applied, and the procedures which shall be followed in the application for and the awarding of school building grants by the MSBA. 

The MSBA is now proposing revisions to these regulations to accurately reflect how the MSBA’s grant process has evolved, to provide clarity and make the regulations more user friendly, and to make the regulations easier to follow by arranging the sections in chronological order and matching the MSBA modules. The following is a summary of the key revisions to the regulations:

Public Comment Period: Written Public Comments will be accepted through January 31, 2024 at 5:00 pm. Written comments may be submitted via email to Anne.Hudson@MassSchoolBuildings.org, or by mail to:

• The revised regulations will proceed from MSBA Module 1 through Module 9 as projects do, making it easier for districts and external stakeholders to understand the process.
• The MSBA added stand-alone sections to the revised regulations such as: Accelerated Repair Program; Construction (Module 7); Post Occupancy Evaluation (Module 9); and Model School Program.
• The MSBA made changes to the regulations to allow for the regulations to stay current year after year by eliminating references to outside standards and codes that periodically change.
• The MSBA clarified terminology used in the regulations and made technical changes to better capture our process and provide increased clarity for stakeholders.
• The MSBA updated the timing in the Statement of Interest section of the regulations to match the timing that the MSBA follows for the Statement of Interest submission period.
• The MSBA updated the incentive points portion of the regulations, removing Construction Manager at Risk and Model School incentive references from this section because the MSBA no longer provides these incentive points.
• The MSBA updated the Green School Program incentive to allow for three incentive points and also included an additional point for Indoor Air Quality.
• The MSBA added greater details about the grant program, where appropriate, such as the addition of the educational profile questionnaire that is required during Eligibility Period.

Public Hearings:

In November and December, the MSBA held a series of public hearings throughout the Commonwealth. Please see the list below of the remaining hearings and note that these are the final hearings.

Wednesday, January 17, 2024 – Remote Hearing via Zoom 4:00 pm – 6:00 pm
Friday, January 19, 2024 – Remote Hearing via Zoom 8:00 am – 10:00 am

 Those who would like to attend a remote hearing should contact Anne.Hudson@MassSchoolBuildings.org for the information and instructions to access the meeting. If you prefer or have questions related to accessing the meeting, please call 617-960-3075. Information to register for and to access the meetings will be available throughout the duration of the meetings.

Public Comment Period: Written Public Comments will be accepted through January 31, 2024 at 5:00 pm. Written comments may be submitted via email to Anne.Hudson@MassSchoolBuildings.org, or by mail to:

Anne Hudson – Legal Assistant
Massachusetts School Building Authority
40 Broad Street, Suite 500
Boston, MA 02109
Written comments must be received by 5:00 p.m. on January 31, 2024. 

Copy of the proposed regulations:
A copy of the proposed Regulations referenced above may be viewed by visiting www.massschoolbuildings.org/regulations. Those who wish to receive a written copy of the proposed Regulations, may contact Anne at Anne.Hudson@MassSchoolBuildings.org, or by mail at the address above.

Interpretation/Accommodations:
To request written language translation or oral interpretation at the public hearings, please contact Anne.Hudson@MassSchoolBuildings.org. For oral language interpretation, the request must be received at least five (5) business days prior to the public hearing date at which the interpretation is requested. To request other reasonable accommodations, please contact Anne.Hudson@MassSchoolBuildings.org. 

963 CMR 2.00 et seq.
Small Business Impact Statement

In accordance with M.G.L. c. 30A, §2.

The MSBA does not expect that the proposed revisions to the MSBA’s regulations will have a new or different impact on small businesses in the Commonwealth. The proposed changes are intended to be helpful to stakeholders, including small businesses.

• Estimate of the number of small businesses subject to the proposed regulation:

  To the extent that the MSBA’s existing regulations affect small businesses, the MSBA does not anticipate that the proposed revisions will impact any additional or fewer small businesses.

• Projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulation;

  To the extent that the MSBA’s existing regulations impact reporting, recordkeeping and other administrative costs for small businesses required for compliance with the current regulations, the MSBA does not anticipate that the proposed revisions will have any different impact on small businesses in this regard. Any record keeping procedures outlined in the regulations do not alter the applicable requirements of M.G.L., c. 66.

• State the appropriateness of performance standards versus design standards:

  To the extent that the MSBA’s existing regulations impact the appropriateness of performance standards versus design standards for small businesses, the MSBA does not anticipate that the proposed revisions will have any different impact on small businesses in this regard.

• An identification of regulations of the promulgating agency, or any other state agency, which may duplicate or conflict with the proposed regulation;

  The MSBA does not expect the revisions to the MSBA’s regulations to duplicate or conflict with other regulations.

• An analysis of whether the proposed regulation is likely to deter or encourage the formation of new businesses in the state.

  The MSBA has been an economic driver of the state economy since our inception in 2004. The nature of the proposed revisions to the regulations should not deter or necessarily encourage the formation of new businesses in the state.

Supplier Diversity Office
425 CMR 2.00

Notice of Public Hearing and Comment Period 

The Massachusetts Supplier Diversity Office (SDO) hereby gives notice that, pursuant to M.G.L. C. 30A § 2, it will hold a virtual public hearing and comment period on the proposed amendment to 425 CMR 2.00 et. seq., enacted pursuant to M.G.L. c. 7 § 61(a). The SDO is proposing two amendments to its certification regulations. The first amendment will update the definition of "Eligible person" to include US citizens, permanent residents, and persons residing under the color of law. The second amendment will update the appeals process to allow the Division of Administrative Law Appeals to conduct SDO's appeals. The SDO is also considering technical changes to improve the readability of the regulations.

The Public Hearing will be held online on January 25, 2024, from 10:00 AM to 12:00 PM Eastern Time, using Zoom. See below for how to access the hearing:

Link to register in advance: https://us02web.zoom.us/meeting/register/tZwpfuysgz8pGNTD09OYQ1XsbLQW4XgSlrSj

Zoom Details:
Meeting ID: 884 9545 4320
Passcode: 364955

A copy of the proposed amendments may be viewed on SDO's website at www.mass.gov/sdo, or they may be requested from the Office of the General Counsel by emailing sdoregulations@mass.gov.

While it is not necessary to pre-register to provide oral testimony, anyone who emails their intention to provide oral testimony at the hearing in advance will receive preference in the order of testimony provided. Such optional notice must include the person's name, telephone number, and email address. Please send via email to sdoregulations@mass.gov by January 22, 2024 by 5:00 p.m.

Speakers who testify at the hearing are asked to submit a copy of their oral comment. All submissions must include the sender's full name and address.

In addition, for anyone who does not wish to provide oral testimony at the Public Hearing, written comments can also be submitted. Please submit any written comments via email to sdoregulations@mass.gov by no later than 5:00 p.m. on January 31, 2024.

Note that all written testimony and comments received as part of this process may be released in response to a public records request.

If you require a reasonable accommodation, please email sdoregulations@mass.gov at least 10 days before the hearing.

CMR No: 425 CMR 2.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  Yes.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Veterans' Services, Executive Office of
108 CMR 15.00

Notice of Public Hearing

Please be advised that, in accordance with M.G.L. c. 30A, §2, Notice is hereby given that the Commonwealth of Massachusetts Executive Office of Veterans' Services (“EOVS”) will hold a public hearing for the purpose of hearing any comments in connection with the proposed Regulations at 108 CMR 15.00: Criminal Offender Record Checks. The proposed Regulations establish a core standardized policy and procedure for EOVS, its agencies, and vendor programs regarding the review of criminal records of candidates for employment, applicants to the state operated veterans’ homes, and volunteers. and are authorized 108 CMR 65.00: M.G.L. c. 115, § 2 and c. 115A, § 13.

EOVS will hold this public hearing remotely on Friday, January 12, 2024 at 10:00 AM via WebEx. To participate in the remote public hearing, please join from the meeting link https://eohhs.webex.com/eohhs/j.php?MTID=m550fe4cbed3974948783469d7931e0c5 or join by phone by dialing +1-617-315-0704 United States Toll (Boston) or +1-650-479-3208 United States Toll when prompted.

A copy of the proposed Regulations referenced above may be viewed by visiting Executive Office of Veterans Services Notice of Public Hearing | Mass.gov. Any person who would like to offer comments may participate in the public hearing at the date and time indicated above or submit written comments. Those who wish to receive a written copy of the proposed Regulations, or to submit written comments, may do so by sending an email to jenna.buonopane5@mass.gov, or by mail to:

Jenna Buonopane - Paralegal
Commonwealth of Massachusetts
Executive Office of Veterans’ Services
600 Washington Street, 2nd Floor
Boston, MA 02111

Written comments must be received by 5:00 P.M. on January 15, 2024.  

Attached please find the accompanying Small Business Impact Statement in accordance with M.G.L. c. 30A, §2.

CMR No: 108 CMR 15.00: Criminal Offender Record Checks
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The law requires regulatory requirements.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No. The regulations do require regulated facilities, including any small businesses, to cooperate with reporting requirements and data requests.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. The regulation does not establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses. All regulated facilities must follow the same reporting requirements

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. There is no compliance or reporting requirements for small businesses under this regulation. The Department did not consolidate or simplify compliance or reporting requirements for small businesses.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. Performance standards cannot replace design or operational standards without hindering delivery of the regulation’s objective.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. There are no alternative regulatory methods to implement veteran eligibility requirements. This regulation has no adverse impact on small businesses