Notices of Public Hearing (Published 9/1/2023)

Appellate Tax Board
831 CMR 1.00 - Amendment of Rules of Practice and Procedure

The Appellate Tax Board (“ATB”), under the authority of G.L. c. 58A, § 8, is proposing revisions to its Rules of Practice and Procedure (831 CMR 1.00). The revisions are offered for two primary reasons: (1) to make litigation of tax appeals at the ATB more transparent and understandable for both taxpayers and boards of assessors who are not represented by counsel and for attorneys representing parties in ATB proceedings; and (2) to encourage parties to confer at various stages of the litigation process to narrow contested issues and reach settlements of disputes.

A public hearing will be held on the proposed amendments on:
Tuesday, September 12, 2023 at 11:00 am in Hearing Room F of the ATB’s offices located on the second floor of 100 Cambridge Street, Boston, Massachusetts 02114.

The hearing is also accessible for remote attendance. The zoom link is available at:
mass.gov/orgs/appellate-tax-board.

Written comments may be sent to Mark J. DeFrancisco at the above address or email at:
mark.defrancisco@state.ma.us on or before 5:00 pm on September 11, 2023.

Copies of the proposed amendments are available at mass.gov/orgs/appellate-tax-board and at the ATB’s offices.

831 CMR 1.00
Small Business Impact Statement

The Appellate Tax Board (“ATB”) is hereby submitting this Small Business Impact Statement in conjunction with proposed amendments to its Regulations at 831 CMR 1.00, the Appellate Tax Boards Rules of Practice and Procedure.

The revisions are offered for two primary reasons: (1) to make litigation of tax appeals at the ATB more transparent and understandable for both taxpayers and boards of assessors who are not represented by counsel and for attorneys representing parties in ATB proceedings; and (2) to encourage parties to confer at various stages of the litigation process to narrow contested issues and reach settlements of disputes.

• An estimate of the number of small businesses subject to the proposed regulation amendments.

  Any business that wishes to appeal a state tax audit or a local tax assessed on its property is potentially affected by the amendments.

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

  These proposed amendments will not impact reporting, recordkeeping, or other administrative costs. No new record keeping procedures will be required. Small businesses will not have to create, file, or issue additional reports. The ATB filing forms will remain the same and are available on the ATB website. Small businesses will not have to implement additional recordkeeping procedures. Small businesses will not have to provide additional administrative oversight. Compliance will not require businesses to hire additional employees or other professionals to comply with the proposed regulation amendments. The amendments do not require small businesses to purchase a product or make any other capital investment to comply with the regulations.

• The appropriateness of performance standards versus design standards.

  The proposed regulations will not require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities. The proposed amendments will not require small businesses to provide educational services to keep up to date with regulatory requirements. The proposed amendments will have no impact on compliance or reporting requirements, and there will be no additional taxes and/or fees for small businesses created by these proposed amendments.

• An identification of regulations of the promulgating agency, or of another agency or department of the commonwealth, which may duplicate or conflict with the proposed regulation amendments.

  While the Department of Revenue will be impacted by these regulations, to the extent that they participate in hearings before the ATB to defend the Commissioner of Revenue’s assessments against taxpayers, there are no Department of Revenue regulations that duplicate or conflict with the proposed regulations.

• An analysis of whether the proposed regulation amendments are likely to deter or encourage the formation of new businesses in the commonwealth.

  The proposed regulation amendments are not likely to have any impact on the formation of new business in the commonwealth. The proposed regulation amendments do not require compliance, reporting, or regulatory requirements. No small business was contacted during the preparation of this document.

Cannabis Control Commission:
935 CMR 500.000 - Adult Use of Marijuana
935 CMR 501.000 - Medical Use of Marijuana

Notice is hereby given pursuant to M.G.L. c. 30A, § 2, that the Cannabis Control Commission (“Commission”) will convene a public hearing for draft regulations revising 935 CMR 500.000: Adult Use of Marijuana and 935 CMR 501.000: Medical Use of Marijuana.

The revisions effectuate statutory mandates under Chapter 180 of the Acts of 2022: An Act Relative to Equity in the Cannabis Industry, signed by Governor Baker on August 11, 2022. The proposed regulations:

1. Provides the Commission with oversight of Host Community Agreements (“HCAs”) and any Community Impact Fees (“CIFs”) included in an HCA
2. Removes a pilot program licensing municipalities as host communities for social consumption establishments
3. Removes certain past criminal convictions from being considered when assessing suitability of certain registered agents

The Commission promulgates the draft regulations pursuant to its authority under M.G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed; and M.G.L. c. 94I, Medical Use of Marijuana.

Scheduled hearing date and time:
Friday, September 8, 2023, at 10:00 AM EST
Link will be published at: mass-cannabis-control.com/calendar

In advance of the public hearing, the text of the proposed regulations may be viewed by visiting the Commission’s website at mass-cannabis-control.com, requested by emailing Commission@cccmass.com, or by calling the Commission at (774) 415-0200.

Anyone wishing to offer testimony on these regulations can appear in person on the date above or email Commission@cccmass.com to request the virtual hearing link and participate remotely. Alternatively, written testimony may also be submitted to the same email address or address below, with ‘Regulation Comment’ in the subject line. All submissions should include the submitters’ full name, and organization or affiliation, if any.

Cannabis Control Commission
Union Station
2 Washington Square
Worcester, MA 01604

Written testimony must be received by 5:00 p.m. EST on September 8, 2023.
Submissions may be subject to disclosure pursuant to the public records law, G. L. c.66, § 10.

935 CMR 500.000 & 935 CMR 501.000
Small Business Impact Statement

The Massachusetts Cannabis Control Commission (Commission) files this small business impact statement in accordance with M.G.L. c. 30A, §§ 2, 3 and 5 relative to draft regulations revising 935 CMR 500.000: Adult Use of Marijuana and 935 CMR 501.000: Medical Use of Marijuana. The revisions primarily effectuate the statutory mandates under Chapter 180 of the Acts of 2022: An Act Relative to Equity in the Cannabis Industry passed by the Massachusetts Legislature and signed by Governor Baker on August 11, 2022. The proposed changes will impact registered agents, municipalities, applicants for licensure, licensees, and specifically:

• Provides the Commission oversight of Host Community Agreements (“HCAs”) and any Community Impact Fees (“CIFs”) included in an HCA.
• Establishes new requirements regarding CIF.
• Limits CIFs to a single 8-year term.
• Requires CIFs to be “reasonably related” to the costs imposed on the host community by the operation of the Marijuana Establishment (ME) or Medical Marijuana Treatment Center (MTC), which may not exceed 3% of the licensee’s gross sales.
• Requires host communities to share documented impact expenses with licensees in connection with each license renewal.
• Removes a pilot program licensing municipalities as host communities for social consumption establishments.
• Removes certain past criminal convictions from being considered when assessing suitability of certain registered agents.

1. Estimate of the number of small businesses subject to the regulations:

Adult-Use Marijuana Program: As of July 1, 2023, the adult-use of marijuana program has approved 1287 applications for provisional licenses and 606 applicants final licenses. There are 556 MEs issued final licenses that have commenced operations. Among them, there are 13 Economic Empowerment Priority Applicants (EEAs) that have pending applications, 40 EEAs that have received pre-certifications for Marijuana Delivery licenses, 47 EEAs approved for provisional licenses, 1 EEAs issued final licenses, and 22 EEAs that have commenced operations.

Medical-Use Marijuana Program: As of July 1, 2023, the medical-use of marijuana program has issued 190 applicants provisional licenses and 102 applicants final licenses. There are 102 MTCs issued final licenses that have commenced operations.

Based on these numbers, the Commission estimates that approximately 1,900 applicants and licensees, which include small businesses, will be impacted by the revisions to chapters 935 CMR 500.000 and 501.000. There is also an inestimable number of small businesses that may seek Microbusiness, Craft Marijuana Cooperative, Delivery, Social Consumption Establishment, or Research licenses. It is likely these numbers will change when the final regulations are filed.

2. State the projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulations:

For revisions to 935 CMR 500.000: Adult Use of Marijuana and 935 CMR 501.000: Medical Use of Marijuana, the Commission projects that some costs associated with compliance may increase due to the licensing, inspectional, and operational requirements being made consistent with the Commission’s new statutory mandates. In other instances, the cost of compliance is likely reduced, as the changes in what criminal offenses may be assessed related to registered agent suitability, may result in a more streamlined registration process for many employees.

3. State the appropriateness of performance standards versus design standards:

Given the public health and public safety implications of medical and adult-use marijuana, the Commission believes design standards are more appropriate at this stage of development. As the industry develops, and the Commission accumulates more data, more consideration will be given to performance standards, where appropriate.

There are no proposed regulations at issue that pertain to small businesses.

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

The proposed regulations are likely to encourage the formation of new small businesses in the Commonwealth. The Commission is charged by M.G.L. c. 94G and M.G.L. c. 94I, to adopt procedures and policies to promote and encourage full participation in the emerging adult- and medical-use marijuana industries. As of July 1, 2023, 190 total applications have been partially or fully submitted for licensure as an MTC, and 190 licenses have been issued, and 1,700 total applications have been partially or fully submitted for licensure as a Marijuana Establishment, and 1,287 licenses have been issued, which may result in hundreds of new businesses. The Commission has approved 26,390 medical-use agent registrations and 52,497 adult-use agent registrations, which suggests that there has been the creation of thousands of new jobs. In addition, the Commission has proposed regulatory changes that strives to reduce barriers to entry for EEAs, Social Equity Program Participants, applicants for license types with lower capital requirements, OSD-certified minority-, veteran-, and women-owned businesses, who are also deemed to be small businesses by the Commission, and others.

Energy Resources, Department of
225 CMR 26.00

Notice is hereby given that the Massachusetts Department of Energy Resources (DOER), acting under statutory authority of Chapter 25A of the General Laws, and in conformance with Chapter 30A of the General Laws, is holding a public hearing on 225 CMR 26.00, Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program (Regulations). The MOR-EV program was most recently updated as part of the Act Driving Clean Energy and Offshore Wind, St. 2022, c. 126, § 41, and is codified at M.G.L. c. 25A, § 19. A public hearing will be conducted to receive verbal and written comments on the proposed regulations. Location: Virtual Hearing via Zoom https://zoom.us/meeting/register/tJAocu-pqz4sGte7vGgKhyXHIEEkt6jKKmYs
Date: September 19, 2023 from 1:00 to 3:00 PM Verbal and written testimony will be accepted at the hearing; however, parties are requested to provide written copies of their testimony. Written comments will be accepted beginning on September 8, 2023 and ending at 5 pm on September 19, 2023. Please submit written comments to Catie Snyder, via email, to catie.snyder@mass.gov. Copies of the proposed regulations and the registration link may be obtained from the DOER website www.mass.gov/doer or by contacting Catie Snyder at catie.snyder@mass.gov.

225 CMR 26.00
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:

  Minimal, if any, as detailed below

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

  To the extent dealerships meet the "small business" standard, participation by licensed MA dealerships is voluntary. Dealerships that elect participation in a point of sale rebate program will have compliance obligations, including submitting required documentation associated with the purchase of an eligible vehicle seeking rebate issuance.

• Will small businesses have to implement additional recordkeeping procedures?

  It is unlikely that participating dealerships will need to keep any additional records because the existing documentation for eligible purchases or leases received through the online portal will be sufficient.

• 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. Not applicable.

• 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. DOER reserves the right to audit or inspect participating dealerships in this voluntary program.

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

  No. DOER will oversee the development of training resources, webinars, and other materials that will be made available to dealerships at no cost. Any other education about requirements is likely to be provided in their normal course of business.

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

  No. The regulation formalizes participation in a voluntary program.

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

  No.

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

  No.

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

  No.

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

  No. The proposed 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. Not applicable.

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

  No. The regulations are voluntary for all businesses, including small businesses; however, DOER will prioritize minimizing the regulation’s impact on small business during the implementation process.

Medical Assistance, Division of
130 CMR 457.000

Under the authority of M.G.L. c. 6A, section 16 and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) will hold a remote public hearing on Tuesday, September 12, 2023, at 11 a.m. relative to the adoption of amendments to the following regulation: 130 CMR 457.000: Freestanding Birth Center Services.

The proposed regulation is planned to go into effect no sooner than January 5, 2024. There is no fiscal impact on cities and towns.

The proposed regulation 130 CMR 457.000 is a standalone provider regulation for freestanding birth center (FBC) services that sets forth the requirements, conditions, and limitations for MassHealth-covered FBC services. It includes, among other things, provisions regarding the following areas:

• Provider eligibility requirements to enroll as a MassHealth provider of such services
• Conditions of payment for such services
• Member eligibility requirements for the receipt of such services
• Requirements and limitations for the delivery of such services
• Administrative requirements related to the delivery of such services
• Other requirements related to the provision of such services, including recordkeeping

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/masshealth-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 masshealthpublicnotice@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 12, 2023. The Division 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/servicedetails/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.

The Division 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/masshealthpublic- hearings.

130 CMR 457.000
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:

  EOHHS notes that, currently, there are no providers enrolled in MassHealth as providers of doula services, as 130 CMR 463.000: Doula Services is a proposed regulation that, if promulgated, will establish the MassHealth doula services program. However, based on publicly available reporting from DONA International, DoulaMatch and the Betsey Lehman Center, EOHHS estimates that there may be at least 200 doulas in the Commonwealth who may be eligible to enroll in MassHealth as providers of doula services if 130 CMR 463.000 is promulgated.

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

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. Providers seeking to participate in the MassHealth FBC Services program created through this regulation must comply with the recordkeeping requirements set forth in this regulation, as well as those that apply to all MassHealth providers.

• 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?

  Yes. Providers seeking to participate in the MassHealth FBC Services program created through this proposed regulation must cooperate with the audit, inspection, and other regulatory enforcement activities set forth in this regulation, as well as those that apply to all MassHealth 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.

• 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. The proposed 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 proposed regulation does not distinguish between small and other businesses.

• 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. 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 proposed regulation is required by statutes and its goals could not be achieved through alternative methods.