Notices of Public Hearing (Published 8/29/2025)

Department of Environmental Protection
310 CMR 7.00

310 CMR 7.00

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

The Massachusetts Department of Environmental Protection (MassDEP), pursuant to M.G.L. c. 21A, §§ 2 and 8, M.G.L. c. 111, §§ 2C, and 142A through 142D, is proposing to amend 310 CMR 7.00 Appendix C Operating Permit and Compliance Program to remove the “emergency” affirmative defense provisions, as required by the U.S. Environmental Protection Agency (EPA). MassDEP will submit final amendments to EPA for approval into MassDEP’s Operating Permit State Plan. In accordance with M.G.L. c. 30A, MassDEP will hold a public hearing on the proposed amendments online and via telephone:

Tuesday September 30, 2025 at 10:00 a.m. (EDT)

Register in advance for this hearing: https://us06web.zoom.us/meeting/register/GggBpJlQTmiWfRynrbidqQ

Tuesday September 30, 2025 at 6:00 p.m. (EDT)
Register in advance for this hearing: https://us06web.zoom.us/meeting/register/Fn7tC0BCQC6hGN8wit_xsg

The proposed amendments and background information are available on MassDEP’s web site at https://www.mass.gov/service-details/massdep-public-hearings-comment-opportunities. 

Please join the public hearing from your computer, tablet, or smartphone. You can also dial in using your phone. Testimony may be presented orally at the public hearing, or written comments may be submitted until 5:00 PM on Friday, October 10, 2025.
Written comments must be submitted by email to Laura Warren at Laura.L.Warren@mass.gov or by mail to:
Laura Warren
MassDEP
100 Cambridge Street
Boston, MA 02114.

For special accommodations for these hearings, please call the EEA Diversity Office at 617-626-1282.
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. 

CMR No: 310 CMR 7.00
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:

  Less than 100

• 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.

Massachusetts Gaming Commission
205 CMR 3.00, 239.00 & 248.00

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. chs. 23N, § 4, 23K, §7, and 128A, § 9, as part of the Commission’s regulatory process, and concern the following regulations:

205 CMR 248.00: Sports Wagering Account Management, specifically 205 CMR 248.12: Account Withdrawals

Sections within this regulation are being amended by the Commission to provide additional guidelines to sports wagering operators regarding withdrawals from sports wagering accounts.

205 CMR 239.00: Continuing Disclosure and Reporting Obligations of Sports Wagering Licensees, specifically 205 CMR 239.07: Audit of Operator Operations by Commission

Sections within this regulation are being amended by the Commission to allow the Commission discretion in the auditing of sports wagering operators.

205 CMR 3.00: Harness Horse Racing specifically 205 CMR 3.11: General Rules and 205 CMR 3.14: Licenses, Registrations and Fees for Participants in Racing

Sections within this regulation are being amended by the Commission to clarify language regarding standards of conduct.

Scheduled hearing date and time: Tuesday, September 9, 2025, 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: 112 384 6557

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 can email Autumn.Birarelli@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 September 8, 2025.
Additionally, please find the Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 attached.  

CMR No: 205 CMR 3.00, 239.00 & 248.00
Small Business Impact Statement

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

The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2 relative to the proposed amendments to 205 CMR 3.00 Harness Horse Racing. Specifically, the following sections: 205 CMR 3.13(13): General Rules and 205 CMR 3.14: Licenses, Registrations and Fees for Participants in Racing, notice of which was filed with the Secretary of the Commonwealth. These amendments were developed as part of the process of promulgating regulations governing harness horse racing in the Commonwealth. This regulation is authorized by G.L. c. 128A, §§ 9 and 9B.

These amendments apply directly to harness horse licensees conducting or participating in racing in the Commonwealth. Accordingly, these proposed regulations are not likely to have a negative impact on small businesses. In accordance with G.L. c. 30A, § 2, the Commission offers the following responses:

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

  To the extent that horsemen and barns are small businesses, they may be marginally impacted by these regulations. However, the Commission does not anticipate that the proposed amendments would impact a greater number of small businesses than the previous amendment.

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

  Projected reporting, recordkeeping and other administrative costs are unlikely to change in any material way for compliance with the proposed amendments.

• State the appropriateness of performance standards versus design standards:

  Some of the proposed regulations are performance standards, so as to provide further clarification regarding the responsibilities and prohibitions of anyone licensed by the Massachusetts Gaming Commission to conduct or participate in Harness Horse Racing in the Commonwealth of Massachusetts. Accordingly, performance-based standards were most appropriate here.

• 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:

  These amendments are unlikely to deter or encourage the formation of new businesses in the Commonwealth at this time.

CMR No: 205 CMR 239.07: Audit of Operator Operations by Commission.
Small Business Impact Statement

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

The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2, relative to the proposed amendments to 205 CMR 239 Continuing disclosure and reporting obligations of sports wagering licensees, specifically 205 CMR 239.07: Audit of Operator Operations by Commission.

These regulations were promulgated as part of the process of promulgating regulations governing sports wagering in the Commonwealth, and are authorized by G.L. c. 23N, §4. These regulations govern the auditing authority of the Commission over its licensees. 

These regulations are unlikely to have an impact on small businesses as they govern the behavior of Sports Wagering Operators who 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 Impacted by the Regulation:

  These regulations are 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 these regulations.

• State the appropriateness of performance standards versus design standards:

  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:

  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:

  These amendments are unlikely to have any impact on the formation of new businesses in the Commonwealth.

CMR No: 205 CMR 248.12, Sports Wagering Account Management.
Small Business Impact Statement

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

The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2, relative to the proposed adoption of 205 CMR 248.12, Sports Wagering Account Management. 

This regulation is being promulgated as part of the process of updating regulations governing adjudicatory hearings before the Massachusetts Gaming Commission. It sets forth the requirements for adjudicatory proceedings for new qualifiers.

The proposed 205 CMR 248.12 applies to entities licensed by the Commission under G.L. c. 23N. Accordingly, this regulation is unlikely to have an impact on 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 Impacted by the Regulation:

  Small businesses 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.

• State the appropriateness of performance standards versus design standards:

  The standards set forth are design 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 amendment is unlikely to have any impact on the formation of new businesses in the Commonwealth.

Executive Office of Health and Human Services
101 CMR 355.00

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 Wednesday, September 10, 2025, at 1:00 p.m., on the adoption of amendments to the following regulation.

101 CMR 355.00: Rates for Freestanding Birth Center Services

Regulation 101 CMR 355.00 governs rates of payment used by state governmental units for freestanding birth center services. Pursuant to M.G.L. Chapter 118E, Section 13D, EOHHS is required to establish and periodically review the rates to be paid by governmental units to providers of non-institutional healthcare services, including freestanding birth center services provided under the MassHealth program.

EOHHS proposes to update the effective date of the existing regulation to February 1, 2026, and to maintain all current freestanding birth center (FBC) rates at the existing levels, because the sole MassHealth-enrolled FBC provider has been unable to realize the benefits of the last rate increases, effective January 5, 2024. This is due to both billing challenges and the limited provision of these services on a fee-for-service basis, since the bulk of the provider’s business is through managed care entities. 

The proposed amendments contain rates effective for dates of service on or after February 1, 2026. They also update outdated citations; update terminology; enhance consistency with other EOHHS regulations; and otherwise increase clarity.

EOHHS is proposing these changes, subject to federal approval, to ensure that payments are consistent with efficiency, economy, and quality of care and satisfy the requirements of M.G.L. 118E, Sections 13C and 13D. There is no fiscal impact on annual aggregate MassHealth expenditures as a result of the proposed amendments. There is no fiscal impact on cities and towns. The proposed amendments are not expected to impose new costs on small businesses, and any impact on small businesses will vary based on the volume of services provided.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/info-details/executive-office-of-health-and-human-services-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. September 10, 2025. 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/info-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171. 

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

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

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/info-details/executive-office-of-health-and-human-services-public-hearings.

August 15, 2025  

CMR No: 101 CMR 355.00
Small Business Impact Statement

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

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

  There is currently one freestanding birth center (FBC) participating in the MassHealth program.

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

  No.  

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

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

  No.

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

  No.

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

  No.

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

  
  

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

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

  No. No other regulations duplicate or conflict with the proposed regulation.

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

  Yes. The regulation requires providers to periodically comply with audits, inspections, and other regulatory activities.

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

  No. The regulation does not require small businesses to provide educational services to keep up with regulatory requirements.

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

  No. The proposed amendments are unlikely to deter or encourage the formation of small businesses in Massachusetts. This regulation governs payments for FBC services provided to publicly aided individuals and is applied uniformly among providers.

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

  No. The proposed amendments are unlikely to deter or encourage the formation of small businesses in Massachusetts. This regulation governs payments for FBC services provided to publicly aided individuals and is applied uniformly among providers.

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

  No.

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

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

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

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

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

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

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

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

Executive Office of Housing and Livable Communities
760 CMR 75.00

PUBLIC NOTICE

EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES (EOHLC)

Under the provisions of M.G.L. c. 30A, § 3, notice is hereby given of the promulgation of proposed regulation 760 CMR 75.00 – Life Cycle Assessments of State-Funded Housing. EOHLC’s regulatory authority for this action is provided under M.G.L. c. 23B and St. 2024, c. 239, § 113. In accordance with M.G.L. c. 30A, § 5, the proposed regulation has a minimal or non-existent Small Business Impact. 

The purpose of the regulation is to fulfill the legislative mandate of Chapter 239 of the Acts of 2024 (the "Climate Bill"), which requires EOHLC to promulgate regulations to implement cradle-to-grave life cycle assessments of state-funded housing projects in accordance with International Organization for Standardization ISO 14040 and ISO 14044. 

Pursuant to M.G.L. c. 30A, § 3, written comments on the proposed regulation may be submitted no later than 11:59 pm on September 5, 2025, by sending the same electronically to EOHLCRegulationComments@mass.gov , including “Comments on 760 CMR 75” in the subject line. 

A copy of the proposed regulation will be posted on EOHLC’s website at https://www.mass.gov/info-details/eohlc-regulations-current-regulations-and-proposed-amendments

CMR No: 760 CMR 75.00 – Life Cycle Assessments of State-Funded Housing
Small Business Impact Statement

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

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

  0

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

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

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

  No.

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

  No.

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

  No.

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

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

  No.

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

  No.

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

  No.

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

  No.

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

  No.

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

  No.

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

  No.

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

  No.

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

  No.

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

  No. 

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

  No.  

State Board of Retirement
941 CMR 2.00

Notice of New Regulation to the Existing Regulations 941 CMR 2.00 and Comment Period

To Whom it May Concern:
Pursuant to G.L. c. 30A, §§ 2 and 3, notice is hereby given of a proposed regulatory action by the State Board of Retirement (the "Board"). The Board is considering the promulgation of an additional regulation to the existing regulations 941 CMR 2.00 by adding regulation 941 CMR 2.11: "Use of Electronic Signatures". A copy of the proposed action is enclosed herein.

The Board is authorized to enact regulations by G.L. c. 32, § 20(5)(b). The purpose of 941 CMR 2.11, in brief, is to: clarify when the use of electronic signature would be acceptable in lieu of a "wet signature" pursuant to 840 CMR 28.00, et seq on Board forms. 

The Board will accept written comment that is received by the Board no later than 5:00 p.m. on September 9, 2025.
Please send any written comment to the Board's main office at: 
Marko Samardzic Esq.
Associate Board Counsel - State Board of Retirement
One Winter Street, 7th Floor
Boston, MA 02108.

Or you may email your comments to: MSRB-legal@tre.state.ma.us. 
Written comment received after the deadline set forth above will not be part of the Record and will not be considered by the Board.

 A copy of the proposed regulation may be viewed on the MSRB website at Retirement Board Regulations (MSRB) I Mass.gov or you may obtain additional copies of the proposed regulatory action by contacting the Board's Associate Board Counsel Marko Samardzic 617-367-7770 ext. 344 or at MSRBlegal@ tre.state.ma.us.

Thank you for your attention to this matter.
Marko Samardzic Esq.

CMR No: 941 CMR 2.11
Small Business Impact Statement

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

Pursuant to M.G.L. c. 30A §§ 2, 3 & 5, the Massachusetts State Retirement Board ("MSRB") hereby presents its Small Business Impact Statement pe11aining to its proposed Electronic Signature Regulation 941 CMR 2.11. M.G.L. c. 30A §2 requires that a small business impact statement be filed with the notice of comment period and be attached therewith. 

The small business impact statement shall include:

• a) An estimate of the number of small businesses subject to comment and regulations;
•  b) Projected repo11ing, recordkeeping and other administrative costs required for compliance with the proposed regulations; 
• c) The appropriateness of performance standards versus design standards; 
• d) An identification of regulations of the promulgating agency, or of another agency or depai1ment, which may duplicate or conflict with the proposed regulations; and, 
• e) An analysis of whether the proposed regulations are likely to deter or encourage the formation of new businesses within the Commonwealth.

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

  The MSRB estimates that no small businesses will be directly impacted by the regulations as this regulation is directed towards MSRB members who throughout their employment may be asked to submit documentation with a wet signature. Arguably, the regulation could positively impact some small businesses who are in field of Domestic Relations Order, or retirement counseling where they could obtain electronic signatures from their clients, as opposed to requiring them to sign at their office.

• Projected Reporting, Recordkeeping, and Other Administrative Costs

  The proposed regulations do not impose additional reporting, recordkeeping, or other administrative costs beyond the reporting, recordkeeping, and administrative costs that may be incurred by the MSRB. In fact, MSRB members and the MSRB will possibly reduce their administrative and record keeping costs as documents will no longer need to be in hardcopy form and will be automatically uploaded to the MSRB Database.

• Appropriateness of Performance Standards Versus Design Standards

  Performance standards are not appropriate for these regulations. The regulations are being proposed in order to provide ease of access for MSRB members to electronically sign documents in lieu of wet signature. Design standards are necessary so that members or agents of members working on their behalf understand that not all documents submitted to the MSRB require a wet signature. This regulation will aid in providing predictability and uniformity in document submissions.

• Identification of Duplicate or Conflicting Regulations

  The MSRB has not identified any conflicting or duplicate regulations of the MSRB, any other, agency, board, or commission as this proposed regulation is MSRB specific.

• Analysis of Whether the Proposed Regulations are Likely to Deter or Encourage the Formation of New Businesses Within the Commonwealth.

  The MSRB does not anticipate that this regulation will have any significant impact in either deterring or encouraging the formation of new businesses within the Commonwealth as the proposed regulations do not affect businesses but rather MSRB members. However, as described in the "Number of Small Businesses Affected" section above, the regulation may encourage the formation of small businesses within the retirement-oriented field as electronic signatures may lower some administrative costs in the manner described above.

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 add an additional daily drawing to MASS CASH that will go into effect on July 20, 2025, and will eliminate the sale of Season Tickets. 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, September 11, 2025, at 1:00 p.m. To participate in the remote public hearing by telephone, call 1-(972) 301-8269 and enter conference ID number 510 769 422# 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 September 12, 2025.

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

CMR No: 961 CMR 2.00
Small Business Impact Statement

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

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 add an additional daily drawing to MASS CASH that will go into effect on July 20, 2025, and will eliminate the sale of Season Tickets. These regulations are governed by M.G.L. c. 10, §24.

These amendments may increase consumer purchases and revenue for Lottery agents, some of which are small businesses. 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 6926 licensed Lottery agents, approximately 5604 of whom would be considered a small business. These amendments may increase consumer purchases and revenue for Lottery agents. There is minimal 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.