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An Act relative to inactive voters and municipal census administration
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H702
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HD2725
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{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-19T15:55:55.407'}
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[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-19T15:55:55.4066667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-19T15:55:55.7366667'}]
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{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-19T15:55:55.407'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H702/DocumentHistoryActions
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Bill
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By Representatives LeBoeuf of Worcester and Owens of Watertown, a petition (accompanied by bill, House, No. 702) of David Henry Argosky LeBoeuf and Steven Owens relative to inactive voters and municipal census administration. Election Laws.
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Section 37 of chapter 51 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the words “of the current year”, in line 29, and inserting in place thereof the following words:- for 2 consecutive years.
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An Act to ensure a complete, accurate, and equitable census count
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H703
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HD203
| 193
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{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-10T16:22:13.467'}
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[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-10T16:22:13.4666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-10T16:22:13.7'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T14:39:21.9366667'}]
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-10T16:22:13.467'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H703/DocumentHistoryActions
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Bill
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By Representative LeBoeuf of Worcester and Senator Rausch, a joint petition (accompanied by bill, House, No. 703) of David Henry Argosky LeBoeuf, Rebecca L. Rausch and Vanna Howard for legislation to ensure a complete, accurate, and equitable census count. Election Laws.
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SECTION 1. The General Laws are hereby amended by inserting after Chapter 57 the following new Chapter:-
Chapter 57A – Census Equity and Accuracy
Section 1. Definitions
For purposes of this chapter, the following words shall have the following meanings:
(a) Census day, the day by which residents in the United States must be counted, as set forth in title 13 of the United States Code.
(b) Commission, the Massachusetts Census Equity Commission.
(c) Persons experiencing homelessness, individuals who lack, or are perceived to lack, a fixed, regular, and adequate nighttime residence. Persons experiencing homelessness includes, but is not limited to, persons who:
(1) share the housing of other persons due to loss of housing, economic hardship or a similar reason;
(2) live in motels, hotels, trailer parks or campgrounds due to the lack of fixed, regular, and adequate nighttime residence;
(3) live in emergency or transitional shelters;
(4) are abandoned in hospitals;
(5) are awaiting foster care placement;
(6) have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
(7) live in cars, parks, public spaces, abandoned buildings, bus or train stations or similar settings; or
(8) are transient and otherwise experiencing homelessness as described in this subsection.
(d) Undercounted communities, groups of residents of the commonwealth who are traditionally undercounted in census implementations, including but not limited to:
(1) communities of color;
(2) immigrants, regardless of documentation;
(3) individuals of all gender identities, gender presentations, and sexual orientations;
(4) individuals with incomes under 200% of the federal poverty line;
(5) persons experiencing homeless;
(6) individuals with disabilities;
(7) individuals who are veterans;
(8) individuals under the age of 16 years;
(9) individuals for whom English is not their first language;
(10) residents of rural communities; and
(11) residents of subsidized housing.
Section 2. Massachusetts Census Equity Commission
(a) There is hereby established, within the Office of the Secretary of State, the Massachusetts Census Equity Commission. The purpose of the commission shall be to ensure that Massachusetts censuses accurately and completely count all residents of the Commonwealth, with particular focus on undercounted communities.
(b) The commission shall consist of twenty-nine members, as follows:
(1) the secretary of state, or designee, who shall serve as chair;
(2) the attorney general, or designee;
(3) the Senate chair of the committee on election laws, or designee;
(4) the House chair of the committee on redistricting, or designee;
(5) the Senate minority leader, or designee;
(6) the House minority leader, or designee;
(7) a Senate member of the Black and Latino Legislative Caucus, or designee;
(8) a House member of the Asian Legislative Caucus, or designee;
(9) the commissioner of the department of elementary and secondary education (DESE), or designee;
(10) the commissioner of the office of refugees and immigrants (ORI), or designee;
(11) a member of the Boston city council, selected by majority vote of the council, or designee;
(12) a member of the Worcester city council, selected by majority vote of the council, or designee;
(13) a member of the Springfield city council, selected by majority vote of the council, or designee;
(14) a member of the Lowell city council, selected by majority vote of the council, or designee;
(15) a member of the New Bedford city council, selected by majority vote of the council, or designee;
(16) a member of the Barnstable town council, selected by majority vote of the council, or designee;
(17) a member of the Greenfield town council, selected by majority vote of the council, or designee;
(18) the executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA);
(19) a representative of the Grove Hall Safe Neighborhood Initiative;
(20) the executive director of the Massachusetts Coalition for the Homeless;
(21) four members who shall be residents of the Commonwealth and appointed by the Speaker of the House, ensuring diverse geographic, cultural, ethnic, racial, and gender representation on the commission:
(a) two members who represent faith communities of color in the commonwealth;
(b) one member who represents minority and women-owned businesses in the commonwealth; and
(c) one member of the Wampanoag tribe; and
(22) five members who shall be residents of the Commonwealth and appointed by the Senate president, ensuring diverse geographic, cultural, ethnic, racial, and gender representation on the commission:
(a) one member who represents youth in the commonwealth;
(b) one member who represents the elderly;
(c) one veteran;
(d) one member who represents the community of persons with disabilities; and
(e) one member who represents tenants and renters.
Section 3. Census outreach programs
(a) The commission shall develop and implement census outreach programs to (a) increase awareness of the census, focusing efforts in undercounted communities, (b) educate residents of the commonwealth about the importance of an accurate census count, (c) alleviate concerns about perceived repercussions for participating in the census count, and (d) engage undercounted communities in the census counting process.
(b) The census outreach programs shall take into account barriers to proper counting of all residents of the commonwealth.
(c) The census outreach programs shall include communications to residents of the commonwealth through school-based programs, partnerships with non-profit and community-based programs, and a multi-lingual, multi-media, multi-platform campaign.
(d) For purposes of implementing the census outreach programs, the commission:
(1) may create and appoint working groups as it deems appropriate; and
(2) shall solicit participation from relevant experts and practitioners as necessary to achieve the goals set forth in subsection (a) of this section.
Section 4. Administrative support
The commission shall be coordinated through the office of the secretary of state which shall provide administrative support to the commission and coordinate with state agencies and constitutional officers, as well as units of local government, to identify effective methods of outreach and to provide resources to ensure that outreach programs are successful and all residents are counted.
Section 5. Commission service; staff
(a) Members of the commission shall serve four-year terms, provided that no term shall terminate within the 24-month period prior to a census day or the 6-month period subsequent to a census day.
(b) Members of the commission shall receive no compensation for their services but may be reimbursed for expenses incurred in the course of their service on the commission.
(c) The commission may employ a director and assistant director upon a simple majority vote of the full membership of the commission. The director and assistant director may be compensated from moneys appropriated or available for that purpose.
Section 6. Vacancies
Vacancies the commission shall be filled in like manner as the original appointment.
Section 7. Commission meetings
(a) During the 24-month period prior to a census day, the commission shall meet at least monthly, or more frequently at the call of the chair or by majority vote of the members.
(b) At all times other than the period set forth in subsection (a) of this section, the commission shall meet at least quarterly, or more frequently at the call of the chair or by majority vote of the members.
(c) To the extent practicable, the commission shall rotate meeting locations throughout every region of the commonwealth.
Section 8. Expenditures
The secretary of the commonwealth shall use all reasonable efforts to secure federal funding for implementation of the census outreach programs. At least forty percent of the funds spent implementing the census outreach programs must be spent on undercounted communities.
Section 9. Reports
(a) By June 1 in the odd-numbered year immediately preceding a census day, the commission shall file with the governor, the secretary of the commonwealth, the attorney general, and the general court joint committees on election laws and redistricting, an interim report containing: (1) its proposed census outreach programs to encourage full participation and avoid an undercount in the upcoming decennial census; and (2) any recommendations for regulatory or legislative action necessary to ensure an accurate count of all Massachusetts residents in the upcoming decennial census.
(b) The general court joint committees on election laws and redistricting may, separately or collectively, issue to the commission suggestions for improvements to the proposed census outreach programs contained in the interim report. The committees may, separately or collectively, hold public hearings in advance of preparing and issuing said suggestions. Any suggestions must be issued to the commission by November 1 in the odd-numbered year immediately preceding a census day.
(c) By December 10 in the odd-numbered year immediately preceding a census day, the committee shall file with the governor, the secretary of the commonwealth, the attorney general, and the general court joint committees on election laws and redistricting, a final report containing the census outreach programs to be implemented throughout the commonwealth.
(d) By February 1 in the odd-numbered year immediately subsequent to a census day, the committee shall file with the governor, the secretary of the commonwealth, the attorney general, and the general court joint committees on election laws and redistricting, a post-implementation report containing: (1) a detailed accounting of the census outreach programs implemented for the immediately prior decennial census; (2) an assessment of the perceived levels of success of the components of the census outreach programs; (3) recommendations for improvements in the next census outreach programs, including in the commission’s discretion appropriate recommended legislative or regulatory action; and (4) other notable outcomes of the commission’s work.
(e) The commission may update its post-implementation report as appropriate, in its discretion, until December 31 in the second odd-numbered year subsequent to a census day.
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An Act relative to honest online political advertisement disclosure and election interference
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H704
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HD193
| 193
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{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-10T16:12:05.95'}
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[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-10T16:12:05.95'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:02:01.7366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H704/DocumentHistoryActions
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Bill
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By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 704) of David Henry Argosky LeBoeuf and James K. Hawkins relative to electioneering communication expenditures. Election Laws.
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SECTION 1. The first paragraph of section 18F of chapter 55 of the General Laws is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
Every individual, group, association, corporation, labor union or other entity not defined as a political committee who makes an electioneering communication expenditure in an aggregate amount exceeding $250 during a calendar year shall electronically file with the director, within 7 days after making the expenditure, a report stating the name and address of the individual, group, association, corporation, labor union or other entity making the electioneering communication, the name of any candidate clearly identified in the communication, the total amount or value of the communication, the name and address of the vendor to whom the payments were made and the purpose and date of the expenditure; provided, that no individual, group, association, corporation, labor union or other entity not defined as a political committee shall expend funds except funds of a United States Citizen for the purpose of an electioneering communication expenditure made in relation to internet advertising; provided, that if electioneering communication expenditure was made in relation to internet advertising, the report shall also include the advertisement as delivered to the vendor, the demographic information of the advertising target and the 5 persons or entities or if fewer than 5 persons or entities, all persons or entities that made the largest contributions to that entity, regardless of the purpose for which the funds were given; provided further, that if an internet advertisement electioneering communication is removed from a website, the individual, group, association, corporation, labor union or other entity not defined as a political committee shall provide an electronic addendum to the report stating the reason for the removal provided by the website; and provided further, that if electioneering communication expenditure was made in relation to internet advertising, the report shall certify under the pains and penalties of perjury that the expenditure was paid for exclusively by United States citizens.
SECTION 2. Chapter 55 of the General Laws is hereby amended by inserting after section 18G the following section:-
Section 18H. The director shall establish an online public archive for internet advertising electioneering communications. The archive shall make available every electioneering communication that is an internet advertisement, the demographic information of the advertising target and the 5 persons or entities or if fewer than 5 persons or entities, all persons or entities that made the largest contributions to that entity, regardless of the purpose for which the funds were given. If an internet advertisement electioneering communication was removed from a website, the archive shall also make available the reason for removal provided by the website.
The director shall solicit public comment and promulgate rules and regulations regarding internet advertising electioneering communications on online platforms.
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An Act relative to youth voter engagement
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H705
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HD220
| 193
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{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T15:13:20.61'}
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[{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T15:13:20.61'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-17T16:05:59.4033333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-22T12:59:53.2033333'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-07-12T13:28:30.8366667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-06-23T10:57:46.17'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-07-12T11:43:24.1766667'}]
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-09T15:13:20.61'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H705/DocumentHistoryActions
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Bill
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By Representatives Meschino of Hull and Lewis of Framingham, a petition (accompanied by bill, House, No. 705) of Joan Meschino and Jack Patrick Lewis for legislation to provide for voter pre-registration for persons 17 years of age. Election Laws.
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SECTION 1. Section 1 of chapter 51 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first sentence the following sentence:- Every pre-registrant registered under section 47A, who is 17 years of age may vote pursuant to section 47A.
SECTION 2. Section 47A of said chapter 51, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:– Subsequent to such pre-registration, a pre-registrant who is 17 years of age, when pre-registered as provided in this section, shall be eligible to vote at any preliminary or primary election to be held if they shall be the age of 18 years at the time of the subsequent special or general election and no other pre-registrant shall be allowed to vote until the pre-registrant obtains full age unless otherwise permitted by law.
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An Act extending voting rights in municipal elections to noncitizen voters of the Commonwealth
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H706
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HD899
| 193
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{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-17T10:36:18.243'}
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[{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-17T10:36:18.2433333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T10:08:43.2966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T11:31:25.5566667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-03-31T15:36:16.88'}]
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Bill
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By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 706) of Samantha Montaño, David Henry Argosky LeBoeuf and James B. Eldridge relative to extending voting rights in municipal elections to noncitizens. Election Laws.
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Chapter 51 of the General Laws is hereby amended by inserting after section 1F the following section:–
Section 1G. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
“municipal election”, an election for mayor, school committee, city council, town council, board of selectmen, select board elections, a school committee referendum, a local ballot referendum or other municipal elections.
“noncitizen voter”, a person 18 years of age or older with legal immigration status who is not a citizen of the United States.
“noncitizen voting limitations”, a noncitizen voter’s inability to vote for: (1) the office of President, Vice President, Presidential elector, Member of the Senate or Member of the House of Representatives pursuant to 18 U.S.C. 611; (2) a state office; or (3) initiative petitions authorized under article XLVIII of the constitution.
“noncitizen voter registration form”, a voter registration form that only a noncitizen voter uses.
“noncitizen voting rights”, a noncitizen voter’s right to: (1) vote in a municipal election; (2) participate in a town meeting; and (3) be a candidate and serve, if duly elected, in a municipal elected office.
“town meeting”, an open town meeting or a representative town meeting established pursuant to chapter 43A.
(b) Notwithstanding the provisions of section 1 of chapter 51 or any other general or special law to the contrary, a municipal election official shall enter a noncitizen voter’s name on a list of noncitizen voters upon the noncitizen voter’s submission of a noncitizen voter registration form. Within 5 days of entering the noncitizen voter’s name on the list, the municipal election officer shall notify the noncitizen voter: (1) of the noncitizen voting rights; (2) of the noncitizen voting limitations; and (3) that voting in a federal election may jeopardize the noncitizen’s application for United States citizenship.
(c) For as long as the noncitizen voter remains a resident of the town in which the noncitizen voter has registered to vote, the noncitizen voter may exercise the noncitizen voting rights. A noncitizen voter shall only remain registered to vote in one municipality at a time.
(d) The state secretary shall issue a noncitizen voter registration form. The voter registration form shall include a declaration to be signed under pains and penalties of perjury by the noncitizen voter that the noncitizen is a resident of the municipality in which the noncitizen voter desires to vote.
(e) The state secretary and the election officer of a municipality shall disseminate the noncitizen voter registration form at the same places and in the same manner that the state secretary and election officer of a municipality disseminate the voter registration form for a United States citizen.
(f) The state secretary shall issue regulations to implement this section.
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An Act decoupling the municipal census from voter registration
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H707
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HD3498
| 193
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{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-20T13:08:34.32'}
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[{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-20T13:08:34.32'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-24T09:39:03.86'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:01:43.03'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-06T10:36:22.8533333'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T13:58:31.07'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-15T12:53:41.8'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-17T11:59:31.5133333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T09:37:19.72'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-03-28T16:14:34.18'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-05-23T16:36:17.3066667'}]
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Bill
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By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 707) of Frank A. Moran and others relative to decoupling the municipal census from voter registration. Election Laws.
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SECTION 1. Subsection (c) of section 4 of chapter 51 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “for 2 consecutive years shall result in removal from the active voting list and may result in removal from the voter registration rolls” and inserting in place thereof the following words:- may result in a fine.
SECTION 2. Said chapter 51 is hereby further amended by striking out sections 37, 37A, and 38 and inserting in place thereof the following 2 sections:-
Section 37.
(a) The registrars shall maintain a register of voters, in this chapter sometimes called the register or the annual register, which shall contain the names and addresses of all registered voters in their city or town, and which the state secretary shall reflect in the central registry of voters under section 47C. The registrars shall add to the register the name and address of every person registering to vote under section 33A or 42 or automatically registered under sections 42G½ and 65. They shall correct any error in the register after due investigation, but they shall not remove any name from the register except as subsection (c) provides.
(b) The register shall not include the name of a voter who provides the registrars with a copy of a court order granting protection, or evidence of residence in a protective shelter, or an affidavit signed by a chief of police or designee that the voter is entitled to have certain information withheld from the public under section 24C of chapter 265.
(c) The registrars shall remove a voter’s name and address from the register if and only if:
(1) the voter so requests in writing;
(2) they receive notice from the city or town clerk under section 14 that the voter has died;
(3) they receive official written notice that the voter is incarcerated after conviction of a felony, is disqualified by law because of corrupt practices in respect to elections, or is under guardianship that prohibits voting;
(4) they find that the voter is illegally or incorrectly registered after complaint, notice, and hearing under sections 48 and 49; or
(5) the voter no longer resides in their city or town, as determined under section 38.
(d) The state secretary may adopt regulations to carry out this section and section 38. This section and section 38 apply to every city and town, notwithstanding any general or special law to the contrary.
Section 38.
(a) The registrars shall maintain an inactive voters list under this section. Except during the 90 days immediately before a presidential or regular state primary or biennial state election, the registrars shall remove a voter’s name and address from the register of voters and add it to the inactive voters list, if and only if they receive information that the voter no longer resides in their city or town from:
(1) change-of-address information supplied by the United States Postal Service or its licensee;
(2) the Electronic Registration Information Center, Inc. under section 47C; or
(3) official notice that the voter has registered to vote in another jurisdiction.
(b) If the registrars receive information under subsection (a) showing that the voter has changed residence within their city or town, they shall update the voter’s address in the register accordingly, and shall notify the voter in writing.
(c) Whenever the registrars remove a voter’s name and address from the register of voters and add it to the inactive voters list under subsection (a), they shall mail to the voter at the address in the register notice that the name of the voter may be removed from the voting list if the voter fails to respond to the notice and does not vote during the period ending with the second biennial state election following the mailing of the notice. The notice shall (1) be postage prepaid; (2) contain a preaddressed and postage prepaid return card; (3) be sent by forwardable mail; (4) instruct the voter to return the card before the last day to register if the voter did not change residence from the city or town; and (5) contain additional information about remaining eligible to vote, as prescribed by the state secretary.
(d) A voter whose name is on the inactive voters list may vote on a regular ballot upon the voter’s written affirmation of continued residence in the city or town.
(e) The registrars shall restore to the register of voters the name and address of a voter on the inactive voters list who notifies them in writing of continued residence in the city or town or who votes in any primary or election, applies for a mail ballot, signs a nomination paper or petition for a ballot question, or performs any other official election-related act, using an address in their city or town
(f) After 2 biennial state elections following the mailing of the notice under subsection (c), the registrars shall remove from the inactive voters list the name of a voter that has not been restored to the register under subsection (e). The registrars shall mail forwardable notice to the voter that they have done so, including information about remaining eligible to vote, as prescribed by the state secretary.
SECTION 3. Section 42 of said chapter 51, as appearing in the 2020 Official Edition, is hereby amended by striking out the second sentence.
SECTION 4. Whenever the term “annual register of voters” or “annual register,” meaning the annual register of voters, appears in any statute, charter, regulation, contract, or other document, that term means the register of voters established in section 37 of chapter 51 of the General Laws.
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An Act relative to reprecincting
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H708
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HD3638
| 193
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{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-18T13:00:42.233'}
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[{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-18T13:00:42.2333333'}]
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Bill
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By Representative Moran of Boston, a petition (accompanied by bill, House, No. 708) of Michael J. Moran relative to reprecincting. Election Laws.
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SECTION 1. Section 9A of chapter 9 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting before the first paragraph the following paragraph:-
For the purposes of this section “decennial division” shall mean the decennial division of congressional, representative, senatorial and councillor districts as set forth in sections 1 through 7A, inclusive, of chapter 54.
SECTION 2. Said section 9A of said chapter 9, as so appearing, is hereby amended by adding the following 7 paragraphs:-
The commission shall not approve the division of any city or town into wards and precincts as required by chapter 54 until the final approval by the governor of the enacted decennial division.
The commission shall minimize the approval of sub-precincts and not impose a strict mathematical formula on the population deviation for municipal precincts unless the creation of a sub-precinct is required to meet a plus or minus 10 per cent population deviation for municipal representative districts.
The commission shall provide the state secretary with the meeting notice and minutes of all commission meetings, which shall be posted on the secretary’s website.
The commission shall provide the state secretary an electronic geographic information system shapefile or equivalent containing the population of every city and town ward, precinct and sub-precinct within the boundaries of the approved congressional, councillor, senatorial and representative districts and an ASCII compatible file containing a written description of all changes in the municipality, ward, precinct and county description of each approved congressional, councillor, senatorial and representative districts as will be reported by the
secretary pursuant to section 133 of chapter 54 no later than 30 days after the final approval by the governor of the enacted decennial division and shall be posted on the secretary’s website.
The state secretary will maintain and update any subsequent changes to city and town ward, precinct and sub-precinct and shall post those changes on the secretary’s website.
The state secretary shall establish, implement and maintain an internet portal on the secretary’s website to display and access commission records including but not limited to commission meeting notices, meeting minutes, votes approving municipal ward, precincts and sub-precincts, geographic information system shapefiles of approved voting districts, congressional, councillor, senatorial and representative district descriptions by municipality, including ward and precinct for any municipality split into multiple representative districts, and a complete listing of every precinct as will be reported by the secretary in public document 43 pursuant to section 133 of chapter 54.
The commission shall deliver to the senate president and speaker of the house of representatives, within 7 days following the approval of all municipal wards and precincts as required by chapter 54, an electronic geographic information system shapefile or equivalent containing the population of every city and town ward, precinct and sub-precinct within the boundaries of the approved congressional, councillor, senatorial and representative districts and an ASCII compatible file containing a written description of all changes in the municipality, ward, precinct and county description of each approved congressional, councillor, senatorial and representative district.
SECTION 3. Section 1 of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “In the year 2001, and every tenth year thereafter, no
later than June fifteenth” and inserting in place thereof the words:- No later than 30 days after the final approval by the Governor of the enacted decennial division.
SECTION 4. Said section 1 of said chapter 54, as so appearing, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
The state secretary shall assist towns by producing draft precincts for future submission to the Local Election Districts Review Commission established under section 9A; provided, however, that any such draft map and precincts be compiled and updated into one electronic geographic information system shapefile or equivalent containing the population of every city and town ward, precinct, and sub-precinct and shall deliver said file to the president of the senate and speaker of the house of representatives and shall post the file on the secretary’s website.
SECTION 5. Said chapter 54, as so appearing, is hereby further amended by inserting after section 1 the following section:-
Section 1A. For the purposes of this chapter “decennial division” shall mean the decennial division of congressional, representative, senatorial and councillor districts as set forth in sections 1 through 7A, inclusive.
SECTION 6. Section 2 of said chapter 54, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words “on the thirty-first day of December” and inserting in place thereof the following words:- 14 days prior to the state primary preceding the next biennial election.
SECTION 7. Said section 2 of said chapter 54, as so appearing, is hereby further amended by striking out the second paragraph.
SECTION 8. Section 5 of said chapter 54, as so appearing, is hereby amended by adding the following paragraph:-
Every city, including those cities not subject to sections 1 through section 5, inclusive, of chapter 54, shall deliver to the local election districts review commission established under section 9A of chapter 9 no later than 30 days after the final approval by the governor of the enacted decennial division an electronic geographic information system shapefile or equivalent containing the population of every city and town ward, precinct and sub-precinct within the boundaries of the approved congressional, councillor, senatorial and representative districts and an ASCII compatible file containing a written description of all changes in the municipality, ward, precinct, and county description of each approved congressional, councillor, senatorial and representative district.
SECTION 9. Section 6 of said chapter 54, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “In the year 2001, and every tenth year thereafter, no later than June fifteenth” and inserting in place thereof the words:- No later than 30 days after the final approval by the governor of the enacted decennial division.
SECTION 10. Said section 6 of said chapter 54, as so appearing, is hereby further amended by striking out the sixth paragraph and inserting in place thereof the following paragraph:-
The state secretary shall assist towns by producing draft precincts for future submission to the Local Election Districts Review Commission established under section 9A; provided, however, that any such draft map and precincts be compiled and updated into one electronic geographic information system shapefile or equivalent containing the population of every city and town ward, precinct, and sub-precinct and shall deliver said file to the president of the senate and speaker of the house of representatives and shall post the file on the secretary’s website.
SECTION 11. Section 8 of said chapter 54, as so appearing, is hereby amended by adding the following paragraph:-
Every town including those not subject to sections 6 and section 7 shall deliver to the local election districts review commission established under section 9A of chapter 9 no later than 30 days after the final approval by the governor of the enacted decennial division an electronic geographic information system shapefile or equivalent containing the population of every city and town ward, precinct and sub-precinct within the boundaries of the approved congressional, councillor, senatorial and representative districts and an ASCII compatible file containing a written description of all changes in the municipality, ward, precinct and county description of each approved congressional, councillor, senatorial and representative districts.
SECTION 12. Section 9 of said chapter 54, as so appearing, is hereby amended by inserting after the word “precincts;”, in line 2, the following words:- provided, that such precinct is in a town the territory of which in such formation is not included in 2 or more congressional, representative, senatorial or councillor districts.
SECTION 13. Section 9A of said chapter 54, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
Any precinct established or remaining unchanged following the formation of congressional, councillor, senatorial and representative districts based on the decennial federal census shall remain unchanged and, if such precinct is in a town the territory of which in such formation is included in 2 or more congressional, representative or senatorial districts, shall remain unchanged for the purpose of electing such officers until the next decennial division.
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An Act providing disclosure of political phone calls
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H709
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HD1477
| 193
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{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-18T12:28:39.977'}
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[{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-18T12:28:39.9766667'}]
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Bill
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By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 709) of James M. Murphy relative to providing disclosure of political phone calls and further regulating push polling, so-called. Election Laws.
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SECTION 1: Section 1 of Chapter 55 of the General Laws, as appearing in the 2014 official edition is hereby amended by inserting after the definition of “Ballot Question Committee” the following definition:
"Bona fide survey and opinion research'', The collection and analysis of data regarding opinions, needs, awareness, knowledge, views, experiences, and behaviors of a population, through the development and administration of surveys, interviews, focus groups, polls, observation, or other research methodologies, in which no sales, promotional, or marketing efforts are involved, and through which there is no attempt to influence a participant's attitudes or behavior. Bona fide survey and opinion research includes message testing, which is the study for research purposes of how randomly-selected individuals react to positive or negative information on a candidate, elected public official, or ballot question.
SECTION 2: Section 1 of chapter 55 of the General Laws, as appearing in the 2014 official edition, is hereby amended by inserting after the definition of “political party committee” the following definition:
"Push-polling'', (i) Calling voters on behalf of, in support of, or in opposition to, any candidate for public office by telephone; and (ii) Asking questions related to opposing candidates for public office which state, imply, or convey information about the candidates character, status, or political stance or record; and (iii) Conducting such calling in a manner which is likely to be construed by the voter to be a survey or poll to gather statistical data for entities or organizations which are acting independent of any particular political party, candidate, or interest group as part of a series of like telephone calls that consist of more than 2,000 connected calls that last less than 2 minutes in elections for United States President, United States Senate, United States Congress, Governor of the Commonwealth of Massachusetts, Lieutenant Governor of the Commonwealth of Massachusetts, Treasurer of the Commonwealth of Massachusetts, Secretary of the Commonwealth of Massachusetts, Auditor of the Commonwealth of Massachusetts, or conducting such calling as part of a series of like telephone calls that consist of more than 500 connected calls that last less than 2 minutes in elections for Governor’s council, state senate, state representative, mayor, city councilor or alderman, town councilor or selectman, school district, or village district; and (iv) Conducting such calling for purposes other than bona fide survey and opinion research.
SECTION 3: Chapter 55 of the General Laws, as appearing in the 2014 official edition, is hereby amended by inserting after Section 18G the following section:
Section 18H(a) Any person, association, corporation, labor union or other entity who engages in push-polling, as defined in Section 1 of Chapter 55 of the General Laws, shall, prior to asking any person contacted a question relating to a candidate:
(i) Inform the person that the telephone call is a "paid political advertisement;'' and
(ii) Identify the organization making the call and the organization paying for the call; and
(iii) Provide a valid, current, publicly-listed telephone number for the organization making the call; and
(iv) Identify that the telephone call is being made on behalf of, in support of, or in opposition to a particular candidate or candidates for public office and identify that candidate or candidates by name.
(b) All disclosures required by this section shall be made in a clear and intelligible manner and must be repeated upon request of the call respondent.
(c) A caller may not state or imply false or fictitious names or telephone numbers when providing the disclosures required by this section.
(d) A violation of this section shall be punishable by a fine of not more than $1,000.
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An Act creating a pilot program to explore digital innovation in government
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H71
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HD3960
| 193
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{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T15:42:49.023'}
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[{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T15:42:49.0233333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-22T14:24:23.8'}]
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Bill
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By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 71) of Kate Lipper-Garabedian and Thomas M. Stanley for legislation to establish and implement a pilot program to examine the use of blockchain technology. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. The Massachusetts Technology Collaborative shall, within one year of the effective date of this act, establish and implement a pilot program to examine the use of blockchain technology to support storage of real property records, working with at least one registry of deeds. The pilot program shall test distributed ledger technology as a redundancy-driven concept to be used parallel and as a backup record to the current recording system. The Massachusetts Technology Collaborative and the participating register or registers of deeds shall identify legal impediments that must be modified to accommodate blockchain-based recordation of real property interests.
SECTION 2. Not later than 12 months after the conclusion of the pilot program, the Massachusetts Technology Collaborative shall file a report that includes an evaluation of the pilot and an assessment of the feasibility and advisability of the deployment of blockchain technology to support storage of real property records with the clerks of the house and senate, the joint committee on advanced technology, the internet and cybersecurity, joint committee on municipalities and regional government, joint committee on state administration and regulatory oversight, and the house and senate committees on ways and means.
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An Act increasing voter participation in primary elections
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H710
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HD1569
| 193
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{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-18T15:40:16.443'}
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[{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-18T15:40:16.4433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-21T10:57:29.1366667'}]
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Bill
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By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 710) of James M. Murphy for legislation to establish a special commission (including members of the General Court) to investigate ways to increase voter participation in primary elections. Election Laws.
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SECTION 1: A special commission is hereby established pursuant to section 2A of chapter 4 for the purpose of making an investigation and study relative to increasing voter participation in primary elections. Said commission shall specifically investigate the implementation of a “Top Two Primary system” as well as party convention rules relative to party nominations of candidates, primary election dates, and the elimination of the current party primary election system. The commission shall consist of 2 members of the senate, 1 of whom shall be appointed by the Senate President, 1 of whom shall be appointed by the minority leader, 1 of whom shall act as co-chairperson; 2 members of the house of representatives, 1 of whom shall be appointed by the speaker of the house of representatives, 1 of whom shall be appointed by the minority leader 1, 1 of whom shall act as co-chairperson; the secretary of the commonwealth or their designee; the president of the Massachusetts Town Clerks’ Association or their designee; the president of the Massachusetts City Clerks’ Association or their designee; the executive director of Common Cause Massachusetts or their designee; and 1 person from each of the political parties as defined in section 1 of chapter 50 of the General Laws eligible to conduct primary elections at the next following biennial state election.
Said commission shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerk of the senate and the clerk of the House of Representatives six months after the enactment of this legislation.
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An Act providing a local option for ranked choice voting in municipal elections
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H711
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HD1183
| 193
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-18T11:22:30.613'}
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[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-18T11:22:30.6133333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-04-05T12:36:33.8933333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-07-07T16:01:52.8966667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-06-02T12:42:13.4733333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-05-25T09:06:28.3333333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-10T10:00:00.51'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-02T15:09:54.63'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-14T15:39:15.0566667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-20T20:38:26.6266667'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-04T16:15:34.7333333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-26T07:58:10.32'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T15:50:44.4033333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-06-02T10:32:57.1566667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-03-08T11:25:08.9'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T15:22:43.7933333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-04-11T09:47:10.54'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-05-30T14:23:28.17'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-07T10:24:32.85'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T19:01:56.7633333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T09:25:49.3433333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:46:31.61'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T14:40:53.8233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-17T10:52:25.3466667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-20T10:24:08.69'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-04-18T16:59:11.73'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T09:50:14.79'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T13:02:17.1166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-20T11:30:53.46'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-11T17:08:45.1666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-06T12:22:50.6266667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-04-06T12:35:53.82'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:48:50.7966667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-11T12:50:30.14'}]
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Bill
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By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 711) of Smitty Pignatelli and others relative to providing a local option for ranked choice voting in municipal elections. Election Laws.
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SECTION 1. Section 44A of chapter 43 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in line 7, by inserting after the word “inclusive,” the following words:- and section 103R of chapter 54.
SECTION 2: Section 77 of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out the phrase “marking a cross (X) in the square at the right of the name of each candidate for whom he intends to vote” and inserting in place thereof the following phrase:- “marking the ballot in a manner prescribed by the state secretary”.
SECTION 3: Said chapter 54, as so appearing, is hereby further amended by inserting after section 103Q the following section:-
Section 103R. (a) Notwithstanding any other general or special law to the contrary, in any city or town that accepts this section, a local election may be conducted using ranked choice voting in which voters rank the candidates for an office in order of preference. Ranked choice voting elections may be used for elections with a single winning candidate or multiple winning
candidates. Ranked choice voting elections shall be tabulated in rounds using the single transferable vote method. Winning thresholds shall be calculated based on the number of countable votes and the number of seats to be filled.
General provisions for a single-winner election and a multiple-winner election shall be specified by ordinance or by-law; provided, however, that a voter’s lower ranked choice shall not impact the likelihood of a voter’s higher ranked choice of being elected. The ordinance or by-law shall be enacted by the municipality’s legislative body and the body shall request the input of the registrar of voters and town clerk or city election commissioners. The ordinance shall specify, at a minimum: (i) the method of calculating the winning threshold; (ii) how candidates with the fewest votes shall be eliminated before a subsequent round of the tally; (iii) how a vote for eliminated candidates shall be transferred to the voter's next valid choice; (iv) how a tie shall be resolved; (v) how a ballot that skipped a ranking or is otherwise mismarked shall be counted; and (vi) how a vote above the winning threshold for a candidate shall be transferred to an alternate choices in a multiple-winner election. Preliminary elections for local offices shall not be held in a city or town that has accepted this section.
(b) This section may be accepted by: (i) approval of a ballot measure submitted to the voters by the governing body of the city or town at a regular or special election; (ii) ordinance or by-law; or (iii) charter amendment.
(c) A city or town that accepts this section shall conduct a voter education and outreach campaign to familiarize voters with ranked choice voting.
(d) The ballot shall not interfere with a voter's ability to rank at least 1 write-in candidate.
(e) Not sooner than 4 years after acceptance of this section, a city or town that has accepted this section may return to its prior voting method by: (i) approval of a ballot measure submitted to the voters by the governing body of the city or town at a regular or special election; (ii) ordinance or by-law; or (iii) charter amendment.
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An Act enabling cities and towns to extend voting rights in municipal elections to certain noncitizens of the Commonwealth
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H712
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HD2074
| 193
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T14:41:16.713'}
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[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T14:41:16.7133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H712/DocumentHistoryActions
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Bill
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By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 712) of David M. Rogers for legislation to enable cities and towns to extend voting rights in municipal elections to certain non-citizens of the Commonwealth. Election Laws.
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SECTION 1. Chapter 51 of the General Laws is hereby amended by inserting after section 1F the following section:–
Section 1G. (a) Sections 1G, inclusive, shall take effect in any city or town upon the approval by the legislative body and acceptance by the voters of a ballot question as set forth in this section.
(b)(1) Notwithstanding the provisions of section one of chapter fifty-one of the general laws or any other general or special law to the contrary, non-citizens, 18 years of age or older, residing in a city or town that accepts section 1G, inclusive, may upon application have their names entered on a list of voters established by the municipal election officials, and may thereafter vote in any municipal election for school committee, school committee questions, city council and board of selectmen for so long as they remain domiciled in the municipality.
(2) The election officers of a municipality that accepts the provisions of section 1G, inclusive, are authorized to formulate regulations, guidelines, and registration forms to implement the purpose of this act. The voter registration forms shall include a declaration to be signed under pains and penalties of perjury by the non-citizen voter that: 1) s/he is residing in the municipality; 2) s/he intends in good faith to become a U.S. citizen and intends to begin that process, if eligible.
(3) Nothing in this act shall be construed to confer upon non-citizens the right to vote for any state or federal office or any state or federal ballot questions.
(c)(1) Upon approval by the legislative body, the action of the body shall be submitted for acceptance to the voters of a city or town at its next regular municipal or state election. The city or town clerk or the state secretary shall place it on the ballot in the form of the following question:
"Shall (city or town) accept section 1G, inclusive, of chapter 51 of the General Laws, as approved by its legislative body, a summary of which appears below''
(Set forth here a fair, concise summary and purpose of the law to be acted upon, as determined by the city solicitor or town counsel.)
(2) If a majority of the voters voting on said question vote in the affirmative, then its provisions shall take effect in the city or town after 90 days, but not otherwise.
(3) The final date for notifying or filing a petition with the city or town clerk or the state secretary to place such a question on the ballot shall be 35 days before the city or town election or 60 days before the state election.
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An Act relative to the qualification of voters
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H713
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HD3961
| 193
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T09:17:21.8'}
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[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T09:17:21.8'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H713/DocumentHistoryActions
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Bill
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By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 713) of David M. Rogers for legislation to further define felony convictions as relates to the disqualification of voters. Election Laws.
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Section 1 of chapter 51 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “conviction”, in line 3, the following words:- for a violation of section 13, 13b, 13b ½, 16 or 24 of chapter 265 or for which the person may be punished by imprisonment in a state prison for life.
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An Act relative to ranked choice voting in the city of Northampton
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H714
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HD52
| 193
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{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-04T17:52:12.51'}
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[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-04T17:52:12.51'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-05T14:49:25.1266667'}]
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-04T17:52:12.51'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H714/DocumentHistoryActions
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Bill
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By Representative Sabadosa of Northampton and Senator Comerford, a joint petition (accompanied by bill, House, No. 714) of Lindsay N. Sabadosa and Joanne M. Comerford (with the approval of the mayor and city council) relative to ranked choice voting in the city of Northampton. Election Laws. [Local Approval Received.]
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SECTION 1. Section 1 of chapter 277 of the acts of 2012, as amended by chapter 40 of the acts of 2021, is hereby further amended by striking out article 8 and inserting in place thereof the following article:
ARTICLE 8
ELECTIONS
SECTION 8–1 REGULAR CITY ELECTION
The regular city election shall be held on the first Tuesday following the first Monday in November in each odd-numbered year.
SECTION 8–2: BALLOT POSITION, REGULAR CITY ELECTION
The order in which names of candidates for each office appear on the ballot shall be determined by a drawing, by lot, conducted by the city clerk on the fourth Tuesday in September prior to the regular city election. In the event that there is no preliminary election in advance of a special city election, the drawing shall be conducted on the sixth Tuesday prior to the special city election. The drawing shall be open to the public.
SECTION 8–3: NON–PARTISAN ELECTIONS
All elections for city offices shall be non-partisan and election ballots shall be printed without any party mark, emblem or other political designation.
SECTION 8–4: WARDS
The territory of the city shall be divided into 7 wards by the city clerk to consist of nearly an equal number of inhabitants as it is possible to achieve based on compact and contiguous territory, bounded as far as possible by the center line of known streets or ways or by other well-defined limits. Each ward shall be composed of voting precincts established under the General Laws. The city council shall review these wards to ensure uniformity in the number of inhabitants at least once every 10 years.
SECTION 8–5: RANKED CHOICE VOTING
(a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:
"Batch elimination," is the simultaneous defeat of multiple candidates.
"Concluded ballot," a ballot that does not rank any continuing candidate.
"Continuing candidate," a candidate who has not been defeated or elected.
"Election threshold," the number of votes sufficient for a candidate to be elected in a multi-seat election. It is calculated by dividing the total number of votes counting for the continuing candidates in the first round by the sum of the number of seats to be elected and 1, disregarding any fractions, and then adding 1.
"Highest-ranked continuing candidate," the continuing candidate with the highest ranking on a voter's ballot. Where a ballot omits 1 or more ranks, the next highest ranking shall be used for determining the highest-ranked continuing candidate.
"Ranked choice voting," a method of casting and tabulating ballots in which voters rank candidates for office in order of preference.
"Last-place candidate," (i) the candidate with the lowest vote total in a round of the ranked-choice voting tabulation; or (ii) a candidate that is defeated in batch elimination.
"Overvote," a circumstance in which a voter ranks more than 1 candidate at the same ranking.
"Ranking," means the number assigned on a ballot by a voter to a candidate to express the voter's preference for that candidate. Ranking number 1 shall be the highest ranking, ranking number 2 shall be the next-highest ranking, and so on.
"Surplus fraction," the number equal to the difference between an elected candidate's vote total and the election threshold, divided by the candidate's vote total.
"Transfer value," the proportion of the vote that a ballot will count to its highest-ranked continuing candidate. Each ballot shall begin with a transfer value of 1. If a ballot counts to the election of a candidate under subsection (d)(1), it receives a lower transfer value.
(b) All city offices shall be elected by ranked choice voting. No candidate shall have the words "candidate for reelection" printed next to that candidate's name on the election ballot. Ranked choice voting elections shall be tabulated in rounds pursuant to this section.
(c) In any single-seat election, each round shall begin by counting the number of votes for each continuing candidate. Each ballot shall count as 1 vote for its highest-ranked continuing candidate. Concluded ballots shall not be counted for any continuing candidate. Each round shall end with 1 of the following 2 outcomes:
(1) If there are more than 2 continuing candidates, the last-place candidate shall be defeated or the last-place candidates shall be defeated in batch elimination, and a new round shall begin; or
(2) If there are 2 continuing candidates, the candidate with the fewest votes shall be defeated, the candidate with the most votes shall be elected, and tabulation shall be complete.
(d) In any multi-seat election, each round shall begin by counting the number of votes for each continuing candidate. Each ballot shall count, at its current transfer value, for its highest-ranked continuing candidate. Concluded ballots shall not count for any continuing candidate. In the first round only, the election threshold shall then be calculated. Each round shall end with 1 of the following 3 outcomes:
(1) If at least 1 candidate has more votes than the election threshold, then all such candidates shall be elected. Each ballot counting for an elected candidate shall be assigned a new transfer value by multiplying the ballot's current transfer value by the surplus fraction for the candidate. Each elected candidate shall be deemed to have a number of votes equal to the election threshold in all future rounds, and a new round shall begin;
(2) If no candidate has more votes than the election threshold and the sum of the number of elected candidates and continuing candidates is more than the sum of seats to be elected and 1, the last-place candidate shall be defeated or the last-place candidates shall be defeated in batch elimination, and a new round shall begin; or
(3) Otherwise, the continuing candidate with the fewest votes shall be defeated, all other continuing candidates shall be elected, and tabulation is complete.
(e) Batch elimination shall apply to the largest possible group of continuing candidates such that the sum of the votes of candidates in the group is less than the individual number of votes of every continuing candidate not in the group, and provided that the number of continuing candidates not in the group is at least 1 more than the remaining number of positions to elect.
(f) If 2 or more last-place candidates are tied and batch elimination does not apply, the candidate with the fewest votes in the prior round shall be defeated. If 2 or more such tied candidates were tied in the prior round, the second tie shall be decided by referring similarly to the standing of the candidates, in terms of votes, in the second-prior round. This process shall be applied successively as many times as necessary, a tie shown in any prior round shall be decided by referring to the standing of the candidates in the round immediately preceding the tie.
(g) The city clerk, subject to the approval of the city council, shall establish and maintain procedures for ranked choice voting ballot and tabulation processes necessary to ensure the integrity and smooth functioning of the election, provided that ranked choice voting shall still be used and the fewest number of changes are made to achieve such purpose.
SECTION 8–6: APPLICATION OF STATE GENERAL LAWS
Except as otherwise expressly provided in this charter and authorized by law, all city elections shall be governed by the laws of the commonwealth relating to the right to vote, the registration of voters, the nomination of candidates, voting places, the conduct of regular and special city elections, the submission of charters, charter amendments and other propositions to the voters, the counting of votes, the recounting of votes and the determination of results.
SECTION 2. The following question shall be placed on the ballot to be used at a regular state or municipal election or at special election called for the purpose of presenting the question to the voters: Shall an act entitled "An Act Relative to Ranked Choice Voting in the City of Northampton" be accepted?
The city solicitor shall prepare the summary of the proposed amendment to the special act charter of the city of Northampton, which shall appear on the ballot along with the question provided in this section.
If a majority of votes cast in answer to the question is in the affirmative, the city shall be taken to have accepted the amendment to the charter of the city of Northampton, but not otherwise.
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An Act amending the special act charter of the city of Northampton to allow resident non-citizens to vote in preliminary and city elections
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H715
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HD55
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{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-04T17:37:33.913'}
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[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-04T17:37:33.9133333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-05T14:53:34.6233333'}]
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-04T17:37:33.913'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H715/DocumentHistoryActions
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Bill
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By Representative Sabadosa of Northampton and Senator Comerford, a joint petition (accompanied by bill, House, No. 715) of Lindsay N. Sabadosa and Joanne M. Comerford (with the approval of the mayor and city council) relative to amending the charter of the city of Northampton to allow resident non-citizens to vote in preliminary and city elections. Election Laws. [Local Approval Received.]
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Chapter 277 of the Acts of 2012, shall be amended as follows:
SECTION 1. Amend article 8 by inserting as article 8-6 the following: “QUALIFICATION FOR VOTING. Every resident of the city or, in the case of an election for ward councilor or ward school committee member, every resident of the ward, whether a citizen or noncitizen, who is not otherwise disqualified from voting under state law, shall be qualified to vote in all preliminary elections, special elections and regular city elections.”, and by renumbering article 8-6 to 8-7 and article 8-7 to 8-8.
This act shall take effect upon its passage.
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An Act amending the special act charter of the city of Northampton to allow residents sixteen years of age or older to vote in preliminary and city elections
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H716
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HD56
| 193
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{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-04T17:58:52.61'}
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[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-04T17:58:52.61'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-05T14:57:10.5433333'}]
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-04T17:58:52.61'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H716/DocumentHistoryActions
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Bill
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By Representative Sabadosa of Northampton and Senator Comerford, a joint petition (accompanied by bill, House, No. 716) of Lindsay N. Sabadosa and Joanne M. Comerford (with the approval of the mayor and city council) relative to amending the charter of the city of Northampton to allow residents sixteen years or age or older to vote in preliminary and city elections. Election Laws. [Local Approval Received.]
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Chapter 277 of the Acts of 2012, shall be amended as follows:
SECTION 1. Amend article 8 by inserting as article 8-6 the following: “QUALIFICATION FOR VOTING. Every resident of the city or, in the case of an election for ward councilor or ward school committee member, every resident of the ward, sixteen years of age or older, who is not otherwise disqualified from voting under state law, shall be qualified to vote in all preliminary elections, special elections and regular city elections" and by renumbering article 8-6 to 8-7 and article 8-7 to 8-8.
This act shall take effect upon its passage.
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An Act improving fiscal transparency
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H717
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HD1511
| 193
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{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-18T14:40:59.707'}
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[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-18T14:40:59.7066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:15:42.5633333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-24T15:06:32.9733333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-03T13:08:05.0366667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:03:42.1'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H717/DocumentHistoryActions
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Bill
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By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 717) of Lindsay N. Sabadosa and others relative to ballot question fiscal transparency. Election Laws.
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SECTION 1: Section 53 of Chapter 54 of the General Laws as appearing in the Official Edition of 2020 is hereby amended by inserting in line 17 after the word “administration” the following words “and in consultation with both the attorney general and the secretary of state”.
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An Act relative to early voting cost reimbursements
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H718
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HD140
| 193
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{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-10T13:18:06.797'}
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[{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-10T13:18:06.7966667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:14:39.2466667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T21:25:44.1733333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T14:28:56.13'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-20T11:38:40.0666667'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-20T07:57:48.4366667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-30T16:16:32.6333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H718/DocumentHistoryActions
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Bill
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By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No. 718) of Adam Scanlon and others relative to early voting cost reimbursements for cities and towns. Election Laws.
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SECTION 1. Section 25B of chapter 54 of the General Laws is hereby amended by inserting after subsection (q) the following subsection:
(r) the commonwealth shall pay to each city and town an amount sufficient to defray the mandated costs imposed on the city or town under the provisions of this section, including additional personnel hired to staff the mandated early voting polling location, hourly municipal staff working outside their normal business hours to staff the mandated early voting polling location, overtime for hourly municipal staff working beyond regular hours to setup or take down early voting polling locations, overtime for hourly municipal staff working beyond regular hours to input data into the secretary of state’s Voter Registration Information System, the cost of voting booths, and the cost of privacy screens. In every year not later than September fifteenth, the state auditor shall determine and deliver to the state secretary a statement of the incremental costs attributed to this section and estimated to be incurred by each city and town in the next fiscal year. The state secretary shall include in his budget recommendations for such fiscal year a request for an appropriation in an amount equal to such estimated costs, and shall distribute to each city or town its share of any such appropriated funds not more than thirty days prior to the date upon which said costs shall be incurred by the city or town. Funds so distributed to each city or town shall be deposited in the general fund of the city or town and shall be expended without further appropriation by the city or town to meet the costs incurred by it under the provisions of this act.
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An Act relative to certain county elections for certain vacancies
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H719
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HD440
| 193
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{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-12T17:29:37.45'}
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[{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-12T17:29:37.45'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H719/DocumentHistoryActions
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Bill
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By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 719) of William M. Straus relative to elections to fill vacancies in certain county positions. Election Laws.
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Chapter 54 of the General Laws is hereby amended by striking out Section 142 and inserting in place thereof the following section:
Section 142. Notwithstanding any general or special law or rule or regulation to the contrary, upon failure to elect or upon a vacancy in the office of district attorney, register of probate, sheriff, clerk of the courts or in Suffolk county, of the supreme judicial or superior court, at any time preceding the last nine calendar months of the term, the governor shall cause precepts to be issued to the proper officers directing them to call an election within 120 days for the election of said officer.
Upon a vacancy in the office of district attorney, registrar of probate or sheriff, the first assistant district attorney, the first assist ant registrar of probate or the special sheriff, as the case may be, shall assume the duties of the office until a district attorney, registrar of probate or sheriff is elected and qualified.
Upon a vacancy in the office of clerk of the courts in any county, or of the clerk of the supreme judicial court in Suffolk county, the justices of said court may appoint a clerk to hold the office until a clerk is qualified.
Upon a vacancy in the office of a clerk of the superior court in Suffolk county, the justices of said court may appoint a clerk to hold the office until a clerk is qualified.
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An Act to protect against deep fakes used to facilitate criminal or torturous conduct
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H72
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HD2298
| 193
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{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:31:31.617'}
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[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:31:31.6166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H72/DocumentHistoryActions
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Bill
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By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 72) of Jay D. Livingstone for legislation to establish a Massachusetts state deepfake and digital provenance task force (including members of the General Court) to protect against deep fakes used to facilitate criminal or torturous conduct. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1.
(a) Definitions — The following definitions shall apply to this measure:
(1) Digital Content Provenance- The term “digital content provenance” means the verifiable chronology of the original piece of digital content, such as an image, video, audio recording, or electronic document.
(2) Digital Content Forgery – The term “digital content forgery” means the use of technologies, including artificial intelligence and machine learning techniques, to fabricate or manipulate audio, visual, or text content with the intent to mislead.
(3) Task Force—the term “task force” means the (Title of the working group/taskforce) established in Section 2.
SECTION 2.
(a) The Governor shall appoint a “Massachusetts State Deepfake and Digital Provenance Task Force” and designate the chairperson of that group on or before July 1, 2023, to evaluate all of the following:
(1) The proliferation of deepfakes impacting state government, Massachusetts-based businesses, and residents.
(2) The risks, including privacy risks, associated with the deployment of digital content forgery technologies and deepfakes on Massachusetts State and local government, businesses, and Massachusetts residents.
(3) The impact of digital content forgery technologies and deepfakes on civic engagement, including voters.
(4) The legal implications associated with the use of digital content forgery technologies and deepfakes.
(5) The best practices for preventing digital content forgery and deepfake technology to benefit the State of Massachusetts, Massachusetts-based businesses, and Massachusetts residents.
(b) The task force shall consist of participants from all of the following:
(1) The governor shall appoint:
a. Three appointees from private industry, with at least two having a technical focus that includes digital content, media manipulation, or related subjects.
b. Two appointees with a background in law chosen in consultation with the Attorney General.
c. Two appointees representing consumer organizations
(2) The Speaker of the House and Senate President shall each appoint the following:
a. One appointee from private industry, having a technical focus that includes digital content, media manipulation, or related subjects.
b. One Majority and One Minority Member of their respective chambers
(4) The Secretary of the Executive Office of Technology Services and Security, or his or her designee.
(5) Secretary of Administration and Finance, or his or her designee.
(c) The deepfake task force shall take input from a broad range of stakeholders with a diverse range of interests affected by state policies governing emerging technologies, privacy, business, the courts, the legal community, and state government.
(d) The Deepfake and Digital Provenance Task Force shall develop a coordinated plan to-
(1) Reduce the proliferation and impact of digital content forgeries and deepfakes, including by exploring how the adoption of a digital content provenance standard could assist with reducing the proliferation of digital content forgeries and deepfakes;
(2) Investigate the feasibility of, and obstacles to, Massachusetts state departments standards and technologies for determining digital content provenance;
(3) Investigate the feasibility of conducting a public, consumer education campaign to Increase the ability of internet companies, journalists, watchdog organization, other relevant entities, and members of the public to meaningfully scrutinized and identify digital content forgeries and relay trust and information about digital content provenance to content consumers;
(4) Develop or identify mechanisms for content creators to do the following:
(i) Cryptographically certify authenticity of original media and non-deceptive manipulations; and
(ii) Enable the public to validate the authenticity of original media and non-deceptive manipulations to establish content provenance; and
(e) On or before January 1, 2024, the “Deepfake and Digital Provenance Task Force” shall report to the Legislature on the potential uses, risks of deepfake technology by state government and Massachusetts-based businesses.
(1) The working group’s report shall include recommendations for modifications to the definition of digital content forgery and deepfakes and recommendations for amendments to other code sections that may be impacted by the deployment of digital content forgery technologies and deepfakes.
(f) The members of the working group shall serve without compensation but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.
(g) Upon the submission of the report, the Task Force shall sunset.
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An Act establishing identification at the voting polls
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H720
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HD1293
| 193
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{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:09:14.947'}
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[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:09:14.9466667'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-15T14:41:45.59'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-31T11:02:33.1333333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:30:31.7166667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:55:29.17'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:04:36.5666667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:06:53.2533333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-14T15:19:33.05'}]
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Bill
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By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 720) of Alyson M. Sullivan-Almeida and others relative to establishing identification at the voting polls. Election Laws.
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SECTION 1. Chapter 51 of the General Laws is hereby amended by adding the following section:-
Section 67. The state secretary shall issue, upon request and at no cost to the voter, a photo identification card to be used for voting purposes only. Upon determination that a person meets the qualifications of a voter described in section 1, the secretary photograph the voter, and said photograph shall appear on the voting identification card and be a straightforward looking view of the voter without eyeglasses. The identification card shall be clearly marked “FOR VOTING PURPOSES ONLY.”
SECTION 2. Chapter 54 of the General Laws is hereby amended by striking out section 76B and inserting in place thereof the following section:-
Section 76B. Any person who seeks to vote in a federal, state, local or primary election shall establish their qualification to vote by providing a valid photo identification card, MassHealth card or Medicare card to an election officer prior to voting. Acceptable forms of photo identification shall be a voting identification card issued pursuant to section 67 of chapter 51, current driver’s license, government employee identification card, pilot’s license, military identification, state identification card issued pursuant to section 8E of chapter 90 or United States passport.
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An Act relative to voting rights
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H721
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HD3938
| 193
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{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T15:28:34.93'}
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[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T15:28:34.93'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T15:29:46.9866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T12:16:11.48'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T12:16:11.48'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-04-04T14:59:41.9166667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-04-04T14:58:42.72'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-04-04T14:57:52.1166667'}]
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T15:28:34.93'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H721/DocumentHistoryActions
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Bill
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By Representatives Tyler of Boston and Domb of Amherst, a petition (accompanied by bill, House, No. 721) of Chynah Tyler, Mindy Domb and others relative to voting rights for convicted felons. Election Laws.
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SECTION 1. Section 1 of chapter 50 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 138 and 139, the following words:- “, except if by reason of a felony conviction”.
SECTION 2. Section 1 of chapter 51 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3, the following words:- “or incarcerated in a correctional facility due to a felony conviction,”.
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An Act to limit political spending by foreign-influenced corporations
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H722
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HD1463
| 193
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{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-17T13:20:54.463'}
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[{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-17T13:20:54.4633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T12:31:00.4'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T09:57:33.77'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T16:52:20.52'}]
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Bill
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By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 722) of Erika Uyterhoeven and others relative to limiting political spending by foreign-influenced corporations. Election Laws.
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SECTION 1. Section 1 of Chapter 55 is hereby amended by inserting the following definitions:--
“Chief executive officer”, the highest-ranking officer or decision-making individual with authority over the corporation’s affairs.
“Corporation”, a for-profit corporation, company, limited liability company, limited partnership, business trust, business association, or other similar for-profit entity.
“Foreign-influenced corporation”, a corporation for which at least one of the following conditions is met: (1) a single foreign owner holds, owns, controls, or otherwise has direct or indirect beneficial ownership of one percent or more of the total equity, outstanding voting shares, membership units, or other applicable ownership interests of the corporation; (2) two or more foreign owners, in aggregate, hold, own, control, or otherwise have direct or indirect beneficial ownership of five percent or more of the total equity, outstanding voting shares, membership units, or other applicable ownership interests of the corporation; or (3) a foreign owner participates directly or indirectly in the corporation’s decision-making process with respect to the corporation’s political activities in the United States.
“Foreign investor”, a person or entity that (1) holds, owns, controls, or otherwise has direct or indirect beneficial ownership of equity, outstanding voting shares, membership units, or other applicable ownership interests of a corporation, and (2) is a government of a foreign country, or a foreign political party, or a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country, or an individual outside the United States who is not a citizen of the United States or a national of the United States and who is not lawfully admitted for permanent residence.
“Foreign owner”, (1) a foreign investor or (2) a corporation wherein a foreign investor holds, owns, controls, or otherwise has directly or indirectly acquired a beneficial ownership of equity or voting shares in an amount that is equal to or greater than 50 percent of the total equity or outstanding voting shares.
SECTION 2. Section 8 of said Chapter 55 is hereby amended by inserting after the second paragraph the following new paragraphs:--
No foreign-influenced corporation shall make an independent expenditure, or an electioneering communication expenditure, or a contribution to an independent expenditure PAC as defined in Section 18A, or a contribution to a ballot question committee, or an expenditure for the purpose of promoting or opposing a charter change, referendum question, constitutional amendment, or other question submitted to the voters.
Any corporation that makes an independent expenditure, or an electioneering communication expenditure, or a contribution to an independent expenditure PAC as defined in section 18A, or a contribution to a ballot question committee, or an expenditure for the purpose of promoting or opposing a charter change, referendum question, constitutional amendment, or other question submitted to the voters shall, within 7 business days after making such expenditure or contribution, file with the director, a statement of certification, signed by the chief executive officer under penalty of perjury, avowing that, after due inquiry, the corporation was not a foreign-influenced corporation on the date such expenditure or contribution was made.
SECTION 3. Section 18G of Chapter 55 is further amended by inserting after the second sentence of paragraph two the following:--
Unless the individual, corporation, group, association, labor union or other entity making the independent expenditure or electioneering communication has received a statement of certification from each person or entity required to be listed in the top contributors, avowing under penalty of perjury that none of the funds used to make each such person or entity’s contribution were derived from foreign-influenced corporations, the advertisement or communication shall also include the statement: “Some of the funds used to pay for this message may have been provided by foreign-influenced corporations.” The individual, corporation, group, association, labor union or other entity making the independent expenditure or electioneering communication shall be entitled to rely on such a statement of certification provided by the contributor, unless the individual, corporation, group, association, labor union or other entity has actual knowledge that such certification is false.
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An Act expanding voting access for college and university students
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H723
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HD1473
| 193
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{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-17T12:08:27.4'}
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[{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-17T12:08:27.4'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-07-10T19:56:22.36'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H723/DocumentHistoryActions
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Bill
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By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 723) of Erika Uyterhoeven relative to the designation of polling places. Election Laws.
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Section 24 of Chapter 54 of the general laws, is hereby amended, by striking out Section 24, as so appearing, and inserting in place thereof the following section:
Section 24: Designation of Polling Places
(a) Municipal legislatures, except where charters provide otherwise, shall, twenty days at least before the biennial state or annual or biennial city election and ten days at least before any special election of a state or city officer therein, designate the polling place for each voting precinct and cause it to be suitably fitted up and prepared therefor. In a city or town which has provided voting booths such booths may be placed in the public ways of such city or town, provided said ways are left reasonably safe and convenient for public travel. It shall be in a public, orderly, and convenient portion of the precinct; provided, however that if the municipal legislature determines that the public convenience would be better served, the municipal legislature may designate a polling place in an adjacent precinct of a city or town or may house all polling places in a single building within the town. In any city or town, if the polling places for two or more precincts are located in the same building and the total number of registered voters in any such two or more precincts does not exceed three thousand, only one set of election officers need be appointed for such precincts, but separate ballot boxes and voting lists for each precinct shall be used. If, in a town of five precincts or less, all of which are located in one building, the municipal legislature so votes, only one warden need be appointed to supervise all such precincts, and the number of inspectors shall be determined by the municipal legislature, without disturbing the balance between the political parties. There shall, however, be one clerk appointed for each such precinct.
(b) Any precinct containing an institution for higher education, as defined in Chapter 15C Section 3 of the general laws, with more than one thousand students, faculty or staff, who are eligible to register to vote in the precinct, shall designate a polling place within one-half mile of the institution for higher education. If a precinct contains a public institution for higher education, as defined in Chapter 15A, Section 5, the public institution for higher education, upon request from the election clerk, shall provide without charge to the municipality a facility for use as a polling place that meets all applicable requirements under Section 24 and as established by the Elections Division.
(c) Alcoholic beverages shall not be sold in any portion of a building which is designated as a polling place, during voting hours or while ballots are being counted therein.
(d) When the polling places have been designated in the city of Boston, the board of election commissioners of said city may post in such places as it may determine a printed description of the polling places designated and may give further notice thereof; and when the polling places have been designated in any other city or in any town, the municipal legislature of such city in at least five public places in each precinct thereof, and the municipal legislature of such town in at least three public places in each precinct thereof, shall forthwith post a printed description of the polling places designated and may give further notice thereof.
(e) When a polling place in a voting precinct is changed from one location to another, the board of election commissioners in the city of Boston, the municipal legislature in any other city or town shall cause printed descriptions of such polling place to be posted in such public places in such precinct as they determine and shall give notice by mail to each residence of one or more registered voters therein.
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An Act relative to voting rights restoration
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H724
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HD3153
| 193
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{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-20T10:13:06.78'}
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[{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-20T10:13:06.78'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-01T12:32:24.6033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T12:32:24.6033333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-04T20:17:14.6066667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-10T11:01:39.5733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T13:28:46.0933333'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-05-02T13:42:08.9733333'}]
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Bill
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By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 724) of Erika Uyterhoeven and others for legislation to restore voting rights to incarcerated felons. Election Laws.
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SECTION 1. Section 1 of chapter 50 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 138 and 139, the following words:- “, except if by reason of a felony conviction”.
SECTION 2. Section 1 of chapter 51 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3, the following words:- “or incarcerated in a correctional facility due to a felony conviction,”.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to restore voting rights to incarcerated felons,, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act ensuring municipal power over whether elections are reformed
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H725
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HD904
| 193
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{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-17T15:12:59.5'}
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[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-17T15:12:59.5'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-17T15:12:59.7666667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T16:49:55.4933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T15:21:30.56'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T09:23:38.7433333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:45:23.8766667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T14:41:45.5466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T09:48:36.99'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:48:20.8733333'}]
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{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-17T15:12:59.5'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H725/DocumentHistoryActions
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Bill
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By Representatives Vargas of Haverhill and Fernandes of Falmouth, a petition (accompanied by bill, House, No. 725) of Andres X. Vargas, Dylan A. Fernandes and others relative to municipal elections. Election Laws.
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SECTION 1. Section 44A of chapter 43 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “inclusive,” in line 7, the following words:- and section 103R of chapter 54.
SECTION 2: Section 77 of chapter 54 of the General Laws is hereby amended by striking the phrase “marking a cross (X) in the square at the right of the name of each candidate for whom he intends to vote” and inserting in place thereof the following phrase: “marking the ballot in a manner prescribed by the state secretary”.
SECTION 3: Said chapter 54 is hereby further amended by inserting after section 103Q the following section:-
Section 103R. (a) Notwithstanding any other general or special law to the contrary, in any city or town that accepts this section, a local election may be conducted using ranked choice voting in which voters rank the candidates for an office in order of preference. Ranked choice voting elections may be used for elections with a single winning candidate or multiple winning candidates. Ranked choice voting elections shall be tabulated in rounds using the single transferable vote method. Winning thresholds shall be calculated based on the number of countable votes and the number of seats to be filled.
General provisions for a single-winner election and a multiple-winner election shall be specified by ordinance or by-law; provided, however, that a voter’s lower ranked choice shall not impact the likelihood of a voter’s higher ranked choice of being elected. The ordinance or by-law shall be enacted by the municipality’s legislative body and the body shall request the input of the registrar of voters and town clerk or city election commissioners. The ordinance shall specify, at a minimum: (i) the method of calculating the winning threshold; (ii) how candidates with the fewest votes shall be eliminated before a subsequent round of the tally; (iii) how a vote for eliminated candidates shall be transferred to the voter's next valid choice; (iv) how a tie shall be resolved; (v) how a ballot that skipped a ranking or is otherwise mismarked shall be counted; and (vi) how a vote above the winning threshold for a candidate shall be transferred to an alternate choices in a multiple-winner election. Preliminary elections for local offices shall not be held in a city or town that has accepted this section.
(b) This section may be accepted by: (i) approval of a ballot measure submitted to the voters by the governing body of the city or town at a regular or special election; (ii) ordinance or by-law; or (iii) charter amendment.
(c) A city or town that accepts this section shall conduct a voter education and outreach campaign to familiarize voters with ranked choice voting.
(d) The ballot shall not interfere with a voter's ability to rank at least 1 write-in candidate.
(e) Not sooner than 4 years after acceptance of this section, a city or town that has accepted this section may return to its prior voting method by: (i) approval of a ballot measure submitted to the voters by the governing body of the city or town at a regular or special election; (ii) ordinance or by-law; or (iii) charter amendment.
SECTION 4. Chapter 51 of the General Laws is hereby amended by inserting after section 1F the following section:- Section 1G. Every citizen 16 or 17 years of age, who is a resident in the city or town where he or she claims the right to vote at the time he or she registers, and who has complied with the requirements of this chapter, may have his or her name entered on the list of voters in a city or town accepting this section in the manner provided in section 4 of chapter 4, and may vote therein in any election for officers in such city or town.
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An Act protecting elections using risk-limiting audits
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H726
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HD2980
| 193
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{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-19T19:35:41.943'}
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[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-19T19:35:41.9433333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T09:23:02.5'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T09:47:57.4833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T13:01:48.3166667'}]
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Bill
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By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 726) of Andres X. Vargas and others relative to requiring risk-limiting election audits. Election Laws.
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Chapter 54 of the General Laws is hereby amended by striking out section 109A and inserting in place thereof the following section:-
Section 109A. (a) As used in this section, the following terms shall have the following meanings:
"Audit unit", a precinct, a set of ballots, or a single ballot. A precinct, a set of ballots, or a single ballot may be used as an audit unit for purposes of this section only if:
(i) the relevant vote tabulating device is able to produce a report of the votes cast in the precinct, set of ballots, or single ballot; and
(ii) each ballot is assigned to not more than 1 audit unit.
"Contest", an election for an office or for a ballot question.
"Risk-limiting audit", a manual tally employing a statistical method that ensures a large, predetermined minimum chance of requiring a full manual tally whenever a full manual tally would show an electoral outcome that differs from the outcome reported by the vote tabulating system for the audited contest. A risk-limiting audit shall begin with a hand tally of the votes in 1 or more audit units and shall continue to hand tally votes in additional audit units until there is strong statistical evidence that the electoral outcome is correct. If counting additional audit units does not provide statistical evidence to 95 per cent certainty that the electoral outcome is correct, the audit shall continue until there has been a full manual tally to determine the correct electoral outcome of the audited contest.
"Unofficial final results", election results determined under sections 105 and 105A.
(b) The state secretary, in conjunction with the registrars, shall conduct risk-limiting audits after every regular state primary and biennial state election under this section.
(c) The audit program shall be conducted as follows:
(1) The following contests are subject to a risk-limiting audit if more than 1 candidate's name appears on the ballot: (i) president and vice president, representative in congress, senator in congress, governor, representative in the general court and senator in the general court; and (ii) 1 statewide ballot question, if any appear on the ballot, chosen by random drawing. The state secretary may include other contests if the secretary determines there is a substantial public interest in doing so.
(2) The state secretary shall audit units selected in a random, publicly verifiable, non-computerized drawing supervised by the state secretary within 48 hours after polls are closed. The drawing shall be fully observable to the public and representatives of each political party and shall use a procedure that can be easily understood to be random by members of the public. Notice of the time and place of the drawing shall be given at least 10 days before the election on the website of the state secretary.
(3) The state secretary shall make available to the public a report of the vote tabulating device results for the contest, including the results for each audit unit in the contest, before the random selection of audit units to be manually tallied and before the commencement of the audit.
(4) The state secretary in conjunction with the registrars shall conduct the audit upon tabulation of the unofficial final results.
(5) The state secretary in conjunction with the registrars shall conduct the audit in public view by manually counting the ballots according to regulations adopted by the state secretary.
(d) If a risk-limiting audit of a contest leads to a full manual tally of the ballots cast using the voting system, the vote counts according to that manual tally shall replace the vote counts reported for the purpose of determining the official contest results.
(e) The results of any audits conducted under this section shall be published on the website of the state secretary within 48 hours of being completed. If the audit involved a manual tally of 1 or more entire precincts, then the names and numbers of all precincts audited and a comparison of the vote tabulator results with the hand counts for each precinct shall be published with the audit results on the website.
(f) Any audit required under this section shall not commence for an election subject to a recount under section 135.
(g) The state secretary shall prepare and publish on the secretary’s website a comprehensive report of the results of audits under this section, not later than January 15 after a biennial state election.
(h) The state secretary shall adopt regulations and procedures to carry out this section.
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An Act relative to how Electoral College votes are delegated
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H727
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HD2052
| 193
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{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-19T10:02:33.773'}
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[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-19T10:02:33.7733333'}]
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Bill
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By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 727) of Marcus S. Vaughn relative to choosing presidential electors and the process which governs them. Election Laws.
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SECTION 1. Section 8 of chapter 53 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after "electors,", in line 15, the following sentence:-
One presidential elector shall be chosen from each congressional district, and two presidential electors shall be chosen at-large.
SECTION 2. Chapter 54 of the General Laws, as so appearing, is hereby amended by striking out section 148, and inserting in place thereof the following section:—
Section 148. The persons chosen as presidential electors shall meet at the state house on the date fixed by federal law next following their election at three o’clock in the afternoon and organize by the choice of a presiding officer and secretary. The state secretary shall call the meeting to order, call the roll of electors, and preside until a presiding officer shall be chosen. The secretary of the electors shall keep a journal of their proceedings and deposit the same in the office of the state secretary, where it shall be recorded and filed. Each at-large presidential elector shall cast their ballot for the presidential and vice-presidential candidates whose electors received the highest number of votes in the state. Each congressional district presidential elector shall cast their ballot for the presidential and vice-presidential candidates whose electors received the highest number of votes in their congressional district.
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An Act relative to public information requests
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H728
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HD2073
| 193
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{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-19T10:08:52.737'}
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[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-19T10:08:52.7366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H728/DocumentHistoryActions
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Bill
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By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 728) of Marcus S. Vaughn relative to the availability of voter lists. Election Laws.
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SECTION 1. Section 55 of chapter 51 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following paragraph:-
Registrars shall provide to the state secretary a copy of each such voting list required by this section; provided, however that the registration of a voter in the commonwealth’s electronic registration system shall be sufficient to provide the state secretary with the voting list. Any such list shall be a public record in the custody of the state secretary and the state secretary shall respond to any request for regional or statewide voting lists. The request for inspection or copy of such public record shall be governed by chapter 66.
SECTION 2. Section 91 of chapter 54 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
Registrars shall provide to the state secretary a copy of each absentee voting list required by this section. Any such list shall be a public record in the custody of the state secretary and the state secretary shall respond to any request for regional or statewide absentee voting lists. The request for inspection or copy of such public record shall be governed by chapter 66.
SECTION 3. Section 91A of said chapter 54, as so appearing is hereby amended by adding the following paragraph:-
Registrars shall provide to the state secretary a copy of each specially qualified voter list required by this section. Any such list shall be a public record in the custody of the state secretary and the state secretary shall respond to any request for regional or statewide specially qualified voter lists. The request for inspection or copy of such public record shall be governed by chapter 66.
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An Act to preserve local decision making during an emergency
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H729
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HD2907
| 193
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{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-19T16:54:17.097'}
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[{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-19T16:54:17.0966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H729/DocumentHistoryActions
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Bill
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By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 729) of Tommy Vitolo for legislation to authorize cities and towns to postpone town meetings due to certain short-term emergencies. Election Laws.
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Chapter 30A of the General Laws is hereby amended by inserting after section 20 the following 3 sections:-
Section 20A: (a) A town may postpone any town meeting for up to 14 calendar days, with the approval of the moderator, provided that a short-term emergency prevents the meeting from taking place at the scheduled place and time.
(b) The moderator shall provide notice of the rescheduled town meeting, in a manner consistent with the notice provisions for a regularly scheduled town meeting, not less than 48 hours before the rescheduled meeting will take place.
(c) All actions taken pursuant to this section are hereby ratified, validated and confirmed to the same extent as if the town meeting had been conducted in accordance with all other applicable laws, charter provisions, ordinances and by-laws.
Section 20B: (a) In an emergency that is expected to last more than 14 days, a town may request approval from the attorney general’s office to hold a town meeting according to the rules established in section 20 of chapter 20 of the acts of 2021. The chair of the select board or board of selectmen, along with the moderator, shall submit a written request to the attorney general’s office requesting to meet according to said section 20 of chapter 20 of the acts of 2021, explaining the nature of the emergency and how long they anticipate the emergency will last.
(b) Provided that the attorney general’s office provides the town with written approval to meet according to said section 20 of chapter 20 of the acts of 2021 for a specified length of time, all actions taken pursuant to this section are hereby ratified, validated and confirmed to the same extent as if the town meeting had been conducted in accordance with all other applicable laws, charter provisions, ordinances and by-laws.
Section 20C. (a) In an emergency that is expected to last more than 14 days, a town may request approval from the attorney general’s office to hold public meetings and hearings according to the rules established in section 20 of chapter 20 of the acts of 2021. The chair of the select board or board of selectmen, or mayor, shall submit a written request to the attorney general’s office requesting that public meetings be held according to section 20 of chapter 20 of the acts of 2021, explaining the nature of the emergency and how long they anticipate the emergency will last.
(b) Provided that the attorney general’s office provides the town with written approval to meet according to section 20 of chapter 20 of the acts of 2021 for a specified length of time, all actions taken pursuant to this section are hereby ratified, validated and confirmed to the same extent as if the town meeting had been conducted in accordance with all other applicable laws, charter provisions, ordinances and by-laws.
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An Act relative to the interception of wire and oral communications
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H73
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HD2683
| 193
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{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:33:08.127'}
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[{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:33:08.1266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H73/DocumentHistoryActions
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Bill
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By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 73) of Christopher M. Markey relative to the interception of wire and oral communications. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Subsection A of section 99 of Chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 26, the word “crime” and inserting in place thereof the following words:- crime, unless otherwise proscribed by the following paragraph.
SECTION 2. Said subsection A of section 99 of Chapter 272 of the General Laws, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraph:-
The general court further finds that within the commonwealth there has been an increase in violence, with and without weapons, that has taken the lives of many. Such acts are not the product of highly organized and disciplined groups. Rather, these acts are conducted by small, undisciplined groups of individuals with loose affiliation who use modern technology to plan, perform and conceal these violent acts. However, the general court finds that curtailing and eliminating such violent acts, and holding these groups and individuals responsible for such acts, requires the use of modern electronic surveillance devices. Therefore, the general court finds that the use of such devices by law enforcement officials, as it relates to investigations of violent offenses, must be conducted under strict judicial supervision and without the need to prove that a highly organized and disciplined group committed such violent acts.
SECTION 3. Subsection B of section 99 of Chapter 272, as so appearing, is hereby amended by striking out, in line 65, the words “designated offense” and inserting in place thereof the following words:- designated organized crime offense.
SECTION 4. Said subsection B of Section 99 of Chapter 272, as so appearing, is hereby further amended by striking out, in line 72, the words “narcotic or harmful drug” and inserting in place thereof the following words:- narcotic, harmful drug or firearm.
SECTION 5. Said subsection B of Section 99 of Chapter 272, as so appearing, is hereby further amended by inserting after paragraph 7, the following paragraph:-
7A. The term “designated violent offense” shall include the following violent offenses in connection with violent crime as described in the preamble: sections one, thirteen, fifteen, fifteen A, sixteen, eighteen A, eighteen B, eighteen C, of chapter two hundred and sixty five of the general laws.
SECTION 6. Subsection E of Section 99 of Chapter 272, as so appearing, is hereby amended by striking out, in lines 254 and 258, the words “designated offense” and inserting in place thereof the following words:- designated organized crime offense or designated violent offense.
SECTION 7. Said subsection E of Section 99 of Chapter 272, as so appearing, is hereby further amended by striking out paragraph 3, and inserting in place thereof the following paragraph:-
3. For purposes of a designated organized crime offense, the applicant shall make a showing that normal investigative procedures have been tried and have failed or reasonably appear unlikely to succeed if tried. Such requirement shall not be deemed required for purposes of a designated violent offense.
SECTION 8. Subsection F of section 99 of Chapter 272, as so appearing, is hereby amended by striking out, in lines 273, 277 and 279, the words “designated offense” and inserting in place thereof the following words:- designated organized crime offense or designated violent offense.
SECTION 9. Subsection I of Section 99 of Chapter 272, as so appearing, is hereby amended by striking out, in line 367, the words “designated offense” and inserting in place thereof the following words:- designated organized crime offense or designated violent offense.
SECTION 10. Subsection N of Section 99 of Chapter 272, as so appearing, is hereby amended by striking out, in lines 501-502, the words “designated offense” and inserting in place thereof the following words:- designated organized crime offense or designated violent offense.
SECTION 11. Subsection R of Section 99 of Chapter 272, as so appearing, is hereby amended by striking out, in line 587, the words “designated offenses” and inserting in place thereof the following words:- designated organized crime offenses or designated violent offenses.
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An Act relative to city and town clerks mailing of early voting ballots
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H730
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HD2911
| 193
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{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-19T16:10:00.843'}
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[{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-19T16:10:00.8433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H730/DocumentHistoryActions
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Bill
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By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 730) of Tommy Vitolo relative to mailing of early voting ballots by city and town clerks. Election Laws.
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SECTION 1. Paragraph (10) of subsection (a) of section 25B of chapter 54 of the General Laws, as appearing in section 10 of chapter 92 of the acts of 2022, is hereby amended by inserting after the word “available”, the following words:- , but not mailed more than 30 calendar days before the date of the preliminary, primary or election that the ballot pertains to. Early voting ballots shall not be picked up in person from the appropriate local election official more than 30 calendar days before the date of the preliminary, primary or election.
SECTION 2. Section 91B of said chapter 54, as amended by section 17 of said chapter 92, is hereby further amended by striking out subsections (a) and (b) and inserting in place thereof the following subsections:-
(a) Except as required by subsections (b) and (c), the ballot and accompanying papers shall be mailed postage prepaid and with return postage guaranteed or, if the voter so requests, delivered when called for at the office of the clerk, but not mailed more than 30 calendar days before the date of the preliminary, primary or election that the ballot pertains to. No ballot shall be mailed to a designated health care facility within the city or town where the voter is registered.
(b) To a voter who is a patient or resident at a designated health care facility, the ballot and accompanying papers shall be delivered, in person, by a registrar, assistant registrar or absent registration officer, at the designated address, but not delivered more than 30 calendar days before the date of the preliminary, primary or election that the ballot pertains to. For the purposes of this section, a “designated health care facility” shall mean a health care facility as defined in section 25B of chapter 111, within the city or town, which has been designated for the purpose of supervised absentee voting, in writing, and filed with the city or town clerk, not later than 28 days before a primary or election, by any 2 registrars or election commissioners.
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An Act updating political terminology
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H731
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HD650
| 193
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{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-15T11:23:34.417'}
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[{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-15T11:23:34.4166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H731/DocumentHistoryActions
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Bill
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By Representative Whipps of Athol, a petition (accompanied by bill, House, No. 731) of Susannah M. Whipps relative to political designations and terminology. Election Laws.
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SECTION 1 - Section 1 of chapter 50 of the General Laws is hereby amended by striking the following paragraph:
''Political designation'' shall apply to any designation required in section 8 of chapter 53, expressed in not more than three words, which a candidate for nomination under section 6 of chapter 53 represents, and to any designation expressed in not more than three words to qualify a political party under this section, filed by fifty registered voters with the secretary of state on a form provided by him or her, requesting that such voters, and any others wishing to do so, may change their registration to such designation, provided however, that the designation ''Independent'' shall not be used. Certificates showing that each of the signers of said request is a registered voter at the stated address, signed by the city or town clerk shall accompany the petition. Any such request filed before December first in the year of a biennial state election shall not be effective until said December first.
And inserting in place thereof the following paragraph:
''Political designation'' shall apply to any designation required in section 8 of chapter 53, expressed in not more than three words, provided that the word “Independent” shall not be used, which a candidate for nomination under section 6 of chapter 53 represents, and to any designation expressed in not more than three words, provided that the word “Independent” shall not be used, to qualify a political party under this section, filed by fifty registered voters with the secretary of state on a form provided by him or her, requesting that such voters, and any others wishing to do so, may change their registration to such designation. Certificates showing that each of the signers of said request is a registered voter at the stated address, signed by the city or town clerk shall accompany the petition. Any such request filed before December first in the year of a biennial state election shall not be effective until said December first. The designation “Independent” shall apply to those who choose not to enroll with a political party.
Section 2-Section 6 of Chapter 53 of the General Laws is hereby amended by striking the following paragraph:
“The name of a candidate for election to any office who is nominated otherwise than by a political party, generally referred to as an ''Unenrolled'' candidate, shall not be printed on the ballot at a state election, or on the ballot at any city or town election following a city or town primary, unless a certificate from the registrars of voters of the city or town wherein such person is a registered voter, certifying that he is not enrolled as a member of any political party, is filed with the state secretary or city or town clerk on or before the last day provided in section ten for filing nomination papers. Said registrars shall issue each certificate forthwith upon request of any such candidate who is not a member of a political party or his authorized representative. No such certificate shall be issued to any such candidate who shall have been an enrolled member of any political party during the time prior to the last day for filing nomination papers as provided in section ten, and on or after the day by which a primary candidate is required by section forty-eight to establish enrollment in a political party.”
And inserting in place thereof the following paragraph:
“The name of a candidate for election to any office who is nominated otherwise than by a political party, generally referred to as an ''Independent'' candidate, shall not be printed on the ballot at a state election, or on the ballot at any city or town election following a city or town primary, unless a certificate from the registrars of voters of the city or town wherein such person is a registered voter, certifying that he is not enrolled as a member of any political party, is filed with the state secretary or city or town clerk on or before the last day provided in section ten for filing nomination papers. Said registrars shall issue each certificate forthwith upon request of any such candidate who is not a member of a political party or his authorized representative. No such certificate shall be issued to any such candidate who shall have been an enrolled member of any political party during the time prior to the last day for filing nomination papers as provided in section ten, and on or after the day by which a primary candidate is required by section forty-eight to establish enrollment in a political party.”
Section 38 of Chapter 53 of the General Laws is hereby amended by inserting the following:
Section 38-No voter enrolled under this section or section thirty-seven shall be allowed to receive the ballot of any political party except that in which he is so enrolled; provided, however, that, except as otherwise provided in said section thirty-seven, a voter may, except within a period beginning at eight o'clock in the evening of the twentieth day prior to any primary and ending with the day of such primary, establish, change or cancel his enrollment by forwarding to the board of registrars of voters a certificate signed by such voter under the pains and penalties of perjury, requesting to have his enrollment established with a party or political designation, changed to another party or political designation, or cancelled, or by appearing in person before a member of said board and requesting, in writing, that such enrollment be so established, changed or cancelled. Except as otherwise provided in section twelve of chapter four, sections one and two of chapter fifty-two, and sections forty A and forty-eight of this chapter, such enrollment, change or cancellation shall take effect upon the receipt by said board of such certificate or appearance, as the case may be; provided, however, that no such enrollment, change or cancellation shall take effect for a primary during the twenty days prior to such primary; provided further, that a voter registered in a political designation that is not a political party as defined in section 1 of chapter 50 shall be considered independent for the purpose of the primary and shall be eligible to receive a ballot of a political party of the voter's choosing. No voter enrolled as a member of one political party or political designation shall be allowed to receive the ballot of any other political party, upon a claim by him of erroneous enrolment, except upon a certificate of such error from the registrars, which shall be presented to the presiding officer of the primary and shall be attached to, and considered a part of the voting list and returned and preserved therewith; but the political party or political designation enrolment of a voter shall not preclude him from receiving at a city or town primary the ballot of any municipal party, though in no one primary shall he receive more than one party ballot.
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An Act to strengthen the Commonwealth's strategic preparedness stockpiles
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H732
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HD4021
| 193
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T16:07:34.943'}
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[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T16:07:34.9433333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-23T09:16:14.2133333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-06-12T11:43:41.4733333'}]
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Bill
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By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 732) of William J. Driscoll, Jr., for legislation to strengthen the strategic preparedness stockpiles. Emergency Preparedness and Management.
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Chapter 111 of the 2020 Version of the Massachusetts General Laws are hereby amended by inserting, following Section 5S, the following new section:-
Section 5T. (a) The department shall, in collaboration with the Massachusetts Emergency Management Agency (MEMA), and other relevant stakeholders, shall establish a permanent emergency stockpile of strategic emergency readiness supplies, including but not limited to, Personal Protective Equipment (PPE), medications, testing kits, and others deemed important for emergency preparedness by the department and MEMA to be used and dispensed in the event of public health emergencies at the local, state, and national levels.
(b) The department, in collaboration with the Massachusetts Emergency Management Agency (MEMA), the executive office of technology services and security, the department of elementary and secondary education and other stakeholders, as necessary, to conduct demand planning and stockpile modelling for emergency readiness supplies, including PPE, medications, testing kits, and others to be included at the discretion of the department. The department shall conduct demand planning and stockpile modeling for three separate stockpiles – one for use by the Commonwealth’s healthcare settings, including primary care offices, outpatient treatment centers, hospitals, emergency rooms, and others the department deems fit; one shall be education settings, including both public and private institutions, such as pre-K programs, K-12 schools, technical schools, colleges, and universities; and one shall be for use to the general public during major local, regional, state, and national disasters.
Said demand planning and supply modeling shall include 1) recommendations on the types of PPE and other emergency supplies to be included in each stockpile, 2) the anticipated demand for emergency supplies across a number of public health emergency scenarios, 3) the recommended quantities to be held in the stockpile for each type of supply, 4) the anticipated costs of procuring, managing, and maintaining said quantities, 5) methods to rotate supplies and minimize risk of supplies expiring, 6) mechanisms for municipalities and schools to access these supplies in the event of a local or regional public health emergency, 7) distribution planning, including the identification of emergency dispensing sites and possible mobile distribution programs to allocate the supplies in each stockpile to the relevant groups in the event of local, state, or national emergency declaration, and 8) possible strategies that could be used to reduce the costs of these supplies, including, but not limited to, the use of vendor-managed inventory programs.
No less than one year after the passage enactment of this act, the department of public health shall file a report of its findings to the office of the House Speaker, the office of the Senate President, chairs of the joint committee on public health, the chairs of the joint committee on COVID-19 and emergency preparedness and management, and the clerks of both chambers of the legislature.
Every two years thereafter, the department shall, in collaboration with the Massachusetts Emergency Management Agency, the executive office of technology services and security, the department of elementary and secondary education and other stakeholders, as necessary, reassess the prior scenario planning, demand planning, and stockpile modeling, and make adjustments as needed, or, if not needed, reaffirm the validity of the existing models.
(c) Every quarter, the department shall report to the office of the Speaker of the House, the Senate President, the joint committee on Ways and Means, the joint committee on public health, and the joint committee on COVID-19 and emergency preparedness and management, on the current supplies within the stockpile and funds on hand for the stockpile.
(d) In maintaining and securing supplies, the department shall seek to maximize available federal and state funding for this program.
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An Act relative to emergency response and preparedness in the event of a surge in pediatric or adult hospitalizations
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H733
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HD4081
| 193
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T16:46:02.543'}
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[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T16:46:02.5433333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-06-12T11:43:30.25'}]
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Bill
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By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 733) of William J. Driscoll, Jr., relative to emergency response and preparedness in the event of surges in pediatric or adult hospitalizations. Emergency Preparedness and Management.
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Notwithstanding any general or special law to the contrary, in the event that: 1) hospital inpatient staffed-bed capacity rates meet or exceed 85% for any type of hospital bed, including but not limited to inpatient adult and pediatric general medical/surgical beds, inpatient adult and pediatric critical care beds, or inpatient adult or pediatric behavioral health care beds, for a period of 72 hours or more in a given Health and Medical Coordinating Coalition (HMCC) Region, as defined by the Department of Public Health, or 2) the DPH activates its Capacity Planning and Response Guidance for Acute Care Hospitals, then: the Division of Insurance, in collaboration with the Department of Public Health, shall direct all health insurance carriers to waive any prior authorization requirements that impact the transportation or discharge of patients from the hospitals in said region for a period of not less than 30 days or, in the case of activation of said capacity planning and response guidance, for the duration of the Department’s activation of said guidance.
The Division, in consultation with the Department, shall publish guidance implementing the provisions of this section within 30 days of the passage of this act.
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An Act prohibiting COVID-19 vaccination as a condition of entry
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H734
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HD2390
| 193
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{'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-17T09:12:50.907'}
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[{'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-17T09:12:50.9066667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-08T13:17:29.1233333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:40:37.8433333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-08-15T12:22:11.19'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T15:42:01.9133333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T09:40:54.6633333'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T16:58:11.0333333'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-04-24T16:59:08.9933333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-05-12T16:13:19.0233333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-06-05T09:38:53.01'}]
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Bill
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By Representative Durant of Spencer, a petition (accompanied by bill, House, No. 734) of Peter J. Durant and others relative to requiring proof of vaccination against COVID-19 as a condition of entry. Emergency Preparedness and Management.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 244. Notwithstanding any general or special law to the contrary, the commonwealth shall not require proof of vaccination against COVID-19 as a condition of entry to the Commonwealth.
Notwithstanding any general or special law to the contrary, the commonwealth and all of its agencies, authorities and political subdivisions shall not require proof of vaccination against COVID-19 as a condition of entry to a public building.
Notwithstanding any general or special law to the contrary, no public or private elementary school, secondary school, high school, charter school, college, university or other post-secondary institution of higher education shall require proof of vaccination against COVID-19 as a condition of enrollment, access to campus or attendance in in-person classes.
Notwithstanding any general or special law to the contrary, the commonwealth shall not require any private business to require proof of vaccination against COVID-19 as a condition of entry to the business, or access to employment by such business.
SECTION 2. The first paragraph of section 92A of chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:-
No owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement shall, directly or indirectly, by themselves or another, require proof of vaccination against COVID-19 as a condition of entry to a place of public accommodation, resort or amusement.
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An Act relative to an emergency preparedness instructional awareness program
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H735
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HD3488
| 193
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{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:05:26.02'}
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[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:05:26.02'}]
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Bill
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By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 735) of Paul K. Frost relative to providing for a school emergency preparedness instructional awareness program. Emergency Preparedness and Management.
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SECTION 1. Chapter 69 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after Section 1Q, the following new Section:-
Section 1R. Emergency Preparedness Instructional Awareness Program
The Department of Elementary and Secondary Education, in conjunction with the Massachusetts Emergency Management Agency, is hereby required to create a minimum of a 1 hour per school year instructional awareness program to educate students and faculty on emergency preparedness, planning, and management of situations, including but not limited to weather, natural disasters, viruses and human made disasters.
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An Act establishing the climate resilient capital task force
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H736
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HD2689
| 193
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{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-19T15:39:02.65'}
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[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-19T15:39:02.65'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-06-12T11:51:48.6033333'}]
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By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 736) of David Henry Argosky LeBoeuf for legislation to establish a climate resilient capital task force to recommend options for the uninterrupted continuity of Commonwealth civil government under worst-case climate scenarios. Emergency Preparedness and Management.
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SECTION 1. Chapter 21N of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 12. (1) There is hereby established a Climate Resilient Capital Task Force for the purpose of identifying, considering, and recommending options for the uninterrupted continuity of Commonwealth civil government under worst-case climate scenarios either by the defense of the existing state capital and neighborhoods or the relocation and distribution of state offices and neighborhoods to more naturally advantageous sites.
(2)(a) All members of the Task Force shall be appointed on or before August 15, 2023, and the Task Force shall hold its first meeting on or before September 15, 2023. The Task Force shall be composed of 17 members as follows:
1. One member appointed by the Governor.
2. One member appointed by the Lieutenant Governor.
3. One member appointed by the Secretary of the Commonwealth.
4. One member appointed by the President of the Senate.
5. One member appointed by the Minority Leader of the Senate.
6. One member appointed by the Speaker of the House of Representatives.
7. One member appointed by the Minority Leader of the House of Representatives.
8. Two members appointed by the Massachusetts Emergency Management Agency.
9. One member appointed by the Massachusetts AFL-CIO.
10. One member appointed by Associated Industries of Massachusetts.
11. One member appointed by the Massachusetts Municipal Association.
12. One member appointed by the Metropolitan Area Planning Council.
13. One member appointed by the University of Massachusetts.
14. One member appointed by the Massachusetts Institute of Technology.
15. One member appointed by the Teamsters Local Unions 3, 25, 42, 59, 122, 127, 170, 404 and 653 in agreement.
16. One member appointed by the Massachusetts Office of Coastal Zone Management.
(b) Members of the Task Force may participate in meetings by telephone or by other electronic means of communication.
(c) That the members of the Task Force should devote their full professional capacity to the effort, and that the appointers under Section 2 should be free to choose appointees from among the full diversity of the commonwealth’s residents, members of the Task Force shall serve with compensation while performing their duties as described below and furthermore are entitled to reimbursement for per diem and travel expenses in accordance applicable General Laws and regulations.
The Task Force may receive and expend such funds to carry out its mission as may be authorized and appropriated or donated from time to time.
(d) Members of the Task Force shall, as first order of business, familiarize themselves with the skills and ambitions of their colleagues and, by ranked choice ballots, choose a presiding member to set meeting agendas, a secretary to take minutes and comply with public records requests, and a treasurer to manage funds sent per paragraph (c) of this section, if any. The Secretary of the Commonwealth shall conduct the vote.
(e) A majority of the Task Force may at any time call another vote to choose a new presiding member, secretary or treasurer as in paragraph (d) of this section.
(f) Upon the death or resignation of any member, the office of their original appointer, or the organization(s) named in Section 2 as appointer, shall re-appoint the successor member.
(g) The Task Force may by three-quarters of the members in approval adopt such other internal rule or by-law as they deem fit provided such rule or by-law is in accordance with this Act.
(3)(a) In conducting the study, the Task Force shall consider, without limitation:
1. The maintenance and defense of the current capital in Boston, as follows:
a. For the purpose of creating a microcosm on which decisions about the larger city may be made, the Task Force shall estimate the probability-weighted cost of catastrophic storm damage to the State House, the offices of the agencies, and the offices of the Supreme Judicial Court as currently situated, as well as at least one high-risk coastal or riparian residential neighborhood within 15 miles of the State House as the crow flies (e.g., Nahant, Hull, Back Bay, etc.). This cost shall be calculated assuming the low-likelihood, high impact scenario of 1.75 meters of sea level rise by 2100 as published by the Intergovernmental Panel on Climate Change (IPCC) 2021 Physical Science Basis Summary for Policymakers, or the most recent IPCC report published as of the appointment of this Task Force, as well as the low-likelihood, high impact estimates for storm intensity and other factors over and above that sea level rise. This cost shall include the economic losses and cost to residents of interruption to the Commonwealth’s governing institutions.
b. The Task Force shall define the high-confidence climate resilience defense against this low-likelihood, high impact scenario in the form of upgrades to the region and surroundings of the State House, to the offices of the agencies, and to the offices of the Supreme Judicial Court, and the chosen neighborhood(s), each as presently situated. This resilience plan shall describe the required road, rail, airport, seaport, and communications infrastructure essential to preserve the functions of these offices and the security of these residences. This resilience plan shall include ecotone water levees, seawalls, or other measures of defense against sea level rise in Boston and co-flooding low-lying communities. The resilience plan shall be designed such that, if put into practice, it will in every way possible result in net zero additional emissions.
c. The Task Force shall estimate the material and labor cost of the resilience plan; the additional cost of Massachusetts workforce training and apprenticeship needed to effect the resilience plan with local hands; the cost of the purchase without taking of any land or property required; the cost of removing and recultivating any ecology or natural habitat so displaced; and the time needed for the resilience plan to be effected.
d. In every estimate of the above, uncertainty shall be a given, such that estimates should be rendered no more precisely than is warranted, at a minimum with ranges around the correct order of magnitude of the cost in dollars or the time in months.
2. The relocation and distribution of capital offices throughout the Commonwealth, as follows:
a. For the purpose of creating a microcosm on which decisions about the larger city may be made, the Task Force shall define the relocation plan, either for a new capital and new neighborhoods near the geographic center of the Commonwealth or for separate capital districts and neighborhoods distributed throughout the Commonwealth. In the interests of long-term stability, the relocation plan shall not place any new office, neighborhood or district below the estimated inundation elevation, calculated under the assumption of the melting of all ice across the globe, as most recently published by the United States Geological Survey. The relocation plan shall relocate the executive branch offices; the offices of the agencies, the halls, chambers and offices of the General Court; the Supreme Judicial Court, and the chosen neighborhood(s). The relocation plan shall account for the likelihood of rain and river flood, fire, and damaging winds in any prospective site. The relocation plan shall be designed such that, if put into practice, it will in every way possible result in net zero additional emissions.
b. The Task Force shall estimate the material and labor cost of the relocation plan; the additional cost of Massachusetts workforce training and apprenticeship needed to effect the relocation with local hands; the cost of the purchase without taking of any land or property required; the cost of removing and recultivating any ecology or natural habitat so displaced; and the time needed for the relocation plan to be effected.
c. The Task Force shall estimate the economic impact of relocation on Boston and surrounding communities; the economic impact on the new location or locations and surrounding communities; the impact on housing costs in Boston and on the new location or locations; the required density changes; the impact on democratic participation of residents of the furthest Berkshire, Dukes, Barnstable, and Nantucket counties; the climate justice implications of such a relocation; and any other considerations the Task Force may deem necessary and proper to estimate.
d. In every estimate of the above, uncertainty shall be a given, such that estimates should be rendered no more precisely than is warranted, at a minimum with ranges around the correct order of magnitude of the cost in dollars or the time in months.
(b) The Task Force may request data, information, and assistance from any state agency, local government, or any political subdivision thereof, which to the extent permitted by law shall provide the Task Force with all relevant information and assistance on any matter within their knowledge or control as promptly as is reasonably practicable. The Task Force may: (i) use such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed; and (ii) hold regular, public meetings and fact-finding hearings and other public forums as it may consider necessary. The Task Force shall be subject to the provisions of Chapter 30A, Section 11B. The Task Force shall be subject to the requirements of Chapter 66. The secretary of the Task Force shall be responsible for compliance under Chapter 66 Section 10.
(4) No later than 18 months after the first meeting of the Task Force, the Task Force shall submit a report of the resilience plan, including findings and recommendations, to each appointer under Section 2, including but not limited to the Governor, the President of the Senate, and the Speaker of the House of Representatives, and also to the Chief Justice of the Supreme Judicial Court, and shall publish electronically the same for public review. No later than 18 months after the report of the resilience plan, the Task Force shall submit a report of the relocation plan, including findings and recommendations, to the same, and shall likewise publish it. The Task Force shall be dissolved upon submission and publication of the relocation plan, except if at the request of the Governor the Task Force shall continue for the purpose of advising on the implementation of its recommendations.
(5) If any appointer under section 2 should fail to appoint their member or members of the Task Force, or if any member should fail to participate meaningfully in the work of the Task Force, or if the Task Force should fail to produce either or both plans, or if any state agency, local government or political subdivision thereof should fail to provide the assistance or information required under this Act, then the supreme judicial or superior court may, upon petition of not less than ten taxable inhabitants of the commonwealth, compel the participation of said delinquent or delinquents, levy fines against compensation already paid up to and including the amount of compensation awarded here, or both.
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An Act to improve public health excellence, which will address disparities in the delivery of public health services for medically fragile inhabitants of the Commonwealth of Massachusetts
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H737
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HD3358
| 193
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{'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-20T12:09:45.167'}
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[{'Id': None, 'Name': 'Christina Barefoot', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T12:09:45.1666667'}]
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Bill
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By Representative Orrall of Lakeville (by request), a petition (accompanied by bill, House, No. 737) of Christina Barefoot relative to protective programs and the reporting of possible vaccine adverse events. Emergency Preparedness and Management.
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Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking section 12C and inserting the following:-
12C. Education of physicians, nurses and other trained administrators of immunizations regarding protective programs and the reporting of possible vaccine adverse events.
All healthcare providers, including alternative trained staff, administering any currently available, CDC recommended Vaccination,, Covid-19 vaccine or any future vaccine for any illness or condition, that is either recommended by the Center for Disease Control Advisory Committee on Immunization Practices (ACIP) or has received emergency use authorization by the United States Food and Drug Administration (FDA), Shall report any possible vaccine adverse events occurring in connection with vaccination, weather found independently or verbalized by a Patient or Patients Guardian, to the Vaccine Adverse Event Reporting System (VAERS) or any future vaccine reporting system developed by the CDC, FDA, Mass DPH or other State and federal agency- Reporting systems must allow for “all” potential reactions to be documented not just some. The report must be made within 7 days of the identification or report of a possible vaccine adverse event whether it is or is not clear that a vaccine caused the adverse event. A copy of the VAERS report ID or other future reporting systems, shall be given to the patient and or Patient Representative immediately after the report has been completed. A Medical ICD diagnosis code will be added to the Patient's record that demonstrates an injury by vaccine(s) is suspected, and the potential injury that has been incurred. An ICD code will also be added to the record to demonstrate a VAERS report has been completed. If no code exists at this time the Department of Public Health for Massachusetts will work with CMS et al to ensure these codes are available via routine CMS coding updates and or Massachusetts DPH will create independent codes that shall be mandatory, and available in all State Licensed Medical offices and Facilities EMR systems.
A possible vaccine adverse event is defined as any new-onset symptom(s), medical condition(s) and/or exacerbation of pre-existing medical condition(s) and/or death occurring in temporal association with vaccine administration identified by any of the following person(s): a person having received a vaccine, a parent or guardian of a person having received a vaccine, or a health-care provider.
Healthcare providers practicing in settings, organizations, or practices with more than 2 providers, in which at least one provider administers vaccinations, shall be required to have an automated vaccine adverse event detection and reporting system as part of the electronic medical health record. Department of Public Health taxpayer funding shall be used to assist in supplementation of costs or creation of a standardized system across the state. Any possible vaccine adverse event (as defined above) occurring within 3 months of vaccination must be automatically identified and flagged for possible reporting within the electronic medical health record and, if appropriate, electronically submitted to VAERS. This system may be newly developed or a currently available open-sourced platform such as ESP-VAERS.
The Massachusetts Department of Public Health (DPH) shall commission a study on the long-term health outcomes of vaccine recipients including but not limited to incidence of SARS-CoV-2, incidence of other infectious illnesses, incidence of autoimmune or inflammatory conditions, incidence of exacerbation or onset of a genetic disorders symptoms and incidence of carcinomas or autoimmune issues at 2-5 year post vaccination, stratified by age, by comparing incidence rates of target health outcomes with non-vaccinated cohorts. Massachusetts DPH shall share the outcomes with the Inhabitants of Massachusetts, all State licensed medical facilities, medical offices and the Secretary of HHS.
-All healthcare providers, or alternative trained staff, administering any currently available, CDC recommended Vaccination,, Covid-19 vaccine or any future vaccine for any illness or condition, that is either recommended by the Center for Disease Control Advisory Committee on Immunization Practices (ACIP) or has received emergency use authorization by the United States Food and Drug Administration (FDA), Shall be trained in the VAERS and or other adopted reporting systems with mandatory yearly competencies completed at all State Licensed Medical offices and Facilities. Massachusetts Department of Public Health will ensure this training is being completed yearly as they do with other Mandatory yearly educations in Massachusetts Licensed facilities and Medical Offices for alternate important public safety topics.
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providing for an investigation and study by a special commission relative to the existential threats posed by nuclear weapons and climate change to the commonwealth of Massachusetts
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H738
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HD2487
| 193
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{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T13:40:49.023'}
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[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T13:40:49.0233333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-05-25T12:32:13.8033333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-05-04T10:42:02.6533333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-05-09T11:31:44.39'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-19T15:17:31.6233333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-06-09T13:26:06.88'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-08-22T15:03:26.9133333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T08:42:12.0166667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-28T16:03:35.2066667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T12:52:37.1766667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T08:59:16.08'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-17T15:55:50.2666667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T08:51:40.9233333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:09:01.39'}]
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-19T15:17:31.623'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H738/DocumentHistoryActions
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Resolve
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By Representative Sabadosa of Northampton and Senator Comerford, a joint petition (accompanied by resolve, House, No. 738) of Lindsay N. Sabadosa, Joanne M. Comerford and others for an investigation by a special commission relative to threats posed by nuclear weapons and climate change. Emergency Preparedness and Management.
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Resolved, that there shall be a special citizens commission to investigate and make recommendations regarding the transition away from the development and production of nuclear weapons within the commonwealth towards the development and production of green technologies needed to address the climate emergency;
The citizens commission shall investigate and report on the extent to which jobs, businesses and communities in the commonwealth are dependent on the development and production of nuclear weapons and the extent to which funds under the control of the commonwealth are invested in those activities. The commission shall further investigate and make recommendations regarding any financial or legal measures that may assist or encourage the transition from nuclear weapons-related jobs and activities taking place within the commonwealth to jobs and activities that instead directly address the climate emergency. The commission shall determine what assistance from the federal government would be needed to implement its recommendations and how Massachusetts as a state might leverage the federal government to provide such assistance.
The citizens commission shall consist of 11 United States citizens who are residents of Massachusetts, 1 of whom shall be appointed by the speaker of the house of representatives; 1 of whom shall be appointed by the senate president; 1 of whom shall be appointed by the secretary of the commonwealth; 1 of whom shall be appointed by the attorney general; and 7 of whom shall be appointed by the governor, of whom 6 shall be selected by the governor from a group of 10 individuals nominated by the Massachusetts Warheads to Windmills Coalition, a statewide coalition of peace and environmental organizations that includes Massachusetts Peace Action, Inc., Climate Action Now, 350 Mass, Massachusetts Interfaith Power and Light, Inc., Greater Boston Physicians for Social Responsibility and others; provided, however, that all appointments shall be made from a list of applicants who have publicly applied for such appointment. The governor’s office shall post all applications on a webpage, established for the public knowledge and oversight of the appointment to and operation of the commission. No person may be appointed to the commission who is a current employee of any company or military installation involved in the development, production or maintenance of nuclear weapons.
An application to serve on the commission shall state: (i) the intent of the applicant to comply with and advance the policy established by this resolve; (ii) the applicant’s qualifications and interest in serving on the commission; (iii) the city or town in which the applicant resides; and (iv) the employment of the applicant, if employed. The governor shall post the appointment opportunity on the official website of the commonwealth within 30 days of the effective date of this resolve. All applications for service on the commission shall be submitted within 30 days of the posting of the appointment opportunity.
All appointments shall be made no sooner than 90 days and no later than 120 days following the effective date of this resolve. In making appointments to the commission, the speaker of the house of representatives, senate president, secretary of the commonwealth, attorney general and governor shall consider the range of expertise needed on the commission, and shall seek to ensure that the commission reflects a range of geographical and demographic backgrounds. Appointees to the commission shall serve without compensation.
The governor’s initial appointee shall convene the first meeting of the commission no later than 30 days after the appointment of the final member of the commission. Members of the commission shall, at their first meeting, elect a chair or co-chairs, as the members of the commission may decide by majority vote. The commission shall meet on a regular basis to research and to gather evidence, testimony and advice in the manner that the members of the commission determine is most conducive to achieving the objectives of this resolve; provided, however, that the commission proceedings and activities shall be subject to the open meeting law established by sections 18 to 25, inclusive, of chapter 30A of the General Laws and shall be considered public records as defined in clause Twenty-sixth of section 7 of chapter 4 of the General Laws; and provided further, that all residents of Massachusetts have a reasonable opportunity to offer their views and ideas related to the policies herein to the commission.
The commission shall hold at least 5 public hearings in different parts of the commonwealth to inform citizens and legislators about the humanitarian consequences to the commonwealth resulting from any possible use of nuclear weapons and the implications of the Treaty on the Prohibition of Nuclear Weapons, including but not limited to a full appraisal of how jobs, technologies and industries currently devoted to nuclear weapons within the commonwealth are likely to be affected by the Treaty and the options for converting these to jobs and activities that instead address the climate emergency.
The commission shall report the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerk of the house of representatives and clerk of the senate, with copies to the governor, lieutenant governor, attorney general, and all members of the Massachusetts federal congressional delegation, on or before December 31, 2025. The report may include recommendations for specific legislation aimed at reducing the exposure of private companies and public institutions within the commonwealth to the legislative risk of investing in nuclear weapons. The report may also include recommendations for the effective transferal of human and financial resources within the commonwealth away from the nuclear weapons business and towards the global effort to address the climate emergency.
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An Act increasing diagnostic testing preparedness
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H739
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HD3710
| 193
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:59:10.57'}
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[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:59:10.57'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H739/DocumentHistoryActions
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Bill
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By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 739) of Jon Santiago for an investigation and study by a special commission (including members of the General Court) relative to the public and private diagnostic testing infrastructure in the Commonwealth and to make recommendations to increase preparedness for future pandemics, epidemics and emerging pathogens. Emergency Preparedness and Management.
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SECTION XX. There shall be a special legislative Diagnostic Testing Preparedness commission established pursuant to section 2A of chapter 4 of the General Laws to study the public and private diagnostic testing infrastructure in the commonwealth and to make recommendations to increase preparedness for future pandemics, epidemics and emerging pathogens.
To assist the commission in carrying out its review, the commissioner of public health and the executive director of the center for health information and analysis each shall provide to the commission any data and information the commission considers relevant to its charge.
The commission shall include the following members: the commissioner of public health, or a designee, who shall serve as chair; the chairs of the joint committee on Covid-19 and emergency preparedness and management; the chairs of the joint committee on public health; the minority leader of the house of representatives, or a house member designee; the minority leader of the senate, or a senate member designee; and the following members who shall be appointed by the commissioner of public health: a representative of a community hospital laboratory; a representative of a university laboratory; a representative of a rural hospital laboratory; representative of a large reference laboratory; a representative of an in vitro diagnostics manufacturer; a representative of a physician office clinic; a licensed physician who specializes in infectious diseases; a clinical pharmacist; a licensed primary care physician; an emergency room physician; an emergency medical technician; a representative of a long term care facility; a representative of a home health agency; and, any other member who has specialized knowledge or experience that would be valuable to the commission.
The commission shall review the ability of the commonwealth’s public and private diagnostic infrastructure to meet the testing demands throughout the COVID-19 pandemic and shall recommend a strategic plan to prepare the commonwealth’s diagnostic testing infrastructure and capacity to improve the commonwealth’s preparedness to meet diagnostic, screening and surveillance needs for existing infectious diseases, emerging pathogens, and future epidemics and pandemics. In developing the strategic plan, the commission shall: (i) prepare an inventory of all existing laboratory testing assets in the commonwealth including public health, hospital, physician office, and reference laboratories; (ii) identify laboratory testing assets that could be used as surge capacity during an epidemic or pandemic, such as those found in universities, industry, blood banks, or clinical research entities; (iii) identify access barriers to testing and provide recommendations to address them, especially for our most vulnerable populations; and, (iv) develop a plan to establish a reserve of diagnostic testing supplies, reagents and equipment to increase the commonwealth’s preparedness for infectious disease testing during an epidemic, pandemic, or other public health emergency, which should consider state-held stockpiles, vendor-managed reserve inventories, and other innovative public-private partnerships and shall include recommendations regarding the operation, purchase, storage, maintenance and distribution of said stockpile and any funding required to establish such a reserve.
The special commission shall submit a report of its findings and any recommendations by filing its report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on Covid-19 and emergency preparedness and management and the joint committee on public health, not later than February 1, 2023. The first meeting of the commission shall be not later than July 1, 2022.
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An Act to modernize funding for community media programming
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H74
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HD215
| 193
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{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T10:57:09.72'}
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[{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T10:57:09.72'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-11T09:47:47.06'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-02T14:58:26.6933333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-08-11T14:31:46.49'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-06T08:07:17.9766667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-07T15:29:05.9666667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-26T15:16:20.0033333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-04-02T16:30:09.2533333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-08T10:04:16.0433333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-17T11:27:50.5666667'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-19T11:00:30.7666667'}, {'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-02-17T11:38:36.0333333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-01T11:17:32.69'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T12:26:53.9166667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-15T09:55:08.89'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-30T15:49:01.2933333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-02-23T17:30:31.6933333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-18T18:23:04.1766667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-02T15:54:18.3966667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-06T10:47:55.3733333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-14T15:10:38.52'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-02T07:08:27.6333333'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-04-20T16:46:49.4366667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-04-06T12:00:43.93'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T10:29:48.2833333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-02-23T12:53:23.78'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-03-17T11:01:53.72'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-23T13:52:18.2466667'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-31T15:41:08.27'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-14T14:37:45.6133333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T11:59:27.54'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:40:07.3166667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-22T13:54:20.8966667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-30T15:46:00.6433333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-09T07:31:52.7066667'}, {'Id': 'DWG1', 'Name': 'Danielle W. 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Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T19:14:54.07'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T15:37:00.61'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-09T21:49:37.5666667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-26T12:25:22.0533333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-23T15:26:37.84'}, {'Id': 'MPK1', 'Name': 'Michael P. 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Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-03-27T14:17:53.59'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T08:18:49.21'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-03-31T11:37:45.3133333'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:09:49.2333333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-27T05:24:40.3866667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-07T09:58:08.8533333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-09T16:15:11.61'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-17T08:48:03.9133333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-24T17:09:37.44'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-02-21T14:54:23.56'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-04-04T13:42:50.5333333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-07-20T16:11:23.8866667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-16T21:19:13.9133333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-21T15:25:47.95'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T17:11:34.3533333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-07T14:49:05.4466667'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-04-10T10:47:51.1133333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T12:59:13.6533333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-22T17:00:00.1633333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-09T15:26:46.0666667'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-02-28T10:38:51.7733333'}, {'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-02-02T08:48:46.24'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-04-03T09:39:19.5133333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:29:39.1733333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-10T13:23:29.3133333'}]
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{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-09T10:57:09.72'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H74/DocumentHistoryActions
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Bill
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By Representatives Meschino of Hull and Muratore of Plymouth, a petition (accompanied by bill, House, No. 74) of Joan Meschino, Mathew J. Muratore and others for legislation to establish a comprehensive statewide policy concerning streaming entertainment services and the recovery of municipal costs for the management and maintenance of digital infrastructure. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. The General Laws of 2020 are hereby amended by inserting after Chapter 166A the following chapter:-
Chapter 166B.
Section 1. The purposes of this chapter are to --
(a) establish a comprehensive statewide policy concerning compensation for the use of digital infrastructure in the public rights-of-way;
(b) establish legislative findings that digital infrastructure in the public rights-of-way is of valuable economic and public interest;
(c) establish standards which encourage a competitive environment for growth and development of streaming entertainment services and which assure that streaming entertainment services are responsive to the needs and interests of the local community;
(d) establish guidelines for the exercise of Commonwealth and local authority with respect to the regulation of the commercial use of the public rights-of-way by entities that provide and deliver streaming entertainment services;
(e) assure that streaming entertainment operators are encouraged to provide the widest possible diversity of information sources and services to the public;
(f) establish an orderly process for the Department of Revenue to assess and recover payments from streaming entertainment operators;
(g) establish an orderly process to collect unpaid assessments and monetary fines from non-compliant streaming entertainment operators operating in the Commonwealth;
(h) protect the substantial interest of the Commonwealth in preventing false and deceptive business practices; and,
(i) promote competition among streaming entertainment service operators and minimize regulation that would impose an undue economic burden on streaming entertainment operators.
Section 2. Definitions.
For the purposes of this Act, the following words shall have the following meanings:
“Commonwealth”, the Commonwealth of Massachusetts;
“cable operator”, any entity that is providing cable services under a franchise agreement with a city, town or district and remitting a franchise fee to such city, town or district as permitted by the Cable Communications Policy Act of 1984, 47 U.S.C. § 522, et seq.;
“gross revenues”, all revenue received directly or indirectly by a streaming entertainment operator arising from, attributable to, or in any way derived from the sale of streaming entertainment services in the Commonwealth. The term “gross revenues” shall not include bad debts, investment income, refunded deposits, or any taxes on services furnished by streaming entertainment providers and imposed directly upon any user by the local, state, federal or other governmental unit;
“person”, an individual, partnership, association, joint stock company, trust, corporation, or governmental entity;
“public, educational, or governmental access facilities”, facilities and equipment for the use of channel capacity designated for public, educational, or governmental use;
“streaming entertainment services”, any paid service that provides audio, video, or computer-generated or computer-augmented entertainment and delivers such entertainment via digital infrastructure to users and delivers such services through facilities located at least in part in the public rights-of-way without regard to delivery technology, including internet protocol technology or other intelligences. This definition does not include any cable service defined in 47 U.S.C. § 522(6) or any video programming provided by a commercial mobile service provider defined in 47 U.S.C § 332(d) or provided solely as part of, and via, a service that enables users to access content, information, electronic mail, or other services offered over the public internet;
“streaming entertainment operator”, any company, entity, or organization that
(1) provides streaming entertainment services and delivers such entertainment via digital infrastructure provided through facilities located at least in part in the public rights-of-way with regard to delivery technology, including internet technology or other intelligences, and
(2) earns more than two-hundred and fifty thousand dollars (USD $250,000.00) in gross annual revenues from providing such services to users in the Commonwealth;
“video programming”, programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
Section 3. Authority of the Commonwealth to regulate streaming entertainment services and collect compensation for the use of the public rights-of-way.
(a) Pursuant to the authority of the Commonwealth to regulate trade under Section 1 of Chapter 93 and to promote economic competition under Section 4 of Chapter 93, and to regulate business practices for consumer protection under Section 1 of Chapter 93A, the Commonwealth shall regulate the commercial sale of streaming entertainment services to individuals and businesses in the Commonwealth;
(b) pursuant to the authority of the Commonwealth to collect payments from commercial operators doing business with individuals and businesses physically located in the Commonwealth and to levy assessments under Section 1 of Chapter 58, the Commonwealth shall collect payments from the private sector use of the public rights-of-way by imposing an assessment upon streaming entertainment providers;
(c) nothing in this Act shall limit or affect the authority of the Commonwealth or local government or instrumentality thereof regarding ownership and control of public property and public rights-of-way;
(d) no agency of the Commonwealth or local government shall have any authority to regulate the rates charged by any streaming entertainment operator.
Section 4. Imposition and collection of an assessment for the use of the public rights-of-way.
(a) A streaming entertainment operator shall pay an assessment equal to five percent (5%) of such streaming entertainment operator’s gross annual revenues derived from the sale or provision of streaming entertainment services to individuals and businesses in the Commonwealth.
(b) The assessment authorized in this section shall be for each year, or part of each year, that such streaming entertainment operator is engaged in the sale of streaming entertainment services to individuals and businesses in the Commonwealth.
(c) A streaming entertainment operator shall file bi-annual financial statements reporting its gross revenues derived in such period from the sale of streaming entertainment services to individuals and businesses in the Commonwealth.
(1) Financial statements shall be filed with the Department of Revenue and shall not be classified as a public record pursuant to Section 1 of Chapter 66;
(2) financial statements shall contain a complete accounting and itemization of gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment services to individuals and businesses in the Commonwealth;
(3) financial statements shall conform to Generally-Accepted Accounting Principles (GAAP) and shall be submitted in writing;
(4) for the period inclusive of January 1 through June 30, a streaming entertainment operator shall submit a financial statement on or before August 15. For the period inclusive of July 1 through December 31, a streaming entertainment operator shall submit a financial statement on or before February 15 of the following year;
(5) streaming entertainment operators that fail to submit financial statements within thirty (30) days of the aforestated deadlines shall be assessed a monetary penalty amount equal to one percent (1%) of the gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment services to individuals and businesses residing in the Commonwealth during the applicable time period;
(6) streaming entertainment operators that fail to submit financial statements within sixty (60) days of the aforestated deadlines shall be assessed a monetary penalty amount equal to two percent (2%) of the gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment services to individuals and businesses residing in the Commonwealth during the applicable time period;
(7) any monetary penalty assessed upon a streaming entertainment operator for failure to submit financial statements before the deadline shall be cumulative to the assessment of five percent (5%) of gross revenues.
(d) Subject to audit and revision pursuant to the Department of Revenue’s authority in Section 5, the Department of Revenue shall utilize the financial statement of a streaming entertainment operator to assess an amount equal to five percent (5%) of such streaming entertainment operator’s gross revenues derived in such period from the sale or provision of streaming entertainment service to individuals and businesses in the Commonwealth.
(e) Upon assessment by written notice of the Department of Revenue, a streaming entertainment operator must submit payment to the Commonwealth within thirty (30) days of such notice.
(1) Streaming entertainment operators that fail to submit payment within thirty (30) days of the aforestated deadline shall be assessed a monetary penalty amount equal to two percent (2%) of the gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment services to individuals and businesses in the Commonwealth during the applicable time period;
(2) streaming entertainment operators that fail to submit remuneration of the assessment within sixty (60) days of the aforestated deadline shall be assessed a penalty equal to three percent (3%) of the gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment service to individuals and businesses in the Commonwealth during the applicable time period;
(3) any monetary penalty assessed upon a streaming entertainment operator for failure to submit payment before the deadline shall be in addition to the assessment of five percent (5%) of gross revenues.
(f) In accordance with Section 7 of this Act, the Commonwealth, local governments, or instrumentalities thereof, may levy additional monetary and legal penalties upon any streaming entertainment operator that fails to timely provide written financial statements or remuneration of assessments.
Section 5. Right to audit financial records pertaining to assessable gross revenues.
(a) The Commonwealth shall have the right to conduct an audit or review of the records reasonably related to the sources, amounts and computation of assessable gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment service to individuals and businesses residing in the Commonwealth within the previous three (3) years.
(b) Within thirty (30) days of a written request, a streaming entertainment operator shall provide the Department of Revenue with copies of financial records related to the review or audit of assessable gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment services to individuals and businesses residing in the Commonwealth.
(c) In the event of an alleged underpayment, the Department of Revenue shall provide the streaming entertainment operator with a written statement indicating the basis for the alleged underpayment. The streaming entertainment operator shall have thirty (30) days from the receipt of a statement regarding an alleged underpayment to provide the Department of Revenue any written objection to the results of any assessable gross revenue review or audit, including any substantiating documentation. Based on this exchange of information, the Department of Revenue shall make a final determination of the underpayment(s), if any, within thirty (30) days of the streaming entertainment operator’s objection and shall provide the operator with written notice of the determination.
(d) Any additional assessments due to the Commonwealth as a result of the assessable gross revenue review or audit shall be paid to the Department of Revenue by the streaming entertainment operator within forty-five (45) days from the date of written notification of the final decision. If the assessable gross revenue review or audit shows that amounts have been underpaid, then the streaming entertainment operator shall pay the underpaid amount plus monetary fines equal to ten percent (10%) of the underpayment.
(e) A streaming entertainment operator adversely affected by any final action, or failure to act, of the Department of Revenue that is inconsistent with this section may, within thirty (30) days after such action or failure to act, commence an action in any court of competent jurisdiction within the Commonwealth. The court shall hear and decide such action on an expedited basis.
Section 6. Streaming Entertainment Fund
(a) There shall be a Streaming Entertainment Fund which shall consist of amounts credited to the fund in accordance with this section. The fund shall be administered by the state treasurer and held in trust exclusively for the purposes of this section. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.
(b) The Streaming Entertainment Fund shall consist of: (i) revenues collected from the assessment imposed by this Act; (ii) revenue from appropriations or other money specifically designated to be credited to the fund; (iii) interest earned on money in the fund; and (iv) funds from private sources including, but not limited to, gifts, grants and donations received by the Commonwealth that are specifically designated to be credited to the fund. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The secretary of the Commonwealth shall annually, not later than December 31, report on the activity of the fund to the clerks of the Senate and House of Representatives and the Senate and House Committees on Ways and Means.
(c) The Streaming Entertainment Fund shall make bi-annual distributions on March 1and September 1 of each year. On those dates, the Streaming Entertainment Fund shall distribute, with no remainder left, all monies then held in the Fund according to the following formula:
(1) One-fifth (1/5) of the monies in the Streaming Entertainment Fund shall be distributed to the Commonwealth General Fund;
(2) Two-fifths (2/5) of the monies in the Streaming Entertainment Fund shall be distributed to municipalities and local governments in the Commonwealth and further allocated proportionally based upon population;
(3) Two-fifths (2/5) of the monies in the Streaming Entertainment Fund shall be distributed to community media centers in the Commonwealth and further allocated proportionally based upon population.
(d) The Department of Revenue shall use the most recent city and town population estimates of the United States Bureau of the Census in calculating distributions pursuant to(c)(2) and (c)(3) of this section.
(e) Distributions pursuant to (c)(2) of this section shall be listed upon each municipality’s cherry sheet for the upcoming fiscal year.
(f) The Commissioner of Revenue or any official responsible, shall, without further appropriation and upon certification of the Commissioner, distribute all sums allocated under (c) under this section.
(g) All sums distributed under (c)(1) of this section shall be deposited in the Commonwealth General Fund. All sums distributed under (c)(2) of this section shall be deposited in the general fund of the respective municipality. All sums distributed under (c)(3) of this section shall be deposited in accordance with Section 53F¾ of Chapter 44, as amended by Section 8 of this act.
(h) No expenditures from the Streaming Entertainment Fund shall be made except to provide funding for: (i) the operating expenses of the fund; (ii) legal and administrative expenses incurred in enforcing the provisions of this Act; and (iii) legal and administrative expenses incurred in collecting any assessment due under this act.
(i) All sums appropriated under this Act shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity.
(j) All officials and employees of an agency, board, department, commission or division receiving monies under this Act shall take affirmative steps to ensure equality of opportunity and nondiscrimination in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the Commonwealth. Each agency, board, department, commission or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity and nondiscrimination in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs and all terms and conditions of employment.
Section 7. Judicial remedy.
(a) In accordance with Section 1 of Chapter 12, the Attorney General is authorized to enforce this Act. The Attorney General may, within seven (7) years, bring an action to recover any unpaid assessments and monetary penalties, or enjoin the operations of any non-compliant entity, in any court of competent jurisdiction.
(b) Any local government, or class thereof, or community media center adversely impacted by the action, or failure to act, of any streaming entertainment operator under this Act, may, within seven (7) years, bring an action to recover any unpaid assessments and monetary penalties, or enjoin the operations of any non-compliant entity, in any court of competent jurisdiction.
SECTION 2. Municipal streaming fund.
Section 53 F¾ of Chapter 44 of the General Laws shall be amended by adding at the end thereof the following new section: -
“Notwithstanding section 53 or any other general or special law to the contrary, a municipality that accepts this section may establish in the treasury a separate revenue account to be known as the PEG Access and Streaming Entertainment Funds, into which may be deposited funds received in connection with assessments derived from streaming entertainment providers. Monies in the fund shall only be appropriated to support public, educational or governmental access media centers.”
SECTION 3. Effective date.
This act shall take effect on January 1, 2024.
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Resolve providing for a special commission on the field of emergency management
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H740
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HD3209
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{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-20T10:43:40.45'}
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[{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-20T10:43:40.45'}, {'Id': None, 'Name': 'Jennifer Carlson', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T10:43:40.45'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-10T08:48:47.82'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H740/DocumentHistoryActions
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Resolve
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By Representative Vieira of Falmouth, a petition (accompanied by resolve, House, No. 740) of David T. Vieira and Jennifer Carlson for an investigation by a special commission (including members of the General Court) relative to the field of emergency management. Emergency Preparedness and Management.
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Resolved, Resolved, there is hereby established a special commission entitled the “special commission on the field of emergency management” to study and make recommendations concerning the development of the field of emergency management as a profession in the Commonwealth of Massachusetts.
SECTION 1. Terminology
Emergency [Disaster] Management: Defined by the Federal Emergency Management Agency (FEMA), emergency management is: “The managerial function charged with creating the framework within which communities reduce vulnerability to hazards and cope with disasters.”
Emergency Management Field: The U.S. Bureau and Labor Statistics asserts this is the profession in which plans and procedures are prepared for responding to natural disasters or other emergencies. The field also helps to lead the response during and after emergencies. Most emergency management professionals work for local or state governments; while others work for organizations such as hospitals, colleges and universities, or private companies.
Professionalization: Definitions (2022) coins professionalization as, “the social process by which any trade or occupation transforms itself into a true ‘profession of the highest integrity and competence.’ This process tends to involve establishing acceptable qualifications, a professional body or association to oversee the conduct of members of the profession and some degree of demarcation of the qualified from unqualified amateurs.”
Disaster: Defined by the Federal Emergency Management Agency as, “An occurrence of a natural catastrophe, technological accident, or human-caused event that has resulted in severe property damage, deaths, and/or multiple injuries.”
SECTION 2. The special commission shall consist of 21 members:
6 members of the general court, the house and senate chairs of the joint committee on public safety and homeland security, or the chairs’ designees; the house and senate chairs of the joint committee on Covid-19 and emergency preparedness and management, or the chairs’ designees, 1 member appointed by the house minority leader, and 1 member appointed by the senate minority leader;
the secretary of the Massachusetts executive office of public safety and security, or the secretary’s designee;
the director of the Massachusetts emergency management agency, or the director’s designee;
two representatives from the federal emergency management agency (FEMA) appointed by the administrator of FEMA Region I;
the colonel of the Massachusetts state police, or the colonel’s designee;
the state fire marshal of the Massachusetts department of fire services, or the marshal’s designee;
three local emergency management directors appointed by the governor;
two representatives from academia appointed by the governor from a list of five names provided by the International Association of Emergency Managers (IAEM);
two representatives appointed by the division of professional licensure;
two representatives appointed by the governor from a list of five names provided by the Massachusetts voluntary organizations active in disaster (VOAD);
SECTION 3. The special commission shall study and make recommendations relative to the following four initiatives needed for the creation and furtherance of the emergency management profession in the Commonwealth of Massachusetts:
1) Funding of directorships. Review and report on funding options for emergency management director positions in all 351 Massachusetts communities, taking into consideration no responsibilities other than emergency management.
2) Education programs. Review and report on recommended institutions and funding to establish emergency management programs to train emergency management associates and directors.
3) Scholarships. Review and report on scholarships to attend institutions of higher education specifically for emergency management programs.
4) Licensure. Review and report on establishing a licensure process for emergency management directors in Massachusetts that will coincide with federal and interstate licensure developments, mirroring social work and other licensed professions, for professional accountability and credibility.
SECTION 4. The special commission shall file its final report with the clerks of the senate and the house of representatives and the house and senate chairs of the joint committee on public safety and homeland security, 365 days after the date of the first meeting of the special commission.
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An Act relative to on-site sewage disposal systems
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H741
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HD1755
| 193
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-17T15:23:09.57'}
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[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-17T15:23:09.57'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H741/DocumentHistoryActions
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Bill
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By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 741) of James Arciero relative to on-site sewage disposal systems. Environment and Natural Resources.
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SECTION 1. Section 13 of chapter 21A of the Massachusetts General Laws, as appearing in the 2012 official edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
A board of health may adopt a local on-site sewage disposal systems regulation, only to the extent that it imposes standards or other requirements that are more stringent than or otherwise exceed those set forth in Title 5 of the State Environmental Code, 310 CMR 15.000, and only if, prior to adoption by the board of health, the Department of Environmental Protection shall review and approve any such proposed on-site sewage disposal systems regulation based upon findings that the proposed regulation has a generally recognized scientific basis, is a recommended best practice technique, is necessary to protect unusual local resources that warrant special or enhanced protection, and does not conflict with Title 5 of the State Environmental Code, 310 CMR 15.000. An appeal of a decision made under a local wetlands ordinance or by-law shall be made to the Department of Environmental Protection in accordance with the Wetlands Protection Act (G.L. Ch. 131 § 40) and regulations (310 CMR 10.00) thereunder.
SECTION 2. The first paragraph of Section 31 of chapter 111, as so appearing, is hereby amended by inserting after the second sentence the following sentence:-
A board of health may adopt local on-site sewage disposal systems regulations that contain standards or other requirements that are more stringent than or otherwise exceed those set forth in Title 5 of the State Environmental Code, 310 CMR 15.000, only if, prior to adoption by the board of health, the Department of Environmental Protection shall review and approve any such proposed on-site sewage disposal systems regulation based upon findings that the proposed regulation has a generally recognized scientific basis, is a recommended best practice technique, is necessary to protect unusual local resources that warrant special or enhanced protection, and does not conflict with Title 5 of the State Environmental Code, 310 CMR 15.000.
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An Act to protect Massachusetts pollinators
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H742
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HD3158
| 193
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{'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-19T14:28:35.88'}
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[{'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-19T14:28:35.88'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T14:24:35.08'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-14T12:20:00.1433333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-03-07T14:44:18.1966667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-07-27T10:34:22.3'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-07-27T10:34:22.3'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-09-28T14:32:22.45'}]
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Bill
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By Representative Arena-DeRosa of Holliston, a petition (accompanied by bill, House, No. 742) of James C. Arena-DeRosa and others relative to the use and protection of pollinators by further regulating the spraying, release, deposit or application of a neonicotinoid on certain agricultural land. Environment and Natural Resources.
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SECTION 1. Section 2 of chapter 132B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “Nematode” the following definition:-
“Neonicotinoid,” a pesticide belonging to the neonicotinoid class of chemicals which act selectively on nicotine acetylcholine receptors of organisms and are absorbed into plant tissue and can be present in pollen and nectar, including but not limited to, imidacloprid, acetamiprid, clothianidin, dinotefuran, nithiazine, nitenpyram, thiacloprid, and thiamethoxam and any other pesticide identified as a neonicotinoid by the United States Environmental Protection Agency.
SECTION 2. Section 6 of said chapter 132B, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-
No person shall distribute a neonicotinoid, or any substance containing a neonicotinoid, except a neonicotinoid-treated nursery plant, to any person except a certified commercial applicator, a certified private applicator, or a licensed applicator.
SECTION 3. Said chapter 132B, as so appearing, is hereby amended by inserting after section 6K the following section:-
Section 6L. (a) Neonicotinoids shall only be sprayed, released, deposited or applied on any property within the commonwealth by a certified commercial applicator, certified private applicator or licensed applicator.
(b) Upon entering into an agreement to provide services that include application of neonicotinoids, a certified commercial applicator, certified private applicator, or licensed applicator shall provide to property owners the following: (i) a form authorizing the applicator to apply neonicotinoids; (ii) a copy of any warning statements concerning bees on the label of neonicotinoids being applied; and (iii) an acknowledgment signifying that the owner has received and understands this information. This subsection shall not apply to any certified commercial applicator, certified private applicator, or licensed applicator using a neonicotinoid on property that he or she owns.
(c) The subsections (a) and (b) shall not apply to the following products: (i) pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the health of a domesticated animal; (ii) personal care products used to mitigate lice and bedbugs; (iii) indoor pest control products used to mitigate insects indoors, including ant bait and (iv) any products used by licensed or certified applicators for use in industrial, institutional, structural and health related pest control, as defined in 333 CMR 10.03.7.
SECTION 4. Section 10 of said chapter 132B, as so appearing, is hereby amended by inserting in line 61 after the word “management” the following words:- and the protection of pollinators from adverse effects of pesticide applications.
SECTION 5. Section 14 of said chapter 132B, as so appearing, is hereby amended by inserting after the word “inclusive”, in lines 9 and 10, the following words:- , section 6L.
SECTION 6. The Massachusetts Department of Transportation shall identify opportunities in the commonwealth for the replacement of non-native, cool-season turf grasses around solar energy installations on property owned by the department with native plant communities that include flowers, wildflowers, vegetables, weeds, herbs, ornamental plants, cover crops and legume species to attract honey bees and other pollinators.
SECTION 7. Sections 2 through 5, inclusive, shall take effect 6 months after the passage of this Act.
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An Act relative to Long and Moon Islands in Boston Harbor
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H743
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HD1080
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:52:56.097'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:52:56.0966667'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 743) of Bruce J. Ayers relative to Long and Moon Islands in Boston Harbor. Environment and Natural Resources.
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SECTION 1. Section 33 of chapter 92 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the fourth paragraph the following 2 paragraphs:-
The division shall, on Long island within Boston harbor, establish as land of the commonwealth, the Long island reservation for the purposes of park land, passive recreational use and the preservation of open space and conservation land to protect the coastal beaches, palustrine wetlands, estuarine intertidal wetlands, marine intertidal wetlands and salt marsh, and to provide a habitat for native oysters and other local shellfish. The reservation shall create an accessible park for the public with ocean shoreline and shall remain listed in the state register of historic places.
The division shall, on Moon island within Quincy bay, establish as land of the commonwealth, the Moon island reservation for the purposes of park land, passive recreational use and the preservation of open space and conservation land to protect the coastal beaches, palustrine wetlands, estuarine intertidal wetlands, marine intertidal wetlands and salt marsh, and to provide a habitat for native oysters and other local shellfish.
SECTION 2. Not later than June 30, 2025, the department of capital asset and maintenance, on behalf of the division of state parks and recreation in the department of conservation and recreation shall take in fee, pursuant to chapter 79 of the General Laws, the land mass encompassing the islands known as Long island and Moon island in the city of Boston; provided, however, that the department shall enter into leases for certain properties currently used for recreational purposes and rehabilitative facilities. The lands shall be taken pursuant to Article XCVII of the amendments to the Constitution for the public benefit of the commonwealth and Long island and Moon island are hereby declared reservation lands of the commonwealth pursuant to chapter 92 of the General Laws.
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An Act establishing a revolving fund to supplement the funding of waterway projects and coastal protection initiatives
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H744
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HD1129
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:05:25.297'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:05:25.2966667'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 744) of Bruce J. Ayers relative to the funding of waterway projects and coastal protection initiatives. Environment and Natural Resources.
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SECTION 1. Chapter 91 of the General Laws is hereby amended by inserting the following new section after section 10A1/2:—Section 10A3/4. There is hereby established a fund to be known as the Coastal Protection and Harbor Maintenance Revolving Fund to which shall be credited such sums as may from time to time be provided by appropriation. Notwithstanding the provisions of any general or special law to the contrary, the department of environmental management is hereby authorized and directed to utilize the appropriations credited to this fund for providing financial assistance to local government units to meet debt service obligations or bonds incurred by such local government units after January 1, 2021, to finance costs of coastal protection and harbor maintenance projects, or portions thereof, which have been approved by the department.As used in this section, the term “coastal protection and harbor maintenance project” shall mean the planning, including study, professional consultation, engineering, evaluation, preliminary and final design and pre-construction activity, including construction, supervision and purchase of equipment for post-construction maintenance for projects approved by the department that increase or maintain harbor access and maintain or augment structures that provide protection to the coastline and development along the same. The department shall promulgate regulations to define typical projects that are approved for assistance and shall therein provide a process for municipalities to submit additional proposals for consideration should a municipality believe that a project meets the criteria for a coastal protection or harbor maintenance project but is not specifically defined as such in the regulations. Subject to appropriation, the department shall provide financial assistance for each coastal protection and harbor maintenance project or portion thereof authorized by this section in such manner and under such terms and conditions as defined under regulations to be promulgated by the department, including zero or low-interest loans to the municipality, in an aggregate amount equal to 50 percent percent of the approved costs of such project or portion thereof approved by the department of environmental management. This assistance shall not be construed as a replacement and shall not be used in lieu of any other form of grant or other assistance available through the department, but shall assist municipalities in affording and financing their portion of approved and necessary projects.
The state treasurer shall enter into an agreement with the department to provide contract assistance to the department in whatever maximum amount is appropriated by the commonwealth per fiscal year. Subject to appropriation, the department is hereby authorized and directed to report the total annual amount of assistance authorized in each current and subsequent year to meet the provisions of this section and shall file the same with the house and senate committees on ways and means no later than February first of each year, such report shall also detail the number and aggregate amount of requests for assistance the department has received and is unable to provide from this account due to exhaustion of available appropriations.
SECTION 2. This act shall take effect upon passage and the department of environmental management is directed to promulgate the rules and regulations required under this act within 90 days after the effective date of this act.
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An Act relative to community preservation funds for coastal infrastructure
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H745
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HD1139
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:07:54.193'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:07:54.1933333'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 745) of Bruce J. Ayers relative to community preservation funds for seawall repairs. Environment and Natural Resources.
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SECTION 1. Section 6 of chapter 44B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 6, the word “and”.
SECTION 2. Section 6 of chapter 44B of the General Laws,as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “housing”, in line 7, the following words:-
"and in coastal communities that adopt the provisions of this act, not less than 10 per cent for the preservation of public infrastructure through beach nourishment, dune restoration, and seawall maintenance and reconstruction."
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An Act relative to the Division of Waterways to dredge Quincy Bay
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H746
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HD1143
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:08:51.67'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:08:51.67'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-31T16:18:31.5266667'}]
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 746) of Bruce J. Ayers relative to authorizing and directing the Division of Waterways to dredge the harbor area surrounding the Squantum Yacht Club and Wollaston Yacht Club in the city of Quincy. Environment and Natural Resources.
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Chapter 91 of the General Laws shall be amended by adding the following section:-
Section 64. The director of the division of waterways in the department of environmental quality engineering shall dredge the natural channel that exists between the Squantum Yacht Club, the Wollaston Yacht Club and Quincy Bay. The channel serves as a designated emergency route for evacuation by the United States Coast Guard and is used for the expedited transfer of Quincy Bay accident victims to medical treatment facilities.
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An Act relative to the sale of dogs and cats in the Commonwealth of Massachusetts
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H747
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HD1144
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:09:13.74'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:09:13.74'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 747) of Bruce J. Ayers relative to the sale of dogs, cats and rabbits in pet shops. Environment and Natural Resources.
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Chapter 129 of the General Laws is hereby amended by inserting after section 39A the following section:
Section 39A½. A pet shop operator shall not sell a live dog, cat or rabbit in a pet shop unless the dog, cat or rabbit was obtained from a publicly owned animal pound, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter or rescue group that is in a cooperative agreement with at least 1 private or public shelter.Each pet shop shall maintain records sufficient to document the source of each dog, cat or rabbit that the pet shop sells or provides space for, for at least 1 year. Each pet shop shall post, in a conspicuous location on the cage or enclosure of each animal, a sign listing the name of the publicly owned animal pound, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from which each dog, cat or rabbit was obtained. Publicly owned animal pound and public animal control agencies or shelters may periodically require pet shops engaged in the sale of dogs, cats or rabbits to provide access to said records.
A pet shop operator who violates this section shall be subject to a civil penalty of $500. Each animal offered for sale in violation of this section shall constitute a separate violation.
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Resolve to establish a special commission to perform an investigation and providing for a study relative to the long term management, maintenance and future use of the Boston Harbor Long and Moon Islands
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H748
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HD1150
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:10:40.66'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:10:40.66'}]
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Resolve
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By Representative Ayers of Quincy, a petition (accompanied by resolve, House, No. 748) of Bruce J. Ayers for an investigation by a special commission (including members of the General Court) relative to the long-term management and maintenance of certain harbor islands. Environment and Natural Resources.
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Resolved, That, notwithstanding any general law, special law or local ordinance to the contrary, a special commission is hereby established for the purpose of conducting an investigation and study of methods to provide long term management and maintenance of Moon Island and for determining and publicizing projected future use of Long Island; provided that said special commission shall consist of two members of the Senate to be appointed by the Senate President, two members of the House of Representatives to be appointed by the House Speaker, the mayor of Boston or his designee, the district Boston City Councillor, the mayor of Quincy or his designee, the district Quincy City Councillor, one representative of the National Park Service, the Secretary of the Executive Office of Environmental Affairs or his designee, one individual representing conservation and environmental interests appointed by said Secretary and the executive director of the Squantum Neighborhood Association or his designee.
Within 180 days after the passage of this bill, the special commission shall report to the House of Representatives and Senate the results of its investigation and study for preserving Moon Island along with a non-binding master plan for the future use of Long Island. Said special commission shall also file recommendations for further environmental oversight and preservation of said islands together with any drafts of legislation necessary to carry its recommendations into effect by filing same with the Clerk of the House of Representatives no later than December 1, 2025.
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An Act instructing the Massachusetts Department of Fish & Game to study the feasibility of repurposing the former Moon Island Sewage Treatment Plant for the purposes of fish and shellfish farms
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H749
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HD1169
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:14:35.197'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:14:35.1966667'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 749) of Bruce J. Ayers relative to directing the Department of Fish and Game to study the feasibility of re-purposing the former Moon Island Sewage Treatment Plant for use as a fish and shellfish farm. Environment and Natural Resources.
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Section 1. This bill will instruct the Department of Fish & Game to conduct a comprehensive study of the feasibility of repurposing the city of Boston’s former Sewage Treatment Plant, located on Moon Island in Boston Harbor, for the purposes of a fish and shellfish farm. These farms could utilize the 4 cut-granite storage tanks, which have a 50-million gallon capacity, are 900 by 150 feet and are 17 feet deep, separated by walls seven feet thick at the base.
Section 2. Fish and shellfish farming will improve water quality and better the local marine environment, and will benefit marine life such as crabs, eel grass, shrimp, bluefish and striped bass. This fish and shellfish farm will be utilized for environmental and educational purposes, along with improving the water quality in Quincy Bay and Boston Harbor. These farms would be open to public and private schools for educational purposes.
Section 3. These findings will be forwarded to state and local officials, including the Mayor of Boston; the Mayor of Quincy; the Boston Conservation Commission; the Quincy Conservation Commission; the Joint Committee on Environmental Affairs; state legislators representing the city of Boston; state legislators representing the city of Quincy; and other interested parties.
Section 4. These findings must be completed and forwarded to all the aforementioned parties by December 15, 2024.
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An Act creating the Massachusetts digital equity broadband adoption program
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H75
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HD464
| 193
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{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T10:43:22.647'}
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[{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T10:43:22.6466667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T13:58:53.3166667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-10-04T16:02:00.98'}]
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By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 75) of Frank A. Moran and Estela A. Reyes for legislation to provide financial assistance to certain residents to expand the availability of broadband internet connectivity. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Chapter 23A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 68 the following new section:-
Section 69. (a) There shall established within the executive office of housing and economic development a Massachusetts Digital Equity Broadband Adoption Program. The purpose of the program shall be to expand the availability of broadband internet connectivity throughout the commonwealth by providing financial assistance to eligible residents who cannot afford any available service.
(b) For the purposes of this section the following words shall have the following meanings unless the context clearly requires otherwise:
“Broadband service”, shall have the same meaning as defined in 7 C.F.R. § 1738.2.
“Provider”, a provider of broadband service in the commonwealth of Massachusetts.
(c) The office shall enter into an agreement with each provider under which the provider agrees to accept vouchers distributed by the office under this section as a form of payment for the provider’s broadband internet service.
(d) In coordination with the department of elementary and secondary education, the office shall send information regarding the availability of financial assistance under this chapter to each family with students enrolled in kindergarten through twelfth grade. The information must include: (1) the name and contact information of each registered provider whose broadband Internet service is available in their school district; and (2) instructions for applying to the office for financial assistance under this section.
(e) An individual who receives information under subsection (d) may apply for financial assistance under this section in the manner specified by the office. Upon receipt of an application, the office shall determine: (1) the applicant's eligibility for financial assistance; (2) the amount of financial assistance for which the applicant is eligible; and (3) whether the applicant is eligible for a single payment or a recurring payment of financial assistance; based on the office's assessment of the applicant's need. (d) An applicant for financial assistance under this chapter: (1) who is receiving, or whose household includes an individual who is receiving, benefits under: (A) the Temporary Assistance for Needy Families (TANF) program; (B) the federal Supplemental Nutrition Assistance Program (SNAP); or (C) the Medicaid program; or (2) whose household includes a child who is eligible for free or reduced price lunch; is automatically eligible for financial assistance under this chapter.
(f) If the office determines that an individual is eligible for financial assistance under subsection (e), the office shall provide financial assistance to the individual in the form of 1 or more vouchers, each in the amount of fifty dollars ($50), that can be used by the individual to pay 1 or more of the following expenses: (i) Fees charged by a broadband provider for installation, activation, equipment purchase, WiFi extenders or other 1 time expenses of providing broadband Internet service to the individual; or (ii) monthly subscription fees charged by a broadband Internet provider for the provision of broadband Internet service to the individual, including modem and router charges. A voucher may be provided by the office in printed or electronic form.
(f) A registered broadband provider that receives a voucher under this section from an individual who subscribes to the provider's broadband Internet service shall deduct the amount of the voucher from the amount owed by the subscriber for the provider's provision of broadband Internet service to the individual.
SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after section, the following new section:-
Section 2GGGGG. There shall be established a Broadband Adoption Digital Equity Fund to support the implementation of the Massachusetts Digital Equity Broadband Adoption Program established in section 69 of chapter 23A , and to provide residential internet service and related equipment and multilingual digital learning services to individuals through low-cost programs from both private broadband providers and federal assistance programs. The fund shall be administered by the secretary of housing and economic development. There shall be credited to the fund any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund and any gifts, grants, private contributions or investment income earned on the fund's assets and all other sources; provided, that not less than 50 percent of the funds shall be derived from an assessment on providers of broadband services, as defined in section 69 of chapter 23A of the General Laws . Money deposited in the fund that is unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year and shall not be subject to section 5C.
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An Act establishing sustainable and equitable funding for climate change adaptation and mitigation
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H750
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HD3300
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T11:49:11.11'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T11:49:11.11'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-20T11:51:10.75'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T16:41:22.3533333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-27T08:56:39.82'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T11:26:19.8666667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-27T15:33:20.0233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T08:52:11.49'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-17T15:59:27.23'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-12T14:38:22.1366667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-06T15:53:44.1866667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-20T18:53:20.8'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-03T10:58:58.1766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-13T22:58:38.46'}]
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{'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-20T11:49:11.11'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H750/DocumentHistoryActions
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Bill
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By Representatives Blais of Deerfield and Duffy of Holyoke, a petition (accompanied by bill, House, No. 750) of Natalie M. Blais, Patricia A. Duffy and others relative to establishing sustainable and equitable funding for climate change adaptation and mitigation. Environment and Natural Resources.
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SECTION 1. Section 1 of chapter 21N of the General Laws as appearing in the 2020 Official Edition is hereby amended by inserting after the definition of “carbon dioxide equivalent”:--
“Community-Based Organization” means a not-for-profit, grassroots organization, neighborhood land trust, or other entity that is driven by community residents, the majority of whose governing body and staff consists of local residents, the main operating offices are in the community of service, priority issue areas are identified and defined by residents, solutions to address priority issues are developed with residents, and program design, implementation, and evaluation components have residents intimately involved and in leadership positions. Those organizations with staff shall meet workplace standards for fair treatment and compensation of staff.
SECTION 2. Said Chapter 21N is hereby further amended by adding the following section: -
Section 12 (a) There shall be a climate & community resilience fund, hereafter referred to as the fund, to support addressing the causes and impacts of climate change with a focus on communities with significant populations of low-income people, black, indigenous, and people of color, and people who have faced disproportionate burdens from environmental injustices. The administration of the fund shall be governed by the board established in subsections b and c, and support the costs and expenditures for actions outlined in subsection d, according to the priorities and principles outlined in subsection f, and according to the administrative guidelines outlined in subsection g.
The fund shall be in receipt of funds from the following sources:
(i) Monies from the property insurance fee established in subsection h;
(ii) any revenues or other financing sources directed to the fund by appropriation;
(iii) bond revenues or other monies authorized by the general court and specifically designated to be credited to the fund;
(iv) any income derived from the investment of amounts credited to the fund or repayment of loans from the fund;
(v) funds from public or private sources including, but not limited to, gifts, federal or private grants, donations, rebates, and settlements received by the commonwealth that are specifically designated to be credited to the fund; and
(vi) all other amounts credited or transferred into the fund from any other source.
The amounts expended from the fund during any fiscal year for the costs of state agency employees administering the fund shall not exceed a reasonable amount of total funds expended from the fund in that fiscal year. Monies deposited into the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
(b) There is established an eleven-member independent board.
(1) Members of the board shall have expertise in environmental justice, racial justice, food security, affordable and supportive housing, labor and workers’ rights, workforce development, building engineering and energy, resilience and adaptation, insurance and reinsurance, real estate development and management, public health and hospitals, historic preservation, and/or nature-based solutions, or any combination thereof. All members shall be current residents of the commonwealth and the composition of the board must reflect racial, ethnic, geographic, and economic diversity within the commonwealth.
(2) Two-thirds of the members of the board shall be representatives of community-based organizations with open nominations. Members of the board may request compensation for their service on the board and reimbursement for travel costs. The board shall establish a fair rate of compensation per meeting and a cumulative compensation per year.
(3) The secretary of energy and environmental affairs and climate chief shall nominate two members of the board. The speaker of the house of representatives and the president of the senate shall nominate two additional members of the board. These members shall include representatives who provide expertise listed above.
(4) Members shall serve for a term of three (3) years. As the term of any member expires, their successor, or their renewal, shall be nominated openly and chosen by the board. Every three years, the board shall choose a member to be the chair of the board. The board shall meet a minimum of four times per year and may meet more often as it deems necessary to fulfill its obligations under this section.
(5) The board shall receive staff, administrative, and budget support from the executive office of energy and environmental affairs and the office of the climate change chief. The secretary or climate chief, or their designee, shall convene the board within 30 days of enactment, and support the board in developing a plan for implementation of this section to be completed within three months of enactment, including but not limited to:
(i) choosing a chair to facilitate and manage meetings;
(ii) developing and using equitable decision-making frameworks, such as consensus building and methods of voting;
(iii) determining the frequency of meetings, record-keeping, and administrative duties; and
(iv) managing the authority of the board under subsection c.
(c) The board is authorized and directed to determine and execute actions to achieve the goals of this section, including but not limited to:
(i) selecting actions from subsection d based on priorities from subsection f for funding, costs, and expenditures from the fund;
(ii) determining funding allocations from the fund to achieve the goals of subsections d, f, and g;
(iv) determining administrative management and practices in subsection g that ensure eligibility, access, and capacity of community-based organizations receiving funds and capacity of state agencies managing the fund;
(v) ensuring transparency, accountability, monitoring, evaluation, and oversight in subsection i; and,
(vi) sharing advice and recommendations to the secretary and climate chief on how other sources and allocations of the commonwealth’s funding and the commonwealth's management of federal funding allocations for climate change adaptation and mitigation can be more equitable and sustainable and meet the goals of subsection d, f, and g.
The board may convene working groups to study or make recommendations administering, achieving the goals of subsections d, f, and g. Working groups may include individuals not on the board, including representatives of appropriate federal, state, and local agencies and authorities, sector-specific professionals, nonprofit and community-based organizations, financial institution representatives, energy providers and utility representatives, among others.
(d) Amounts credited to the fund may be used, without further appropriation, to provide grants or loans to community-based organizations, nonprofit entities, quasi-governmental, and governmental entities for costs and expenditures incurred for actions taken to support programs and projects that achieve local, regional, or the commonwealth’s climate change mitigation and adaptation goals to address the causes and impacts of climate change and achieve the goals in subsections d, f, and g, and as defined and determined by the board established in sections b and c. Such costs and expenditures may include, but shall not be limited to, the following actions:
(i) supporting equitable and just initiatives that address environmental injustices related to the causes and impacts of climate change using a people-centered approach that centers human health, social and economic well-being and that prioritize people who have been marginalized and divested communities, especially black, indigenous, latinx, and people of color; low-income low-wealth residents; and English isolated residents. (ii) providing support to residents and individuals to mitigate risks and impacts from climate change to their health, such as supporting resilient retrofits and household equipment and devices which help provide safe, livable, resilient homes that address climate change impacts such as extreme cold, heat, flooding, or drought;
(iii) supporting residents, individuals, and outdoor workers by providing community-based resilience centers during extreme cold, heat, or flooding and providing personal cooling devices and equipment;
(iv) supporting municipal and regional coordination to advance implementation of community-identified solutions by providing resources, building staff and volunteer capacity, completing grant applications, providing technical support, and building networks in support of residents, community-based organizations, and others towards broader, more equitable access to climate adaptation and mitigation funding and programs;
(v) supporting workforce development for a diversity of well-paying careers implementing climate-related projects in the built environment and for nature-based solutions, as defined in section 1 of chapter 21N of the general laws and green infrastructure as defined in section 26A of chapter 21 of the general laws, including but not limited to smart building design and operations, urban forestry, and green stormwater infrastructure design and maintenance;
(vi) providing relief and support to low-income residents to avoid displacement and otherwise mitigate any negative impacts from rising property values and taxes due to improvements of properties and communities as a result of local activities and programs supported by the fund;
(vii) supporting, enhancing, or creating state, regional, and local initiatives and innovative efforts that meet the goals of the fund;
A. supporting shall mean providing funds to existing efforts;
B. enhancing shall mean providing additional funds to improve the equitable outcomes and administration of existing efforts; and,
C. creating shall mean providing funds to establish new efforts when absent from among existing efforts.
(vii) planning, monitoring, development, deployment, management, strategies, actions, and measures to achieve carbon emissions reductions and to adapt to and prepare for the impacts of climate change;
(viii) implementing state, regional, and local plans or strategies for climate change mitigation and adaptation, including but not limited to the state hazard mitigation and climate change adaptation plan, the clean energy and climate plan, municipal vulnerability preparedness plans, and other relevant plans;
(ix) evaluating climate plans for how well they identify priority groups that would most benefit from decarbonization and adaptation efforts, directly or indirectly; aligning state, regional, and local plans or strategies for climate change mitigation and adaptation with those for housing, health, water, and economic development; and reviewing them to ensure that these are consistent in their reducing harms in environmental justice communities and populations;
(x) providing funding for match requirements to leverage public and private investment and costs associated with securing and administering those funds;
(xi) monitoring, studying, and reporting on environmental pollutants in the air, water, or soil to prevent or minimize environmental harms to public health; and
(xii) providing administrative support described in subsection g to enhance more equitable deployment and use of state and federal funding.
The board described in subsections b and c is authorized to add to or to adapt the foregoing list of actions and expenditures.
(e) The fund shall not be used for:
(i) man-made carbon capture technologies;
(ii) purchases of offsets through carbon markets; or
(iii) other actions as determined by the board.
(f) The board described in subsections b and c shall prioritize costs and expenditures authorized by section d that achieve more equitable outcomes, including but not limited to:
(i) prioritizing equity by ensuring the majority of investments benefit environmental justice populations, as defined in sections 62J and 62 K of chapter 30 of the general laws, and low-to-moderate-income residents, and within this amount, a portion specified by the board will target environmental justice populations in communities that historically have been rendered marginalized, underserved, and overburdened by pollution, displacement, energy burden and cost while prioritizing climate, environmental, energy, and health benefits;
(ii) supporting environmental justice principles as defined and determined under section 62K of chapter 30 of the general laws;
(iii) coordinating and collaborating with the environmental justice council established under section 62L of chapter 30 of the general laws, the environmental justice director of the executive office of energy and environmental affairs, and non-profit organization coalitions supporting equitable policy and funding for environmental and climate justice;
(ii) creating jobs, requiring local hiring, increasing hiring of low-income, Black, Indigenous, and people of color, and investing in vocational training and certificate programs;
(iv) supporting nature-based solutions as defined in section 1 of chapter 21N of the general laws and green infrastructure as defined in section 26A of chapter 21 of the general laws;
(v) fostering regional collaboration across municipal and county boundaries to realize efficiencies and effectiveness and reflect ecological scales, such as watersheds;
(vi) demonstrating community support for local efforts and projects;
(vii) educating community members and conducting outreach; and,
(viii) fostering and enabling community participation via advisory councils
The board is authorized to add to or to adapt the foregoing list of criteria.
(g) The fund shall be administered to enable community-based organizations to access, use, and manage funding in ways that are consistent with the goals of the fund in subsections d, f, and g. The administration of the fund shall be guided by the following practices, including, but not limited to:
(i) transparency on the impact and benefits of funding;
(ii) clear, accessible, and transparent guidelines for funding application and distribution;
(iii) flexibility for awardees to determine how funding should be spent;
(iv) concise funding applications with guidance and support for preparing said applications to minimize administrative burden for applicants;
(v) improve collaboration and reduce competition by enabling regional awards, joint applications and awards between multiple entities, and by allowing larger organizations to subaward funds to smaller, community-based entities;
(vi) balance the need to fund small, grassroots organizations to meet community-driven goals with the need to ensure that funding is translated into action;
(vii) leverage community expertise; and,
(vii) provide flexible funding options, including but not limited to: upfront funding rather than reimbursement; providing seed and or planning funding; allowing grant funds to be used to support the continuation of existing programs; allowing grant funds to be used for community-based organization administration and operations; reducing or eliminating matching funds requirements; and allowing for multi-year funding.
The board is authorized to add to or to adapt the foregoing list of practices.
(h) There is hereby established a fee on property insurance, including but not limited to home, commercial, fire, allied lines, flood, private flood, and farmers.
The amount of the fee shall be determined by the board using the following criteria, including but not limited to:
(i) a fair distribution of the fee among the types of property owners;
(ii) affordability and tolerance for fees based on income and wealth that do not cause an economic burden for payees;
(iii) minimizes administrative costs for insurance companies; and
(iv) there shall be an opt out provision for people who cannot afford to pay.
The commissioner of the department of revenue shall have the authority to promulgate rules and regulations to carry out the purposes of this section including but not limited to:
(i) administering the fee with efficiency and effectiveness;
(ii) collecting the fee;
(iii) reducing costs to the insurance sector in the administration of fee collection;
(iv) depositing the fees into the fund;
(v) developing compliance and enforcement mechanisms, responsibility, and remedies for non-compliance.
(i) Annually, not later than December 1, the secretary of energy and environmental affairs shall report on an annual basis the activities of the fund to the clerks of the house of representatives and the senate and to the house and senate committees on ways and means and in a place and form that is publicly accessible. The report shall include:
(i) a status report on the implementation of the fund, including but not limited to an accounting of fund disbursement, a clear statement of the percentage of funds allocated to environmental justice and other low-income communities, expenditures made from the fund with a description of the authorized purpose of each expenditure, an accounting of amounts credited to the fund and any unexpended balance remaining in the fund;
(ii) an evaluation of implementation and how and whether the fund is meeting the goals of subsections b, c, and d; and,
(iii) any recommendations for statutory changes needed to meet the goals of this section.
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An Act waiving sporting, hunting or fishing license fees for people who use a wheelchair as their primary source of mobility
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H751
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HD358
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-11T13:41:59.56'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-11T13:41:59.56'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-20T20:25:22.34'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-01T11:45:11.0766667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:19:36.86'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-03T11:56:51.2266667'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-26T09:58:55.4'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-25T04:27:27.13'}]
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{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-11T13:41:59.56'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H751/DocumentHistoryActions
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Bill
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By Representatives Blais of Deerfield and Whipps of Athol, a petition (accompanied by bill, House, No. 751) of Natalie M. Blais, Susannah M. Whipps and others relative to authorizing the waiving of sporting, hunting or fishing license fees for people who use wheelchairs as their primary source of mobility. Environment and Natural Resources.
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Section 11 of chapter 131 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “paraplegic”, in lines 42 and 43, in each instance, the following words:- or person who uses a wheelchair as their primary source of mobility.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize waiving sporting, hunting or fishing license fees for people who use a wheelchair as their primary source of mobility, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act authorizing the establishment of old growth forest reserves
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H752
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HD233
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-11T11:12:47.307'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-11T11:12:47.3066667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:26:02.3033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-04-24T15:08:21.3633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H752/DocumentHistoryActions
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 752) of Natalie M. Blais and Michelle M. DuBois for legislation to establish old growth forest reserves in the Commonwealth. Environment and Natural Resources.
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SECTION 1. Chapter 132 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after section 51 the following 3 sections:-
Section 52. For the purposes of Sections 52 to 54, inclusive, the following words shall have the following meanings:
“Buffer area”, an area on state-owned land immediately adjacent to an old growth forest that is of sufficient size and configuration, as determined by the secretary, for each old growth forest to protect the old growth forest from human activity and alteration and mitigate the effects of natural disturbances including, but not limited to wind, storms, fire, insect infestation, invasive species and disease.
“Old growth forest”, an area of contiguous forest on state-owned land that:
(1) shows no evidence of significant human disturbance that originated on the site;
(2) has a significant component of older trees that are greater than 50 percent of the maximum longevity for the particular species;
(3) is at least 5 acres in size; and
(4) has either: (i) the capacity for self-perpetuation; or (ii) the characteristics of a forest which are indicative of an old growth forest and which otherwise meets the criteria established by regulations of the secretary. Modification of this definition may be made by regulation to incorporate future scientific advances in the understanding of old growth forests.
“Old growth forest reserve”, forest area comprised of old growth forest and buffer area.
“Recommending party”, the commissioner of conservation and recreation or the commissioner of fish and game.
“Secretary”, the secretary of energy and environmental affairs.
“State-owned land”, forest land owned in fee by the commonwealth under the custody and control of the department of conservation and recreation or the department of fish and game.
“Existing Use”, any commercial or recreational project, facility, roadway, industrial or utility corridor, or the repair or future maintenance therein within its existing parameters:
(1) existing as of the date of enactment of this act, or
(2) approved under the Massachusetts Environmental Policy Act (“MEPA”) and where any required approvals and permits have been issued by state and federal agencies, as of the date of such enactment; provided such approvals or permits are valid and which if challenged in a timely judicial proceeding has been upheld by a final court order.
Section 53. (a) The secretary shall conduct an inventory of the forests on state-owned land to determine the extent and condition of old growth forest stands based on existing inventory data and assessments by the departments of conservation and recreation and the department of fish and game. The secretary shall direct such departments to conduct additional assessments and inventories as the secretary deems necessary. The preliminary identification of old growth forest stands should also include an estimate ofnecessary buffer areas, including an explanation of the rationale for the estimated size and shape of such buffer areas.
(b) The secretary may designate a reserve comprised of old growth forest, together with buffer areas, after the forest area has been presented by a recommending party to the secretary in accordance with regulations adopted by the secretary. In approving, rejecting or modifying a designation, the secretary shall consider:
(1) whether the area recommended is consistent with the definitions of old growth forest and buffer area;
(2) whether such designation is consistent with the ecological, historical, educational, cultural, economic, water supply, recreational and other public values of the area; and
(3) the role of the proposed area within a statewide old growth forest reserve system.
(c) If the recommended area appears to meet the definition of an old growth forest as set forth under this section and other criteria established by the secretary pursuant to this section, the secretary may designate it as an old-growth forest reserve after: (i) holding a public hearing within 180 days of the presentation to the secretary, to be held in the region where the the proposed old growth reserve is located; and (ii) consulting with elected officials of each town where the proposed old-growth reserve is located.
Section 54. (a) The secretary shall develop, in consultation with the recommending party and, if different, the administering agency, plans for the management and protection of old growth forest reserves. The secretary shall authorize the continuation of fishing and hunting in designated old growth forest reserves, unless prohibited by regulation. Notwithstanding the previous sentence, the administering agency, after such designation, may restrict or prohibit any activity of fishing and hunting if the agency determines the activity is not suitable for the proection and management of the old growth forest reserve. The secretary may also authorize the continuation of any existing use within the old growth forest reserve, provided such use does not significantly contribute to erosion or other harmful impacts on the forest resources. Upon a determination of the adequacy of a recommendation, the secretary shall establish a moratorium on any activity that is incompatible with the establishment of an old growth forest reserve at such location pending a final determination on designating such area an old growth forest reserve.
(b) The following uses and activities shall be prohibited within the boundaries of old growth forest reserves that have been designated by the secretary in accordance with the provsions under of section 53: (i) new commercial, industrial, roadway or utility development; (ii) new or expanded recreational facilities and uses involving physical impacts to vegetation or soils; and (iii) active timber management practices. Removal or alteration of vegetation and soils, and collecting or harvesting of plants shall be prohibited except in connection with a scientific investigation or restoration program approved by the secretary. The prohibitions in this paragraph shall not apply to emergency personnel in the event of a medical or public safety emergency in an old growth forest reserve. The secretary may approve other exceptions to the prohibitions by issuing a written declaration of emergency in the event of a major accidental, human-induced disturbance, including without limitations in the event of the introduction of exotic invasive plants, disease or insects threatens the integrity of an old growth reserve; a public health, or public safety emergency and to protect the health and well-being of the surrounding public and private forests. The secretary shall restrict management of invasive plants, diseases or insects to activities that are essential to the maintenance of the natural characteristics of the old growth forest reserves, and shall condition such activities to minimize interference with the development and maintenance of natural old growth forest conditions without harming the health and well-being of the surrounding public and private forests.
(c) The secretary shall adopt regulations for the establishment and management of old growth forest reserves.
(d) Any person who violates this section or any regulation promulgated pursuant to this section shall be punished by a fine of not more than $5,000 or by imprisonment in a house of correction for not more than 1 year or both such fine and imprisonment. Each day such violation occurs or continues shall be considered a separate violation.
(e) The superior court shall have jurisdiction to enjoin violations of, or to grant such additional relief as it deems necessary or appropriate to secure compliance with this section upon petition of the secretary or the attorney general.
SECTION 2. The secretary of energy and environmental affairs shall establish a research and education program to monitor the status of forests within old growth forest reserves and to promote understanding of old growth forest reserves.
SECTION 3. The secretary of energy and environmental affairs shall file a report with the joint committee on environment, natural resources and agriculture within 1 year after the effective date of this act identifying the results of the inventory, the regulations developed, and the progress made in designating old growth forest reserves and the preparation of management plans for old growth forest reserves pursuant to this act.
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An Act relative to agricultural disaster relief
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H753
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HD234
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-11T11:13:35.98'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-11T11:13:35.98'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T15:13:09.6733333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-07-27T15:25:48.3833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T16:07:06.91'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:35:19.6866667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T13:34:14.3433333'}]
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 753) of Natalie M. Blais and others for legislation relative to agricultural disaster relief. Environment and Natural Resources.
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SECTION 4. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQ the following section:-
Section 2RRRR. There shall be a fund to be known as the Massachusetts Agricultural Disaster Relief Fund. The money in this fund shall be expended to assist farmers in the commonwealth who have suffered agricultural losses, financial losses, or property damage caused by an event of force majeure.
The Massachusetts Agriculture Relief Fund may receive money from: (i) gifts, grants and donations from public or private sources; (ii) federal reimbursements and grants-in-aid (iii) any appropriations authorized by the general court specifically designated to be credited to the fund; and (iv) any interest earned from the fund. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all money transmitted under this section to ensure the highest interest rate available consistent with the safety of the fund. The books and records of the fund shall be subject to an annual audit by the state auditor. The department of agricultural resources may expend money in the fund and no expenditure from the fund shall cause it to be in deficiency at the close of a fiscal year. The commissioner of agricultural resources shall report annually to the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture on income received into the fund and sources of that income, any expenditure from the fund and the purpose of that expenditure and the fund’s balance. Money in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act supporting farm diversification and sustainability
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H754
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HD1605
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-18T16:11:26.423'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-18T16:11:26.4233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-03-05T09:52:02.2666667'}]
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 754) of Natalie M. Blais and Vanna Howard relative to agricultural preservation restrictions. Environment and Natural Resources.
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SECTION 1. Section 23 of chapter 20 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 84, the words “a maximum of 5 years duration” and inserting in place thereof the following words:- a period of at least 1 year.
SECTION 2. Subsection (b) of said section 23 of said chapter 20, as so appearing, is hereby amended by adding the following 3 sentences:- Notwithstanding the foregoing, the department may approve a special permit for a trial period of 1 year to evaluate a proposal for nonagricultural activities. If a special permit is issued to a permit holder for a 1-year trial period under this subsection, the department shall notify the permit holder of the department’s decision to renew, revoke or amend the permit within 1 year of the date of issuance. If the department fails to notify the permit holder within 1 year of the date of issuance of a special permit of its decision to renew, revoke or amend the special permit, the special permit shall automatically be renewed for a period of 5 years.”.
SECTION 3. Said section 23 of said chapter 20, as so appearing, is hereby further amended by striking out, in line 112, the words “for a special permit authorized in subsection (b)” and inserting in place thereof the following words:- any landowner of land subject to an agricultural preservation restriction who is subject to and aggrieved by a decision of the department relative to a special permit authorized under subsection (b), including a decision regarding the renewal, revocation, amendment to or length of a special permit”.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act reforming energy system planning for equity and climate transformation
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H755
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HD1696
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-18T16:44:10.717'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-18T16:44:10.7166667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T16:42:51.1566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T17:36:55.83'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-13T13:19:24.32'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-17T17:28:24.8866667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-09T14:21:26.4466667'}]
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 755) of Natalie M. Blais and others for legislation to establish a department of energy transformation planning within the Executive Office of Energy and Environmental Affairs. Environment and Natural Resources.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 25C the following chapter:-
Chapter 25D. DEPARTMENT OF ENERGY TRANSFORMATION PLANNING
Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Energy distribution system”, the components of the electric grid, natural gas distribution network, geomicrogrid, or other utility-scale investment that collectively distribute electricity and/or thermal energy to consumers in the Commonwealth.
“Environmental burdens”, as defined in section 62 of chapter 30, including any destruction, damage or impairment of natural resources that is not insignificant, resulting from intentional or reasonably foreseeable causes, including but not limited to, climate change, air pollution, water pollution, improper sewage disposal, dumping of solid wastes and other noxious substances, excessive noise, activities that limit access to natural resources and constructed outdoor recreational facilities and venues, inadequate remediation of pollution, reduction of ground water levels, impairment of water quality, increased flooding or storm water flows, and damage to inland waterways and waterbodies, wetlands, marine shores and waters, forests, open spaces, and playgrounds from private industrial, commercial or government operations or other activity that contaminates or alters the quality of the environment and poses a risk to public health.
“Environmental justice population”, as defined in section 62 of chapter 30 of the General Laws, including a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; or (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income; provided, however, that for a neighborhood that does not meet said criteria, but a geographic portion of that neighborhood meets at least 1 criterion, the secretary may designate that geographic portion as an environmental justice population upon the petition of at least 10 residents of the geographic portion of that neighborhood meeting any such criteria; provided further, that the secretary may determine that a neighborhood, including any geographic portion thereof, shall not be designated an environmental justice population upon finding that: (A) the annual median household income of that neighborhood is greater than 125 per cent of the statewide median household income; (B) a majority of persons age 25 and older in that neighborhood have a college education; (C) the neighborhood does not bear an unfair burden of environmental pollution; and (D) the neighborhood has more than limited access to natural resources, including open spaces and water resources, playgrounds and other constructed outdoor recreational facilities and venues.
“Environmental justice principles”, as defined in section 62 of chapter 30 of the General Laws, including principles that support protection from environmental pollution and the ability to live in and enjoy a clean and healthy environment, regardless of race, color, income, class, handicap, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious belief or English language proficiency, which includes: (i) the meaningful involvement of all people with respect to the development, implementation and enforcement of environmental laws, regulations and policies, including climate change policies; and (ii) the equitable distribution of energy and environmental benefits and environmental burdens.
“Long-term distribution system planning”, comprehensive 10-year plan for the energy distribution system to meet customers’ energy, capacity, and thermal needs.
“Distributed energy resources”, distributed renewable generation facilities, energy efficiency, energy storage, electric vehicles, active demand management, and load management technologies.
Section 2. There shall be within the executive office of energy and environmental affairs a department called the department of energy transformation planning, under the supervision of a commissioner of energy transformation planning, hereinafter the commissioner. The duties given to the commissioner in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the secretary of energy and environmental affairs. The commissioner shall be appointed by the secretary of energy and environmental affairs, with the approval of the governor, and may, with like approval, be removed. The commissioner shall be a person of skill and experience in the field of energy regulation or policy and shall serve a term coterminous with that of the governor. The position of commissioner shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The commissioner shall devote full time during business hours to the duties of the office. In the case of an absence or vacancy in the office of the commissioner, or in the case of disability as determined by the secretary, the secretary may designate an acting commissioner to serve as commissioner until the vacancy is filled or the absence or disability ceases. The acting commissioner shall have all the powers and duties of the commissioner and shall have similar qualifications as the commissioner.
Section 3. The commissioner shall be the executive and administrative head of the department of energy transformation planning and shall be responsible for administering and enforcing the provisions of law relative to the division and to each administrative unit thereof.
The department shall advance the commonwealth’s public interest by conducting statewide long-term distribution system planning. The department’s long-term distribution planning shall meet the goals and objectives outlined in section 5.
The commissioner may, from time to time, subject to appropriation, establish within the department such administrative units as may be necessary for the efficient and economical administration of the department and, when necessary for such purpose, may abolish any such administrative unit, or may merge any 2 or more of them, as the commissioner deems advisable. The commissioner shall prepare and keep current a statement of the organization of the department, of the assignment of its functions to its various administrative units, offices and employees, and of the places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as the department's description of organization. A current copy of the description of organization shall be kept on file in the office of the secretary of state and in the office of the secretary of administration.
Section 4. Subject to appropriation, the commissioner of energy transformation planning with the approval of the governor may appoint such persons as they shall deem necessary to perform the functions of the department and his office, provided that the provisions of chapter 31 and section 9Aof chapter 30 shall not apply to any person holding any such appointment. Every person so appointed to any position in his office shall have experience and skill in the field of such position. So far as practicable in the judgment of the commissioner, appointments to such positions in their office shall be made by promoting or transferring employees of the commonwealth serving in positions which are classified under chapter 31, and such appointments shall at all times reflect the professional needs of the department or division affected. If an employee serving in a position which is classified under chapter 31 or in which an employee has tenure by reason of section 9A of chapter 30 shall be appointed to a position within this office which is not subject to the provisions of chapter 31, the employee shall upon termination of his service in such position be restored to the position which they held immediately prior to such appointment; provided, however, that their service in such position shall be determined by the civil service commission in accordance with the standards applied by said commission in administering chapter 31. Such restoration shall be made without impairment of their civil service status or tenure under section 9A of chapter 30 and without loss of seniority, retirement or other rights to which uninterrupted service in such prior position would have entitled him. During the period of such appointment, each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examination for which the person would otherwise have been eligible. The general court shall appropriate funding necessary to fully implement the long-term distribution system planning provisions of this chapter.
Section 5. (a) The department shall, in consultation with the Department of Energy Resources and the Department of Public Utilities, develop and implement long-term distribution system plans to assist in the transition to a clean, affordable, and reliable electric grid and restructured natural gas distribution system in a cost-effective manner. No later than December 31, 2023, and every 3 years thereafter, the shall issue a 10-year plan for the energy distribution system to enable the cost-effective achievement of statewide greenhouse gas emissions limits and other climate policies pursuant to chapter 21N. The plan shall examine the energy distribution system’s relationship to the regional grid, to identify cost-effective solutions to improve reliability and resiliency, and to achieve greenhouse gas reductions.
(b) The department shall be responsible for the following functions and duties:
(i) enhanced load forecasting that reflects end-use electrification and distributed energy resources, in coordination with electric distribution companies;
(ii) coordinating with utilities to ensure data adequacy, accuracy, consistency, and transparency;
(iii) coordinating with relevant executive offices charged with energy policy to incorporate other public policy programs and objectives, including equitable access to the benefits of distributed energy resources; and
(iv) development of related metrics for monitoring incremental progress toward planning goals pursuant to section 5, including for the purposes of evaluating electric or natural gas distribution company service pursuant to section 5.
(c) The department shall conduct its long-term distribution system planning in a fully transparent and accessible way and shall allow for rigorous stakeholder input. The department shall run technical conferences and stakeholder workshops before the plans are developed to define requirements and inform inputs, assumptions, methodologies, and tools that will assist the department in determining what actions it shall direct an electric transmission and distribution company to take. An electric transmission and distribution company shall ensure to the greatest extent practicable that any information requested by the department is provided in a form accessible to interested parties and all relevant data and distribution planning modeling tools are available to stakeholders subject to commercial non-disclosure, confidential energy infrastructure, codes of conduct and other commercial, department of public utilities, and FERC requirements.
Plans shall include, but not be limited to: (i) forecasts of projected load that accounts for factors including projected end-use electrification, state climate mandates, energy efficiency and distributed energy resources;
(ii) baseline energy supply data and assessment, including but not limited to energy generation additions including renewable energy, and energy storage installations;
(iii) hosting capacity analysis including locational benefits of distributed energy resources and areas of existing or potential system congestion;
(iv) analysis of available and emerging technologies necessary to enable load management and flexibility;
(v) an assessment of the environmental burdens and impact upon environmental justice populations of integrated distribution plans;
(vi) an assessment of consumer cost impacts and protections for low-income communities;
(vii) a 3-year action plan to optimize near-term grid investments and operations; and
(viii) pathways that address the strategic wind-down of the natural gas system, including whether components of the gas distribution system should be safely decommissioned, replaced, repaired, or repurposed to meet customer needs, including the possibility of using networked geothermal systems that use non-emitting renewable thermal infrastructure.
Section 6. (a) The department shall conduct the long-term distribution system planning for the technologies and services that are required to meet statewide greenhouse gas emissions limits pursuant to chapter 21N. The department shall conduct long-term system planning so that the commonwealth can mitigate and equitably adapt to climate change while minimizing stranded costs.
(b) Each plan shall prioritize alleviating and mitigating energy burdens experienced by environmental justice populations and shall equitably allocate costs.
(c) The department shall integrate and utilize distributed and local energy resources to meet customers’ energy, capacity, and thermal needs and shall maximize customer benefits while attempting to minimize costs. The department shall consider the costs of climate change impacts, including societal impacts and impacts to the distribution system itself, when evaluating alternate pathways for meeting distribution system needs.
(d) The distribution system plans shall ensure energy system safety, reliability, and affordability.
Section 7. The department may at any time, if it determines it is necessary, revise an energy distribution system plan to address any deficiencies. The department of public utilities may order an electric or natural gas distribution company to take any reasonable actions to align its business, programs, operations, and investments with the plan.
Section 8. (a) The department shall conduct open and competitive procurement processes to solicit proposals to fill the system needs identified in the energy distribution system plan. The department shall oversee open markets to solicit and to select projects that meet the grid, consumer, environmental justice principles, and climate objectives outlined in section 5.
(b) The department shall determine which distribution assets may provide consumer and grid benefits by remaining under monopoly ownership and control and shall assign those needs directly to the electric distribution company who shall incorporate them in their next rate case or grid modernization proceeding before the department of public utilities.
SECTION 2. The secretary of energy and environmental affairs, in consultation with the department of public utilities, shall promulgate regulations for the implementation, administration and enforcement of this chapter.
SECTION 3. No later than 90 days after the effective date of this act, the secretary of energy and environmental affairs shall submit a report to the clerks of the senate and the house of representatives, joint committee on telecommunications, utilities, and energy, the house and senate committees on ways and means, that includes an assessment of staffing and resources that may be necessary to implement the long-term distribution planning provisions of chapter 25D of the General Laws, as inserted by this act.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act establishing an office of outdoor recreation
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H756
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HD3430
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T12:05:04.907'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T12:05:04.9066667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T16:41:12.18'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-26T09:57:21.61'}]
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 756) of Natalie M. Blais, Mindy Domb and Aaron L. Saunders that the Executive Office of Energy and Environmental Affairs be authorized to establish the office of outdoor recreation. Environment and Natural Resources.
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SECTION 1. Chapter 21A of the General Laws is hereby amended by adding the following section:-
Section 7C. (a) There shall be within the executive office of energy and environmental affairs, the office of outdoor recreation. The office of outdoor recreation shall be administered by a director who shall be appointed, and may be removed, by the secretary. The position of director shall not be subject to the provisions of chapter 31 or section 9A of chapter 30.
(b) “Recreational use”, active or passive recreational use including, but not limited to, activities that take place predominantly in a natural environment or a natural physical landscape, including activities that are dependent on trails, natural landscapes, waters, and snow; community gardens; and parks and nature-based playgrounds. Recreational use shall not include horse racing or indoor stadiums, gymnasiums, or similar structures.
(c) The Director will create and implement a strategic plan to achieve the following objectives:
Promote the Massachusetts outdoor recreation economy through partnerships with businesses, non-profit organizations, and local communities to advance outdoor recreation as an economic driver; advance equity and access to outdoor recreation opportunities; coordinate policy and recruit funding across federal, state, regional, and local governments; work with landowners and managers throughout the Commonwealth to promote public access and recreation infrastructure; and promote Massachusetts as a great place to work, live, and recreate, and improve quality of life for residents and visitors.
(d) The director of the office of outdoor recreation shall:
1. Establish metrics and baselines to evaluate the impacts of programs and initiatives of the office.
2. Identify and secure funding for outdoor recreation projects via federal grants and partnerships with non-profit organizations and businesses.
3. Serve as the central point of contact for the outdoor recreation industry, and work with industry partners to address potential challenges and opportunities.
4. Coordinate with state agencies and secretariats including but not limited to the Massachusetts Office of Travel and Tourism, the Department of Conservation and
5. Recreation, the Department of Fish and Game, Housing and Economic Development, and the Department of Public Health to implement cross-agency initiatives and priorities.
6. Hire and manage any additional staff, contractors, and interns that may be hired by the office.
7. Represent the Commonwealth in regional and national learning networks and utilize best-practices to inform initiatives and priorities.
8. Partner with peer agencies, local governments, the federal government, businesses, and non-profit organizations to establish a strategic plan and associated initiatives, projects, and policies to advance the economic, quality of life, natural resource, and health benefits of outdoor recreation, and to ensure they are accessible to all, including those with disabling conditions.
9. Identify, recruit, and secure funding for outdoor recreation projects, infrastructure, and programs from federal, non-profit, and private grant programs, and distribute to projects and programs throughout the Commonwealth.
10. Develop and build the structure for the Office of Outdoor Recreation, including operational procedures and the hiring/management of contractors and additional staff.
11. Represent the Commonwealth at events, conferences, and speaking engagements related to outdoor recreation and the outdoor recreation economy.
12. Create and promote marketing materials in coordination with the Massachusetts Office of Travel and Tourism to attract and retain visitors and investment in Massachusetts communities.
13. Develop and maintain a network of businesses, non-profits, and government partners who work in the outdoor recreation or outdoor recreation-adjacent fields.
14. Develop and maintain metrics to track the Office’s impact and publish an annual report on the website of the executive office of energy and environmental affairs.
(e) The director in accomplishing the purposes of the office of outdoor recreation may with the approval of the secretary, expend funds from the Outdoor Recreation Trust Fund as provided under section 2GGGGG of chapter 29.
(f) The secretary shall be authorized to adopt regulations necessary for the administration of this section.
SECTION 2. The last sentence of section 8 of said chapter 21A, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “enforcement,”, in lines 91 and 92, the words:- the office of outdoor recreation.
SECTION 3. Chapter 29 of the General Laws is hereby amended by adding the following section:-
Section 2GGGGG. There shall be established and set up on the books of the commonwealth a separate fund known as the Outdoor Recreation Trust Fund. The purpose of the fund shall be to provide competitive grants for programs, projects and initiatives, to public and private organizations to further the objectives of the office of outdoor recreation, established under section 7C of chapter 21A. The director of outdoor recreation shall administer the fund, subject to the approval of the secretary of energy and environment. Amounts credited to the fund shall without further appropriation, be expended only for the purposes stated in this section.
The fund shall consist of all monies credited, received, or transferred to the fund from (i) private or public sources as appropriations, gifts, grants, donations, or receipts, (ii) the federal government as reimbursements, grants-in-aid, or other receipts, and (iii) revenue from investing the monies in the fund. Revenues remaining in the fund at the end of a fiscal year shall not revert to the general fund and shall be available for expenditure in the following fiscal year. The fund shall not be subject to the provisions of section 5D. No expenditure from the fund shall cause the fund to be in deficiency at the end of the fiscal year. The director shall report annually, not later than October 1, on the fund’s activities, including information about fund receipts, expenditures and the reason for each such expenditure, and fund balances, to the clerks of the house and senate, and the chairs of the house and senate committees on ways and means.
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An Act creating the outdoor recreation program
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H757
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HD3432
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T11:54:50.08'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T11:54:50.08'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-06-21T11:38:01.12'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T08:44:16.1366667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-13T08:58:31.53'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-09-22T11:26:54.5566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:21:10.7633333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:19:47.8033333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T09:24:26.2833333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-05-02T12:47:00.3433333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-09T13:23:23.44'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-01T14:16:21.7666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T15:30:13.23'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T18:40:37.5133333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T15:07:41.9333333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-30T17:21:09.7233333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-02T17:20:29.2566667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-06T16:42:50.5066667'}]
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 757) of Natalie M. Blais and others that certain sales tax revenues be dedicated to an outdoor recreation trust fund. Environment and Natural Resources.
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Chapter 131 of the General Laws is hereby amended by inserting after section 2C the following section: -
Section 2D. (a) As used in this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Equity,” the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.
“Underserved communities,” populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the definition, “equity” in this chapter, and shall include environmental justice populations as defined by the Massachusetts Executive Office of Energy and Environmental Affairs.
''Recreation agency'', the commonwealth, or any subdivision thereof, or any municipality, regional planning agency, community development corporation, or nonprofit organization organized for the purposes of public recreation or the conservation, creation, preservation, and restoration of natural resources, which is authorized to do business in the commonwealth, and which has tax-exempt status as a nonprofit charitable organization as described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
“Recreational use”, active or passive recreational use including, but not limited to, activities that take place predominantly in a natural environment or a natural physical landscape, including activities that are dependent on trails, natural landscapes, waters, and snow; community gardens; and parks and nature-based playgrounds. Recreational use shall not include horse racing or indoor stadiums, gymnasiums, or similar structures.
“Sporting goods”, defined under the North American Industry Classification Code 451110, sporting goods stores, for the most recent year that such data is available.
“Sporting goods sales tax revenue amount,” all sales tax revenue received by the commonwealth from the sale of sporting goods, as defined by Section 2(D)(a).
(b) There is hereby established and set up on the books of the commonwealth a separate fund, to be known as the outdoor recreation trust fund. The fund shall be administered by the Massachusetts office of outdoor recreation to provide grants for recreational use programs, planning, and projects. There shall be credited to the fund the dedicated sporting goods sales tax revenue amount.
(c) All sporting goods sales tax revenue shall be automatically credited by the state treasurer to the outdoor recreation trust fund. The trust fund may accept public and private gifts, grants and donations to further the purposes of this chapter; and any other monies credited to or transferred from any other source pursuant to state law.
(d) All revenues credited under this chapter shall remain in the outdoor recreation trust fund, including unexpended balances remaining at the end of each fiscal year, for the sole purposes of operating the Massachusetts office of outdoor recreation. The state treasurer shall not deposit said revenues in or transfer said revenues to the General Fund or any other fund other than the outdoor recreation trust fund. The state treasurer shall secure the highest interest rate available for monies deposited in the outdoor recreation trust fund; and shall require that all amounts deposited shall be available for withdrawal without penalty. All interest accrued and earnings shall be deposited into the fund.
(e) Any expenses needed to administer the trust fund shall be considered operating expenses and shall not exceed five percent of the annual total revenue received into the outdoor recreation trust fund.
(f) The commissioner of the department of revenue shall annually report to the public by source all amounts credited to said trust fund and all expenditures from said trust fund.
(g) There is hereby established an outdoor recreation program administered by the office of outdoor recreation within the executive office of energy and environmental affairs that shall annually create and implement an outdoor recreation grant program funded by the outdoor recreation trust fund to be used for the benefit of the public and dedicated to enhancing and expanding outdoor recreational use and growing the outdoor recreation economy. Monies from the outdoor recreation trust fund shall be made available in each fiscal year for the outdoor recreation program, planning and project grants.
(h) Grants shall cover costs associated with grant administration; planning, creating, and improving, outdoor recreational amenities; and for the acquisition, conservation, creation, preservation, improvement, and restoration of natural resources for recreational use; and to enhance public access to recreational opportunities. Grants shall only be made to a recreation agency, as defined by Section 2(D)(a).
(i) In expending amounts credited to the fund, priority consideration shall be given to benefit underserved communities for the benefit of underserved communities as defined by Section 2D of this chapter.
(j) Projects that receive funding under this chapter shall allow for public access and use, unless otherwise prohibited by applicable law.
(k) The trust fund shall not award grants for horse racing or the use of natural resources for a stadium, gymnasium, or similar indoor structure. Funds shall not be used for maintenance of recreational facilities. The use of grants to install artificial turf shall be prohibited from this grant program.
(l) The secretary of energy and environmental affairs shall promulgate rules and regulations to implement this chapter and assign personnel to manage outdoor recreation program grants within the Massachusetts office of outdoor recreation.
(m) This act shall become effective 120 days after passage.
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An Act to promote economic opportunities for cottage food entrepreneurs
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H758
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HD3780
| 193
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{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T10:21:04.76'}
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[{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T10:21:04.76'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-21T11:24:54.4366667'}]
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Bill
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By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 758) of Nicholas A. Boldyga relative to the regulation and availability of cottage foods. Environment and Natural Resources.
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SECTION 1. Section 146 of chapter 94 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, in line 11, after the word “health.”, the following words:- Local boards of health shall not establish rules or regulations for cottage food operations.
SECTION 2. Section 1 of chapter 94 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of ‘cosmetic’ the following definitions:- ‘cottage food operation’, in sections 146 and 330, is a person who produces cottage food products only in the home kitchen of that person’s domestic residence for retail sale directly to the consumer either in person, including but not limited to farmers markets, public events, and roadside stands, by telephone, internet, or mail delivery. ‘Cottage food product’ in section 330, is a non-time/temperature control for safety food including but not limited to baked goods, jams or jellies, and other non-time/temperature control for food safety food produced at a cottage food operation.
SECTION 3. Said chapter 94 of the General Laws, is hereby further amended by inserting after section 329 the following section:- Section 330. (a) Other than requirements set forth in this section, a cottage food operation is exempt from permitting, licensing, inspection, packaging, and labelling requirements for food establishments set by State law, the Department of Public Health, and local boards of health.
(b) This section does not exempt a cottage food business from any applicable State or federal tax laws.
(c) Nothing in this chapter shall be construed to impede the Department of Public Health or local health boards in any investigation of a reported foodborne illness.
(d) Nothing in this chapter shall preclude the Department of Public Health or local health boards from providing assistance, consultation, or an inspection at the request of the producer of a cottage food product.
(e) Cottage food operations must provide the following information to the consumer:
(1) the cottage food operation’s name;
(2) the cottage food operation’s address or personal identification number;
(3) the common or usual name of the cottage food product;
(4) the ingredients of the cottage food product in descending order of predominance; and
(5) the following statement: “This product was produced at a private residence that is exempt from Massachusetts licensing and inspection requirements. This product may contain allergens.”
(f) The information required in subsection (e) must be provided:
(1) on a label affixed to the package if the cottage food product is packaged;
(2) on a label affixed to the container, if the cottage food product is offered for sale from a bulk container;
(3) on a placard displayed at the point of sale, if the cottage food product is neither packaged nor offered for sale from a bulk container; or
(4) on the webpage on which the cottage food product is offered for sale if the cottage food product is offered for sale on the internet.
(5) If the cottage food product is sold by telephone or custom order, the seller need not display the information required by section, but the seller must disclose to the consumer that the cottage food product is produced at residential kitchen that is exempt from state licensing and inspection requirements; and may contain allergens.
(g) The Department of Public Health shall establish and maintain a voluntary cottage food operation registry. The voluntary cottage food operation registry shall only allow the Department of Public Health to issue personal identification numbers for cottage food product labels as an alternative to the cottage food operation’s address. The Department of Public Health shall issue a personal identification number to cottage food operators who have submitted applications for the registry that are approved by the Department of Public Health and have paid the registration fee. The Department of Public Health may charge a fee, not to exceed $25, to each cottage food operation registrant.
(h) The Department of Public Health shall make available an application for the cottage food operation registry that provides for the following:
(1) the cottage food operator’s full name,
(2) the cottage food operation’s address,
(3) the cottage food operation’s primary telephone number, and
(4) the cottage food operation’s primary email address.
(i) The cottage food operation shall update the Department of Public Health when there is a change to any of the registration details including their name, residential kitchen address, telephone number, and email address.
(j) The Department of Public Health shall not require cottage food operators to register for a personal identification number.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act to create the department of marine fisheries resources
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H759
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HD1918
| 193
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-18T22:45:04.093'}
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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-18T22:45:04.0933333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:20:48.61'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:55:20.2133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:57:48.9866667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:44:41.3266667'}]
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Bill
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By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 759) of Antonio F. D. Cabral and others for legislation to establish a division of marine fisheries resources within the Department of Fish and Game of the Executive Office of Energy and Environmental Affairs. Environment and Natural Resources.
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SECTION 1. Section 1 of chapter 130 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, by striking out, in line 25, “division of marine fisheries” and inserting in place thereof the following: “division of marine fisheries resources.”
SECTION 2. Chapter 130 of the General Laws, as so appearing, is hereby amended by striking out section 1A and inserting in place thereof the following:
Section 1A. The division of marine fisheries resources shall be within the department in the executive office of environmental affairs and shall be under the administrative supervision of a director who shall be called the director of marine fisheries resources. The director of the division of marine fisheries resources shall be appointed and may be removed by the commissioner of the department of fish and game with the approval of the marine fisheries advisory commission. The said division of marine fisheries resources shall:
(a) Promote and develop the commercial fishing industry; investigate improved methods of marketing and distributing commercial fish products within the commonwealth; and establish standards and design labels for the identification of commercial fish products processed, prepared or packed for distribution and for retail sales.
(b) Improve the conditions for fishermen, fish processors, and other shoreside industries.
(c) Collect and disseminate catch data as well as statistics about the fish and shellfish brought into, processed, marketed, stored, or held within the commonwealth, and make such statistics available to the public from time to time and the location thereof.
(d) Arrange lectures and issues for the general distribution of such publications best adapted to promote the interests of commercial fisheries.
(e) Establish and maintain properties at such places within the commonwealth for the purpose of propagating, rearing, and protecting fish.
(f) Enter into agreements with public or private entities, including the University of Massachusetts, to perform fish counts and fish stock analyses or other fisheries research.
(g) Publish reports or recommendations based on fish counts, fish stock analyses, or other fisheries research.
(h) Advise the Governor of the potential impact of regulation on the fishing industry and cooperate with all departments, boards, officials, and institutions of the commonwealth or its subdivisions that may be concerned in any way with matters under its supervision.
(i) Co-operate with other states, with the United States of America or any agency thereof, with other nations and with any other agencies as may be authorized by the general court, and receive and dispense such funds from any of such agencies, states or governments as may be authorized by the general court; and
(j) Oversee the division of marine fisheries resources and all its functions and administer all the laws relating to marine fisheries as appearing in chapter one hundred and thirty and any other general or special laws, except as pertaining to the enforcement thereof.
SECTION 3. Section 1B of chapter 130, as so appearing, is hereby amended by striking out, in line 1, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”.
SECTION 4. Section 74 of said chapter 130, as so appearing, is hereby amended as follows:
(a) striking out, in line 1, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”; and
(b) striking out, in line 8, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”; and
(c) striking out, in lines 10-11, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”.
(d) striking out, in line 26, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”.
(e) striking out, in line 36, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”.
(f) striking out, in line 41, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”.
(g) striking out, in line 44, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”.
(h) striking out, in lines 45-46, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”.
(i) striking out, in lines 51-52, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”.
(j) striking out, in line 58, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”.
(k) striking out, in lines 62-63, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”.
SECTION 5. Section 76 of said chapter, as so appearing is hereby amended by striking out, in line 1, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”.
SECTION 6. Section 77 of said chapter 130, as so appearing, is hereby amended by striking out, in lines 2-3, the words “division of marine fisheries” and inserting in place thereof the following words: - “division of marine fisheries resources”.
SECTION 7. Section 80 of said chapter 130, as so appearing, is hereby amended by striking out, in line 25, the words “division of marine fisheries” and inserting in place thereof the following words: “division of marine fisheries resources”
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act relative to protecting sensitive information from security breaches
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H76
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HD1851
| 193
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{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-18T20:09:52.853'}
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[{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-18T20:09:52.8533333'}]
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Bill
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By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 76) of Tram T. Nguyen relative to protecting sensitive information from security breaches. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Section 1 of chapter 93H of the General Laws is hereby amended by inserting after the definition of “Agency” the following definition:-
“Biometric information”, a retina or iris scan, fingerprint, voiceprint, map or scan of hand or face geometry, vein pattern, gait pattern, or other data generated from the specific technical processing of an individual’s unique biological or physiological patterns or characteristics used to authenticate or identify a specific individual; provided, however, that “biometric information” shall not include:
(i) a digital or physical photograph;
(ii) an audio or video recording; or
(iii) data generated from a digital or physical photograph, or an audio or video recording, unless such data is generated to identify a specific individual.
SECTION 2. Said section 1 of said chapter 93H is hereby further amended by striking out the definition of “Breach of security” and inserting in place thereof the following definition:-
“Breach of security”, the unauthorized acquisition or use of unencrypted electronic data, or encrypted electronic data when the encryption key or security credential has been acquired; provided, however, that such unauthorized acquisition or use compromises the security, confidentiality, or integrity of personal information maintained by a person or agency; and provided further, that a good faith but unauthorized acquisition of personal information by an employee or agent of a person or agency for the lawful purposes of such person or agency is not a breach of security unless the personal information is used in an unauthorized manner or subject to further unauthorized disclosure.
SECTION 3. Said section 1 of said chapter 93H is hereby further amended by inserting after the definition of “Encrypted” the following definitions:-
“Genetic information”, information, regardless of format, that:
(i) results from the analysis of a biological sample of an individual, or from another source enabling equivalent information to be obtained; and
(ii) concerns an individual’s genetic material, including, but not limited to, deoxyribonucleic acids (DNA), ribonucleic acids (RNA), genes, chromosomes, alleles, genomes, alterations or modifications to DNA or RNA, single nucleotide polymorphisms (SNPs), uninterpreted data that results from analysis of the biological sample or other source, and any information extrapolated, derived, or inferred therefrom.
"Health insurance information”, an individual’s health insurance policy number, subscriber identification number, or any identifier used by a health insurer to identify the individual.
“Medical information”, information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a healthcare professional.
SECTION 4. Said section 1 of said chapter 93H is hereby further amended by striking out the definition of “Personal information” and inserting in place thereof the following definition:-
“Personal information” shall mean either of the following:
(i) a resident’s first name and last name or first initial and last name in combination with any 1 or more of the following data elements that relate to such resident:
(A) social security number;
(B) taxpayer identification number or identity protection personal identification number issued by the Internal Revenue Service;
(C) driver’s license number, passport number, military identification number, state-issued identification card number, or other unique identification number issued by the government that is commonly used to verify the identity of a specific individual;
(D) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to a resident's financial account;
(E) biometric information;
(F) date of birth;
(G) genetic information;
(H) health insurance information;
(I) medical information; or
(J) specific geolocation information; or
(ii) a username or electronic mail address, in combination with a password or security question and answer that would permit access to an online account.
SECTION 5. Said section 1 of said chapter 93H is hereby further amended by inserting after the definition of “Personal information” the following definition:-
“Specific geolocation information”, information derived from technology including, but not limited to, global positioning system level latitude and longitude coordinates or other mechanisms that directly identify the specific location of an individual within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet; provided, however, that “geolocation information” shall exclude the content of communications or any information generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.
SECTION 6. Section 2 of said chapter 93H is hereby amended by inserting the following subsection:-
(d) The rules and regulations adopted pursuant to this section shall be updated from time to time to reflect any changes to the definitions of “breach of security” or “personal information” in section 1.
SECTION 7. Section 3 of said chapter 93H is hereby amended by inserting after the words “unauthorized purpose” in subsection (b) the following words:- and such use or acquisition presents a reasonably foreseeable risk of financial, physical, reputational or other cognizable harm to the resident.
SECTION 8. Said section 3 of said chapter 93H is hereby further amended by striking out clause (vii) of subsection (b) and inserting in place thereof the following clause:- (vii) the type of personal information compromised, including, but not limited to, any of the categories of personal information set forth in subclauses (A) through (J) of clause (i) or in clause (ii) of the definition of “personal information” in section 1.
SECTION 9. Said section 3 of said chapter 93H is hereby further amended by striking out the last sentence of the first paragraph of subsection (b) and inserting in place thereof the following sentence:- A person who experienced a breach of security shall file a report with the attorney general and the director of consumer affairs and business regulation certifying their credit monitoring services comply with section 3A; provided, however, that such a report shall not be required if the personal information compromised by the breach of security is medical information or specific geolocation information.
SECTION 10. Said section 3 of said chapter 93H is hereby further amended by striking out the third paragraph of subsection (b) and inserting in place thereof the following paragraphs:-
The notice to be provided to the resident shall include, but shall not be limited to: (i) the date, estimated date, or estimated date range of the breach of security; (ii) the type of personal information compromised, including, but not limited to, any of the categories of personal information set forth in subclauses (A) through (J) of clause (i) or in clause (ii) of the definition of “personal information” in section 1; (iii) a general description of the breach of security; (iv) information that the resident can use to contact the person or agency reporting the breach of security; (v) the resident’s right to obtain a police report; (vi) how a resident may request a security freeze and the necessary information to be provided when requesting the security freeze; (vii) a statement that there shall be no charge for a security freeze; (viii) mitigation services to be provided pursuant to this chapter; and (ix) the toll-free numbers, address, and website for the federal trade commission. The notice shall not need to include information pursuant to clauses (vi) and (vii) if the personal information compromised by the breach of security is medical information or specific geolocation information.
The person or agency that experienced the breach of security shall provide a sample copy of the notice it sent to consumers to the attorney general and the office of consumer affairs and business regulation. A notice provided pursuant to this section shall not be delayed on grounds that the total number of residents affected is not yet ascertained. In such case, and where otherwise necessary to update or correct the information required, a person or agency shall provide additional notice as soon as practicable and without unreasonable delay upon learning such additional information.
If the breach of security involves log-in credentials, pursuant to clause (ii) of the definition of “personal information” in section 1, for an online account and no other personal information, the person or agency may comply with this chapter by providing notice in electronic or other form; provided, however, that such notice shall direct the resident whose personal information has been breached to: (i) promptly change the resident’s password and security question or answer, as applicable; or (ii) take other steps appropriate to protect the affected online account with the person or agency and all other online accounts for which the resident whose personal information has been breached uses the same username or electronic mail address and password or security question or answer.
If the breach of security involves the log-in credentials, pursuant to clause (ii) of the definition of “personal information” in section 1, of an electronic mail account furnished by a person or agency, the person or agency shall not comply with this chapter by providing notice of the breach of security to such electronic mail address but shall instead provide notice by another acceptable method of notice pursuant to this chapter or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an internet protocol address or online location from which the person or agency knows the resident customarily accesses the account.
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An Act ensuring safe drinking water in schools
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H760
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HD3392
| 193
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{'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-20T12:19:22.347'}
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[{'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-20T12:19:22.3466667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T14:57:33.3166667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-13T16:43:38.6166667'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-06-14T16:18:33.1666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H760/DocumentHistoryActions
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Bill
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By Representative Carey of Easthampton, a petition (accompanied by bill, House, No. 760) of Daniel R. Carey, Thomas M. Stanley and Joanne M. Comerford relative to safe drinking water in schools. Environment and Natural Resources.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 160G the following section:-
Section 160H. The Safe Drinking Water at School Act
(a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:-
“Certified point-of-use filter”, a filter installed at the point where water is dispensed from an outlet and is (i) certified to the latest version of NSF/ANSI 53 for lead reduction and NSF/ANSI 42 for particulate reduction (Class I), and the certification body shall be accredited by the American National Standards Institute National Accreditation Board (ANAB) ; or (ii) meets more stringent requirements adopted thereafter.
“Certified test results”, outcomes from samplings conducted by a laboratory certified for this purpose by the commissioner in accordance with the methods specified in the department’s technical guidance. Each test for lead under this section shall be a certified test result.
“Child care center” , as defined in section 1A of chapter 15D.
“Commissioner”, the commissioner of the department of environmental protection.
“Department”, the department of environmental protection.
“Drinking water outlet”, any drinking fountain, faucet, tap or other end-point for delivery of water used for drinking or food preparation, including, but not limited to, ice-making and hot-drink machines.
“Elevated lead level”, a health-based standard for schools and child care centers in which lead concentration in drinking water exceeds one part per billion.
“Local board of health”, any board of health authorized under sections 26-33, inclusive, of chapter 111.
“Non-drinking water outlet”, any faucet, tap or other end-point for delivery of water used for any purpose other than drinking or food preparation.
“School”, any facility operating for the development and education of children in pre-school through twelfth grade, whether operated by a school district, charter or non-public entity.
“Technical guidance”, the specifications for detecting and remediating lead in drinking water at schools issued by the department pursuant to subsection (f) of this section.
(b)(1) Each school and child care center shall annually test each drinking water outlet for elevated lead levels. Samples shall be taken according to methods specified in the department’s technical guidance. A school or child care center that has not tested its drinking water outlets for lead under the commonwealth’s “Assistance Program for Lead in School Drinking Water” shall complete lead testing at each drinking water outlet according to the department’s technical guidance no later than six months after the effective date of this section.
(2) On a case-by-case basis, the commissioner may determine that more or less frequent testing is necessary or sufficient to ensure public health and safety. This may include, but shall not be limited to, timely testing after replacement of lead-bearing parts and installation of certified filters. Nothing in this section shall prevent a school district, charter school or nonpublic school from conducting more frequent testing.
(c)(1) Each school and child care center with one or more tests showing elevated lead levels in water from any drinking water outlet, including but not limited to tests conducted under the commonwealth’s “Assistance Program for Lead in School Drinking Water” or under subsection (d) shall remediate the elevated lead levels by implementing the following measures:
(i) Each school and child care center shall immediately shut off drinking water outlets showing elevated lead levels. A drinking water outlet that has been shut-off may be turned on once it has produced at least two sets of certified test results showing no elevated lead levels;
(ii) Each school and child care center shall install and maintain certified point-of-use filters at all drinking water outlets, with the exception of water fountains, within eighteen months of the effective date of this section. A school or child care center may, consistent with other obligations in law, remove select drinking water outlets from operation in lieu of installing certified point-of-use filters on those drinking water outlets, so long as every child has reasonable access to free, lead-free and safe drinking water;
(iii) Each school and child care center shall permanently shut-off existing water fountains and provide in their place filtered, bottle-filling stations, equipped with water fountain outputs as appropriate, at the rate of one per 75 students;
(iv) Each school and child care center shall set up a filter maintenance and oversight schedule for all certified point-of-use filters installed pursuant to this section and according to the department’s technical guidance;
(v) Should any drinking water outlet fail to produce at least two sets of certified test results showing no elevated lead levels within six months of the installation of certified point-of-use filters, the school or child care center where the outlet is located shall pursue other methods of remediation in addition to certified point-of-use filters until the water from said drinking water outlet has produced two sets of certified test results showing no elevated lead levels; and
(vi) The school or child care center may choose from a list of methods including, but not limited to, replacing lead-bearing fixtures and plumbing with lead soldering or replacing the drinking water outlet with a lead-free fixture, and other methods found in the department’s technical guidance.
(2) Notwithstanding the requirements outlined in this subsection, nothing in this subsection shall prevent a school or child care center from pursuing additional methods of remediation, especially in response to public input, consistent with the department’s technical guidance.
(3) A school or child care center may seek the assistance of local board of health, public water system, or the department to comply with the provisions of this subsection.
(d)(1) Each school and child care center shall submit to the department of environmental protection and the department of public health, as soon as practicable, the following information:
(i) a plan of action for preventing lead contamination of water, including, but not limited to, actions already taken pursuant to this section;
(ii) a progress report on the implementation status of its plan of action; and
(iii) information on tests conducted pursuant to subsection (b), including, but not limited to, the date the testing was completed, the location and type of each drinking water outlet tested, the complete results of each test and any immediate measures being taken in response to tests showing a drinking water outlet or outlets with elevated lead levels.
(2) Each school and child care center shall maintain copies of the information submitted under this subsection in a suitable location for inspection by the public; post this information on the website of the school or child care center; and notify parents, teachers and employee organizations of the availability of said information.
(e) Each school and child care center shall designate an employee to serve as the contact person for communications with the department and the public regarding the lead testing and remediation activities and notify, within one business day, teachers, other school personnel, and parents directly, through written notice, electronic mail or other means approved by the department, if testing conducted pursuant to subsection (c) reveals an elevated lead level at a drinking water outlet. Such notification shall include, but need not be limited to:
(1) a summary of the results of the testing conducted, and information on the availability of the complete test results for public inspection at a suitable location and on the website of the school or child care center;
(2) a description of any remedial measures being taken pursuant to subsection (c);
(3) information on the public health effects and risks posed by lead in drinking water and information on the availability of additional resources concerning lead in drinking water, as outlined in the technical guidance; and
(4) the name and contact information of the person designated pursuant to subsection (e) to communicate with the public.
(f) The department shall develop and issue guidance to every school and child care center regarding how to display information about lead at each drinking water outlet, including, but not limited to, (i) posted warnings of the presence of lead at each drinking water outlet where one or more lead test results has shown elevated lead levels; and (ii) maintenance, testing and filters at each drinking water outlet.
(g) Each school and child care center shall publish at each drinking water outlet the following information:
(1) the maintenance schedule and log for installed certified point-of-use filters at that drinking water outlet;
(2) the most recent lead test conducted at that drinking water outlet;
(3) the date of the next scheduled test at that drinking water outlet; and
(4) whether the drinking water outlet is closed due to the presence of elevated lead levels.
(h) Each school and child care center shall post every non-drinking water outlet as “not for drinking.”
(i)(1) The department, in consultation with department of health, may adopt, after notice, interim rules and regulations necessary to implement the provisions of this section. The rules and regulations shall be effective immediately upon filing with the office of administrative law and shall be effective for no more than 18 months, and may, thereafter, be amended, adopted or readopted by the department.
(2) The department shall issue technical guidance that meets at least the same technical guidance standards for reducing lead in drinking water at schools issued by the U.S. Environmental Protection Agency. Provisions of the technical guidance related to testing to determine the presence and levels of lead in water shall be designed to maximize detection of lead in water, and shall prohibit sampling or testing methods that tend to mask lead contamination, including pre-stagnation flushing and removal of aerators prior to sampling. The department shall provide with the technical guidance a list of laboratories certified to conduct lead testing, and any other information the department deems appropriate, to each school district, charter school nonpublic school and child care center, and post said information on the department’s website within 45 days of the effective date of this section.
(j)(1) If a school or child care center is unable to comply with some or all of the requirements of this section, the superintendent of the school district, the administration of a private day or residential school or the board of trustees of a charter school may request a hardship waiver of some or all of the section’s requirements from the commissioner. No less than 30 days prior to requesting a hardship waiver, a public school district or child care center shall notify parents of their intention to request a waiver and hold at least one public meeting to present the proposed waiver in detail, disclose health risks of lead in water and allow meaningful public input on the decision to request a waiver.
(3) Nothing in this subsection shall be construed to place additional requirements on a school or child care center that, prior to the effective date of this section, has already taken measures, which, in the judgment of the department, permanently eliminates the risk of elevated lead levels in its water at all drinking water outlets.
SECTION 2. Section 2L of Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “chapter”, in line 8, the following:-
“and for the purposes described in section 160H of chapter 111”.
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An Act expanding pleasure boat access to Boston Harbor
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H761
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HD1623
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T16:37:22.963'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T16:37:22.9633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H761/DocumentHistoryActions
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 761) of Tackey Chan for legislation to expand pleasure boat access to Boston Harbor. Environment and Natural Resources.
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SECTION 1. Notwithstanding any General Law or Special Law to the contrary, all state and municipal public agencies and authorities owning or controlling property within the City of Boston, including but not limited to the City of Boston and the Massachusetts Port Authority, are hereby authorized and directed to identify and cause the establishment of mooring and docking facilities for pleasure boats within the City of Boston, with a particular emphasis on improving the availability to the general public of multiple useful locations for mooring or docking on a short term (hourly or daily) basis. Said agencies or authorities shall issue one or more public Requests for Proposals to solicit provision to the general public of the necessary or appropriate capital facilities and operations and maintenance services, with a particular emphasis on establishing new mooring or docking facilities available to the general public for short term usage as well as on a seasonal basis. According to their respective authorizing Acts or Charters, said public agencies or authorities may lease property, purchase property and/or enter into memoranda of agreement with private entities or other public agencies or authorities to improve public navigational access to Boston Harbor and the Harbor Islands for pleasure boating and to facilitate creation of boat landing, mooring or docking facilities available to the general public. Public agencies and authorities owning or controlling property within the City of Boston may charge or cause to be charged reasonable, market rate fees to defray the cost of creation and maintenance of any mooring or docking facility made available to the general public. Nothing in this section shall be construed to limit the provision of boating facilities to the general public by private or non-profit service providers. The City of Boston may expend funds from any account created under section 5G of chapter 40 of the General Laws for fulfilling this section. All state and municipal public agencies and authorities owning or controlling property in the City of Boston jointly or separately shall file a report with the Joint Committee on Natural Resources and Agriculture, the Commission of the Department of Conservation and Recreation, and the Public Access Board on or before January 1 of each year reporting on the locations for public tie up, mooring or docking within the City of Boston, including but not limited to the Inner Harbor of the Port of Boston and including but not limited to non-seasonal, transient, short term public facilities.
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An Act authorizing and directing the director of the Division of Waterways to dredge the harbor area surrounding Houghs Neck in the city of Quincy
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H762
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HD1624
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T14:27:54.097'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T14:27:54.0966667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-31T15:42:50.65'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H762/DocumentHistoryActions
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 762) of Tackey Chan for legislation to require the dredging of the harbor area surrounding Houghs Neck in the city of Quincy. Environment and Natural Resources.
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SECTION 1. The director of the division of waterways within the department of environmental quality engineering is hereby authorized and directed to dredge the harbor area surrounding Houghs Neck in Quincy, Massachusetts.
SECTION 2. Such director shall expend such sums as may be appropriated therefore, such sums not to exceed the total of eight hundred thousand dollars.
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An Act relative to DCR yacht club fees reflecting waterway access
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H763
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HD1663
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-13T17:17:00.667'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-13T17:17:00.6666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H763/DocumentHistoryActions
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 763) of Tackey Chan relative to the lease of property used by non-profit yacht clubs and other non-profit organizations operating boating programs. Environment and Natural Resources.
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SECTION 1. Section 1 of Chapter 65 of the Session Laws of 2010, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “survey” at the end of the first paragraph the following words:- , the survey of the parcel shall include navigable channels and berthing/mooring areas on the water sheet. The survey shall establish a schedule for maintenance of navigable waters from each boating facility.
SECTION 2. Section 2 of said Session Laws, is hereby amended at the end thereof by inserting after the word “project” the following:- The Commissioner of capital asset management and maintenance and the commissioner of conservation and recreation shall manage, operate, improve, repair and maintain the land under water for the term of the lease for: (a) recreational boating waterside access, (b) the protection of navigable waterways and channels.
SECTION 3. Section 2 of said Session Laws, is hereby amended by inserting after the word “fees” the following:- provided however, the lessee has adequate access to navigable waters for recreational boating and mooring, and to ensure the capacity for water dependent uses.
SECTION 4. This act shall take effect upon its passage.
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An Act incorporating embodied carbon into state climate policy
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H764
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HD1033
| 193
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{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-17T14:56:39.347'}
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[{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-17T14:56:39.3466667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-18T09:44:51.0866667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-13T09:40:38.8466667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-02T16:34:37.9966667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-02T16:34:37.9966667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-04-10T11:09:05.2966667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-10T11:09:05.2966667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-10T11:09:05.2966667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-18T12:29:59.7633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-06-22T16:36:16.7133333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-12T16:02:00.4666667'}]
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{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-17T14:56:39.347'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H764/DocumentHistoryActions
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Bill
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By Representatives Ciccolo of Lexington and Owens of Watertown, a petition (accompanied by bill, House, No. 764) of Michelle L. Ciccolo, Steven Owens and others for legislation to establish guidelines and recommendations for best practices for industry entities to measure, track, and reduce emissions from embodied carbon of buildings. Environment and Natural Resources.
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SECTION 1. Chapter 21N of the General Laws is hereby amended by adding the following section:-
Section 12. (a) For the purposes of this section, the following terms shall have the following meanings:
“Department”, the department of energy resources.
“Embodied carbon”, the carbon dioxide and carbon dioxide equivalent emissions associated with materials and construction processes throughout the whole lifecycle of a building or infrastructure.
“Environmental product declaration” or “EPD”, a Type III environmental product declaration, as defined by the International Organization for Standardization (ISO) standard 21930 and the relevant product category rule for each type of concrete product or a similarly robust life-cycle assessment method that conforms to ISO 21930 and the relevant product category rule for each type of concrete product.
“Life-cycle assessment” or “LCA”, an assessment that is used to calculate the environmental primary and secondary impacts, of a product, service, or process, over the lifetime of that product, service, or process.
(b) The Massachusetts state climate chief, in consultation with the department, shall establish an Embodied Carbon Advisory Board. Members of the advisory board shall be appointed by the climate chief and shall include, but not be limited to: (i) 2 licensed professional engineers; (ii) 2 licensed registered architects; (iii) 2 representatives of the construction industry; (iv) 2 representatives of an accredited school of civil engineering; (v) 2 representatives from affordable housing organizations (vi) 1 representative from the Massachusetts Clean Energy Center; (vii) 1 representative from the Massachusetts Building Commissioners and Inspectors Association; (viii) 1 representative from the Board of Building Regulations and Standards and (ix) 1 representative each from the executive office of transportation, the executive office of housing and community development, the department of energy resources, the Division of Capital Asset Management and Maintenance, and the department of environmental protection.
The climate chief shall consider geographic diversity when making appointments to the Embodied Carbon Advisory Board.
(c) The Office of Climate Innovation and Resilience shall provide staffing support and funding to the Embodied Carbon Advisory Board, including sufficient funding for administration, research, legal assistance, public outreach, publications, a public website, consulting and other functions.
(d) The department, in consultation with the Embodied Carbon Advisory Board and the Massachusetts climate chief shall conduct an assessment of the current state of professional literacy of embodied carbon and strategies to measure, monitor, and reduce embodied carbon across relevant industry practitioners, including but not limited to (i) structural engineers, (ii) electrical engineers (iii) mechanical engineers (iv) plumbing engineers, (v) architects, (vi) building inspectors, and (vii) general contractors. Following the assessment, the department, in consultation with the Embodied Carbon Advisory Board and in collaboration with the Division of Professional Licensure, shall provide recommendations for best approaches, including courses and certifications, to advance industry literacy.
(e) The department, in consultation with the Embodied Carbon Advisory Board and the Massachusetts climate chief, shall establish guidelines and recommendations for best practices for industry entities to measure, track, and reduce emissions from embodied carbon of buildings. The Embodied Carbon Advisory Board may establish guidelines and recommendations for best practices for industry entities to measure, track, and reduce emissions from embodied carbon in infrastructure. The guidelines shall include best practices for conducting a life-cycle analysis of buildings and benchmarking emissions of new construction and renovation building projects as well as environmental product declarations for building materials.
(f) Notwithstanding any special or general law, rule, or regulation to the contrary, the department shall incorporate provisions that advance the measurement and reduction of embodied carbon into the stretch energy code in appendix 115AA of the Massachusetts building energy code.
(g) The updates to the stretch code and specialized stretch energy code under section 6 of chapter 25A shall be developed, adopted, and incorporated as an appendix to the state building code on a timeline set by the Embodied Carbon Advisory Board in consultation with the department and in alignment with the conclusions drawn from the state of literacy assessment under subsection (d).
SECTION 2. Clause (14) of section 6 of chapter 25A of the General Laws is hereby amended by inserting after the words “net-zero building performance standards” the following words:- “, the measurement and reduction of embodied carbon”
SECTION 3. (a) The members of the Embodied Carbon Advisory Board shall be appointed no later than 6 months after the effective date of this act.
(b) The guidelines and recommendations relative to embodied and operational carbon shall be issued by the department of energy resources no later than 1 year after the formation of the Embodied Carbon Advisory Board.
(c) No later than 1 year after the formation of the Embodied Carbon Advisory Board, the Massachusetts state climate chief, in consultation with the Embodied Carbon Advisory Board and the department, shall submit a report to the clerks of the house of representatives and the senate detailing the best policy mechanisms to measure, monitor, and reduce embodied carbon across all building types in the Commonwealth. This report shall consider interactions between embodied carbon and operational carbon to ensure policy recommendations to reduce embodied carbon also contribute to the reduction of operational carbon. This report shall include the best approaches to integrate the reduction of embodied carbon into the Massachusetts state building code, including the stretch and specialized stretch energy code as under section 96 of chapter 143 of the General Laws and state amendments to the International Building Code sections. This report shall further include best practices to incentivize and enhance the re-use of building materials and decrease building demolition, where beneficial.
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An Act to establish a grant and loan program for low noise, low emissions landscape maintenance equipment
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H765
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HD1068
| 193
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{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-18T10:42:15.963'}
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[{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-18T10:42:15.9633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H765/DocumentHistoryActions
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Bill
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By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 765) of Michelle L. Ciccolo for legislation to establish a grant and loan program for small businesses and municipalities to transition landscape maintenance equipment to low noise, low emissions equipment. Environment and Natural Resources.
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Chapter 21A of the General Laws is hereby amended by adding the following section:
Section 29. (a) There shall be within the executive office of energy and environmental affairs a grant and loan program to provide incentive funds to small businesses and municipalities to transition landscape maintenance equipment to low noise, low emissions equipment.
(b) To be eligible for a grant, small businesses and municipalities shall surrender gas-powered landscape maintenance equipment for a one-for-one replacement with low-noise, low-emissions equipment.
(c) Grant and loan funds awarded pursuant to subsection (a) may be used for:
(1) purchasing electric landscape maintenance equipment;
(2) training landscaping staff on the use and care of electric landscape maintenance equipment;
(3) operational costs that may be accrued through the transition from gas-powered landscape maintenance equipment to electric landscape maintenance equipment; and
(4) any other cost associated with the transition from gas-powered landscape maintenance equipment to electric landscape maintenance equipment, as determined by the secretary.
(e) Loans awarded pursuant to subsection (a) shall carry 0 percent interest.
(f)(1) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Low Noise, Low Emissions Landscape Maintenance Equipment Trust Fund, in this section called the fund. The comptroller shall transfer to the fund an amount no greater than $2,000,000 from the Federal COVID-19 Response Fund established in section 2JJJJJ of chapter 29 for grants and loans to provide incentive funds to small businesses and municipalities to transition landscape maintenance equipment to low noise, low emissions equipment, and any other federal reimbursements, grants, premiums, gifts, interest, or other contributions from any source received that are specifically designated to be credited to the fund. The secretary shall be the trustee of the fund and may expend amounts from the fund without further appropriation.
(2) Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
(3) The secretary shall report annually, on or before August 1, to the house and senate committees on ways and means and the senate and house chairs of the joint committee on environment, natural resources, and agriculture regarding expenditure activity within the trust fund.
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An Act to "Skip the Stuff" to reduce restaurant waste
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H766
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HD3422
| 193
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{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-20T12:31:38.01'}
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[{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-20T12:31:38.01'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-01T14:25:28.3933333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-01T14:25:28.3933333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-01T14:25:28.3933333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-08T09:06:21.3866667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-06-22T16:36:49.0733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H766/DocumentHistoryActions
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Bill
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By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 766) of Michelle L. Ciccolo and others relative to food and beverage packaging waste. Environment and Natural Resources.
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Whereas, in the Commonwealth of Massachusetts, food and beverage packaging comprise most street litter and are significant contributors to the total amount of waste entering the waste stream, and
local governments in the U.S. spend $11.5 billion annually cleaning up litter, and
all disposable food-ware is un-recyclable, and
many types of disposable food-ware are not accepted in commercial compost facilities because they cause contamination and lower the quality and value of compost, and
food packaging materials, including food contact papers and compostable paperboard- containers and molded plastics, frequently contain harmful poly and perfluoroalkyl chemicals that are linked to serious health impacts, and
many of the chemical additives used in packaging are known to migrate into food and beverages. Hundreds of common packaging chemicals are known to be hazardous to human health and in the environment, many are extremely persistent and bioaccumulative, therefore
the Commonwealth of Massachusetts sets forward this act to reduce restaurant packaging waste.
Section 1: Definitions
In this Act, these words are defined as follows:
a. “Commissioner” means the commissioner of the Department of Environmental Protection.
b. “Consumer” means a person purchasing prepared food, raw food, or beverages.
c. “Consumption on the Premises” means the consumption of prepared food within the physical structure owned and operated by the restaurant.
d. “The Commonwealth” means the Commonwealth of Massachusetts.
e. “Department” means the Department of Environmental Protection.
f. “Food Service Provider” means any store, establishment, provider, government entity non-profit vendor, or business, operating within the Commonwealth that sells or provides food or beverages for human consumption to consumers directly or indirectly through a delivery or takeout service, regardless of whether such food is consumed on or off the premises. “Food service provider” includes, but is not limited to, restaurants, retail food establishments, caterers, cafeterias, stores, shops, retail sales outlets, grocery stores, delicatessens serving the public, mobile or temporary food providers, vehicles or carts, or roadside stands.
g. “Full-Service Restaurant” means an establishment or business where food may be consumed on the premises, and where each of the following would typically occur when a customer consumes food on the premises:
(1) The customer is escorted or directed to an assigned eating area either by an employee of the restaurant or by the customer themselves;
(2) Except for food that is included in a buffet or salad bar, the customer’s food and beverage order are delivered directly to the customer; and
(3) If a customer wants additional items with the customer’s food or beverage order, the customer requests such items from a server or waitstaff.
h. “Prepared Food” means food that is serviced, cooked, packaged, or otherwise prepared for individual customers or consumers. Prepared Food does not include raw eggs or raw, butchered meats, fish, raw vegetables, fruit, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance.
i. “Reusable Food Serviceware” means food serviceware or beverage containers, such as utensils, cups, plates, and bowls, that are designed and manufactured to maintain its shape and structure, and be materially durable for repeated sanitizing washing, and reuse.
j. “Single-Use Food Serviceware” means all types of items provided by food service providers in relation to the consumption and enjoyment of food or beverages, including, but not limited to, forks, spoons, knives, napkins, straws, stirrers, cocktail sticks, splash sticks, toothpicks, wet-wipes, cup lids, cup sleeves, beverage trays, and unfilled cups, plates, and take-out containers that are designed for single-use.
k. “Single-Use Condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes or others as determined by the Department that are designed for single-use.
l. “Single-Use” means a product that is designed to be used once and then discarded, and not designed for repeated use and sanitizing.
m. “Third-Party Food Delivery Platform” means a business engaged in the service of online food ordering and/or delivery of food or beverages from a food service provider to a consumer.
Section 2: Food Serviceware Upon Request
a. Only upon request by a customer, may a food service provider provide single-use food serviceware or single-use condiment.
b. Should a customer request single-use serviceware or single-use condiments, the restaurant may charge a $0.75 fee per transaction. 100% of this fee will be retained by the restaurant.
c. Single-use food serviceware and single-use condiments provided by food service providers for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use food serviceware or single-use condiment desired without also having to take a different type of single-use food serviceware or single-use condiment.
d. Food service providers may ask a drive-through consumer if the consumer wants single-use food serviceware if the single-use food serviceware is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
e. A food service provider that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through
consumer if the consumer wants a single-use food serviceware if it is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
f. Nothing in this section shall be construed to prohibit a food service provider from selling or providing food or beverages that are pre-packaged by the manufacturer in single-use food serviceware.
Section 3: Requirements for Third-Party Delivery Platforms
a. A third-party food delivery platform shall provide consumers with the option to request single-use food serviceware and single-use condiments from food service providers.
b. A third-party food delivery platform shall customize its menu with a list of available single-use food serviceware and single-use condiments, and only those single-use food serviceware and single-use condiments selected by the consumer shall be provided by the food service provider or the third-party food delivery platform. If a consumer does not select any single-use food serviceware or single-use condiments, no single-use food serviceware or single-use condiments shall be provided by the food service provider or the third-party delivery platform.
c. Should a customer request single-use serviceware or single-use condiments through a third-party food delivery platform, the food delivery platform may charge a $0.75 fee per transaction. 100% of this fee will be remitted to the restaurant by the third party.
Section 4: Enforcement and Compliance
a. The Department is required to promulgate rules and regulations for the implementation and enforcement of this act.
b. The Department is required to take actions reasonable and necessary to enforce this article, including, but not limited to, receiving, and responding to complaints, investigating violations, issuing fines, and entering the premise of any food service provider during business hours to monitor compliance.
c. A food service provider and third-party food delivery platform shall be subject to the following:
(1) A written notice for a first violation
(2) An administrative fine not to exceed $50 for a second violation.
(3) An administrative fine of at least $150 for each subsequent violation.
d. Each administrative fine shall be due and payable to the Department within 30 calendar days from the date the written notice of violation is served. Failure to timely pay the fine will result in the assessment of a late fee. The Department may collect any unpaid fine, including the late fee, by means of civil action, injunctive relief, and specific performance in accordance with applicable law.
e. All fines and late fees collected under this act shall be used by the Department as part of the Reduce, Reuse, Repair Micro-Grant program.
f. A food service provider or third-party deliver platform who receives a written notice of violation pursuant to this article may request an administrative review of the accuracy of the violation determination by filing a signed, written notice of appeal with the Department, no later than 30 days from the date the notice of violation was served. The appeal must include all facts supporting the appeal and any supporting documentation, including copies of all photos, statements, and other documents that the appellant wishes to be considered in connection with the appeal. The Department, may sustain, rescind, or modify the notice of violation and/or administrative fine, as applicable.
Section 5: Prohibition on Permitting of New Food Service Establishments That Do Not Provide Reusable Food Serviceware
a. New business licenses for full-service restaurants applied for after the effective date of this act shall only be granted if the applicant can demonstrate that, for all on-premise dining, the applicant will only serve food or beverages using reusable food serviceware, except that the applicant may still provide single-use paper food wrappers, foil wrappers, napkins, straws, paper-tray- and plate-liners. b. Nothing in this section is intended to prevent a full-service restaurant from providing single-use food serviceware or single-use condiments to customers with take-out food, or as a container for customers to transport uneaten food, if such single-use food serviceware or single-use condiments otherwise comply with the requirements of this Chapter.
Section 6: Education and Outreach
a. The Department is required to conduct education and outreach to consumers, food service providers, and third-party food delivery platforms regarding the requirements and purpose of the law.
b. The education and outreach shall, at a minimum, include:
(1) Information regarding the environmental and public health harms associated with single-use food serviceware;
(2) The environmental, economic, and social benefits of reusable food serviceware;
(3) Information regarding the environmental and public health concerns associated with landfilling and incinerating waste;
(4) The requirements of this act; and
(5) How food service providers and third-party delivery platforms can comply with the requirements of this act and the penalties for non-compliance;
c. The education and outreach conducted by the Department shall utilize multiple forms of media, including, but not limited to print and web-based media to produce information directly to consumers, food service providers, and third-party food delivery platforms, and shall be provided in multiple languages.
d. The Department of Public Health is responsible for educating full-service restaurants about the environmental benefits of reusable food serviceware, as well as the requirements of section 5 of this act.
Section 7: Severability
a. If any provision of this article is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this article which can be implemented without the invalid provisions, and to this end, the provisions of this article are declared to be severable.
Section 8: Preemption
a. Nothing in this act shall limit the ability of any city or county within the jurisdiction of the Commonwealth of Massachusetts from passing more restricting laws, ordinances, or regulations, governing the use of single-use food serviceware or single-use condiments, so long as those laws, ordinances, or regulations do not violate the provisions of this act.
Section 9: Effective Date
a. Section 6 of this act shall take effect immediately upon enactment.
b. Section 5 of this act shall take effect one year after enactment.
c. The remainder of the act shall take effect one year after enactment.
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An Act to reduce single-use plastics from the environment
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H767
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HD3854
| 193
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{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-20T12:33:37.74'}
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[{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-20T12:33:37.74'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-03T14:41:20.0733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-03T14:41:16.9166667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-13T09:41:13.14'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-13T09:40:49.99'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-01T14:13:50.4066667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-01T14:13:50.4066667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-01T14:13:50.4066667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-01T14:13:50.4066667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-08T09:06:07.9533333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-14T09:56:10.37'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-14T09:56:10.37'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-14T09:56:10.37'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-04-10T11:09:21.28'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-10T11:09:21.28'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-04-26T11:39:10.2533333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-09-13T12:34:19.2'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H767/DocumentHistoryActions
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Bill
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By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 767) of Michelle L. Ciccolo and others for legislation to reduce single-use plastics from the environment. Environment and Natural Resources.
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SECTION 1. Prevent Plastic Grocery Bags from Entering the Environment
Title II of the General Laws is hereby amended by inserting after chapter 21O the following chapter:
CHAPTER 21P: PLASTIC BAG REDUCTION
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Postconsumer recycled material”, a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.
“Recycled paper bag”, a paper bag that is (i) 100 per cent recyclable; (ii) contains a minimum of 40 per cent postconsumer recycled materials, provided, however, that an 8 pound or smaller recycled paper bag shall contain a minimum of 20 per cent postconsumer recycled material; and (iii) displays the words "Recyclable" and "made from 40% post-consumer recycled content" or other applicable amount in a visible manner on the outside of the bag.
“Reusable grocery bag”, a sewn bag with stitched handles that is (i) specifically designed and manufactured for at least 175 uses; (ii) can carry 25 pounds over a distance of 300 feet; and
(iii) is made of cloth or other machine-washable fabric other than polyethylene or polyvinyl chloride.
“Single-use carryout bag”, a bag made of plastic, paper, or other material that is provided by a Retail establishment to a customer at the point of sale and that is not a recycled paper bag or a reusable grocery bag. A single-use carryout bag does not include the following: (i) a paper bag provided by a pharmacy to a customer purchasing a prescription medication; (ii) a non-handled bag used to protect items from damaging or contaminating other purchased items placed in a recycled paper bag, a reusable grocery bag; (iii) a bag provided to contain an unwrapped food item; or (iv) a non-handled bag that is designed to be placed over articles of clothing on a hanger.
“Retail establishment”, a store or premises in which a person is engaged in the retail business of selling or providing merchandise, goods, groceries, prepared take-out food and beverages for consumption off-premises or the servicing of an item, directly to customers at such store or premises, including, but not limited to, grocery stores, department stores, pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including farmers markets and public markets; provided, however, that a “retail establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable roadside stand used by a person from which to engage in such business directly with customers and business establishments without a storefront, including, but not limited to, a business delivering prepared foods or other food items, web-based or catalog business or delivery services used by a retail establishment; provided further, that a “retail establishment” shall include a non-profit organization, charity or religious institution that has a retail establishment and holds itself out to the public as engaging in retail activities that are characteristic of similar type retail businesses, whether or not for profit when engaging in such activity.
Section 2. (a) Eighteen months after the enactment of this law, a Retail establishment may only make available for purchase at the point of sale a reusable grocery bag.
(b) For up to 180 days from the date of enactment, a Retail establishment may make available for purchase at the point of sale a single-use carryout bag, reusable grocery bag, or recycled paper bag.
(c) 180 days after the enactment of this law, a Retail establishment may make available for purchase a recycled paper bag, for a charge of $0.10. This shall end eighteen months after the enactment of this law.
(d) 180 days after the enactment of this law, a Retail establishment may make available for purchase a reusable grocery bag, for a charge of no less than $0.10.
(e) All moneys collected pursuant to this section shall be retained by the Retail establishment.
(f) The department of environmental protection shall promulgate regulations with regard to the enforcement of this chapter. The department of environmental protection shall establish a small business exemption process by which a Retail establishment may elect to be exempt from the provisions of subsections (b) through (d) of this section. A Retail establishment electing for said exemption must provide to the department a self-audit attesting that they meet the following criteria:
(i) the owner of the Retail establishment has 3 or fewer store locations under the same ownership; and
(ii) each Retail establishment has less than 4,000 square feet of retail selling space; and
(iii) each Retail establishment has 15 or fewer employees employed at the store location; and either
(iv) the Retail establishment is not a food establishment as defined by 105 CMR 590.001(C); or
(v) the Retail establishment provided to consumers at the point of sale less than 15,000 carry-out bags or checkout bags in total during the previous calendar year.
Section 3. Any municipality with an existing ordinance, rule, regulation, or by-law banning or regulating single-use carryout bags, recycled paper bags, or reusable grocery bags in the commonwealth shall be null and void 180 days after the enactment of this law. The exclusive authority in regulating the labeling, distribution, sale, storage, transportation, use, and disposal of single-use carryout bags, recycled paper bags, and reusable grocery bags in the commonwealth shall be determined by this chapter.
SECTION 2. Reduce Polystyrene in the Environment
The General Laws are hereby amended by inserting after chapter 21P the following chapter:
Chapter 21Q.
Section 1. Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Disposable Food Service Ware” shall mean single-use or disposable products for heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
lidded containers, spoons, forks and knives. This includes any containers used by food establishments to heat, cook, or store food or beverages prior to serving, regardless of whether such containers are used to serve such food or beverages. Disposable Food Service Ware also includes any such implements sold by Retail Establishments to consumers for personal use.
“Foam Polystyrene” shall mean polystyrene in the form of a foam or expanded material, processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
“Food Establishment” shall mean any operation that serves, vends or otherwise provides food or other products to third-parties for consumption and/or use on or off the premises, whether or not a fee is charged, but not including the service of food within a home or other private setting. Any facility requiring a food permit in accordance with the Massachusetts State Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be considered a “food establishment” for purposes of this bylaw.
“Health Agent” shall mean the Health Agent for the city or town of the facility, or his/her designee.
“Packing Material” shall mean material used to hold, cushion, or protect items packed in a container for shipping transport or storage.
“Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively “prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or raw, butchered meats, fish, seafood, and/or poultry.
“Polystyrene” shall mean a synthetic polymer produced by polymerization of styrene monomer. Polystyrene includes both “Foam Polystyrene” and “Solid Polystyrene” as defined in this Bylaw. The International Resin Identification Code assigned to polystyrene materials is “6”. Polystyrene items may be identified by a "6" or "PS," either alone or in combination with other letters. The regulations and prohibitions relating to polystyrene in this law are intended to apply regardless of the presence or absence of an International Resin Identification Code or other identifying marks on the item.
“Retail Establishment” shall mean a store or premises engaged in the retail business of selling or providing merchandise, goods, groceries, prepared take-out food and beverages for consumption off-premises or the serving of an item directly to customers at such store or premises, including, but not limited to, grocery stores, department stores, pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including farmers markets and public markets; provided, however, that a “retail establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable roadside stand used by a person from which to engage in such business directly with customers and business establishments without a storefront, including, but not limited to, a business delivering prepared foods or other food items, web-based or catalog business or delivery services used by a retail establishment; provided further, that a “retail establishment” shall include a non-profit organization, charity or religious institution that has a retail establishment and holds itself out to the public as engaging in retail activities that are characteristic of similar type commercial retail businesses, whether or not for profit when engaging in such activity.
“Solid Polystyrene” shall mean polystyrene, including clear (oriented) polystyrene, produced in a rigid form with minimal incorporation of air or other gas. Solid polystyrene is also referred to as ‘rigid polystyrene’.
Section 2. Regulated Conduct
a. One year after passage of this Act, no Food Establishment in the Commonwealth of Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware made from foam polystyrene or solid polystyrene.
b. One year after passage of this Act, no Retail Establishment in the Commonwealth of Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware made from foam polystyrene or solid polystyrene 2. meat trays, fish trays, seafood trays, vegetable trays, or egg cartons made in whole or in any part with foam polystyrene or solid polystyrene 3. distributing packing materials, including packing peanuts and shipping boxes made in whole or in any part with foam polystyrene that is not wholly encapsulated within a more durable material. 4. coolers, ice chests, or similar containers; pool or beach toys; and dock floats, mooring buoys, or anchor or navigation markers, which are made in whole or in any part with foam polystyrene that is not wholly encapsulated within a more durable material.
c. For the purposes of Section 2(b)(3), ‘distributing packing material’ does not include: 1. Re-using packing materials for shipping, transport, or storage within the same distribution system, where the packing materials are not sent to a customer or end user. 2. Receiving shipments within the Commonwealth that include polystyrene foam used as a packing material, provided that the goods were not packaged or repackaged within the Commonwealth of Massachusetts.
Section 3. Exemption
a) Nothing in this chapter shall prohibit individuals from using disposable food service ware or other items made of polystyrene purchased outside the Commonwealth of Massachusetts for personal use. b) Prepared food packaged outside the Commonwealth of Massachusetts is exempt from the provisions of this chapter, provided that it is sold or otherwise provided to the consumer in the same disposable food service ware in which it was originally packaged, and that the prepared food has not been altered or repackaged. c) The Commonwealth of Massachusetts Department of Environmental Protection or the Board of Health of the city or town in which the food or retail establishment is located may exempt a food establishment or retail establishment from any provision of this chapter for a period of up to six months upon written application by the owner or operator of that establishment. No exemption will be granted unless the Department of Environmental Protection or the Board of Health finds that (1) strict enforcement of the provision for which the exemption is sought would cause undue hardship; or (2) the food establishment or retail establishment requires additional time in order to draw down an existing inventory of a specific item regulated by this chapter. For purposes of this chapter, “undue hardship” shall mean a situation unique to a food establishment or retail establishment in which there are no reasonable alternatives to the use of materials prohibited by this chapter, and that compliance with this chapter would create significant economic hardship for the Establishment.
Section 4. Enforcement
Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also have the authority to enforce this chapter. This chapter may be enforced through any lawful means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L.
c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this chapter or enjoin violations thereof through any lawful process or combination of processes, and the election of one remedy by the town or city shall not preclude enforcement through any other lawful means.
Violations of this chapter are punishable by a fine of up to $300 per violation. Each successive day of noncompliance will count as a separate violation.
If non-criminal disposition is elected, then any Food or Retail Establishment that violates any provision of this chapter shall be subject to the following penalties: (i) first offense: written warning;(ii) second offense: $50 penalty, and (iii) third and each subsequent offense: $300 penalty
Section 5. Regulations
The Board of Health may adopt and amend rules and regulations to effectuate the purposes of this chapter.
Section 6. Interaction with Other Laws
In the case of a conflict between the requirements of this chapter and any other federal, state or local law concerning the materials regulated herein, the more stringent requirements shall apply.
Section 7. Severability
If any provision of this chapter is declared invalid or unenforceable the other provisions shall not be affected thereby.
SECTION 3. Reduce Plastic Straws in the Environment
The General Laws are hereby amended by inserting after chapter 21Q the following chapter:
Chapter 21R.
Section 1. Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Disability” shall mean a physical, intellectual, or sensory impairment that substantially limits one or more major life activities.
“Disposable plastic straw, stirrer, or splash stick” shall mean a drinking straw, stirrer, or splash stick made predominantly from synthetic polymers and that is not a reusable straw, stirrer, or splash stick. A disposable plastic straw, stirrer, or splash stick shall also include items made in whole or in part from synthetic polymers that are otherwise classified as ‘compostable’, ‘biodegradable’, ‘oxodegradable’, or ‘marine degradable’.
“Food Establishment” shall mean any operation that serves, vends or otherwise provides food or other products to third-parties for consumption and/or use on or off the premises, whether or not a fee is charged, but not including the service of food within a home or other private setting. Any facility requiring a food permit in accordance with the Massachusetts State Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be considered a “food establishment” for purposes of this bylaw.
“Health Agent” shall mean the Health Agent for the city or town of the facility or his/her designee.
“Medical Condition” shall mean any illness, disease, or injury that requires medical treatment.
“Reusable straw, stirrer, or splash stick” shall mean a drinking straw, stirrer, or splash stick that is manufactured from durable materials, and is designed to be adequately and repeatedly cleaned and sanitized for reuse.
“Retail Establishment” shall mean a store or premises engaged in the retail business of selling or providing merchandise, goods, groceries, prepared take-out food and beverages for consumption off-premises or the serving of an item, directly to customers at such store or premises, including, but not limited to, grocery stores, department stores, clothing stores, pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including farmers markets and public markets; provided, however, that a “retail establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable roadside stand used by a person from which to engage in such business directly with customers and business establishments without a storefront, including, but not limited to, a business delivering prepared foods or other food items, web-based or catalog business or delivery services used by a retail establishment; provided further, that a “retail establishment” shall include a non-profit organization, charity or religious institution that has a retail establishment and holds itself out to the public as engaging in retail activities that are characteristic of similar type commercial retail businesses, whether or not for profit when engaging in such activity.
Section 2. Regulated Conduct
a. One year after passage of this Act, no food establishment in the Commonwealth of Massachusetts may provide a disposable plastic straw, stirrer, or splash stick, as such term is defined in this chapter, to a customer.
b. One year after passage of this Act, no food establishment in the Commonwealth of Massachusetts may provide a disposable straw, stirrer, or splash stick that is not a reusable straw, stirrer, or splash stick to a customer, except upon that customer’s specific request for such items or if the item is selected by a customer from a self-service dispenser.
c. One year after passage of this Act, retail establishments in the Commonwealth of Massachusetts are prohibited from selling or distributing disposable plastic straws, stirrers, or splash sticks to customers unless equivalent non-plastic or reusable straws, stirrers, or splash sticks are available for sale and are clearly labeled such that any customer can easily distinguish among the disposable plastic, disposable non-plastic, and reusable items.
Section 3. Exemptions
a. Nothing in this bylaw shall prohibit individuals from bringing and using their own personal straws, stirrers, or splash sticks of any type for personal use in a food establishment. b. Food establishments may provide a disposable plastic straw, stirrer, or splash stick, upon request, to a person in need due to a disability or medical condition. c. The Department of Environmental Protections or the Board of Health or health agent of the city or town in which the establishment is located may exempt a food establishment or retail establishment from any provision of this chapter for a period of up to six months upon written application by the owner or operator of that establishment. No exemption will be granted unless the Department or the Board of Health or
health agent finds that the establishment requires additional time in order to draw down an existing inventory of a specific item regulated by this chapter.
Section 4. Enforcement
Health Agents shall have the authority to enforce this bylaw. This bylaw may be enforced through any lawful means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L. c. 40 § 21D and Article VI of the General Bylaws. The city or town may enforce this chapter or enjoin violations thereof through any lawful process or combination of processes, and the election of one remedy by the city or town shall not preclude enforcement through any other lawful means.
Violations of this bylaw are punishable by a fine of up to $300 per violation. Each successive day of noncompliance will count as a separate violation.
If non-criminal disposition is elected, then any Food Establishment or Retail Establishment that violates any provision of this bylaw shall be subject to the following penalties: (i) first offense: written warning, (ii) second offense: $50 penalty, and (iii) third and each subsequent offense: $300 penalty.
Section 5. Regulations
The Board of Health may adopt and amend rules and regulations to effectuate the purposes of this chapter.
Section 6. Interaction with Other Laws
In the case of a conflict between the requirements of this chapter and any other federal, state or local law concerning the materials regulated herein, the more stringent requirements shall apply.
Section 7. Severability
If any provision of this chapter is declared invalid or unenforceable the other provisions shall not be affected thereby.
SECTION 4. To Prevent the Release of Helium Balloons into the Environment
Chapter 131 of the General Laws, as appearing in the 2016 official edition, is hereby amended by adding the following new section:
Section 119. The sale, distribution and release of any type of balloon, including, but not limited to, plastic or latex, filled with any type of lighter than air gas, both for public or private use, is hereby prohibited. Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars.
The provisions of this section shall not apply to (i) balloons released by or on behalf of any agency of the commonwealth or the United States for scientific or meteorological purposes, or (ii) hot air balloons that are recovered after launch.
SECTION 5. To Prevent the Release of Nips into the Environment
One year after passage of this Act, the sale of alcoholic beverages in containers less than or equal to 100 milliliters is prohibited within the Commonwealth of Massachusetts.
SECTION 6. To Prevent the Release of Wipes Containing Plastic into the Environment
Section 1. For purposes of this section, the following definition shall apply:
“Plastic Wipe”, a nonwoven disposable product manufactured and sold in this state or brought into the state for sale that is constructed from plastic resin (including, but not limited to, polyester and polypropylene) nonwoven sheets, including moist toilet tissue or cloth, that is designed, marketed to or commonly used by the general public for personal hygiene or cleaning purposes, including, but not limited to, diaper wipes, toilet wipes, household cleaning wipes, personal care wipes and facial wipes.
Section 2. No retailer shall sell or distribute plastic wet wipes other than those used for medical applications.
Section 3. This law shall not affect prescription products.
SECTION 7. To Prevent the Release of Hotel Toiletry Bottles into the Environment
Section 1. (a) For purposes of this section, the following definitions shall apply:
(1) “Hosted rental” means a house, apartment, or other livable space where the person providing sleeping accommodations is a permanent resident who lives on the premises.
(2) “Lodging establishment” means an establishment that contains one or more sleeping room accommodations that are rented or otherwise provided to the public, including, but not limited to, a hotel, motel, resort, bed and breakfast inn, or vacation rental. “Lodging establishment” does not include a hospital, nursing home, residential retirement community, prison, jail, homeless shelter, boarding school, worker housing, long-term rental, or hosted rental.
(3) “Personal care product” means a product intended to be applied to or used on the human body in the shower, bath, or any part thereof and shall include only shampoo, hair conditioner, and bath soap.
(4) “Plastic” means any synthetic material made from organic polymers, such as polyethylene, polyvinyl chloride (PVC), or nylon, that can be molded into shape while soft and then set into a rigid or slightly elastic form. “Plastic” includes all materials identified with resin codes 1 to 7, inclusive.
(5) “Small plastic bottle” means a plastic bottle or container with less than a 6-ounce capacity that is intended to be nonreusable by the end user.
(b) Commencing one year from the passage of this act for lodging establishments with more than 50 rooms, and two years from the passage of this act for lodging establishments with 50 rooms or less, a lodging establishment shall not provide a small plastic bottle containing a personal care product to a person staying in a sleeping room accommodation, in any space within the sleeping room accommodation, or within bathrooms shared by the public or guests.
(c) A lodging establishment is encouraged to use bulk dispensers of personal care products to reduce plastic waste and lower operating costs, mindful of the health and safety of a person.
(d) A lodging establishment may provide personal care products in small plastic bottles to a person at no cost, upon request, at a place other than a sleeping room accommodation, a space within the sleeping room accommodation, or within bathrooms shared by the public or guests.
(e) A local agency with authority to inspect sleeping accommodations in a lodging establishment may issue a citation for a violation of subdivision (b). Upon a first violation, the local Board of Health shall issue a written warning, which shall recite the violation and advise that subsequent violations may result in citations. Upon a second or subsequent violation, the local agency may impose a penalty of five hundred dollars ($500) for each day the lodging establishment is in violation, but not to exceed two thousand dollars ($2,000) annually.
(f) A lodging establishment in violation of subdivision (b) is liable for a civil penalty of five hundred dollars ($500) for the first violation and two thousand dollars ($2,000) for a second or subsequent violation.
(g) (1) On and after one year from the passage of this act, a city, county, or city and county shall not pass or enforce an ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles provided at lodging establishments, except as provided in paragraph (2).
Section 2. A city, county, or city and county that, before the passage of this act, passed an ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles provided at lodging establishments may enforce that ordinance, resolution, regulation, or rule, if it is at least as stringent as, and not in conflict with, this section.
SECTION 8. To Prevent the Release of Plastic Water Bottles Into the Environment
Section 1. (a) For purposes of this section, the following definitions shall apply:
"Single-serve plastic container" means a container with a volume of 1 litter or less made in whole or in part of plastic resin codes 1 through 6 (excluding the label or cap).
"Bottled Water" means non-sparkling, unflavored drinking water.
Section 2. Restrictions
No retailer shall sell or distribute any bottled water in a single-serve plastic container other than nutritive drinks, tea, coffee, or unflavored carbonated water.
Section 3. Exclusions
Sales or distribution of drinking water in plastic bottles occurring subsequent to a declaration by a duly authorized Town, state or Federal official of an emergency affecting the availability and/or quality of drinking water to residents of the Town shall be exempt from this bylaw until seven days after the declaration has ended.
Section 4. Effective Date
The provisions of this law shall take effect one year after passage of this Act.
SECTION 9. To Prevent the Release of Black Plastic into the Environment
The General Laws are hereby amended by inserting after chapter 21R the following chapter:
Chapter 21S.
Section 1. Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Disposable Food Service Ware” shall mean single-use or disposable products for heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume
food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or lidded containers, spoons, forks and knives. This includes any containers used by food establishments to heat, cook, or store food or beverages prior to serving, regardless of whether such containers are used to serve such food or beverages. Disposable Food Service Ware also includes any such implements sold by Retail Establishments to consumers for personal use.
“Black Plastic” shall mean any plastic with any plastic resin codes #1-#7.
“Food Establishment” shall mean any operation that serves, vends or otherwise provides food or other products to third-parties for consumption and/or use on or off the premises, whether or not a fee is charged, but not including the service of food within a home or other private setting. Any facility requiring a food permit in accordance with the Massachusetts State Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be considered a “food establishment” for purposes of this bylaw.
“Health Agent” shall mean the Health Agent for the city or town of the facility or his/her designee.
“Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively “prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or raw, butchered meats, fish, seafood, and/or poultry.
“Retail Establishment” shall mean a store or premises engaged in the retail business of selling or providing merchandise, goods, groceries, prepared take-out food and beverages for consumption off-premises or the serving of an item directly to customers at such store or premises, including, but not limited to, grocery stores, department stores, pharmacies,
convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including farmers markets and public markets; provided, however, that a “retail establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable roadside stand used by a person from which to engage in such business directly with customers and business establishments without a storefront, including, but not limited to, a business delivering prepared foods or other food items, web-based or catalog business or delivery services used by a retail establishment; provided further, that a “retail establishment” shall include a non-profit organization, charity or religious institution that has a retail establishment and holds itself out to the public as engaging in retail activities that are characteristic of similar type commercial retail businesses, whether or not for profit when engaging in such activity.
Section 2. Regulated Conduct
a. One year after passage of this Act, no Food Establishment in the Commonwealth of Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware made from black plastic.
b. One year after passage of this Act, no Retail Establishment in the Commonwealth of Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware made from black plastic. 2. meat trays, fish trays, seafood trays, vegetable trays, or egg cartons made in whole or in any part with black plastic.
Section 3. Exemption
a) Nothing in this chapter shall prohibit individuals from using disposable food service ware or other items made of black plastic purchased outside the Commonwealth of Massachusetts for personal use. b) Prepared food packaged outside the Commonwealth of Massachusetts is exempt from the provisions of this chapter, provided that it is sold or otherwise provided to the consumer in the same disposable food service ware in which it was originally packaged, and that the prepared food has not been altered or repackaged. c) The Commonwealth of Massachusetts Department of Environmental Protection or the Board of Health of the city or town in which the food or retail establishment is located may exempt a food establishment or retail establishment from any provision of this chapter for a period of up to six months upon written application by the owner or operator of that establishment. No exemption will be granted unless the Department of Environmental Protection or the Board of Health finds that (1) strict enforcement of the provision for which the exemption is sought would cause undue hardship; or (2) the food establishment or retail establishment requires additional time in order to draw down an existing inventory of a specific item regulated by this chapter. For purposes of this chapter, “undue hardship” shall mean a situation unique to a food establishment or retail establishment in which there are no reasonable alternatives to the use of materials prohibited by this chapter, and that compliance with this chapter would create significant economic hardship for the Establishment.
Section 4. Enforcement
Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also have the authority to enforce this chapter. This chapter may be enforced through any lawful means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L. c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this chapter or enjoin violations thereof through any lawful process or combination of processes, and the election of one remedy by the town or city shall not preclude enforcement through any other lawful means.
Violations of this chapter are punishable by a fine of up to $300 per violation. Each successive day of noncompliance will count as a separate violation.
If non-criminal disposition is elected, then any Food or Retail Establishment that violates any provision of this chapter shall be subject to the following penalties:
First Offense: written warning
Second Offense: $50 penalty
Third and each subsequent offense: $300 penalty
Section 5. Regulations
The Board of Health may adopt and amend rules and regulations to effectuate the purposes of this chapter.
Section 6. Interaction with Other Laws
In the case of a conflict between the requirements of this chapter and any other federal, state or local law concerning the materials regulated herein, the more stringent requirements shall apply.
Section 7. Severability
If any provision of this chapter is declared invalid or unenforceable the other provisions shall not be affected thereby.
SECTION 10. To Support Our Restaurants
Section 1. For purposes of this chapter, the following terms have the following definitions:
(a) “Disposable”, means designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple reuse.
(b) “Food service ware accessories”, include food service ware such as straws, stirrers, cup spill plugs, cup sleeves, condiments and condiment packets, utensils (including chopsticks), cocktail sticks/picks, toothpicks, napkins, and other similar accessory or accompanying food service ware used as part of food or beverage service or packaging. Detachable lids for beverage cups and food containers are not considered a food service ware accessory.
(c) “Food facility”, means an operation that stores, prepares, packages, serves, vends, or otherwise provides food to the public for human consumption.
(d) “Takeout food”, means prepared food requiring no further preparation, which is purchased to be consumed off a prepared food facility’s premises. Takeout food includes prepared food delivered by a food facility or by a third-party takeout food delivery service.
(e) “Takeout food delivery service”, is a service that delivers takeout food from a food facility to a customer for consumption off the premises. This service can be provided directly by the food facility or by a third party.
Section 2.
(a) No food facility shall provide any disposable food service ware accessories except:
1. Upon request by the consumer;
2. Upon acceptance by the consumer after being offered by the food facility; or
3. At a self-serve area and/or a dispenser.
(b) Food facilities shall only distribute disposable food service ware if they charge the customer what that food ware cost the food facility, or a dollar, whichever is greater.
(c) Takeout food delivery services that utilize digital ordering/point of sale platforms, including but not limited to the internet and smartphones, shall only offer disposable food service ware accessories by providing clear options for customers to affirmatively request these items separate from orders for food and beverages. The default option on the digital ordering/point of sale platforms shall be that no disposable food service ware accessories are requested. Each individual disposable food service ware accessory (e.g., each fork, knife, condiment packet, napkin, etc.) provided with prepared food must be specifically requested by the customer in order for a food facility to provide it.
(d) Takeout food delivery services shall only distribute disposable food service ware if they charge the customer what that food ware cost the food facility, or a dollar, whichever is greater.
SECTION 11. The General Laws are hereby amended by inserting after chapter 21O the following chapter:
CHAPTER 21P.
IMPROVED PLASTIC BOTTLES AND INCREASED RECYCLING
Section 1. Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
(a) “Beverage”, any of the following products prepared for immediate consumption and sold in a single-use container: beer and malt beverages; wine distilled spirit coolers; carbonated water and soda; noncarbonated water; carbonated soft drinks; noncarbonated soft drinks and ‘soft’ drinks; non-carbonated fruit drinks that contain any percentage of fruit juice and vegetable juice; coffee and tea drinks; carbonated fruit drinks; vegetable and fruit juice, sports drinks, fermented non-alcoholic drinks;
(b) “Beverage cap”, a cap on any plastic beverage container that is made wholly or in large part from plastic;
(c) “Plastic beverage container”, an individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which one liter or less of a beverage is sold, and that is constructed of plastic. “Beverage container” does not include a cup or other similar container open or loosely sealed receptacle;
(d) “The Department” means the Department of Environmental Protection for the Commonwealth of Massachusetts;
(e) “Plastic”, an organic or petroleum derivative synthetic or a semisynthetic organic solid that is moldable, and to which additives or other substances may have been added, with the exception of natural polymers that have not been chemically modified;
(f) “Product manufacturer” means any person, partnership, association, corporation or any other entity that, through its own action or through contract or control, is primarily responsible for causing a product to be produced that is held inside of a rigid plastic packaging container and sold or offered for sale in Massachusetts.
i. The Department shall consider the following factors in identifying a product manufacturer: (1) the ownership of the brand name of the product in the beverage container; (2) primary control or influence over the design of the product in the beverage container; (3) primary control or influence over the design specifications of the beverage container;
ii. Any entity that has a legally recognized corporate relationship (i.e. parent/subsidiary or affiliate relationship) with a product manufacturer shall be allowed to assume the responsibilities of the product manufacturer as they relate to the requirements of this Act.
(h) “Retailer” means a person who sells a beverage in a beverage container to a consumer;
(i) “Single use”, means intended for disposal after one use and used for serving or transporting a prepared, ready-to-consume product, and is not intended for multiple trips or rotations by being returned to the producer for refill or reused for the same purpose for which it was conceived.
Section 2. Prohibition
(a) On and after January 1, 2024, a retailer shall not sell or offer for sale, in the state, a single-use beverage container with a beverage cap, unless the container meets one of the following conditions: (i) the beverage cap is tethered to the container in a manner that prevents the separation of the cap from the container when the cap is removed from the container; (ii) The beverage cap includes an opening from which the beverage can be consumed while the cap is screwed onto or otherwise contiguously affixed to the container;
(b) Metal caps or lids with plastic seals shall not be considered to be made from plastic. Glass and metal beverage containers that have caps and lids made from plastic shall not be included in this act;
SECTION 12. Requirements for the Removal of Toxic Substances in Beverage Containers, Food Ware, and Food Ware Accessories
(1) Definitions:
(a) “Beverage container”, means a prepackaged container designed to hold a beverage that is made of any material, including glass, plastic, and metal, cartons, pouches, and aseptic packaging.
(b) “Food ware accessories”, include food serviceware such as straws, stirrers, cup spill plugs, cup sleeves, condiments and condiment packets, utensils (including chopsticks), cocktail sticks/picks, toothpicks, napkins, and other similar accessory or accompanying food service ware used as part of food or beverage service or packaging.
(c) “Food ware”. means any single use or reusable containers that food is served in or sold in.
(d) “Food packaging” means any packaging that comes into direct contact with food that will eventually be consumed by human beings or animals.
(2) Beginning two years after adoption of this bill, no person or entity may sell, offer for sale, or distributed into the state any beverage container, food ware accessories, food ware, or food packaging containing the following toxic substances:
(a) Ortho-phthalates, (b) Bisphenols, (c) Per- and polyfluoroalkyl substances (PFAS), (d) Lead and lead compounds, (e) Hexavalent chromium and compounds, (f) Cadmium and cadmium compounds, (g) Mercury and mercury compounds, (h) Benzophenone and its derivatives, (i) Halogenated flame retardants, (j) Perchlorate, (k) Formaldehyde, (l) Toluene, (m) Antimony and compounds, and (n) UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol).
(3) Beginning two years after the Start Date, no person or entity shall sell, offer for sale, or distribute for use in this state any Beverage Container containing (a) polyvinyl chloride, (b) polystyrene, or (c) polycarbonate.
(4) Beginning three years after the start date, and every three years thereafter, the Department of Environmental Protection shall designate at least ten additional toxic substances or families of toxic substances that may no longer be used in Beverage Containers unless the Department of Environmental Protection determines there are not ten toxic substances of families of toxic substances that are required to be banned from use in beverage containers.
(5) Any producer that violates this section shall be subject to a fine for each violation not to exceed fifty thousand dollars per violation. For the purposes of this section, each product line that is sold, offered for sale, or distributed to consumers, via retail commerce, in the state, including through an internet transaction violation shall be considered a violation.
SECTION 13. The provisions of this bill shall take effect one year after passage unless otherwise specified.
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An Act to ensure plastic bottle recycling
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H768
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HD3861
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{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-20T13:08:24.287'}
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[{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-20T13:08:24.2866667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-03T14:41:10.1366667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-08T09:05:23.3466667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-08T09:05:23.3466667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-08T09:05:23.3466667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-16T14:45:48.2166667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-06-28T10:22:32.7'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H768/DocumentHistoryActions
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Bill
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By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 768) of Michelle L. Ciccolo and others relative to plastic bottle recycling. Environment and Natural Resources.
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SECTION 1. Definitions
In this Act, these words are defined as follows:
(A) “Recycle” means the series of activities by which a covered product is (i) collected, sorted, and processed; (ii) converted into a raw material with minimal loss of material quality, and (iii) used in the production of a new product, including the original product.
(B) The term "recycle" does not include:
(i) the method of sorting, processing, and aggregating materials from solid waste that does not preserve the original material quality, and, as a result, the aggregated material is no longer usable for a substantially similar product, and can only be used for inferior purposes or products (commonly referred to as ‘downcycling’),
(ii) the use of waste a) as a fuel or fuel substitute; b) for energy production; c) for repurposing into infrastructure, including pavement and construction materials,
(iii) the conversion of waste into alternative products, such as chemicals, feedstocks, fuels, and energy, through incineration, pyrolysis, methanolysis, gasification, solvolysis, molecular or advanced recycling, or a similar technology determined by the Agency.
SECTION 2.
(A) Two years after the passage of this act, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to The Beverage Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, for sale in the Commonwealth of Massachusetts shall, on average, contain no less than 15 percent postconsumer recycled plastic per year.
(B) Five years after the passage of this act, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to The Beverage Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, for sale in the Commonwealth of Massachusetts shall, on average, contain no less than 25 percent postconsumer recycled plastic per year.
(C) Eight years after the passage of this act, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to The Beverage Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, for sale in the Commonwealth of Massachusetts shall, on average, contain no less than 50 percent postconsumer recycled plastic per year.
SECTION 3.
(a) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to The Beverage Container Recovery Law, M.G.L. Chapter 94, Sections 321-327 shall report to the Department of Environmental Protection of the Commonwealth of Massachusetts (hereafter referred to as “the Department”) the amount in pounds and by resin type of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the The Beverage Container Recovery Law, M.G.L. Chapter 94, Sections 321-327 for sale in the Commonwealth in the previous calendar year. The manufacturer shall submit this information to the Department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the Department.
(b) On or before March 1 of the second year after the passage of this act, and annually thereafter, a plastic material reclaimer shall report to the Department the amount in pounds and by resin type of empty plastic beverage containers subject to The Beverage Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, that the plastic material reclaimer has collected and sold in the previous calendar year. The report shall specify the amount in pounds and by resin type of empty plastic containers sold in the Commonwealth for beverage processing. The plastic material reclaimer shall submit this information to the Department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the Department.
(c) On or before March 1 of the second year after the passage of this act, and annually thereafter, a manufacturer of postconsumer recycled plastic shall report to the Department the amount in pounds of food-grade flake, pellet, sheet, fines, or other forms that were sold in the previous calendar year and their capacity to produce food-grade material. The report shall specify the amount in pounds of material that meets beverage manufacturer specifications for bottle-grade material. The report shall include the amount in pounds of food-grade material sold in the state for beverage processing. The manufacturer shall submit this information to the Department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the Department.
(d) The Department shall post the information reported pursuant to subdivision (a) within 45 days on the Department’s internet website.
(e) This section does not apply to a refillable plastic beverage container.
SECTION 4.
This law shall not apply to rigid plastic containers or rigid plastic bottles that are medical devices, medical products that are required to be sterile, prescription medicine, or packaging used for those products.
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An Act expanding access to trails for people of all abilities
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H769
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HD3867
| 193
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{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-20T13:11:32.56'}
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[{'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-20T13:11:32.56'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-08T09:05:40.72'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-08T09:05:40.72'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-14T11:05:04.9066667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-06-12T16:01:43.68'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-06-12T16:01:43.68'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-07-13T17:49:47.7966667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-08-16T12:31:56.2466667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-10-12T16:05:32.51'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H769/DocumentHistoryActions
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Bill
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By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 769) of Michelle L. Ciccolo, Joanne M. Comerford and Tram T. Nguyen relative to expanding access to trails for people of all abilities. Environment and Natural Resources.
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SECTION 1. Chapter 21 of the General Laws is hereby amended by inserting after section 2G the following section:-
Section 2H. (a) It is hereby declared the policy of the commonwealth and the department of conservation and recreation, in this section referred to as the department, to maximize access to trails, outdoor spaces and outdoor recreational activities for people of all abilities, and to advance equity for all residents of the commonwealth. This section shall be implemented to achieve this goal.
(b) With respect to outdoor recreation under its jurisdiction, the department of fish and game shall also work to maximize access to trails, outdoor spaces and outdoor recreational activities for people of all abilities, and to advance equity for all residents of the commonwealth.
(c) The commissioner of the department shall establish a Trail Access Working Group to collect and publish data, and advise the commissioner on the implementation of this section. The Trail Access Working Group shall include the commissioner or a designee, who shall be the chair, and
(i) the director of the Universal Access Program of the department;
(ii) a representative of the department of fish and game;
(iii) the executive director of the Massachusetts office on disability;
(iv) a representative of the Massachusetts Association of Conservation Commissions;
(v) one or more representatives of organizations concerned with accessible outdoor recreation;
(vi) one or more representatives of organizations concerned with the legal rights of people with disabilities;
(vii) one or more representatives of organizations concerned with independent living for people with disabilities;
(viii) one or more representatives of organizations concerned with the conservation of public land;
(ix) one or more representatives of groups concerned with trails;
(x) no fewer than 3 representatives of cities and towns that have trails managed by the department within their borders, including at least 1 city or town from no fewer than 3 different counties, including a county that is predominantly rural and one that is predominantly urban;
(xi) a representative from an organization or company that designs and builds accessible trails;
(xii) a representative from a regional planning agency that has experience with grant opportunities and funding sources for accessible trails; and
(xiii) other persons identified by the commissioner as likely to make helpful contributions to the working group; provided, that the working group shall have no less than one-third of its members having disabling conditions, and provided further, in making appointments, the commissioner shall ensure that the task force represents diverse geographic regions of the commonwealth and reflects racial and ethnic diversity.
(d) The Trail Access Working Group shall:
(i) review current access for people with disabilities to paved and unpaved trails in the commonwealth;
(ii) review best practices, including federal guidelines such as from the US Forest Service, and the United States Access Board accessibility standards for Federal outdoor developed areas and recommendations from experts for how to expand access, including from people with disabilities;
(iii) review requirements of state and federal law;
(iv) consider the impact of wetlands policy on the access to trails for people with disabilities;
(v) annually hold no fewer than 3 open public hearings in various regions of the state to receive testimony from members of the public; and
(vi) file an annual report summarizing the findings of its reviews and making comprehensive recommendations on ways to improve access to paved and unpaved trails for people with mobility considerations. The recommendations may include a timeline for implementation. If the Working Group believes there will be a cost to implementing its recommendations, the report shall include an estimate of the cost for implementation and possible funding sources that could be utilized for implementation.
(e) The Working Group shall file its report shall with the governor, secretary of the executive office of energy and environmental affairs, the committee on environment, natural resources, and agriculture and shall publish it on the public website of the department.
(f) The commissioner of the department shall provide the Trails Access Working Group with sufficient funding to hire consultants to assist the Trails Access Working Group with its duties.
(g) The commissioner of the department shall respond in writing to the recommendations of the working group and report a policy statement detailing how the recommendations of the Working Group will be implemented, including a timeline and budget. The response shall include the findings of the Trails Access Working Group and, but not be limited to, the following information:
(i) the number of miles of trails managed by the department, separately indicated for paved and unpaved trails, that are accessible for people with disabilities, and a goal for the increase in the number of miles that are accessible in the 3 years following the release of the report; and
(ii) the dollar amount of grants issued for all trails in the past year, separately detailing the proportion of such grants related to paved and unpaved trails that are accessible for people with disabilities and a goal for the dollar amount and proportion of such grants in the 3 years following the release of the report.
(h) Annually, on the day assigned for submission of the operating budget under section 7H of chapter 29, the commissioner of the department shall file with the governor, secretary of the executive office of energy and environmental affairs, the joint committee on environment, natural resources and agriculture, and publish on the public web site of the department the most recent report of the Trails Access Working Group and the commissioner’s response under subsection (g).
SECTION 2. (a) Members of the Trail Access Working Group established in section 2H of chapter 21 of the General Laws, inserted by this act, shall be appointed no later than 3 months after the effective date of this act.
(b) The initial report and recommendations of the Trails Access Working Group shall be filed no later than 12 months after the initial meeting of the Trails Access Working Group.
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An Act relative to the Office of Information Technology considering cloud computing service options under certain circumstances
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H77
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HD296
| 193
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{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-11T17:10:35.76'}
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[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-11T17:10:35.76'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H77/DocumentHistoryActions
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Bill
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By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 77) of Angelo J. Puppolo, Jr., that the Office of Information Technology consider cloud computing service options under certain circumstances. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Chapter 7D of the General Laws is hereby amended in by inserting the following definition in Section 11:
''Cloud computing'', shall have the same meaning as provided in National Institute of Standards and Technology Special Publication 800-145 or its successors.
SECTION 2. Chapter 7D of the General Laws is hereby amended by adding the following new section:-
Section 11. Cloud Computing Service Options
The Office shall: (1) lead state executive branch agency efforts to establish and reengineer the state's information technology architecture with the goal of coordinating central and individual agency information technology in a manner that:
(a) ensures compliance with the executive branch agency strategic plan; and
(b) ensures that cost-effective, efficient information and communication systems and resources are being used by agencies to:
(i) reduce data, hardware, and software redundancy;
(ii) improve system interoperability and data accessibility between agencies; and
(iii) meet the agency's and user's business and service needs;
(2) coordinate an executive branch strategic plan for all agencies;
(3) develop and implement processes to replicate information technology best practices and standards throughout the executive branch;
(4) at least once every year:
(a) evaluate the adequacy of the Office's and the executive branch agencies' data and information technology system security standards through an independent third party assessment; and
(b) communicate the results of the independent third party assessment to the appropriate executive branch agencies and to the president of the Senate and the speaker of the House of Representatives;
(5) oversee the expanded use and implementation of project and contract management principles as they relate to information technology projects within the executive branch;
(6) serve as general contractor between the state's information technology users and private sector providers of information technology products and services;
(7) work toward building stronger partnering relationships with providers;
(8) develop service level agreements with executive branch departments and agencies to ensure quality products and services are delivered on schedule and within budget;
(9) develop standards for application development including a standard methodology and cost-benefit analysis that all agencies shall utilize for application development activities;
(10) determine and implement statewide efforts to standardize data elements;
(11) consider, when making a purchase for an information technology, cloud computing service options, including any security benefits, data protection safeguards, and cost savings associated with purchasing a cloud computing service option;
(12) develop systems and methodologies to review, evaluate, and prioritize existing information technology projects within the executive branch and report to the governor and the Joint Committee on Economic Development and Emerging Technologies, the House Committee on Technology & Intergovernmental Affairs on a semiannual basis regarding the status of information technology projects; and
(13) assist the Governor's Office of Administration & Finance with the development of information technology budgets for agencies.".
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An Act reducing packaging waste
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H770
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HD3306
| 193
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{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-20T11:51:54.69'}
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[{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-20T11:51:54.69'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T11:53:19.93'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:01:54.9133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T11:55:10.9433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T17:15:51.5666667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:09:28.6566667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T12:43:24.7533333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T11:40:05.4166667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-01T13:16:59.6066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T13:52:30.17'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-08T14:27:16.16'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:05:14.2'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-09T15:12:22.56'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:50:09.06'}]
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T11:51:54.69'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H770/DocumentHistoryActions
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Bill
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By Representatives Connolly of Cambridge and Rogers of Cambridge, a petition (accompanied by bill, House, No. 770) of Mike Connolly, David M. Rogers and others for legislation to reduce packaging waste. Environment and Natural Resources.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the following chapter:
CHAPTER 21P: The Sustainable Food Service Ware Act.
Section 1. Definitions
“Compostable” refers (i) a product comprised of wood or fiber-based substrate only; or (ii) bioplastic materials that meet the American Society for Testing and Materials International Standards D6400 or D6868, as those standards may be amended, or international equivalents. ASTM D6400 is the specification for plastics designed for compostability in municipal or industrial aerobic composting facilities. D6868 is the specification for aerobic compostability of plastics used as coatings on a compostable substrate. A bioplastic product must use a logo indicating the product has been certified by a recognized third-party independent verification body as meeting the ASTM standard specification; and displays the word "compostable," where possible indicating the product has been tested by a recognized third-party independent body and meets the ASTM standard specification. Fiber-based products or product components would need to be (a) free from any organic fluorine substances that a manufacturer has intentionally in any amount; and (b) not contain total organic fluorine at or above 100 parts per million as measured by an independent laboratory.
“Disposable food service ware” All food and beverage containers, bowls, plates, trays, cartons, cups, lids, straws, stirrers, forks, spoons, knives, film wrap, and other items designed for one-time or non-durable uses on or in which any food vendor directly places or packages prepared foods or which are used to consume foods. This includes, but is not limited to, service ware for takeout foods and leftovers from partially consumed meals prepared at food establishments.
“Food establishment” An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. This includes without limitation restaurants and food trucks.
“Recyclable Material” that can be sorted, cleansed, and reconstituted using the local municipality’s regular year-round collection program for the purpose of using the altered form in the manufacture of a new product. Regular year-round collection means either the municipal curbside pickup or else a municipal transfer station in communities that do not have curbside pickup. All recyclable plastic material must be identified by its plastic resin code in a visible manner on the food service ware. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.
“Reusable Products” Those that will be used more than once in its same form by a food establishment. Reusable food service ware includes: tableware, flatware, food or beverage containers, packages or trays, such as, but not limited to, soft drink bottles and milk containers that are designed to be returned to the store or distributor that provided the take-out containers. Reusable materials include aluminum and glass. Reusable also includes cleanable durable containers, packages, or trays used on-premises or returnable containers brought back to the food establishment.
Section 2. (a) Except as provided in this section on and after January 1, 2025, all retail food establishments will use food service ware that is compostable, recyclable, or reusable for any food prepared or packaged on premises.
(b) The Department of Environmental Protection shall promulgate regulations with regard to the enforcement of this chapter.
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An Act relative to certain property to be used for conservation or recreational purposes
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H771
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HD1231
| 193
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{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-18T11:53:54.517'}
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[{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-18T11:53:54.5166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H771/DocumentHistoryActions
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Bill
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By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 771) of Edward F. Coppinger relative to certain property to be used for conservation or recreational purposes in the West Roxbury neighborhood of the city of Boston. Environment and Natural Resources.
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SECTION XX. Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall reclaim the land being more particularly bounded and described as follows: Southerly by the northerly line of Belgrade Avenue, fifty-seven (57) feet more or less; Westerly by land of the Commonwealth of Massachusetts, known as West Roxbury Parkway, one hundred twenty (120) feet more or less; Northerly by the southerly side line of the location of the New York, New Haven and Hartford Railroad, fifty-seven (57) feet more or less; and Easterly by land now or formerly of Clay Chevrolet, Inc., one hundred twenty-three (123) feet more or less; containing six thousand nine hundred twenty-five (6925) square feet more or less pursuant to Chapter 851 of the Acts of 1977 and the plan of land file 9096-274. Upon title to said land reverting to the commonwealth the land shall forthwith be designated as open space to be used for conservation or recreational purposes subject to the department’s continued use of the land for the purpose of sloping, embanking, filling and maintaining its remaining land appurtenant to the West Roxbury Parkway.
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An Act relative to concurrent jurisdiction on National Park Service properties
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H772
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HD3885
| 193
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{'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-20T15:06:12.49'}
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[{'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-20T15:06:12.49'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-29T13:09:46.0266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H772/DocumentHistoryActions
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Bill
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By Representative Cruz of Salem, a petition (accompanied by bill, House, No. 772) of Manny Cruz relative to concurrent jurisdiction on National Park Service properties. Environment and Natural Resources.
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SECTION 1. Section 1 of chapter 360 of the acts of 1984 is hereby amended by inserting after the word “lands”, in lines 2 and 5, the word:- “, waters”.
SECTION 2. Said section 1 of said chapter 360 is hereby further amended by inserting at the end thereof the following clause:- (m) All lands, waters and buildings acquired, leased or administratively controlled by the National Park Service on or after the effective date of this act.
SECTION 3. Section 2 of said chapter 360 of the acts of 1984 is hereby amended by inserting at the end thereof the following:- Concurrent jurisdiction over any lands, waters or buildings under clause (m) of section 1 shall vest in the United States of America when the Director of the National Park Service files a notice of such acceptance with the governor and state secretary.
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An Act establishing a fisheries conservation gear grant program
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H773
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HD780
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T12:58:11.283'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T12:58:11.2833333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-20T13:12:21.84'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T11:48:33.93'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-02-15T14:41:07.27'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:26:08.08'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-01T16:13:14.8266667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-16T16:57:27.34'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-26T13:45:21.38'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T15:54:28.0766667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T11:42:17.33'}]
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T12:38:48.207'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H773/DocumentHistoryActions
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Bill
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By Representatives Cutler of Pembroke and Kearney of Scituate, a petition (accompanied by bill, House, No. 773) of Josh S. Cutler, Patrick Joseph Kearney and others relative to establishing a fisheries conservation gear grant program to be developed and administered by the Division of Marine Fisheries. Environment and Natural Resources.
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Section 1 - There is hereby established, subject to appropriation, a Fisheries Conservation Gear Grant Program, the purpose of which shall be to provide funding assistance for the research, development, and acquisition of commercial fishing gear which limits or eliminates the mortality of juvenile or other fish not legally harvestable, or harm or mortality to protected species such as the Northern Right Whale, while maximizing the sustainability and productivity of an affected fishery. The program shall be developed and administered by the Division of Marine Fisheries, which shall conduct regular hearings at intervals of not less than once per year, to determine the size, type and scope of such grants necessary to maximize their effectiveness in achieving the goals set forth in this section. In administering the program, the division shall utilize eligibility criteria which, to the greatest extent possible, ensure equity based on geography, fishery type, gear type, and demographic factors, provided further that grants may be conditioned on matching resources and collaboration between commercial fishery participants and scientific or other institutions which conduct relevant research.
Section 2 - Eligibility for grants from the program shall be restricted to fishing industry participants domiciled in Massachusetts and holding a valid state or federal commercial fisheries permit , and institutions of higher learning or research organizations located in the commonwealth.
Section 3 - The division may, on behalf of the commonwealth, retain all or a portion of the ownership of any intellectual property developed through said program, including but not limited to patents, and registrations, provided , however, that any intellectual property so held shall be made available through licensure or other means under reasonable terms and conditions to those otherwise eligible for grant funding pursuant to this act, and for the purposes of this act.
Section 4. To meet the expenditures necessary in carrying out this act, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Commonwealth Transportation Improvement Act of 2021, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than twenty five years from issuance, pursuant to said Section 3 of Article LXII of the Amendments to the Constitution. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Notwithstanding any other general or special law to the contrary, bonds issued under this section and interest thereon shall be general obligations of the commonwealth.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act creating a special commission to scope a state grant or low interest loan program for properties prone to flooding
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H774
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HD781
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T12:58:54.813'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T12:58:54.8133333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-20T13:11:23.9733333'}]
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T12:39:16.157'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H774/DocumentHistoryActions
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Bill
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By Representatives Cutler of Pembroke and Kearney of Scituate, a petition (accompanied by bill, House, No. 774) of Josh S. Cutler and Patrick Joseph Kearney for legislation to establish a special commission (including members of the General Court) to investigate the possibility of creating a state grant or low interest loan program for properties prone to flooding. Environment and Natural Resources.
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SECTION 1. (a) Notwithstanding any special or general law, there shall be a special commission, established and governed by section 2A of chapter 4 of the General Laws, to scope a state grant or low-interest loan program for structural elevation or acquisition of properties prone to flooding in the commonwealth. Components of consideration for the structure of the program shall include: (i) funding sources; (ii) eligible expenses; (iii) applicant eligibility; (iv) the establishment of a cost-benefit analysis in determining applicant eligibility; (v) risks and hazards identified in the integrated state hazard mitigation and climate adaptation plan and strategies to build resiliency; and (vi) program expenditures and pay outs.
(b) The special commission shall consist of: the secretary of energy and environmental affairs or a designee, who shall serve as the commission chair; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 2 members of the senate, 1 of whom shall be appointed by the minority leader; the chair of the state board of building regulation and standards or a designee; the director of the office of coastal zone management or a designee; 2 persons to be appointed by the director of the Massachusetts Emergency Management Agency, 1 of whom shall be a contractor with experience in home elevations and 1 of whom shall be an insurance agent with knowledge in flood insurance and experience in guiding and consulting for mitigation activities; the acting state hazard mitigation officer of the state hazard mitigation team; the acting hazard mitigation grants supervisor of the state hazard mitigation team; a licensed lender with knowledge in flood insurance, 203K home loan lending and traditional loans used for mitigation activities who shall be appointed by the acting state hazard mitigation officer of the state hazard mitigation team; and 3 persons to be appointed by the governor, 1 of whom shall be a representative from a statewide environmental group with experience in coastal resiliency strategies and nature based solutions, 1 of whom shall be a representative of the executive office of energy and environmental affairs with knowledge of climate change adaptation, and 1 of whom shall be a representative from the executive office of public safety and security with knowledge of the federal hazard mitigation grant program and experience with mitigation activities. The first meeting of the special commission shall take place not later than December 1, 2020.
(c) The special commission shall submit its preliminary draft of any recommendations or legislation to the clerks of the house of representatives and the senate and the joint committee on environment, natural resources and agriculture not later than September 1, 2021. The special commission shall submit its final draft of the program scope, together with any additional recommendations or drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the house of representatives and the senate and the joint committee on environment, natural resources and agriculture not later than December 1, 2022.
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An Act to protect coastal resources
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H775
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HD782
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T12:59:40.647'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T12:59:40.6466667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:05:09.8333333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:07:47.8133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H775/DocumentHistoryActions
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Bill
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By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 775) of Josh S. Cutler and Patrick Joseph Kearney for legislation to establish the Massachusetts coastal erosion innovation center and to protect coastal resources. Environment and Natural Resources.
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Preamble - Whereas, Massachusetts has approximately 192 miles of coastal shoreline, which provides incalculable benefits to the economy, character and quality of life for residents and visitors, and whereas changing climatological conditions and sea level rise directly threaten public and private property, infrastructure and natural resources and critical habitats, and whereas new and continuing threats demand innovative solutions, and whereas the possibility exists to develop and deploy such solutions using natural resources and processes, the legislature deems it necessary to enact the following legislation.
Section 1. There is hereby established the Massachusetts Coastal Erosion Innovation Center, whose purpose shall be to develop, identify, research, advance and deploy innovative means, methods, technologies and approaches for protecting and strengthening the resilience of the state's coastal shoreline, including but not limited to beaches, marshes, dunes and public and private property and infrastructure. The center shall be administered by the Executive Office of Energy and Environmental Affairs, and shall consist of representatives of the Office of Coastal Zone Management, the Department of Environmental Protection, the Department of Conservation and Recreation, the Executive Office of Housing and Economic Development, and the Executive Office of Administration and Finance, whom shall meet at intervals of not less than 6 months for the purposes set forth in Section 3 , provided that such meetings shall be open to public observation, provided further that the center may elect to receive written or oral testimony with proper notice given.
Section 2. In carrying out the provisions of this act, the center shall be advised by an advisory group appointed by the governor, comprised of 3 members representing municipal officials, selected from a list submitted by the Massachusetts Municipal Association, 3 members representing environmental advocacy organizations in the commonwealth, 3 members representing owners of coastal property in the commonwealth, 3 members whom shall have expertise in engineering, construction, or architecture, 1 member with expertise in coastal geology, and 2 members representing the taxpayers of the commonwealth. Said advisory group shall meet not less than every 3 months, and at the request of the Innovation Center, and shail be chaired by the Secretary of Energy and Environmental Affairs. The center shall also, to the greatest extent possible, consult and coordinate with the New England District of the United States Army Corps of Engineers.
Section 3. The center shall identify, develop, and research, in consultation with one or more institutions of higher learning or research in the commonwealth, innovative methods of protecting coastal resources, with prioritization for natural approaches such as thin layer marsh deposition, living shorelines, vegetation, eradication of invasive plant and shellfish species such as green crab, and any other relevant methodology. The center shall produce an annual report of its activities, which shall be filed with the clerks of the House and Senate , and posted electronically for public inspection.
Section 4. The center is hereby authorized and directed to receive applications for, and approve, applications for innovative pilot projects to protect coastal shorelines and/ or promote their resiliency, which may not otherwise be eligible for permitting. permits for such projects shall not exceed 20 in number in any given calendar year, and be for no longer than 3 years in duration, provided, however , that a permit may be extended for not more than an additional 3 years. In reviewing and granting such permits, the center shall consider the potential impact of a project, the size and scope of its potential benefits, its cost- effectiveness, and its consistency with state and federal regulations. The center shall consider applications made by applicants including but not limited to municipalities and regional groups of municipalities, non-profit organizations and research institutions, private property owners and collaborations thereof, and individuals. No application shall be approved unless it contains provisions for appropriate engineering and design, monitoring, and any restoration work necessary at the expiration of the resulting permit. Such permits shall be posted in a conspicuous location at the site of physical activity they authorize, and shall be posted electronically so as to enable public inspection. The department of environmental protection shall promulgate regulations to carry out the provisions of this section, which shall exist coterminously with the existence of the center.
Section 5. The provisions of this act shall expire on December 31, 2031, unless otherwise repealed, modified or extended.
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An Act reducing packaging waste in the Commonwealth
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H776
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HD1439
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-18T13:50:19.227'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-18T13:50:19.2266667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T00:37:00.2066667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-09T17:59:29.67'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:25:41.78'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H776/DocumentHistoryActions
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Bill
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By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 776) of Josh S. Cutler and others relative to reducing paper and packaging waste in the Commonwealth. Environment and Natural Resources.
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SECTION 1. Chapter 21A of the General Laws is hereby amended by inserting after section 11C the following section:
Section 11D.
(a) For the purposes of this section the following terms shall, unless the context clearly appears otherwise, have the following meanings:
“Board”, the Sustainable Packaging Advisory Board
"Brand", a name, symbol, word or mark that identifies a product and attributes the product to the owner of the brand as the producer.
“Department”, the department of environmental protection.
“Designated materials” means any packaging materials or printed paper material that producers generate in the marketplace and are obliged to recover per this section.
“Material recovery facility”, a facility that receives, processes, and sells or otherwise distributes post-consumer materials for recycling.
“Packaging”, any material used to ship, hold, protect, and present goods for sale to consumers in the commonwealth by a producer.
“Packaging types”, including but not limited to corrugated cardboard, boxboard, rigid plastic containers, etc., as designated by the department, based on material type, recyclability, recycled content and other attributes.
"Plan", a detailed plan that describes the manner in which producers shall arrange for the collection and recycling of post-consumer packaging.
"Post-consumer" means material that would normally be discarded as municipal solid waste having completed its life cycle as a consumer item.
“Printed paper”, paper that can or has been printed on including flyers, brochures, booklets, catalogues, greeting cards, telephone directories, newspapers, magazines, paper used for copying, writing or any other general use. Printed paper does not include paper products that, by virtue of their anticipated use, could become unsafe or unsanitary to recycle and any type of bound book not otherwise specified in this definition.
"Producer", an entity with more than $100,000 per year in sales in the commonwealth to which one or more of the following apply:
(1) Which manufactures consumer goods and sells, offers to sell, delivers or distributes in the commonwealth under the manufacturer's own name or brand;
(2) Which is the owner or licensee of a trademark or brand under which the material is sold, offered for sale, delivered or distributed in the commonwealth, whether or not the trademark is registered;
(3) Which imports the consumer goods into the commonwealth for sale or distribution;
(4) Which sells containers into which products are dispensed at a retail establishment for offsite consumption; or
(5) Which sells at wholesale or retail a designated material, does not have legal ownership of the brand, and elects to fulfill the responsibilities of the producer for that product.
(6) Which does not fall under the definition of “small producer”
"Producer responsibility organization", an organization designated by a group of producers to act as an agent on behalf of each producer to develop and implement a plan.
“Product”, any physical product sold to consumers in the commonwealth through retail establishments, wholesale distributor, internet sales or mail order.
(1) Any materials on which a mandatory fee or deposit applies, including beverage containers covered in Chapter 94 section 321, shall be excluded
"Recovery rate", the percentage of packaging and printed material by weight that is ultimately recycled.
"Recycled", material that is collected, prepared, delivered and incorporated in new products as a replacement for, or supplement to, raw material inputs in manufacturing, agriculture or construction. Recycling does not include destruction by incineration, conversion into a fuel without material recovery, or landfill disposal.
“Small producer”, an entity which meets the above specifications defining a producer with the following exceptions:
(1) A producer with less than $100,000 per year in sales, or
2) A producer which supplies less than 15 tons of packaging and printed paper per year. (b) Any producer selling a product in the commonwealth that includes packaging or printed paper shall register with the department annually. The department shall promulgate a registration fee schedule to cover administrative costs, including a schedule for re-evaluating the fee structure.
(c) The governor shall appoint a Sustainable Packaging Advisory board which shall advise the commissioner of the department, the producers and producer responsibility organization(s) on the plans and regulations required herein, and oversee the Sustainable Packaging Trust established in section 35EEE of Chapter 10. The board shall consist of 9 members: 1 of whom shall be the commissioner of the department of environmental protection or a designee, 2 of whom shall be a representative of commonwealth retailers having less than 40% of their annual sales in the commonwealth being online which are subject to the fee; 2 of whom shall be a representative of retailers having more than 40% of their annual sales in the commonwealth being online which are subject to the fee; 2 of whom shall represent of the waste hauling and material recovery facility industry; 1 of whom shall be a representative of statewide nonprofit environmental organizations that participate on the department’s solid waste advisory committee; and 1 of whom shall be a representative of municipal solid waste programs.
(d) Producers, or a producer responsibility organization acting as their designated agent, shall develop and submit a program plan to the department within 4 (four) months of the promulgation of related regulations by the department that arranges for and finances the collection and recycling of post-consumer packaging as described within this section.
The submitted plan shall, at a minimum:
(1) Identify the producer(s) to which the plan applies
(2) Identify and quantify the packaging material type(s) for which the producer, or producer responsibility organization, is responsible for generating within the borders of the commonwealth. For the materials identified, the producer or producer responsibility organization will outline how they will achieve a combined reduction and recovery rate of no less than sixty five percent (65%) by weight by the year 2027, and no less than eighty percent (80%) by 2032;
(2) Explain the process for determining how much of each type of packaging, based on weight, is sold into the commonwealth each year, and determining the amount of material recycled;
(3) Include a financing structure that is sufficient to cover the cost of registering, operating and updating the plan, and maintaining a financial reserve sufficient to operate the program in a fiscally prudent and responsible manner, such that it considers historical variations in market values of their post-consumer packaging type(s). Financing costs shall be apportioned using the following cost criteria:
(i) Position on the Zero Waste International Alliance hierarchy, with higher cost for prohibited or less desirable processes, lower costs for processes further u in the hierarchy
(ii) End of life management cost of each material type per ton, including collection, disposal, recycling, contamination cost at material recovery facilities
(iii) Environmental impact of production, recovery and disposal as determined by an independent third party conducting a life cycle assessment for each material type; and
(ivi) Recovery rate for each material based on audits of incoming loads at representative transfer stations, disposal facilities and material recovery facilities in the commonwealth.
(4) Include a description of a public education program to develop awareness and increase public participation in existing or new recovery programs;
(5) Indicate how the producers, or the producer responsibility organization, will work with existing waste haulers, material recovery facilities and municipalities to operate or expand current collection programs so they are at least as convenient to commonwealth residents, businesses and institutions as they were on the date of enactment.
(e) Producers and (the) producer responsibility organization(s) shall consult with the board during the development of plans, and address stakeholder concerns regarding the plan before submitting the plan to the department for review.
(f) Not later than ninety (90) days after the submission of a plan pursuant to this section, the department shall make a determination whether to:
(1) Approve the plan as submitted;
(2) Approve the plan with conditions; or
(3) Deny the plan.
(g) Not later than six (6) months after the date the plan is approved, the producers, or producer responsibility organization, shall implement the approved plan.
(h) Not later than the implementation date of the program, the department shall publicly list the names of participating producers and the brands covered by the approved program.
(i) Within twenty-four (24) months of the passage of this chapter, no producer, distributor or retailer shall sell or offer for sale any packaging materials to any person in the commonwealth if the producer of such materials has not had a plan approved by the department independently or through a producer responsibility organization .
(j) Producers of packaging or their producer responsibility organization(s) shall submit an annual report to the department on a regular schedule determined by the department for the preceding calendar year the program plan was in operation, which shall include:
(1) the amount of material sold into the commonwealth, including a detailed methodology for how this figure was determined,
(2) the amount of material recovered and recycled, including a detailed methodology for how this figure was determined,
(3) a summary of fees assessed and program expenses incurred,
(4) a summary of business development and job creation, within the scope of the approved plan, related to the collection, transportation, processing and recycling of packaging and printed paper within the commonwealth;
(5) and any other information required by the department pertaining to this Section. This information may be audited by the department by an independent auditor chosen by the department. Audits are funded from the Sustainable Packaging Trust.
Section 11E Authority
The department is hereby authorized to promulgate rules and regulations as may be necessary to implement and carry out the provisions of this chapter, and to assess fines for noncompliance as detailed in Section 11F.
Section 11F Enforcement
Failure to comply with any of the requirements established by or pursuant to Section 11D shall obligate the producers covered under that material-type to pay not less than two hundred thousand dollars ($200,000) per year of non-compliance. The department shall deposit the funds received from producers into the Sustainable Packaging Trust for grants for market development related to the collection and recycling of the material type, and to municipalities to offset disposal costs related to the managing the un-recycled packaging and/or printed paper. Producers' individual contributions shall not exceed their respective market shares of packaging sold in the state.
SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after section 35DDD the following section:
Section 35EEE.
(a)There shall be established an expendable trust to be known as the Sustainable Packaging Trust. Amounts deposited in the trust shall be used for programs described in sections (c) and (d). Proceeds of the trust shall be invested by the treasurer and shall be under the care and custody of the commissioner of the department of environmental protection, in consultation with the board established in section 11D of Chapter 21A. Interest earnings on funds deposited in said trust shall be credited to and become part of the trust. The proceeds of the trust shall be expended by said commissioner without further appropriation to cover administrative costs for the implementation and enforcement of this section, including the creation of adequate[9] [CG10] department staff positions which will include at a minimum five (5) FTE positions: one managerial position, three compliance and enforcement positions, and one administrative position.
(b) The commissioner of environmental protection shall cause to be filed with the chairs of the house and senate committees on ways and means an annual report regarding the revenues and expenditures provided from the trust.
(c) monies deposited in the fund shall be used for the administration and enforcement of the provisions of this section and Section 11D of Chapter 21A. Funds shall be distributed to the department of environmental protection and local authorities based initially on the projected costs, and thereafter on actual costs.
SECTION 3. The department shall, on or before July 1, 2024, promulgate regulations to set a timeline for the types of packaging to be covered by the plans set forth in section 1, with priority materials being those that are most costly to manage based on aggregate disposed weight and aggregate contamination volume at material recovery facilities. All packaging types as defined in section 1 shall be included by 5 years from initial promulgation.
SECTION 4. Effective January 1, 2025, packaged products sold in the commonwealth shall become subject to a packaging reduction and recovery plan according to the schedule set by the department as authorized by section 11D of Chapter 21A.
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An Act relative to clean lighting
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H777
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HD2448
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-18T13:56:15.267'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-18T13:56:15.2666667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-13T11:52:28.6966667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-03-13T10:51:51.44'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-13T13:54:52.0533333'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-04T16:26:15.22'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-04-21T10:54:02.2266667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-03-13T14:01:02.5233333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-03-13T14:43:05.14'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-14T17:22:45.14'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T14:50:00.2033333'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-24T14:25:12.12'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:43:13.54'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T18:25:02.98'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:25:02.1666667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-13T09:16:11.13'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T08:21:35.6566667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T13:41:40.0566667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-13T16:40:16.5566667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-03-13T00:18:07.18'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T20:14:19.2433333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T12:02:39.45'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T12:11:13.4266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:22:14.5333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-04-04T13:52:03.0833333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-04-04T13:52:03.0833333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-04T13:52:03.0833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T15:48:07.94'}]
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Bill
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By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 777) of Josh S. Cutler and others relative to clean lighting. Environment and Natural Resources.
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SECTION 1. Section 2 of Chapter 21H of the General Laws, as appearing in the 2020 official Edition, is hereby amended by striking out the definition of “Mercury-added Lamp” and inserting in place thereof the following definitions:-
“Compact fluorescent lamp” means a compact low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:
(i) One base (end cap) of any type, including, but not limited to, screw, bayonet, two pins, and four pins.
(ii) Integrally ballasted or non-integrally ballasted.
(iii) Light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color Space (CAM02-UCS).
(iv) All tube diameters and all tube lengths.
(v) All lamp sizes and shapes for directional and nondirectional installations, including, but not limited to, PL, spiral, twin tube, triple twin, 2D, U-bend, and circular.
“Linear fluorescent lamp” means a low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:
(i) Two bases (end caps) of any type, including, but not limited to, single-pin, two-pin, and recessed double contact.
(ii) Light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and -0.024 in the CIE CAM02-UCS.
(iii) All tube diameters, including, but not limited to, T5, T8, T10, and T12.
(iv) All tube lengths from 0.5 to 8.0 feet, inclusive.
(v) All lamp shapes, including, but not limited to, linear, U-bend, and circular.
SECTION 2. Section 6J of Chapter 21H of the General Laws is hereby amended by striking out sections (d)(1) and (d)(2) in their entirety and inserting in place thereof the following:-
(d)(1) On and after January 1, 2024, no person shall offer for final sale or distribute in this state as a new manufactured product a screw or bayonet base type compact fluorescent lamp.
(d)(2) On and after January 1, 2025, no person shall offer for final sale or distribute in this state as a new manufactured product a pin-base type compact fluorescent lamp or a linear fluorescent lamp.
SECTION 3. Section 6J of Chapter 21H of the general laws is further amended by adding the following sections:-
(k) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively for image capture and projection, including:
(i) photocopying;
(ii) printing, directly or in preprocessing;
(iii) lithography;
(iv) film and video projection; and
(v) holography.
(l) Sections (d)(1) and (d)(2) do not apply to a lamp that has a high proportion of ultraviolet light emission and is one of the following:
(i) A lamp with high ultraviolet content that has ultraviolet power greater than two milliwatts per kilolumen (mW/klm).
(ii) A lamp for germicidal use, such as the destruction of DNA, that emits a peak radiation of approximately 253.7 nanometers.
(iii) A lamp designed and marketed exclusively for disinfection or fly trapping from which either the radiation power emitted between 250 and 315 nanometers represents at least 5 percent of, or the radiation power emitted between 315 and 400 nanometers represents at least 20 percent of, the total radiation power emitted between 250 and 800 nanometers.
(iv) A lamp designed and marketed exclusively for the generation of ozone where the primary purpose is to emit radiation at approximately 185.1 nanometers.
(v) A lamp designed and marketed exclusively for coral zooxanthellae symbiosis from which the radiation power emitted between 400 and 480 nanometers represents at least 40 percent of the total radiation power emitted between 250 and 800 nanometers.
(vi) Any lamp designed and marketed exclusively for use in a sunlamp product, as defined in section 1040.20(b)(9) of subchapter J of title 21 of the Code of Federal Regulations, as in effect on the date of enactment of this Act.
(m) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively for use in medical or veterinary diagnosis or treatment, or in a medical device.
(n) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively for use in the manufacturing or quality control of pharmaceutical products.
(o) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively for spectroscopy and photometric applications, such as UV-visible spectroscopy, molecular spectroscopy, atomic absorption spectroscopy, nondispersive infrared (NDIR), Fourier transform infrared (FTIR), medical analysis, ellipsometry, layer thickness measurement, process monitoring, or environmental monitoring.
(p) Sections (d)(1) and (d)(2) do not apply to a lamp used by academic and research institutions for conducting research projects and experiments.
(q) The department may cause periodic inspections to be made of distributors or retailers in order to determine compliance with (d)(1) and (d)(2). The department shall investigate complaints received concerning violations of (d)(1) and (d)(2).
(r) If the department finds that any person has committed a violation of any provision of (d)(1) or (d)(2), the department shall issue a warning to such person. Any person who commits a violation after the issuance of such warning shall be subject to a civil penalty, issued by the department, of up to one hundred dollars for each offense. Any further violations committed by such person after this second violation shall be subject to a civil penalty of not more than five hundred dollars for each offense. Each lamp offered, sold, or distributed in violation of (d)(1) or (d)(2), each violation shall constitute a separate offense, and each day that such violation occurs shall constitute a separate offense.
(s) If the department finds repeated violations have occurred, it shall report the results of such violations to the Attorney General. The Attorney General may institute proceedings to seek an injunction in state court to enforce the provisions of (d)(1) or (d)(2).
(t) The department may adopt such further regulations as necessary to ensure the proper implementation and enforcement of the provisions of (d)(1) and (d)(2).
SECTION 4. The department of energy resources shall consult with the department of public utilities, the administrators of energy efficiency programs established under section 19 of chapter 25, and municipal lighting plants to offer incentives and rebates for converting to high-efficiency lighting technologies for eligible homeowners. Eligible homeowners shall include any homeowner in the commonwealth that:
(a) resides in a house or apartment or other unit of housing built over 50 years before the current date; and
(b) resides in a home with light ballasts incompatible with non-mercury containing light bulbs or lamps.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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Resolve to review, consider, and evaluate, and to establish a suitable body and/or special commission to consider climate change economic consequences
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H778
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HD3556
| 193
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{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T13:10:00.543'}
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[{'Id': None, 'Name': 'Vincent L. Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T13:17:09.94'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H778/DocumentHistoryActions
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Resolve
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By Representative Day of Stoneham (by request), a petition (accompanied by resolve, House, No. 778) of Vincent L. Dixon for an investigation by a special commission (including members of the General Court) to study the economic consequences of climate change. Environment and Natural Resources.
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Resolved, 1.) It appears, and it is generally agreed, that Climate Change, is occurring, across our Planet Earth, and that there are actual present consequences, and potential actual future consequences of these circumstances. It has generally been determined that there is a global warming phenomena, that this can also lead to various extremes, that cause rises in water levels, extreme variations in temperature, risks of extreme droughts, exaggerated extremes in storms, and other effects.
2.) While there are numerous arguments regarding, specific details of causation, its extent, and its potential severity, there is little argument, as to the reality of these circumstances.
3.) Important aspects of government, public policy, and public services, include, but are not limited to, providing for the public good, in terms of lives, public health, public safety, and reasonable protection of property, both public, and private.
4.) Recent disasters, and continuing erosion, especially along the Massachusetts coast, numerous flooding events within the Commonwealth, and other severe weather events, have caused damage to the Commonwealth, its citizens, its businesses, and its economic costs; and potentially presage many further, potentially damaging events.
5.) While larger policies, can most effectively be dealt with by the broader Federal agencies, and government; and various international agreements; there are numerous practical circumstances, that should be addressed, and measured, in terms of looking forward, for the reasonable security of our Commonwealth; and its cities, and towns.
6.) It is in the interests of all residents of our Commonwealth, that their local governments in the municipalities, and other public agencies, be able to anticipate such costs, needs for various actions, and what amounts of financing, may be needed, as part of responsible public services, and long-term planning. This will assist residents, home owners, businesses, institutions, and other stakeholders, in their long-term planning, as well as their ordinary operations.
7.) Therefore, this Resolve, creates a Climate Change Economic Consequences Commission, to collect data (including both existing, and new needed data); assess various likely, and possible, scenarios, relating to climate changes, environmental variations, and other reasonable adjustments of public policy; and to report on various levels of cost, appropriate descriptions of insurance, and financing; in terms of individuals, possible disasters, and other related matters, that are important to the people of our Commonwealth.
8.) Membership – The membership of this Commission shall be appointed as follows: A total membership of twenty-one (21); five (5) appointed by the Governor, five (5) by the President of the Senate, five (5) by the Speaker of the House; and the remaining six (6) by the first fifteen (15); from individuals of the Commonwealth applying, including representatives of organizations, scientists, local city and town municipalities, insurance adjusters, financial organizational planners, infrastructure experts, and ordinary citizens.
9.) Duration of Commission – This Commission shall hold regular hearings, at least four (4) per year, across the Commonwealth, and file reports, on an at least annual basis, completing its business, not later than five (5) years after its establishment.
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An Act to save recycling costs in the commonwealth
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H779
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HD3565
| 193
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{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T13:03:29.603'}
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[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T13:03:29.6033333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-07-10T17:22:32.5233333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-07-10T17:22:32.5233333'}]
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Bill
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By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 779) of Michael S. Day relative to recycling costs. Environment and Natural Resources.
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Section 1: Definitions
(a) “Beverage container” means a container used to contain all drinks in liquid form and intended for human consumption.
(b) “Bio-plastic” or “bio-plastics” means plastic produced from biological sources such as vegetable fats and oils, polysaccharides, sugar, proteins, or other materials that are designed to be biodegradable.
(c) “Brand” means any mark, word, name, symbol, design, device, or graphical element or a combination thereof, including a registered or unregistered trademark, that identifies and distinguishes a product from other products.
(d) “Commissioner” means the Commissioner of Department of Environmental Protection.
(e) “Comptroller” means the chief fiscal officer of the state.
(f) “Department” means the Department of Environmental Protection.
(g) “Discarded/Discards” [synonymous with “Generated/Generation”] means packaging material that has been used for its intended purpose and is no longer needed by consumers, businesses, institutions, and other users, and can be managed through reuse, recycling, or disposal.
(h) “Disposal” means the landfilling or incineration of packaging material. “Disposal” shall also include energy recovery or energy generation by any means, including, but not limited to, combustion, pyrolysis, gasification, solvolysis, thermal desorption, waste to fuel, or any other chemical conversion process, or molecular conversion process. “Disposal” shall also include the use of materials as landfill cover.
(i) “Environmental justice community” means any neighborhood or community which is composed predominantly of persons of color or persons below the poverty line, that is subject to a disproportionate burden of environmental hazards.
(j) “Generated/Generation” [synonymous with “Discarded/Discards”] means packaging material that has been used for its intended purpose and is no longer needed by consumers, businesses, institutions, and other users, and can be managed through reuse, recycling, or disposal.
(k) “Local Government” means any municipal corporation, governmental subdivision of the State, local government unit, special district, school, local or regional board, commission, or authority authorized by law to plan or provide for waste management services for a specific geographical area
(l) “Packaging” or “Packaging Material” means a discrete material or category of material, regardless of recyclability, including but not limited to such material types as paper, plastic, glass, metal, or multi-material, that is used for the containment, protection, handling, delivery, transport, distribution, or presentation of another product that is sold, offered for sale, imported, or distributed in the state.
Packaging does not include:
(1) Medical devices and packaging which are included with products regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., Sec. 3.2(E) of 21 U.S. Code of Federal Regulations, or the Dietary Supplement Health and Education Act
(2) Animal biologics, including vaccines, bacterins, antisera, diagnostic kits, and other products or biological origin, and other covered materials regulated by the United States Department of Agriculture under the Virus, Serum, Toxin Act, 21 U.S.C. 151-159;
(3) Packaging regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq. or other applicable federal law, rule, or regulation; and
(4) Beverage containers subject to a returnable container deposit, if applicable.
(m) “Packaging Reduction Organization” means the non-profit entity or entities contracted by the Department and authorized to collect producer fees, assist producers with compliance with the requirements of this Act, provide technical assistance to producers, and implement the Packaging Reduction and Recycling Program.
(n) “Packaging Reduction and Recycling Program” or “Program” means the program implemented by the Packaging Reduction Organization, and overseen by the Department, to reduce packaging, assess and collect information and payments from producers based on the amount of packaging used by the producer to contain, protect, deliver, present, or distribute their products, in order to pay for the development of packaging reduction programs including, but not limited to, reusable and refillable packaging systems and infrastructure, reimbursements to local government to cover the cost of packaging recycling, and investments in education and outreach.
(o) “Post-Consumer Recycled Material” means new material produced using material resulting from the recovery, separation, collection and reprocessing of material that would otherwise be disposed of or processed as waste and that was originally sold for consumption. “Post-Consumer Recycled Material” does not include post-industrial material or pre-consumer material, or material generated by means of advanced recycling, chemical recycling, combustion, gasification, incineration, pyrolysis, solvolysis, thermal desorption, waste-to-energy, waste-to-fuel, or any other chemical or molecular conversion process.
(p) “Producer” means:
(1) A person or entity that manufactures or uses in commercial enterprise a product sold, offered for sale, contained, protected, delivered, presented, or distributed in or using packaging into the state under the brand of the manufacture;
(2) clause (1) does not apply, a person or entity that is not the manufacturer of the product, but is the owner or licensee of a trademark, regardless of whether the trademark is registered, under which a product is sold, offered for sale, contained, protected, delivered, presented, or distributed in or using packaging; or
(3) If clause (1) and (2) do not apply, a person or entity that imports a product that is contained, protected, delivered, or presented in packaging, into the United States or the state for use in commercial enterprise in the state.
“Producer” includes a franchisor of a franchise located in the state but does not include the franchisee operating that franchise.
(q) “Product Line” means a group of related products all marketed under a single brand name that is sold by the same producer to distinguish products from each other for better usability for customers.
(r) “Recyclable” means a product or packaging material a) that can be sorted by entities that process post-consumer materials generated in the state, b) that has a consistent regional market for purchase by end users in the production of new products, and c) which can be recycled with minimal losses of material during processing and manufacturing. Whether a product or packaging type meets these criteria shall be determined by an annual review process as described in Section 5 (c) below.
“Recyclable” does not include material processed through advanced recycling, chemical recycling, combustion, gasification, incineration, pyrolysis, solvolysis, thermal desorption, waste-to-energy, waste-to-fuel, or any other chemical or molecular conversion process.
(s) “Recycled” means the use of discarded packaging materials or products in the production of a new product or packaging in place of virgin materials. Material will not be considered “recycled” if it is used as landfill cover. “Recycled” material does not include contaminants, residues, and other process losses.
(t) “Recycling” means the series of activities by which material is: (a) collected, transported, sorted, and processed; (b) used in industrial feedstocks in place of virgin materials to manufacture new products with minimal loss of material quality and quantity, as determined through the process set forth in Section 5 (c) below.
“Recycling” does not include energy recovery, energy generation, or the creation of hazardous chemicals by any means, including but not limited to advanced recycling, chemical recycling, combustion, gasification, incineration, pyrolysis, solvolysis, thermal desorption, waste-to-energy, waste-to-fuel, or any other chemical or molecular conversion process. It also does not include landfill disposal of discarded material or discarded product component materials, including the use of materials as landfill cover.
(u) “Recycling Rate” means the percentage of any given packaging type that is ultimately recycled. The recycling rate for any packaging material shall be calculated as the total weight of packaging that is recycled in a given year divided by the total weight of packaging generated. Material losses (contaminants and residues) accruing during collection, processing and manufacturing new products do not count as recycled and should not be in the numerator of the equation.
(v) “Reuse” means the return of packaging back into the economic stream for use in the same kind of application intended for the original packaging, without effectuating a change in the original composition of the package, the identity of the product, or the components thereof.
(w) “Reuse and refill system" means a program or set of mechanisms designed to facilitate multiple uses of packaging; Mechanisms may include, but are not limited to, deposits, incentives, curbside collection, collection kiosks, refill stations, dishwashing facilities, and re-distribution networks.
(x) “Reusable or refillable packaging and containers” means packaging material and containers that are specifically designed and manufactured to maintain its shape and structure, and be materially durable for repeated sanitizing, washing, and reuse.
(y) “Toxic substance” means a chemical or chemical class identified by a state agency, federal agency, international intergovernmental agency, accredited research university, or other scientific entity deemed authoritative by the Department on the basis of credible scientific evidence as being one or more of the following:
(1) A chemical or chemical class that is a carcinogen, mutagen, reproductive toxicant, immunotoxin, neurotoxicant, or endocrine disruptor.
(2) A chemical or chemical class that is persistent or bioaccumulative.
(3) A chemical or chemical class that may harm the normal development of a fetus or child or cause other developmental toxicity in humans or wildlife.
(4) A chemical or chemical class that may harm organs or cause other systemic toxicity.
(5) A chemical or chemical class that may have adverse air quality impacts, adverse ecological impacts, adverse soil quality impacts, or adverse water quality impacts.
(6) A chemical or chemical class that the Department has determined has equivalent toxicity to the above criteria.
(z) “Unit” means each discrete component of a package or container, including material that is used for the containment, protection, handling, delivery, transport, distribution, and presentation of a product that is sold, offered for sale, imported, or distributed in the state, including through internet transactions.
(aa) “Universal Product Code” or "UPC" means a standard for encoding a set of lines and spaces that can be scanned and interpreted into numbers for product identification purposes. "Universal product code" includes any industry-accepted barcode used for product identification purposes in a manner similar to a UPC, including, but not limited to, a European Article Number.
Section 2: Packaging Reduction and Recycling Program
(a) This Act establishes a Packaging Reduction and Recycling Program by which producers who sell, offer for sale, or distribute products contained, protected, delivered, presented, or distributed in packaging shall pay fees based on the quantity and type of packaging used in the state. The fees shall be used to fund the administration of this program. Producers shall also be required to make changes to the design of their products in order to meet packaging reduction and recycling requirements.
(b) The Department shall contract with a non-profit, 501(c)(3) to act as the Packaging Reduction Organization, which shall collect packaging reduction, generation, and recycling information and fee payments, as described in Section 8, from participating producers. The payments collected from producers shall be deposited into the Packaging Reduction Fund to reimburse local governments for the costs associated with reducing and managing packaging waste, reimburse the Department for their administration of the program, and to support eligible projects that reduce packaging waste by investing in packaging reduction and elimination, reuse and refill systems and programs, recycling infrastructure, and comprehensive multi- media educational programs.
(c) No later than eighteen months after after the effective date of this Act, the Department shall conduct a statewide packaging reduction, reuse, and recycling needs assessment as described in Section 7 of this Act to determine the current state of packaging reuse, recycling, and disposal, and to identify barriers and opportunities to reduce the amount of packaging discarded and disposed of, and to increase the reusability and recyclability of packaging.
(d) The State Comptroller shall conduct an annual audit of the program, including but not limited to: the amount of money received; the amount of money sent to local governments; the amount of money used to invest in reduction, recycling, and reuse programs and services by the Packaging Reduction Organization and any state offices; the amount of discarded packaging generated, reduced, and recycled; any recommendations for improvement of the program. The audit shall be a public document.
Section 3: Producer Responsibilities and Exemptions for Small Producers.
(a) One year after the selection of the Packaging Reduction Organization as required by section 4 of this act, a producer shall not sell, offer for sale, or distribute into the state a product contained, protected, delivered, presented, or distributed in packaging unless the producer is:
(1) Registered with the Packaging Reduction Organization; and
(2) In full compliance with all requirements of this act.
(b) A producer shall annually report to the Packaging Reduction Organization:
(1) The total amount, by unit, of each type of packaging material sold, offered for sale, or distributed for sale into the state by the producer in the prior calendar year;
(2) All information necessary for producer and the Packaging Reduction Organization to meet its obligations required pursuant to section 5 of this act.
(c) A producer shall annually submit a written statement, signed by the chief executive officer, verifying the producer’s compliance with:
(1) The toxic substance reduction requirements of section 10 of this act;
(2) The packaging reduction requirements of section 11 of this act; and
(3) The packaging recycling requirements of section 13 of this act.
(d) A producer is exempt from the requirements and prohibitions of this act in a calendar year in which:
(1) The producer realized less than $1,000,000 in total gross revenue during the prior calendar year; or
(2) The producer sold, offered for sale, or distributed for sale products contained, protected, delivered, presented, or distributed in or using less than one ton of packaging material in total during the prior calendar year.
(e) A producer claiming an exemption pursuant to subsection (d) of this section shall provide the department with sufficient information to demonstrate that the claimant is eligible for an exemption.
Section 4: Selection of the Packaging Reduction Organization
(a) Consistent with the requirements of this Section, within one year after the promulgation of rules as required by Section 14 of this Act, the Department shall select and enter into a contract with a non-profit organization to act as the Packaging Reduction Organization in order to operate the Packaging Reduction and Recycling Program for a period of ten years.
(b) Consistent with applicable competitive bidding requirements under state purchasing laws and following the initial adoption of rules by Department pursuant to Section 14 of this Act, the Department shall issue a request for a proposal for the operation of the Packaging Reduction and Recycling Program. The proposals must be required to cover the 10-year operation of the program by the successful bidder and must be required to include, at a minimum, the following information:
(1) A description of how the bidder will administer the Packaging Reduction and Recycling Program, including the mechanisms and processes for providing assistance to producers to comply with the reporting requirements of this Act;
(2) The mechanisms and processes the bidder will use to compile information from participating producers;
(3) How the bidder intends to establish and manage the Packaging Reduction Fund, including, but not limited to, public participation, the staffing the bidder intends to use for management of the fund, and the plan for providing technical support to interested persons regarding use of the funds;
(4) A financial assurance plan that ensures all funds held in the Packaging Reduction Fund are immediately and exclusively forfeited and transferred to or otherwise made immediately available to the Department if the Packaging Reduction Organization contract with the Department is terminated by the Department, or expires;
(5) A proposed budget outlining the anticipated costs of operating the producer responsibility program, including identification of any start-up costs that will not be ongoing and a description of the method by which the bidder intends to determine and collect producer payments during the initial startup period;
(6) A certification that the bidder will not share, except with the Department, information provided to the bidder by a producer that is proprietary information and that is identified by the producer as proprietary information. The certification must include a description of the methods by which the bidder intends to ensure the confidentiality of such information; and
(7) Any other additional information required by the Department.
(c) If, at the close of the competitive bidding process under this subsection, the Department determines that no bidder has submitted, in accordance with this subsection, a proposal that meets the requirements of this subsection the Department shall run the program by itself or a designated state public body.
Section 5: Responsibilities of the Packaging Reduction Organization
(a) The Packaging Reduction Organization shall:
(1) Register all producers;
(2) Collect and compile data from producers as required by Section 3 of this Act;
(3) Collect fees due from producers as required by Section 8 of this Act;
(4) Reimburse the Department and the State Comptroller for the costs associated with conducting the needs assessment required by Sections 7, 8, and 9 of this Act;
(5) Distribute funds to reimburse local governments and private companies for the costs associated with the implementation of reduction and refill and reuse programs, collection, transportation, and recycling of packaging materials as required by Section 9 of this Act;
(6) Make recommendations to the Department regarding investments toward packaging reduction, reuse, and recycling as required by Section 9 of this Act; and
(7) Offer technical support to participating producers, with an emphasis on support to small businesses, to assist them with compliance with the requirements of this Act, including information about procuring affordable alternatives to non-compliant packaging and reducing packaging.
(b) Annually, the Packaging Reduction Organization shall submit a report to the Department that, at a minimum, must include the following information:
(1) Contact information for the Packaging Reduction Organization;
(2) A list of all participating producers, brand(s), and products identified by the Universal Product Code (UPC) that the producer sells, offers for sale, or distributes into the state that are contained, protected, delivered, presented, or distributed in or using packaging;
(3) The total amount, by both weight and number of units of each type of packaging material used to contain, protect, handle, deliver, transport, distribute, or present products sold, offered for sale, or distributed into the state by each individual producer during the prior calendar year;
(4) The total amount, by both weight and number of units, of each type of packaging material used to contain, protect, handle, deliver, transport, distribute, or present products sold, offered for sale, or distributed into the state by all producers during the prior calendar year.
(5) A complete accounting of all payments made to and by the Packaging Reduction Organization during the prior calendar year;
(6) A list of producers believed to be out of compliance with the requirements of this Act, and the reason the Packaging Reduction Organization believes the producer to be out of compliance. Information on non-compliant companies shall be provided to the State Attorney General’s Office in a timely fashion and for possible enforcement action by that office.
(7) A description of the educational and outreach efforts made by the Packaging Reduction Organization in the prior calendar year, and how those efforts were designed to reduce packaging waste, and increase reuse and recycling of packaging materials.
(8) An assessment of whether the fee structure adopted by the Department pursuant to Section 8 of this Act has been effective in incentivizing improvements to the design of packaging material, including actual reduction of packaging, increases in reusable and refillable packaging, recycling rates for packaging materials, and decreases in the amount of packaging;
(9) A description of the reimbursements and expenditures made pursuant to Section 9 of this Act; and
(10) Any additional information required by the Department.
(c) The Packaging Reduction Organization shall conduct an annual review process to determine whether products and packaging materials are recyclable. This review shall be conducted in consultation with representatives of end markets, including recycled commodities brokers and manufacturers who purchase post-consumer material for use in manufacturing new products. For the purposes of calculating producer payments and municipal reimbursements in accordance with this Act, this annual process must include a transitional period between the date the determination is finalized and the date it goes into effect.
(d) The Packaging Reduction Organization shall conduct public outreach and provide consumers with educational and informational materials related to reducing the amount of packaging discarded, recycled, and disposed of in the state.
(1) The outreach and education shall, at a minimum, include:
i. A description of the environmental, social, economic, and environmental justice impacts associated with improper disposal of packaging materials;
ii. At least 3 public hearings in geographically diverse parts of the state each year, to solicit public input on the implementation and effectiveness of the law and suggested improvements.
iii. Information regarding the management of discarded packaging including reuse, recycling, composting, and disposal by landfilling and incineration;
iv. The location and availability of curbside and drop-off collection opportunities for packaging waste, including deposit and take-back programs;
v. description of the environmental, social, economic, and environmental justice impacts associated with failure to reuse or recycle packaging materials;
vi. Information regarding municipal reimbursement for the costs associated with packaging reuse, recycling, and disposal; and
vii. Any other information required by the Department.
(e) The public outreach and education conducted by the Packaging Reduction Organization shall:
i. Utilize all available forms of media, including, but not limited to, television, radio, print, electronic, and web-based media to provide information directly to residents in the state, in multiple languages;
ii. Be coordinated with the various local governments in the state to incorporate electronic, print, web-based and social media elements that individual local governments may elect to use, at their discretion, to provide education directly to their residents;
iii. Be provided to producers for inclusion on their packaging’s label to inform consumers about the methods to responsibly reuse, recycle, or dispose of the packaging; and
iv. be coordinated with other similar public outreach and education programs in the state as necessary to avoid consumer confusion and facilitate the consolidation of available resources.
(f) In addition to engaging in the public education and outreach required by subsection (c) of this Section, the Packaging Reduction Organization shall be authorized to provide producers and retailers with educational materials related to the responsible reduction, reuse, recycling, or disposal of discarded packaging. The educational and informational materials provided to the retailer under this subsection may include, but need not be limited to, printed materials, signage, templates of materials that can be reproduced by retailers and provided thereby to consumers at the time of a product’s purchase, and advertising materials that promote and encourage consumers to properly reuse, recycle, or dispose of packaging materials.
(g) The Packaging Reduction Organization shall not spend funds on lobbying federal, state, or local governments or campaign contributions to any candidates running for office.
Section 6: Responsibilities of the Department
(a) Beginning one year after the selection of the Packaging Reduction Organization pursuant to Section 4 of this Act, and annually thereafter, the Department shall work with the Packaging Reduction Organization to:
(1) calculate the amount of packaging that was generated during the prior calendar year;
(2) calculate the recycling rate for all packaging during the prior calendar year;
(3) calculate the recycling rate for each packaging material type during the prior calendar year; and
(4) develop a list of producers believed to be out of compliance with the requirements of this Act.
(b) In the event that the Department determines that the Packaging Reduction Organization no longer meets the requirements of this Act, or fails to implement and administer the requirements of this Act in a manner that effectuates the purposes of this Act, the Department shall revoke its approval of the Packaging Reduction Organization, and shall select a new Packaging Reduction Organization to replace it, or, in the alternative, may elect to operate the program itself.
(c) The Department or state Attorney General shall take enforcement action against all non-compliant producers in accordance with Section 15 of this Act.
Section 7: Statewide Packaging Reduction, Reuse, and Recycling Needs Assessment.
(a) Consistent with applicable competitive bidding requirements, within six months of the passage of this act, and every five years thereafter, the Department shall issue a request for proposals to conduct a statewide packaging reduction, reuse, and recycling needs assessment, hereinafter “needs assessment” to identify barrier and opportunities for reducing, reusing, and recycling packaging materials. The proposals must include, at a minimum, a description of how the bidder will conduct the needs assessment to evaluate the following:
(1) The current recycling rate for each type of packaging material;
(2) The amount, by weight and material type, of packaging recycled at each recycling facility that accepts discarded packaging generated in the state;
(3) The processing capacity, market conditions, and opportunities in the state and regionally for recyclable materials;
(4) The net cost of end-of-life management of discarded packaging in the state, including the cost associated with the collection, transportation, sortation, recycling, landfilling, or incineration of discarded packaging;
(5) The availability of opportunities in the recycling, and reuse system for minority-and-women-owned businesses;
(6) Current barriers affecting recycling access and availability in the state;
(7) Current barriers to the marketability of recyclable materials generated in the state;
(8) Opportunities for the creation of packaging reuse and refill programs in the state;
(9) Opportunities for the improvement of packaging recycling in the state, including the development of end markets for recycled packaging materials.
(10) Current barriers affecting the creation and implementation of packaging reuse and refill programs; and
(11) Consumer education needs in the state with respect to packaging waste reduction, recycling, reducing contamination in recycling, and reuse and refill systems for packaging.
(b) After reviewing proposals, the Department shall select an applicant to perform the needs assessment. If, at the close of the competitive bidding process, the Department determines that no applicant can successfully perform the needs assessment, the Department must perform the needs assessment itself, or designate another state office to do it.
(c) The cost incurred by the Department or its state designee associated with conducting the needs assessment shall be paid for by funds from the Packaging Reduction and Recycling Fund.
(d) The Department shall report the results of the study to the public, the media, state legislature, the Governor, the State Comptroller and the Attorney General, who are all directed to coordinate enforcement of this law.
Section 8: Assessment of Fees
(a) The Department shall promulgate regulations setting forth the manner in which producer payments on packaging materials must be calculated and assessed.
(b) The payments shall be calculated based on the total amount, by weight, of each type of packaging material used to contain, protect, deliver, present, or distribute a product sold, offered for sale, or distributed into the state by the producer in the prior calendar year.
(c) The list of packaging material types for which there is a specific fee must include, at a minimum, the following material types:
(1) Polyethylene terephthalate (PET or PETE);
(2) High density polyethylene (HDPE);
(3) Polyvinyl Chloride (PVC)
(4) Low density polyethylene (LDPE)
(5) Polypropylene (PP)
(6) Polystyrene (PS) including expanded polystyrene
(7) Other plastic resin types not specifically identified here;
(8) Bio-plastics;
(9) Paper;
(10) Cardboard;
(11) Wood;
(12) Glass;
(13) Bi-metal, steel and other ferrous metals;
(14) Aluminum and other non-ferrous metals; and
(15) Mixed materials including laminates and packaging containing more than one of the above materials
(16) Any other material used for consumer packaging.
(d) The fees shall be designed to cover, at a minimum, the total cost associated with:
(1) The collection transportation, and management of each type of packaging material used to contain, protect, deliver, present, or distribute products sold, offered for sale, or distributed into the state by all producers;
(2) The Department’s and other state agencies administration of this Act;
(3) The Packaging Reduction Organization’s administration of the Packaging Reduction and Recycling Program;
(4) The cost associated with the development of the statewide packaging reduction, reuse, and recycling needs assessment pursuant to Section 7 of this Act; and
(5) Any other factors determined by the Department.
(e) The fees adopted under this Section must delineate criteria to be used to initially establish and subsequently adjust producer payments in a manner that incentivizes:
(1) a reduction in the total packaging as measured by weight used by producers, and discarded by consumers, businesses, institutions, and other users. Weight reductions shall not be achieved by substituting plastic for other materials types.
(2) an increase in the proportion of a producer’s total packaging that is managed within a reuse and refill system;
(3) an increase in the proportion of a producer’s total packaging that is deemed recyclable as determined by an annual review process as described in Section 5 (c) of this Act.
(4) an increase in the proportion of a producer’s total packaging that is ultimately recycled;
(5) a reduction in toxic components in packaging materials; and
(6) a reduction in litter from packaging materials.
(f) There shall be no fee assessed on packaging that is designed for reuse and refill and contained within a reuse or refill system.
(g) The Department shall update and revise the fees every three years.
Section 9: Packaging Reduction Fund
(a) There is hereby established, a separate, non-lapsing, interest-bearing fund to be known as the Packaging Reduction Fund, which will be managed by the Packaging Reduction Organization with oversight from the Department.
(b) The Packaging Reduction Organization shall deposit into the fund all payments received from producers in accordance with Section 8 of this Act, and all penalties collected pursuant to Section 14 of this Act.
(c) Beginning one year after the first payment of fees by producers pursuant to Section 8 of this Act, and annually thereafter, the Packaging Reduction Organization shall:
(1) Retain a portion of the fees deposited into the Packaging Reduction Fund to cover the costs associated with its administration of the Packaging Reduction and Recycling Program.
(2) Reimburse, the Department, the Office of the Inspector General, the Office of Attorney General, the State Comptroller and all other state entities for the costs associated with administering and enforcing the requirements of this Act and its implementation regulations. This reimbursement shall include costs associated with performing, revising, and updating the Statewide Packaging Reduction, Reuse, and Recycling Needs Assessment required by Section 7 of this Act. This reimbursement shall also cover any costs incurred by the Department in adopting rules, revising rules, and administering and enforcing the requirements of this Act.
(d) Beginning one year after the first payments of fees by producers pursuant to Section 8 of this Act, and annually thereafter, the Packaging Reduction Organization shall distribute money from the Packaging Reduction Fund to reimburse local governments for the costs incurred for the management, reduction, and recycling of packaging waste, so long as the local government provides recycling services to all residents, businesses, schools, and institutions in their jurisdiction. Local governments that contract with private haulers and recyclers to handle the management, reduction, and recycling of packaging waste are eligible for reimbursement, so long as the private hauler or recycler provides recycling services to all residents, businesses, schools, and institutions within the local government’s jurisdiction. Nothing in this subsection, shall be interpreted as allowing for the reimbursement of costs associated with the disposal of packaging.
(e) Beginning one year after the first payment of fees by producers pursuant to Section 8 of this Act, and annually thereafter, the Packaging Reduction Organization shall make all remaining funds following the reimbursement and distributions required by subsections (c) and (d) of this Section, available for projects and programs that will help achieve the packaging reduction requirements of Section 10 of this Act, and the packaging recycling requirements of Section 11 of this Act. Annually, the money allocated for projects and programs under this subsection shall be at least 50% of the money provided to local government pursuant to subsection (d) of this section.
(1) Funds may be used for investment in collection systems, transportation systems, reuse systems, washing systems, redistribution systems, technology for tracking and data collection, capital expenditures on new and emerging technology focused on reusable and refillable packaging, as well as equipment, and facilities, and other projects determined by the Department to facilitate the goals and objectives of this Act.
(2) Funds may also be used for investment in public outreach and education in ways that increase access and participation in packaging reduction, reuse, refill, and recycling systems throughout the state.
(3) The Packaging Reduction Organization shall prioritize investments for projects and programs that will directly benefit environmental justice communities, including, but not limited to, communities that are home to a landfill, incinerator, transfer station, or waste-to-energy facility.
(4) Any investments made pursuant to this subsection must be approved by the Department. The Department shall approve or deny proposed investments within 90 days of receipt of a proposal from the Packaging Reduction Organization. The investments may be approved, at the discretion of the Department, so long as the proposed investment will, at a minimum:
i. Increase the transition of packaging from non-reusable to reduced, reusable or refillable packaging.
ii. Increase access to reuse and refill infrastructure in the state.
iii. Increase the capacity of reuse and refill infrastructure in the state.
iv. Provide reuse and refill instructions that are, to the extent practicable, consistent statewide, easy to understand, translated into various commonly used languages, and easily accessible.
v. Provide for outreach and education that are coordinated across programs or regions to avoid confusion for residents, and developed in consultation with local government and the public.
Section 10: Packaging Reduction Requirements
(a) Each individual producer is required to meet the packaging reduction requirements contained in this section.
(1) Beginning two years after a producer first registers with the Packaging Reduction Organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 10% by weight.
(2) Beginning four years after a producer first registers with the Packaging Reduction Organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 20% by weight
(3) Beginning six years after a producer first registers with the Packaging Reduction Organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 30% by weight.
(4) Beginning eight years after a producer first registers with the Packaging Reduction Organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 40% by weight.
(5) Beginning ten years after a producer first registers with the Packaging Reduction Organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 50% by weight.
(b) The reductions required by this subsection shall be measured against the total amount of packaging the producer used to contain, protect, deliver, present, or distribute the products they sold, offered for sale, or distributed for sale, during the first year they registered with the Packaging Reduction Organization.
(c) The reductions required by this subsection may be achieved by using the following strategies:
(1) Elimination of packaging components;
(2) Reduction of packaging components;
(3) Using reuse and refill systems; and
(4) Packaging rightsizing, lightweighting, and optimization.
(d) The reductions required by this subsection shall not be achieved by substituting plastic for other materials
(e) In the case of a producer that enters the market with 50% or more by weight of its packaging being reusable and contained within a reuse and refill system, that producer may apply to the Department for a waiver from the packaging reduction requirements.
Section 11: Packaging Recycling Requirements
(a) Each individual producer is required to meet the packaging recycling requirements contained in this Section.
(b) A producer is required to ensure that the packaging used to contain, protect, deliver, present, or distribute the products they sell, offer for sale, or distribute into the state, is made of a material that meets the following recycling rates:
(1) Not less than 30% within five years after the enactment of this Act;
(2) Not less than 50% within eight years after the enactment of this Act; and
(3) Not less than 70% within twelve years after the enactment of this Act.
(c) The requirements of subsection (b) of this Section shall not apply to reusable or refillable packaging or containers.
Section 12: Toxic Reduction Requirements
(a) Beginning two years after the promulgation of rules pursuant to Section 14 of this Act, no person or entity may sell, offer for sale, or distributed into the state any packaging containing the following toxic substance:
(1) Ortho-phthalates;
(2) Bisphenols;
(3) Per- and polyfluoroalkyl substances (PFAS);
(4) Lead and lead compounds;
(5) Hexavalent chromium and compounds;
(6) Cadmium and cadmium compounds;
(7) Mercury and mercury compounds;
(8) Benzophenone and its derivatives;
(9) Halogenated flame retardants;
(10) Perchlorate;
(11) Formaldehyde;
(12) Toluene;
(13) Antimony and compounds; and
(14) UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol).
(b) Beginning two years after the promulgation of rules pursuant to Section 14 of this Act, no person or entity shall sell, offer for sale, or distributed for use in this state any packaging containing:
(1) Polyvinyl chloride;
(2) Polystyrene; or
(3) Polycarbonate.
(c) Beginning three years after the promulgation of rules pursuant to Section 14 of this Act, and every three years thereafter, the Department shall designate at least ten additional toxic substances or families of toxic substances that may no longer be sold, offered for sale, distributed for sale, or distributed for use in packaging in this state unless it determines there are not ten chemicals that meet the definition of toxic substances. If the Department determines there are not ten toxic substances that meet such a definition, it shall publish a detailed statement of its findings and conclusions supporting such determination.
(d) Within 180 days of designating a toxic substance, the Department shall adopt regulations to prohibit the newly designated toxic substance in packaging, with an effective date no later than two years after such designation.
(e) Any producer that violates this Section shall be subject to a fine for each violation not to exceed fifty thousand dollars per violation. For the purposes of this Section, each product line that is sold, offered for sale, or distributed to consumers, via retail commerce, in the state, including through an internet transaction violation shall be considered a violation.
Section 13: Establishment of the Office of Inspector General
(a) The Department shall establish a standalone independent Office of Inspector General within the Department. The Office of Inspector General shall evaluate the programs created by this Act on an annual basis to ensure it is properly functioning, and the producers are in compliance with the requirements of this Act.
(b) The Office of Inspector General shall have the authority to investigate the compliance of producers with all provisions of this Act and to bring enforcement violations against non-compliant producers.
Section 14: Rulemaking
(a) The Department may promulgate rules as necessary to implement, administer, and enforce this Act. All rules developed under the Act shall be promulgated no later than one year after the completion of the completion of the Statewide Packaging Reduction, Reuse, and Recycling Needs Assessment as required by Section 7 of this Act.
(b) The Department shall solicit input from the public of any draft rules to implement this Section, solicit public comment on draft rules for a period of at least 90 days, and hold a public hearing on the draft rules.
(c) The rules adopted by the Department pursuant to this Section must include, at a minimum:
(1) A process for contracting with the Packaging Reduction Organization pursuant to the requirements of Section 4 of this Act;
(2) A process for annually determining a schedule of producer fees and payment collections pursuant to the requirements of Section 7 of this Act;
(3) A process for collecting all necessary information to ensure producer compliance with the requirements of this Act;
(4) A process for evaluating whether a producer is in compliance with the packaging reduction requirements of Section 10 of this Act;
(5) A process for evaluating whether a producer is in compliance with the packaging recycling requirements of Section 11 of this Act;
(6) A process for evaluating whether a producer is in compliance with the toxic packaging reduction requirements of Section 12 of this Act;
(7) A process for determining on an annual basis the types of packaging material that are recyclable;
(8) A process for the assessment of the Packaging Reduction Organization and the Packaging Reduction and Recycling Program;
(9) Requirements for the Packaging Reduction Organization to conduct a representative audit of recyclable material processed and sold by facilities that process recyclable material generated in the state and of municipal solid waste disposed of in the state;
(10) A process for establishing and enforcing penalties for all violations of the requirements of this Act;
(11) A process for determining new toxic substances in packaging pursuant to Section 12 of this Act;
(12) A process for how the Department will oversee and monitor the Packaging Reduction Organization’s management of the Packaging Reduction Fund, including a process for submitting and reviewing proposals from the Packaging Reduction Organization regarding investments in projects and programs that will help achieve the packaging reduction requirements of Section 10 of this Act, and the packaging recycling requirements of Section 11 of this Act; and
(13) A process for determining whether information is proprietary information and therefore must be handled as confidential information.
Section 15: Penalties and Enforcement
(a) Failure to comply with the requirements of this Act shall subject the Packaging Reduction Organization or an individual producer to penalties for violations. The Department, Office of Inspector General, and the Office of the Attorney General, may conduct investigations, including inspecting operations, facilities, and records of producers and the Packaging Reduction Organization, and by performing audits of producers and the Packaging Reduction Organization, to determine whether entities are complying with the requirements of this Act.
(b) The Department, the Office of Inspector General, and the Office of the Attorney General, shall notify the Packaging Reduction Organization and producers of any conduct or practice that does not comply with the requirements of this Act and of any inconsistencies identified in an audit.
(c) The Department, the Office of Inspector General, and the Office of the Attorney General, may issue a notice of violation to, and impose an administrative civil penalty not to exceed one hundred thousand dollars ($100,000) per day per violation on any entity not in compliance with this chapter or any of the regulations the Department adopts to implement this Act. For the purposes of this Section, each product line that is sold, offered for sale, or distributed to consumers, via retail commerce, in the state, including through an internet transaction violation shall be considered a violation.
(d) Any funds collected under this Section shall be deposited into the Packaging Reduction Fund.
Section 16: Enforcement by Citizen Suit
(a) In accordance with [insert the applicable citizen suit provisions of the State], any ten citizens of the State may commence a civil action on their behalf against any person or entity, including the State, the Department, the Packaging Reduction Organization, an individual or group of Producers, and the office of Inspector general, who are alleged to be in violation of the requirements of this Act or its implementing regulations.
(b) No action may commence under this Section unless the plaintiffs have given [insert notice requirements of the applicable State in terms of days, i.e. 60 days] notice of its intention to file a claim against the alleged noncompliant party.
(c) In any action brought under this Section, the Department, if not a party, may intervene as a matter of right.
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An Act relative to assuring a jumpstart in investments in telecoms to preserve access to the internet
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H78
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HD2987
| 193
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{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:21:09.92'}
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[{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:21:09.92'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-19T21:21:10.1366667'}]
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{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-19T21:21:09.92'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H78/DocumentHistoryActions
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Bill
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By Representatives Robertson of Tewksbury and Vargas of Haverhill, a petition (accompanied by bill, House, No. 78) of David Allen Robertson and Andres X. Vargas relative to the awarding of money to municipal agencies for the purpose of expanding, founding, advertising or maintaining of publicly-administered broadband internet service providers. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Chapter 10 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 35PPP, as added by chapter 227 of the acts of 2020, the following section:-
Section 35QQQ. (a) There shall be established upon the books of the commonwealth a separate fund to be known as the Municipal Broadband Development Fund, which shall be subject to further appropriation. The fund shall be expended for the purposes set forth in section 10 of chapter 25C.
(b) The state treasurer may receive and expend monies received from: (1) state appropriations; (2) gifts, grants and donations from public or private sources; (3) appropriate federal reimbursements, grants-in-aid or other monies credited or transferred from any other fund or source pursuant to law; and (4) any interest earned from the Municipal Broadband Development Fund. Such funds shall be impressed with a trust and held for the purposes of said section 10 in the Municipal Broadband Development Fund. The treasurer may receive, deposit and invest funds held for the purposes of said section 10 in a manner that will ensure the highest interest rate available consistent with the safety of the Municipal Broadband Development Fund.
SECTION 2. Chapter 25C of the General Laws, as so appearing, is hereby amended by adding the following 2 sections:-
Section 9. (a) The following words as used in this section and in section 10 shall, unless the context otherwise requires, have the following meanings:
“Broadband internet service provider” or “BISP”, a mass-market retail service by wire or fiberoptic cable that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service or cellular, satellite or radio provided internet service; or set forth by the Federal Communications Commission or the department as a future equivalent of the provided service.
“Data Cap”, throttling, limiting, severance or purposeful interference of a data connection or transfer rate based on cumulative overall usage, the download or upload of data cumulative totals, or like measures over a defined time frame by an end-user subscriber of a BISP.
“End-User”, any subscriber of a broadband internet service provider.
“Municipal agency'', any department or office of a city or town government and any council, division, board, bureau, commission, institution, tribunal or other instrumentality thereof or thereunder.
“Net Neutral”, a BISP who does not partake in paid prioritization or data caps while maintaining open access for all end-users.
“Open Access”, freedom of an end-user to access any legally hosted and legal-to-view web-content, unless prohibited by law without additional cost or effort or reduction in internet access speed from a BISP.
“Paid prioritization”, the management of a broadband provider's network to directly or indirectly expedite or slow access by end-users of a BISP to any legally hosted and legal-to-view web-content, unless prohibited by law.
“Surcharge”, an additional fee, increased rate, or like instrument of financial burden on an end-user of a broadband internet service provider not charged on a recurring basis as part of providing service.
(b) The department shall create a net neutrality seal and certification review process as provided for in this subsection.
A BISP shall be deemed in compliance of a net neutral policy when a BISP does not participate in the practice of paid prioritization, ensures open access and is free of data caps or similar pricing surcharges based on internet usage by all end-users.
(c) A state agency, municipality, body politic or constitutional branch of the commonwealth shall not renew any contracts for telephone, broadband or other internet services between the commonwealth and a BISP not compliant with net neutrality certification as provided for in subsection (b).
(d) The state treasurer, in conjunction with the department, shall levy and collect a surtax of not less than 50 per cent on any surcharge by a BISP to be deposited in the Municipal Broadband Development Fund established by section 35QQQ of chapter 10.
Section 10. (a) The department shall, in cooperation with the state treasurer or their appointee, develop a competitive bidding procedure for the awarding of money to a municipal agency for the purpose of expanding, founding, advertising or maintenance of a publicly-administered BISP provided the BISP adheres to net neutrality standards.
(b) Any recipient of monies from the Municipal Broadband Development Fund, established by section 35QQQ of chapter 10, found to be in violation of the provisions of net neutrality as provided for in section 9 shall repay any sum awarded plus 5 per cent of the awarded total to the Municipal Broadband Trust Fund.
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An Act to increase access to recycling
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H780
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HD4052
| 193
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{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:38:19.723'}
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[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:38:19.7233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-07-10T17:26:05.05'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H780/DocumentHistoryActions
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Bill
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By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 780) of Michael S. Day for legislation to increase access to recycling in the Commonwealth. Environment and Natural Resources.
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“Recyclable” or “Recyclable Material” means a material that has the potential to be recycled and which is pre-sorted Such materials shall include but are not limited to: 1) containers, films and wraps made from metal, glass, plastic or paper and 2) newspaper, office paper, cardboard and other grades of paper.
“Recycle” or “Recycling” means to recover materials or by-products which are: reused, used as an ingredient or a feedstock in an industrial or manufacturing process to make a marketable product: or use in a particular function or application as an effective substitute for a commercial product or commodity. “Recycle” or “Recycling” does not mean to recover energy from the combustion of material.
Recyclable or Recyclable Material means a material that has the potential to be recycled and
which is pre-sorted. Recyclable material includes biodegradable paper, but does not include:
(a) organic materials that will be composted or converted; or
(b) construction and demolition waste unless it has been separated and kept separate into
at least the following categories: asphalt, brick and concrete; ceiling tiles; wood; metals;
plaster and wallboard; roofing materials; and carpet.
Recycle or Recycled means to recover materials or by-products which will be:
(a) reused;
(b) used as an ingredient or a feedstock in an industrial or manufacturing process to make
a marketable product; or
(c) used in a particular function or application as an effective substitute for a commercial
product or commodity.
Recycle does not mean to recover energy from the combustion of a material or to create a fuel.
Recycle does not include composting or conversion.
Restricted Material means any material subject to a waste restriction at a solid waste
management facility pursuant to 310 CMR 19.017(3).
Post-consumer Recyclables means the following materials which have served their intended end
use and have been pre-sorted:
(a) containers, films and wraps and other forms of packaging made from metal, glass,
plastic or paper; and
(b) newspaper, office paper, cardboard and other grades of paper.
“Transport” means the movement, by vessel or carrier, of solid waste from the point of generation to ultimate disposal, or any intermediate point for storage, reuse, treatment, or recycling.
Chapter 21H of the General Law is hereby amended by inserting the following section after Section 8.
SECTION 9: In order to reduce solid waste and its associated management and disposal costs, protect the environment and provide citizens increased access to recycling, all cities and towns in the Commonwealth providing curbside waste removal are required to also provide curbside pickup of recyclable material. All cities and towns in the Commonwealth providing a site or facility for waste drop-off are required to offer recycling at that site or facility.
All materials set aside for recycling or placed in recycling containers shall be delivered to recycling facilities. No person who transports solid waste shall knowingly mix recyclable materials with solid waste destined for a solid waste transfer station or disposal facility. No person who transports solid waste shall knowingly transport recyclable materials, whether mixed with solid waste or pre-sorted, to a solid waste disposal facility or to a solid waste transfer station.
All persons providing solid waste collection services in the Commonwealth of Massachusetts shall also provide: single stream or dual stream recycling collection services to all of their Massachusetts single-family and multi-family residential customers and all of their commercial customers, including delivery of a container or containers for the purpose of storage and collection of recyclables that is adequately sized for the customer’s use such that recycling is encouraged and disposal of recyclables is discouraged. The recyclables collection service shall be provided at a frequency of not less than once every other week.
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An Act relative to bow hunting for deer in Wompatuck State Park
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H781
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HD2567
| 193
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{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T14:40:10.553'}
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[{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T14:40:10.5533333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T17:10:32.5366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H781/DocumentHistoryActions
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Bill
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By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 781) of David F. DeCoste and Patrick Joseph Kearney relative to bow hunting for deer in Wompatuck State Park. Environment and Natural Resources.
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Notwithstanding section 7 of chapter 132A of the General Laws or any other law or rule to the contrary, the hunting of deer by bow and arrow in the Wompatuck State Park shall be permitted. The commissioner of the department of conservation and recreation may promulgate rules and regulations to provide for such hunting.
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An Act relative to the board of registration of hazardous waste site cleanup professionals
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H782
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HD2754
| 193
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{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T16:02:16.313'}
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[{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T16:02:16.3133333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:26:58.7133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H782/DocumentHistoryActions
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Bill
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By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 782) of David F. DeCoste and Michael J. Soter for legislation to establish the board of registration of hazardous waste site cleanup professionals. Environment and Natural Resources.
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SECTION 1. Chapter 21A of the General Laws is hereby amended by striking out section 19A and inserting in place thereof the following section:-
Section 19A. There is hereby established within the executive office of environmental affairs the board of registration of hazardous waste site cleanup professionals. The board shall consist of 11 members.
One member, who shall be the chairman of the board, shall be the commissioner of the department or a designee; provided, that said designee shall be a full-time employee of the department at all times while he or she is so designated. The designee shall have legal experience serving in an administrative judiciary role or with the environmental crimes strike force within the office of the attorney general.
The governor shall appoint 10 members of the board:
Three of whom shall be hazardous waste site cleanup professionals licensed by the board at all times while they are members of the board effective consistent with the current board administration: 1 of whom shall be a hydrogeologist; 1 of whom shall be a professional civil engineer licensed by and practicing in the commonwealth with experience as a hazardous waste site cleanup professional; and 1 of whom shall be a hazardous waste site cleanup professional with extensive experience in the petroleum underground storage tank and distribution industry, including residential homes. The members appointed pursuant to this paragraph shall have significant experience in the assessment or redemption of sites contaminated with petroleum and hazardous materials;
One of whom shall be a citizen of the commonwealth who owns or has owned a single family residence heated by petroleum;
One of whom shall be a representative of a non-profit public interest environmental organization that promotes the protection of the environment;
One of whom shall be a licensed construction supervisor and a representative of the homebuilding industry;
One of whom shall be a banking official active in providing mortgage loans to for residential and commercial real estate in the commonwealth, including a full-time environmental due diligence officer employed by a Massachusetts bank;
One of whom shall be an active member of the bar of this commonwealth with experience in real estate or environmental compliance;
One of whom shall be an active member of a municipal fire department who serves as a capacity of fire chief or in an office of fire prevention and has participated in the removal and replacement of underground storage tanks at residential and commercial real estate properties; and
One of whom shall be a full-time employee of the bureau of waste site cleanup in the department of environmental protection with experience investigating sites.
The governor shall appoint an alternate hazardous waste site cleanup professional to serve as an alternate in the case of the resignation of a hazardous waste site cleanup professional member to ensure 3 active hazardous waste site cleanup professionals serve the board. The alternate shall serve in the absence of a hazardous waste site cleanup professional member to ensure 3 hazardous waste site cleanup professional members serve the board.
The members of the board and the alternate appointed by the governor shall serve without compensation. No member of the board shall serve for more than 1 4-year term; provided, however, that a member may also serve as an alternate or for 1 partial term. . After the expiration of such term, the alternate shall be appointed to as 1 of the hazardous waste site cleanup professional members. A member of the board appointed by the governor whose term has expired shall continue to be a member of the board until his or her successor is appointed and qualified, at which time the successor shall complete the unexpired portion of the term.
Subject to appropriation, the secretary of the executive office of environmental affairs shall employ such staff and other persons as are required to assist the secretary or the board, or both, in the performance of their functions or duties pursuant to sections 19J, including, without limitation, administrative law judges who may conduct adjudicatory proceedings held pursuant to sections 19 to 19J, inclusive; provided, that the board shall make all final decisions in such adjudicatory proceedings.
SECTION 2. The governor shall remove all members of the board of registration of hazardous waste site cleanup professionals, except 3 hazardous waste site cleanup professional members, and appoint members with the qualifications described in section 1; provided, however, that the current chair of the board shall remain in such position at the chair’s discretion for a period not to exceed 3 years; and provided, further that at the commissioner’s discretion, the commissioner may appoint a chair with the qualifications described in section 1 to serve as co-chair with the chair holding such position on the effective date of this act.
SECTION 3. This act shall take effect 6 months after its passage.
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An Act relative to the pesticide board
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H783
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HD3077
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T13:20:13.083'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T13:20:13.0833333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T08:23:28.2966667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-05-05T08:38:53.8933333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-12T20:37:49.2933333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-27T11:31:12.4433333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-08-30T10:20:32.52'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-08T13:36:07.93'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-27T08:54:11.42'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-02T15:19:05.6866667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T10:39:51.1366667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:14:01.9866667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T15:28:16.8533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T11:19:23.41'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-24T11:30:23.5366667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-16T12:10:11.1666667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-19T16:36:43.6866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-14T07:55:16.8566667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-26T12:55:40.5133333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:28:56.9833333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-06T15:03:08.9333333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T23:43:01.7'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-01T09:27:48.0366667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-27T14:57:04.3'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T18:53:06.1333333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:44:03.12'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T17:35:54.14'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T13:21:37.9033333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-03-20T12:11:14.86'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T12:51:03.09'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-20T20:32:27.2633333'}]
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T13:27:14.103'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H783/DocumentHistoryActions
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Bill
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By Representative Domb of Amherst and Senator Lewis, a joint petition (accompanied by bill, House, No. 783) of Mindy Domb, Jason M. Lewis and others for legislation to establish the pesticide control modernization and environmental protection task force. Environment and Natural Resources.
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SECTION 1. (a) There shall be established a task force to be known as the pesticide control modernization and environmental protection task force. The task force shall study the commonwealth’s statutes, regulations, and practices governing pesticide control in the commonwealth and make recommendations on the items detailed in subsection (b) of this act.
The task force shall consist of the following members or their designee: the secretary of energy and environmental affairs, who shall serve as chair; the commissioner of agricultural resources; the commissioner of conservation and recreation; the commissioner of environmental protection; and the commissioner of public health. The task force shall also include 20 additional members appointed by the chairs of the joint committee on environment, natural resources and agriculture: 1 of whom shall be an academic expert in environmental and health impacts of pesticides; 1 of whom shall be an ecological risk assessor with a background in ecotoxicology; 1 of whom shall be a licensed pesticide applicator with expertise in integrated pest management practices; 1 of whom shall be a representative of a statewide land conservation organization; 1 of whom shall be a representative of a regional or statewide river protection organization; 1 of whom shall be a representative of a statewide wildlife protection organization; 1 of whom shall be a representative of a statewide organization representing farms and agriculture; 1 of whom shall be a representative of a statewide organization representing organic farms and agriculture; 1 of whom shall be a representative of a statewide organization representing beekeepers or groups concerned about pollinators; 1 of whom shall be a representative of a statewide lawn care organization; 1 of whom shall be a representative of a statewide nursery and landscape organization; 1 of whom shall be a representative of a statewide consumer protection organization; 1 of whom shall be a veterinarian or academic with expertise in pesticide impacts on animals; 1 of whom shall be a representative of a statewide horticultural or grower association; 1 of whom shall be a representative of pesticide manufacturers or distributors; 1 of whom shall be a representative of a statewide organization representing cranberry growers; 1 of whom shall be a representative of a statewide organization of retailers; 1 of whom shall be a member of a town natural resources commission or equivalent; 1 of whom shall be a representative of a research institution affiliated with a public university located in the commonwealth with expertise in integrated pest management practices or organic or regenerative agriculture; and 1 of whom shall be a member of a city natural resources commission or equivalent.
(b) The task force shall review and make recommendations to improve the ability of the commonwealth to prevent and mitigate adverse impacts of pesticide use on the environment and public health. The issues examined by the task force shall include, but not be limited to: (i) the title, structure, membership, and operation of the pesticide board and the pesticide board subcommittee currently within the department of agricultural resources; (ii) the ability of the pesticide board and pesticide board subcommittee to effectively interact with other state agencies, stakeholders, and the public; (iii) the commonwealth’s relationship with federal pesticide regulators and ability to implement federal pesticide regulations on the state level in a manner consistent with pesticide use reduction goals; (iv) the effectiveness of chapter 132B of the general laws and other state and federal statutes in reducing harmful impacts of pesticide use; (v) the ability of the pesticide board and the pesticide board subcommittee to quickly and effectively implement science-based regulation of pesticides and pesticide products; (vi) the effectiveness of the commonwealth’s licensing and continuing education process for pesticide users in promoting responsible, limited use of pesticides and reducing adverse impacts of pesticide use; (vii) the implementation of section 5A of said chapter 132B as it pertains to pesticide use reduction and annual reporting requirements; (viii) the impacts of current pesticide use practices on watersheds and other vulnerable natural resources and on environmental justice populations; (ix) opportunities to expand integrated pest management planning and practices to additional public lands; (x) opportunities to implement organic landcare practices on public lands; (xi) the accessibility, utility and transparency of the commonwealth’s pesticide use reporting system; and (xii) public awareness and education regarding pesticide use and its environmental and health impacts.
(c) The task force shall issue a report detailing its findings and recommendations, which shall include, but not be limited to, detailed investigation of the issue areas detailed in subsection (b) and a broad assessment of the operational effectiveness of the pesticide board and pesticide board subcommittee. The report shall include a recommendation of the appropriate location within state government to locate the board and the subcommittee, the appropriate titles for the board and the subcommittee respectively, in order to clearly communicate the roles of each body, and may include recommendations of additional oversight and accountability measures necessary for the board and the subcommittee to effectively meet the statutory goals of safe and responsible pesticide use established in chapter 132B.
(d) All meetings of the task force shall be open to the public. The task force shall hold at least 1 public listening session with a remote participation option. The task force shall convene its first meeting no later than September 1, 2023.
(e) The task force shall file its findings, recommendations and accompanying legislation, if any, with the clerks of the house of representatives and the senate, the joint committee on ways and means and the joint committee on environment, natural resources and agriculture not later than March 31, 2024.
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An Act relative to plastic bag reduction
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H784
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HD3075
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T13:25:37.983'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T13:25:37.9833333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-08-08T09:46:59.22'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-06-07T13:14:11.5166667'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-03-08T11:36:31.65'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-06-16T11:12:33.42'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-13T15:55:50.9566667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-06-14T14:30:18.0233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-11T08:04:37.8033333'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-07T12:43:41.6233333'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-10-12T15:08:48.9566667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-06T11:09:15.8733333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T20:53:52.6366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:54:15.63'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-15T11:50:02.02'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:56:59.99'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-14T07:54:25.1733333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-06-20T12:19:48.6333333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-06-07T09:19:39.6666667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-13T14:37:29.57'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-09T16:51:35.7933333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:43:43.56'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-06-08T11:14:31.1333333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:15:01.32'}]
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Bill
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By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 784) of Mindy Domb and others relative to plastic bag reduction. Environment and Natural Resources.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the following chapter:-
CHAPTER 21P.
PLASTIC BAG REDUCTION.
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Commissioner”, the commissioner of revenue.
“Department”, the department of environmental protection.
“Person”, an individual, partnership, trust, association, corporation, society, club, institution, organization or other entity.
“Postconsumer recycled material”, material used in a recycled paper bag that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle, and that does not comprise any material or byproduct generated from, and commonly reused within, an original manufacturing and fabrication process.
“Recycled paper bag”, a paper bag that (i) is 100 per cent recyclable; (ii) contains either: (A) a minimum of 40 per cent postconsumer recycled materials; or (B) if not more than a so-called 8 pound paper bag, not less than 20 per cent postconsumer recycled material; and (iii) displays on the outside of the bag the words “100% Recyclable” and either : (A) “40% postconsumer recycled content”; or (B) such other per cent of postconsumer recycled material established by department regulation.
“Retail establishment”, a store or premises in which a person is engaged in the retail business of selling or providing merchandise, goods, groceries, prepared take-out food and beverages for consumption off-premises or the servicing of an item, directly to customers at such store or premises, including, but not limited to, grocery stores, department stores, pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including farmers markets and public markets; provided, however, that a “retail establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable roadside stand used by a person from which to engage in such business directly with customers and business establishments without a storefront, including, but not limited to, a business delivering prepared foods or other food items, web-based or catalog business or delivery services used by a retail establishment; provided further, that a “retail establishment” shall include a non-profit organization, charity or religious institution that has a retail establishment and holds itself out to the public as engaging in retail activities that are characteristic of similar type retail businesses, whether or not for profit when engaging in such activity; provided further that a “retail establishment” shall include K-12 food service operations or institutional cafeterias, including those operated by or on behalf of any governmental entity.
“Reusable bag”, a bag that is not a plastic film bag that has handles that are stitched and not heat-fused, and that is made of washable cloth, hemp or other woven or non-woven fibers, fabrics or materials that are at least 80 grams per square meter, designed and manufactured specifically for multiple uses.
“Serviced” or “Servicing”, a service performed to clean, repair, improve, refinish or alter an item of a customer by a person engaged in a retail business of customarily providing such services, including, but not limited to, dry cleaning and tailoring articles of clothing, jewelry repair and shoe and leather repair.
“Single-use plastic bag”, a bag made of plastic film with or without handles provided by a retail establishment to customers at its business location to carry items purchased from or serviced by the retail establishment and that is not a recycled paper bag or reusable bag.
Section 2. (a) A retail establishment shall not provide a customer with a single-use plastic bag or provide any other bag, unless specifically allowed under this chapter that is not: (i) a recycled paper bag; or (ii) a reusable bag for the customer to carry away an item purchased from or serviced by the retail establishment.
(b) Subsections (a) and (c) shall not apply to any type of bag used by a retail establishment or provided by a retail establishment to a customer for: (i) prescription medication; (ii) produce, meats, poultry, fish, bread and other food items to keep such items, including unwrapped items, fresh or unsoiled; (iii) preventing frozen food items, including ice cream, from thawing; (iv) protecting articles of clothing on a hanger; (v) protecting small items from loss; (vi) providing or distributing prepared foods, groceries or articles of clothing at no cost or at a substantially reduced cost by a nonprofit organization, charity or religious institution; or (vii) any item that requires the use of a certain type of bag under federal or state law.
(c) A retail establishment may make available for purchase a recycled paper bag or reusable bag; provided, however, that the price of a recycled paper bag or reusable bag shall be not less than $0.10; and provided further, that such a recycled paper bag or reusable bag provided to a customer to carry away an item purchased from or serviced by a retail establishment shall not be subject to tax under chapter 64H or chapter 64I.
(d) A retail establishment shall be exempt from the requirements of subsections (c) and (e) if the retail establishment: (i) has not more than 3 store locations under the same ownership and each store location has less than 4,000 square feet of retail selling space and not more than 15 employees; (ii): (A) is not a food establishment under chapter 94 or any regulations promulgated pursuant to said chapter 94; or (B) provided less than 15,000 single-use plastic bags, recycled paper bags or reusable bags to consumers at the point of sale in total during the previous calendar year; and (iii) annually submits to the department an affidavit attesting that the retail establishment meets the requirements of this subsection.
Nothing in this subsection shall prohibit a retail establishment from making available for purchase a recycled paper bag or reusable bag under subsections (c).
(e) For each recycled paper bag sold, a retail establishment shall remit $0.05 to the commissioner of revenue at the same time and in the same manner as the sales tax due to the commonwealth and such amounts shall be administered in accordance with chapter 62C.
Not less than quarterly, money received by the commissioner under this section shall be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city and town in proportion to the amount of the sums received from the sales of recycled paper bags sold in the city or town. Sums received by a city or town under this section shall be used for reusable bags for residents, litter prevention, multilingual bag reuse and recycling education and promotion, enforcement of this chapter, cleanup programs, recycling programs and associated costs, waste reduction, composting programs, support for nonprofit, religious and charitable institutions reducing their plastic bag use, beautification and community greening. If the amount of the distribution to a city or town is $25,000 or less, the chief executive officer as defined in section 7 of chapter 4, may expend such funds for the purposes provided in this paragraph without further appropriation by the city or town.
Notwithstanding section 21 of chapter 62C, the commissioner may make available to cities and towns any information necessary for the administration of the fee collected by a retail establishment under this section including, but not limited to, a report of the amount of fees collected in the aggregate by each city or town under this section in the preceding fiscal year and the identification of each individual retail establishment collecting fees on recycled paper bag sold under this chapter.
Each even-numbered year, each city and town receiving money under this subsection shall provide a report to the department on: (i) the total amount received under this subsection; and (ii) a description of expenditures made with the money received under this subsection.
(f) Nothing in this section shall prohibit a customer from bringing a personal bag, made or comprised of any material, to a retail establishment to carry out items purchased from or serviced by the retail establishment.
(g) A retail establishment shall not be prohibited from selling or offering for sale to customers: (i) any package containing several bags, including, but not limited to, food bags, sandwich bags, yard waste bags, garbage bags or municipal pay-as-you-throw program trash bags; (ii) any product, merchandise or good with a protective bag, a bag to hold related accessories, parts or instruction manuals or a bag used as product packaging that the retail establishment received with such item or product from the manufacturer, distributor or vendor; or (iii) any bag that is not a retail type carryout bag that is sold or offered for sale as a product or merchandise, including, but not limited to, sports bags, handbags, equipment bags, tent bags or other bags specifically designed to protect or contain a particular item.
(h) Notwithstanding subsection (c) and to the extent permitted under federal and state law, a retail establishment that makes available for purchase a recycled paper bag at the point of sale shall not charge a fee for the bag to a customer using an electronic benefit transfer card as payment.
Section 3. (a) Each city and town shall enforce this chapter through its enforcing authority as determined under subsection (c).
(b) A retail establishment that violates this chapter shall be subject to a warning for the first violation, a civil penalty of $500 for the second violation and a civil penalty of $1000 for a third or subsequent violation. Each day a retail establishment is in violation of this chapter shall be considered a separate violation.
Each city and town shall dispose of a civil violation under this subsection by the non-criminal method of disposition procedures contained in section 21D of chapter 40 without an enabling ordinance or bylaw.
(c) Each city and town shall designate the municipal board, department or official responsible for the local enforcement of this chapter and for the collection of money resulting from civil penalties assessed for violations of this chapter. A city or town shall retain any civil penalties collected for such violations.
Section 4. The department shall establish standards for reusable bags including, but not limited to, the minimum amount of weight, number of uses and the minimum amount of recycled material required in reusable bags.
The department may through regulation: (i) increase or adjust the postconsumer recycled material percentage in a recycled paper bag; (ii) increase or adjust the fee established under subsection (c) of section 2; (iii) allow a retail establishment to use other non-plastic type carryout bags that are recyclable or compostable, provided however that such regulations shall not be implemented prior to the universal availability of a safe disposal route for compostable bags and, provided further, that the department shall seek public comment on said proposed regulations; and (iv) promulgate standards regulating bags authorized under subsection (b) of section 2.
The department shall, when adopting or amending any standard for an allowed recycled or reusable bag under this chapter, consult with the department of public health on issues relating to food safety and the materials used to produce the bags.
The department shall conduct an evaluation of the implementation of this act every three years and shall submit to the clerks of the senate and the house of representatives a report including legislative recommendations not later than December 31.
Section 5. Nothing in this chapter shall prohibit or limit the department’s authority to enforce this chapter.
SECTION 2. Subsection (b) of section 21 of chapter 62C of the General Laws, as amended by section 15 of chapter 5 of the acts of 2019, is hereby further amended by adding the following clause:-
(32) the disclosure of information necessary for administration of the recycled paper bag fee imposed under section 2 of chapter 21P.
SECTION 3. Subsection (d) of section 2 of chapter 21P is hereby repealed.
SECTION 4. Notwithstanding any general or special law to the contrary, the department of transitional assistance shall, if necessary to implement subsection (h) of section 2 of chapter 21P of the General Laws, use reasonable efforts to seek a waiver from the federal Food and Nutrition Service to implement said subsection (h) of said section 2 of said chapter 21P.
SECTION 5. Notwithstanding any general or special law to the contrary, the department of environmental protection shall inform the clerks of the house and senate in the case of a regional or national market shortage or a forecasted regional or national market shortage in the paper bag supply chain.
SECTION 6. Section 1 shall take effect 6 months after passage of this act.
SECTION 7. Section 3 shall take effect on January 1, 2025.
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An Act providing transparency for the Blue Hills Reservation Trust Fund
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H785
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HD942
| 193
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-17T14:50:34.783'}
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[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-17T14:50:34.7833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H785/DocumentHistoryActions
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Bill
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By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 785) of William J. Driscoll, Jr., relative to the administration of the Blue Hills Reservation Trust Fund by the Department of Conservation and Recreation. Environment and Natural Resources.
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SECTION 1. Section 34C of chapter 92 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “commission”, in line 12, the following words:- ; provided, that all revenue generated by motion picture or television production location fees and contracts shall be transferred to the fund within 60 days of receipt by the commonwealth.
SECTION 2. Said section 34C of said chapter 92, as so appearing, is hereby further amended by adding the following sentence: Quarterly, the department of conservation and recreation shall submit a detailed report to the clerk of the house of representatives and the house committee on ways and means regarding the fund’s financial position including, but not limited to: (i) revenue and expenditures of the fund; (ii) sources of revenue and fees; and (iii) details on any restrictions of the use of funds held in the account.
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An Act establishing memorial markers in the towns of Milton and Canton in memory of certain law enforcement officers killed in the line of duty
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H786
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HD1514
| 193
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-18T14:13:13.05'}
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[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-18T14:13:13.05'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T14:22:18.9066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H786/DocumentHistoryActions
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Bill
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By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 786) of William J. Driscoll, Jr., and Walter F. Timilty that the Department of Conservation and Recreation erect and maintain memorial markers in the towns of Milton and Canton in memory of certain law enforcement officers killed in the line of duty. Environment and Natural Resources.
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The department of conservation and recreation shall erect and maintain 4 suitable markers in memory of 4 law enforcement officers who were killed in the line of duty. The markers shall be similar in form to street signs, shall be placed on sidewalk land islands at the locations near where each officer was killed, and shall each include the name of the officer and the circumstances of their death, as follows:
(i) to be placed on 158 Blue Hills Parkway, northbound, in the Town of Milton in memory of Patrolman Robert Dana, noting “On March 25, 1984, while conducting a traffic stop in the Town of Milton on Blue Hills Parkway, Patrolman Dana was shot and fatally wounded.”;
(ii) to be placed on Blue Hills Parkway, northbound, at Parkway Crescent in the Town of Milton in memory of Patrolman Robert Edmonds, noting “On December 23, 1936, while on pursuit of a stolen vehicle on Blue Hills Parkway in the Town of Milton, Patrolman Edmonds collided with a tree and subsequently succumbed to his injuries.”;
(iii) to be placed on Hillside street at Chickatawbut road in the Town of Milton in memory of Patrolman Robert Stewart, noting “On February 8, 1913, while on mounted patrol, Patrolman Stewart was thrown from his horse on Hillside Street in the Town of Milton. Patrolman Stewart subsequently succumbed to his injuries.”;
(iv) to be placed near Fisherman’s Beach at Ponkapoag pond in the Town of Canton, in memory of Patrolman William Mateer, noting “On January 10, 1909, while attempting to rescue a fisherman who had fallen through the ice on Ponkapoag Pond in the Town of Canton, both Patrolman Mateer and the fisherman drowned.”
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An Act relative to the management of the Blue Hills Reservation
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H787
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HD1617
| 193
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-18T16:01:22.817'}
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[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-18T16:01:22.8166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H787/DocumentHistoryActions
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Bill
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By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 787) of William J. Driscoll, Jr., relative to the management of the deer population at the Blue Hills Reservation. Environment and Natural Resources.
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(a) Notwithstanding section 43 of chapter 286 of the acts of 2014 or any other general or special law to the contrary, for purposes of managing the deer population within the Blue Hills Reservation, the department of conservation and recreation shall divide the Blue Hills Reservation into individual deer population management zones of one square mile in area. Neither the department of conservation and recreation nor the division of fisheries and wildlife shall allow the hunting of deer within any individual deer population management zone where population of deer within that individual deer population management zone is less than 18; provided, however, that the commissioner of the department of conservation recreation and the commissioner of the division of fisheries may allow the hunting of deer in any individual deer population management zone if the population of deer within that individual deer population management zone exceeds 18. Prior to authorizing the hunting of deer in any individual deer population management zone the commissioner of the department of conservation recreation and the commissioner of the division of fisheries shall certify in writing, under the pains and penalties of perjury, that deer population within the individual deer population management zone for which they have authorized hunting exceeds 18.
(b) Notwithstanding section 43 of chapter 286 of the acts of 2014 or any other general or special law to the contrary, if after dividing the Blue Hills Reservation into individual deer population management zones of one square mile, any land area of less than 1 square mile remains undivided said undivided land area shall be classified as a special deer population management zone. The commissioner of the department of conservation recreation and the commissioner of the division of fisheries may allow the hunting of deer in said special deer population management zone only as follows:
(1) if the land area of the special deer population management zone is up to one quarter square mile and the population of deer in said special deer population management zone exceeds 5;
(2) if the land area of the special deer population management zone is between one quarter square mile and one half square mile and the population of deer in said special deer population management zone exceeds 9;
(3) if the land area of the special deer population management zone is between one half square mile and three quarters of a square mile and the population of deer in said special deer population management zone exceeds 14;
(4) if the land area of the special deer population management zone is between three quarters of a square mile and a square mile and the population of deer in said special deer population management zone exceeds 16;
Prior to authorizing the hunting of deer in said special deer population management zone, the commissioner of the department of conservation recreation and the commissioner of the division of fisheries shall certify in writing, under the pains and penalties of perjury, that deer population within said special deer population management zone exceeds the required minimum."
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An Act protecting public drinking water by further regulating solid waste disposal facilities
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H788
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HD2679
| 193
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{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T15:29:24.257'}
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[{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T15:29:24.2566667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T13:04:47.4633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H788/DocumentHistoryActions
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Bill
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By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 788) of Michelle M. DuBois for legislation to further regulate the building or expansion of solid waste disposal facilities. Environment and Natural Resources.
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SECTION 1. Section 150A of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second paragraph, on line 37, the following paragraph:-
No site shall be assigned as a place for a new facility or for the expansion of an existing facility if the site is located within a zone of 400 feet of: (1) a public water supply well or well field; (2) that area of an aquifer which: (i) contributes water to a to a well under recharge and pumping conditions that allow safe yield of the well for 180 days without any natural recharge occurring, and (ii) is bounded by the groundwater divides which result from pumping the well and by contact of the edge of the aquifer with less permeable materials; or (3) that area of an aquifer which contributes water to a spring under naturally flowing conditions. Such zone may include streams or lakes that act as recharge boundaries. Such zone shall be considered to extend up-gradient to its point of intersection with prevailing hydrogeologic boundaries.
SECTION 2. The department of environmental protection may promulgate rules and regulations necessary to carry out the requirements of this act.
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An Act limiting toxics release inventory facilities in environmental justice communities
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H789
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HD3750
| 193
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{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-20T14:24:24.773'}
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[{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-20T14:24:24.7733333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-20T16:51:51.05'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H789/DocumentHistoryActions
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Bill
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By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 789) of Michelle M. DuBois and Rodney M. Elliott relative to decreasing the siting or expansion of toxics release inventory facilities within certain low income or minority populated neighborhoods. Environment and Natural Resources.
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SECTION 1. Chapter 30 of the General Laws, as so appearing in the 2020 official edition, is hereby amended by inserting the following sections:-
Section 62J. As used in this section and in section 62K, the following definitions shall apply, unless the context clearly requires otherwise:
"Equal Protection," that no group of people, because of race, ethnicity, class, gender, gender identity, or handicap bears an unfair share of environmental pollution from industrial, commercial, state and municipal operations or have limited access to natural resources, including waterfronts, parks and open space, and water resources.
“Executive Office of EEA,” the Executive Office of Energy and Environmental Affairs.
"Lacking English Language Proficiency" refers to households that, according to federal census forms, do not have an adult proficient in English.
“Environmental justice population,” as defined in the Acts of 2021, section 56, chapter 8.
“Secretary of EEA,” the Secretary for Energy and Environmental Affairs.
“Toxics Release Inventory,” the Toxics Release Inventory and Toxics Release Inventory Program of the United States Environmental Protection Agency.
“TRI Facility,” any industrial or commercial facility subject to the regulations, policies, or reporting requirements of the Toxics Release Inventory Program of the United States Environmental Protection Agency or comparable laws or regulations of the Commonwealth for the management and control of pollutants or toxins that pose a significant risk to public health or the environment.
Section 62K. The Secretary of the Executive Office of Energy and Environmental Affairs shall direct each Department, Board, or other agency or program in the Secretariat with jurisdiction over the permitting of any TRI Facility to issue recommendations for ways to substantially decrease the further siting or expansion of TRI Facilities within Environmental Justice Populations neighborhoods. This action shall be undertaken by the Secretary of EEA no later than 30 days after the bill’s passage.
By no later than 180 days after the effective date of this Act, the Secretary of EEA shall initiate a rule-making process that shall establish a cap on the total number of TRI Facilities that may be sited or expanded within any Environmental Justice Population neighborhood. That rule-making process shall prioritize and give substantial weight to achieving a substantial reduction of the risk of the exposure of residents of the neighborhood to toxins listed in the TRI Inventory and shall prioritize and give substantial weight to providing and preserving the access of the residents of the neighborhood to a clean and healthful environment regardless of race, income, national origin or English language proficiency.
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An Act relative to providing for net neutrality and consumer protection
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H79
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HD1985
| 193
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T14:59:48.163'}
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[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T14:59:48.1633333'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-19T09:36:27.8233333'}]
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{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-19T09:35:58.793'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H79/DocumentHistoryActions
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Bill
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By Representatives Rogers of Cambridge and Vargas of Haverhill, a petition (accompanied by bill, House, No. 79) of David M. Rogers and Andres X. Vargas for legislation to provide for net neutrality and consumer protection. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 93K the following chapter:-
CHAPTER 93L
NET NEUTRALITY
Section 1. This chapter shall be known and may be cited as the “Net Neutrality and Consumer Protection Act.”
Section 2. The General Court hereby finds and declares that:
(a) It is the public policy of Massachusetts to ensure that all commonwealth customers of Internet service providers have access to an open and neutral Internet.
(b) The prioritization of lawful Internet network traffic, except for reasonable Internet network management, may impede competition in the Internet marketplace by permitting Internet service providers to exert undue influence and potentially usurp the customer's privilege to dictate success in the marketplace.
(c) The prioritization of lawful Internet network traffic, except for reasonable Internet network management, may stifle innovation by providing large and established companies enhanced access to customers and, in turn, degrading the access of small businesses, entrepreneurs and start-up companies to customers.
(d) The prioritization of lawful Internet network traffic, except for reasonable Internet network management, may lead to increased costs for customers as content providers are likely to pass along to their customers any increase in operating costs caused by any fee that allows for that prioritization.
(e) The prioritization of lawful Internet network traffic, except for Internet reasonable network management, may inhibit the free exchange of ideas on the Internet by allowing Internet service providers to give selected content providers enhanced access to the Internet user community.
Section 3. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
"Content provider", any person, business or organization that owns or operates a website or creates, develops, promotes or owns any content, including, but not limited to video, audio and text, that is available via the Internet.
“Department”, the department of telecommunications and cable within the office of consumer affairs and business regulation established in section 1 of chapter 25C.
"Director", the director of the office of consumer affairs and business regulation in the executive office of housing and economic development established in section 1 of chapter 24A.
"Internet", the international computer network of both federal and non-federal interoperable packet switched data networks.
"Internet service provider", any person, business, or organization qualified to do business in the commonwealth that provides individuals, corporations, or other entities with the ability to connect to the Internet through equipment that is located in the commonwealth.
"Office", office of consumer affairs and business regulation in the executive office of housing and economic development.
"Reasonable Internet network management", an Internet network management practice that is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the Internet access service, or that is for emergency communication, law enforcement, public safety or national security purposes.
Section 4. An Internet service provider shall provide all customers:-
(i) full disclosure, at the time they become customers of that provider, of the Internet service provider's policies relating to, or any action taken by the Internet service provider having the effect of, the privileging, degrading, prioritizing or blocking of any Internet traffic;
(ii) prior written notification at least 30 days before the implementation of, or any change in, any of their Internet service provider's policies or actions after they become customers of that provider that will result in the privileging, degrading, prioritizing or blocking of any Internet traffic except where necessary for reasonable Internet network management;
(iii) disclosure of all agreements made by the Internet service provider and a content provider that provide the content provider's Internet traffic with any form of preferential treatment over any other lawful Internet traffic; and
(iv) a comprehensive list, within their monthly or other periodic billing statement, of any and all fees charged by the Internet service provider, separately itemized for each fee and, if applicable, for each instance in which that fee is charged, including, but not limited to, all fees charged by the Internet service provider for accessing a particular website, with each occurrence of such access for which the customer has incurred a charge listed separately, together with the time and date of access.
Section 5. (a) Notwithstanding any provision of chapter 25C or any other general or special law to the contrary, the department shall have jurisdiction, general supervision, regulation and control over an Internet service provider’s compliance with section 4.
(b) Any person may file a formal complaint alleging a violation of section 4.
(c) The department shall have the right to institute, or to intervene as a party in, any action in any court of competent jurisdiction seeking injunctive or other relief to compel compliance with any provision of section 4 or any rule, regulation or order adopted thereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection therewith.
(d) The department or its employees may visit the places of business and other premises and examine the records and facilities of all internet service providers to ascertain if all rules and regulations and orders of the department have been complied with. The department shall also have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in any matter over which it has jurisdiction, control or supervision. The department shall have the power to administer oaths and affirmations to persons whose testimony is required.
(e) Subject to section 4 of chapter 25C, the commissioner of the department shall have all the powers and duties under this chapter including, but not limited to: presiding at hearings; maintaining or intervening in an action; hearing appeals and issuing enforcement orders; enforcement powers; and all other authority to carry out the duties and responsibilities of section 4. Appeals taken from the orders of the department shall be taken in the same manner and according to the same procedure for the department of public utilities established in section 5 of chapter 25.
(f) Nothing in this section shall be construed to affect or modify the authority of the attorney general to apply and enforce chapter 93A and other consumer protection laws of general applicability;
Section 6. (a) There is established in the office the "Massachusetts Internet Service Provider Registry" for the purpose of making Internet service quality and pricing information readily available to customers within the commonwealth.
(b) The office shall promulgate regulations that require all Internet service providers, with customers in the commonwealth, to affirmatively disclose the following information to the office:
(i) the material terms of any agreement with any content provider that will result in the privileging or prioritization of a content provider's Internet traffic. Disclosure of this information shall occur before the Internet service provider takes any action which would result in the privileging or prioritization of the content provider's Internet traffic;
(ii) all of the Internet service provider's policies relating to, or any action taken by the Internet service provider that will result in, the privileging, degrading, prioritizing or blocking of any Internet traffic. Disclosure of this information shall occur before the Internet service provider takes any actions which would result in the privileging, degrading, prioritizing or blocking of any Internet traffic, except that the disclosure may occur within seven calendar days after any action is taken if the action is necessary for reasonable Internet network management; and
(iii) the material terms of all basic agreements entered into with all of its customers for Internet service, including a full accounting of any and all fees charged by the Internet service provider to its customers and any promises or assertions made regarding the connectivity speed of the Internet service.
(c) The office shall conduct verification tests, on its own or through a third-party, to determine the average connectivity speed experienced by actual users for each Internet service provider within the Commonwealth.
(d) The office shall compile the information disclosed by all of the Internet service providers within the commonwealth pursuant to this chapter and from the office's own verification tests, conducted pursuant to this section, into an "Internet Service Provider Registry." The director shall organize the registry in a format that is conducive to review and comparison by customers and prospective customers of Internet service.
At a minimum, the registry shall include for each Internet service provider:-
(i) all fees charged by the Internet service provider;
(ii) the connectivity speed that the Internet service provider promises or claims to provide to its customers;
(iii) the average connectivity speed found during the office's verification tests;
(iv) a full list of any content providers that have entered into an agreement with each Internet service provider for the privileging or prioritizing of the content provider's Internet traffic; and
(v) a simple explanation of the Internet service provider's policies relating to privileging, degrading, prioritizing or blocking of any Internet traffic, and any impact those policies may have on the Internet service provider's customers.
(e) The office shall make available electronically on its Internet website in English and Spanish the information contained in the registry, and shall provide the information to customers and prospective customers upon request by means of a toll-free telephone service operated by the office.
The information available on the Internet website shall:-
(i) be organized to meet the requirements of subsection d. of this section and be designed so that the customer or prospective customer may download and print the displayed information;
(ii) include a statement drafted by the director which explains the potential negative impact that non-neutral treatment of Internet traffic can have upon customers of Internet service and, more generally, on the Internet marketplace, competition, innovation and the free exchange of ideas, which shall be prominently displayed at the top of each of the website's pages;
(iii) include the disclosures required pursuant to section 4;
(iv) include Internet web links to other governmental resources that provide information relating to Internet network neutrality, the regulation of the Internet, how a complaint may be filed with the Federal Communications Commission for a violation of any of its open Internet regulations including, but not limited to, regulations under Part 8 of Title 47 of the Code of Federal Regulations, and how a complaint may be filed with the office for a violation of this chapter; and
(v) contain clear language that is designed to assist customers and prospective customers in understanding the content of, and how to access, the information made available on the website.
(f) The office may contract with a public or private entity for the purpose of developing, administering, and maintaining the registry established pursuant to this section. The contract shall specify the duties and responsibilities of the entity with respect to the development, administration, and maintenance of the registry. The office shall monitor the work of the entity to ensure that the registry is developed, administered, and maintained pursuant to the requirements of this chapter.
Section 8. (a) An Internet service provider that conducts business in the commonwealth and that privileges, degrades, prioritizes or blocks any Internet traffic, except where necessary for reasonable Internet network management, shall provide to all customers in the commonwealth, upon entering into an agreement for service and annually thereafter, a document containing the following information:-
(i) the disclosures required pursuant to section 4, set forth by the office as the "Massachusetts Net Neutrality Act"
(ii) a statement detailing any of the Internet service provider's policies that may result in the privileging, degrading, prioritizing, or blocking of any Internet traffic;
(iii) a statement describing any actions regularly taken by the Internet service provider that result in the privileging, degrading, prioritizing or blocking of any Internet traffic;
(iv) a full list of content providers that have entered into an agreement with the Internet service provider for the privileging or prioritizing of its Internet traffic; and
(v) the network traffic prioritization notification statement, which shall read as follows, "The Internet service you receive has been prioritized by name of Internet service provider and therefore, discriminates against non-prioritized content. It is possible that a particular website or content that you wish to view may load more slowly or fail to properly load on your computer or Internet access device as a result of network prioritization." The Internet service provider shall insert, in place of the name designated by bracketed text above, the name of the company that is contracted to provide Internet service to the customer receiving the notification.
(b) An Internet service provider offering services to a Massachusetts customer that privileges, degrades, prioritizes or blocks any Internet traffic, except where necessary for reasonable Internet network management, shall include, in a prominent location and in 12-point boldface type, the network traffic prioritization notification statement, as required pursuant to subsection (a), in every bill or statement sent to each customer receiving Internet services within Massachusetts.
Section 9. It shall be an unfair or deceptive act or practice and a violation of chapter 93A to violate any provision of this chapter and the attorney general of the commonwealth or any other person may bring an action pursuant to chapter 93A.
SECTION 2. This act shall take effect on January 1, 2022, but the director of the office of consumer affairs and business regulation and the commissioner of the department of telecommunications and cable may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
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An Act restricting the use of effluent water in cooling towers
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H790
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HD3797
| 193
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{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-20T14:34:35.977'}
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[{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-20T14:34:35.9766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H790/DocumentHistoryActions
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Bill
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By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 790) of Michelle M. DuBois relative to the use of effluent water in cooling towers. Environment and Natural Resources.
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Chapter 21 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by inserting after section 27A the following section:-
Section 27B. Effluent water shall not be used in any cooling tower in the commonwealth. For the purposes of this section a cooling tower shall be any heat rejection device which rejects waste heat into the atmosphere through the cooling of a water stream to a lower temperature. The division shall advise the department regarding the enforcement of this section and may prescribe further restrictions on the use of effluent water through rules and regulations.
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An Act relative to the placement of a certain statue in the city of Lowell along the Merrimack River
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H791
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HD642
| 193
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{'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-12T10:50:45.813'}
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[{'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-12T10:50:45.8133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H791/DocumentHistoryActions
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Bill
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By Representative Elliott of Lowell, a petition (accompanied by bill, House, No. 791) of Rodney M. Elliott that the the Department of Conservation and Recreation erect a certain statue in the city of Lowell along the Merrimack River. Environment and Natural Resources.
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Notwithstanding any general or special law or regulation to the contrary, the department of conservation and recreation shall designate a place along the Merrimack river in the city of Lowell on land owned or controlled by the department and erect the statue donated to the city of Lowell, known as the Indian Maiden statue. The department shall maintain a suitable marker and signage bearing this designation in compliance with the standards of the department.
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An Act establishing the Blue Communities Program
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H792
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HD3054
| 193
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{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-17T23:02:24.803'}
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[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-17T23:02:24.8033333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-27T14:14:02.66'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-27T14:14:02.66'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T14:14:02.66'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-03T12:31:45.5433333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-02-03T12:31:45.5433333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-03T12:31:45.5433333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T11:49:40.8'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T07:55:50.1033333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-16T16:58:07.2933333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:43:20.96'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:01:27.2666667'}]
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-17T23:02:24.803'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H792/DocumentHistoryActions
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Bill
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By Representative Fernandes of Falmouth and Senator Cyr, a joint petition (accompanied by bill, House, No. 792) of Dylan A. Fernandes, Julian Cyr and others for legislation to establish a blue communities program to incentivize local action to reduce nutrient pollution and ocean acidification. Environment and Natural Resources.
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SECTION 1. Section 6 of chapter 64H of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (p) and inserting in place thereof the following subsection:-
(p) (1) Sales of livestock and poultry of a kind which ordinarily constitute food for human consumption; (2) sales of feed, including the bags in which the feed is customarily contained, for livestock and poultry of a kind which ordinarily constitute food for human consumption or are to be sold in the regular course of business or for animals produced for research, testing, or other purposes relating to the promotion or maintenance of the health, safety or well being of human beings or animals or for fur-bearing animals, the pelts of which are sold in the regular course of business; and (3) sales of plants, including parts of plants, suitable for planting to produce food for human consumption or when such plants, including parts thereof or the produce thereof, are to be sold in the regular course of business, including such items as seed potatoes, onion sets, asparagus roots, berry plants or bushes, and fruit trees.
SECTION 2.
(a) Section 1 of chapter 21N of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Carbon dioxide equivalent” the following definition:-
“Coastal waters”, any waters and associated submerged lands of the ocean, including the seabed and subsoil, lying between the coast and the seaward boundary of the commonwealth, as defined in 43 U.S.C. § 1312
(b) Said section 1 of chapter 21N of the General Laws, as so appearing, is hereby further amended by inserting after the definition of “Entity” the following definition:-
“Eutrophication”, a condition of coastal or freshwaters of having elevated nutrient concentrations
(c) Said section 1 of chapter 21N of the General Laws, as so appearing, is hereby further amended by inserting after the definition of “Nature-based solutions” the following three definitions:-
“Nutrient dense”, the label which the executive office shall give to fertilizers and liquids that have levels of Nitrogen and Phosphorous the executive office deems too great to be advisable
“Nutrient pollution”, excess amounts of nutrients which can lead to eutrophication
“Ocean acidification”, the decrease of pH levels in the ocean driven by an increase in carbon dioxide dissolved in the water
(d) Said section 1 of chapter 21N of the General Laws, as so appearing, is hereby further amended by inserting after the definition of “Vulnerability assessment” the following definition:-
“Watershed”, any defined land area drained by a river or stream, karst system, or system of connecting rivers or streams such that all surface water within the area flows through a single outlet
SECTION 3. Chapter 21N of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding, after section 11, the following section:-
Section 12: The establishment of a blue communities program
(a) The executive office shall establish a blue communities program to incentivize local action to reduce nutrient pollution and ocean acidification in the ocean, coastal waters, fresh waters, and watersheds. The program shall provide technical and financial assistance, in the form of grants and loans, to municipalities and other local governmental bodies that qualify as blue communities under this section.
(b) The executive office may delegate certain initiatives within the blue communities program to certain executive departments, divisions, or offices, including but not limited to, the department of environmental protection, the division of ecological restoration, the division of marine fisheries, and the office of coastal zone management. The executive office may also integrate certain initiatives within the blue communities program with already existing programs, including but not limited to, the green communities division, the municipal vulnerability preparedness grant program, and municipal recycling programs.
(c) To qualify as a blue community, a municipality or other local governmental body shall:
(1) file an application in a form and manner to be prescribed by the executive office;
(2) adopt five of the following nine initiatives:
(i) a liquid hazardous waste program which advertises detergents, cleaning products, and other hazardous or nutrient-dense liquids that cannot safely be thrown away, flushed, or poured down drains and annually collects and properly disposes of such liquids;
(ii) the model groundwater protection regulation proposed by the department of environmental protection or a similar impervious surface zoning bylaw that limits the total area of land covered by impervious surfaces to reduce runoff, particularly in areas closest to coastal waters;
(iii) a rain barrel program which incentivizes and coordinates the implementation of residential rain barrels to collect rainwater and prevent excess runoff;
(iv) a shell collection system for local businesses to return carbonate-containing shells to the ocean;
(v) a shellfish or seaweed regenerative ocean farming operation or shellfish or seaweed restoration project approved by the executive office;
(vi) a water quality monitoring system that must include, but is not limited to, monitoring levels of pH, phosphorus, and nitrogen;
(vii) a plan to eliminate municipal owned sanitary sewer or combined sewer overflows;
(viii) a fertilizer bylaw and lawns program that restricts fertilizer use on grass, educates the public and business-owners on proper lawn care to minimize adverse impacts to coastal waters, and provides contact information for certified professionals to assist in the implementation of these goals; and
(ix) a stormwater utility program to fund upgrades to stormwater infrastructure.
(3) develop a blue community plan that (a) prioritizes implementation in environmental justice communities and (b) outlines specific metrics for each implemented initiative, to be determined by the executive office; and
(4) report the expenditures and results of their blue community plan to the executive office and to the joint committee on environment, natural resources, and agriculture every two years from the date the application is approved by the executive office.
(d) The executive office shall establish a fund to be known as the Blue Communities Fund, which shall be used to finance this program and all or a portion of the costs of studying, designing, constructing, and implementing ocean acidification mitigation programs. The executive office may integrate this fund with the Global Warming Solutions Trust Fund established in section 3 of chapter 209 of the acts of 2018. Funds shall be appropriated annually by the state and include, among other sources, monies obtained from:
(1) offshore wind contributions;
(2) cap-and-invest programs within the commonwealth;
(3) sales tax on fertilizers; and
(4) other sources of revenue related to carbon reduction, the fishing industry, environmental protection and mitigation and ocean acidification.
(e) The executive office shall be responsible for the administration and oversight of the blue communities program, including by:
(1) adopting rules, regulations and guidelines for the administration and enforcement of this section, including, but not limited to, establishing applicant criteria, detailing operations and requirements of the programs in section (b), funding priority, and application forms and procedures;
(2) adopting a structure for communities to receive funding that gives greater amounts of funding to communities that adopt a greater number of initiatives; and
(3) submitting an annual report by September 1 to the clerks of the senate and the house of representatives detailing expenditures and results relative to the blue communities program.
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