Notices of Public Hearing (Published 11/24/2023)
Energy Resources, Department of 225 CMR 25.00 - Participation in the Green Communities Program for Municipalities Served by Municipal Light Plants.
Notice is hereby given that the Massachusetts Department of Energy Resources (DOER), acting under statutory authority of Chapter 25A of the General Laws, and in conformance with Chapter 30A of the General Laws, is holding a public hearing on 225 CMR 25.00, Participation in the Green Communities Program for Municipalities Served by Municipal Light Plants. DOER has drafted regulations pursuant to An Act Relative To Municipal Light Plant Participation In Green Communities, signed by the Governor as Chapter 230 of the Acts of 2022 (Act) allowing municipalities served by a municipal light plant that serves multiple municipalities to qualify for DOER’s Green Communities Designation and Grant Program (Green Communities Program) by adopting a renewable energy charge pursuant to the Act.
A public hearing will be conducted to receive verbal and written comments on the proposed regulations.
Location: Virtual Hearing via Zoom - Link
Date: December 18, 2023 from 1:00 to 3:00 PM
Verbal and written testimony will be accepted at the hearing; however, parties are requested to
provide written copies of their testimony.
Written comments will be accepted until 5 pm on
December 18, 2023.
Please submit written comments to Joanne Bissetta, via email, to joanne.bissetta@mass.gov. Copies of the proposed regulations and the registration link may be
obtained from the DOER website www.mass.gov/doer or by contacting Joanne Bissetta at joanne.bissetta@mass.gov.
BY ORDER OF: Elizabeth Mahony, Commissioner Department of Energy Resources
225 CMR 25.00
Small Business Impact Statement
Participation in the program is voluntary at the election of the municipality or municipal lighting plant. DOER expects limited to no impacts on small businesses as a result of this regulation.
-
Will small businesses have to create, file, or issue additional reports?
No. Participation in the program is voluntary at the election of the municipality or municipal lighting plant. DOER expects limited to no impacts on small businesses as a result of this regulation.
-
Will small businesses have to implement additional recordkeeping procedures?
No. See above statement.
Will small businesses have to provide additional administrative oversight?
No. See above statement.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. See above statement.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer,
accountant, engineer, etc.)?No. See above statement.
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 above statement.
Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
No. See above statement.
Do any other regulations duplicate or conflict with the proposed regulation?
No. See above statement.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
No. See above statement.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. See above statement.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. See above statement.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. See above statement.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. See above statement.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. See above statement.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. See above statement.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. See above statement.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. See above statement.
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Gaming Commission, Massachusetts:
205 CMR 238.00 – Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering; Specifically, 205 CMR 238.12: Reserve Requirement
205 CMR 258.00 - Sports Wagering Operator Cessation
NOTICE OF PUBLIC HEARING
Notice is hereby provided that in accordance with G.L. c. 30A § 2, the Massachusetts Gaming Commission (“Commission”) will convene a public hearing for purposes of gathering comments, ideas, and information relative to the proposed adoption of regulations. The regulations were promulgated pursuant to G.L. c. 23N § 4, as part of the Commission’s regulatory process, and concern the following regulations:
205 CMR 238.00: Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering; Specifically, 205 CMR 238.12: Reserve Requirement. This section of 205 CMR 238.00 is being amended to require that Sports Wagering Operators obtain a letter of credit that is proportional to the portion of its reserve amount that is allocated to unpaid wagers. So, if an Operator does cease operations, there is a mechanism by which patrons can receive funds held by an Operator.
205 CMR 258.00: Sports Wagering Operator Cessation. This regulation establishes procedures and requirements by which Sports Wagering Operators may cease operations within the Commonwealth; either by scaling back their products and offerings, or by ceasing business operations altogether.
Scheduled hearing date and time:
Tuesday, December 5, 2023, at 9:30 AM ESTGiven the unprecedented circumstances, Governor Charles Baker issued an order to provide limited relief from certain provisions of the Open Meeting Law to protect the health and safety of the public and individuals interested in attending public meetings during the global Coronavirus pandemic. In keeping with the guidance provided, the Commission will conduct this hearing utilizing remote collaboration technology.
CONFERENCE CALL NUMBER: 1-646-741-5292PARTICIPANT CODE: 111 611 1516
A complete copy of the draft regulations referenced above may be downloaded by visiting www.massgaming.com, clicking on ‘Regulations and Compliance’ and selecting the ‘Proposed Rulemaking’ Section. Anyone wishing to offer comments on these regulations can email Judith.Young@massgaming.gov and request the virtual hearing link to appear and speak. Alternatively, written comments may also be submitted to the same email address with ‘Regulation Comment’ in the subject line.
Comments must be received by 5:00PM EST on December 4, 2023.
Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 attached.
205 CMR 238.12(1) ADDITIONAL UNIFORM STANDARDS OF ACCOUNTING PROCEDURES AND INTERNAL CONTROLS FOR SPORTS WAGERING.
Small Business Impact Statement
This regulation was promulgated as part of the process of promulgating regulations governing sports wagering in the Commonwealth, and is authorized by G.L. c. 23N, §4. This amendment is intended to aid in the potential cessation of sports wagering operations by ensuring that Sports Wagering Operators will be able to satisfy their outstanding debts and obligations prior to ceasing operations.
This regulation is unlikely to have an impact on small businesses as it governs the behavior of Sports Wagering Operators which are not small businesses. Under G.L. c.30A, §2, the Commission offers the following responses to the statutory questions:
-
Estimate of the number of small businesses subject to the proposed regulation:
This regulation is unlikely to have an impact on small businesses.
-
State the projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation:
No. There are no projected reporting, recordkeeping, or other administrative costs required for small businesses to comply with this regulation.
State the appropriateness of performance standards versus design standards:
No. No standards applicable to small businesses are set forth. Provided standards are performance standards.
Identify regulations of the promulgating agency, or of another agency or department of the Commonwealth, which may duplicate or conflict with the proposed regulation:
No. There are no conflicting regulations in 205 CMR, and the Commission is unaware of any conflicting or duplicating regulations of any other agency or department of the Commonwealth.
State whether the proposed regulation is likely to deter or encourage the formation of new businesses in the Commonwealth:
No. This amendment is unlikely to have any impact on the formation of new businesses in the Commonwealth
205 CMR 258 - SPORTS WAGERING OPERATOR CESSATION
Small Business Impact Statement
This regulation is promulgated as part of the process of promulgating regulations governing sports wagering in the Commonwealth, and is authorized by G.L. c. 23N, §4. This
regulation is intended to provide procedures by which sports wagering operator may cease operating in the Commonwealth.
This regulation is unlikely to have an impact on small businesses as it governs the behavior of Sports Wagering Operators which are not small businesses. Under G.L. c.30A, §2,the Commission offers the following responses to the statutory questions:
Estimate of the number of small businesses subject to the proposed regulation:
This regulation is unlikely to have an impact on small businesses.
State the projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation:
There are no projected reporting, recordkeeping, or other administrative costs required for small businesses to comply with this regulation.
State the appropriateness of performance standards versus design standards:
No. No standards applicable to small businesses are set forth. Provided standards are performance standards.
Identify regulations of the promulgating agency, or of another agency or department of the Commonwealth, which may duplicate or conflict with the proposed regulation:
No. There are no conflicting regulations in 205 CMR, and the Commission is unaware of any conflicting or duplicating regulations of any other agency or department of the Commonwealth.
State whether the proposed regulation is likely to deter or encourage the formation of new businesses in the Commonwealth:
No. This amendment is unlikely to have any impact on the formation of new businesses in the Commonwealth
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Health and Human Services, Executive Office of
101 CMR 417.00: Rates for Certain Elder Care Services
Notice of Public Hearing
Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a remote public hearing on Friday, December 1, 2023, at 10:00 a.m. relative to the adoption of amendments to the following regulation.
101 CMR 417.00: Rates for Certain Elder Care Services
The proposed regulation contains rates effective for dates of service on or after January 1, 2024. There is no fiscal impact on cities and towns.
This regulation governs the payment rates for certain elder care services provided to publicly aided individuals by governmental units. These services are purchased by the Executive Office of Elder Affairs (EOEA). Pursuant to M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), EOHHS is required to establish by regulation and biennially review rates to be paid by governmental units to providers of social service programs, which include certain elder care services. In accordance with this requirement, the rates for certain elder care services are being updated to include an increase by a cost adjustment factor (CAF) of 2.71% and to incorporate salary benchmarks derived from the Bureau of Labor Statistics (BLS) median salary, dated May 2022, at the 53rd percentile. The CAF was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Spring 2023 Forecast, optimistic scenario data. The CAF reflects the period between the rates’ base period (calendar year 2023 Q4) and the prospective period of calendar years 2024 and 2025. The tax and fringe rate has been benchmarked to 27.38% and the administrative allocation has been benchmarked to 12%. We have also updated the language for the Severability section to make it consistent across EOHHS rate regulations.
The total projected annualized cost to state government from the increase in rates under the proposed regulation is $27.5 million, which represents an increase of 21.33% over the FY23 spending of approximately $128.3 million. These costs will not be realized until January 1, 2024, at which point the FY24 fiscal impact to state government will be approximately $13.75 million for the increase to existing rates. The increase in spending will be covered through a combination of the Chapter 257 Reserve Account and the purchasing agency’s FY24 budget.
To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-humanservices- public-hearings.
To join the hearing by phone, call 1-646-558-8656 and enter meeting ID: 935 397 8200# when prompted.
You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulationsmass.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 Friday, December 1, 2023. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.
To review the current draft of the proposed regulation, go to www.mass.gov/servicedetails/ 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. To view or download related supporting materials, go to www.mass.gov/servicedetails/ proposed-regulations-supporting-materials.
Special accommodation requests may be directed to the Disability Accommodations
Ombudsman by email at ADAAccommodationsAmass.gov or by phone at
1-617-847-3468
(TTY): 1-617-847-3788 for people who are deaf, hard of hearing, or speech
disabled). Please allow two weeks to schedule sign language interpreters.
EOHHS may adopt a 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.qov/service-details/executiveoffice-of-health-and-human-services-public-hearings.
November 10, 2023
CMR No: 101 CMR 417.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
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. 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.
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 13D, and establishes the specific rates to be paid by governmental units for certain social service 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?
Yes. This regulation requires providers to periodically file cost data. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when purchased by governmental units.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when purchased by governmental units.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates that are reasonable and adequate to meet the costs that are incurred by efficiently and economically operated social service program providers. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates that are reasonable and adequate to meet the costs that are incurred by efficiently and economically operated social service program providers. This time frame for cost reporting is applied uniformly to all providers to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. This regulation does not consolidate or simplify compliance or reporting requirements for small businesses. The proposed amendments update only the rates to be paid by governmental units for certain social service program services, as required by statute.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. The establishment of rates for certain social service program services by this regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
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. The regulation establishes uniform rates to be paid by governmental units to providers of certain social service programs, as required by statute.
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Highways, Department of
720 CMR 9.00: Driving on State Highways
Notice of Public Comment Period and Hearing
Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Massachusetts Department of Transportation, (“MassDOT”) will hold a virtual public hearing on Monday, December 4, 2023 at 10:00 a.m. and accept public comment concerning the following regulatory action:
Rescind 720 CMR 9.00 – Driving on State Highways
Enact 700 CMR 9.00 – Driving on State Highways
The proposed changes will repeal and re-codify an obsolete regulation that was promulgated by the former Massachusetts Highway Department (720 CMR 9.00) and replace it with a MassDOT regulation (700 CMR 9.00) that has updated terminology and processes relating to traffic signalization and highway signage making the language consistent with the Manual on Traffic Control Devices (MUTCD) and 23 CFR 655.603, which will enhance safety for the traveling public on State Highways. The proposed changes also remove redundant sections relating to the transport of hazardous materials in MassDOT tunnels, as this language is already addressed in 700 CMR 7.00. Finally, the amendments also clarify MassDOT’s authority to issue an order suspending the use of a special permit, and / or limiting the time and hours of travel of any vehicle, motor vehicle, including semi-trailers, and tandem units from travel on any of its roadways and routes when required for the purpose of promoting public safety and convenience during periods of commuter and holiday traffic, inclement weather conditions or construction activity, or for other good cause.
MassDOT will hold this hearing remotely on the date and time specified above. To join the hearing, go to: https://us02web.zoom.us/j/86725068657
Individuals who notify MassDOT of their intent to testify during the hearing will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to notify MassDOT of their intention to testify at the hearing by emailing the address below with the subject line “Regulation Hearing Comment – Driving on State Highways.” Written comments will be accepted until 5:00 p.m. on January 4, 2024. A public hearing will be held on December 4, 2023 at 10:00 a.m. Written comments must be submitted by email or postal mail to the following address:
Email: Eileen.Fenton@dot.state.ma.us
Postal Mail:
Eileen Fenton
Managing Counsel
MassDOT
10 Park Plaza, Suite 3510
Boston, Massachusetts 02116
A copy of the above-listed regulations may be obtained by contacting Eileen Fenton at the above address or email address.
MassDOT may adopt a revised version of the proposed action taking into account relevant comments received and any other practical alternatives that come to its attention.
For accommodation or language assistance requests, please contact MassDOT’s Chief Diversity & Civil Rights Officer by phone at (857) 368-8580 (TTD/TTY): 1-857-266-0603 , fax (857) 368 0602 or by email to MassDOT.CivilRights@dot.state.ma.us. Requests should be made as soon as possible, ideally at least five business days before the close of the public hearing.
CMR No: 720 CMR 9.00
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 repeal of 720 CMR 9.00 will not impact small businesses.
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.
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Massachusetts School Building Authority
963 CMR 2.00 - proposed revisions
Massachusetts School Building Authority NOTICE OF PUBLIC HEARINGS AND PUBLIC COMMENT PERIOD
Notice is hereby given that, in accordance with M.G.L. c. 30A, §2, the Massachusetts School Building Authority will hold a series of public hearings and a public comment period to obtain comments in connection with the proposed revisions to the MSBA’s Regulations, 963 CMR 2.00, et seq.
Statutory Authority:
The revisions to the MSBA’s regulations (963 CMR, 2.00 et seq.) will be promulgated pursuant to the rule-making authority conferred to the Authority by M.G.L. c. 70B and St. 2004, c. 208, and in accordance with M.G.L. 30A.
Summary of the Proposed Revisions:
The MSBA’s regulations, 963 CMR 2.00 et seq., set forth the MSBA’s authority and responsibility to achieve the effective planning, management and financial sustainability of a grant program to provide financial assistance for the construction and renovation of municipallyowned school facilities. The regulations set forth the requirements which shall be met, the standards which shall be applied, and the procedures which shall be followed in the application for and the awarding of school building grants by the MSBA.
The MSBA is now proposing revisions to these regulations to accurately reflect how the MSBA’s grant process has evolved, to provide clarity and make the regulations more user friendly, and to make the regulations easier to follow by arranging the sections in chronological order and matching the MSBA modules. The following is a summary of the key revisions to the regulations:
- The revised regulations will proceed from MSBA Module 1 through Module 9 as projects do, making it easier for districts and external stakeholders to understand the process.
- The MSBA added stand-alone sections to the revised regulations such as: Accelerated Repair Program; Construction (Module 7); Post Occupancy Evaluation (Module 9); and Model School Program.
- The MSBA made changes to the regulations to allow for the regulations to stay current year after year by eliminating references to outside standards and codes that periodically change.
- The MSBA clarified terminology used in the regulations and made technical changes to better capture our process and provide increased clarity for stakeholders.
- The MSBA updated the timing in the Statement of Interest section of the regulations to match the timing that the MSBA follows for the Statement of Interest submission period.
- The MSBA updated the incentive points portion of the regulations, removing Construction Manager at Risk and Model School incentive references from this section because the MSBA no longer provides these incentive points.
- The MSBA updated the Green School Program incentive to allow for three incentive points and also included an additional point for Indoor Air Quality.
- The MSBA added greater details about the grant program, where appropriate, such as the addition of the educational profile questionnaire that is required during Eligibility Period.
Public Hearings:
The MSBA will hold a series of public hearings, some of which will be in person and some of
which will be remote. Please see the list below and note that additional hearings will be
scheduled for January 2024. These additional hearings will be noticed separately in an
upcoming publication of the Massachusetts Register and on the MSBA’s website.
Monday, December 4, 2023 - Dalton
11:00 am – 1:00 pm
Wahconah Regional High School
150 Old Windsor Road
Dalton, MA 01226
Tuesday, December 5, 2023 – Lawrence
11:00 am – 1:00 pm
Lawrence Public Library
51 Lawrence Street
Lawrence MA 01841
Wednesday, December 6, 2023 – Dennis Yarmouth
11:00 am – 1:00 pm
Dennis-Yarmouth Intermediate/Middle School
Auditorium - Kenneth T. Jenks Performing Arts Center
286 Station Avenue
South Yarmouth, MA 02664
Thursday, December 7, 2023 – Remote Hearing via Zoom
12:00 pm – 2:00 pm
Those who would like to attend the hearing should contact Anne.Hudson@MassSchoolBuildings.org for the information and instructions to access the meeting. If you prefer or have questions related to accessing the meeting, please call 617-960-3075 . Information to register for and to access the meeting will be available throughout the duration of the meeting.
Monday December 11, 2023 – Rockland
11:00 am – 1:00 pm
Rockland High School, Lecture Hall
52 MacKinlay Way
Rockland, MA 02370
Tuesday December 12, 2023 – Gardner
11:00 am – 1:00 pm
Gardner Public Schools - Central Office
160 Elm Street - Room 210, 2nd Floor
Thursday, December 14, 2023 – Fall River 11:00 am – 1:00 pm
Diman Regional Voc-Tech High School
District Conference Room
251 Stonehaven Road
Fall River, MA 02723
In addition, please see below for information on previously noticed hearings:
Tuesday, November 28, 2023 – Lynn 12:00 pm – 2:00 PM
Lynn City Hall
3 City Hall Square
Lynn, MA 01901
Thursday, November 30, 2023 – Remote Hearing via Zoom 11:00 am – 1:00 pm
Those who would like to attend the hearing should contact Anne.Hudson@MassSchoolBuildings.org for the information and instructions to access the meeting. If you prefer or have questions related to accessing the meeting, please call 617-960-3075 . Information to register for and to access the meeting will be available throughout the duration of the meeting.
Friday, December 1, 2023 - Worcester 11:00 am – 1:00 pm
Worcester Technical High School Multipurpose Room 1 Officer Manny Familia Way Worcester, MA 01605
***Please make sure to check the MSBA’s website for additional information and weatherrelated hearing updates. www.massschoolbuildings.org/regulations***
Public Comment Period:
Written Public Comments will be accepted from November 1, 2023 through January 31, 2024 at 5:00 pm.
Written comments may be submitted via email to Anne.Hudson@MassSchoolBuildings.org, or by mail to:
Anne Hudson – Legal Assistant
Massachusetts School Building Authority
40 Broad Street, Suite 500
Boston, MA 02109
Written comments must be received by 5:00 p.m. on January 31, 2024.
Copy of the proposed regulations:
A copy of the proposed Regulations referenced above may be viewed by visiting www.massschoolbuildings.org/regulations. Those who wish to receive a written copy of the proposed Regulations, may contact Anne at Anne.Hudson@MassSchoolBuildings.org, or by mail at the address above.
Interpretation/Accommodations:
To request written language translation or oral interpretation at the public hearings, please contact Anne.Hudson@MassSchoolBuildings.org. For oral language interpretation, the request must be received at least five (5) business days prior to the public hearing date at which the interpretation is requested. To request other reasonable accommodations, please contact Anne.Hudson@MassSchoolBuildings.org. !
963 CMR 2.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
An estimate of the number of small businesses subjected to the proposed regulation.
To the extent that the MSBA's existing regulations affect small businesses, the MSBA does not anticipate that the proposed revisions will impact any additional or fewer small businesses.
Projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulation;
To the extent that the MSBA's existing regulations impact reporting, recordkeeping and other administrative costs for small businesses required for compliance with the current regulations, the MSBA does not anticipate that the proposed revisions will have any different impact on small businesses in this regard. Any record keeping procedures outlined in the regulations do not alter the applicable requirements ofM.G.L., c. 66.
The appropriateness of performance standards versus design standards; To the extent that the MSBA's existing regulations impact the appropriateness of performance standards versus design standards for small businesses,
No. The MSBA does not anticipate that the proposed revisions will have any different impact on small businesses in this regard.
An identification of regulations of the promulgating agency, or any other state agency, which may duplicate or conflict with the proposed regulation;
No. The MSBA does not expect the revisions to the MSBA's regulations to duplicate or conflict with other regulations.
An analysis of whether the proposed regulation is likely to deter or encourage the formation of new businesses in the state.
No. The MSBA has been an economic driver of the state economy since our inception in 2004. The nature of the proposed revisions to the regulations should not deter or necessarily encourage the formation of new businesses in the state.
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Public Utilities, Department of
220 CMR 99.00: Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention.
NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT
Investigation of the Department of Public Utilities, on its own motion, instituting a rulemaking pursuant to G.L. c. 30A, § 2, and 220 CMR 2.00, to amend 220 CMR 99.00, Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention.
On November 6, 2023, the Department of Public Utilities (“Department”), issued an Order instituting a rulemaking proceeding, pursuant to G.L. c. 30A, § 2, and 220 CMR 2.00, to amend 220 CMR 99.00, “Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention.” The Department has docketed this matter as D.P.U. 23-148.
The Department proposes changes to comply with Section 81, Chapter 8 of the Acts of 2021, An Act Creating a Next‑Generation Roadmap for Massachusetts Climate Policy, as well as changes to comply with existing statutory language. Specifically, the Department proposes changes to ensure consistency between the regulations and the Dig Safe Law, G.L. c. 82, §§ 40 through 40E. The Department will consider other relevant changes to the regulation to promote safety and ensure regulatory compliance. A copy of the Department’s Order Instituting Rulemaking and Proposed Regulations may be viewed on the Department’s website as referenced below.
The Department will conduct a virtual public hearing to receive comments on the rulemaking. The Department will conduct the hearing using Zoom videoconferencing on Wednesday, January 10, 2024, beginning at 2:00 p.m. Attendees can join by entering the link, https://us06web.zoom.us/j/81056776169, from a computer, smartphone, or tablet. For audio only access to the hearings, attendees can dial in at 1 (646) 558-8656 (not toll free) and then enter ID# 810 5677 6169. If you anticipate providing comments during the public hearing, please send an email by Wednesday, January 3, 2024, to Emily.J.Hamrock@mass.gov with your name, email address, and mailing address, or leave a voicemail message by Wednesday, January 3, 2024, at attendees can dial in at (617) 275-6105 with your name, telephone number, and mailing address.
Any person interested in commenting may also submit written comments to the Department no later than 5:00 p.m. on Wednesday, January 3, 2024. Written reply comments must be filed no later than 5:00 p.m. on Wednesday, January 17, 2024. Written comments and reply comments shall be limited to a maximum of ten one-sided, double-spaced, typewritten pages.
All documents must be submitted to the Department in .pdf format by e-mail attachment to dpu.efiling@mass.gov and Emily.J.Hamrock@mass.gov. The text of the e-mail must specify: (1) the docket number of the proceeding (D.P.U. 23-148); (2) the name of the person or company submitting the filing; and (3) a brief descriptive title of the document. All documents submitted in electronic format will be posted on the Department’s website through our online File Room as soon as practicable (enter “23-148”) at: https://eeaonline.eea.state.ma.us/DPU/Fileroom/dockets/bynumber.
Please note that in the interest of transparency any comments will be posted to our website as received and without redacting personal information, such as addresses, telephone numbers, or email addresses. As such, consider the extent of information you wish to share when submitting comments. The Department strongly encourages public comments to be submitted by email. If, however, a member of the public is unable to send written comments by email, a paper copy may be sent to:
Mark D. Marini
Secretary
Department of Public Utilities
One South Station
Boston, Massachusetts, 02110.
All documents, pleadings, or filings submitted to or issued by the Department will be available on the Department’s website as referenced above as soon as practicable. To the extent a person or entity wishes to submit comments in accordance with this Notice, electronic submission, as detailed above, is sufficient. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), contact the Department’s ADA coordinator at Gabriella.Knight@mass.gov. For further information regarding this notice, please contact Emily Hamrock, Hearing Officer, Department of Public Utilities, at Emily.J.Hamrock@mass.gov.
220 CMR 99.00: Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention
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 20 small business utility companies impacted by the regulations. Small business excavators are also impacted by the regulations.
Will small businesses have to create, file, or issue additional reports?
No. The amendment to 220 CMR 99.00 does not require small businesses to create, file, or issue additional reports.
Will small businesses have to implement additional recordkeeping procedures?
No
Will small businesses have to provide additional administrative oversight?
No. Most likely small businesses will not have to provide additional administrative oversight to comply with the amendment to 220 CMR 99.00.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. Most likely small businesses will not have to hire additional employees to comply with the amendment to 220 CMR 99.00.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
Most likely small businesses will not have to hire other professionals to comply with the amendment to 220 CMR 99.00.
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. Small businesses must comply with the regulatory enforcement procedures of 220 CMR 99.00.
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. Qualification requirements for licensure of AMCs are linked to federal regulations which must be followed in all cases, thus different compliance requirements for smaller businesses would not be possible.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. Education and work experience requirements for licensure are linked to federal appraisal guidelines which must be followed in all cases, thus different schedules or deadlines for compliance or reporting requirements would not be possible.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. This section is a new section of regulations, thus it does not reduce requirements for any sector of the industry.
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.
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Revenue, Department of
830 CMR 64H.00: Massachusetts sales and use tax collection requirements that apply to out-of-state remote retailers and marketplace facilitators.
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/83893749055?pwd=dTEyd21ySVFBUk9iSGF5Q2xhbDFV UT09
Meeting ID: 838 9374 9055
Passcode: 022978
Dial by your location+1 309 205 3325
Find your local number: https://us02web.zoom.us/u/kcqirTS8Hk
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 64H.1.9: Remote Retailers and Marketplace Facilitators
Scheduled Hearing Date: Tuesday, December 19, 2023 at 11:00 a.m.
Subject Matter:
830 CMR 64H.1.9 explains the Massachusetts sales and use tax collection requirements that apply to out-of-state remote retailers and marketplace facilitators. Section (4) has been amended to exclude from the marketplace facilitator requirements a person that facilitates (a) sales of marijuana or marijuana products on behalf of marijuana retailers or (b) rentals of motor vehicles. It also provides that where a person that facilitates the rental of motor vehicles is a marketplace facilitator, such person must collect any applicable vehicular rental transaction contract surcharges. Lastly, Section (7) has been amended to reflect recent changes in the due dates for the filing of sales tax returns and the payment of tax, including the advance payment requirements in 830 CMR 62C.16B.1.
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 18, 2023.
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 19, 2023.
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: https://www.mass.gov/service-details/proposed-regulations-dor.
830 CMR 64H.1.9
Small Business Impact Statement
Small Business Impact Statement pursuant to G.L. c. 30A, §§ 2 and 3
830 CMR 64H.1.9 explains the Massachusetts sales and use tax collection requirements that apply to out-of-state remote retailers and marketplace facilitators. There are no current small businesses 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 the Department. The Department 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.
Will small businesses have to create, file, or issue additional reports?
No.
Will small businesses have to implement additional recordkeeping procedures?
No.
Will small businesses have to provide additional administrative oversight?
No.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No.
Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
No.
Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
No.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No.
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.
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Transportation, Department of
Rescind 720 CMR 9.00 – Driving on State Highways
Enact 700 CMR 9.00 – Driving on State Highways
Notice of Public Comment Period and Hearing
Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Massachusetts Department of Transportation, (“MassDOT”) will hold a virtual public hearing on Monday, December 4, 2023 at 10:00 a.m. and accept public comment concerning the following regulatory action:
Rescind 720 CMR 9.00 – Driving on State Highways
Enact 700 CMR 9.00 – Driving on State Highways
The proposed changes will repeal and re-codify an obsolete regulation that was promulgated by the former Massachusetts Highway Department (720 CMR 9.00) and replace it with a MassDOT regulation (700 CMR 9.00) that has updated terminology and processes relating to traffic signalization and highway signage making the language consistent with the Manual on Traffic Control Devices (MUTCD) and 23 CFR 655.603, which will enhance safety for the traveling public on State Highways. The proposed changes also remove redundant sections relating to the transport of hazardous materials in MassDOT tunnels, as this language is already addressed in 700 CMR 7.00. Finally, the amendments also clarify MassDOT’s authority to issue an order suspending the use of a special permit, and / or limiting the time and hours of travel of any vehicle, motor vehicle, including semi-trailers, and tandem units from travel on any of its roadways and routes when required for the purpose of promoting public safety and convenience during periods of commuter and holiday traffic, inclement weather conditions or construction activity, or for other good cause.
MassDOT will hold this hearing remotely on the date and time specified above. To join the hearing, go to: https://us02web.zoom.us/j/86725068657
Individuals who notify MassDOT of their intent to testify during the hearing will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to notify MassDOT of their intention to testify at the hearing by emailing the address below with the subject line “Regulation Hearing Comment – Driving on State Highways.” Written comments will be accepted until 5:00 p.m. on January 4, 2024. A public hearing will be held on December 4, 2023 at 10:00 a.m. Written comments must be submitted by email or postal mail to the following address:
Email: Eileen.Fenton@dot.state.ma.us
Postal Mail:
Eileen Fenton
Managing Counsel
MassDOT
10 Park Plaza, Suite 3510
Boston, Massachusetts 02116
A copy of the above-listed regulations may be obtained by contacting Eileen Fenton at the above address or email address.
MassDOT may adopt a revised version of the proposed action taking into account relevant comments received and any other practical alternatives that come to its attention. For accommodation or language assistance requests, please contact MassDOT’s Chief Diversity & Civil Rights Officer by phone at attendees can dial in at (857) 368-8580 , TTD/TTY at attendees can dial in at (857) 266-0603 , fax (857) 368 0602 or by email to MassDOT.CivilRights@dot.state.ma.us. Requests should be made as soon as possible, ideally at least five business days before the close of the public hearing.
CMR No: 700 CMR 9.00
Small Business Impact Statement
Small Business Impact Statement pursuant to G.L. c. 30A, §§ 2 and 3
Estimate of the Number of Small Businesses Impacted by the Regulation:
0
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.)
Neiither
Do any other regulations duplicate or conflict with the proposed regulation?
Yes. Duplicate, obsolete regulation 720 CMR 9.00 is being repealed concurrently.
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 provide for less stringent compliance or reporting requirements for small businesses?
No.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No.