Notices of Public Hearing (Published 11/08/2024)

Attorney General, Office of the
940 CMR 14.00 

Notice of Public Hearing and Comment Period

Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Massachusetts Office of the Attorney General will hold a hybrid public hearing on Wednesday, November 20th, 2024 at 10:00a.m. and accept public comment through Wednesday, November 20th at 5:00p.m concerning the following regulatory action:

940 C.M.R. 14.00 (Promulgated Pursuant to M.G.L. c. 12, § 11K and M.G.L. c. 258C, § 4.)

The proposed updates to 940 C.M.R. 14.00 will reflect statutory changes pursuant St. 2024, c. 140 in the awards and compensation structure governed by these regulations. The updated regulations will increase the maximum award for funeral and burial expenses, ancillary expenses associated with the interment of a victim whose death is the direct result of a crime, and the maximum compensable amount under 940 CMR 14.06(13). The updated regulations will also allow for information sharing between the Massachusetts Office of the Attorney General and the Massachusetts Office of Victim Assistance.

The in-person hearing will be held on the date and time specified above in Conference Room B in 100 Cambridge Street, Boston, MA 02108. To join the hearing virtually, please join at: https://t.ly/aXFpD

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 at the hearing by emailing the address below with the subject line: “Regulation Hearing Comment – 940 CMR 14.00.”
Written comments will be accepted starting October 30th, 2024, until 5:00 p.m. on November 20th, 2024.

Email: Robert.Fernandez@mass.gov
Postal Mail:
Robert Fernandez
Senior Policy Coordinator
Massachusetts Office of the Attorney General
One Ashburton Place, 20th Floor
Boston, MA 02108

A copy of the above-listed regulations may be obtained by visiting: https://www.mass.gov/info-details/attorney-generals-policy-government-affairs-division

940 CMR 14.00
Small Business Impact Statement

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

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

  0
  

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

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

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

  No.

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

  No.  

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

  No.  

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

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

  No.
  

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

  No.  

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

  No.

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

  No.

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

  No.

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

  No.

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

  No.

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

  No.  

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

  No.  

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

  No.

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

  No.

Energy Resources, Department of
225 CMR 21.00

NOTICE OF PUBLIC COMMENT AND HEARING

Notice is hereby given that the Massachusetts Department of Energy Resources (DOER), acting under Chapter 227 of the Acts of 2018, and in conformance with Chapter 30A of the General Laws, is holding a public hearing on amendments to portions of 225 CMR 21:00 Clean Peak Energy Portfolio Standard (CPS) enacted by emergency regulation on October 11, 2024. The CPS regulations require all retail electricity suppliers selling electricity to end-use customers in the Commonwealth to obtain a specific minimum percentage of their electricity supply from clean peak energy resources. The amendments make revisions to: 1) The ACP Rate; 2) The initial Clean Peak Energy Certificate (CPEC) procurement target and requires DOER to publish a staggered procurement schedule by November 12, 2024; 3) The Summer Seasonal Peak Period and; 4) CPEC Banked Compliance. A virtual public hearing will be conducted to receive verbal comments on the emergency regulation.

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

Location: Virtual Hearing via Zoom https://zoom.us/webinar/register/WN_oj6osN4ySBqPuq2tSiTgNg#/registration
Date: November 18, 2024, beginning at 1:00 PM

Verbal testimony will be accepted at the hearing; however, parties may also provide written copies of their testimony. Written comments will be accepted beginning October 25, 2024 and ending at 5:00 P.M. on November 18, 2024. DOER requests that written comments be submitted as attached pdf files to DOER.CPS@mass.gov, with the words 2024 CPS FOLLOW ON EMERGENCY RULEMAKING COMMENTS in the subject line.
Alternatively, comments can be submitted via mail to Thomas Ferguson 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 www.mass.gov/doer or by contacting Thomas Ferguson at Thomas.Ferguson@mass.gov.

BY ORDER OF:
Elizabeth Mahony, Commissioner
Department of Energy Resources

CMR No.: 225 CMR 21.00
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:

  None

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

  No. Entities with compliance obligations pursuant to this statute and regulation are not typically “small businesses”. To the extent a retail competitive supplier meets the small business standard, such entities are already complying with the requirements of this regulations. For generators, participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.

• Will small businesses have to implement additional recordkeeping procedures?

  No. Please see note above. Participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.

• Will small businesses have to provide additional administrative oversight?

  No, participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.

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

  No, participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.

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

  No, participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.

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

  No, participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.

• 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, regulated entities must comply via well-established criteria. The proposed regulatory changes will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.
  

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

  No.

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

  No, participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.

• Will the regulation have the effect of creating additional taxes and/or fees for small businesses?

  No, participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.

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

  No. No, participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.  

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

  No, participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.

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

  Yes, the regulation is likely to encourage the formation of small businesses to serve a growing market for Clean Peak Resources.

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

  No, the compliance requirements for regulated entities, the majority of which are large, national/international companies involved in the sale of electricity, are not less stringent.

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

  No, participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.

• 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, participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.

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

  No, participation in the program by small businesses is voluntary and the retail electricity suppliers that are regulated will see the CPEC banked compliance policy brought into alignment with other DOER REC programs.

State 911 Department
560 CMR 3.00

Notice of Public Hearing

Pursuant to the provisions of M.G.L. c. 6A, § 18H and M.G.L. c. 30A, the State 911 Department will hold a public hearing relative to the amendment of 560 CMR 3.00: Regulations Establishing an Equitable and Reasonable Method for the Remittance and Collection of a Surcharge on Prepaid Wireless Telephone Service.

The public hearing will be held on November 21, 2024 at 10:00 a.m. at 151 Campanelli Drive, Suite A, Middleborough, MA 02346.

The proposed amendments set forth the method for the remittance and collection of a surcharge in the amount of $1.50 per month commencing January 1, 2019 through December 31, 2028; and $1.00 per month effective January 1, 2029 imposed on each subscriber, end user or customer whose communication services are capable of accessing and utilizing the enhanced 911 system. Each prepaid wireless telephone service provider shall remit the surcharge on a monthly basis to the State 911 Department.

The purpose of the public hearing is to afford interested persons an opportunity to provide oral and/or written comment regarding the proposed amended regulations. Any person who wishes to be heard on this matter will be afforded a reasonable opportunity to present oral and/or written comment at the time and place designated above. Any person who wishes to comment concerning the proposed amended regulations may file written comments with the State 911 Department, 151 Campanelli Drive, Suite A, Middleborough, MA 02346, ATTN: Dennis Kirwan, General Counsel or by email to dennis.kirwan@state.ma.us. E-mailed comments should provide the sender's name, mailing address, and organization or affiliation, if any. Written comments will be accepted through November 29, 2024 at 5:00 p.m.

Copies of the proposed amended regulations are available from the State 911 Department, 151 Campanelli Drive, Suite A, Middleborough, MA 02346, ATTN: Dennis Kirwan, General Counsel and are available on the State 911 Department website at www.mass.gov/e11.

Dated: October 10, 2024

Frank Pozniak
Executive Director
State 911 Department 

CMR No: 130 CMR 418.000: Substance Use Disorder Treatment Services
Small Business Impact Statement

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

The State 911 Department hereby files this Small Business Impact Statement in accordance with Massachusetts General Laws c. 30A, § 2 relative to the proposed amendments to 560 CMR 3:00: Regulations Establishing an Equitable and Reasonable Method for the Remittance and Collection of a Surcharge on Prepaid Wireless Telephone Service.

Agency Submitting Regulation: State 911 Department 

Describe the Scope and Objectives of the Regulation: The regulation establishes certification requirements, standards for emergency medical dispatch, and call handling procedures to enhance public safety. 

Business Industry(ies) Affected by the Regulation: None 

Types of Businesses Included in the lndustry(ies): None 

Total Number of Small Businesses Included in the Regulated Industry(ies): None 

Number of Small Businesses Potentially Subject to the Proposed Regulation: None

Effective Date Used In Cost Estimate: October 10, 2024 

• 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.
  

• Will the regulation have the effect of creating additional taxes andfor fees for small businesses?

  No.  

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

  No.

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

  No.

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

  No.  

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

  No.

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

  No.

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

  No.  

• Can the compliance or reporting requirements be consolidated or simplified for small businesses?

  No.  

• Were any small businesses or small business organizations contacted during the preparation of this document? If so, please describe.

  No. 

Underground Storage Tank Product Cleanup Fund Administrative Review Board
503 CMR 2.00

Notice of Public Hearing

The Department of Revenue (“DOR”) is holding this public hearing remotely. Details and instructions for participating and testifying remotely (such as through a phone line or online connection) at the remote public hearing will be published online at https://www.mass.gov/service-details/public-hearings-dor and are included in this notice below. If you plan to testify at the remote hearing, DOR strongly encourages you to register in advance; see below for instructions. DOR encourages you to submit written testimony in addition to, or instead of, providing testimony at the hearing; see below for instructions. Additionally, requests for copies of the proposed regulation will not be accepted in person. Details for obtaining copies of the proposed regulation are set forth below.

Join Zoom Meeting
https://us02web.zoom.us/j/81565494666?pwd=4U3CAtAx4XrPU0abbOAlaedwmc1qrH.1
Meeting ID: 815 6549 4666
Passcode: 708701
Dial by your location +1 309-205-3325 US,
Find your local number: https://us02web.zoom.us/u/kcUsmTeYBA

Pursuant to the provisions of General Laws Chapter 14, Section 6(1), Chapter 30A, Section 2, and Chapter 62C, Section 3, the Commissioner will hold a public hearing on the following proposed regulation:

503 CMR 2.00:
Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.G.L. c. 21J

Scheduled Hearing Date: 
Thursday, December 5, 2024, at 11:00 a.m.

Subject Matter:
503 CMR 2.00 explains the rules related to the Underground Storage Tank Petroleum Product Cleanup Fund for reimbursing underground storage tank owners for costs incurred in cleaning petroleum spills at a petroleum dispensing facility, such as a gas station. The proposed regulation changes to the existing regulation make no substantive changes to the program, but instead requires electronic filing for program eligibility.

Information:
Individuals who notify DOR of their intent to testify at the hearing will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to notify DOR of their intention to testify at the hearing by emailing their full name, mailing address and organization or affiliation, if any to RulesandRegs@dor.state.ma.us by December 4, 2024.

Individuals may also submit written testimony by emailing the Rulings and Regulations Bureau at RulesandRegs@dor.state.ma.us.

Please submit electronic testimony as an attached Word document or as text within the body of the email with the name of the regulation in the subject line. All submissions 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 the Rulings and Regulations Bureau, Post Office Box 9566, Boston, Massachusetts 02114-9566. Written testimony must be submitted by 5:00 p.m. on December 5, 2024.

Copies of the proposed regulation will be sent electronically via e-mail to practitioners who are on the Rulings and Regulations Bureau's e-mail list. In addition the proposed regulation is posted on the Department of Revenue's Web site at: http://www.mass.gov/dor/businesses/help-and-resources/legallibrary/regulations/proposedregulations.html. 

Geoffrey E. Snyder
Geoffrey E. Snyder
Commissioner of Revenue

Underground Storage Tank Petroleum Product Cleanup Fund Administrative Review Board
Small Business Impact Statement

Small Business Impact Statement pursuant to G.L. c. 30A, §§ 2 and 3

503 CMR 2.00: Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.G.L. c. 21J, 503 CMR 2.00 explains the rules related to the Underground Storage Tank Petroleum Product Cleanup Fund for reimbursing underground storage tank owners for costs incurred in cleaning petroleum spills at a petroleum dispensing facility, such as a gas station.

This revision to the existing regulation makes no substantive changes to the program, but instead requires electronic filing for program eligibility.

The Department of Revenue (“DOR”) estimates that up to 1435 small businesses may be impacted by this proposed regulation. There are no additional reporting, record keeping, or other administrative costs directed at small businesses that are required for compliance with the proposed regulation amendment. Additionally, the proposed regulation amendment does not contain design or performance standards directed at small businesses and does not duplicate or conflict with other regulations of DOR.

DOR has not identified any regulations of other agencies that conflict with this proposed regulation. And finally, the proposed regulation is likely to neither deter nor encourage the formation of new businesses, small or otherwise, in the Commonwealth.