Notices of Public Hearing (Published 08/30/2024)

Energy Resources, Department of
225 CMR 22.00 & 23.00 

NOTICE OF PUBLIC COMMENT AND HEARING

Notice is hereby given that the Massachusetts Department of Energy Resources (DOER), acting under M.G.L. c. 25A, § 6 and St. 2021, c. 8, and in conformance with Chapter 30A of the General Laws, is holding a public hearing and accepting public comments on amendments to 225 CMR 22.00 and 23.00. 225 CMR 22.00 and 23.00 contain the Massachusetts opt-in provisions to the building energy code. DOER first promulgated an updated Stretch Energy Code (Stretch Code) and a new Municipal Opt-in Specialized Code (Specialized Code) as 225 CMR 22.00 and 225 CMR 23.00 in December 2022. After a year and a half of working with these new regulations, DOER has received a significant volume of detailed and helpful feedback from regulated entities, building officials and the design and construction industry. Based on this collective input, DOER is proposing modest revisions to the Stretch and Specialized Codes. A virtual public hearing will be conducted to receive verbal comments on the regulation.

A public hearing will be conducted to receive verbal and written comments on the regulation.

Location: Virtual Hearing via Zoom 10 AM – 12 PM
https://zoom.us/webinar/register/WN_dp6evcDIQZWx3tPOZ7xStQ#/registration
Date: September 16, 2024

Verbal testimony will be accepted at the hearing; however, parties may also provide written copies of their testimony. Written comments will be accepted beginning August 12, 2024 and ending at 5 pm on September 17, 2024. DOER requests that written comments be submitted as attached pdf files to stretchcode@mass.gov, with the words STRETCH CODE FEEDBACK in the subject line. Alternatively, comments can be submitted via mail to:
Ian Finlayson at the Department of Energy Resources, 100 Cambridge Street, 9th Floor, Boston, MA 02114. Copies of the proposed regulations may be obtained from the DOER website at https://www.mass.gov/info-details/stretch-energy-code-development or by contacting stretchcode@mass.gov. 

By order of:
Elizabeth Mahony, Commissioner
Department of Energy Resources

CMR No: 225 CMR 22.00 & 23.00
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. Entities with commercial building compliance obligations pursuant to this statute and regulation are not typically “small businesses”. To the extent entities that comply with the building code meet the small business standard, they are most prevalent in work on existing residential buildings, either residential additions and alterations. This sub-sector will benefit from an increase in the allowed energy use under the performance standard for large additions and alterations. As a result, for general contractors and trades working on additions and alterations to existing homes, the compliance obligations will be the same or less onerous than existing obligations. For small businesses that otherwise participate in the construction and energy efficiency trades, participation is voluntary.

• 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 existing code already requires 3rd party energy specialists for new buildings such as residential HERS ratings or Passivehouse rating. This approach continues unchanged with the updated code.

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

  No. To the extent an entity meets the small business standard, the additional compliance requirements are incremental to existing obligations.

• 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 Stretch energy Code and Specialized Code make more extensive use of performance standards than the regulations currently in effect for base energy code communities, these modest revisions do add additional flexibility for regulated entities to comply with the energy code.
  

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

  No. There is an explicit process with the Building Code Coordinating Council (BCCC) to ensure that there is no duplication or conflict with other building codes.

• 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. Participation in the program by small businesses is voluntary. In addition, DOER works with the Statewide Mass Save program to provide free or subsidized training on building energy codes for interested stakeholders in the design and construction community.

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

  No. Participation in the program by small businesses is voluntary.

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

  Yes. The regulation is likely to continue to encourage the formation of small businesses to develop eligible building energy projects – Massachusetts has seen a growth in the design and energy performance rating jobs since the original stretch energy code in 2009. The amendments to the regulations will also likely make it marginally easier to build on campuses with district energy systems and to make residential home additions and alterations, which may encourage new small businesses in Massachusetts.

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

  No, The regulation maintains stringency of existing compliance or reporting requirements in most cases, but does allow less stringent compliance in residential additions and alterations that are greater than 1,000 square feet in area, as well as for some commercial buildings.

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

  No. In almost all cases, the regulation makes no changes to deadlines for compliance or reporting requirements. However, for projects using the certified Passivehouse approach – common in multifamily, the regulation is modified to allow more time for reporting the full test results associated with this 3rd party certification pathway.

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

  No. The regulation makes no changes to deadlines for compliance or reporting requirements.

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

  No. This update to the regulations makes no changes to the use of performance standards. Where applicable these regulations require or encourage use of performance standards in lieu of more prescriptive building codes – for example in low-rise residential new construction the Stretch energy code increases use of performance standards relative to both the national model building energy code and the base energy code in 780 CMR. For small commercial new construction both prescriptive and performance pathways are offered to provide small businesses with greater choice.

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

  No. Compliance with the building codes is mandatory for new construction and major renovations, however these alternative options (Stretch code and Specialized code) provide a streamlined and performance-based pathway to compliance.

Gaming Commission, Massachusetts
205 CMR 219.00

NOTICE OF PUBLIC HEARING

Notice is hereby provided that in accordance with G.L. c. 30A § 2, the Massachusetts Gaming Commission (“Commission”) will convene a public hearing for purposes of gathering comments, ideas, and information relative to the proposed adoption of a regulation. The regulation was promulgated pursuant to G.L. c. 23N, § 4, as part of the Commission’s regulatory process, and concern the following regulations:

205 CMR 219.00: Temporary Licensing Procedures – specifically, 205 CMR 219.04: Applying for Leave to Obtain a Renewed Temporary License

This regulation governs the issuance and renewal of temporary sports wagering licenses. The revised version of 205 CMR 219.04 provides more clarity surrounding the temporary license renewal process and aligns the language of the regulation with the Commission’s intent to provide the IEB with three years to complete a durable suitability investigation of sports wagering operators.

Scheduled hearing date and time:

Tuesday, September 17, 2024, at 9:30AM EST

Given the unprecedented circumstances, Governor Charles Baker issued an order to provide limited relief from certain provisions of the Open Meeting Law to protect the health and safety of the public and individuals interested in attending public meetings during the global Coronavirus pandemic. In keeping with the guidance provided, the Commission will conduct this hearing utilizing remote collaboration technology.

CONFERENCE CALL NUMBER: 1-646-741-5292
PARTICIPANT CODE: 111 572 3522

A complete copy of the draft regulations referenced above may be downloaded by visiting www.massgaming.com, clicking on ‘Regulations and Compliance’ and selecting the ‘Proposed Rulemaking’ Section. Anyone wishing to offer comments on these regulations can email Judith.Young@massgaming.gov and request the virtual hearing link to appear and speak. Alternatively, written comments may also be submitted to the same email address with ‘Regulation Comment’ in the subject line.

Comments must be received by 5:00PM EST on September 16, 2024.

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

CMR No: 205 CMR 219.00
Small Business Impact Statement

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

The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2, relative to the proposed amendments to 205 CMR 219: Temporary Licensing Procedures.
This regulation was promulgated as part of the process of promulgating regulations governing sports wagering in the Commonwealth, and is authorized by G.L. c. 23N, §4. This regulation is unlikely to have an impact on small businesses as it governs the issuance of licenses to Sports Wagering Operators who are not small businesses. Under G.L. c.30A, §2, the Commission offers the following responses to the statutory questions: 

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

  This regulation is unlikely to have an impact on small businesses

• State the projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation:

  There are no projected reporting, recordkeeping, or other administrative costs required for small businesses to comply with this regulation.s
  

• State the appropriateness of performance standards versus design standards:

  No standards applicable to small businesses are set forth. Provided standards are performance standards.
  

• Identify regulations of the promulgating agency, or of another agency or department of the Commonwealth, which may duplicate or conflict with the proposed regulation:

  There are no conflicting regulations in 205 CMR, and the Commission is unaware of any conflicting or duplicating regulations of any other agency or department of the Commonwealth.
  

• State whether the proposed regulation is likely to deter or encourage the formation of new businesses in the Commonwealth:

  This amendment is unlikely to have any impact on the formation of new businesses in the Commonwealth.
  

Health and Human Services, Executive Office of
101 CMR 315.00: Rates for Vision Care Services and Ophthalmic Materials

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 Friday, September 13, 2024, at 1:00 p.m. relative to the adoption of amendments to the following regulation.

101 CMR 315.00: Rates for Vision Care Services and Ophthalmic Materials

The proposed regulation contains rates effective for dates of service on or after February 1, 2025.

The proposed amendments increase the current rates by a prospective cost adjustment factor (CAF) of 2.66%, excluding any rates established as Individual Consideration (IC). This CAF was calculated using a base period of quarter four of calendar year 2024, and a two-year prospective rate period of quarter one of calendar year 2025 through quarter four of calendar year 2026. The CAF was calculated using the Massachusetts-specific Consumer Price Index (CPI) Fall 2023 forecast developed by IHS Markit Economics. Rates for certain dispensing services (codes 92340, 92340 RB, 92341, 92341 RB, 92342, and 92342 RB) are proposed to be further increased by an administrative adjustment of 6.5%.

EOHHS is proposing these changes, subject to federal approval, to ensure that payments are consistent with efficiency, economy, and quality of care and satisfy the requirements of M.G.L. 118E, sections 13C and 13D. It is estimated that annual aggregate MassHealth expenditures will increase by $694,000 as a result of the proposed amendments. There is no fiscal impact on cities and towns. The proposed amendments are not anticipated to impose new costs on small businesses, and any impact on small business providers will vary based on the volume of services provided.

To register to testify at the hearings and to get instructions on how to join the hearings online, go to www.mass.gov/info-details/executive-office-of-health-and-human-servicespublic-hearings. To join the hearings 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 September 13, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.

To review the current draft of the proposed regulation, go to www.mass.gov/infodetails/ masshealth-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/executiveoffice- of-health-and-human-services-public-hearings.

August 16, 2024

CMR No: 101 CMR 315.00: Rates for Vision Care Services and Ophthalmic Materials
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:

  There are approximately 796 optometrists, 100 opticians, and 4 ocularists who are actively billing MassHealth (meaning they’ve billed a claim within the past 365 days).

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

  No. The proposed amendments will not require small businesses to create, file, or issue additional reports.
  

• Will small businesses have to implement additional recordkeeping procedures?

  No. The proposed amendments will not require small businesses to implement additional recordkeeping procedures.
  

• Will small businesses have to provide additional administrative oversight?

  No. The proposed amendments will not require small businesses to provide additional administrative oversight.
  

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

  No. The proposed amendments will not require small businesses to hire additional employees in order to comply with the proposed regulation.
  

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

  No. The proposed amendments will not require small businesses to hire other professionals to comply with the regulation.
  

• 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 will not require small businesses to purchase a product or make any other capital investments in order 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. M.G.L. c. 118E § 13D requires EOHHS to establish and periodically review rates to be paid by governmental units for noninstitutional health care services, including vision care services.

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

  No. 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?

  No. The proposed amendments will not require small businesses 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. The proposed amendments will not require small businesses to provide educational services to keep up to date with regulatory requirements.
  

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

  No. The proposed amendments are unlikely to deter or encourage the formation of small businesses in Massachusetts as this regulation governs payments for vision care services provided to publicly aided individuals and is applied uniformly among providers.
  

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

  No. The proposed amendments to the regulation are unlikely to deter or encourage the formation of small businesses in Massachusetts as this regulation governs payments for vision care services provided to publicly aided individuals and is applied uniformly among providers.
  

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

  No. The proposed amendments do not distinguish between small and other businesses.
  

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

  No. The proposed amendments do not distinguish between small and other businesses.
  

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

  No. The proposed amendments do not distinguish between small and other businesses.
  

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

  No. Distinguishing small businesses from other businesses would not be practicable to implement the proposed regulation.
  

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

  No. The regulation is required by statute and does not have an adverse impact on small businesses.
  

Executive Office of Health and Human Services
101 CMR 316.00: Rates for Surgery and Anesthesia Services
101 CMR 317.00: Rates for Medicine Services
101 CMR 318.00: Rates for Radiology Services

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 Friday, September 6, 2024, at 10 a.m. relative to the adoption of amendments to the following regulations.

101 CMR 316.00: Rates for Surgery and Anesthesia Services
101 CMR 317.00: Rates for Medicine Services
101 CMR 318.00: Rates for Radiology Services

101 CMR 316.00, 317.00, and 318.00 (collectively referred to as “physician pricing regulations”) govern the rates of payment used by governmental units for surgery and anesthesia care; office visits and other general medicine; and radiology services rendered to publicly aided individuals by eligible providers, including physicians and eligible midlevel practitioners. The proposed amendments contain rates effective for dates of service on or after January 1, 2025.

The proposed amendments update the language under 101 CMR 316.03(4), 101 CMR 317.03(5), and 101 CMR 318.03(4), removing certified nurse midwives from the list of eligible providers whose allowable fees are currently set at 85% of the fees contained in 101 CMR 316.04, 101 CMR 317.04, and 101 CMR 318.04. The proposed amendments set the certified nurse midwives’ allowable fees to 100% of the allowable listed fees in the physician pricing regulations. In addition, the proposed amendments add code 88342 (Immunohistochemistry or Immunocytochemistry code) to 101 CMR 316.00 at a rate of $81.79, and add certain COVID-19 vaccine, vaccine administration, and treatment codes that are currently established in 101 CMR 446.00: Public Health Emergency Payment Rates for Certain Community Health Care Providers to 101 CMR 317.00.

EOHHS is proposing these changes, subject to federal approval, to ensure that payments are consistent with efficiency, economy, and quality of care and satisfy the requirements of M.G.L. 118E, sections 13C and 13D. It is estimated that annual aggregate MassHealth expenditures will increase by $564,000 as a result of the proposed amendments to the physician pricing regulations. There is no fiscal impact on cities and towns. The proposed amendments are not anticipated to impose new costs on small businesses, and any impact on small business providers will vary based on the volume of services provided.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/info-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 September 6, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.

To review the current draft of the proposed regulation, go to www.mass.gov/infodetails/ masshealth-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/executiveoffice- of-health-and-human-services-public-hearings.

August 16, 2024  

CMR No: 101 CMR 316.00: Rates for Surgery and Anesthesia Services
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:

  There are currently approximately 20,000 providers of physician services, including medicine, surgery and anesthesia, and radiology services.

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

  No. The regulation updates rates for providers and does not require small businesses to create, file, or issue additional reports.
  

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation does not require additional recordkeeping procedures.
  

• Will small businesses have to provide additional administrative oversight?

  No. The regulation does not require additional administrative oversight.
  

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

  No. Compliance does not require hiring additional employees.
  

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

  No.  Compliance does not require hiring other professionals.
  

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

  The regulation does not require purchases or 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.  Performance standards are not more appropriate than design or operational standards      

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

  No. 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?

  No. The regulation does not require cooperation with additional 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. The regulation does not require small businesses to provide educational services to keep up to date with regulatory requirements
  

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

  The regulation updates rates for providers and is unlikely to deter or encourage the formation of small businesses.
  

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

  The regulation updates rates for providers and is unlikely to deter or encourage the formation of small businesses.
  

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

  No. The regulation does not distinguish between small and other businesses. 
  

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

  No. The regulation does not distinguish between small and other businesses.
  

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

  No. The regulation does not distinguish between small and other businesses.
  

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

  No. Distinguishing small businesses from other businesses would not be practicable for this regulation.
  

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

  No. The regulation is required by statutes and its goals could not be achieved through alternative methods.
  

CMR No: 101 CMR 317.00: Rates for Medicine Services
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:

  There are currently approximately 20,000 providers of physician services, including medicine, surgery and anesthesia, and radiology services.

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

  No. The regulation updates rates for providers and does not require small businesses to create, file, or issue additional reports.
  

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation does not require additional recordkeeping procedures.
  

• Will small businesses have to provide additional administrative oversight?

  No. The regulation does not require additional administrative oversight.
  

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

  No. Compliance does not require hiring additional employees.
  

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

  No.  Compliance does not require hiring other professionals.
  

• 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 regulation does not require purchases or 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.  Performance standards are not more appropriate than design or operational standards      

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

  No. 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?

  No. The regulation does not require cooperation with additional 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. The regulation does not require small businesses to provide educational services to keep up to date with regulatory requirements
  

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

  The regulation updates rates for providers and is unlikely to deter or encourage the formation of small businesses.
  

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

  The regulation updates rates for providers and is unlikely to deter or encourage the formation of small businesses.
  

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

  No. The regulation does not distinguish between small and other businesses. 
  

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

  No. The regulation does not distinguish between small and other businesses.
  

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

  No. The regulation does not distinguish between small and other businesses.
  

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

  No. Distinguishing small businesses from other businesses would not be practicable for this regulation.
  

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

  No. The regulation is required by statutes and its goals could not be achieved through alternative methods.
  

CMR No: 101 CMR 318.00: Rates for Radiology Services
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:

  There are currently approximately 20,000 providers of physician services, including medicine, surgery and anesthesia, and radiology services.

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

  No. The regulation updates rates for providers and does not require small businesses to create, file, or issue additional reports.
  

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation does not require additional recordkeeping procedures.
  

• Will small businesses have to provide additional administrative oversight?

  No. The regulation does not require additional administrative oversight.
  

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

  No. Compliance does not require hiring additional employees.
  

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

  No.  Compliance does not require hiring other professionals.
  

• 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 regulation does not require purchases or 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.  Performance standards are not more appropriate than design or operational standards      

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

  No. 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?

  No. The regulation does not require cooperation with additional 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. The regulation does not require small businesses to provide educational services to keep up to date with regulatory requirements
  

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

  The regulation updates rates for providers and is unlikely to deter or encourage the formation of small businesses.
  

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

  The regulation updates rates for providers and is unlikely to deter or encourage the formation of small businesses.
  

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

  No. The regulation does not distinguish between small and other businesses. 
  

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

  No. The regulation does not distinguish between small and other businesses.
  

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

  No. The regulation does not distinguish between small and other businesses.
  

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

  No. Distinguishing small businesses from other businesses would not be practicable for this regulation.
  

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

  No. The regulation is required by statutes and its goals could not be achieved through alternative methods.
  

Transportation, Department of
700 CMR 3.00

NOTICE OF PUBLIC COMMENT PERIOD AND HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Massachusetts Department of Transportation, (“MassDOT”) will hold a supplemental hybrid public hearing on Friday September 6, 2024 at 10:00 a.m., and accept written public comment until 5:00 p.m. on September 6, 2024, the same day, concerning the following regulatory action:

Amend 700 CMR 3.00 - Control and Restriction of Billboards, Signs and Other Advertising Devices

Pursuant to MassDOT’s authority under MGL cc. 6C and 93D, St. 2009 c. 25, and Mass. Const. Amend. art. 50, the proposed amendment clarifies ambiguities about where billboards are permitted as it relates to roadway interchanges and ramps on MassDOT roadways.

Specifically, MassDOT is proposing to amend 700 CMR 3.01: Definitions by adding definitions for the following terms:

1. Federal Aid Primary Highway System 
2.  Freeway Primary Highway System 
3.  Interstate System 
4.  Main Travelled Way 
5.  Travelled Way

MassDOT is also proposing to amend 700 CMR 3.07: Requirements for New Permits by adding the following:

(18) No sign, including electronic, trivision or static signs, may be located adjacent to or within 500 feet of an interchange or intersection at grade, information center, or rest area on an Interstate Highway or Freeway Primary Highway, measured along the Interstate Highway or Freeway Primary Highway from the nearest point of the beginning or ending of widening of the main traveled way at the exit from or entrance to the main traveled way. This subsection 700 C.M.R. 3.07(18) does not apply in cities and towns with a population greater than 50,000.

Comments received during prior public comment hearing/periods are still valid and will be considered

 MassDOT will hold this hearing:

Remotely at: https://us02web.zoom.us/j/88334900260
In person at:
10 Park Plaza
MassDOT Board Room, 2nd Floor
Boston, Massachusetts 02116

Individuals who notify MassDOT of their intent to testify during the hearing will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to notify MassDOT of their intention to testify at the hearing by emailing the address below with the subject line “Regulation Hearing Comment - Control and Restriction of Billboards, Signs and Other Advertising Devices.” Written comments must be submitted by email or postal mail to the following address: 

Email: https://us02web.zoom.us/j/88334900260
Postal Mail:
Eileen Fenton
Managing Counsel
MassDOT
10 Park Plaza, Suite 3510
Boston, Massachusetts 02116

A copy of the above-listed regulations may be obtained by request to the above address or email address.  

MassDOT may adopt a revised version of the proposed action taking into account relevant comments received and any other practical alternatives that come to its attention 

 For accommodation or language assistance requests, please contact MassDOT’s Chief Diversity & Civil Rights Officer by phone at (857) 368-8580, TTD/TTY at (857) 266 0603, fax (857) 368 0602 or by email to MassDOT.CivilRights@dot.state.ma.us. Requests should be made as soon as possible, ideally at least five business days before the close of the public hearing.

CMR 700 CMR 3.00: CONTROL AND RESTRICTION OF BILLBOARDS, SIGNS AND OTHER ADVERTISING DEVICES
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:

  We are unable to determine the exact number of small businesses impacted by the regulation. MassDOT does not have the size of each of the license holders, but they range from large companies to individuals. There are approximately 131 license holders that are licensed to engage in the business of outdoor advertising in the Commonwealth, and there are approximately 3744 active permits held by one or several of the license holders.

Background

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Article 50 of the Amendments to the Massachusetts Constitution authorizes the regulation and restriction of outdoor advertising on public ways, and is enforceable by MassDOT through its statutory authority under G.L. c. 6C and 93D.
Separately, Massachusetts and Federal Highway Administration have a contractual agreement that, among other things, restricts where billboards may be constructed in proximity to ramps and interchanges on certain MassDOT roadways. This is referred to colloquially as the “ramp rule”. The agreement provides:


Interstate Highways and Freeway Primary Highways:
b.) No sign may be located adjacent to or within 500 feet of an interchange or intersection at grade, information center, or rest area measured along the interstate highway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way. This subsection (b) does not apply in cities and towns of over 50,000 population.  

MassDOT is proposing this regulatory amendment, in an exercise of MassDOT’s independent constitutional and statutory authority to regulate outdoor advertising on public ways, to establish conclusively MassDOT’s position that the restrictions articulated in the agreement’s “ramp rule” apply equally to Freeway Primary Highways and to Interstate Highways. 

The proposed change to the regulations adds definitions for certain terms that exist in the current regulation but are at present undefined, and adds the following language: 


(18) No sign, including electronic, trivision or static signs, may be located adjacent to or within 500 feet of an interchange or intersection at grade, information center, or rest area on an Interstate Highway or Freeway Primary Highway, measured along the Interstate Highway or Freeway Primary Highway from the nearest point of the beginning or ending of widening of the main traveled way at the exit from or entrance to the main traveled way. This subsection 700 C.M.R. 3.07(18) does not apply in cities and towns with a population greater than 50,000. 

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