Notices of Public Hearing (Published 01/19/2024)
Boiler Rules, Board of
522 CMR 1.00, 2.00, 4.00, 7.00 & 18.00
Notice of Public Hearing - Board of Boiler Rules
Pursuant to M.G.L. c.30A, s. 2 and c. 146, sections 2 and 3, notice is given of a public hearing to be held by the Commonwealth of Massachusetts Board of Boiler Rules (the Board) at the Department of Fire Services (DFS), State Road, Stow, MA., in the Boards and Commissions Room on Thursday, February 1, 2024 at 10:00 a.m. for the purpose of hearing public comment on several proposed amendments to 522 CMR 1.00, 2.00, 4.00, 7.00, & 18.00. This set of amendments is to increase clarity and usability of 522 CMR while serving to update referenced standards within the regulations to current industry standards.
A copy of the proposed amendments can be found at the DFS web page: https://www.mass.gov/doc/522-cmr-red-line-draft-2023-proposed-changes-7112023-with-redlineedits/download
Written or oral comments may be submitted at the time and place of the hearing. Written comments can be mailed or e-mailed to Holly Bartlett, Executive Administrator, Board of Boiler Rules, (Holly.Bartlett@mass.gov) P.O. Box 1025, State Rd, Stow, MA. 01775 (Tel. 978-567-3782). To be considered by the Board, mailed or emailed comments must be received no later than 4:00 p.m., January 31, 2024.
CMR No: 522 CMR 1.00, 2.00, 4.00, 7.00 & 18.00 Board of Boiler Rules
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:
This set of amendments is to increase clarity and usability of 522 CMR while serving to update referenced standards within the regulations to current industry standards. The final draft is the product of multiple meetings over the course of the year by the Board and it subcommittees, which were open to the public. It should be noted that the Board is comprised of representatives of owners, users and inspectors of the boiler industry. All of the aforementioned members voted in favor of the proposals. Pursuant to Section V of Executive Order 145, Board of Boiler Rules staff has reasonably concluded that the proposal should not: (a) result in a significant expansion of existing municipal services; (b) require the employ of additional personnel; (c) significantly alter administrative and work procedures; (d) require the realignment of organizational structures; (e) increase disbursements which are not reimbursed by federal or state government; or (f) limit the discretion by local officials
-
Will small businesses have to create, file, or issue additional reports?
No.
-
Will small businesses have to implement additional recordkeeping procedures?
Yes, relative to reporting of certain repairs. Currently, industry practice is to keep such records voluntarily.
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.)
Due to the nature of the proposed amendments, they do not require an analysis of whether or not design standards vs. operational standards are appropriate.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. The amendment does provide more or additional compliance for small business by way of the reporting requirements for repairs.
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?
Yes. The amendment does provide more or additional compliance for small business by way of the reporting requirements for repairs.
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?
Yes. This proposal, in large part, represents a national, minimum, consensus standard. The impact on small business is minimal, as explained throughout this submission.
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Health and Human Services, Executive Office of
101 CMR 349.00, 414.00 and 422.00
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 remote public hearings on Tuesday, January 30, 2024, at the respective times listed below, relative to the adoption of amendments to the following three regulations.
Pursuant to M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), EOHHS establishes by regulation and biennially reviews the rates paid by governmental units to providers of social service programs and health services. All amendments to the regulations below are proposed in accordance with this statute. There is no fiscal impact on cities and towns.
For the proposed amendments to the regulations listed below, a cost adjustment factor (CAF) of 2.71% was applied for all increased rates, and was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Spring 2023 Forecast, optimistic scenario data. The CAF reflects the period between the rates’ base period (calendar year 2023 Q4) and the prospective period of calendar years 2024 and 2025. In addition to the CAF, salaries have been benchmarked to the Massachusetts Bureau of Labor Statistics (BLS) median wages as dated May 2022 at the 53rd percentile. The tax and fringe rate has been benchmarked to 27.38% and the administrative allocation has been benchmarked to 12%. We have also updated the language for the Severability sections of each regulation for consistency across EOHHS rate regulations.
- 10:00 a.m.: 101 CMR 414.00: Rates for Family Stabilization Services.
The rates for all services except Family Resource Centers and Flexible Supports are being increased. The total estimated FY24 annualized cost to state government from the increase in rates established by this proposed amendment is $46.4M, which represents an increase of 12.7% over FY23 spending of approximately $182.8 million. These costs will not be realized until January 1, 2024, at which point the FY24 fiscal impact to state government will be approximately $23.2M for the increase to existing rates. The proposed amendments to the regulation contain rates effective for dates of service on or after January 1, 2024. - 11:00 a.m.: 101 CMR 422.00: Rates for General Programs — Disability Services.
The rates for all services are being increased. The total annualized cost to state government from the increase in rates proposed by this regulation is approximately $1.1M, which represents an increase of approximately 16.37% over FY23 rate spending of approximately $7.1 million. These costs will not be realized until January 1, 2024, at which point the FY24 fiscal impact to state government will be $575,097 for the increase to existing rates. The proposed amended regulation contains rates for dates of service on or after January 1, 2024. - 12:00 p.m.: 101 CMR 349.00: Rates for Early Intervention Program Services.
The rates for all services are being increased. The total estimated FY25 annualized fiscal impact of the proposed amendment is $18.1M (based upon FY23 spending of $55M). These amendments represent an increase of approximately 32.90% over FY23 spending. The proposed regulations contain rates effective for dates of service on or after July 1, 2024.
To register to testify at any of the hearings and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-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 30, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.
To review the current drafts of the proposed regulations, go to www.mass.gov/service-details/executive-office-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 supporting materials, go to www.mass.gov/service-details/proposed-regulations-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 revised version of the proposed regulations 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/executive-office-of-health-and-human-services-public-hearings.
January 5, 2024
CMR No: 101 CMR 349.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
-
Estimate of the number of small businesses subject to the proposed regulation:
64
-
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 specific rates to be paid by governmental units for 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, the regulation requires that providers periodically provide cost data to enable EOHHS to develop rates that are reasonable and adequate to meet the costs incurred by providers in providing services with rates governed by this regulation. The requirement to report cost data is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
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. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when purchased by governmental units.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when purchased by governmental units.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to CHIA to enable EOHHS to develop rates for the social service programs governed by this regulation. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation contains requirements to periodically provide cost data to CHIA to enable EOHHS to develop future rates for the social service programs governed by this regulation. The time frame for cost reporting is applied uniformly to all providers to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. This regulation does not consolidate or simplify compliance or reporting requirements for small businesses. The proposed amendments only update the rates to be paid by governmental units for certain social service programs, and as required by statute.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. This regulation satisfies EOHHS statutory obligation under M.G.L. Chapter 118E, Section 13D to establish, by regulation, the rates to be paid by governmental units to providers of certain social service program services.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. The regulation does not have an adverse impact on small businesses. The regulation establishes uniform rates to be paid by governmental units to providers of certain social service programs, and as required by statute.
CMR No: 101 CMR 414.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
-
Estimate of the number of small businesses subject to the proposed regulation:
246
-
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. The regulation requires providers to periodically file cost data to enable EOHHS to develop rates for certain social service programs. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
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. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. The time frame for cost reporting is applied uniformly to all providers to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The agency did not consolidate or simplify compliance or reporting requirements for small businesses. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. The establishment of rates for certain social service providers by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. The regulation does not have an adverse impact on small businesses. The regulation establishes rates by which certain social service providers are to be paid when services are purchased by governmental units. The establishment of rates for these social services by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
CMR No: 101 CMR 422.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
-
Estimate of the number of small businesses subject to the proposed regulation:
62
-
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 specific rates to be paid by governmental units for 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. The regulation requires providers to periodically file cost data. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
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. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when purchased by governmental units.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when purchased by governmental units.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. The time frame for cost reporting is applied uniformly to all providers to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The agency did not consolidate or simplify compliance or reporting requirements for small businesses. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. The establishment of rates for certain social service providers by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. The regulation does not have an adverse impact on small businesses. The regulation establishes rates by which certain social service providers are to be paid when services are purchased by governmental units. The establishment of rates for these social services by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
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Housing and Livable Communities, Executive Office of
760 CMR 6.00
PUBLIC NOTICE
EXECUTIVE OFFICE OF HOUSING & LIVABLE COMMUNITIES (EOHLC)
Under the provisions of M.G.L. c. 30A, § 3, notice is hereby given of the proposed promulgation of amendments to regulation 760 CMR 6.00, Occupancy Standards and Tenant Participation for Stated-aided Housing. The amendments are being proposed to make the implementation of the regulations easier for local housing authorities, more equitable to tenants, and encourage apprenticeships and education. EOHLC’s regulatory authority for this action is provided under M.G.L. c. 23B, M.G.L. c. 121B. §§ 29 and 32, and St. 1989, c. 151. In accordance with M.G.L. c. 30A, § 5, the proposed amendments to the regulations have a minimal or non-existent Small Business Impact.
Written comments on the proposed amendments to the regulation may be submitted at any time prior to 5:00 pm on January 26, 2024, by directing the same electronically to EOHLCRegulationComments@mass.gov and including “Comments on 760 CMR 6.00” in the subject line. A copy of the proposed regulations will be posted on EOHLC’s website at https://www.mass.gov/info-details/eohlc-regulations-current-regulations-and-proposed-amendments.
CMR No: 310 CMR 7.71
Small Business Impact Statement
Estimate of the number of small businesses subject to the proposed 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?
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?
Yes. Electronic filing requirements allow more leeway in meeting time deadlines. Virtual conference and hearing requirements allow for flexibility for attendance.
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.
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