Notices of Public Hearing (Published 12/22/2023)

Correction, Department of: 103 CMR 405.00: Fund Accounts

NOTICE OF PUBLIC HEARING TO BE HELD VIRTUALLY AT 10:00 A.M. ON FRIDAY, JANUARY 5, 2024

Notice is hereby given that, pursuant to M.G.L. c. 30A, §2, the Department of Correction will hold a public hearing on proposed amendments to the following regulation:

103 CMR 405: Fund Accounts

This hearing is being held in connection with proposed amendments to 103 CMR 405.00 including, but not limited to, the receipt of funds procedures, disbursement of funds procedures, new definitions, and other changes necessary to update the regulation and ensure the regulation reflects current Department practices.

The public hearing on this regulation shall be held virtually at 10:00 a.m. on Friday, January 5, 2024.

Zoom call in and video access information:
Webinar ID 821 3091 1782
Passcode 333733
Dial in Telephone number: 1 301 715 8592

All interested parties are encouraged to submit written comments relating to 103 CMR 405 to Michele Dupuis-Clarke, Program Coordinator III, Department of Correction, 70 Franklin Street, Suite 600, Boston, MA 02110. All comments submitted to the Department will be posted on the Department's website and released in response to a request for public records. All written testimony and comments must be submitted by 5:00 p.m. on Friday, January 5, 2024, in order to be taken under advisement. 

Copies of the proposed regulations are available for review in each institution’s law library.

103 CMR 405.00
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:

  -

• 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. (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.)

• 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?

  Yes.

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

  No. See above statement.

Environmental Protection, Department of:
310 CMR 9.00 – Proposed Regulatory Amendments
310 CMR 10.00 – Proposed Regulatory Amendments

310 CMR 9.00 - PUBLIC HEARING NOTICE

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

Notice is hereby given that the Massachusetts Department of Environmental Protection (MassDEP), under its authority pursuant to Pursuant to M.G.L. c. 91, § 18, will hold two public hearing in accordance with M.G.L. Chapter 30A on proposed regulatory amendments to 310 CMR 9.00 The Massachusetts Waterways Regulation. These amendments would require license and permit applications filed pursuant to M.G.L. c. 91 and 310 CMR 9.00 to consider the effects of climate change in certain respects. The proposed revisions are consistent with proposed revisions to the Massachusetts Wetland Regulations at 310 CMR 10.00.

The proposed regulatory text and a background document are available with a copy of this Public Hearing Notice on MassDEP’s website at: https://www.mass.gov/service‐details/massdep‐publichearings‐ comment‐opportunities

MassDEP will hold two virtual public hearings via Zoom at the following dates and times to receive comments on the proposed changes. Advance registration is required; after registering, you will receive a confirmation email with the information needed to join the meeting from your computer, tablet, or smartphone or to dial in using your phone.

Please use this link to register in advance for this hearing: https://us06web.zoom.us/meeting/register/tZUkcOitqj4tE9Wbznc5DgvLRdxyrORYrAIn

Please use this link to register in advance for this hearing: https://us06web.zoom.us/meeting/register/tZcrceiuqDkrEtBLWHRN2EvTYptCgWZ1dqfp

Testimony may be presented orally at the public hearing. Written comments will be accepted through 5:00pm on March 1, 2024. The Department encourages electronic submission by email to dep.waterways@mass.gov and must include Waterways Resilience Comments in the subject line.
In lieu of electronic submittal, paper comments may be mailed to:
Daniel Padien
Attn: Waterways Resilience Comments
MassDEP‐BWR, 100 Cambridge Street, Suite 900
Boston, MA 02114.

For special accommodations for these hearings, please call the MassDEP Diversity Office at 617‐292‐5751. TTY# MassRelay Service 1‐800‐439‐2370. This information is available in alternate format upon request. MassDEP provides language access interpreter/translation services to limited English proficient individuals free of charge.
If you need an interpreter to participate in this meeting, translation services can be found at the following link: https://www.mass.gov/info‐details/massdep‐language‐translation-assistance.

By Order of the Department of Environmental Protection Bonnie Heiple, Commissioner 

Gaming Commission, Massachusetts: 205 CMR 15.00 & 152.00

Notice of Public Hearing

Notice is hereby provided that in accordance with M.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 M.G.L. c. 23N § 4, as part of the Commission’s regulatory process, and concern the following regulations:

205 CMR 15.00: Racing Meeting Licensing.

The proposed regulation would govern applications for racing meeting licenses under M.G.L. c. 128A. The regulations sections establish procedures for: the application’s requirements, the Commission’s evaluation of the application and its decision, the suitability of new and existing licensees and potential qualifiers, additional information and reporting requirements, and the withdrawal of an application. Additional sections have been reserved for future rulemaking.

205 CMR 152.00: Individuals Excluded from Gaming and Sports Wagering.

This regulation has been amended by the Commission to include reference to court ordered exclusion from gaming establishments as established within M.G.L. c. 3K, § 45(i). 

Scheduled hearing date and time:

Tuesday, January 9, 2024, at 9:30 AM EST

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

CONFERENCE CALL NUMBER: 1-646-741-5292
PARTICIPANT CODE: 111 735 1399

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 5:00 PM EST on January 8, 2024.
Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 attached.

205 CMR 15.00: Racing Meeting Licensing
Small Business Impact Statement

The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with M.G.L. c. 30A, § 2, relative to the proposed adoption of 205 CMR 15.00: RACING MEETING LICENSING.

This regulation is being promulgated as part of the process of updating regulations governing live racing in the Commonwealth. It sets forth the application and suitability review process for racing meeting licenses.

The proposed 205 CMR 15.00 applies to prospective and current race track operators and the Commission. Accordingly, this regulation is unlikely to have an impact on small businesses. Under M.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:

  Small business are unlikely to be subject to this regulation.

• 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. This regulation governs prospective and current race track operators, none of which will be or are small businesses.

• State the appropriateness of performance standards versus design standards:

  The standards set forth are compliance requirements, akin to performance standards.

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

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

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

  This regulation, which clarifies the Commission’s application review process for race track operators, will support the formation of small businesses supporting race track operations in the Commonwealth.

205 CMR 152.00: Individuals Excluded From A Gaming Establishment
Small Business Impact Statement

The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2, relative to the proposed amendment of 205 CMR 152.00: INDIVIDUALS EXCLUDED FROM A GAMING ESTABLISHMENT. 

 This regulation is being promulgated as part of the process of promulgating regulations governing gaming in the Commonwealth, and is primarily governed by G.L. c. 23K, §§ 4(28), 4(37), and 45. It provides for the establishment and maintenance of a list, and associated protocols and procedures, for exclusion of individuals from gaming, including court-ordered exclusion of individuals. 

 The proposed amendments to 205 CMR 152.00 apply to gaming licensees, district courts, and individuals involved. None of these entities or individuals are small businesses. Accordingly, this regulation is unlikely to have an impact on small businesses. Under M.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 because none of the impacted entities or individuals are small businesses.

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

  The proposed regulation is an amendment to an existing regulation that has already been implemented by the gaming licensees and is required by statute. Accordingly, this regulation amendment does not propose any new projected reporting, recordkeeping, or other administrative costs required to comply with this regulation.

• State the appropriateness of performance standards versus design standards:

  This is an amendment to an existing regulation that does not pose a burden on small businesses. This is a performance standard and it is appropriate in this case because we need to ensure uniformity of the process and that the Commission has all the information it needs to complete the process.

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

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

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

  The underlying regulation amendment is based on a statutory requirement. It is unlikely to have any specific effect on the formation of new businesses in the Commonwealth.

Health and Human Services, Executive office of
101 CMR 346.00: Rates for Certain Substance-Related and Addictive Disorders Programs

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, January 5, 2024, at 10:00 a.m. relative to the emergency adoption of amendments to the following regulation.

101 CMR 346.00: Rates for Certain Substance-Related and Addictive Disorders Programs 

This regulation will go into effect as an emergency on January 1, 2024. There is no fiscal impact on cities and towns.

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 the rates to be paid by governmental units to providers of social service programs and health care services. In accordance with this statutory requirement, the proposed amendments to 101 CMR 346.00 update the rates to be paid by governmental units for clinically managed detoxification services and medically monitored inpatient detoxification services by the addition of a “publicly assisted client mix factor” of 1.10 for a “tier 1 rate” and 1.15 for a “tier 2 rate.” EOHHS intends to establish the tiered rate details by administrative bulletin in the following manner: the tier 1 rate applies to providers of these services with a publicly assisted client mix of at least 50% but less than 75%, and the tier 2 rate applies to providers of these services with a publicly assisted client mix of 75% or higher.

The proposed amendments to these rates will result in an overall annualized increase in state spending of approximately $1.4 million over FY23 spending of $51.5 million, which includes an annualized increase in spending of approximately $723,786 for MassHealth and approximately $703,011 for DPH. The increase in spending in FY24 will be covered by the DPH and MassHealth FY24 operating budgets.

The proposed emergency regulation contains rates effective for dates of service provided on or after January 1, 2024.

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 (646) 558-8656 and enter meeting ID 935 397 8200# when prompted. 

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to:
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171
Written testimony will be accepted through 5:00 p.m. on Friday, January 5, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.

To review the emergency regulation, go to www.mass.gov/service-details/executiveoffice- 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/service-details/proposedregulations- supporting-materials.

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 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.
December 11, 2023

CMR No: 101 CMR 346.00
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:

  96

• 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 13D, and establishes the rates to be paid by governmental units to providers of 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. The regulation requires providers to periodically file cost data to enable EOHHS to develop rates for certain social service programs. 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 services are 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 services are 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 for certain social services. 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 for certain social services. The 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. The agency did not consolidate or simplify compliance or reporting requirements for small businesses. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.

• 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 providers by 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 rates by which certain social service providers are to be paid when services are purchased by governmental units. The establishment of rates for these social services by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.

Medical Assistance, Division of
130 CMR 408.000: Adult Foster Care

NOTICE OF PUBLIC HEARING

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 Friday, January 5, 2024, at 11:00 a.m. relative to the adoption of amendments to the following regulation.

130 CMR 408.000: Adult Foster Care
The proposed changes to the program regulations at 130 CMR 408.000 include:

• The addition of a caregiver stipend floor requirement as part of adult foster care (AFC) provider eligibility;
• The revision of the requirement for AFC and group AFC staff to obtain a preemployment and ongoing physical examination and tuberculosis screenings to be restricted only to the AFC caregiver and GAFC direct care aide plus the registered nurse, licensed practical nurse, care manager, and AFC community support specialist.
• Technical and clarification edits.

These amendments are intended to be effective no earlier than April 12, 2024. 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/service-details/masshealth-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted. 

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to masshealthpublicnotice@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any.
Individuals who are unable to submit testimony by email should mail written testimony to:
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171
Written testimony will be accepted through 5:00 p.m. on Friday, January 5, 2023. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.

To review the current draft of the proposed regulation, go to www.mass.gov/servicedetails/ masshealth-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

The Division may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/masshealthpublic- hearings.

December 15, 2023 

CMR No: 130 CMR 408.000: Adult Foster 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:

  134 Adult Foster Care Providers and 135 Group Adult Foster Care Providers

• 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 purpose of the regulation is to establish MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care/group adult foster care 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.  This regulation does require small businesses to cooperate with audits, inspections or other regulatory enforcement activities. This requirement is applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

• 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 the formation of small businesses in Massachusetts as this regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care/group adult foster care services.

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

  No. The regulation is not likely to encourage the formation of small businesses in Massachusetts as this regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care/group adult foster care services.

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

  N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care/group adult foster care services. Any compliance and reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

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

  N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care service/group adult foster care services. Any schedules or deadlines for compliance or reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

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

  N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care service/group adult foster care services. Compliance and reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

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

  N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care/group adult foster care services.

• 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 MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care/group adult foster care services. This regulation is applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

Revenue, Department of: 830 CMR 62.00

NOTICE OF PUBLIC HEARING

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

Join Zoom Meeting: https://us02web.zoom.us/j/85979410805? pwd=VHRySlZmQzJLSDFoZXBmNC95aHN0dz09
Meeting ID: 859 7941 0805
Passcode: 963250
Dial by your location +1 309 205 3325 US

Find your local number: https://us02web.zoom.us/u/kdSpWDRVXT

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 62C.16B.1: Advance Payments of Sales and Use Tax and Room Occupancy Excise

Scheduled Hearing Date: Thursday, January 18, 2024, at 11:00 a.m.

Subject Matter: 830 CMR 62C.16B.1 explains the procedures prescribed by the Commissioner, pursuant to M.G.L. c. 62C, § 16B, for the advance payment of sales and use tax liabilities imposed by M.G.L. c. 64H and M.G.L. c. 64I, including marijuana retail taxes, the room occupancy excise imposed by M.G.L. c. 64G, and the local sales tax on meals imposed by M.G.L. c. 64L filed under M.G.L. c. 62C, § 16(g) and (h). A regulation pertaining to the same subject matter was previously proposed on 11/23/2021. This proposed regulation revises the prior proposed regulation to take into account subsequent legislative changes that provide taxpayers expanded protection from the imposition of penalties for underpayments. In addition, this regulation revises the examples provided in the prior proposed regulation.

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 January 17, 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 January 18, 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/legal-library/regulations/proposedregulations.html. 

830 CMR 62C.16B.1:  Advance Payments of Sales and Use Tax and Room Occupancy Excise
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2 and  )

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

  The Department of Revenue (“DOR”) estimates up to 150,000 small businesses may be impacted by this proposed regulation.

• 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.

State Lottery Commission: 961 CMR 2.00

NOTICE OF PUBLIC HEARING

Notice is hereby provided that in accordance with M.G.L. c. 30A, §2, the Massachusetts State Lottery Commission will hold a public hearing for purposes of gathering comments relative to proposed amendments to 961 CMR 2.00: Rules and Regulations. The amendments are authorized by M.G.L. c. 10, §24.

The amendments change the game name of Megabucks Doubler to Megabucks and include administrative updates. These regulations are governed by M.G.L. c. 10, §24 and M.G.L. c. 30A.

The Massachusetts State Lottery Commission will hold this public hearing remotely on Thursday, January 11, 2024, at 10:00 a.m.
To participate in the remote public hearing by telephone, call:  1-(972) 301-8269 and enter conference ID number 817481790# when prompted.

A copy of the proposed amendments referenced above may be downloaded by visiting www.masslottery.com. Anyone wishing to offer comments may participate in the remote public hearing at the designated date and time above or submit written comments. Those who wish to receive a written copy of the proposed amendments, or to submit written comments, may do so by sending an email to cporche@masslottery.com, or by mail to Cecelia Porche, Massachusetts State Lottery Commission, 150 Mount Vernon Street, Dorchester, MA 02125. Written comments must be received by 4:00 p.m. on January 12, 2024.

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

830 CMR 64H.1.9
Small Business Impact Statement

In accordance with M.G.L. c. 30A, §2.

The Massachusetts State Lottery Commission (“Commission”) hereby files this small business impact statement in accordance with G.L. c.30A, §2 relative to the proposed amendments in 961 CMR 2.00: Rules and Regulations; notice of which was filed this day with the Secretary of the Commonwealth. The amendments change the game name of Megabucks Doubler to Megabucks and include administrative updates. These regulations are governed by M.G.L. c. 10, §24. In accordance with G.L. c.30A, §2, the Commission offers the following responses:

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

  There are approximately 7000 licensed Lottery agents, approximately 5750 of whom would be considered a small business. These amendments change a game name and include administrative updates. There is minimal to no impact caused by these regulations as agents will conduct ongoing Lottery business.

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

  There are no projected additional reporting, recordkeeping or administrative costs created by these regulations that would affect small businesses. Lottery agents will conduct ongoing Lottery business.

• State the appropriateness of performance standards versus design standards:

  These regulations do not implicate a design or performance standard that would affect small businesses. Lottery agents will conduct ongoing Lottery business.

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

  The Commission is not aware of duplicate or conflicting regulations.

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

  These regulations are not likely to deter or encourage the formation of new businesses in the Commonwealth.

Water Pollution Control, Division of
314 CMR 9.00 - Proposed amendments to  regulations at 310 CMR 10.00, Wetlands Protection

Notice of Public Hearing

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

Notice is hereby given that the Department of Environmental Protection (MassDEP), under its authority pursuant to M.G.L. c. 131, § 40, is proposing amendments to its regulations at 310 CMR 10.00, Wetlands Protection, and under its authority pursuant to M.G.L. c. 21, §§ 26 - 53, is proposing amendments to its regulations at 314 CMR 9.00: 401 Water Quality Certification for Discharges of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth. MassDEP is proposing these amendments to accomplish key climate resilience and environmental goals including updates related to precipitation estimates and stormwater management, and new provisions for Land Subject to Coastal Storm Flowage (LSCSF).

The proposed regulatory text and a notice to reviewers are available with a copy of this Public Hearing Notice on MassDEP’s website at: https://www.mass.gov/service-details/massdep-public-hearings-comment-opportunities

MassDEP will hold three virtual public hearings under the provisions of M.G.L. c. 30A on the following dates to receive comments on the proposed changes. The hearings will be conducted virtually via Zoom and advance registration is required.
After registering, you will receive a confirmation email with the information needed to join the meeting from your computer, tablet, or smartphone or to dial in using your phone.

Wednesday, January 31, 2024 at 1:00 PM
Please use this link to register in advance for this hearing: https://us06web.zoom.us/meeting/register/tZMvcuirqDwvGdRitIoQan70koiTgaA_Pt9_

Wednesday, January 31, 2024 at 6:00 PM
Please use this link to register in advance for this hearing:
https://us06web.zoom.us/meeting/register/tZYkduuqpjovHdAzJ539pqn-lQalZ9izohxA

Thursday, February 1, 2024 at 1:00 PM
Please use this link to register in advance for this hearing: https://us06web.zoom.us/meeting/register/tZwodOyhpzgsEtR570Cs_gN9GvnyvvNLsfpw

Testimony may be presented orally at the public hearing. Written comments will be accepted through 5:00pm on March 1, 2024. The Department encourages electronic submission by email to dep.wetlands@mass.gov and must include Wetlands-401 Resilience Comments in the subject line.
In lieu of electronic submittal, paper comments may be mailed to:
Lisa Rhodes
Attn: Wetlands-401 Resilience Comments,  MassDEP – BWR
100 Cambridge Street, Suite 900
Boston, MA 02114.

For special accommodations for these hearings, please call the MassDEP Diversity Office at 617-292-5751. TTY# MassRelay Service 1-800-439-2370. This information is available in alternate format upon request. MassDEP provides language access interpreter/translation services to limited English proficient individuals free of charge. If you need an interpreter to participate in this meeting, translation services can be found at the following link: https://www.mass.gov/info-details/massdep-language-translation-assistance.

By Order of the Department of Environmental Protection Bonnie Heiple, Commissioner

CMR No: 314 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:

  500 (estimated number of businesses proposing work in resource areas annually).

• 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.)

  Yes. The proposed regulations include flexibility to achieve objectives by relying extensively on performance standards for stormwater design and the conditioning of activities in Land Subject to Coastal Storm Flowage (LSCSF).

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

  No. The stormwater standards of the wetlands regulations are proposed to align with the EPA MS4 General Permit to the extent possible. The Massachusetts State Building Code contains standards for building materials and construction, which do not duplicate or conflict with the proposed LSCSF regulations governing siting and performance standards to protect resource areas.

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

  No. The proposed regulations do not add any new requirements in this regard. MassDEP has always had the ability to perform inspections to ensure compliance with permit conditions and may conduct enforcement as needed.

• 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?

  Yes. The regulations are written as performance standards. For projects proposed in wetland resource areas, the use of performance standards has proven to work best for applicants, including small businesses. Conservation commissions and MassDEP have found the use of performance standards to be efficient and effective for program implementation.

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

  No. MassDEP’s proposal does not include alternative methods to minimize impacts to small businesses. However, all affected businesses could benefit from the potential cost-savings achieved through the implementation of environmentally sensitive site design. Also, businesses will benefit from reduced costs due to reduction in costs associated with water pollution, flooding, and storm damage.