Notices of Public Hearing (Published 9/26/2025)

Executive Office for Administration and Finance
801 CMR 4.00

Notice Of Public Hearing
One Federal Street, 6th Floor, Gold Room, Boston, Massachusetts And Virtual Proposed Amendments To:
801 Cmr 4.00: Rates Tuesday, October 7, 2025 At 10:00 A.M.

Pursuant to the provisions of Section 4(c)(2) of Massachusetts General Laws chapter 169B, as set forth in SECTION 3 of Chapter 312 of the Acts of 2024 (Chapter 312) and in accordance with the provisions of Massachusetts General Laws chapter 30A, section 2, a joint public hearing will be held on Tuesday, October 7, 2025 at 10:00 a.m. at which comments will be received by the Executive Office for Administration and Finance and the Division of Banks (Division) relative to the establishment of fees for money transmitters under Chapter 312.

A hybrid public hearing will be held on October 7, 2025 at 10:00 a.m. at One Federal Street, 6th Floor, Gold Room, Boston, Massachusetts. The link providing information regarding the hearing will be posted by Monday, October 6, 2025 by 12:00 noon, and will be available at www.mass.gov/dob/. While it is not necessary to pre-register to provide oral testimony, anyone who emails their intention to provide oral testimony at the hearing in advance will receive preference in the order of testimony provided. Such optional notice must include the person’s name, telephone number, and email address and should be sent to dob.comments@mass.gov via email.

The purpose of 801 CMR 4.02 – 209 Division of Banks and Loan Agencies is to set forth the respective fees and assessments for state-chartered banks and state-chartered credit unions, as well as the provisions relative to the Division of Banks’ licensees and registrants. Chapter 312 establishes a single statutory framework for the licensing, examination, and regulation of all money transmitters, covering both foreign and domestic transmissions, as well as check sellers, in the Commonwealth by the Division of Banks (Division), pursuant to the establishment of new M.G.L. c. 169B. With regard to licensure, Chapter 312 repeals the enabling statutes for the Division’s licensure of check sellers at M.G.L. c. 167F, § 4 and the licensure of foreign transmittal companies at M.G.L. c. 169, replacing the statutes with new M.G.L. c. 169B regarding the licensure of money transmitters, including foreign and domestic transmissions as well as check sellers, into one license for money transmitters.

The proposed amendments would repeal the current fees set forth at 801 CMR 4.02: 209 Division of Banks and Loan Agencies:
(39) Check Sales Annual License 1,000 per year
(40) Foreign Transmittal Agencies
(a) Annual License 1,000 per year for initial licensed location
(b) License for Additional Location 200 per year for each additional licensed location

The proposed amendments would add the following fee to 801 CMR 4.02: 209 Division of Banks and Loan Agencies:(39) Money Transmitters Annual License 1,000 per year

Written comments may be submitted to the Division on the proposed fees until Tuesday, October 14, 2025 at 5:00 p.m. to dob.comments@mass.gov. Copies of the proposed fees are available at, and copies may be obtained from, the Massachusetts Division of Banks, at www.mass.gov/dob/.

Additional changes may be made based on comments received at the public hearing or during the comment period.

To request interpretive services, please submit your request at least three (3) business days prior to the public hearing to Jennifer DeWitt at 617-956-1549 or jennifer.dewitt@mass.gov.

If there are any questions, please contact the Division’s Legal Unit at 617-956-1520. 

CMR No: 801 CMR 4.02: Rates
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:

  As of 9/9/25, the Division licenses 72 foreign transmittal companies and 19 check sellers. While foreign transmittal companies and check sellers are included as money transmitters, entities engaged in domestic transmissions would be added as well. The Division notes that as of 9/9/25, there are 2,631 foreign transmittal agents. The Division estimates that there may be approximately up to 160 entities that could seek licensure as money transmitters. While it is difficult to estimate what percentage may be small businesses, it is possible that there could be some that are.

• 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 proposed amendments is to replace the existing license fees for check sellers and foreign transmittal agencies with one fee for money transmitters in 801 CMR 4.02: 209 CMR Division of Banks and Loan Agencies, as required to implement the provisions of M.G.L. c. 169B, as established by Chapter 312 of the Acts of 2024.
  

• 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. All licensed money transmitters are subject to examination and regulatory oversight by the Division.

• 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 decision to seek licensure as a money transmitter is based on many economic factors. The amendment of this regulation would not likely encourage or discourage an entity from seeking to engage in such business and therefore obtaining the appropriate licensure as a money transmitter.

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

  No. As noted above, the decision to seek licensure as a money transmitter is based on many economic factors. The amendment of this regulation would not likely encourage or discourage an entity from seeking licensure as a money transmitter.

• 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. As noted above, the purpose of the proposed amendments is to replace the existing license fees for check sellers and foreign transmittal agencies with one fee for money transmitters in 801 CMR 4.02: 209 CMR Division of Banks and Loan Agencies, as required to implement the provisions of M.G.L. c. 169B, as established by Chapter 312 of the Acts of 2024.

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

  No.

Division of Banks and Loan Agencies
209 CMR 44.00, 45.00 & 48.00

Notice Of Public Hearing

One Federal Street, 6th Floor, Gold Room, Boston, Massachusetts And Virtual

• Proposed Promulgation of 209 Cmr 44.00: The Licensing and Regulation of Money Transmitters
• Proposed Amendments to 209 Cmr 45.00: The Licensing and Regulation of Money Services Businesses
• Proposed Amendments to 209 Cmr 48.00: Licensee Record Keeping

Pursuant to the provisions of Section 3(a)(2) of Massachusetts General Laws chapter 169B, as set forth in SECTION 3 of Chapter 312 of the Acts of 2024 (Chapter 312) and in accordance with the provisions of Massachusetts General Laws chapter 30A, section 2, a public hearing will be held on Tuesday, October 7, 2025 at 10:30 a.m. at which comments will be received by the Division of Banks (Division) relative to the following regulations.

A hybrid public hearing will be held on Tuesday, October 7, 2025 at 10:30 a.m. at One Federal Street, 6th Floor, Gold Room, Boston, Massachusetts. The link providing information regarding the hearing will be posted by Monday, October 6, 2025 by 12:00 noon, and will be available at www.mass.gov/dob/. While it is not necessary to pre-register to provide oral testimony, anyone who emails their intention to provide oral testimony at the hearing in advance will receive preference in the order of testimony provided. Such optional notice must include the person’s name, telephone number, and email address and should be sent to dob.comments@mass.gov via email.

Chapter 312 establishes a single statutory framework for the licensing, examination, and regulation of all money transmitters, covering both foreign and domestic transmissions, as well as check sellers, in the Commonwealth by the Division of Banks (Division), pursuant to the establishment of new M.G.L. c. 169B. With regard to licensure, Chapter 312 repeals the enabling statutes for the Division’s licensure of check sellers at M.G.L. c. 167F, § 4 and the licensure of foreign transmittal companies at M.G.L. c. 169, replacing the statutes with new M.G.L. c. 169B regarding the licensure of money transmitters, including foreign and domestic transmissions as well as check sellers, into one license for money transmitters.

• 209 CMR 44.00: The Licensing and Regulation of Money Transmitters – Proposed Promulgation
  The purpose of proposed regulation 209 CMR 44.00: The Licensing and Regulation of Money Transmitters is to establish procedures and requirements for the licensing and supervision of money transmitters under the provisions of M.G.L. c. 169B, as established by Chapter 312 of the Acts of 2024, An Act Relative to the Regulation of Money Transmission by the Division of Banks (Chapter 312). Chapter 312, which was signed into law on 1/1/25, establishes a single statutory framework for the licensing, examination, and regulation by the Division of Banks (Division) for all money transmitters, including both foreign and domestic money transmissions, in Massachusetts under newly established M.G.L. c. 169B. Proposed regulation 209 CMR 44.00 et seq. would include provisions relative to the licensing and supervision of money transmitters under Chapter 312.
• 209 CMR 45.00: The Licensing and Regulation of Money Services Businesses – Proposed Amendments
  The purpose of 209 CMR 45.00: The Licensing and Regulation of Money Services Businesses is to establish procedures and requirements for the licensing, regulation and supervision of licensees under the provisions of check sellers pursuant to M.G.L. c. 167F, § 4; foreign transmittal agencies under M.G.L. c. 169; and check cashers pursuant to M.G.L. c. 169A. Chapter 312 repeals the statutory authority for check sellers at M.G.L. c. 167F, § 4 and foreign transmittal agencies under M.G.L. c. 169. As noted above, the authority under Chapter 312 for money transmitters will now be under M.G.L. c. 169B and its proposed regulation at 209 CMR 44.00 et seq. The proposed amendments to 209 CMR 45.00 et seq. would delete the current provisions relative to foreign transmittal agencies and check sellers. The proposed amendments would also change the title of 209 CMR 45.00 et seq. to 209 CMR 45.00: The Licensing and Regulation of Check Cashers.
• 209 CMR 48.00: Licensee Record Keeping – Proposed Amendments
  The purpose of 209 CMR 48.00: Licensee Record Keeping is to establish procedures and requirements for record keeping by the Division’s licensees. The proposed amendments to 209 CMR 48.00 et seq. would update this regulation to remove references to check sellers and foreign transmittal agencies and to include money transmitters in accordance with the provisions of Chapter 312.

Written comments may be submitted to the Division on the proposed regulation and amendments until Tuesday, October 14, 2025 at 5:00 p.m. to dob.comments@mass.gov. Copies of the proposed regulation and amendments are available at, and copies may be obtained from, the Massachusetts Division of Banks, at www.mass.gov/dob/.

Additional changes may be made based on comments received at the public hearing or during the comment period.

To request interpretive services, please submit your request at least three (3) business days prior to the public hearing to Jennifer DeWitt at 617-956-1549 or jennifer.dewitt@mass.gov. 

If there are any questions, please contact the Division’s Legal Unit at 617-956-1520. 

CMR No: 209 CMR 44.00: The Licensing and Regulation of Money Transmitters
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:

  As of 9/9/25, the Division licenses 72 foreign transmittal companies and 19 check sellers. While foreign transmittal companies and check sellers are included as money transmitters, entities engaged in domestic transmissions would be added as well. The Division notes that as of 9/9/25, there are 2,631 foreign transmittal agents. The Division estimates that there may be approximately up to 160 entities that could seek licensure as money transmitters. 

  While it is difficult to estimate what percentage of all these entities may be small businesses, it is possible that there could be some that are.

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

  Yes. The submission of an annual report containing limited information is required for all Division licensees, and the regulation would require this of money transmitters, as well.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. The Division maintains record keeping requirements for all of its licensees, and the regulation would require this of money transmitters as well. Such money transmitters which are already licensed as foreign transmittal companies and/or check sellers likely already maintain record keeping procedures, so it is unclear whether the Division’s regulation would create an additional requirement. As noted above, entities only engaged in domestic transmissions would now also be required to be licensed as money transmitters would have to implement the record keeping requirements for all licensees.

• 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. No other regulations duplicate or conflict with the proposed regulation. Current regulation 209 CMR 45.00 is proposed to be amended to eliminate any current provisions regarding foreign transmittal companies and check sellers.

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

  Yes. All licensed money transmitters are subject to examination and regulatory oversight by the Division.

• 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 decision to seek licensure as a money transmitter is based on many economic factors. Promulgation of this proposed regulation would not likely encourage or discourage an individual from seeking licensure as a money transmitter.

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

  No. As noted above, the decision to seek licensure as a money transmitter is based on many economic factors. The amendment of this regulation

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

  No. No less stringent requirements can be established in the regulation based on the size of the entity.

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

  No. No less stringent requirements can be established for individuals by regulation.

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

  No. The compliance requirements cannot be consolidated or simplified for individuals by regulation.

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

  No. As noted above, the purpose of the proposed regulation is to implement the licensure of money transmitters by the Division, pursuant to new M.G.L. c. 169B.

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

  No.

CMR No: 209 CMR 45.00: The Licensing and Regulation of Money Services Businesses
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:

  As of 9/9/25, the Division licenses 57 check cashers. Although the proposed amendments would result in only check cashers being subject to 209 CMR 45.00, the Division notes the following for the other licensees currently under this regulation: 72 licensed foreign transmittal agencies and 19 licensed check sellers as of 9/10/25.

  While it is difficult to estimate what percentage of all these entities may be small businesses, it is possible that there could be some that are.

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

  No. The submission of an annual report containing limited information is required for all Division licensees, and the regulation requires this of check cashers, as well.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The Division maintains record keeping requirements for all of its licensees, and the regulation requires this of check cashers as well.

• 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 proposed amendments is to clarify the provisions for the licensure of check cashers by the Division, pursuant M.G.L. c. 169A.
  

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

  No. No other regulations duplicate or conflict with the proposed regulation. The provisions in current regulation 209 CMR 45.00 regarding foreign transmittal companies and check sellers are being repealed to combine and update them in another regulation, 209 CMR 44.00: The Licensing and Regulation of Money Transmitters, to implement the provisions of M.G.L. c. 169B, as established by Chapter 312 of the Acts of 2024.

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

  Yes. All licensed check cashers are subject to examination and regulatory oversight by the Division.

• 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 decision to seek licensure as a check casher is based on many economic factors. The proposed amendments to this regulation would not likely encourage or discourage an individual from seeking licensure as a check casher.

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

  No. As noted above, the decision to seek licensure as a check casher is based on many economic factors. The proposed amendments to this regulation would not likely encourage or discourage an individual from seeking licensure as a check casher.

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

  No. No less stringent requirements can be established in the regulation based on the size of the entity.

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

  No. No less stringent requirements can be established for individuals by regulation.

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

  No. The compliance requirements cannot be consolidated or simplified for individuals by regulation.

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

  No. As noted above, the purpose of the proposed amendments is to clarify the provisions of the regulation for check cashers.

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

  No.

CMR No: 209 CMR 48.00: Licensee Record Keeping
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:

  As of 9/9/25, the Division licenses 72 foreign transmittal companies and 19 check sellers. While foreign transmittal companies and check sellers are included as money transmitters, entities engaged in domestic transmissions would be added as well. The Division notes that as of 9/9/25, there are 2,631 foreign transmittal agents. The Division estimates that there may be approximately up to 160 entities that could seek licensure as money transmitters.

  While it is difficult to estimate what percentage of all these entities may be small businesses, it is possible that there could be some that are.

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

  No. The Division already maintains record keeping requirements for all of its licensees, foreign transmittal agencies and check cashers.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation would provide record keeping requirements for money transmitters. Such money transmitters which are already licensed as foreign transmittal companies and/or check sellers likely already maintain record keeping procedures, so it is unclear whether the Division’s regulation would create an additional requirement. As noted above, entities only engaged in domestic transmissions would now also be required to be licensed as money transmitters and would have to implement the record keeping requirements applicable for all licensees.

• 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 proposed amendments to 209 CMR 48.00 would clarify the record retention requirements for money transmitters.
  

• 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. All licensed money transmitters are subject to examination and regulatory oversight by the Division.

• 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 decision to seek licensure as a money transmitter is based on many economic factors. The amendment of this regulation would not likely encourage or discourage an individual from seeking licensure as a money transmitter.

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

  No. The decision to seek licensure as a money transmitter is based on many economic factors. The amendment of this regulation would not likely encourage or discourage an individual from seeking licensure as a debt collector.

• 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. The purpose of the proposed amendments to 209 CMR 48.00 is to update the regulation to include money transmitters.

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

  No.

Office of Campaign and Political Finance
970 CMR 2.00

NOTICE OF PUBLIC HEARING ON REGULATIONS

The Office of Campaign and Political Finance (OCPF) will hold a public hearing concerning proposed revisions to regulations at 970 CMR 2.00 relative to the use of campaign funds for adult-care services expenses as authorized by Chapter 9 of the Acts of 2025. The regulations will be issued pursuant to M.G.L. c. 55, § 3; G.L. c. 30A; and Section 133 of Chapter 9 of the Acts of 2025.

The public is invited to comment on the proposed regulations, which will be posted on OCPF's website, www.ocpf.us at least three weeks prior to the hearing. Testimony may be presented orally at the public hearing in person or remotely via a teleconferencing platform. The hearing will be held on Thursday, October 9, 2025, at 10:00 a.m. at the office of OCPF, One Ashburton Place, Room 411, Boston, Massachusetts. Persons wishing to attend the hearing remotely should email Jason.tait@,mass.gov and request the teleconferencing platform link.

Written comments may also be submitted until 5:00 PM on October 20, 2025, in person, by email to sarah.hartry@mass.gov, or by mail to: Sarah Hartry, General Counsel, OCPF, Room 411 , One Ashburton Place, Boston, MA 02108.

Regulation No.: Adds new 970 CMR 2.06(3)(z).
Small Business Impact Statement

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

Agency Submitting Regulation: Massachusetts Office of Campaign and Political Finance (OCPF)

Subject Matter of Regulation: The office intends to issue revised regulations at 970 CMR 2.00. The regulations will be implemented as required by Section 133 of Chapter 9 of the Acts of2025 relative to the use of campaign funds for adult-care services purposes.

Regulation No.: Adds new 970 CMR 2.06(3)(z).

 Statutory Authority: The regulations will be issued pursuant to M.G.L c. 30A; M.G.L. c. 55, § 3; and Section 133 of Chapter 9 of the Acts of 2025.

Other Agencies Affected: None. 

Other Regulations That May Duplicate or Conflict with the Regulation: None. 

Describe the Scope and Objectives of the Regulation: The regulations will implement portions of Chapter 9 of the Acts of 202 5 relative to the permitted use of campaign funds for adult-care services purposes. 

Business [ndustry(ies) Affected by the Regulation: None. 

Types of Businesses Included in the Industry(ies): None. 

Total Number of Small Businesses Included in the Regulated lndustries Please see the attached guidance documents for assistance determining the total number of small businesses: None. 

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

Effective Date Used In Cost Estimate: N/A 

• 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?

  N/A

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

  N/A

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

  N/A

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

  N/A

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

  No. 

Commonwealth Health Insurance Connector Authority
956 CMR 12.00

Notice of Public Hearing

Under the provisions of M.G.L. c. 30A and pursuant to the regulatory authority found in St. 2006, c. 58, the Commonwealth Health Insurance Connector Authority (“Connector”) will conduct a public hearing for the purpose of gathering comments, ideas, and information concerning the following emergency amendments to existing regulations:

956 CMR 12.00 Eligibility, Enrollment, and Hearing Process for Connector Programs

The purpose of the amendments to existing regulation 956 CMR 12.00 is to change the FPL eligibility between ConnectorCare Plan Types 1 and 2 to align with changes in federal law concerning premium tax credit eligibility that take effect January 1, 2026.

The hearing will be held online at the following date and time, and can be accessed using the below information:

Thursday, October 23, 2025, 1:00 – 3:00 p.m.
Zoom Meeting https://us06web.zoom.us/j/89397042257?pwd=okmo46JeWcMELmoh9SQ29zo8bl2Ymt.1

Meeting ID: 893 9704 2257 Passcode: 693247
One tap mobile +13052241968,,89397042257# US +13092053325,,89397042257# US

These amended regulations were approved by the Connector Board on September 11, 2025, on an emergency basis, and filed with the Secretary of the Commonwealth on September 11, 2025. A copy of the amended regulations and hearing rules may be obtained from the Commonwealth Health Insurance Connector Authority, 100 City Hall Plaza, 6th Floor, Boston, MA 02108 during normal business hours or on the web at www.mahealthconnector.org, by hovering the cursor over “About” and selecting “Rules & Regulations” from the drop down menu. All persons desiring to be heard on these matters should appear for the online hearing at the designated time. Written comments in advance of the hearing and at the hearing are welcome and if mailed, should be sent to the same address - Attention to Andrew R. Egan: Public Comments, or emailed to connector-legal@state.ma.us. Written Comments will be accepted until October 23, 2025 at 4 P.M.

CMR No: 956 CMR 12.00
Small Business Impact Statement

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

VIA ELECTRONIC AND MAIL DELIVERY
September 11, 2025
Office of the Secretary of the Commonwealth
State Publication & Regulations Division
One Ashburton Place, Room 1613 Boston, MA 02108
Re: Notice of Public Hearing and Small Business Impact Statement 

Enclosed, please find a “Notice of Public Hearing” for amendments to existing regulation 956 CMR 12.00 – “Eligibility, Enrollment, and Hearing Process for Connector Programs”. These regulations were approved by the Health Connector Board on an emergency basis on September 11, 2025, and filed with the Secretary of the Commonwealth on September 11, 2025. Please also find, enclosed, a “Small Business Impact Statement” addressing the impact, if any, of the proposed amendments to 956 CMR 12.00 on small businesses in the Commonwealth.

The purpose of the amendments to existing regulation 956 CMR 12.00 is to change the federal poverty line eligibility threshold between ConnectorCare Plan Types 1 and 2 to align with changes in federal law concerning premium tax credit eligibility that take effect January 1, 2026. Because these regulations concern the eligibility rules for the Commonwealth’s health insurance affordability program for individuals who do not have access to health insurance from another source, including from their employer, there is no anticipated impact on small businesses, including that there is no projected reporting, recordkeeping, or other administrative cost required for compliance with the amendments.

Because there is no impact on small businesses, there is no distinction between performance standards or design standards. Further, there are no other regulations of the Commonwealth Health Insurance Connector Authority, or any other state agency, which may duplicate or conflict with the amended regulation. 

The Commonwealth Health Insurance Connector Authority does not expect that these amendments will be likely to have any effect on the formation of new business in the state. 

The Commonwealth Health Insurance Connector Authority respectfully requests that the enclosed “Notice of Public Hearing” be published in the next Register. If you have any questions regarding the enclosed “Notice of Public Hearing” or “Small Business Impact Statement”, please do not hesitate to call. Thank you for your attention to this matter. 

Sincerely,
Michael E. Cannella, Esq.
Assistant General Counsel 

Energy Facilities Siting Board
980 CMR 1.00, 2.00, 4.00 & 5.00, 7.00, 8.00, 9.00, 11.00, 13.00, 14.00, 16.00 & 17.00

Notice of Public Comment and Hearings
EFSB 25-10 and D.P.U. 25-75 – Proposed Rulemakings Pursuant to 2024 Climate Act

The Energy Facilities Siting Board (“Siting Board”) and Department of Public Utilities (“Department”) invite you to attend public comment hearings to learn about implementation of the siting and permitting changes required by the 2024 Climate Act (An Act promoting a clean energy grid, advancing equity and protecting ratepayers), and provide written and/or oral comments. The proposed regulations and guidance documents are posted on the Siting Board’s webpage at: https://www.mass.gov/info-details/efsb-25-10-proposed-rulemaking and the Department’s webpage at: https://www.mass.gov/info-details/dpu-25-75-proposed-rulemaking.

The Siting Board and Department will conduct four hybrid public comment hearings with inperson and remote participation options:

 Public Comment Hearing 1:
Monday, October 27, 6:00 p.m.
Greater New Bedford Regional Vocational Technical High School, 1121 Ashley Blvd, New Bedford, MA 02745, Auditorium

Public Comment Hearing 2:
Wednesday, October 29, 6:00 p.m.
Berkshire Innovation Center, 45 Woodlawn Ave, Pittsfield, MA 01201

Public Comment Hearing 3:
Monday, November 3, 6:00 p.m.
One South Station, Boston, MA 02110, 3rd floor, Large Hearing Room

 Public Comment Hearing 4:
Wednesday, November 5, 6:00 p.m.
North Shore Community College, 300 Broad St., Lynn, MA 01901 Cafeteria

Remote attendees: Join by using this link: https://www.zoomgov.com/j/1612425626 from a computer, tablet, or smart device.
For audio-only participation, attendees can dial-in at (646) 558-8656 (not a toll-free number) and then enter the Webinar ID: 161 242 5626 

Note: There will be opportunity to comment on all proposed regulations issued by the Siting Board and Department at the hearings. Public Comment Hearing 3 will focus on the Intervenor Support Grant Program regulation and guidance document. 

The Department of Energy Resources will also conduct hearings for its regulations. For more information, visit: https://www.mass.gov/info-details/clean-energy-siting-permitting-regulations.

The Siting Board and the Department also welcome written comments on the proposed regulations. Initial written comments will be most useful if submitted by 5:00 pm, October 17, 2025. Final written comments will be welcome by 5:00 pm, November 7, 2025.

Additional changes may be made based on comments received at the public hearing or during the comment period.

To request interpretive services, please submit your request at least three (3) business days prior to the public hearing to Jennifer DeWitt at 617-956-1549 or jennifer.dewitt@mass.gov. 

Pre-registered commenters will speak first and others will speak afterwards. To pre-register to provide oral comments (in person or remote), use the Zoom link above or notify the meeting facilitator ERG at meetings@erg.com. Please provide your name and email address by noon, on the day of the hearing.

 Comments are sought regarding the proposed regulations and guidance documents. The Siting Board and Department will not take comments on pending projects or other cases that are under review at the Siting Board or the Department. The public comment hearings will be transcribed by a court reporter. In addition, a recording of the public comment hearings will be available on the Siting Board’s YouTube channel at https://www.youtube.com/@MaDPU_hearing.

IImportant Dates:
Siting Board Meeting on Opening Rulemaking Monday, September 8, 2025
Siting Board and Department file Proposed Regulations with the Secretary of State Friday, September 12, 2025
Initial Deadline for Written Comments Friday, October 17, 2025 Public Comment Hearings October 27 – November 5, 2025
Final Deadline for Written Comments Friday, November 7, 2025 

Procedural History:
In November 2024, Governor Maura Healey signed into law the 2024 Climate Act, St. 2024, c. 239, which makes many changes to the way that energy infrastructure is sited and permitted in Massachusetts. The Siting Board is required to promulgate regulations and guidance to implement reforms related to siting and permitting by March 1, 2026. The 2024 Climate Act also establishes the Department and Siting Board Intervenor Support Grant Program to provide financial assistance to eligible entities who are unable to participate in proceedings before the Department and Siting Board because of financial hardship. The Department and Siting Board issued straw proposals and conducted public meetings to hear comments on the straw proposals. Based on comments received, the Siting Board and Department drafted the proposed regulations. For more information, visit: https://www.mass.gov/climateact. 

Siting Division staff issued for discussion purposes draft proposed regulations and guidance in July, then the Siting Board conducted a public meeting to hear comments on the draft proposed regulations. Based on comments received, Siting Division staff revised the proposed regulations. For more information, visit: https://www.mass.gov/info-details/2024-climate-act-regulationsmeetings. On September 8, 2025, the Siting Board heard staff presentations on the revised regulations and guidance proposals, and voted to open a formal rulemaking process. On September 12, 2025, the Siting Board issued a Final Decision to open the proposed rulemaking, docketed as EFSB 25-10; on September 12, 2025, the Department issued on Order instituting its rulemaking, docket D.P.U. 25-75. 

 The Siting Board proposes the following regulatory changes: revisions to 980 CMR 1.00, Rules for the Conduct of Adjudicatory Proceedings and 980 CMR 2.00, General Information and Conduct of Board Business; new regulations 980 CMR 13.00, Consolidated Permits for Clean Energy Infrastructure Facilities; 980 CMR 14.00, De Novo Adjudications of Consolidated Local Permit Applications; 980 CMR 16.00, Pre-Filing Consultation and Engagement Requirements; and 980 CMR 17.00, Constructive Approvals. The Siting Board proposes to repeal the following regulations: 980 CMR 4.00, Freedom of Information; Protection of Trade Secrets; 980 CMR 5.00, Environmental Assessment and Environmental Impact; 980 CMR 7.00, Long-Range Forecasts and Supplements; 980 CMR 8.00, Notices of Intention to Construct an Oil Facility; 980 CMR 9.00, Coastal Zone Facility Site Selection, Evaluation, and Assessment; and 980 CMR 11.00, Licensing of Hydropower Generating Facilities. The Department proposes the following new regulation: 220 CMR 34.00, Intervenor Support Grant Program.

Instructions for Filing Written Comments
Written comments on the Siting Board’s proposed regulations, docket EFSB 25-10 must be sent to the following two email addresses: dpu.efiling@mass.gov and sitingboard.filing@mass.gov; written comments on the Intervenor Support Grant Program proposed regulation, docket D.P.U. 25-75, must be sent to the following two email addresses: dpu.efiling@mass.gov and julianne.desmet@mass.gov. 

Initial written comments will be most useful if submitted by 5:00 pm, October 17, 2025. Final written comments will be welcome by 5:00 pm, November 7, 2025. The text of the e-mail must specify: (1) the docket number of the proceeding (EFSB 25-10 or D.P.U. 25-75); (2) the name of the person or entity submitting the filing; and (3) a brief description of the document. The email should also include the name, title, and telephone number of a person to contact in the event of questions about the filing. Written comments will be posted to the Siting Board and Department file rooms and accessible for the public to view. 

Accommodation Requests and Language Services Requests
Interpretation services for the public comment hearings (in-person and Zoom) will be provided in Spanish, Portuguese, Chinese, Haitian Creole, Vietnamese, and American Sign Language (ASL). Additional language interpretation services are also available upon request in the Zoom link above, or to Yonathan Mengesha at (617) 305-3544 or Yonathan.Mengesha@mass.gov. Include in your request the language required and your contact information. To assist us in accommodating your request, please submit it as soon as possible, and at least one week before the specific public comment hearing (i.e., by October 20, 2025 for Public Comment Hearing 1). 

 Reasonable accommodations for people with disabilities (e.g., Braille, large print, electronic files, audio format) are available upon request. To request an accommodation, please contact:

Melixza Esenyie
Non-Discrimination Coordinator and Director of Diversity, Equity, and Inclusion
Massachusetts Executive Office of Energy and Environmental Affairs
Human Resources, 9th Floor
100 Cambridge Street, Boston, MA 02114
eeadiversity@mass.gov, 617-626-1282 

In your communication, state the accommodation you need and why you need the accommodation. Provide contact information in case the Coordinator needs more information. Provide your request as soon as possible. The Coordinator will consider but may not be able to fulfill late requests. 

Non-discrimination Notice
The Siting Board and Department do not discriminate on the basis of race, color, national origin, disability, age, sex, income, ethnicity, class, disability, religious creed or belief, gender identity, sexual orientation, genetic information, English language proficiency or ancestry in administration of its programs or activities. See the Siting Board’s Non-Discrimination Notice at: https://www.mass.gov/info-details/efsb-non-discrimination-notice-and-grievance-procedure. See the Department’s Non-Discrimination Notice at https://www.mass.gov/info-details/massachusetts-dpunon- discrimination-notice. 

If you have any questions about this notice or any of the Siting Board’s non-discrimination programs, policies, or procedures or believe the Siting Board has discriminated against you, you may contact Melixza Esenyie (see above for contact information) for more information.

Contacts
For further information about the public comment hearings or proposed regulations, please send an email to sitingboard.filing@mass.gov. For periodic updates, please visit the Siting Board’s webpage at: https://www.mass.gov/info-details/efsb-25-10-proposed-rulemaking and the Department’s webpage at : https://www.mass.gov/info-details/dpu-25-75-proposed-rulemaking. 

CMR No:980 CMR 1.00
Small Business Impact Statement

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

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

  0

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

  No. The regulation does not directly address requirements for small businesses but there are no additional reporting requirements established in the regulations.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation does not directly address requirements for small businesses but there are no additional reporting requirements established in the regulations.

• Will small businesses have to provide additional administrative oversight?

  No. The regulation does not directly address requirements for small businesses but there are no additional reporting requirements established in the regulations.

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

  No. The regulation does not directly address requirements for small businesses but there are no additional reporting requirements established in the regulations.

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

  No. In comparison with the status quo, the new one-step siting and permitting process should require fewer support professionals to assist with the more-efficient one-stop regulatory review process.

• 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 does not directly address requirements for small businesses does not require the purchase of any product or capital investments for compliance.

• 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. EFSB regulations typically are performance-based, rather than design/operational. The regulations continue the focus on performance standards.
  

• 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. The regulation does not directly address requirements for small businesses but does not alter the status quo regarding audits, inspections or other regulatory enforcement activities.

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

  No. The regulation does not directly address requirements for small businesses but does not impose any requirement on businesses for providing educational services to keep up to date with regulatory requirements.

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

  No. This regulation could result in additional downstream opportunities for job creation for small business subcontracted for work by utility and other energy companies.

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

  Yes. This regulation could result in additional downstream opportunities for job creation for small business subcontracted for work by utility and energy companies.

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

  No. The regulation does not directly address requirements for small businesses but is not expected to change reporting requirements for small businesses.

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

  No. The regulation does not directly address requirements for small businesses, but should not change schedules or deadlines for compliance or reporting requirements.

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

  No. The regulation does not directly address requirements for small businesses, but will consolidate compliance requirements by issuing all permits and approvals in a single consolidated permit by the EFSB.

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

  No. The regulation does not directly address requirements for small businesses but uses performance standards that will not hinder delivery of regulatory objectives.

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

  No. There is no anticipated adverse impacts on small businesses.

CMR No: 980 CMR 2.00
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 regulation does not directly address requirements for small businesses but there are no additional reporting requirements established in the regulations.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation does not directly address requirements for small businesses but does not impose additional recordkeeping requirements.

• Will small businesses have to provide additional administrative oversight?

  No. The regulation does not directly address requirements for small businesses but does not impose any additional administrative oversight requirements.

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

  No. The regulation does not directly address requirements for small businesses but should not result in a need to hire additional employees.

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

  No. In comparison with the status quo, the new one-step siting and permitting process should require fewer support professionals to assist with the more-efficient one-stop regulatory review process.

• 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 does not directly address requirements for small businesses does not require the purchase of any product or capital investments for compliance.

• 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. EFSB regulations typically are performance-based, rather than design/operational. The regulations continue the focus on performance standards.
  

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

  No. No other regulations conflict with the proposed EFSB rule.

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

  No. The regulation does not directly address requirements for small businesses but does not alter the status quo regarding audits, inspections or other regulatory enforcement activities.

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

  No. The regulation does not directly address requirements for small businesses but does not impose any requirement on businesses for providing educational services to keep up to date with regulatory requirements.

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

  No. This regulation could result in additional downstream opportunities for job creation for small business subcontracted for work by utility and other energy companies.

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

  Yes. This regulation could result in additional downstream opportunities for job creation for small business subcontracted for work by utility and energy companies.

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

  No. The regulation does not directly address requirements for small businesses but is not expected to change reporting requirements for small businesses.

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

  No. The regulation does not directly address requirements for small businesses, but should not change schedules or deadlines for compliance or reporting requirements.

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

  No. The regulation does not directly address requirements for small businesses, but will consolidate compliance requirements by issuing all permits and approvals in a single consolidated permit by the EFSB.

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

  No. The regulation does not directly address requirements for small businesses but uses performance standards that will not hinder delivery of regulatory objectives.

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

  No. There is no anticipated adverse impacts on small businesses.

CMR No:980 CMR 4.00
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. Whether retained or rescinded, this regulation has no impact on 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.)

  N/A – this regulation is proposed for rescission.
  

• 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.

CMR No:980 CMR 5.00
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. Whether retained or rescinded, this regulation has no impact on 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.)

  N/A – this regulation is proposed for rescission.
  

• 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.

CMR No:980 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:

  0

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

  No. Whether retained or rescinded, this regulation has no impact on 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.)

  N/A – this regulation is proposed for rescission.
  

• 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.

CMR No:980 CMR 8.00
Small Business Impact Statement

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

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

  0

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

  No. Whether retained or rescinded, this regulation has no impact on 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.)

  N/A – this regulation is proposed for rescission.
  

• 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.

CMR No:980 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. Whether retained or rescinded, this regulation has no impact on 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.)

  N/A – this regulation is proposed for rescission.
  

• 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.

CMR No:980 CMR 11.00
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. Whether retained or rescinded, this regulation has no impact on 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.)

  N/A – this regulation is proposed for rescission.
  

• 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.

CMR No:980 CMR 13.00
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 regulation does not directly address requirements for small businesses but there are no additional reporting requirements established in the regulations.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation does not directly address requirements for small businesses but does not impose additional recordkeeping requirements.

• Will small businesses have to provide additional administrative oversight?

  No. The regulation does not directly address requirements for small businesses but does not impose any additional administrative oversight requirements.

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

  No. The regulation does not directly address requirements for small businesses but should not result in a need to hire additional employees.

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

  No. In comparison with the status quo, the new one-step siting and permitting process should require fewer support professionals to assist with the more-efficient one-stop regulatory review process.

• 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 does not directly address requirements for small businesses does not require the purchase of any product or capital investments for compliance.

• 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. EFSB regulations typically are performance-based, rather than design/operational. The regulations continue the focus on performance standards.
  

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

  No.  No other regulations conflict with the proposed EFSB rule.

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

  No. The regulation does not directly address requirements for small businesses but does not alter the status quo regarding audits, inspections or other regulatory enforcement activities.  

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

  No. The regulation does not directly address requirements for small businesses but does not impose any requirement on businesses for providing educational services to keep up to date with regulatory requirements.

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

  No. This regulation could result in additional downstream opportunities for job creation for small business subcontracted for work by utility and other energy companies.

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

  Yes. This regulation could result in additional downstream opportunities for job creation for small business subcontracted for work by utility and energy companies.

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

  No.  The regulation does not directly address requirements for small businesses but is not expected to change reporting requirements for small businesses.

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

  No.  The regulation does not directly address requirements for small businesses, but should not change schedules or deadlines for compliance or reporting requirements.

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

  No.  The regulation does not directly address requirements for small businesses, but will consolidate compliance requirements by issuing all permits and approvals in a single consolidated permit by the EFSB.

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

  No. The regulation does not directly address requirements for small businesses but uses performance standards that will not hinder delivery of regulatory objectives.

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

  No. There is no anticipated adverse impacts on small businesses.

CMR No:980 CMR 14.00
Small Business Impact Statement

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

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

  0

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

  No. The regulation does not directly address requirements for small businesses but there are no additional reporting requirements established in the regulations.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation does not directly address requirements for small businesses but does not impose additional recordkeeping requirements.

• Will small businesses have to provide additional administrative oversight?

  No. The regulation does not directly address requirements for small businesses but does not impose any additional administrative oversight requirements.

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

  No. The regulation does not directly address requirements for small businesses but should not result in a need to hire additional employees.

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

  No. In comparison with the status quo, the new one-step siting and permitting process should require fewer support professionals to assist with the more-efficient one-stop regulatory review process.

• 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 does not directly address requirements for small businesses does not require the purchase of any product or capital investments for compliance.

• 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. EFSB regulations typically are performance-based, rather than design/operational. The regulations continue the focus on performance standards.
  

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

  No.  No other regulations conflict with the proposed EFSB rule.

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

  No. The regulation does not directly address requirements for small businesses but does not alter the status quo regarding audits, inspections or other regulatory enforcement activities.  

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

  No. The regulation does not directly address requirements for small businesses but does not impose any requirement on businesses for providing educational services to keep up to date with regulatory requirements.

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

  No. This regulation could result in additional downstream opportunities for job creation for small business subcontracted for work by utility and other energy companies.

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

  Yes. This regulation could result in additional downstream opportunities for job creation for small business subcontracted for work by utility and energy companies.

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

  No.  The regulation does not directly address requirements for small businesses but is not expected to change reporting requirements for small businesses.

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

  No.  The regulation does not directly address requirements for small businesses, but should not change schedules or deadlines for compliance or reporting requirements.

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

  No.  The regulation does not directly address requirements for small businesses, but will consolidate compliance requirements by issuing all permits and approvals in a single consolidated permit by the EFSB.

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

  No. The regulation does not directly address requirements for small businesses but uses performance standards that will not hinder delivery of regulatory objectives.

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

  No. There is no anticipated adverse impacts on small businesses.

CMR No:980 CMR 16.00
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 regulation does not directly address requirements for small businesses but there are no additional reporting requirements established in the regulations.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation does not directly address requirements for small businesses but does not impose additional recordkeeping requirements.

• Will small businesses have to provide additional administrative oversight?

  No. The regulation does not directly address requirements for small businesses but does not impose any additional administrative oversight requirements.

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

  No. The regulation does not directly address requirements for small businesses but should not result in a need to hire additional employees.

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

  No. In comparison with the status quo, the new one-step siting and permitting process should require fewer support professionals to assist with the more-efficient one-stop regulatory review process.

• 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 does not directly address requirements for small businesses does not require the purchase of any product or capital investments for compliance.

• 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. EFSB regulations typically are performance-based, rather than design/operational. The regulations continue the focus on performance standards.
  

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

  No.  No other regulations conflict with the proposed EFSB rule.

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

  No. The regulation does not directly address requirements for small businesses but does not alter the status quo regarding audits, inspections or other regulatory enforcement activities.  

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

  No. The regulation does not directly address requirements for small businesses but does not impose any requirement on businesses for providing educational services to keep up to date with regulatory requirements.

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

  No. This regulation could result in additional downstream opportunities for job creation for small business subcontracted for work by utility and other energy companies.

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

  Yes. This regulation could result in additional downstream opportunities for job creation for small business subcontracted for work by utility and energy companies.

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

  No.  The regulation does not directly address requirements for small businesses but is not expected to change reporting requirements for small businesses.

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

  No.  The regulation does not directly address requirements for small businesses, but should not change schedules or deadlines for compliance or reporting requirements.

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

  No.  The regulation does not directly address requirements for small businesses, but will consolidate compliance requirements by issuing all permits and approvals in a single consolidated permit by the EFSB.

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

  No. The regulation does not directly address requirements for small businesses but uses performance standards that will not hinder delivery of regulatory objectives.

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

  No. There is no anticipated adverse impacts on small businesses.

CMR No:980 CMR 17.00
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 regulation does not directly address requirements for small businesses but there are no additional reporting requirements established in the regulations.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The regulation does not directly address requirements for small businesses but does not impose additional recordkeeping requirements.

• Will small businesses have to provide additional administrative oversight?

  No. The regulation does not directly address requirements for small businesses but does not impose any additional administrative oversight requirements.

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

  No. The regulation does not directly address requirements for small businesses but should not result in a need to hire additional employees.

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

  No. In comparison with the status quo, the new one-step siting and permitting process should require fewer support professionals to assist with the more-efficient one-stop regulatory review process.

• 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 does not directly address requirements for small businesses does not require the purchase of any product or capital investments for compliance.

• 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. EFSB regulations typically are performance-based, rather than design/operational. The regulations continue the focus on performance standards.
  

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

  No.  No other regulations conflict with the proposed EFSB rule.

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

  No. The regulation does not directly address requirements for small businesses but does not alter the status quo regarding audits, inspections or other regulatory enforcement activities.  

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

  No. The regulation does not directly address requirements for small businesses but does not impose any requirement on businesses for providing educational services to keep up to date with regulatory requirements.

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

  No. This regulation could result in additional downstream opportunities for job creation for small business subcontracted for work by utility and other energy companies.

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

  Yes. This regulation could result in additional downstream opportunities for job creation for small business subcontracted for work by utility and energy companies.

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

  No.  The regulation does not directly address requirements for small businesses but is not expected to change reporting requirements for small businesses.

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

  No.  The regulation does not directly address requirements for small businesses, but should not change schedules or deadlines for compliance or reporting requirements.

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

  No.  The regulation does not directly address requirements for small businesses, but will consolidate compliance requirements by issuing all permits and approvals in a single consolidated permit by the EFSB.

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

  No. The regulation does not directly address requirements for small businesses but uses performance standards that will not hinder delivery of regulatory objectives.

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

  No. There is no anticipated adverse impacts on small businesses.

Department of Energy Resources
225 CMR 29.00

NOTICE OF PUBLIC COMMENT AND HEARING

Notice is hereby given that the Massachusetts Department of Energy Resources (DOER), acting under Section 41 of Chapter 179 of the Acts of 2022 (Act), codified as G.L. c. 25A, § 20, and in conformance with Chapter 30A of the General Laws, is holding a public hearing on the newly proposed regulation 225 CMR 29.00 Small Clean Energy Infrastructure Facility Siting and Permitting. The regulation implements the requirements of St. 2024, c. 239, §§ 17, 23, codified as G.L. c. 25A, §§ 2, 23, creating the Division of Clean Energy Siting and Permitting within DOER which is tasked with creating standard conditions, requirements, and criteria for the permitting of “Small Clean Energy Infrastructure Facilities” (SCEIF) at the local government level. This regulation includes processes and timelines for the preparation, filing, and review of a standard consolidated local permit application to achieve an efficient, consistent, and transparent process for SCEIF siting and permitting across the Commonwealth. The regulation covers conditions for constructive approval of consolidated local permit applications, a de novo review process, the application of site suitability guidance developed by the Executive Office of Environmental Affairs, a model bylaw, and other provisions related to the administration of these regulations.

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

Location: Virtual Hearing via Zoom https://zoom.us/webinar/register/WN_0dAEZmgoRqq5NywZXHLQjw
Date: Wednesday October 15, 2025, 7:00pm

Verbal testimony will be accepted at the hearing; however, parties may also provide written copies of their testimony.
Written comments will be accepted beginning September 26, 2025 and ending at 5:00pm October 17, 2025.
DOER requests that written comments be submitted as attached pdf files to DOER.Siting.Permitting@mass.gov with the words, S&P FOLLOW ON RULEMAKING COMMENTS, in the subject line. Alternatively, comments can be submitted via mail to Rick Collins, 100 Cambridge Street, 9th Floor, Boston, MA 02114. Copies of the proposed regulations may be obtained from the DOER website at www.mass.gov/info-details/clean-energy-siting-permitting-regulations, or by contacting Rick Collins at Rick.Collins@mass.gov.

BY ORDER OF: Elizabeth Mahony, Commissioner Department of Energy Resources September 12, 2025

CMR No: 225 CMR 29.00
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:

  400

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

  No. Small businesses will not have to complete additional reports – the regulation should result in a streamlined process for reports they already issue for small clean energy projects.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes, additional recordkeeping will be needed to keep track of completing the regulated pre-filing process and to ensure the completeness of the consolidated application.

• Will small businesses have to provide additional administrative oversight?

  Yes. Additional administrative oversight will be needed to complete the recordkeeping procedures as explained above.

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

  No, small clean energy developers should not need to hire additional employees to comply with the proposed regulation. Existing employees will need to change existing practices related to preparing project applications, but the process is meant to simplify the process and create consistency across all municipalities in the Commonwealth.

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

  Yes. Small businesses will have to hire other professionals, such as wetland scientists, surveyors, and engineers to assist them with preparing clean energy infrastructure application materials. Those professionals have subject matter expertise in land use and site design that small clean energy developers may not have.

• 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 primary objective of the regulation is to streamline the current permitting process for clean energy infrastructure; no capital investments are needed to comply.

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

  No. Design/operational standards are necessary to accomplish the regulatory objective. Clear design and operational standards create a transparent framework for small businesses to site and design their clean energy projects. Design/operational standards also comply with local and state health, safety, and environmental standards.

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

  No other regulations duplicate or conflict with the proposed regulation. The regulation streamlines processes and consolidate local permit requirements to reduce redundancy or conflict.

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

  Yes. Small businesses will still be required to comply with mandated inspections and enforcement related to ensure that small clean energy infrastructure facilities adhere to local and state health, safety, and environmental standards.

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

  No. Educational services will not need to be provided my small businesses. The Department will provide technical assistance to small businesses/clean energy developers as needed to help them comply with the new regulatory requirements.
  

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

  No. The regulation is intended to streamline permitting processes, which can be costly for small businesses. By removing these barriers, the regulation is likely not to deter the formation of small businesses.

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

  Yes. Since the regulation will streamline permitting processes, resulting in savings for small businesses, small businesses in the clean energy sector will be encouraged to grow.

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

  No. The regulation does not provide for less stringent compliance or reporting requirements for small businesses. Small businesses will still have to comply with local and state compliance requirements related to local zoning, building standards, and state environmental standards.

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

  No. The regulation requires local governments to issue decisions within a 12-month timeframe, which reduces some permitting process that have taken years to complete. Small businesses will still need to adhere to compliance or reporting requirements as mandated by local or state law.

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

  Yes. The Department has developed regulations that consolidate local permitting for small clean energy infrastructure facilities into one permit, which local governments must issue a decision on within 12 months. This simplifies a prior process wherein a small business may spend years obtaining various local or state permits.

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

  Performance standards cannot replace design or operational standards without hindering delivery of the regulatory objective because design and operational standards guarantee greater transparency, predictability, and adherence to state and local environmental, health and safety standards. Design and operational standards also help local governments make decisions on small clean energy projects, thus facilitating the expedited permitting process.

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

  No. This regulation addresses adverse impacts small businesses have faced in terms of long, unpredictable permitting processes at the local level.

Executive Office of Health and Human Services
101 CMR 307.00: Rates for Psychiatric Day Treatment Center 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, October 3, 2025, at 10 a.m. relative to the adoption of amendments to the following regulation.

101 CMR 307.00: Rates for Psychiatric Day Treatment Center Services

Summary of Proposed Regulation Pursuant to M.G.L. Chapter 118E, Section 13D, the Executive Office of Health and Human Services (EOHHS) is required to establish and periodically review the rates to be paid by governmental units to providers of non-institutional healthcare services, including psychiatric day treatment center services provided under the MassHealth program.

The proposed amendments, effective March 1, 2026, increase the rates for code H2012 (behavioral health day treatment) and code H2012-U1 (preadmission evaluation visit) by a prospective cost adjustment factor (CAF) of 2.77%. The CAF was calculated based on the optimistic forecast of the Fall 2024 Massachusetts Economic Indicators data developed by S&P Global Market Intelligence, using a base period of quarter four of calendar year 2025, and a two-year prospective rate period of quarter one of calendar year 2026 through quarter four of calendar year 2027. The proposed rate for code H2012 increases from $28.77 to $29.57 per hour, and the proposed rate for code H2012-U1 increases from $80.13 to $82.35 per hour. The rate for code 90887 is established in 101 CMR 306.00: Rates for Mental Health Service Providers in Community Health Centers and Mental Health Centers and is excluded from this rate review. In addition, the proposed amendments also update outdated citations, update terminology, enhance consistency with other EOHHS regulations, and otherwise increase clarity.

EOHHS is proposing these amendments, subject to federal approval, to ensure that payment rates are consistent with efficiency, economy, and quality of care, and to satisfy the requirements of M.G.L. 118E, sections 13C and 13D. It is estimated that annual aggregate fiscal impact of the proposed amendments is $70,000. The actual change in annualized expenditures may vary depending on actual utilization of services. There is no fiscal impact on cities and towns. 

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/info-details/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 by 5 p.m. on Frida,  October 3, 2025. 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/info-details/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 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/info-details/masshealth-public-hearings. 

September 12, 2025 

101 CMR 307.00: Rates for Psychiatric Day Treatment Center Services
Small Business Impact Statement

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

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

  There are eight psychiatric day treatment centers governed by the proposed regulation.

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

  No. Small businesses will not have to create, file, or issue additional reports as a result of the proposed amendments to 101 CMR 307.00.

• Will small businesses have to implement additional recordkeeping procedures?

  No. Small businesses will not have to create, file, or issue additional reports as a result of the proposed amendments to 101 CMR 307.00.

• Will small businesses have to provide additional administrative oversight?

  No. Small businesses are not required by 101 CMR 307.00 to provide additional administrative oversight. The proposed regulation establishes the rates to be paid by governmental units for psychiatric day treatment services.

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

  No. Regulation 101 CMR 307.00 does not require small businesses to hire additional employees to remain in compliance.

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

  No. Small businesses are not required by 101 CMR 307.00 to hire other professionals to remain in compliance.

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

  No. Regulation 101 CMR 307.00 does not require small businesses to purchase any particular product or make any capital investments.

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

  No. Performance standards are not more appropriate than design or operational standards to accomplish the regulatory objective of establishing rates for EOHHS health care services, as the proposed regulation is required by statute under M.G.L. Chapter 118E, Section 13C.

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

  No. There are no other regulations that duplicate or conflict with the proposed regulation.

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

  Yes. This regulation uniformly requires all providers to periodically file cost data.

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

  No. Regulation 101 CMR 307.00 does not require small businesses to provide educational services to keep up to date with regulatory requirements
  

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

  No. The proposed regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this proposed regulation establishes uniform governmental rates of payment for psychiatric day treatment center services.

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

  No. The proposed regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this proposed regulation establishes uniform governmental rates of payment for psychiatric day treatment center services.

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

  No. The proposed regulation does not distinguish between small and other businesses.

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

  No. The proposed regulation does not distinguish between small and other businesses.

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

  No. The proposed regulation does not distinguish between small and other businesses.

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

  No. Distinguishing between small and other businesses would not be practicable to implement the proposed regulation.

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

  No. The proposed regulation does not have an adverse impact on small businesses.

Division of Medical Assistance
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 October 3, 2025, at 12 p.m. relative to the emergency adoption of amendments to the following regulation.

130 CMR 408.000: Adult Foster Care

The regulation went into effect as an emergency on September 12, 2025. There is no fiscal impact on cities and towns.

The Executive Office of Health and Human Services (EOHHS) is proposing an emergency amendment to regulation 130 CMR 408.000. AFC/GAFC services provide MassHealth members with assistance with activities of daily living (ADLs), instrumental activities of daily living (IADLs), as well as nursing oversight and care management of the personal care provided by the AFC caregiver/GAFC Direct Care Aide, which are overseen by a Provider Agency. The proposed amendment adds a provider eligibility requirement stating that, at the time of accreditation or re-accreditation, the provider must be delivering services to at least eight (8) individuals. The purpose of this amendment is to promote quality by ensuring that Adult Foster Care (AFC) and Group Adult Foster Care (GAFC) providers are of a sufficient size to effectively deliver AFC/GAFC services. The anticipated effective date of the proposed amendment is on or after September 12, 2025.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/info-details/masshealth-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to masshealthpublicnotice@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted by 5 p.m. on October 3, 2025. The Division specifically invites comments as to how the amendments may affect beneficiary access to care. 

To review the emergency regulation, go to www.mass.gov/info-details/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 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/info-details/masshealth-public-hearings. 

September 12, 2025 

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:

  Adult Foster Care Providers and 115 Group Adult Foster Care Providers

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

  No. Small businesses will not have to create, file, or issue additional reports as a result of the proposed amendments to this regulation.

• Will small businesses have to implement additional recordkeeping procedures?

  No. Small businesses will not have additional responsibilities to keep records as a result of the proposed amendments to this regulation.

• Will small businesses have to provide additional administrative oversight?

  No. Small businesses are not required by this regulation to provide additional administrative oversight as a result of the proposed amendments to this regulation.

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

  No. This regulation does not require small businesses to hire additional employees to remain in compliance.

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

  No. Small businesses are not required by this regulation to hire other professionals.

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

  No. This regulation does not require small businesses to purchase any particular product or make any capital investments.

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

  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 regulations duplicate or conflict with this regulation.

• 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. This regulation does not require small businesses to provide educational services to keep up to date with the regulatory requirements.
  

• 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.

Division of Medical Assistance
130 CMR 409.000 428.000 & 442.000

NOTICE OF PROPOSED AMENDMENT OF REGULATIONS

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 public comment period about proposed amendments to the following regulations required by federal interoperability requirements under CMS-0057-F.

130 CMR 409.000: Durable Medical Equipment Services
130 CMR 428.000: Prosthetics Services
130 CMR 442.000: Orthotics Services

The proposed amendments focus on aligning prior authorization review timelines. It is anticipated that the amendments will not go into effect before January 1, 2026. There is no fiscal impact on cities and towns.

The proposed amendments are to comply with federal interoperability regulation requirements and conform to related amendments to 130 CMR 450.000: Administrative and Billing Regulations.

To submit data, views, or arguments on these proposed amendments, please email them 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 submissions must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who cannot submit comments by email should mail them to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Comments will be accepted through 5:00 p.m. October 3, 2025. The Division specifically invites comments on how the amendments may affect beneficiary access to care.

All persons desiring to review the current draft of the proposed regulation may go to www.mass.gov/info-details/masshealth-public-notices or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.

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.  

September 12, 2025 

130 CMR 409.000: Durable Medical Equipment Services
Small Business Impact Statement

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

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

  There are currently approximately 88 durable medical equipment providers.

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

  No. Small businesses will not have to create, file, or issue additional reports related to the proposed amendment.

• 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?

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

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

  No.
  

• 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.

130 CMR 428.000: Prosthetics Providers
Small Business Impact Statement

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

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

  There are currently approximately 35 prosthetic providers.

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

  No. Small businesses will not have to create, file, or issue additional reports related to the proposed amendment.

• 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?

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

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

  Yes. Small businesses will not have to provide education services to keep up to date with this amendment.
  

• 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.

CMR No: 130 CMR 442.000: Orthotics Providers
Small Business Impact Statement

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

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

  There are currently approximately 28 orthotics providers.

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

  No. Small businesses will not have to create, file, or issue additional reports related to the proposed amendment.

• 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?

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

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

  No.
  

• 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.

Division of Medical Assistance
130 CMR 456.000: Long Term Care Services

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 October 3, 2025, at 2 p.m. relative to the emergency adoption of amendments to the following regulation.

130 CMR 456.000: Long Term Care Services

The regulation went into effect as an emergency on September 8, 2025. There is no fiscal impact on cities and towns.

The amendments to 130 CMR 456.000 update EOHHS enrollment policy for newly enrolling nursing facilities that have undergone a change of ownership.

The new policy allows facilities that are newly enrolling in MassHealth after a change of ownership to conditionally enroll while their Medicare certification is still pending, as long as certain criteria are met. The facility’s conditional enrollment will become full enrollment when the facility’s Medicare certification is completed. If the facility does not receive Medicare certification within nine months of the conditional enrollment, MassHealth payments will be suspended until such time as the Medicare certification is complete.

The amendments also eliminate the fixed June 1 deadline for annual Personal Needs Allowance (PNA) accounting reports. Instead, EOHHS will issue an administrative bulletin specifying the deadline and requirements for the annual submission.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/info-details/masshealth-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to masshealthpublicnotice@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted through 5 p.m. on October 3, 2025. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.

To review the emergency regulation, go to www.mass.gov/info-details/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 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/info-details/masshealth-public-hearings. 

September 12, 2025 

CMR No: 130 CMR 456.000 Long Term Care Services
Small Business Impact Statement

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

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

  SBA database searches returned 28 results for NAICS code 623110 (“Nursing Care Facilities”) and no results for 623311 (“Continuing Care Retirement Communities”).

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

  No. The proposed amendments will 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.

• 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?

  Yes. The regulation requires all nursing facilities to comply with audits, but this is not a new requirement.

• 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.

Division of Medical Assistance
130 CMR 508.000: MassHealth: Managed Care Requirements

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, October 3, 2025, at 11:00 a.m. relative to the adoption of amendments to the following regulation.

130 CMR 508.000: MassHealth: Managed Care Requirements

The proposed regulation is planned to go into effect no sooner than January 1, 2026. There is no fiscal impact on cities and towns.

The proposed updates to 130 CMR 508.000: MassHealth: Managed Care Requirements align the regulation with Section 45 of Chapter 9 of the Acts of 2025; replace outdated terminology related to One Care Plans and Senior Care Options Plans (SCO) with updated terminology; update eligibility categories for One Care and SCO Plans; update copayment requirements for MassHealth managed care members to align with previous regulation changes for fee-for-service members; clarify requirements for members transferring managed care plans; remove requirement for members who participate in certain home and community based waivers to enroll with the behavioral health contractor; update provision related to fair hearings; shorten the time period available for plans to render standard service authorization decisions, consistent with 42 CFR 438.210; add a severability clause; and make other wording updates.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/info-details/masshealth-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to masshealthpublicnotice@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted through 5:00 p.m. on Friday, October 3, 2025. 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/info-details/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 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/info-details/masshealth-public-hearings. 

September 12, 2025 

CMR No: 130 CMR 508.000
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 proposed amendments will 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.

• 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.

Department of Public Utilities
220 CMR 34.00

NOTICE OF PUBLIC COMMENT AND HEARINGS

EFSB 25-10 and D.P.U. 25-75 – Proposed Rulemakings Pursuant to 2024 Climate Act

The Energy Facilities Siting Board (“Siting Board”) and Department of Public Utilities (“Department”) invite you to attend public comment hearings to learn about implementation of the siting and permitting changes required by the 2024 Climate Act (An Act promoting a clean energy grid, advancing equity and protecting ratepayers), and provide written and/or oral comments. The proposed regulations and guidance documents are posted on the Siting Board’s webpage at: https://www.mass.gov/info-details/efsb-25-10-proposed-rulemaking and the Department’s webpage at: https://www.mass.gov/info-details/dpu-25-75-proposed-rulemaking.

The Siting Board and Department will conduct four hybrid public comment hearings with in-person and remote participation options:

Public Comment Hearing 1: 
Monday, October 27, 6:00 p.m.
Greater New Bedford Regional Vocational Technical High School, 1121 Ashley Blvd, New Bedford, MA 02745, Auditorium

Public Comment Hearing 2:
Wednesday, October 29, 6:00 p.m.
Berkshire Innovation Center, 45 Woodlawn Ave, Pittsfield, MA 01201 

Public Comment Hearing 3:
Monday, November 3, 6:00 p.m.
One South Station, Boston, MA 02110, 3rd floor, Large Hearing Room 

Public Comment Hearing 4:
Wednesday, November 5, 6:00 p.m.
North Shore Community College, 300 Broad St., Lynn, MA 01901, Cafeteria 

Remote attendees:
Join by using this link: https://www.zoomgov.com/j/1612425626 from a computer, tablet, or smart device.
For audio-only participation, attendees can dial-in at (646) 558-8656 (not a toll-free number) and then enter the Webinar ID: 161 242 5626

Note: There will be opportunity to comment on all proposed regulations issued by the Siting Board and Department at the hearings. Public Comment Hearing 3 will focus on the Intervenor Support Grant Program regulation and guidance document.

The Department of Energy Resources will also conduct hearings for its regulations. For more information, visit: https://www.mass.gov/info-details/clean-energy-siting-permitting-regulations.

The Siting Board and the Department also welcome written comments on the proposed regulations. Initial written comments will be most useful if submitted by 5:00 pm, October 17, 2025. Final written comments will be welcome by 5:00 pm, November 7, 2025.

Pre-registered commenters will speak first and others will speak afterwards. To pre-register to provide oral comments (in person or remote), use the Zoom link above or notify the meeting facilitator ERG at meetings@erg.com. Please provide your name and email address by noon, on the day of the hearing.

Comments are sought regarding the proposed regulations and guidance documents. The Siting Board and Department will not take comments on pending projects or other cases that are under review at the Siting Board or the Department. The public comment hearings will be transcribed by a court reporter. In addition, a recording of the public comment hearings will be available on the Siting Board’s YouTube channel at https://www.youtube.com/@MaDPU_hearing.

Important Dates:
Siting Board Meeting on Opening Rulemaking Monday, September 8, 2025
Siting Board and Department file Proposed Regulations with the Secretary of State, Friday, September 12, 2025
Initial Deadline for Written Comments Friday, October 17, 2025
Public Comment Hearings October 27 – November 5, 2025
Final Deadline for Written Comments Friday, November 7, 2025 

Procedural History:
In November 2024, Governor Maura Healey signed into law the 2024 Climate Act, St. 2024, c. 239, which makes many changes to the way that energy infrastructure is sited and permitted in Massachusetts. The Siting Board is required to promulgate regulations and guidance to implement reforms related to siting and permitting by March 1, 2026. The 2024 Climate Act also establishes the Department and Siting Board Intervenor Support Grant Program to provide financial assistance to eligible entities who are unable to participate in proceedings before the Department and Siting Board because of financial hardship. The Department and Siting Board issued straw proposals and conducted public meetings to hear comments on the straw proposals. Based on comments received, the Siting Board and Department drafted the proposed regulations. For more information, visit: https://www.mass.gov/climateact. 

Siting Division staff issued for discussion purposes draft proposed regulations and guidance in July, then the Siting Board conducted a public meeting to hear comments on the draft proposed regulations. Based on comments received, Siting Division staff revised the proposed regulations. For more information, visit: https://www.mass.gov/info-details/2024-climate-act-regulationsmeetings. On September 8, 2025, the Siting Board heard staff presentations on the revised regulations and guidance proposals, and voted to open a formal rulemaking process. On September 12, 2025, the Siting Board issued a Final Decision to open the proposed rulemaking, docketed as EFSB 25-10; on September 12, 2025, the Department issued on Order instituting its rulemaking, docket D.P.U. 25-75. 

The Siting Board proposes the following regulatory changes: revisions to 980 CMR 1.00, Rules for the Conduct of Adjudicatory Proceedings and 980 CMR 2.00, General Information and Conduct of Board Business; new regulations 980 CMR 13.00, Consolidated Permits for Clean Energy Infrastructure Facilities; 980 CMR 14.00, De Novo Adjudications of Consolidated Local Permit Applications; 980 CMR 16.00, Pre-Filing Consultation and Engagement Requirements; and 980 CMR 17.00, Constructive Approvals. The Siting Board proposes to repeal the following regulations: 980 CMR 4.00, Freedom of Information; Protection of Trade Secrets; 980 CMR 5.00, Environmental Assessment and Environmental Impact; 980 CMR 7.00, Long-Range Forecasts and Supplements; 980 CMR 8.00, Notices of Intention to Construct an Oil Facility; 980 CMR 9.00, Coastal Zone Facility Site Selection, Evaluation, and Assessment; and 980 CMR 11.00, Licensing of Hydropower Generating Facilities. The Department proposes the following new regulation: 220 CMR 34.00, Intervenor Support Grant Program.

Instructions for Filing Written Comments:
Written comments on the Siting Board’s proposed regulations, docket EFSB 25-10 must be sent to the following two email addresses: dpu.efiling@mass.gov and sitingboard.filing@mass.gov; written comments on the Intervenor Support Grant Program proposed regulation, docket D.P.U. 25-75, must be sent to the following two email addresses: dpu.efiling@mass.gov and julianne.desmet@mass.gov. 

Initial written comments will be most useful if submitted by 5:00 pm, October 17, 2025. Final written comments will be welcome by 5:00 pm, November 7, 2025. The text of the e-mail must specify: (1) the docket number of the proceeding (EFSB 25-10 or D.P.U. 25-75); (2) the name of the person or entity submitting the filing; and (3) a brief description of the document. The email should also include the name, title, and telephone number of a person to contact in the event of questions about the filing. Written comments will be posted to the Siting Board and Department file rooms and accessible for the public to view. 

Accommodation Requests and Language Services Requests:
Interpretation services for the public comment hearings (in-person and Zoom) will be provided in Spanish, Portuguese, Chinese, Haitian Creole, Vietnamese, and American Sign Language (ASL). Additional language interpretation services are also available upon request in the Zoom link above, or to Yonathan Mengesha at (617) 305-3544 or Yonathan.Mengesha@mass.gov. Include in your request the language required and your contact information. To assist us in accommodating your request, please submit it as soon as possible, and at least one week before the specific public comment hearing (i.e., by October 20, 2025 for Public Comment Hearing 1). 

 Reasonable accommodations for people with disabilities (e.g., Braille, large print, electronic files, audio format) are available upon request. To request an accommodation, please contact:

 In your communication, state the accommodation you need and why you need the accommodation. Provide contact information in case the Coordinator needs more information. Provide your request as soon as possible. The Coordinator will consider but may not be able to fulfill late requests.

Non-discrimination Notice:
The Siting Board and Department do not discriminate on the basis of race, color, national origin, disability, age, sex, income, ethnicity, class, disability, religious creed or belief, gender identity, sexual orientation, genetic information, English language proficiency or ancestry in administration of its programs or activities. See the Siting Board’s Non-Discrimination Notice at: https://www.mass.gov/info-details/efsb-non-discrimination-notice-and-grievance-procedure. See the Department’s Non-Discrimination Notice at https://www.mass.gov/info-details/massachusetts-dpunon- discrimination-notice. 

If you have any questions about this notice or any of the Siting Board’s non-discrimination programs, policies, or procedures or believe the Siting Board has discriminated against you, you may contact Melixza Esenyie (see above for contact information) for more information.

Contacts:
For further information about the public comment hearings or proposed regulations, please send an email to sitingboard.filing@mass.gov. For periodic updates, please visit the Siting Board’s webpage at: https://www.mass.gov/info-details/efsb-25-10-proposed-rulemaking and the Department’s webpage at : https://www.mass.gov/info-details/dpu-25-75-proposed-rulemaking. 

CMR No: 220 CMR 34.00: Intervenor Support Grant Program
Small Business Impact Statement

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

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

  The regulation does not apply to businesses, including small businesses.

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

  N/A.

• Will small businesses have to implement additional recordkeeping procedures?

  N/A.

• Will small businesses have to provide additional administrative oversight?

  N/A.

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

  N/A.

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

  N/A.

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

  N/A.

• 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?

  N/A.

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

  N/A.
  

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

  N/A.

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

  N/A.

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

  N/A.

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

  N/A.

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

  N/A.

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

  N/A.

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

  N/A.