Notices of Public Hearing (Published 11/22/2024)

Administration and Finance, Executive Office of
801 CMR 8.00

Notice of Public Hearing  

Notice is hereby given that the Executive Office for Administration and Finance, acting under statutory authority of Section 109 of Chapter 6A of the General Laws, and in conformance with chapter 30A, §2 of the General Laws, will hold a public hearing on December 11, 2024 at 11:00 am on a proposed draft regulation for the Collection of Personal Identifying Information by Government Agencies, 801 CMR 8.00 to ensure consistent collection of demographic information across Executive Branch and quasi-independent agencies.

The following public hearing will be conducted to receive verbal and written comments on the proposed regulation via TEAMS, a digital meeting program.

Verbal and written testimony may be presented at the public hearing; however, parties are requested to provide written copies of their oral testimony. Written comments will be accepted beginning December 11, 2024 at 11:00 am and continue until 5:00 P.M. on December 13. Please submit written comments to Martha Kwasnik via mail: State House, Room 373, Boston, MA 02133, or electronically to anf.regs@mass.gov.

Any person requesting to comment orally on the proposed regulation at the virtual hearing must submit to anf.regs@mass.gov a Notice of Intent to Comment no later than December 10, 2024, at 5:00 P.M. Any other person requesting to attend the hearing must register at anf.regs@mass.gov no later than 12:00 p.m. on December 10, 2024. All notices or requests must include the person’s name, telephone number and email address. An email with instructions for joining the hearing will be sent on the afternoon of December 10, 2024, no later than 5:00 P.M.

A copy of the proposed regulation may be viewed on the website of the Executive Office for Administration and Finance or obtained from Martha Kwasnik by calling 617-727-2040 or by sending a request via e-mail to anf.regs@mass.gov.

801 CMR 8.00
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.

Building Regulations and Standards, State Board of
780 CMR 1.00 & 51.00

NOTICE OF HEARING

Pursuant to M.G.L. c. 143, §94, 97, and c. 30A, §2, the Board of Building Regulations and Standards will hold a virtual public hearing relative to the Massachusetts State Building Code. Specifically, the proposed changes to 780 CMR 1.00 and 51.00 would extend the concurrency period, during which either the 9th or 10th edition code may be utilized. As proposed, the concurrency period set to end January 1, 2025 will be extended through Jine 30, 2025. A small business impact statement has been filed with the Secretary of State's Office. The Board will hold the public hearing as follows (pre-registration is not required):

Monday, December 2, 2024, at 10:00 a.m.:
By videoconference https://www.microsoft.com/en-usim icrosoft-teams/join-a-meeting
Meeting ID: 227 454 599 594
Passcode: pL3CpX
Or call in to: (857) 327-9245, Phone Conference ID: 575 559 015

Interested Parties will be given an opportunity to present testimony orally at this hearing. The Board will also accept written comments received prior to the hearing regarding the regulations sent via email at bbrs-ma@mass.gov or by mail at this address:

Board of Building Regulations and Standards
Division of Occupational Licensure — Office of Public Safety and Inspections
1000 Washington Street, 7th Floor
Boston, MA 02118

Written comments must be received by 4:00 p.m. on Friday, November 29, 2024. A copy of the proposed regulations may be obtained at the Board's web site located at: https://www.mass.gov/orgs/office-of-public-safety-and-inspections or by contacting the Board office directly at the above address or by phone: (617) 727-3200. Once all testimony is received, the Board intends to conclude the hearing and immediately convene a regular board meeting to finalize the regulations, the public is welcome to attend this meeting.

CMR No.: 780 CMR 1.00
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:

  60,000

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

  Yes. Certain small businesses will be required to create, file, and issue reports. These may include, but are not limited to: Construction Control documents; certain engineering analyses; project completion affidavits; project cost substantiation documents; design and shop drawings; and compliance alternative substantiation. They may also be required to prepare other documents if submitting an appeal to the Building Code Appeals Board.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. In certain circumstances, records will need to be created and maintained. These may include, but are not limited to: records of specialized inspections; maintenance records; design changes; and records related to cost (if needed to substantiate building permit valuation).

• Will small businesses have to provide additional administrative oversight?

  Yes. Projects requiring a Construction Supervisor License ("CSL") will require oversight by a licensed construction supervisor ("CSL holder"). In addition to oversight by a CSL holder, installations incorporating engineered designs need to be reviewed by the Regitered Design Professional ("RDP") approving the design. For projects beyond the scope of a CSL, compliance with Construction Control practices is required. This includes administrative oversight responsibilities by both the RDP and General Contractor responsible for the project.

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

  No. Small businesses will typically already employ the necessary personnel, though when necessary they are able to hire outside consultants and experts to perform the duties required by this regulation.

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

  Yes. Overall, small businesses will be able to perform most of the required tasks themselves, as long as they are duly-licensed to perform those tasks. In certain circumstances, such as specialized inspections requiring independent third-party verification (e.g., HERS Raters and Inspectors, BPI certified professionals, and Concrete and Steel Inspections).

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

  Yes. These regulations have certain prescriptive- and performance-based requirements, which may require specialized products, meeting certain national (or international) standards, in order to comply.

• 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 regulations incorporate both performance- and prescriptivebased requirements for use in various types of projects. Designers and developers may choose to use performance-based requirements, as long as they are substantiated through verifiable documentation.
  

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

  Yes. The Board of Building Regulations and Standards ("BBRS") has duplicative jurisdiction, in certain areas, with the Department of Public Health, the Department of Fire Services, and other specialized codes listed in G.L. c. 143, § 96. Whenever there are any jurisdictional conflicts, the BBRS is open to discussions with other entities to ensure a proper resolution is obtained.

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

  Yes. The regulation requires compliance with certain permit and maintenance requirements. This includes inspection and audit findings, and other enforcement activities, as required by the regulation.

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

  Yes. The regulation requires continuing education for many of those licenses and certifications regulated by the regulation, including: CSL holders, Building Officials (local inspectors, building commissioners, and inspectors of buildings), certain staff in Concrete Testing Laboratories, and Concrete Field Testing Technicians.

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

  No. Regardless of place of formation, the licensure and permitting requirements are the same for in-state and out-of-state businesses and individuals doing business in Massachusetts.

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

  No. Regardless of place of formation, the licensure and permitting requirements are the same for in-state and out-of-state businesses and individuals doing business in Massachusetts.

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

  No. The regulation does not provide any different reporting or compliance requirements for small businesses. However, the code does not require all design plans to be completed by an RDP, and therefore small businesses are permitted to submit less formal construction documents, which can and do satisfy code requirements.

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

  No. The regulation does not provide any less stringent schedules or deadlines for compliance or reporting requirements for small businesses. However, small businesses may apply for, and are frequently granted, permit extensions that offer financial and other relief, on the basis of their small size.

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

  No. The regulation does not provide any simplified compliance or reporting requirements for small businesses. However, other than licensure and business registration renewals, the building code imposes no genuine deadlines on businesses, small or large.

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

  Yes. Certain aspects of building design must be prescriptive, but the regulation does incorporate multiple performance-based options for compliance.

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

  No. These regulations establish a minimum level of requirements in order to ensure the safety of the public. The process followed in order to develop this regulation utilized extensive stakeholder participation and considerations for cost and safety, as is required by the enabling legislation.

Criminal Justice Information Services, Department of
803 CMR 1.00

Notice of Public Hearing

Pursuant to M.G.L. c. 6, §§178C-178Q and M.G.L. c. 30A, the Sex Offender Registry Board (SORB) hereby provides notice of a public hearing concerning proposed changes to 803 CMR 1.00. The amendments to 803 CMR 1.00 is to reflect changes in case law, research regarding sex offender recidivism, and agency practices. 803 CMR 1.00 governs the Sex Offender Registry Board’s registration, classification, and dissemination of information of sex offenders.

The public hearing will be held remotely via Webex on Thursday, December 12, 2024 from 10:00AM through 12:00PM and can be accessed with the following information:

Link: https://mass-sor.webex.com/masssor/ j.php?MTID=mf6ed139904b37ab7537d7411c7b80ee5
Alternately, you may dial in to the public hearing with the following information: +1-408-418-9388
United States Toll Access code: 2345 847 9879

Interested persons are encouraged, though not required, to pre-register by sending an email to sorb.legal@mass.gov with “803 CMR 1.00” as the subject line. Such optional notice must include the person’s name, telephone number, and email address. Anyone who emails their intention to provide oral testimony at the hearing in advance will receive preference in the order of testimony provided. Written comments will also be accepted until Thursday, December 12, 2024 at 5:00 pm. They may be emailed to sorb.legal@mass.gov with “803 CMR 1.00” as the subject line or mailed to:
Mimi N. Wong, General Counsel
SORB, PO Box 392,
N. Billerica, MA
01862.

Copies of the regulation may be obtained online at www.mass.gov/sorb or by emailing sorb.legal@mass.gov with “803 CMR 1.00” as the subject line or by calling 978-740-6410.

 Please find enclosed the accompanying Small Business Impact Statement. If you have any questions, please contact SORB General Counsel Mimi Wong at mimi.n.wong@mass.gov.

Very truly yours,
Mimi N. Wong General Counsel

CMR No.: 803 CMR 1.00: Sex Offender Registry Board, Registration, Classification and Dissemination
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. The proposed amendments are not likely to encourage or discourage the formation of small businesses in Massachusetts?

• 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 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 7.00

Public Hearing Notice

This Public Hearing Notice is available in alternative languages (Español -- Tiếng Việt -- Chinese -- Kreyòl Ayisyen -- Português) on MassDEP’s website at: https://www.mass.gov/service-details/massdep-public-hearings-comment-opportunities.

Notice is hereby given that the Massachusetts Department of Environmental Protection (MassDEP) will hold a public hearing on emergency regulations that amended 310 CMR 7.40, Low Emission Vehicle Program, pursuant to the authority of M.G.L. c. 21A §§ 2, 8 and 16, M.G.L. c. 21N and M.G.L. c. 111, §§ 2C and 142A through 142M. The emergency regulations went into effect on November 4, 2024, and incorporate regulations promulgated by the California Air Resources Board for the Heavy-duty Omnibus model year 2026 legacy engine provisions, clarify exemptions for transit buses, emergency vehicles and military tactical vehicles, and delays the Heavy-duty Omnibus effective model year from model year 2025 to 2026. In accordance with M.G.L. Chapter 30A, MassDEP is providing two public hearings and a public comment period on the emergency regulations, which may be modified after public hearing and comment.

The emergency regulations and background information are available on MassDEP’s web site at https://www.mass.gov/service-details/massdep-public-hearings-comment-opportunities. The dates of and registration information for the public hearings are:

Monday, December 9, 2024, at 1:00 PM (EST) Register in advance for this public hearing: https://us06web.zoom.us/meeting/register/tZcvcOGtqjIpH9UCrWE2K4juz0pfyjcE6iMa

Monday, December 9, 2024, at 5:30 PM (EST) Register in advance for this public hearing: https://us06web.zoom.us/meeting/register/tZEldOiopjMiH90IjCod7kNW2CZd7yzDzS3c 

After registering, you will receive a confirmation email containing information about joining the hearing.

MassDEP provides language access interpreter/translation services to limited English proficient individuals free of charge. If you need an interpreter to participate in this hearing, translation services can be found at https://www.mass.gov/info-details/massdep-language-translationassistance.

Testimony may be presented orally and/or in writing at the public hearing. Written comments will be accepted until 5:00 PM on December 19, 2024.
Written comments must be submitted by email to: Ngoc Hoang at ngoc.hoang@mass.gov or by mail to
Ngoc Hoang, MassDEP
Bureau of Air and Waste
100 Cambridge Street, Suite 900
Boston, MA 02114.

By order of the Department.
Bonnie Heiple, Commissioner

CMR No.: 310 CMR 7.00 (7.40)
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. The regulation only applies to vehicle manufacturers, which are not small businesses.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation only applies to vehicle manufacturers, which are not small businesses.

• 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 exempts certain vehicles from emissions limits. The legacy engine provisions provide flexibility to manufacturers of heavy-duty engines and are considered performance standards.
  

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

  No.  MassDEP is adopting California’s provisions to maintain identicality with California as required by Section 177 of the federal Clean Air Act.

• 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 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. 

Health and Human Services, Executive Office of

Public Hearing Notice

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, December 6, 2024, at 11:00 am, relative to the adoption of amendments to the following regulation:

101 CMR 312.00: Rates for Family Planning Services

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

The proposed amendments increase the current rates by adding a prospective cost adjustment factor (CAF) of 2.27%. The CAF was developed using the optimistic forecast of the Massachusetts Consumer Price Index (CPI) developed by IHS Markit. The CAF of 2.27% was calculated using a base period of quarter one of calendar year 2025, and a two-year prospective rate period of quarter two of calendar year 2025 through quarter one of calendar year 2027. All rates currently established as individual consideration (IC) or that reference to other regulations in 101 CMR 312.00 are proposed to remain the same. EOHHS also proposes to amend 101 CMR 312.00 to reflect updated terminology and current policy.

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 $33,000 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 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-servicespublic- hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

MassDEP provides language access interpreter/translation services to limited English proficient individuals free of charge. If you need an interpreter to participate in this hearing, translation services can be found at https://www.mass.gov/info-details/massdep-language-translationassistance.

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 December 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 actions, go to www.mass.gov/infodetails/ 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/executiveoffice- of-health-and-human-services-public-hearings.

CMR No: 101 CMR 312.00
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:

  There are currently seven family planning agencies (most have multiple sites) that participate in the MassHealth program.

• 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. The proposed amendments are unlikely to deter or encourage the formation of small businesses in Massachusetts. This regulation governs payments for family planning 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 are unlikely to deter or encourage the formation of small businesses in Massachusetts. This regulation governs payments for family planning 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.

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

  No. The regulation requires providers to submit requested documentation to the Commonwealth to ensure compliance with requirements, including the timelines for reporting. The regulation is applied uniformly regardless of whether the provider is a small business.

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

  No. The regulation requires providers to submit requested documentation to the Commonwealth to ensure compliance with requirements, including the timelines for reporting. The regulation is applied uniformly regardless of whether the provider is a small business.

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

  No. The regulation establishes uniform conditions of payment for the provision of family planning services to publicly aided individuals. These requirements are applied uniformly, regardless of the size of the provider’s business, to maintain consistency in the care provided to publicly aided individuals.

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

  No. The regulation does not have an adverse impact on small businesses and governs payments for family planning services provided to publicly aided individuals. It is applied uniformly regardless of whether the provider is a small business.

Health and Human Services, Executive Office of

Public Hearing Notice

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, December 6, 2024, at 12:00 pm, relative to the adoption of amendments to the following regulation:

101 CMR 313.00: Rates for Freestanding Clinics Providing Abortion and Sterilization Services

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

The proposed amendments increase the current rates by adding a prospective cost adjustment factor (CAF) of 2.27%. The CAF was developed using the optimistic forecast of the Massachusetts Consumer Price Index (CPI) developed by IHS Markit. The CAF of 2.27% was calculated using a base period of quarter one of calendar year 2025, and a two-year prospective rate period of quarter two of calendar year 2025 through quarter one of calendar year 2027. All rates currently established as individual consideration (IC) or that reference to other regulations in 101 CMR 312.00 are proposed to remain the same. EOHHS also proposes to amend 101 CMR 312.00 to reflect updated terminology and current policy.

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 $33,000 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 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-servicespublic- hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

MassDEP provides language access interpreter/translation services to limited English proficient individuals free of charge. If you need an interpreter to participate in this hearing, translation services can be found at https://www.mass.gov/info-details/massdep-language-translationassistance.

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 December 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 actions, go to www.mass.gov/infodetails/ 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/executiveoffice- of-health-and-human-services-public-hearings.

CMR No: 101 CMR 313.00
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:

  There are four MassHealth-enrolled freestanding abortion and sterilization (A&S) clinics that are paid for A&S services using the rates set in 101 CMR 313.00.

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

  No.  

• Will small businesses have to implement additional recordkeeping procedures?

  No.  

• Will small businesses have to provide additional administrative oversight?

  No.   

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

  No.

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

  No.  

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

  No.  

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

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

  No. The regulation is required by statute under M.G.L. Chapter 118E, Section 13C, and establishes the rates to be paid by governmental units to providers of noninstitutional healthcare services.
  

• 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. The proposed amendments are unlikely to deter or encourage the formation of small businesses in Massachusetts. This regulation governs payments for abortion and sterilization 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 are unlikely to deter or encourage the formation of small businesses in Massachusetts. This regulation governs payments for abortion and sterilization 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.

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

  No. The regulation requires providers to submit requested documentation to the Commonwealth to ensure compliance with requirements, including the timelines for reporting. The regulation is applied uniformly regardless of whether the provider is a small business.

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

  No. The regulation requires providers to submit requested documentation to the Commonwealth to ensure compliance with requirements, including the timelines for reporting. The regulation is applied uniformly regardless of whether the provider is a small business.

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

  No. The regulation establishes uniform conditions of payment for the provision of abortion and sterilization services to publicly aided individuals. These requirements are applied uniformly, regardless of the size of the provider’s business, to maintain consistency in the care provided to publicly aided individuals.

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

  No. The regulation does not have an adverse impact on small businesses and governs payments for abortion and sterilization services provided to publicly aided individuals. It is applied uniformly regardless of whether the provider is a small business.

Health and Human Services, Executive Office of

Public Hearing Notice

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 Thursday, December 12, 2024, at 1 p.m. relative to the adoption of amendments to the following regulation.

101 CMR 339.00: Rates for Restorative Services

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

EOHHS proposes to set all rates established in 101 CMR 339.00 with corresponding Medicare rates at 72% of 2024 Medicare rates, maintaining the existing rates that are above 72% of 2024 Medicare rates. EOHHS proposes to increase any service rates without corresponding Medicare rates by 23.1%, which is the median percent increase applied to service rates with corresponding Medicare rates.

EOHHS is further proposing to add and adopt three new procedure codes for caregiver training. Medicare adopted these procedure codes as of January 1, 2024. These services provide training to non-paid caregivers of eligible members to support the nonpaid caregivers in facilitating the member’s functional performance related to an individualized therapy plan of care. EOHHS proposes to establish rates for the three added codes at 72% of corresponding Medicare rates, matching the methodology proposed above for other service codes with corresponding Medicare rates.

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 $4.1 million, or approximately by 40.6%, 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 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-servicespublic- hearings. To join the hearing by phone, call 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 December 12, 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 actions, go to www.mass.gov/infodetails/ 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/executiveoffice- of-health-and-human-services-public-hearings.

CMR No.: 101 CMR 339.00: Rates for Restorative Services
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:

  There are currently approximately 366 providers of restorative, speech and hearing center, and rehabilitation center services.

• 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 13C, and establishes the rates to be paid by governmental units to providers of non-institutional health care services, including restorative services.
  

• 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 continues to require providers to periodically comply with audits, inspections, and other regulatory 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?

  No. The regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts, as this regulation governs payments for restorative 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 regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts, as this regulation governs payments for restorative 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.

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

  No. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly regardless of whether or not the provider is a small business.

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

  No. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly regardless of whether or not the provider is a small business.

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

  No. The regulation establishes uniform conditions of payment for the provision of restorative services to publicly aided individuals. These requirements are applied uniformly, regardless of the size of the provider’s business, to maintain consistency in the care provided to publicly aided individuals.

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

  No. The regulation does not have an adverse impact on small businesses and governs payments for restorative services to publicly aided individuals and is applied uniformly regardless of whether or not the provider is a small business.

Executive Office of Housing and Livable Communities (EOHLC)

Public Hearing Notice

Under the provisions of M.G.L. c. 30A, § 3, notice is hereby given of the proposed permanent promulgation of emergency regulation adopted effective November 4, 2024, 760 CMR 70.00 — Veterans Supportive Housing Program (VSHP). EOHLC's regulatory authority for this action is provided under St. 2024, c. 150 and M.G.L. c. 23B. In accordance with M.G.L. c. 30A, § 5, the proposed permanent emergency regulation has a minimal or non-existent Small Business Impact. The purpose of the emergency regulation and the proposed permanent promulgation is to immediately adopt regulations for VSHP as required by St. 2024, c. 150.

Written comments on the proposed regulation may be submitted at any time prior to 5:00 pm on November 29, 2024, by sending the same electronically to EOHLCRegulationComments@mass.gov, including "Comments on 760 CMR 70" in the subject line. A copy of the emergency regulation proposed to be made permanent is posted on EOHLC's website at https://www.mass.gov/info-details/eohlc-regulations-current-regulations-andproposed- amendments.

CMR No.: 760 CMR 70.00
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:

  The Veterans Supportive Housing Program will assist non-profit organizations that provide supportive housing for eligible veterans and will not impact small businesses. Additionally, since the program is not currently funded, it is not anticipated to impact any non-profit organizations at this time. If the program is funded at a later date, a limited number of non-profit organizations will receive funding.

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

  No. The regulation only applies to vehicle manufacturers, which are not small businesses.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation only applies to vehicle manufacturers, which are not small businesses.

• 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. A non-profit entering into a contract with EOHLC pursuant to the Act and the regulation will likely already have a lawyer on staff or retained counsel to review the contract.

• 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. Qualified and selected non-profit organizations would be required to enter into a contract with EOHLC for funding under the program, which will require certain activities to be performed.

• 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 implements a statute that provides funding for supportive housing.

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

  No. Potentially. The regulation implements program that supports funding for qualified non-profit organizations that develop/preserve supportive housing.

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

  No. The regulation does not require reporting.

• 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 require reporting.

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

  No. Not applicable. The regulation implements a statute that provides funding for supportive housing.  

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

  No. State statute requires EOHLC to promulgate regulations to administer the program.

Medical Assistance, Division of
130 CMR 463.000

Public Hearing Notice

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 Monday, December 2, 2024, at 1:30 p.m. relative to the emergency adoption of amendments to the following regulation.

130 CMR 463.000: Doula Services 

130 CMR 463.000 governs MassHealth providers of doula services and the provision of MassHealth-covered doula services to MassHealth members.

The proposed amendments update 130 CMR 463.000 to: (1) allow non-doula group practices to bill for doula services; (2) allow doulas to join such group practices; (3) clarify that group doula visits are a non-covered service; and (4) establish that doula services are covered for eligible adoptive parents until the adopted infant reaches one year of age. 

In order to promote access to doula services for eligible MassHealth members and ensure consistency with recent updates to state law (i.e., Section 41 of Chapter 186 of the Acts of 2024), the proposed amendments were adopted on an emergency basis, effective November 8, 2024. The proposed amendments are not anticipated to result in an increase in annual aggregate MassHealth expenditures. 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/info-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 December 2, 2024. The Division specifically invites comments as to how the amendments may affect beneficiary access to care. 

To review the emergency regulation, go to www.mass.gov/infodetails/ 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.

The Division may adopt a final, revised version of the emergency 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.

November 8, 2024 

CMR No.: 130 CMR 463.000: Doula Services
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:

  Currently, there are approximately 124 MassHealth-enrolled doula providers.

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

  No. The regulation only applies to vehicle manufacturers, which are not small businesses.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation only applies to vehicle manufacturers, which are not small businesses.

• 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. A non-profit entering into a contract with EOHLC pursuant to the Act and the regulation will likely already have a lawyer on staff or retained counsel to review the contract.

• 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. This regulation requires MassHealth-enrolled doula providers to 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.

• 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.

Revenue, Department of
830 CMR 62.00

Public Hearing Notice

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/89639212264?pwd=sDoQUUvrwHWgyZBUA5x3emvlw5Rihf.1

Meeting ID: 896 3921 2264
Passcode: 819349
Dial by your location: +1 309 205 3325 US
Find your local number: https://us02web.zoom.us/u/kceK4rVele

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:

830 CMR 62.3.2: Charitable Contribution Deduction

Scheduled Hearing Date:
Wednesday, November 20, 2024, at 11:00 a.m. 

Subject Matter:
830 CMR 62.3.2 explains the deduction allowed for certain charitable contributions under M.G.L. c. 62, § 3B.(a)(13) against Part B adjusted gross income in determining Part B taxable income. The deduction is based on the federal charitable contribution deduction allowed or allowable under Internal Revenue Code § 170, including any carryover allowed therein, as modified by 830 CMR 62.3.2(4). Taxpayers are not required to claim a federal charitable contribution deduction in order to claim a Massachusetts charitable contribution deduction. The Massachusetts charitable contribution deduction is generally available only for contributions made in taxable years beginning on or after January 1, 2023. However, any amounts attributable to charitable contributions made prior to January 1, 2023 and carried over to tax years beginning on or after January 1, 2023 on the taxpayer’s federal income tax return are includable in calculating the Massachusetts charitable contribution deduction.

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 November 19, 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 November 20, 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
Commissioner of Revenue

600156

CMR No.: 830 CMR 62.3.2
Small Business Impact Statement

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

830 CMR 62.3.2 explains the deduction allowed for certain charitable contributions under M.G.L. c. 62, § 3B.(a)(13) against Part B adjusted gross income in determining Part B taxable income. The Department of Revenue (“DOR”) estimates approximately 583,864 small businesses may be impacted by this proposed regulation. No projected reporting, record keeping, or other administrative costs directed at small businesses have been identified as required for compliance with the proposed regulation. Additionally, the proposed regulation 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. 

State Police, Department of
515 CMR 10.00

Notice of Public Hearing

Under the provisions of M.G.L. c. 30A, the Massachusetts Department of State Police will conduct a public hearing for the purpose of gathering comments, ideas, and information concerning the following regulation:

515 CMR 10.00: Promotional Process for Rank of Captain

Summary of Proposed Regulation:
Adoption of this regulation will provide a framework for the new promotional process for the rank of captain for uniformed members of the Department, including information regarding notification requirements, administration, and scoring for a promotional examination, as well as information regarding selection of members.

The Department is holding this public hearing remotely via Zoom. You may join via computer or telephone as described below.

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 or writing to the address below.

Email: Doug.Levine@pol.state.ma.us
Postal Mail:
Doug Levine Office of the Chief Legal Counsel
Department of State Police
470 Worcester Road Framingham, MA 01702

Written comments will be accepted beginning on November 22, 2024 until 5:00pm on December 13, 2024.
All comments received may be released in response to a public records request.

A copy of the proposed regulation may be obtained by contacting the above address or email address or by visiting: https://www.mass.gov/event/515-cmr-1000-promotional-process-for-rank-of-captain-public-hearing-12-13-2024

Scheduled Hearing Date: December 13, 2024 at 10:00 AM

Via Computer: Please go to the following URL to join the Zoom webinar: https://tinyurl.com/StatePolicePublicHearing
Webinar ID: 961 8209 0588
Passcode: 776293
Via Telephone: (646) 931-3860

November 8, 2024 

CMR No.: 515 CMR 10.00
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. The new regulation will only impact uniformed members of the Massachusetts State Police and the agency operations.

• Will small businesses have to implement additional recordkeeping procedures?

  No. See response above.

• Will small businesses have to provide additional administrative oversight?

  No. See response above.

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

  No. See response above.

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

  No.  See response above.

• 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.   See response above.
  

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

  No.  See response above.

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

  No. See response above.

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

  No. See response above.

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

   No. See response above.

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

  No. See response above.

• 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.  See response above.

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

  No. See response above.

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

  No. See response above.

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

  No. See response above.

Veterans' Services, Executive Office of
108 CMR 12.00

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 10.22: Medical Care – Psychiatric Care. The Regulation proposes a change in the existing regulation 108 CMR 10.22. This is required pursuant to Section 72 of an Act Honoring, Empowering, and Recognizing our Servicemembers and Veterans (HERO Act) (Chapter 178 of the Acts of 2024), which changes M.G.L. Chapter 115 Section 2. The existing regulation says we cannot reimburse for mental health treatment, while the HERO Act says that we must.

EOVS will hold this public hearing remotely on Friday, October 25, 2024 at 10:00 AM via Microsoft Teams at the following link: https://teams.microsoft.com/l/meetupjoin/ 19%3ameeting_OTA4MTE1ZTYtZGY4NS00OGQ0LWI3ODItOWQ0MjQ4ZWJhNjM2%40thread. v2/0?context=%7b%22Tid%22%3a%223e861d16-48b7-4a0e-9806- 8c04d81b7b2a%22%2c%22Oid%22%3a%22ce9ffe53-8cfa-4b3b-b55c-9aab7d137205%22%7d

or
Meeting ID: 284 216 415 606
Passcode: T55tbg 

A copy of the proposed Regulations referenced above may be viewed by visiting Notice of Public Hearing Executive Office of Veterans’ Services – 108 CMR 10.22 – Medical Care Regulation – Psychiatric Care | Mass.gov. 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 by 5:00 p.m. on November 8, 2024. Attached please find the accompanying Small Business Impact Statement in accordance with M.G.L. c. 30A, §2.

CMR No.: 108 CMR 10.22: Medical Care – Psychiatric Care
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,

  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.