Notices of Public Hearing (Published 03/01/2024)

Attorney General, Office of the
940 CMR 36.00

Notice of Public Hearing and Comment Period

Notice is hereby given pursuant to M.G.L. c. 30A, §2-3, that the Office of the Attorney General (AGO) will hold a public hearing and comment period on the proposed rescission of the following regulation, filed on October 1st, 2021:

940 C.M.R. 36.00 (promulgated pursuant to St. 2016, c. 333)

This regulation is intended to address animal cruelty by phasing out extreme methods of farm animal confinement. St. 2021, c. 108 amended St. 2016, c. 333 and transferred regulatory authority from the AGO to the Massachusetts Department of Agricultural Resources (MDAR). As such, the regulations promulgated by the AGO are obsolete and thus the AGO seeks to withdraw the existing regulations.

The hearing will be held virtually on March 12th, 2024 at 12p.m. To attend the hearing, please visit: http://tinyurl.com/yknfy8ps.

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 the address below with the subject line: “Regulation Rescission Hearing Comment – 940 CMR 36.00.” Written comments will be accepted starting February 20th, 2024 until 5:00 p.m. on March 12th , 2024. All comments received may be released in response to a public records request.

Email: Robert.Fernandez@mass.gov
Postal Mail: Massachusetts Office of the Attorney General Attn: Policy & Government Affairs Division One Ashburton Place, 20th Floor Boston, MA 02108

A copy of the proposed rescission of 940 CMR 36.00 may be obtained by contacting the above address or email address or by visiting: https://www.mass.gov/info-details/attorney-generalspolicy-government-affairs-division.

To request interpretive services, please submit your request at least three (3) business days prior to the public hearing. 

940 CMR 36.00 Rescission
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:

  None.

• 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.

• 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.

• 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.

Environmental Protection, Department of
310 CMR 9.00

Waterways Regulations:
Revised Notice of Extension of Comment Period

A Public Hearing Notice was published in the Massachusetts Register by the Massachusetts Secretary of State on December 22, 2023. Through this revised Notice, MassDEP is providing an extension of the comment period until 5 p.m. on April 30, 2024

This Revised Notice of Public Hearings with Extension of Written Comment Period 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-commentopportunities

Notice is hereby given that the Massachusetts Department of Environmental Protection (MassDEP), under its authority pursuant to M.G.L. c. 91, § 18, is proposing regulatory amendments to 310 CMR 9.00 The Massachusetts Waterways Regulation. These amendments would require license and permit applications filed pursuant to M.G.L. c. 91 and 310 CMR 9.00 to consider the effects of climate change in certain respects. The proposed revisions are consistent with proposed revisions to the Massachusetts Wetland Regulations at 310 CMR 10.00.

The proposed regulatory text and a notice to reviewers are available with a copy of this Public Hearing Notice on MassDEP’s website at: https://www.mass.gov/service-details/massdep-public-hearings - comment-opportunities

Public Comments and Hearings
MassDEP conducted two public information sessions and two public hearings in January 2024. The presentation materials and recordings are available on MassDEP’s website and YouTube channel at https://www.mass.gov/regulations/310-CMR-900-the-Massachusetts-waterways-regulation#proposed-amendments-public-comment-opportunities

Extension of Comment Period and Additional Office Hours Sessions:
The comment period has been extended until 5:00 p.m. on April 30, 2024.

MassDEP will conduct three additional Office Hours Sessions:
These sessions are an opportunity for question and answer on the proposed regulations; stakeholders are encouraged to submit questions in advance. For additional information about the Office Hours Sessions, please visit: https://www.mass.gov/regulations/310-CMR-900-the-Massachusetts-waterways-regulation#proposed-amendments-public-comment

• Monday February 26, 2024 at 1:00 p.m. (remote only) Please use this link to register in advance: https://us06web.zoom.us/meeting/register/tZIuduiprjIiEt1XdE4I7BoTioyGljDeNuyu
• Thursday March 14, 2024 at 1:30 p.m. (remote only) Please use this link to register in advance: https://us06web.zoom.us/meeting/register/tZYkcuutqTIpHN17Mi2lDNlkh5m0e18NGZiR
• Wednesday April 3, 2024 at 1:30 p.m. (remote only) Please use this link to register in advance: https://us06web.zoom.us/meeting/register/tZwtf-urrTgsH9R7AbCjaHaVDDate53XGEg6

Written comments will be accepted through 5:00pm on April 30, 2024. The Department encourages electronic submission by email to dep.wetlands@mass.gov and must include Wetlands-401 Resilience Comments in the subject line. In lieu of electronic submittal, paper comments may be mailed to Lisa Rhodes, Attn: Wetlands-401 Resilience Comments, MassDEP – BWR, 100 Cambridge Street, Suite 900, Boston, MA 02114. 

For special accommodations for these hearings, please call the MassDEP Diversity Office at 617-292-5751. 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 can be found at the following link: https://www.mass.gov/info-details/massdep-language-translation-assistance. 

By Order of the Department of Environmental Protection Bonnie Heiple, Commissioner  

Environmental Protection, Department of
310 CMR 10.00

Wetlands Protection Regulations:
Revised Notice of Extension of Comment Period

A Public Hearing Notice was published in the Massachusetts Register by the Massachusetts Secretary of State on December 22, 2023. Through this revised Notice, MassDEP is providing an extension of the comment period until 5 p.m. on April 30, 2024

This Revised Notice of Public Hearings with Extension of Written Comment Period 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-commentopportunities

Notice is hereby given that the Department of Environmental Protection (MassDEP), under its authority pursuant to M.G.L. c. 131, § 40, is proposing amendments to its regulations at 310 CMR 10.00, Wetlands Protection. MassDEP is proposing these amendments to accomplish key climate resilience and environmental goals including updates related to precipitation estimates and stormwater management, and new provisions for Land Subject to Coastal Storm Flowage (LSCSF).

The proposed regulatory text and a notice to reviewers are available with a copy of this Public Hearing Notice on MassDEP’s website at: https://www.mass.gov/service-details/massdep-public-hearings - comment-opportunities

Public Comments and Hearings
MassDEP conducted three public information sessions and three public hearings in January-February 2024. The presentation materials and recordings are available on MassDEP’s website and YouTube channel at https://www.mass.gov/regulations/310-CMR-1000-wetlands-protection-actregulations#proposed-amendments-public-comment

Extension of Comment Period and Additional Office Hours Sessions:
The comment period has been extended until 5:00 p.m. on April 30, 2024.

MassDEP will conduct three additional Office Hours Sessions:
These sessions are an opportunity for question and answer on the proposed regulations; stakeholders are encouraged to submit questions in advance. For additional information about the Office Hours Sessions, please visit: https://www.mass.gov/regulations/310-CMR-1000-wetlands-protection-act-regulations#proposed-amendments-public-comment

• Monday February 26, 2024 at 1:00 p.m. (remote only) Please use this link to register in advance: https://us06web.zoom.us/meeting/register/tZIuduiprjIiEt1XdE4I7BoTioyGljDeNuyu
• Thursday March 14, 2024 at 1:30 p.m. (remote only) Please use this link to register in advance: https://us06web.zoom.us/meeting/register/tZYkcuutqTIpHN17Mi2lDNlkh5m0e18NGZiR
• Wednesday April 3, 2024 at 1:30 p.m. (remote only) Please use this link to register in advance: https://us06web.zoom.us/meeting/register/tZwtf-urrTgsH9R7AbCjaHaVDDate53XGEg6

Written comments will be accepted through 5:00pm on April 30, 2024. The Department encourages electronic submission by email to dep.wetlands@mass.gov and must include Wetlands-401 Resilience Comments in the subject line. In lieu of electronic submittal, paper comments may be mailed to Lisa Rhodes, Attn: Wetlands-401 Resilience Comments, MassDEP – BWR, 100 Cambridge Street, Suite 900, Boston, MA 02114. 

For special accommodations for these hearings, please call the MassDEP Diversity Office at 617-292-5751. 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 can be found at the following link: https://www.mass.gov/info-details/massdep-language-translation-assistance. 

By Order of the Department of Environmental Protection Bonnie Heiple, Commissioner  

Health and Human Services, Executive Office of
101 CMR 361.00

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 March 8, 2024, at 9:30 a.m., relative to the adoption of amendments to the following regulation.

101 CMR 361.00: Rates for Continuous Skilled Nursing Agency and Independent Nursing Services

The proposed amendments to 101 CMR 361.00 update payment rates used by state governmental units for continuous skilled nursing (CSN) agency services delivered by eligible CSN agency and independent nurse providers to publicly aided individuals in accordance with M.G.L. c. 118E, § 13D, which requires EOHHS to establish rates for health care services to be paid by governmental units. Specifically, the proposed amendments increase the CSN rates through a multistep analysis process. This process includes rebasing CSN rates to the average of the Massachusetts 2022 Bureau of Labor Statistics 50th and 75th percentile wages, including an additional 15% increase for licensed practical nurse (LPN) wages to account for the role of LPNs in the CSN workforce. It also includes increasing base rates by 13% to align with hospital nursing salary increases that were adopted in a bargaining unit agreement and will be effective July 1, 2024. Finally, the analysis applies a fringe benefit markup and administrative markups and applies a prospective cost adjustment factor to all rates. The proposed amendments also establish a high-tech rate add-on for CSN services.

The proposed amended regulation contains rates effective for dates of service on or after August 16, 2024. The estimated aggregate annual fiscal impact of the proposed amendments is $38.8 million. There is no fiscal impact on cities and towns.

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-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 March 8, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care.

To review the current draft of the proposed regulation, 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. 

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 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/executive-office-of-health-and-human-services-public-hearings.
February 16, 2024

CMR No: 101 CMR 361.00
Small Business Impact Statement

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

  48 MassHealth enrolled CSN agencies, 16 home health agencies providing CSN services, and 585 Independent Nurse providers enrolled with MassHealth

• 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 MGL Chapter 118E, Section 13D, and establishes the specific rates to be paid by governmental units for day habilitation (DH) services.

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

  No 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. This regulation requires that providers periodically file cost data, which is required in order for the Executive Office of Health and Human Services (EOHHS) to develop and establish rates for these 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 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 it establishes uniform governmental rates of payment for CSN agency and independent nursing services for MassHealth members.

• 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 it establishes uniform governmental rates of payment for CSN agency and independent nursing services for MassHealth members.

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

  No. The regulation establishes uniform program requirements and conditions of payment, including cost reporting, for the provision of CSN agency and independent nursing services to MassHealth members. These requirements are applied uniformly in order to maintain consistency in the care provided by CSN providers to MassHealth members.

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

  No. The regulation establishes uniform program requirements and conditions of payment for the provision of CSN agency and independent nursing services to MassHealth members. These requirements are applied uniformly in order to maintain consistency in the care provided by CSN agencies and independent nurse providers to MassHealth members.

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

  No. The regulation establishes uniform program requirements and conditions of payment for the provision of CSN agency and independent nursing services to MassHealth members. These requirements are applied uniformly in order to maintain consistency in the care provided by CSN agencies and independent nurse providers to MassHealth members.

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

  No. 101 CMR 361.00 establishes uniform program requirements and conditions of payment for the provision of CSN agency and independent nursing services to MassHealth members. These requirements are applied uniformly in order to maintain consistency in the care provided by CSN providers to MassHealth members.

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

  No. The regulation establishes uniform program requirements and conditions of payment for the provision of CSN agency and independent nursing services to MassHealth members. These requirements are applied uniformly in order to maintain consistency in the care provided by CSN providers to MassHealth members.

Public Health, Department of
105 CMR 721.000

Notice of Public Hearing:

Notice is hereby given pursuant to M.G.L. c. 30A, §2, that the Department of Public Health will hold a public hearing on amendments to the following regulations: 105 CMR 721.000 — Standards For Prescription Format And Security In Massachusetts.

The proposed amendments update the regulations which set forth standards governing prescription format and security in the Commonwealth. The proposed amendments implement sections of Acts of 2020, c. 267 authorizing independent practice for nurse practitioners with more than two years of approved supervised prescriptive practice, which also affect the format of prescriptions. The proposed amendments also update sections of the regulation which were designed to implement ePrescribing, which are outdated and no longer required, and add sections to bring the regulation into alignment with the other regulations of the Drug Control Program.

The public hearing will be held at 2:00 pm on March 11, 2024. The hearing will be conducted on a moderated conference call. The information for the moderated conference call is:

Dial-in Telephone Number: 1-800-369-3126
Participant Passcode: 1742503

 A copy of the proposed amendments to 105 CMR 721.000 — Standards For Prescription Format And Security In Massachusetts may be viewed on the Department's website at www.mass.gov/dph/proposed-regulations or requested from the Office of the General Counsel by calling 617-624-5220

Speakers who testify at the public hearing are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit testimony electronically to the following address: Reg.Testimony@mass.gov, or by mail to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108. All submissions must include the sender's full name and address. When electronically submitting comments, type "DCP Regulations" in the subject line and attach a Word document with your comments or type your comments in the body of your email. All submissions must include the sender's full name and address.

The Department will post all testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on March 11, 2024. All comments received by the Department may be released in response to a request for public records.

If you are deaf or hard of hearing, or are a person with a disability who requires accommodation, please contact Shauntay King at least 5 days before the hearing at Tel # 617-894-4352, or email shauntay.m.king@mass.gov.

Public Health, Department of
105 CMR 722.000

Notice of Public Hearing:

Notice is hereby given pursuant to M.G.L. c. 30A, §2, that the Department of Public Health will hold a public hearing on amendments to the following regulations: 105 CMR 722.000 - Dispensing Procedures for Clinic and Hospital Pharmacies.

The proposed amendments update the regulations which set forth standards governing prescription format and security in the Commonwealth. The proposed amendments update the regulation to bring it into alignment with other regulations of the Department.

The public hearing will be held at 2:00 pm on March 11, 2024. The hearing will be conducted on a moderated conference call. The information for the moderated conference call is:

Dial-in Telephone Number: 1-800-369-3126
Participant Passcode: 6598688

 A copy of the proposed amendments to 105 CMR 722.000 — Dispensing Procedures for Clinic and Hospital Pharmacies may be viewed on the Department's website at www.mass.gov/dph/proposed-regulations or requested from the Office of the General Counsel by calling 617-624-5220

Speakers who testify at the public hearing are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit testimony electronically to the following address: Reg.Testimony@mass.gov, or by mail to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108. All submissions must include the sender's full name and address. When electronically submitting comments, type "DCP Regulations" in the subject line and attach a Word document with your comments or type your comments in the body of your email. All submissions must include the sender's full name and address.

The Department will post all testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on March 11, 2024. All comments received by the Department may be released in response to a request for public records.

If you are deaf or hard of hearing, or are a person with a disability who requires accommodation, please contact Shauntay King at least 5 days before the hearing at Tel # 617-894-4352, or email shauntay.m.king@mass.gov.

CMR No: 105 CMR 721.000
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:

  259. A search of the SBA website showed zero (0) pharmacies registered as small businesses in Massachusetts. According to Board of Registration in Pharmacy records, there are currently 1160 retail pharmacies in Massachusetts, of which 259 are independent (non-chain) and most likely to qualify as small businesses. These regulations also apply to individual, licensed practitioners who prescribe medication (~56,000). The number that would qualify as small businesses is not clear.

• 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. Compliance with the regulation will not require small businesses to purchase a federally compliant electronic prescription system or software to comply with the regulation

• 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. This regulation, which is required by statute, sets forth clear requirements for prescriptive practice to ensure consistency and protect the health and safety of residents. Its goals could not be implemented with performance standards.

• 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 does not require small businesses to cooperate with inspections and 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.  The proposed regulations are not likely to deter the formation of fishing businesses in Massachusetts. However, existing businesses who target horseshoe crabs or handle horseshoe crabs for bait purposes may be adversely affected by the proposed horseshoe crab spawning closure.

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

  Yes. DMF is liberalizing its permit transfer rules to encourage new entrants into the commercial fishing industry and to allow fishers to obtain more robust permit portfolios so that they are better diversified.

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

  No. The regulation eases the filling of some prescriptions by making it clear that it is not the obligation of the pharmacist to verify that a nurse who fails to list a supervising practitioner is or is not authorized for independent practice, but does not contemplate small businesses specifically. In addition, the regulation provides alternative means of complying with prescription format and security requirements for regulated parties that qualify for a listed waiver or exception, which may include 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, the regulation does not contemplate small businesses and therefore does not consolidate or simplify compliance or reporting requirements for such businesses.

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

  No. Performance standards cannot replace these regulations, which do not specifically contemplate small businesses.

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

  No. The current regulation provides alternative means of complying with prescription format and security requirements for regulated parties that qualify for a listed waiver or exception, which may include small businesses.

CMR No: 105 CMR 722.000
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:

  259. A search of the SBA website showed zero (0) pharmacies registered as small businesses in Massachusetts. According to Board of Registration in Pharmacy records, there are currently 1160 retail pharmacies in Massachusetts, of which 259 are independent (non-chain) and most likely to qualify as small businesses.
  These regulations also apply to individual, licensed practitioners who prescribe medication (~56,000). The number that would qualify as small businesses is not clear.

• 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. Compliance with the regulation will not require small businesses to purchase a federally compliant electronic prescription system or software to comply with the regulation

• 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. This regulation, which is required by statute, sets forth clear requirements for prescriptive practice to ensure consistency and protect the health and safety of residents. Its goals could not be implemented with performance standards.

• 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 small businesses to cooperate with inspections and other regulatory enforcement activities in order for DPH to ensure appropriate dispensing procedures for clinic and hospital pharmacies are being adhered to. However, the proposed amendments to this regulation do not increase this burden.

• 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. DMF is liberalizing its permit transfer rules to encourage new entrants into the commercial fishing industry and to allow fishers to obtain more robust permit portfolios so that they are better diversified.

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

  No. For family planning clinics and substance use disorder treatment clinics that may be considered small business, the regulation provides for less stringent compliance or reporting requirements by not requiring them to maintain a pharmacy on-site. However, the proposed regulation does not contemplate small businesses, specifically.

• 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 compliance standards and reporting requirements are the same for all regulated parties, and do not change relative to volume of service delivered or number of staff employed.

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

  No. The regulation provides alternative means of complying with dispensing procedures for regulated parties that qualify for a listed waiver or exception, which may include small businesses.

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

  No. The current regulation provides alternative means of complying with dispensing procedures for regulated parties that qualify for a listed waiver or exception, which may include small businesses

Veterans' Services, Executive Office of
108 CMR 16.00

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 16.00: Qualified Veterans Hire Tax Credit. The proposed Regulations provide procedures for establishing eligibility for and thereafter claiming the Qualified Veterans Hire Tax Credit pursuant to M.G.L. c. 62 §6(u) and c. 63 §38GG. The regulation will provide rules associated with a tax credit for small businesses that hire qualified veterans.

EOVS will hold this public hearing remotely on Friday, March 8, 2024 at 10:00 AM via Microsoft Teams. To participate in the remote public hearing, please join from the meeting link:

Microsoft Teams Meeting

Note: This public hearing will be recorded. Please change your username when joining the meeting to reflect how you want to be addressed. This name will be reflected in the transcript.

A copy of the proposed Regulations referenced above may be viewed by visiting: https://www.mass.gov/event/notice-of-public-hearing-108-cmr-1600-vet-hire-tax-credit- regulation-2024-02- 28t100000-0500-2024-02-28t120000-0500

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 no later than 5:00 p.m. on Friday, March 22, 2024. Attached please find the accompanying Small Business Impact Statement in accordance with M.G.L. c. 30A, §2. 

CMR No: 108 CMR 16.00: Qualified Veterans Hire Tax Credit
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:

  Based on an estimate from the Boston Chamber of Commerce, there are approximately 700,000 small businesses in Massachusetts. https://bostonchamber.com/networks/small-business/#:~:text=In%20fact%2C%20Massachusetts%20is%20home,that %20employee%201.5%20million%20people. These businesses may be eligible for a tax credit if they hire a qualified veteran

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

  Yes. Additional reports would be required for businesses claiming the tax credit.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. Additional recordkeeping requirements are specified for businesses claiming the tax credit

• 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. The regulation may encourage the formation of small businesses based on the tax incentive to hire veterans.

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

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

• 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 are no compliance or reporting requirements for small businesses under this regulation. The EOVS 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.

Water Pollution Control, Division of
314 CMR 9.00

401 Water Quality Certification Regulations:
Revised Notice of Extension of Comment Period

A Public Hearing Notice was published in the Massachusetts Register by the Massachusetts Secretary of State on December 22, 2023. Through this revised Notice, MassDEP is providing an extension of the comment period until 5 p.m. on April 30, 2024 

This Revised Notice of Public Hearings with Extension of Written Comment Period 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

Notice is hereby given that the Department of Environmental Protection (MassDEP), under its authority pursuant to M.G.L. c. 21, §§ 26 – 53, Division of Water Pollution Control, is proposing amendments to its regulations at 314 CMR 9.00: 401 Water Quality Certification for Discharges of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth. MassDEP is proposing these amendments to accomplish key climate resilience and environmental goals including updates related to precipitation estimates and stormwater management, and new provisions for Land Subject to Coastal Storm Flowage (LSCSF).

The proposed regulatory text and a notice to reviewers are available with a copy of this Public Hearing Notice on MassDEP’s website at: https://www.mass.gov/service-details/massdep-public-hearings - comment-opportunities

Public Comments and Hearings
MassDEP conducted three public information sessions and three public hearings in January-February 2024. The presentation materials and recordings are available on MassDEP’s website and YouTube channel at https://www.mass.gov/regulations/310-CMR-1000-wetlands-protection-actregulations#proposed-amendments-public-comment

Extension of Comment Period and Additional Office Hours Sessions:
The comment period has been extended until 5:00 p.m. on April 30, 2024.

MassDEP will conduct three additional Office Hours Sessions:
These sessions are an opportunity for question and answer on the proposed regulations; stakeholders are encouraged to submit questions in advance. For additional information about the Office Hours Sessions, please visit: https://www.mass.gov/regulations/310-CMR-1000-wetlands-protection-act-regulations#proposed-amendments-public-comment

• Monday February 26, 2024 at 1:00 p.m. (remote only) Please use this link to register in advance: https://us06web.zoom.us/meeting/register/tZIuduiprjIiEt1XdE4I7BoTioyGljDeNuyu
• Thursday March 14, 2024 at 1:30 p.m. (remote only) Please use this link to register in advance: https://us06web.zoom.us/meeting/register/tZYkcuutqTIpHN17Mi2lDNlkh5m0e18NGZiR
• Wednesday April 3, 2024 at 1:30 p.m. (remote only) Please use this link to register in advance: https://us06web.zoom.us/meeting/register/tZwtf-urrTgsH9R7AbCjaHaVDDate53XGEg6

Written comments will be accepted through 5:00pm on April 30, 2024. The Department encourages electronic submission by email to dep.wetlands@mass.gov and must include Wetlands-401 Resilience Comments in the subject line. In lieu of electronic submittal, paper comments may be mailed to Lisa Rhodes, Attn: Wetlands-401 Resilience Comments, MassDEP – BWR, 100 Cambridge Street, Suite 900, Boston, MA 02114. 

For special accommodations for these hearings, please call the MassDEP Diversity Office at 617-292-5751. 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 can be found at the following link: https://www.mass.gov/info-details/massdep-language-translation-assistance. 

By Order of the Department of Environmental Protection
Bonnie Heiple, Commissioner  

A copy of the proposed amendments may be viewed on the Department’s website or obtained from the Office of the General Counsel at 617-624-5220.

If you are deaf or hard of hearing, or are a person with a disability who requires accommodation, please contact Sofie Daley at least 5 days before the hearing at sofie.daley@mass.gov.

CMR No: 314 CMR 9.00
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

  500 (estimated number of businesses proposing work in resource areas annually).

• 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. The hiring of additional professionals to ensure compliance is not expected.

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

  No, the proposed amendments do not require the purchase of products or specific 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.)

  Yes, the performance standards are more appropriate.

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

  No. The stormwater standards of the wetlands and 401 water quality certification regulations are proposed to align with the EPA MS4 General Permit to the extent possible.

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

  No. The proposed regulations do not add any new requirements in this regard. MassDEP has always had the ability to perform inspections to ensure compliance with permit conditions and may conduct enforcement as needed.

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

  No. The proposed regulations do not require provision of educational services.

• 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 proposed regulations do not establish less stringent schedules or deadlines for small businesses.

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

  No, the proposed regulations do not consolidate or simplify requirements for small businesses.

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

  Yes. The regulations are written as performance standards. For projects proposed in wetland resource areas, the use of performance standards has proven to work best for applicants, including small businesses. Conservation commissions and MassDEP have found the use of performance standards to be efficient and effective for program implementation. 

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

  No. MassDEP’s proposal does not include alternative methods to minimize impacts to small businesses. However, all affected businesses could benefit from the potential cost-savings achieved through the implementation of environmentally sensitive site design. Also, businesses will benefit from reduced costs due to reduction in costs associated with water pollution, flooding, and storm damage